Call to Order and Roll Call
The 7th meeting of the Task Force on the Unified Juvenile Code was held on Tuesday, October 22, 2013, at 1:00 PM, in the Combs Chandler Room, Galt House Hotel, Louisville, Ky. Representative John Tilley, Chair, called the meeting to order, and the secretary called the roll.
Present were:
Members: Senator Whitney Westerfield, Co-Chair; Representative John Tilley, Co-Chair; Glenda Edwards, Steven Gold, Teresa James, Lisa P. Jones, Bo Matthews, Pamela Priddy, and John Sivley.
Guests: Diana McGuire, Deputy Commissioner of Operations, Kentucky Department of Juvenile Justice; Sherri Smith Jones, Deputy Commissioner for the Community and Mental Health Services Division, Kentucky Department of Juvenile Justice; Rachel Bingham, Administrative Office of the Courts, Juvenile Services; Bobby Lewis, Associate Superintendent for Student Services, Hardin County School District; Judge Dennis Prater, 36th District Court, Magoffin and Knox Counties; Pamela Lachman, Senior Associate, Research, Public Safety Performance Project; Judge Steven Teske, Georgia Criminal Justice Reform Commission, Co-Chair, Oversight and Implementation Committee; and Representative Dennis Horlander.
LRC Staff: Matt Trebelhorn, Jonathan Scott, Jessica Causey, and Kathy Miller.
Approval of Minutes
A motion was made by Bo Matthews and seconded by Steven Gold to approve the minutes of meeting 6 of the Unified Juvenile Code Task Force. The motion passed by voice vote.
Truancy Panel
Bobby Lewis, Associate Superintendent for Student Services, Hardin County School District, spoke on the Truancy Panel in Hardin County. The Truancy Panel looks at students and trend issues to determine the causes of truancy. Family Resource Coordinators are used in a liaison capacity to determine problems in the home and give personal attention to each case.
Any absence beyond six days due to illness must be verified by a doctor’s statement in order to be excused. On the 6th unexcused absence, a final notice is generated. High school students receive either a home or school visit to address the truancy. The parent/guardian and student must work together to ensure no more unexcused absences. If the student continues to miss, mediation is scheduled at the courthouse. Mediation is an effort to help the parent/guardian, along with the student, understand the importance of being present at school. During mediation, a contract is signed, and the underlying reasons for truancy are discussed and remedied. Mediation is the final step before court proceedings. Continued unexcused absences result in a petition being filed and a court appearance with an attorney present. The ultimate goal of the Truancy Mediation Program is to increase attendance, which equates to seat funding. Any attendance gain will result in a savings.
Senator Westerfield asked if personal visits are made to the home. Mr. Lewis replied that the family resource center, Department of Protection and Permanency, court designated workers, school principals, social workers, and Judge Hall will make visits to the home. Senator Westerfield asked if the mediation program had a binding contract or just a persuasive effect. Mr. Lewis answered that the mediation contract is signed by parents, and there is a good faith presumption that both parents and schools will uphold their part.
Representative Dennis Horlander asked Mr. Lewis about the location and size of the Hardin County school district. Mr. Lewis said the student population is 14,500, and it is in close proximity to Ft. Knox, causing some military transiency issues. The Truancy Mediation Program, in close work with the Department of Juvenile Justice (DJJ), serves 13 elementary schools, five middle schools, three high schools, and one alternative school.
In response to a question from Dr. Sivley, Mr. Lewis explained that mental health referrals can be made through Comp Care. Practitioners go to the schools for assessments.
Bo Matthews asked whether funding pertains to Average Daily Attendance (ADA) versus Average Daily Membership. Mr. Lewis said that funding is attached to ADA, which focuses on attendance. While students are compelled to stay in school until age 18, he favors putting Performance Based Credits into place for students who could graduate based on performance, not attendance. Mr. Lewis also explained the problem of automated calls to the parents. Frequently automated truancy calls do not reach parents due to disconnected or wrong numbers, and a personal call is encouraged. In response to a follow up question by Mr. Matthews, Mr. Lewis explained that there is a parallel between truancy mediation and diversion, especially in high school. The judge will hold meetings once a month with the truant students identified by schools.
Ms. Bingham said that statewide, 62 of the 120 Kentucky counties have truancy diversion programs.
In response to a question from Mr. Gold, Mr. Lewis explained that truancy mediation is true formal mediation, staffed by a trained mediator. Hardin County has a $5,000 budget for this position.
Ms. Edwards asked if the mediation process includes social workers and Comp Care. Mr. Lewis answered that they have input and share information with the goal of resolving issues.
Mr. Gold commented that the Truancy Panel seemed like Dependency Neglect and Abuse Court and asked if a court appearance is beneficial. Mr. Lewis said that only students who are adamant about not attending school will end up in court. Usually the threat of a one to three day detention resolves the issue. The binding authority of the court will sometimes be enough deterrent. A spike in student body attendance is usually seen after a detainment.
Representative Tilley asked how many students refuse to attend school. Mr. Lewis answered that one percent of truants refuse to attend. In those cases, the parents agree that jail is an appropriate punishment.
