Supervision considerations
While each youth you are working with should be treated as an individual, there are subpopulations of youth with shared experiences and may require specific considerations
While each youth you are working with should be treated as an individual, there are subpopulations of youth with shared experiences and may require specific considerations
Effective, developmentally appropriate case management practices that promote well-being require juvenile probation officers to approach each case with the understanding that each youth has a unique set of strengths and needs and that these characteristics should set the foundation for individualized service provision.
Considering the foundational goal of community supervision is to protect the community while promoting positive behavior change for the youth, it is imperative that case management practices be individualized and collaborative.
There is a wealth of guidance for effective case management practice including Probation Case Management Essentials for Youth in Placement and a Tip Sheet for youth in Juvenile Drug Court Programs, to name a couple. General guidance includes:
A primary factor in effective interventions is building constructive relationships with the youth and their families. In order to engage youth and families, it is important to treat them with respect and work to establish a mutual understanding of what the term of probation will result in.
Tips for engaging youth and families include:
For those youth that have specific needs, it is especially important to connect to connect to services that are trained in these specific areas. This can include things like trauma and ACEs as well. By using motivational interviewing, which helps build a rapport with families, you can identify youth that have needs beyond your abilities and refer to services that you know can help. This technique can also help you identify strengths to focus on.
While treating the specific needs outlined in the sections below, don’t forget that these youth still need services and approaches that are centered around the principles of adolescent brain development, as well as those that focus on specific needs.
While each youth you are working with should be treated as an individual, there are subpopulations of youth with shared experiences and may require specific considerations.
The categorization of these subpopulations should not be used as a sole identifier for any youth or group.
Youth that have contact with the juvenile justice system as a result of serious, violent, or chronic offenses are few in number but are likely to be in a probation officer’s care. Many researchers characterize “serious” offenses as those in the FBI’s Crime Index (murder, forcible rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft, and arson) and “violent” offenses as those in the Violent Crime Index (the first four of those listed). “Chronic” offending has been characterized as a certain number of offenses (5 or more) or a certain probability of reoffending. Because of the nature and seriousness of violent offenses, youth involved in these cases require special approaches.
Youth that have contact with the juvenile justice system for Index Offenses are usually around the age of 14, but these individuals are likely to have started showing signs of behavior issues around age 7 and serious delinquency by around age 12.[3] This means that there may be a history that is not a part of court documents that is important to address as a part of supervision programming. Prevention for these youth is difficult because there is no single predictor of whether or not these youth will reoffend or offend violently.[4]
The risk of reoffending for youth that commit serious and violent offenses is high following the months and years of an offense, but there is usually a steep decline in the risk of reoffending once the youth enters into early adulthood.[5] Those youth that have multiple offenses are likely to have a higher rate of reoffending and are likely to have a high reoffending risk as they approach adulthood, causing entrance into the adult criminal justice system.[6]
The most effective programs are those that utilize CBT, teach interpersonal training, and target families.[10][11] Listed below are some of the programs found to be effective for reducing recidivism in youth that commit violent offenses and those who chronically offend:
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Every person’s mental health affects how they think, understand and express their emotions, handle stress, relate to others and their community, and make decisions.[23] When someone experiences a mental health issue, it can reduce their ability to function within the rules of society. Many studies have indicated a large portion of youth in the juvenile justice system have a diagnosable mental health disorder.[24][25][26] Sometimes mental health issues can be a contributing factor when youth engage in behaviors that could require intervention from the juvenile justice system. Some youth who experience mental health issues commit crimes, but not all youth who commit crimes experience mental health issues.
A validated mental health screening is an important part of an intake process, detention decision-making, pre-disposition reporting, and case planning. Whenever possible, youth with identified mental health needs should be diverted into community-based programs that will address their underlying problems. Access to treatment services and positive social supports are vital to addressing mental health needs.[27]
A validated screening tool should be administered to all youth on community supervision. If the screen indicates a need, you should refer the youth to a treatment provided to ensure the youth is formally assessed using a validated mental health assessment by a licensed professional to determine a diagnosis and the level of care needed.
