Dependency Delinquency wwwGuardianadLitemorg Overview of the Delinquency System General Dependency Checklist General Delinquency Checklist Education Checklist Girls in the Juvenile Justice System ID: 263013
Download Presentation The PPT/PDF document "Table of Contents" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
Table of Contents
Dependency Delinquency
www.GuardianadLitem.org
Overview of the Delinquency System
General Dependency Checklist
General Delinquency Checklist
Education
ChecklistGirls in the Juvenile Justice SystemChecklistMental Health & Substance AbuseChecklistIndependent Living
Double Click to go to SlideSlide2
Delinquency Overview
Objectives
www.GuardianadLitem.org
January 2013
Understanding the Basics of Delinquency
Understanding the Process and Flow of a Delinquency CaseSlide3
Delinquency Flow Chart
www.GuardianadLitem.orgSlide4
Delinquency Flow Chart
www.GuardianadLitem.orgSlide5
When the child is first detained
Process of Determining Detention
www.GuardianadLitem.orgSlide6
Child Not Detained
Non-Judicial Options
3 OPTIONS IF HANDLED NON-JUDICIALLY
Delinquency Pretrial Substance Abuse Education and Treatment
2. Pretrial Diversion
3. Case Closed
(Petition Never Filed)Slide7
If Child is Not Detained
Pre-Trial Diversion
Pre-Trial Diversion
This is an option if it is the first or second time taken into custody and the charge is relatively minor /non-violent
Diversion involves a contract in which the State agrees not to prosecute the child if the child agrees to meet certain conditions
If the child fails to complete the diversion program requirements, the child can be brought back to court for further prosecution of the chargeSlide8
If Child is Detained
Detention Hearing
www.GuardianadLitem.org
If the child is detained, the child will be taken before a judge within 24 hours for a detention
hearing
The judge determines
probable cause
and appoints counselIf the judge determines that the child should remain detained, the judge has the three levels of detention security and supervision available: home detention non-secure detentionsecure detentionPre-trial detention cannot exceed 21 days without a hearing or a waiver of the time periodSlide9
If Child is Detained
Secure Detention
www.GuardianadLitem.org
S
ecure detention is a lock-up facility that is the juvenile justice system’s equivalent of adult jail
This is an appropriate placement for children assessed to be a
risk to public safetySlide10
If Child is Detained
Home Detention
www.GuardianadLitem.org
Home detention is similar to “house arrest” in the adult system
A youth can be placed in their home, the home of a responsible friend or relative, a
dependency shelter or foster home setting
The judge may require electronic monitoring Child may only leave house to attend school and workSlide11
If Child is Detained
Non-Secure Detention
www.GuardianadLitem.org
Non-secure detention is an alternative with a home-like setting
The judge may require the youth to wear an electronic monitoring device
The provider of the non-secure detention is responsible for ensuring that the youth receives adequate supervision and attends school, court and scheduled appointmentsSlide12
If Child is Detained
Transfer to Adult Court
The prosecutor may seek to have a child transferred to adult court
Prosecutor typically announces the State’s intent to “direct file” the child into adult court at the detention hearing
The case is reset for the State to report on its direct file decision
If the child is detained
, the child must be direct filed or released on the 21
st day if there was not a waiver of the 21 daysSlide13
If Child is Detained
Transfer to Adult Court
www.GuardianadLitem.org
3 Ways To Transfer A Child To Adult Court
Indictment —
The State can seek to have a grand jury indict juveniles of any
age. A child can only be indicted for an offense punishable by life.