Judge Dennis Prater, 36th District Court, Magoffin and Knox counties, spoke on the Truancy Diversion Program in Magoffin and Knox counties, started in 2007. Their program lasts for ten weeks.
Representative Tilley asked if Judge Prater had experienced problems because of a statewide void of drug treatment beds for juveniles. Judge Prater responded that there are no resources in his Juvenile Drug Court for treatment because of budget cuts.
Judge Prater said the Truancy Diversion Panel intervenes at the three-absence stage in a pre-complaint conference with the parents to raise awareness. He noted a .5 percent increase in attendance in 2012, resulting in a savings of $39,000.
The three strike approach of the Truancy Diversion Panel is: (1) have students participate in the ten week program; (2) make a court appearance resulting in zero tolerance for truancy; and (3) detention. Only four students have reached the third stage in six years.
Judge Prater said that the Truancy Diversion Panel is a tool to help at-risk youth in difficult budget times.
Senator Westerfield asked for a clarification of the truancy threshold of six. Judge Prater said the six includes both unexcused absences and unexcused tardies. Mr. Lewis believes that if a student can master the material, the truancy number should be amended based on scholastic standards.
Senator Westerfield asked whether the truancy threshold of six could be raised. Mr. Lewis said he hoped that with common sense and work, there would be leeway in the number, but that not all schools were flexible.
Senator Westerfield asked which method of truancy diversion is preferable: court based or school centric. A discussion followed about the keys to a good program, which includes a good court designated worker, a good court relationship with schools, and a family resource center.
Mr. Lewis said he believed earlier intervention in truancy is necessary. Typical truant students miss 20 days.
Representative Tilley commented that the statute for truancy and tardiness may need to be rewritten.
Mr. Matthews commented that judicial dockets are too full to see anything but excessive and habitual truants.
Judge Prater said truancy impacts school performance, which in turn impacts merit pay and test scores.
In response to a question by Commissioner James, both presenters agreed that the truancy issue could best be helped by a parenting component. Counseling parents and equipping them to best meet the needs of their children would be beneficial.
Mr. Matthews made a comment on the lag time in reaching truants in a timely fashion based on red tape.
Mr. Gold commented that the solution may be legislative or may be at the ballot box. Sweeping changes could be made at a state level, or perhaps new judges should be in place.
Status Offenders Committed to the Cabinet
Pamela Lachman, Senior Associate, Research, Public Safety Performance Project, spoke on Status Offenders Committed to the Cabinet.
Of the 859 Department of Community Based Services (DCBS) youth with status charges committed out of home, only 259 are adjudicated status offenders (identified by Foster Care Review Board, October 2013). Five percent of all commitments to DCBS are adjudicated status offenders, other categories are abuse and neglect, child abuse, dependency, and neglect. This number does not include the probated population, which requires cabinet involvement but not out of home placement.
Compared to other DCBS commitments, an adjudicated status offender spends 8.6 months out of home at an average age of 16.2 years versus 15.7 months out of home, at an average age of 8.3 years old. The average age at commitment for youth released from DCBS commitment in 2012 as an adjudicated status offender was one year older, at 16.2 years, than youth released from DJJ as adjudicated public offenders. Status offenders’ out of home length of stay is shorter than public offenders by only 4 months, 8.6 months versus 12.4 months.
There is a significant cost of status offenders committed to DCBS. Adjudicated status admissions to DCBS (2012) were 278 youth, with an average length of stay of 8.6 months and an average annual bed cost of $34,848 equaling approximately $6.9 million per year. About $5.9 million is not eligible for federal 4-E reimbursement and is paid by the state general fund.
Ms. Priddy asked about recidivism. In response, Commissioner James, Department for Community Based Services, Kentucky Cabinet for Health and Family Services, said many juvenile offenders are committed multiple times.
Judge Jones asked whether out of home placement is meant foster care or treatment. Commissioner James responded that it usually refers to residential placement.
Ms. Edwards asked about 4E waivers and the cost. Commissioner James said the cabinet retains legal custody of the offenders if they are not eligible and moved to in-home placement.
Commissioner James said that home is always the first option when Ms. Bingham asked if the case plan for status offenders is the same as for Dependency, Neglect and Abuse guidelines at the point of commitment.
Senator Westerfield commented on what could be done to improve the situation if the $6 million spent on juvenile detention could be saved. He asked if there are legislative fixes and if DCBS hand-counting could be corrected.
Commissioner James spoke about what happens at the time of commitment. She said the judge calls the cabinet, which has no prior contact. DCBS assesses the needs: residential or structured commitment, family issues to be addressed, and clinical needs. The cabinet hopes for place-back in 30 days because it is cheaper and more effective with a better outcome.
Mr. Gold asked Ms. Lachman whether juveniles who voluntarily extend their commitments past 18 years old would skew the numbers. Ms. Lachman said dollar amount could be skewed by that. Commissioner James said it is very infrequent that a juvenile would stay past 18 years old.