For youth who have mental health needs, it is important to coordinate with their treatment team to assist youth in achieving both their treatment and supervision goals.[28]
“I have a youth that has been formally diagnosed with Fetal Alcohol Encephalophagy, which is in the Fetal Alcohol Syndrome family. He has organic brain damage that impacts his ability to process information, manage emotions and control his impulses. This youth additionally experienced post traumatic stress disorder, autism spectrum disorder with accompanying intellectual impairments (learning disorders and working memory deficits), and borderline intellectual functioning. He was arrested on a charge of assault in the second degree, which with no criminal history still required commitment of 15–36 weeks in the institution if it was adjudicated as charged. It should be noted that no other parties were physically hurt, and the youth’s intentions during the incident were to harm himself and no one else. He was not brought to the hospital by law enforcement as he requested, but to detention, where because of the charge, he was required to stay until his court hearing at minimum. The youth had a suicidal incident in detention and was placed on watch before later being removed when his emotions passed.
He was evaluated for competency and found to competent. A deal was ultimately reached and the youth man plead guilty to a charge of assault 3 and was granted a deferred which allows him to have the charge removed from his record if he follows probation rules. The stated wanted 12 months of supervision because of the serious nature of the original charge. I initially advocated for no supervision as the young man is receiving mental health treatment services which is what he needs now and for his future. There are very minimal programs probation can offer the young man as well because of his cognitive impairments. The young man was ultimately ordered 4 months of supervision on his Deferred.
It may appear on surface that the youth prevailed in the at he did not go to the institution and received far less probation time than what the state had wanted. However, this young man did not need probation. He is not a criminal. He is a young man that struggles with mental health and behavioral challenges because of organic brain complications that he can’t control and didn’t choose. By ordering this young man to probation we have criminalized his mental health. Furthermore, he is now at risk for further entrenchment by being involved and supervised by our system. Now that the court has oversight, he can receive violations for behavior related to his mental health and could potentially lose the Deferred which would result in a felony assault conviction on his record, which will be a detriment to his already complicated and challenging future.
This type of case is unfortunately not all that uncommon. I have supervised many youth with cognitive delays and severe mental health challenges that have been ordered probation, when really they need increased mental health support and treatment and it almost always results in increased contact with the court, increased time in detention and criminal history.”—Probation Administrator, Washington
Research indicates that a set of dynamic risk factors are consistently associated with youth substance use.[29] These factors include individual perception of substance use, emotional problems, and social skill deficits along with limited adult supervision, inconsistent discipline, and substance using peers.
It is vital to understand that not all substance use constitutes a disorder that requires intervention. Adolescence is a time of exploration and that includes the use of marijuana and alcohol. However, some substance use by youth is more problematic, meaning it is consistent and interferes with their life (e.g., further involvement with the justice system, school-related failures, etc.).
Screening, assessments, and interviews with youth on community supervision will help to identify if a youth has a history of or is currently using drugs or alcohol. Youth should be screened to determine if there is need for further assessment. And when indicated as necessary, an assessment designed to identify a substance use disorder should be administered by a treatment provider to assist in determining the level of care needed. For each youth on community supervision, needs assessments should include information on their: use of substances, criminogenic needs, mental health needs, protective factors, strengths, familial drug use disorders, and other familial needs.[30] If a substance use disorder has been identified as a risk area, you should take steps to have the youth formally assessed using a valid substance use assessment to determine a diagnosis and the level of care needed.
Education is an important part of a youth’s day to day life. School connectedness is a protective factor, promoting successful life outcomes for youth and buffering against negative influences. Some youth require additional learning support in the classroom, including behavioral and emotional supports. Not all youth who need these supports will be diagnosed before you meet them and their learning needs may not be being addressed. It is important to be familiar with common symptoms or indicators that may help you identify the need for further screening which can lead to their needs being addressed. JPOs are not responsible for diagnosing these needs, but it is important for probation officers to understand what learning or developmental needs a youth has to be sure that interventions are the supervision plan are reasonable considering the youth’s abilities and to ensure that accommodations are provided if necessary.
