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DESKTOP GUIDE TO GOOD

JUVENILE DETENTION PRACTICE

Research Report

David W. Roush, Ph.D.


National Juvenile Detention Association
Center for Research and Professional Development
Michigan State University

with the assistance of numerous juvenile justice


and detention services professionals from across the United States

Shay Bilchik, Administrator


Office of Juvenile Justice and Delinquency Prevention

October 1996
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The National Juvenile Detention Association Executive Committee:
Wayne R. Liddell, President
Thomas K. Stokes, President-Elect
Anne M. Nelsen, 1st Vice President
Barbara C. Dooley, Ph.D., 2nd Vice President
Dana A. Menard, Secretary-Treasurer
Steven P. Kossman, Immediate Past President
Earl L. Dunlap, Executive Director

National Juvenile Detention Association


Earl L. Dunlap, Executive Director
Executive Office
Eastern Kentucky University
301 Perkins Building
Richmond, KY 40475–3127
(606) 622–6259
Fax (606) 622–2333

National Juvenile Detention Association


Center for Research and Professional Development
Michigan State University
130 Baker Hall
East Lansing, MI 48824–1118
(517) 432–1242
Fax (517) 432–1787

The National Juvenile Detention Association would like to express its appreciation to D. Elen Grigg,
Project Monitor, for her support and guidance on this and other JJPIP products.

This document was prepared by the National Juvenile Detention Association under grant
#92–JN–CX–0006 from the Office of Juvenile Justice and Delinquency Prevention,
Office of Justice Programs, U.S. Department of Justice.

Points of view or opinions stated in this document are those of the authors and do not necessarily
represent the official position or policies of the U.S. Department of Justice.

The Office of Juvenile Justice and Delinquency Prevention is a component of the Office of Justice Programs,
which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the
National Institute of Justice, and the Office for Victims of Crime.

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National Juvenile Detention Association
Practitioner Network

Juvenile Justice Personnel Improvement Project


Volunteer Network
Janet S. Abee Kirk M. Blackwood
Volusia Regional Juvenile Department Calhoun County Juvenile Home
3840 Old Deland Road 14555 181/2 Mile Road
Daytona Beach, FL 32124 Marshall, MI 49068

Linda Albrecht Judith L. Blair


JJPDT New York State Division for Youth
R.R. 1, Box 195 Carrs Cove 52 Washington Street
Union Springs, NY 13160 Rensselaer, NY 12144

Charles Baker, M.D. Dorman Borders


Los Angeles Juvenile Court Health Services Maurice Spear Campus
1925 Daly Street, First Floor 2910 Airport Road
Los Angeles, CA 90031 Adrian, MI 49221

Marta Flora Balleste Steve Bowker


Nueces County Juvenile Department Madison County Probation & Court Services
2310 Gollihar Road 100 West Fifth Avenue
Corpus Christi, TX 78415 Edwardsville, IL 62025

Ronald F. Bates Jerome Brimmage


Boys’ Village of Maryland Smith County Juvenile Services
11001 Frank Tippett Road 100 East Berta
Cheltenham, MD 20623 Tyler, TX 75703

James R. Bell, J.D. Catherine Brooks-West


Youth Law Center HELP Parenting Education
114 Sansome Street, Suite 950 354 North 27th Street
San Francisco, CA 94104–3820 Battle Creek, MI 49015

Gary Bennett Melvin Brown, Jr., Ph.D.


Chamberlain Academy Montgomery County Department of
P.O. Box 367 Community Supervision and Corrections
Chamberlain, SD 57325 200 Academy Drive
Conroe, TX 77301
Gretha Bennett
Calhoun County Juvenile Home Ralph S. Brownlee
14555 18 1/2 Mile Road Cumberland County Juvenile Detention
Marshall, MI 49068 R.R. #2, Box 28, Cumberland Road
Bridgeton, NJ 08302–9998
Jeffry D. Bishop, Ph.D.
Elmira Psychiatric Center
100 Washington Street
Elmira, NY 14902–1527

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George Buhite Linda Crouse
McLaughlin Youth Services Jefferson County Youth Center
2600 Providence Center 720 West Jefferson Street
Anchorage, AK 99508 Louisville, KY 40202

William F. Burke, III Michael J. Dale, J.D.


Rappahannock Juvenile Center Nova University
400 Bragg Hill Drive 3100 SW. Ninth Avenue
Fredericksburg, VA 22401 Fort Lauderdale, FL 33315

Warren C. Cabaniss William S. Davidson II, Ph.D.


Mecklenburg County Juvenile Detention Department of Psychology
11700 Verhoeff Drive Michigan State University
Huntersville, NC 28078 East Lansing, MI 48824

Leticia Castillo James H. Davis


Moore County Detention Center Madison County Juvenile Court
810 South Dumas, Room 218 817 Cook Avenue
Dumas, TX 79029 Huntsville, AL 35801

Arthur Cavara Therese M. De Fazio


Hennepin County Juvenile Detention Shuman Juvenile Detention Center
510 Park Avenue South 7150 Highland Drive
Minneapolis, MN 55415 Pittsburgh, PA 15206

Henry R. Cellini, Ph.D. Joseph De James


Training and Research Institute Department of Correction
8200 Montgomery NE., Suite 227 CN 863
Albuquerque, NM 87109 Trenton, NJ 08625

Joseph T. Christy, Ph.D. Donald De Vore


Washington County Juvenile Court Montgomery County Youth Center
232 West Northeast Lincoln 540 Port Indian Road
Hillsboro, OR 97124 Norristown, PA 19403–3502

Barbara A. Collins Paul Donnelly


ETR Associates Texas Juvenile Probation Commission
P.O. Box 1830 P.O. Box 13547
Santa Cruz, CA 91830 Austin, TX 78711

Stephen P. Coulman Barbara C. Dooley, Ph.D.


Woodside Juvenile Rehabilitation Center Madison County Juvenile Court Services
26 Woodside Drive East 224 Lexington Avenue
Colchester, VT 05446 Jackson, TN 38301–5499

Jeff Cousineau Jesse Doyle


Calhoun County Juvenile Home Cook County Juvenile Temporary Detention Center
14555 181/2 Mile Road 1100 South Hamilton Avenue
Marshall, MI 49068 Chicago, IL 60612

John E. Criswell Steve Emerson


Department of Health and Rehabilitative Services Bureau of Juvenile Justice
1317 Winewood Boulevard 450 West State Street
Tallahassee, FL 32399–0700 Boise, ID 83720–5450

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Malcolm Evans Daniel R. Gentner
Provo Youth Center Monroe County Youth Center
1955 South Dakota Lane 3600 South Custer
Provo, UT 84601 Monroe, MI 48161

Randall Everett Patrick Graves


Regional Juvenile Center Tom Green County Juvenile Detention
208 North College 1253 West 19th Street
Fayetteville, AR 72701 San Angelo, TX 76903

Jana Ewing, Ph.D. John J. Greene III


King County Department of Youth Services American Correctional Association
1211 East Alder Street 8025 Laurel Lakes Court
Seattle, WA 98122 Laurel, MD 20707–5075

Deanna L. Fields Ed Greivel


Pasco Regional Juvenile Detention Gilliam Youth Services Center
9910 State Road 52 2844 Downing Street
San Antonio, FL 33576 Denver, CO 80205

Kurt C. Friedenauer Nelson G. Griffis


Youth Services Center School of Social Work
P.O. Box 40 Ohio State University
St. Anthony, ID 83445–0040 Columbus, OH 43210

Richard Friz Rayetta Grimm


Department of Social Services Dora Lee Tate Youth Center
235 South Grand Avenue 601 Infirmary Road
Lansing, MI 48909 Dayton, OH 45427

Richard J. Gable John Harvey


National Center for Juvenile Justice Madison County Community Mental Health
701 Forbes Avenue 118 Hillsboro Avenue
Pittsburgh, PA 15219 Edwardsville, IL 62021

John A. Gaines IV Eugenia “Jeannie” Haynes


Goodhope Youth Home Bell County Juvenile Probation
4010 McIntyre Road 119 North Pearl
Trumansburg, NY 14886 Belton, TX 76513

Roberto C. Garcia, Jr. Ginger Heglar


Cameron County Juvenile Probation Volunteer Development Service
854 East Harrison Street 101 Blair Drive
Brownsville, TX 78520 Raleigh, NC 27603

Janice Gardener James H. Heisner


Broward Regional Juvenile Detention Bay Regional Juvenile Detention Center
222 NW. 22d Avenue 450 East 11th Street
Fort Lauderdale, FL 33311 Panama City, FL 32401

Roberto Garza Jon R. Hill


Hidalgo County Juvenile Center Attention Center for Youth
P.O. Box 267 2220 South 10th Street
Edinburg, TX 78539 Lincoln, NE 68502

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Vince Hoffman, Ph.D. Steven P. Kossman
School of Criminal Justice McLean County Juvenile Detention Center
Michigan State University 903 North Main
East Lansing, MI 48824 Normal, IL 61761

Thomas R. Hughes, Ph.D. Carolyn Lasley


Center for Legal Studies Jefferson County Youth Center
University of Illinois at Springfield 720 West Jefferson Street
Springfield, IL 62794 Louisville, KY 40202

James M. Jordon Lenora Lee


901 South Ashland Avenue Calhoun County Juvenile Home
Apt. 208A 14555 181/2 Mile Road
Chicago, IL 60607 Marshall, MI 49068

Charles J. Kehoe Al Lick


Department of Children, Youth and Families Division of Juvenile Services
P.O. Box 1110 P.O. Box 1898
Richmond, VA 23208–1110 Bismarck, ND 58502–1898

Richard Kelley Wayne Liddell


Wood Youth Center Berrien County Juvenile Center
2929 Wells Street 6414 Deans Hill Road
Fort Wayne, IN 46808 Berrien Center, MI 49102

Roger Kelly James Longhurst, Ed.D.


Samaritan Shelters, Inc. Director of Clinical Services
539 River Road Starr Commonwealth Schools
Glenmony, NY 12077 Albion, MI 49224

Susan Kerns Edward J. Loughran


Indiana Juvenile Justice Task Force Robert F. Kennedy Memorial
302 West Washington Street 286 Congress Street, Sixth Floor
Indianapolis, IN 46204 Boston, MA 02210

Daniel B. Kieffer Sheila Lumley


Muskingum County Juvenile Center Polk County Detention Center
333 Putnam Avenue 1548 Hull Avenue
Zanesville, OH 43701–4999 Des Moines, IA 50316

Jane Anderson King Harry J. Marek


Youth Center of the High Plains Guadalupe County Juvenile Probation
4111 South Georgia 310 Ih10 West
Amarillo, TX 79109 Seguin, TX 78155

David Konefal Damon K. Marquis


New Haven Juvenile Detention National Commission on Correctional Health Care
239 Whalley Avenue 2105 North Southport, Suite 200
New Haven, CT 06511 Chicago, IL 60614–4017

Frank J. Kopecky, J.D. Terry J. Martinek


Center for Legal Studies Berrien County Juvenile Center
University of Illinois at Springfield 6414 Deans Hill Road
Springfield, IL 62794 Berrien Center, MI 49102

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Orlando L. Martinez Robert Morris, M.D.
7713 South Pontiac Court Los Angeles Juvenile Court Health Services
Englewood, CO 80112 1925 Daly Street, First Floor
Los Angeles, CA 90031
Ken Mays, Jr.
Bill Logue Juvenile Justice Anne M. Nelsen
1200 Clifton Salt Lake Juvenile Detention Center
Waco, TX 76705 3534 South 700 West
Salt Lake City, UT 84109
Warren McKinney
Allegan County Juvenile Court Donald Nitz
2243 33d Street Kalamazoo County Juvenile Home
Allegan, MI 49010 1424 Gull Road
Kalamazoo, MI 49006
Mike McMillen, AIA
2091/2 West Clark Street Anette Nix
Champaign, IL 61820 Eastern Oklahoma Youth Service
4500 Classen, Suite 200
Pamela K. McPherson, M.D. Oklahoma City, OK 73118
Child and Adolescent Psychiatry
803 Bayou Pines, Suite B Stephen Norris
Lake Charles, LA 70601 Cuyahoga County Juvenile Detention Center
2209 Central Avenue
Nehemiah “Don” Mead, Ed.D. Cleveland, OH 44115
San Francisco Youth Guidance Center
375 Woodside Avenue Nervy Oliver
San Francisco, CA 94127 Ingham County Youth Center
700 East Jolly Road
Tomas Medina Lansing, MI 48910
Gardner-Betts Juvenile Justice Center
2515 South Congress James W. M. Owens, M.D.
Austin, TX 78704 Echo Glen Children’s Center
33010 SE. 99th Street
Dana A. Menard Snoqualmie, WA 98065
Lafayette Parish Juvenile Detention
P.O. Box 2399 Sandra Palkovic
Lafayette, LA 70502 Orlando Regional Juvenile Detention Center
2800 South Bumby Avenue
Jeff Mitchell, M.D. Orlando, FL 32806
Child and Adolescent Psychiatry
Lovelace Hospital Dale Parent
5400 Gibson Boulevard SE. Abt Associates
Albuquerque, NM 87108 55 Wheeler Street
Cambridge, MA 02138
Jim Moeser
Dane County Juvenile Court Probation George M. Pippen, Jr.
City-County Building Stevenson House Detention Center
Room 302 P.O. Box 278
Madison, WI 53709 Milford, DE 19963

Sherri F. Moore Mary Alice Schmidt


Willoughby Juvenile Center Hillside Children’s Center
1401 Warren Drive 160 Northaven Terrace
Marshall, TX 75670 Rochester, NY 14621

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John J. Sheridan Carl Supino
Bureau of Residential Services Westfield Secure Detention
45 South Fruit Street 51 East Mountain Road
Concord, NH 03301–2410 Westfield, MA 01085

Gary Shostak Ray Tallis


Department of Youth Services Pima County Juvenile Court
27–43 Wormwood Street, Suite 400 2225 East Ajo Way
Boston, MA 02210 Tucson, AZ 85713–6295

Charles M. Skaggs Jim Tallmon


Williamson County Juvenile Court Ottawa County Juvenile Detention
2423 Williams Drive, Suite E 12120 Fillmore Street
Georgetown, TX 78628–4105 West Olive, MI 49467

Gale M. Smith William D. Taylor


MacCormick Training Center Pasco Regional Juvenile Detention
300 South Road 9910 State Road 52
Brooktondale, NY 14817–9723 San Antonio, FL 33576

J. Steven Smith, Ph.D. Cynthia F. Thacker


Department of Criminal Justice Division of Youth Services
Ball State University 705 Palmer Drive
Muncie, IN 47306–0455 Raleigh, NC 27626

Donald Steitz Doug Thomas


Jefferson County Youth Center National Center for Juvenile Justice
720 West Jefferson 701 Forbes Avenue
Louisville, KY 40202 Pittsburgh, PA 15219

Mary B. Stelma Ernest Thomas


Calhoun County Juvenile Home Jefferson Parish Juvenile Services
14555 181/2 Mile Road 1550 Gretna Boulevard
Marshall, MI 49068 Harvey, LA 70058

Ronald L. Stepanik Tom L. Thornhill


Eckerd Family Youth Alternatives Youth Center of the High Plains
P.O. Box 7450 9300 South Georgia
Clearwater, FL 34618–7450 Amarillo, TX 79118

John O. Stettler Robert J. Tillie


County Government Center Renaissance Home
2176 Johnson Avenue P.O. Box 7997
San Luis Obispo, CA 93408 Alexandria, LA 71306

Thomas Stokes Patricia Torbet


Gloucester County Juvenile Detention National Center for Juvenile Justice
P.O. Box 39 701 Forbes Avenue
Clarksboro, NJ 08020 Pittsburgh, PA 15219

John Treahy
Hillside Children’s Center
160 Northaven Terrace
Rochester, NY 14521

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Barbara Van Ekeren Jerry M. Wood
Pennington County Juvenile Detention Tarrant County Juvenile Probation
702 North Street 2701 Kimbo Road
Rapid City, SD 57701 Fort Worth, TX 76111

Larry Vardaman James E. Woolsey


Kansas Department of Youth Duval Regional Juvenile Detention
25331 West 39th Street South 1241 East Eighth Street
Goddard, KS 67052 Jacksonville, FL 32206

Rev. Garry Vogelpohl Ronald C. T. Yap


4916 Darlington Drive Judiciary Family Court First
Nashville, TN 37211 902 Alder Street
Honolulu, HI 96814
Rose W. Washington
New York City Department of Susan A. Yeres, Ed.D.
Juvenile Justice Essi Systems, Inc.
365 Broadway 70 Otis Street
New York, NY 10013 San Francisco, CA 94103

Jesse Williams John Zachariah


Department of Human Services American Correctional Association
1401 Arch Street, Room 312 8025 Laurel Lakes Court
Philadelphia, PA 19102 Laurel, MD 20707–5075

Alex Wilson Darrell H. Zwick


Shuman Juvenile Detention Center Michigan Judicial Institute
7150 Highland Drive 222 North Washington Square
Pittsburgh, PA 15206 Suite 220
Lansing, MI 48909
Bruce I. Wolford, Ph.D.
Training Resource Center
Eastern Kentucky University
Richmond, KY 40475

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In Memoriam
Time, like an ever rolling stream, bears all who breathe away;
they fly forgotten, as a dream dies at the opening day.
–Isaac Watts, 1719

DAVON CONNER
Aftercare Worker
Calhoun County Juvenile Home
Marshall, MI

JAMES GOULD
Project Manager
Office of Juvenile Justice and Delinquency Prevention
Washington, DC

DONALD HAMMERGREN
Superintendent
Hennepin County Juvenile Detention Center
Minneapolis, MN

ROBERT RADER
Superintendent
Kanawha Home for Children
Charleston, WV

CHARLES REINA
Detention Manager
Superior Court, Family Division
Hartford, CT

WALTER ROUSH
Chief Probation Officer
Allen County Juvenile Court
Lima, OH

C. A. “NEIL” ZOTT
Superintendent
Macomb County Juvenile Home
Mount Clemens, MI

These friends of juvenile detention had outstanding careers cut short by untimely death.
Their names are remembered here. They are gone but not forgotten.

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Foreword

Although research has identified deficiencies within juvenile detention, custody remains a critical and integral function
of America’s juvenile justice system.
The Desktop Guide to Good Juvenile Detention Practice constitutes the principal product of the Office of Juvenile
Justice and Delinquency Prevention’s Juvenile Justice Personnel Improvement Project. It is intended to serve as a useful aid
in enhancing the quality and effectiveness of juvenile detention.
While the Desktop Guide draws on a national assessment of juvenile detention practices undertaken by the National
Juvenile Detention Association, it is enriched by the constructive counsel of numerous practitioners and professional
associations, including the American Correctional Association, the Juvenile Justice Trainers Association, the National
Association of Counties, the National Association of Juvenile Correctional Agencies, the National Council on Crime and
Delinquency, and several State Juvenile Detention Associations.
It is my hope that the Desktop Guide to Good Juvenile Detention Practice will fulfill its promise—not only to
strengthen our Nation’s detention services, but to stimulate the personal growth and professional development of the
dedicated practitioners who provide those services.

Shay Bilchik
Administrator
Office of Juvenile Justice and Delinquency Prevention

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Table of Contents

Volunteer Network ............................................................................................................................................ iii


In Memoriam .................................................................................................................................................... xi
Foreword ......................................................................................................................................................... xiii
Introduction
Juvenile Justice Personnel Improvement Project ...............................................................................................1
The Desktop Guide ............................................................................................................................................1

Part I PRINCIPLES AND CONCEPTS


1 Historical Perspective
Advent of the Juvenile Justice System ..............................................................................................................5
The Juvenile Court .............................................................................................................................................7
The Origins of Contemporary Juvenile Detention .............................................................................................8
Recent History ...................................................................................................................................................9
Standards Movement in Juvenile Detention ....................................................................................................13
Balanced Approach ..........................................................................................................................................15
A Comprehensive Strategy ..............................................................................................................................17
Summary ..........................................................................................................................................................18
2 Juvenile Detention and the Law
Law and Discretion ..........................................................................................................................................19
Juvenile Court Act ...........................................................................................................................................22
Juvenile Court History .....................................................................................................................................23
Present and Future ...........................................................................................................................................26
Liability Issues .................................................................................................................................................29
Conclusion .......................................................................................................................................................31
3 Defining Juvenile Detention
The National Juvenile Detention Association (NJDA) ....................................................................................33
Confusion of Function .....................................................................................................................................33
What Are the Functions of Detention? ............................................................................................................34
“Place Versus Process” Argument ...................................................................................................................35
Nonsecure Detention .......................................................................................................................................40
Alternatives to Secure Detention: The Case of Diversion ...............................................................................42
4 Adolescent Development and Delinquency
Adolescent Development .................................................................................................................................45
Psychosocial Developmental Stages ................................................................................................................46
Common Changes During Adolescence ..........................................................................................................48
Theories of Delinquency..................................................................................................................................50
Gangs ...............................................................................................................................................................51

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5 Rights and Responsibilities of Staff and Youth
Parens Patriae ..................................................................................................................................................55
Liability ...........................................................................................................................................................55
Conditions of Detention ...................................................................................................................................56
Training ............................................................................................................................................................59
Due Process .....................................................................................................................................................61
Overcrowding ..................................................................................................................................................61
Conclusion .......................................................................................................................................................61
6 Professional Issues in Juvenile Detention
Professionalism ................................................................................................................................................63
My All-America Team .....................................................................................................................................64
NJDA Code of Ethics ......................................................................................................................................66
Detention Job Functions ..................................................................................................................................68
Public Policy Statements .................................................................................................................................70
ACA Public Correctional Policy on Juvenile Justice ......................................................................................71
NCCHC Policy Statement ...............................................................................................................................73
Summary ..........................................................................................................................................................73

Part II DAILY PRACTICE


7 Management Issues: Mission, Security, and Policy and Procedure
Mission ............................................................................................................................................................75
Institutional Security ........................................................................................................................................77
Policies and Procedures Manual ......................................................................................................................79
8 Admission to Detention
Admission to Juvenile Detention: The Event ..................................................................................................89
Admission to Juvenile Detention: The Process ...............................................................................................90
Special Concerns at Admission .......................................................................................................................93
Summary ..........................................................................................................................................................94
9 Health Care for Incarcerated Adolescents
Adolescent Responses to Health Care .............................................................................................................96
Confidentiality and Separation of Responsibilities .........................................................................................97
Initial Health Status Screening ........................................................................................................................98
Nursing Rounds ...............................................................................................................................................98
Clinic or Sick Call ...........................................................................................................................................99
Medication Dispensing ....................................................................................................................................99
Infirmary Care .................................................................................................................................................99
Cardiopulmonary Resuscitation (CPR) ...........................................................................................................99
Medical Services in Locked or Disciplinary Units ........................................................................................100
Financial Issues in Detention Medical Care ..................................................................................................100
Quality Improvement .....................................................................................................................................100

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Dental Care ....................................................................................................................................................100
Minor Surgical Problems ...............................................................................................................................101
Health Risk Behaviors by Incarcerated Juveniles ..........................................................................................101
Special Needs of Incarcerated Females .........................................................................................................103
Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) ...................104
Common and Noteworthy Diseases ...............................................................................................................106
Drug Abuse and Addiction .............................................................................................................................108
10 The Need for Strong Programs in Detention
Renewal of Programming in Juvenile Detention ...........................................................................................111
Rationale for Programs ..................................................................................................................................111
Goals of Programs .........................................................................................................................................113
Therapeutic Recreation ..................................................................................................................................114
Helping Parents When Their Child Is Detained ............................................................................................116
Community Service .......................................................................................................................................117
Religious Services .........................................................................................................................................118
Use of Volunteers ...........................................................................................................................................120
11 Detention Education
Why Provide an Educational Program? .........................................................................................................123
Factors To Consider .......................................................................................................................................123
Review of Detention Education Issues ..........................................................................................................124
Components of the Detention Education Program ........................................................................................124
Special Education Services ............................................................................................................................128
Computer-Assisted Instruction ......................................................................................................................129
Summary ........................................................................................................................................................130
12 Behavior Management in Juvenile Detention and Corrections
Part I: Personal Strategy ................................................................................................................................131
Part II: Programmatic Strategy ......................................................................................................................143
Additional Helpful Structures in the Detention and Corrections Environment .............................................154
Sample Reinforcer Survey .............................................................................................................................156
13 Behavior Observation and Recording
Objectives ......................................................................................................................................................157
Observation ....................................................................................................................................................157
Recording .......................................................................................................................................................160
Summary ........................................................................................................................................................163
14 Mental Health Services
The Need for Special Programs and Services ................................................................................................165
Mental Disorders in Juvenile Detention ........................................................................................................166
The Role of Juvenile Careworkers .................................................................................................................169
Nonverbal Deescalation Strategies ................................................................................................................172

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15 Special Issues
Violence .........................................................................................................................................................175
Alcohol and Other Drugs ...............................................................................................................................178
Controlling Suicidal Behavior .......................................................................................................................180
Minority Issues ..............................................................................................................................................184
Gender Issues in Juvenile Detention ..............................................................................................................188
Resources for Alcohol and Other Drug Assessment ......................................................................................191

Bibliography ...................................................................................................................................................................197

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Introduction

What can 15 cents buy these days? Except for placed on sharing information and ideas. To reduce this
purchasing penny candy or bubble gum, 15 cents is not a isolation and fragmentation within juvenile detention,
very useful amount of money. In fact, it won’t even buy a NJDA conducted a national survey of effective and
stamp for a postcard. innovative program ideas. The survey findings were
In 1947, the White House Conference on Juvenile reported in the Effective and Innovative Programs:
Delinquency published an insightful and informative Resource Manual. The manual was not a research or
report on juvenile detention. The report included the evaluation document. Instead, it provided information
findings of a national survey of juvenile detention about innovative and effective program ideas. More than
practices conducted by Sherwood Norman. The informa- 300 topics appeared in its index. Descriptions were not
tion contained in the report would later become the comprehensive, but mailing addresses and phone
foundation for the Standards and Guides for the Deten- numbers were included. The intended goal was to
tion of Children and Youth, published by the National increase the interaction between detention staff through
Council on Crime and Delinquency in 1958. This classic the direct sharing of information and ideas.
work shaped the definition of juvenile detention practice Third, OJJDP asked the question: What is good
and served as the definitive resource until the develop- juvenile detention practice? The positive response by the
ment of the American Correctional Association (ACA) juvenile probation community to the Desktop Guide to
Standards for Juvenile Detention Facilities in 1979. Good Juvenile Probation Practice by the National Center
These significant works are products of the information on Juvenile Justice convinced OJJDP that this strategy (a
contained in the White House report, and one could order comprehensive review and updating of professional
a copy of this report from the U.S. Government Printing knowledge) would be beneficial for juvenile detention.
Office for 15 cents in 1947. The Desktop Guide to Good Juvenile Probation Practice
served as the model for studying juvenile detention, a
topic that has not been systematically examined in more
Juvenile Justice Personnel than 45 years.
Improvement Project
In 1992, the Office of Juvenile Justice and Delin- The Desktop Guide
quency Prevention (OJJDP) awarded the Juvenile Justice
Personnel Improvement Project (JJPIP) to the National Written under the guidance of a network of volunteer
Juvenile Detention Association (NJDA). Interested in authors, advisers, and resources, the Desktop Guide to
current information about this important component of Good Juvenile Detention Practice is a major step in the
the juvenile justice system, OJJDP asked NJDA to development of a contemporary definition of state-of-the-
examine three important areas in the definition and art juvenile detention practices. It complements other
understanding of good juvenile detention practice. publications arising from OJJDP and NJDA’s collabora-
tive efforts, including A Resource Manual for Juvenile
First, JJPIP addressed the issue of staff training.
Detention and Corrections: Effective and Innovative
Following an extensive review of the training literature,
Programs (Roush and Wyss, 1994), Juvenile Detention
NJDA submitted to OJJDP a comprehensive report on the
Training Needs Assessment (Roush, 1996), and Juvenile
training needs of juvenile detention line staff. The report,
Detention Careworker Training Curriculum (Jones and
Juvenile Detention Training Needs Assessment, identified
Roush, 1995). With this background information, several
training topics, categories, and curriculums for new and
additional words of explanation are needed about the
veteran juvenile careworkers. The report also defined
Desktop Guide. First, the juvenile detention practitioner,
various types of training needs and strategies to acquire
professional, or reader should understand what the Desktop
this information.
Guide is and what it is not. Second, the Desktop Guide is
Second, detention is a profession that has existed in divided into two parts, each with a different emphasis or
relative isolation. Because a substantial number of focus. Third, the Desktop Guide contains a bibliography of
juvenile detention facilities are operated or administered current and related works on juvenile detention.
by a local branch of government, little emphasis has been

1
Hints for Using the Desktop Guide Legal Studies at the University of Illinois at Springfield
carefully outlines the legal obligations of juvenile
More than anything else, the Desktop Guide is a
detention careworkers as contained within the Juvenile
beginning. It is unlikely that another 45 years will pass
Court Act. He provides a basic understanding of the
before it is revised and updated. The Desktop Guide is
meant to be a working document, intended to enlighten, operations of the juvenile court with sufficient detail so
inform, and challenge. that juvenile detention careworkers can make informed
responses to detainees’ questions about “what’s going to
The materials in the Desktop Guide should evoke a happen to me now?”
reaction. Although NJDA hopes that the reaction is
positive, it also hopes that disagreements and negative Chapter 3 looks at the definition of detention, a
reactions will result in renewed dialog on particular critical concept given current challenges to the juvenile
subjects. An openness exists within OJJDP and NJDA to court and contemporary theories of juvenile justice. The
discuss dissenting or contrary beliefs and to work through definition materials are from the NJDA definition,
the differences so that the ultimate benefactor of this which was forged from 3 years of debate and discus-
interaction is the practice of juvenile detention and the sion. This definition, unanimously adopted by the
youth it serves. NJDA Board of Directors in 1989, serves as the
benchmark for definition statements.
The Desktop Guide assumes that juvenile detention
Chapter 4 addresses adolescent development. Under
professionals cannot be totally competent and skillful
without a solid understanding of the basic concepts and the direction of Professor J. Steven Smith, a team of
principles involved in juvenile detention. Therefore, the psychologists, criminologists, and developmental
Desktop Guide is not a “how to” manual even though it specialists identifies many of the distinguishing charac-
contains definite “how to” sections. To get the full teristics of adolescence. In particular, the chapter
benefit of the information in the Desktop Guide, staff highlights the developmental and psychological differ-
will have to engage it seriously—this means reading. It ences between children and adults. This chapter also
may mean rereading. It may also cause a critical includes information about gangs and their relationship to
reevaluation of your current practices. It may lead to a delinquency theory.
rethinking of your professional commitment and career Chapter 5 reviews the legal liability of juvenile
development. To produce professional growth, the detention careworkers. Developed by James R. Bell, the
materials need to stimulate you, and we trust that they chapter outlines the critical areas of juvenile rights as
will. Again, the Desktop Guide is intended to enlighten, they relate to conditions of confinement. Bell provides a
inform, and challenge. clear overview of the legal expectations of juvenile
detention line staff.
Part I: Principles and Concepts Chapter 6 discusses professionalization and career
The first part of the Desktop Guide explores the development. Basic qualities of good juvenile detention
background principles, concepts, and knowledge that are careworkers are examined, using Ernest Shelley’s
at the core of juvenile detention and juvenile justice. This description of “staff of the right kind” as a guideline. The
information provides the foundation for skill acquisition chapter also includes the NJDA Code of Ethics and a
and skill development. Following are brief descriptions review of staff development issues contained in recent
of each chapter: NJDA and OJJDP projects.
Chapter 1 addresses the history of juvenile detention
Part II: Daily Practice
and includes background information about the develop-
ment of the juvenile court and juvenile probation. The The second part of the Desktop Guide examines
chapter draws heavily from the Desktop Guide to Good daily practice, addressing the principles and concepts for
Juvenile Probation Practice and the Task Force Report skill acquisition.
from Pennsylvania. In addition to historical perspectives on Chapter 7 identifies and explains three critical areas
the formation of the juvenile court, the chapter includes a of juvenile detention management. Developed by Joe
description of the Pere Marquette Institute in 1968, which Christy, the first section explains the importance of the
was a culminating event in the creation of NJDA and mission statement and its relationship to internal and
federally sponsored staff training programs. external management environments. The second section
Chapter 2 is a thorough explanation of the relation- looks at institutional security. Developed by Tom Stokes,
ship between juvenile detention and the law (the Juvenile the three areas of good institutional security include
Court Act). Professor Frank Kopecky from the Center for personal security, resident security, and building security.

2
The final section of the chapter is a comprehensive review behavior management is a function of emotionally stable
and explanation of polices and procedures. Developed by individuals who serve as good role models for youth and
Rosalie Rosetti, the policy and procedure section is a clear who are necessary for effective behavior management
and detailed analysis of the “whos, whats, whens, and programs. Second, effective behavior management is a
wheres” of policy and procedure development. Specific comprehensive and integrated approach to all aspects of
examples of priority areas for policy and procedure the daily program in juvenile detention. Merely having a
development are provided by Donald Steitz, based on the point system or a time-out room does not guarantee
experience of the Jefferson County Youth Center. A final effective behavior management. Griffis discusses
section also includes a report by Donald DeVore on the consistency and its relationship to setting limits, making
recent efforts of the Juvenile Detention Centers Association rules, enforcing rules, and using specific behavior-
of Pennsylvania to develop performance-based standards in management techniques. A special contribution in this
juvenile detention. chapter is a list of more than 100 reinforcers that can be
Chapter 8 is an adaptation of “The Critical Hour: used by line staff in a juvenile detention program.
Admissions to Juvenile Detention,” a training video Chapter 13 identifies the critical skills of behavior
developed by ACA. Using the ACA standards on observation and recording. Based on the training program
admissions, this chapter examines the concepts of (a) developed for Detention Basic Training at the Center for
how to quickly establish a working relationship with Legal Studies at the University of Illinois at Springfield,
newly admitted juveniles and (b) how to acquire impor- the chapter is an adaptation of David Roush’s instruc-
tant information about the juvenile. The chapter presents tional article “Behavior Observation and Recording”
several different types of youth as examples of how these (Roush, 1993). Supplemental materials are also available
principles are applied. from the Center for Legal Studies.
Chapter 9 is an overview of juvenile health care Chapter 14 provides instruction and advice about
issues. Building on the efforts of the National Commission mental health problems in juvenile detention. Developed
on Correctional Health Care, this chapter by Drs. Robbie by Kirk Blackwood and Jana Ewing, the chapter uses
Morris, Martin Anderson, and Chuck Baker is a revised and information prepared by Kathleen Kroening. The chapter
updated version of their chapter on the same topic con- starts with the assumption that mental health problems
tained in the ACA Juvenile Careworker Resource Guide. should be dealt with by mental health professionals.
Special emphasis is placed on the assessment of communi- Recognizing that this assumption is problematic for line
cable diseases during the time of admission. staff who work with juveniles who need mental health
Chapter 10 is an overview of juvenile detention services during the day when mental health services and
programs. Developed by Steve Coulman, the chapter staff are not available, the chapter outlines a clear and
describes a broad range of helpful programs and services. simple list of “do’s” and “don’ts” for direct-care staff in
Included in the chapter are discussions of activities juvenile detention centers.
programs, recreational programs, leisure-time programs, Chapter 15 addresses special topics, giving attention
volunteer programs, and religious services programs. to (a) suicide assessment and intervention, (b) alcohol
This chapter should be used in conjunction with Effective and other drug abuse assessment and intervention, (c)
and Innovative Programs Resource Manual (Roush and minority concerns, (d) gender issues, and (e) the manage-
Wyss, 1994). ment of violence. These topics do not represent all of the
Chapter 11 describes the components of a good issues and concerns facing line staff in juvenile detention.
detention education program. Based on the nationally As stated earlier in this introduction, the Desktop Guide
recognized detention education program developed by is intended to start the discussion about the variety of
Jon R. Hill and his staff, this chapter reviews a range of topics relevant to juvenile detention.
components, including class size, teacher qualifications,
What’s Missing?
general education curriculum, remedial education
curriculum, special education services, and relationships Several topics are conspicuous by their absence.
with the home schools of the youth. Additional references First, the Desktop Guide does not address the isolation or
include professional standards as well as other program confinement of juveniles. ACA standards and case law
resources and guidelines from various States. seem to be sufficient on this issue. References and
Chapter 12 explains behavior management. resources for further study are listed in the bibliography.
Developed by Nelson Griffis, the behavior management Second, the Desktop Guide does not discuss physical
materials are comprehensive and detailed. Griffis makes and mechanical restraints. Although these skills may be
two essential points in these materials. First, effective required of all juvenile detention careworkers at some

3
time in their career, excellent programs are available to Bibliography
train and certify staff members at a basic level of A rather lengthy bibliography appears at the end of
competence in each of these areas. This type of certifica- the Desktop Guide. It includes numerous relevant works
tion should be an essential component of every staff in juvenile detention along with many other related
training program in every juvenile detention facility. publications and manuscripts. Although not complete, the
Third, the Desktop Guide does not cover staff bibliography is an attempt to compile a list of references
training and development. However, these issues are that provide an understanding of juvenile detention.
addressed in NJDA’s Juvenile Detention Training Needs Very little has been published about juvenile
Assessment, offering another example when the Desktop detention during the past several decades. Yet the
Guide should be used in conjunction with other products bibliography section is quite lengthy, reflecting a greater
and materials developed by NJDA and OJJDP. You may number of works about juvenile detention than was
also wish to consult Juvenile Detention Careworker originally anticipated. Publications such as NJDA News,
Training Curriculum, which provides a comprehensive Corrections Today, and Journal for Juvenile Justice and
40-hour training program for new line staff in juvenile Detention Services have added numerous articles to
detention facilities. juvenile detention literature. Because articles about
Fourth, as you read the Desktop Guide, you will juvenile detention were becoming more plentiful, the
probably note several topics that are very important to bibliography section was the last part of the Desktop
you but missing from the materials. Constraints on time Guide submitted to OJJDP. The list of references is as
and resources often resulted in omissions. NJDA encour- current as possible.
ages you to tell us what was omitted and why it is
important to you.

4
Chapter 1 Historical Perspective1

Advent of the Juvenile Justice System 1970). The New York legislature responded in 1824 by
granting authority to build a House of Refuge for the
The roots of the juvenile court movement in this reformation of juvenile delinquents, establishing the
country can be traced to 16th-century educational and first detention of youth separate from adults.
religious reform movements in Europe. These reform Pennsylvania was also at the forefront of the House
movements changed the public view of children from of Refuge movement. Houses of Refuge were designed
one of “miniature adults” to one of persons whose to remove children from the adult prisons and poor-
moral and cognitive capacities were not yet fully houses. The Philadelphia House of Refuge, established
developed. This new perspective resulted in the in 1826, initially accepted children who had been
development of boarding schools with strict regimens convicted of crimes or who were vagrants. This was the
designed to shape the mentality and morality of the second such institution to be created in America.
child (Aries, 1962). In 1835, Pennsylvania enacted legislation to add
The impact of industrialization and immigration on incorrigibility as a reason for commitment. The new
the United States accelerated what probably would have law was soon challenged as unconstitutional after an
been a more gradual revamping of criminal law and its incorrigible child had been committed to the House of
application to children. Rapid urbanization disrupted Refuge without a jury trial. However, in Ex Parte
families, resulting in overcrowding and an increase in Crouse, 4 Wharton Reports 9 (PA 1839), the Pennsylva-
crime, including crimes committed by children. A strong nia Supreme Court upheld the commitment, finding that
public concern for the protection of these children, “The House of Refuge is not a prison, but a school,
particularly from their surroundings, began to surface, where reformation, not punishment, is the end.” With
setting the stage for a series of social reforms that created regard to the State’s authority to care for Mary Ann
special courts to hear cases involving children. Crouse, the court found:
The numerous reforms preceded the juvenile court toward this end may not the natural parent when
movement, and in retrospect, the eventual creation of unequal to the task of education or unworthy of
the court was a predictable outcome of a process it, be superseded by the parens patriae, or
characterized by the protection of children. The common guardian of the community. ... The
development of child labor legislation, specialized care infant has been snatched from a course which
for the handicapped, and public education evidenced must have ended in confirmed depravity ... and
growing support for a philosophy of governmental not only is the restraint of her person lawful, but
responsibility for individuals who needed special it would be an act of extreme cruelty to release
protection and care (National Center for Juvenile her from it.
Justice, 1991).
The Crouse case is regarded as perhaps the first
Houses of Refuge case involving a delinquency matter to employ the
In the United States, reforms can be traced directly parens patriae doctrine, although the doctrine had been
to a Quaker-led movement in New York City. One of used previously in other areas of law (Pennsylvania
the first visible achievements of this movement was the Juvenile Justice Task Force, 1991:19).
passage in 1796 of legislation that, for many crimes, The right of the State to intervene in the life of a
replaced punishment by whipping and death with child differently from the way it intervenes in the life of
confinement in newly built prisons. In 1823, a compo- an adult is based on the British doctrine of parens
nent of this movement, the Society for the Prevention of patriae (parent the king). The doctrine was interpreted
Pauperism in the city of New York, focused on the as the inherent power of the king (State) to provide
plight of the horde of “dirty, foul-mouthed children who protection for persons who were not of full legal
thronged the city streets and subsisted on picking capacity. This chancery jurisdiction was generally
pockets and other crimes.” The Society advocated the applied to cases of child neglect and abuse or on behalf
construction of a “House of Refuge” for vagrant or of insane and incompetent persons. The essential
deprived young people and declared that the contamina- element of this doctrine was its emphasis on the welfare
tion of locking up children with mature criminals was of the child, permitting the proper balance of social and
one of the worst consequences of prison reform (Fox, economic interests. The chancery court might well have

5
limited its concern to dependent, neglected, and convincing signs of reform. At sentencing, instead of
destitute children. However, in extending chancery the usual imprisonment, the judge imposed a fine of 1
principles to include delinquent children, the court was cent and ordered the “reformed” defendant to pay costs.
following these principles to their logical conclusion Encouraged by his initial experience, Augustus
because delinquent children were often dependent, provided bail for more offenders and began supervising
neglected, and destitute, and all of these children were and guiding their behavior pending sentencing. Al-
in need of the court’s benevolent intervention. though he worked initially with adult males, he gradu-
The early Houses of Refuge in New York, Pennsyl- ally extended his activities to include work with women
vania, Massachusetts, and Ohio were founded on and children. Augustus subsequently “bailed on
principles of education and religion, generally provid- probation” thousands of persons. He was credited with
ing a program for children based on strict discipline and developing many of the features that came to character-
useful labor, while protecting them from adult crimi- ize the American probation system, including the use of
nals. These institutions began developing rather rapidly case studies, regular supervision, employment, and
and were the forerunners of State-operated reform education. Although Augustus has been acclaimed for
schools and industrial schools. Chronologically, the his work with adults, he was also—without question—
public training school emerged before our current a juvenile probation officer.
concept of juvenile detention. In the mid-1800’s, In 1847, I bailed nineteen boys, from seven to
progressive States began to develop reform schools that fifteen years of age, and in bailing them it was
provided the discipline needed by wayward youth but understood, and agreed by the court, that their
offered a homelike atmosphere where education was cases should be continued from term to term
emphasized. The first, Lyman School for Boys, was for several months, as a season of probation;
opened in Westboro, Massachusetts, in 1847. A similar thus each month at the calling of the docket, I
school for girls was opened in Lancaster, Massachu- would appear in court, make my report, and
setts, in 1855. Ohio created the State Reform Farm in thus the cases would pass on for five or six
1857 (Cole, 1989). months. At the expiration of this term, twelve
Some members of the Progressive Reform move- of the boys were brought into court at one
ment became concerned about the mistreatment and time, and the scene formed a striking and
neglect of children in orphanages and Houses of highly pleasing contrast with their appearance
Refuge. Primarily active in urban areas, the movement when first arraigned. The judge expressed
became known as the “child savers,” with prominent much pleasure as well as surprise, at their
women citizens acting as the lead advocates for appearance, and remarked, that the object of
children. Other targets of child saver reforms included law had been accomplished and expressed his
child labor practices, neglect and dependency, inad- cordial approval of my plan to save and reform
equate assimilation of immigrant children, runaways, (Moreland, 1941:5).
orphans, and delinquents (Newman, 1986).
In 1869, Massachusetts provided for the appoint-
John Augustus and Probation ment of an agent of the Board of State Charities. The
agent investigated cases of children tried before the
Equally important to the development of the
court, attended trials, received certain children for
juvenile court system in America was the development
placement, and found foster homes, when appropriate.
of probation as a sentencing alternative. Probation as
These agents, with the help of volunteers, also super-
we know it was derived from a logical extension of
vised children placed under the common law practice of
the English common law practice of the conditional
probation (Shultz, 1973).
suspension of punishment. Use of the judicial re-
prieve, release of offenders on recognizance, release The practice of probation was regulated by statute
on bail, and suspension of sentence were direct for the first time in 1878, when Massachusetts enacted
precursors of probation. legislation that enabled the mayor of Boston to appoint a
paid probation officer for the courts of criminal jurisdic-
The first step beyond these common law practices
tion in Boston (Pennsylvania Juvenile Justice Task Force,
was taken in Boston, Massachusetts, in 1841 when John
1991:20). For more historical information on probation,
Augustus, a local cobbler, attended police court and
John Augustus, and the Progressive Movement, see the
requested that the court allow him to post bail for a man
recent article by Edward Sieh (1993).
charged with being a common drunkard. The court
agreed, and Augustus was ordered to return with the
defendant in 3 weeks, at which time he was to show

6
The Juvenile Court In 1893, prior to the passage of the Illinois statute,
Pennsylvania enacted legislation that prohibited a child
In a historical review of the origins of the juvenile under age 16 from being confined with adults charged
court, the Center for Legal Studies at the University of with or convicted of crimes. This law also required that
Illinois at Springfield attributed the evolution of the children should be tried separately from adults and
juvenile court movement to Illinois Governor John provided that cases involving children be listed on
Altgeld (Kopecky, 1989). Other key actors identified in separate dockets. Although Pennsylvania’s first Juvenile
the report were social workers Jane Addams, Julia Court Act, passed in 1901, was very similar to the
Lathrop, Lucy Flowers, and Elvina Stevens, as well as Illinois law, the Pennsylvania Superior Court declared
members of the Chicago Bar Association—Judge the new statute unconstitutional (Pennsylvania Juvenile
Richard Tuthill, Judge Harvey B. Hurd (“Father of the Justice Task Force, 1991:20).
Juvenile Court Law”), Ephriam Banning, John W. Ela, Shortly thereafter, the General Assembly enacted
Edwin B. Smith, and Clarence Darrow. According to the Juvenile Court Act of 1903, which was very similar
Kopecky, Governor Altgeld appointed Julia Lathrop to to the 1901 statute. The Pennsylvania Supreme Court
evaluate the conditions of confinement in all Illinois upheld its constitutionality, citing the parens patriae
correctional institutions. She was so appalled by the doctrine as a valid basis for approving different
treatment of juvenile offenders that she asked members procedures, such as the denial of a jury trial, in cases
of the Bar to implement legislation for juvenile reform. involving children. Around this time, the juvenile court
With the help of Lucy Flowers, the Bar Association movement gained considerable momentum, and by the
drafted the bill that eventually became the Juvenile mid-1920’s, nearly every State had enacted juvenile
Court Act. court statutes in some form.
Although it is common practice to attribute the
invention of the juvenile court to inspiration in Cook Early Definition of Delinquency
County (Chicago), Illinois, parallel evolution was taking The definition of delinquency was broadened
place in several States. The practice of trying children shortly after the passage of the Illinois Juvenile Court
separately from adults began in Suffolk County, Massa- Act to “embrace both the list of peculiarly juvenile
chusetts, in 1870. The practice became statewide in 1872. offenses, such as frequenting places where any gaming
New York developed a similar statute in 1892, followed devise was operated” and the apparently all-encompass-
quickly by Indiana and Rhode Island (Sussman and ing “status offenses” of incorrigibility and a livelihood
Baum, 1968). Nevertheless, the Juvenile Court Act, of idleness or crime. In 1907, the list was again broad-
passed by the Illinois legislature in 1899, was the first ened to include “running away from home, loitering and
such enactment to be acknowledged as a model statute using profanity.” These acts defined the characteristics
for other States and countries (Platt, 1969). of juvenile delinquency. Discrimination between
behavior defined as criminal for everyone, adult or
Juvenile Court Act child, and behavior seen as inappropriate only for a
The Illinois Juvenile Court Act eliminated the need child was not believed to be necessary. Juvenile crime
for warrants to arrest children, the use of indictments, was not viewed as an adult crime but as evidence of
and most other features of criminal proceedings. The delinquency. Juvenile errors and omissions were not to
Act established a separate courtroom and separate be held against an offender in later life. The court’s task
records, and it provided that “where a child would come was not to punish juvenile crime but to guide delin-
within the jurisdiction of the courts—that the care, quents toward a responsible and productive adulthood.
custody and discipline of a child should approximate as The focus of the juvenile court proceeding shifted
nearly as may be, that given by its parents.” The new from the particular offense that a child had committed. As
law created a juvenile court with jurisdiction over Judge Julian Mack, the first juvenile court judge in Cook
children under the age of 16 who were delinquent, County, described the role of the judge in these new
dependent, or neglected (Pennsylvania Juvenile Justice proceedings, “the problem for determination by the judge
Task Force, 1991:20). The Illinois Juvenile Court Act is not—has the boy or girl committed a specific wrong,
delineated three distinctions of the juvenile court but what is he, how has he become what he is, and what
movement: (1) the creation of a separate court of justice had best be done in his interest and in the interest of the
for children because children are different, (2) the State to save him from a downward career” (Pennsylvania
recognition that juvenile court is not a criminal court, Juvenile Justice Task Force, 1991:21).
but a civil court, emphasizing the rehabilitation and
treatment of children, and (3) the creation of a system
of probation (Lathrop, 1917).

