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Balancing the Scales:

Effective Strategies to Reduce Racial and Ethnic Disparities in the Juvenile

Justice System

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Racial and Ethnic Disparities Reduction

Tiana Davis, DMC Policy Director

Center for Children’s Law and Policy (CCLP) Public interest law and policy

organization Focus areas

Reduce unnecessary incarceration Improve conditions of confinement Reduce racial and ethnic disparities

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Today’s Goals:

Background and overview

Build a conceptual framework for understanding racial and ethnic disparities and Disproportionate Minority Contact (DMC) in the juvenile justice system

Review CCLP’s DMC Action Network approach for reducing racial and ethnic disparities

Explore successful strategies implemented by DMC Action Network sites and replication sites

Consider DMC implications for Juvenile Justice and Mental Health Collaborations

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Racial and Ethnic Disparities Reduction: Background and Overview

Models for Change and the DMC Action Network

Juvenile Detention Alternatives Initiative

Connecticut DMC Reduction Initiative

Racial and Ethnic Disparities Reduction Project

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Why is this important?

Juvenile Justice and Delinquency Prevention Act

Fundamental values of fairness and equity

Focus on rehabilitation

Negative consequences of juvenile justice involvement

System efficiency and effectiveness

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Reducing Racial and Ethnic Disparities: What Are Our Goals?

Reduce over-representation of youth of color at key decision points

Reduce the disparate treatment of youth of color at key decision points

Prevent youth of color from unnecessarily entering and moving through the juvenile justice system

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Overrepresentation

1886%

314%

Youth Transferred

African American

Hispanic

39%

41%

17%

3%

Overall Youth Population

African Amer-icanHispanicWhiteAsian

Youth Residing in the City of Northeast* Transferred to Adult Court

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  2005 2006 2007 2008

White 15.22 13.82 12.66 13.76

Black 53.35 51.86 51.53 55.92

Latino 24.23 18.32 21.41 22.03

0

10

20

30

40

50

60

White Black Latino

Sedgwick County Arrest Rates for Property Offenses 2005 -2008

2005 2006 2007 2008

2005 2006 2007 2008

2005 2006 2007 2008

Disparity

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Race/Ethnicity

Rate of arrestsfor a property offense

per thousand in 2008

Relative Rate Index(RRI)

White youth 13.76

African American youth 55.92 4.06

Hispanic/Latino youth 22.03 1.60

Disparity

Sedgwick County Arrest Rates and Relative Rate Indices for 2008

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Unnecessary Entry and Penetration

3 DEGREE ASSAULT

TRUANCY THEFT 2 DEGREE BURGLARY

D AND N 1 DEGREE CRIMINAL TRESPASS

TRESPASS VIOLATION OF PROTECTION

ORDER

CRIMINAL MISCHIEF

MENACING05

101520253035404550

26

16

22

15

20

10

5

17

10

7

21

7

25 24

20

10

6 6 75

25

45

12

18

5

12 12

2

53

8

15

9 9

5

2 3 3 45

12 1

WHITE

BLACK

HISPANIC

MULTIRACIAL

NATIVE AMERICAN

ASIAN

OTHER

*Source: Place name changed . Offenses represent the most serious of all charges at the time of admission .

Drakewood County Secure Detention Admissions by Top 10 Offenses and Race/Ethnicity for FY 2012

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What are the common causes of racial and ethnic disparities in juvenile justice?

Structural inequalities in our society Policies that are fair on their face but

have unintended negative consequences

Differential decision-making Differential access to prevention and

treatment Accumulated disadvantage Complex interactions with other child-

serving systems

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An effective effort to reduce racial and ethnic disparities is not . . .

A research project An attempt to solve the problems of racism and poverty An exercise in blame – e.g., kids, parents, the community, music, television, the

media A game of “gotcha” – e.g., finger pointing at public officials A way to reinforce the “abuse excuse”– e.g., poor, single-parent home, bad

neighborhood, etc. An attempt to gain more lenient treatment for youth of color than other youth An invitation to level the playing field by arresting or detaining more white

youth A magic bullet – e.g., expecting to know how to solve the issue by sending

leaders and staff to cultural competence and diversity training

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Data-driven Locally-driven with state level support Collaborative Intentional about changing the system’s

impact on youth and communities of color Focused on system response

Policy Practice Programs

Focused on measurable outcomes

Effective efforts for reducing disparities are:

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Reducing Racial and Ethnic Disparities: Planning for Reform

Guiding Principles for DMC Reform: Use data to inform policy, practice and program development Divert youth from formal system involvement and unnecessary

system penetration when consistent with public safety. Serve youth in the community, or in the least restrictive

environment required to meet the youth’s supervision and service needs

Ensure that youth of color have comparable access to opportunities for diversion as white youth

Employ objective decision-making criteria and standardize case processing to increase fairness and equity

Improve accountability at all levels of the system

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Arrest: Police

Schools Probati

on

Referral: Intake

staff

Detention:

Judge

Transfer to adult

court

Petition:

Prosecutor

Adjudication: Judge

Disposition :

Judge

DiversionCommunityservice

DiversionInformal process

Straight Release Alternativeto detention (least restrictive)

Diversion Dismissal

DismissalRelease

ProbationCommunity-based treatment Residential placement

Enhancing Diversion Opportunities for Youth of Color

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Percentage of Minorities at Each Stage: Alachua County FY 2010-11

Transferred to Adult Court

Committed

Detained

Non-Judicially Disposed

Judicially Disposed

Referrals Received

At- Risk Population

0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%

16%

25%

20%

30%

25%

28%

54%

77%

70%

74%

65%

70%

67%

31%

6%

3%

4%

4%

3%

3%

8%

WhiteBlackHispanicOther

Source: Florida Department of Juvenile Justice FY 2010-11 DMC Benchmark Report

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Model for Reducing Racial and Ethnic Disparities