There are practical methods a probation officer can use when supervising youth in need of learning supports:[32]
Youth that are or have been involved in both the child welfare system and the juvenile justice system are referred to as dual status youth. These youth have a specific set of needs because they are not only dealing with challenges related to delinquency, but also problems associated with child maltreatment. Research in jurisdictions across the country has found that between half and three-quarters of the youth that are referred to juvenile courts have had some contact with the child welfare system. Youth that have been or are currently involved in the child welfare system are much more likely to become involved with the juvenile justice system than youth not involved in child welfare and they are more likely to become involved at a young age. Because of this, these youth are more likely to engage in more serious behaviors.[36][37] This poses a unique challenge for probation officers in jurisdictions where there is not a collaborative relationship between the juvenile justice and child welfare systems.[38]
Common challenges of multi-system collaboration can include things such as:[39]
Some ways you can overcome dual system case challenges include:[40]
If you feel like changes need to be made that are beyond your purview, meet with your supervisor/administration and be a catalyst for that change. Here are some ways that your organization should be collaborating with the child welfare system:[44]
Dual system youth often face adverse trajectories compared to youth on probation that do not have cross-system involvement. They can also present serious cost, resource, and workload challenges. Effective intervention is possible and may reduce the likelihood of subsequent problems.[47][48][49][50] Some positive outcomes of cross-collaboration practices include fewer petitions to juvenile court and youth becoming more involved in prosocial activities.[51]
To see how well you and your organization have implemented practices for dual system youth, see the rubric that OJJDP has developed that lists 11 different domains and different levels of
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Some youth that come under your care may be experiencing homelessness or housing insecurities. Youth in such circumstances may be youth cited for loitering or being out past curfew because they have no place to go, and others commit offenses of survival in order to be able to eat or live.[52][53][54] Some youth also enter into the juvenile justice system with a home, but if they are put in detention, once they are released it is possible they have lost their place in their foster care home or cannot live with their families because of Section 8 restrictions.[55][56][57]
Youth experiencing homelessness or housing insecurities may not self-identify as homeless which may complicate intake procedures should they become involved in the juvenile justice system. For this reason, building positive relationships with youth should begin at intake. By building a positive relationship with youth, you can provide services that lead to safe, stable, and permanent housing.
For those that have been recently involved with the juvenile justice system these are the recommendations:[58]
Services appropriate for youth in need of shelter include:[60]
For more information visit:
A comprehensive understanding of the population of youth who identify as lesbian, gay, bisexual, questioning, asexual, gender nonconforming, transgender, or intersex (LGBQA-GNCTI) in the juvenile justice system is limited due to the availability of data however, research indicates LGBQA_GNCTI youth are overrepresented.[61] While there are sites that have started to collect data on sexual orientation, gender identity, and gender expression (SOGIE), most youth-serving systems have not started this practice. Nonetheless, it is important to understand that everybody has a SOGIE and that collecting this information is necessary to ensure that the safety, privacy, and dignity of all youth are affirmed.
When working with youth or discussing SOGIE, there are important terms and concepts that you can familiarize yourself with. Here are resources with glossaries: NYU UCDavis
Probation officers should make an effort to understand each youth’s SOGIE and any circumstances that affect their well-being. Your agency may have specific practice guidelines for addressing the many ways that race and SOGIE shape young people’s lives, but there are some general practices that can help you build positive relationships with everyone you serve.
For information about LGBQA-GNTCI state protections, please visit Lambda Legal.
The two most prominent types of exploitation are labor exploitation and sexual exploitation. Labor exploitation includes trafficking of youth by “the recruitment, harboring, transportation, provision, or obtaining of a person for labor services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.”[64] Sexual Exploitation can include commercial sexual services such as prostitution, pornography, and sex tourism and those trafficked are often coerced or forced into exploitation.[65]
The U.S. Department of Health and Human Services (USDHHS) identified risk factors for exploitation.[66]
Pay special attention to youth that are referred to court for running away, youth that receive loitering charges, youth that have committed more serious offenses as a result of being in need of shelter, youth that have been referred to court for sex work, and youth who have ran away from placement. These youth should be diverted and receive specialized services because of their risk of becoming missing or exploited or as a result of exploitation that has already happened. In many cases, these youth are survivors but are being treated as offenders in court. Treating these youth as a harmed party is a better way to address their needs.
Programs and services for these youth should focus upon:[67]
For more information visit:
Adolescent development and brain science research has taught us that the human brain does not fully develop until a person is 25; the last part to fully develop in fact is the prefrontal cortex which means that the biological capacity to control impulses is lacking until 25. This has direct implications for youth introduced to the justice system and especially those aged 16–25. These youth have an increased risk of involvement with the adult criminal justice system, a lower likelihood of achieving educational goals, a lower likelihood of becoming employed, and an increased risk of being impoverished and struggling to maintain housing.[76][77] The justice system faces additional challenges setting these youth up for success once they leave the system given these risks associated with failure.