7
Adjudication accounts that focus primarily on other juvenile justice
matters. However, these sources provide some insight
The adjudication proceeding itself was intended to
on how detention developed.
be nonadversarial in nature, with the judge presiding as
a father-figure who represented simultaneously the There appear to be three major phases in the
interests of the child and those of the State. The early development of juvenile detention, and we are currently
courts operated without providing alleged delinquents in one of them. The current increase in juvenile violent
with many of the rights afforded adults, including crime combines with the continued disintegration of the
adequate notice of charges, the right to counsel, and family and a punitive public philosophy to place an
trial by jury. The power of the juvenile courts to act in increasing demand on juvenile detention as a major
the absence of many of these procedural safeguards resource for the juvenile justice system. As a result, the
eventually became the basis of attacks on the philoso- number of facilities is increasing, while existing
phy of the system. Although the level and frequency of facilities are expanding.
the criticism increased throughout the 20th century, the
Juvenile Detention Homes
juvenile courts of the early 1900’s functioned virtually
unchanged until 1966, when the U.S. Supreme Court The two other periods described in the literature are
ruled on certain procedures of the court (Pennsylvania the times preceding and following World War II. For the
Juvenile Justice Task Force, 1991:21). first 50 years of the juvenile court, most juvenile
detention occurred in either homelike settings or jail.
Women’s Role Many juvenile courts actually purchased large houses
Women played a significant role in the develop- for the detention of status offenders, minor offenders,
ment of the juvenile justice system. According to Cole and dependent-neglected children. Staffed by house
(1989): parents, these houses were generally not secure. The
practice was very similar to current nonsecure detention
Such activists as Jane Addams and Julia
programs such as the types operated in New York State.
Lathrop of the Settlement House Move-
Because of the relatively low number of youth commit-
ment ... and the National Congress of Mothers
ting delinquent offenses, serious offenders were
were successful in promoting the juvenile
diverted to the local jail or committed to State training
court concept, so that by 1904 ten states had
schools and reformatories. Secure detention facilities
implemented procedures similar to those of
(institutions with secure hardware and design) were the
Illinois, and by 1920 all but three states
luxury of larger juvenile court systems.
provided for a juvenile court. (p. 649)
Early accounts of juvenile detention describe
Other key women identified in the juvenile court similar systems. In rural and small-town communities,
movement are Lucy Flowers and Elvina Stevens the detention home or small, homelike institution
(Kopecky, 1989). Women also developed powerful developed (Norman, 1957). Extended families
advocacy groups for juvenile justice (e.g., League of throughout rural America helped suppress delin-
Women Voters and denominational women’s groups), quency and enabled small jurisdictions to meet their
and they contributed countless volunteer hours to all detention needs through detention homes, foster
aspects of the system. homes, and group homes. Small institutions (under 20
The women’s movement of the 1970’s combined beds) were also designed with a homelike atmosphere
with the economics of the 1980’s to move a substantial that included live-in house parents. The legacy of the
number of women from advocacy or volunteer roles and homelike approach to juvenile detention survived
into the workplace. However, the diminished involvement through the 1960’s, and a few detention centers are
of these advocacy groups has adversely affected the still called homes—e.g., the Calhoun County (Michi-
juvenile justice system’s ability to maintain its equilib- gan) Juvenile Home.
rium in the face of the punitive policies of the 1980’s.
Jailing Juveniles
Urban areas constructed more traditional detention
The Origins of Contemporary facilities, using a hospital-like architectural design
Juvenile Detention (Norman, 1957). In both cases, jails were used for
serious offenders. Most jurisdictions without access to a
Very little is written about the history of juvenile detention center made arrangements to detain youth in
detention in the United States. Information about the county jails or municipal lockups. By 1945, nearly 27
development of detention must be drawn from historical percent of all youth detained overnight were incarcer-

8
ated in a county jail or police lockup as opposed to a County Temporary Juvenile Detention Center, operated
juvenile detention facility (Tappan, 1949). As the by the executive branch of Cook County government.
procedure of jailing juveniles continued, reports of To describe the large juvenile detention facility and
deaths, injuries, and unsanitary living conditions raised its programs, Cavan (1969) used the Los Angeles
questions about the practice of detaining youth in jails County Juvenile Hall. She reported that the Juvenile
(Tappan, 1949; and Norman, 1957). Hall was established in 1906, the same year as the
Construction of appropriate juvenile detention opening of the Audey Home in Chicago. Was the first
facilities was hindered, however, by the economic juvenile detention center in Chicago or Los Angeles? It
problems associated with the Depression and World is hoped that this question will elicit historical evidence
War II. By 1930, 141 juvenile detention facilities to support one theory or the other.
existed in the United States, but many of these were
homelike residential group facilities (Norman, 1957).
An accurate count of institutional detention facilities Recent History
was not available prior to World War II.
Even though the concept of juvenile probation is
The Construction Boom older than juvenile detention, the histories of both ideas
The post-World War II prosperity enabled those have been somewhat similar during the past several
within the juvenile justice system and the public to look decades. Juvenile probation and detention represent the
more closely at the problems surrounding juvenile two primary interventions of the juvenile court. Many
delinquency, especially the practice of jailing juveniles juvenile probation officers came from the ranks of
and the need for appropriate detention facilities for juvenile detention, while detention administrators
children and youth. As a result, a construction boom frequently evaluate detention workers with an eye to
occurred in the 1950’s and 1960’s. By 1967, 242 secure those who can be promoted to the probation depart-
institutions for juvenile detention existed in the United ment. The salary and status disparities between deten-
States (Cavan, 1969:393). The height of this construc- tion and probation imply that detention is secondary
tion occurred between 1945 and 1957, when more than within juvenile court. The State of Illinois recently
100 detention centers were built (Norman, 1957:396). enacted legislation that created salary parity between
Between 1950 and 1957, California built 22 new juvenile detention officers and juvenile probation
juvenile detention facilities. officers, enabling Illinois detention facilities to maintain
Since then, construction has continued. By 1971, 303 greater staff stability.
juvenile detention facilities were reported in the United At the beginning of the 1950’s, juvenile probation
States (Pappenfort and Young, 1980). By 1989, that professionals were certain that management caseloads,
number had risen to 492 facilities (Allen-Hagen, 1991). new facilities, and full staffing of trained probation
Trends from the early 1990’s indicate that con- officers would completely control juvenile delinquency.
struction is continuing. However, the rising costs of the However, by the end of that decade, these professionals
adult criminal justice system, particularly the opera- were smarting from the criticism of a subcommittee of
tional costs of prisons and jails, are placing extreme the U.S. Senate Committee on the Judiciary, which had
financial burdens on local jurisdictions. In 1993, one spent 5 years studying juvenile delinquency and laying
New Jersey county closed its juvenile detention facility the foundation for the Juvenile Delinquency and Youth
as part of a cost-saving effort. Offenses Control Act of 1961 (Hurst, 1990). The
authors of that legislation were sufficiently impressed
First Juvenile Detention Center with current social theories to make provisions to fund
The absence of historical records prevents a virtually every kind of community effort that prevented
definitive identification of the first juvenile detention or controlled delinquency—except juvenile probation.
facility in the United States. Tappan (1949) recognized The juvenile court also came under attack by
the Arthur J. Audey Home, operated by the Cook outsiders because it failed to meet its promises. During
County Juvenile Court, as the first juvenile detention the 1960’s, civil libertarians found powerful allies on the
facility. Opened around 1906, the Audey Home was a Supreme Court, and the cannons of procedural due
multistory residential building near downtown Chicago process were turned first on the criminal justice system
(Jordan, 1968). In 1923, a new juvenile detention and, once it had been “blasted into constitutional submis-
facility was built using state-of-the-art designs. By sion,” on the juvenile courts (Hutzler, 1982:28). With the
1970, the demands for more space and a new physical Kent decision in 1966, Gault in 1967, and Winship in
plant led to the construction of the 500-bed Cook 1969, the Supreme Court denounced the informality of

9
juvenile proceedings and demanded that juvenile courts National Juvenile Detention
consider a defendant’s rights, due process, and constitu- Association (NJDA)
tional safeguards while finding facts. (For more detail on
Two issues emerged from the Pere Marquette
these and other decisions, see Chapter 2.)
Institute. First, in addition to the American Correctional
In response to President Lyndon Johnson’s “war Association (ACA), a separate professional association
against crime” and the recommendations of the was needed to represent juvenile detention nationally.
Katzenbach Commission on Law Enforcement and The 1968 Institute marked the first time that detention
Administration of Justice in 1967, Congress passed the administrators convened on a national level to address
Juvenile Delinquency Prevention and Control Act of the future of juvenile detention. Second, the Institute
1968. That Act made specific provision for financial was to provide a vehicle for detention practitioners to
assistance to courts and correctional systems to treat unite and provide national leadership so that juvenile
and control juvenile delinquency. It also recommended detention practices could be standardized. Institute
that children who were charged with status offenses be participants elected LaVon Kindall as the president of
screened from the court system. The U.S. Department the fledgling association. The first group of officers also
of Health, Education, and Welfare (HEW) spent 4 years included James M. Jordan, who was responsible for
developing the national strategy for this legislation but incorporating NJDA as a nonprofit organization under
never requested an appropriation that could be used to Illinois law in 1971.
support services in the States (Hurst, 1990).
Since 1968, NJDA has provided semiannual
The late 1960’s brought rapid change to the training programs for juvenile detention personnel. In
juvenile justice system. The nature and intensity of 1989, NJDA initiated the National Juvenile Services
change created high levels of uncertainty within the Training Institute (NJSTI), an annual training event that
field as basic assumptions were challenged, clarified, provides detention and corrections practitioners with
and redefined, sometimes simultaneously. These various workshops, seminars, and training certification
changes foretold even more significant transformations. programs. Furthermore, NJDA publishes an education,
Pere Marquette Institute research, and training journal in conjunction with the
Juvenile Justice Trainers Association (JJTA) and the
The first documented attempt to convene juvenile National Association of Juvenile Correctional Adminis-
detention professionals and experts was the National trators (NAJCA).
Institute for Juvenile Detention Home Administrators in
spring 1968 at the Pere Marquette State Park in Origins of Detention Staff Training
Grafton, Illinois. The Institute was the cooperative Another reason for the Pere Marquette Institute
effort of Dr. Charles Matthews, director of the Delin- was the need for staff training (Grass Roots and NJDA,
quency Study in Youth Development Center at Southern 1990). Matthews saw national training efforts as a way
Illinois University-Edwardsville, and Gerald Wittman to sustain ongoing interaction among detention staff. He
from HEW’s Office of Juvenile Delinquency and Youth assigned training responsibilities to Dr. Tom Hughes, a
Development. Matthews and Wittman believed that faculty member at the Delinquency Study and Youth
juvenile detention in the United States needed more Development Center. Hughes secured funding through
attention and that nationally respected expert practition- the Office of Juvenile Delinquency to conduct regional
ers should set an agenda for the future of the profession. training programs for detention staff.
Little progress had occurred for juvenile detention since
Much of the experience gained in training deten-
the National Council on Crime and Delinquency
tion staff has been transferred to the Detention Basic
(NCCD) published the Standards and Guides in 1958
Training programs operated by the University of Illinois
and revised it in 1961. Furthermore, the history of
at Springfield Center for Legal Studies. Coordinated by
practitioner involvement in the development of the field
Hughes, the program is a 40-hour introductory training
of juvenile detention was sporadic, and those in the
program, accredited by the American Probation and
profession remained isolated. This concept of using
Parole Association.
training experiences as a way to share ideas on a
national level led to the development of the National National Council of Juvenile and
Juvenile Detention Association.
Family Court Judges (NCJFCJ)
During the past several years, NCJFCJ has been
greatly interested in NJDA. Gerald Wittman, a previous
NCJFCJ training director, helped establish NJDA when

10
he worked for HEW, the Federal predecessor to the During the 1980’s, ACA made substantial contribu-
Department of Health and Human Services (HHS). This tions to juvenile detention training. ACA provided
contribution was always a point of pride for Wittman, regional training, correspondence courses, onsite
who displayed in his office a photograph of himself training, and staff certification for trainers (Taylor,
receiving an award from John Holmes, a former 1985). ACA worked with the National Institute of
executive director of NJDA. Corrections (NIC) to develop a training program
During the past decade, NCJFCJ collaborated with designed to create competent trainers within the ranks
NJDA to sponsor three national institutes on juvenile of correctional staff (American Correctional Associa-
detention issues. The first institute convened in 1985 in tion, 1981). Limited resources have increased the
Las Vegas, Nevada. The second convened in June 1988 importance of inservice training programs, and the
in San Antonio, Texas, while the third assembled in Training Staff Trainers (TST) certification appears to be
June 1990 in Las Vegas. These institutes addressed a cost-efficient strategy that increases the amount and
major juvenile detention issues that interested judges, quality of inservice training hours provided. Juvenile
detention personnel, and other court staff. detention was included in this concept.
On a statewide level, NCJFCJ has actively Reform in Massachusetts
collaborated with the New York Juvenile Detention
Association for the past several years, aiding its In 1969, the Massachusetts Director of Youth
annual April conference. Similarly, NCJFCJ has Services resigned after a series of crises in the State’s
assisted the New Jersey Juvenile Detention Associa- training schools. His successor, Dr. Jerome Miller, took
tion with its annual conference. office with a mandate to develop new programs. During
the next 2 years, Miller worked to establish therapeutic
Each March, NCJFCJ, in conjunction with the
communities within the State’s existing training
National District Attorneys Association, sponsors the
schools. Adherents of the old custodial philosophy
National Conference on Juvenile Justice. Detention
resisted his reforms. By 1971, Miller concluded that
professionals often participate in the meeting, which
therapeutic communities could not be run successfully
addresses specific detention issues and general interest
within the traditional training schools; so he closed
topics that benefit detention staff. When finances
them. They were replaced by a network of decentralized
permit, NCJFCJ also provides States with assistance for
community-based services and a few small secure-care
their juvenile justice conferences. Although detention
units for violent juvenile offenders.
may not be the only specialization presented at these
conferences, numerous detention professionals attend. The Massachusetts revolution constituted the most
sweeping reform in youth corrections in the United
Detention is a critical part of the juvenile justice States since the establishment of juvenile training
continuum, and detention services often fall within the schools and juvenile courts in the 19th century. It
jurisdiction of the judicial branch. Although NCJFCJ’s demonstrated that juvenile corrections need not be
general philosophy is to work collaboratively while centered around large training schools. Because the
providing the specialized continuing education of essential components of the community-based system
judges, it believes that nothing in juvenile justice is are still in place, the Massachusetts experience serves as
foreign to its training enterprise. proof that deinstitutionalization and diversion can be
American Correctional Association implemented without destroying the rehabilitation goal
of juvenile justice or compromising the community
(ACA)
protection goal. For more information on the Massachu-
The ACA standards are perhaps the most signifi- setts experience, see Loughran (n.d.) and Miller (1991).
cant event in detention training history. Although the The effects of the Massachusetts experience on
training standards present a comprehensive list of topic juvenile detention have been varied. The continued
areas, the required training hours have redefined the positive evaluations of Massachusetts have encouraged
importance of training. ACA requires 160 hours of other States and local jurisdictions to explore and
actual training during the first year of employment implement risk assessment devices to divert offenders
(40 hours of preservice orientation and 120 hours of from secure detention. There has been a greater
specialized training) and 40 hours annually thereafter confidence in community-based alternatives, which
(1991:23). By contrast, in detention facilities where
have eased or reduced the crowding in juvenile deten-
staff often receive no more than 8 to 10 hours of
tion facilities. However, a secondary effect felt by
training per year, the standards seem very strict.
detention staff is the further distillation of the detention
population, leaving more serious and violent youth

11
incarcerated. Although this outcome is predictable himself or the community or will run away
given the current philosophy about juvenile delinquency pending court disposition. He should not be
treatment and prevention (see page 17 for the Compre- detained for punishment or for someone’s
hensive Plan by Wilson and Howell), most detention convenience. (p. 211)
facilities have had neither the time nor the resources to
The National Advisory Commission. The
respond adequately to these changes.
National Advisory Commission (NAC) on Criminal
Juvenile Justice and Delinquency Justice Standards and Goals identified its own concerns
regarding detention problems, observing that status
Prevention Act of 1974
offenders made up at least 50 percent of most detention
In response to the inadequacies of the Juvenile populations (1974). This percentage and the deplorable
Delinquency Prevention and Control Act of 1968 and its conditions found in detention centers and jails
administration in HEW, Congress passed the Juvenile prompted NAC to propose the following:
Justice and Delinquency Prevention Act (JJDPA) of
• The delinquency jurisdiction of the court
1974. JJDPA created the Office of Juvenile Justice and
should be limited to those juveniles who
Delinquency Prevention (OJJDP), which was charged
commit acts that if committed by an adult
with administering the Act, and established the office
would be criminal, and juveniles accused of
within the U.S. Department of Justice. The major
delinquent conduct should not, under any
provisions of JJDPA focused on deinstitutionalizing
circumstances, be detained in facilities de-
status offenders and nonoffenders and separating
signed to house adults accused or convicted
incarcerated juveniles from adults. (The 1980 Amend-
of crime.
ments to JJDPA added the jail removal mandate.) To
receive their share of Federal funds under JJDPA, States • Detention should be considered as a last resort
were required to comply with these requirements. Other when no other reasonable alternative is
major purposes of JJDPA included delinquency available.
prevention, development of community-based alterna- • Detention should be used only when the
tives to the juvenile justice system, and improvements juvenile has no parent, guardian, custodian,
in the juvenile justice system (Sweet, 1991). or other person who can provide supervision
and care for the youth and who can ensure
Deinstitutionalization of the youth’s presence at subsequent judicial
Status Offenders hearings.
The National Council on Crime and Delin- • Juveniles should not be detained in jails,
quency Survey. At the request of the President’s lockups, or other facilities used for adults.
Commission on Law Enforcement and the Administra- NAC recommended that juvenile courts should
tion of Justice, the National Council on Crime and only be authorized to institutionalize delinquents whose
Delinquency (NCCD) surveyed State and local correc- offenses would be crimes if committed by adults.
tional agencies and institutions across the United States
State Plan. JJDPA initially required that States
in 1966. The survey documented extensive use of
wishing to receive Formula Grant Funds submit a plan
detention facilities to house juveniles accused of
that would “provide within two years after submission
noncriminal conduct. Although such detention was
of the plan that juveniles who are charged with or who
permitted under broadly written State juvenile court
have committed offenses that would not be criminal if
statutes, it often occurred without the benefit of court
committed by an adult, shall not be placed in juvenile
petitions. Wide variations in detention rates and lengths
detention or correctional facilities, but must be placed
of stay compounded the problem (Sweet, 1991). NCCD
in shelter facilities.” This provision became known as
concluded that “confusion and misuse pervade deten-
the “deinstitutionalization of status offenders” (DSO)
tion. It has come to be used by police and probation
requirement. JJDPA further directed that participating
officers as a disposition; judges use it for punishment,
States “provide for an adequate system of monitoring
protection, [and] storage” (1967). As a result, NCCD
jails, detention facilities, and correctional facilities to
recommended that:
insure that the [DSO] ... requirements are met, and for
No child should be placed in any detention annual reporting of the result of such monitoring to the
facility unless he is a delinquent or alleged Administrator” (Sweet, 1991).
delinquent and there is a substantial probabil-
ity that he will commit an offense dangerous to

12
Standards Movement in Juvenile • No child is ever held in a jail or prison
lockup.
Detention
• Detention intake controls are established by
Another significant event in the history of juvenile the juvenile court with the cooperation of
detention is the professional standards movement. The the police and other agencies.
focus on standards identified and legitimized juvenile • The length of detention is as short as possible,
detention as an integral part of the juvenile justice less than 1 week as a rule.
system. Previously, juvenile detention had been • The types of facilities chosen are based on the
obscured by the secrecy of the juvenile court and had real detention needs of the community, as
been referred to as a “hidden closet” (Schwartz, determined by survey and evaluation.
Fishman, Hatfield, Krisberg, and Eisikovitz, 1985).
• Building design and construction are adapted
ACA’s Standards for Juvenile Detention Facilities,
to the special demands of detention care, with
published in 1979, generated intense concern within the
emphasis being placed not only on cheerful-
juvenile detention and juvenile justice communities
ness, livability, and ease of maintenance, but
about the role of detention, its mission and vision, and
on flexibility and ease of supervision.
its purpose and goals. Although ACA deserves much
credit, the idea that professional standards are the • The administrating agency is one that special-
mechanisms that bring detention into full recognition izes in the field of child care and can guaran-
has a long history. tee programs that will make detention a con-
structive preparation for the child’s future
The National Conference Report rehabilitation.
In 1923, the Children’s Bureau, in cooperation with • The program not only provides good physical
the National Probation Association (NPA), published the and custodial care but meets the nonphysical
first official juvenile court standards, including little more needs of children through activities that
than one page on juvenile detention (Norman, 1957). challenge the interest of each age group,
These standards stressed three points: (a) keeping including a varied and stimulating educational
children out of jails and police lockups, (b) using program, social life and recreation, and
detention only when it was absolutely necessary, and spiritual guidance.
(c) keeping detention as short as possible. In 1930, NPA • The staff is large enough to ensure the night
conducted the first systematic study of detention, and day supervision of small groups and is
surveying 141 detention homes. The survey report was competent to handle the problems of mal-
the first comprehensive description of detention practices. adjusted children compassionately and
In 1945, the NPA—now called the National intelligently.
Probation and Parole Association (NPPA)—conducted • Medical examinations are given to every
another study of juvenile detention to determine the child admitted, and a trained nurse is em-
best examples of all types of detention so that principles ployed in larger institutions.
and standards could be established. For the study, 68
• Clinical child guidance services are available
facilities in 22 States were visited.
to provide first aid treatment for acute emo-
The results were reported at the 1946 National tional disturbances and for more intensive
Conference on the Prevention and Control of Delin- study.
quency and published as the Report on Juvenile
• Comprehensive, confidential records are kept
Detention (National Conference, 1947). The report,
to provide information to the court and other
which contained 13 basic standards for juvenile
agencies concerned and to allow periodic
detention, was the first effort at detention standards
evaluation of detention practices.
development and shaped contemporary juvenile
detention standards. These 13 standards were the • The school program is under the supervision
forerunner of NCCD’s Standards and Guides, pub- of the local board of education, and curricu-
lished in 1958. The standards of good juvenile detention lum adjustment is made to stimulate the
care identified in the Report on Juvenile Detention are interest of pupils and to meet their individual
as follows: needs.

13
• Persistent effort is made to promote public ACA Standards
education and cooperation because they are Under the leadership of Anthony Travisono and
essential in maintaining a good detention William Taylor, the ACA professional standards
program (National Conference, 1947:18–20). movement focused attention on the essential compo-
NPPA National Survey nents of juvenile detention. Standards development
addressed the nature and quality of adequate services
As NPPA detention consultant, Sherwood Norman, offered to the offender. Because ACA included juvenile
a former superintendent of the Chatham County detention in the standards development process,
Juvenile Detention Center in Savannah, Georgia, detention received an instant boost in legitimacy.
conducted the 1945 survey of juvenile detention Although many practitioners wanted NJDA to develop
(mentioned above). In addition to the development of the professional standards for juvenile detention, it did
basic standards for detention care, Norman identified not have the resources to accomplish this task. There-
numerous issues facing juvenile detention. Most of fore, ACA invited key leaders from NJDA to help
these issues reflect similar problems currently facing prepare an initial draft of juvenile detention standards.
detention (Roush, 1992). For example, Norman (1949,
After several years of work, the NJDA detention
1951, 1957) discovered a variety of detention practices
standards team—composed of Donald Hammergren,
because of the absence of a clear definition of juvenile
James Jordan, and Richard Kelley (all students of
detention. Furthermore, the inability to control intake
Sherwood Norman)—presented a final draft of juvenile
meant that detention facilities were crowded and that
detention standards to the NJDA membership at its
there was an unhealthy commingling of youth who
1978 annual meeting in Fort Wayne, Indiana. After
were classified as dependent-neglected, status offend-
modifications by the ACA Standards Committee, ACA
ers, misdemeanants, and felons.
published the first edition of the Standards for Juvenile
Norman was also one of the first to comment on Detention Facilities in 1979. The second edition was
the new architecture for juvenile detention facilities. published in 1983, and the third edition was released in
Post-World War II construction of juvenile detention 1992. Each revision streamlined the standards in an
facilities was influenced by his perspectives. Previously, attempt to make them more relevant to the daily
juvenile detention facilities reflected a multitude of practices of juvenile detention. In 1981, NJDA formally
design strategies. Norman stressed that form follows endorsed the ACA standards as “the best guidelines for
function and that juvenile detention has specific and the operation of juvenile detention.”
unique functions that dictate special architectural
strategies. He was concerned that juvenile detention Accreditation. Standards development represents
facilities would become jails for juveniles, reflecting half of ACA’s contribution to this important process.
the hard and austere architectural designs of adult jails. Accreditation is the mechanism that substantiates an
institution’s compliance with professional standards. A
The NPPA survey, Report on Juvenile Detention, team of three ACA-trained auditors conducts a 3-day,
and the publication of NCCD’s Standards and Guides onsite review of a facility’s standards, policies and
in 1958 established Sherwood Norman as the most procedures, programs, staff, and residents to determine
influential force in juvenile detention and standards the level of compliance with ACA’s standards. If the
development. His concepts—(a) programming, institution is in compliance with 100 percent of the
(b) small, secure detention facilities, (c) detention as applicable mandatory standards and 90 percent or more
a process instead of a place, (d) regional detention, of the applicable nonmandatory standards, the institu-
(e) nonsecure detention, (f) a continuum of services, tion is accredited by ACA. Accreditation is seen as a
and (g) counseling as a component of daily programs— hallmark event for detention facilities, resulting in more
have had a significant impact on the current role of efficient operation, improved ability to secure an
juvenile detention. His writings have influenced many, adequate budget, increased staff morale, improved
and the Standards and Guides remains a classic in professionalism, and increased resistance to liability
detention literature. Because it is out of print, NJDA (Roush, 1990a:71–76).
published excerpts in the spring 1990 (Vol. 5) edition of
the Journal for Juvenile Justice and Detention Services. Since the early 1980’s, relatively few juvenile
(For additional information about Norman’s philosophy detention facilities have pursued accreditation. Accord-
of detention, see Roush, 1993b.) ing to ACA, less than 10 percent of detention facilities
are accredited. The following reasons explain why the
field of juvenile detention has not responded favorably
to involvement in the accreditation process:

14
• Initially, practitioners complained that the cost Balanced Approach
of accreditation was excessive for small
detention facilities with a capacity of 50 beds LaMar Empey (1985) reviewed the history of
or fewer. (ACA responded by creating sliding- childhood and the juvenile court system, examining the
scale fees and by developing a set of standards theories that shaped juvenile justice policy during the
for detention facilities with a capacity of 20 first 70 years. In the following quote, he encapsulates
beds or fewer.) this examination:
• Practitioners do not like standards that are In the 19th century Americans were convinced
policy based as opposed to being outcome that family depravity was at the root of delin-
based. In other words, an institution could quent behavior. That is why they constructed
be in compliance with a standard merely by asylums and reformatories in an attempt to
having a policy that might not be put into replicate the functions of the family and why
practice. This complaint was one of the major they invented the juvenile court to act in lieu of
findings of the OJJDP Study of Conditions of parents.
Confinement (Parent, Leiter, Kennedy, Livens,
Wentworth, and Wilcox, 1994), resulting in a In the first third of this century biological and
debate over the relationship between standards Freudian theories more than reinforced these
compliance and improved conditions of beliefs. ... Then, from the 1930’s through the
confinement. 1960’s, a variety of theorists insisted that
delinquency could not be understood without
• Practitioners complained that each revision of
attention to a host of extra-familial factors.
the standards actually weakened the require-
Delinquency must be viewed as an understand-
ments for performance-based or practice-
able response to these conditions (poverty,
related outcomes. Law professor Lynn
discrimination, inequality and the demoraliza-
Branham (1993) examined the evolution of
tion that follows). Peer groups and youth
ACA’s adult standards and concluded that
subcultures encourage delinquency because it
many do not even require a daily practice that
makes sense, either as a means of gaining
safeguards basic constitutional rights.
status or as a means of pursuing success
• Since the early 1980’s, many States have illegitimately.
initiated or strengthened the standards devel-
opment process within their departments of Finally, in the 1970’s, the role of the family
social services or child welfare licensing. A was reemphasized. But even then, it was not
State-operated inspection process, conducted seen as an exclusive cause of lawbreaking.
by an independent third party and paid for by Rather ... the result of failures in the socializa-
the State, appeared to many juvenile detention tion process which, while beginning in the
professionals and juvenile court judges to be as family, also took place in the school and other
attractive and equally effective as ACA youth serving institutions. (pp. 26–27)
accreditation. As juvenile justice faces its second century, the
• Litigation by the Youth Law Center revealed lessons learned from the first 100 years reflect the need
that policy-based criticisms of standards are for a balanced approach to services for children and
accurate, and successful litigation was con- families. Maloney, Romig, and Armstrong (1988)
ducted against accredited facilities, raising observed that the swinging pendulum of social thought
significant concerns among practitioners about that shaped juvenile justice policy in the late 1960’s and
the claims that accreditation is the best defense early 1970’s was directed by liberals who reacted to the
against liability. perceived shortcoming and failure of the court, which
The future of accreditation in juvenile detention committed large numbers of juveniles to institutions for
remains uncertain. Despite its great appeal to practition- indefinite periods of time in the name of treatment. The
ers, the integrity of the process has been threatened. The response was a shift in corrections policy, choosing
call for performance-based standards issued by OJJDP community-based programming and closing juvenile
may be the event that redefines accreditation for ju- training schools in some States. This push led to a
venile detention facilities. With the increasing concern substantial deemphasis on procedures and activities
over litigation and legal liability of staff, it will be related to concerns for offender accountability and
interesting to follow the continuing evolution of the community protection. Proponents of this philosophy
standards and accreditation processes. wanted to decriminalize, deinstitutionalize, and divert
youth from the juvenile justice system.
15
In response to criticism that the movement was soft One review of the juvenile justice system identifies
on crime and a perception that serious crime by four challenges facing the future, and although each is
juveniles was increasing, the pendulum was beginning significant, they combine to create an impending crisis
to swing toward law enforcement and harsher sanctions for juvenile detention and corrections. These challenges
by the 1980’s. State legislatures responded by passing include:
reforms that permitted mandatory sentencing and • Frequency. The increased rate of referrals to
automatic waiver-transfer to criminal court jurisdiction. the court for serious juvenile crime, including
In describing these changes, Hutzler (1982) suggested drug crimes and weapons offenses, has placed
that some of these legislative responses were designed a strain on juvenile justice services (e.g., over-
to remove certain offenders from the protection of the crowded institutions and excessive probation
juvenile system to deal with them as criminals in caseloads) to the extent that services and
criminal court. However, other legislative approaches effectiveness are suffering.
altered the basic principles of the juvenile justice
• Intensity. Because youth are more frequently
system, requiring the juvenile court to adopt criminal
using violence as a problem-solving strategy,
justice policies and to treat certain offenders as crimi-
the youth entering the juvenile justice system
nals within the juvenile justice system. Some observers
require additional, highly specialized programs
noted that treatment and rehabilitation, judicial discre-
and services.
tion, and individualized justice were dismissed in favor
of a just deserts philosophy that included a mechanical, • Resources. The decreased financial resources
mass handling of juvenile offenders who were defined available to juvenile justice agencies and
primarily in terms of legal categories (Maloney, Romig, institutions require them to offer more services
and Armstrong, 1988). with less funding.
• Efficiency. Governmental systems are becom-
Different Issues or Different Juveniles? ing less able to deliver effective services
Many experts in juvenile justice say that the critical because of complexity and bureaucratic
issues facing juvenile detention have remained some- dysfunction (Roush, 1993b).
what constant (i.e., overcrowding, lack of adequately Part II of this Desktop Guide describes the critical
trained staff, lack of programs, and inadequate financial areas of practice for the juvenile detention professional,
resources). Others note that during the past few adopting a more balanced approach to detention services.
decades, the role of juvenile detention in the juvenile Such an approach acknowledges the potential value of
justice system has changed. In particular, the past applying, to some degree, an entire set of principles—
several years have seen a renewed emphasis on juvenile community protection, accountability, competency
detention by OJJDP and professional associations, such development and/or treatment, and individualized
as NJDA and ACA. assessment and classification—in an attempt to define
James Bell of the Youth Law Center warns, “best practices” (Huskey, 1994). In describing the
however, that the very nature of juvenile detention is balanced approach concept, Maloney, Romig, and
fundamentally different because of changes in the Armstrong (1988) suggested that the particular circum-
population of detained youth. The changes in juvenile stances of the delinquent act, the offender’s culpability,
justice during the past three decades have altered the and other social or psychological factors of the youth
basic characteristics of today’s detained youth. These would play a determining role in how the system will
youth are typically older, more aggressive, and more respond. A policy decision to consider the possible
emotionally and developmentally troubled. They also relevance of each principle in each case is a significant
are minorities charged with serious or violent offenses step toward avoiding the extreme remedies characterizing
(Pecora, Dodson, Teather, and Whittaker, 1983:395). both ends of the pendulum’s swing.
Juvenile corrections and probation are changing A New Paradigm? The balanced approach is a
extensively as new punitive laws and guidelines are holistic perspective of juvenile justice interventions.
adopted across the country. The accompanying poli- Much of what is included in the balanced approach has
cies—which decriminalize status offenses, divert minor a history of success, regardless of the dominant political
or first offenders, and provide community-based philosophy. The balanced approach calls attention to the
corrections for all but the most serious offenders—also fallacy that the truth is the sole property of one philo-
increase the length of stay in correctional and detention sophical or ideological perspective. Some would argue
facilities and ensure that those who are locked up are that the original goals and objectives of the juvenile
the most troubled and troublesome offenders (Pecora court are as relevant today as they were in 1899 and that
and Fraser, 1988).

16
the past century has provided insight on how to imple- have committed felony offenses or who have
ment these goals and objectives with maximum failed to respond to intervention and commu-
efficiency. Rethinking juvenile justice is a worthy nity-based treatment and rehabilitation
endeavor, and it should be a priority for each new staff services.
member to think critically about his or her job and how
it affects youth. Prevention Strategies
Prevention strategies focus on the five categories
that current research has identified as causes and
A Comprehensive Strategy correlates of delinquency: individual characteristics,
family influences, school experiences, peer-group
Although the juvenile justice system is currently influences, and neighborhood and community. The
facing problems related to issues such as the impact of following prevention strategies target each of these five
drugs, disproportionate numbers of minority youth in categories:
placement, overcrowding in public-sector treatment • Much of the difficulty with children can be
programs, and limited funding, the system is poised to traced to a decline in values and appropriate
respond and is committed to meeting the challenges that social skills. Prevention strategies must include
these problems represent. OJJDP has outlined a the development of moral, spiritual, and civic
balanced strategy for delinquency prevention and values along with opportunities to acquire a
intervention (Wilson and Howell, 1993). The strategy variety of social and vocational skills.
incorporates essential research findings and practitioner
perspectives. It has encountered widespread support as • Parents must be fully involved in the plan to
a model for delinquency prevention and intervention. help youth and must be accorded full partner-
The strategy contains three components: general ship. Prevention programs must strengthen the
principles, prevention strategies, and intervention family (National Coalition,1993). Interven-
guidelines. tions should be at the earliest point of impact
in order to reduce negative family involvement
General Principles factors, such as parental rejection, inadequate
The following general principles provide the supervision, inconsistent discipline, family
framework for the delinquency prevention and interven- conflict, marital discord, physical violence,
tion strategy: and child abuse (Christensen, Bowling, and
Schauer, 1991).
• Strengthen the ability of the family to fulfill its
primary obligations to instill prosocial values • Outside of the family, the school has the
in younger generations. greatest influence on the lives of children and
youth. Carbone (1989) maintains that educa-
• Provide family surrogates to nurture children tion is rehabilitation for all at-risk youth. For
when no functional family unit is available. this reason, prevention efforts should focus on
• Support core social institutions (i.e., the increasing the attachments of youth to the
school, religious institutions, and community school experience and to teachers through the
organizations) in their role of developing following outcomes: reduction in the number
capable, mature, and responsible youth. of dropouts to the lowest level possible,
• Intervene immediately and effectively when reduction in the number of suspensions and
delinquent behavior occurs in order to success- expulsions, reassessment of truancy as a
fully prevent delinquent offenders from school-related problem, use of violence re-
becoming chronic offenders. The movement duction programs, use of alcohol and other
within the adult criminal justice system toward drug prevention programs, and development
greater severity of punishment and sanctions of alternative programs through school-linked
may have resulted from the failure to apply the services (Koppich and Kirst, 1993; and Jehl
classical criminological tenet that the effective- and Kirst, 1993).
ness of punishment as a deterrent is more a • Research indicates that delinquent behavior is
function of its swiftness and certainty rather strongly correlated with delinquent, drug-using
than its severity. peers and gang membership. In particular,
• Identify and control the small group of serious, gangs fulfill a very powerful need for belong-
violent, and chronic juvenile offenders who ing and affiliation. Prevention efforts must

17
address peer-group influences, particularly • Greatly improved research capabilities that
gang membership (National Coalition, 1993). have facilitated the gathering of more accurate
• Although children do not choose where they statistics and the establishment of an empiri-
live, a safe environment is important. Neigh- cal, research-driven set of criteria for evaluat-
borhood and community prevention programs ing effectiveness principles.
should include safe havens for youth, neigh- • The development of a continuum of services
borhood mobilization for community safety, that more accurately meets the needs of the
drug-free school zones, church-sponsored offender, while safeguarding community
afterschool programs and tutoring, recreation, protection and providing cost-effective
mentoring, cultural activities, community and services.
business partnerships, foster grandparents, job • A shift to a social competence model that
training, and apprenticeships for youth. It is includes (a) a developmental, ecological, and
important to underscore the job-related skill-based approach to working with the
element of neighborhood and community juvenile offender and (b) an emphasis on the
intervention. In the absence of meaningful identification of skill deficits associated with
employment, drug-related activities take on an delinquency and on the effective matching of
employment characteristic. The sale of illegal programs to remedy these needs.
drugs is an employment opportunity for many
• The development and dissemination of
young people whose skill deficits prevent them
effective program models (Roush, 1993a).
from accessing legitimate jobs (Taylor, 1990).
In 1968, Robert Perkins, executive director of the
Intervention Guidelines Youth Study Center in Philadelphia, addressed his
The strategy’s intervention guidelines include a colleagues at the Pere Marquette Institute. He described
system of graduated sanctions. Although the full how the Hennepin County (Minnesota) Juvenile
description of these guidelines is more than can be Detention Center graphically interpreted the paradox of
covered in this section, OJJDP developed a manual for a balanced approach to good juvenile detention by
the implementation of the strategy (Howell, ed., 1995), adopting a pictorial symbol for the center’s logo.
and it is available through the National Criminal Justice Represented as a crest or seal, the symbol proclaimed,
Reference Service (NCJRS). “Youth Detention Has Two Hands,” and it displayed
two hands—a vertical hand inscribed with the word
“Control” and a horizontal hand inscribed with the
Summary word “Guidance” (Perkins, 1968:69).

Endnotes
The rethinking of juvenile justice in the light of
1
three decades of conflicting policies has led to: Much of the historical material regarding the reform
movements and the origins of the juvenile court and
• A balanced approach to juvenile justice that is
probation is from the Desktop Guide to Good
inclusive rather than exclusive of effective
Juvenile Probation Practice (National Center for
concepts, programs, and ideas and that
Juvenile Justice, 1991) and Toward the Year 2000: A
recognizes the holistic nature of delinquency
Blueprint for Excellence (Pennsylvania Juvenile
prevention by placing a greater emphasis on
Justice Task Force, 1991). Both are excellent re-
the family, community, meaningful employ-
sources and warrant special consideration.
ment, and aftercare services.

18
Chapter 2 Juvenile Detention and the Law

Juvenile detention is a key component of the The simple fact is that the legal system cannot
juvenile justice system. One of the primary aims of function without discretion. It would simply be too
juvenile justice is to separate juveniles from adults. rigid. Furthermore, the whole idea of individualized
Juvenile detention serves this function, providing justice, which is a hallmark of the juvenile justice
separate buildings in which to house juveniles and a system, is based on discretion. Juvenile justice practi-
separate staff operating under a different set of guide- tioners need the flexibility to examine the individual’s
lines. Furthermore, under modern theories of juvenile situation and make a determination that balances the
justice, as many juveniles as possible should be minor’s best interest against the interests of society.
diverted from the formal court system, using detention The solution to the law versus discretion tension is
only for those youth who need supervision. Knowledge- not to think of the terms “law” and “discretion” as
able, considerate, and humane individuals are needed to opposites, but rather to view law as a means of control-
work with these youth. Detention staff have a great ling discretion. If both law and discretion are necessary
challenge. They must work with the most difficult in a properly administered legal system, the question
youth, under difficult circumstances, and in a facility then becomes, What is the right mix of discretion and
where the juvenile is being unwillingly detained. law? Discretion must be recognized, but it also must be
The juvenile caregiver must be familiar with law. confined, structured, and checked.
First, the detention center is a component of the legal
system and is governed itself by law. Laws provide the Controlling Discretion
basic rules that define and authorize staff behavior in The most effective way to ensure the appropriate
relation to the juvenile. Second, all of the minors who exercise of discretion is:
find themselves in detention are in the system because • Hiring the best possible people who have been
of alleged violations of the law. The legal system is trained and who accept the philosophy of the
about to make a decision that will have some impact on juvenile justice system.
the lives of these minors. Detention staff often are in a
• Developing policies and guidelines that
position to explain the system to the youth. Further-
authorize discretion, identify who may exercise
more, detention staff have a voice and an obligation to
discretion and when it may be exercised, and
participate in that decisionmaking process. Each
establish criteria and standards for exercising
juvenile caregiver must learn as much as possible about
discretion.
the law. Because some people comprehend legal issues
better than others, those staff and supervisors who are • Having a personnel system that allows for
interested in law should be identified and contacted consultation and for monitoring and review of
whenever legal questions arise. decisions. Procedures such as writing up
unusual incident reports and obtaining a
supervisor’s permission are informal means of
Law and Discretion structuring and checking discretion.
In many ways, the various stages of the juvenile
Law is often viewed as the opposite of discretion. justice system provide checks upon the discretion of
Yet, the juvenile justice system vests vast amounts of others in the system. The discretion of the police is
discretion in the various participants of the system. checked by the intake screening aspect of juvenile
Police, probation officers, and judges all have a great detention, and the juvenile court checks the discretion
deal of discretion in deciding which cases will be of both at a detention hearing.
brought into the system and which manner will be used The purpose of this chapter is to give you, the new
to handle them. juvenile detention caregiver, information about the law
Detention also requires a great deal of discretion. so that you can do your job better. This information will
Detention intake staff in many communities are help you identify the discretion you have and the limits
authorized to determine who is held and who is released of that discretion. One way to understand the law is to
from detention. When youth are placed in detention, view it as a set of rules that confines, structures, and
staff have a voice in establishing the nature of program- checks the behavior of individuals. The law establishes
ming and security needed for each youth. rights, responsibilities, and the means to enforce them.

19
Your job is valuable to the legal system, and at the very directly to the internal operations of a detention center.
least, a limited knowledge of the law is essential. Obviously, it does not deal with those aspects of the
Law may be defined as the rules that govern a juvenile justice system that are outside the control of
person’s behavior and decisions. Figure 1 is a list of the detention. Furthermore, no manual can be complete, no
major sources of the rules governing detention. The matter how thorough. If a staff member thinks that a
juvenile caregiver should have general familiarity with legal problem exists, he or she should ask senior staff or
the sources of law. Each of the sources will be dis- a supervisor about the problem.
cussed briefly in the section that follows. A more The manual also establishes standards of reason-
detailed description of the Juvenile Court Act and the able staff behavior. In situations concerning the liability
laws governing liability will be given later in this of detention staff, courts often are asked to determine
chapter. whether staff behavior was reasonable under the
circumstances and whether the employee was undertak-
Figure 1: Sources of Law
ing an activity included in his or her job duties. In legal
terms, the question is whether the employee is operat-
(1) Policies and Procedures Manual of the ing within the “course and scope” of employment. The
Detention Center procedures manual is the most important source for
(2) Local Practices of the Juvenile Court answering these questions. To minimize the risk of
liability, detention staff should always follow the book.
(3) State Juvenile Court Act
If a lawsuit is filed and if staff are engaged in author-
(4) State and Federal Laws Relating to ized activities, reasonableness and “good faith”
Delinquency defenses can be raised. Furthermore, many detention
(5) Related Laws, Statutes, and Case Law centers will provide legal counsel and pay any resulting
judgments if the employee was acting in the course and
Although the list includes formal sources of law, scope of employment. A more detailed discussion of
such as statutes, it starts with the local policies and liability issues appears later in this chapter.
procedures manual. Staff should read the institution’s policies and
The local policies and procedures manual is the procedures manual carefully and be trained in standard
most important resource about the concerns of deten- operating procedures. The manual should be reviewed
tion. If your bosses (administrative personnel) are doing and updated periodically to address new developments
their job, the manual should be consistent with the more in terms of legal responsibilities and in terms of good
formal sources of law on the list. A good detention detention practices. All staff should have a voice in the
center must have written policies, and the staff should review process.
take the time to know them. Supervisors should be A detention center without a manual should
available to help staff interpret and follow the policies. develop one as soon as possible. Not having a manual
Furthermore, the policies should be reviewed periodi- does not mean that the center lacks procedures. It only
cally by administrators and staff and revised as needed. means that they are not written down (which makes
establishing what they are more difficult), and staff
Local Detention Policies and members have no clear guidelines to follow or to use
Procedures Manual for training. A center without written policies could
The manual gives detention staff the rules that suffer if a legal dispute arises.
govern their day-to-day activities with youth. It defines Local Practices of the Juvenile Court
who has discretion, provides a structure to exercise that
discretion, and establishes a way to check that discre- Detention staff must be aware of the local legal
tion. Policy manuals are basically authorizations for traditions and culture regarding juvenile detention and
staff to take actions regarding youth and guidelines for the juvenile justice system. Juvenile justice varies from
these actions. For example, policies establishing criteria county to county almost as much as it does from State
for admitting youth to detention illustrate ways to to State. It also varies depending on the philosophy and
confine discretion. Staff case planning meetings and values of the presiding juvenile judge. For example,
reviews of unusual incident reports also are examples of some judges are more willing to use detention, while
methods for checking and structuring discretion. If the others are more supportive of diversion. Local practices
manual is properly written and kept up to date, it should and traditions will have a great impact on the role that
incorporate all of the formal sources of law that relate detention plays in the juvenile justice system. Immense
differences exist in the way detention is administered

20
from county to county. These differences are partic- court act changes might be helpful. A judge, a prose-
ularly obvious in detention systems that are not admin- cuting attorney, or a public defender may serve this
istered by a statewide agency. function. The juvenile court act is continually being
Juvenile practice vests considerable discretion in interpreted by appellate courts, and legislative changes
the various people who make decisions about youth in are common. These changes are available in a law
the system. Juvenile judges have considerable flexibil- library, in an annotated version of the juvenile court act,
ity in the way they decide cases and in their use of or in looseleaf services and journals published for
juvenile court resources. For a variety of reasons, the juvenile justice practitioners. Some method should be
number of appellate cases interpreting juvenile laws is established to keep administrators advised of these
limited, and the likelihood of an appeal from any developments and to revise the procedural manual.
particular case is small. The juvenile judge in many
systems is also the chief administrative officer and, as
State and Federal Statutes Relating to
such, has a voice in the policies developed by proba- Delinquency
tion, detention, and other court resources. Your State may have a Code of Corrections or a
Detention administrators should communicate special statute dealing with detention. The State often
periodically with the juvenile judge and other praction- enacts, by administrative rulemaking, standards and
ers in the juvenile justice system to minimize disagree- guidelines for detention. These guidelines cover topics
ment and conflicts that may arise over the appropriate such as physical space requirements, staffing require-
use of detention. The community should have a ments, and discipline and programming issues. These
consensus about the appropriate role of detention. The standards must be reviewed periodically. Often, some
procedures manual should be revised to reflect this mechanism exists to have detention centers inspected to
consensus and any changes in practice. Staff should be ensure compliance with these standards.
advised about any changes and should be encouraged to The Federal Government has become involved
discuss local juvenile justice practices. with delinquency primarily as a funding source. One
Federal statute directly involved with detention is the
Juvenile Court Act of the State Juvenile Justice and Delinquency Prevention Act
The most important source of law—other than the (JJDPA). This law provides States with funding for
procedures manual and local practice—is the juvenile certain delinquency prevention programs but also
court act. The juvenile court act outlines the process of requires States to create jail removal programs. As a
how a case moves through the system and gives general result, most States have (a) programs to keep nondelin-
guidelines to the various decisionmakers in the juvenile quent youth out of jails, lockups, and adult detention
justice system. A copy of the juvenile court act of the centers and (b) laws regulating the time and conditions
State should be available to staff in each detention under which delinquent youth can be held in local jails.
center, and a general familiarity with its terms and (Generally, delinquent youth should be transferred to
provisions, or at least those sections dealing with detention centers within a short time period.)
detention, should be required of all staff.
Related Statutes
Much of the remainder of this chapter will describe
the typical juvenile court requirements. Because this Numerous other statutes and laws may have an
chapter is written for a national audience, it does not impact on detention. The most important of these is the
address specific requirements, such as time limits and Criminal Code of the State. Most often, youth who find
other issues that exist in each particular State. However, themselves in detention are there because of a violation
most juvenile court acts follow a chronological pattern of the criminal laws. Some familiarity with the ele-
and raise similar issues. Having access to a juvenile ments of the various crimes would be helpful. Further-
court act and reading it in conjunction with these more, youth are in some type of family situation, and
materials will increase your understanding. At the end knowledge of family law and the laws governing
of this chapter is a list of questions that should be education and social welfare programs may be neces-
answered using the juvenile court act of your State. sary. Finally, the laws of negligence and liability should
Some detention administrators and staff should be considered. A brief overview of the liability laws
have more extensive training on juvenile court practices will be given later in this chapter. It is obviously
and procedures. A few staff members who find law impossible to become an expert on all of these laws, but
interesting can serve as resources for the rest of the some method should be found to keep staff current on
staff. Retaining an attorney or paralegal who can keep major developments in the law. Staff also should be
detention administrators and staff apprised of juvenile aware of the type of legal questions that may arise in

21
any particular situation and should discuss these issues “due process” is derived from the 5th and 14th amend-
with more experienced staff or with supervisors who ments to the Constitution, which prevent state interfer-
may know the answer or will know how to find the ence with life, liberty, or property without the “due
answer to the problem. The most basic advice to new process of law.”
staff is to recognize that the law is a complex subject Persons who view the court in due process terms
and to be willing to ask questions. frequently subscribe to classical “free-will” philosophy
and believe that individuals make choices in life. One
choice they make is to engage in criminal conduct. The
Juvenile Court Act purpose of a criminal justice system is to punish
wrongdoers so that they will be deterred from criminal
Each State has adopted a juvenile court act. The activities. The creation of the juvenile justice system is
juvenile court act of the State should be available and based on the belief that young people do not have the
examined. The juvenile court acts of most States follow maturity and judgment to make sound choices. Conse-
a chronological pattern that outlines the process from quently, they should not be held fully accountable for
the earliest police contact to posttrial review. Most their actions. Lawyers and law enforcement officers
State juvenile court acts allow for an alternative to the often approach juvenile justice from this perspective.
adversary process model of the criminal justice system.
Parens Patriae Model. The parens patriae model is
The materials that follow review the history and
based on a different philosophy. The court in the parens
philosophy of juvenile justice and describe those
patriae model is viewed more as a benevolent
procedures of juvenile law that govern detention.
gatekeeper determining what needs exist and providing
Juvenile Court Philosophy social services to children and their families. The court
makes an investigation to determine if intervention is
Two basic models of juvenile justice exist—the due
necessary and often administers the services in the form
process model and the parens patriae model. Figure 2
of probation or detention. The fact that the minor does
illustrates these two concepts. The major differences
not perceive these services as helpful is deemed
between the two are the roles of the court and the judge.
irrelevant because as guardian of children, the court is
Although these two models are frequently viewed as
acting in the best interest of the child and society.
opposites, in reality most juvenile justice practitioners
have developed a philosophy that incorporates elements The phrase parens patriae is Latin for “parent the
of both models. king.” It is based on the medieval doctrine that the
king—in modern terms, the state or government—has
Figure 2: Basic Models of Juvenile Justice the duty to protect children and become the guardian of
children and other less fully competent individuals. To
Due Process Model Parens Patriae Model this day, minors who are adjudicated as delinquents in
Traditional Court Model: Monarchical Court Model: juvenile court are referred to as wards of the court in
Court perceives good and many States.
Court intervenes only for
good reasons (e.g., the bad and provides services Persons who subscribe to the parens patriae
commission of a crime) accordingly (e.g., the pro- model often approach juvenile justice from a philo-
vision of social services) sophical position of determinism. They see the child
as controlled by the environment and often stress the
underlying causes of crime, such as poverty, lack of
Due Process Model. The due process model is the family support, or poor educational opportunities.
traditional model of the court in this country. It is based They believe that children not only have rights, but
on the premise that individuals, including children, have needs, such as protection, which enable the child to
a right to liberty. They have the right to act freely with- develop into a sound and secure adult citizen. The
out state intervention. The state may intervene in a goal of the juvenile justice system is to give minors
person’s life only if it can show valid reason. The the opportunity, guidance, and services necessary to
commission of a criminal offense, if proven, is one such allow the maturation and developmental processes to
reason. Consistent with theories of adversarial justice, function. Social workers and others in the helping
the court stands as a neutral arbitrator between the state professions often approach juvenile justice from the
and the child or family, demanding that the state prove parens patriae model.
at a hearing that intervention is necessary. The term

