Referring Youth in Juvenile Justice Settings to Mentoring Programs

Referring Youth in Juvenile Justice Settings to Mentoring Programs: Effective Strategies and Practices to Improving the Mentoring Experience for At-Risk and High-Risk Youth

A RESOURCE COMPENDIUM

CONTRIBUTING AUTHORS J. Mitchell Miller, Ph.D. Holly Ventura Miller, Ph.D. J.C. Barnes, Ph.D. Pamela A. Clark, National Partnership for Juvenile Services Michael A. Jones, National Partnership for Juvenile Services Ronald J. Quiros, National Partnership for Juvenile Services September 2012 Scott Bernard Peterson, Global Youth Justice A Findings and Implications of the Research

A new study supported by the Office of Juvenile Justice and Delinquency Prevention (OJJDP), U.S. Department of Justice, identifies effective practices and strategies to improve the mentoring experience for at-risk and high-risk youth who are involved in the juvenile justice system. Researching the Referral Stage of Youth Mentoring in Six Juvenile Justice Settings: An Exploratory Analysis examines best practices for referring youth to mentoring when they are in certain juvenile justice system settings, including Juvenile Detention, Juvenile Corrections, Juvenile Probation, Delinquency Court, Youth/Teen Court and Dependency Court. As a low-cost delinquency prevention and intervention option that capitalizes on the resources of local communities and caring individuals, mentoring has emerged as a promising delinquency reduction strategy for at-risk or high-risk youth. This research study, which used multiple methods to capture data from mentoring and juvenile justice settings, provides a deeper understanding of how youth are referred to mentoring, challenges faced during the referral process, examples of effective strategies to face the challenges and action steps. The research was conducted by a team that included Global Youth Justice, National Partnership for Juvenile Services, MENTOR: The National Mentoring Partnership and criminal justice researchers from the University of Texas at San Antonio.

Statement of the Problem Mentoring also has the capacity to build proactive Research demonstrates that specific mentoring tendencies (Lerner, 2007) by incorporating models and programmatic elements can improve positive youth development philosophy, bolstering young lives and, eventually, adult productivity. protective factors and fostering resiliency. Youth who participate in evidence-based mentoring Participation in mentoring strengthens positive relationships demonstrate better school attendance, social attitudes and peer relationships. Mentored a greater likelihood of going on to higher education children also have more trusting and communicative and a better attitude toward school than relationships with their parents (Rhodes, 2002; non-mentored youth (Jekielek, Moore and Hair, Rhodes, Spencer, Keller, Liang and Noam, 2006), 2002). Moreover, studies of mentoring programs an important point for youth who have an show that mentoring relationships can reduce incarcerated parent because there is “a particular negative youth behaviors and prevent substance form of grief and loss that comes from having a abuse (Jekielek, et. al., Dubois, 2002). parent who is alive but unreachable” (Jucovy, 2003,

1 Findings and Implications of the Research continued

p.22). Mentoring also helps young people deal Of the 1.9 million juvenile arrests in 2009, courts with with shame and the social stigma associated with juvenile jurisdiction disposed of nearly 1.5 million having an incarcerated parent by offering additional delinquency cases. Meanwhile, the more than 1,000 friendship and active support thorough dedicated, teen/youth courts in the United States handled in well-prepared mentors (National Crime Prevention excess of 100,000 cases. Disposition resulted in Council). 1.02 million juvenile court sanctions with 53 percent of those sanctions resulting in court-ordered Combating juvenile delinquency is a central focus probation. of the U.S. Department of Justice’s Office of Juvenile Justice and Delinquency Prevention (OJJDP). OJJDP Nationally, fewer than 71,000 juvenile offenders has long been a leader in recognizing that mentoring were held in residential placement facilities as can positively affect the lives of young people living of February 2010. The public relies on Juvenile in high-risk environments. In fact, high-quality Detention facilities (769 nationwide) and Juvenile mentoring is a proven method for steering youth Corrections facilities (389 nationwide) for safety away from a life course that leads to truancy, regarding juvenile offenders, for humane and delinquency and eventual disconnection from constitutional conditions of incarceration and for school, work and a satisfying and productive life. equipping youth with the skills to live peaceful and It is important to underscore that OJJDP has also productive lives. Despite OJJDP’s portfolio of data, been a leader in recognizing that well-designed and information and characteristics on juvenile well-implemented mentoring can have a tremendous residential facilities, there is limited support and positive impact on a youth’s life chances, as well resources to address the critical issues impact- as recognizing that the converse is also true. If ing juvenile confinement facilities and to empower mentoring is not done well, it can harm, rather than practitioners in these settings. These facilities often help, a child (Rhodes, 2002). operate in relative isolation, raising the likelihood of harm to youth, the staff and the public due, in large Juvenile crime and delinquency in America part, to limited knowledge of and access to existing continues to be a pressing social problem that has risk prevention programs and policies. serious negative effects on communities, families, the economy and individuals. According to 2009 During the 1980s, 1990s and still today, there is data compiled by the FBI and analyzed by the a unifying theory that helps explain why youth turn Pittsburgh-based National Center for Juvenile to delinquency and why they desist or persist in Justice on behalf of OJJDP, there are about 1.9 delinquency over time. This “Social Development million arrests for persons under the age of 18 each Model” rests upon two pillars called “risk” and year. This staggering number does not include “protection.” Bridging the age-old divide in “apprehensions” of youth who were not officially criminology pitting “root causes” theorists (who tend arrested for a crime, offense and/or violation. It also to explain criminality as an inevitable consequence does not include youth not caught or apprehended. of injustice and inequality in society) and “individual And, the estimated 1.9 million juvenile arrests include responsibility” adherents (who place all blame many juveniles who were arrested for more than one for crime at the hands of offenders), “Social crime, offense and/or violation. Development” focuses on both individual and

2 environmental variables with proven connections Summary of Key Findings to offending. The debate on the causes of crime This section summarizes the main points gleaned continues, as the negative effects of the problem from the project research and the resultant 234- are felt in the community, at school, with peers, page report. in the family and within the individual. Mentoring is considered an approach that provides positive social development for youth. With the RESEARCH QUESTIONS appropriate delivery of mentoring services, youth 1. What are the best practices in identifying and in juvenile justice settings can overcome the risk referring youth to mentoring programs across factors that jeopardize their future of being a distinct juvenile justice settings? successful, productive citizen. 2. What is the capacity of the mentoring community There is a pressing need to undertake research to support the youth identified for mentoring from for purposes of developing best practices that six juvenile justice settings? will favorably impact the development and design of mentoring services to these “high-risk” youth. 3. What is the quality of mentoring programs, Mentoring relationships should be largely voluntary, as defined by alignment with theElements and most youth and juvenile justice professionals of Effective Practice for Mentoring™, across agree mentoring should not be a sanction imposed the juvenile justice settings? in the juvenile justice system. Research already tells 4. What intermediate outcomes are achieved us that mentoring matches terminated early can by mentoring throughout the settings? and do have a negative impact on the youth being mentored. Each of the key findings listed in the following sections will be labeled according to the research This project specifically studied the mentoring question they address. Key findings are denoted “Referral Stage” in order to target greater numbers with an RQ1, RQ2, RQ3 or RQ4. of juvenile justice system involved youth for appropriate mentoring services. The project design relied heavily on tasks and strategies that will foster KEY FINDINGS FROM THE NATIONAL SURVEY new local relationships among mentoring programs and juvenile justice systems/services. This project n The survey netted a large sample size (N = 1,197). also examined specific steps in making mentoring n Response rates were incalculable but completion referrals, accepting referrals and denying referrals. rate within the acceptable range – 64.22 percent.

n All 50 United States were represented by the survey respondents.

n Program respondents hailed from a variety of community types ranging from urban, suburban, rural and tribal communities.

3 Findings and Implications of the Research continued

n Roughly 60 percent of juvenile justice setting in mentoring relationships (i.e., there is parity in respondents reported that their program utilizes mentoring referral success across the six settings) youth mentoring in some capacity (RQ2). (RQ2 & RQ4). n Nearly 40 percent of mentoring programs serve n Successful placement and time until a match is juvenile justice involved youth (RQ2). made are closely intertwined such that juvenile justice programs that are more successful at n About half of all juvenile justice settings that utilize placing youth in mentoring tend to refer youth mentoring reported that more than 50 percent of to programs that have shorter waiting lists referred youth are ultimately placed into mentoring (RQ1 &RQ4). relationships (RQ1 & RQ2).

n Mentoring programs that appear, on paper at n Juvenile justice setting respondents reported least, to be more professional report more that their mentoring programs typically make positive outcomes. For instance, programs with mentor-mentee matches in fewer than 90 days longer meeting lengths, greater meeting frequency, (RQ2 & RQ4). and that utilize formal training have youth who n The majority of juvenile justice settings reported succeed more frequently (RQ4). that they “always” assess youth for their level n Most meetings between mentor and mentee last of risk prior to making a referral to a mentoring between one and two hours (RQ4). program (RQ3).

n Roughly 75 percent of programs reported that n The majority of juvenile justice settings reported they have utilized match commitments for mentors that between 76 percent and 100 percent of youth (RQ4). are charged with a crime prior to being referred

to a mentoring program (RQ1). n Nearly all programs set goals for mentor/mentee to achieve (RQ4). n Mentoring is used as a diversionary tactic only

about 40 percent of the time (RQ1). n Most programs reported that a majority of their youth achieve the goals set for them (RQ4). n The vast majority of mentoring programs (~80 percent) utilize individually based mentoring strategies (RQ3). KEY FINDINGS FROM THE SITE VISITS n The majority of mentoring programs reported that n Juvenile justice settings using embedded mentors and mentees meet three or more times programs have an easier time matching youth a month (RQ3 & RQ4). and mentors (RQ1, RQ2, & RQ4). n More than 90 percent of mentoring programs n Mentoring is overwhelmingly voluntary (RQ3). reported that they “always” perform criminal background checks on their mentors (RQ3). n Some sites reported that youth demeanor played a role in the decision to refer — (RQ1 & RQ2). n Of the six juvenile justice settings analyzed, none appeared to have greater success at placing youth

4 n Most youth are deemed acceptable for referral, ADVANTAGES, CHALLENGES AND but fewer end up matched — mostly due to RECOMMENDATIONS FROM SITE VISITS voluntary nature of mentoring (RQ2 & RQ4). Youth Courts n Some sites reported the use of MENTOR’s Elements of Effective Practice for Mentoring, Advantages: but most reported that they looked for “evidence- n The use of adult mentors, due to single parent based programs” to partner with for services or no parent households delivery (RQ3).

n Easily accessible programs (geographic n Mentoring is delivered mostly by established circumstances) programs like BBBS and BGC (RQ3).

n Operating multiple chemical addiction programs, n Most mentoring is one-on-one and takes place Alcohol Awareness sessions, direct treatment, in community locations (RQ3). and drug/alcohol screening tests and evaluations n Intake and assessment of all youth is n Serving high-risk youth and at-risk youth recommended prior to referral (RQ1).

n School- and community-based approaches n Most settings and programs use similar criteria

for assessing the acceptability of mentoring (RQ1). n Staff well positioned to identify youth for the necessary services n Common reasons youth are unacceptable: violence, serious mental health, drug use (RQ2 & RQ4). Challenges:

n n External reason youth are not matched: Participation is voluntary, difficult in referring youth family refusal (RQ2 & RQ4). n Continued funding n The most pressing obstacle to matching is finding n Some youth arrested may not be residents enough suitable mentors — especially for certain of the region demographics like black males (RQ1, RQ2, &

RQ4). n Waiting list n Mentoring tends to be gender-segregated: females n Negative behavior of parents/legal guardians mentor females; males mentor males (RQ3). regarding matching youth with an adult mentor n Few juvenile justice settings follow-up with youth n Unwillingness by youth and/or parents/guardians after referral (RQ4). to accept mentoring referral

5 Findings and Implications of the Research continued

Recommendations: n Permanency plan in place/ long-term settings n Match support n Either no waiting list or a very short one n Voluntary referrals n Staff have very extensive information on the children n Do not accept youth who are a danger to themselves, mentors or staff. Challenges: n Referrals due to mental health issues usually n Unsafe homes — family problems, mental health don’t work out well. issues, aggression, significant medical issues n Utilization of a Memorandum of Understanding n Child Protective Services (CPS) doesn’t have (MOU) and case referral flowcharts a communication tracking system n Utilize mentoring as a wrap-around service — n Staff continually change n Reduce recidivism; improve school attendance; n Youth lack technology— cell phones and/or minimize contact with juvenile and/or criminal computers justice system; improve academic performance,

pro-social engagement and employment n Foster care youth may be transient and preparation often AWOL n Information gathered at intake should be shared n Incomplete referral packets with the Youth/Teen Court jury. n Overwhelmed foster parents n Allow teen jury to ask questions to determine if mentoring would benefit the youth. n Challenge to match older youth n Deliberating jury should be allowed to make Recommendations: referrals.

n One-on-one attention to the child n Coordinator should complete all forms needed

for a referral. n Policy not to force a mentor onto a child/youth

n Embedded programs Dependency Courts n Refer all youth as soon as possible. Advantages: n Longer duration of a match n Voluntary Participation n Give youth the opportunity to meet several n Relationships built internally and externally potential mentors and let them choose. with referral sources

6 n Exclusive services for foster care youth n Misunderstanding by youth of mentoring culture and programs n Determine appropriate hearings for mentor

involvement – Review Hearings, Disposition n Parent information difficult to access Hearings, Adoption Hearings, etc. n Changes in placement n Conduct intake interviews. Recommendations: n Formal referral guidelines

n Utilization of embedded programs n Utilize social media to maintain contact and communication. n Make mentoring activities part of the regularly scheduled programming at the detention facility.

Juvenile Detention n Allow site coordinator to have access to detained youth outside of/in addition to regularly scheduled Advantages: activities. n Relationship building during period of incarceration n Allow mentoring staff to be involved in regular due to embedded mentor programs detention staff meetings. n Contact within 24 hours of youth post-release n Maintaining weekly contact to allow youth the Juvenile Corrections opportunity to decide at any point to become Advantages: actively involved with the mentoring program

n One-on-one services n All youth “referred,” thus exposed to activities

n Self-referrals and voluntary participation have Challenges: a greater degree of commitment. n Post-release youth may change their mind n Allowing youth to return and serve as a mentor about participating. n Diverse staff — Utilizing professionals in mental n Confidentiality issues make it difficult for staff to health, social work, community-based services, access information required in the membership mentoring and juvenile justice experience application. n Provide mentoring approval forms with the n Difficult to help probation officers understand intake paperwork. what youth are appropriate for referral to the n Periodic presentations to inform youth of the Second Chance Program services

7 Findings and Implications of the Research continued

n Placement considerations to ensure mentorship n Use of a mentoring specialist and master mentor may continue post-release n Word of mouth recruitment of youth

Challenges: n Voluntary participation n Non-motivated youth n Appreciation of volunteers (mentors); showing them how important they are and how their work n Maintaining the mentor/youth relationship is appreciated n Keeping current contact information for youth n Not excluding any youth based on criminal offense n African-American young males seen as less n Relationship building prior to youth’s release interested in participating than other races/

ethnicities n Good communication between juvenile justice and mentoring program staff n A new intake may need to wait between nine and

10 weeks before a referral may be made. n Sustainability plan to continue programs in the absence of grant funds n Youth may be excluded if they engage in disruptive

behavior. n Minimum of two years for grant funded programs to institutionalize and start gathering outcome data n Parent refusal n Youth may age out of the system before a match Delinquency Courts can be made. Advantages: n Geography — Youth are difficult to follow back to

their community due to distance, time and financial n Multiple, diverse formal and informal referral constraints. sources n Hard to recruit volunteer mentors n Referrals with a heavy emphasis on mental health n Limited activities youth may participate in while n Use of Juvenile Review Boards (JRB) operated institutionalized throughout the city n Orientation programs struggle to prepare mentors. n More personalized and time sensitive referrals, due to only one referral source Recommendations: n Embedded mentoring program n Relationships and trust grounded in n Allowing parental referrals research-based programming

n After-school oversight n Housing the lead mentoring staff person inside the juvenile justice setting

8 Challenges: n Provide law-related education, as well as development opportunities. n Youth may become more deeply involved with the

juvenile justice system to include incarceration. n Use of adult and youth mentors n Involvement in other mandated support doesn’t n Policy of “checking your colors” at the door allow for sufficient time to become involved in a regarding gang colors structured mentor relationship. n Use of surveillance cameras n Parents/guardians unwilling to accept referral n Referrals with a dual diagnosis are often excluded Juvenile Probation if there are sexual, psychological or violent behaviors. Advantages:

n Close proximity of staff to courts and juvenile n A lack of willing and trained adult mentors. services center n Foster care youth awaiting decisions regarding reunification or termination of parental rights n Referred youth may be walked immediately can’t be referred. to an office in the court to complete intake.

n Expedient initiation of services/contact with the n Discrepancy between boys and girls who are being diverted from the formal court to the youth within 24-72 hours teen court n Trusting relationships n Transportation issues n Strength-based and participant-driven vetting process n Gang involvement

n Youth are given ample time to consider the Recommendations: commitment they are being asked to give. n Voluntary referrals n Safety has been a non-issue. n Mentoring as a “wrap-around” service n Mentoring services may be court ordered. n Referring at the front end of the juvenile justice n Information sharing system n Services started in between 14 and 30 days n Do not match a youth who may be dangerous without a waiting list. to themselves or others n Small number of juveniles referred allows for n Use of a Memorandum of Understanding (MOU) concentrated relationships n Allow youth to return as a volunteer. n Shared respect and trust by all participants

9 Findings and Implications of the Research continued

n Setting a clear understanding that youth are n Provide youth with information and resources from the same community for higher education.

n Engage youth in new pro-social relationships Challenges: and activities. n Parents may refuse to transport youth/ fail n Allow youth to participate after the mentoring to support youth’s participation. commitment. n Change of placement can affect the capability n Share critical information across systems to mentor youth. (agencies). n Not enough mentors for one-on-one mentoring n Allow youth to serve in a leadership capacity. n May be a waiting list n Require all referral sources to adhere to the same referral guidelines. n Adversarial relationships between youth and probation staff n Involve a diverse community to demonstrate the community’s commitment to the youth. n Lack of mental preparedness of the youth

n Mentor/staff should have a background n Unrealistic goal setting understanding of the juvenile justice system. n Youth may live in an unsafe environment. n Reduce “turf issues” by allowing staff and n Geography — Difficult for youth to maintain probation officers to work as a team of equals. residence in the same area during the mentoring process n Maintain a mentor relationship for between three and four years (until youth graduates high school). n Lack of formalized infrastructure/ inconsistency in the referral process n Small residential facilities allow for critical insight in screening issues. n Risk assessments, needs instruments, interviews or case staffing may not have been used. n Mentor program should have a central figure (master mentor). n Role of probation officer not clearly defined/ lead to inconsistent support n Use mentors/staff who have made it a life goal to help juveniles.

Recommendations: n House mentoring staff in the court. n Provide opportunities to engage the siblings of the referred youth.

10 LISTINGS OF SITES VISITED

Project Partner: Global Youth Justice Site visits completed: 12 Juvenile justice settings: Delinquency Court, Youth/Teen Court, Dependency Court (Some sites, as noted below, provided multiple settings.)

