| TREATING
TEENS |
 |
Interpreting
the Key Elements Within a Juvenile Justice Setting
By Laura Nissen, Ph.D., M.S.W.
Director, Reclaiming Futures
A National Program of The Robert Wood Johnson Foundation
National Program Office at Portland State University
Regional Research Institute for Human Services
Graduate School of Social Work
Introduction and Overview
An untold story
of drug and alcohol abuse among the nation's adolescents is the
degree to which the juvenile justice system has become the de facto
substance abuse treatment provider for young people in trouble with
the law. As such, it struggles to reinvent itself to meet a rapidly
growing demand for services that effectively help youths to change
their lives.
Despite our best efforts to get substance abuse treatment to the
youths who need it, the gap remains high between the haves and the
have-nots. Estimates suggest that fewer than 10% of youth who appear
to need treatment ever get it (Dennis, Dawud-Noursi, Muck and McDermitt,
2001). Our communities pay for this shortage of services in many
ways. Compared to their non-drug using peers, those who abuse substances
are 3 to 47 times more likely to end up in emergency rooms, do poorly
in school, engage in disruptive behavior, find themselves in trouble
with the law or be arrested (Dennis & McGeary, 1999). Many of
these youths have co-occurring mental health problems, presenting
even more challenges (Cocozza and Swowyra, 2000).
Contributing to the troubling equation at the local level are: a
high availability of drugs and alcohol, an increasing number of
adolescents with little to do, schools and community youth programs
facing cutbacks, economic turmoil among families with few resources,
and increasingly punitive attitudes towards juveniles. At the national
level, the problems of delinquency and substance abuse cost millions
of dollars, threaten public safety and disrupt other efforts to
build strong communities.
Without intervention
and application of an emerging base of evidence-based models, many
of these youths will progress towards a more complex and entrenched
association with delinquency, later addiction, crime and prison-making
our failure to intervene even more costly. Providing substance abuse
and related comprehensive services for juvenile offenders is a bargain
compared to the long-term costs of the alternative. The lack of
appropriate, accessible and effective substance abuse and related
integrated services for youths before as well as within a juvenile
justice setting should be viewed as one of the most important public
health crisis in America.
The Numbers
It has been
well established that the substance abuse patterns of youths in
the juvenile justice system are dramatically higher than that of
the general youth population, and that this relationship is a key
precursor to a delinquent career (DiIulio and Baldwin Grossman,
1997). As their substance abuse problems go untreated, increasing
numbers of these youths are likely to find themselves in trouble
with the law.
In fact, although
juvenile delinquency has decreased during recent years, there has
been a dramatic increase in the numbers of offender youths entering
the juvenile justice system on drug-related charges (U.S. Department
of Justice, 1999). Specifically, there has been a 144% increase
in juvenile drug abuse violations and a 183% increase in juvenile
drug abuse cases that were formally processed among juvenile offenders
in the last few years (U.S. Department. of Justice, 1999). One study
showed that during the last 10 years there was a 291% increase in
the rate at which young people were incarcerated because of drug
involvement in general, and the increase in drug-related incarcerations
for young black men during that same period was 539% (Schiraldi,
Holman & Beatty, 2000). One result of these dramatic increases
in justice's focus towards youth and drugs is that the juvenile
justice system has found itself as the largest single referral source
for youths in publicly funded substance abuse treatment (Dennis
& McGeary, 1999). Availability of consistent screening, assessment,
and substance abuse treatment (or other services related to the
frequent phenomenon of co-occurring disorders) is uneven nationally,
further exacerbating a crisis in the capacity to address the problem.
Only 36% of juvenile corrections facilities offer any type of substance
abuse treatment (SAMHSA, 1997) and juvenile probation departments
cite substance abuse treatment as one of their top four program
expansion needs (Torbett, 1999).
During the last
15 years, the juvenile justice system has devised a variety of approaches
to effectively intervene in this nexus of opportunity between the
juvenile justice and public health/substance abuse treatment systems.