22
Balancing the Role of the Court Juvenile Court History
The original juvenile court attempted to balance
these two views of its role. However, the balance The history of juvenile justice has many rich and
switched heavily toward the parens patriae model by important aspects that are beyond the scope of this short
the 1950’s, and the focus of the court was on providing chapter. This chapter will focus on two important
services and helping youth. The juvenile court literature events—the creation of the first juvenile court in 1899
even spoke in terms of trading rights for care. Unfortu- and the Gault decision of the United States Supreme
nately, the services have never been given sufficient Court in 1967. These events represent important turning
funds. Rather than receiving the best of both worlds, points in the legal development of juvenile law. A more
youth were receiving the worst—neither the services extensive article in the Desktop Guide to Good Juvenile
nor the rights. This emphasis on services without Probation Practice (National Center for Juvenile
requiring a neutral decisionmaker to review the case Justice, 1991) describes juvenile justice history in
ultimately brought discredit upon an extreme parens greater detail.
patriae model. Goals of the Juvenile Court Act
Today, as a result of several Supreme Court cases
Why are the juvenile court act and the reforms
and renewed interest in children’s rights, the due
contained in that Act considered to be milestones in
process model has been brought into balance. Modern
legal history? Is the juvenile court act still needed
juvenile court acts once again blend the due process
today? Ironically, many respected critics of juvenile
model with the parens patriae model. The most
justice argue that a juvenile court act is no longer
important element of this blending is the separation of
needed. In order to answer both questions, it is neces-
adjudication and the dispositional hearing. Prior to an
sary to examine the basic goals of juvenile justice and
adjudication and a determination of delinquency, the
to ask whether those goals are still important today. The
youth is entitled to the safeguards of the due process
basic goals of juvenile justice are set out in figure 3.
model. After a finding of delinquency, court procedures
tend to be less formal, and parens patriae thinking is Figure 3: Goals of Juvenile Justice
more prevalent.
Because the greatest use of detention is prior to (1) Separation From Adults
adjudication, the due process rights of the minor must (2) Youth Confidentiality
be given priority. However, this division between
(3) Community-Based Corrections
adjudication and disposition is not absolute. Many
young people are diverted from the juvenile justice (4) Individualized Justice of Minors
system and receive informal dispositions, such as
station-house adjustments. Because they are voluntary, Separation From Adults. Separation is clearly the
these informal programs eliminate the need for a due most important goal of the juvenile justice system.
process hearing. Likewise, dispositional hearings and Reformers argued that children and families needed
hearings held after disposition are not without some (a) a different form of justice, (b) separate courtrooms,
aspects of due process. (c) separate detention centers and institutions to avoid
Placing a youth in detention prior to adjudication corruption of juveniles by adult criminals, and
is designed to hold that youth for an adjudication, not (d) separate sentencing guidelines to avoid the harsh
for punishment. Because no due process hearing has penalties of adult sentencing. However, the most
been held, punishment is inappropriate. Due process important aspect of separation may have been the
also requires a hearing to determine if placing a youth development of a separate group of professionals,
in detention while awaiting adjudication is necessary. judges, probation officers, and detention staff dedicated
At a detention hearing, the state has the burden of to working with youth and their families. These
introducing evidence to establish the need for deten- individuals undertook separate and specialized training
tion. This detention hearing must comply with due to understand the needs of families and to develop a
process standards and must be held on relatively short separate procedure for dealing with young people, a
notice. More information on the rights of a minor at a procedure that reduced the adversarial aspects of court
detention hearing will be given in the section on processes and emphasized informality and diversion.
juvenile court procedures. Youth Confidentiality. Confidentiality of court
proceedings and services for youth was the second goal
of the juvenile court reformers. Juvenile court acts

23
emphasize confidentiality because it reinforces the include status offenders and truants under the theory
theory that youth will mature beyond a criminal that delinquency could be prevented by dealing with
lifestyle if given proper guidance and alternatives. This predelinquent behavior. Also, professionals with
emphasis on confidentiality is consistent with both backgrounds in social work and psychology, rather than
classical free-will theories of human behavior and more law, began to play a larger role in the courts’ decisions.
deterministic developmental theories. Because of their The period from the 1920’s through the mid-1960’s is
immaturity, youth lack sound judgment and should not often referred to in juvenile court literature as the
be held fully accountable. Consequently, no criminal period of “the sociological court.” During this period,
record should hinder adult advancement. From a the parens patriae model was clearly in the forefront
developmental standpoint, confidentiality minimizes with an emphasis on diagnosis and treatment of
stigma and labeling, thereby reducing the likelihood criminal behavior.
that the young person will perceive himself as a
criminal. Maintaining a positive self-image is important Supreme Court Decisions Affecting
to success in the future. Detention
Community-Based Corrections. A community During the 1950’s and 1960’s, criticism of the
corrections system was the third goal of the reformers. juvenile court increased. While juvenile court practition-
They strongly believed that young people should learn ers could talk about trading rights for protection,
and grow in their own communities. The juvenile court juvenile courts were not funded adequately enough to
act was promoted by Jane Addams, who was active in deliver certain services, and minorities and the poor
the Settlement House Movement which (a) helped were disproportionally represented in caseloads.
individuals adjust to life in their own neighborhoods, Concerns were being raised about whether the juvenile
(b) provided education and training for persons in the court was delivering a second-class form of justice. As
neighborhood, and (c) advocated changes that would the Supreme Court stated in Kent v. United States, 383
improve the quality of life in the community. Offering U.S. 541, 86 S.Ct. 1045, 16 L.Ed. 84 (1966) (the first
probation as a method for monitoring youth behavior in juvenile case decided by the Court):
the community, while providing services that allowed There is evidence, in fact, that there may be
the youth to grow to adulthood, was seen as the primary grounds for concern that the child receives the
dispositional alternative. The probation order would worst of both worlds; that he gets neither the
contain provisions requiring education, training, and protection accorded to adults nor the solicitous
counseling, in addition to restricting certain forms of care and regenerative treatment postulated for
behavior. children.
Individualized Justice for Minors. Finally, the
The Gault Decision. In this atmosphere, the
reformers advocated individualized justice. Each case
Supreme Court decided the landmark case of In Re
was to be viewed separately. A social history that
Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed. 527(1967).
explored the total social circumstances of the youth and
In this case, the Court ruled that a minor in juvenile
his or her family was to be prepared, and a casework
court is entitled to many of the rights that an adult
plan that encouraged appropriate development and
would have. In subsequent years, State and Federal
reduced future criminality was developed. Indetermi-
courts ruled that minors have a constitutional right to
nate sentences—that is, open-ended commitments in
proof beyond a reasonable doubt, protection from
which being released to home depended on behavioral
double jeopardy, Miranda warnings, and virtually all
change and not the amount of time served—were also
rights found in adult criminal justice, except the rights
advocated. Probation staff were to look into the social
to a jury and bail. In some States, even bail and juries
situation early in the process and were to be involved in
are provided for juveniles in certain circumstances. The
the decision to file a case. Whenever possible, the case
chapter on the legal rights of juvenile offenders in the
would not be filed, and an informal outcome would be
Desktop Guide to Good Juvenile Probation Practice
encouraged.
(National Center for Juvenile Justice, 1991) contains
The original juvenile court act was concerned with summaries of the major court cases involving juvenile
due process because the reforms were attempting to justice. Persons interested in a complete review of the
create a specialized court of law, not a social service constitutional limitations of juvenile justice should read
agency. However, as the years passed, greater emphasis all the cases thoroughly.
was placed on social history, treatment, intervention,
The Gault case and case of Schall v. Martin, 467
and informality than on proven criminal behavior and
U.S. 253, 104 S.Ct. 2403, 81 L.Ed. 207(1984), are two
due process. The court’s jurisdiction expanded to
Supreme Court cases that are so important to the

24
understanding of juvenile justice and the role of Obviously, young people are different from older
detention that an extensive analysis is justified. Gerald people. They are at a different developmental stage of
Gault was a 16-year-old youth who had been placed on life. They are immature and often dependent on their
probation for burglary. Subsequently, he made what the families for care and custody. It makes sense to treat
court characterized as an obscene telephone call to a them differently. When it stops making sense to treat
neighbor. Following his arrest and detention, an adults and juveniles differently, the idea of a separate
adjudication was held. Neither he nor his parents were juvenile court should be abandoned.
told when the hearing was to be held until shortly The Case of Schall v. Martin. Schall v. Martin is
before the hearing began. No lawyer represented him, the only detention case ever to be decided by the
and no witnesses appeared at the hearing other than his Supreme Court. This case involved the question of
probation officer, who reported to the court that Gerald whether detention practices in New York City violated
had made an obscene telephone call and that his due process rights. Under New York law, a youth
behavior warranted a more structured setting. Relying charged with a delinquency may be held for 72 hours if
on this recommendation and the hearsay evidence detention intake staff find that it is in the interests of the
submitted, the court committed Gerald to the Arizona minor and society that he or she be held. This period of
Department of Corrections for an indeterminate stay in detention can be expanded in certain circumstances for
a youth correctional institution. an additional 72 hours, before a judicial hearing has to
The Supreme Court ruled that “The Constitution is be held establishing probable cause that the minor has
not for adults alone” and reversed the conviction. The committed an offense. This potential 6-day time period
Court determined that the hearing did not meet due prior to a court hearing was challenged. In most States,
process standards. The lack of an attorney, the failure to the time limit before there must be a hearing is much
give prior notice of the hearing to allow for time to shorter. In Illinois, for example, the hearing must be
prepare a defense, the failure to present witnesses, and held within 36 hours of the minor being taken into
the lack of opportunity to cross-examine witnesses were custody. Most States have time limits ranging from
listed as necessary due process safeguards that were 24 to 48 hours.
missing at Gault’s hearing. This case and the due The Court ruled that the longer timeframe used in
process cases that followed led to profound changes in New York did not violate a youth’s due process rights.
juvenile court practices. First, attorneys would be The Court felt that the State had the obligation to
required at all significant stages of the court process, protect the child. The Court stated:
including detention hearings. Second, most juvenile
The Constitution does not mandate the
court acts were amended after the decision to provide
elimination of all differences in the treatment
for separate adjudication and dispositional hearings.
of juveniles. ... The state has an interest in
This separation allowed juvenile courts to proceed to a
preserving and protecting the welfare of the
disposition in the best interest of the child, but only
child. ... Juveniles unlike adults are always in
after a hearing that provided full due process protection.
some form of custody. They are assumed to be
Although the Gault case gave due process protec- under the control of their parents and if
tion to youth, it did not explicitly reject the parens parental control fails the state must play its
patriae model of juvenile justice. It required a hearing part as parens patriae.
in which rights are protected prior to intervention,
regardless of whether the motive for intervention is to This emphasis on parens patriae should not
punish or to help. The State, consistent with the due necessarily be viewed as a defeat for the child advocate
process model of juvenile justice, must prove before an interested in expanding the rights of minors. The Court
impartial judge that a crime has occurred before any clearly stated that detention is not a jail and that special
dispositions may be ordered. However, Gault is not an facilities and programming must be provided for youth.
equal protection case. The Court did not say that adults Without these special provisions for youth, the Court
and juveniles must be treated equally. If the Court had might have ruled otherwise. Although the Constitution
reached that conclusion, the basis for a separate court may allow States to adopt a relatively long period of
would have been undermined. The Court ruled that time prior to a detention hearing, most States have
juveniles are entitled to many of the same procedural much shorter time requirements. The law of the State in
safeguards that an adult would receive in the which the detention center is located governs this length
decisionmaking process. If these due process concerns of time.
are met, the State can maintain a separate juvenile court
process for dealing with youth.

25
Present and Future welfare foster care facilities or nonsecure institutions or
in specialized programs such as runaway centers. Most
Currently, doubt exists about whether the juvenile States have adopted jail removal programs, and nonde-
court should continue. The juvenile court is under linquent youth are placed in detention only under very
attack from both the political left and right. Liberals limited exceptions. Before admitting any youth not
dislike the informal nature of juvenile court proceed- charged with a criminal offense, staff would be well
ings, the overrepresentation of minorities, and the advised to review the procedures manual carefully and
tendency of some juvenile courts to waive jurisdiction to check with supervisory personnel.
of predelinquent youth. Reforms, such as the narrowing
of the court’s jurisdiction over status offenders and a Underlying Principles of the
renewed emphasis on diversion, have been part of the Juvenile Court
liberal agenda. On the other hand, conservatives believe Most juvenile court acts contain three underlying
that the court is too soft on crime. They have promoted principles: (a) the presumption of innocence, (b) the
laws that increase the number of crimes outside the presumption of the least amount of involvement with
juvenile court jurisdiction and lower the age of criminal the system, and (c) the presumption of the best interest
accountability. of the minor. The decisionmaker—whether the police
Is the Juvenile Court Still Needed? Some would deciding to take a minor into custody, an intake worker
argue that adult court procedures with different deciding to detain a child, or a juvenile court judge
sentencing provisions are all that is necessary. To presiding at a hearing—must consider these three
determine the validity of juvenile court, one needs to principles. The existence of principles instructs a
review the reasons for creating a juvenile court. Is a decisionmaker to rule in favor of the principles, unless
separate, confidential process that emphasizes commu- evidence exists to the contrary. The amount of evidence
nity corrections and individualized justice necessary? may vary depending on the decisionmaker. Although
Is a process that balances due process rights and police or detention intake may hold a minor if reason-
community protection with the needs of the minor able or probable cause exists to believe that the minor
necessary? Is a process that holds youth accountable to has committed an offense, a judge at an adjudication
the extent of their competency but also allows the must be satisfied beyond a reasonable doubt that an
youth to mature and develop within their own commu- offense has been committed.
nity necessary? Are adults and youth equal? The Presumption of Innocence. The presumption of
positions taken in this manual are that separate innocence is one of the hallmarks of our criminal
facilities and procedures are needed. justice system. It places the burden on the state to prove
that the accused has committed an offense. The state
Juvenile Court Procedures cannot force accused persons to testify against them-
The juvenile court act is the primary source of law selves, cannot use illegally seized evidence, and must
for the State. Most juvenile court acts are arranged in use a process consistent with due process standards to
chronological order by the activities that may occur as a establish guilt.
case proceeds through the system. Each section of the Least Restrictive Alternative. The principle of
act generally describes an activity, such as filing a least involvement assumes that minors, like adults, have
petition or setting the date for a detention hearing; liberty interests that include the right to be left alone or
identifies the appropriate decisionmaker; and provides the right to live in a family situation without state
guidelines for the decisionmaker. interference. The state has the burden of showing that
intervention is necessary for the protection of either the
Decisionmaking and the Juvenile Code
minor or society. Sometimes this presumption is
Many juvenile court acts are further divided by the described as a presumption of the “least restrictive
type of case brought before the court. Most juvenile alternative.” Diversion should be considered before a
court acts have a delinquent category for crimes, a formal petition is filed and probation before commit-
neglect and dependency category for children who are ment to an institution. When the continuum of services
not receiving appropriate care, and a category for available to the juvenile court is narrowly defined as
noncriminal misbehavior (truant or runaway youth) and detention or probation, the least restrictive alternative
status offenders. A status offense is one involving may be secure detention as opposed to a more appropri-
activities that would not be criminal if engaged in by an ate, but nonexistent, nonsecure placement. In the
adult. In most States, only delinquent minors are placed detention situation, many codes require that a child not
in detention. Nondelinquent youth are housed in child be held unless a probable cause exists to believe that a

26
minor has committed a crime and unless an immediate of a serious nature), or (c) reason exists to believe the
and urgent necessity exists to admit the child. In some youth would not appear for the court hearing if re-
instances, detention intake workers may be authorized leased. Many codes contain a specific prohibition on
to release a child, even if he or she has committed an housing status offenders and other nondelinquent
offense, if no need to detain exists. Intake policy should minors. Often, limitations exist on the length and
be carefully written to reflect the laws of the State and conditions under which a minor may be held in local
local practices. jails or lockups prior to transfer to the detention center.
Best Interest of the Child. The primary purpose of Specific policies may exist on housing minors who are
juvenile justice is to operate in the best interest of the beyond the age of juvenile jurisdiction or who have
child. The interest of the child must be balanced against been transferred to adult court. Staff should be aware of
the interests of society. These two interests must be these age and offense requirements.
considered together, and often no true conflict between Most codes give detention intake some discretion
the two exists. Society benefits by programs that help on who will be held. This discretion only exists if the
minors mature into law-abiding citizens, and children youth is brought to the center without a warrant. If a
benefit by being held accountable and developing warrant or judicial order requiring that the youth be
responsibility. In many ways, the goal of operating in held has been issued, generally this order must be
the best interest of the child reinforces the presumption followed until the court is allowed to rule on the matter.
of innocence and the presumption of least involvement. Most codes require that parents or other responsible
Both of these presumptions support the belief that adults be contacted and notified. Some States authorize
children are best off when they are developing without bond for some offenses. In those States, some process
government coercion in family situations—a situation must be established to collect and account for the bond.
that, in most instances, is in the best interest of children. Intake is a complex and serious matter that should
be implemented under the guidance of experienced and
Detention Before Adjudication trained individuals. Many detention centers have
The primary function of detention from a legal developed intake criteria that require detention for
system perspective is to provide temporary custody serious offenders and repeat offenders. Often, criteria
while a youth is awaiting adjudication in juvenile court. establish who a responsible adult is, who may receive
Most juvenile court acts have fairly specific require- released offenders, and whether minors may be released
ments about who can be detained; require a judicial on their own. Intake not only has liability risks, but it
detention hearing within a short time following admis- places intake staff in the position of checking the
sion to detention; and limit the length of detention by discretion of police and other juvenile practitioners,
requiring an adjudication and a disposition hearing which can lead to friction and conflict within the system.
within a short period of time. Detention staff should be If the decision is to detain a minor, procedures for
thoroughly familiar with these aspects of the juvenile admitting the youth into the facility must exist, includ-
court act and with the sections of the procedures ing procedures for searching and health screening. Also,
manual that give additional guidelines to staff. Those legal paperwork must be filed, and a detention hearing
portions of the juvenile court act relating specifically to must be established. Parents, guardians, and other
detention should be read by all staff, and an inservice responsible adults must be notified of the time and
training session should be provided to clarify questions place for the hearing. Although the responsibility for
and issues that may arise. To assist learning, study undertaking these activities may fall on law enforce-
questions that raise issues of importance for detention ment or court personnel, the process must ensure that
follow this chapter. These questions should be answered someone in the system undertakes these activities. A
using the juvenile court act of the State. detention hearing is required in a reasonably short time
Decisions To Detain. Under most codes, only (e.g., 24 to 48 hours after a minor has been taken into
persons charged with criminal offenses may be placed custody). The time may be extended for weekends and
in detention. Often, minimum age requirements exist. holidays.
Detention intake staff are often given the authority to Detention Hearing. At a detention hearing, the
exercise their discretion when deciding whether State must prove reasonable cause for believing that a
detention is required. There must be a determination minor has committed an offense and that detention is
that detention is necessary because reason exists to necessary. At a detention hearing, detained juveniles are
believe the minor has committed a criminal offense and entitled to counsel, and an attorney will be appointed
that (a) detention is in the best interest of the youth, for indigent youth. If no lawyer is available, the hearing
(b) detention protects society (i.e., the alleged offense is can be continued or will be reheard when the attorney is

27
present. The court may base its decision on hearsay Transfers
evidence. Evidence establishing why detention was Most juvenile court acts provide a mechanism to
necessary and what other alternatives to detention were transfer (waive or bind over) serious and repeat offend-
considered may be necessary. ers to adult criminal court. In recent years, a trend has
Adjudication Hearing. A hearing should be set for started toward lowering the age at which minors can be
an adjudication. Most juvenile court acts require this tried in adult court (so-called automatic transfers).
hearing within 10 to 30 days. The hearing date can be Often, youth tried as adults are detained in juvenile
delayed with permission of the court for an additional detention centers. Because of their experience and age,
time period, but this period should not be long. Juvenile these youth may provide difficulties for the detention
justice should proceed quickly, and the time in pread- staff. Also, they probably will be held in detention for a
judication should be short if the process is working longer period of time. One example of the negative
correctly. Juvenile justice is generally much quicker than impact of automatic transfers on a detention center
the adult criminal system. However, there are two major operation is the Cook County Temporary Juvenile
reasons for delay. The first reason is the need to notify Detention Center (Cosgrove, 1985; Jordan 1985; and
parents, and the second reason is a continuance granted at Roush, 1993). Many juvenile court acts have proce-
the requests of counsel and prosecution. Detention dures to transfer these youth under certain circum-
centers should have some procedure to track the length of stances. Staff should be aware of guidelines with regard
stay and to periodically notify legal authorities of the to these youth.
status of youth in detention.
Under many juvenile court acts, a court hearing Detention After Adjudication
cannot proceed unless parents, guardians, or other After adjudication, the juvenile court may use the
responsible adults are given notice, served with a detention center as a temporary placement while
summons, or are otherwise present at the court hearing. awaiting a final dispositional order. Often, youth who
These provisions usually do not cause delays if all are already wards of the court are detained for subse-
necessary parties are living in the community and their quent offenses or violations of a court order, or the
whereabouts are known. If they cannot be located, then youth may be placed in detention as a dispositional
they must be served by mail or publication. Service by alternative. Frequently, a period of time passes between
publication consists of running an advertisement (legal adjudication and dispositional hearing. This time period
notice telling persons when and where a hearing is). allows probation staff and others interested in the youth
However, running an advertisement jeopardizes to complete a social history and to make dispositional
confidentiality and should be avoided if possible. recommendations. Many jurisdictions include informa-
Detention and probation staff investigating cases must tion from the detention staff in the dispositional reports.
determine who the parents are and where they are After all, if the youth has been in detention, the contact
located. Someone usually knows where a person may hours and the opportunities to observe are immense. In
be found, eliminating the need for publication, which is fact, one of the original justifications for detention was
costly and time consuming. for diagnostic purposes—an idea that is at odds with the
Continuance by defense counsel is the other major emphasis on due process.
cause of delay. In most instances, youth are represented Although less frequent than delays in the adjudica-
by public defender offices and other publicly financed tory process, the dispositional hearing may be contin-
sources of legal representation. These resources are ued. A process for notifying the court of minors who
understaffed and have huge caseloads. Unfortunately, have been detained for extensive periods of time
some do not consider juvenile justice a priority. Some- awaiting a dispositional hearing should be implemented
times delay is used as a plea bargaining strategy. If the in each detention unit.
youth has done considerable time in the detention center, Many times, youth already on probation are placed
attorneys, particularly those accustomed to adult criminal in detention for a subsequent offense or a violation of
justice practices and values, are willing to consider probation. Many juvenile court acts have separate
releasing the minor on probation or for time served. requirements and time schedules for proceeding with
However, juvenile detention facilities are not equipped the case of a ward of the court. One of the reasons for
for lengthy stays. Therefore, in the interests of detention placing a nondelinquent youth in detention is violation
staff and detained youth, the court should be reminded of a valid court order. In some instances, probationers
constantly of minors who are still awaiting hearing. have been placed in detention and released as a “shock”
sentencing program. Unless shock sentencing is done
under a court order, it most likely violates due process

28
and should be eliminated. Departmental policy about Liability is a complex matter that cannot be fully
using detention for those already under the jurisdiction addressed in a short introduction to detention, but it is
of the court should be reviewed. important not only because the risk of a lawsuit exists,
Increasingly, detention is being used as a disposi- but because it emphasizes the responsibilities of staff
tional alternative. Some States allow for short terms in toward minors who are in detention centers. If someone
detention as an outcome. Other States use short stays as has rights, then someone else has the responsibility to
a shock sentence followed by a term of probation. In protect those rights.
some jurisdictions, courts are given the option of What follows is a brief introduction to some of the
committing to detention but staying the detention order emerging liability issues. Although Federal lawsuits
as long as the youth does well on probation. This latter may have a degree of uniformity, each State and some
practice also may violate due process if there is no court localities have developed different approaches to
order prior to implementation of the commitment. Most liability. Staff should not discuss liability issues
juvenile practitioners oppose the use of detention as a exclusively from the perspective of avoiding lawsuits
dispositional alternative, because most centers are not but from the perspective of established policies that
set up to administer such a program. reduce wrongs to children, meet legal standards, and
maintain security needs. If these criteria are met,
liability questions will be reduced.
Liability Issues
Purpose of Liability
One of the major issues currently facing detention Liability is one method that the legal system uses
and individuals employed by detention centers is the to hold detention centers and other public and private
threat of lawsuits for money damages. In recent years, organizations accountable. Liability is imposed to instill
an increasing number of lawsuits have been heard in appropriate behavior and to discourage or deter
State and Federal courts. Lawsuits can be brought wrongful behavior. It is also designed to compensate
against the center, but they are often filed in the name injured individuals for their losses. Other methods can
of an individual employee. Risks of individual lawsuits be used to hold persons accountable, such as criminal
are particularly troubling because most individuals do prosecutions brought against staff who violate criminal
not have the money to pay for the judgments. Fortu- laws as well as personnel policies and disciplinary
nately, a lawsuit resulting in a judgment that is to be actions. Grievance procedures may eliminate the need
paid by an individual will likely be small if (a) that for lawsuits. If a detention center has adopted other
individual was merely fulfilling required job duties and methods of monitoring its behavior, then the risk of a
(b) he or she did not intentionally try to harm someone. lawsuit will be greatly reduced.
Lawsuits have increased in the past 20 years Managing Liability. Rather than viewing liability
because more people have recognized that children in negative terms and living with the constant fear of
have rights and that governments, like private individu- being sued, staff should approach liability as a risk that
als, are responsible for their wrongs. Until 20 years ago, can be controlled and managed. Often, the fear of
the prevailing attitude was that persons who found lawsuits can cause staff to be reluctant about undertak-
themselves in a correctional institution, particularly ing activities because of the common belief that “If I do
following a sentence, had no rights. This attitude has that, I will be sued.” In reality, the failure to undertake
changed. Children and prisoners have rights, as the some action can lead to a lawsuit just as quickly as
article by James Bell (1992) describes. Also, the undertaking an action. In risk management terms, risks
prevailing theory held that governmental entities should must be identified, reduced where possible, avoided in
be immune from liability suits. This theory has been some instances, and transferred in others. Because all
weakened. The net result is that children who find risks cannot be reduced, individual liability ultimately
themselves in detention centers have the ability to sue must be insured. Most States protect individuals from
and that these suits will not be dismissed automatically. lawsuits or agree to indemnify them for loss if the
Also, some attorneys now specialize in protecting employees are acting in good faith and in the course
children’s rights and civil rights. Fees can be obtained and scope of employment.
from individuals, and in many instances, courts provide Good Faith. Basically, staff can know they are
for attorney fees even if no damages are awarded to acting in good faith and in the course and scope of
encourage suits. Often, public officials obtain a court employment by following the policies and procedures
order requiring a certain activity to stop and ordering manual. The manual may not provide an absolute
attorney fees. defense because situations may arise when the policies

29
do not correspond with what a court thinks is reason- policies will avoid many injuries. However, even in the
able and constitutional. However, in the case of a well- best run institutions, accidents happen, and persons
managed facility, these instances should be extremely are injured. A process of preparing unusual incident
rare. Most likely, upper level management will be reports is essential. Staff should document what they
responsible. In most cases, line staff will be able to use did, and this documentation often will establish that
“just follow policy” as a defense. they were not careless and that they were acting
reasonably or in good faith. Staff should be instructed
Risk Management in steps to follow after an injury. Medical care should
The first step in a good risk management program be provided. A process to mitigate or reduce the harm
is to identify risk areas. The second step is to reduce the will reduce monetary damages. Witnesses should be
risk by adopting policies and training staff. Avoiding identified, and outside investigations may be appropri-
risk may be another possibility to consider. Pool tables ate. Reports may have to be filed with insurance
are rarely found in detention centers because they are providers and with legal resources.
just too risky. Risk may also be transferred. The Several activities that occur in detention should be
sheriff’s department, rather than detention staff, should reviewed regularly, and these activities justify careful
transport youth. If none of these steps can be enacted, consideration and training from a risk management
the center should make every effort to ensure that the standpoint. Some of the major issues are listed below:
governmental agency, State or local, will stand behind
• Intake screening and release.
an individual who is sued while carrying out a policy,
and the agency should provide legal counsel and money • Medical and health care.
to pay any claims that are made. • Programmatic injuries.
Section 1983. Liability arises from State or Federal • Security, searches, and discipline.
law. Under State law, the issue is usually brought as a • Communications, visitors, and mail.
tort claiming either negligence or intention. Under
• Confidentiality.
Federal law, the suit is usually brought under a violation
of one of the civil rights laws. Often, the suits are filed In each area, the policy developed to reduce staff
under section 1983 of Chapter 42 of the United States liability should be reviewed to identify risk and manage
Code and are known as 1983 actions that “prohibit an the reporting mechanisms.
individual who, acting under State law authority, from At intake, staff should be aware of the juvenile’s
knowingly or intentionally violating the civil rights of right to have a due process hearing before or shortly
an individual.” Detention center employees, who are after the loss of liberty. Time limits for holding hearings
also employees of government, may be responsible for must be met, and the purpose of detention at these early
these actions. In either instance, three elements must be stages is only to provide secure custody while awaiting
met. First, a duty owing must exist. Second, a violation further decisions. In releasing a youth, the staff should
of that duty must have occurred, and third, harm must take precautions to ensure that the youth is being
have been done. Many States have reduced the risk of released to a responsible adult, and staff should alert the
liability by specifically granting immunity for certain juvenile court about the release if a strong possibility
activities and by saying that no liability occurred unless exists that the youth will injure himself or herself or
the duty of care was violated in a grossly negligent or others.
willful and wanton manner. All activities involve risks, but doing nothing also
States may be able to grant immunity for certain has a risk. Each activity should be reviewed, and
activities in State courts, but they cannot control the policies should be developed that (a) establish reason-
Federal courts. However, immunity has been developed able guidelines for each activity and (b) manage the
under this section for good faith. A person who in good reporting mechanisms that document injuries, which
faith carries out a reasonable public policy will be will inevitably occur even in the best of circumstances.
granted immunity. The governmental entity will not be If an injury does occur, staff will be in a better position
able to use this good faith defense, but the individual to use a reasonableness or good faith defense.
employee will not have to pay damages. Security is an essential aspect of a detention center,
Reviewing Policies and Procedures. A final but it must be undertaken in a manner that recognizes
policy that will reduce the risk of liability is one that the rights of the youth. Searches must be for the
encourages staff to participate in the development of a purpose of security, not punishment. They must not be
risk management plan. Openly reviewing procedures excessive and must be carried out in a professional
to reduce risk and monitoring compliance with these manner. Many States have policies limiting strip

30
searches and body cavity searches. Searches should be problem should be anticipated, and policies that will
conducted by staff of the same gender as the youth give guidance to both the police and the detention
being searched. Even this precaution can lead to staff should be established prior to the situation.
problems, and some States have statutes that prohibit Liability is a complex issue that can be addressed
body search and same-sex searches. Policies should be only superficially in an introductory manual such as this
established to regulate the manner and time of a search one. Potential risks exist in virtually every activity
and to designate who may conduct a search. undertaken by a detention center. However, by develop-
Discipline must be maintained in a detention setting, ing a risk management strategy and training staff
but it must be for reasonable correctional purposes. When appropriately, a detention center can reduce these risks.
discipline is being used, a process must exist for structur-
ing, controlling, and checking the discretion of the staff
member authorizing the discipline. Conclusion
Security needs do not preclude the youth from
communicating or having contact with visitors. Policies Detention is a key element of the juvenile justice
must allow for reasonable communications consistent system. Persons employed in detention centers are
with correctional needs. Special attention must be given generally working with the most difficult youth in
to communications with attorneys, judges, and other circumstances that are challenging. The need for
legal advocacy organizations. security and routine operating procedures may cause
detention staff to feel institutionalized. The risk of
Confidentiality is another area that needs to be
burnout is high. Staff members need to consider how
considered when designing policies to avoid lawsuits.
long they can maintain a positive attitude when faced
Although staff should not disclose the identity of
with the working conditions. Detention staff who meet
persons in the detention center to the general public, the
this challenge must remember that the very purpose of
fact that a youth is in detention is not a secret. Informa-
detention is to provide a safe, secure, and humane
tion must be shared with parents and responsible
facility for holding youth who are awaiting adjudication
relatives when determining whether to hold or release a
under the juvenile court act.
youth. Furthermore, communication with schools,
social service agencies, and other organizations The activities of detention center staff should be
concerning a youth in detention may be necessary to governed by the simple but straightforward principle of
continue services for the youth and to develop a release “do more good than harm.” Staff should become
plan. Staff should be aware of the circumstances under familiar with the basic laws of the juvenile justice
which information can be shared. system so that they can (a) act in a manner consistent
with the law, (b) explain the system to the youth in the
Another difficult area is the use of confessions or
center, and (c) become advocates for the juvenile justice
admissions of criminal activity by youth in detention.
system within the general public. They must be aware
In most States, statements and confessions made to
of the risks inherent in the system and do everything
staff are admissible as evidence against the youth.
they can to minimize harm to youth in detention by
Policies concerning these admissions should be
finding the appropriate balance between security and
established in each detention center. Furthermore,
freedom for those detained youth. By better understand-
policies should be established governing the ability of
ing the legal system, detention staff will be in a stronger
law enforcement to question the minor who is in
position to accomplish the difficult task of helping to
detention. Generally, police may question, but this
educate and train some of the most challenging mem-
activity sometimes places staff in the awkward
bers of the next generation.
position of advising the youth of his or her legal right
to remain silent. As in other legal risk situations, the

31
For Discussion. . . .

Juvenile Court Act Study Questions


(1) What is the minimum and maximum age at (9) If a youth is detained, when must the
which a youth may be detained? adjudicatory hearing occur?
(2) What categories of youth may be placed in (10) What law governs continuances?
detention? (11) Who is responsible for filing a petition and
(3) What laws authorize police to take youth serving parents with legal summons or other
into custody and govern their activities at a documents?
police station? (12) What is the time limit for detaining a youth
(4) How long may a child be detained at a local awaiting a disposition?
police department or jail? (13) Do detention staff play a role at the disposi-
(5) What authority do detention staff have in tional hearing or in the preparation of the
relation to intake? social history of the child?
(6) How long may a youth be detained prior to a (14) What are the rules governing the use of
detention hearing? detention as a dispositional alternative?
(7) What procedures govern a detention (15) How do staff know they are acting reason-
hearing? ably or in the course and scope of their
(8) Who is required to give notice to parents employment?
regarding a detention hearing?

32
Chapter 3 Defining Juvenile Detention

The National Juvenile Detention • Restricted environment. The nature or degree


of restrictiveness of the environment is gener-
Association (NJDA) ally associated with the traditional classifica-
tions of maximum, medium, or minimum
There are numerous definitions of juvenile deten-
security or custody.
tion, but until recently, no single definition achieved
priority. Without consensus on a definition, juvenile • Community protection. In addition to the
detention had become all things to all segments of the factors listed above, the court has a legitimate
juvenile justice system (Hammergren, 1984). On right to detain juveniles for the purpose of
October 31, 1989, following 3 years of work on the preventing further serious and/or violent
subject, the board of directors of NJDA unanimously delinquent behavior.
adopted the following definition of juvenile detention: • Pending legal action. This theme includes the
Juvenile detention is the temporary and safe time spent awaiting a hearing, disposition, a
custody of juveniles who are accused of placement, or a return to a previous placement.
conduct subject to the jurisdiction of the • Helpful services. Programs are available to
court who require a restricted environment detained juveniles to help resolve a host of
for their own or the community’s protection problems commonly facing detained juveniles.
while pending legal action. Because detention has the potential of creating
a tremendously negative impact on some
Further, juvenile detention provides a wide
juveniles, it is important that programming have
range of helpful services that support the
the depth of services required to meet the needs
juvenile’s physical, emotional, and social
of a wide range of juvenile problems.
development.
• Clinical observation and assessment. Most
Helpful services minimally include: education; juvenile codes specifically refer to this theme as
visitation; communication; counseling; a purpose for detention. The controlled environ-
continuous supervision; medical and health ment of juvenile detention often provides the
care services; nutrition; recreation; and opportunity for intense observation and
reading. assessment to enhance decisionmaking capabili-
Juvenile detention includes or provides for a ties. Competent clinical services are provided
system of clinical observation and assessment by properly credentialed individuals who
that complements the helpful services and coordinate and conduct the observation and
reports findings. assessment process. (This service may be
provided by staff or through contract.)
This definition was developed from the seven The NJDA definition incorporates those program
essential characteristics of juvenile detention identified elements outlined in ACA standards. The collaboration
by the American Correctional Association (ACA) between ACA and NJDA led to a definition statement
Juvenile Detention Committee (Smith, Roush, and grounded in professional agreement.
Kelley, 1990). These themes are defined as follows:
• Temporary custody. Of all the methods of
incarceration within the criminal justice system, Confusion of Function
only juvenile detention stresses its temporary
nature. Detention should be as short as possible. Juvenile detention is a paradox that is difficult to
• Safe custody. This concept implies freedom define. Hughes and Reuterman (1982) explain the
from fear and freedom from harm for both the paradox with exceptional clarity in their second national
juvenile and the community. This definitional survey of juvenile detention. They note that juvenile
theme refers to a safe and humane environment detention is a very important part of the juvenile justice
with programming and staffing to ensure the system. Yet, their survey responses simultaneously
physical and psychological safety of detained indicate that detention is often ignored, criticized, and
juveniles. deprived of the support and assistance available to other

33
juvenile justice agencies. These findings echo the earlier absence of clearly defined standards for detention
comments of Rosemary Sarri (1973), who said that services permitted the use of subjective reasons for
detention is both “significant and ignored.” incarceration, ranging from punishment to protection
(Studies Charge Detention Abuse, 1982). In an analysis
A History of Confusion of detention programs, Carbone (1984) pointed to the
The confusion of function has a long history in lack of a mission statement as the central problem
juvenile detention. When mutually contradictory inhibiting effective detention programs. With no curricu-
definitions generate ambivalence and confusion, lums or training programs required of detention adminis-
detention is at the whim of the individuals or agencies trators, the day-to-day administration of detention is also
that exercise control over it. Cohen (1946) maintained marked by a lack of consistency (Gallas, 1985). The
that a “good” detention program cannot be established absence of uniformity in administrative practice has been
if detention is viewed as a catchall. Hammergren (1984) identified by Norman (1946); more recently by
warned that without clear mission and goals, detention Pappenfort and Young (1980) and Hughes and Reuterman
will become all things to all segments of the juvenile (1982, 1984; Hughes, Reuterman, and McGibany, 1982;
justice system. In some jurisdictions, secure detention is and Reuterman, Hughes, and Love, 1971); and currently
a convenient alternative to the court for a wide range of by Parent et al. (1993).
troubling youth. Schwartz, Fishman, Hatfield, Krisberg,
and Eisikovitz (1986) specifically point to this problem
of confusion as a culprit for the overuse of detention. What Are the Functions of
In an analysis of the administration of juvenile Detention?
detention, Kihm (1981) states that detention management
is “the most difficult job in the juvenile justice system.” Two functions (goals) make up the conflicting parts
The reason for this difficulty stems from “the framework of the juvenile detention paradox. First, detention
of contradictions” within which detention must operate. restrains and inhibits a youth’s freedom or liberty
Although Kihm lists several problems associated with through placement in a locked institution, in a physi-
these contradictions, the importance of his work is its cally restricting environment, or in some other level of
systematic focus on the difficulties created by the absence custody with supervision. This function is called
of a clear definition of detention. The confusion sur- preventive detention. Second, detention is also one of
rounding contradictory definitions is the central problem the services associated with the juvenile court. When
for juvenile detention administrators. detention services include helpful programs for the
diagnosis, remediation, or restoration of the juvenile
Recommendations offender, this function is called therapeutic detention.
The confusion of function ranks even above the Hughes and Reuterman (1980, 1982) addressed this
perennial problems of crowding, the lack of funding, issue in a national survey of detention administrators.
and the lack of personnel. The National Conference Starting from the assumption that a definition of
(1947) recommended the following distinct solutions to juvenile detention should incorporate both functions, an
the confusion of function: ideal definition would place primary emphasis on
• Detention must have a clear definition. custody (preventive detention) and secondary emphasis
• There should be controls on intake in the form on programs and services (therapeutic detention). Their
of guidelines or criteria. findings revealed interesting perceptions of juvenile
detention. One-third of the detention administrators
• There should be cooperation between children’s
agreed with the ideal definition, whereas approximately
agencies to divert youth who do not require
37 percent indicated that custody is the single and
secure detention into alternative programs.
exclusive function of detention. Some detention
• There should be a well-organized network for administrators exclude therapeutic detention as a
transferring youth to the appropriate placement. legitimate function of detention.
The intent of these solutions is to open detention to
those youth who truly need secure, temporary custody. Preventive Detention
Viewed as important for the future of detention over four The earliest studies of juvenile detention identified
decades ago, these solutions are equally relevant today. security and a physically restricting environment as
Despite these straightforward recommendations, the universal characteristics of juvenile detention (Warner,
confusion of function persists. NJDA reported that the 1933). These characteristics are essential to preventive

34
detention. The preventive function is easier to understand listed clinical observation as an important reason for
because it is consistent with the meaning of the word detention. For the court to make an informed decision
“detention.” According to the dictionary, detention means regarding the future of the juvenile, information is
“a keeping in custody or confinement.” Custody means “a needed regarding the juvenile, the home environment,
guarding or keeping safe; care; and protection.” The and peers. Short-term detention has been used as an
implication of preventive detention is that detention is a opportunity to accomplish this task (Cohen, 1946;
form of custody that prevents certain things from Lenz, 1942; National Conference, 1947; Norman and
happening to ensure protection or safekeeping. Norman, 1946; and Norman, 1941, 1949, 1961). The
What are the goals of preventive detention? There diagnostic and observation themes are so common that
are different opinions regarding how many goals are many juvenile codes include these concepts as a
included in the preventive detention function. However, rationale for detention, and they have created conflict in
three general goals emerge: the definition of detention goals.
• Detention provides the juvenile court with a It is difficult to know exactly when the conflict
reasonable assurance that the youth will be began. The confusion of function (goals) began to
available and present for court hearings and appear in the detention literature more than 50 years
other legal matters. (Detention prevents ago. Like many other critical issues in juvenile deten-
absconding, running away, or failing to appear tion, the debate about the goals of detention was
before the court.) articulated by Sherwood Norman. Our present under-
standing of the “preventive detention versus therapeutic
• Detention is used to prevent harm from happen-
detention” controversy is the result of national surveys
ing to the juvenile offender, the family, and the
conducted by Drs. Tom Hughes and Nick Reuterman.
community.
Even though all therapeutic concepts within juvenile
• Detention is used to prevent the juvenile from detention have their origins in the philosophy of the
committing further offenses during the legal juvenile court, the rationale of diagnosis and observa-
process (Pappenfort and Young, 1980). tion may have generated the greatest call for programs,
There is little doubt that protection of the child and training, and professional or clinical staff and services.
protection of the community (public safety) are
universal goals expressed in the detention literature. Balanced Approach
However, is preventive detention the exclusive function The goals of preventive detention and therapeutic
of juvenile detention? detention are not mutually exclusive. However, the lack
of consensus about juvenile justice philosophy in-
Therapeutic Detention creases the tension between these two functions. Until
The word “therapeutic” is sometimes misleading. NJDA established a national definition of detention, the
Although preventive detention stops certain behaviors confusion of function was a major obstacle to the
or actions, the nature of therapeutic detention is to definition of detention. The problem was the inability of
initiate certain events. Therefore, therapeutic detention practitioners to integrate these two detention goals and
could also be called “educative detention,” “helpful balance them in daily practice. (Refer to the discussion
detention,” or “proactive detention.” This function of the balanced approach in Chapter 1.) Now would
examines what detention can do to help the juvenile, also be a good time to return to the NJDA definition at
achieving the preventive goals of protecting the the beginning of this chapter to see how it combines the
offender, family, and community and preventing the preventive and therapeutic themes.
occurrence of additional offenses.
Although the ultimate goal of therapeutic detention
is not the complete rehabilitation of the juvenile “Place Versus Process” Argument
offender, detention should be seen as the place where
the process begins (Brown, 1983). The term “therapeu- With the preventive and therapeutic goals of
tic” is associated with the programs and services detention established, another controversy arises regard-
provided by the juvenile court. Ideally, juvenile ing the objectives of detention—specifically, how it goes
detention is only one component of the range of about meeting or achieving these goals. There are two
services available to the juvenile court. (See the different ways of representing the objectives of juvenile
discussion of continuum of care later in this chapter.) detention. One way is more restricted and narrow in its
focus, while the other is quite broad and flexible.
The basis for the therapeutic detention rationale is
diagnosis and observation. Tappan (1949) specifically

35
Use the game of golf as an example. If your goal is From the perspective of how a detention system is
to shoot a low score and if your golf skills are as good organized, a “place versus process” controversy is
as they’ll ever be (meaning your ability is held at a particularly relevant. If the system defines detention as
constant), there are a range of variables that will affect a place, then the physical plant becomes the focus of
your score. Some of these variables include course detention services, and incarceration is the primary
selection (you want to choose a course that fits your intervention strategy for the system. Although detention
skills), weather conditions (wind, rain, and cold weather frequently serves as the focal point for juvenile justice
make golf more difficult), club selection (you may carry interventions, incarceration is a very expensive alterna-
14 clubs, but there are more than 20 different clubs you tive. Under public pressure for increased incarceration,
could choose), and mental attitude (golf is a challenging operational costs may become overwhelming. For
game that requires concentration and a positive mental example, one county in New Jersey eliminated juvenile
attitude). As each of these variables changes, a good detention because of the high costs of incarceration, and
golfer is flexible enough to adapt to the new conditions. another county in Michigan funded a juvenile detention
What would happen if someone were to control facility only through the remainder of the fiscal year.
these variables so that you had to play:
Detention as Place
• On a very challenging golf course?
References to juvenile detention as a place empha-
• On a cold, wet, and windy day? size the physical structure of detention, the building,
• With only a driver and a putter? and its physical characteristics, such as rated bed
• In front of a gallery of your most severe and capacity, security hardware, square footage, furnishings,
vocal critics? and sanitation. References to place also denote the
• With your job on the line? objective characteristics of detention. Place focuses on
the “what” of juvenile detention, including the develop-
As the available alternatives narrow, your task
ment of administrative and operational rules and
becomes significantly more difficult. You must work
regulations expressed in policy and procedure. Deten-
significantly harder to achieve similar results, and the
tion as place is a limited definition of the methods to
increased stress and pressure reduce your ability to
achieve the goals of detention.
perform. If given the choice, you probably would not
choose this particular arrangement for golf. The “place The ACA standards movement is a crucial compo-
versus process” controversy in juvenile detention is nent of the “what” factor. However, the standards have
similar to this golf analogy. Juvenile detention is forced not been instructive regarding how to implement
to “play the game” under very difficult conditions with successful detention. This gap has been documented by
severely restricted options. the Office of Juvenile Justice and Delinquency Preven-
tion (OJJDP) Study of Conditions of Confinement
More than 35 years ago, the National Council on (Parent et al., 1993) that revealed a weak relationship
Crime and Delinquency (NCCD) suggested that between conformance with nationally acceptable
juvenile detention should be understood as a “process,” standards and improved conditions of confinement.
not as a “place” (Norman, 1961). Recent problems
regarding the overcrowding of juvenile detention Detention as place is a passive concept. It is the
facilities call attention to the definition and mission of object or outcome of juvenile court action. When the
juvenile detention. Although overcrowding is a function demands for greater use of detention increase, the
of several variables, Dunlap (1993) used the “place detention as place argument focuses on the increase in
versus process” controversy as the focal point for secure beds or the increase in capacity. The operation of
evaluating “successful versus unsuccessful” responses the detention facility becomes the primary focus of
to overcrowding. Dunlap linked overcrowding and concern. Detention as place is best captured by the
systemic failures to reduce the negative effects of aphorism: “If a hammer is the only tool in your tool box,
overcrowding to jurisdictions that defined juvenile soon all your problems will start to look like nails.”
detention as a place. He claimed that systems that Detention as Process
successfully addressed the increase in juvenile delin-
quency without overcrowding juvenile detention were References to “detention as process” focus on the
systems that viewed detention as a process. As the “how” of detention (the detention experience). Key
pressures on juvenile justice and juvenile detention words reflective of process are intensity of services,
continue to increase, “detention as process” offers more quality of care, quality of staff and their relationships
alternatives and greater flexibility. with youth, and philosophy of detention. From an
organizational perspective, process moves juvenile

36
detention beyond a single building or entity, suggesting Incarceration includes secure detention, specialized
a wide range of services under the umbrella of deten- residential treatment, training schools, youth ranches,
tion. Detention as process is associated with references residential placement institutions, and transfer to adult
to graduated sanctions and a continuum of care. court jurisdiction.
Detention as process is an active concept. Deten-
Continuum of Care
tion refers to the act of providing custody. This custody
can be achieved through various methods to match the For years, juvenile justice practitioners have
custody needs of the individual youth with the ability of complained that juvenile detention is the mainstay of
juvenile detention to achieve its goals, which include the local juvenile justice system, and problems have
ensuring the youth’s presence at trial; providing arisen because incarceration has been used to solve all
protection to the youth, community, and family; and problems facing the juvenile court (Hammergren,
preventing the occurrence of additional offenses during 1984). Since 1946, the service component of the
the legal process. The range of custody options avail- juvenile justice system has been defined as a con-
able to the court appear to be limited only by the tinuum. Juvenile justice practitioners schooled in this
creativity of those on the bench and within the juvenile train of thought welcomed the OJJDP strategy because
justice system. When a wide range of custody alterna- graduated sanctions were another way to define a
tives exist, detention becomes a question of matching continuum of care. Those State and local jurisdictions
the level of restrictiveness with the detention needs of that have exemplary programs and services for juvenile
the offender. This concept is called a continuum of offenders incorporate a continuum of care during a
services or continuum of care. significant portion of their intervention strategy
Effective detention safeguards the health, safety, (Armbruster, Abbey, and Schwartz, 1990).
and well-being of staff, residents, and the public. The Center for the Study of Youth Policy at the
Practitioners understand that process issues are more University of Michigan concluded that the existence of
influential in effecting safety and security within a a continuum of services provided community protec-
juvenile detention setting than are policies and proce- tion and public safety in a cost-efficient manner.
dures. A balanced approach includes both. Massachusetts was the pioneer in creating community-
based alternatives for delinquents. Since its transition
Graduated Sanctions to a community-based continuum of services, the
The OJJDP strategy (Wilson and Howell, 1993) number of juvenile offenders going into the adult
identified three levels of graduated sanctions: immedi- correctional system has dropped from 35 percent to
ate sanctions, intermediate sanctions, and incarceration. 15 percent. Similar positive results have been experi-
Immediate sanctions are nonresidential community- enced through the development of a continuum of
based programs located in or near the juvenile’s home community-based services in Utah (Armbruster,
to maintain community participation in program Abbey, and Schwartz, 1990).
planning, operation, and evaluation. First-time delin- On the local level, the best example of a continuum
quent offenders and nonserious repeat offenders of services is the Jefferson County (Kentucky) Juvenile
generally are targeted for this type of sanction. Ex- Services Division, an executive branch of county
amples of immediate sanctions programs include government that was developed by Earl Dunlap and the
juvenile court diversion, informal probation, programs Honorable Mitch McConnell to include a wide range of
that use school counselors as probation officers, community-based alternatives ranging in various
probation, home probation, mediation, community degrees of restrictiveness. At the preadjudicatory level,
service, restitution, day treatment programs, alcohol the juvenile court judge makes the detention decision,
and other drug abuse treatment (outpatient), mentoring and Juvenile Services staff conduct a risk assessment
programs, and family preservation programs. and place the juvenile in the appropriate program. The
Intermediate sanctions are for offenders who are decision about where to place a youth is a function of
inappropriate for immediate sanctions or who have the assessment outcome, not the juvenile court.
failed to respond to an immediate sanctions program. The ability to control resident movement within the
These programs include regular drug testing, weekend continuum of services resulted in a very low number of
detention, intensive supervision probation, alcohol and detention days in the Jefferson County Youth Center
other drug abuse treatment (inpatient), outdoor chal- (JCYC). JCYC operated below its regular rated capac-
lenge programs, community-based residential programs ity, frequently operating at 50 percent capacity—a rare
(group homes), electronic monitoring, boot camps (see phenomenon for a metropolitan detention center with a
Taylor, 1989), and staff-secure juvenile detention. history of overcrowding (Kihm, 1981). This program

37
Sample Continuum of Care

Level of Programs and Services


Intervention
Big Brothers/Big Sisters
Afterschool Programs
Afterschool Employment
Low Drop-In Centers
Street Outreach Workers
Mentor Programs
Informal Probation (No Probation Officer Assigned)
Informal Probation (Supervision by Adult Friend or Relative)
Informal Probation (Supervision by Allied Agency—e.g., Scouts)
Alternative Education Programs
Community Services (Health, Pregnancy, Crisis Intervention, etc.)
Foster Home Placement
Volunteer Probation
Probation
Restitution
Attendant Care or Holdover
Group Homes (Parent Model)
Group Homes (Staff-Secure Diagnostic)
Group Homes (Staff-Secure Treatment)
Medium Family Preservation Programs
Alcohol and Other Drug Treatment (Outpatient)
Intensive Probation
Tracking Probation
Tracking Probation Plus (Staff-Secure Detention Bed Available)
Home Detention
Electronic Monitoring
Intensive Day Treatment
Alcohol and Other Drug Treatment (Inpatient)
Nonsecure Detention
Periodic Detention
Weekend Detention (Detained Friday Through Sunday Evenings)
Postdispositional Electronic Monitoring
Specialized Residential Treatment
Training School
High Secure Detention
Training School (Maximum Security Unit)
Adult Detention (Jail)
Adult Corrections (Prison)

38
concept is still used as a model for other local juvenile Intensive Day Treatment. Intensive day treatment
justice systems. It earned Jefferson County the status of programs consist of highly structured and focused daily
a National Resource Center from the ACA, and OJJDP activities for youth. Structured programs may be 8 to 15
technical assistance projects continue to include hours long and include evenings or weekends. Family
references to the Jefferson County model. participation is required, and youth reside in their own
Mentor Programs. Mentor or proctor advocate homes or foster homes. Program content varies but
programs allow individual youth to reside in the homes often includes education, vocational development,
of professional staff who serve in a surrogate parent specialized counseling (sex offense, substance abuse),
capacity. Mentors advocate for youth and provide family counseling, leisure-time activities, community
positive behavior modeling. The residential component projects, and wilderness experiences. Programs operate
distinguishes these programs from typical mentoring at various locations, such as a detention center, a public
programs, such as Big Brothers/Big Sisters. school, or a community center.
Group Homes: Parent Model. House parents or Intensive Family Preservation Programs.
foster parents provide services to six or fewer youth Family treatment or preservation programs, such as
who attend community schools. In addition to the Washington’s Home Builders and Michigan’s Families
traditional parent model, two variations of group homes First, require youth to reside at home, and an extensive
are worth consideration. range of highly intensive services and resources are
Group Homes: Staff-Secure Diagnostic. Under brought into the home to maintain and strengthen the
24-hour supervision by professional staff, 12 or fewer family unit. These short-term, high-impact programs
youth reside in these homes. Youth are placed there work with families from 10 to 30 hours per week for 30
while a more permanent placement is being developed. to 60 days. Family preservation caseworkers are usually
In addition to being assessed for treatment placement assigned to no more than two families at one time.
needs, youth are oriented and attitudinally prepared for Intensive Probation. Intensive probation provides
their treatment placement assignment. increased daily contact with youth, at least two or three
Group Homes: Staff-Secure Detention. Under daily contacts. Specially trained probation officers
24-hour supervision by professionally trained staff, 12 know each youth’s schedule of activities and where-
or fewer youth reside in these homes. Although youth abouts at all times. Youth are required to report to their
may attend community schools, education usually is probation officers in person or by telephone (normally,
provided on the premises because of security risks. there is one face-to-face contact daily) and to review
their schedule of the day’s activities. Intensive proba-
Community-based, staff-secure detention accounts tion officers often work with the families. Intensive
for about half of the annual detention admissions in the probation is a popular alternative to secure detention or
State of New York. Virtually every county has access to to dispositional placements. This model can also be
community-based detention programs, and these used for high-risk youth on aftercare status.
programs are an integral part of the detention system.
Some localities use community-based detention Tracking Probation. Tracking probation is a
exclusively for status offenders and other forms of variation of intensive probation. Rather than two to
detention exclusively for delinquents. Because of their three daily contacts, youth assigned to tracking proba-
nonsecure nature, some community-based detention tion are usually required to have four or more contacts
programs mix the two populations. with the tracking probation officer (tracker), and more
than one of these contacts may be face to face. Two
As evidenced in the New York experience, there are philosophies of tracking have evolved. First, because of
several elements crucial to the success of a community- the intensive contact, some jurisdictions use tracking as
based, staff-secure detention program. The mission of a therapeutic intervention strategy with youth and their
the program must be clear. The intake screening process families. Second, increased tracking caseloads mean
must be designed to admit legally eligible youth who do that most trackers have only enough time to provide
not require a higher level of restrictive care because basic monitoring functions. In these instances, trackers
frequent mistakes in this area will doom the program. become surveillance officers or enforcement officers
Of course, communities rarely welcome nonsecure (“bird dogs”). In either case, tracking provides an
residential facilities. Efforts to educate the community increased level of accountability for youth on probation.
about the mission of the facility are critical. Linkages Tracking Probation Plus. Tracking probation
must be made, preferably by written agreement, with plus is a variation on tracking probation that includes
community agencies that provide the facility with a staff-supervised, short-term bed for youth who lose
health, education, mental health, and emergency control while on regular tracking probation. The
services on an ongoing or as-needed basis.