1. Lawrenceville, IL (Det./Corrections/Prob./Delinquency Court/Youth/Teen Court/Dependency Court) 2. Knoxville/Kingsport, TN (Delinquency Court, Dependency Court) 3. Mi Casa, Hartford, CT (Delinquency Court) 4. New Bedford, MA (Delinquency Court, Youth/Teen Court) 5. Norfolk, VA (Dependency Court) 6. Saratoga, NY (Dependency Court) 7. Burlington, VT (Dependency Court) 8. San Diego, CA (Dependency Court, Probation) 9. Clarke County, NV (Delinquency Court) 10. East Central, MS (Delinquency Court and Youth/Teen Court) 11. Ponca City, OK (Kay County) (Delinquency Court, Youth/Teen Court, Probation) 12. Albany County, NY (Delinquency Court, Youth/Teen Court, Probation)

Project Partner: National Partnership for Juvenile Services Site visits completed: 13 Juvenile justice Settings: Detention, Corrections, Probation

1. Knoxville, TN (Detention) 2. Buffalo, NY (Detention) 3. Portland, ME (Corrections) 4. Manchester, NH (Corrections) 5. Anchorage, AK (Corrections) 6. Wichita, KS (Corrections) 7. South Bend, IN (Corrections) 8. Logansport, IN (Corrections) 9. Claremont, NH (Probation) 10. Seguin, TX (Probation) 11. Kalamazoo, MI (Probation) 12. Knoxville, TN (Probation) 13. Shreveport, LA (Probation)

11 LISTING OF STATE MENTORING PARTNERSHIPS

ARIZONA MAINE Communities In Schools of Arizona Maine Mentoring Partnership www.cisarizona.org www.jmg.org

CALIFORNIA MARYLAND (Developing MP) Big Brothers Big Sisters and the CA Center for Youth Development and Health Maryland Mentoring Partnership Promotion/CA Mentor Foundation www.biglittle.org

CONNECTICUT MASSACHUSETTS Governor’s Prevention Partnership Mass Mentoring Partnership www.preventionworksct.org www.massmentors.org

DELAWARE MICHIGAN Delaware Mentoring Council Mentor Michigan www.delawarementoring.org www.michigan.gov/mentormichigan

FLORIDA MINNESOTA Palm Beach Mentoring Partnership of Minnesota Mentor Center of Palm Beach County www.mpmn.org www.cscpbc.org/mentoring

NEBRASKA INDIANA Midlands Mentoring Partnership Indiana Mentoring Partnership www.mmpomaha.org www.iyi.org/indiana-mentoring-partnership.aspx

NEW YORK IOWA The Mentoring Partnership of New York Iowa Mentoring Partnership and Long Island www.iowamentoring.org www.mentorkids.org

KANSAS NEW JERSEY Kansas Mentors www.kansasmentors.kansas.gov (Developing MP) New Jersey Mentoring Partnership

12 NORTH CAROLINA VIRGINIA

Communities In Schools of NC Richmond www.ncmentoring.org Virginia Mentoring Partnership www.vamentoring.org OHIO Fairfax The Mentoring Center of Central Ohio Fairfax Partnership for Youth www.mentoringcenterco.org www.mentorfairfax.org

OREGON WASHINGTON Oregon Mentors Washington State Mentors www.oregonmentors.org www.wamentors.org

PENNSYLVANIA WISCONSIN Philadelphia (Developing MP) The Campaign for Mentoring Mentor Kenosha & Racine, member of the www.uwsepa.org/Volunteer_mentoring.asp collaborative Midwest Region Mentoring Hub

Pittsburgh The Mentoring Partnership of Southwestern Pennsylvania www.mentoringpittsburgh.org

RHODE ISLAND Rhode Island Mentoring Partnership www.mentorRI.org

TENNESSEE Memphis Memphis Grizzlies Charitable Fund www.teamupmemphis.org

VERMONT Mobius, The Mentoring Movement www.mobiusmentors.org

13 RESOURCES

Training and Technical Assistance Websites Resources Office of Juvenile Justice and Delinquency OJJDP Research Report on Referring High Risk Prevention – Mentoring Resources Youth for Mentoring Services – Full Report www.ojjdp.gov/programs/mentoring.html

OJJDP Research Report on Referring High Risk Office of Juvenile Justice and Delinquency Youth for Mentoring Services – Executive Summary Prevention – Model Program Guide/Mentoring www.ojjdp.gov/mpg/progTypesMentoring.aspx Juvenile Justice Journal on Referring High Risk Youth for Mentoring Services – Special Edition Global Youth Justice Website – Mentoring High Risk Youth Resources Memorandums of Understanding www.globalyouthjustice.org/Mentoring.html Six Resource Guides for Developing MOUs for Juvenile Justice and Mentoring Services National Partnership for Juvenile Services – PowerPoint Presentations for Mentoring High Risk Youth Resources Six Juvenile Justice Settings and Mentoring www.npjs.org/

Six Technical Assistance Profiles: MENTOR: The National Mentoring Partnership Examining the Referral Stage for Mentoring www.mentoring.org/ High-Risk Youth Administration for Children, Youth and Families, MENTOR’s Elements of Effective Practice U.S. Dept. of Health and Human Services For Mentoring™, Third Edition www.acf.hhs.gov/programs/acyf/

MENTOR’s Elements of Effective Practice State-by-State Listing of Legislation and For Mentoring™ Toolkit — Juvenile Statutes Regarding Juveniles Justice Section www.ncjj.org/Research_Resources/State_ MENTOR’s Elements of Effective Practice Profiles.aspx For Mentoring™, Third Edition, Checklist for Big Brother Big Sisters of East TN Mentoring Programs Knoxville, TN, USA bigbrothersbigsistersetn.org/ For free, downloadable versions of these resources, visit: Boys and Girls Clubs of Las Vegas MENTOR at http://www.mentoring.org/program_ Las Vegas, NV, USA resources/Researching_the_Referral_Stage/; www.bgclv.org/index.php

Global Youth Justice at Juvenile Court and Juvenile Probation http://www.globalyouthjustice.org/Mentoring. Choctaw Tribal Court html; and Mississippi Band of Indians National Partnership for Juvenile Services Durant, OK, USA at http://www.npjs.org/highriskyouth.php www.choctaw.org/government/court/juvenile.html

14 Ponca Tribe of Oklahoma The Kennedy Center of Louisiana Mentoring Program and Youth Services Shreveport, LA Ponca City, OK, USA www.weallwinn.com www.ponca.com/118837.html Boys and Girls Club of the Tennessee Valley Team Up Mentoring Program Knoxville, TN Norfolk, VA, USA ww.bgctnv.org theupcenter.org/For_Adults/mentoring.htm Boys and Girls Club of Buffalo Spectrum Mentoring Program Buffalo, NY Burlington, VT, USA www.bgcbuffalo.org www.spectrumvt.org/mentoring-program/ Goodwill Industries of Northern New England San Diego Youth Services Mentoring Program Portland, ME San Diego, CA, USA www.goodwillnne.org www.sdyouthservices.org/site/PageServer? pagename=foster SMILES Mentoring Program New Bedford, MA, USA Saratoga Mentoring Program http://paaca.org/ Catholic Charities of Saratoga Saratoga, NY, USA New Bedford Youth Court www.saratogamentoring.org/ Massachusetts, USA http://paaca.org/ Ponca Tribe of Oklahoma – Tribal Court Ponca City, OK, USA Choctaw Tribal Teen Court and Mentoring Program www.ponca.com/118837.html Mississippi Band of Choctaw Indians Durant, OK, USA Big Brothers Big Sisters of Alaska www.choctaw.org/government/court/teen.html Anchorage, AK www.bbbsak.org Colonie Youth Court Town of Colonie, NY, USA Goodwill Industries of Northern New England www.colonie.org/police/youthcourt/ Portland, ME www.goodwillnne.org Big Brothers Big Sisters of the Capital Region Albany, NY, USA Northeastern Center www.bbbs.org/site/c.pwL6KhNWLvH/b.3510415/ Kendallville, IN k.7D2D/Big_Brothers_Big_Sisters_of_the_ www.necmh.org/bodycfm?lvl1=servic&lvl2 Capital_Region.htm =latino

15 GRANT PARTNERS

Global Youth Justice proactively champions the between youth in mentoring relationships and the global expansion of quality volunteer-driven youth remaining 15 million young people who want and justice and juvenile justice voluntary diversion need a caring adult in their life. MENTOR has programs often called youth court, teen court, peer galvanized the mentoring movement through a court, student court, peer jury and youth peer panel. variety of leverage points and across sectors, which Record numbers of volunteer youth (including former includes our national network of affiliated Mentoring juvenile offenders) now serve as jurors, defenders, Partnerships that drive and fuel an increase in the prosecutors, judges and clerk/bailiffs in local juvenile quality and quantity of mentoring opportunities for justice systems on real juvenile crimes, offenses and America’s young people. We develop and deliver violations involving their peers. A record 1,407 plus resources to them, provide a public voice for communities around the globe now operate one mentoring and promote quality for mentoring of these cost-effective programs to reduce the through standards, cutting-edge research and incidence and prevent the escalation of juvenile state-of-the-art tools so that as many young people crime. as possible can benefit from a safe, quality mentoring experience. If negative peer pressure is a primary factor in leading some youth to commit a crime, offense National Partnership for Juvenile Services (NPJS) and/or violation, then positive peer pressure can be is a nonprofit collaboration of four juvenile justice harnessed and redirected to become a positive force advocacy and service delivery organizations and lead other youth to adhere to the rule of law and committed to improving the nation’s juvenile justice become more productive citizens. These youth system by providing specific, results-oriented justice and juvenile justice voluntary diversion training and technical assistance. NPJS is the programs harness positive peer pressure and utilize guardian for safety to ensure confined youth are it in a peer judgment setting to help address the well-treated in secure and non-secure environments; anti-social, delinquent, and/or criminal behavior to ensure facility staff are given the requisite of youth. The “peer judgment” and “positive peer knowledge, skills and abilities to improve their pressure” aspects of these programs are the two overall job performance, increase their level of primary programmatic elements which separate personal safety, as well as the care of the youth these youth justice and juvenile justice voluntary in their charge; and to ensure the overall security diversion programs from all of the others. Log on to of the community. NPJS is an advocate for fairness www.GlobalYouthJustice.org for more information. in the juvenile justice system and works to eliminate racial disparities. The NPJS is comprised of the MENTOR: The National Mentoring Partnership National Juvenile Detention Association; the National has been the unifying champion for expanded quality Association of Juvenile Correctional Agencies; the youth mentoring in the United States for more than Juvenile Justice Trainers Association; and the 20 years. In this time, the number of young people in Council for Educators of At-Risk and Delinquent mentoring relationships has grown from 300,000 to Youth. More information about NPJS can be found three million. MENTOR’s mission is to close the gap at www.npjs.org.

16 APPENDIX

17 This project was supported by Grant #2010-JU-FX-0118 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. The opinions, findings and conclusions or recommendations expressed in this publication/program/ exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice.

18 Delinquency Court and Mentoring 1 Memorandum of Understanding

Researching the Referral Stage of Youth Mentoring in Six Juvenile Justice Settings 1 Overview

Why is a Memorandum Mentoring Program Description of Understanding Important? Mentoring involves a non-parental adult who MOUs build collaborative relationships: The process plays an important role in promoting healthy of negotiating a MOU between a mentoring program development for youth. There are many mentoring and a Juvenile Justice partner can help build a more models and even more programmatic differences collaborative working relationship, provide more within the different mentoring models. The goal of empathy and a deeper understanding of partner mentoring programs is to provide youth with positive issues, and result in more refined solutions to adult contact and, thereby, reduce risk factors existing problems. (e.g., early antisocial behavior, alienation, lack of commitment to school) by enhancing protective MOUs Identify the Structure factors (e.g., healthy beliefs, opportunities for for the Partnership involvement, and social and material reinforcement The MOU provides a structure for a working for appropriate behavior). Mentors provide relationship and clarifies what each of the youth with personal connectedness, supervision partners will do to further the collaboration. The and guidance, skills training, career or cultural MOU identifies the specific resources that will enrichment opportunities, a knowledge of spirituality support the partnership and defines how each and values and, perhaps most importantly, goals and will be used. In addition, language clarifying the hope for the future. type of staff, scope of work, job descriptions and 21 Tips and Strategies for Writing MOUs

Identify all individuals/entities that will be involved in the MOU agreement and hold a Tip meeting to identify the shared functions, services and/or resources that will support the collaboration. Discuss a plan as to how the parties/entities can and may operate 1 together to deliver services and/or share resources.

Write out the primary purpose or main goal(s)/objective(s) of the agreement and Tip determine what specific outcomes are expected. The purpose statement can include an identification of the parties involved, as well as the terms and conditions of the 2 agreement. Depending on the style and complexity of the agreement, some documents begin with an opening statement or preamble that introduces the names of the parties/ entities that are involved in the agreement.

Tip Determine a timeline as to when the partnership and agreement will begin and when it will end. Be specific regarding the dates and any other terms determined to be of importance.

3 Sample timeline statement: This agreement will be active from September 1, 2011, to August 31, 2012. It can be amended by mutual agreement at any time during the year. In the event that either party wants to be released from this agreement, 90 days written notice to the other party would be required.

Tip Write down and determine which organization will be responsible for what pieces of work, services and/or resources.

Sample partnership responsibility statement: Each party hereby agrees to the 4 following administrative responsibilities. A. Delinquency Court will (list agreements). B. Mentoring program will (list agreements). C. Delinquency Court and mentoring program will (list agreements).

Tip Draft the MOU based on the decisions that were made during the meeting, 5 then let all parties review, sign, date and authorize the document.

22 MOU Policy and Programmatic Discussion Points

n Discuss referrals of youth from the Delinquency n Discuss the referral of youth from juvenile Court who are re-arrested for a subsequent diversion/intervention programs who are involved juvenile crime, offense and/or violation after the with the Delinquency Court as it relates to the referral has been made and before the formal referral of mentoring services. mentoring match has taken place. n Discuss creating a visual referral flowchart for n Discuss geographic and demographic the Delinquency Court and mentoring program, considerations when making and accepting including a wide range of steps from making referrals of Delinquency Court involved youth the referral to match termination, among other for the delivery of mentoring services. actions as related to mentoring Delinquency Court involved youth. n Discuss referrals of youth from the Delinquency

Court within the context of “formal attests” and/ n Discuss referrals within the context of voluntary or “informal arrests” and implications on making referrals and/or involuntary referrals of Delinquency referrals of such youth for the delivery of Court involved youth for mentoring services. mentoring services. n Discuss your individualized considerations and n Discuss the allowable ages of Delinquency Court requirements for mentoring programs to consider involved youth who are eligible for referrals of when Delinquency Court youth are referred for mentoring services. mentoring services and for Delinquency Court to consider when making referrals to a mentoring n Discuss the characteristics and challenges program. typically associated with youth who are involved

with the Delinquency Court. n Discuss all local mentoring programs within the context of various mentoring models and services n Discuss the differences and/or similarities between which may and/or may not be appropriate for the most common Juvenile Justice settings to Delinquency Court involved youth of varying ages. include: Dependency Court, Delinquency Court,

Teen Court/Youth Court diversion program, n Discuss any statutory and/or legal considerations Juvenile Probation, Juvenile Correctional Facility to consider when Delinquency Court youth are and Juvenile Detention Facility. referred for mentoring services. n Discuss the specific individuals who have n Discuss how youth with both Delinquency Court authority to make referrals of Delinquency Court and Dependency involvement will be handled involved youth for the delivery of mentoring when making referrals of these high-risk youth services. for the delivery of mentoring services. n Discuss the Delinquency Court hearings within n Discuss match termination and emergency issues the context of which one(s) are appropriate for within the context of how it will be handled for making well-informed decisions to refer youth Delinquency Court involved youth engaged in for the delivery of mentoring services. a current mentoring match. n Discuss having an agreed upon formal, written n Discuss the Delinquency Court Profile and referral policy which takes into consideration Delinquency Court PowerPoint Presentation listed a wide range of factors to be discussed and below under Training and Technical Assistance agreed upon between the Delinquency Court Resources, in addition to other helpful resources and mentoring program. provided on the next page.

23 Training and Technical Assistance Resources Delinquency Courts and Mentoring Programs

OJJDP Research Report on Referring High Risk Websites of Interest Youth for Mentoring Services – Full Report Office of Juvenile Justice and Delinquency OJJDP Research Report on Referring High Risk Prevention – Mentoring Resources Youth for Mentoring Services – Executive Summary http://www.ojjdp.gov/programs/mentoring.html

Juvenile Justice Journal on Referring High Risk Office of Juvenile Justice and Delinquency Youth for Mentoring Services – Special Edition Prevention – Model Program Guide/Mentoring http://www.ojjdp.gov/mpg/progTypesMentoring.aspx Memorandums of Understanding Six Resource Guides for Developing MOUs Global Youth Justice Website – Mentoring High Risk for Juvenile Justice and Mentoring Services Youth Resources http://www.globalyouthjustice.org/Mentoring.html PowerPoint Presentations for Six Juvenile Justice Settings and Mentoring National Partnership for Juvenile Services – Mentoring High Risk Youth Resources Six Technical Assistance Profiles: http://www.npjs.org/ Examining the Referral Stage for Mentoring High-Risk Youth MENTOR: The National Mentoring Partnership http://www.mentoring.org/ MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition, Checklist for Mentoring Programs

For free, downloadable versions of these resources, visit:

MENTOR at http://www.mentoring.org/program_ resources/Researching_the_Referral_Stage/;

Global Youth Justice at http://www.globalyouthjustice.org/Mentoring. html; and

National Partnership for Juvenile Services at http://www.npjs.org/highriskyouth.php

This project was supported by Grant #2010-JU-FX-0118 awarded by the Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs, U.S. Department of Justice. The opinions, findings and conclusions or recommendations expressed in this publication/program/ exhibition are those of the author(s) and do not necessarily reflect those of the Department of Justice.

PROJECT PARTNERS Dependency Court and Mentoring 2 Memorandum of Understanding

Researching the Referral Stage of Youth Mentoring in Six Juvenile Justice Settings 2 Overview

What is a Memorandum provided services help to formalize the partnership. of Understanding? Most importantly, the MOU defines the specific commitments between partners to meet mutually A Memorandum of Understanding (MOU) is agreed upon goals. often explained as a document used to describe a common understanding of a working relationship between two (2) or more parties/entities. The Dependency Court Description document is not as binding as a contract, but it Dependency Courts involve a juvenile (child/ outlines a commitment between the parties/entities youth), typically in cases of abuse, neglect and to work together collaboratively toward the same mistreatment. Judges determine if allegations of purpose or goal(s) and objective(s) and, related to abuse or neglect are sustained by the evidence the use of shared work, services and/or resources. and, if so, are legally sufficient to support state A good MOU can foster effective communication intervention on behalf of the child. Some youth who 2 between/among partners, increase access to a wide appear in the Delinquency Court also appear in the range of resources, strengthen existing and new Dependency Court for dual adjudicatory issues. The partnerships and provide a framework for addressing Dependency Court is most commonly associated issues of mutual concern. with foster care, abuse and neglect issues involving youth younger than 18. Why is a Memorandum of Understanding Important? Mentoring Program Description MOUs build collaborative relationships: The process Mentoring involves a non-parental adult who of negotiating a MOU between a mentoring program plays an important role in promoting healthy and a Juvenile Justice partner can help build a more development for youth. There are many mentoring collaborative working relationship, provide more models and even more programmatic differences empathy and a deeper understanding of partner within the models. The goal of mentoring programs issues, and result in more refined solutions to is to provide youth with positive adult contact and, existing problems. thereby, reduce risk factors (e.g., early antisocial behavior, alienation, lack of commitment to school) MOUs Identify the Structure by enhancing protective factors (e.g., healthy beliefs, for the Partnership opportunities for involvement, and social and The MOU provides a structure for a working material reinforcement for appropriate behavior). relationship and clarifies what each of the Mentors provide youth with personal connected- partners will do to further the collaboration. The ness, supervision and guidance, skills training, MOU identifies the specific resources that will career or cultural enrichment opportunities, a support the partnership and defines how each knowledge of spirituality and values and, perhaps will be used. In addition, language clarifying the most importantly, goals and hope for the future. type of staff, scope of work, job descriptions, and 29 Tips and Strategies for Writing MOUs

Tip Identify all individuals/entities that will be involved in the MOU agreement and hold a meeting to identify the shared functions, services and/or resources that will support 1 the collaboration. Discuss a plan as to how the parties/entities can and may operate together to deliver services and/or share resources.

Tip Write out the primary purpose or main goal(s)/objective(s) of the agreement and determine what specific outcomes are expected. The purpose statement can include 2 an identification of the parties involved, as well as the terms and conditions of the agreement. Depending on the style and complexity of the agreement, some documents begin with an opening statement or preamble that introduces the names of the parties/ entities that are involved in the agreement.

Tip Determine a timeline as to when the partnership and agreement will begin and when it will end. Be specific regarding the dates and any other terms determined to be of 3 importance. Sample timeline statement: This agreement will be active from September 1, 2011, to August 31, 2012. It can be amended by mutual agreement at any time during the year. In the event that either party wants to be released from this agreement, 90 days written notice to the other party would be required.

Tip Write down and determine which organization will be responsible for what pieces 4 of work, services and/or resources. Sample partnership responsibility statement: Each party hereby agrees to the following administrative responsibilities. A. Dependency Court will (list agreements). B. Mentoring program will (list agreements). C. Dependency Court and mentoring program will (list agreements). Tip Draft the MOU based on the decisions that were made during the meeting, 5 then let all parties review, sign, date and authorize the document.

30 MOU Policy and Programmatic Discussion Points

n Discuss geographic and demographic n Discuss referrals within the context of voluntary considerations when making and accepting referrals and/or involuntary referrals of referrals of Dependency Court involved youth Dependency Court involved youth for for the delivery of mentoring services. mentoring services. n Discuss the allowable ages of Dependency Court n Discuss your individualized considerations and involved youth who are eligible for referrals of requirements for mentoring programs to consider mentoring services. when Dependency Court youth are referred for mentoring services and for Dependency Court n Discuss the characteristics and challenges to consider when making referrals to a mentoring typically associated with youth who are involved program. with the Dependency Court. n Discuss all local mentoring programs within the n Discuss the differences and/or similarities between context of various mentoring models and services the most common Juvenile Justice settings to which may and/or may not be appropriate for include: Dependency Court, Delinquency Court, Dependency Court involved youth of varying ages. Teen Court/Youth Court diversion program, Juvenile Probation, Juvenile Correctional Facility n Discuss any statutory and/or legal considerations and Juvenile Detention Facility. to consider when Dependency Court youth are referred for mentoring services. n Discuss the specific individuals who have authority to make referrals of Dependency Court involved n Discuss how youth with both Dependency Court youth for the delivery of mentoring services. and Delinquency Court involvement will be handled when making referrals of these high-risk n Discuss the numerous Dependency Court youth for the delivery of mentoring services. hearings within the context of which one(s) are appropriate to making well informed decisions to n Discuss match termination and emergency issues refer youth for the delivery of mentoring services. within the context of how it will be handled for Dependency Court involved youth engaged in n Discuss having an agreed upon, formal written a current mentoring match. referral policy which takes into consideration a wide range of factors to be discussed and agreed n Discuss the Dependency Court Profile and upon between the Dependency Court and Dependency Court PowerPoint Presentation listed mentoring program. below under Training and Technical Assistance Resources, in addition to other helpful resources n Discuss creating a visual referral flowchart for provided on the next page. the Dependency Court and mentoring program, including a wide range of steps from making the referral to match termination, among other actions as related to mentoring Dependency Court involved youth.