One result is that an exciting basis of best practices is beginning
to emerge to guide the way for future reform-though their adoption
has been slow across the U.S. (Nissen, Vanderburg, Embree-Bever
& Mankey, 1999; VanderWaal, McBride, Terry-McElrath, VanBuren,
2001). These approaches include such innovations as community assessment
centers, juvenile drug courts, and integrated treatment networks,
as well as the inclusion of juvenile justice-specific innovation
strategies such as balanced and restorative justice, graduated sanctions,
systems collaboration, integrated case management, strength-based
approaches, and efforts to reduce the disproportionate confinement
of youths of color. How can juvenile justice systems best utilize
the nine key elements to begin to build a strong response to these
trends and seek to build innovative and evidence-based solutions
to substance abuse among their young offender populations? The following
represents a beginning interpretation of the elements for use in
the juvenile justice setting.
Focusing
the Nine Key Elements in Juvenile Justice Settings
Assessment
and Treatment Matching
In juvenile
justice settings, youths enter from a variety of different sources.
Juvenile justice professionals need to establish a youth intake
process (whether in detention or in other contexts) that screens
and assesses for the presence of substance abuse and related problems,
no matter how and why they enter the system.
Further, in
order to make a good referral "match" to treatment, a
continuum of available treatment slots must be developed to meet
the unique needs of youth offenders and their families. Some of
the services must be available in detention and other locked settings,
as well as among community providers who are specially knowledgeable
about the drugs/delinquency cycle.
Comprehensive,
Integrated Treatment Approach
In short, the
needs of these youths are complex and defy a solution by any one
agency or professional-no matter how capable. Community services
tend to occur within what have become known most commonly as funding
and professional "silos." In order to meet the needs of
youths and their families, the state-of-the art in treatment approaches
in any youth-service endeavor generally involves learning to work
across and between these systems, as well as within them. A comprehensive
and integrated approach minimizes artificial barriers between systems
and services, and provides services that will meet the needs of
the people, not the systems involved. It also requires that dynamic
case management will most likely be needed to support youths and
their families through the particular legal complexities of juvenile
justice, substance abuse treatment and other services.
Family Involvement
in Treatment
Successful engagement
of the family is often the key to the long-term success of youths
in any type of formal service system. A juvenile justice contact
represents a crisis for most families in which they are often simultaneously
frustrated, bewildered at the complexity of the system, and anxious
regarding the fate of their child. It can be even more complex and
challenging if substance abuse is part of their youth's and/or their
family's situation. The stigma associated with the combination of
issues can be even more burdensome. Families served in the juvenile
justice system may be financially challenged and may have limited
linguistic and/or geographic access to people making decisions regarding
their child's case. They may have substance abuse and/or other health
problems themselves. Likely they have other children, jobs, or situations
that require their attention and may not be able to focus on dealing
with multiple systems. Great care, planning and attention should
be paid to providing adequate outreach, support, education, information
and hope to families in this situation. They should be given the
opportunity to be involved in their child's case, as well as treatment,
as full partners, and consistently given the message that although
they are facing challenges-they can rise to the occasion and build
a new start as a family together.
Developmentally
Appropriate Program
Every service
offered to youths in the juvenile justice system should reflect
their unique strengths, orientations, and perspectives. They have
a developmental need to be involved as partners in their treatment
planning - and often provide powerful insights into their situation
that professionals might miss. Because a youth has made some bad
decisions- it doesn't mean that he or she is incapable of learning
and modeling better community norms given an inviting opportunity.
Youths not only need developmentally appropriate treatment services,
but a wide range of opportunities to extend beyond the traditional
rehabilitative menu; these might include such things as civic engagement,
youth leadership and service learning (Bazemore & Nissen, 2000).
The ability of youths to learn, grow and experiment is their most
important developmental strength-even in the juvenile justice setting.