39
availability of such a bed can eliminate the need for the NJDA definition of juvenile detention. The nature of
temporary detention or other secure placement. Youth nonsecure detention, the range of program structures,
generally return to the regular tracking probation and the difference in client population dictate thought-
within 1 to 3 days. ful exploration of those themes.
Specialized Residential Treatment. Therapeutic At first glance, even the name Nonsecure Detention
or specialized residential treatment programs address (NSD) may seem to be a contradiction in terms. Upon
homogeneous populations, such as sex offenders, teen closer examination, however, it is not. “Nonsecure”
prostitutes, and substance abusers. These programs can refers to the characteristic absence of restrictive
take the form of professional, staff-secure group homes hardware, construction, and procedures. The detention
or small (up to 12 beds) or self-contained residential process remains the same, firmly grounded in the
programs within larger institutions. coercive authority of the court to remand youth into
“Draw Down” Programs. Behavior management detention care. It is the authority of the court (the
draw down programs operate in secure detention process) that is restrictive, not necessarily the detention
facilities and are a systematic way to reinforce appro- setting (the place).
priate institutional behavior by providing an opportu- The statutory criteria for remand to NSD are the
nity for detainees to move to a less restrictive place- same as those for remand to traditional locked facilities.
ment, when appropriate. These programs require the In the ideal world, the court’s determination to opt for
continuum of services to be under one agency’s control one level of restrictiveness over another will reflect how
so that the placement of a youth in the appropriate best to serve and protect the community and the youth.
alternative is an administrative function. In this manner, NSD programming is directly rooted in the philoso-
youth may earn the opportunity to move from secure phy of the least restrictive alternative in the detention and
detention to staff-secure detention, which results in a residential care of youth. It is consistent with the concept
more appropriate level of service and a more cost- of the least intrusive intervention necessary to ensure a
efficient use of resources. The “down” component is positive outcome for both youth and community. In
one way; movement from greater to lesser security does general, positive outcome means safe and successful
not require a due process hearing. movement of the youth through the court process,
Periodic Detention. Eskridge and Newbold (1993) reunification of youth and family when appropriate and
describe a variation on the home detention and weekend possible, or out-of-home residential treatment or supervi-
detention strategies. Periodic detention (PD), pioneered sion as determined by the court of jurisdiction.
in New Zealand, is the oldest and probably the most Intrinsic to NSD is the assumption of adult
successful of the country’s noncustodial alternatives. It responsibility for the developmental experience of
is also one of the most popular, accounting for 35 youth remanded to care. As length of stay increases, the
percent of all those on community sentences. PD began complexities of that responsibility also increase.
in 1963 as a form of weekend confinement for juve-
NSD attempts to fill the gulf between traditional
niles. Since then, it has been extended to adults, and its
locked facilities and voluntary shelter care. The
residential component has been dropped in an attempt
detention process represents a deprivation of liberty.
to cut cost. Today, the sentence allows for a periodic
Staff should have a thorough understanding of the
detainee to be kept in the custody of a PD ward for up
statutory basis for detention and the regulatory frame-
to 9 hours on any 1 day and for up to 15 hours per week
work in which it operates.
for up to 12 months. In practice, the bulk of periodic
detainees report to a PD work center each Saturday. Programming structure must be a direct response to
Accompanied by a PD warden, gangs of approximately the needs of the region’s juvenile justice agencies and
10 detainees work, unpaid, on community projects, the local community.
cutting scrub, picking up trash, and cleaning govern- Youth are served by a divergent range of program
ment buildings. models. In general, large facilities tend to be more
restrictive, self-contained, and staff intensive. Smaller
program models tend to be more flexible and commu-
Nonsecure Detention nity dependent for services.
The best NSD programs, regardless of size or type,
Philosophy of Nonsecure Detention serve as a seamless component in a continuum of local
services directed at the best interests of individual
The underpinnings of juvenile detention philoso- children and families, while protecting the community.
phy are embodied in the broad strokes of the themes of

40
Translating the philosophy of NSD into actual The Nonsecure Detention Foster Family generally:
service to the community and individual youth is an art • Is conducted in the private residence of a
as much as a science. The direct-care line worker in the family, specifically certified as a detention
nonsecure detention institution as well as the foster home.
detention parent providing care in his or her own home
• Has a certified capacity based on the size of
benefit equally and immeasurably from a clear under-
the dwelling, the philosophy of the administer-
standing of the underlying philosophies that will
ing agency, and the ability of the family
successfully help them to achieve the broad goals
to provide care and supervision. It is
enumerated in the definition of juvenile detention.
generally not certified for more than four
Each State, each locality, and each detention youth.
provider will need to come to terms with its individual
• Serves as a component in a network of
philosophy of care, supervision, and service to youth,
detention services.
families, the court, and community. The direct
careworker is best supported by a thorough knowledge • Is totally dependent on community services
of his or her agency’s working ethos. to meet the needs of youth remanded to care.
• Is much less expensive to operate.
Program Models
• Cannot be expected to handle more disrup-
The Nonsecure Detention Institutional Facility tive or aggressive youth.
generally: Own-Home Detention generally:
• Has a capacity of more than 12 youth. • Supervises youth who reside in their own
• Services a large urban or regional population homes.
base. • Allows greatest flexibility in sustaining
• Tends to be more restrictive and staff continuity of positive influences and
intensive. activities in a youth’s life.
• Tends to be a self-contained facility— • Serves as a component in a network of
educational, medical, psychological, recre- detention services.
ational, and other services are provided • Is totally dependent on community services
within the facility. to meet the needs of youth remanded to care.
• Is the most expensive program model to • Is the least expensive program model to
operate. operate.
• Is capable of handling the widest range of • Is designed to accommodate fairly well-
problems presented by remanded youth. socialized youth with intact families and to
The Nonsecure Detention Group Care Facility provide some basis for positive community
generally: involvement.
• Has a capacity of 12 or fewer youth.
Daily Programming as a
• May serve as one component of a network,
or may stand alone in serving a population Preventive Measure
base. A key to preventing the institutional abuse and
• Tends to be more flexible and less staff maltreatment of youth in detention is to change the
intensive than an institutional facility. focus of programming. The direct careworker is a key
player in shifting the focus of responsibility from
• Tends to access community resources for “maintenance and custody” to assumption of positive
services, although it will often use a developmental responsibility for youth while they are in
combination of onsite services as well as
detention. As programming focus shifts toward positive
community-based resources. development, it moves further from the possibility of
• Is a fairly expensive program model to abusive or neglectful situations.
operate. Programming structure, organization, and predict-
• Is capable of handling a wide range of ability are key elements in reducing situations of
problems presented by remanded youth. conflict and stress for both youth and staff. Reduction
of conflict and stress reduces confrontation and the

41
potential need for subsequent physical interventions. the 1960’s and early 1970’s, has shifted to a current
The direct careworker should be given an active role in emphasis on the use of secure detention (Schillo and
designing and refining daily programming routines. Davidson, 1994). This shift in the philosophy of the
Routines should facilitate smooth transitions from juvenile justice system has been attributed to the conser-
activity to activity. Activities should be designed to vative agenda, which dominated national debates over
enhance self-esteem and facilitate individual feelings of juvenile justice during the late 1970’s and 1980’s
completion and success. Win-win activities generally (Krisberg and Austin, 1993). Conservatives accused the
serve program goals better than win-lose activities. courts of being too lenient with dangerous juvenile
offenders, questioned the practice of diverting offenders
Supervision and Interaction from the juvenile justice system, and called for the use of
In the absence of restrictive construction and punishment and deterrence, specifically secure detention.
hardware, staff supervision and interaction are the most Furthermore, many communities failed to develop
significant methods to monitor, control, and motivate and fund adequate alternative programs, as directed
the behavior of youth. under the 1967 President’s Commission on Law
The relationship of the direct-care team and the Enforcement and Administration of Justice (Krisberg
individual direct careworker to groups as well as and Austin, 1993). As a result, the juvenile justice
individual youth is a powerful and dynamic tool for system is currently strained to provide services to a
implementing the agency mission. Building a consistent population that is detained mostly because of property,
approach for establishing discipline, limits, program drug, and assorted minor offenses.
procedures, and behavioral expectations of residents Increased rates of incarceration and high rates of
minimizes “testing” behavior, inequities, and subse- recidivism for juvenile offenders highlight the need to
quent confrontations and interventions. reexamine the use of alternative intervention strategies.
Judicious use of authority by direct-care staff is In 1995, the adolescent population again peaked as the
highly respected by detained youth. The authoritative children of the baby boom generation reach their
battle of wills generally escalates confrontation, puts teenage years (Krisberg and Austin, 1993), creating a
staff in a “must win” position, and is counterproduc- serious strain on the resources of the juvenile justice
tive to program goals. It should be held in reserve as a system if the incarceration of juvenile offenders
last resort. continues at the rate witnessed during the previous
Supervision of youth through proactive interaction decade. The use of cost-effective alternatives to secure
by a direct-care staff team unified by a commitment to detention that reduce delinquency will be critical to the
positive youth development will minimize the potential functioning of the juvenile justice system.
for abusive situations in NSD. This section is intended to provide the juvenile
detention caregiver with an understanding of a widely
used alternative to secure detention—the diversion of
Alternatives to Secure Detention: juvenile offenders. The definition of diversion will be
The Case of Diversion discussed as well as an understanding of how an
alternative program is started, funded, and operated;
how referrals are made to an alternative program; and
The Need for Alternatives to Secure how youth who might otherwise be detained might
Detention for Juvenile Offenders benefit from an alternative program. Finally, the critical
The need for alternatives to secure detention for components of developing a diversion project as an
juvenile offenders within the justice system has once alternative to secure detention are outlined. The goal of
again become an issue of critical concern. Between 1979 this section is to provide the detention worker with an
and 1984, the number of juvenile offenders sent to adult understanding of his or her role in promoting an
correctional facilities rose by 48 percent, and by 1985, alternative program.
two-thirds of the Nation’s training schools had reported Diversion as an Alternative to
conditions of chronic overcrowding (Krisberg and Austin,
1993). Notably, this increase in youth custody rates Secure Detention
occurred at a time when the overall youth population was Diversion represents an alternative method for
declining (U.S. Department of Justice, 1992). dealing with delinquent youth outside the formal juvenile
The focus on deinstitutionalization and alternative justice system. The practice of diversion is not a new
programming for juvenile offenders, prominent during concept because the creation of the original juvenile court

42
was actually an attempt to divert juvenile offenders from results when the youth learns that delinquent behavior
the adult criminal system (Mennel, 1972). is rewarded (Davidson et al., 1990). Diversion programs
Present-day diversion programs developed mostly based on these theories may work to strengthen the
in response to the 1967 President’s Commission on Law youth’s ties to conventional order or to reinforce
Enforcement and Administration of Justice prosocial behaviors through the use of behavioral
(Gensheimer, Mayer, Gottschalk, and Davidson, 1987). contingencies and/or involvement of families, peer
The Commission presented the goal of eliminating groups, and significant others within the program.
ineffective practices in the juvenile justice system by Diversion programs vary greatly depending on
developing dispositional alternatives to adjudication when the juvenile is diverted from the system. Diver-
(Whitehead and Lab, 1990). These alternative methods sion may involve police officers releasing youth after an
would divert youth from the formal system to minimize arrest with no further intervention. It may include
the adverse effects of the justice system on youthful providing youth with information about appropriate
offenders and to provide effective services that would community resources for dealing with problems.
help the youth avoid future trouble. Diversion may also include programs designed to
Diversion Defined. Diversion has been broadly provide service brokerage or referral to a community
defined as “the formal channeling of youths away from agency for assistance. Finally, diversion may include
further penetration into the juvenile justice system to an alternative, community-based programs designed to
alternative nonjudicial means of handling the juvenile” provide diverted offenders with direct services.
(Gensheimer et al., 1987, p. 41). However, there is a
great deal of variance in the use of diversionary
Michigan State University Adolescent
practices within the juvenile justice system. The Diversion Project
practice of diversion differs greatly according to the An excellent example of a diversion program is the
point at which the juvenile is diverted from the system Michigan State University Adolescent Diversion Project
(Whitehead and Lab, 1990). At the initial level of (ADP) conducted in conjunction with the Ingham
contact with the juvenile justice system, juveniles can County Juvenile Court (Schillo and Davidson, 1994).
be directly diverted by law enforcement officers either The model serves as a viable alternative for the county
before an arrest or after an arrest, but this must occur juvenile and/or family court. The project continues to
before any further system involvement. Diversion can receive strong support from officials responsible for the
also take place during intake or after adjudication, but it allocation of county funds that support ADP. In a time
must occur before disposition. of shrinking local budgets and increasing costs for
Diversion and Delinquency Theory. Diversionary incarceration, ADP is considered an effective and cost-
practices also differ according to their theoretical basis efficient alternative for handling juvenile offenders.
concerning the causes of juvenile delinquency. The use Recently, county officials have encouraged project staff
of secure detention is most often based on deterrence to consider expanding services by 25 percent—a pro-
notions of behavior (Davidson et al., 1990). By con- posal that is currently under discussion.
trast, many diversion interventions are based on social ADP remains flexible and responsive to changes
labeling theory (Davidson et al., 1990). Proponents of that have an impact on adolescents and the juvenile
this theory argue that the negative effects of labeling justice system. In response to a request on behalf of
juvenile offenders as “deviant” produce continued probate court, ADP and court staff are currently
criminal behavior. working together to examine the possibility of introduc-
Diversion programs are also frequently based on an ing elements of community service into the project.
environmental differences model, which argues that the Furthermore, ADP staff are constantly engaged in
source of delinquency is found in the environment rather updating training materials and procedures to address
than the youth (Davidson et al., 1990). Diversion the changing needs of the youth served by the project.
programs based on this theoretical assumption attempt to
Developing a Diversion Program as an
alter the environment or, more specifically, the opportu-
nity structure for youthful offenders through the use of Alternative to Secure Detention
skills training, education, and vocational programs. Several critical components in the process of
Finally, other diversion interventions are based on developing and operating an effective diversion
theories of social control, which suggest that a variety program have been identified throughout the history of
of conditions weaken a youth’s ties to conventional ADP. The primary component is convincing the public
order and lead to criminal behavior, or theories of social that the people who run the project know and under-
learning, which argue that juvenile criminal activity stand the problems of delinquent youth (Ku and Blew,

43
1977). Briefing judicial officials about the purpose, Regardless of where the program is located, a
nature, and operations of the project as well as the source of funding for the project will need to be
potential impact that this program may have on juvenile secured. Various levels of government (city, county, and
court operations or caseloads is critical in avoiding State) and private sources (foundations) represent
future misunderstandings. This process of establishing possible sources of funding for alternative programs. In
credibility and selling the project may need to occur at localities with access to university or college resources,
multiple levels, from law enforcement officers and court the potential exists to establish collaborative agreements
staff to prosecutors and judges. with these institutions for the development and opera-
Another critical element in this process involves tion of an alternative program. In the case of ADP,
working directly with those who will be responsible for Michigan State University provides the resources
diverting youth (Ku and Blew, 1977). To convince (office space, staff, and a pool of volunteers) that allow
officials to divert offenders, it is necessary to meet with ADP to operate at a fraction of the cost of a court-run
these officials and assure them that the program will be program. It should be noted, however, that using college
able to handle potentially delinquent juveniles and students is not essential to the operation of a project
those with records of serious delinquency. Those such as ADP because this project has been successfully
responsible for diverting youth must understand how replicated with contractual staff (Davidson and
diversion operates. To have a significant impact on the Johnson, 1987).
justice system, they should not divert youth who would
be informally diverted anyway (warned and released). It
Summary
is also important to provide referral officials with timely In summary, the basic elements for replication of
feedback about the performance of the youth who have an alternative diversion program such as ADP include
been diverted. a community that recognizes a need for juvenile
The other half of the process of establishing an intervention services, cooperation from law enforce-
alternative program involves identifying available ment and juvenile officials, and accessible resources
resources for the operation of the project. The initial and interested individuals (Ku and Blew, 1977).
decision is deciding whether to locate the program Diversion programs offer a viable alternative to the
within or outside the formal justice system. Although it use of secure detention and offer flexibility for an
may be logical to locate some types of diversion overburdened juvenile justice system. This chapter has
programs within the justice system (e.g., the diversion been designed to assist detention workers in develop-
of juveniles by police officers), the objectives of other ing a clear understanding of the operation of an
programs may be compromised by such actions. effective diversion program and an understanding of
Research reveals that volunteers who work under the their role in using and promoting effective alternatives
supervision of the formal justice system are limited in to the use of secure detention.
their abilities to effectively address the needs of their
youth (Blakely, 1981).

44
Chapter 4 Adolescent Development and Delinquency

Adolescent Development perspective, you need only make the consequences of


Instead of juvenile detention, what if this were your their choices more painful or aversive so that they do not
first day on the job at Joe’s Service Station? You have choose this behavior in the future (a punishment-based
just been hired to change or fix flat tires. It sounds like approach to juvenile justice). This belief relieves you of
a simple task, but you notice a variety of equipment any responsibility to help, and you may then consider
associated with each job. Do you need to know how yourself a “correctional officer” or “guard.” The National
these things work? Does understanding how to operate Juvenile Detention Association (NJDA) is not aware of
a pneumatic drill to remove lug nuts help you do your any evidence to support the effectiveness of this strategy
job more efficiently? for changing the behavior of juvenile offenders. For this
reason, your job is that of a “caregiver.”
Do you remember the first time you cut the grass
with a power mower? Did someone explain to you how Choices and Diminished Capacity
the mower works, where the dangerous parts are, and
Charly Skaggs developed a delinquency prevention
how to turn it off in case of an emergency or problem?
program based on the concept of choices. His assumption
You probably felt more comfortable and safer as you
was that the majority of juvenile offenders made poor
learned more about the operation of a power mower.
choices (chose crime) because of a diminished capacity
The more knowledge and understanding you have fueled by a lack of good information. Without good
about what you are doing, the more likely you are to do information and knowledge about how and why juvenile
the job better, more efficiently, and more safely. The offenders behave the way they do, you also could operate
same thing applies to working with juvenile offenders. under a diminished capacity and make poor decisions
The better you understand juveniles, the greater the about your job. You are not working in adult detention;
likelihood that you will be successful at the job and will this is juvenile detention. The difference is not only a
be able to ensure the health, safety, and well-being of matter of age but a matter of development. We do not
the youth you supervise, your coworkers, and yourself. have the same expectations of a freshman in high school
In recent years, there has been less emphasis on that we have of a freshman in college. Like the acquisi-
adolescent development as an area of knowledge essential tion of knowledge, personality development occurs
for juvenile detention caregivers. The assumptions found sequentially, and problems with the sequence can lead to
in adolescent development and delinquency theories delinquency or other problem behaviors.
contradict many contemporary views of juvenile justice.
As will be discussed later, an understanding of develop- Assumptions
mental stages as well as the biological and psychosocial All human beings progress through stages and
correlates of delinquency support the belief in a dimin- processes as they develop into people. These pro-
ished capacity on the part of juveniles. The more you cesses include:
understand why delinquency occurs, the more you are • Maturation of biological systems.
obligated to use your skills to improve or remediate this
• Development of cognitive abilities and
diminished capacity. The more you buy into the idea of
personality.
diminished capacity on the part of young people, the
greater the obligation to help. • Knowledge of how to get along with and
behave around others.
A conservative approach to juvenile justice mini-
mizes diminished capacity, looks at offense seriousness Development occurs in sequential stages. Each
as an indicator of maturity, and reasons that all serious stage builds on the experiences of previous stages and
and violent offenses are a product of a rational involves interdependent physical, cognitive, emo-
decisionmaking process. Using such a free-will perspec- tional, and social processes. Full maturation and
tive, many people involved in juvenile justice subscribe to realization of developmental potential can be influ-
the belief that juveniles carefully and thoughtfully choose enced positively or negatively by the complex interac-
to break the law. If you believe that youth are totally free tion of various factors, including:
from outside influences and forces, then their behaviors • Genetic predispositions.
(or crimes) would be the result of their choices. From this

45
• “Socializing agents” (i.e., family, peer problems of social adaptation. Erikson described
groups, and schools). development as a process that extended throughout life,
• Basic living conditions. rather than occurring only in the early years. His
underlying assumption was that personality developed
Adolescence as Transition according to steps or stages, which were determined
Adolescence is the period of transition from and influenced by several factors, with society being the
childhood to adulthood. This transition is a time of most important. When society was structured to help
rapid changes in body, emotions, attitudes, values, individuals through each stage, normal and healthy
intellect, relationships (parents, peers, authorities), development occurred.
freedom, and responsibilities. During this period of Erikson identified certain learnings that had to take
change, the main goals of an adolescent include: place in each stage and were critical to further develop-
• Learning about a new body with new ment. Calling these learnings “crises,” he described the
potentials for feelings and behaviors. results if the learning crisis was not overcome. Erikson
called the most important learning crisis “the identity
• Making an initial separation from the family
crisis.” He believed that every young person needed to
to establish an independent identity.
generate a central perspective or direction that gave
• Defining his or her place in adult society. meaning and purpose to life. Erikson contributed two
It is important for the juvenile detention profes- important points to our understanding of juveniles.
sional to remember that great developmental diversity First, human development progresses through stages,
occurs during this stage (approximately between the and the inability to resolve any conflicts in one stage
ages of 12 and 18) and among adolescents of the same will create problems for subsequent stages. Second,
chronological age. So much is changing for the adoles- even though outcomes (or movement through the
cent in the areas of physical, mental, emotional, and stages) are influenced by biological and hereditary
social factors that there is great variability and often a factors, the most important influence is the role that
great difference between youth of the same age. society plays in satisfying or frustrating these develop-
mental needs.
Basic Needs
Every behavior is explainable as an attempt to meet A Common Virtue
or mediate among needs. Indeed, much of life is a People are more than just collections of behaviors.
continual struggle to resolve conflicting forces. Basic Each person consists of many thoughts, feelings, and
needs include survival, a sense of belonging, power, experiences that are uniquely his or her own. Juvenile
freedom, and fun. Survival needs include food, cloth- caregivers and youth in detention programs are no
ing, shelter, and reproduction. Everyone desires a sense different. Both groups come to this encounter with their
of belonging (loving, sharing, and cooperating). own particular ways of seeing, interpreting, and
Healthy adults and juveniles need to feel a degree of responding to the world around them.
power over their lives. Power needs include competing, A key way for juvenile caregivers to work effec-
achieving, and gaining importance. tively with so much difference is to be at ease with
As a person begins choosing his or her behavior, themselves and to allow youth to be themselves as well.
that individual experiences freedom. It is particularly Toward this end, it is important for each juvenile
important for juvenile caregiver staff to provide the caregiver to operate from a frame of reference that
greatest possible opportunities for youth to exercise includes a knowledge of:
their desire for the freedom to make choices. • What all people have in common by virtue of
Having fun provides an adolescent with time to learn being human—the needs and changes specifi-
and play. These times of pleasure allow a welcome relief cally associated with adolescence.
from the pressures of the institutional process. • What underlying factors may be involved with
any behavior.
• What behaviors may signal the need for
Psychosocial Developmental Stages professional intervention.
The concept of psychosocial stages of development The Family
is attributable to Erik Erikson (1967). He proposed
eight stages of development that call attention to Families provide youth with many critical values,
perceptions, and beliefs. These issues have a dramatic

46
effect on a person’s behavior as the individual grows and Family and the Detention Experience. There
leaves the family to enter the larger world of adulthood. is a growing trend to involve the families of juvenile
Perhaps the most important item supplied by a offenders as soon as possible after the youth has been
family is a sense of self-worth. Self-worth is the internal placed in a detention center (Roush and Roush, 1993).
picture a person has of himself or herself. The nature of This movement is based on the need to strengthen the
this picture (i.e., whether it is positive or negative) is a family as a resource for the youth. Parenting skills
crucial factor influencing what happens inside the person training and family intensive interventions work to
and between that individual and other people. safeguard the family as the “natural community” of
Youth who have a positive sense of self-worth the child. This safeguarding is best accomplished by
possess a feeling of importance and believe that the world involving the family as a partner in the youth’s restora-
is a better place because they exist. They have faith in tion from the beginning of the court or detention
their own competence, are able to ask for help, and process (Christensen, Bowling, and Schauer, 1991).
appreciate the worth of others. Youth with a positive self- The relative isolation of the detention facility from the
worth radiate trust and hope. Furthermore, effective public as well as the power of the court to compel
juvenile caregivers also need positive self-worth. parental involvement can create a “safe” place where
something can be done to improve family-child
Juveniles who possess a negative self-worth feel that relationships (which are usually the origin of the
they are of little consequence and expect to be cheated, youth’s problems).
stifled, and unappreciated. In expecting the worst from
others, they tend to invite such treatment. As a defense, Urie Bonfennbrenner, a noted expert on child
they will hide behind a wall of distrust and will isolate development, believed that the family was all that
themselves from others. Separation from others often American society possessed for raising children. In
leads to apathy (“I don’t care”) and indifference (“So most cases, it makes sense to develop strategies that
what?!”). Juveniles with negative self-worth will often involve the family in the programs and services offered
treat others badly, because they “know” others will treat by the juvenile facility. Detention personnel should be
them badly if given the chance. encouraged to set up activities that involve parents, and
the institution should take the initiative in this regard.
Every youth develops ways to communicate with The feedback from staff, youth, and parents is very
others in a family context. Communication is simply positive regarding “family” activities at the detention
how we make and share meaning with others. How one center (Roush and Roush, 1993). Parents of juvenile
communicates and what happens as a result are usually offenders are looking for help, and they want to be a
the products of early interaction with family members. part of the helping process.
Every youth is linked through family relationships
to people and institutions of the larger society. Developmental Needs
Through family interaction, a child learns ways for Because of the above-mentioned changes occurring
communicating with others, the guidelines (rules) for in their lives, adolescents have a number of develop-
feeling and behaving, and the consequences of being mental needs, including physical activity, competence
“linked” to the society. and achievement, self-definition, creative expression,
In a healthy family, each member feels like a positive social interactions, structure and clear limits,
person in his or her own right. Each member is noticed, and meaningful participation.
valued, and loved. Each member also is expected to Activity. It is important that any program designed
notice, value, and love the other members. When to serve youth provide a means for the constructive
mistakes (actions that cause some sort of pain) occur, channeling of energy (physical activity). There is a
they are dealt with in ways that promote healing, particular need for at least some involvement in
learning, and growth. noncompetitive sports and activities that allow for
In a troubled family, there is a consistent pattern of differences in strength, dexterity, and size.
mistake making, which cripples the ability of each Competence. Everyone, the adolescent in particu-
member and the entire family to cope effectively with lar, needs to have his or her accomplishments valued by
reality. This family is dysfunctional. Feeling guilty or individuals he or she respects. One needs to have
blaming others in the family is never useful but occurs opportunities to prove oneself, especially in ways that
regularly in dysfunctional families. Generally, the are rewarding if all goes well but not devastating if
causes of any dysfunction tend to be invisible because there is disappointment.
no one in the family knows what to look for.

47
Identity. Adolescents need to become accommo- Behavior can be classified as a range, beginning
dated to the “new self” that they are becoming. Rapidity with positive, considerate, productive, prosocial
of change requires time to absorb new ways of thinking, behavior and ending with disturbed, abnormal behavior
feeling, and reacting to others, and it requires time to that clearly indicates the need for professional interven-
reflect on the meaning of new experiences in exploring tion (Dorman, 1985). These extremes are easily recog-
a widening world. nized, but it is very difficult to assess the needs of an
Adolescents need to develop new and constructive adolescent who displays worrisome behavior that may
ways to express new feelings, interests, abilities, and irritate or worry adults.
thoughts. It is helpful if a youth can engage in a variety Adolescents are also prone to display behavior that
of activities, such as the arts and sports, that encourage is reckless, irresponsible, and potentially dangerous, yet
passion, intensity, curiosity, learning, and individuality. typical of their youthful immaturity. An example of
Social Skills. Youth need positive social interac- irresponsible behavior and irrational adolescent think-
tions with peers and adults. Teenagers need relation- ing is MTV’s “Beavis and Butt-Head.” The popularity
ships with reassuring and informed adults who like and of this questionable cartoon is its ability to capture both
respect them for who they are. An effective worker must the troubling and troubled aspects of adolescence. It
be able to respond sensitively to the youth’s joys and also captures a bit of the adolescent in the adults who
confusion as well as to his or her dreams and worries. watch it.
The staff should be models of healthy, functioning Detention workers should consider the following
adults. Juvenile caregivers should not impose their own factors when assessing the harmfulness of an adoles-
personal ethics and values but should help youth cent’s behavior:
develop their own ethical standards. Healthy interac- • The frequency and duration of the behavior.
tions with peers provide support and companionship,
• The adolescent’s personality.
while creating opportunities to deal with criticism and
promoting identification and imitation. Social skills • The circumstances under which the behavior
training programs are used in detention to enhance this occurred.
process (Roush, Christner, Lee, and Stelma, 1993). • Cultural and subcultural norms.
Structure. Adolescents must be provided structure • The personality, tolerance, and values of the
and clear limits with flexibility to accommodate their adults determining the seriousness of the
ever-increasing capabilities. Clear expectations help behavior.
unsure, self-critical youth by defining areas where they Effective detention workers operate on a daily basis
can legitimately have the freedom to explore, which with an understanding of client needs. The particularly
allows for safe experimentation with new emotions and difficult teenage years require detention workers to
sensations. Establishing expectations should become an constantly assess the youth’s developmental needs in
increasingly participatory process so youth can gain each interaction. Such attention to the client’s needs and
experience in setting their own limits. perceptions will greatly encourage communication and
Involvement. Youth need to see themselves as desired behavioral changes.
participants, not merely observers. It is through this
process of participation that youth learn to set limits on
themselves. Youth should have a voice in planning Common Changes During
activities that shape their lives. Meaningful participa- Adolescence
tion in the development of plans for short-term commit-
ments that involve varied tasks and responsibilities
allow exploration of diverse interests and abilities. Physical Development
During early adolescence, the biggest changes
Distinguishing Between Disturbing youth experience are changes in their bodies. The only
Behavior and Disturbed Behavior other time the body changes as greatly and as quickly
Adults often find it difficult to deal with the range is during infancy. During early adolescence, some
and intensity of behaviors exhibited by adolescents. It is people grow rapidly, while others grow slowly.
helpful to distinguish between behaviors that merely However, by late adolescence, most of the slower
disturb adults and those that may warrant professional growers will have caught up. Boys generally start to
intervention. develop 2 years later than girls but catch up very
quickly between the ages of 14 and 16.

48
In adolescence, the basic shape of the body During adolescence, important changes happen in
changes as youth grow and develop. Girls become the brain and in the way youth think. Some scientists
narrower at the waist and broader at the hips and believe that the brain actually grows larger at this time.
shoulders. Boys become broader at the shoulders and Youth develop the ability to remember much more than
more muscular. Their voices deepen, especially they could when they were younger. Even more
between the ages of 16 and 18, and they grow facial important, their view of the world changes in small but
hair. Both girls and boys grow body hair and develop important ways.
sweat glands. Chemicals called hormones control many For example, a young child who looks up at the
of these changes. It is during this period that primary moon sees a round object about the size of a basketball.
and secondary sex characteristics appear, and adult As far as the child knows, the moon really is the size of
reproductive ability emerges with its associated a basketball. The child is using concrete thinking,
behavioral changes. believing only what he or she can see or hear or touch.
Feeling a bit awkward during times of change is By the age of 10 or so, the youth understands that the
normal, especially because most juveniles do not quite moon only appears to be small because it is so far from
understand what is happening. The following are Earth. This is abstract thinking. The youth can’t really
some important points for juvenile detention staff to see how the moon’s distance from Earth makes it seem
keep in mind: smaller, but he or she can understand it.
• Adolescents whose bodies have matured and As teenagers begin to do more abstract thinking,
developed may still think and feel like children. they can understand more about the world around them.
This emotional immaturity can be confusing for They become better problem solvers and can figure out
them and for the adults around them. The more difficult math, analyze a short story, or predict the
physical growth spurt has nothing to do with results of a science project. They also gain an apprecia-
how mature a person thinks, acts, or feels. tion for contradictions, especially in moral and ethical
• Besides getting taller, boys and girls are likely behavior. Fairness and equality become major sources
to gain weight, which is perfectly normal. Still, of concern.
because bones tend to grow faster than muscles,
Social Development
some teenagers look lean and lanky.
Social development refers to changes that move
• Good nutrition is especially important during
youth toward new relationships with friends, more
adolescence. Juveniles who do not eat a nutri-
independence, and more responsibility. With each
tious, balanced diet may not reach their full
change, youth become more mature and less childlike.
potential height, strength, or size.
Most young adolescents want to be liked and
• Some changes during adolescence are perma-
accepted by people their age. This need to be accepted
nent, while others are temporary. Acne can be
can work for or against youth. On the positive side, it
bothersome, and that awkward feeling when
can encourage youth to do their best so people will like
youth are not used to their new body also can be
them. On the negative side, it may cause youth to do
bothersome. However, these problems are
things that are wrong or that they really do not want to
temporary.
do so they will fit in with the crowd or so people will
During adolescence, youth begin to look the way like them. Resisting negative influences is one of the
they will look as adults. They cannot do much about greatest challenges youth face.
their height, their body build, or their bone structure.
Social change is another profound concern for
For this reason, they must accept their physical develop-
adolescents. “Who am I?” and “Who will I become?”
ment, however quickly or slowly it takes place, and
are questions that are of great importance to youth.
juvenile detention staff must help them make the most
Teens find new interests, while approval from peers and
of who and what they are.
significant others becomes very important. Youth want
Intellectual Development greater participation with adults in the framing of limits
for behavior. Adolescents begin to shift attention from
Youth also experience rapid growth in their intel-
their role in the family to their role in society, with
lectual development—the way the brain works. The
increased desires for independence, responsibility, and
brain is a marvelous organ with capabilities that make
privacy. Youth still rely on adults (particularly parents)
the most complex computer in the world seem primitive
for affection, guidance, and safe limits. Generally,
by comparison.
adolescence is a time of strict conformity to models of
behavior that are not learned from parents.

49
Emotional Development ■ Perceptions of reality are shaped by such
factors as values, beliefs, attitudes, communi-
Because of all the changes adolescence brings,
cation styles, and behavioral repertoires
youth may sometimes feel worried or uncertain about
(options or choices).
the future. Youth may feel that no one understands what
they are experiencing. Youth may be moody and angry • The potential for positive growth always
one minute, then happy and excited a short time later. It exists in any individual.
can be like riding a roller coaster. This final assumption is absolutely critical for the
Certainly one of the most disturbing aspects of effective detention worker. Juvenile justice is rooted in
adolescence for parents, teachers, and juvenile staff is the the belief that children and adolescents have the ability
series of dramatic emotional changes that are typical of or may develop the ability to change their behaviors.
adolescents. These periods of moodiness and depression
may result from a number of causes, including:
• Hormonal changes. Theories of Delinquency
• Anxiety, stemming from limited life experi- The professional child careworker needs to
ences that can be used to deal with all of the understand the different theories of delinquency.
new desires, opportunities, decisions, and Having a theoretical perspective on why youth break
expectations. the law is as important as understanding adolescent
• Anxiousness to grow up quickly. development. However, the Desktop Guide cannot
• Impulsiveness, often stemming from internal address every issue related to juvenile detention, and
conflicts, conflicts with authority, and the belief educating juvenile careworkers about delinquency
that they are immune to dangerous risks. theory is more appropriately an academic function
that is better handled through university coursework
• Intense sexual feelings and curiosity as well as
or juvenile justice textbooks (Bartollas, 1985; Siegel
desire for intimacy.
and Senna, 1985; and Trojanowicz and Morash, 1983)
• Fluctuations in self-esteem. or materials prepared especially for delinquency
In adolescence, youth’s emotions can change theory education (Goldstein, 1990; Hughes and
rapidly from one moment to the next. Managing emo- Reuterman, 1989; and Vold and Bernard, 1986). Most
tions may seem difficult. Sometimes, youth feel as if colleges, universities, and community colleges offer
they are so happy they’re floating; at other times, they courses in juvenile justice or juvenile delinquency,
are so miserable they want to hide from the world. and these courses include delinquency theory. If you
Often, they do not even know where these feelings have not taken such courses, or if you have not read a
come from. discussion of delinquency theory in a juvenile justice
textbook, you should plan to do so as a part of your
Summary professional development.
Over the years, each of us develops a basic under- Understanding delinquent and criminal behavior
standing of human nature. We operate in our daily work has been approached from three perspectives: biologi-
with a set of assumptions. These assumptions about basic cal, psychological, and sociological. The biological
human nature affect our interactions with clients, co- approach maintains that the origins of crime and
workers, family, and friends. Effective juvenile caregivers delinquency are found within the physiological and the
understand certain universals of the human experience. hereditary makeup of the organism. The psychological
The most important ones are as follows: orientation holds that illegal behavior is a function of
• Every human being is unique and valuable. intrapsychic traits and processes. The sociological
• Human beings are infinitely complex. theory explores delinquency in relation to society,
social structure, and group behavior.
• Change is the way of the universe, and all
people must respond to it. No single theory completely explains juvenile
■ Choices are made on the basis of an
delinquency or its effective treatment (Jenkins,
Heidemann, and Caputo, 1985). For this reason, the
individual’s perception of reality at a
emphasis on one theory over another is frequently tied
given point in time.
to the perspectives of politicians whose understandings
of juvenile delinquency are more often a function of
rhetoric and appeals to public sentiments about crime.

50
Currently, there is considerable controversy about the gangs and delinquency from drug gang mem-
conflicting goals of the juvenile justice system. How- bers. Taylor’s second book addresses drugs and
ever, the Federal Government has supported a holistic gangs from the perspectives of women and
and interactive approach to delinquency theory based girls.
on sound research practices. • Mary Taylor Previte (1993, 1994), Director of
Materials from the Office of Juvenile Justice and the Camden County (New Jersey) Youth Center,
Delinquency Prevention (OJJDP) contain a strong presents perspectives on life as written by youth
emphasis on the interaction between individual, family, in a juvenile detention facility. Her book (1994)
and community variables. There are also systematic is a powerful and uplifting account of work
efforts to discover those factors in a youth’s life that can with juvenile delinquents in a juvenile detention
be identified as causes or correlates of delinquency center.
(Howell, 1992). By identifying discrete variables that • Waln Brown (1983) tells his story of delin-
are linked to delinquent behavior, various theoretical quency and life within juvenile justice institu-
approaches can be used to develop delinquency inter- tions. This account is a telling description of
ventions. The OJJDP Comprehensive Strategy for juvenile justice in the 1960’s.
delinquency prevention and intervention (Wilson and
Howell, 1993) outlines strategies and principles relevant
to all juvenile justice professionals, especially juvenile Gangs
detention caregivers. (See Chapter 1.)
Because most of this information is available free Gangs are a mechanism by which adolescents
of charge through the National Criminal Justice become involved with crime and delinquency. The
Reference Service (NCJRS), you should make sure that theories used to explain gangs include many of the
you have access to these materials either at your facility developmental, biological, psychological, and socio-
or at your home. To sign up for NCJRS publications, logical factors previously mentioned in this chapter.
write to the following address: National Criminal Gangs are included here because of their contribution
Justice Reference Service, P.O. Box 6000, Rockville, to the explanation of delinquent behavior. Additional
MD 20850, or call (800) 851–3420. discussions regarding gangs, violence, and drugs will
be included in Part II of the Desktop Guide.
Experts by Experience
Arnold Goldstein (1990) made reference to Definition
another area of study that informed the juvenile There is little consensus about the definition of a
justice practitioner about juvenile delinquency. This gang. For many years, various researchers have defined
information was drawn from the experience of gangs in different ways. For our purposes, we will use
juvenile offenders themselves. Goldstein’s assumption the definition of a gang adopted by the Chicago Police
was that this experience was a valuable source of Department (Block and Block, 1993), which states that
ordinary knowledge which, when combined with “a gang is an association of individuals who exhibit the
theory and research, greatly improved the juvenile following characteristics in varying degrees: a gang
detention caregiver’s understanding of juvenile name and recognizable symbols, a geographic territory,
offenders and juvenile delinquency. This strategy a regular meeting pattern, and an organized, continuous
stresses the importance of talking with juvenile course of criminal behavior.”
offenders and listening to their life stories. The more Gang activity has increased dramatically during the
you know about juvenile offenders and why they past two decades. Gangs are linked to drugs and vio-
commit crimes, the better you will be able to work lence, and they present a major challenge to all aspects
with them. of juvenile justice. OJJDP and numerous college faculty
The following resources are particularly helpful in have conducted surveys of gang activity as well as
gathering information about juvenile delinquency from reviews of gang research and intervention strategies
juvenile delinquents: (Block and Block, 1993; Cromwell, Taylor, and
• Arnold Goldstein (1990) combines an excellent Palacios, 1992; Dart, 1993; Goldstein, 1991; Huff,
review of delinquency theory with selected 1993; Spergel, 1992; and Taylor, 1990). This informa-
excerpts from interviews with juvenile offenders. tion is very comprehensive and contains relevant im-
plications for juvenile detention professionals.
• Carl S. Taylor (1990, 1993) offers insight about

51
Gang Theory Individuals from a wider age range are involved
in today’s gangs. It is common to find gang members
Why do gangs exist and why are they still popular?
who are in their 20’s and 30’s. Some people have
Two major sociological theories are used to explain
speculated that fewer jobs translate into fewer males
why gangs exist. One theory emphasizes the underclass,
who “grow out of” gang involvement. An older gang
particularly those who live in poverty and do not
membership has also been linked to greater access to
possess a legitimate opportunity or access to wealth.
semiautomatic weapons.
Gangs supply a way to secure material goods and status
for many of these individuals. Taylor (1990) stated that The popularity of gangs draws younger children
gang members are drawn from the ranks of the under- into the gang. Many police departments in large cities
class. “The welfare roles are the selective service for are arresting very young children (8–10 years old) for
potential gang members.” gang-related drug offenses. The situation is so trouble-
some in Chicago that the Illinois legislature proposed a
Another theory focuses on social disorganization.
bill that would lower the age of admission to juvenile
Social disorganization weakens social controls on
detention to 8 years old (second grade).
youth, particularly adolescent males, creating a need for
an alternative method of socialization. Gangs serve As more youth become involved in gangs at a
these economic and social purposes. younger age, the number of gang members in juvenile
detention will increase. In a 1991 survey of detention
From a psychological perspective, gangs meet
facilities, Chicago State University researchers esti-
many of the needs of adolescents. Gangs provide a
mated that 16.5 percent of detention residents were
sense of identity, social interaction, safety, money and
active members of a gang (Knox, Tromanhauser, and
material goods, status, achievement, and a sense of
McCurrie, 1992). Compare this figure with the reported
family, community, and belonging. These are very
gang membership of youth in your detention facility.
powerful inducements for gang involvement, and when
Staff in large urban detention facilities may find this
combined with the sociological theories, create a
figure to be quite low. Unless a comprehensive plan is
powerful rationale for gang involvement.
implemented to address the problems of youth gangs in
Youth Gangs of the 1990’s the United States, the percentage of gang members in
juvenile detention facilities will probably increase.
Although every generation claims that its problems
are unique and that the younger generation is more Motivation for Money. Motivation for gang
troublesome and dangerous than previous generations, membership appears to be economically driven. As
you are entering juvenile detention at a time when some discussed above, gang membership satisfies many of
distinct changes are occurring in juvenile justice. Gangs the psychological needs of adolescents, and current
and violence are a major part of this change. Gangs reports on gangs indicate that these needs are still a
today have a different look than they did in previous prime motivating factor for youth who join a gang.
years. These differences include numbers, sex, age, However, gang members also report that these factors
motivation, classification, and personality. are somewhat secondary to the money available through
the gang. The sale and distribution of drugs by gangs is
Numbers, Sex, and Age. Youth gangs in the
an employment opportunity for many poor, urban youth
United States have grown in number and location, and
who see no hope for the attainment of wealth or
gang-associated problems continue to grow largely
material goods through legitimate means.
unabated. In 1989, one national survey identified gang
activity in nearly every State. Although thought of as a Corporate or Instrumental Gangs. As contempo-
large-city problem, gangs appear in most midsize and rary gangs have organized for the purpose of the sale and
small cities. Accurate statistics on gang membership are distribution of drugs, a new type of youth gang has
unavailable, but estimates indicate that there are more evolved. Traditional classifications have included
than 70,000 gang members in the city of Los Angeles. informal or loosely structured gangs. The majority of
gang activity occurs through the informal gang network.
Youth gangs are a male phenomenon (American
The larger and more organized gang has been known as
Psychological Association, 1993). Although male gang
the territorial gang, and it is this concept of a territorial
members outnumber female members by 20 to 1, gang
gang that is directly associated with “turf” issues.
activity among females is increasing. Girls have always
been a part of the gang membership. However, their The sale and distribution of drugs has brought
role and participation in the gang has changed. Girls are about an evolution in many territorial gangs. The new
becoming more violent and more directly involved in gang includes a greater organization to maximize the
criminal activity. efficiency of the sale and distribution of drugs. Taylor

52
(1990) referred to this new classification as “corporate” for each of these purposes. The illegal nature of the
gangs, while others referred to it as “instrumental” product means that danger is involved in its acquisition,
gangs. For these corporate gangs, Taylor claimed that distribution, and sale. Because of the danger, guns
“the true color of addiction is green [money] not white become a tool of the trade as a means of protecting
[cocaine].” He estimated that one Detroit drug gang was employees and one’s investment in the product. The
doing more than $7 million of business per week during very high profit margins make violence a very effective
the height of its operations. From that perspective, this way of safeguarding the business, and the large amounts
drug gang was one of Detroit’s largest businesses, yet it of money buy the most sophisticated and powerful
paid no taxes. weapons available. As the amount of money increases,
Personality. The personality of today’s gang the value of human life decreases.
member is difficult to pinpoint. Spergel’s (1992) review Increased Violence. Goldstein (1991) identified
of the gang literature indicated that no particular pattern the following factors that increase the amount of
of personality dominated gang membership, which may violence associated with gangs:
be a factor of the wide range of gang classifications. If • Environmental enhancers. Violence is
corporate gangs have a broad-based appeal for member- enhanced by the drug-related activities of the
ship because of money-making opportunities, more gang.
youth with “normal” personalities may be joining gangs ■ Gang fighting is more about selling drugs
for economic reasons rather than to meet frustrated
and economic territories than it is about
psychological needs.
traditional “turf” battles.
Other gang experts argue that gang members
■ Territory remains an issue because of
include a disproportionate number of youth with
increased mobility.
problems. Taylor believed that gangs contained many
■ A disproportionately high number of gang
youth who had a distorted sense of American values.
Their view of the American dream incorporates illegal members carry guns, and these guns are
means to get money, including murder. Others note that significantly more lethal and easier to use
sociopaths are particularly drawn to gangs, especially at than previous weapons.
the informal or scavenger gang levels (Goldstein, 1991). • Qualities of gang members. Violence is linked
Taylor analyzed the responses of many gang to the increased number of gang members and
members to various questions about gang activities. to the increased age of gang members.
When asked if drug gang activity was wrong, a ■ Greater numbers affect violence in the

14-year-old corporate gang member from Detroit following ways:


responded: First, the group has a tendency to encourage
Wrong? What’s wrong? I’m just selling violence through a depersonalized process.
suckers what they need. If they want it I got it, Similar to mob violence, in which frenzied
why not! People get high all over the world behavior can turn quickly into violent
and anyway everybody gettin’ high ... what’s behavior, gang violence gains quick support
illegal? Selling dope is just business. The way when individual responsibility becomes lost
I see it, rollin’ [selling drugs] is the only way a in the large group.
fella can make it today. Second, the increased numbers of gang
members mean that there are probably more
Drugs and Violence sociopaths involved in the decisionmaking.
Gangs are a primary concern to juvenile justice This increases the likelihood that violence
professionals because of their link to drugs and vio- will become a part of gang strategies and that
lence. The sale and distribution of illegal drugs is a big it will receive support from gang members.
business, and corporate gangs are the organizations that When the peer value system that fulfills or
run the business. In business terminology, drugs are the satisfies the basic psychological need for
product. Supply is good, and demand is high. Therefore, belonging also endorses violence, individuals
a system or mechanism is needed for the acquisition, will quickly accept the idea that violence is
distribution, and sale of the product. Sales territories acceptable.
must be established so that salespersons can maximize
distribution and sale of the product. Employees are
recruited (sometimes referred to as “posse” or “crew”)

53
■ Older gang members are more inclined to the family, television, the community, and American
carry guns and to use violence and aggression culture. Violence is a predominant means of conflict
as a way of maintaining their dominance in resolution in the United States. Elementary school
the gang. principals report an increasing number of angry en-
■ A common trait of gang members is the need counters with parents who have advised their children
for respect. Violence as a form of power, to use violent behavior in response to almost any
domination, and superiority satisfies many of offense or provocation. Taylor (1990) focused on the
the personal needs of those gang members importance of the mother as a powerful source of
who have low self-esteem. Childhoods approval for violent and illegal behaviors. One gang
associated with abuse (physical, sexual, and member told him, “My momma talk about how proud
emotional) and rejection produce anger and she is of me making doughski [money]. She used to dog
self-doubt. Violence is very effective for me and say I wasn’t ‘shit,’ but now she’s proud.”
demonstrating strength, power, status, esteem, The implication for juvenile detention caregivers is
and authority within the gang. important. Counseling strategies in short-term detention
■ Law enforcement and juvenile justice pro- are not likely to change the opinions of youth gang
fessionals describe a “new breed” of gang members concerning illegal and violent behaviors when
delinquent. The characteristics used to these behaviors are endorsed and supported by the gang
describe the new breed parallel the traditional and family members. Taylor warned juvenile justice
definition of a sociopath. The lack of con- professionals that the most difficult youth to work with
science, remorse, and responsibility is a were those who received maternal approval for the
concern for juvenile detention caregivers. money generated by drug-related gang activities. He
Although the sociopathic nature of gang wrote, “If momma says it’s OK, it’s OK; and there’s not
members may be a function of the disintegra- much you’re going to do about it.”
tion of social institutions—such as family, On a more positive note, a comprehensive analysis of
schools, and churches—these antisocial gang interventions reveals numerous programs with
values are reinforced by the gang. positive results (Goldstein and Huff, 1993). Intervention
• Immediate provocation. For reasons that are strategies are available to address social skills, moral
not altogether clear, violence is associated with development, family preservation, school-based services,
a wide range of issues that trigger aggressive employment training, recreation, community involve-
behaviors by gang members. ment, and law enforcement. These strategies parallel the
components of effective violence reduction programs for
Summary adolescents that focus on problem-solving skills, assis-
Violence has become an acceptable problem- tance to families at-risk, reduction of central nervous
solving strategy for youth gang members. Although system trauma, controlled access to firearms, and
violence is reinforced by the gang, it does not have its enhanced racial and ethnic identity (Bell and Jenkins,
origins in the gang. The acceptance of violence has its 1990, 1991, and 1993; Jenkins and Bell, 1992; and Roth,
origins in the lessons learned in early childhood from 1994). Effective strategies are available.