31 Training and Technical Assistance Resources Dependency Courts and Mentoring Programs

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition, Checklist for Mentoring Programs

For free, downloadable versions of these resources, visit:

MENTOR at http://www.mentoring.org/pro- gram_resources/Researching_the_Referral_ Stage/;Global Youth Justice at http://www.globalyouthjustice.org/Mentoring. html; and

National Partnership for Juvenile Services at http://www.npjs.org/highriskyouth.php

PROJECT PARTNERS Teen Court/Youth Court Programs and Mentoring 3 Memorandum of Understanding

Researching the Referral Stage of Youth Mentoring in Six Juvenile Justice Settings 3 Overview

What is a Memorandum commitments between partners to meet mutually of Understanding? agreed upon goals. A Memorandum of Understanding (MOU) is often explained as a document used to describe Teen Court/Youth Court Program Description a common understanding of a working relationship between two (2) or more parties/entities. It is not as These are Juvenile Justice diversion programs in binding as a contract, but it outlines a commitment which juveniles are sentenced by their peers for to work together collaboratively toward the same minor crimes, offenses and/or violations. These purpose or goal(s) and objective(s) and, related to juvenile diversion programs are administered the use of shared work, services and/or resources. on a local level by law enforcement agencies, A good MOU can foster effective communication probation departments, delinquency courts, schools between/among partners, increase access to a wide and local nonprofit organizations. These programs range of resources, strengthen existing and new offer communities an opportunity to provide partnerships and provide a framework for addressing immediate consequences for primarily first-time issues of mutual concern. juvenile offenders, and they also offer important civic, service and volunteer opportunities for Why is a Memorandum volunteer youth who serve as judges, defenders, of Understanding Important? prosecutors, clerks and jurors. MOUs build collaborative relationships: The process of negotiating a MOU between a mentoring program Mentoring Program Description and a Juvenile Justice partner can help build a more Mentoring involves a non-parental adult who plays an collaborative working relationship, provide more important role in promoting healthy development for empathy and a deeper understanding of partner youth. There are many mentoring models and even issues, and result in more refined solutions to more programmatic differences within the different problems. mentoring models. The goal of mentoring programs is to provide youth with positive adult contact and, MOUs Identify the Structure thereby, reduce risk factors (e.g., early antisocial for the Partnership behavior, alienation, lack of commitment to school) The MOU provides a structure for a working by enhancing protective factors (e.g., healthy beliefs, relationship and clarifies what each of the opportunities for involvement, and social and material partners will do to further the collaboration. The reinforcement for appropriate behavior). Mentors MOU identifies the specific resources that will provide youth with personal connectedness, support the partnership and defines how each will supervision and guidance, skills training, career or be used. In addition, language clarifying the type of cultural enrichment opportunities, a knowledge of staff, scope of work, job descriptions, and provided spirituality and values and, perhaps most importantly, services help to formalize the partnership. Most goals and hope for the future. importantly, the MOU defines the specific 37 Tips and Strategies for Writing MOUs

Tip Determine a timeline as to when the partnership and agreement will begin and when it will end. Be specific regarding the dates and any other terms determined to be of importance.

Tip Write down and determine which organization will be responsible for what pieces of work, services and/or resources.

Sample partnership responsibility statement: Each party hereby agrees to the 4 following administrative responsibilities. A. Teen Court/Youth Court Diversion Program will (list agreements). B. Mentoring program will (list agreements). C. Teen Court/Youth Court and mentoring program will (list agreements).

Tip Draft the MOU based on the decisions that were made during the meeting, 5 then let all parties review, sign, date and authorize the document.

38 MOU Policy and Programmatic Discussion Points

n Discuss how Teen Court/Youth Court n Discuss referrals of youth from Teen Court/Youth Diversion Programs are operated by a wide range Court Diversion Programs within the context of of agencies and organizations to include public “formal attests” and/or “informal arrests” and and private entities and how this relates to implications on making referrals of such youth for referrals of these youth to mentoring programs. the delivery of mentoring services. n Discuss geographic and demographic n Discuss having an agreed upon, formal written considerations when making and accepting referral policy which takes into consideration a referrals of Teen Court/Youth Court Diversion wide range of factors to be discussed and agreed Program involved youth for the delivery of upon between a Teen Court/Youth Court Diversion mentoring services. Program and mentoring program. n Discuss the allowable ages of Teen Court/Youth n Discuss creating a visual referral flowchart for the Court Diversion involved youth who are eligible Teen Court/Youth Court Diversion Program and for referrals of mentoring services. mentoring program, including a wide range of steps from making the referral to match n Discuss the characteristics and challenges termination, among other actions as related to typically associated with youth who are involved mentoring Teen Court/Youth Court Diversion with the Teen Court/Youth Court Diversion Programs involved youth. Program.

n Discuss how referrals of youth from Teen Court/ n Discuss the differences and/or similarities between Youth Court Diversion Programs can include the most common Juvenile Justice settings to youth who are juvenile offenders and/or youth include: Dependency Court, Delinquency Court, volunteers who are former offenders within the Teen Court/Youth Court diversion program, context of making referrals of these youth for Juvenile Probation, Juvenile Correctional Facility mentoring services. and Juvenile Detention Facility.

n Discuss referrals within the context of voluntary n Discuss the specific individuals who have referrals and/or involuntary referrals of Teen Court/ authority to make referrals of Teen/Youth Court Youth Court Diversion Program involved youth for Diversion Program involved youth for the delivery mentoring services. of mentoring services.

n Discuss your individualized considerations and n Discuss the high-risk youth referral sources requirements for mentoring programs to consider of origin for Teen Court/Youth Court Diversion when Teen Court/Youth Court Diversion Program Programs within the context of statutes, laws youth are referred for mentoring services and for and/or other programmatic and policy implications Teen Court/Youth Court Diversion Program to when referring youth for the delivery of mentoring consider when making referrals to a mentoring services. program. n Discuss referrals of youth from Teen Court/Youth n Discuss all local mentoring programs within the Court Diversion Programs who are re-arrested context of various mentoring models and services for a subsequent juvenile crime, offense and/or which may and/or may not be appropriate for Teen violation after the referral has been made and Court/Youth Court Diversion Program involved before the formal mentoring match has taken youth of varying ages. place.

39 MOU Policy and Programmatic Discussion Points Continued

n Discuss any statutory and/or legal considerations n Discuss how to handle match termination and to consider when Teen Court/Youth Court emergency issues for Teen Court/Youth Court Diversion Program youth are referred for Diversion Program involved youth engaged in mentoring services. a current mentoring match.

n Discuss how youth with Dependency Court, n Discuss the Teen Court/Youth Court Diversion Delinquency Court and Teen Court/Youth Program Profile and PowerPoint Presentation Diversion Program involvement will be handled listed below under Training and Technical when making referrals of these high-risk youth for Assistance Resources, in addition to other the delivery of mentoring services. helpful resources provided below.

Training and Technical Assistance Resources Teen/Youth Courts and Mentoring Programs

OJJDP Research Report on Referring High Risk For free, downloadable versions of these Youth for Mentoring Services – Full Report resources, visit:

OJJDP Research Report on Referring High Risk MENTOR at http://www.mentoring.org/program_ Youth for Mentoring Services – Executive Summary resources/Researching_the_Referral_Stage/; Global Youth Justice at Juvenile Justice Journal on Referring High Risk http://www.globalyouthjustice.org/Mentoring.html; and Youth for Mentoring Services – Special Edition National Partnership for Juvenile Services Memorandums of Understanding at http://www.npjs.org/highriskyouth.php Six Resource Guides for Developing MOUs for Juvenile Justice and Mentoring Services Websites of Interest

PowerPoint Presentations for Office of Juvenile Justice and Delinquency Six Juvenile Justice Settings and Mentoring Prevention – Mentoring Resources http://www.ojjdp.gov/programs/mentoring.html Six Technical Assistance Profiles: Examining the Referral Stage for Mentoring Office of Juvenile Justice and Delinquency High-Risk Youth Prevention – Model Program Guide/Mentoring http://www.ojjdp.gov/mpg/progTypesMentoring.aspx MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition Global Youth Justice Website – Mentoring High Risk Youth Resources MENTOR’s Elements of Effective Practice http://www.globalyouthjustice.org/Mentoring.html For Mentoring™ Toolkit — Juvenile Justice Section National Partnership for Juvenile Services – Mentoring High Risk Youth Resources MENTOR’s Elements of Effective Practice http://www.npjs.org/ For Mentoring™, Third Edition, Checklist for Mentoring Programs MENTOR: The National Mentoring Partnership http://www.mentoring.org/

PROJECT PARTNERS Juvenile Corrections and Mentoring 4 Memorandum of Understanding

Researching the Referral Stage of Youth Mentoring in Six Juvenile Justice Settings 4 Overview

What is a Memorandum each will be used. In addition, language clarifying the of Understanding? type of staff, scope of work, job descriptions, and provided services help to formalize the partnership. A Memorandum of Understanding (MOU) is Most importantly, the MOU defines the specific often explained as a document used to describe commitments between partners to meet mutually a common understanding of a working relationship agreed upon goals. between two (2) or more parties/entities. The document is not as binding as a contract, but it outlines a commitment between the parties/entities Juvenile Corrections Description to work together collaboratively toward the same This is a secure facility that has physical features purpose or goal(s) and objective(s) and, related to that restricts the movement of adjudicated the use of shared work, services and/or resources. delinquent juveniles who are held in the facility A good MOU can foster effective communication as the delinquency court’s disposition. Corrections 4 between/among partners, increase access to a wide (Juvenile) is often described as long term range of resources, strengthen existing and new out-of-home placement in comparison to partnerships and provide a framework for addressing Detention (Juvenile). issues of mutual concern. Mentoring Program Description Why is a Memorandum Mentoring involves a non-parental adult who of Understanding Important? plays an important role in promoting healthy MOUs build collaborative relationships: The process development for youth. There are many mentoring of negotiating a MOU between a mentoring program models and even more programmatic differences and a Juvenile Justice partner can help build a more within the different mentoring models. The goal of collaborative working relationship, provide more mentoring programs is to provide youth with positive empathy and a deeper understanding of partner adult contact and, thereby, reduce risk factors issues, and result in more refined solutions to (e.g., early antisocial behavior, alienation, lack of existing problems. commitment to school) by enhancing protective factors (e.g., healthy beliefs, opportunities for MOUs Identify the Structure involvement, and social and material reinforcement for the Partnership for appropriate behavior). Mentors provide youth The MOU provides a structure for a working with personal connectedness, supervision and relationship and clarifies what each of the guidance, skills training, career or cultural partners will do to further the collaboration. enrichment opportunities, a knowledge of spirituality The MOU identifies the specific resources that and values and, perhaps most importantly, goals will support the partnership and defines how and hope for the future.

45 Tips and Strategies for Writing MOUs

Tip Determine a timeline as to when the partnership and agreement will begin and when it will end. Be specific regarding the dates and any other terms determined to be of importance.

Tip Write down and determine which organization will be responsible for what pieces of work, services and/or resources.

Sample partnership responsibility statement: Each party hereby agrees to the 4 following administrative responsibilities. A. The Juvenile Corrections facility will (list agreements). B. Mentoring program will (list agreements). C. The Juvenile Corrections facility and mentoring program will (list agreements).

Tip Draft the MOU based on the decisions that were made during the meeting, 5 then let all parties review, sign, date and authorize the document.

46 MOU Policy and Programmatic Discussion Points

n Discuss geographic and demographic consid- n Discuss your individualized considerations and erations when making and accepting referrals of requirements for mentoring programs to consider Juvenile Corrections involved youth for the delivery when Juvenile Corrections youth are referred for of mentoring services. mentoring services and for Juvenile Corrections n Discuss the allowable ages of Juvenile to consider when making referrals to a mentoring Corrections involved youth who are eligible for program.

referrals of mentoring services. n Discuss all local mentoring programs within n Discuss the characteristics and challenges the context of various mentoring models and typically associated with youth who are involved services which may and/or may not be with Juvenile Corrections. appropriate for Juvenile Corrections involved youth of varying ages. n Discuss the differences and/or similarities between the most common Juvenile Justice settings to n Discuss any statutory and/or legal considerations include: Dependency Court, Delinquency Court, to consider when Juvenile Corrections youth are Teen Court/Youth Court diversion program, referred for mentoring services.

Juvenile Probation, Juvenile Corrections Facility n Discuss how youth with Juvenile Corrections and Juvenile Detention Facility. involvement will be handled when making referrals n Discuss the specific individuals who have authority of these high-risk youth for the delivery of to make referrals of Juvenile Corrections involved mentoring services.

youth for the delivery of mentoring services. n Discuss match termination and emergency issues n Discuss the admission/screening process to within the context of how it will be handled for Juvenile Corrections and which staff may be most Juvenile Corrections involved youth engaged in appropriate for making well-informed decisions to a current mentoring match.

refer youth for the delivery of mentoring services. n Discuss the Juvenile Corrections Profile and n Discuss having an agreed upon, formal written Juvenile Corrections PowerPoint Presentation referral policy which takes into consideration a listed below under Training and Technical wide range of factors to be discussed and agreed Assistance Resources, in addition to other helpful upon between the Juvenile Corrections Facility resources provided on the next page. and mentoring program. n Discuss creating a visual referral flowchart for the Juvenile Corrections and mentoring program, including a wide range of steps from making the referral to match termination, among other actions as related to mentoring Juvenile Corrections involved youth. n Discuss referrals within the context of voluntary referrals and/or involuntary referrals of Juvenile Corrections involved youth for mentoring services.

47 Training and Technical Assistance Resources Juvenile Corrections and Mentoring Programs

OJJDP Research Report on Referring High Risk Websites of Interest Youth for Mentoring Services – Full Report Office of Juvenile Justice and Delinquency Prevention – Mentoring Resources OJJDP Research Report on Referring High Risk http://www.ojjdp.gov/programs/mentoring.html Youth for Mentoring Services – Executive Summary

Office of Juvenile Justice and Delinquency Juvenile Justice Journal on Referring High Risk Prevention – Model Program Guide/Mentoring Youth for Mentoring Services – Special Edition http://www.ojjdp.gov/mpg/progTypesMentoring.aspx Memorandums of Understanding Global Youth Justice Website – Mentoring High Risk Six Resource Guides for Developing MOUs Youth Resources for Juvenile Justice and Mentoring Services http://www.globalyouthjustice.org/Mentoring.html PowerPoint Presentations for National Partnership for Juvenile Services – Six Juvenile Justice Settings and Mentoring Mentoring High Risk Youth Resources Six Technical Assistance Profiles: http://www.npjs.org/ Examining the Referral Stage for Mentoring MENTOR: The National Mentoring Partnership High-Risk Youth http://www.mentoring.org/ MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition, Checklist for Mentoring Programs

For free, downloadable versions of these resources, visit:

MENTOR at http://www.mentoring.org/program_ resources/Researching_the_Referral_Stage/;

Global Youth Justice at http://www.globalyouthjustice.org/Mentoring. html; and

National Partnership for Juvenile Services at http://www.npjs.org/highriskyouth.php

PROJECT PARTNERS Juvenile Detention and Mentoring 5 Memorandum of Understanding

Researching the Referral Stage of Youth Mentoring in Six Juvenile Justice Settings 5 Overview

What is a Memorandum provided services help to formalize the partnership. of Understanding? Most importantly, the MOU defines the specific commitments between partners to meet mutually A Memorandum of Understanding (MOU) is agreed upon goals. often explained as a document used to describe a common understanding of a working relationship between two (2) or more parties/entities. The docu- Juvenile Detention Description ment is not as binding as a contract, but it outlines This is a legally-authorized temporary secure a commitment between the parties/entities to work custody of juveniles who are accused of illegal together collaboratively toward the same purpose conduct subject to the jurisdiction of the court and or goal(s) and objective(s) and, related to the use of who require a restricted environment for their own shared work, services and/or resources. A good or the community’s protection while pending legal MOU can foster effective communication between/ action. Detention (Juvenile) is often described as among partners, increase access to a wide range of short-term, immediate, out-of-home placement in resources, strengthen existing and new partnerships comparison to Corrections (Juvenile). Some, not all and provide a framework for addressing issues of of the youth in Detention (Juvenile) are transferred mutual concern. to a Corrections Facility (Juvenile) based on a finding of guilt and the discretion of the court. Why is a Memorandum of Understanding Important? Mentoring Program Description MOUs build collaborative relationships: The process Mentoring involves a non-parental adult who of negotiating a MOU between a mentoring program plays an important role in promoting healthy and a Juvenile Justice partner can help build a more development for youth. There are many mentoring collaborative working relationship, provide more models and even more programmatic differences empathy and a deeper understanding of partner within the different mentoring models. The goal of issues, and result in more refined solutions to mentoring programs is to provide youth with positive existing problems. adult contact and, thereby, reduce risk factors (e.g., early antisocial behavior, alienation, lack of MOUs Identify the Structure for the commitment to school) by enhancing protective Partnership factors (e.g., healthy beliefs, opportunities for The MOU provides a structure for a working involvement, and social and material reinforcement relationship and clarifies what each of the for appropriate behavior). Mentors provide youth partners will do to further the collaboration. The with personal connectedness, supervision and MOU identifies the specific resources that will guidance, skills training, career or cultural support the partnership and defines how each will enrichment opportunities, a knowledge of spirituality be used. In addition, language clarifying the type and values and, perhaps most importantly, goals of staff, scope of work, job descriptions, and and hope for the future. 53 Tips and Strategies for Writing MOUs

Tip Determine a timeline as to when the partnership and agreement will begin and when it will end. Be specific regarding the dates and any other terms determined to be of importance.

Tip Write down and determine which organization will be responsible for what pieces of work, services and/or resources.

Sample partnership responsibility statement: Each party hereby agrees to the 4 following administrative responsibilities. A. The Juvenile Detention Center will (list agreements). B. Mentoring program will (list agreements). C. The Juvenile Detention Center and mentoring program will (list agreements).

Tip Draft the MOU based on the decisions that were made during the meeting, 5 then let all parties review, sign, date and authorize the document.

54 MOU Policy and Programmatic Discussion Points

n Discuss geographic and demographic n Discuss referrals within the context of voluntary considerations when making and accepting referrals and/or involuntary referrals of Juvenile referrals of Juvenile Detention involved youth Detention involved youth for mentoring services. for the delivery of mentoring services. n Discuss your individualized considerations and n Discuss the allowable ages of Juvenile requirements for mentoring programs to consider Detention involved youth who are eligible for when Juvenile Detention youth are referred for referrals of mentoring services. mentoring services and for Juvenile Detention to consider when making referrals to a mentoring n Discuss the characteristics and challenges program. typically associated with youth who are involved

with Juvenile Detention. n Discuss all local mentoring programs within the context of various mentoring models and services n Discuss the differences and/or similarities between which may and/or may not be appropriate for the most common Juvenile Justice settings to Juvenile Detention involved youth of varying ages. include: Dependency Court, Delinquency Court,

Teen Court/Youth Court diversion program, n Discuss any statutory and/or legal considerations Juvenile Probation, Juvenile Corrections Facility to take in to consideration when Juvenile and Juvenile Detention Facility. Detention youth are referred for mentoring services. n Discuss the specific individuals who have author-

ity to make referrals of Juvenile Detention involved n Discuss how youth with Juvenile Detention youth for the delivery of mentoring services. involvement will be handled when making referrals of these high-risk youth for the delivery n Discuss the admission/screening process to of mentoring services. Juvenile Detention and which staff may be most

appropriate for making well-informed decisions to n Discuss match termination and emergency issues refer youth for the delivery of mentoring services. within the context of how it will be handled for Juvenile Detention involved youth engaged in n Discuss having an agreed upon formal written a current mentoring match. referral policy which takes into consideration a

wide range of factors to be discussed and agreed n Discuss the Juvenile Detention Profile and upon between the Juvenile Detention Center and Juvenile Detention PowerPoint Presentation listed mentoring program. below under Training and Technical Assistance Resources, in addition to other helpful resources n Discuss creating a visual referral flowchart for provided on the next page. the Juvenile Detention and mentoring program, including a wide range of steps from making the referral to match termination, among other actions as related to mentoring Juvenile Detention involved youth.