Be especially wary of treatment/intervention models that have only
been used with adults. Until adapted for youth specifically, they
can be of little value and even create additional problems.
Engage and
Retain Teens in Treatment
A judge ordering
treatment does not guarantee that a youth will become engaged and
complete the treatment process. Especially if a youth has had multiple
previous contacts with the system, special efforts must be made
to overcome cynicism and skepticism about the potential of any professional
helper to tell him/her anything he or she hasn't heard before. Though
it may seem obvious, it is important to approach system-experienced
youth with a healthy respect. Their experiences of disappointment,
ineffective or self-perceived injurious encounters with the juvenile
justice system should be acknowledged rather than minimized. The
most innovative programs serving youthful offenders get clients
involved in dramatic ways, encourage leadership and ownership of
the process, build on their strengths, challenge their behavior
patterns that have proven ineffective to long-term success, and
invite their ideas about how to improve their own lives and the
lives of their families and community members.
Qualified
Staff
Many staff enter
the profession without adequate knowledge of current best practices,
so staff training must reflect the rapidly emerging knowledge base
across the various domains described. Without quality and regular
infusions of training on new approaches, administrators and staff
will likely devolve into use of outdated models that attempt to
"scare" youth "straight," push them to adopt
a disease model that doesn't reflect their unique perspectives,
or inadequately addresses their needs for prosocial skill building
and substance-free identity development. Structuring ways to become
regular consumers of the research in both substance abuse treatment
and juvenile justice innovations is critical to staying effective.
Gender and
Cultural Competence
The data are
staggering when noting the increase of youth of color involved in
juvenile justice systems due to an alcohol/drug-related charge.
Failing to acknowledge the unique challenges and opportunities to
building more culturally responsive service options and capacities
is essential to helping such youth get out of the system for good.
To do this, not only should the best training and infusion of culturally-relevant
best practices be adopted in substance abuse programs serving youth
of color and their families, but communities of color should invited
to dialogue about ways to combat the current trends and participate
in efforts to decrease/eliminate disproportionate representation
of youth of color in the juvenile justice system.
Additionally,
girls represent the fastest growing sub-population of youth in the
juvenile justice system today. Many of these clients have serious
substance abuse problems for which extremely limited substance abuse
and related treatment services exist. Building options for girls
that are anchored in the special strengths and perspectives of this
group must be an area of focus.
Continuing
Care
Substance abuse
treatment works best when it extends beyond a brief active intervention
phase and continues to support a youth once he/she begins to put
new alcohol and drug-free identity building skills to work following
the treatment process. This can be challenging once a youth leaves
a locked setting or the periodic monitoring of a probation officer.
Careful attention should be paid to helping such a youth find adequate
and effective supports that assist his/her newly-forming delinquency
and drug-free identity.
Treatment
Outcomes
What does it
mean to successfully address substance abuse and delinquency- A
first challenge is to reframe the question. Advocates need to help
communities understand that punishment alone is not a solution to
a public health need. Successful outcomes must be expanded and couched
in youth who are redirected, rehabilitated and reclaimed - not merely
sanctioned. Programs need to listen to the public safety concerns
of the communities in which they live-and rise to the occasion to
demonstrate how investments in treatment add a measurable value
in terms of more effective services and increases in public safety.
Now more than ever, the emphasis on evidence-based practice should
be clear and substantial. Youth and family successes should be illuminated
based on use of state-of-the-art approaches. Mechanisms for tracking
financial and public safety incentives should be encouraged.
Changing
Systems
To accomplish
what is outlined above, most juvenile justice settings will need
to push for changes systemically both within their own organizational
boundaries as well as across the rest of the youth services (education,
mental health, substance abuse treatment, child welfare, etc.) continuum.
They will need to address such barriers as scarcity of resources
for needed services and service development, "turf battles,"
confidentiality issues, lack of linkages and coordination between
agencies, slow infusion of best practices and youth/family centered
approaches. They will need to involve the community differently
to reflect the needs of these youths as a community challenge -
not merely a justice problem.