54
Chapter 5 Rights and Responsibilities of Staff and Youth

Juvenile detention personnel should have an under- Liability


standing of their rights and responsibilities as well as
those of the minors they are serving. Provision of Generally, liability is a legal concept that should be
detention services is becoming more demanding year by viewed as one that is dynamic rather than static. Often,
year. As society grapples with the dilemma of providing liability is not a subject that can be analyzed in the stark
treatment while sanctioning misbehavior by minors in contrasts of black or white but more typically involves
trouble with the law, detention staff are often expected to shades of gray. Furthermore, liability is often quite
perform professionally under adverse conditions. complicated and requires knowledge of legal principles
This chapter will inform you about your potential as well as an understanding of how those legal prin-
liability while working with minors in detention and ciples interact with detention conditions. This article
give you a greater understanding of the legal require- will not delve deeply into the realm of liability but will
ments imposed upon detention personnel. For addi- address the basic principles of liability.
tional information about legal liability of juvenile More specifically, 42 U.S.C., sec. 1983 is a Federal
justice staff, see the following: Bell (1992) and statute that allows citizens to sue Government officials for
Chapter 2 of the Desktop Guide to Good Juvenile violations of their constitutional rights.1 It provides that:
Probation Practice (NCJJ, 1991). Every person who, under color of any statute,
ordinance, regulation, custom or usage of any
State or territory subjects or causes to be
Parens Patriae subjected any citizen of the United States to the
deprivation of any rights, privileges and
Detention personnel are the embodiment of the
immunities, secured by the Constitution and
longstanding mandate of the juvenile court. With the
laws shall be liable to the party injured in an
establishment of the first juvenile court in 1899, the
action at law, suit in equity or other proper
doctrine of parens patriae set the agenda for the pur-
proceeding for redress.
pose of the juvenile justice system and those working
under its auspices. Parens patriae recognizes the In applying §1983, the courts will always strike a
State’s authority to intervene in family matters to balance between the institutional interest in public
protect the State’s interest in children. Legally, the safety and security and the minor’s constitutional rights.
doctrine holds that in order to protect the State’s Liability for detention workers often depends on where
interest, the juvenile court and its officers have the the balance is struck. Good practice and good workers
right to intervene benevolently in directing the care understand this, and they approach difficult day-to-day
and custody of the State’s youth. decisions with this balance in mind.
Detention personnel are given tremendous A detention worker can be liable for violating
authority over minors in their custody. This significant the rights of a minor depending on the following
authority is accompanied by significant responsibili- circumstances:
ties. It is this authority-responsibility connection that • Duty.
good detention workers must balance to provide high- • Official policy.
quality services in a professional manner. Abuse of
that authority can result in serious liability to indi- • Knowledge that the acts were unreasonable.
vidual workers, the facility, and the county. Thus, • Pattern of conduct.
your decisions are important to yourself, your co- • Causation.
workers, and the detained youth. It is not an overstate-
ment to say that your judgment could be the differ- Duty
ence between life and death. Therefore, it is important Detention workers have a minimum duty to keep
that you understand that your duties are paramount minors safe from harm and to provide them with
pursuant to parens patriae. education, recreation, and other forms of programming.
Duty means providing more than “three hots and a cot”
(three meals per day and a place to sleep).

55
Official Policy The various treatment mandates result from a
combination of court opinions and professional stan-
For liability to attach for violation of constitutional
dards. This article will assist you in understanding the
rights, there has to be an official policy that is being ap-
minimum guidelines for the appropriate treatment of
plied. Official policies include actions that are specifically
covered in the policies and procedures manual or that minors in your care and custody.
directly contradict what is contained in that manual.2 Classification
Furthermore, official policy also includes spoken direc-
tions and practices implemented by staff members. Most States have laws requiring certain forms of
classification, such as separating males from females,
Knowledge adults from children, dependent children from delin-
quent children, or preadjudication youth from post-
This requirement focuses on reasonable behavior
adjudication youth. Most facilities have their own
of detention staff in any particular situation. If you act
written regulations for classification, and most have
reasonably, you have very little to fear. If your acts are
additional regulations on the separation of individuals
deemed unreasonable, then liability may attach.
accused of violent offenses, individuals with infectious
Reasonable behavior by detention workers is deter-
diseases, or individuals with violent propensities.
mined by looking at professional standards3 and
practices by other professionals in the field. One of the most crucial classification issues for
liability is the separation of known violent individuals
Pattern of Conduct from more vulnerable children. Much of the case law on
This requirement ensures that liability only atta- classification arises from situations when someone was
ches when governmental practices are ongoing, not injured or killed because he or she was placed with
accidental. Therefore, detention workers are usually violent individuals.4 A number of juvenile cases discuss
insulated from liability for mistakes in judgment that do the need to protect children from harm by other children.5
not affect constitutional rights. The courts usually want Statistically speaking, approximately 1 out of 10
to sanction conduct that is intentional and deliberate. youth who are arrested only once or twice will grow up to
become career criminals. This means that many of the
Causation minors in juvenile detention centers and some of those in
Finally, liability is complete if the previous factors State training schools are lightweight offenders. There-
are met, and those factors are found to have actually fore, detention staff should be aware not to put these
caused the constitutional violation of the minor. If the youth in situations that will make them vulnerable to the
above-mentioned criteria are met, then a detention predations or attacks of more sophisticated juveniles.
worker may be found liable. A good classification system sets a good founda-
What are the consequences? Depending on the tion for decent care and custody. If you believe that a
severity of the violation, sanctions for liability of de- child is inappropriately placed, you should be able to
tention workers can range from disciplinary action to articulate those reasons and raise them with a supervi-
judgments against the worker’s personal assets. There- sor. Protect yourself and the minor by always being
fore, it is in your best interest to know good detention aware of changing behaviors during the detention
practices and to conform your conduct accordingly. period.

Health Screening and Care


Conditions of Detention At a minimum, every facility should have a
screening mechanism for new minors (usually an
The relationship between liability and the condi- interview and a physical examination) that looks for
tions of detention for minors is very close. Therefore, (a) communicable diseases, (b) alcohol or drug intoxi-
new detention workers should be well aware of the cation, (c) pregnancy, and (d) medication necessary for
requirements of the law regarding the treatment of an ongoing condition (e.g., epilepsy, diabetes, or
minors. In this context, treatment does not signify a asthma). Minors exhibiting any of the first three
therapeutic strategy. As early as 1961, the National conditions should not be placed in the general youth
Council on Crime and Delinquency (NCCD) used the population until they have received specific medical
words “treatment of youth in detention” to mean “the treatment.
manner in which youth are dealt with” in detention For long-term stays, children should also have their
(Norman, 1961). vision, teeth, and hearing checked. Although the screen-
ing should be done by trained personnel, it does not

56
have to be performed by a physician. If a physician protect these youth from harm or, more important, to
does not perform the screening, it must be done by a identify symptoms that may be treated by the appro-
nurse practitioner or physician’s assistant. It is not priate persons.
sufficient to have a nonmedical staff person run through Children should have a basic psychological
a brief checklist. In Robyn A. v. McCoy, a case involv- screening upon entry into detention. This screening
ing the Multnomah County detention center, the court device should be developed by a mental health pro-
mandated that health screenings include: fessional. Furthermore, the mental health professional
• Determination of: should train detention workers on using the form and
■ Current illness and health problems, includ- interpreting responses that the form may elicit from
ing sexually transmitted diseases and other minors. At minimum, the form should address issues
infectious diseases. of depression, potential suicidal behavior, and
■ Dental problems. psychological history.
■ Alcohol and other drug abuse problems,
Likewise, if a minor is going to be detained for
including types of drugs used, mode of usage, some period of time after the detention hearing, then a
amounts used, time of last usage, and side mental status examination should be given. Further-
effects after usage has stopped. more, there must be 24-hour access to psychological
• Observation of: services. Although the law does not require the institu-
■ Behaviors, including state of consciousness, tion to provide ongoing counseling or therapy sessions,
mental status, appearance, conduct, tremors, the best practice is to include a way for children to talk
and sweating. about their problems as part of the detention program.
■ Condition of skin, including trauma mark-
If children are going to be confined in the detention
ings, bruises, lesions, jaundice, rashes and center for a long period of time, there should also be a
infections, and needle marks. professionally developed treatment plan and ongoing
In addition to screening, detention centers must services.6 However, detention workers must be careful
provide adequate medical services. Recent court cases when it comes to the administration of psychotropic
examine the following: drugs. Administration issues that affect detention
• Availability of a full-time doctor. workers are (1) qualifications and training of dispens-
ing staff and (2) recordkeeping.
• Provisions for regular sick call.
Staff have to be trained in the dispensation of drugs
• Dispensation of prescription medications by and should recognize adverse effects. Recordkeeping
nonmedical personnel. involves a log that specifies the following:
• Provisions for handling medical or dental • Name of each child.
emergencies.
• Name of medication.
• Provisions for notifying parents of medical
• Amount of dosage.
problems.
• Frequency of administration.
• Provisions for medical services for inmates
with ongoing medical needs. These records should be regularly monitored by the
prescribing psychiatrist.
Proper HIV/AIDS training is also important for
new workers. Although this chapter does not address Access Issues
this particular issue, workers should receive training on
These issues involve the right of access to family
confidentiality and universal safety techniques.
and other important people in the lives of detained
Psychological Care youth. When thinking about access issues, detention
workers should remember that some children have not
Many children who enter detention today have
been adjudicated delinquent and that they are subject to
more emotional problems than in previous years.
facility practices until an adjudication hearing occurs.
Children are under increasing pressures to be emotion-
Because the juvenile justice system encourages treat-
ally healthy in very unhealthy times. Obviously, chil-
ment and habilitation, children and families should have
dren who are detained are in trouble or just beginning
significant access to each other, and access should only
to exhibit behaviors that require societal attention. It
be limited when necessary for institutional security or
is a legal imperative that detention centers do psycho-
other appropriate reason.
logical screenings and provide psychological care to

57
Visitation. The right of the detained minor to by staff if there are grounds to believe that the mail
visitation is constitutionally protected.7 Detention contains escape plans, plans for criminal activity, other
facilities should ensure that visits can be scheduled at plans to violate the law (e.g., a death threat against
least twice weekly and that visitors can make arrange- someone), or obscenity. Even then, the staff must be
ments for special visits. Finally, visitation should not be able to articulate those grounds in order to open and
reduced by staff shortages. Visitation is a right, and it is read the mail. It is not enough for staff to just have a
the institution’s obligation to have adequate staff to feeling or a hunch. Unless staff can demonstrate some
ensure that visits can occur as appropriate. factual basis to support their feelings, the mail may not
It should be noted that the right to visitation, like be read. There must be a particularized showing, based
any other right, is not absolute. The institution may on the specific detainee’s record or other facts related to
cancel visits or refuse to allow certain parties to visit if institutional security.
there is a reasonable belief that the persons are bringing As a practical matter, the facility should do its
in contraband or if there is a safety or security justifica- inspection for contraband in the presence of the minor
tion for denying a visit. or have a minor monitor to ensure that staff are not
Telephones. During the admission process, the reading the mail when it is inspected for contraband.
American Correctional Association standards require Otherwise, if children receive letters that have been
two phone calls.8 inspected outside their presence, the facility is leaving
Although case law does not set an absolute itself open for complaints that staff did more than
requirement for telephone use, the facility must provide inspect for contraband. The handling of outgoing mail
“reasonable” access to telephones. A youth should be should be the same. Minors should be able to seal their
allowed to make a minimum of two calls per week, and mail when they give it to staff for mailing. If this
those calls cannot be taken away for disciplinary procedure is followed, it cannot be argued that staff
purposes.9 The calls may be made to whomever your read the mail when they inspect it before sealing.
telephone policy designates as proper recipients of Detention staff should know that if they have a
calls. Proper recipients usually include parents, rela- suspicion that children are planning escapes or planning
tives, attorneys, and probation officers. violent acts and gang activities through the mail, then
With the recent advent of three-way calling and call the mail can be censored. The law lists the following
forwarding, many institutions believe that they should circumstances for censorship:
be able to monitor phone calls to ensure that detainees • Whether the connection between the regulation
are not contacting victims, arranging for retaliation, or and the justification is so remote as to render it
making calls for some other illegal purpose. Presently, arbitrary or irrational.
the law has not caught up with the advances in technol- • Whether there are alternative means for inmates
ogy. However, detention workers should keep this rule to exercise their rights.
in mind: You must have some demonstrable suspicion • Whether accommodation of the right will have
that there is a justification to monitor the call. If the an impact on other inmates and staff.
suspicion is only a “hunch,” it will probably not be
• Whether there is an obvious, easily available
enough. If there is some other type of demonstrable
alternative to the regulation, which accommo-
evidence, document it and check with your supervisor
dates the inmate’s rights at little cost to peno-
before monitoring the call.
logical interests.
Mail. Sending and receiving mail is a protected
constitutional right. 10 For that right to be utilized, Programs
detention centers have an obligation to provide writing Programming involves the daily schedule of the
materials and stamps. Mail is categorized into two institution. It includes issues like education and
types: privileged and nonprivileged. recreation. A detention center should be a place where
Privileged mail is sent between the child and his or the children and the staff interact during daily activi-
her attorney, a judge, a legislator, or some other public ties. It should not be a place where staff stay in the
official. It is usually designated as such on the envelope “pen” or “cage” and are not encouraged to mingle
(e.g., legal mail).11 Privileged mail may not be opened with children. Good detention practice keeps children
by staff, except to inspect it for contraband. busy and active. The more idle time children have, the
Nonprivileged mail refers to all other mail. Mail more trouble they will cause.
from someone outside the facility to a detained child Education. Education is really the prime mode for
may be inspected for contraband but may only be read providing programs to confined children. State law

58
requires children to attend school until a certain age, • This identification process requires contacting
and juvenile institutions must comply with State law the child’s last known school to determine if he
requirements. It may also be the single most important or she was tested; in the absence of this infor-
service institutions can provide, because many children mation, the institution must conduct testing on
in institutions are behind in their studies or have the child.
actually dropped out of school. Once the child has been assessed, the facility must
Education services should begin after a child has a provide special education services. These services
detention hearing (usually within 3 days). There should include having instructors certified in special education
be a daily minimum of 5 hours of instruction provided to meet the child’s individual educational needs.
by qualified teachers. Furthermore, there should be Finally, special education needs are critical for
adequate space in the instruction area, which should be detained children. Detention workers should be aware
quiet enough for learning to take place. There also of this potential and assist in any way possible to ensure
should be sufficient numbers of teachers. that children are being properly served.
In many jurisdictions, the local school district Recreation. Recreation involves two issues:
provides the education. Often, teachers are not used to (1) access to fresh air and (2) exercise and structured
working in detention, and when children misbehave in recreation.
the classroom, teachers send them to their rooms. It
It is especially important that children have access to
should be understood that the institution has an obliga-
fresh air for at least 1 hour on a daily basis, if weather
tion to educate children even if they are being confined
permits. This is true even in cold climates. Detention
in their rooms for disciplinary reasons. Detention staff
centers should have sweatshirts and coats so that children
and school personnel should work together to formulate
may go outside when it is not inordinately cold.
an educational program so that children can participate
while in their rooms. Access to fresh air is a different situation for the
detention of children than for adult detention. Children
Special Education. One of the great tragedies of
need fresh air and need to be active as part of their growth
our system is that many of the children who become
and development. For this reason, children should also
delinquent have undiagnosed learning disabilities or
have access to 1 hour of large-muscle exercise as part of
other emotional problems that have gone undetected or
their daily routine. Not only is this important for the
unaddressed by the school system. These children will
health and development of children, but it also enables
become further behind in their studies and more alien-
them to relieve tension and frustration that otherwise
ated from the school system if their problems are not might result in misbehavior. Good detention practice
addressed, even belatedly. involves keeping children busy and active.
It has been estimated that at least 30 percent of the Often, children being disciplined are denied recre-
children in juvenile institutions are educationally handi- ation and large-muscle exercise, which is a violation of
capped as defined by the Federal Individual With the youth’s rights. The facility should provide supervised
Disabilities Education Act.12 Institutionalized children exercise for children who pose the risk of escape or who
are constitutionally entitled to a free and appropriate pose disciplinary problems. Simply having a child walk
education under the Individuals With Disabilities up and down the unit is not large-muscle exercise and
Education Act. does not comply with the law.
Most institutions do a poor job of implementing
the special education laws, and very few offer the
special education services required by the Federal law Training
and corresponding State statutes. Most lack the ability
to appropriately screen and identify children who As a detention worker, you should not be placed in
need special services, and few do an adequate job of the position of working with children in detention
developing individualized educational plans or without having some training. Detention center admin-
implementing them. istrators have a duty to hire qualified people, to train
The Individuals With Disabilities Education Act is them adequately, and to supervise them to ensure that
a very specific statute. Because of space limitations, a they are implementing the training.
full discussion cannot be devoted to this subject here. Typically, a detention worker should receive
However, the act’s basic premises are as follows: 40 hours of preservice training and 40–80 additional
• Children must be identified as needing special hours of inservice training during the first year of
education services. employment. Similarly, volunteers should receive the

59
amount of training appropriate to their assignment. you should be trained in crisis diffusion techniques so
Training subjects should include: that you can deescalate a situation before restraints
• Security procedures. are necessary. Restraints are to be used only to get a
child who is out of control back into control. You
• Supervision of juveniles.
cannot use restraints to punish a child. If you are
• Signs of suicide risk. confused about the difference, please seek clarifica-
• Suicide precautions. tion from your supervisor.
• Use-of-force regulations and tactics. Hard Restraints. Handcuffs (metal) are not to be
• Report writing. used to handcuff an out-of-control minor to a stationary
object (e.g., bed post). Handcuffs may only be used to
• Juvenile rules and regulations.
transport a minor from one part of the facility to an-
• Rights and responsibilities of juveniles. other, anywhere off premises, or to court.
• Fire and emergency procedures. Soft Restraints. Soft restraints are typically
• Key control. padded leather wrist or ankle straps that can be used to
• Interpersonal relationships. immobilize youth. Furthermore, if you have a minor
properly restrained in soft restraints but the minor
• Social and cultural lifestyles of the population.
continues to struggle against those restraints for more
• Adolescent growth and development. than 15 minutes, then a mental health worker should be
• Communication skills. called. Something more complex than a disciplinary
• First aid and cardiopulmonary resuscitation problem is occurring if a child continuously struggles
(CPR). against restraints for 15 minutes or more.
Remember, you should not work a shift without Protect yourself and call a supervisor if you believe a
training. You may be liable, and so may your supervisor. child is uncharacteristically agitated. Similarly, restraints
should not be used just because staff do not want to deal
Fire Safety with a minor’s problems. This practice demonstrates
Enough emphasis cannot be placed on fire safety in laziness and can result in significant liability.
a juvenile detention center. It is a life and death matter.
Isolation
Never underestimate how fast smoke and fire can move
through a facility. At minimum, the facility you work in Your policies and procedures manual should be
must have the following: very clear about this issue. If isolation is to be used at
all, it should be for short intervals (only so long as the
• Smoke detectors or similar monitoring devices.
child is actually violent or out of control), and the child
• A written evacuation plan, with posted dia- should be monitored constantly. Any isolation for more
grams, available to youth and staff. than 24 hours must be approved by the facility director.
• At least two means of escape from the facility Children must be seen by a counselor if they are put in
in case of fire. isolation for more than 2 hours. There should be a
• Working, fully charged fire extinguishers. progressive system of discipline that has rewards as
well as sanctions. That is, you should have at your
• Smoke lights that mark exits.
disposal a variety of sanctions which increase in
Fire drills should be conducted on a regular basis severity according to the minor’s conduct.
and documented. Recent lawsuits have also required
The child should be placed in his or her room, if
electronic locking hardware on all doors to sleeping,
possible, and allowed to wear his or her clothing. The
holding, and isolation cells as well as all interior
minor also has the right to basic necessities, such as
corridors and exterior exists. All electronic locks should
bathing and exercise. Children should be given books,
have manual override capabilities and should be
writing materials, and articles of personal hygiene while
operable remotely from the main control center and
in isolation.14 Reasons for isolation, length of isolation,
from the unit.13
and the child’s behavior during isolation should be fully
If you believe that your facility has any deficien- documented. Again, isolation should not be used for the
cies, please alert your supervisor immediately. convenience of staff or for substitute programming.
Restraints
Although restraints also require specific training,
a few issues can be addressed in this context. First,

60
Due Process If you feel uneasy about the procedure for strip
searches or if you have questions about whether or not
Due process means that minors should be treated strip searches are too intrusive or are being done properly
fairly when they are being disciplined.15 As part of at your facility, alert your supervisor immediately.
this fair treatment, all minors should have the rules
explained to them in their primary language. Thus,
every detainee should know what the rules are and Overcrowding
what types of behavior violate the rules.
Furthermore, prior to the imposition of discipline, The most recent study by the Office of Juvenile
a minor has a right to be heard regarding his or her ver- Justice and Delinquency Prevention (Parent et al., 1993)
sion of events. Minors also have the right to a due pro- documents what many line workers in detention already
cess hearing prior to serving all of the time imposed know. Most detention centers around the country are
for the misbehavior. The hearing does not have to be overcrowded. Overcrowding places a burden on both
elaborate, but juveniles should not have served all of staff and minors. Programs are restricted; violent
the room time before receiving a hearing. This proce- incidents increase; morale suffers; and the general
dure is a common sense one and helps ensure that quality of life deteriorates. However, overcrowding is
minors and staff are treated fairly. not a legal excuse for failing to follow adequate
detention practices.
Grievance Procedures You should know that even if your facility is
Grievance procedures enable a child to grieve daily overcrowded, you still have to provide the services
life issues that do not involve discipline (e.g., food mentioned in this article. You should also continue to
quantity or quality). The basic elements of adequate alert your supervisors about how overcrowding affects
grievance procedures are (1) notice to the children of your work and urge them to have those people who can
the availability of grievances, (2) a clear and simple reduce the population correct the problem.
procedure for children to present their grievances to
staff, (3) prompt investigation of grievances (usually 3
days), (4) opportunity for children to present grievances Conclusion
to an impartial person, (5) notice to children of the
decision of the impartial person, and (6) the taking a Your work is becoming more important as society
final action. grapples with the increasing number of children in
trouble with the law. Therefore, it is important for your
Strip Searches safety and the safety of the minors you supervise to know
Strip searches cannot be addressed adequately here. good detention practice and to act professionally based on
At minimum, you should know that the higher the level your knowledge. Take your job and its responsibility
of invasion of the search, the higher the justification has seriously, and we all will benefit as a result.
to be prior to the search. Most policies that allow strip
searches after contact visits or after the minor has left
the facility property have been upheld by the courts.

61
Endnotes
1
Those rights include the right to due process before 7
deprivation of liberty, the right to association, the Taylor v. Armontrout, 888 F.2d 555 (8th Cir. 1989).
8
right to free expression, and the right to bodily 3–JDF–SA–111SJD–5A–09.
integrity. 9
Doe v. Holladay, 1982 (consent decree).
2
See, Monell v. Department of Social Services, 436 10
Turner v. Safley, 482 U.S., 107 S.Ct. 2254 (1987).
U.S. 658, 98 S.Ct. Rept. 2018 (1978) and Spell v. 11
Wolff v. McDonnell, 418 U.S. 539, 574–77, 94 S.Ct.
McDaniel, 591 F.Supp. 1090 (E.D. North Carolina 2963 (1974).
1984). 12
3
20 U.S.C. SS1401 et seq. (formerly Education of the
Examples include the American Correctional Asso- Handicapped Act).
ciation Standards for Juvenile Detention Facilities 13
(1991) and the American Bar Association Standards. Robyn A. v. McCoy, Civ. No 90–1151–Fr (D. Ore.
4
1992).
Smith v. Wade, 461 U.S. 30, 103 S.Ct. 1625 (1983). 14
5
Davenport v. Robertis, 653 F.Supp. 649 (W.D. Ill.
See D.B. v. Tewksbury, 545 F.Supp. 896 (D. Or. 1982)
1987).
and H.C. v. Jarrard, 786 F.2d 1080 (11th Cir. 1986). 15
6
Wolff v. McDonnell, 418 U.S. 539, S.Ct. (1974).
Gary W. v. Louisiana, 437 F.Supp. 1209 (E.D. La.
1976).

62
Chapter 6 Professional Issues in Juvenile Detention

Work in juvenile detention is neither a high-status A Definition


nor a glamorous career. When people learn that you are According to Webster’s Dictionary, a professional
a careworker in a juvenile detention center, you will is “someone engaged in or worthy of the highest
probably get two responses. The first one goes some- standards of a profession.” Webster further defines a
thing like this: “Oh, my, that must be a very challenging profession as “an occupation requiring advanced
job, and I’ll bet it requires a very special person to work education and training that involves intellectual skills.”
with those children.” The second response is even more Four sets of questions emerge from this definition.
predictable and follows immediately: “Well, what do
you think of this weather?” • What are the standards for the juvenile deten-
tion profession? Are existing standards mini-
Chapter 4 discusses “those” children. Now it is
mal, or do they reflect the highest levels of
time to look at the “special” people needed for effective
attainment? Is an individual, by this definition,
juvenile detention.
a professional if he or she strives to attain only
minimum standards?
Professionalism • What is the juvenile detention occupation?
Does juvenile detention require advanced
The words “professional” and “professionalism” are education? Is a high school diploma considered
used frequently when describing a variety of jobs, advanced education? If there are no academic
especially those that deal with difficult situations or programs for juvenile detention services at the
clients. In some cases, these words are used to convey a college level, what is an appropriate course of
sense of appreciation for exceptional job performance— study to attain advanced education? Is advanced
for example, “The staff displayed a high level of profes- education measured by (a) a degree conferred
sionalism throughout the emergency.” Individuals often by a college or university, (b) certification as
use the term “professional” to reflect pride in their job— measured by performance on standardized tests,
for example, “Despite the low status and unpopular or (c) a panel review of education, training, and
working hours, institutional staff are true professionals.” experience?
The term professional also is frequently applied to • What is advanced training? How are the needs
problem situations when individuals follow policies, for advanced training determined? Who
procedures, or orders even though it is reasonable to provides the training?
believe that other action may have produced better • What are intellectual skills? Do intellectual
results. Many times, this approach is an attempt to skills imply discretionary judgment beyond the
move responsibility or liability higher into the system— bounds of policies and procedures?
for example, “Despite the outcome, the officers acted These questions are at the heart of an understand-
professionally by strictly adhering to policies and ing of juvenile detention as a profession. Efforts by the
procedures.” In these situations, professional means that National Juvenile Detention Association (NJDA), the
the worker removed the discretion from the job and American Correctional Association (ACA), the Na-
followed policies and procedures without exception. An tional Council on Juvenile Family Court Judges
example of this is the Ohio State Highway Patrol. (NCJFCJ), and the Office of Juvenile Justice and
Officer interactions with motorists are so “professional” Delinquency Prevention (OJJDP) supply critical
that the officers seem robotic and mechanical, and the information in these areas. Even though progress
average person can barely elicit anything other than a toward the definition of a profession is linked to
few polite “yes’s” or “no’s” from the person behind the national professional associations, such as NJDA, ACA,
mirrored sunglasses. and NCJFCJ, the full development of a profession is
Given these different uses (professional as an also a function of individual line workers. Without the
indication of good job performance, of pride in a low- individual, the pressure on administrators, policy-
status career, and of rigid adherence to policies and makers, judges, and the public to address these ques-
procedures), it is important to define the word. tions will never become strong enough.

63
What Is a Professional? • The professional juvenile detention careworker
How would you know a professional juvenile is the “right kind” of person. Because this
detention careworker when you see one? The Illinois category is rather vague, further references are
Probation and Court Services Association (IPCSA) made to the thoughts of the late Dr. Ernest
addressed this question several years ago and identified Shelley and to the Code of Ethics adopted by
five general characteristics worthy of consideration. NJDA.
• The professional juvenile detention careworker
is well trained. The professional takes full My All-America Team1
advantage of both inservice and offsite training
programs. The professional engages in self- by E.L.V. Shelley
evaluation and works to correct skill deficits.
It is my good fortune that during virtually
The professional demands ongoing job perfor-
all of my professional life, I have had the
mance evaluations, participates in the process,
opportunity to be active in developing,
and actively seeks ways to improve perceived
supervising, and evaluating good institutional
job skill deficits. The professional reads
programs for offenders who have become
professional journals, newsletters, and selected
involved in either the juvenile or the adult
texts. The professional is a member of State,
justice systems.
local, and/or national associations. The profes-
sional is constantly asking, “How can I do my Although I agree with Jerry Miller that
job better?” reforming institutions is a very difficult job
and a bit futile because, as he believes, the
• The professional juvenile detention careworker
whole job has to be done over again every 5
knows the rules and plays by them (policies and
years, I do not agree with him that it is,
procedures). The professional knows policies
therefore, a waste of time. Institutions of the
and procedures, understanding why they require
correctional type do have a legitimate place in
certain kinds of behavior on the part of staff.
our efforts to deal effectively with offenders,
The professional understands the system and
and if they are intelligently planned and
knows how it works. The professional under-
effectively supervised, they can make special
stands policy and procedure development so
contributions.
that changes in policies and procedures can be
implemented quickly and efficiently to increase As I see it, there are several basic ingredi-
the quality of care to detained youth. The ents if we are to have a good institution. They
professional adheres to policies and procedures are: (1) goals, (2) staff of the right kind, (3) a
as the best defense against liability (see Chap- therapeutic atmosphere, (4) adequate involve-
ters 2 and 5). The professional is proficient at ment by the community, and (5) a careful,
observation, report writing, and other forms of periodic, and competent evaluation of what has
supervision. been accomplished.
• The professional juvenile detention careworker Staff of the Right Kind
is an effective problem solver. The professional I have been asked to address myself to
remains calm and emotionally neutral during the problems of finding and maintaining the
crisis situations. The professional is noncon- kind of staff which we want and need if
demning and nonjudgmental of detained youth. institutional goals are to be achieved. It is my
The professional depersonalizes a youth’s anger firm conviction that in the last analysis, the
and aggression. The professional is adept at problems of people who are having difficulty
verbally and nonverbally deescalating a youth’s functioning in society are problems or
inappropriate behaviors. disturbances in their interpersonal relation-
• The professional juvenile detention careworker ships and that the correction of these prob-
is a helper. The professional has made a per- lems logically involve[s] repairing those
sonal commitment to helping troubled youth relationships. In other words, the problems of
and looks for the potential in every situation to juvenile offenders in the last analysis are
help youth change. problems with their relations to people, and
they can only be solved by interactions with
people. Buildings, equipment, money, and so

64
forth may be the means to an end, but they many of the experiences in the system say
are not the indispensable stuff of which good loudly and clearly to juveniles, “You are a lost
treatment is made. cause!” And, therefore, they are “lost causes.”
To have the kinds of people whom we Goethe, the great German poet-philosopher,
want staffing our institution, we must be sure said “Treat a man as he is, and he will stay as he
that the selection process brings us the right is; but treat a man as if he were becoming what
kind of people in the first place. The kind of he could become, and he will become it.”
person one “is” is incredibly more important Human personality is dynamic; it is never
than the kind of training or experience one has irretrievably set. There is no good scientific
had. If we start with the wrong kind of evidence to sustain the idea that by age 2 or 22
persons, then training just simply makes them or 42, the pattern of human personality is so
more competent incompetents. If we start with deeply set that change is not possible. I have
the wrong kind of persons, experience teaches been in the business of helping staff produce
them the wrong things, and they just wind up change in offenders young and old, and nobody
being more entrenched in error. If we have the could ever get me to accept for one hot little
best kind of people in the beginning, they minute the idea that at some point in life, our
respond quickly and effectively to training and maturation and growth have to stop. It may stop
experience, which simply enable them to do because we let it stop or because others encour-
well that which comes naturally to them. age us to believe it has stopped, but the poten-
tial for change is still there, and this must be
The Qualities spoken, too! And when it is stated effectively,
Here are some of the qualities that I look miracles happen.
for in the kind of staff person I want to have • My ideal staff person not only believes in the
working on my team in my facility: potential of people to change their lives, but he
• I want an optimist. I want a person who is or she must be able to recognize change when it
always able to see the constructive positive in comes. This sometimes means that you accept
a situation or a person, even though that might much less change than you had hoped for or
be a relatively small part. The basic difference expected or that the process is much slower than
between an optimist and a pessimist is that the you had hoped. Yet you must be able to see
pessimist looks at the pitcher of water and says, growth when it happens. You need this in order
“It’s half empty,” and the optimist looks at the to keep yourself encouraged and in order also to
very same pitcher of water with the same encourage the troubled person you are trying to
volume in it and says, “It’s half full.” They are help. We must recognize the change, must hold
both right, but their attitudes are considerably it up, and must help the other person to see it.
different. Now, I am not advocating a fatuous We don’t try to give them the idea that they
optimism or a Pollyanna approach to life that have arrived, but we do continually help them
says, “Everything is just lovely,” and ignores to see that they are on their way.
the problems. But I do want a person who can • There must be a deep respect for the sacredness
always find something real and worthwhile in of personhood. God doesn’t make junk. People
the messy situation or in the troubled person are not expendable. My religious faith teaches
and still be encouraged to keep on trying. In me that every person is known to his or her
the last analysis, we frequently go just about Creator and is created for a purpose. I may not
as far as our confidence and faith in the future understand the purpose, but I believe it exists,
will let us. and I look for it with awe, perseverance, and
• I want a person who believes deeply and wisdom. My involvement in the shaping of
unshakably in the potential of a human being to personality is a high and holy calling. Person-
change. I want a person who can agree with me hood is our only immortality.
that there are no hopeless cases, only people Emerson said, “The day you die everything that
who feel hopeless about them. To help people you own automatically and immediately passes
change, you must somehow radiate a confi- in ownership to other people. The only thing
dence and conviction that they have the poten- that you can keep as your own is what you were
tial to do so. Too many professionals and too and are.” Our personality is our most valuable

65
legacy and is an intensely personal possession. • I want those who are able to expect and
People are not pawns in a chess game or merely recognize good change.
things to be played with in the laboratory for • I want those who respect personhood.
someone’s amusement. They are human beings
• I want those who care in a wholesome,
in process of development, and we should be
healthy, effective way.
proud to have some part to play in that develop-
ment. This, by the way, is also our legacy • And I want those who can function well as a
because we leave to the world the impact we team member.
have made on those with whom we have Troubled people are changed by people who care,
worked. who believe in the future, and who revere the most
• The good staff person is capable of caring— precious thing in the world—human personhood.
caring a great deal, not just a little! Also, do we
care enough to sometimes stand off and not
interfere? The good careworker possesses this NJDA Code of Ethics2
quality, and the lack of ability to care for those
whom we are trying to help is the Universal NJDA exists exclusively to advance the science,
sign of the incompetent and misplaced worker. processes, and art of juvenile justice and detention
If we cannot care about people, then we have no services. NJDA contributes to the analysis, interpreta-
concern about what happens to them. This is not tion, understanding, and resolution of detention-related
to urge a maudlin, teary-eyed, sob-sister kind of issues by providing programs, services, policy state-
caring that oozes emotion all over the victim. It ments, conferences, and publications.
is rather simply saying, “I’m here; I care about As an educational, scientific, and professional
what happens to you; and I am willing to do organization, NJDA recognizes that its membership
what I can to be of help to you. I hurt when you reflects the full range of diversity in the juvenile justice
do things that are not good for you. I feel good system. The specification of ethical standards enables
when I see you do things that are good for you.” NJDA to clarify for all members and to those served by
• Finally, a good staff person, in my estimation, is its members the nature of ethical responsibilities shared
a good team player. None of us is wise enough by members.
to have all the answers about any one person all The Code of Ethics serves to stimulate greater
the time, not even the psychologists. We cer- concern among NJDA members for their own profes-
tainly are not wise enough to have all the sional functioning and for the conduct of fellow
answers about all the people with whom we are professionals within the juvenile justice system. The
working. Increasingly, I have come to feel that ethical code of NJDA establishes principles that define
group treatment, whether in a correctional or a the ethical behavior of NJDA members.
mental health setting, is a team job. This is the Recognizing the critical role of conscience in
only way that it can go on continually because choosing among courses of action and taking into
no one person is with the troubled individual account the moral ambiguities of life, the members of
that much. Teams are the insights of other NJDA commit themselves to the following:
people. The good staff person recognizes and • Demonstrating the highest standards of
respects the contributions that other staff people personal conduct. Juvenile detention is rarely
make, whoever they are. And this is regardless defined by the public or helping professions as
of the job title other people carry, or how much a high-status career. Public perceptions often
education they have had, or how thick a imply that everyone has the ability to work with
Viennese accent they may have, or even the youth in a locked setting. For these reasons,
possession of an imposing, well-cropped beard. members must continually demonstrate a pride
Helping people is a challenging, demanding job. in juvenile detention and a self-respect reflec-
Knowing that you are not alone but are on a team tive of the highest level of personal conduct.
makes it much less discouraging and much less lonely. This conduct specifically refers to personal
So when I hire people for my ideal institution: integrity, honesty, truthfulness in dealing with
• I want optimists. both youth and the public, and the courage of
maintaining one’s convictions.
• I want those who have faith in human
potential.

66
Juvenile detention is charged with the public activities create a conflict of interest, produce
responsibility for the safe care of juvenile undue personal gain, or occur at the work place
offenders. Cognizant of this public trust, and interfere with official duties.
members understand that any individual or The only gains members seek from public em-
collective compromise of their integrity or self- ployment are salaries, fringe benefits, respect,
respect can damage the ability of juvenile and recognition for their work. Personal gain
detention to accomplish its mission. The best also may include the satisfaction of doing a
insurance against a loss of public confidence is good job, helping youth and their families, and
strict adherence to the highest standards of achieving career goals. Public property, funds,
personal conduct. and power should never be directed toward
• Demonstrating the highest standards of pro- personal or political gains.
fessional conduct. Progress as a profession Members understand that in the relationship
depends not only on public trust but on between staff and detained youth, dependency
professional competency. Therefore, members and vulnerability are frequently present. Youth
strive for excellence in job performance, which often use this relationship as a method of
advances the cause of the profession by gain- acquiring adult approval and as a means to
ing increased public respect in order to ad- bolster their self-esteem. Therefore, members
vance the best interest of youth. Members value the human worth of these youth by stead-
support and encourage programs that develop fastly refusing to behave in a manner that
knowledge, skills, and abilities directly satisfies their personal needs at the expense of
relevant to juvenile detention services. Mem- youth.
bers demand regular, periodic feedback re-
• Safeguarding the confidentiality of detained
garding their job performance and career goals.
youth. Members adhere to Federal and State
Members understand that the important statutes regarding issues of confidentiality for
component of juvenile detention services is the juvenile offenders. Members refrain from
relationship between staff and detained youth. identifying youth and discussing critical
Members emphasize training and skill acquisi- problems and incidents in situations outside
tion in interpersonal communication. the official work setting.
Members are concerned with providing the • Advocating the legal and ethical rights of
highest quality of care. In keeping with this youth. Members work to define and articulate
concern, members endorse the concepts of policies and procedures that specify the legal
ACA standards and encourage others in and human rights of detained youth. Members
detention to adhere to them. educate youth and others about policies and
Members refrain from performing their duties practices that either ensure or violate these
in an intrusive or overbearing manner. They do rights. Members refuse to remain silent when
not permit personal feelings, prejudices, these rights are violated, and they speak on
animosities, or friendships to influence their behalf of the affected youth.
decisions. Members implement detention Members subscribe to the idea that youth have
programs without fear or favor and without the right to be detained in a psychologically and
malice or preferential treatment. Members physically safe and secure environment. Mem-
consistently refrain from responding violently bers encourage program development that
toward youth and from employing unnecessary generates a therapeutic social climate within the
force. detention facility.
• Avoiding any interest or activity that • Eliminating all forms of unethical and illegal
conflicts with or produces undue personal behavior. As a component of the criminal
gain through the execution of official duties. justice system, members are committed to legal
Members refrain from any task that conflicts standards of behavior. Therefore, members will
with or could be viewed as conflicting with job confront and report illegal or unethical behav-
responsibilities. iors that occur in juvenile detention. Sensitive
Members also refrain from activities or to the correlation between effective detention
interests related to partisan politics when those programs and harmonious working relationships

67
among staff, members are committed to ethical their association with restricted and controversial
standards that transcend issues of friendship, definitions of detention.
efficiency, and loyalty to their agencies.
Juvenile Careworker
Members do not tolerate discrimination, theft,
or any form of child abuse (i.e., physical, Many job titles exist, but ACA has taken the lead in
mental, or sexual abuse), and they advocate referring to direct-care line staff in juvenile institutions
removing from the profession those who as “Juvenile Careworkers.” In a national survey of
condone or engage in such activities. juvenile detention facilities, Rowan (1993) found that
although the most frequently used job title was juvenile
• Maintaining an optimum level of physical
detention officer, it accounted for only 18 percent of the
conditioning and mental alertness. Members
responses. Concluding that there was no predominant
realize that juvenile detention is a highly
job title for juvenile detention workers, Rowan strongly
stressful profession. Part of this stress derives
recommended that the field follow the recommendation
from the potential for physical interventions.
of ACA and adopt the title juvenile careworker.
Members maintain an optimum level of
physical conditioning in order to respond to Mixdorf and Rosetti reported that juvenile care-
physical situations in the most efficient manner. workers performed four overlapping roles: guardian,
Members realize that staff and residents are less counselor, supervisor, and role model. The ACA
likely to be injured whenever staff are physi- description of the careworker role is consistent with the
cally capable of controlling the situation. mission of the juvenile justice system. The careworker’s
job is to engage and involve youth in productive and
The stress associated with juvenile detention
constructive activities while in detention. ACA recom-
also affects the mental attitude of staff. Mem-
mends a positive approach to the job of juvenile
bers encourage having training and continued
careworker. This approach is expressed best by the
education in stress management and other
following description of the role model job function:
mental health concepts provided directly to
detention staff. Members endorse and encour- Being a positive role model is probably the most
age the development of support groups within important responsibility a careworker can
staff and among staff of other facilities to undertake. Modeling good behavior, or setting
provide an appropriate forum to ventilate an example, can affect juveniles in a positive
frustrations, discuss problem situations, share manner more than any other careworker skill.
ideas that work, and rejuvenate. Included in this activity is setting a positive tone
or climate, respecting the juveniles, praising
them when appropriate, being consistent and
Detention Job Functions fair, and presenting a generally positive attitude.
Admittedly, this positive, encouraging attitude
The recruitment, selection, training, and develop- may be difficult to maintain when working with
ment of good detention staff is influenced by the angry, rebellious juveniles, but it is absolutely
detention philosophy held by the administration, the necessary. (pp. 16–17)
juvenile court, and policymakers within a given juris- Brown (1982) identified five similar roles that
diction. This philosophy is most directly expressed by the detention staff must routinely perform in a detention
words used to describe the essential functions of the job. facility. These roles are:
Mixdorf and Rosetti (1992) discussed the roles of • Security monitor.
the direct careworker for both juvenile detention and
juvenile corrections (training school) settings. They • Counselor.
carefully avoided the two extremes in defining the job • Disciplinarian.
of direct-care staff. At one end of the job definition • Recorder of behavior.
continuum is the title “Child Care Worker.” This title is • Activity coordinator.
sometimes confused with jobs in day care, preschools,
Illinois is an exception when examining criterion-
and babysitting. At the other extreme is the job title
based job functions for juvenile detention staff. As a part
“Correctional Officer,” commonly associated with adult
of a comprehensive approach to determining detention
detention and prisons. Both definitions generate debate
staff training needs, the Probation Division of the
and discussion about the proper role of staff because of
Administrative Office of the Illinois Court (AOIC)

68
developed a set of basic job functions for detention and well-being of detained youth through the
careworkers. The eight AOIC job functions are: use of knowledge and skills in basic health-
(1) behavior management, (2) crisis intervention, related areas (e.g., medical and hygiene,
(3) security, (4) safety, (5) custodial care, (6) record- adolescent sexuality, substance abuse, physical
keeping, (7) program support and maintenance or special or emotional abuse, and symptoms of suicidal
assignments, and (8) counseling or problem solving. behavior and emotional distress).
Job functions are a composite of what juvenile • Recordkeeping—Providing accurate and
detention officers do in their jobs. The 8 job functions timely written documentation of both routine
identified in the AOIC research were expanded to 10 by and special situations regarding residents, staff,
adding the additional functions of organizational and program activities through the use of
awareness and external awareness, which were recom- observation and recording skills.
mended by Christy (1989), who said that awareness • Program maintenance—Implementing,
constructs constitute components of the job. teaching, creating, and supplementing the
The remaining job responsibilities include those facility’s daily program and activities (i.e.,
characteristics of how the job is performed effectively. physical education, recreation, and arts and
Roush and Hudzik (1994) combined the AOIC job crafts).
functions with previously researched effectiveness • Problem solving—Creating an environment or
characteristics. Those items related to job functions institutional climate in which a youth’s per-
provide job-oriented information, while effectiveness sonal, social, or emotional problems can be
characteristics are a composite of what juvenile openly discussed, explored, and possibly re-
detention workers say are important to doing their job solved through effective use of interpersonal
effectively or well. The categories related to effective- relationship skills, communication and consul-
ness characteristics provide employee-oriented informa- tation with clinical staff, and leadership in
tion. The 20 functions and characteristics are listed and group discussions or activities.
defined below.
• Organizational awareness—Understanding,
Job functions (the “what” of juvenile detention) supporting, and using the philosophy, goals,
include: values, policies, and procedures that represent
• Behavioral management—Using behavioral the daily operations of the facility.
and developmental theories to establish clear • External awareness—Identifying and period-
expectations for resident behavior and employ- ically reviewing key external issues and trends
ing immediate positive and/or negative conse- likely to affect the agency (e.g., legal, political,
quences as a result of direct involvement with demographic, and philosophical trends).
residents.
Effectiveness characteristics (the “how” of juvenile
• Crisis intervention—Using skill and compo- detention) include:
sure to prevent or minimize physical and emo-
• Balanced perspective—A broad view that
tional harm to residents and other staff when
balances present needs and long-term
handling a wide variety of crisis situations (e.g.,
considerations.
physical violence, escapes, riots, and suicidal
behaviors). • Strategic view—Ability to collect and analyze
• Security—Implementing the policies and information that forms an overall long-range
procedures related to resident supervision and view of priorities and forecasts likely needs,
institutional security measures to ensure the problems, and opportunities.
physical presence of each resident in the • Environmental sensitivity—Awareness of
facility. broad environmental trends and their effects on
the work unit.
• Safety—Employing knowledge and skills in
relation to emergency procedures (i.e., first aid, • Leadership—An ability and willingness to lead
CPR, fire safety, and communicable disease) to and manage others.
ensure the well-being of youth. • Flexibility—Openness to new information as
• Custodial care—Assisting in the proper well as tolerance for stress and ambiguity in the
identification and treatment of problems work situation.
relating to the physical and emotional health

69
• Action orientation—Decisiveness, calculated • Shrinking resources are a significant problem.
risk taking, and a drive to get things done. Child-serving agencies are competing for fewer
• Results focus—Strong concern for goal resources partially because of expanding
achievement and a tenacity to follow a project corrections budgets. Financial problems open
through completion. public-sector services to questions of priva-
tization. An increasing number of juvenile
• Communication—Ability to express oneself
detention facilities are operated by private
clearly and authoritatively as well as to listen
corporations.
attentively to others.
• Low salaries and shrinking resources contribute
• Interpersonal sensitivity—Self-knowledge,
to the impending crisis in staff recruitment,
awareness of the impact of self on others,
selection, development, and retention. A com-
sensitivity to the needs and weaknesses of
mon complaint heard from detention adminis-
others, and ability to sympathize with the
trators is that finding qualified people who want
viewpoints of others.
to help troubled youth is increasingly difficult.
• Technical competence—Expert and up-to-date
• The survival of the juvenile court is question-
knowledge of the methods and procedures of
able. With the increase in some serious crimes,
the work unit.
public opinion may be swayed to the point that
it equates offense seriousness with maturity and
eliminates the need for a juvenile court, re-
Public Policy Statements turning to the concept of a single court justice
system.
The future holds many challenges for juvenile
detention. Some challenges are old and persistent, while • The passage of youthful offender statutes may
others are new and alarming. A recent study of the create a third system that falls between the
issues facing the next generation of juvenile detention juvenile justice system and the adult correc-
professionals revealed the presence of the following tional system. Youthful offenders between the
longstanding challenges (Roush, 1992): ages of 17 and 25 will receive shorter sentences,
but the places of incarceration will be more like
• A clear definition of juvenile detention is
prisons than training schools.
needed to form the basis for strong statements
of vision, mission, and goals and objectives. • The disproportionate incarceration of minorities
The NJDA definition (Stokes and Smith, 1990; presents a growing problem (see Chapter 15).
also see Chapter 3) is a positive first step that More minority groups are reflecting dispropor-
coincides with the vision and mission state- tionate incarceration (e.g., Hispanics and
ments from the National Academy of Correc- Asians), and they pose greater communication
tions Leadership Assembly (see Chapter 7). problems because of language barriers.
• Crowding continues to be a problem. In the • The health of detained youth is a major prob-
absence of a continuum of services, detention lem. With an increase in the number of HIV-
becomes the sole source of intervention for positive juveniles, more staff and resources will
most juvenile offenders (see Chapter 3). be needed for health care services. Medical and
Liability is linked to crowding because of its health care services are areas where the courts
negative effects on the conditions of confine- have been very clear about inmate rights.
ment (Parent et al., 1994; and Roush, 1990a). • Violence is a societal problem that has invaded
Crowding may have such a pervasive effect as the detention environment. Will violence cause
to negate the positive factors associated with a reduction in programs and an increase in the
ACA accreditation (Roush, 1989). use of solitary confinement? Will crowding
• Many juvenile justice professionals predict an destroy the ability to separate violent offenders
increase in liability within juvenile detention. from nonviolent offenders, and will resident-on-
The number of facilities under court order or resident assaults increase in seriousness and
consent decrees continues to increase. Litiga- frequency?
tion is very expensive and has an unsettling
effect on staff and residents.