55 Training and Technical Assistance Resources Juvenile Detention and Mentoring Programs

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition, Checklist for Mentoring Programs

For free, downloadable versions of these resources, visit:

MENTOR at http://www.mentoring.org/program_ resources/Researching_the_Referral_Stage/;

Global Youth Justice at http://www.globalyouthjustice.org/Mentoring. html; and

National Partnership for Juvenile Services at http://www.npjs.org/highriskyouth.php

PROJECT PARTNERS Juvenile Probation and Mentoring 6 Memorandum of Understanding

Researching the Referral Stage of Youth Mentoring in Six Juvenile Justice Settings 6 Overview

What is a Memorandum will be used. In addition, language clarifying the of Understanding/MOU? type of staff, scope of work, job descriptions, and provided services help to formalize the partnership. A Memorandum of Understanding (MOU) is Most importantly, the MOU defines the specific often explained as a document used to describe commitments between partners to meet mutually a common understanding of a working relationship agreed upon goals. between two (2) or more parties/entities. The document is not as binding as a contract, but it outlines a commitment between the parties/entities to work Juvenile Probation Description together collaboratively toward the same purpose This is a sentence not involving confinement that or goal(s) and objective(s) and, related to the use imposes conditions and retains authority in of shared work, services and/or resources. A good sentencing court to modify conditions of sentence MOU can foster effective communication between/ or resentence of the juvenile offender for probation among partners, increase access to a wide range of violations. Counties and cities often elect to have resources, strengthen existing and new partnerships Juvenile Probation operate within an independent and provide a framework for addressing issues of Probation agency, or Juvenile Probation will operate mutual concern. under the jurisdiction of the Delinquency Court.

Why is a Memorandum of Understanding/ Mentoring Program Description MOU Important? Mentoring involves a non-parental adult who MOUs build collaborative relationships: The process plays an important role in promoting healthy of negotiating a MOU between a mentoring program development for youth. There are many mentoring and a Juvenile Justice partner can help build a more models and even more programmatic differences collaborative working relationship, provide more within the different mentoring models. The goal of empathy and a deeper understanding of partner mentoring programs is to provide youth with positive issues, and result in more refined solutions to adult contact and, thereby, reduce risk factors existing problems. (e.g., early antisocial behavior, alienation, lack of commitment to school) by enhancing protective MOUs Identify the Structure factors (e.g., healthy beliefs, opportunities for for the Partnership involvement, and social and material reinforcement The MOU provides a structure for a working for appropriate behavior). Mentors provide youth relationship and clarifies what each of the with personal connectedness, supervision and partners will do to further the collaboration. The guidance, skills training, career or cultural MOU identifies the specific resources that will enrichment opportunities, a knowledge of spirituality support the partnership and defines how each and values and, perhaps most importantly, goals and hope for the future.

61 Tips and Strategies for Writing MOUs

Tip Determine a timeline as to when the partnership and agreement will begin and when it will end. Be specific regarding the dates and any other terms determined to be of importance.

Tip Write down and determine which organization will be responsible for what pieces of work, services and/or resources.

Sample partnership responsibility statement: Each party hereby agrees to the 4 following administrative responsibilities. A. Juvenile Probation will (list agreements). B. Mentoring program will (list agreements). C. The Juvenile Probation and mentoring program will (list agreements).

Tip Draft the MOU based on the decisions that were made during the meeting, 5 then let all parties review, sign, date and authorize the document.

62 MOU Policy and Programmatic Discussion Points

n Discuss geographic and demographic n Discuss referrals within the context of voluntary considerations when making and accepting referrals and/or involuntary referrals of Juvenile referrals of Juvenile Probation involved youth Probation involved youth for mentoring services. for the delivery of mentoring services. n Discuss your individualized considerations and n Discuss the allowable ages of Juvenile requirements for mentoring programs to consider Probation involved youth who are eligible for when Juvenile Probation youth are referred for referrals of mentoring services. mentoring services and for Juvenile Probation to consider when making referrals to a mentoring n Discuss the characteristics and challenges program. typically associated with youth who are involved

with Juvenile Probation. n Discuss all local mentoring programs within the context of various mentoring models and services n Discuss the differences and/or similarities between which may and/or may not be appropriate for the most common Juvenile Justice settings to Juvenile Probation involved youth of varying ages. include: Dependency Court, Delinquency Court,

Teen Court/Youth Court diversion program, n Discuss any statutory and/or legal considerations Juvenile Probation, Juvenile Corrections Facility to take in to consideration when Juvenile and Juvenile Detention Facility. Probation youth are referred for mentoring services. n Discuss the specific individuals who have

authority to make referrals of Juvenile n Discuss how youth with Juvenile Probation Probation involved youth for the delivery of involvement will be handled when making referrals mentoring services. of these high-risk youth for the delivery of mentoring services. n Discuss the admission/screening process to

Juvenile Probation and which staff may be most n Discuss match termination and emergency issues appropriate for making well-informed decisions to within the context of how it will be handled for refer youth for the delivery of mentoring services. Juvenile Probation involved youth engaged in a current mentoring match. n Discuss having an agreed upon, formal written

referral policy which takes into consideration a n Discuss the Juvenile Probation Profile and wide range of factors to be discussed and agreed Juvenile Probation PowerPoint Presentation upon between the Juvenile Probation and listed below under Training and Technical mentoring program. Assistance Resources, in addition to other helpful resources provided on the next page. n Discuss creating a visual referral flowchart for the Juvenile Probation and mentoring program, including a wide range of steps from making the referral to match termination, among other actions as related to mentoring Juvenile Probation involved youth.

63 Training and Technical Assistance Resources Juvenile Probation and Mentoring Programs

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition, Checklist for Mentoring Programs

For free, downloadable versions of these resources, visit:

MENTOR at http://www.mentoring.org/program_ resources/Researching_the_Referral_Stage/;

Global Youth Justice at http://www.globalyouthjustice.org/Mentoring. html; and

National Partnership for Juvenile Services at http://www.npjs.org/highriskyouth.php

PROJECT PARTNERS TECHNICAL ASSISTANCE PROFILE Examining the Referral Stage for Mentoring High-Risk Youth In Six Different Juvenile Justice Settings Dependency Court, Delinquency Court, Juvenile Detention, Juvenile Corrections, Juvenile Probation and Teen Court/Youth Court Diversion Programs

Delinquency Court and Mentoring THE REFERRAL STAGE

Written by: Scott Bernard Peterson 1

Delinquency Court and Mentoring

Delinquency Courts have jurisdiction over juveniles, juvenile delinquents, status offenders and Children and Youth in Need of Supervision. All Juvenile Courts are civil bodies. This means that juveniles cannot acquire a criminal record directly from Delinquency Court actions, where the actions remain confined to the Delinquency Court. The Delinquency Court is most commonly associated with the Juvenile Justice System and juveniles who have committed a crime, offense and/or violation.

Mentoring Program Description Geographic and Demographic Mentoring involves a non-parental adult who Characteristics plays an important role in promoting healthy Referrals of Delinquency Court involved youth for development for youth. There are many mentoring the delivery of local mentoring services are often models and even more programmatic differences made and/or approved by governmental agencies within the different mentoring models. The goal of representing county and state level jurisdictions, mentoring programs is to provide youth with positive and, therefore, it is important for mentoring and adult contact and, thereby, reduce risk factors Delinquency Court staff to discuss geographic (e.g., early antisocial behavior, alienation, lack of barriers when making and accepting referrals commitment to school) by enhancing protective of Delinquency Court involved youth. factors (e.g., healthy beliefs, opportunities for involvement, and social and material reinforcement for appropriate behavior). Mentors provide youth with personal connectedness, supervision and guidance, skills training, career or cultural enrichment opportunities, a knowledge of spirituality and values and, perhaps most importantly, goals and hope for the future.

69 Possible Challenges of Youth Involved with the Delinquency Court (Ages 6-18)

Individual

n Antisocial/delinquent beliefs

n General delinquency involvement

n High alcohol/drug use

n Lack of guilt and empathy

n Physical violence/aggression

n Violent victimization

Family

n Delinquent/gang-involved siblings

n Lack of orderly and structured activities within the family

n Parental use of physical punishment/harsh and/or erratic discipline practices

n Poor parental supervision (control, monitoring and child management)

School

n Frequent truancy/absences/suspensions; expelled from school; dropping out of school

n Low academic aspirations

n Low school attachment/bonding/motivation/commitment

n Poor school attitude/performance; academic failure

n Poor student-teacher relations

n Poorly defined rules and expectations for appropriate conduct

n Poorly organized and functioning schools/inadequate school climate/negative labeling by teachers

Peer

n Association with antisocial/aggressive/delinquent peers; high peer delinquency

n Association with gang-involved peers/relatives

n Peer rejection

70 1 FREQUENTLY ASKED QUESTIONS Referring Delinquency Court Youth to Mentoring Programs

What is the difference between a Juveniles referred to these placements include those Dependency Court, Delinquency Court and formally arrested and involved with the Delinquency a Teen Court/Youth Court program? Court and other juveniles not formally arrested, The Delinquency Court is most commonly pending successful completion of imposed associated with the Juvenile Justice System and sanctions. juveniles who have committed a crime, offense The Juvenile Review Board process is an and/or violation. The Dependency Court is most approximately one-hour group meeting to determine commonly associated with foster care, abuse and placements, referrals, service needs and/or neglect issues involving youth younger than 18 years mandated community services sanctions. of age. Teen Court/Youth Court diversion programs Participants in the Juvenile Review Board include are juvenile justice diversion programs and are the youthful offender, parent(s), guardian(s), adult administered on a local level by law enforcement volunteers (typically between six and eight) and agencies, probation departments, Delinquency often staff from a local mentoring program. A similar Courts, schools and nonprofit organizations. approach called “Family Group Conferencing” is utilized in the Dependency Court and “Circle Who refers youth in Delinquency Courts Sentencing” is often utilized in Native American to mentoring programs? and Alaskan Native Tribes. Referral for mentoring The point of referral for the delivery of mentoring services is a recommendation and not mandatory, services in Delinquency Courts is rarely at the time although referrals are strongly encouraged. Formal of arrest or apprehension by a law enforcement referrals from mentoring services are made by agency. A juvenile formally arrested by a law the adult coordinator in charge of the Juvenile enforcement agency is most often referred to the Review Board. Probation Department or the Delinquency Court. In some jurisdictions, Juvenile Probation Departments What is an embedded program and how are under the authority of Adult Probation, and in is it important to a successful mentoring other jurisdictions, Juvenile Probation is under the program in a Delinquency Court setting? authority of the Delinquency Court. In Delinquency An embedded mentoring program within a Courts and Juvenile Probation, referrals for Delinquency Court is most often one which is directly mentoring services are made by probation officers, operated by the Delinquency Court and/or the judges, magistrates, social workers, public Delinquency Court contracts out for the delivery defenders and other adults in various positions of mentoring services to a public or private entity, with the Administrative Office of the Courts. while maintaining administrative authority. Juveniles formally and informally arrested are often Delinquency Court embedded mentoring programs referred to juvenile diversion programs or mandated are operational on a local municipal level – not community service organizations, among other a state level. Embedded Delinquency Court placements. These referrals of juveniles for mentoring programs may also be operated by disposition and adjudication are directly from a the municipality in a Youth Bureau, Youth Services law enforcement agency with formal approval from and/or other related public agency. the judiciary and/or senior elected public official. Examples range from Teen Court/Youth Court diversion programs to Juvenile Review Boards.

71 FREQUENTLY ASKED QUESTIONS continued

Embedded mentoring programs also exist in higher-risk Delinquency Court youth who are Delinquency Court diversion programs such as more likely to be a danger to themselves and/ Juvenile Review Boards. Juvenile Review Boards or someone else; and are often municipal-operated mechanisms to divert (7) Mentoring programs and Dependency Court Delinquency Court youth with no previous court staff need to discuss types of mentoring services history who have committed minor delinquent acts offered by a local mentoring program(s) and what or whose behavior at home or school (e.g., running type of mentoring service is age appropriate and away or defying school rules) indicates they are at individualized based on need(s). risk of delinquency. A Memorandum of Understanding and a Case How are strong mentoring relationships Referral Flow-Chart delineate important roles and formed between mentoring programs and steps which foster a more favorable working the Delinquency Court? relationship between the Delinquency Court and Delinquency Courts and mentoring programs benefit the mentoring program(s). from having an agreed upon, formal written referral policy which takes in to consideration a wide range Are nonembedded mentoring programs of factors to be discussed and agreed upon to successful in working with Delinquency include: Court youth? More often than not, private organizations are the (1) Referrals of juveniles for the delivery of mentoring entity operating and providing mentoring services to services is voluntary and not a mandated the Delinquency Court, rather than the Delinquency Delinquency Court imposed sanction; Court operating an embedded mentoring program. (2) Referrals of Delinquency Court involved youth These private organizations can be successful should not proceed to a formal mentoring match on a number of fronts with regard to delivering until the final determination of any pending mentoring services to high-risk youth in the charges in the Delinquency Court are determined; Delinquency Court. There are a wide range of (3) Mentoring programs need to be realistic and administrative and operational factors to consider specific with Delinquency Court staff regarding which will result in successful or unsuccessful referral long waiting lists and relatively accurate to mentoring services. assessments of when these high-risk youth Flow-Charts and/or Memorandums of referrals will be placed in mentoring relationships; Understanding (MOUs) around making and (4) Confidentiality and information sharing release accepting referrals support stronger and longer forms and policies need to be agreed upon and lasting working relationships between Delinquency adhered to; Courts and mentoring programs. Mentoring programs with a specific or sole focus on serving (5) Mentoring programs offering specific training for Delinquency Court involved youth are purposely adults matched with high-risk youth benefits the better equipped to handle a wide range of issues mentored youth and the adult mentor; associated with the Juvenile Justice System. (6) Delinquency Courts and mentoring programs each need to come up with their own policies Were youth in Delinquency Courts willing regarding making and accepting referrals of to participate in mentoring programs? Delinquency Court involved high-risk youth participate in mentoring programs. Referrals 72 of high-risk youth participating in mentoring matches for these youth. While background checks should began as referrals from the Delinquency Court and/ always be mandatory, additional screening to include or another entity legally operating on behalf of the interviews and other tactics can be deployed to Delinquency Court – such as Juvenile Probation, reduce match termination rates. Juvenile Review Boards and Teen Court/Youth Court Referrals need to be assessed for dual adjudicatory Diversion Programs, among others. The Delinquency issues when looking at referrals from the Court has no legal authority for mandating high-risk Dependency Court, as additional information is youth be matched with an adult mentor. This is often necessary before approving a referral for the different from the Dependency Court, as it often delivery of mentoring services. Often, the same acts as the legal custodian of high-risk youth, and judge for Dependency Court issues is the same therefore can act in the best interests of the youth, judge for Delinquency Court issues and, therefore, or include the delivery of mentoring services. accessing dual adjudicatory issues is more Mentoring services are primarily viewed as a manageable. wrap-around service.

What are the primary considerations for Are there any Delinquency Court statutory mentoring programs when Delinquency requirements related to mentoring? Court youth are referred for mentoring Staff in Delinquency Courts and mentoring programs services? seeking to refer high-risk Delinquency Court involved The Delinquency Court handles cases involving youth for mentoring services are often under a time high-risk youth who have committed one (1) or more frame of between 90 and 120 days to make crimes, offenses and/or violations. Some youth referrals for mentoring services. State statutes vary appearing in a Delinquency Court may have had no with regard to the mandatory time frame for prior contact with the Delinquency Court, whereas adjudication of juveniles. This time frame can and other youth are likely more serious, violent and does vary based on judicial discretion and other chronic juvenile offenders. factors, such as dual adjudicatory issues where abuse and neglect is paramount. Formal actions can Referrals of youth from a juvenile diversion program be put into place to extend this time frame, but that may or may not have been formally arrested. Only often only takes place with a subsequent offense formal arrests of juveniles will be referred by the and/or unsuccessful compliance with the approved Delinquency Court. Informal arrests include the imposed sentence. apprehension of juveniles who are most often referred to diversion programs from a law In Dependency Courts, if a youth is removed from enforcement agency, such as the Police Department their home and placed in the custody of the state, or Sheriff’s Department. It is important to examine a judge with jurisdiction and oversight of that youth internal operational and administrative policies as can make a mandatory referral of mentoring they relate to informal and/or formal referrals of services. In Delinquency Courts, a youth may not Delinquency Court and Diversion high-risk youth. be mandated to comply with accepting a referral for mentoring services, as most often these youth are Specialized recruitment, training, screening and not under the care of the state. Mentoring programs matching of adults to serve as mentors for a high- seeking to identify high-risk Delinquency Court risk youth from the Delinquency Court benefit both involved youth should consider their state’s statutory the adult mentor and the youth mentee. Recruitment time frame for juveniles to be adjudicated and can be targeted to adults interested in working with identify point(s) of contact within the Delinquency high-risk youth for a wide variety of reasons. High- Court process. A website listing State-by-State risk youth from the Delinquency Court often present Juvenile Justice Legislation is included at the a unique set of challenges which require specialized bottom of this Technical Assistance Bulletin under training for adults volunteering to serve as a mentor website links. 73 WHAT’S WORKING: Examples of Effective Strategies

Identifying juveniles referred to local and attention to identifying a wide range of community-based diversion programs for risk factors, and respond to these with specific possible mentoring services is one effective wrap-around-services, such as the delivery strategy. An example is the Juvenile Review of mentoring services. Teen Court diversion Board, which is operated in community-based programs are another example of a Juvenile nonprofit organizations, often found in local Justice System intervention program municipal buildings which are geographically successfully working with local mentoring situated to increase community participation programs. A Teen Court/Youth Court diversion in the Juvenile Review Board and to program and mentoring program profile is listed accommodate transportation needs of below under Training and Technical Assistance the youthful offenders and their parent(s)/ Resources. guardian(s). As a result of this close working Providing adult mentors with additional and relationship, Juvenile Review Boards receive ongoing training to improve their ability to be a more referrals of high-risk and at-risk youth, more effective mentor for a high-risk youth from to include referrals for mentoring programs. the Delinquency Court has resulted in longer Juvenile Review Boards often operate as an and stronger relationships. Adult staff from the early intervention program of the Delinquency Delinquency Court and mentoring program Court, and more often than not, there is no have a greater confidence in these adult formal arrest if the juvenile completes the mentors having a higher level of preparedness imposed sanction of the Juvenile Review in their role as a mentor. Mentoring programs Board. with a specific and/or sole purpose of These early intervention programs often divert serving youth from the Delinquency Court have youth from the formal juvenile justice system. an advantageous level of knowledge, skill and They are an effective strategy with regards to ability in providing effective mentoring services identifying youth who are exhibiting early for a wide range of high-risk youth involved with anti-social, delinquent and/or criminal the Juvenile Justice System, which often leads behavior and significantly increase quality time to stronger relationships between mentoring programs and the Delinquency Court.

CHALLENGES AND ACTION STEPS

Challenge #1: More than 90 percent of all high- Delinquency Court or Juvenile Probation for two (2) risk youth formally involved with the Juvenile Justice more months, leaving only between one (1) and two System are not removed from their home for any (2) months for a judge or probation officer to make period of time beyond being detained during the a referral for mentoring services. apprehension and formal arrest. The involvement of * Action Step – Making a “referral” for these high-risk youth with the Delinquency Court is mentoring services is often the only task and role usually three (3) or four (4) months at the maximum. a Delinquency Court judge or Juvenile Probation Often, these high-risk youth are arrested by law officer will assume. It is critical for local mentoring enforcement, and they do not appear before the

74 CHALLENGES AND ACTION STEPS continued programs to establish and maintain positive This poses a challenge in many mentoring programs, working relationships with these individuals. as there are even longer waiting lists for male Mentoring programs are well served to not accept mentors in comparison to female mentors. referrals of high-risk youth from the Delinquency * Action Step – A group mentoring approach Court, if that referral will be placed on a long waiting can be the sole type of mentoring offered and/or list, as this will considerably decrease future referrals group mentoring can take place until a one-to-one from the Delinquency Court. Mentoring programs adult mentor is matched with these high-risk minority should establish avenues for communicating the male referrals. Mentoring programs can also duration of time it will take for Dependency Court undertake targeted recruitment efforts to attract referred high-risk youth will be placed in a mentoring more male mentors. Some mentoring programs match. contact former male mentors and request that they again volunteer as a mentor.

Challenge #2: Referrals of high-risk youth from the Delinquency Court are re-arrested and/or Challenge #4: Youth with dual adjudicatory incarcerated for a subsequent juvenile crime, offense issues include those who are involved with both and/or violation after the mentoring match has been the Dependency Court and Delinquency Court. finalized and the mentoring relationship has begun. This presents a unique and not uncommon set of * Action Step – Mentoring programs should obstacles. Dual adjudicatory status can exist at the establish operational and administrative procedures point of referral for mentoring services and/or after for handling matched high-risk youth from the a formal match has been made. Dependency Court who are re-arrested and/or * Action Step #4 – Mentoring programs and incarcerated. This is especially critical when a Delinquency Courts can reduce match disruption high-risk youth is arrested in another jurisdiction and/or termination by not referring or accepting and there is a second, different Dependency Court. Delinquency Court involved youth who have dual The subsequent arrest could be of a very serious adjudicatory status – unless the mentoring program nature which may require match termination. This is well equipped to understand the complexities second arrest may also result in the high-risk youth involved with youth who have dual adjudicatory being placed in a Juvenile Detention or Juvenile status. Dependency Court issues tend to take Correctional Facility – making it difficult or not precedence over Delinquency Court issues, and possible to continue with the match. In some cases, it is usually not more than a four (4)-month period mentoring programs will be able to continue with where dual adjudicatory status exists, but the mere the mentoring match, and they will just need to fact that a youth has this classification raises a red communicate with additional contacts as they flag. Some referrals are made and accepted if the relate to any subsequent offense. mentoring program has a long waiting list; this has shown to be a proactive approach to the referral being involved with either the Delinquency Challenge #3: Delinquency Courts, Tribal or Dependency Court, not both at the time of Juvenile Courts and mentoring programs all reported making the match. that minority males comprise the highest percentage of referrals of high-risk youth for mentoring services.

