Essential role of probation

Youth courts rely on probation to investigate and assess cases referred to court to help inform appropriate dispositions. To protect the privacy of youths, it is vital that you focus the investigation on the information that is needed to make the intake decision and reserve more thorough investigation for predisposition investigations for cases where the youth admits to the charges or is adjudicated.

Predisposition investigations can occur after either a youth admits the charges or has been adjudicated. These investigations must focus on facts that are needed to inform disposition decisions. Although the direction and scope of an investigation will vary with the nature of the case and the resources and dispositional alternatives available, all predisposition investigations should be designed to shed light on three basic sets of issues:

Improvement

What can help the youth build upon their strengths and adopt positive behaviors?

Accountability

What efforts can system professionals take to help youth understand the gravity of their behavior (ripple effect), and how can the youth justice system mediate the harm done to other parties and the community?

Community safety

What level of supervision is necessary in order to keep the community safe? Does the youth pose immediate and/or long-term risks to public safety? What is the best way to mediate risks to safety while not unnecessarily furthering a youth’s infiltration into the system, risking further trauma.

Assessing safety risks posed by a youth requires a comprehensive understanding of the behavior incident, their behavior history, and their social supports. You should try to identify the circumstances (where, when, how, etc.), motivations (why), and the youth’s behavior history. Using a validated risk assessment can help identify the likelihood that a youth will recidivate. You should help identify the least restrictive option available to mediate the risks. Options for diversion or approaches to help youth address needs will depend on your jurisdiction, but in general, most youth (Even moderate to high risk youth) will do better in the community—where they will have an opportunity to learn and practice prosocial ways of living.

Some states may specify factors that must be considered in disposition decision-making but there are general goals. Predisposition interviews include collecting basic documents, conducting interviews, and making additional contacts with people knowledgeable about the youth or the situation. They typically involve the following steps:

1. Obtaining copies of the following documents on the youth:

• birth certificate
• social security card
• naturalization card (if applicable)
• health insurance or Medicaid card
• immunization record

2. Interviewing the youth and their  parents or legal guardians in the home for the purpose of:

• Observing the youth’s home conditions and neighborhood
• Filling in gaps in information regarding events surrounding the incident
• Assessing family/parenting attributes
• Determining where additional information can be obtained about the youth and getting a signed authorization to release confidential information

3. Checking the following records for prior referrals and information on prior investigations, assessments, and treatment reports:

Your department may have rules and guidelines governing the preparation and dissemination of pre-disposition reports. General Guidance (NAC Standards) includes:

• Be concise, factual, and objective
• Emphasize the strengths of the youth
• Use strength-based language and tone of voice
• Any evaluation (e.g. mental health, physical health) should be shared only with the prosecutor and youth’s attorney

Create a three-part report

This provides an opportunity for you to offer alternatives to more restrictive dispositions such as out of home placement. Your recommendations of the alternatives available using the information in parts one and two as support.

You still have to hold them accountable when they do not follow conditions or are generally noncompliant, but this can be done without surveillance and severe sanctions. Relying on the use of incentives, graduated responses, and facilitating connection to positive people and activities can help youth want to comply, rather than being scared into compliance.

Recent recommendations support limiting the use of conditions of probation and instead support probation officers and youth developing expectations and goals through individualized case plans.[1]

However, if your jurisdiction does impose conditions of probation, it is important to recommend conditions that are:

• Tailored to the youth/aligned with their goals
• Limited in number
• Feasible
• Not unnecessarily restrictive
• Clear (always make an effort to explain conditions in a way a youth can understand them)
• Respectful of the youth’s culture[2]
• Designed to promote positive development[3] 

The youth’s defense counsel should advocate for conditions that are fair and reasonable. If you’re having trouble with a youth struggling,  reach out to their defender to try and collaborate and avoid a VOP. This can lead to bringing the case back to court or having an honest conversation with the client, but the youth and defender might find it helpful.

These conditions get in the way of the main goal of juvenile probation: positive youth development. By using the above conditions, youth probation officers are put into the role of law enforcement, which can be detrimental to their relationship with youth. It is important that youth think the probation process is legitimate and that they are being treated fairly. Without this understanding, there won’t be any youth buy-in to the process and their probation has an increased likelihood of being unsuccessful.[5]

Language around conditions of probation

There is guidance for judges to help a youth understand conditions of probation.[6] It is important to help the youth understand what each condition means and describe what compliance with the condition looks like. A youth’s comprehension of each condition is the first step to them complying. Research shows that often, conditions are not followed because youth have trouble understanding them. Be sure to:

• Review the conditions with the youth and their family in clear language
• Explain the potential consequences of not complying
• Explain the conditions in very clear language