70
One effective way to address these issues is executive, judicial and legislative
through the development of public policy statements. officials, prosecution and defense
Thorough and well-conceived statements can be counsel, social service agencies,
disseminated to key policymakers through fliers, schools, police, and families—to
newsletters, and publications so that their decisions achieve the fullest possible cooperation
will be better informed. Good examples are the policy in making appropriate decisions in
papers and publications of the National Council on individual cases and in providing and
Crime and Delinquency (Jones and Krisberg, 1994; using services and resources;
Jones and Steinhart, 1994; Krisberg, 1992a; and • Provide the least restrictive appropriate
Krisberg and Austin, 1993). range of community and residential
Presented below are two important policy state- programs and services to meet individ-
ments. The first is a significant position paper on ual needs, including education; voca-
juvenile justice adopted by ACA (1993). The second is tional training; recreation; religious
a position statement on violence from the National opportunities; individual and family
Commission on Correctional Health Care (NCCHC). counseling; and medical, dental, mental
health, and other specialized programs
and services, such as substance abuse
ACA Public Correctional Policy treatment, AIDS counseling, and sex
on Juvenile Justice offender treatment;
• Use family and community as pre-
The correctional functions of the juve- ferred resources and include families,
nile justice system (prevention, diversion, whenever possible, in the decision-
detention, probation, residential, and after- making processes at all stages in the
care) must provide specialized care and continuum of services;
rehabilitative programs for young offenders • Operate a juvenile classification
in our society consistent with protection of system to identify and meet the
the public. These functions of the juvenile program and supervision needs of the
justice system, although sharing in general juvenile offender while actively
the same overall purpose as adult corrections, considering the public’s need for
have significantly different processes, protection;
procedures, and objectives, which require
• Exclude from placement in a secure
specialized services and programs.
facility service adjudicated delinquent
Policy Statement youth—those individuals accused or
adjudicated for status offenses (i.e.,
Children and youth have distinct personal
offenses which are not criminal if
and developmental needs and must be kept
committed by an adult);
separate and apart from adult offenders. The
juvenile justice system must provide a con- • Provide a range of nonsecure and
tinuum of services, programs, and facilities secure short-term detention, pending
that ensure maximum opportunity for rehabil- adjudication;
itation. Each of these alternatives should • Ensure that secure preadjudication de-
provide programs that include the principle of tention facilities are not used as a post-
accountability for behavior. The best interest adjudication disposition alternative;
of the individual youth must be the primary • Provide planned transitional services
concern and should be balanced with the for youth returning to community
protection of the public, including victims, and placement from residential care;
the maintenance of social order. To implement • Establish written policies and proce-
this policy, juvenile justice officials and dures that will protect the rights and
agencies should: safety of the accused, the adjudicated,
• Establish and maintain effective the victim, and the public in as bal-
communication with all concerned anced a manner as is possible;
with the juvenile justice system—

71
• Establish procedures to safeguard the to victims, and establishing crime prevention programs
accuracy and use of juvenile records (National Institute of Justice, 1992).
and support limitations on their use, The medical and mental health professions have
according to approved national joined with the Centers for Disease Control and
standards, recognizing that the need to Prevention (CDC) in an initiative intended to treat
safeguard the privacy and rehabilitative violence as a major public health problem (Koop and
goals of the juvenile should be Lundberg, 1992). This approach has the objective of
balanced with concern for the protec- preventing violence through surveillance, epidemiolog-
tion of the public, including victims; ical analysis, and the evaluation of various intervention
and techniques (Rosenberg, O’Carroll, and Powell, 1992).
• Implement evaluation and research An important part of this initiative has been to involve
procedures that will supply demo- the health care community in the identification of
graphic, trend, and outcome informa- victims of abuse and violence. A growing emphasis is
tion from which program effective- placed on the use of intervention techniques that teach
ness and systems operations can be individuals alternative behavior responses to violence.
measured. With the proliferation of violence, not only are more
youth entering detention and corrections with a propen-
NCCHC Public Policy on sity for violence as an acceptable problem-solving
Correctional Health Care and the strategy (Guerra and Slaby, 1990; and Slaby and Guerra,
Prevention of Violence 1988), but more youth in detention and corrections are
During the past 10 years, interpersonal violence referred for mental health services because of posttrau-
(i.e., homicide, rape, robbery, aggravated assault, abuse, matic stress disorder (PTSD) (Burton, Foy, Bwanausi,
and neglect of youth and the elderly) has grown to Johnson, and Moore, 1994). Correctional health care
epidemic proportions. In 1990, there were more than programs are beginning to address both violence preven-
23,200 homicides in America. In comparison with other tion and the problems of victims of violence within the
industrialized countries, the 1990 U.S. murder rate was detention and corrections environment (DeFazio and
11 times higher than that of Japan, nearly 9 times that Warford, 1992, 1993; and National Commission on
of England, more than 4 times that of Italy, and 9 times Correctional Health Care, 1993).
that of Egypt and Greece, as reported in the Congres- An equally important role for correctional health
sional Record (1992). Our Nation’s youth and young programs is the identification and treatment of incarcer-
adults, particularly among minority groups, are fre- ated youth who have lived with violence throughout
quently involved in acts of interpersonal violence, as is their lives (DeFazio and Warford, 1993). Some experts
evidenced by the following statistics: believe that certain kinds of violent behaviors can be
• During the 1980’s, more than 48,000 people effectively treated, enabling people to cope with other
were murdered by youth and young adults ages forms of violence in their lives. Because nearly all
12–24 (Rosenberg, 1992). of those who are detained eventually return to their
communities, these kinds of intervention and treatment
• Homicide is now the second leading cause of
techniques can have a positive effect on reducing
death among 15 to 24 year olds, and it is the
violence in the community.
leading cause of death among 15- to 34-year-
old African-American males (Novello, Shosky, Types of Violence. Violence can be characterized
and Froehlke, 1992). in several ways. For example, Jenkins and Bell (1992)
characterized expressive violence as violence that
• Youthful victims of violence are 40 percent
emerged from some kind of interpersonal altercation in
more likely than nonvictims to become future
which one person intended to harm another. Persons
delinquents and adult criminals (Widom, 1991).
involved in expressive violence typically know each
Violence and Correctional Health Care other, are similar in age, and frequently share the same
race and ethnic background. By contrast, instrumental
As violence grows in America, many different
violence is usually premeditated and motive driven (e.g.,
agencies are responding in a number of different ways.
acquire property or economic gain). Typically, parties
The justice system’s long-range plans address reducing
involved do not know one another, and the harm caused is
violent crime, improving the effectiveness of law
secondary to the motive. Finally, gang-related violence
enforcement to combat violence, providing assistance
results from gang membership and related activities

72
involving retaliation or revenge. These distinctions imply by qualified health professionals
that different intervention strategies may be required to treating inmates. In addition, health
effectively prevent the various kinds of violent behavior. care providers should receive training
Further, experts believe that expressive violence may be in these areas. Training should include
appropriately treated through public health intervention information on policies and practices
techniques, while using socioeconomic interventions to designed to prevent violence, non-
treat instrumental violence and political interventions to physical methods for preventing and/or
treat gang violence. All three kinds of violent behaviors controlling disruptive behaviors,
are prevalent in society as well as in juvenile detention appropriate use of medical restraints,
and corrections. and effective techniques for personal
safety.
• Provide juvenile caregiver training that
NCCHC Policy Statement includes prevention of expressive
violence and non-physical methods for
Detention and correctional health care prevention and/or controlling disrup-
programs are an important resource in the tive behaviors stemming from expres-
identification, care, and treatment of individ- sive violence. Juvenile caregiver
uals who have been involved in violent acts. training should continue to address
The National Commission on Correctional security issues designed to inhibit
Health Care (NCCHC) endorses the CDC’s instrumental and gang-related
position that violence is a public health violence.
problem and calls upon correctional health
• Establish contacts with community-
programs to join with the CDC, and other
based organizations able to assist in the
professional groups, in addressing violence
treatment and continuity of care upon
within the juvenile detention and corrections
the youths’ release from the facility.
population. NCCHC recommends standards
for correctional health services (National Adopted: September 19, 1993
Commission on Correctional Health Care,
1992) as the basis for violence prevention,
treatment, and education in these settings. Summary
Specifically, correctional health services
should: It takes a very special person to be an effective
juvenile detention careworker. Not everyone possesses
• Incorporate violence risk assessment—
the qualities and skills needed to be a good juvenile
including child and domestic abuse,
careworker. Effective juvenile careworkers must be well
sexual abuse, and any personal
trained and well prepared for the job. They also must be
victimization—into receiving screen-
able to follow the rules of the institution or agency
ing undertaken of all detained youths
where they are working. In addition, good juvenile
upon intake, health assessments, and
careworkers must be effective problem solvers.
mental health evaluations.
Most of all, effective juvenile careworkers must
• Refer as appropriate all detained
have certain personality traits that will enable them to
youths with violent histories, including
be effective. They must be optimistic and look for the
those who exhibit violent behaviors
good in people and in situations. They must respect
that place the safety and welfare of
both coworkers and residents. They must believe in
themselves or others in jeopardy, to people and in their ability to change. Furthermore, they
treatment by appropriately trained must be able to notice small behavioral changes.
health care providers. Finally, and probably most importantly, they must be
• Desktop protocols and guidelines for caring individuals. Effective juvenile careworkers show
violence prevention, intervention, and a genuine care and concern for youth.
followup should be developed for use

73
Endnotes
1
Ernest L.V. Shelley, Ph.D., is best remembered as a (MJDA). This material represents one part of his
champion of volunteer services who served the keynote address on institutional treatment, presented
correctional community in Michigan. He developed at the MJDA Annual Conference in August 1983.
treatment programs for the Michigan Department of
Corrections and concluded his professional career as 2
Numerous ideas and phrases were adapted from the
the chair of the Department of Psychology at Olivet codes of ethics of various professional associations.
College in Olivet, Michigan. After retiring, Listed in order of their importance, they are: Ameri-
Dr. Shelley remained active through volunteer can Society for Public Administration, American
service, speaking engagements, and his writing. He Association of Counseling and Development,
influenced many people in juvenile detention and American Correctional Association, American
corrections though his dynamic teachings and his Federation of Police, Code of Ethics of Government
affable personality. He was awarded posthumously Service, and International Association of Chiefs of
the 1986 C.A. Zott Distinguished Service Award Police.
from the Michigan Juvenile Detention Association

74
Management Issues:
Chapter 7
Mission, Security, and Policy and Procedure
Although detention centers are complex organiza- These statements demonstrate the belief that (a)
tions that vary in size and structure, the elements that juvenile justice practitioners understand the problems
make for excellence in juvenile detention are universal. and must assert their influence to guide future actions
Certain policies and practices promote success, whether of juvenile justice, (b) the future of juvenile detention
a center serves 10 or 200 clients on a given day. The and corrections should be grounded in the best contem-
same policies and practices can work in State, county, porary research findings, and (c) an important mission
or regional systems as well as in private and public of juvenile justice is delinquency prevention, a priority
operations. Regardless of the size and structure of the for the future of juvenile justice as defined by those
facility, effective performance begins with a clear practitioners who are grounded in the intervention side
mission or purpose of detention. of the system (see Loughran, 1990).

The External Environment


Mission Managing relationships at the boundary between
detention and its environment may be the central task
A clear mission statement is the first step toward facing practitioners. Overcrowding, inappropriate use of
gaining a measure of control in the uncertain and detention, and lack of resources are consequences of
changing environment of detention. Fully and clearly problems within the larger environment that undermine
defined purposes become the foundation for decisions the best designed programs. These problems can be met
and consistent policies. A strong mission statement and overcome through a variety of management tools,
includes beliefs, values, and expectations about what including:
will happen to detained juveniles between arrest and • Reliable information on population trends,
court disposition. delinquency rates, and demographics.
In 1990, the National Juvenile Detention Associa- • Sound planning.
tion (NJDA) adopted a definition that captured the
• Admission criteria that are clear and under-
essence of juvenile detention (see Chapter 3). In 1992,
standable.
the National Academy of Corrections (NAC) assembled
30 juvenile detention and corrections experts to address • Mechanisms for prompt judicial review of
the issues of vision and mission statements for juvenile detention decisions.
corrections. NAC staff noted the common perspectives • Availability of an adequate array of detention
of the juvenile corrections practitioners, particularly the alternatives, such as a continuum of care (see
high levels of consensus about the need for intervention Chapter 3).
before youth become institutionalized. The NAC vision • Mechanisms for timely disposition and release,
and mission statements read as follows: including adequate community and residential
Vision Statement resources.
Our vision is that every child experience success in • Means to constantly monitor the detention
caring families and nurturing communities that population and to ensure that court scheduling,
cherish children and teach them to value family and placement assessment and referral, and trans-
community. Our vision is guided by the fact that portation do not become obstacles to release.
our decisions and actions affecting children today All of these techniques demonstrate the importance
determine the quality of our life tomorrow. of the relationship between detention and the larger
Mission Statement environment, including courts, probation, placement
The mission of the juvenile corrections and de- agencies, and transporting authorities.
tention system is to provide leadership for change The way to meet the challenges and overcome the
for youth, family units, and communities. It problems is to build coalitions. Building coalitions means
operates by creating legitimate, alternative path- making connections with individuals, groups, organiza-
ways to adulthood through equal access to services tions, and agencies that can make a difference. Some-
that are least intrusive, culturally sensitive, and times coalitions are forged through formal means—
consistent with the highest professional standards. reports on goals, accomplishments, and shortcomings of

75
the program; speeches and brochures that interpret the Training develops knowledge and skills, expands
philosophy and goals of the program; tours and educa- understanding of the aims of the organization, and
tional events that open the facility to the community; and integrates staff into the process of sustaining the values
advisory boards and public meetings that involve key and accomplishing the goals of the program.
people from outside the organization. Coalition building Evaluation and Planning. The management
is also achieved informally—responsiveness to inquiries responsibilities of evaluation and planning are two sides
from the community; sensitive handling of telephone of the same issue. Evaluation asks how well the
calls and letters from parents, victims, and concerned organization is doing; planning asks what the organiza-
citizens; and regular contacts with judges, legislators, and tion can improve for the future. Both functions are
other key decisionmakers. based on understanding what constitutes organization
Although the examples of coalition building performance. Organization performance is success in
presented above apply to the local level, the process is the following five areas:
just as critical on the State and national levels. Deten- • The organization’s relationship to its
tion practitioners can build coalitions with one another; environment. How effective is the relation-
with representatives from other parts of the juvenile ship with the court and with placement
justice system and from different levels of government; agencies? Are admission criteria in place and
with the research and academic communities; and with respected? Can some measure of predictability
leaders of churches, businesses, corporations, and and control be exercised over admissions?
foundations. Coalitions with purpose can build support
• Acquisition and use of resources. Is the
and promote positive change.
organization able to capture and retain finan-
Responsibilities of Detention cial and human resources? Is the building
Management adequate in size and design? How well does
the building serve the purposes of safety,
Among the responsibilities of detention managers security, health, and development? Is funding
are four key tasks: (1) development and communication adequate and managed efficiently? Is the staff
of sound policies, procedures, and standards; (2) ac- structured, scheduled, and assigned work
quisition, allocation, and monitoring of resources; effectively?
(3) selection, training, and development of staff; and
• Internal processes. How many clients are
(4) evaluation of organization performance and
being served? Do activities support goals?
planning for the future.
How well do support services such as purchas-
Policies and Procedures. Effective policies and ing, food service, and clerical work function?
procedures are discussed in detail later in this chapter.
• Achievement of purposes and goals. Are the
Resource Management. Resource acquisition, purposes of safety, security, health, and
allocation, and monitoring are critical to building a development being met? To what extent are
successful program. The physical plant and operating there escapes, injuries, assaults, or other
funds are the primary resources. Design and mainte- indicators of performance failure?
nance of the physical plant must acknowledge the
• Satisfaction of clients and employees. To
relationship between space and the objectives of
what extent do residents and staff feel safe?
detention. In addition, funding sources and the public
Do residents feel that the staff care about
must be willing to pay the costs of security, safety,
them? Do employees show signs of trust,
health, and well-being. Detention managers have the
respect, and loyalty? What is the state of
obligations to define what constitutes adequate funding
employee morale? How effective are processes
and to make the case for its allocation. They also have
for communication, problem solving, and
the responsibility to manage those funds with rigorous
conflict resolution among individuals and
efficiency and integrity.
groups? To what degree are opportunities
Competent Staff. Competent, caring staff are more afforded for innovation, self-expression,
important than any other element for ensuring quality and autonomy?
and achieving the mission of detention. The most
important tasks for management are selecting and
training staff. The hiring process seeks to discover
people with the knowledge, skills, and qualities of
character needed to achieve the purposes of detention.

76
Institutional Security grabbed more easily by a juvenile and tangled in his or
her fingers. If you choose a longer hair style, your hair
Security (secure) is defined as: “being free from should be pulled back and secured. However, shorter
danger or risk of loss; safe, free from fear or doubt, hair styles are recommended. Personal hygiene is also
anything that gives or assures safety.” very important to show your professionalism, to
Security is an intricate and essential component of demonstrate pride in yourself and your job, and to avoid
every juvenile detention facility. Historically, security ridicule from both juveniles and staff.
was limited to locks, blocks, and bars. As the field of Accessories. Check your policies and procedures
juvenile detention grew, security also moved beyond the manual on your facility’s position on wearing jewelry
“hardware” definition of security and incorporated the on the job. Jewelry is another potentially dangerous
notion of “safety” of the juveniles while in detention. item to wear for the following reasons:
Today, security is incorporated in budgets, specific • Necklaces are the most dangerous because of
policies and procedures manuals, training seminars, and the ease with which they can be grabbed by a
the daily operation of every shift. juvenile, damaged or broken, or used for
Institutional security is a combination of personal strangulation. The same principles apply to
security, juvenile security, and building security. In neckties and scarves.
addition to the security items mentioned in a facility’s • Pierced earrings pose a significant danger of
policies and procedures manual, the following sugges- being ripped out.
tions may be helpful. • Rings pose a greater danger to the juveniles
Personal Security than to staff. Large rings and rings with raised
stones or insignias can scratch or cut the
The notion of personal security may seem unim- juveniles during restraint maneuvers.
portant at first, but the most basic of security precau-
Whenever possible, do not wear jewelry. If you
tions starts at home, before you even get to the job.
must, make sure that jewelry is small, not raised or
Clothing. When uniforms are not required, the exposed, and not valuable. You should understand that
articles of clothing you choose for the job are impor- you wear jewelry at your own risk.
tant. Just as you would not wear a tuxedo to change the
Position. The position you take when interacting
oil in your car, you should not wear certain articles of
with the juveniles is essential. You should always know
clothing to work. The following concepts apply:
where the nearest exit is located and how to get help in
• Tight-fitting clothing may restrict your case of emergency. Keeping your back to the wall is not
movement in crisis situations. a bad idea so that juveniles cannot get behind you
• Loose-fitting clothing may get in your way undetected. You should also be careful not to allow a
during emergency situations, or a juvenile may group of juveniles to isolate you from your partner or to
more easily grab and hold loose-fitting surround you. Position issues are important, and they
clothing. are discussed in Chapter 13.
• Revealing clothing may elicit from juveniles Shoes. The shoes you wear should be comfortable,
inappropriate advances and comments or fit securely, and have rubber soles for good traction.
distract other staff from doing their job. Leather-soled shoes tend to slip and slide when you
• Slogans on T-shirts can be very troublesome. need a strong foothold. Clean athletic shoes are very
Check your policies and procedures manual effective and also inexpensive, but you should not wear
for guidance, but do not wear clothing that athletic shoes unlaced or untied. Inappropriate footwear
contains words or graphics that advertise or includes sandals, flip-flops, loafers, high heels, and
promote alcohol, drugs, sex, violence, or combat boots.
political positions. (Note: the initial letters from these items—
Wear comfortable clothing that is neat and clean, clothing, hair and hygiene, accessories, position, and
without sayings, slogans, or offensive graphics. shoes—spell CHAPS, which makes it easier to remem-
ber your personal security.)
Hair and Hygiene. The length and style of your
hair may hinder your job performance and cause you Juvenile Security
harm. Long hair (shoulder length and longer) worn
loosely may interfere with your vision, specifically your Juvenile security is the key component of institu-
peripheral vision. Long hair worn loosely may also be tional security. As a line worker, you will be with the
juveniles at least 8 hours per shift (some facilities work

77
10- or 12-hour shifts). In addition to knowing your or her of planned illegal activity. Listening for key
facility’s policies and procedures, you should also know words, not for content, also will alert the juvenile
the juveniles under your supervision. The more you caregiver of how juveniles are feeling or what they are
know about the youth you supervise, the better you will experiencing. Listening for key words and tone of voice
be able to ensure their safety. Furthermore, you should during telephone calls with parents, attorneys, or
know the rules that govern resident behavior so that probation officers will tell you if the youth is upset,
your consistent enforcement of the rules will create a depressed, or angry.
secure environment. Consider the following basic The alert juvenile caregiver also will get to know the
guidelines for resident security: normal sounds of the institution. When the normal noise
Smell. Alert juvenile caregivers use their sense of level increases or decreases noticeably, something is
smell as they make the rounds (routine checks) among happening. Other sounds offer clues about the proper
the juveniles. Smoke from cigarettes, fire (paper, functioning of equipment. For example, security locks
clothing, or electrical), marijuana, or anything else that usually have a distinctive click when they shut.
can burn should be investigated immediately by staff. Explore. Walking around the area where juveniles
Observe. The critical part of juvenile security is are present is called exploring. While exploring, the
observation of the juveniles. Every juvenile will have a alert juvenile caregiver is smelling, observing, and
particular pattern of behavior, and any deviation in this listening as described above. Exploring must also be
pattern should signal your increased attention. Suicidal done when strange noises are discovered to ensure that
thoughts, intimidation by other juveniles, depression, and everything is satisfactory. The method of exploring
other factors associated with confinement cause juveniles should be random and frequent. Certainly, when you
to act differently. Any deviation from an established feel something is wrong, you should explore and take
behavior pattern should be reported immediately to a appropriate action to prevent or resolve an incident.
supervisor, social worker, or mental health professional. (Note: the initial letters from these items—smell,
Juveniles often intimidate each other for various observe, listen, and explore—form the acronym SOLE,
reasons and in many different ways. Several juveniles which makes it easier to remember juvenile security.)
crowding around a single juvenile usually indicates
some form of intimidation, and it is your responsibility Building Security
to investigate. Gang members often try to recruit new The last component of institutional security is
members, exact revenge against rival gang members, or building security. You must be familiar with all aspects
enforce gang rules on recruits who do not conform. of the physical plant itself. Building security includes
In addition to relying on the sense of smell, the the following:
alert juvenile caregiver will always be looking for Building. Every employee must know the physical
unusual bulges in a juvenile’s clothing. Unusual bulges layout (floor plan) of the facility. In the event of an
may be caused by contraband and should be investi- emergency, you and all other employees must know
gated immediately. how to get from “point A” to “point B” using the most
Self-mutilation and juvenile-on-juvenile assaults direct path. Fire evacuations, bomb scares, and other
are an unfortunate part of institutional life. You should emergencies requiring building evacuation must be
always be observant of a juvenile’s physical appearance practiced on a regular basis. You also must know where
for this reason, and you should ask questions and emergency equipment is stored and what is contained in
investigate whenever you suspect that a youth has been closets, offices, and rooms.
injured or abused. For the safety of the staff and juveniles, you
Listen. One of the greatest tools you have other should know:
than vision is your sense of hearing. You should always • Where the boiler room and maintenance areas
be listening for plans of illegal activity, such as assault are located.
or escape. Eavesdropping on juvenile conversations is • Where hazardous materials are stored.
viewed by youth as a sign of mistrust, but it will keep
• Where electrical panels and controls are
you abreast of juvenile activity. You should make it
located.
clear to all youth that listening is a part of your job.
• Where exit doors are located and whether they
Juveniles often will tell each other about some
are clear of hazards and obstructions.
illegal or harmful activity loud enough for the staff to
hear so preventive action can be taken. A juvenile will • Where basic maintenance tools (screwdriver or
rarely come directly to a staff member and inform him pliers) are located.

78
• How to shut off water supplies to rooms or belongs in certain parts of the facility and who
running commodes. does not.
• How to loosen a stuck Sloan (water control) • Head counts are suggested every 15 to 20
valve. minutes, after each mass juvenile movement,
• How to summon maintenance staff on week- after shift changes, and after evacuations or
ends and evenings. fire drills.
It is always a good idea to take a walk through the Knowing how many individuals are present, who
facility, or at least your area of responsibility, prior to belongs in certain areas of the facility, and where the
your shift. individuals are located is beneficial to the alert
juvenile caregiver.
Utilities. In the event of emergencies, you should
know where all utility shutoff controls are located—for Notations. Because of the amount of information
example, the main shutoffs for water, gas, electricity, you need to track, making notes is suggested. One of
and lights as well as the alarm panels for fire and door the most important notations is for repairing faulty
alarms. You should know where the emergency genera- equipment, fixtures, and other hazards in the facility.
tor is located and how to refuel it. The telephone These notations should be communicated to the
numbers of utility companies should also be available supervisor. Notations of head counts, juvenile schedules
to all staff in cases of emergencies. and activities (court, social worker interview), locations
of staff or visitors, and juvenile disciplinary actions are
Illumination. Lights are critically important for
recommended. Making notes to yourself, the supervi-
safety and security. You should know the location of the
sor, or the appropriate person is a great form of commu-
switches for all lights needed for security. The emer-
nication, and writing it down makes important informa-
gency generator for lighting should also be familiar to
tion more difficult to forget. Before leaving your shift,
all staff.
you should pass the information you have noted to the
Locks and Keys. Security detention depends on oncoming shift for their knowledge. Even if your
adequate locks. You must know what is operated by notations are just feelings from observing or listening
every key on the set you carry. In the event of an (perhaps you feel there may be trouble between two
emergency, you should know where the keys for various juveniles because you heard one threaten another), pass
“off limits” sections of the facility can be located. All it along.
locks must be in proper working order. Keys should be
Grounds. The alert juvenile caregiver must be
checked at the beginning of every shift to ensure that
familiar with the grounds (outdoor area) of the facility.
they are all accounted for and that they are in good
The most basic perimeter security should include a
condition (not cracked or bent).
patrol of the outside yard before the juveniles enter the
Doors and Windows. The most frequent breaches area. Check for contraband that may have been thrown
of security come from unlocked doors and windows. over the fence or planted (hidden). Larger facilities may
Many people use the doors and windows during the day, have surveillance cameras to monitor perimeter
including maintenance workers, probation officers, security. You must know directions (north, south, east,
social service staff, and administration. However, it is and west) to describe the location of an incident or
your responsibility to make sure that doors and win- problem, to give directions about an escaped juvenile,
dows are secure. It is a good habit to physically check or to pinpoint the location of a stranger approaching the
each door and window as you walk by. It is equally outside of the facility.
valuable for you or the shift supervisor to check them
(Note: the initial letters from these items—
prior to the shift.
building, utilities, illumination, locks and keys, doors
Individuals. Many individuals are in the facility at and windows, individuals, notations, and grounds—
various times during the day and night. In the event of spell BUILDING, which makes it easier to remember
an emergency, you must know how many individuals building security.)
are in the facility and in your area of supervision, and
you should know where they are during your shift. The
following are helpful strategies: Policies and Procedures Manual
• Each employee should have some form of
identification. Experience has shown that juvenile detention
• Visitors should have some form of identifica- caregivers are best able to perform their jobs and to
tion so that line workers can determine who provide the services that detained juveniles most need
when they work in an environment that includes:

79
• A clear mission statement. • An overall picture of the connection between
• Goals and objectives. one unit and another and between each unit
and the facility’s mission. As careworkers see
• A departmental code of ethics for detention
their part in the picture, they will be more
workers.
willing to work as a team and to be more
• Written standards that meet requirements for accountable for their own actions.
State or national accreditation.
• A method for communicating more effectively
• Written policies and procedures. with other staff, board members, families,
• Comprehensive training and continuing youth, placing agencies, and other involved
education for detention workers. agencies and persons. The policies and
• An ongoing program and personnel procedures manual provides the common
evaluations. language and reference points.
• Consistency in the program, especially among
What Is a Policies and Procedures staff actions and behaviors. Consistency is
Manual? crucial for the safety and the mental well-
A policies and procedures manual is a document being of the juveniles and staff.
that is essential to the smooth flow of the juvenile • Assurance that they are in compliance with
detention program, to the safety of the detained legal requirements and that they act with
juveniles, to the community, and to the careworker, both respect for the legal rights of juveniles.
personally and professionally. It contains the • Protection from liability, audit exceptions, and
department’s or the facility’s mission statement, goals criminal procedures. The threat of liability is
and objectives, code of ethics, and the policies and least when careworkers function in a proactive
procedures or guidelines that juvenile detention staff manner, using sound principles.
need to perform both their routine and nonroutine tasks.
• Assurance that emergency procedures will be
The manual is intended to be a tool that makes the carried out effectively.
job of staff easier. It contains an accumulation of
• Protection from any sanctions for noncompli-
information handed down from previous juvenile
ance that may be built into the personnel
professionals—information that the field believes is
policies of the agency.
good practice.

What Are the Benefits for Staff? Definitions


Juvenile detention staff are entrusted with the Policies. In general, a policy reflects the facility’s
responsibility of supervising troubled youth and must philosophy about a particular issue. For example, each
have common sense and knowledge about interacting facility will have policies that cover a range of issues
with troubled youth in a secure environment. Having a from the security of the building (key and tool control,
good command of the information provided in the the use of official vehicles, and emergency procedures)
policies and procedures manual is the first step for staff to the discipline of juveniles (rules and regulations for
to gain that knowledge and fulfill their responsibilities. resolution of minor violations).
Specifically, a policies and procedures manual Policies are statements of the general course of
gives staff: action a facility wishes to take. They give staff the
reasons and the directions needed to function effectively
• Parameters for making decisions. Detention in the center. Policies tend to be general and goal
centers usually develop written policies oriented. For example, a policy statement on “Confine-
governing the use of discretion in ment and Special Management of Juveniles” might read:
decisionmaking. Within the guidelines that the
manual provides, careworkers are able to make After all other techniques and resources have
informed decisions about relating to and failed and when the juvenile’s behavior
providing for the juveniles. Guidelines help warrants, short-term confinement may be
ensure that a detention worker will not handle used as a punishment. The facility shall
juveniles based on his or her values, the provide special management for juveniles
working conditions, or other factors that may with serious behavior problems and for
lead to arbitrary decisions. juveniles requiring protective care.

80
In a few limited instances, however, an item of Therefore, before the first draft is written or before the
specific information, such as a time or location, may be manual is revised, the agency leadership should set
of such importance to the understanding of the policy aside time for reviewing and delineating organizational
that it should be included in the policy statement. For philosophy.
example, emergency procedures should be highly A workable philosophy statement should include:
specific, although staff members may have to make
• The purpose of the facility.
some on-the-spot judgments. In most instances,
however, such detail should be left out of the policy • The facility’s responsibility to its juvenile
statements and included only in related procedures. population, the funding sources, the commu-
nity, and other agencies and organizations
Procedures. A procedure is the detailed, step-by-
with which it has a legal or professional
step description of the sequence of activities necessary
relationship.
to implement the policy and achieve the stated goals.
For example, for the “Confinement and Special • The short-term, intermediate, and long-term
Management of Juveniles” policy written above, the goals or the direction in which the facility is or
procedures would describe who is able to confine the should be headed.
juvenile, where the juvenile would be confined, how In general, policies and procedures are also based
long the juvenile can be confined, and what information on a variety of other sources, including:
should be recorded. • The facility’s charter or bylaws.
Because procedures usually involve a series of • Existing written policies and procedures.
actions to be performed by certain responsible persons
• Administrative rules, regulations, and memo-
under certain circumstances, the following information
randums.
must be included in the procedure:
• Recommendations of staff, unions, and
• The steps involved in completing the action
juveniles (when appropriate).
must be listed in the order in which they occur.
• Existing but unrecorded practices.
• The individual (by title) or operational unit
responsible for the actions described by the • Problems encountered in the past.
procedure must be named. • Local codes for fire, building, safety, sanita-
• The times and locations relevant to the tion, and health.
operating procedure must be named. • Standards issued by a variety of groups,
• If relevant, the forms to be completed must including: the American Correctional Associa-
be listed. tion (ACA) (1991), the National Commission
on Correctional Health Care (1992), the
• The form of communication involved
American Bar Association, the American
(telephone, written notice, etc.) in completing
Medical Association, the Office of the U.S.
the procedure must be named.
Attorney General, and State agencies.
• When and to what extent discretion is allowed
• Model policies and procedures manuals from
must be indicated.
the American Correctional Association (1992),
• Provisions for handling major problems or other States, agencies, or institutions.
emergencies that may occur during the
• Issues identified in audit reports.
implementation of the procedures must be
described. • Suggestions from the community and involved
agencies.
Simply stated, a policy statement defines what
the facility intends to do on a consistent basis and • Legal and professional requirements, including:
■ Court decisions that determine the legal
why the facility intends to take the defined action.
On the other hand, a procedure describes how the criteria for facility operations. Because
facility intends to implement the policy, including the courts in various areas tend to rule differ-
who, when, and where. ently on particular issues, it is advisable to
rely primarily on decisions from State and
Content Sources for the Policies and Federal courts in one’s jurisdiction.
Procedures Manual ■ State statutes and administrative rules and

Ideally, the development of policies and procedures regulations relevant to the operation of
should evolve from the overall agency philosophy. detention facilities.
■ National and State corrections standards.

81
Key Content Areas stated. Policies should generate from this
overall mission.
Although policies and procedures manuals will
differ slightly in their format, ACA (1992) identified the • Policies and procedures. Procedures should
following four areas commonly addressed: administra- be set forth that detail staff access, training,
tion, support services, programs, and security. and revision opportunities for policies and
Administration includes: procedures.
• General facility administration. • Incident reporting. A system should be in
place to ensure the timely reporting and
• Fiscal affairs, including purchasing. documentation of major behavior violations,
• Personnel services. emergency medical situations, threats to the
• Public information. security of the facility, and professional
Support services include: misconduct. Additional procedures should be
in place to report child abuse allegations,
• Food service.
respond to new crimes, and preserve evidence
• Health care service. of crimes that may occur within the facility.
• Laundry. • Organizational staffing. The facility should
• Supplies and storeroom. define responsibility, place staff into related
• Maintenance. units promoting efficiency, and provide a clear
chain of command to meet the needs of the
• Communication—mail, visiting, telephone.
population and the established mission.
Programs include:
• Population accountability. Maintaining a
• Court liaison. daily population roster is an accountability
• Intake and admission procedures. system that notes changes in the population
• Programming, such as education, recreation, status or in the physical or emotional condition
counseling, nutrition, reading, communica- of juveniles.
tions, religious, medical, and health care • Referral, screening, and placement of
services (Stokes and Smith, 1990). juveniles. Procedures should address place-
• Release preparation. ment criteria for population in the least
restrictive level of supervision. Placement may
• Community volunteers.
involve the use of a risk-assessment tool.
Security includes:
• Program reporting. An effective information
• Security and control. system must include the opportunity for
• Juvenile supervision. reporting and monitoring the program activi-
• Rules and discipline. ties at every level of the organization. Report-
• Emergency preparedness. ing may include shift reports, monthly reports,
or statistical reports.
These sections are often further subdivided into
specific procedural sections. Fiscal Management. General accounting practices
should be detailed for staff, including specific protocol
The Jefferson County Manual for small and large purchases and an annual audit
The Jefferson County Youth Center (JCYC) in process of all facility finances. Guidelines should
Louisville, Kentucky, serves as a model for policy and delineate how resident funds and cash income are to be
procedure development. ACA designated Jefferson handled within the facility. Strict accounting procedures
County as one of the first national resource centers for should be in place to protect the integrity of those
juvenile detention. Listed below are the major sections handling such funds. Also, information should be
of the JCYC policies and procedures manual. available on employee liability insurance, insurance for
volunteers, and vehicle insurance.
Administration. The administration section
formally sets the direction for the facility and includes Personnel. Although most facilities are part of a
admissions, goals, staff patterns, and critical program larger organization (e.g., county or State government),
accountability. Sections cover the following topics: personnel guidelines should include compensation and
benefits, performance evaluations, codes of ethics, and
• Vision, mission, and value. Philosophy and an employee grievance process. Employees should be
goals of the organization should be clearly aware of procedures to access personnel files, and they

82
should be offered training in how to report harassment Security and Control. The security and control
in the work place. sections of the policies and procedures manual should
Facility Management. Guidelines should be in address the following topics:
place to demonstrate compliance with zoning and • Perimeter control and surveillance. Proce-
building ordinances. In addition to specific procedures dures should identify staff and visitor access,
on how the facility space is to be used, other policies control of contraband, guidelines to address
should define the following: visitor problems, and public access to the
• Rated bed capacity. Procedures should facility (e.g., tours).
address the licensed, rated bed capacity of the • Key control. Staff should be assigned security
facility, which provides optimum operation for keys in accordance with specific work assign-
a safe, secure environment and meets the ments. Key control should include a process
standard conditions of confinement. Proce- for signing regular inventories in and out on
dures should clearly define strategies to each shift.
maintain the rated capacity of the facility and • Searches. To maintain security of staff and the
offer guidelines when that capacity is ex- population, routine frisk searches of the
ceeded. Procedures should address sleeping resident population or strip searches, when
arrangements, activity areas, dayrooms, needed, should occur as established by
population movements, and staff responsibility protocol that has been reviewed by legal
when the facility is under or over capacity. counsel. The use of strip searches should be
• Facility utilization and access. Clear proce- restricted, and the policies and procedures
dures should detail utilization of the facility’s manual should include specific guidelines for
resources (e.g., recreation equipment), specific the protection of the juvenile and staff. Search
access, and perimeter control. policies should include schedules for regular
• Hazardous communication program. room and property searches, guidelines for the
Standards should be in place to coordinate the use of metal detectors, and procedures for
identification, use, and storage of any hazard- handling uncovered contraband.
ous chemical within the facility. Potentially • Fights, disturbances, and use of force.
hazardous materials may be found in mainte- Specific procedures should be established to
nance areas, storage areas, the kitchen, the arts address behavior emergencies, utilizing only
and crafts area, and general supply. All the minimum amount of force necessary to
containers of hazardous chemicals should be control a juvenile or situation within the
properly labeled and inventoried. Material facility. Guidelines should detail the use of
safety data sheets contain manufacturer’s mechanical and humane restraints, including
cautions and content ingredients, and usage authorization for use, duration of use, and
guidelines should be prominently displayed on documentation of use. Safe physical manage-
each container. Strict control should be in ment approaches, use of facility, and external
place to prevent and/or control access by the resources available to address major distur-
youth population. All staff should be trained in bances should be included in training.
the use of hazardous materials. • Escapes and absences without leave
• A cleaning or housekeeping schedule. (AWOL’s). Guidelines should be established
Procedures should detail a schedule for routine to identify measures that prevent escapes or
and specialized cleaning of every area in the attempted escapes. In the event of a successful
facility, detailing staff, maintenance, and escape, procedures should detail staff re-
resident responsibilities. sponse, apprehension guidelines, notification
• Risk management program. Regular of administration, and guidelines for returning
inspections of the facility should review the to normal programming.
hazardous communication program, health Emergency Procedures. An emergency proce-
standards throughout the facility, fire preven- dures section from the policies manual should be
tion readiness, and facility maintenance. posted at each work site and should be easily acces-
Findings should be reported to the director and sible to staff at all times. Emergency procedures
key staff responsible for addressing these should detail the fire and emergency evacuation plan,
concerns. Routine inspections ensure ongoing routinely documented drills, emergency notification
compliance with critical quality of life issues. procedures for facility administration, the community

83
response, and specific guidelines for natural disasters Communications. The communications section in
(i.e., snow, tornado, flood). Annual training for staff the policies and procedures manual should address the
and review of these procedures with the local fire following topics:
marshal ensures staff readiness. Procedures should • Internal staff communication. Procedures
identify responsibilities for each member of the staff should include staff guidelines for primary
during an emergency situation. communication within the facility. Clear lines
Medical and Health Care. The medical and health of communications and authority ensure
care sections in the policies and procedures manual timely reporting during emergency situations.
should address the following topics: • Resident communication. Procedures should
• Access to medical and mental health address juvenile access to staff, court, their
services. All facility staff should be aware of attorney, mail, and telephone. Detailed
the routine as well as emergency notification visitation guidelines should also be in place.
and access. Juvenile Rights and Responsibilities. Policy
• Health hazard and exposure control plan. should grant residents personal programmatic and
Employees have a right to know about environmental rights, including the right to nutritious
potential health hazards associated with their meals, the right to exercise, the right to be housed in a
work. An exposure control plan should include safe environment, the right to be treated fairly, and the
policies, procedures, and responsibilities right to privacy. The juvenile rights and responsibilities
involved in eliminating or minimizing em- section of the policies and procedures manual should
ployee exposure. Employees should have address the following topics:
access to applicable safety information and • Juvenile complaints. A detailed process
appropriate personal protective equipment to should afford juveniles the opportunity to file a
avoid potential risks. These are federally grievance about services, offering at least one
mandated guidelines. level of appeal.
• Health services delivery. All staff should be • Responsibilities. The facility should detail
aware of and trained in the initial medical general responsibilities of juveniles during the
screening process and the provision of orientation process.
information to the juvenile regarding access to
Resident Behavior Management. Policy should
medical services, including sick call and
address the following guidelines to manage resident
medical distribution. Specific procedures in
behavior properly:
training should occur for distribution of
medication. • An orientation process should include general
juvenile rules, expected behavior in different
• Suicide prevention plan. A detailed plan
areas of the facility and at different times of
reviewed by mental health and social service
the day, access to medical services, staff-
professionals should address levels of risk
juvenile relations, and access to all basic
identified during the initial screening. For each
juvenile rights.
level of risk, staff should be trained in behavior
indicators, monitoring guidelines, housing • The behavior management program may
guidelines, referral guidelines, counseling, and include specific behavior levels in achievement,
reporting notification. offering privileges and opportunities at each
level. Juveniles should be well informed of what
• Communicable disease precautions. Proce-
options they have in relation to demonstrating
dures should address staff guidelines, preven-
positive behavior within the facility.
tion, and handling of any potential communi-
cable disease within the facility. • Discipline should include specific training and
guidelines on staff verbal intervention, use of
• Medical emergency response. Staff should be
time out, use of minor behavior consequences,
trained in cardiopulmonary resuscitation
and use of major behavior consequences. Due
(CPR) and standard first aid.
process hearings are required for major facility
• Staff health responsibilities. All facility staff infractions prior to discipline being imposed.
are expected to meet proper health guidelines Facility use of segregation should be limited,
as specified in policy, and food service and policy should identify specific reasons for
handlers must meet special guidelines. use, options for early release, and strict staff
monitoring guidelines.

84
• Staff and residents should be aware of sched- with and integrated into the broader goals and objec-
ules and opportunities to access a variety of tives of the juvenile justice system.
programming features, such as education, Crowded conditions are normally associated with
religious services, libraries, social services, compromised levels of programming. Undertaken at a
and recreation. time when detention populations in Pennsylvania were
Juvenile Records. Procedures should detail a record dramatically increasing, the standards project sought to
management and accountability process that includes challenge detention practitioners to (a) enhance and
official records content, signature, monitoring of record strengthen existing programming and (b) seek out
content, release of information, and confidentiality. creative and innovative methods to deliver services.
Admissions and Intake. Procedures should Enhanced levels of programming (the highest level of
address initial legal authorization or detention, process performance) actually enabled several detention
for medical and mental health screening, and basic facilities to better cope with the increased number of
rights within the admission and intake process. Staff youth and to better manage the behavior and needs of
orientation with the juvenile should include access to the youth through well-defined and structured
immediate medical services, the nature of the charge, programs and services.
opportunity for a phone call, and details of the intake The advisory board guided the standards project
process. Procedures should detail property control. through a deliberative process in which essential areas of
Food Services. Procedures should detail access programming were identified, researched, and developed.
and use of dietitian-certified cycle menus. Specialized Sections of the Standards were field tested and subjected
procedures for training food services staff should to critical reviews and subsequent revisions.
include food service preparation, handling, meal Central Areas for Standards Development. The
services, and equipment control. resulting Juvenile Detention Program Standards
Manuals may also include materials of administra- addressed the areas considered to be essential to a
tive interest, such as organizational charts, personnel secure detention operation. These areas included:
rules and regulations, and copies of relevant forms. • Safety, security, and control.
These optional addenda should be carefully selected so • Health services.
that the manual does not become a catchall of miscella-
• Education.
neous or marginally valuable materials.
• Recreation.
Performance-Based Policy • Family support and interaction.
As discussed in Chapter 1, a problem with stan- • Food services.
dards, policies, and procedures occurs whenever they
• Therapeutic services.
are policy based rather than performance based. In other
words, do policy and procedure lead to clearly identifi- • Diagnostic services.
able practices in the institution? The Abt Associates- • Staff development.
Office of Juvenile Justice and Delinquency Prevention Examples of recommended guidelines provided in
study (Parent et al., 1993) points to the lack of a clear the standards included:
relationship between standards compliance and im- • Identification of specific actions to be taken by
proved conditions of confinement, reflecting the need the director of the facility to minimize in-
for further study in this area. One exemplary effort is stances when the facility’s capacity was
the recent development of performance-based standards exceeded (Safety, Security, and Control:
for detention centers in Pennsylvania. Population Management).
In 1992, the Juvenile Detention Centers’ Associa- • Identification and management of youth who
tion of Pennsylvania (JDCAP), a State affiliate of present a risk of attempted suicide (Health
NJDA, designed and initiated the Juvenile Detention Services: Suicide Prevention and Intervention).
Program Standards Project to “develop and implement
standards to encourage quality programming in juvenile • Establishment of linkages with home school
detention centers.” JDCAP assembled an advisory districts to facilitate the exchange of educa-
board consisting of local, State, and national juvenile tional information and to provide continuity in
justice practitioners, officials, and researchers to guide the youth’s education (Education: Transfer of
and direct the project. Recommended programs and Educational Records).
services were designed so that they were consistent • Development of comprehensive diagnostic
services within the juvenile detention facility

85
to assist the court and juvenile probation in • A citation that references the official docu-
determining an appropriate disposition for the ment, law, regulation, or opinion (including the
youth (Diagnostic Services: Development). specific article, chapter, or section) that served
• Designation of a staff person to serve as as the foundation of the policy. The appropri-
training coordinator, with specific responsibili- ate authority for the policy could be a State
ties to develop, coordinate, and provide a law, regulation, or guideline; a court decision;
program of staff development and training an attorney general’s opinion; or an executive
(Staff Development: Structure). order.
Technical Assistance and Implementation • A briefly stated purpose or goal of the policy.
Grants. The standards project also provided modest • An indication of the division, department, or
grants to detention facilities to assist in the implementa- personnel to whom the policy is directed.
tion of selected sections. Combined with technical • A list of definitions that provide explanations
assistance, the implementation grants demonstrated that for key terms and phrases that have a specific
the standards were realistic. Because of these successes, meaning in the policy or procedure or that
detention staff were receptive to implementing the more could be misinterpreted.
ambitious areas proposed by the project.
• An implementation schedule or statement that
One of the primary objectives of the project was to indicates when the policy will be put into
have the standards woven into the fabric of detention effect and how frequently it will be reviewed
operations. To achieve this, a Training Coordinator and updated.
Certification Program was developed. During an intense
year-long program, staff trainers were trained in the Evaluating Policies and Procedures
content of the standards, while learning to develop their Before policies and procedures are finalized or
training and presentation skills. By the end of the first placed in the manual, they should be evaluated for their
year of the program, two-thirds of the detention effectiveness. In terms of policies, the following test
facilities in Pennsylvania had enrolled staff. The project questions may be asked:
has caused juvenile detention to view itself as an
integrated component of the juvenile justice system that • Does this policy conform with overall agency
can and should provide valuable services and programs philosophy?
to the juvenile court and the youth it serves. • Does this policy conform with the general
policy guiding a special operational unit?
Document Format • Is this policy consistent with other policies,
Many variations in the format may be used to or are there contradictions?
present each policy statement and its procedures. • Is this policy repetitious, superfluous, or too
Regardless of the format selected, however, certain key trivial?
elements and facts must be included. The following
• Does this policy conform with relevant laws,
information can be placed either in a masthead or in the
codes, and standards?
body of the document:
In terms of procedures, further checks should be
• A classification or policy number that identi-
made by acting out the various steps involved (when
fies and separates each policy and procedure.
needed) and by asking the following questions:
• A date to indicate when the policy was issued.
• Is all the information needed to carry out the
• An indication of whether the policy or pro- procedure given?
cedure supersedes another policy or procedure
• Are the steps given in logical sequence?
document, memorandum, or directive.
• Could the procedure be simplified or made
• A chapter title that covers a particular area, such
more efficient?
as “Budget and Financial” or “Personnel.”
• A subject title that describes or identifies the Who Develops the Policies and
specific subsection of the chapter, such as Procedures Manual?
“Budget Request and Justification” or “Person- The manual is usually developed by the facility’s
nel Records.” governing body, working closely with the staff, with
• A signature that indicates that the policy or purchasing and placing agencies, and sometimes with
procedure has the approval of an issuing concerned members of the community.
authority.

86
How Are the Policies and shifts in the current belief systems, facility mission
Procedures Communicated? statements, goals, and policies that reflect the goals
shift. For example, the goals of the juvenile justice
After policies and procedures are developed, written,
system historically have switched back and forth
and signed by the appropriate person, they become the
between the philosophies of justified punishment (let
basis for all activities and programs carried out in the
the punishment fit the crime) and parens patriae (the
detention facility. For this reason, communicating the
State takes the place of the parents). When the philoso-
policies becomes the most essential factor for putting
phy of a department or facility changes, some of the
them into effect. Administrators need to be sure that
policies and procedures will also need to be changed.
many avenues of communication are used, especially
when new or changed policies are added. These avenues Furthermore, as laws change, as legal decisions are
might include individual memos, posted memos, staff made, and as research reveals new and better ways to
meetings, supervisory sessions, and/or formal training run the facility or relate to the juveniles, the adminis-
sessions. There also should be a special announcement of tration (with input from the staff) needs to revise the
the policy or policies on the effective date. policies and procedures manual. In fact, every facility
should have a policy of ongoing review and revision of
For the policies and procedures manual to serve its
their policies and procedures manual on an annual and
purpose, it must be made easily accessible to all facility
an ad-hoc basis. At least once a year, the manual should
staff and other relevant parties. A small agency may
be reviewed formally by the administration and all staff.
find it feasible to issue a copy to each staff member. In
Nonadministrative staff especially should be urged to
most cases, however, because of the size of the manual
provide criticism and suggestions for its improvement
and the cost involved in duplicating a large number of
because only through active participation will the
copies, providing everyone with a manual is prohibitive.
manual become a truly useful aid or guidebook.
At the very least, therefore, the following distribution
Supervisors need to ensure that all their staff are
should be made:
familiar with their facility’s procedures for making
• Each agency working directly with the facility changes or additions and deletions.
should receive a copy. During the review, policies and procedures that are
• Each section chief within the facility should be not clear, complete, or representative of what staff
issued a copy of the manual, which should then actually do in certain situations should be rewritten.
be made available to all staff in the section. Other policies and procedures that have become
• Several additional manuals should be placed in outdated should be removed. Also, policies that reflect
a central location for public access. new or expanded agency operations and practices
Usually, staff who receive a manual must sign for should be written, evaluated, and added to the manual.
the manual. In most facilities, direct supervisors are After the revisions are completed and approved, all
responsible for ensuring that their staff members are staff must be notified immediately about changes.
familiar with the contents of the manual, particularly Bulletins should be distributed to all staff, telling them
with those sections that relate directly to each staff which pages in the manual have been revised, removed,
member’s tasks and duties. Careworkers should also or added. Staff will again be asked to sign a form
expect initial as well as ongoing inservice training on indicating that they have received the updates. These
the content of the policies and procedures. measures ensure that all staff are aware of changes,
revisions, and deletions as soon as they are made.
Procedures for Making Changes In the final analysis, putting what a facility does
Because the manual is the framework within which into writing is a definite and necessary stage in the
the facility operates, the policies and procedures need to development of a quality program. The policies and
be sound, realistic, and current, meaning that the procedures manual must be treated as a living organism,
manual is never a finished document. Sometimes, responsive to change, growth, and refinement. The
agencies will discover that the philosophy that guides review process ensures a level of continuing creativity
existing policies and procedures changes. Sometimes, and flexibility in identifying and meeting the needs of
especially with changes in the administration or with the juveniles.