75 TERMS AND DEFINITIONS IN THE DELINQUENCY COURT

Adjudication Hearing — the hearing at which the Dual Adjudicatory — a Delinquency Court Juvenile Delinquency Court judge/judicial officer designation for an abused, neglected or dependent determines that a juvenile is responsible for the youth who is also a delinquent youth and vice versa. offense that has been filed. Graduated Sanctions/Responses — an At-Risk and High-Risk Youth — The Office of accountability-based, graduated series of sanctions Juvenile Justice and Delinquency Prevention and incentives, combined with treatment and (OJJDP) defines “at-risk” youth as those with high services, applicable to youth within the Juvenile levels of risk in their family, home, communities and Justice System. social environments to such a degree that it could Judicial Officer — a lawyer appointed by a Juvenile lead to educational failure, dropping out of school or Delinquency judge to hear Juvenile Delinquency involvement in juvenile delinquency and gang-related petitions. May be referred to as Commissioner, offenses. OJJDP defines “high-risk” youth as those Magistrate, Master, Referee or Hearing Officer. with present or past juvenile justice involvement. Juvenile — a youth under the age of majority. Blended Sentencing — the imposition of both The recommended age is usually eighteen (18) juvenile and adult sentences concurrently by the and younger. Juvenile Delinquency Court under certain circumstances. Legal Guardian — an adult who is not the biological parent, or a state or licensed children and Caretaker or Physical Custodian — a person youth agency, who has been given legal authority by who has physical custody but not legal custody a court to provide care and custody of a child/youth. of a youth, such as a foster parent, placement facility or relative without legal custody. Needs Assessment — one tool in the Structured Decision-Making process. It identifies the offender’s Delinquent Youth — a minor who has specific needs and provides part of the foundation committed an act, which under the laws of the for the case plan. jurisdiction would be a crime if committed by an adult. Petition — the document that specifies the violation of law and state statute number described in the Detention Hearing — the first Juvenile Delinquency affidavit that the youth is alleged to have committed. Court hearing regarding an alleged delinquent youth A probable cause statement or affidavit, usually filed who was placed in detention at the time the affidavit by the police, accompanies the petition. and petition were filed or at the time the youth was arrested on a warrant. Post-Disposition Review — hearings held after the Juvenile Delinquency Court has ordered probation, Diversion (Juvenile) — In less serious offenses, treatment services, support services or placement to and if agreed to by the youth and parent/guardian, ensure that the youth, parents, probation, treatment the case is handled through non-judicial alternative and service providers are following through with the services. court ordered and/or court supported plan.

76 Recidivism Rates — There are three (3) common Written Findings and Orders — the document rates of recidivism used frequently in the Juvenile that records the decisions made by the court at the Justice and Criminal Justice Systems. They include: delinquency hearing, which is distributed to legal 1) re-arrest; 2) conviction; and 3) incarceration. The parties and key participants at the end of the each National Institute of Justice (NIJ) considers recidi- Juvenile Delinquency Court hearing. vism rates to be empirically logical using a scientific Youth Justice — These rapidly expanding juvenile and random assignment approach which is three (3) justice diversion programs are often referred to as years post adjudication. Youth Court, Teen Court, Peer Court, Student Court Status Offender — a juvenile who has committed and Youth Peer Panel. an offense that would not be considered an offense if committed by an adult (i.e truancy, runaway, etc.).

Summons — the document provided to an alleged delinquent youth and parents/legal guardians that orders them to appear before the Delinquency Court at a specific date and time to respond to a specific alleged violation of the law.

Waiver (or Waive Jurisdiction) — refers to the transfer of a youth from Juvenile Delinquency Court to Criminal Court. Also referred to as “certification,” “transfer” and “relinquishment.”

Warrant — an order for the arrest of a youth on an alleged law violation or failure to appear at court. Also referred to as “writ,” “capias” or “take into custody.”

Wrap-Around Services — a method of service delivery highlighted by commitment to create services on a “one youth at a time” basis to support normalized and inclusive options for the youth with complex needs. Wrap-around interventions create a youth and family team composed of the people who know the youth best to design an individualized plan.

77 TRAINING AND TECHNICAL ASSISTANCE RESOURCES

OJJDP Research Report on Referring High Risk MENTOR’s Elements of Effective Practice Youth for Mentoring Services – Full Report For Mentoring™, Third Edition, Checklist for Mentoring Programs OJJDP Research Report on Referring High Risk Youth for Mentoring Services – Executive Summary For free, downloadable versions of these Juvenile Justice Journal on Referring High Risk resources, visit: Youth for Mentoring Services – Special Edition MENTOR at http://www.mentoring.org/program_ resources/Researching_the_Referral_Stage/; Memorandums of Understanding Six Resource Guides for Developing MOUs Global Youth Justice at for Juvenile Justice and Mentoring Services http://www.globalyouthjustice.org/Mentoring.html; and PowerPoint Presentations for National Partnership for Juvenile Services Six Juvenile Justice Settings and Mentoring at http://www.npjs.org/highriskyouth.php Six Technical Assistance Profiles: Examining the Referral Stage for Mentoring High-Risk Youth

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

78 WEBSITES OF INTEREST

Big Brother Big Sisters of East TN National Partnership for Juvenile Services – Knoxville, TN, USA Mentoring High Risk Youth Resources http://bigbrothersbigsistersetn.org/ http://www.npjs.org/

San Diego Youth Services Mentoring Program MENTOR: The National Mentoring Partnership San Diego, CA, USA http://www.mentoring.org/ http://www.sdyouthservices.org/site/ PageServer?pagename=foster Office of Juvenile Justice and Delinquency Prevention – Mentoring Resources Boys and Girls Clubs of Las Vegas http://www.ojjdp.gov/programs/mentoring.html Las Vegas, NV, USA http://www.bgclv.org/index.php Office of Juvenile Justice and Delinquency Prevention – Model Program Guide/Mentoring Juvenile Court and Juvenile Probation http://www.ojjdp.gov/mpg/progTypesMentoring. Choctaw Tribal Court aspx Mississippi Band of Indians Durant, OK, USA Administration for Children, Youth and Families, http://www.choctaw.org/government/court/ U.S. Dept. of Health and Human Services juvenile.html http://www.acf.hhs.gov/programs/acyf/

Ponca Tribe of Oklahoma State-by-State Listing of Legislation and Statutes Mentoring Program and Youth Services Regarding Juveniles Ponca City, OK, USA http://www.ncjj.org/Research_Resources/State_ http://www.ponca.com/118837.html Profiles.aspx

Global Youth Justice Website – Mentoring High Risk Youth Resources http://www.globalyouthjustice.org/Mentoring. html

79 NOTES

Dependency Court and Mentoring THE REFERRAL STAGE

Written by: Scott Bernard Peterson 2

Dependency Court and Mentoring

Dependency Courts involve a juvenile (child/youth), typically in cases of abuse, neglect and mistreatment. Dependency Court judges are charged with determining if allegations of abuse or neglect are sustained by the evidence and, if so, are legally sufficient to support state intervention on behalf of the child. Some youth who appear in the Delinquency Court also appear in the Dependency Court at the same time for dual adjudicatory issues. The Dependency Court is most commonly associated with foster care, abuse and neglect issues involving youth younger than eighteen (18) years of age.

Mentoring Program Description Geographic and Demographic Mentoring involves a non-parental adult who Characteristics plays an important role in promoting healthy Referrals of Dependency Court involved youth for development for youth. There are many mentoring the delivery of local mentoring services are often models and even more programmatic differences made by and/or approved by governmental within the different mentoring models. The goal of agencies representing county and state level mentoring programs is to provide youth with positive jurisdictions,and, therefore, it is important for adult contact and, thereby, reduce risk factors mentoring and Dependency Court staff to discuss (e.g., early antisocial behavior, alienation, lack of geographic barriers when making and accepting commitment to school) by enhancing protective referrals of Dependency Court involved youth. factors (e.g., healthy beliefs, opportunities for involvement and social and material reinforcement for appropriate behavior). Mentors provide youth with personal connectedness, supervision and guidance, skills training, career or cultural enrichment opportunities, a knowledge of spirituality and values and, perhaps most importantly, goals and hope for the future.

85 Possible Challenges of Youth Involved with the Dependency Court (Ages 0-18)

Individual

n Conduct disorders (authority conflict/rebellious/stubborn/disruptive/antisocial)

n General delinquency involvement

Family

n Antisocial parents

n Child maltreatment (abuse or neglect)

n Family history of problem behavior/criminal involvement

n Family poverty/low family socioeconomic status

n Family violence (child maltreatment, partner violence, conflict)

n High parental stress/maternal depression

n Parental criminality

n Parental use of physical punishment/harsh and/or erratic discipline practices

n Poor parental supervision (control, monitoring and child management)

n Poor parent-child relations or communication

School

n Poor school performance; academic failure n Low academic aspirations2

86 FREQUENTLY ASKED QUESTIONS Referring Dependency Court Youth to Mentoring Programs

What is the difference between a The Juvenile Review Board process is an Dependency Court, Delinquency Court approximately one-hour group meeting to and a Teen Court/Youth Court program? determine placements, referrals, service needs The Delinquency Court is most commonly and/or mandated community services sanctions. associated with the Juvenile Justice System and Participants in the Juvenile Review Board include juveniles who have committed a crime, offense the youthful offender, parent(s), guardian(s), adult and/or violation. The Dependency Court is most volunteers (typically between six and eight) and commonly associated with foster care, abuse and often staff from a local mentoring program. A similar neglect issues involving youth younger than 18 years approach called “Family Group Conferencing” of age. Teen Court/Youth Court diversion programs is utilized in the Dependency Court and “Circle are juvenile justice diversion programs and are Sentencing” is often utilized in Native American administered on a local level by law enforcement and Alaskan Native Tribes. Referral for mentoring agencies, probation departments, Delinquency services is a recommendation and not mandatory, Courts, schools and nonprofit organizations. although referrals are strongly encouraged. Formal referrals from mentoring services are made by Who refers youth in Dependency Courts the adult coordinator in charge of the Juvenile to mentoring programs? Review Board. Dependency Court involved youth are often referred to mentoring services by adult staff representing What is an embedded program and how is it important to a successful mentoring local and state Departments of Health and program in a Dependency Court setting? Human Services, Departments of Children and Family Services, Dependency and Family Courts, An embedded mentoring program within a Judicial Districts, Court Appointed Special Dependency Court is one which is directly operated Advocates Associations and nonprofit organizations by the Dependency Court and/or the Dependency that are legally granted authority and designated to Court contracts out for the delivery of mentoring act in the best interests of youth in the Dependency services to a public or private entity, while Court. Most often these nonprofit organizations maintaining administrative authority. Dependency have a residential component for Dependency Court embedded mentoring programs are Court involved youth. Emergency Group Foster operational on a local municipal level, not a Care Facilities and Homeless Youth Shelters are state level. two (2) examples of nonprofit organizations legally A Dependency Court embedded mentoring designated to care for the high-risk youth. program benefits from multiple points of referral Specific adult staff making the referrals of for mentoring services within the largely uniform Dependency Court involved youth are often Dependency Court hearings to include: employed as social workers, case managers, court (1)Permanency Planning Hearings; appointed special advocates, judges (to include (2) Preliminary Protective Hearings; magistrates), legal guardians, temporary guardians, foster care parents, parent(s), guardian ad litem(s), (3) Termination of Parental Rights (TPR); child care workers and residence counselors. (4) Adjudication Hearings;

87 FREQUENTLY ASKED QUESTIONS continued

(5) Disposition Hearings; policy which takes in to consideration a wide range (6) Review Hearings; and of factors to be discussed and agreed upon to include: (7) Adoption Hearings. (1) Only parent(s) and legal guardians can make The Dependency Court is able to control internal referrals; referrals for mentoring services, which benefits the (2) Referrals of Dependency Court involved youth high-risk youth not being placed on a long waiting need to be in a relatively stable home or other list for a mentor. placement setting to help avoid the negative Family group conferencing is an increasingly impact of early match termination; common Dependency Court improvement practice (3) Realistic time frames from the time of referral and not a hearing. Family group conferencing to the time a “mentoring match” needs to be involves a wide range of adults in the lives of discussed; Dependency Court involved youth, in addition to Dependency Court staff. Family group conferencing (4) Once a referral is made from the Dependency lends itself very well to discussions regarding making Court, it is important to have the primary contact a referral for mentoring services for high-risk youth, person identified, to include notifications regard- as well as the determination to make the delivery of ing changes in that primary contact person; and mentoring services part of the permanency plan, to (5) Dependency Courts and mentoring programs include when concurrent planning is taking place each need to come up with their own policies within the Dependency Court. Embedded mentoring regarding making and accepting referrals of programs benefit considerably from this approach, higher-risk Dependency Court youth who are as mentoring staff are part of the family group more likely to be a danger to themselves and/or conferencing discussions. someone else.

Embedded mentoring programs also only make A Memorandum of Understanding and a Case referrals internally and, therefore, they can avoid Referral Flow-Chart delineate important roles and long waiting lists and the negative connotations steps which foster a more favorable working associated with that situation. This is especially relationship between the Delinquency Court and important for older age youth, as it is essential to get the mentoring program(s). them an adult mentor as soon as possible, so they can establish a strong relationship with their adult Are nonembedded mentoring programs mentor before aging out of foster care. Embedded successful in working with Dependency mentoring programs also benefit from the increased Court youth? contact with the Dependency Court youth and the More often than not, private organizations are the adult mentor involved in the mentoring relationship. entity operating and providing mentoring services to the Dependency Court, rather than the Dependency How are strong mentoring relationships Court operating an embedded mentoring program. formed between mentoring programs and These private organizations can be successful on a the Dependency Court? number of fronts with regard to delivering mentoring Dependency Courts and mentoring programs benefit services to high-risk youth in the Dependency Court. from having an agreed upon, formal written referral There are a wide range of administrative and

88 operational factors to consider which will result in will support the decision of the judge, who is acting successful or unsuccessful working relationships. in the best interest of the youth.

Flow-Charts and/or Memorandums of What are the primary considerations for Understanding (MOUs) around making and accept- mentoring programs when Dependency ing referrals support stronger and longer lasting Court youth are referred for mentoring working relationships between Dependency Courts services? and mentoring programs. Mentoring programs with The Dependency Court handles cases involving a specific or sole focus on serving Dependency children who subjected to abuse and neglect; Court involved youth are purposely better equipped children with custodial issues; termination of parental to handle a wide range of issues associated with rights; and children in foster care to include those the Child Welfare System. Positive working with entrustment agreements. relationships among the professionals working for the Dependency Court and the mentoring programs Referrals of high-risk youth for mentoring services are essential for effective mentoring services to from the Delinquency Court and/or another entity be delivered to these high-risk youth. legally operating on behalf of the Delinquency Court are voluntary referrals. The Delinquency Court has Were youth in Dependency Courts willing no legal authority for mandating high-risk youth be to participate in mentoring programs? matched with an adult mentor. This is different from Dependency Court involved youth can range in the Dependency Court, as it often acts as the legal age from birth to age eighteen (18). The majority custodian of high-risk youth, and therefore can act in of these youth reside with one (1) or more parent(s)/ the best interest of the youth, to include the delivery guardian(s) or these youth have been removed from of mentoring services. the care of their parent(s)/guardian(s) and are Referrals need to be assessed for dual adjudicatory placed in immediate, short-term and/or long-term issues when looking at referrals from the care placements under the care of the state. Dependency Court, as additional information is Dependency Court involved youth in the care of the often necessary before approving a referral for the state are overseen by a judge in collaboration with delivery of mentoring services. Often, the same a Child and Family Services Department. If the judge for Dependency Court issues is the same judge directs the social worker to secure mentoring judge for Delinquency Court issues and, therefore, services for a nine (9) year old youth in the custody accessing dual adjudicatory issues is not as difficult of the state, the judge is acting in a parental as it may appear. capacity, and the referral is NOT voluntary. Specialized recruitment, training, screening and More often than not, the referral for mentoring matching of adults to serve as mentors for a high- services is voluntary, and especially with youth who risk youth from the Delinquency Court benefit both are fifteen (15) and older. However, it is important to the adult mentor and the youth mentee. Recruitment recognize that mentoring can be mandatory in the can be targeted to adults interested in working with Dependency Court if the judge has determined a high-risk youth for a wide variety of reasons. High- mentoring relationship with a responsible adult risk youth from the Delinquency Court often present is in the best interest of the Dependency Court a unique set of challenges which require specialized involved youth. Mentoring programs make their own training for adults volunteering to serve as a determination if they will accept mandatory referrals mentor. While background checks should always of these high-risk youth for mentoring services, even be mandatory, additional screening to include if the youth does not want such a referral. More often interviews and other tactics can be deployed to than not, adult professionals in mentoring programs reduce match termination rates.

89 FREQUENTLY ASKED QUESTIONS continued

Are there any Dependency Court statutory related treatment and permanency hearings lend requirements related to mentoring? themselves to the inclusion of an adult mentor in Yes. United States Public Law 105-89 passed the life of a foster care youth. The “referral stage” November 19, 1997, requires a permanency plan for the delivery of mentoring services for foster care be put in place no later than 12 months after a youth is well informed at these required permanency youth enters the Dependency Court for purposes hearings and becomes part of the permanency of promoting the adoption and improved delivery plan for youth involved with the Dependency Court. of services and care for foster care youth. This Public Law 105-89 requires judicial approval of the public law helps promote stability for foster care permanency plan. youth. The Dependency Court hearings and

WHAT’S WORKING: Examples of Effective Strategies

Providing adult mentors with additional and Dependency Court have an advantageous ongoing training to improve their ability to be level of knowledge, skill and ability in a more effective mentor for a high-risk youth providing effective mentoring services for from the Dependency Court has resulted in a wide range of high-risk youth involved with longer and stronger relationships. Adult staff the Dependency Court. This specialized from the Dependency Court and mentoring focus often includes mentoring programs program also have a greater confidence with hiring child welfare social workers and case regard to these adult mentors having a higher managers who are able to navigate the level of preparedness in their role as requirements and systematic limitations of a mentor. working with the Dependency Court, which often leads to stronger relationships between Mentoring programs with a specific and/or mentoring programs and the Dependency sole purpose of serving youth from the Court.

90 CHALLENGES AND ACTION STEPS

Challenge #1: Dependency Court involved youth * Action Step – Mentoring programs and tend to be a more transient population by choice Dependency Courts can reduce match disruption and not by choice. This often serves as a barrier for and/or termination by not referring or accepting long-term effective mentoring relationships which Dependency Court involved youth who have dual can yield favorable results in the life of a youth in the adjudicatory status. Dependency Court issues tend Dependency Court. to take precedence over Delinquency Court issues, and it is usually not more than a four (4) month * Action Step – Dependency Court and period where dual adjudicatory status exists. mentoring program staff deal with this by largely only Some referrals are made and accepted if the referring and accepting Dependency Court involved mentoring program has a long waiting list, as this youth who are in longer-term placements – to the has shown to be a proactive approach to expedite extent that this can be determined given the fluid mentoring matches. nature of youth in the Dependency Court.

Challenge #4: Dependency Court involved Challenge #2: Dependency Court youth age youth referred to mentoring programs often have out of the Foster Care System at age eighteen (18) communication problems which interfere with the and often self-terminate the mentoring match upon referral and match process. Dependency Court turning eighteen (18). involved youth rarely have access to a computer or cell phone, and even when they do, it is often * Action Step – Mentoring programs and the only for a short period of time. Communication Dependency Court often do not make or accept is essential for the mentoring program and an referrals of high-risk youth for mentoring services adult mentor to contact the Dependency Court above age sixteen (16) or seventeen (17). Often, involved youth. referrals of Dependency Court involved youth ages sixteen (16) and older are referred for career-type * Action Step #4 – Some mentoring programs models of mentoring services. have secured funding and donations to provide Dependency Court involved youth with prepaid cell phones that are limited to making and receiving Challenge #3: Youth with dual adjudicatory phone calls only. Mentoring programs provide the issues include those who are involved with both adult mentors of these Dependency Court involved the Dependency Court and Delinquency Court. youth with additional prepaid phone cards to give This presents a unique and not uncommon set of their mentors during their match time together. obstacles. Dual adjudicatory status can exist at the This also allows these high-risk youth to call their point of referral for mentoring services and/or after adult mentor should they need to communicate a formal match has been made. with them and/or for other purposes.