In order to effectively assist these youth in maintaining the lessons and positive behavior that has been fostered throughout their case, it is imperative that probation officers work with youth, families, and communities to establish connections to services and identify support systems as a part of the case plan. It is recommended to reassess a youth’s risks at case closure which can help to identify areas that may need continued attention.
Throughout the case, the services and lessons provided for the youth will have tackled a monumental first step in preparation for their case closure and future success, but there are important things to consider, especially for older youth who may not be eligible for the services provided through the system.
Youth engage in about a third of sexual offenses known to law enforcement. As a whole, these youth make up a small proportion of youth served in juvenile justice system but it is likely you will have some of these youth on your caseload. When serving this population, it is imperative to remember:
Checklist for processing these cases:
Programming should focus upon establishing active safety plans while using a strengths-based model that involves the family and the youth working together to address understanding of laws, healthy relationships and communication, impact and restitution for the behavior within their social network. Research documents that treatments rooted in reinforcing healthy behavior, active collaboration with the caregivers and others, and providing a safe and genuine atmosphere are most effective. Each case is unique and requires individualization based on the family and youth strengths, risk factors, and needs. Programs that have been found effective for this population include:
When giving disposition recommendations to the judge, make sure to recommend approaches that do not include the Sex Offender Registry. The use of the Sex Offender Registry for youth is found to be extremely harmful[93][94][95][96][97][98] and includes suicide, homelessness, difficulty attending school, unemployment, and increased risk of being the victim of sexual abuse as collateral consequences.[99] Use of registry is also not found to have an impact on youth sexual recidivism or decreases in new cases of youth who engage in illegal sexual behavior.
Treatment should be developmentally appropriate and may involve practicing skills, videos, and other activities to increase learning. Incorporation of things like early trauma processing and safety planning may be necessary for some youth.[100] Safety planning should include a plan for community safety and for youth’s safety.
Privacy is absolutely imperative for those youth that have immigrated to the United States. It is important to review your state’s privacy laws in order to understand what records can be shared. Records are being increasingly shared with Immigration and Customs Enforcement personnel, which can be used in immigration and possibly removal proceedings. For these youth it is imperative that cases are not bound over into adult court because the immigration consequences become more severe. These youth and their families should have an immigration attorney during youth court proceedings to ensure they are well represented.[101]
Once a case is completed, the family can have the record sealed or expunged in order to keep information from being shared with the federal government that can be used in immigration proceedings, but before this happens information may have already been shared. In this case it is important for the youth to disclose the incident so that they do not engage in fraud.[102]
If a youth that you are providing services for is undocumented and has been maltreated by a parent, the youth may be eligible for Special Immigrant youth Status. Granting this status requires a youth court order and must be done before the youth is out of the court’s jurisdiction.
The Noncitizen Youth in the Juvenile Justice System: 2018 Update lists the following policy recommendations for those in the field that work with youth that are noncitizens:[103]
In this webinar from the Annie E. Casey Foundation, learn about current federal policies on immigration enforcement and hear practice recommendations for working with immigrant youth.
Native Americans that are part of a tribe have the ability to be prosecuted in tribal, state, and federal courts. The jurisdiction in many cases will depend on state law, and it is possible in some places for youth to be prosecuted in both a state and tribal court for the same crime.[104] In state and federal courts, youth have the right to due process and to counsel, but in tribal courts, indigent youth do not have the right to have an attorney provided for them.[105] If you are a probation officer to tribal youth, keep these different rights in mind and be sure to check your state laws in order to best understand jurisdiction and your role in the process.
In order to be effective service-providers to Native American youth, it is important that probation officers coordinate culturally appropriate, collaborative, and strength-based services for these youth in order to reduce disparities and provide them with the best services possible. The risk factors that are prevalent in tribal communities are historical trauma, violence, suicide, substance use, and lack of cultural instruction.[106] Even though these risk factors are present and Native Americans are overrepresented in the justice system,[107] protective factors such as family and culture can help justice-involved youth create a better life.
Tribal communities’ methods vary, similar to different counties in non-tribal probation,[108] and it is important for tribal and non-tribal probation officers to respect tribes' culture and practices. Every tribe is different. Even with these differences, those that are tribal youth probation officers have many of the same duties, and evidence-based services presented in this Desktop Guide still apply (individualized services, RNR, positive reinforcement, graduated sanctions and incentives, etc.).[109]
The American Probation and Parole Association have recorded training webinars for matters involving tribal communities.