Wisconsin Juvenile Justice Practice Model Developed by the Wisconsin Juvenile Justice Network WISCONSIN JUVENILE JUSTICE PRACTICE MODEL 1 By the Wisconsin Juvenile Justice Network (www.wisjjn.org) The preparation of this document was supported by the John D. and Catherine T. MacArthur Foundation. June 2015 This work is protected by a Creative Commons Attribution-Non-Commercial 4.0 International License. MacArthur Foundation The John D. and Catherine T. MacArthur Foundation supports creative people and effective institutions committed to building a more just, verdant and peaceful world. More information is available at www.macfound.org Models for Change Models for Change: Systems Reform in Juvenile Justice supports rational, fair, effective and developmentally sound responses that hold justice-involved youth accountable while improving outcomes for kids and communities. The Resource Center Partnership, currently the leading edge of Models for Change work, provides practitioners and policymakers with technical assistance, trainings, tools, and resources, and is anchored by four national Resource Centers focused on key areas of reform: mental health, dual status youth, status offenses, and juvenile defense. More information is available at www.modelsforchange.net. 2 WISCONSIN JUVENILE JUSTICE PRACTICE MODEL Introduction The Wisconsin Juvenile Justice Practice Model identifies the purpose, values and principles, and strategies necessary to promote positive youth development, while addressing the need for accountability and community safety. It provides a common and consistent platform to guide mutual efforts at the local level, ensuring all youth and families receive effective and responsive intervention, no matter where they live in Wisconsin. It outlines the values and principles that guide practice, and identifies strategies to achieve desired outcomes. Wisconsin’s juvenile justice system consists of people in 72 counties working to help youth and their families every day. Across the state, there is a desire for more consistency, more guidance, and more collaboration to achieve better outcomes for the youth and families who come into contact with the juvenile justice system. The Wisconsin Juvenile Justice Network (WJJN) was established as part of the next step of “What Works Wisconsin.” The WJJN is a collaborative effort among juvenile justice practitioners and key advocacy and community stakeholders, with the purpose of promoting, supporting, and advancing effective practice in working with youth and their families who are in or at risk of involvement in the juvenile justice system. One component of this effort is the development of this Juvenile Justice Practice Model. This Practice Model is the product of input from juvenile justice practitioners and stakeholders from across Wisconsin, gathered through focus groups, meetings, calls, and an online survey. In all, the views of hundreds of people from almost 60 counties went into the development of this Practice Model. This breadth of input came from judges, division managers, supervisors, case workers, law enforcement, service providers, community partners, tribes, mentors, district attorneys, public defenders, schools, youth and their families, and many more. Common themes arose, and the Practice Model reflects a general consensus on how the juvenile justice system should operate in order to achieve positive outcomes. This Practice Model also builds on the wealth of knowledge, locally and nationally, with respect to best practices. There is now a significant body of research on adolescents’ capacity to change, the ineffectiveness of a punitive approach to juvenile delinquency, and the effectiveness of strength-‐based, family-‐focused, and trauma-‐informed approaches. The United States Supreme Court, in the 2012 decision in Miller v. Alabama, recognized adolescents’ “diminished culpability and heightened capacity for change.” In 2013, the National Academies of Science similarly concluded: “adolescents clearly differ from adults in crucial ways that suggest the need for a different response from the justice system.” Wisconsin’s Juvenile Justice Code, Chapter 938, recognizes the need to develop youth competency, while addressing the need for WISCONSIN JUVENILE JUSTICE PRACTICE MODEL 3 accountability and community safety. It is intended “to promote a juvenile justice system capable of dealing with the problem of juvenile delinquency, a system which will protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively.” The Practice Model builds on these principles. Used as a guide in day-‐to-‐day practice and system level decision-‐ making, it should lead to positive outcomes for youth, families, and the community. 4 Acknowledgements The most critical source material for this Practice Model came from the input of hundreds of people who participated in some form in its development. It is truly rooted in the experiences and perspectives of juvenile justice practitioners and stakeholders in Wisconsin. This input was gathered largely through focus groups, meetings, and through a statewide online survey. In all, approximately 400 people from almost 60 counties generously gave of their time to provide their input. This included judges, division managers, supervisors, caseworkers, law enforcement, service providers, community partners, tribes, mentors, district attorneys, public defenders, schools, youth and their families, and many more. The practice model also draws from existing resources. The key resources from which it draws include: Wisconsin Department of