Mr. Gold asked what could be done about the high rate of recidivism. Commissioner James said that stabilization of families with early and appropriate intervention would keep juveniles from reoffending. She recommended teaching parents to nurture their children.
Dr. Sivley wondered if savings diverted to proven programs would result in cost savings from future incarceration. Commissioner James said 40 percent of juveniles in this discussion have prior DCBS involvement. If the option to detain is removed, it should be replaced with new programs that keep children in communities.
When asked by Judge Jones if the Cabinet still wants the juveniles in question, Commissioner James said that with enough money and support, her staff is in place and prepared. The cabinet does not do well with high risk juveniles, but with appropriate recourses and sufficient funding, it can handle the juveniles within provisions of the families. DCBS believes high risk juveniles with serious issues should go to DJJ.
Mr. Gold commented that DJJ and DCBS need similar delivery systems and should be combined into one efficient department of youth service. Ms. Bingham said that leadership is involved because the system of combined services has been tried and failed, due to communication issues causing gaps in the process.
Commissioner James said that at the end of the day, it is about having one door, a way for all families to get what they need before it is too late to help the child.
Ms. Edwards commented that there needs to be a better way of assessing services, with a clear gate-keeper. She also wondered why there cannot be a system built that does not require DJJ or DCBS.
Juvenile Justice Reform in Georgia
Senator Westerfield introduced Judge Steven Teske, Georgia Criminal Justice Reform Commission, Co-Chair, Oversight and Implementation Committee.
Judge Teske spoke about data-driven policy-making. Research in Georgia has shown that placement in Youth Detention Campuses does not lower the likelihood of juvenile reoffending and may in fact increase the likelihood of committing a new crime for some offenders. Also, a longer length of stay in secure facilities does not increase public safety. Targeting high risk offenders for correctional interventions maximizes recidivism reduction. There are a number of community-based intervention strategies and program models that have been proven cost-efficient and are also effective to reduce juvenile reoffending.
Judge Teske discussed his recommendations to reduce recidivism and improve community safety. His first recommendation is to implement a performance incentive structure to create opportunity to commit monies to reinvest in communities. Judge Teske’s second recommendation is to create a two-class system within the Designated Felony Act that allows for restrictive custody in all DF cases while taking into account both offense severity and risk level. The third recommendation is to prohibit status offenders and some misdemeanants from being committed to secure and residential facilities and reinvest the savings into the community. This would allow only juveniles who are adjudicated for a felony offense to be committed to state facilities, unless they met certain criteria. The fourth recommendation is to require juvenile courts to collect and track data regarding referrals to the juvenile justice system in order to give the state the capacity to make more informed, data-driven decisions that can improve public safety. The fifth recommendation is that all re-directed funds to the local juvenile courts shall be used for evidence-based programs and practices, using judicial leadership to decide which programs best serve their local community. The sixth recommendation is that judges assess each youth considered for out of home placement (commitment) using a predisposition risk and needs assessment tool.
Juvenile justice reform in Georgia resulted in significant reduction in average daily population and length of stay in Youth Detention Centers, commitments to the state, and juvenile arrests. There was an overall increase in graduation rates.
Judge Teske suggested that Kentucky begin juvenile reform with a problem statement and then match evidence-based practices to the children.
Representative Tilley addressed the issue that eliminating detention as an option would be considered soft on crime. He wondered what would be tougher on crime than improving public safety.
Ms. Bingham asked who in Georgia housed the data on juvenile crime. Judge Teske responded that a central registry was mandated by law and left to the Oversight Committee. Judge Teske said Kentucky needs to look at the available systems for the best place to accumulate data, but that participation needs to be forced and safe. Data should target the right information for the right people, and a weekly report should be generated to measure every recommendation.
Senator Westerfield asked how to address the fears of stakeholders (judges, prosecutors, educators) about abandoning detention of status offenders. Judge Teske suggested that looking for community options first would eliminate the unknown and long-lasting effects of lifetime stressors, tension and trauma to an incarcerated juvenile. He suggested Kentucky move forward carefully, channeling resources to intensive evidence-based programs. In agreement with Dr. Sivley’s earlier comment, Judge Teske agreed that detention cannot be taken away without adding programs, and that the majority of judges in Georgia worked with the concept.
Mr. Gold thanked Judge Teske for affecting program changes in Henderson, Kentucky. He also asked if funding for rural counties would be enough to make an impact. Judge Teske suggested rural counties develop a coalition to apply together as a region for redirected funds.
Judge Teske said that the most important thing is that redirected funds go to evidence-based practices. The goal of juvenile justice reform in Georgia was to bring about judicial leadership and that they should be allowed to decide, with assistance from local offices of state agencies, how to give direction and create local collaboratives. He believes everyone should be involved in the decision making, which would allow communities to decide what the program looks like, assessing needs and matching to providers.
Judge Teske said that, depending on how the state system is configured, decentralizing around redirected money becomes an incentive to local judges and communities. He said if youth are not committed, and bed space is cut, the rest will fall into place.
The 7th meeting of the Unified Juvenile Code Task Force was adjourned at 3:45.