Waiver — A waiver motion is a request made by the prosecutor asking the juvenile court judge to transfer a child at least 14 years old to adult court. The judge conducts a hearing and reviews the child’s history, the charge and potential for rehabilitation, then either grants or denies the prosecutor’s request.Direct File —Mandatory direct files stem from a state law requiring that for certain crimes a child 16 years and older be tried as an adult. Discretionary direct-file law allows the prosecutor to file charges for certain crimes against a child 14 years or older in adult courtSlide14
Arraignment
www.GuardianadLitem.org
The arraignment is a hearing at which the judge informs the child of the formal charges in the delinquency petition and, if the child qualifies, appoints the public defenderSlide15
Arraignment
Guilty and No Contest Pleas
A
t the arraignment, the child typically enters a plea of not guilty and the case is set for an adjudicatory hearing (trial)
The arraignment for a detained child must be held within 48 hours following the filing of a delinquency petition
In nearly 98% of juvenile cases, there is no trial. Cases are disposed of by the prosecutor not filing charges, the case being dismissed or the client entering a guilty or no contest plea or completing a diversion programSlide16
Arraignment
Guilty and No Contest Pleas
www.GuardianadLitem.org
Possible consequences in the community of a guilty or no contest pleas could include:
Suspension from school
Registration as a sexual offender
Unable to live with or visit someone in Section 8 housing
May have license suspended in certain circumstancesMay not be able to serve in the militaryCannot posses a firearm until 24 years old (applies only to felonies) Child may be required to submit to DNA sampleSlide17
Trial
Adjudicatory Hearing
Juveniles do not have the right to a jury trial in juvenile
court
The
judge decides whether the child is
guilty beyond a reasonable doubt as to the judge’s determination
A juvenile may be held 21 days prior to his adjudicatory hearing and up to 15 days following an order of adjudication Slide18
Sentencing
Disposition Hearing
www.GuardianadLitem.org
The judge in juvenile court cannot sentence a child to serve time in
adult jail or a detention center at disposition of a case, but a child can be sentenced to a detention center for contempt (Order to Show Cause)
The judge focuses on the child’s needs and strengths and combines treatment with
discipline
The judge generally orders the DJJ to prepare a predisposition report (PDR), which includes information about the family, school, education, psychological and delinquent history of the child and recommendations for the judge to consider at dispositionSlide19
Sentencing
Disposition Hearing
www.GuardianadLitem.org
The Judge Can
Place the child on probation
Set a curfew
Require repayment to victims
Require community service hours Commit the child to a commitment program Send the child to mental health and drug treatment programsOrder the child to be held after disposition while awaiting placement in a residential treatment program Slide20
Commitment Programs
Juveniles can be placed in either:
non-residential (daytime only) and/or
residential (overnight programs) programs
Child can be moved in between programs
Programs offer both education and treatment
servicesSlide21
Appeals
There is no right to appeal a plea of guilty or no contest, except when the judge allows him to reserve the right to appeal a particular point of law
A client who is convicted at trial and wants to appeal the conviction must file a notice of appeal within 30 days of being sentenced and must advise the appellate court of the exact errors in the trial
It is possible that the client may serve the entire sentence during the appellate processSlide22Slide23Slide24
Educational Issues for
Crossover Youth
Objectives
www.GuardianadLitem.org
January 2013
Understanding educational issues effecting crossover youthSlide25
Education
Overview
www.GuardianadLitem.org
Youth in Out of Home Care perform worse than youth in the general
population on a number of academic achievement measures and
children in the Juvenile Justice System obviously have even greater
educational challenges.
These youth are more likely to:be held back a gradebe diagnosed with learning disabilitieshave school disciplinary problemshave higher rates of tardiness and absencesbe suspended from schoolbe expelled from schoolSlide26
Education
Educational Stability
www.GuardianadLitem.org
There is often a lack of continuity because of change of placements that
result in a change in schools. Some studies suggest that children loose as
much as six months of school with each new placement. Changes of
placement can also prevent or interrupt the provision of special education
services. Florida Statute §39.006 provides that there must be interagency agreementsto provide for continuing the enrollment at the same school if possible. TheSchool Board, the Department of Education, and the department are also charged with assisting with transportation to maintain stability.Many Florida Counties require the department to seek home placementswithin the child’s school district. The Guardian ad Litem can be an effective advocate for insisting on school stability when a child is changing placements. Slide27
Education
Attendance
www.GuardianadLitem.org
Excessive absences can also be a serious problem with crossover children.
Many Florida Counties require the department to minimize appointments for
youth during the school day.
The Guardian ad
Litem can assist with ensuring that the department and DJJ staff are aware of the child’s school requirements and hours in hopes of minimizing absences. Slide28
Education
Children with Disabilities
www.GuardianadLitem.org
Youth who are suspected of having a disability are evaluated and if
n
ecessary, provided with appropriate educational services.
The school must provide the child with an individualized student
intervention or an individual education plan (IEP) when a determinationhas been made through legally appropriate criteria that interventionservices are required. The IEP must include strategies to enable the child to maximize the attainment of education goals. Florida Statute §39.0016 (4)(b)(4). Crossover youth are also obviously entitled to current and accurateIEP’s and the Guardian ad Litem can be a incredible advocate in thisarena. Slide29
Education
Education Surrogates
www.GuardianadLitem.org
Crossover youth should have at least one significant adult involved in
His or her education and encouraging his or her educational pursuits.