Children and Families Practice Model, the What Works Wisconsin initiative, Pennsylvania’s Juvenile Justice System Enhancement Strategy (2012), Minnesota’s Blueprint for Reform (2008), Cook County’s Commitment to Improvements in the Juvenile Justice System (2012), NIC Framework for Evidence Based Decision Making (2010), Balanced and Restorative Justice materials, Positive Youth Development materials, the many materials produced through the Models for Change initiative, and many other resources. The Wisconsin Juvenile Justice Network’s website (wisjjn.org) is a source for links to these and many other juvenile justice resources, as well as a forum for counties in Wisconsin to collaborate in their efforts. WISCONSIN JUVENILE JUSTICE PRACTICE MODEL Practice Model at a Glance Purpose (page 6) The overarching purpose of the Wisconsin juvenile justice system is to secure positive and consistent outcomes for youth by building youth skills for living responsible and productive lives, engaging and strengthening families, addressing the need for offender accountability, and providing for community safety. • • • • • • • • Values and Principles (pages 6-‐9) Strength-‐Based Family-‐Focused Trauma-‐Informed Evidence-‐Based Collaborative Focused on Evaluation and Improvement Fair and Equitable Engaged with the Community Practice Level Strategies (pages 9-‐11) • Build Youth Competency • Engage Families • Assess Strengths, Needs, and Risk • Advocate for Youth System Level Strategies (pages 11-‐16) • Implement Evidence-‐Based and Trauma-‐Informed Practices • Collaborate • Evaluate and Improve Systems • Improve Fairness and Equity • Develop Community Resources • Develop and Support a Skilled Juvenile Justice Workforce • Utilize Diversion and Early Intervention Strategies • Hold Youth Accountable • Promote Community Safety Outcomes (pages 17-‐18) • Competency Development • Accountability • Community Safety Purpose The overarching purpose of the Wisconsin juvenile justice system is to secure positive and consistent outcomes for youth by building youth skills for living responsible and productive lives, engaging and strengthening families, addressing the need for offender accountability, and providing for community safety. Values & Principles Strength-‐Based: A strength-‐based approach best serves youth in the juvenile justice system. § § § Youth are best served when their unique capacity for change is recognized and valued. All youth need support and guidance in the process of developing the attributes, skills, and relationships related to healthy, productive, and satisfying outcomes in adulthood, even when they make mistakes. During this critical stage of development, it is particularly appropriate to focus on strengths. Meaningful engagement sets the tone for accommodating, transparent, beneficial, and respectful interactions during every stage of juvenile justice system involvement to build trust and commitment to the change process. Every contact with a youth is an opportunity for engagement. Youth are best served when the focus is on helping them attain positive outcomes rather than avoiding negative outcomes, and on their strengths rather than their deficits. This approach requires a focus on youths’ acquisition of developmental assets. Family-‐Focused: A family-‐focused approach best serves youth in the juvenile justice system and their families. § § 6 Behavior change efforts must include a youth’s family because family is integral to helping youth develop competencies, move through needed restorative actions, and learn accountability. Family involvement is also essential because parents and caregivers play a crucial role in facilitating adolescents’ development and their transition to adulthood. Meaningful engagement, beginning with the first encounter with the family, sets the tone for accommodating, transparent, beneficial, and respectful interactions during every stage of juvenile justice system involvement to build trust and commitment to the change process. WISCONSIN JUVENILE JUSTICE PRACTICE MODEL Trauma-‐Informed: An effective system understands and addresses the impact of trauma on youth and families. § § Evidence-‐Based: An effective system incorporates research relevant to adolescent development and brain development, and utilizes evidence-‐based and promising programs and practices. § § An effective juvenile justice system recognizes the developmental differences between youth and adults and incorporates practices that acknowledge and support normative adolescent development, allowing for an appropriate range of responses to delinquency that move youth towards pro-‐social behavior. Daily practices are most effective when they incorporate research on adolescent cognitive, emotional, physical, and behavioral development and research on which prevention and intervention practices and programs work best to decrease recidivism and promote competency. Collaborative: Systems must work collaboratively to meet the needs of youth and their families. § § § An effective juvenile justice system understands trauma, its impact on youth and families, and its relationship to delinquency, and provides services and supports that prevent, address, and ameliorate the impact of trauma. Daily practices are most effective when they include trauma-‐informed practices that support social, emotional, physical, and mental health, successful community reentry, and resilience. The juvenile justice system works best when there is an understanding of the roles and responsibilities of all system partners, ongoing communication, and