JUVENILE PROBATION ROLE & RESPONSIBILITIES INTERFACE with CBHI PROVIDERS & CARE PLANNING TEAMS COLLABORATION with STATE AGENCIES

Massachusetts Juvenile Court Jurisdiction Over... Delinquency & Youthful Offenders Status Offenders Care & Protection of Children (including related adoption, guardianship & termination of parental rights) Specific Adult Offenders (contributing to delinquency of minors, failure to Cause Attendance @ school & harboring a runaway)

Massachusetts Juvenile Court Mission & Mandates... (Parens Patriae Doctrine) Delinquency Matters (M.G.L. Ch.119 §53) … Proceedings, specifically relating to delinquency matters, shall be liberally construed so that the care, custody & discipline of children brought before the Court shall approximate as nearly as possible that which they should receive from their parents, and that as far as practicable, they shall be treated not as criminals, but as children in need of aid, encouragement and guidance… Addressing youth's circumstances by balancing individual best interests with those of the public...

Massachusetts Juvenile Court Mission & Mandates... Children Requiring Assistance Matters (M.G.L. Ch.119 §39E) … Proceedings, specifically relating to children requiring assistance (status offenses of runaway, stubborn child, habitually truant, habitual school offender), shall be liberally construed so that their needs are recognized, underlying reasons for their behavior are identified, appropriate services are sought and support to families during periods of stress is provided. Shall be treated not as criminals, but as children in need of aid, encouragement and guidance… Shall consider the child's best interests, including but not limited to, decisions with respect to the child's care & custody.

Massachusetts Juvenile Court Mission & Mandates... Care & Protection Matters (M.G.L. Ch.119 § 24-29) … Proceedings, specifically relate to children … under 18 years old, without necessary, proper physical or educational care & discipline; and/or is growing up under conditions or circumstances damaging to the child's sound character development; and/or lacks proper attention of parent(s), guardian with care and custody, or whose parents, guardian or custodian are unwilling, incompetent or unavailable to provide any such care, discipline or attention. Shall ensure the protection and care of such children, from the “unfitness” of their parent(s), guardian(s) or custodian...

Massachusetts Juvenile Court The Court's response, in every instance, must ensure that these mandates are carried out, within the confines of the law & constitutional protections.

Massachusetts Probation’s Goals

Juvenile Probation’s Roles & Responsibilities INVESTIGATION ASSESSMENT SUPERVISION ENFORCEMENT

Investigation Juvenile Intake, & Information Collection (M.G.L. Ch.119 § 57) CRA Preliminary Inquiry (M.G.L. Ch.119 § 39E) C&P Home Investigation/ Placement Visit (Probation Standards) Indigent Status Inquiry & Verification (S.J.C. Rule 1) Youthful Offender Pre-sentence Report (M.G.L. Ch.119 § 52-58) Offender Profile/ Supplemental Info Sheet (Probation Standards)

Assessment From investigation, Probation must provide Court with sufficient information as to... Child's Best Interest Risk To Public Safety Presenting Needs Likelihood of Compliance Availability of Appropriate Interventions/Resources Individual, Family, Institutional Assets/Strengths Individual, Family, Institutional Challenges

What Might “Probation” Include? Probation is a period of Court supervision that requires a child to adhere to certain conditions, and to perform certain court-ordered sanctions... Professional Evaluation/Assessment Psycho-social Educational/Training Compliance with “Rules” (Home, School, Program) Restricted Freedom (including electronic monitoring) Drug Testing Special Programming Community Service Monetary Restitution to Victim

Supervision After Court action, Probation sets plan for the proper and efficient supervision of all court orders & conditions set forth... -Monitoring -Surveillance -Referrals -Engagement -Encouragement -Mediation -Verification -Collaboration

Enforcement Probation supervision ensures that Court orders & conditions are completed... Probation shall take immediate and appropriate corrective action to address non-compliance... Informal/administrative process (with CPO/judicial approval) Formal Corrective Action- Violation Probation … or by Motion, report to the Court the current status, progress or instance of a material change in circumstance.

Interfacing With CBHI Providers & Care Planning Teams The “Juvenile Justice system” is not just the Court... … it includes all public and private entities that service youth... Juvenile courts are not effective treatment providers... … and many don't have the resources necessary to treat the underlying needs of youth, including “status” youth.

Interfacing With CBHI Providers & Care Planning Teams Juvenile Probation may interface with CBHI Providers & Care Planning Teams at numerous points along the continuum... Points of contact- Time of Arrest (during or after court hours) Arraignment/Preliminary Inquiry Pre-Trial/Disposition (address needs or craft conditions) Ongoing supervision (new needs identified, crisis) Non-compliance or Corrective Action Review

Interfacing With CBHI Providers, Care Planning Teams & State Agencies Juvenile Probation may interface with CBHI Providers, Care Planning Teams & state agencies, DCF, DYS, DMH, DESE & DPH, as long as there is a formal process on a child appearing before the Court... With CBHI & Care Planning Teams- A child/family may present @ Court with services in place (Sign releases & report information to Court) A JPO may detect presenting mental health concerns, introduce those to child/family (Offer info & assistance, consult JCC) A JPO may inquire as to access & availability of crisis, acute, long-term care, before addressing placement

Interfacing With CBHI Providers, Care Planning Teams & State Agencies With State Agencies- For Investigation(s) of Juvenile Court matters For any & all statutory mandates Determination of appropriate disposition alternatives, where agency resources are necessary For ongoing verification of progress, compliance and/or successful completion of agency involvement For information regarding compliance with agency involvement as an order of the Court

Some Limitations to Interfacing Juvenile Probation Officers, as the “eyes & ears” of the Judge & serving at the direction of the Court, must adhere to all of the same restrictions and limitations placed on the Court, itself... Release of Court/Probation Information ONLY with statutory or judicial approval (signed releases are NOT sufficient) Court hearings are closed, confidential proceedings. Presence allowed ONLY with judicial approval Court decisions, often, must be made forthwith, particularly in instances of bail/detention or public safety is at risk

Juvenile Probation Juvenile courts, its judiciary, juvenile probation officers & court clinics, are incomparable agents for change within the juvenile justice system. The juvenile court sits at the intersection of juvenile justice, youth success, and community safety, and the juvenile court judge is the “traffic cop.” Of all stakeholders, juvenile court judges have the greatest potential to influence and connect everyone who can help meet the needs of youth and families.