Florida Statute 39.0016 (4)(c)(5) requires that a surrogate parent be
appointed as soon as the youth is determined to be dependent and
without a parent to advocate for the youth. The Surrogate must be appointed by the school district without regard to where the child is placed so that one surrogate parent can follow the education of the youth.Guardians ad Litem can serve as the child’s Educational Surrogate. See GuardianadLitem.org for more informationSlide30
Education
Lack of Information Sharing
www.GuardianadLitem.org
A tremendous problem facing crossover youth is a there is no state
s
ystem for sharing information to assess and meet the youth’s needs.
School Districts don’t often know which youth are in out of home care.
The department and DJJ may not have up to date school records. While there are confidentiality concerns that have to be addressed, theGuardian ad Litem can be extremely helpful in facilitating this sharing ofinformation. Slide31Slide32
Girls Involved in the Juvenile Justice System
Objectives
www.GuardianadLitem.org
January 2013
Understanding the Special Considerations of Girls involved in the Juvenile Justice System
Understanding Risk factors, Current Trends and what GAL volunteers can do to helpSlide33
Risk Factors
www.GuardianadLitem.org
Boys and Girls
E
conomic Disadvantage
E
xposure to Violence
Experiences with Physical and Sexual Child Abuse and MaltreatmentLack of Positive Parental SupervisionGirlsEarly PubertyConflict with Parents Involvement with Delinquent (and Often Older) Male PeersSlide34
Current Trends
www.GuardianadLitem.org
Girls are the fastest growing segment of the juvenile justice
population
Girls accounted for 22% of juvenile arrests for aggravated assault and 30% for
simple assaults
36
% of arrests for larceny-theft mostly shoplifting59% of all juveniles arrested for running away from home30% curfew arrestsThe increase in the number of drug abuse violation arrests between 1990 and 1999 was greater for female juveniles (190%) than for male juveniles (124
%)Slide35
Current Trends
www.GuardianadLitem.org
The types of offenses for which girls are arrested and incarcerated are less serious than
boys
Girls
are disproportionately charged with status offenses (running away, truancy)
Girls
enter the system at younger ages than boys. Almost half (42%) of girls who are incarcerated are 15 or youngerSlide36
Current Trends
www.GuardianadLitem.org
78
%
of
incarcerated
girls have a history
of emotional, physical, and sexual abuse (more than boys)Girls are more likely than boys to be sexually victimized while in a facility Slide37
Current Trends
Adolescent girls have different health needs than boys, including health education, gynecological exams, and in some cases, pregnancy-related
healthcare
Girls
in the juvenile justice system face a substantially higher risk for reproductive health problems compared to girls outside of the systemSlide38
Profile of Delinquent Girls
Pregnancy & Children
www.GuardianadLitem.org
It is estimated that 10% of incarcerated girls
are pregnant
and that 30%
already have children when they enter the system
Has the caseworker assisted in:prenatal caredaycare public benefitsappropriate housingMinor parent and child shall reside together unless the younger child’s safety is “at a substantial risk” or there is no facility to house both.Slide39
Profile of Delinquent Girls
Sexual Abuse
www.GuardianadLitem.org
Girls in the system
may be
three times more likely than boys to have been sexually
abused
Abuse has been found to be a stronger predictor of offending behavior for females than for males5% of females reported being the victim of sexual assault while in custody. Most of those reporting sexual assault had been victimized multiple timesThe impact of abuse inside institutions, coupled with past life experiences puts girls at great risk for self-harming and high-risk behaviorsAre there services needed to address possible sexual abuse? Does the child have any concerns regarding safety in detention or at home?If the child has runaway – ask why and explore other optionsSlide40
Profile of Delinquent Girls
Mental Health
www.GuardianadLitem.org
Girls have greater mental health needs. Some studies have shown that as many as 3 in 4 girls who
are detained
have a diagnosed mental health
disorder
Approximately 70% have been exposed to a traumatic experience Girls have higher rates for post traumatic stress disorder, suicide attempts, and self harming behavior are higher than those for boysHas the youth been evaluated for mental health needs? Have services begun? What can be done to facilitate quick referrals and continuing care? Follow up if necessary.Slide41
Profile of Delinquent Girls
Addiction
www.GuardianadLitem.org
46
%
of delinquent girls have substance abuse/addiction issues
Has the youth been evaluated for
addiction/substance abuse? Have services begun? What can be done to facilitate quick referrals and continuing care?Is the youth living with a substance abuser? If so, are there any other options?Slide42
