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U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention Juvenile Accountability Incentive Block Grants Program John J. Wilson, Acting Administrator May 2000 From the Administrator Ten Steps for Implementing This OJJDP Bulletin offers spe- cific information to assist those seeking to establish an effective a Program of Controlled substance abuse testing pro- gram. For example, the advan- Substance Testing of Juveniles tages and disadvantages of several testing methods are described, and sample budgets Ann H. Crowe and Linda Sydney for testing programs conducted This Bulletin is part of OJJDP’s Juvenile hold juvenile offenders accountable for their in various settings are provided. Accountability Incentive Block Grants behavior. An indepth description of the Suggested readings and re- (JAIBG) Best Practices Series. The basic JAIBG program and a list of the 12 program source organizations are also premise underlying the JAIBG program, purpose areas appear in the overview Bulletin included. initially funded in fiscal year 1998, is that for this series. The testing approach described young people who violate the law need to be in this Bulletin was recom- held accountable for their offenses if society is Major Steps for Program to improve the quality of life in the Nation’s mended in the companion Ju- Implementation venile Accountability Incentive communities. Holding a juvenile offender Block Grants Best Practices “accountable” in the juvenile justice system This Bulletin is a companion to the Bulletin Developing a Policy for means that once the juvenile is determined JAIBG Bulletin Developing a Policy for Controlled Substance Abuse Testing to have committed law-violating behavior, Controlled Substance Testing of Juveniles of Juveniles. Written by the same by admission or adjudication, he or she is (Crowe and Sydney, 2000) and presents a held responsible for the act through conse- detailed discussion of a 10-step process, authors, the latter Bulletin pro- quences or sanctions, imposed pursuant to shown in figure 1, for developing and vides an overview of substance law, that are proportionate to the offense. implementing a substance-testing pro- abuse testing, sets forth testing Consequences or sanctions that are applied gram. Although these steps are pre- indicators, and summarizes sub- swiftly, surely, and consistently, and are sented independently, in practice they stance abuse trends. graduated to provide appropriate and effec- are likely to overlap, with final determi- It is my hope that these Bulle- tive responses to varying levels of offense nations about policies and procedures in tins will serve as a foundation seriousness and offender chronicity, work one area contingent on decisions made for building successful sub- best in preventing, controlling, and reducing at other points during the process. stance abuse testing programs. further law violations. John J. Wilson In an effort to help States and units of local Step 1: Involve Key Acting Administrator government develop programs in the 12 pur- Stakeholders pose areas established for JAIBG funding, Several principal roles should be repre- Bulletins in this series are designed to present sented in the decisionmaking tasks of the most up-to-date knowledge to juvenile program development. These can be justice policymakers, researchers, and practi- discussed in three categories: tioners about programs and approaches that will affect the organization and staff ■ Who will be tested. Figure 1: Steps for of the agency implementing it. ■ Who is responsible. Developing a When both managers and staff are Substance-Testing involved, they are more likely to ■ When testing will occur. Program support the effort. They also can ■ How results will be used, includ- provide key insights about the op- ing what treatment resources will eration of the program, other staff Involve key stakeholders. be used. and juveniles’ reactions to it, and possible problems to avoid. ■ What objectives are not to be pur- Determine program purpose. sued through the program. (For ex- ■ Other juvenile justice system stake- ample, if results of tests are to be holders who will not be involved used for case management, and not directly with administering the drug- Investigate legal issues. for punitive purposes, this should testing program, but whose support be stated clearly.) and views on drug testing will be im- Identify youth to be tested. portant to the program, should be in- The purpose statement must coincide cluded in the planning process. These with the agency’s mission. For a bal- may consist of law enforcement per- anced approach to juvenile justice, Select methodology. sonnel, judges, prosecuting and de- agencies should incorporate and place fense attorneys, paroling authority equal emphasis on the following three representatives, and court administra- elements (Maloney, Romig, and Decide how to use results tors. The appropriate mix of these Armstrong, 1988): representatives will depend on the and arrange for adequate ■ Community protection. agency(ies) implementing drug test- and appropriate treatment. ing and the other juvenile justice ■ Accountability of youth. agencies that might be affected by it. ■ Competency development of youth. ■ Community representatives also Develop written policies Similar balance in the purposes of should be included as appropriate. and procedures. substance testing also is appropriate. For example, substance abuse treat- ment providers working with youth Substance testing can be used for the Obtain funding. should be included. Family and following: caregivers are also critically impor- ■ Assessment and treatment. Sub- tant. Others to consider are person- stance testing is used to identify nel from education, social welfare, Develop staff. youth whose use of alcohol and and healthcare organizations; techni- other drugs requires treatment and cal experts; academicians; parents’ or to monitor their progress in treat- citizens’ groups; and delegates from Evaluate the program. ment (Pretrial Services Resource possible funding sources (e.g., busi- Center, 1998). nesses and the faith community). ■ Health and safety assessment. This Step 2: Determine is particularly important when youth ■ Agency personnel should include enter programs directly from the administrators, managers, and line Program Purpose community (such as in detention or personnel of the agency that will be It is essential to carefully consider and after furloughs from residential administering the drug-testing pro- clearly articulate the purpose of the facilities). If youth have abused sub- gram. Testing programs are most substance-testing program. Without a stances, they may need medical care likely to be developed in detention, clear goal in mind, other decisions will or special supervision to ensure their corrections, probation, residential, be more difficult. A purpose statement own and others’ safety. Some drugs and aftercare agencies. Administra- should describe briefly: can cause life-threatening effects; tors must make important deci- withdrawal from some drugs also ■ What is to be accomplished by sub- sions about agency resources, while can be dangerous. managers and line personnel will stance testing. ■ Case planning. Results of substance implement the program. Input ■ How it will be done. from all is vital. Any new program testing may be used as part of the 2 information needed to process youth or agency’s policies and procedures afforded any youth in the community. through the juvenile justice system. document. Statutory support for Nonetheless, there is a rationale for con- They may be a factor in determining testing is preferred, as it provides ducting testing of preadjudicated youth whether a youth should be released the maximum legal protection for in a detention program, as stated by the from detention and what sanctions agencies and practitioners carrying American Correctional Association and and treatment are needed. out the program. Institute for Behavior and Health, Inc. (ACA/IBH) project (1991a, p. 1): ■ Compliance monitoring and super- ■ Court or paroling authority or- vision. Youth may be ordered by the ders. Court or paroling authority The issue of constitutionality of court to abstain from using alcohol orders for adjudicated youth may urine collection and testing in or other psychoactive substances. direct that the youth submit to sub- detention facilities hinges on Substance testing is necessary to en- stance testing. Courts or paroling what use is made of the test re- force these judicial orders. This does authorities should impose such a sults. Test results can be used not necessarily mean that youth condition where substance testing with confidence as part of a must be severely punished if they could facilitate the rehabilitation of case management plan, just like use drugs, but it gives juvenile jus- the youth or where alcohol or other other information from a medi- tice personnel information they need drug use is related to the youth’s cal examination. When an ini- for case management (Mieczkowski delinquent behavior. (This provision tial health screen reveals evi- and Lersch, 1997; Pretrial Services does not apply to preadjudicated dence of diabetes or a sexually Resource Center, 1998). youth, whose situation is discussed transmitted disease (STD), the later.) Although it is preferred that detention facility is obligated to ■ Epidemiological analysis. Substance courts or paroling authorities im- devise a plan for treatment.

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