appropriate, purposeful information sharing. Youth and families are best served when system partners work toward a joint goal of positive youth and family outcomes, develop a framework for collaboration, and take joint responsibility for the well being of youth and families. Youth and their families deserve a coordinated, collaborative approach to identifying a lead program or agency and supportive services to best meet their needs. Focused on Evaluation and Improvement: The juvenile justice system must engage in continuous evaluation and improvement efforts and be transparent and accountable. § The Wisconsin juvenile justice system is responsible to youth, families, and other stakeholders to hold itself accountable to the highest standards of practice, assess and manage performance, and evaluate and enhance its ability to achieve positive outcomes through continuous improvement efforts. § The system can best serve its purpose when resources are allocated based on research and in accordance with system values and principles, and are managed efficiently and transparently, in good stewardship of the public trust. § Practice, service delivery, and performance must be easily understood and open to feedback from youth, families, and stakeholders. § Comprehensive, cost-‐effective data collection systems are critical to helping the system measure outcomes, track disparities, and develop strategies for improvement. Fair and Equitable: All youth and families must be treated fairly and equitably at all levels and points of contact with the Wisconsin juvenile justice system. § Cultural responsiveness is fundamental to positive youth change and is achieved through understanding and serving youth and families within the context of each unique family and community. This includes, but is not limited to, youths’ and families’ beliefs, values, gender, race, ethnicity, sexual orientation, gender identity, history, culture, religion and language. This also includes respect for tribal cultural traditions, worldviews, and values and consideration of state and federal laws that apply to tribal youth. § Reducing racial and ethnic biases and disparities where they exist at an individual, organizational, or institutional level, is imperative. Engaged with the Community: Raising awareness and empathy for youth and their families involved in the juvenile justice system will increase youths’ sense of value to their community and the community’s commitment to all youth. § Reaching out to the community about the purpose and role of the juvenile justice system increases community support for its efforts and for the youth and families it serves. 8 WISCONSIN JUVENILE JUSTICE PRACTICE MODEL § § Collective concern and responsibility for all youth in the community are important for increasing protective factors, including a sense of belonging and value to the community, as well as improving the range of available interventions. Recognizing the interests of everyone impacted by juvenile delinquency – victims, youth, families, and the community – and building empathy for all involved strengthens the community and increases long-‐term safety. This includes building a common understanding of the root causes of juvenile delinquency, appealing to the general belief in people’s ability to change, the importance of recovery from traumatic events (for both victims and offenders), and the belief that mistakes should not condemn a young person for the rest of his or her life. Practice Level Strategies Build Youth Competency § § § § Approach youth in a respectful manner from the first “Allowing kids to be contact by actively listening, involving them in decision-‐making and case planning, and allowing them involved in case planning and h elping them to make choices. understand the reasons for the conditions and Help youth prepare for treatment, keep them engaged, rules of supervision is so and encourage pro-‐social attitudes and behavior by important for encouraging using strength-‐based approaches such as motivational kids to avoid future bad interviewing, rewards, incentives, and strategic decisions and behavior.” graduated responses. The use of incentives and -‐ Online Survey response positive reinforcement are effective in promoting behavioral change. Use behavioral and cognitive behavioral techniques (such as skill-‐streaming, practicing, cognitive restructuring, and behavior chains) to help youth learn thinking patterns, skills, and behaviors that can reduce their risk of recidivism. Use techniques that help youth build developmental assets in the two core areas of learning/doing and attaching/belonging. Work with youth to develop clear goals related to skills to be learned and how achieving those goals will lead to a successful exit from supervision. Review progress toward those goals regularly, helping youth assess their progress along the way. § § Assist in connecting each youth to an adult who is a consistent role model and committed to the youth, whether by nurturing an existing relationship or connecting the youth with a mentor. For tribal youth, engage tribes by providing them notice and including them in case planning and decision-‐ making. Ensure that supervisors and caseworkers are knowledgeable about the application of state and federal laws to cases involving tribal youth and follow those laws when they apply. “It is important to find other natural supports and caring adults for kids whose families are not as supportive. Kids need to know that when supervision ends that they h ave someone they can go to for help and support.” -‐ Online