Unfair System
www.GuardianadLitem.org
Girls
brought into the system for lesser offenses
Girls are more likely to be incarcerated than boys and taken into custody by police
Although
girls are still committing less violent crimes than boys they are more likely to be immersed in the
systemWhile in the system girls will receive fewer benefits and services than their male counterpartsSlide43
Unfair System
Girls of Color
www.GuardianadLitem.org
There is an overrepresentation of girls of color in the justice
system
African American girls are placed over three times as
often
Native American girls are placed over four times as oftenHispanic girls are placed at higher ratesAsian Pacific Islanders are underrepresentedAfrican American girls are sent to adult prison over five times as oftenNative Americans girls three times as oftenSlide44
Unfair System
www.GuardianadLitem.orgSlide45
Unfair System
It’s a System for Boys
www.GuardianadLitem.org
Because of the system’s focus on male offenders, gender bias
has been
a long-term problem within the juvenile justice
system
States have designed facilities to meet the needs of boys and, as a result, such facilities are often ineffective in treating female juvenile offendersBecause of the relatively fewer number of female offenders, gender specific services are not developed and often girls do not receive the services they needThere is a lack of adequate training on how to work with female juveniles for those in the juvenile justice systemSlide46
Unfair System
It’s a System for Boys – Harsher Reality for Girls
www.GuardianadLitem.org
An American
Bar Report found that the practice of
charging
girls with a
delinquent offense for violation of a court order, is applied disproportionately to girls results in harsh and inequitable treatment especially of girls charged with status offenses (running away, curfew violations, etc.) Although girls’ rates of recidivism are lower than those of boys, the use of contempt proceedings and probation and parole violations make it more likely that, without committing a crime, girls will return to detention or a residential commitment programSlide47
Unfair System
It’s a System
for Boys
- Harsher Reality for Girls
www.GuardianadLitem.org
Girls pick up more charges inside institutions that are
ill equipped
to meet their needs and thus, are “fast tracked” deeper into the systemThe level of resources allocated for gender-specific services is significantly less than the proportion of girls in the systemAsk if there are there any gender specific programs available? Slide48
What Can Help
Presence of a Caring Adult
www.GuardianadLitem.org
Researchers have found that support from a caring adult can serve as a protective factor for adolescents, decreasing the likelihood that they will
engage in
delinquent behaviors
Adolescents
are less likely to engage in delinquent behaviors if they have adults in their lives who are aware of their daily activities and associationsA caring adult can come from adults outside a child’s familySlide49
What Can Help
School Connectedness & Success
www.GuardianadLitem.org
School connectedness appears especially important to adolescents who experience adversity in their homes
because
school may be one of few contexts where such adolescents’ achievements are recognized and celebrated Slide50
What Can Help
Religiosity
www.GuardianadLitem.org
The National Study of Youth and Religion found religious faith was important in the lives of many teens in the United
States
Recent
literature documents that religiosity, or how important religion is to someone, protects against many types of negative outcomes for adolescents, including
delinquencySlide51
GAL Can Help
Presence of a Caring Adult
Help to find a Mentoring Program
Ask the Child who they are connected with – who is a positive influence, such as a teacher, coach or family member
Encourage
child to work with probation officer and case
worker as these professionals can be great advocates for youthSlide52
GAL Can Help
School Connectedness & Success
www.GuardianadLitem.org
Advocate for Same School – minimize attendance at different schools through placement in same school district
Tutoring Programs
Normalcy – as much as feasible
Seek out a PACE school – all girls school
Be creative don’t be afraid to seek out new solutions! Slide53
GAL Can Help
Mental Health
Ensure that Mental Health Evaluations are Complete
Recommendations Followed
Substance Abuse Evaluations Complete
Recommendations Followed
Services will Remain Consistent through Delinquency into DependencySlide54
GAL Can Help
Running Away
www.GuardianadLitem.org
If the Child is Running Away – ask why?
Does the child have safety concerns at home? At school?
Advocate for Services accordingly Slide55
GAL Can Help
Health
www.GuardianadLitem.org
Is the Child receiving appropriate medical attention?