91 TERMS AND DEFINITIONS IN THE DEPENDENCY COURT

Adoption and Safe Families Act (PL 105-89) — Juvenile — a youth under the age of majority. federal legislation passed in 1997 that focused The recommended age is usually eighteen (18) and on safety issues as related to reunification, required younger. safety issues as related to unification, required Legal Guardian — an adult who is not the permanency time frames, and speeding the process biological parent, or a state or licensed children of planning and finding permanent homes within and youth agency, who has been given legal 12 months. This legislation strives to improve authority by a court to provide care and custody conditions and more future outcomes for youth of a child/youth. lingering in the Foster Care System and aging out of the Foster Care System. Needs Assessment — one tool in the structured decision making process. It identifies the offender’s At-Risk and High-Risk Youth — The Office of specific needs and provides part of the foundation Juvenile Justice and Delinquency Prevention for the case plan. (OJJDP) defines “at-risk” youth as those with high levels of risk in their family, home, communities and Petition — the document that specifies the violation social environments to such a degree that it could of law and state statute number described in the lead to educational failure, dropping out of school or affidavit that the youth is alleged to have committed. involvement in juvenile delinquency and gang-related A probable cause statement or affidavit, usually filed offenses. OJJDP defines “high-risk” youth as those by the police, accompanies the petition. with present or past juvenile justice involvement. Wrap-Around Services — a method of service Caretaker or Physical Custodian — a person delivery highlighted by commitment to create who has physical custody but not legal custody of services on a “one youth at a time” basis to support a youth, such as a foster parent, placement facility normalized and inclusive options for the youth with or relative without legal custody. complex needs. Wrap-around interventions create a youth and family team composed of the people who Dependent Youth — the term used by some know the youth best to design an individualized plan. jurisdictions to describe a young person subject to the jurisdictions of the court because of child abuse, Written Findings and Orders — the document neglect or lack of proper care. that records the decisions made by the court at the delinquency hearing, which is distributed to legal Dual Adjudicatory — a Delinquency Court parties and key participants at the end of the each designation for an abused, neglected or dependent Juvenile Delinquency Court hearing. youth who is also a delinquent youth and vice versa.

Family Group Conferencing — a process involving the engagement of immediate and extended family members and close friends to meet with a trained a facilitator and design solutions for a youth, which they agree to implement to resolve a problem. Although this method is more common in the Dependency Court, it is also used in the Delinquency Court.

92 TRAINING AND TECHNICAL ASSISTANCE RESOURCES

OJJDP Research Report on Referring High Risk MENTOR’s Elements of Effective Practice Youth for Mentoring Services – Full Report For Mentoring™, Third Edition, Checklist for Mentoring Programs OJJDP Research Report on Referring High Risk Youth for Mentoring Services – Executive Summary For free, downloadable versions of these Juvenile Justice Journal on Referring High Risk resources, visit: Youth for Mentoring Services – Special Edition MENTOR at http://www.mentoring.org/program_ resources/Researching_the_Referral_Stage/; Memorandums of Understanding Six Resource Guides for Developing MOUs Global Youth Justice at for Juvenile Justice and Mentoring Services http://www.globalyouthjustice.org/Mentoring. html; and PowerPoint Presentations for National Partnership for Juvenile Services Six Juvenile Justice Settings and Mentoring at http://www.npjs.org/highriskyouth.php Six Technical Assistance Profiles: Examining the Referral Stage for Mentoring High-Risk Youth

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

93 WEBSITES OF INTEREST

Team Up Mentoring Program MENTOR: The National Mentoring Partnership Norfolk, VA, USA http://www.mentoring.org/ http://theupcenter.org/For_Adults/mentoring.htm Office of Juvenile Justice and Delinquency Spectrum Mentoring Program Prevention – Mentoring Resources Burlington, VT, USA http://www.ojjdp.gov/programs/mentoring.html http://www.spectrumvt.org/mentoring-program/ Office of Juvenile Justice and Delinquency San Diego Youth Services Mentoring Program Prevention – Model Program Guide/Mentoring San Diego, CA, USA http://www.ojjdp.gov/mpg/progTypesMentoring.aspx http://www.sdyouthservices.org/site/ PageServer?pagename=foster Administration for Children, Youth and Families, U.S. Dept. of Health and Human Services Saratoga Mentoring Program http://www.acf.hhs.gov/programs/acyf/ Catholic Charities of Saratoga Saratoga, NY, USA State-by-State Listing of Legislation and Statutes http://www.saratogamentoring.org/ Regarding Juveniles http://www.ncjj.org/Research_Resources/State_ Ponca Tribe of Oklahoma Profiles.aspx Mentoring Program and Youth Services Ponca City, OK, USA http://www.ponca.com/118837.html

Global Youth Justice Website – Mentoring High Risk Youth Resources http://www.globalyouthjustice.org/Mentoring.html

National Partnership for Juvenile Services – Mentoring High Risk Youth Resources http://www.npjs.org/

94 NOTES

95 NOTES

Teen/Youth Court Programs and Mentoring THE REFERRAL STAGE

Written by: Scott Bernard Peterson 3

Teen/Youth Court Programs and Mentoring

Teen/Youth Court Programs are Juvenile Justice diversion programs in which juveniles are sentenced by their peers for minor crimes, offenses and/or violations. These juvenile diversion programs are administered on a local level by law enforcement agencies, probation departments, delinquency courts, schools and local nonprofit organizations. They offer communities an opportunity to provide immediate consequences for primarily first-time-offending juveniles, and they also offer important civic, service and volunteer opportunities for volunteer youth who serve as judges, defenders, prosecutors, clerks and jurors.

Mentoring Program Description Geographic and Demographic Mentoring involves a non-parental adult who Characteristics plays an important role in promoting healthy Referrals of Teen Court/Youth Court Diversion development for youth. There are many mentoring Program involved youth for the delivery of local models and even more programmatic differences mentoring services are primarily made and/or within the different mentoring models. The goal of approved by community-based organizations, mentoring programs is to provide youth with positive schools and/or governmental agencies to include adult contact and, thereby, reduce risk factors Police Departments, Probation Departments and (e.g., early antisocial behavior, alienation, lack of Delinquency Courts. Therefore, it is important for commitment to school) by enhancing protective mentoring and Teen Court/Youth Court Diversion factors (e.g., healthy beliefs, opportunities for Program staff to discuss geographic barriers when involvement and social and material reinforcement making and accepting referrals of Dependency for appropriate behavior). Mentors provide youth Court involved youth. with personal connectedness, supervision and guidance, skills training, career or cultural enrichment opportunities, a knowledge of spirituality and values and, perhaps most importantly, goals and hope for the future.

101 Possible Challenges of Youth Involved with Teen Court/ Youth Court Diversion Programs (Ages 6-18)

Individual

n Primarily first time offenders

n Antisocial/delinquent beliefs

n General delinquency involvement

n Low to moderate alcohol/drug use

n Lack of guilt and empathy

n Physical violence/aggression

n Low-level crimes, violations and offenses

Family

n Delinquent/gang-involved siblings

n Lack of orderly and structured activities within the family

n Parental use of physical punishment/harsh and/or erratic discipline practices

n Poor parental supervision (control, monitoring and child management)

n Poor parent-child relations or communication

School

n Moderate truancy/absences/suspensions

n Low academic aspirations

n Low school attachment/bonding/motivation/commitment to school

n Poor school attitude/performance; academic failure

n Poor student-teacher relations

n Poorly defined rules and expectations for appropriate conduct

n Poorly organized and functioning schools/inadequate school climate/negative labeling by teachers

Peer

n Association with antisocial/aggressive/delinquent peers

n Peer rejection

n Lack of involvement with peers in group settings What is the difference between a

102 3 FREQUENTLY ASKED QUESTIONS Referring Teen Court/Youth Court to Mentoring Programs

Dependency Court, Delinquency Court (7) Administrative Office of the Courts; and a Teen Court/Youth Court program? (8) Elementary, Junior-High and High Schools; and The Delinquency Court is most commonly (9) Traffic and Adult Court. associated with the Juvenile Justice System and juveniles who have committed a crime, offense Individuals from these referral sources making and/or violation. The Dependency Court is most voluntary referrals for mentoring services included: commonly associated with foster care, abuse, and neglect issues involving youth younger than 18 years (1) Teen Court/Youth Court adult coordinators and of age. Teen Court/Youth Court diversion programs directors; are juvenile justice diversion programs and are (2) Delinquency Court judges and administered on a local level by law enforcement magistrates; agencies, probation departments, delinquency (3) Probation Officers; courts, schools and nonprofit organizations. (4) Police Officers;

Who refers youth in Teen Court/Youth (5) Youth Services Specialists; Court to mentoring? (6) Social Workers and Case Managers; Teen Court/Youth Court diversion programs are operated by a wide range of agencies and (7) School Officials and Administrators; organizations to include public and private entities. (8) Court Clerks; More often than not, a Teen Court/Youth Court diversion program is a collaborative approach (9) Public Defenders; and among two (2) or more agencies and organizations. (10) Volunteer Youth Juries in local Teen Court/Youth Therefore, multiple sources can and do make Court diversion programs under the guidance of referrals for the delivery of mentoring services for authorized adults. high-risk youth and youth volunteers involved with local Teen Court/Youth Court diversion programs. What is an embedded program and how Youthful offenders and youth volunteers involved with is it important to a successful mentoring program in a Teen Court/Youth Court a local Teen Court/Youth Court diversion program program setting? are referred to mentoring programs by agencies and organizations to include: An embedded mentoring program within a Teen Court/Youth Court diversion program is most often (1) Delinquency Courts; one which is directly operated by the Teen Court/ (2) Juvenile and Adult Probation Departments; Youth Court diversion program. Teen Court/Youth Court embedded mentoring programs operate on (3) Police Departments; a local municipal level, not a state level. (4) Sheriff and State Police Departments;

(5) Community-Based and NonProfit Organizations;

(6) Youth Bureaus;

103 FREQUENTLY ASKED QUESTIONS continued

Embedded mentoring programs in a Teen Court/ Are non-embedded mentoring programs Youth Court diversion programs may be operated by successful in working with Teen Court/ the municipality in a Youth Bureau, Youth Services Youth Court youth? and/or other related public agency. The majority of Yes, a formal intake process takes place with the embedded mentoring programs take place when youthful offender, parent(s) or guardian(s) and the a local nonprofit community-based organization adult program director in most Teen Court/Youth operates both a mentoring program and Teen Court/ Court diversion programs. When youth are referred Youth Court diversion program in addition to other to one of these diversion programs, the youthful programs and services. offender and their parent(s) or guardian(s) have usually been processed initially by a juvenile intake How are strong mentoring relationships officer. During these intake and processing meetings formed between mentoring Programs with Police Departments and a Teen Court/Youth and Teen Court/Youth Court Diversion Court diversion program, the youthful offender Programs? is offered a referral for mentoring services in a Memorandums of Understanding and a Referral non-embedded mentoring program. Flowchart delineating administrative and operational If the Teen Court/Youth Court diversion program is referral policies and practices foster a favorable and Probation-Based or Delinquency Court-Based, long term working relationship between Teen Court/ similar intake meetings take place and referrals are Youth Court diversion programs and mentoring made to a non-embedded mentoring program. programs. A well written Memorandum of Under- Referrals to non-embedded mentoring programs for standing (MOU) can foster effective communication these high-risk youth are viewed as a wrap-around between/among partners, increase access to a wide service. Non-embedded mentoring programs are range of resources, strengthen existing and new also well served to notify all referral sources about partnerships and provide a framework for addressing any waiting lists. Referral sources will often stop issues of mutual concern. making referrals if a waiting list is more than three The MOU provides structure for the working (3) months. relationship and clarifies what each of the partners will do to further the collaboration. The MOU Were youth in Teen Court/Youth Court identifies the specific resources that will support the programs willing to participate in partnership and defines how each will be used. In mentoring programs? addition, language clarifying the type of staff, scope Teen Court/Youth Court diversion program high- of work, job descriptions, types of referrals and risk youth are willing to voluntarily participate in provided services help to formalize the partnership. mentoring programs. Teen Court/Youth Court Most importantly, the MOU defines the specific diversion programs, like the Delinquency Court, commitments between partners to meet mutually have no legal authority for mandating high-risk agreed upon goals. youth be matched with an adult mentor. This is different from the Dependency Court, as it often acts as the legal custodian of high-risk youth, and therefore can act in the best interest of the youth,

104 to include the delivery of mentoring services. Mentor- the juvenile offender does not complete their peer ing services are primarily viewed as a wrap-around imposed sanction in a local Teen Court/Youth Court service and embraced by the Juvenile Justice diversion program. System in that context. Therefore, staff in local Teen Court/Youth Court diversion programs and mentoring programs seeking What are the primary considerations for to refer high-risk youth for mentoring services are mentoring programs when Teen Court/ often under a time frame of between 90 and 120 Youth Court diversion program high-risk youth are referred for mentoring services? days to make referrals for mentoring services. State statutes vary with regard to the mandatory time Youthful offenders are offered the opportunity to frame for adjudication of juveniles. This time frame voluntarily proceed in a local Teen Court/Youth can and does vary based on judicial discretion and Court diversion program if they are a first time other factors, such as dual adjudicatory issues juvenile offender, they admit guilt and they agree to where abuse and neglect are paramount. Formal proceed for purposes of addressing their anti-social, actions can be put into place to extend this time delinquent and/or criminal behavior. Referrals are frame, but that often only takes place with a primarily first time juvenile offenders who have subsequent offense and/or unsuccessful compliance committed a crime, offense and/or violation. with the approved imposed sentence. Match support was identified as a primary Mentoring programs seeking to identify high-risk programmatic element which can be enhanced Delinquency Court involved youth should consider to address some of the more challenging youth — their state’s statutory time frame for juveniles to be especially “high-risk” youth involved with the Juvenile adjudicated and identify point(s) of contact within Justice System and Teen Court/Youth Court the Juvenile Justice System and Teen Court/Youth diversion programs. Some mentoring programs have Court diversion programs. A website listing State- elected to not accept referrals of youthful by-State Juvenile Justice Legislation is included offenders who are dangerous to themselves and/ at the bottom of this Technical Assistance Bulletin or the adult mentors and staff. High-risk youth with under website links. documented, serious mental health issues were identified as a type of referral for mentoring services that do not usually work out well. Voluntary willingness of the parent(s) and guardian(s) to allow their child to engage in a “mentoring match” is required for accepting a referral for mentoring services and making a mentoring match.

Are there Teen Court/Youth Court Diversion Program statutory requirements related to mentoring? Teen Court/Youth Court diversion programs primarily adjudicate low-level youthful offenders who would otherwise proceed in the formal Juvenile Justice System. Statutory requirements are only relevant for formally arrested juveniles and non-formal (or pending) arrests which become formal arrests if

105 WHAT’S WORKING: Examples of Effective Strategies

The point of “referral” for high-risk youth in are recommendations and often encouraged Teen Court/Youth Court diversion programs by the adult coordinator of a Teen for mentoring services is most often an early Court/Youth Court diversion program. step in a system of graduated sanctions Mentoring should not be utilized as a in the Juvenile Justice System and usually mandatory sanction imposed by the Teen occurs no later than thirty (30) days after the Court/Youth Court diversion programs. The arrest (formal and informal). The “point of willingness of parent(s), guardian(s) and referral” can be at any point during the Teen youthful offender(s) to engage in a “mentoring Court/Youth Court diversion process, from match” is required for accepting and making the intake meeting to the completion of the a mentoring match. peer imposed sanction, and most often not A Memorandum of Understanding and a longer than 120 days after the point of arrest Case Referral Flowchart delineating (formal and informal). important programmatic steps fosters a Referrals of high-risk youth involved with more favorable working relationship between local Teen Court/Youth Court diversion the Teen Court/Youth Court diversion programs are voluntary. Referrals for programs and the mentoring programs. mentoring services from the youth peer juries

106 CHALLENGES AND ACTION STEPS

Challenge #1: Mentoring programs have and there is a second, different Dependency Court. challenges identifying the appropriate organizations The subsequent arrest could be of a very serious and agencies authorized to make referral of high-risk nature which may require match termination. This youth involved with local Teen Court diversion second arrest may also result in the high-risk youth programs, also referred to as Youth Court, Peer being placed in a Juvenile Detention or Juvenile Court, Student Court and Youth Peer Jury. A wide Correctional Facility, making it difficult or not range of public and private agencies and organiza- possible to continue with the match. In some cases, tions in a local community are involved with the mentoring programs will be able to continue with operation of one of these diversion programs, and it the mentoring match, and they will just need to can be confusing to find out who is administratively communicate with additional contacts as they in charge. relate to any subsequent offense.

* Action Step – Identify all of the individuals and entities that will be involved in the targeting high- Challenge #3: Youth with dual adjudicatory risk youth in local Teen Court/Youth Court diversion issues include those who are involved with both programs. Hold a meeting to identify the shared the Dependency Court and Delinquency Court. functions, services and/or resources that will support This presents a unique and not uncommon set of the collaboration. Discuss a plan as to how the obstacles. Dual adjudicatory status can exist at parties/entities can and may operate together to the point of referral for mentoring services and/or deliver mentoring services. after a formal match has been made.

* Action Step – Mentoring programs and Challenge #2: High-risk youth referred from the Dependency Courts can reduce match disruption Delinquency Court are re-arrested and/or incarcer- and/or termination by not referring or accepting ated for a subsequent juvenile crime, offense and/ Dependency Court involved youth who have dual or violation after the mentoring match has been adjudicatory status. Dependency Court issues tend finalized and the mentoring relationship has begun. to take precedence over Delinquency Court issues, and it is usually not more than a four (4) month * Action Step – Mentoring programs should period where dual adjudicatory status exists. Some establish operational and administrative procedures referrals are made and accepted if the mentoring for handling matched high-risk youth from the program has a long waiting list, as this has shown Dependency Court who are re-arrested and/or to be a proactive approach to expedite mentoring incarcerated. This is especially critical when a matches. high-risk youth is arrested in another jurisdiction

107 TERMS AND DEFINITIONS IN TEEN/YOUTH COURT

Adjudication Hearing — the hearing at which the Legal Guardian — an adult who is not the Juvenile Delinquency Court judge/judicial officer biological parent, or a state or licensed children and determines that a juvenile is responsible for the youth agency, who has been given legal authority by offense that has been filed. a court to provide care and custody of a child/youth.

At-Risk and High-Risk Youth — The Office of Needs Assessment — one tool in the Structured Juvenile Justice and Delinquency Prevention Decision-Making process. It identifies the offender’s (OJJDP) defines “at-risk” youth as those with high specific needs and provides part of the foundation levels of risk in their family, home, communities and for the case plan. social environments to such a degree that it could Petition — the document that specifies the violation lead to educational failure, dropping out of school or of law and state statute number described in the involvement in juvenile delinquency and gang-related affidavit that the youth is alleged to have committed. offenses. OJJDP defines “high-risk” youth as those A probable cause statement or affidavit, usually filed with present or past juvenile justice involvement. by the police, accompanies the petition. Caretaker or Physical Custodian — a person Post-Disposition Review — hearings held after the who has physical custody but not legal custody of Juvenile Delinquency Court has ordered probation, a youth, such as a foster parent, placement facility treatment services, support services, or placement or relative without legal custody. to ensure that the youth, parents, probation, Delinquent Youth — a minor who has commit- treatment and service providers are following ted an act, which under the laws of the jurisdiction through with the court ordered and/or court would be a crime if committed by an adult. supported plan.

Disposition Hearing — the hearing at which the Recidivism Rates — There are three (3) common Delinquency Court makes orders regarding the rates of recidivism used frequently in the Juvenile consequences an adjudicated youth receives as Justice and Criminal Justice Systems. They include: a result of the law violation. 1) re-arrest; 2) conviction and 3) incarceration. The National Institute of Justice (NIJ) considers Diversion (Juvenile) — In less serious offenses, recidivism rates to be empirically logical using a sci- and if agreed to by the youth and parent/guardian, entific and random assignment approach which the case is handled through non-judicial alternative is three (3) years post adjudication. services. Status Offender — a juvenile who has committed Graduated Sanctions/Responses — an an offense that would not be considered an offense accountability-based, graduated series of sanctions if committed by an adult (i.e truancy, runaway, etc.). and incentives, combined with treatment and services, applicable to youth within the Juvenile Summons — the document provided to an alleged Justice System. delinquent youth and parents/legal guardians that orders them to appear before the Delinquency Court Juvenile — a youth under the age of majority. at a specific date and time to respond to a specific The recommended age is usually eighteen (18) alleged violation of the law. and younger.

108 Waiver (or Waive Jurisdiction) — refers to the complex needs. Wrap-around interventions create a transfer of a youth from Juvenile Delinquency Court youth and family team composed of the people who to Criminal Court. Also referred to as “certification,” know the youth best to design an individualized plan. “transfer” and “relinquishment.” Written Findings and Orders — the document that Warrant — an order for the arrest of a youth on an records the decisions made by the court at the alleged law violation or failure to appear at court. delinquency hearing, which is distributed to legal Also referred to as “writ,” “capias” or “take into parties and key participants at the end of the each custody.” Juvenile Delinquency Court hearing.