s urvey response Engage Families § § § § § § 10 From the first contact, actively listen to families and involve them in decision-‐making, looking for opportunities to engage them in their own environments. Support the ability of families to assist youth as they learn pro-‐social values, attitudes, beliefs, and skills. An effective mantra for working with families is: support, empower, educate, and hold accountable. This may include use of approaches such as evidence-‐based in-‐home therapies and giving the family choices while offering incentives for engagement. When needed, facilitate families’ access to information and supports that help them understand adolescent brain development and parenting approaches that foster healthy, safe behaviors. By including the family at this level, the system reinforces that families are ultimately responsible for their children. Educate families on how their behavior and choices impact “I cannot emphasize enough the importance their youth, in addition to how the youths’ behavior of engaging and impacts them. The juvenile justice system should also be preserving families. Kids aware of how its involvement impacts the family system. cannot succeed without someone to love them, Some families may need very concrete assistance with and it is very hard to some of the routine activities of daily living in order for replicate the love of a them to better support their youth. In these situations it is family.” -‐ Online s urvey response important to assist families in accessing the necessary resources. WISCONSIN JUVENILE JUSTICE PRACTICE MODEL § Assess Strengths, Needs, and Risk § Assess each youth’s level of risk to reoffend and each youth’s and family’s needs and strengths using structured decision-‐making in combination with professional judgment to guide the type and intensity of services provided. § Use validated screening and assessment tools and methodologies to guide key decisions throughout the juvenile justice process, including arrest, referral, diversion, detention, disposition, post-‐disposition, and re-‐entry. § In using these screenings and assessments, draw on the collective knowledge and wisdom of all who work with the youth and family to create a shared comprehensive understanding of the youth’s and family’s strengths, needs, and risks. Consider the effect of caregiver trauma on parenting practices. Partner with families to reduce the potential traumatic experience of involvement in the juvenile justice system. Advocate for Youth § § Work with all other systems and providers serving the youth (e.g., schools, child protective services, mental health, AODA, etc.) to collaborate and support a positive path to success. Advocate for youth to get the services they need by recognizing individual or group needs, providing intervention on behalf of an individual or group, communicating youth needs to decision makers, and ultimately ensuring access to a needed service or resource. What is m ost likely to help you not re-‐offend? “Treatment, family, friends, and people who actually care about us, and treat us like we are worth something rather than treating us like we’re worth nothing.” -‐ 15-‐year-‐old youth System Level Strategies Implement Evidence-‐Based and Trauma-‐Informed Practices § Choose and implement programming and services that utilize evidence-‐based and research-‐based strategies, and promising practices. Focus on fidelity when implementing these programs and services. § Choose and implement practices that prevent, address, and ameliorate the impact of trauma. § Share successes and failures in the use of programs, practices, and strategies among counties, state agencies, and other providers in order to promote consistent, high-‐ quality service availability across the system. § Make ongoing efforts to ensure that updates to research are incorporated into practice. This includes staying up to date on research and regularly reviewing practices, programming, and services to ensure that they incorporate the most current research. § Ensure that key decision makers and stakeholders are well versed in evidence-‐based programs, promising programs, research-‐based practices, and the inclusion of evidence-‐ based principles into practice. Collaborate § § § § Develop proactive, positive, and trusting relationships with system partners, including schools, child welfare agencies, mental health providers, law enforcement, district attorneys, public defenders, and courts, to facilitate working collectively toward achieving desired outcomes in each youth’s case. These relationships require regular and open communication and the consistent participation of key decision makers. Develop definitive policies about information sharing with “To be effective, we system partners, as well as statewide information systems need more seamless collaboration with that facilitate information sharing while maintaining schools, human appropriate confidentiality and privacy. services, mental Ensure that all system partners have a basic understanding health providers, law enforcement, and of the various roles, purposes, and approaches of each community partner, whether through cross-‐system training or resources.” personal relationships or both. This may include sharing -‐ Online s urvey information about research on adolescent development response and the purpose behind and use of evidence-‐based programs and practices and trauma-‐informed practices. Coordinate case planning across systems to promote continuity of care, appropriate use of interventions, and efficient allocation of resources. 