Refer to a specialist that deals with girls health issues
Teen Moms – placed with child; needs of teen mom Slide56Slide57
Overview of Mental Heath and Substance Abuse in
Crossover Youth
Objectives
www.GuardianadLitem.org
January 2013
Understanding mental health issues and substance abuse in crossover youth
The GAL in continuum of careSlide58
Crossover Children & Youth
www.GuardianadLitem.org
d
MENTAL HEALTHSlide59
Mental Health
Overview: Trauma and Violence
d
There is no one model that accounts for the development of mental illness.
Some disorders have predominately
biological
or
neurological basis; others are related to life experiences and trauma or communication difficulties.Slide60
Mental Health
Overview: Trauma and Violence
d
However,
trauma is greatly associated with the development of symptomatic behavior
in crossover children/youth who are
more likely to have been previously exposed to potentially
traumatic events such as:Witnessing or being subjected to physical or sexual abuseBullyingViolence in home or in communityLoss of a loved oneBeing a refugeeLife-threatening injury or illness
If there is a delay in service referral or initiation, make sure to notify the advocacy team
.Slide61
Mental Health
Overview: Trauma and Violence
www.GuardianadLitem.org
d
Children exposed to traumatic events are at higher risk for developing mental health conditions.
These children/youth
are more likely to have been exposed
to:multiple types of traumatic events;multiple occurrences of a potentially traumatic event; andrepeated occurrences of a potentially traumatic event.
Review the CBHA and ensure the services recommended in are added to the case plan and put into place
.Slide62
Mental Health
What The Data Tells Us About Crossover Children & Youth
www.GuardianadLitem.orgSlide63
Mental Health
Community Treatment vs. Commitment
www.GuardianadLitem.org
Make sure to attend the multidisciplinary team staffing and advocate for the least restrictive placement appropriate.Slide64
Mental Health
Community Outpatient Programs
www.GuardianadLitem.org
Children
served in
community outpatient programs:
Improved
on measures in emotional and behavioral symptoms and strengths within 1 year of entering services at a rate of 33% of those in dependency and 40% in delinquency.After 6 months, acedemic and behavior problems decreased significantly, delinquent youth had fewer contacts with law enforcement and substance use and dependenct children showed fewer dificulities in relationship building.During first 3 months of treatment, there was a significant reduction in
trauma symptoms.Slide65
Mental Health
Community Outpatient Programs
www.GuardianadLitem.org
Children
served in
community outpatient programs (Continued)
.
Work with DJJ to make sure any commitment program recommended has the appropriate mental health services. Ask stakeholders to discuss whether dependency community mental health services or residential treatment with probation is appropriate.Slide66
Mental Health
Trauma Focued Therapy
www.GuardianadLitem.org
The Substance Abuse and Mental Health Services Administration (SAMHSA) trains juvenile justice and child welfare professionals in trauma-informed perspectives and how to deliver trauma-focused, evidence –based practices.Slide67
www.GuardianadLitem.orgSlide68
www.GuardianadLitem.org
Trauma Focused Therapy includes
:Trauma-Focused Cognitive Behavioral Therapy
Attachment TherapySelf-Regulation TherapyChild-Parent Psychotherapy
Structured Psychotherapy for Adolescents Responding to Chronic Stress.
Therapy that is trauma-focused has been shown successful in mental health treatment for this population. See www.samhsa.gov/children
for information on these therapies.
Trauma Focused Therapy
Mental HealthSlide69
Mental Health
What Can a GAL Do?
www.GuardianadLitem.orgSlide70
Mental Health
Lack of Information Sharing
While there are confidentiality concerns that have to be addressed, the Guardian ad Litem can be extremely helpful in facilitating information sharing. Slide71
Mental Health
Lack of Information Sharing
www.GuardianadLitem.org
Always talk with your Children’s Advocacy Coordinator and the Child’s Best Interest Attorney about the benefits and consequences of sharing mental health information as to each individual child in each situation as it arises and if it is permissible by order or statute.Slide72
Mental Health
Lack of Information Sharing
www.GuardianadLitem.org
You will want to discuss with the advocacy team:
Legal Authority to share information, if any.
Child’s psychotherapist-patient privilege:
GAL cannot waive it.
GAL can motion to compel records when necessary to promote the child’s best interest or motion to quash subpeonas to protect records from release.Slide73
Mental Health
Lack of Information Sharing
www.GuardianadLitem.org
You will want to discuss with the advocacy team:
Whether special considerations implicated by the offense the child/youth is accused of (for example: a child on child sexual offense) indicates you should seek an AAL appointment.