Wrap-Around Services — a method of service Youth Justice — These rapidly expanding juvenile delivery highlighted by commitment to create justice diversion programs are often referred to as services on a “one youth at a time” basis to support Youth Court, Teen Court, Peer Court, Student Court normalized and inclusive options for the youth with and Youth Peer Panel.

TRAINING AND TECHNICAL ASSISTANCE RESOURCES

OJJDP Research Report on Referring High Risk MENTOR’s Elements of Effective Practice Youth for Mentoring Services – Full Report For Mentoring™ Toolkit — Juvenile Justice Section OJJDP Research Report on Referring High Risk Youth for Mentoring Services – Executive Summary MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition, Checklist for Juvenile Justice Journal on Referring High Risk Mentoring Programs Youth for Mentoring Services – Special Edition

Memorandums of Understanding For free, downloadable versions of these Six Resource Guides for Developing MOUs resources, visit: for Juvenile Justice and Mentoring Services MENTOR at http://www.mentoring.org/program_ resources/Researching_the_Referral_Stage/; PowerPoint Presentations for Six Juvenile Justice Settings and Mentoring Global Youth Justice at http://www.globalyouthjustice.org/Mentoring. Six Technical Assistance Profiles: html; and Examining the Referral Stage for Mentoring National Partnership for Juvenile Services High-Risk Youth at http://www.npjs.org/highriskyouth.php MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition

109 WEBSITES OF INTEREST

SMILES Mentoring Program National Partnership for Juvenile Services – New Bedford, MA, USA Mentoring High Risk Youth Resources http://paaca.org/ http://www.npjs.org/

New Bedford Youth Court MENTOR: The National Mentoring Partnership Massachusetts, USA http://www.mentoring.org/ http://paaca.org/ Office of Juvenile Justice and Delinquency Choctaw Tribal Teen Court and Prevention – Mentoring Resources Mentoring Program http://www.ojjdp.gov/programs/mentoring.html Mississippi Band of Choctaw Indians Durant, OK, USA State-by-State Listing of Legislation and Statutes http://www.choctaw.org/government/court/ Regarding Juveniles teen.html http://www.ncjj.org/Research_Resources/State_ Profiles.aspx Colonie Youth Court Town of Colonie, NY, USA http://www.colonie.org/police/youthcourt/

Big Brothers Big Sisters of the Capital Region Albany, NY, USA http://www.bbbs.org/site/c.pwL6KhNWLvH/ b.3510415/k.7D2D/Big_Brothers_Big_Sisters_ of_the_Capital_Region.htm

Global Youth Justice Website – Mentoring High Risk Youth Resources http://www.globalyouthjustice.org/Mentoring.html

110 NOTES

111 NOTES

112

Juvenile Corrections and Mentoring THE REFERRAL STAGE

Written by: Michael A. Jones Pamela A. Clark Ronald J. Quiros 4

Juvenile Corrections and Mentoring

Juvenile Corrections is considered to be a high-security residential facility that provides for the long-term and safe custody of juveniles who have been adjudicated (i.e. sentenced) by the court for having committed a felony or multiple misdemeanors. In most cases, a youth’s time in a Juvenile Corrections setting is long term (months to years) because they have been adjudicated by the court system as having committed a crime. Juvenile Corrections may be publicly or privately funded and operated. The continuum of services provided to youth in Juvenile Corrections is determined by state statute and, at a minimum, should include services, such as treatment plans, that address immediate and/or acute needs in the educational, mental, physical, emotional and social development of juveniles.

Mentoring Program Description Geographic and Demographic Mentoring involves a non-parental adult who Characteristics plays an important role in promoting healthy On average, most states only operate between development for youth. There are many mentoring two (2) and three (3) Juvenile Corrections facilities models and even more programmatic differences that are typically located in rural geographic regions within the different mentoring models. The goal of of that state. Juvenile Corrections facilities are mentoring programs is to provide youth with positive generally gender specific. The minimum and adult contact and, thereby, reduce risk factors maximum ages of youth served in Juvenile (e.g., early antisocial behavior, alienation, lack of Corrections are guided by statute. Typical minimum commitment to school) by enhancing protective and maximum ages are 10 and 18 years factors (e.g., healthy beliefs, opportunities for respectively, although some states are now defining involvement, and social and material reinforcement juveniles as anyone as old as 23. Some facilities for appropriate behavior). Mentors provide youth only house the high-end criminal youth, such as with personal connectedness, supervision and murderers and sex offenders. Offenses that youth guidance, skills training, career or cultural in corrections are charged with range from property enrichment opportunities, a knowledge of spirituality crimes (e.g. burglary, auto theft, drug possession and values and, perhaps most importantly, goals and selling) to person-on-person crimes (e.g. and hope for the future. assault, sex offenses and murder).

117 Possible Challenges Facing Youth Involved with Juvenile Corrections

The overarching goal of mentoring youth in the juvenile justice system is to build and strengthen youth assets. When dealing with youth in this setting, one should be cognizant of potential challenges:

Individual

n Conduct disorders (authority conflict/rebellious/stubborn/disruptive/antisocial)

n General delinquency involvement

n Mental health issues (including substance abuse)

n Unmet medical and dental needs

Family

n Mental disorders/antisocial parents

n Family history of problem behavior/criminal involvement

n Family poverty/low family socioeconomic status

n Family violence (child maltreatment, partner violence, conflict)

n Family stress

n Parent criminality

n Parental use of physical punishment/harsh and/or erratic discipline practices

n Poor parental supervision (control, monitoring, and child management)

n Poor parent-child relations or communication

School

n Poor school attendance

n Poor school performance; academic failure

n Learning disorders

118 4 FREQUENTLY ASKED QUESTIONS Juvenile Corrections Youth to Mentoring

What is the difference between a detention included an MSW, licensed clinical mental center and a correctional center? health counselors, master’s level clinician, a juvenile probation and parole officer, a In the process of conducting initial contacts for residential supervisor, treatment supervisor, potential site visits, project staff learned that there reentry caseworker, unit supervisor, and case was some confusion among mentoring programs management supervisor. In optimal about the difference between Juvenile Detention circumstances, the team would also include and Juvenile Corrections’ settings. a master mentor or mentor specialist (titles varied n Detention is used primarily for juveniles who by location). Additionally, the team would include are awaiting action of the court or transfer to mentoring as a component of the youth’s a Juvenile Corrections facility. Individual Service Plan (ISP). n The average length of stay in detention is usually n Other programs operated on the belief that all less than 21 days with the majority of youth youth are good candidates for a mentor, staying 72 hours or less. presented mentoring program information to all n Some detention centers have specialized youth and then operated on a self-referral process programs so that juveniles may stay as long as where the youth would request to participate in six months, serving a sentence that the judge the program. The program coordinator/mentoring has imposed. specialist would then identify a match and oversee the mentoring relationship. n Juvenile Corrections centers house juveniles who have been committed to the Department n For embedded programs being managed of Juvenile Justice by a judge. These youth have by the corrections setting, involvement of been found to have committed a felony or multiple corrections facility staff in providing and/or misdemeanors. supporting mentoring or other services ended with the youth’s release from that facility based n Unless committed by the judge on a determinate on potential liability issues of having staff leaving commitment, juveniles cannot remain in a Juvenile the facility to work with youth in the community. Corrections center longer than 36 months on an

indeterminate commitment (term imposed after n The processes for making referrals for mentoring conviction for a crime which does not state a post-incarceration included mentoring program specific period of time or release date, but a range staff:

of time only, such as “between five and 10 years”). n Discussing the needs and circumstances of detained youth with the Classification/ Who refers youth in Juvenile Corrections Treatment Team throughout the youth’s to mentoring? incarceration and/or following an Individual n For corrections settings where a mentoring Service Plan (ISP) developed by the team program is embedded and is part of the facility’s when the youth enters into the setting. programmatic offerings, the process for making n Ensuring the youth’s accessibility to a mentor referrals for mentoring during incarceration was post-release; then beginning the mentoring in most cases handled by a Facility Classification process at least six (6) weeks before release Team (or Treatment Team). These teams generally to the community (some locations preferred

119 FREQUENTLY ASKED QUESTIONS continued longer mentoring access prior to release; How are strong relationships formed a Big Brothers Big Sisters program in Anchorage between Juvenile Corrections settings preferred 16 weeks). and mentoring programs?

n n Identifying predominant support persons Staff with the local mentoring program in the youth’s life, particularly in connection approached leadership at the corrections facility with other risk factors for the youth. about operating an embedded mentoring program in the facility. Sometimes, approval for program involvement had to be garnered from the state What is an embedded program and how is it important to a successful mentoring level leadership who oversee the entire state’s program in a Juvenile Corrections setting? corrections program (e.g. Indiana Department of Corrections). n An embedded mentoring program functions completely within the Juvenile Corrections facility. n The primary mentoring program staff should have Mentoring staff have office space in the facility, a solid understanding of the juvenile justice system participate in staff meetings, interact with youth in general, the function of Juvenile Corrections in programmatic settings and are viewed as and the type of at-risk/high-risk youth served important members of the team by line staff, in this setting in order to lend credibility to their as well as facility leadership. discussions with facility leadership about implementing a program. n The embedded mentoring programs provided daily group sessions that lasted between one and n Mentoring program staff should be included in two hours per session for all incarcerated youth. training provided by the corrections facility related to working with youth in a secure setting. n Curricula were used that focus on character/ leadership, education/career, health/life skills, the arts and sports/fitness/recreation. Are non-embedded mentoring programs successful in working with Juvenile n In most settings, professionally trained mentoring Corrections youth? staff delivered the one-to-one, group and n A non-embedded mentoring program team-based mentoring services during and suffers from the lack of regular presence and post-incarceration. The aforementioned was interaction among mentoring staff and facility staff deemed ideal and appeared to be most and leadership, as well as with the detained youth. successful. Other programs operated with These programs are shown not to be as valued volunteer mentors who sometimes found that or understood by corrections staff and youth as they could not handle the multiple challenges those programs that are embedded. presented by an incarcerated youth.

120 Were youth in Juvenile Corrections willing n In general, Juvenile Corrections facilities are to participate in mentoring programs? regionally located in states, so a youth may be many miles from their home community while n In settings where there was no requirement to incarcerated, complicating the development and attend the mentor programming, it was rare that maintenance of a mentoring relationship in the a youth would choose not to attend. Often, a youth’s home area. youth may exhibit fear or doubt about wanting to be involved, but when exposed to the program n The characteristics of juvenile justice involved offerings, participating in the first meeting or two, youth also pose a challenge in that these and talking one-on-one with the mentoring youth have struggled to find success in other specialist, then the youth became comfortable interpersonal relationships and in school, and almost always became or stayed involved community-based youth serving programs, etc. in the program. n Some juvenile justice involved youth have a n In settings where mentoring activities were harder time developing the kinds of relationships incorporated into the facility’s programming, necessary for mentoring to be effective, i.e. youth were expected to participate. developing trust, making a commitment, etc. n In all instances, continued participation in the n One-to-one mentoring post-release should mentoring program post-incarceration was typically be one hour each week and should take voluntary and at the discretion of the mentoring place at various safe locations in the community. program. n The one-to-one mentoring match commitment should be for at least one year. What are the post-release mentoring considerations for Juvenile Corrections Are there any statutory requirements youth? related to mentoring? n Age is a primary consideration as youth may age out of the system before a match can be made n Related to the mentoring program, there were or without sufficient time for mentoring services no statutory requirements to be met either during to be provided. or post-incarceration. n Participation in the community-based mentoring program is for as long as the youth is eligible and chooses to participate in mentoring. This can sometimes be challenging if the parents refuse to allow the youth to be involved. n Youth in the juvenile justice system tend to be transient, so maintaining regular frequent contact is important and may be challenging.

121 WHAT’S WORKING: Examples of Effective Strategies

Embedded Mentoring Program n Offering mentoring programming inside the corrections facility provided youth with an n Mentoring program activities were opportunity to understand what services they embedded in the program schedule at the might receive from the mentoring program corrections facility. As a result, all youth after their release from detention. incarcerated there were “referred” to the mentoring program. This situation ensured n Having the mentoring program embedded that all youth had the opportunity to be at the Juvenile Corrections facility allowed the exposed to mentoring activities. mentoring program staff to build relationships and trust with juvenile justice staff that n Since the mentoring program was contributed to the level of information embedded in the corrections facility, there available to the mentoring program about was an opportunity for mentoring staff to the issues and needs of detained youth prior build relationships with detained youth during to their release. their incarceration. This relationship building during incarceration helped the youth:

n Begin to make a connection with the Post-Release mentoring program and its staff before Mentoring staff contacting detained their release from corrections. youth within 24 hours of their release from confinement supported the maintenance n Be more likely to have an interest in of an ongoing connection with these youth being referred to and participating in post-release. post-incarceration mentoring.

n Have a sufficient period of mentoring services before release, which would subsequently help the youth during their reentry to the community.

122 CHALLENGES AND ACTION STEPS

The long-term nature of the Juvenile Corrections * Action Step – An investment by setting provides a more favorable time period for mentoring program staff in building relationships implementing a formal mentoring program. The with the youth’s parent(s)/caregiver(s), both findings suggested that mentoring in these settings during and after the youth’s incarceration, may is often provided by community- or evidence- serve to provide a support system for encouraging based mentoring programs with experience in the youth’s ongoing participation in mentoring. In conducting effective mentoring and coordinating addition, making a mentoring match at least six (6) matches. However, with the Juvenile Corrections months before discharge increases the likelihood setting, one is confronted with some of the more of the relationship sustaining upon reentry to challenging, high-risk youth anywhere in the juvenile community. justice system. These are youth who have committed felonies or multiple misdemeanors, youth who typically have a violent or substance Challenge #3: Changes in the young person’s abusing history and youth who often have mental placement can negatively affect the ability of the health problems. mentoring program to continue to serve these youth post-incarceration. Challenge #1: Due to confidentiality * Action Step – There is likely little that may be requirements, mentoring program staff often found done to anticipate or mitigate the impact of this it difficult to access information required by the situation. mentoring program, including parent contact information, until after the youth’s discharge from corrections. Challenge #4: Poor parent/child relationships * Action Step – An expectation should be set at times kept parent(s) from supporting the young by mentoring staff for youth indicating an interest in person’s participation in mentoring programming participating in post-incarceration mentoring services post-incarceration. to provide contact information for his/her parent(s)/ caregiver(s) as soon as possible. * Action Step #4 – Mentoring programming for youth involved in the juvenile justice system may be most effective when accompanied by parenting Challenge #2: Despite the relationship building education and support services. These services may that takes place while youth are incarcerated, after be offered as either part of the mentoring program or release from corrections the young person could as a referral for service. change his/her mind about participating in the post-incarceration mentoring program.

123 TERMS AND DEFINITIONS

Adjudicated — a court ruling of guilt or innocence. Juvenile — a youth under the age of majority. The recommended age is usually eighteen (18) At-Risk and High-Risk Youth — The Office of and younger. Juvenile Justice and Delinquency Prevention (OJJDP) defines “at-risk” youth as those with high Legal Guardian — an adult who is not the levels of risk in their family, home, communities and biological parent, or a state or licensed children and social environments to such a degree that it could youth agency, who has been given legal authority by lead to educational failure, dropping out of school or a court to provide care and custody of a child/youth. involvement in juvenile delinquency and gang-related Needs Assessment — one tool in the Structured offenses. OJJDP defines “high-risk” youth as those Decision-Making process. It identifies the offender’s with present or past juvenile justice involvement. specific needs and provides part of the foundation Caretaker or Physical Custodian — a person for the case plan. who has physical custody but not legal custody Petition — the document that specifies the violation of a youth, such as a foster parent, placement of law and state statute number described in the facility or relative without legal custody. affidavit that the youth is alleged to have committed. Dual Adjudicatory — a Delinquency Court A probable cause statement or affidavit, usually filed designation for an abused, neglected or dependent by the police, accompanies the petition. youth who is also a delinquent youth and vice versa. Pre-Adjudication — the period between arrest and Embedded Program — a program that is housed a court ruling on guilt or innocence. inside the juvenile justice setting either by being Wrap-Around Services — a method of service developed by the juvenile justice setting or by being delivery highlighted by commitment to create implemented by an outside mentoring program. services on a “one youth at a time” basis to support Individual Service Plan (ISP) — a focused plan normalized and inclusive options for the youth with for addressing any number of issues that a youth complex needs. Wrap-around interventions create a may have. Generally, a similar term is commonly youth and family team composed of the people who used in public education to aid youth with learning know the youth best to design an individualized plan. difficulties. While the same may be true in Juvenile Corrections, the ISP may include issues for staff to consider when working with the youth in any program.

124 TRAINING AND TECHNICAL ASSISTANCE RESOURCES

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

125 WEBSITES OF INTEREST

Big Brothers Big Sisters of Alaska MENTOR: The National Mentoring Partnership Anchorage, AK http://www.mentoring.org/ http://www.bbbsak.org Office of Juvenile Justice and Delinquency Goodwill Industries of Northern New England Prevention – Mentoring Resources Portland, ME http://www.ojjdp.gov/programs/mentoring.html http://www.goodwillnne.org Office of Juvenile Justice and Delinquency Northeastern Center Prevention – Model Program Guide/Mentoring Kendallville, IN http://www.ojjdp.gov/mpg/progTypesMentoring.aspx http://www.necmh.org/body. cfm?lvl1=servic&lvl2=latino Administration for Children, Youth and Families, U.S. Dept. of Health and Human Services The Kennedy Center of Louisiana http://www.acf.hhs.gov/programs/acyf/ Shreveport, LA http://www.weallwinn.com State-by-State Listing of Legislation and Statutes Regarding Juveniles Global Youth Justice Website – Mentoring High http://www.ncjj.org/Research_Resources/State_ Risk Youth Resources Profiles.aspx http://www.globalyouthjustice.org/Mentoring.html

National Partnership for Juvenile Services – Mentoring High Risk Youth Resources http://www.npjs.org/

126 NOTES

127 NOTES

128

Juvenile Detention and Mentoring THE REFERRAL STAGE

Written by: Michael A. Jones Pamela A. Clark Ronald J. Quiros 5

Juvenile Detention and Mentoring

Juvenile Detention is considered to be a secure residential facility that provides for the temporary and safe custody of juveniles whose alleged conduct is subject to court jurisdiction and who require a restricted environment for their own and the community’s protection while awaiting a hearing, pending disposition, awaiting a placement or pending a return to a previous placement. In most cases, a youth’s time in a Juvenile Detention setting is short-term (72 hours or less). Juvenile Detention may be publicly or privately funded and operated. The continuum of services provided to youth in Juvenile Detention is determined by the jurisdiction/private entity operating the facility and, at a minimum, should include services that address immediate and/or acute needs in the educational, mental, physical, emotional and social development of juveniles.