87
88
Chapter 8 Admission to Detention

Admission to Juvenile Detention: juvenile’s physical and mental condition. Staff should
also use the transporting officer or law enforcement
The Event officer as an important source of information.
Admission to detention is the act of taking custody Juvenile careworkers are often placed in situations
of a juvenile on the basis of the statutory authority that present obvious problems. An intoxicated youth is
specified in the juvenile code of your State. Admission a prime example. Detoxification should be done by
is a legal act involving the physical transfer of the adequately trained medical personnel. Detention facility
juvenile into a detention facility. Until admission, the staff are usually not trained to perform this function. In
juvenile is usually in the custody of law enforcement. the best situations, training combines with policy and
procedure to provide guidelines for staff decision-
Much of the information about the juvenile code
making. However, in many institutions, the policies,
and the law surrounding juvenile detention intake and
procedures, and training do not exist, forcing juvenile
admission is explained in Chapter 2. Furthermore, each
detention caregivers to make some very important
detention facility should provide policies and proce-
decisions based on their own instincts.
dures for the admission process. These policies and
procedures should include the following: Safety and Security
• Determination that the juvenile is legally The first moments of the admission process are
committed to the facility. important to establish the legal authority to detain the
• Complete search of the juvenile and youth, to make an initial assessment of his or her
possessions. physical and mental condition, and to begin establishing
• Disposition of personal property. a rapport. It is also a time to begin implementing
security measures. For example, conducting a frisk
• Shower and hair care.
search will make sure that detainees have no weapons
• Issue of clean and laundered clothing. or contraband that could hurt themselves or others.
• Issue of personal hygiene articles. Again, problems can be reduced by constantly orienting
• Medical, dental, and mental health screening. youth to the admission process and telling them what is
• Assignment to a housing unit. going to happen next. This technique reduces both fear
and anxiety, while placing the admission staff member
• Recording of basic personal data information in a nonthreatening and helpful role.
to be used for mail and visiting list.
• Assistance to juveniles in notifying their Classification
families of admission and procedures for mail Most juvenile detention facilities do not use a
and visiting. classification system for detained youth at admission.
• Assignment of a registered number to the From the perspectives of conditions of confinement and
juvenile. legal liability, juvenile detention facilities have a constitu-
• Provision of written orientation materials to tional mandate to protect the safety of youth in detention,
the juvenile (ACA, 1991:97, Standard which generally means the establishment of a classifica-
3–JDF–5A–02). tion system that identifies and separates violent offenders
from nonviolent offenders. The separation is primarily
Legal Authority To Detain intended to affect housing assignment and sleeping
The staff’s first concern is the legal authority to arrangements. It does not require an entirely separate
detain the youth. Every jurisdiction has its own rules and program during waking hours.
procedures concerning what constitutes legal authority to When a detention facility operates under its rated
detain. Whatever the local requirements, the juvenile capacity and when all rooms are single-occupancy
detention caregiver needs to be aware of these require- rooms, classification is not a priority for staff. One
ments and to examine the paperwork carefully. acceptable way to avoid an elaborate classification
Staff should focus attention immediately on the system is the development of an enforceable policy
youth to establish contact and to determine the stating that all youth are housed in single-occupancy
rooms. However, if a situation should occur when the

89
number of detainees exceeds the capacity of the distinction between violent and nonviolent offenders
residential unit, some special housing considerations is often based solely on offense. This can be highly
must be made. In the event of the need to double bunk misleading when violent youth are charged with nonvio-
or the need to use double- or multiple-occupancy lent offenses. In these cases, admitting staff members
rooms, the separation of violent and nonviolent offend- run the serious risk of mistakenly mixing violent and
ers is critical. Because of the frequency of overcrowd- nonviolent detainees, with potentially disastrous results.
ing and the use of multiple-occupancy rooms in most In the absence of adequate information at admission, all
detention facilities, the establishment of a classification new detainees should be housed in single-occupancy
system that addresses housing assignments is recom- rooms until such information is assembled. When the
mended for all juvenile detention facilities. facility exceeds capacity or when multiple-occupancy
Classification System. Just as teachers assess new rooms are involved, the risk is increased. At this point,
students to determine the level of their schoolwork, you self-reported information is critical.
are responsible for determining how a new detainee fits
into the group living part of the detention facility.
Classification systems are used to assign detainees to Admission to Juvenile Detention:
particular programs and housing units. Information The Process
used in a classification system should include:
• Sex and age. The process of admitting a youth to detention is
• Physical characteristics. equally important. There is an art to getting youth fully
and smoothly involved in the detention program. The
• Nature of offense. following information is based on the American
• Prior offense history. Correctional Association (ACA) admission training
• Behavioral reports and summaries from prior video, “The Critical Hour” (1987), developed for
detentions. juvenile detention practitioners. The video stresses how
• Social history. to complete the admission.
• Psychological assessment. Why is the admission process so important?
Although admission procedures are often hastily done
• Conversations with admitting police officers. under adverse conditions, admission is critically
• Information from probation officer or case important because it is the first encounter with the
workers. youth. It is the first impression; it sets the tone; it
• Status of gang membership. establishes the flavor for the entire stay in detention;
• Physical indicators of violence (e.g., scars and it probably will affect the outcome. Each detention
from fights or gunshots). facility should establish clear policies and procedures to
ensure that the experience is a positive one.
• Reports from other agencies.
• Self-reported data. Goals of Admission: Rapport and
This information is used to assign youth to the Information
various programs in the detention facility or to alert Rapport and information are the twin goals at
program staff of the need for additional information admission and are entirely complementary. To make
and assessment. sure that the process operates as effectively as possible,
At admission, the first classification decisions are staff must gather good information. Staff decisions
housing or group related. In medium or large facilities about what is in the best interest of the youth are no
that have more than one housing unit and various better than the information they acquire, and to get
program groups, classification usually involves the good information, staff have to be able to establish
following issues: (a) separation of violent and nonvio- rapport very quickly.
lent detainees, (b) separation of male and female Detention is a complex situation, placing troubled
detainees, and (c) separation of detainees based on level youth together in a confined environment with high
of sophistication or on some arbitrary assessment of levels of uncertainty. The risk for problems is very high
age, size, and mental maturity. Other classification for both the youth and staff. The mission of juvenile
decisions are based on the number and range of detention is the health, safety, and well-being of both
programs offered at the detention facility. the youth and the staff, and achieving this objective
Because most detention staff have very little requires good information, which is the foundation of
information about youth at the time of admission, the good decisionmaking. To get this information, staff

90
must be able to establish a healthy relationship very from the intake department.) Using the information
quickly with the new juvenile in order to ask the available prior to the admission, staff should construct
questions that will uncover the key bits of information. as many simple yes questions as possible to get the
Good detention facilities supply staff with a youth into the pattern of affirmative responses.
substantial amount of information at admission. To Next, staff ask questions that require very short and
protect the health, safety, and well-being of staff and simple answers. “Where do you live?” “How many
residents, it is important to acquire as much information brothers and sisters do you have?” “What are their
as possible from the new detainee. Even though names and ages?” “What school do you attend?” “What
delinquent youth are remarkably candid, contemporary grade are you in?” The positive pattern of responding
issues of violence, drug use, depression, suicidal becomes more extensive as youth continue to answer
behavior, and sexually transmitted diseases are poten- questions successfully and cooperatively. As this
tially dangerous issues for everyone in the detention occurs, staff should reinforce this cooperative behavior
facility. These topics can also be very embarrassing to through increased social interaction, informal conversa-
discuss. Therefore, the better the relationship, the easier tion, eye contact, smiles, and attention. This establishes
it is for new detainees to be forthright and forthcoming the relationship and helps to build trust.
with staff. Once cooperation is established, staff can ask
tougher questions to find out the key bits of information
Admission Interview critical to safeguarding the youth’s stay in the institu-
The information-gathering process should begin tion. Some questions address current feelings, emo-
with informal conversation. Through informal conversa- tional states, unusual behaviors, and physical harm,
tion, staff can uncover and address many of the youth’s such as “Have you ever hurt yourself?” or “Have you
fears and apprehensions that can cause serious anxiety. ever tried to commit suicide?” Other questions relate to
After this initial informal conversation, the juvenile drug and alcohol abuse, such as “Do you use alcohol?”
moves on to the admission interview. During this or “If so, how much, and how often?” (Refer to the
process, the interviewer will collect much of the section on substance abuse assessment.)
information necessary to manage the youth during his Admission Form. The minimum requirements for
or her stay at the center. the admission interview have been establish by ACA.
The first moments are critically important The admission interview completes the admission form
because they set the tone—which is why the best staff or paperwork. Although every facility has its own
should do the admission. In some institutions, the admission form, the following items should be covered:
responsibility for admissions is often relegated to staff • Personal and family data, including full names
members with lower status, and this policy is not and addresses of guardians, so that family
advisable. Staff want to establish that they are members can be contacted in case of
concerned for the youth’s well-being, and staff want emergencies.
to do this very quickly and effectively.
• A brief medical assessment, which would
Establishing Patterns of Positive Responses. The
include the name of the family doctor, present
admission interview is an information-gathering
physical condition, medications, and allergies.
process. As a new staff member, you should look at it as
an opportunity to establish a relationship and to acquire • A behavior assessment, which inquires about
additional information about the new detainee. Some recent changes in behavior patterns in relation
techniques are helpful in this regard. An important one to social stresses and allows staff to make
is the establishment of positive patterns of responding. informed judgments about the youth’s poten-
tial adjustment to the center and its program.
To establish these positive patterns, staff members
must have some accurate information about the new • A drug and alcohol use assessment. The
detainee before his or her arrival at the detention interviewer and staff need to be alert to
center. Throughout the information-gathering process, possible withdrawal symptoms or other drug-
staff should ask questions that confirm existing facts related effects. The effort extended in estab-
and data about the youth. In other words, questions lishing rapport with the youth will pay off
should be asked that require a simple yes or no greatly at this point if the detainee is honest
answer, but the intention is to get far more yes during this assessment.
answers from the new detainee. • A suicide assessment.
An example of a confirming question is: “You are
15 years old?” (Staff should receive this information

91
Specifically, an admission form should be com- • Visitors’ names and dates of visits.
pleted for every juvenile admitted to the detention • Record of telephone calls received.
facility and should contain the following information:
• Progress and counseling reports.
• Name, age, sex, date, and place of birth.
• Grievance and disciplinary reports.
• Race or ethnic origin.
• Referrals to other agencies.
• Name of person to notify in case of
• Psychological evaluations (ACA, 1992a:57).
emergency.
Throughout the interview, the juvenile detention
• Date and time of admission.
caregiver should be alert for anything unusual, espe-
• Social history. cially any sign indicating that the youth is at risk of
• Special medical problems or needs. harming himself or herself or others.
• Personal physician. Property Inventory and Searches
• Height, weight, and hair and eye color.
The property inventory is an essential part of the
• Address and telephone number. admission process. Explaining clearly how the property
• School and grade. will be safeguarded helps establish the interviewer and
• Employer, if applicable. the institution as being trustworthy. The detainee should
be asked to sign the inventory and be given a copy of it.
• Driver’s license and Social Security and
Once the inventory is complete, the youth should be
Medicaid numbers, when applicable.
strip searched, showered, and dressed in the clothes
• Name and relationship of person with whom being used at the facility. Although the visual search is
juvenile lives. undeniably embarrassing to the youth, it is necessary
• Parent’s or guardian’s name, address, and and should be done with as much respect for privacy as
telephone number. possible. During a search, the juvenile detention
• All identifying marks, scars, and tattoos. caregiver is attentive to any bruises, cuts, or marks that
indicate abuse, noting them on the admission form.
• Name of probation officer.
Searches. Searches are a legitimate part of the
• Religion.
admission process because they ensure safety and order
• Referral (who brought juvenile to admission). in the detention facility by controlling access to
• Name and signature of admitting official. contraband. Five types of searches are used in juvenile
• Offense (charge indicated on police record, detention: inventory search, room search, frisk search,
petition, court order, or bench warrant). strip search, and body-cavity search. Detention facilities
use the first three searches routinely.
• Assigned number from admissions log book.
The inventory search is a thorough search of a
• Name of person authorizing admission (ACA,
youth’s clothing or personal property brought into the
1992a:56).
detention facility at the time of admission, visitation, or
The case record is established at admission. All official activity outside the detention facility.
entries made into the case record should be dated and
The room search is a routine and unscheduled
initialed or signed. At minimum, the case record file
search of a resident’s room to discover contraband and
should include the following information:
destruction of property.
• Initial intake information.
The frisk search, or clothed-body search, is a
• Individual plan or program. thorough patdown of a youth’s body and outer clothing.
• Documented legal authority to accept the The frisk search does not require a youth to remove any
juvenile. clothing, except a coat or jacket.
• Record of court appearances. The strip search and the body-cavity search are
• Medical history. much more invasive and are subject to closer scrutiny.
The courts and professional associations have set
• Signed receipt from juvenile indicating
guidelines for strip searches and body-cavity searches.
acceptance of the facility’s rules and policy
As a line staff member, you run a substantial risk when
handbook.
conducting a strip search without the authorization of
• Signed informed consent form. the facility administrator or supervisor.
• Notations of temporary absences from the
facility.

92
Strip search. When you are authorized to conduct sanctions, and rewards available for cooperative
a strip search, the following guidelines should be behavior. The resident should sign a statement indicat-
observed for your protection: ing that he or she has received a copy of the rules and
• A strip search should occur only after you have understands them. During the orientation process, staff
had training on how to conduct a strip search. should be sensitive to the youth’s educational level. If
help reading the rules is necessary, it should be pro-
• Strip searches should be conducted in a private
vided in a nonjudgmental manner that does not embar-
area of the detention facility.
rass the youth. If the juvenile does not speak English,
• You must maintain a professional demeanor an orientation should be conducted in the juvenile’s
throughout the process. native language.
• Youth should be asked to remove all of their
clothing, and you should refrain from inappro-
priate comments and staring. Special Concerns at Admission
• You should not touch a youth during a normal
strip search. Fear and Apprehension
• You are only permitted to conduct a strip When youth come to detention and are clearly
search on a youth who is the same sex as you. apprehensive and fearful, you should take the time to
For new adult detainees in jail, the courts have held convey several important messages to them. First, you
that the nature of the offense does not constitute a should explain that you are concerned about their health
reasonable suspicion to conduct a strip search at and well-being, and you can show concern directly by
admission. However, drug-related offenses, violent asking them how they feel and what’s happened to
offenses, and serious felony offenses do constitute a them. These types of expressions of concern are very
reasonable suspicion to conduct a strip search. Addi- important in establishing a sense of trust on the part of
tionally, the frisk search at admission and the inventory new detainees. It is also important that you walk youth
search of property may uncover contraband that creates through the whole admission process when they are
a reasonable suspicion to conduct a strip search. apprehensive. You can reduce their sense of uncertainty
You have been advised to conduct a strip search by simply telling them what is going to happen next and
on all juveniles at admission. ACA recommends telling it in detail with calm reassurance. Fear and
completing a strip search as a part of the admission apprehension are typical of the juvenile admitted to a
process. In the absence of case law on the subject, detention facility for the first time.
conducting a strip search as a routine part of the
admission process is advisable. Hostility
Body-cavity search. Unless you are a licensed Hostile or belligerent youth present a number of
health care provider with authorization from the different problems. If the youth’s hostility is verbal
responsible physician and facility administrator, you bravado and not a physical assault, you need not change
should never conduct a body-cavity search. Specific your strategy. What works with apprehensive juveniles
reference is made to a visual, manual, or instrument applies to most other types of youth. Some of the more
search of a detainee’s anus and/or vagina. If you have troubling youth require you to be more patient and
any questions, refer to the Standards For Health persevering in this approach.
Services in Juvenile Detention And Confinement To conduct an effective admission, you must get
Facilities of the National Commission on Correctional past the youth’s anger and calm the youth to the point
Health Care (1992). Additional information about that you can ask the questions on the admission form.
searches can be found in Chapter 5, in ACA standards For example, an admitting staff member can persist in
(1991), in ACA guidelines (1992), and in articles by asking questions without becoming personally
Bell (1992) and Smith (1986). involved with the affronts or name calling commonly
associated with hostile youth. You must surpass that
Orientation and the Resident point and put that kind of anger in its proper perspec-
Handbook tive. When a youth is truly angry, hostile, and belliger-
As a final step in the admission process, the youth ent, you should expect venting in that particular
should be oriented to the expectations of the facility. fashion. When this venting occurs, you need to calm
This orientation is usually done through a review of a the youth to the point that you can achieve your
resident handbook, which contains the list of rules, goals—establishing the relationship, getting good

93
information, and making sure that the youth is than staff care to admit. The majority of the suicides
successfully integrated into the program. can be prevented by establishing trust and rapport, by
Many institutions require or allow staff to confront gathering good information, and by taking action. When
anger and uncooperative behavior, and staff immedi- the admitting staff member learns about suicidal or self-
ately try to establish control, authority, and power— destructive behaviors or once patterns of self-destruc-
which explains why so many detention centers use tive behaviors are clearly noted, the admitting staff
solitary confinement or locked-room confinement as member must make sure that this information is
part of the admission process. Confronting verbally documented and communicated.
inappropriate and hostile behaviors is unnecessary as a In many cases, institutions require that a special
means of establishing control or authority. Very few form be filled out and that the juvenile be referred for
youth fail to notice the cinder block and concrete some type of professional assessment. The most
construction, the security hardware and locks, the wire important element is the communication of this
glass, the metal doors, the steel handcuffs, or the information to other staff members. Nothing is
security furniture. Youth quickly understand physical accomplished if you have critical information but
size differentials, especially when the differences occur keep it to yourself. You must transcend the belief that
in 100-pound increments. Control and security perme- you can solve the problems of youth individually
ate most detention environments so pervasively that you rather than having the team or the entire staff resolve
do not have to remind a youth about who is in charge. important issues.
Furthermore, it is extremely rare that a youth would What should you do at admission with a potentially
physically challenge you or the facility’s security at the suicidal youth? The following immediate steps are
time of admission. recommended:
Depression and Suicidal Behavior • Ensure that the youth is under maximum
supervision. Do not leave him or her alone or
Another condition that requires your special in isolation.
attention is despondency. Although despondency occurs
at the other end of the emotional spectrum from • Move this information up the chain of com-
hostility, the despondent or depressed youth can be mand. Inform your shift supervisor
more dangerous than the hostile youth. During the immediately.
admission interview, watch for signs that alert you to • Arrange for continuous interaction with other
the risk of self-inflicted injury. If you learn that a youth staff or residents whenever appropriate.
has tried to hurt himself or herself, you should gently • Read and review the policies, procedures, and
but persistently probe for details. The goal is to find out protocols for suicide-alert status. Implement
how serious the youth was about committing suicide these action steps wherever appropriate.
and how well developed the plans were. • Document, log, or write down (in a place that
Once suicidal tendencies have been discovered, is easily accessible to all staff members on that
you should conduct a more comprehensive suicide shift and to staff members on future shifts)
assessment. This assessment should elicit the follow- those suicidal statements or behaviors that
ing information: caused concern.
• Previous suicide attempts.
• Outcome of previous attempts.
• Future plans.
Summary
• Methods that might be attempted in the future. The final statement about the admission process
• Concreteness in the plans. is a very simple one. You are working with human
• Motivation for the suicide attempt. beings who need the same things that you would want
if you were locked up in a strange place—some
At the end of the interview, you should assure the
kindness and some respect. To the extent that you use
youth that the detention center is a safe place. You
kindness and respect, in conjunction with the guidelines
should tell youth that they will not be allowed to harm
in this chapter, your admission process will be quite
themselves while in detention. (See Chapter 15 for
successful.
more information about suicide assessments.)
Suicide Alert Status. There is no greater risk in a
detention setting than suicide, and it occurs more often

94
Chapter 9 Health Care for Incarcerated Adolescents

Because the parents of incarcerated minors are no care. For this reason, providing medical care for their
longer able to monitor their child’s health and well- more advanced illnesses can be very expensive. Rather
being, government agencies responsible for incarcerated than handling each case individually, a policy should be
youth assume the obligation to provide medical, dental, implemented so that every detainee has the same access
and mental health care. In addition to treating illness and to treatment. Failure to do this could lead to charges of
trauma, each institution’s staff should also aim to prevent discrimination or favoritism. One standard currently
disease and accidents in their institutions. used in the United States is that care should meet
Failure to provide adequate health care has been community standards, which may include access to
interpreted by the courts to be cruel and unusual specialists and even experimental therapy.
punishment resulting in a constitutional violation. On Some detention facilities have solved the commu-
the other hand, negligence (medical malpractice) or a nity standard dilemma by affiliating with a medical
disagreement concerning treatment between a ward or school. By Federal mandate, people who could poten-
his or her parents and the physician does not constitute tially benefit from biomedical research—such as drug
cruel and unusual punishment. Obviously, however, users, incarcerated youth, minorities, or women—must
negligence and malpractice should be avoided to ensure be included in that research. This affiliation provides
the welfare of detainees and prevent litigation against high-level, up-to-date medical care and provides the
the institution and its medical personnel. opportunity to expose faculty and physicians in training
Accrediting bodies such as the American Correc- to detention medicine. The generally enthusiastic care
tional Association and the National Commission on provided by medical residents is greatly appreciated by
Correctional Health Care (NCCHC) provide guidance on the detained adolescent. Most training programs can
how to construct a good institutional health care system. provide specialists in adolescent medicine, neurology,
The standards require institutions to designate a health dermatology, sports medicine, obstetrics and gynecol-
authority who is responsible in a well-defined manner for ogy, orthopedics, and surgery. Often, phone consulta-
all health care services. The authority may be an indi- tion with a specialist obviates the need for the patient to
vidual, such as an administrator or a physician, or an see the specialist in person. This reduces expensive
agency, either governmental or a private contractor. If the consultations outside the institution.
authority is not a physician, final medical judgments still In the past, the abuse of detainees for medical
must be made by a designated physician. research purposes lead to a ban on almost all research
Decisions regarding the scope of health care to be involving detainees. During the past several years,
provided should be made in advance and accepted by Government regulators and scientists have reevaluated
both the juvenile caregiver and medical staff. Issues that this prohibition because of a new realization that
must be resolved include addressing stable pre-existing detainees have unique problems that can only be
medical conditions as well as prescribing and dispensing understood if they are included in research studies.
eyeglasses. The prescribing of psychotropic drugs should Therefore, research that involves minimal risks and has
also be addressed, especially the contents of the formula, the potential to benefit individual detainees or detainees
because some of these drugs will be very expensive. in general may be conducted with appropriate safe-
Two competing forces influence the scope of health guards, including approval by a properly constituted
care to be provided. On the one hand, incarceration Institutional Review Board.
provides the opportunity to provide services to youth It is important to remember that decisions regard-
who, because of their situation, would not otherwise ing standards of medical care and access to that care
receive services. The timely provision of services can should be left to trained medical personnel. Institutional
have public health implications and reduce costs by staff must be careful not to interfere with a juvenile’s
preventing the development of more serious illness in access to medical care. In fact, because of an
the future. adolescent’s fear or distrust of authority or the medical
On the other hand, most budgets are limited, and system, it is especially important for careworker staff to
not every service can be provided. Incarcerated juve- be alert for illnesses that the juvenile may not report.
niles generally have great health needs because of Practices that subtly discourage youth from seeking
disenfranchisement and deferral of needed medical medical care should be looked for and eliminated. For

95
example, some institutions may hold sick call during appropriate medical personnel. Juvenile careworker
recreation time, which means that the youth will have to personnel are responsible for maintaining physical
choose between fun and a medical clinic visit. Likewise, security of the medical unit and its equipment.
labeling sick call “Complainers Clinic” sends a negative
message to minors. Comments from the staff about youth
complaining also discourage them from asking for care. Adolescent Responses to Health Care
In reality, a constant complainer may be at high risk for
an undiagnosed physical or mental illness. Research has Because of their developmental stage, adolescents
shown that many children who attempt suicide have often exhibit behaviors that appear contradictory. One
visited a physician only a few weeks prior to the attempt. moment a juvenile will demand independence and the
The lack of privacy inherent in a detention setting can next request attention. These apparently conflicting
reduce the ability of youth to ask for the help they need. situations can confuse adults who work with juveniles.
For example, youth with concerns about sexually Even the most hardened juvenile may show fear at the
transmissible diseases or HIV/AIDS may not ask for help thought of receiving an injection or undergoing some
if they think they will be overheard. other health care procedure. Staff should avoid teasing
Because detained juveniles may exhibit negative or or belittling the minor in this situation. Instead, ask
manipulative behaviors, all staff members will eventu- about the concerns regarding the procedure. Often, the
ally be exposed to unpleasant conduct that may ad- patient has an unpredictable concern that is easy to
versely affect their relationships with other youth in address once it is discovered. Many adolescents accept
detention. Training for careworker and medical staff what they are told as the literal truth. For this reason,
should emphasize that each child should be approached staff should refrain from making jokes about medical
as an individual, not as a member of a prejudged class procedures. Statements such as “if you keep complain-
or group. ing about your toe, the doctor is going to cut it off” may
cause apprehension and hostile behavior the next time
Juvenile careworker staff must honor treatment
the youth visits a physician. Rumors abound in institu-
plans prescribed by the medical staff. If the patient is to
tions, and alert staff must be tuned into these rumors
avoid exercising, wear a sling, or avoid certain foods,
and short-circuit them before they become established
the careworker staff must try to carry out the treatment
facts in the minds of the population.
plan. If it is impossible to comply, then the medical
staff (usually the prescribing doctor) should be notified Sometimes, the careworker may consciously or
so that an alternate plan can be developed. There may unconsciously take advantage of the adolescent’s
be occurrences when the careworkers are convinced that volatility to avoid providing medical care. Instead of
a particular person does not need the care ordered by calming the patient, the care provider will allow or even
the physician. Although this belief may be true, the encourage the patient to become upset, setting the stage
conflict should be resolved by contacting the physician, for the patient to refuse treatment. If patient refusal
not by ignoring the treatment that was ordered. becomes a recurrent problem, supervisors should
investigate why the youth are refusing treatment.
Each institution must provide an adequately
equipped medical unit that matches the level of care the Medical staff may ask the careworkers (sometimes
institution has chosen to offer. Facilities can range from called counselors) to intervene with a reluctant patient.
a simple dispensary to an elaborate hospital ward Calm discussion often works to uncover any misunder-
complete with operating rooms. If the institution elects standings on the youth’s part. Careworkers should avoid
to have a modest facility, plans must be in place to premature reassurance because it is impossible to
rapidly transport sick and injured minors to an outside discuss the juvenile’s worries until they have been
medical facility. Regardless of the complexity of the revealed. If the careworker is unclear about the type of
space, the area must be clean and reflect a commitment medical procedure or the reason it is needed, a discus-
to the provision of quality medical care. Good care sion with the health care provider should occur before
provided in dingy, dirty, or cramped quarters negatively talking to the youth.
affects the entire medical interaction. Trust in the doctor-patient relationship is para-
The medical area should have a private space where mount to an effective interaction between the two
minors can be interviewed, examined, and treated. The individuals. Detained youth have many reasons not to
dimensions of the space and the type of equipment will trust the institution’s physicians. An important reason is
vary depending on the size of the institution and the the inability to obtain a physician of one’s choosing.
extent of services provided. Maintenance of equipment, Furthermore, the juvenile may perceive the physician as
including periodic testing, must be accomplished by the having conflicts of interest and loyalty (i.e., to the

96
institution and the patient). If trust is lacking, the Regularly scheduled meetings between careworker
physician will not have the juvenile’s cooperation, and and medical staff offer the opportunity to discuss
vital information may be withheld. differences of opinion and roles. To separate the
Strict separation of medical and legal issues within functions of the two staff, many institutions have
the institution helps to avoid some of these problems. medical providers report to a health care entity, such as
The institution’s medical personnel should not engage the public health department, rather than to the juvenile
in the collection of evidence or participate in other department. In addition to regular meetings, it is
judicial proceedings against the patient. Exceptions to advisable to make immediate contact between the two
this rule may exist if the youth personally asks the groups if a serious problem arises. This contact allows
medical personnel to perform a service that the youth for the correction of problems before they are forgotten
believes is in his or her best interest. In this case, the or allowed to fester, which can cause resentment to
medical staff should be certain that the youth was not develop between the careworker and medical staff.
coerced into making the request. In most cases, the All medical staff should be aware that harmonious
judicial authorities should bring in outside medical and courteous relations with careworker staff is
personnel to collect evidence. Likewise, medical essential for providing optimum care to their patients.
records should be safeguarded and released to non- On the other hand, if a medical staff member develops
medical personnel only after a court subpoena. too close an identification with the detention staff, he or
she may fail to intervene in a situation in which a minor
could suffer adversely from a decision made by a
Confidentiality and Separation of member of the custody staff. Thus, a careful balance
Responsibilities must be maintained.

Communication With Parents


Detention staff who work within the medical area
often become aware of confidential medical informa- Communication between medical staff and the
tion. Access to medical records and overheard conversa- parents of incarcerated children can be very important.
tions are two common modes of information transfer. Parents often worry about their children when they are
Furthermore, some information may be explicitly not in control of their care. Listening to the parents’
revealed, such as a positive HIV status. Medical ethics, concerns before reassuring them that everything is all
State laws, and human decency demand that staff keep right ensures that the discussion will answer their
all medical information confidential, especially from questions. Medical staff should encourage parental
other juveniles. involvement in their children’s care as much as the
institution’s rules allow. Permitting a sick child to speak
If detention centers allow certain youth to act as
on the phone to his or her parent offers reassurance to
trustees, they must never be permitted to move confi-
the parent and to the child. Face-to-face meetings
dential information even if it is in a sealed container. If
including the parents, the child, and the physician may
a staff member believes that specific information should
be useful when the seriousness of a medical condition
be disseminated, he or she should discuss it with the
makes it necessary, such as a newly diagnosed case of
health care authority in charge of the medical unit
HIV infection.
before acting on this belief.
Remember that some information is confidential
Roles of Staff and should only be shared with the parent if the youth
Careworker and medical staff have somewhat has given consent. Depending on your State laws,
different functions and areas of responsibility. In very examples could include situations involving a sexually
general terms, the difference can be considered as a transmissible disease, pregnancy, abortion, or drug or
concern for the overall institution (custody staff alcohol treatment. Referring parents back to their child
emphasis) versus the welfare of the individual (medical for information regarding confidential subjects helps to
staff emphasis). Although both concerns are important open communication between the youth and the
and deserve recognition, this difference in outlook parents. It is never permissible to refuse to speak to a
inevitably creates some conflicts between the medical parent. If medical staff receive a telephone call and
and careworker staff. These differences can be viewed there is a concern about the identity of the caller, then
as an opportunity for all staff to collaborate on problem staff should take the person’s phone number, verify it,
solving rather than being viewed as an impasse. and call the parent back.

97
Communication With Facility Staff mine if the youth has any health conditions that preclude
detention. The evaluation is usually done by a trained
Communication between the medical staff and
nurse using a standard form. Small institutions may elect
other institutional staff—such as teachers, psycholo-
for this evaluation to be done at a local hospital in the
gists, social workers, probation officers, and juvenile
care workers—regarding detainees with medical or emergency department or outpatient clinic.
psychological problems allows the coordination of care The screening includes demographic data, present
for children with complex problems. For example, a illnesses, past medical history, current prescription drug
pupil in the school may have learning difficulties use, and allergies. Past illicit drug and alcohol use can
because of an organic disease. Referral by the teacher to also be recorded. The assessment looks for current
the physician may allow treatment of the problem. alcohol intoxication and/or drug overdose as well as
injuries that may have been sustained just before or
Additional Roles for Health Care during the arrest procedure (i.e., auto accidents or
Providers canine bites). The patient’s heart and respiratory rates,
Health care providers can serve in a variety of blood pressure, weight, height, and visual acuity are
functions not always immediately apparent to detention measured. Many institutions draw a blood sample to
staff. Medical staff can provide valuable consultation to test for syphilis or request a urine specimen to test for
the careworker staff when a new program is developed. infection (leukocyte esterase) or kidney problems.
For example, boot camps may unintentionally A complete physical exam may be conducted
involve situations in which a youth may be injured. within a few days of arrival in detention. Local laws
Vigorous physical activity on hot days may cause heat may mandate the permissible length of time before the
exhaustion and collapse after a short time. Although exam must be conducted. A focused history is taken to
guidelines for exercise in hot weather may have been supplement the history already collected upon arrival.
developed, sudden strenuous exercise by an obese, out- The physician, nurse practitioner, or physician
of-shape adolescent could potentially lead to serious assistant completes a physical exam with special
medical consequences. A conditioning program could attention to the heart, lungs, skin, and musculoskeletal
be developed in consultation with physicians to avoid system. All sexually active females should have a pelvic
this problem. Using obstacles such as climbing towers examination because the rate of sexually transmissible
can lead to serious injury if a ward falls from a tower. diseases is quite high in detained females. Males also
Even a well-constructed tower with safety harnesses to require a careful exam of the penis, anus (usually a
prevent falling requires regular inspections and mainte- visual inspection is sufficient), testicles, and scrotum.
nance. The decision to have a program and the compo- At the end of the exam, immunizations and a test for
nents of the program should be a collaborative effort tuberculosis can be administered.
between medical and custody staff.
A pattern of injuries within a facility should alert the
medical staff that there might be a problem. The type of Nursing Rounds
sports played may be too rough or the field too uneven,
Each detained youth should have daily access to
causing preventable injuries and increasing the cost of
medical care providers in case a health problem
treatment. An individual staff member may be handling
develops. In small institutions, the youth can be brought
juveniles inappropriately and causing or allowing injury
to the nurse for evaluation and treatment. In larger
to take place. There may be inappropriate force used
settings, nurses make rounds in the living units several
during the arrest process, which must be reported to the
times per day to evaluate the sick and to dispense
appropriate authorities. An example might be a number of
medication. Regardless of the setup, the patient must be
severe dog bites because of aggressive use of police dogs.
afforded privacy so that residents and staff are not
Child abuse or sexual abuse reports may be filed by
eavesdropping on the patient’s conversation with the
medical personnel because of events that occurred prior
nurse. Extended-role nursing involves utilizing nursing
to or during detention.
protocols to treat youth illnesses on the spot, saving
physician time and speeding up the process of care
giving. Those patients who need a physician’s evalua-
Initial Health Status Screening tion can be referred to the next sick call, and careworker
staff must take care not to impede a youth’s access to
Immediately after arrival at a detention facility, the
medical personnel during these rounds.
detainee should undergo a medical evaluation, which is
designed to rule out communicable diseases and deter-

98
Clinic or Sick Call The severity of illnesses will range from mild
(would keep a child home from school) to serious
Physician services should be available on a (would require hospitalization). The decision to transfer
predictable basis. Large institutions will have physi- a patient to a hospital will depend on the degree of
cians on the premises for several hours each day, while illness, the level of care available, and the potential for
smaller facilities may have a physician present for only rapid change in the patient’s condition. A physician
a few hours each week. In the latter case, emergency should make this medical judgment.
care must be available from an emergency department Typical conditions housed in an infirmary include
24 hours per day, and procedures must be in place so fevers, communicable diseases, diagnostic problems,
that there is no delay in getting care. The place where post-operative patients, serious infections that require
the physician sees patients must provide privacy, be regular antibiotics, kidney failures, and patients who
adequately lit, and contain the furniture and equipment cannot walk because of injuries or leg casts. Psychiatric
that will be needed to provide diagnosis and treatment. patients are sometimes housed in the infirmary. This
In large institutions, special clinics designed to practice allows the medical physician as well as the
handle complex patient problems allow the physician mental health practitioner to have daily contact with
enough time to evaluate the problem and ensure mentally ill patients. This system is a good idea because
continuity of care. The addition of medical school these patients might develop side effects from their
faculty to the treatment team can make these clinics medication or become ill for other medical reasons. The
quite specialized, avoiding trips outside the facility. infirmary can also be used to collect specimens, such as
early morning blood, urine, or stool specimens, which
might be difficult to obtain in other living units.
Medication Dispensing Infirmary rooms should contain a bed, a desk, and
a seat as well as a toilet and a sink. The latter is needed
Medication may be dispensed in the living units, in because sick patients may have an immediate need for a
the clinic, or in both. Regardless of the site, there must be toilet. Some rooms may be equipped with a camera for
security to prevent theft and to ensure privacy, because monitoring potentially injurious patients.
some medications are easily recognizable. Liquid forms
of psychiatric or abused drugs help ensure that the patient
has taken the medication. Both careworkers and nursing Cardiopulmonary Resuscitation
staff must be alert to youth who do not swallow medi-
cines and who hoard or sell them. Juveniles may save
(CPR)
enough medication to attempt suicide. During cardiac arrest, the heart stops and blood flow
In some small facilities with limited nursing to the brain ceases, leading to brain death within 5 or 6
personnel, medication is delivered daily to the living minutes. In adults, the most common cause of cardiac
units, where it is kept in a locked container until it is the arrest is a heart attack, in which blood flow to the heart is
appropriate time for youth to take the medication by interrupted by clogging of the blood vessels that lead to
themselves. This system avoids the problem of the heart. In adolescents and young adults, cardiac arrest
careworker staff being required to dispense medication. is more often due to diseases that interrupt the normal
As with all other medical problems, any unusual side electrical flow through the heart. These are very rare
effects are referred to the physician. events, but youth workers who deal with a large number
of individuals may eventually witness a cardiac arrest.
Unfortunately, many juveniles who experience cardiac
Infirmary Care arrest never have warning symptoms or problems that
allow intervention before the fatal event.
Not all institutions can support an infirmary. Small
Rescuers performing CPR can maintain some blood
facilities may house mildly sick youth in their regular
flow to the brain until the heart can be restarted. The
living units, with regular visits by a nurse or physician
technique involves using chest compressions to force
during the day. In this situation, seriously ill patients
blood from the heart, while adding oxygen to the blood
will be moved to a hospital that has made advanced
by breathing directly into the victim’s mouth and forcing
arrangements with the facility. Large institutions are
air into the lungs. Regular training programs in institu-
more likely to have 24-hour nursing coverage, which
tions teach CPR to new staff and update personnel every
allows the operation of a formal infirmary.
few years. CPR must be learned by demonstration and
practice; it cannot be learned by reading a publication.

99
Medical Services in Locked or Dental Care
Disciplinary Units Many juveniles enter detention with unmet dental
Juveniles held in seclusion may not be able to attend needs. There are many reasons for this, including a lack
sick call. Arrangements must be made for these detainees of money or parental supervision as well as a poor
to be visited by a nurse or physician daily. If the medical understanding of the importance of regular dental care.
staff believe the patient should be brought to the infir- Also, fear plays a powerful role in causing some
mary or medical treatment area, the patient can be moved individuals to defer dental care. It is important to use
with appropriate restraints. Patients who repeatedly are the controlled time of incarceration to gain new
confined to disciplinary units may be at high risk for self- experiences, including an appropriate understanding of
destructive behavior. They should be considered for dental care. Youth workers can listen to the adolescent’s
referral to receive a mental health evaluation. concerns and provide guidance and information based
on those concerns. Do not tease a youth about dental
procedures because teasing will create anxiety. Once
Financial Issues in Detention created, these irrational fears are very difficult to allay.
Adolescents may have many dental problems, such
Medical Care as gum disease and dental caries (decay), that result
from poor flossing and brushing. Although these
Several approaches can be used to stretch the
problems may threaten the integrity of the tooth, they
budgets of juvenile detention centers. Some patients
may not be painful, and the juvenile may wish to ignore
will have private insurance or health maintenance
them. Eventually, the smaller problems will progress
organization (HMO) coverage, which the child can use
into large cavities or dental abscesses, which are painful
for medical care. The probation department or judges
and require emergency dental care. For some dental
may allow some juveniles to leave the facility to receive
problems, such as an abscess, a physician can prescribe
medical care from their usual provider. This situation
antibiotics as an interim measure to relieve pain until
has the added advantage of allowing the patient to
the dentist can provide definitive care.
receive care from his or her physician, and it is espe-
cially helpful in complicated cases. Impacted wisdom teeth commonly affect adoles-
cents between the ages of 16 and 20. The person may
Although incarcerated juveniles are currently not
have pain in the back of the jaw, pain while chewing,
permitted to use the Federal Medicaid program,
loose flaps of skin that trap food, or a headache or an
juveniles sentenced to nonpenal placements or adjudi-
earache. Because impacted teeth are so common, large
cated to go into placements are eligible in some States.
institutions often have an oral surgeon on staff to deal
In these cases, the facility may be able to bill the State
with them.
for some medical care charges, especially for care
rendered outside the facility. Oral surgeons can also reduce and stabilize broken
When a patient faces severe illness and a prolonged jaws, suture facial lacerations, and remove growths
hospital stay, the medical authorities may persuade the from the mouth. The number of trips outside the
judicial authorities to release the juvenile until the institution can be reduced substantially by having the
treatment is completed, allowing the institution to avoid services of an oral surgeon onsite. The surgeon will
the cost of hospitalization. Some States also have require some specialized equipment, such as an x-ray
programs to compensate medical care providers for machine (called a Panorex), which takes pictures of the
doing health maintenance examinations at certain entire jaw. An additional advantage of an inhouse oral
intervals. Detention facilities may be able to use these surgeon is the familiarity with detained juveniles.
programs to be reimbursed for the cost of their initial Outside practitioners may lack the patience and
intake medical evaluations. empathy needed to work successfully with this special
population—which leads to fruitless trips outside the
institution, with the juvenile refusing service because of
fear or misunderstanding.
Quality Improvement
The health care team should have a written plan to
conduct ongoing continuous quality improvement. The
results of this effort should be documented and reported
to the appropriate reviewing agency for the institution’s
medical care section.

100
Minor Surgical Problems Suicidal thoughts and actions were common, with
girls reporting twice the rate of boys. For example, 40
Many juveniles will develop problems that require percent of the girls considered suicide, 35 percent
surgical procedures, which, if anticipated, can reduce attempted, and 20 percent were injured during an
the need for outside consultation. Suturing wounds, attempt within the past year. Suicide ideation and
removing foreign bodies (including bullets), and attempts were related to young age (under the age of
performing surgery on ingrown toenails are all tech- 13), white race, mixed race, use of drugs (especially
niques that the physician practicing detention medicine intravenous drugs), and a history of sexual abuse. Gang
can use. More complicated procedures, such as tattoo members were more likely to attempt suicide and to be
removal and dermatological surgery, are often needed, injured. Drug use also increased the incidence of all
and the procedures to obtain these services should be suicidal thoughts and actions.
determined in advance. Sexual intercourse was reported by 87 percent of
girls and 94 percent of boys. Sexually transmissible
infections were related to female gender, black race, a
Health Risk Behaviors by high number of sexual partners, a history of sexual
Incarcerated Juveniles abuse, previous pregnancy, alcohol use, and intravenous
drug use. Pregnancy was related to the same factors as
It would be expected that incarcerated juveniles well as gang membership. Those youth who reported
might engage in behaviors that would place them at using birth control pills had a slightly higher rate of
increased risk for injury and disease acquisition. pregnancy, while using a condom decreased the
NCCHC recently completed a survey of incarcerated pregnancy rate. A forced sexual event (sexual abuse)
youth’s health risk behaviors in 39 juvenile detention was reported by 15.5 percent of the group (11.2 percent
facilities throughout the United States (Morris, of males and 45.6 percent of females).
Harrison, Marquis, and Watts, 1994).
Sexually Transmissible Diseases
Most participants, both males and females,
reported drinking alcohol and smoking cigarettes. More Juveniles, especially risk-taking juveniles, fre-
than 50 percent began these activities before the age of quently engage in sexual activities, and as a conse-
12. The earlier the age of onset for drinking, the more quence, they have high rates of sexually transmissible
days of drinking and the greater the amount of binge diseases. In major cities, 15 percent of males and 45
drinking (drinking five or more drinks at a single percent of females entering detention will have at least
sitting). Marijuana was used by all racial groups, with one sexually transmissible disease. Most of these
Asians reporting the lowest use at 30 percent. Cocaine infections can be detected by testing the urine of males
was used by 35 percent or more of all racial groups, and by performing a pelvic examination on females.
except for African Americans, whose rates of use were Lead Poisoning Secondary to Retained
nearly 15 percent. Girls reported more drug use and
began using cocaine at an earlier age.
Lead Bullets
During the 12 months preceding incarceration, Bullets remaining in the body after gunshot
nearly 70 percent of both boys and girls reported being wounds may cause elevated blood-lead levels either
in at least one fight, and 25 percent required medical immediately after wounding or years later. Multiple
care for injuries sustained during the fight. Weapons use fragments, especially when embedded in a joint or
was common, and age was not related to the frequency incorporated in a bone callus, are most likely to cause
of fighting or using weapons. However, younger lead poisoning. Lead poisoning can cause headaches,
juveniles were more likely to be injured. abdominal pains, memory problems, anemia, infertility,
and in severe cases death. Stressful events—such as
Gang involvement was claimed by 46 percent of
surgery, severe illness, hyperthyroidism, or increased
the juveniles for both boys and girls. Most gang
metabolic rates—can precipitate sudden, life-threaten-
members joined by the age of 15. Compared with ing blood-lead elevations. When blood-lead levels are
nonmembers, gang members began sexual activity elevated, chelating agents (chemicals that help the body
earlier, had more partners, used less contraception, and excrete lead) should be used before surgery is per-
had a greater rate of sexually transmissible infection. formed in order to avoid serious lead toxicity.
The rate of fathering a child or becoming pregnant also
was higher for gang members.

101
Common Infections and Problems Juveniles are also subject to hyperventilation spells,
which can be confused with asthma. During an attack, the
The adolescent years have a high rate of infectious
youth first experiences the sensation of a tightened chest
diseases, many of which require the isolation of the
and the inability to catch his or her breath. This results in
patient until the infection is treated or naturally re-
very rapid breathing, which causes tingling of the hands
solves. Chicken pox, herpes zoster (a recurrence of
and feet, as well as lightheadedness. These unpleasant
chicken pox), and impetigo will usually be isolated.
sensations cause the patient to panic and breath faster and
Sports Injuries faster. Most spells stop after a few minutes, but occasion-
ally, the juvenile may pass out, at which time the breath-
The daily sports activities of adolescents cause a
ing returns to normal and the youth regains conscious-
variety of injuries to bones, muscles, and other organs.
ness. These attacks can be triggered by stress, a fearful
Level playing fields, careful supervision, and appropri-
event or memory, or a spontaneous unidentifiable cause.
ate exclusion of injured individuals can reduce the
Once a hyperventilation spell is recognized, it can be
number of serious injuries suffered during recreation
managed by explaining that spells are self-limited and not
periods. Youth who become injured should be evaluated
dangerous.
by a physician before they are permitted to play again.
Malingering and Chronic Complaining.
Other Chronic Diseases1 Patients who feign illness to arouse sympathy or
Detainees with known chronic illnesses present a manipulate are defined as malingering. Incarcerated
management dilemma to medical staff as well as youth rarely malinger, but when they do, there is often
probation officers and other personnel. In addition to a reason for the behavior. Careful, sympathetic
providing for the serious medical needs of these interviewing of the malingering patient usually reveals
individuals, staff must occasionally deal with youth the reason for the behavior. Minors may malinger
who may exaggerate their difficulties or fake new because they are afraid of bodily injury in the regular
symptoms for nonmedical reasons, special privileges, living unit. They may misunderstand court proceed-
individual attention, or excuses from physical activity. ings, placement orders, or other judicial events. They
The person rarely will wish to cause disruption. may wish to be with a friend and try to manipulate a
change of location to join the friend.
On the other hand, youth with legitimate chronic
illnesses are also likely to experience significant Also, malingering may be misdiagnosed for some
symptoms, which may result from complications of the persons suffering from psychosomatic illnesses
basic illness or the development of new diseases. The brought on by stress. Many juvenile offenders
problem distinguishing a real illness from faked or experience significant stress in the form of school
exaggerated complaints can be difficult even for a failure, parental neglect, or loss of a family member
physician, especially for a juvenile detention or friend. Although there may not be a diagnosable
careworker. Although some judgment must be exer- physical illness in these patients, they are still suffer-
cised, the careworker should always make a medical ing from real pain and discomfort.
referral if there is any reasonable doubt about the Chronic complaining can also be a symptom of
youth’s need for medical care. Even a known malin- depression or an impending suicide attempt. Despite its
gerer may develop a real disease. Juvenile careworkers unpleasant nature, chronic complaining should be taken
must avoid premature judgments influenced by a seriously as a symptom deserving further evaluation.
youth’s previously deceptive behavior.
Hidden Medical Problems That Can
Asthma. These individuals are subject to sudden
periodic episodes when the small air passages (bronchial Cause Behavioral Problems
tubes) inside their lungs narrow and impede the inhaling Occasionally, an adolescent may have a physical
and exhaling of air. This shrinkage reduces the level of problem that manifests itself through behavioral
oxygen entering the body. Some incidents are mild and abnormalities. The following medical problems can
respond readily to inhaled medication. These inhalers lead to abnormal behaviors:
should be under the control of medical personnel or • Hearing problems caused by holes in the ear
juvenile careworker staff. Occasionally, inhalers do not drum or other damage to the ear may result in
work, and more serious airway obstruction can occur. loud talking or failure to follow verbal
Therefore, an asthmatic appearing to have difficulty directions.
breathing should be referred to early medical care. • Poor vision can lead to failure to follow visual
directions or poor school performance.