12 WISCONSIN JUVENILE JUSTICE PRACTICE MODEL § Work with system partners toward developing a community response to delinquency that includes access to services through schools, child welfare agencies, mental health providers, and others, without respect to which system is first involved with the family. § Promote efficient and effective juvenile delinquency proceedings. Work collaboratively with court system partners to ensure that the best available and most relevant information is used to guide development of the case plan. Work with the court system to ensure that court proceedings occur within a trauma-‐informed framework. Evaluate and Improve Systems § § § Use quality assurance efforts to support continual program and service improvement, not just data reporting. Use data to provide feedback and make adjustments. § Work toward consistency in defining and measuring data elements across jurisdictions and across systems. Routinely measure and document key indicators, using quantitative and qualitative data, that inform individual staff members, juvenile justice agencies, and other system partners whether programs and services are being implemented with sufficient quality and whether practice aligns with the purpose, values and principles, and desired outcomes of the system. Make data collection user-‐friendly and integrated into daily work, instead of a separate task that may be seen as detracting from work with youth and families. Improve Fairness and Equity § § § § § Develop a multi-‐faceted approach to documenting and addressing disparities, including racial, ethnic, tribal, gender, and LGBT disparities. Collect disaggregated data to determine if and where disparities exist and make the data available to the general public. Analyze youth points of contact with the system to determine if and where there are disparities. Revise policies and practices that contribute to disparate outcomes. Use validated screening and assessment tools and methodologies, including by training staff in the proper use of these tools, to eliminate implicit bias from decision-‐making. Identify and disseminate best practices used throughout the country to successfully eliminate or reduce disparities. § Communicate and collaborate with system partners at all key decision points to develop strategies to reduce disparities throughout the juvenile justice system. Recognize that what works at one key decision point may not work at others. Develop Community Resources § § Work with communities to identify, plan, and improve community options – particularly prevention and early intervention services, and evidence-‐based programs – for youth and families who seek or require services. Ensure such services are accessible, culturally responsive, trauma-‐informed, and meet the unique needs of children and families in all areas of the state. Work to expand a community-‐based service array that extends beyond the age of juvenile court involvement and beyond court status, so that youth can continue to access needed services without the need for a court order. § § Use creative strategies to develop a broader base of mentors and other volunteers in the community who can support youth, while paying attention to individual youth needs in matching youth with mentors and other resources. Pursue public and private partnerships to enhance the system’s ability to serve youth and families. Develop and Support a Skilled Juvenile Justice Workforce § Recruit, select, train, support, and retain professionals who are committed to serving the purpose of the juvenile justice system and upholding its values and principles in daily practice. § Maintain workloads at a level that permits practice consistent with this Practice Model, and that is in accord with reasonable expectations and standards. § Establish an overall professional development system that provides an array of supportive staff development services, including training, supervision, and coaching. § Provide initial and ongoing training for case workers and supervisors in core areas, including assessment, the principles of evidence-‐based and trauma-‐informed practices and cognitive behavioral interventions, how to use core 14 WISCONSIN JUVENILE JUSTICE PRACTICE MODEL What gives you hope for the future? “The staff that work with me understand me and what I did. They can help me learn to do different things.” -‐ 17-‐year-‐old youth correctional practices to target criminogenic needs, and how to work with families to help them support youth change. § Utilize Diversion and Early Intervention Strategies § § Identify at first contact those youth whose involvement in the system is a result of untreated mental health, trauma, and/or AODA issues and provide access to treatment to eliminate their further involvement in the juvenile justice system. § Develop alternative, expedient gateways to services in the community so that youth do not have to enter the juvenile justice system in order to access needed services. Hold Youth Accountable § § § Look for opportunities to use diversion, early intervention, and alternative response strategies at key decision points, with the goal of diverting youth from formal court processing in order to avoid the negative long-‐term consequences of an adjudication of delinquency. View status offenses in the context of normal adolescent development and respond accordingly. Acknowledge that status offenses are often symptomatic of underlying personal, familial, community, and systemic issues, as well as other, often complex, unmet, and unaddressed needs that may be best