Diversionary Programs/Strategies

Diversionary Programs/Strategies David Ansley Tarrant County Juvenile Services Diversion Intake Supervisor davidansley@tarrantcounty.com 817-838-4600 ext: 199

Q: What does it mean when a child is diverted? A: A child who comes into contact with law enforcement has been diverted, at some point, from being adjudicated delinquent in the juvenile system.

Benefits? How can Diversionary programs and/or strategies potentially benefit the courts, district attorneys, and juvenile departments? • More manageable court dockets • Reduced court appointed attorney costs • Lower probation field and intake caseloads • More time and resource availability for current juvenile clients

Benefits continued • Lower recidivism rate when not introduced further into the legal system via in custody referral and detention (“Dangers of Detention” A Justice Institute Report by Barry Holman and Jason Ziedenberg) • Additional support for parents related to effective parenting strategies via counseling programs mainly through community agencies • Lower costs to the county/state when early diversion programs/strategies are utilized

Secondary Benefit • Referring juveniles for services enhances collaborative working relationships with community providers. This in turn may assist these agencies to secure more funding, such as through grants, thus increasing their ability to provide future services for juveniles.

Defense Attorney Benefit • “I’m a defense attorney and I didn’t see any benefits for me?” • More time for golf and tennis.

Police Diversions Title 3 Chapter 52.03 allows officers the discretion to enter dispositions per guidelines set forth by the Juvenile Board. Officers may also counsel youth and parents and make referrals to community agencies including the STAR program set forth by Texas Department of Family Protective Services. STAR program is available for 7-17 year olds. Police Departments, under 52.031, may also make referrals to the First Offender Program in which the child and/or parent generally complete some type of counseling curriculum.

First Offender Program What type of cases can be referred? Any misdemeanor or state jail felony which does not include a weapon or violence. Is participation in FOP mandatory? Voluntary participation is required of both the juvenile AND the parent(s)/guardian.

First Offender Program What can be required of a juvenile/parent as part of FOP? 1. Voluntary Restitution 2. Voluntary community service restitution 3. Educational, vocational training, counseling, or other rehabilitative service 4. Periodic reporting to law enforcement or agency to which the child was referred

First Offender Program What happens when the child completes FOP successfully? • Child’s case is closed and may not be referred to juvenile court • Child must complete program and not be taken into custody again for another offense within 90 days of having completed FOP

First Offender Program • Tarrant County’s FOP program is run by the Lena Pope Home. • Their curriculum is one night per week for seven weeks. Parents and children attend separate groups.

Youth: Building Family Relationships Peer Pressure Youth Self Esteem Social Skills Decision Making TYC client presentation for both juveniles and parents Refusal Skills Parent: Identify Family strengths/weaknesses Clear Messages Consequences Decision Making Corrective Teaching TYC client presentation for both juveniles and parents Building Relationships Topics of FOP Curriculum Lena Pope assigns a family specialist to each family. This specialist follows the family through FOP and is available for additional assistance outside of classroom hours.

Tarrant County FOP Stats 2005: 296 juveniles completed FOP. • As of 7/16/07, 23 were re-referred to juvenile department • 92% were “referral free” over a year later 2006: 277 juveniles completed FOP • As of 7/16/07, 29 were re-referred to juvenile department • 90% were “referral free” for at least 7 months

Juvenile Department Diversion Supervisory Caution w/ potential referral to outside agencies for services Deferred Prosecution not to exceed 6 months with or without counseling services as part of voluntary agreement Specialized programs such as: Juvenile Drug Court Victim Mediation Neighborhood Conference Committee (NCC)

Tarrant County Juvenile Drug Court Typically 6 months Drug counseling/treatment for both juvenile and parent Random U/A’s Periodic Administrative Reviews Judicial Reviews Juvenile records sealed upon successful completion

Tarrant County Juvenile Drug Court 81% complete Drug Court successfully (2000-2007) 98% not adjudicated after 6 months of having completed program (2000-2007)

Victim Mediation Family Violence cases: Facilitated by a trained mediator Referred for follow-up counseling services by contract agency Other juvenile cases: May involve voluntary monetary restitution Potential community service restitution

Neighborhood Conference Committee Local citizen groups provide services to first-time offenders in high crime zip codes A community coalition develops a case plan with the youth and his/her family Case is supervisory cautioned if NCC completed successfully

Diversionary Programs/Strategies