These same rights are not always guaranteed in dependency cases. Only 30 states require counsel for these youth.[9]

Though youth have similar rights as adults, there are some vital differences for court personnel, youth, and their families to be aware of before beginning court proceedings:

• Youth are not to be waived to adult court without due process[10]
• When adjudicated youth must be found guilty without a reasonable doubt (the same as in adult criminal cases)[11]
• Youth do not have the right to a jury trial[12]
• Youth can’t be adjudicated and then tried for the same crime in criminal court (double jeopardy)[13]
• Youth can’t be given the death penalty[14]
• Youth can’t be given life without parole[15]
• All youth is in custody should be read his or her Miranda rights, but age may be a factor when considering the admissibility of a statement
• Youth that speak English as a second language have the right to an interpreter during court proceedings[16]

Because of the complexity of the youth court system and its differences from the adult system, attorneys for youths should have specific training and knowledge of the youth field, including training in adolescent brain development. High-quality counsel for youth at all stages of the delinquency proceedings process is imperative.[17]

More information about these cases »

Parents do not have any rights in youth court, but they are an important part of the process. Some jurisdictions require that a parent be present prior to questioning. Parents can be a tremendous support to youth defendants and can provide information to the judge and probation officers that can help to decide on the appropriate rehabilitative programming for that child.[18]

While providing services to youth, it is important to remember that youth should expect the following unofficial rights to be respected when receiving treatment and other services:[19]

• Youth and their families should be respected
• Treatment plans should be individualized
• Youth should receive treatment close to home
• Treatment plans should be based upon the youth’s interests and strengths. When youth are part of the probation process, they have more successful outcomes.
• Treatment plans should be designed to be inspiring and based on current and future success
• Youth have the right to practice their faith during treatment
• Youth have the right to include those they care about in their treatment
• Youth should have a say in what is included in their treatment plan and what happens during treatment
• Depending on the state, youth have the right to decide whether or not to take medication as a part of treatment
• At every stage of treatment, youth have a right to know what they should be focusing on and how their progress is being measured
• Youth have the right to seek transitional or safety planning for big events
• Treatment plans should be discussed with youth present unless there’s a specific reason not to
• Service providers should protect youths’ privacy unless there is abuse, suicide, or other mandatory reporting duties
• Youth should be told how their treatment plan will work and it should be changed if it doesn’t
• Youth have a right to a copy of their treatment plan
• Youth should be informed of the planning process and be assisted in understanding

Privacy and confidentiality

Youth have a limited right to privacy during supervision. Even so, probation officers should work hard to make sure that records and information are not shared. Some ways to protect youths’ privacy are to:

• Be wary about sharing information with people who call for information about a youth over the phone
• Use initials when referring to a youth
• Protect youth from reporting
• Be careful about putting youth into programs that service adults
• Don’t discuss other youth on probation

Even though privacy for youth on probation is important, youth can still be GPS monitored and monitored on social media. Social media monitoring is often seen as an important investigative tool.[27] Even though youths’ right to privacy is limited, make sure to review your court’s confidentiality and media permission forms to ensure that this right to privacy/confidentiality is being met properly.

“We utilize Pre-File Diversion for young people that have no criminal history.  It provides access to immediate services, no possibility of re-filing if they chose not take utilize the resources and minimizes criminal footprint in terms of records.”—Probation Administrator, Washington

If you live in a well-funded area, you may have an easier time connecting youth to services, which means you can focus on other aspects of your duties. For those that live in under-populated or under-resourced areas, a larger part of your job might include finding/developing different services by creative collaboration using the community and online resources because it might not already be at your fingertips. Many existing services will also have to be implemented differently based on location and population.

“One tip from a rural JPO is to ‘keep it local.’ In her community in rural Texas, for youth to be successful in adulthood they need to at least have a high school diploma and a driver’s license. With a lack of public transportation and employment opportunities these are especially imperative in her community. Other services are also provided, but knowing what basic things a youth needs can help you plan and prioritize services.”—JPO, rural Texas

If you are working in a jurisdiction with scarce access to treatment services there are a few steps that can help address the gaps.

1. Determine why there is a gap

• The services are not available
• The services exist, but transportation to the providers is a challenge

2. Document and track the need for services

• This requires long term tracking of the number of youth who would benefit from a specific type of service.
• It can be used to help seek and distribute funding whether it is to establish services or provide transportation

3. Connect with other professionals

Visit JDAIconnect where you can ask questions to other practitioners and search conversations based on topic. Using other JPOs that have been where you are can be a valuable resource.

“I feel that the new evidence based strategies have a better chance for being effective in larger counties. The lack of certain resources for small counties and few staff and clients make implementation challenging.”—Juvenile Probation Administrator, Pennsylvania