served outside the juvenile justice system. § Prioritize the physical, mental, and emotional well being of all staff. Specifically, acknowledge and address secondary trauma. Encourage and support youth to accept responsibility for their offenses and make amends to victims and communities. What gives you Include victims in restorative practices whenever possible hope for the (while avoiding any potential re-‐traumatization of victims), future? through approaches such as victim-‐offender conferencing, “Family and restorative circles, or victim impact panels. forgiveness.” -‐ 12-‐year-‐old Promote opportunities for youth to be engaged in meaningful youth community service and other pro-‐social activities that “give back” to the community while at the same time teaching youth a range of pro-‐social skills. Promote Community Safety § § § All people in Wisconsin deserve to live in a safe community. Response to juvenile crime should serve this goal, while not being more punitive than necessary. A focus on community safety requires not only a focus on short-‐term external control of individual youth offenders but also equal attention to long-‐term safety by working with adults and youth to change behavior. Establishing and maintaining a place of value for youth in the community that creates an incentive for abiding by the norms of the community increases long-‐term community safety. Match the intensity of supervision and treatment programs to each youth’s risk level, with higher doses, lengths, and intensities applied to higher risk youth, and using minimal intervention with low-‐risk youth. § Acknowledge that detention and supervision have the potential to negatively impact youth when not appropriately combined with treatment interventions. Accordingly, use secure placements only when appropriate for the level of risk the youth presents to the community, and only for as long as needed to help safely return a youth to the community. Ensure appropriate treatment services are provided during any period of secure placement. § Protect youths’ rights throughout the juvenile justice process. If youth are confined, ensure they have safe conditions of confinement, free from all forms of abuse, and receive quality trauma-‐informed care, needed mental health and rehabilitative treatment services, as well as educational and vocational programming. 16 WISCONSIN JUVENILE JUSTICE PRACTICE MODEL Outcomes Competency Development: Youth will exit the juvenile justice system with the skills needed to live responsible and productive lives, and families will have the skills to support them. Accountability: Youth will exit the juvenile justice system with an understanding of the harm caused to any victims and the community by their behavior, and will have actively participated in repairing the harm done and rebuilding relationships in the community. Community Safety: Youth will exit the juvenile system capable of making pro-‐social, law-‐ abiding decisions and motivated to do so, and families will have the skills to support them. The Relationship Between These Outcomes The three broad outcomes are to a large extent interdependent. For example, as youth gain competencies, their capacity to form pro-‐social relationships improves, and community safety improves. Some of the most effective interventions and strategies will serve multiple outcomes, and using this framework may help local systems select the ones likely to have maximum impact. For example, a “service learning” community service strategy can address accountability (repairing harm), as well as community safety (promoting long-‐term pro-‐social relationships in the community), and competency development (skills learned through service). Regarding Measurement of Outcomes In addition to these broadly framed Outcomes, this Practice Model explicitly values measuring and documenting key indicators, using quantitative and qualitative data, to measure outcomes, to support continual improvement, and to enhance system transparency and accountability. To live up to this this value, working towards consistency in defining and measuring data elements across jurisdictions and across systems is essential. While the Practice Model does not recommend specific indicators to be used to measure outcomes across the state, it should provide a structure for taking this next step. To that end, following is a list of what an effective juvenile justice system could measure under each Outcome area: Competency Development • Acquisition of developmental assets in the two core areas of learning/doing and attaching/belonging • Acquisition of pro-‐social thinking patterns, skills, and behaviors • Involvement in pro-‐social activities • Meeting or on track to meet educational and/or employment goals • Connection with an adult in the community who is a positive and consistent role model and committed to the youth • Desired changes in family relationships • Family acquisition of skills to help them support pro-‐social, law-‐abiding youth decision making Accountability • Completion of community service • Completion of restorative practices • Actions taken to repair harm to victims • Victim satisfaction Community Safety • Reduced recidivism • No involvement in the adult criminal justice system 18 WISCONSIN JUVENILE JUSTICE PRACTICE MODEL Developed by the Wisconsin Juvenile Justice Network www.wisjjn.org June 2015 This work is protected by a Creative Commons Attribution-Non-Commercial 4.0 International License. 20 WISCONSIN JUVENILE JUSTICE PRACTICE MODEL
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