Mentoring Program Description Geographic and Demographic Mentoring involves a non-parental adult who Characteristics plays an important role in promoting healthy Juvenile Detention facilities may be located in development for youth. There are many mentoring communities large and small, rural and urban across models and even more programmatic differences the country. Because not all communities have a within the different mentoring models. The goal of Juvenile Detention center, facilities often serve a mentoring programs is to provide youth with positive regional area. Juvenile Detention facilities may be adult contact and, thereby, reduce risk factors co-ed or gender specific. The minimum and (e.g., early antisocial behavior, alienation, lack of maximum ages of youth served in Juvenile Detention commitment to school) by enhancing protective are jurisdiction specific and guided by statute. Some factors (e.g., healthy beliefs, opportunities for facilities may choose to serve an age group that involvement, and social and material reinforcement is even more narrow than that allowed by statute. for appropriate behavior). Mentors provide youth Typical minimum and maximum ages are 10 and 18 with personal connectedness, supervision and years respectively. Offenses that youth in detention guidance, skills training, career or cultural are charged with range from runaway, a status enrichment opportunities, a knowledge of spirituality offense, to murder. and values and, perhaps most importantly, goals and hope for the future. Individual

133 Possible Challenges Facing Youth Involved with Juvenile Detention

Individual

n Conduct disorders (authority conflict/rebellious/stubborn/disruptive/antisocial)

n General delinquency involvement

n Mental health issues (including substance abuse)

n Unmet medical and dental needsds

Family

n Mental disorders/antisocial parents

n Family history of problem behavior/criminal involvement

n Family poverty/low family socioeconomic status

n Family violence (child maltreatment, partner violence, conflict)

n Family stress

n Parent criminality

n Parental use of physical punishment/harsh and/or erratic discipline practices

n Poor parental supervision (control, monitoring, and child management)

n Poor parent-child relations or communication

School

n Poor school attendance

n Poor school performance; academic failure

n Learning disorders

134 5 FREQUENTLY ASKED QUESTIONS Juvenile Detention Youth to Mentoring

What is the difference between a detention Juvenile Detention line staff workers informally fit center and a correctional center? the role of mentor/role model to a particular young In the process of conducting initial contacts for person during their brief confinement. potential site visits, project staff learned that there n Involvement of detention facility staff in providing was some confusion among mentoring programs and/or supporting mentoring or other services about the difference between Juvenile Detention ended with the youth’s release from that facility. and Juvenile Corrections’ settings. n The processes for making referrals for mentoring n Detention is used primarily for juveniles who post-incarceration included mentoring program are awaiting action of the court or transfer to staff: a Juvenile Corrections facility. n Discussing the needs and circumstances of n The average length of stay in detention is usually detained youth with appropriate detention less than 21 days with the majority of youth staff throughout the youth’s incarceration.

staying 72 hours or less. n Ensuring the youth’s accessibility to a mentor post-release. n Some detention centers have specialized programs so that juveniles may stay as long n Completing an intake interview with the as six months, serving a sentence that the judge youth and contacting an appropriate has imposed. family member(s)/caregiver(s) to ensure parent/caregiver support. n Juvenile Corrections centers house juveniles who have been committed to the Department of Juvenile Justice by a judge. These youth have What is an embedded program and how been found to have committed a felony or multiple is it important to a successful mentoring program in a Juvenile Detention setting? misdemeanors. n An embedded mentoring program functions n Unless committed by the judge on a determinate completely within the Juvenile Detention commitment, juveniles cannot remain in a Juvenile facility. Mentoring staff have office space in the Corrections center longer than 36 months on an facility, participate in staff meetings, interact with indeterminate commitment. youth in programmatic settings and are viewed as important members of the team by line staff, Who refers youth in Juvenile Detention as well as facility leadership. to mentoring? n The embedded mentoring programs provided n For detention settings where a mentoring daily group sessions that lasted between one and program is embedded and is part of the facility’s two hours per session for all detained youth. programmatic offerings, the process for making referrals for mentoring during incarceration was n Curricula were used that focus on character/ the juvenile court by virtue of the judge ordering leadership, education/career, health/life skills, the youth to detention. the arts and sports/fitness/recreation. n Without an embedded program, there was little n Professionally trained mentoring staff delivered the evidence of a formalized mentoring process for one-to-one, group and team-based mentoring Juvenile Detention settings given the short-term services during and post-detention. nature of incarceration. In some instances,

135 FREQUENTLY ASKED QUESTIONS continued

How are strong relationships formed with many youth during their confinement. In these between Juvenile Detention settings cases, the mentoring staff should be prepared to and mentoring programs? explain the value of the program, encourage the n In the case of the identified detention sites, staff youth to participate post-release and gather the with the local mentoring program approached appropriate contact information for the youth, as leadership at the detention facility about operating well as for their parent(s)/caregiver(s).

an embedded mentoring program in the facility. n In all instances, continued participation in the n The primary mentoring program staff should have mentoring program post-incarceration was a solid understanding of the juvenile justice system voluntary and at the mentoring program’s in general, the function of Juvenile Detention discretion. and the type of at-risk/high-risk youth served in this setting in order to lend credibility to their What are the post-release mentoring discussions with facility leadership about considerations for Juvenile Detention implementing a program. youth? n Mentoring program staff should be included in n Participation in the community-based mentoring training provided by the detention facility related program is for as long as the youth is eligible and to working with youth in a secure setting. chooses to participate in mentoring.

n Youth in the juvenile justice system tend to be Are non-embedded mentoring programs transient, so maintaining regular frequent contact successful in working with Juvenile is important and may be challenging. Detention youth? n In states that operate regionalized Juvenile n A non-embedded mentoring program suffers Detention centers, a youth may be many miles from the lack of regular presence and interaction from their home community, complicating the among mentoring staff and facility staff and development and maintenance of a mentoring leadership, as well as with the detained youth. relationship in the youth’s home area. These programs are shown not to be as valued n One-to-one mentoring post-release should or understood by detention staff and youth as typically be one hour each week and should take those programs that are embedded. place at various safe locations in the community.

n The one-to-one mentoring match commitment Were youth in Juvenile Detention willing should be for at least one year. to participate in mentoring programs? n For youth adjudicated from short-term detention n In settings where there was no requirement to to a long-term sentence in a Juvenile Corrections attend the mentor programming, it was rare that facility, consideration might be given to waiting a youth would choose not to attend. In settings for the offender to be moved to the corrections where mentoring activities were incorporated into setting before implementing mentoring services. the facility’s programming, youth were expected to participate. Are there any statutory requirements n The greatest challenge for participation is the related to mentoring? short-term nature of detention. At best, a n Related to the mentoring program, there were mentoring program may only make brief contact no statutory requirements to be met either during or post-incarceration. 136 WHAT’S WORKING: Examples of Effective Strategies

Embedded Mentoring Program n Mentoring program activities were n Offering mentoring programming inside embedded in the program schedule at the the detention facility provided youth with an detention facility. As a result, all youth opportunity to understand what services they incarcerated there were “referred” to the might receive from the mentoring program mentoring program. This situation ensured after their release from detention. that all youth had the opportunity to be n Having the mentoring program embedded exposed to mentoring activities. at the Juvenile Detention facility allowed the n Since the mentoring program was mentoring program staff to build relationships embedded in the detention facility, there and trust with juvenile justice staff that was an opportunity for mentoring staff to contributed to the level of information build relationships with detained youth during available to the mentoring program about the their incarceration. This relationship building issues and needs of detained youth before during incarceration helped the youth: their release from detention.

n Begin to make a connection with the mentoring program and its staff before Post-Release their release from detention. Mentoring staff contacting detained youth n Be more likely to have an interest in within 24 hours of their release from detention being referred to and participating in supported the maintenance of an ongoing post-incarceration mentoring. connection with these youth post-release.

137 CHALLENGES AND ACTION STEPS

The short-term nature of the Juvenile Detention Challenge #3: Changes in the young person’s setting provides some challenging barriers in placement can negatively affect the ability of the implementing a formal mentoring program. mentoring program to continue to serve these youth Anecdotally, the findings suggested that mentoring post-incarceration. in these settings is often provided by individuals, typically from a faith-based organization, visiting * Action Step – There is likely little that may the Juvenile Detention facility on a semi-regular be done to anticipate or mitigate the impact of this basis rather than by staff from a community- situation. or evidence-based mentoring program.

Challenge #4: Poor parent/child relationships Challenge #1: Due to confidentiality at times kept parent(s) from supporting the young requirements, mentoring program staff often found person’s participation in mentoring programming it difficult to access information required by the post-incarceration. mentoring program, including parent contact information, until after the youth’s discharge from * Action Step #4 – Mentoring programming detention. for youth involved in the juvenile justice system may be most effective when accompanied by parenting * Action Step – An expectation should be set education and support services. These services may by mentoring staff for youth indicating an interest in be offered as either part of the mentoring program participating in post-incarceration mentoring services or as a referral for service. to provide contact information for his/her parent(s)/ caregiver(s) as soon as possible..

Challenge #2: Despite the relationship building that takes place while youth are incarcerated, after release from detention the young person could change his/her mind about participating in the post-incarceration mentoring program.

* Action Step – An investment by mentoring program staff in building relationships with the youth’s parent(s)/caregiver(s), both during and after the youth’s incarceration, may serve to provide a support system for encouraging the youth’s ongoing participation in mentoring.

138 TERMS AND DEFINITIONS

Adjudicated — a court ruling of guilt or innocence. Juvenile — a youth under the age of majority. The recommended age is usually eighteen (18) At-Risk and High-Risk Youth — The Office and younger. of Juvenile Justice and Delinquency Prevention (OJJDP) defines “at-risk” youth as those with high Legal Guardian — an adult who is not the levels of risk in their family, home, communities and biological parent, or a state or licensed children and social environments to such a degree that it could youth agency, who has been given legal authority by lead to educational failure, dropping out of school or a court to provide care and custody of a child/youth. involvement in juvenile delinquency and gang-related Needs Assessment — one tool in the Structured offenses. OJJDP defines “high-risk” youth as those Decision-Making process. It identifies the offender’s with present or past juvenile justice involvement. specific needs and provides part of the foundation Caretaker or Physical Custodian — a person for the case plan. who has physical custody but not legal custody Petition — the document that specifies the violation of a youth, such as a foster parent, placement of law and state statute number described in the facility or relative without legal custody. affidavit that the youth is alleged to have committed. Dual Adjudicatory — a Delinquency Court A probable cause statement or affidavit, usually filed designation for an abused, neglected or dependent by the police, accompanies the petition. youth who is also a delinquent youth and vice versa. Pre-Adjudication — the period between arrest and Embedded Program — a program that is housed a court ruling on guilt or innocence. inside the juvenile justice setting either by being Wrap-Around Services — a method of service developed by the juvenile justice setting or by being delivery highlighted by commitment to create implemented by an outside mentoring program. services on a “one youth at a time” basis to support Individual Service Plan (ISP) — a focused normalized and inclusive options for the youth with plan for addressing any number of issues that complex needs. Wrap-around interventions create a a youth may have. Generally, a similar term is youth and family team composed of the people who commonly used in public education to aid youth know the youth best to design an individualized plan. with learning difficulties. While the same may be true in Juvenile Corrections, the ISP may include issues for staff to consider when working with the youth in any program.

139 TRAINING AND TECHNICAL ASSISTANCE RESOURCES

National Partnership for Juvenile Services PowerPoint Presentations for at http://www.npjs.org/highriskyouth.php Six Juvenile Justice Settings and Mentoring

Six Technical Assistance Profiles: Examining the Referral Stage for Mentoring High-Risk Youth

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

140 WEBSITES OF INTEREST

Boys and Girls Club of the Tennessee Valley MENTOR: The National Mentoring Partnership Knoxville, TN http://www.mentoring.org/ http://ww.bgctnv.org Office of Juvenile Justice and Delinquency Prevention – Boys and Girls Club of Buffalo Mentoring Resources Buffalo, NY http://www.ojjdp.gov/programs/mentoring.html http://www.bgcbuffalo.org Office of Juvenile Justice and Delinquency Prevention – Goodwill Industries of Northern New England Model Program Guide/Mentoring Portland, ME http://www.ojjdp.gov/mpg/progTypesMentoring.aspx http://www.goodwillnne.org Administration for Children, Youth and Families, Global Youth Justice Website – Mentoring U.S. Dept. of Health and Human Services High Risk Youth Resources http://www.acf.hhs.gov/programs/acyf/ http://www.globalyouthjustice.org/Mentoring.html State-by-State Listing of Legislation and Statutes National Partnership for Juvenile Services – Regarding Juveniles Mentoring High Risk Youth Resources http://www.ncjj.org/Research_Resources/State_ http://www.npjs.org/ Profiles.aspx

141 NOTES

142 NOTES

143 NOTES

144

Juvenile Probation and Mentoring THE REFERRAL STAGE

Written by: Michael A. Jones Pamela A. Clark Ronald J. Quiros 6

Juvenile Probation and Mentoring

The function of Juvenile Probation is to provide supervision and monitoring to youth under the jurisdiction of the court and ensure that youth on probation comply with all court orders. Juvenile Probation officers have the ability, through the pre-dispositional investigation/interview process, to identify the services and supports a young person and his/her family may need. The probation officer is then in the unique position of being able to make whatever referrals are appropriate to meet these needs, including referrals for mentoring. In addition to serving as a sanction for adjudicated youth, Juvenile Probation may be used as a way of diverting status and first-time juvenile offenders from the court system. Direction, guidance and rehabilitation services are provided to youth on probation and their families in an effort to encourage and support behavior considered to be appropriate by the court and the community. Rehabilitative services are provided by the probation officer(s) and/or community-based providers.

Mentoring Program Description Geographic and Demographic Mentoring involves a non-parental adult who Characteristics plays an important role in promoting healthy Juvenile Probation is a community-based corrections development for youth. There are many mentoring program that exists in all 50 of the United States. models and even more programmatic differences The minimum and maximum ages offenders are within the different mentoring models. The goal of considered to be “juveniles” are jurisdiction mentoring programs is to provide youth with positive specific and guided by statute. Typical minimum and adult contact and, thereby, reduce risk factors maximum ages are 10 and 18 years respectively. (e.g., early antisocial behavior, alienation, lack of Youth placed on probation are often under-educated commitment to school) by enhancing protective and may have limited access to information about factors (e.g., healthy beliefs, opportunities for opportunities available to them. Referrals of youth for involvement, and social and material reinforcement probation tend to be more heavily male than female, for appropriate behavior). Mentors provide youth as is true for the majority of juvenile justice services. with personal connectedness, supervision and guidance, skills training, career or cultural enrichment opportunities, a knowledge of spirituality and values and, perhaps most importantly, goals and hope for the future.

149 Possible Challenges Facing Youth Involved with Juvenile Probation

Individual

n Conduct disorders (authority conflict/rebellious/stubborn/disruptive/antisocial)

n General delinquency involvement

n Mental health issues (including substance abuse)

n Unmet medical and dental needs

Family

n Mental disorders/antisocial parents

n Family history of problem behavior/criminal involvement

n Family poverty/low family socioeconomic status

n Family violence (child maltreatment, partner violence, conflict)

n Family stress

n Parent criminality

n Parental use of physical punishment/harsh and/or erratic discipline practices

n Poor parental supervision (control, monitoring, and child management)

n Poor parent-child relations or communication

School

n Poor school attendance

n Poor school performance; academic failure

n Learning disorders

150 6 FREQUENTLY ASKED QUESTIONS Considerations for Referring Juvenile Probation Youth to Mentoring

What makes a youth on probation and community connections, the offense, appropriate for a referral for mentoring? educational history, etc., and determines the specific needs of the youth and family. n Determinations about the appropriateness of n How referrals are made depends on whether a youth on probation for referral to mentoring the probation officer selects from a number of are made on a case-by-case basis and include mentoring programs to which they may refer youth consideration of the following: or one specific mentoring program that provides n Needs of the youth and the family, in these services for probation youth. particular youth who need a parental figure n Referrals made to community-based mentoring or caring adult. programs require that youth and family n Offense with which the youth is charged. members complete whatever paperwork and processes are required for intake into that n Length of the youth’s probation. program, and intake decisions are made at n Commitment of the youth and family to the the discretion of mentoring program staff. mentoring process/program. n Referrals of youth to a specific mentoring n Youth charged with violent and/or sex offenses program that works directly with probation are often not considered appropriate for referrals department staff may involve mentoring for mentoring services. program staff attending probation department meetings where cases are staffed and the n Referrals for mentoring may be formal and part decision to refer for mentoring will be made of the youth’s adjudication or informal with jointly. participation in mentoring encouraged by the probation officer. Were youth on probation willing to participate in mentoring programming? Who is authorized to refer a youth on probation for mentoring services? n A requirement for the referral of a youth to mentoring program is willingness and a n Any Juvenile Probation officer may refer a youth commitment to participate in mentoring by on his/her caseload for mentoring services. both the youth and his/her family. n In some jurisdictions, the Juvenile Court judge n Formal referrals to mentoring programming may refer a youth on probation to mentoring become part of the court order for services. services. n In cases where the youth and/or family’s commitment to mentoring is questionable, the What is the process probation officers use probation officer may encourage or “strongly for referring a youth for mentoring? recommend” participation in a mentoring program. n The process typically begins with the pre-disposition investigation/interview (PDI) through which the probation officer gathers information about the youth, the youth’s family

151 FREQUENTLY ASKED QUESTIONS continued

What is the role of the probation officer to provide the probation officer with information once the referral to a mentoring program about the youth’s progress. is made? n Probation officers ensure that referred youth are Are there any statutory requirements complying with all the conditions of probation, related to mentoring? including participation in court ordered mentoring. Related to the mentoring program and Juvenile n Mentoring program staff contact the probation Probation, there were no statutory requirements officer as needed to share and discuss concerns to be met. about the individual needs of youth, as well as

WHAT’S WORKING: Examples of Effective Strategies

Probation Officer Relationships with On-site Mentoring Program Staff Office Mentoring Program Staff n In some jurisdictions, mentoring program n Probation officers working in close staff had office space in the juvenile court or partnership with mentoring program staff is probation office. key in terms of the youth’s successful referral for mentoring services and the youth and n Sharing space supported the development family’s willingness to participate in mentoring and maintenance of collegial relationships programming. between probation and mentoring staff.

n Sharing spaced supported the ability of n Immediate contact by probation staff with mentoring program staff regarding the court or probation staff to walk referred referral is significant. youth and families to the mentoring program staff office where the intake n Regular contact between probation officers process could begin immediately. and mentoring program staff is important.

152 CHALLENGES AND ACTION STEPS

Challenge #1: For many youth on probation, Challenge #3: Changes in the young person’s there are poor family relationships that may keep placement can negatively affect the ability of the family members from supporting the youth’s mentoring program to continue to serve these participation in a mentoring program. youth, particularly if the placement is outside the community served by the mentoring program. * Action Step – When mentoring services would appear to be of benefit to a youth on * Action Step – A youth for whom a change probation, the Juvenile Probation officer should in placement is imminent should not be referred for consider court ordering these. An investment by mentoring services. If the change in placement was mentoring program staff in building relationships not planned, there is likely little that may be done to with the youth’s parent(s)/caregiver(s) may serve mitigate the impact of this situation. to provide a support system for encouraging the youth’s ongoing participation in mentoring. It may also be beneficial to order parenting education Challenge #4: Some mentoring programs are and other support services in conjunction with not able to recruit enough mentors to support mentoring. referred youth and, therefore, have a waiting list.

* Action Step #4 – Referrals of youth on Challenge #2: The time it takes for a youth probation should be made only to mentoring and his/her mentor to form a bond is variable. If programs with available mentors in order to avoid the appropriate bond is not formed before the having these youth placed on what may be a lengthy youth’s probation ends, it is unlikely the mentoring and long-term waiting list. relationship will be sustained post-probation.

* Action Step – Prior to making a referral for mentoring, consideration should be given to the term of the youth’s probation and whether this timeframe is conducive to the development of an effective bond between the youth and the mentor.

153 TERMS AND DEFINITIONS

Adjudicated — a court ruling of guilt or innocence. Petition — the document that specifies the violation of law and state statute number described in the At-Risk and High-Risk Youth — The Office of affidavit that the youth is alleged to have committed. Juvenile Justice and Delinquency Prevention A probable cause statement or affidavit, usually filed (OJJDP) defines “at-risk” youth as those with high by the police, accompanies the petition. levels of risk in their family, home, communities and social environments to such a degree that it could Pre-Adjudication — the period between arrest and lead to educational failure, dropping out of school or a court ruling on guilt or innocence. involvement in juvenile delinquency and gang-related Wrap-Around Services — a method of service offenses. OJJDP defines “high-risk” youth as those delivery highlighted by commitment to create with present or past juvenile justice involvement. services on a “one youth at a time” basis to support Caretaker or Physical Custodian — a person normalized and inclusive options for the youth with who has physical custody but not legal custody complex needs. Wrap-around interventions create a of a youth, such as a foster parent, placement youth and family team composed of the people who facility or relative without legal custody. know the youth best to design an individualized plan.

Juvenile — a youth under the age of majority. The recommended age is usually eighteen (18) and younger.

Legal Guardian — an adult who is not the biological parent, or a state or licensed children and youth agency, who has been given legal authority by a court to provide care and custody of a child/youth.

Needs Assessment — one tool in the Structured Decision-Making process. It identifies the offender’s specific needs and provides part of the foundation for the case plan.

154 TRAINING AND TECHNICAL ASSISTANCE RESOURCES

OJJDP Research Report on Referring High Risk MENTOR’s Elements of Effective Practice Youth for Mentoring Services – Full Report For Mentoring™, Third Edition, Checklist for Mentoring Programs OJJDP Research Report on Referring High Risk Youth for Mentoring Services – Executive Summary For free, downloadable versions of these Juvenile Justice Journal on Referring High Risk resources, visit: Youth for Mentoring Services – Special Edition MENTOR at http://www.mentoring.org/news_and_ research/in_the_news/referrals_of_high_risk_youth_ Memorandums of Understanding for_mentoring_services_in_six_juvenile_ju; Six Resource Guides for Developing MOUs for Juvenile Justice and Mentoring Services Global Youth Justice at http://www.globalyouthjustice.org/Mentoring.html; and PowerPoint Presentations for National Partnership for Juvenile Services Six Juvenile Justice Settings and Mentoring at http://www.npjs.org/highriskyouth.php Six Technical Assistance Profiles: Examining the Referral Stage for Mentoring High-Risk Youth

MENTOR’s Elements of Effective Practice For Mentoring™, Third Edition

MENTOR’s Elements of Effective Practice For Mentoring™ Toolkit — Juvenile Justice Section

155 WEBSITES OF INTEREST

Boys and Girls Club of the Tennessee Valley Office of Juvenile Justice and Delinquency Knoxville, TN Prevention – Model Program Guide/Mentoring http://ww.bgctnv.org http://www.ojjdp.gov/mpg/progTypesMentoring.aspx

Global Youth Justice Website – Mentoring Administration for Children, Youth and Families, High Risk Youth Resources U.S. Dept. of Health and Human Services http://www.globalyouthjustice.org/Mentoring.html http://www.acf.hhs.gov/programs/acyf/

National Partnership for Juvenile Services – State-by-State Listing of Legislation and Statutes Mentoring High Risk Youth Resources Regarding Juveniles http://www.npjs.org/ http://www.ncjj.org/Research_Resources/State_ Profiles.aspx MENTOR: The National Mentoring Partnership http://www.mentoring.org/

Office of Juvenile Justice and Delinquency Prevention – Mentoring Resources http://www.ojjdp.gov/programs/mentoring.html

156

PROJECT PARTNERS