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A Ray of Hope
in the Juvenile Justice System
by Robert M. Tudisco, Esq., Attention! Magazine and
www.chadd.org, December 2002
For more articles visit
www.bridges4kids.org.
For years, as
a criminal defense attorney, I have consistently advocated for
treatment for my clients in lieu of punishment or, at the very
least, in addition to it. It has always been my belief that
the only hope of reducing recidivism is to address the reasons
or criminal conduct, as opposed to blind punishment. This
message is harder to convey as crime increases and tolerance
decreases. And, as significant as this message is, it is even
more critical in the context of the juvenile justice system.
Despite this importance, this message is often missed or
ignored. While the experts debate the pros and cons of
rehabilitation for adults, the juvenile justice system poses a
much more complex problem. First, by definition, the juvenile
justice system involves children. Presumably the argument for
rehabilitation is stronger with children and adolescents
because there is a larger window of opportunity in their
future.
Conversely, a
shorter period of antisocial behavior, relative to their adult
counterparts in the criminal justice system, would logically
lend itself to a more optimistic view toward rehabilitation.
What further complicates the issue is that children under a
certain age have a right to a Free Appropriate Public
Education (FAPE). This obligation remains, despite charges of
delinquency and potential incarceration. In fact, an
extraordinarily high percentage of children and adolescents
with special education needs exhibit antisocial behavior that
will bring them into the juvenile justice system. Without
considering the educational component, far too many will
continue on to enter the adult criminal justice system. There
is, however, a ray of hope. I have been fortunate over the
past year to see up close how educational issues are
prioritized in a local Family Court in White Plains, New York.
The approach is to address the educational component with
understanding and patience, to look behind the criminal
conduct, and while punishing it appropriately, take the time
and interest to see that these children receive the proper
assessment, education and placement. The reasoning is simple.
First, these
are children who could, in many cases, have a future if their
educational needs are addressed.
More practically speaking, however, these judges see the other
side of the notorious "revolving door of justice." It pains
them to see the same faces coming before them as these
children often return to the system. This is the sad and
sympathetic side of the revolving door the public doesn't see,
or more accurately, chooses to ignore. Judge Joan Cooney is
the administrative Judge for Family Court in Westchester
County, N.Y., as well as some of the surrounding counties.
Originally educated as a teacher before her legal career, she
understands the importance of the educational component that
is so often overlooked. According to Judge Cooney, "If you are
really going to help children, the educational component must
be looked at and addressed." Using State grant money, Judge
Cooney boldly addressed what was consistently being missed in
the juvenile justice system. She hired a full-time educational
consultant/ advocate to identify the missing piece of the
puzzle. Kaye Frank, who has over 20 years experience as an
advocate, is the Court's full-time educational consultant/
advocate. Initially the program served and responded to
neglect and abuse cases, but it eventually grew into the
juvenile Delinquent OD) and Persons in Need of Supervision
(PINS) cases.
Judge Cooney
and the other judges will typically flag a case where they
believe that the educational component is lacking and refer it
to Ms. Frank.
She reviews
the school records and evaluations, and advocates for services
and/or a placement if necessary. She attends Committee for
Special Education (CSE) meetings with parents and goes to
great lengths to tailor a placement to fit the child's special
needs. In addition, she attends all of the court appearances,
along with the attorney appointed to represent the child, and
works closely with the Department of Probation in
understanding and addressing the child's emotional and
educational needs. According to Ms. Frank, "The placement is
really the key to the whole picture." She spends much of her
time familiarizing herself with available placements and what
they have to offer. She even organizes trips with the judges
to the facilities so that they will have a better
understanding of what resources are available and also what
these kids face when they leave the courtroom. Many of these
adolescents and their families are uninformed and ill equipped
to advocate for accommodations or special education. Many
times, the allegations of delinquency are in fact
manifestations of disabilities that were never classified.
Punishment is therefore meaningless unless the underlying
cause for the behavior is addressed. Furthermore, these
children and adolescents have the right to FAPE, despite their
family's lack of means or education. The bottom line is that
the educational system is failing many of these children. This
in turn either causes delinquent behavior, or at the very
least, exacerbates it.
Another benefit to the program is that it sponsors education
sessions for parents, youth officers and attorneys so they can
develop an understanding and compassion for the educational
needs of the children in the system.
This involves
education on the disabilities themselves, their
manifestations, as well as sensitivity training, all designed
to address the unique needs of each child and to bring
awareness to those involved in the system on an ongoing basis.
More recently, Judge Cooney has put together a new system,
which will soon be implemented. In each case involving removal
of a child, she will fax an order to the Board of Cooperative
Education Services (BOCES) and within 72 hours, a complete
copy of the child's school records will be sent to the Court
file to follow the child through the system. The hope is that
with this information, the child's educational needs will be
addressed immediately.
It is important to stress that there must be a distinction
made between the delinquent behavior and the educational
component. Delinquent behavior is delinquent behavior-period.
It isn't and shouldn't be condoned, and often must be
punished. It is crucial, however, to look past the punishment
and see what steps can be taken to prevent this from happening
in the future. Again, the proper educational placement can
play a vital role in removing frustration, addressing
educational problems and enhancing self-esteem. Putting the
punishment aside, the goal should be to not see this child in
trouble in the future. It requires a break from traditional
thinking, which can often blur these distinctions.
The only downside to this approach is that it is still
considered novel.
To my knowledge, it is the only program in existence in New
York state, and possibly in the country. Clearly, this
approach should be the rule rather than the exception. The
problem usually comes down to funding and acceptance of
non-traditional ideas-the latter of the two being much more
difficult to overcome. I can only hope that other concerned
judges and administrators learn from a program like this and
begin to change the way the system works for the better.
Robert A Tudisco, Esq., is a practicing attorney in New York.
He is an adult diagnosed with AD/HD and is active in his local
CHADD chapter. He welcomes comments and questions at
robert.tudisco@verizon.net.
New Guide Helps Mental health Advocates Monitor Juvenile
Justice Facilities According to a new publication from the
National Mental Health Association (NMHA), "a number of
studies estimate that children with mental health treatment
needs make up between 60 and 75 percent of youth in
detention." The publication, Checking Up on Juvenile Justice
Facilities: A Best Practices Guide, is NMHA's latest offering
towards addressing the needs of the children placed in these
facilities. The 24-page booklet offers practical advice for
the successful implementation of juvenile justice facility
visits based on tour experiences in five states. Lessons
learned through the tours are provided so that mental health
associations and advocates can learn how to: Build a
coalition, Organize and conduct a tour of a juvenile justice
facility, Raise the consciousness of key state and local
policy makers, Educate the public about the needs and problems
that give rise to juvenile offenses, and Encourage the
development of effective, community-based alternatives to
incarceration.
A single copy of Checking Up on Juvenile Justice Facilities: A
Best Practice Guide is available free of charge and bulk
copies are $4 per package. Copies may be ordered by contacting
NMHA's Resource Center at (800) 969-NMHA (6642) or
infoctr@nmha.org.
Other related resources available from NMHA: Checking Up on
Juvenile Justice Facilities: A Handbook for Child Mental
Health Advocates and When Your Child is Behind Bars: A Family
Guide to Surviving the Juvenile Justice System. Posted
December 6, 2002
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