Engage Stakehold

ers in Governing

Body

Map Decision Points

Gather and

Analyze Data:

Quantitative &

Qualitative

Focus on Key

Decision Points where

Measurable

Change Can

Occur

Plan Strategic Interventi

ons

Implement

Change

Evaluate Whether

Goals are Met

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Data Practices

• DMC Data Template• DMC Performance Measures• Race and Ethnicity Data Collection-Two-Question Format• Language Preference Data Collection

Culture and Community• Strategic Community Engagement• Cultural Responsiveness and Linguistic Competence• Form Translation

Arrests and Pre-Adjudication

• Arrest Diversion Protocols and Programs• School-Based Conflict Resolution and Discipline• Police and Youth Training Curriculum• Objective Detention Risk Screening• Alternatives to Secure Detention

Post-Adjudication • Graduated Responses Protocol and Matrix for Probation and

Community Supervision• Community-based Treatment Alternatives

Strategic Innovations for Reducing Racial and Ethnic Disparities

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What We Know: Racial and Ethnic Disparities in Juvenile Justice and

Mental Health

Youth of color are one-third to one-half less likely to receive mental health care as white youth (Holm-Hansen, 2006).

Among youth of color in contact with the juvenile justice system, nearly two thirds of males and nearly three-quarters of females meet diagnostic criteria for one or more disorders (Teplin, Abram, McClelland, Dulcan, & Mericle, 2002).

A Tennessee survey of 600 minority youth in custody revealed that 52 percent met diagnostic criteria for at least one disorder; but only 14 percent were referred to a mental health professional (Tennessee Commission on Children and Youth, Study of DMC, 2012).

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Arrest: Police

Schools Probati

on

Referral: Intake

staff

Detention:

Judge

Transfer to adult

court

Petition:

Prosecutor

Adjudication: Judge

Disposition :

Judge

DiversionCommunityServiceMH/SA TX

DiversionInformal processMH/SA TX

Straight Release Detention AlternativeMH/SA TX

Diversion DismissalMH/SA TX

DismissalReleaseMH/SA TX

ProbationCommunity-based MH/SA TX Residential MH/SA TX

Enhancing Diversion Opportunities for Youth

of Color:Key Points for Mental Health Intervention

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Mental Health and Juvenile Justice:Considerations for Reducing Racial and Ethnic

Disparities

Cornerstone 1: Collaboration* Multisystem Traditional and non-traditional

stakeholder involvement Planning body reflects population

served Collaboration required at all levels

of planning and implementation

Cler

gy

Serv

ice

Prov

ide

rs

Advoca

tes

Defense

Attorneys

Youth

Judges

Prob

atio

n

Parents

Police

ProsecutorsSchool

Systems

Adapted from Blueprint for Change: A Comprehensive Model for the Identification and Treatment of Youth with Mental Health Needs in Contact with the Juvenile Justice System- NCMHJJ, 2007

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Mental Health and Juvenile Justice:Considerations for Reducing Racial and Ethnic

DisparitiesCornerstone 2: Identification

Evaluate system data to identify need by:

Race, ethnicity, gender, age, geography Type and level of behavioral health need Data improvements may be necessary

Adopt: Race neutral behavioral health screening and

assessment tools Race neutral risk screening and

assessment tools Clear and objective policy and practice

guidance that separates behavioral health needs from risk

Adapted from Blueprint for Change: A Comprehensive Model for the Identification and Treatment of Youth with Mental Health Needs in Contact with the Juvenile Justice System- NCMHJJ, 2007

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Mental Health and Juvenile Justice:Considerations for Reducing Racial and Ethnic

Disparities

Cornerstone 3: Diversion

Objective criteria for diversion to behavioral health services

Equal consideration for diversion opportunities

Objective requirements for youth participation in programs

Supervisory review and accountability for diversion decisions

Adapted from Blueprint for Change: A Comprehensive Model for the Identification and Treatment of Youth with Mental Health Needs in Contact with the Juvenile Justice System- NCMHJJ, 2007

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Mental Health and Juvenile Justice:Considerations for Reducing Racial and Ethnic

Disparities

Cornerstone 4: Treatment Equal access to diversion treatment services Cultural responsiveness and language accessibility of treatment models and

treatment staff Effectiveness of treatment services for youth of color Developmentally and culturally appropriate incentives to motivate youth Culturally responsive supports to facilitate family involvement Sensitivity and responsiveness to trauma histories common among system-

involved youth Clearly defined and equally applied consequences for failure to comply with

program requirements Clear and objective guidelines for treatment providers Objective program completion and exit criteria Monitor and address issues related to arrests of youth in residential treatment

Adapted from Blueprint for Change: A Comprehensive Model for the Identification and Treatment of Youth with Mental Health Needs in Contact with the Juvenile Justice System- NCMHJJ, 2007

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Mental Health Innovations from the DMC Action Network: Pierce County, Washington’s Specialized Functional Family

Therapy Caseload

Pierce County had an array of evidence-based practices available for youth, but less than half of African-American youth who were referred to FFT successfully engaged with the program

The County identified a therapist who would focus on the cultural responsiveness of the program and who would work with a specialized caseload of twelve youth and families with the highest needs

Engagement rates almost doubled (45% to 83%) within the first few months of implementation

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Final Thoughts

We encourage Mental Health/Juvenile Justice collaboration teams to: Adopt an intentional focus on how your collaboration can have

an impact on racial and ethnic disparities. Apply the lens of race and ethnicity to your planning efforts to

maximize impact.

Questions

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Contact Information

Tiana DavisDMC Policy Director202.637.0377 x103tdavis@cclp.org

www.cclp.org