Remember discussions with a GAL are not privileged.
GAL records have protection from public records inquiry and have confidentiality protections, but like all records ,could be subject to a judicial order compelling production.Slide74
Crossover Children & Youth
www.GuardianadLitem.org
SUBSTANCE ABUSESlide75
Substance Abuse
Overview
www.GuardianadLitem.org
Approximately 680,000 youths (2.7 percent) aged 12 to 17 have ever been in foster care in the U.S.
Youth from substance-abusing families frequently have serious emotional and behavioral problems, including a tendency to choose risky behavior.
Substance abuse is a factor in at least three quarters of all foster care placements nationwide. Studies indicate high rates of lifetime substance use and substance use disorders for youths in the foster care system.Slide76
Substance Abuse
Overview
www.GuardianadLitem.org
Approximately 680,000 youths (2.7 percent) aged 12 to 17 have ever been in foster care in the U.S. (continued)
These youth had higher rates of use of any illicit drug than youths who have never been in foster care (33.6 vs. 21.7 percent).
Youths
aged 12 to
17, in need of substance abuse treatment, are more likely to have received treatment if they had been in foster care. Slide77
Overview
www.GuardianadLitem.org
17 year olds in foster care
45%
of
these
youth reported using alcohol or illicit drugs within six months of being surveyed;
49% had tried drugs sometime during their lifetime and 35% met criteria for a substance use disorder.Having a diagnosis of Conduct Disorder and/or living in an independent living situation significantly increased the likelihood of current and lifetime substance use and disorder.A diagnosis of Post Traumatic Stress Disorder also predicted increased likelihood of polysubstance use and substance abuse disorder. Substance AbuseSlide78
Substance Abuse
Dual Diagnosis: Mental Health & Substance Abuse
www.GuardianadLitem.org
Risk factors such
as:
having a history of running away,
being detained
at a juvenile detention center after arrest, and having a substance abuse problem significantly increase the likelihood of dependent youth becoming delinquency wards after arrest.Slide79
Dual Diagnosis
Substance Abuse
www.GuardianadLitem.org
The diagnosis
of conduct disorder
increases
significantly with the
occurrence of substance abuse. The number of symptoms for conduct disorder, anxiety, and depression increases with substance abuse.With polysubstance abuse the probability of having more than one of the other psychiatric diagnoses is above 50%.
Duel diagnosis residential care centers are available as dependency placements in Florida.
May need
a qualified assessment recommending placement
.Slide80
Substance Abuse
Dual Diagnosis
www.GuardianadLitem.org
Of youth committed to a delinquency facility:
17
percent had no indication of a problem
,
28 percent of youth had a mental health problem without mention of a substance abuse problem, 17 percent had a substance abuse problem without mention of a mental health problem, and 38 percent were dually diagnosed.Slide81
What Can a GAL Do?
Mental Health & Substance Abuse
www.GuardianadLitem.org
Work
to promote
normalcy
Connect
youth to family membersConnect youth to a supportive adult Advocate for mentoring servicesSlide82
Mental Health & Substance Abuse
What Can a GAL Do?
www.GuardianadLitem.org
Connect child to a supportive adult -
either
family
or
community member:Increased positive outcomes among youth age 11 and older who had not had such a person before they entered services.Showed improvements in emotional and behavioral health as well as in grade point average.Only half of crossover youth, nationwide, are connected with a supportive adult within 6 months of entering a
system of care
.Slide83
Mental Health & Substance Abuse
What Can a GAL Do?
A GAL can be an advocate for the least restrictive placement possible.
In a Los Angeles County study, at
least a third of the arrests that brought
crossover
youth into the juvenile justice system
occurred while they were residing in dependency group homes.Slide84Slide85
Independent Living Issues for
Crossover Youth
Objectives
www.GuardianadLitem.org
December
2012
Understanding independent living issues effecting crossover youth including:
Normalcy
Pre-Independent Living
Life Skills
17 Year Old Judicial Review
Road to Independence Program
Extension of JurisdictionSlide86
Independent Living
Overview
www.GuardianadLitem.org
d
Florida has an independent living program to assist youth in out of home
placements prepare for transitioning to adulthood.