Strategic
and Shared Leadership
To change
systems, leaders must mobilize. Since the challenge is greater than
any one system's ability to correct the problems singlehandedly,
strategic and shared leadership must address the gaps and barriers
on a community-wide basis, and find the community assets that provide
the necessary change. This type of leadership includes developing
a community-wide vision of success for youths and their families
with dual challenges of substance abuse and delinquency, and attainable
action steps to change systems to support and encourage this success.
Identified leadership alliances should include not only the most
obvious-such as juvenile court judges and treatment providers-but
should extend to all relevant stakeholder groups representing both
formal and informal stakeholders in a community. A well-developed
leadership team stands ready to identify, advocate and move community
energy and attention to investment in redemptive policies and approaches
rather than punitive.
Reclaiming
Futures
In March of
2002, The Robert Wood Johnson Foundation officially funded 11 communities
nationally to begin a new generation of community demonstration
projects addressing the need to build community solutions to substance
abuse and delinquency. Putting the above described principles to
work across a variety of communities in the U.S., this five-year
demonstration initiative offers an important opportunity for systems
to reinvent their approaches, contribute to the development of best
practices for the youth in the juvenile justice system and build
sustainable systems changes and community leadership for long-term
success. To learn more about these approaches, the communities,
and other resources, please visit the Reclaiming Futures website
at www.reclaimingfutures.org
References
Bazemore, G.
& L. Nissen (2000). "Mobilizing social support and building
relationships: Broadening correctional and rehabilitative agendas."
Corrections Management Quarterly, 4 (4), 10-21.
Cocozza, J.J.
& K.R. Skowyra (2000). "Youth with mental health disorders:
Issues and emerging responses." Juvenile Justice 7 (1),
6-16.
Dennis, M.L.,
Dawud-Noursi, S., Muck, R.D., McDermitt, M. (In press). "The
need for developing and evaluating adolescent treatment models."
In S.J. Stevens & A.R. Morral (Eds.) Adolescent substance
abuse treatment in the United States: Exemplary models from a national
evaluation study. Binghamton, NY: Haworth Press.
Dennis, M.L.
& McGeary, K.A. (1999). "Adolescent alcohol and marijuana
treatment: Kids need it now." TIE Communique (pp. 10-12).
Rockville, MD: Substance Abuse and Mental Health Service Administration,
Center for Substance Abuse Treatment.
DiIulio, J.J.
& J. Baldwin Grossman (1997). "Youth crime and substance
abuse: Act-now strategies for saving at-risk children." Philadelphia,
PA: Public/Private Ventures.
Nissen, L.B.,
J. Vanderburg, J.Embree-Bever, J. Mankey (1999). " Strategies
for integrating substance abuse treatment in the juvenile justice
system: A practice guide." Washington, DC: Center for Substance
Abuse Treatment.
Schiraldi, V.,
B. Holman and P. Beatty (2000). "Poor prescription: The costs
of imprisoning drug offenders in the United States." Washington,
DC: Justice Policy Institute.
Substance Abuse
and Mental Health Services Administration (1997). " Substance
Abuse Treatment in Adult and Juvenile Correctional Facilities."
Findings from the Uniform Facility Data Set, 1997 Survey of Correctional
Facilities. Washington, DC: SAMSHA.
Torbet, P. (1999).
"Holding juvenile offenders accountable: Programming needs
of juvenile probation departments." Pittsburgh, PA: National
Center for Juvenile Justice.
U.S. Dept. of
Justice, Office of Juvenile Justice and Delinquency Prevention (1999).
"Juvenile offenders and victims: 1999 national report."
Washington, DC: U.S. Department of Justice.
VanderWaal,
C.J., McBride, D.C., Terry-McElrath, Y.M., VanBuren, H. (2001).
"Breaking the juvenile drug-crime cycle: A guide for practitioners
and policymakers." Washington, DC: National Institute of Justice.
Key Policy Recommendations Regarding Substance Abuse in the
Juvenile Justice System
1. Federal and
state governments, foundations and other organizations with national
influence should increase their leadership roles in educating the
public and policymakers about the relationship between substance
abuse and juvenile delinquency, as well as evidence-based methods
of interrupting this destructive cycle. Advocates should continue
efforts to redirect trends from primarily punitive strategies to
more redemptive approaches that include family, cultural and community-based
orientations.
2. While increases
in evidence would be desirable, the recent "renaissance"
in research regarding effective substance abuse treatment is sufficient
to reinforce and retool existing service delivery systems and raise
the standard of care for youths with substance abuse problems in
the juvenile justice system.
3. The shortage
of substance abuse treatment for this group should be discussed
as a public health crisis in which known services that can increase
both public health and public safety are not being deployed adequately.
4. Improvements
and dissemination of clinical advances should be balanced with evidence
that retooling systems of care to increase their coordination, cross-system
communication and integrated care plans is equally essential to
improving youth and family outcomes.
5. More opportunities
for synergy should be encouraged between advances in efforts to
address substance abuse in the juvenile justice system with other
juvenile justice reforms such as disproportionate minority confinement
reduction, detention reform, attention to co-occurring mental health
disorders, and creation of balanced and restorative justice models.
6. Attention
to the substance abuse treatment needs of youths not yet in the
juvenile justice system should continue to remain a priority-and
treatment on demand should remain a goal for this group among others.
To do otherwise is to indirectly contribute to the practice of net-widening
in which youths (especially those in the public sector) end up in
the juvenile justice system to access a treatment resource better
deployed outside of a confined setting.
Strength-Based Bill of Rights for Youth in the Juvenile Justice
System
1. I have the
right to be viewed as a person capable of changing, growing and
becoming positively connected to my community no matter what types
of delinquent behavior I have committed.
2. I have a right to participation in the selection of services
that build on my strengths.
3. I have a right to contribute things I am good at and other strengths
in all assessment and diagnostic processes.
4. I have a right to have my resistance viewed as a message that
the wrong approach may be being used with me.
5. I have the right to learn from my mistakes and to have support
to learn that mistakes don't mean failure. I have the right to view
past maladaptive or antisocial behaviors as a lack of skills that
I can acquire to change my life for the better.
6. I have the right to experience success and to have support connecting
previous successes to future goals.
7. I have the right to have my culture included as a strength and
services which honor and respect my cultural beliefs.
8. I have the right to have my gender issues recognized as a source
of strength in my identity.
9. I have the right to be assured that all written and oral, formal
and informal communications about me include my strengths as well
as needs.
10. I have a right to surpass any treatment goals which have been
set too low for me, or to have treatment goals which are different
than those generally applied to all youth in the juvenile justice
system.
11. I have a right to be served by professionals who view youth
positively, and understand that motivating me is related to successfully
accessing my strengths.
12. I have a right to have my family involved in my experience in
the juvenile justice system in a way that acknowledges and supports
our strengths as well as needs.
I have a right to stay connected to my family no matter what types
of challenges we face.
13. I have the right to be viewed and treated as more than a statistic,
stereotype, risk score, diagnosis, label or pathology unit.
14. I have a right to a future free of institutional or systems
involvement and to services which most centrally and positively
focus on my successful transition from institutions.
15. I have the right to service providers who coordinate their efforts
and who share a united philosophy that the key to my success is
through my strengths.
16. I have the right to exercise my developmental tasks as an adolescent;
to try out new identities; to learn to be accountable and say I'm
sorry for the harm I've caused others - all of which is made even
more difficult if I'm labeled a "bad kid."
17. I have the right to be viewed and treated as a redeemable resource
and a potential leader and success of the future.
Developed by
Laura Burney Nissen, Ph.D., MSW, CAC III, 1998 |