The department has a wonderful resource that breaks down all the aspects
of Florida’s independent living program: http://www.dcf.state.fl.us/programs/indliving/docs/faqs.pdfYouth in the independent living program have a number of rights which are enumerated in this document:http://www.dcf.state.fl.us/programs/fostercare/docs/fsp5320.pdfThere are numerous checklists and resources available on the StatewideGuardian ad Litem Program website: http://guardianadlitem.org/teen_main.aspSlide87
Independent Living
Normalization
www.GuardianadLitem.org
In the past, youth in the dependency system have been treated differently than youth of the same age in intact families. Although the goal of protecting Foster youth from further harm was laudable, the effect of too much regulation was to set youth apart from similarly aged children in the community. Older youth, working through their youth advisory boards, advocated for treatment called “Normalization.”
Normalization means that
ALL
foster children should be permitted to engage in age-appropriate life activities.
Crossover youth are entitled to the same normalization activities so long as they don’t interfere with any conditions of the youth’s probation or DJJ requirements.. Slide88
Independent Living
Medicaid
www.GuardianadLitem.org
Former foster youth are eligible to receive Medicaid until the age of 21. Therefore, any young adult who is eligible to receive services under § 39.1451(5) (i.e., any of the three Independent Living programs), will now qualify for Medicaid services without any income or resource test.
.
This can be especially important for crossover kids who many need specialized therapy or medical treatment such as psychotropic medication.Slide89
Independent Living
Pre-Independent Living Services
Pre-Independent Living Services are for youth between 13 and 15.
The Specific Services are:
Life skills training;
Educational field trips; and
Conferences.
Crossover youth especially need these life skills services and participation in some of these services may fulfill conditions of their DJJ probation. Slide90
Independent Living
Life Skills Services
Florida law provides that life skills services are to be provided to foster
youth between
the ages of 15 and 18. These services include
:banking and budgetingInterviewing,
parenting skillseducational supportemployment training and counselingsocial security benefitspublic assistanceAll Services provided to youth are based upon an Independent Living skills assessment. Slide91
Independent Living
Life Skills Services
Staffing
The department must conduct
staffings
for each youth at least every six months to ensure that appropriate services are provided, and to evaluate the youth’s progress.
Both the assessments and results of the staffings must be reduced to writing, signed by the youth and included in the Judicial Review Report.
Crossover youth especially need these life skills services Some of these services may also fulfill conditions of Youth’s DJJ probation. Slide92
Independent Living
17 Year Old Judicial Review
www.GuardianadLitem.org
The department must conduct an IL assessment to determine the youth’s skills and abilities to live independently during the calendar month following the youth’s 17
th
birthday.
There is also a special Judicial Review Hearing that must be held within 90 days of the 17
th birthday. At this hearing, the court can enter orders that address issues such as housing and banking. It is very important that this assessment and Judicial Review occur, even if it means transporting the youth from a DJJ Commitment Program. Slide93
Independent Living
Road to Independence Program
www.GuardianadLitem.org
The Road to Independence Program is a scholarship program that provides financial assistance to youth.
To qualify, a youth must meet the following conditions:
A Florida resident;
Approved prior to the youth’s 21
st birthday;Enrolled in school full time;Adjudicated dependent;Spent at least six months in foster care; andIn foster care or subsidized independent living on his or her 18th birthday.The last qualification is especially important to pay attention to as this could be an issue for crossover children.Slide94
Independent Living
Extension of Jurisdiction
www.GuardianadLitem.org
The court may extend jurisdiction until the youth reaches the age of 19 for the purpose of determining whether services are still needed.
The services could be:
After care support
Road-to-Independence Scholarship
Transitional supportMental health treatmentDevelopmental disability servicesThe extension of jurisdiction can be particularly valuable for crossover kids whose Independent Living Services were delayed because of their DJJ involvement.Slide95
Independent Living
Transitional & Aftercare Support Services
www.GuardianadLitem.org
There are transitional and aftercare support services available to youth who need assistance achieving self-sufficiency.
Transitional services are short term services (maximum 3 months) and the youth has to demonstrate they are vital for achieving self sufficiency.
Aftercare services are sometimes available for youth who need temporary financial assistance. The main purpose of these funds is to prevent homelessness. Slide96
Independent Living
Documents
www.GuardianadLitem.org
Youth in foster care are entitled to:
Current Medicaid card
Certified copy their birth certificate
Florida ID card or Florida driver’s license
Information regarding social security insurance benefitInformation on public assistanceCrossover youth are often missing many of these documents and the GAL can be instrumental in assisting the youth with obtaining these documents from their caseworker.