102
• Attention deficit disorder and hyperactivity are the outcome of their pregnancy to be. Laws regarding a
manifested by an inability to sit still or minor’s access to abortion vary from State to State.
concentrate on one task for more than a few Advance planning and agreement between the custody
minutes. and medical staff regarding abortions can prevent
• Petit mal epilepsy appears as daydreaming or conflicts when a pregnant female arrives. When
failure to pay attention. protocols are in place, it is less likely that a change in
personnel at the institution will lead to a change in
• Enuresis (bed wetting) may be caused by
established procedures. For girls wishing to complete
bladder infections or may run in families.
their pregnancy, prenatal care and delivery services
• Stool withholding and the resulting leakage of must be provided. Most institutions will contract these
bowel movements (encopresis) may be due to services to a community agency. Plans for the baby
severe stress or sexual abuse during the life of must also be made before the child is born.
the adolescent.
Incarceration of mothers also results in problems
• Poor coordination can be caused by birth for the young mother and her baby. Concern about her
trauma, which affects portions of the brain. child’s welfare should be expected and supported.
This particular deficit may not be treatable, but Saying that the mother should have considered the
once understood, the youth can be better outcome of her actions before committing the crime is
counseled as to what he or she can expect to not helpful in this situation and only increases suffering.
accomplish. Medical staff can check on the child’s welfare and
• Some genetic disorders, such as Klinefelter’s report back to the mother. Planning for the future care
syndrome, result in behavioral problems. needs of the child can make incarceration useful for the
Many of these disorders are detectable during mother by increasing her parenting skills.
a complete physical examination. Some institutions have established visiting days for
Although all the previously mentioned problems are children and have set up special organizations to
individually quite rare, when the sum of all the problems support incarcerated mothers and their children. The
is added, the total is quite large. A youth who seems children of incarcerated mothers bear a burden not of
different or unusual may benefit from a medical evalua- their own doing. Any safe intervention that medical or
tion to determine if there is a treatable medical condition. careworker staff can devise to lessen the suffering of
these children should be attempted.
Eating disorders affect primarily women and tend to
Special Needs of Incarcerated begin in the adolescent years. The causes of anorexia and
Females bulimia are not known, and their treatment is long and
difficult. Anorexia causes the patient intense fear of
Females usually make up a small proportion of the becoming obese, which is dealt with by severely restrict-
incarcerated population in juvenile facilities, and ing food intake. The anorectic sees herself as being fat
therefore, their special medical needs may be over- even when very emaciated. The bulimia patient, in an
looked by both careworkers and medical staff. Repro- attempt to prevent weight gain, restricts food intake but
ductive problems—such as painful menstrual periods, eventually is overcome with a desire for food and binges.
irregular periods, or excessive menstrual blood loss— After eating large quantities of food, the patient has
require appropriate diagnosis and management. feelings of remorse and vomits to remove the food from
The dispensing of oral contraceptives during the stomach.
detention allows initiating them in a controlled environ- The behavioral symptoms of these disorders appear
ment where problems can be addressed as they arise, to be under voluntary control by the casual observer, and
preventing the juvenile from not using the pill for this apparent control may lead to inappropriate punitive
inappropriate reasons. If side effects develop, the measures or may cause conflicts among staff members
practitioner can change the oral contraceptive to a who may disagree about how to treat the patient. The
dosage less likely to cause the problem. Young women management of eating disorders is a challenge to medical
who have successfully started using oral contraceptives care providers in the best of circumstances. In detention
are more likely to continue taking them over a pro- facilities, the staff can become overwhelmed by the
longed period. complexities and their own reactions to the patient.
Some incarcerated females are pregnant when they Planning in advance by the medical, psychological, and
enter detention and must decide what they would like careworker staff allows the development of protocols to
guide the management of these patients. Small facilities

103
could seek the advice of experts at the nearest medical the mouth or a recurrence of chicken pox (called herpes
school or other large medical facility before a crisis zoster). At lower levels of CD–4 cells, more serious
develops. Experts can also be asked to review protocols life-threatening infections or cancers will develop.
for appropriateness and accuracy. If conflicts develop Physicians measure the number of CD–4 cells, which
between the medical needs and custody concerns, a provides an estimate of disease progression.
compromise can usually be advised. In normal individuals, the number of CD–4 cells
Lifetime suicide ideation, attempts, and injuries ranges between 400 and 1,500 (usually above 800).
are twice as prevalent among incarcerated girls than When the HIV patient’s CD–4 cells fall to 500, most
among boys. When comparing incarcerated girls to authorities suggest beginning the antiretroviral drug
high school girls, NCCHC found that 35 percent of zidovudine (once called AZT, now called ZVD), which
incarcerated girls had attempted suicide compared slows the progression of the illness.
with 11 percent of high school girls. The injury rate The actual diagnosis of AIDS is made when the
was 20 percent for incarcerated girls and 2 percent for patient develops a serious opportunistic infection, such
high school girls. Drug use of all types increases the as pneumocystis carinii pneumonia, or when the
risk of suicide thoughts and attempts. Cocaine, crack, number of CD–4 cells falls below 200. At the level of
and intravenous drugs markedly increase the rates. 200 to 300 CD–4 cells, additional drugs are usually
Although incarcerated girls have comparable alcohol added to help prevent the occurrence of opportunistic
drinking rates, they have higher rates of cocaine use infections. Even with low levels of helper T-cells, the
and use more of the drug. Twice as many incarcerated patient can remain well and productive if infections can
girls use intravenous drugs than do boys. Sexual abuse be avoided.
also doubles the chance that an incarcerated juvenile
The virus eventually becomes resistant to ZVD,
would report suicidal behaviors. Clearly, incarcerated
which means the drug is no longer able to slow the rate
girls are at greater risk for a number of psychological
of progression. Recently, several drugs—didanosine
problems and require careful evaluation for appropri-
(ddI) and zalcitabine (ddC)—were marketed and can be
ate mental health interventions.
used alone or in combination with ZVD. These drugs
work well for some persons, but for others, the disease
continues to weaken the immune system. When patients
Human Immunodeficiency Virus reach a level of helper T-cells less than 50, they are
(HIV) and Acquired Immune usually quite frail and require significant medical care.
Deficiency Syndrome (AIDS) However, a few people remain well even at these low
levels. The rate of HIV progression varies from person
Infection with the virus (HIV) eventually leads to to person, but the average interval from initial infection
the development of AIDS, an incurable, fatal disease to the diagnosis of AIDS is 10 years or more.
that affects the body’s ability to fight off cancers and
HIV Diagnosis
infections. At the time of initial infection (the primary
infection), the person may become sick with a flulike Because the disease is silent (asymptomatic) for
illness that lasts several days or weeks. However, years, alternative methods of diagnosis became neces-
many persons do not become sick during the primary sary. A blood test that measures the body’s reaction to
infection. The virus first attacks a specific blood cell HIV can detect the infection in a person about 1.5 to 3
called a helper T-cell (CD–4). During this first stage, months after the primary infection. A simple, quick
the virus reproduces rapidly in the body, and the screening test (called an ELISA) is done first, and if
infected person is believed to be more likely to pass that is positive, a more expensive and complicated test
the infection on to others. (called a Western Blot) will be performed to confirm
Once the primary infection passes, a relatively that the infection is actually present.
quiet phase begins, which may last several years. Despite the double testing, all medical tests have
During this time, the person does not feel or look sick some false results. When many individuals at low risk
and may be unaware of the infection. The person still for HIV infection are tested, inevitably a few will have
can transmit the infection, but at a lower rate than tests that are falsely positive. Therefore, all positive
during the primary infection. During these years, the tests should be repeated before concluding that a person
number of helper T-cells gradually falls until there are is HIV positive. In some cases, additional tests, such as
too few to fight off diseases. At first, the patient measuring CD–4 cells, will also be performed to be
develops youth infections, such as yeast infections in sure that HIV is truly the cause of a positive test.

104
How HIV Is Transmitted • During deep kissing, human bites, or external
Most cases of HIV occur in homosexual or contact with body fluids, such as spitting or
bisexual men, intravenous drug users, or their sexual urinating on intact skin.
partners. Additional cases are found in hemophiliacs Objects that potentially could have blood on them,
and persons who received infected blood or blood such as razors or toothbrushes, should not be shared
products during transfusions before testing for the virus because of the transmission risk for many diseases,
began in 1985. HIV-positive mothers also have about a including HIV.
30 percent risk of passing on the infection to their
Prevention of Infection
babies. Use of ZVD during pregnancy has cut the
infection rate for babies to about 7 percent. After 12 years of experience, it still appears that
As the virus spreads into the heterosexual those at risk for infection are individuals who engage in
population through intravenous drug users and their unsafe sexual practices, especially with persons
partners, more and more infections will result from belonging to high–risk groups (i.e., homosexuals,
heterosexual contacts. Adolescents have high rates of bisexuals, or intravenous drug users). Preventing these
sexually transmissible diseases and are at risk for risk behaviors will reasonably control the transmission
contracting the virus. of the virus. Although the juvenile careworker does not
usually engage in any of these behaviors with the
Transmission cannot take place through casual wards, he or she will want to minimize exposure to
contact, such as shaking hands or sharing toilets and
bodily fluids from accidents and fights, even if such
living spaces. The skin protects us from penetration of
exposures are unlikely to result in transmission.
both viruses and bacteria.
Because most individuals with HIV are asymptomatic
HIV is found primarily in blood, semen, vaginal and cannot be readily identified, all blood spills should
secretions, and breast milk. Although it has been detected be considered infectious, not only for HIV but also
in very small quantities in other fluids, the virus in these other diseases. Using gloves and proper disinfection
fluids appears to be incapable of causing infection. The will adequately protect personnel and juveniles.
virus is difficult to transmit, and special conditions are
The most useful weapon to prevent HIV infection
required for transmission to take place. There must be
in institutions is the education of all staff and detainees,
blood to blood contact, as happens in needle sharing, or
not only so-called high-risk persons. Discussions of the
sexual fluids must contact blood, as happens in some
cause and prevention of transmission—such as using
sexual practices such as anal intercourse or to a lesser
safer sexual practices, limiting the number of partners,
degree vaginal intercourse. During vaginal intercourse, and avoiding contaminated needles during intravenous
male to female transmission occurs more frequently than drug use—must be repeated many times. To allay
female to male. It is estimated that the risk of transmis- unfounded fears, everyone should also be educated
sion to an uninfected female from an infected male about what does not lead to transmission. Because
during a single episode of unprotected intercourse is institutional regulations usually prohibit sexual relations
1 infection per 1,000 episodes of vaginal intercourse. or drug use, normal supervision and security practices
Transmission does not happen: will curtail unsafe practices within the facilities.
• During casual contact with infected
individuals. Detection of HIV-Positive Minors
• Through the air. Diagnosing HIV-positive juveniles is important so
that treatment can begin early in the disease process,
• During contact with nonliving objects (i.e.,
when it will be most beneficial. Laws regarding the
books or eating utensils).
testing of juveniles (adolescents or youth) vary by
• Through mosquito bites or other insect location, but nearly every State allows youth to consent to
contacts. HIV testing. The linchpin of successful HIV detection is
• Between health care personnel and patients, trust of the medical and detention staff by the juveniles.
even when contact is prolonged. (Even under Juveniles are more likely to agree to voluntary testing
extreme circumstances, such as an HIV- when they feel secure and do not fear unwarranted
contaminated needle stick, the risk of transmis- reprisals or discrimination if they test positive.
sion is only 1 chance in 260, and splashes of Appropriate pre- and post-test counseling must
contaminated blood hitting the eye or large open accompany any HIV testing program. If local regula-
wounds have rarely resulted in transmission.) tions require disclosure of a detainee’s HIV-positive
status to nonmedical personnel, the juvenile should be

105
so informed before testing. Staff who might be in- Philosophy Regarding Care for HIV
formed of the test results should be fully educated Patients
regarding confidentiality and the legal penalties for
Working with any seriously ill person can be both
breach of confidentiality. Other institutional regulations
challenging and rewarding. The HIV-positive person
regarding HIV-infected detainees must also be dis-
faces many challenges to both emotional and physical
closed. Even though unfavorable events will happen if
health. It is impossible to discuss all situations in this
persons test positive, most youth will consent to testing
chapter. When questions arise, unit staff should consult
if they understand the reasons and benefits of knowing
their supervisors as well as the medical staff for
their HIV status. Some youth may resist for a time, but
guidance. Coordination between correctional and
with continued counseling without coercion, nearly
medical staff often solves very complicated problems.
every juvenile will eventually agree to be tested.
Although some institutions have elected to isolate
all HIV-positive detainees in one location, most have Common and Noteworthy Diseases
not. It may be useful to place a newly diagnosed youth
in the infirmary for a short time so that the patient’s
initial reaction to the infection can be managed. Epilepsy
Infirmary care allows daily contact with the medical The brain is a collection of nerve cells that operate
staff so questions can be answered and maximum using very mild controlled electrical currents. Epilepsy
support provided. Once the juvenile and staff believe it results from uncontrolled electrical waves that begin in
is appropriate, the youth can return to a regular living one area of the brain and spread to adjacent areas.
unit. If the youth’s behavior is erratic or dangerous to Anyone may have a seizure under extreme circum-
others, then continued infirmary care or other reason- stances, but epileptics have a lower threshold than
able isolation procedures may be necessary. Because normal people and will have seizures more easily.
HIV-infected individuals can evoke a variety of un- Seizures (spells) can be provoked by fever, illness, sleep
pleasant reactions from other persons who come into deprivation, or emotionally upsetting events. However,
contact with them, supervisory personnel must carefully most seizures are not preceded by any causal event.
guard against unwarranted punitive reactions toward During a seizure, the patient may exhibit any of the
HIV patients by the careworker staff. following signs: convulsions, sometimes referred to as
All persons interacting with HIV-positive individuals fits or spells; impairment of motor control (falling); loss
should strive to be as supportive, understanding, reassur- of consciousness; and psychological or behavioral
ing, and responsive as possible. Special counseling difficulties. Seizures are divided into three main types:
programs and individual treatment often work to prevent grand mal, petit mal, and psychomotor episodes.
needless suffering and undesirable behavioral reactions. During grand mal seizures, people lose conscious-
For example, in some cases, juveniles who are sick may ness and have violent movements. After blacking out,
be granted early release. However, in other cases, they become stiff and barely breath. Severe twitching of
inadvertent disclosure of a detainee’s HIV status may the muscles and shaking of the body follow. Breathing
result in a longer confinement or other punitive measures. can be temporarily restricted, causing the person to turn
Danger to Staff blue for a few seconds. There can also be frothing at the
mouth. Sometimes, there is loss of bladder or bowel
Transmission of HIV from youth to careworker control during the course of an attack. The eyes may
staff is so unlikely that it is virtually nonexistent in stare straight ahead, roll upward, or look to the right or
usual circumstances. However, universal precautions left. Medical personnel who arrive after a seizure has
call for bodily fluids, especially the blood of all ended may want to know which of the events listed
persons, to be regarded as potentially infectious. above occurred during the seizure. This information can
Adhering to the rule protects everyone from infection be useful in diagnosis, especially if this is the youth’s
by known and, more importantly, unknown sources of first seizure.
infection. Staff members can continue to have normal
Some epileptics experience a warning feeling
contact and provide normal services to all those under
(called an aura), which allows them to protect them-
their care. If there is a blood spill, employees should
selves before the attack begins by lying down. However,
carefully follow the institution’s policy for containing
most do not receive any warning, and they will fall
the spill and should initiate proper cleanup procedures.
down at the beginning of an attack. Some epileptics
involuntarily emit a cry before their attack begins.

106
Grand mal seizures are usually followed by a period of medications. Once these drugs are prescribed, it is
confusion and lethargy. important for the patient to take them because sudden
A petit mal seizure causes brief losses of con- discontinuation of antiseizure drugs can cause a severe,
sciousness that last from a few seconds to half a minute. long-lasting convulsion. In fact, many seizures in
Because the person does not lose muscle strength, he or previously controlled epileptics are due to a failure to
she does not fall down. These individuals may appear to take the prescribed medication. Some epileptics resist
be daydreaming or not paying attention. Rarely, a taking their medication because of side effects, such as
person may experience petit mal status, which means he drowsiness.
or she has continuous short seizures and appears dazed For these reasons, administration of medication
or incoherent. The patient is unconscious and unaware should be closely supervised, ideally by a trained
of what is happening during the seizure. At the end, the medical staff member. Liquid medication when
patient returns to his or her normal state and is unaware available also helps ensure compliance. Educating
that the seizure happened. An individual can become youth about the reasons for their medication and about
injured during these seizures because of inattention. the transient nature of drug side effects will help to
During a psychomotor seizure, the epileptic has no reduce refusal to take medication.
convulsion but experiences reduced consciousness and
loss of memory. The patient retains the ability to act but Diabetes
only in a purposeless fashion, often speaking nonsense, To use the foods that we eat, the human body
making chewing movements with his or her mouth, or requires certain chemicals, which it produces. Insulin,
engaging in bizarre or threatening behavior. The produced by the pancreas, is a hormone that helps the
psychomotor seizure is much less common than the body use sugars properly. A diabetic produces too little
grand and petit mal types. or no insulin. When there is an imbalance between
Recommended Staff Response to a Seizure. The insulin and sugar, the body cannot use sugar as a fuel,
emergency treatment of an epileptic convulsion first and the person becomes ill.
involves realizing that it must run its course; there is There are basically two types of diabetics. Most
nothing one can do to stop it. Because the seizure is children and adolescents have type I diabetes, and their
often dramatic, staff and other juveniles may react bodies produce no insulin. These persons require
inappropriately to the epileptic both during and after the insulin replacement by injection two or more times per
seizure. A calm mind can often prevent overreaction day. The amount of sugar in the blood is usually
and give others appropriate information after the seizure measured by finger stick blood tests three or four times
terminates. every day to determine how much insulin is needed.
During a major attack, the person will thrash about Adults usually have type II diabetes, and their bodies
violently. A pillow or other substitute such as a coat produce some insulin, but not enough to meet all needs.
may be placed under the person’s head to prevent These patients can be managed with a drug that
bruising of the face and scalp. Remove nearby objects increases their pancreas’ supply of insulin.
that might injure the person. If the patient is overweight, then weight loss will
If the person appears to be choking, the tongue decrease the amount of sugar the person must process.
may have fallen into the back of the mouth, obstructing In both types of diabetes, careful attention must be paid
the airway. Rolling the patient onto his or her side to maintaining a diet that balances the proper propor-
allows the tongue to drop forward and clear the airway. tions of sugar, protein, and fat. With proper attention,
Never place an object into the mouth or put your fingers healthy diabetics can live and work in the same way as
between the teeth of a seizing patient. These maneuvers nondiabetics.
can result in broken teeth and bitten fingers. Adolescence is a difficult time for diabetics
If the patient vomits, wipe the vomit from the because of the restrictions they must endure. Self-
cheeks and keep the patient on his or her side so that image also suffers because the juvenile must face the
gravity will facilitate drainage of the vomit. Tight lifelong implications of a chronic illness—which can
clothing such as a belt or closely fitting collar should be lead to oppositional behavior, including refusing to take
loosened. After the thrashing stops, let the person rest insulin or cheating on the diet. Almost all juveniles do
or sleep and recover. Persons who have recently had a this occasionally, but delinquent youth are more likely
seizure should not engage in hazardous activities. to continuously threaten noncompliance. Patience of the
staff is required during these times. Avoid threatening
Treatment. The long-term medical control of
or blaming the patient. Although obesity is a factor in
epilepsy involves a physician prescribing antiseizure

107
adult diabetes, it is not usually a factor in juveniles constant from day to day. Some diabetics may receive a
unless the youth is eating too much and gaining too late meal in the form of a bedtime snack to keep their
much weight. Excess sugar does not cause diabetes, and food intake more constant throughout the day. (Most
we should avoid reinforcing this popular misconcep- diabetics receive three meals and two snacks per day.)
tion, especially because it causes unwarranted guilt.
Tuberculosis (TB)
During discussions with the diabetic juvenile,
allow the youth to express his or her concerns regarding Tuberculosis was once thought to be in decline and
the disease and its treatment. After learning what the under control in the United States. However, during the
youth thinks and believes, the counselor can effectively past decade, the number of cases of active TB has
guide the patient toward voluntary compliance. Occa- increased, especially in the detained adult population
sionally, a psychiatric referral is needed when the and among people with HIV infection. For these
diabetic is very depressed and may be using opposition reasons, institutions dealing with detained juveniles
as a method to control others or to commit suicide. must screen all new arrivals with a skin test to detect
Diabetes-Related Problems. A diabetic coma TB infection. Prompt identification of persons with
involves very high blood-sugar levels and dehydration, both active (contagious) and inactive (noncontagious)
which usually result from insulin withdrawal, infection, diseases allows appropriate treatment and prevents
or improper diet. An insulin reaction (insulin shock) potential epidemics within the institution.
appears rapidly, is much more common than a diabetic The large majority of patients will have inactive
coma, and is due to a dose of insulin that exceeds the disease and pose no risk of infecting others. Staff within
body’s needs under the circumstances. If a diabetic institutions may become confused about patients with
coma is suspected, immediate medical attention is inactive TB and incorrectly believe that the patient
mandatory; without treatment, a diabetic coma can could be infectious. Appropriate training of staff can
result in death or permanent, serious brain injury. help avoid this problem.
Fortunately, most diabetics are familiar with their When patients are found to have active TB, they
condition and are concerned about managing their lives require isolation until they have received sufficient
in a way that will not aggravate the condition. In treatment to be rendered noninfectious. Ideally, the
addition, most diabetic-related reactions are mild. Every patient should be housed in a special room with
diabetic who takes insulin should have some form of negative pressure ventilation, which exhausts air outside
sugar available at all times, in the event of an insulin the building and causes air to flow into the room
reaction. In juvenile facilities, this sugar supply may be whenever the door is opened. This ventilation prevents
kept in the living unit and school. A diabetic requesting the infectious bacteria from blowing into the corridor,
sugar because of a reaction should always be given where another person might be exposed to the infection.
immediate access to juice or candy. (Diet soft drinks do All staff and youth who came into contact with the
not contain sugar.) patient before diagnosis should be examined, and
When an adverse insulin reaction is too rapid for 2 months of prophylaxis with isoniazid should be
the diabetic to help himself or herself, sugar in some offered to all persons who have a negative skin test for
form should be given immediately if the patient is still TB. Those with a positive test should be treated as any
conscious. Because insulin reactions can also cause the other person who is found to have a positive skin test.
diabetic to act silly or strange, personnel dealing with In small facilities that lack extensive medical care, the
diabetics should recognize unusual behavior as a local public health department will provide guidance
possible insulin reaction and give sugar. If the condition for treatment and handle the case finding and manage-
is not corrected promptly, the diabetic may lose ment of exposed individuals.
consciousness entirely.
If a diabetic becomes unconscious for any reason,
call for medical assistance immediately. A coma can be Drug Abuse and Addiction
a serious or fatal threat to the life of a diabetic if
Many juvenile delinquents use legal and illegal
medical attention is not given immediately. A diabetic’s
mind-altering drugs. They may experiment occasionally
dose of daily insulin may vary over time and requires a
or use continuously, inflicting serious psychological
physician to adjust the dose in response to the diabetic’s
and physical damage. Addiction refers to continuing
previous blood-sugar levels.
uncontrolled usage despite serious adverse conse-
As a part of the diabetic’s regular medical treat- quences. Some drugs are physically addicting, resulting
ment program, food intake should be kept relatively in physical sickness or even death upon sudden with-

108
drawal. Other drugs cause psychological addiction, severe agitation and aggression. Likewise, LSD can
resulting in severe mental distress during withdrawal result in pleasant hallucinations one time and severe,
but no threat to the life of the person, except for the uncomfortable reactions the next time. Marijuana
possibility of suicide. produces few outwardly visible effects, except blood-
Physical addiction follows continuous use of some shot eyes and a tendency to relate strange thoughts.
drugs and results from a process in which the brain Cocaine and amphetamines may cause dilated pupils.
undergoes chemical changes in response to usage. If the Some narcotics cause pinpoint pupils, while others
drug is stopped, an imbalance results, which can cause dilate the eye.
seizures or other adverse events. Permanent marks occur in intravenous drug users
Psychological addiction (habituation) comes from who scar their veins by repeatedly injecting caustic
the addict substituting and preferring the drug euphoria materials. This mainlining of drugs results in “tracks.”
much more than normal daily activities. The person Other addicts inject just under the skin (“skin pop-
becomes dependent on the drug to the exclusion of ping”), which results in puncture wounds and scars.
other activities. Eventually, some addicts begin to Tattoos sometimes conceal old needle scars.
experience unpleasant side effects from the drug or Juveniles who arrive in detention and appear to be
become aware of how dependent they are. At these under the influence of a drug should be evaluated by
times, the addict may successfully enter treatment. medical personnel before admission. Drug reactions can
Unfortunately, many addicts who end up in prison are suddenly progress to life-threatening events. Some-
not yet motivated to quit and make poor candidates for times, drug dealers swallow their products to avoid
drug rehabilitation. Nonetheless, detention does being apprehended with the drugs in their possession.
separate drug users from their drugs, which is the first Several minutes or hours later, the person will experi-
step in any drug rehabilitation program. Detention and ence an overdose of the drug. Unfortunately, the word
corrections programs that take advantage of this of the newly detained drug user cannot be trusted
separation may successfully rehabilitate some abusers. because of fear and misunderstanding. Therefore, if
Many drugs are abused, but the popularity of there is any suspicion of drug ingestion or intoxication,
different drugs varies by geographic location, race, and the juvenile should be sent to a well-equipped emer-
year. Currently, crack cocaine leads the list of abused gency department for monitoring.
drugs. However, marijuana and alcohol are probably If drug abuse while in detention is suspected, the
used more frequently. Narcotics or depressants (barbitu- unit supervisor should be notified, and prearranged
rates and diazepam [Valium]) are less common but procedures should begin. Youth under the influence of
result in physical withdrawal. Speed (amphetamines) some drugs such as PCP are very dangerous, and care
and hallucinogens (such as LSD and PCP) also are less should be taken in approaching them. However, these
common but are gaining in popularity, especially in episodes are quite rare in juvenile facilities. Also, many
certain groups. of the commonly administered prescription drugs used
Many users combine drugs and often mix them by physicians to calm belligerent patients cannot be
with alcohol. Drug users often crave drugs and will used if drug abuse is suspected because of the poten-
commit crimes in order to pay for the drugs. Eventually, tially fatal interactions between the abused and the
some of these people will be arrested during the prescription drug. Known drug users bear close
commission of a crime, and many will be under the watching, especially during visiting hours, to prevent
influence of a drug at the time of arrest. the passing of drugs to the user.

Symptoms of Drug Use Treatment of Drug Withdrawal


Physicians know that a juvenile who is acting crazy Patients withdrawing from some drugs are uncom-
is more likely being influenced by drugs than by mental fortable, while other drugs cause life-threatening
illness. Each drug produces unique reactions. Cocaine symptoms when they are stopped. Withdrawal can be
causes a feeling of well-being in a talkative, restless treated successfully over a period of several days by a
patient who will calm down and become depressed a physician utilizing nonnarcotic drugs that block the
short time later. Amphetamines cause a similar reaction, symptoms of withdrawal. Medical care providers may
but their effects last longer. Narcotics and barbiturates find it useful to devise specific protocols for the
cause slurred speech, staggering, lack of coordination, treatment of drug withdrawal so that the approach to
or sleepiness, and overdoses result in decreased withdrawal is standardized for all detainees.
breathing or death from profound depression of body It is important to refer patients suspected of
functions. PCP can cause a mild dissociative reaction or withdrawing to medical care. The misguided impulse to

109
let drug abusers suffer without treatment must be individual. Complicating this intoxication are serious
resisted on both humanitarian and medical grounds. and life-threatening physical reactions, such as muscle
Small institutions can refer their withdrawing patients damage and kidney failure. Although withdrawal signs
to outside health care facilities or have consultation are absent, hallucinogens do cause flashbacks during
resources provide advice. which the person experiences the effect of the drug long
after it was taken (days or years).
The Nature of Abused Drugs and All institution staff must be aware that a drug
Their Withdrawal overdose is potentially fatal. Any youth found in an
True narcotics can be divided into opium deriva- unconscious state or with an altered consciousness must
tives that have strong sedative and addictive potential receive immediate medical attention aimed at reversing
and that cause intense physical craving that results in the effects of the drug.
severe physical symptoms if the drug is not adminis-
tered regularly. Synthetic narcotics such as meperidine Alcohol Abuse
(Demoral) cause addiction but have a more excitatory Alcohol is the preferred drug for most juveniles.
effect. Codeine addiction occurs but is less intense. Many youth are regularly drinking five or more drinks
Withdrawal of narcotics results in shivering, “goose on a single occasion. Many delinquents report getting
bumps,” rapid heartbeat, muscle and bone pain, intes- drunk several times each week.
tinal cramping, and vomiting. These symptoms begin Violent crimes, including assaults and vehicular
approximately 6 hours after the last dose and last for manslaughter, are often committed while under the
several days. Methadone withdrawal starts later and influence. Alcohol can cause serious liver and brain
lasts longer. damage in adults, but these problems usually take years
Depressants—such as barbiturates, diazepam to develop. Likewise, withdrawal symptoms happen to
(Valium), and sleeping pills—affect the brain and muscle adult drinkers. Of more concern in juveniles is alcohol
control. Discontinuing the drug causes various degrees of poisoning, which leads to death due to respiratory
anxiety, insomnia, tremors, delirium, convulsions, and paralysis.
potentially death in the case of barbiturates. Youth workers should inquire into the role that
The opposite of sedative drugs are stimulants alcohol played in the crimes of their probationers.
(amphetamines), such as Benzedrine, Dexedrine, Appropriate referral for alcohol abuse treatment must
methamphetamine, preluden, Ritalin, and cocaine. be made for successful rehabilitation of delinquents.
Users of these drugs are overexcited, irritable, restless, Although a youth worker at first may be flattered by the
and sometimes psychotic in appearance. Withdrawal attention of a dependent person, the constant need for
causes depression, apathy, and days of sleeping or reassurance soon wears thin, and the staff member
disorientation. Some of these patients will be malnour- begins to experience resentment.
ished because the drugs depress appetite, and the user
does not eat.
Endnotes
1
Hallucinogens such as LSD and PCP cause Adapted from R.E. Morris and C.J. Baker. 1992.
hallucinations and poor perception of time and distance. “Health Care for Juveniles in Correctional Institu-
PCP-induced violent or psychotic episodes can require tions.” In Juvenile Careworker Resource Guide.
large numbers of staff or restraints to control the Laurel, MD: American Correctional Association.

110
Chapter 10 The Need for Strong Programs in Detention

Juvenile detention is one of the most important • Social skills training (11).
elements of the juvenile justice system and one of the • Home detention programs (9).
most difficult. Daily operations can be overwhelming,
• Delinquency prevention programs (8).
especially with the number of overcrowded, under-
staffed, and inadequately funded facilities. Despite the • Self-esteem programs (7).
many common problems facing juvenile detention • Conflict resolution (6).
across the Nation, most detention facilities remain • Vocational education (6).
relatively isolated. The ability to visit other programs or The number of innovative ideas and the range of
to share ideas with colleagues is often seen as a luxury. different program concepts indicate that a considerable
The beliefs that each detention center is unique and that amount of programming is occurring within juvenile
what works in one facility cannot work in another detention facilities. Programs often do not receive
frequently accompany this isolation. Under these attention or publicity due to nonexistent or subjective
circumstances, the exchange of ideas and program evaluation strategies. However, numerous descriptions
information is quite rare. indicate that program ideas have been in place for many
years. The survey results create a very powerful
response for those juvenile justice and juvenile deten-
Renewal of Programming in tion practitioners who say that programming cannot or
Juvenile Detention should not be a part of juvenile detention.

Juvenile detention is experiencing a renewed


emphasis on programming. Programs are linked to Rationale for Programs
improved conditions of confinement, reduced problems
in crowded facilities, improved resident and staff safety, The need for strong programs in any detention
and increased resistance to liability (Parent et al., 1993; facility depends on the type of youth detained. Detained
and Roush, 1993). On a larger scale, shifts in juvenile juveniles are the community’s most troubled and most
justice have placed greater importance on programs as a troublesome youth. The time they spend in detention is
means of addressing the problems of serious, violent, crucial. It is a period when their belief in themselves
and chronic juvenile offenders (Krisberg, 1992; has been shattered and distorted. They are confined
National Coalition of State Juvenile Justice Advisory against their will, and earlier supportive relations of the
Groups, 1993; National Council of Juvenile and Family home and community are severed as they pass beyond
Court Judges, 1993; and Wilson and Howell, 1993). the locked door.
As a part of the Juvenile Justice Personnel They bring with them considerable anxiety and
Improvement Project (JJPIP), the National Juvenile hostility. Some are withdrawn, while others are ex-
Detention Association (NJDA) conducted a nationwide tremely aggressive. Some are so disturbed that they do
survey of detention practitioners to determine the range not dare show their true feelings. They are upset, and
of innovative and effective programs and concepts detention can make them more upset. Many carry with
(Roush and Wyss, 1994). NJDA received 98 program them feelings of hostility toward adults, authority, and
descriptions containing 336 innovative and effective society in general. Some have a strong identification
program ideas. The ideas were grouped according to with older delinquents and antisocial goals.
topics. The most common are as follows, including the Putting an upset youth in a group of other upset
number of innovations listed in parentheses: youth can only serve to compound problems unless
• Treatment (37). proper measures are taken. What can detention do to
• Detention education (28). halt what would seem to be a natural outcome? There
• Substance abuse (18). are many goals of detention, but these goals appear to
be the most immediate. Detention has the obligation to
• Activities (15). hold youth, curb their impulsive behaviors, and mend
• Family and parenting programs (15). their social ills. The mending partially consists of
• Volunteers (15). controlling behavior so that detainees do not harm
• Behavior management (14). themselves or others. It also means assisting other court

111
personnel in forming a clear diagnostic picture, youth has for adults. Like programs for the
changing the youth’s distorted views of themselves and mentally ill, one certain activity can be the
their situation, offering some worthwhile goals, and start of a rehabilitative process for a withdrawn
preparing them for later treatment. youth. Detention is not geared to rehabilita-
Although there is debate about the best approach tion, but it can start the process.
for detention personnel to take in rendering programs to • Confined against their wishes and afraid of
mend social ills, detention professionals have learned their surroundings, associates, and their future,
what not to do. One product of experience is a list of many youth experience increasing tension.
several approaches that do not work. These failed Good programs should provide for a release of
approaches include: emotional and physical tensions. The programs
• Being punitive. should be varied in order to find activities that
will “unfreeze” the youth.
• Being repressive of all behavior.
• Being overly permissive. • A universal trait of delinquents is that they
have little regard for their own ability and
• Being inconsistent (permissive, then worth. They lack confidence in themselves.
repressive). Good programs can help them discover hidden
• Ignoring individual needs (being too group abilities, develop new skills, learn basic facts,
centered). and develop new feelings about their responsi-
• Using “give them a good time” approaches. bility to improve. They can come to a more
• Failing to relate detention experiences to the realistic appraisal of themselves.
youth’s behavior in the community. • A youth worker’s success in detention is
Even weak programs serve to reduce the number of greatly dependent on the warm, trusting
problems in detention. Moreover, well-designed relationship that is possible between staff and
programs are indispensable tools in accomplishing the juveniles in their charge. It cannot be overem-
many goals of detention. There is agreement about the phasized that programs are one of the best
following benefits of detention programs: means available in establishing such a
relationship.
• Good programs keep the detained youth so
busy that they do not have time to think of • A direct approach by a staff member causes
ways to vent hostility on detention. The value the untrusting juvenile to back away and set
of keeping busy should not be overlooked. up a barrier between himself or herself and
Youth give less thought to harming them- the adult. When the youth leader “comes in
selves, others, the building, and equipment. the back door” by being a teammate in a
They give more thought to the positives that volleyball game, by giving reassurance
are an outgrowth of the program. during crafts projects, or by helping the
group win the housekeeping trophy, he or she
• Through programs, youth are placed in many is able to share good feelings with the youth.
social situations that serve to alter their The youth and staff member are working
distorted views of themselves and their together and doing what is appropriate,
situation. Juveniles who need controls can be before either one realizes it.
identified early. Their more aggressive and
impulsive behavior is controlled partly by the • One of the greatest benefits of good programs
rules of the activity, partly by the opinion of may be that they help the staff member see
their peers, and partly by the close supervision detained youth for what they are rather than
of the staff. for what they have done. Well-run programs
encourage good staff-juvenile relationships.
• A variety of situations gives more opportunity
for a quick evaluation of a youth’s strengths Programs must be available to all youth at the
and shortcomings. Programs provide for earliest opportunity in any detention facility. Detention
interaction among the youth. Without interac- staff must always ask how the delivery of programs can
tion, it would be difficult to spot the withdrawn occur rather than why the delivery of programs cannot
youth. He or she is more easily noticed and occur. A detention facility must see as its mission both
more easily helped through one or more of the addressing resident and public protection and affording
activities. Many times, a certain activity allows the youth it serves maximum opportunities for indi-
the staff to penetrate the wall of hostility that a vidual growth and change regardless of the length of

112
stay. The topic area of programs will help a staff Are they physically exhausted at the end of the
member understand the goals of programs, the charac- activity?
teristics of poor programs, and descriptions of key • Are the abilities of each child being evaluated?
program areas. What does he or she lack? What handicaps
does he or she have? How good is the youth?
Do we give as much consideration as possible
Goals of Programs to the individual’s lack of knowledge or skills?
Are the youth being taught the correct methods
For every type of activity, physical or nonphysical, of play? Are they being taught the fundamental
there should be at least six of the following goals that skills of the game?
can be reached by having that activity. If not, then the
• Are we building self-confidence in the youth,
activity should not be held. These goals are:
or making them feel more inadequate? Are
• Providing for a release of emotional tension. we subjecting the youth to ridicule and
• Providing a constructive outlet for physical embarrassment by the staff or other detainees?
energy. Are the youth being encouraged to learn and
• Teaching fundamentals of recreational improve, becoming more confident of their
activities. abilities? Are the youth experiencing a suc-
• Giving the youth self-confidence in whole- cessful feeling of accomplishment? Do we
some pursuits. praise the youth for their efforts as well as
their achievements?
• Teaching fair play, rule following, and
• Are the rules of each game being taught? Are
teamwork.
the youth being shown, and do they understand
• Providing a socially acceptable outlet for how the game can be better when the rules are
hostility. followed? Do they see the importance of
• Giving the youth a better understanding of working together as a team, and the harm of
himself or herself. playing as individuals? Are explanations given
• Developing new interests and skills to be and examples set by staff guiding youth toward
followed upon release. fair play? Do they witness a cooperative
• Keeping the youth busy by providing a relationship between staff?
structure for his or her day. • Does the activity allow for a release of
• Developing good health habits and aggressive feelings? Do we avoid creating
physique. resentment toward the activity by not putting
them in positions that are embarrassing or
• Breaking down resistance to adults and adult humiliating?
standards.
• Do the youth see themselves as being success-
• Permitting observation of the youth’s ful in the activity? Are we providing proper
behavior, which aids in social diagnosis. levels of competition, which increase confi-
The following outline serves as a more comprehen- dence and eliminate feelings of insecurity?
sive explanation of the goals and their meaning to
• Are the youth being taught new forms of
everyday work. Review each of the goals, and see if the
recreation? Are we developing good attitudes
activity will answer the questions in a positive manner.
toward various skills and activities? Have we
• Are the youth emotionally as well as physi- developed the skills and created the interest
cally involved? Are the youth merely carrying that will encourage continued participation
out their role in the activity to satisfy staff, or upon release?
are they really enjoying the activity? Are the
• Do we keep the youth so busy that they do not
youth involved to the extent that they have
have time to think of ways to vent their
forgotten temporarily all their problems and
hostilities on detention? Do we have a balance
anxieties?
of both active and inactive recreation to keep
• Are the youth really exhausting their physical them either physically or mentally involved
energies in the activity, or are they carrying out throughout the day? Do we avoid lengthy
the motions with as little effort as necessary? periods that contribute to or reinforce feelings
of self-pity, resentment, or despondency?

113
• Are youth experiencing a feeling of well- that the goals of physical exercise and having fun are
being, and do they understanding it to be a secondary to the therapeutic goals of teaching new
result of physical fitness acquired through the skills, raising self-esteem, and establishing the
program? Do we avoid imposing standards that relationship. Therapeutic recreation is recreation that
are too strenuous or physically harmful to the has a teaching or helping component.
juvenile? Even though most juvenile delinquents are
• By our every action, do we gain their respect risktakers, they generally are not involved in sports or
for us and possibly for other adults? Are they athletic programs for a variety of reasons. Because most
resentful because they feel that they must detention facilities have a gym and because most
accept our standards, or do they participate juvenile offenders have had experience playing basket-
because of their desire to accept our values? ball, basketball frequently becomes the predominant
Do staff follow the same rules and regulations form of recreation. In addition to excluding female
the youth are expected to—win, lose, or draw? detainees, basketball becomes a convenient recreation
Do they see staff members as part of their strategy that allows staff to provide recreation with
team, trying to help and cheering for them to minimum involvement and planning. Grimm (1991)
win, or do they see only uninterested adults maintained that therapeutic recreation began when
carrying out their duties? During leisure time, detention facilities moved beyond basketball.
class sessions, or competition, do we convey If the primary goal is maximum involvement by
the feeling that we are interested? Are our youth in a therapeutic recreation program, youth must be
efforts to help them adjust and mature real, or encouraged to participate. One very effective way to
can they detect signs of phoniness? Does our increase participation is through the use of noncompeti-
need to “always be right” interfere with their tive games. These activities are highly inclusive and
relying on us to “always be fair”? nonthreatening. They provide staff with numerous
• Are we observant of a youth’s change of opportunities for encouragement and praise. As youth
attitude and interest throughout the day? Do become more trusting and confident, they are more likely
we notice and record the comparative levels of to cooperate with others, trust the guidance and direction
skills and knowledge in each activity? Are we of staff, and engage in more vigorous physical activities.
sensitive to the changes in peer relationships? If approached sequentially, noncompetitive games can be
Do we notice how the various settings alter a way to lead youth into more demanding recreational
juvenile-adult relationships? Do we provide activities, such as physical fitness and aerobics.
varying juvenile-adult relationships and notice Noncompetitive games have been used successfully
the changes in response? Is there enough with detention residents (Roush, Christner, Lee, and
stimulation and freedom in activities for the Stelma, 1993; and Roush and Roush, 1993). Many
above characteristics to reveal themselves? resources available to juvenile detention staff detail
noncompetitive games in juvenile detention (Grimm,
1991; Roush and Wyss, 1994; and Thorne, 1992). There
Therapeutic Recreation are also additional resources for noncompetitive games
(Fluegelman, 1976; Goodman and Weinstein, 1980; and
Any program designed to serve youth must provide Lions-Quest, 1992).
a means for the constructive channeling of energy
No matter what level of success you hope to
(physical activity). There is a special need for involve-
achieve, your chances of success are improved with a
ment in noncompetitive sports and activities that allow
positive mental image of yourself. It is important to
for differences in strength, dexterity, and size. Recre-
believe in yourself if you are to succeed. In many cases,
ation has the greatest potential for raising a youth’s self-
your health and physical condition are part of your
esteem and for establishing great relationships between
overall wellness and success.
staff and youth. Conversely, it also has the most
destructive power in these areas. Physical Fitness
Noncompetitive Activities It is almost impossible to enjoy robust health and
achieve optimum physical fitness without a planned
Plato wrote that we should strive for a combina- program of regular exercise. Therefore, proper exercise
tion of a perfect mind and a perfect body. Although is a planned supervised program designed to maintain
none of us can be perfect, there is a link here with body measurements at normal symmetrical proportions
therapeutic recreation. The word therapeutic means and to tone muscles for normal and optimum efficiency.

114
Proper daily exercise is important because, in Sports, sports, and more sports are offered all youth
addition to contributing to better health and a longer in a therapeutic recreation program—which means
lifespan, it can greatly improve the quality of life. variety. By offering as many sports as possible, there is
Exercise has been proven to alleviate depression and a greater chance that each resident will find one suited
decrease anxiety. for his or her abilities. Sports as structured team games
You can initiate and develop a therapeutic recre- provide numerous learning experiences for youth.
ation program to fit your own program’s needs and Before playing the sports, staff should teach the rules
philosophies. A program that works well combines old- and work on the basic fundamentals for that particular
fashioned physical fitness (calisthenics, running, and sport. The list of sports that residents can participate in
weight training) and a variety of sports. includes basketball, football, floor hockey, softball,
A physical fitness program should be approached volleyball, wrestling, weightlifting, running, aerobics,
sequentially. Youth should have an opportunity to work golf, handball, and soccer. Protective gear, flexible
up to vigorous and strenuous exercise routines. At every equipment, and special foam balls make many of these
opportunity along the way, staff should encourage and sports (a) safe for a wide range of youth, (b) usable in
reinforce participation, effort, accomplishment, and the co-educational situations, and (c) playable indoors in a
healthy feelings associated with physical exercise. gym, recreation room, or large dayroom.
Physical fitness programs should be under the Leisure Time
supervision of a staff member trained in exercise
Leisure time is important in all programs. However,
physiology. The sequential nature of a program should
how and when you use leisure time is equally important.
include stretching exercises, calisthenics, aerobics,
Many facilities run a very structured program and allow
running or jogging programs, and weight training
very little free time for residents. Youth in detention are
(stationary machines as opposed to free weights).
very high-risk youth, and they need structure. Most
Vigorous exercise is an important component of a detention programs subject youth to numerous hours of
good recreation program. Juvenile detention profession- television or cards because of insufficient staff, over-
als understood this concept long before the popularity crowding, or a belief that programs are rewards for
of boot camps. The difference between a vigorous delinquent behavior. This approach does not qualify as
therapeutic recreation component and boot camps is not constructive leisure time activity.
the level of hard work or the expenditure of energy on
The American Correctional Association (ACA)
exercising and physical fitness. The difference is that
(1991) addresses recreation and activities in Standard
therapeutic recreation programs are not intended to 3–JDF–5E–04, which reads as follows:
demean, humiliate, or degrade youth by having a staff
member yell at and harass youth in the stereotypical Written policy, procedure, and practice provide
drill-sergeant fashion. Youth are sent to detention as a recreation and leisure time plan that includes
punishment, not for punishment (Logan, 1993). It is not at a minimum at least one hour per day of
within the legitimate role of detention to attempt to add large muscle activity and one hour of struc-
to the pain and suffering inherent in being forcibly tured leisure time activities.
separated from home and society. Comment: Large muscle development and
A physical fitness program should include a planned opportunities for play and creative activities are
weight training program for everyone. Staff should make essential for the growing youth. There should be
it enjoyable and never talk negatively about anyone’s opportunities for exercise and constructive
physical appearance. An overweight youth should be leisure time activity for at least two (2) hours on
given exercises with high repetitions to help burn fat. school days and three (3) hours on non-school
Also, staff should advise youth about the advantages of days, not including time spent watching
maintaining a healthy diet versus eating junk food. A television.
walking and jogging program is recommended.
The ACA Standard raises two important points for
However, youth should never be forced to participate understanding leisure time activities. First, leisure time
in this exercise program. They should be greatly encour- activities are to be planned. Planning requires that leisure
aged. The effort is most important. The pat on the back is time activities be scheduled for a specific time within the
always needed, especially for youth with poor self- daily schedule and that some thought and organization be
images. Most youth respond in a positive way, and their included in the choice of leisure time activities.
behaviors greatly improve in other parts of the program.
Second, there is a difference between structured or
Continued participation should be contingent on positive
constructive leisure time activities and free time
behavior in all areas of the daily program.

115
activities. Structured or constructive activities do not Effects of Detention on Parents
include watching television, listening to music, or The detention experience does not touch only the
playing cards. There still is debate about whether juvenile. Often, the juvenile’s parents will be as
activities should be constructive (designed to contribute unfamiliar with detention as the juvenile. Parents worry
to the improvement of youth) or structured (planned about their son’s or daughter’s safety and property; they
and supervised to be consistent with the orderly, safe, wonder how long detention will last; they have to learn
and secure goals of detention). Furthermore, instructive their way through a complex justice system; and they
and structured are not mutually exclusive. At minimum, worry if the detention will result in any new economic
however, at least 1 hour of structured activities per day hardships for the family. Many parents also wonder
should be provided to detained youth. These activities where they have “gone wrong” when they see their
should be of a social nature and should be well orga- child under lock and key. Some parents throw their
nized and well planned. Arrangements should be made hands up in disgust over their child’s conduct, and a few
to ensure that staff understand their responsibilities, that may even abandon their offspring, hoping that the State
space and equipment are available for the activity, and will now care for their delinquent child.
that adequate supervision exists.
Detention can create a new set of problems for a
Some facilities have leisure time between 3 and 4 parent. These problems go beyond hiring a lawyer and
p.m. every afternoon. During that hour, youth watch keeping court appointments or appointments with
television and play radios. Table games are also offered; probation officers, social workers, and psychologists.
Monopoly, Battleship, and chess are favorite table The process of dealing with the court, law enforcement,
games for youth. Card games are popular, but poker and and attorneys is difficult and inherently punishing
blackjack are not permitted. In the evening, there is (Feeley, 1971). The detained juvenile may be the oldest
more leisure time.
child in the family with duties and responsibilities that
If your program is fortunate enough to have a game will need to be taken over by younger siblings. Further-
room, you might want to take advantage of it. Not all more, the juvenile may be a source of income for the
youth like physical sports, and the game room gives family, and the detention decision can have an eco-
them an opportunity to enjoy other types of recreation, nomic impact on the family.
such as ping pong, foosball, and pool. There are always Although most of the attention is directed toward
youth interested in participating in the game room. A the child during the detention decision and orientation,
partial list of activities for leisure time includes listen- this is an excellent opportunity for the detention staff to
ing to music, watching television or video movies, play a leadership role in working with the parents of the
playing table games, going to the game room, making detained youth. The detention home will be one of the
phone calls, playing video games, and reading books. first points of contact between a parent and the juvenile
Staff play important roles with detained youth. justice system. The detention home equipped to offer
Interaction should be constant. It may take place in the parents help is a detention center that focuses on the
gymnasium or game room, or it may involve a simple family, not only the child. For many parents, juvenile
talk about the youth’s day. Regardless, activities detention can be an opportunity for renewal and a
promote strong resident and staff interaction. reaching out for help.

Programs for Parents


Helping Parents When Their Child Is The old saying “strike while the iron is hot” is most
Detained relevant at this time. When a youth is detained, it is an
excellent opportunity to engage parents in the treatment
Most often, when you think about the detention plan for the juvenile and to invite family participation in
experience and programs in detention, you immediately treatment. Parents must be fully involved in the plan to
focus on the juvenile who has been detained. This help youth and must be accorded full partnership
reaction is appropriate. The detention experience can be (Christensen, Bowling, and Schauer, 1991). In addition to
traumatic for any juvenile, but especially for those who involvement, many parents choose to attend parenting
have not been detained before. Being afraid for personal education courses and family counseling sessions. Some
safety or property, being upset by the separation from even seek one-to-one counseling. Detention center staff
home, and having feelings of isolation or failure are can offer crisis intervention, family counseling, parent
common. Through detention programming, many of self-help groups, and substance abuse programs for the
these negative feelings can be dealt with and turned into parents of addicted juveniles.
constructive learning experiences.

116
Parent group counseling, in which a trained group When a defendant has been found guilty, a judge
leader meets with several parents for 60 to 90 minutes per will often impose a specific number of hours of
week, has been shown to be highly effective in helping community service in lieu of sending the defendant to
parents to manage the detention crisis and to strengthen jail. In these cases, the community service is usually
their parenting skills. During these self-help sessions, provided by the defendant to governmental or nonprofit
parents learn from each other and identify approaches agencies in the community as a means of providing
that can be applied in their home situations, receiving them with assistance. In most cases, the person provid-
guidance from other parents who have successfully ing a community service is under probation supervision.
handled similar problems. Often, the group leader does There are growing numbers of communities that use
not need to do more than convene the meeting and community service as part of a sentencing disposition
relinquish it to the group for the discussion. Parents for adult inmates in county and city jails.
identify with other parents, particularly in this type of Although the use of juvenile detention as a
crisis situation. As a result, parents are willing to try new sentencing alternative is discouraged by ACA and
approaches in working with their children. NJDA, this does not mean that juveniles in detention
Groups can include the parents of detained youth or facilities should be excluded from providing commu-
parents of previously detained youth. It is also advisable nity service if they voluntarily choose to participate.
to engage probation officers in the groups whenever The difference is that community service provided by
possible. In this way, the foundation can be laid for juveniles who have not yet been adjudicated should be
probation officers to continue parent groups in the voluntary in nature.
community for those parents whose children remain What makes community service in juvenile
under court supervision. For more information about detention unique is the fact that the juveniles remain in
programs for parents of youth in detention, see Roush secure care throughout the period of community service
and Wyss (1994). unless the court determines otherwise. Therefore,
Other groups have also been successful in educating projects that can be brought to the juveniles in detention
parents on critical issues of substance abuse. Utilizing the should be considered over projects that require the
skills of trained substance abuse counselors, parents can juveniles to be transported. The fact that juveniles are in
learn to identify the signs and symptoms of a substance secure care should not be a permanent barrier that will
abuse problem in their children and to identify resources keep them from doing community service work during
available to help correct the problem. Occasionally, their period of incarceration.
parents also realize that they have a substance abuse Some examples of community service that can be
problem and seek help for themselves. accomplished in juvenile detention facilities are the
In some cases, crisis intervention counseling and following:
victim awareness can be useful to parents when the • Helping civic groups with mass mailings.
victim is another member of the family or when the Often, there is considerable manual labor
parents themselves are the victims. Involving parents involved with a mass mailing for a civic group.
through a group process while their child is in detention Youth in detention can fold and stuff envelopes
can have a beneficial impact on the family. as a community service project for groups
Although the stay in detention is frequently short, such as the League of Women Voters and other
detention centers should still offer services to nonprofit charitable organizations. The juve-
strengthen families. Parents will respond to an environ- nile detention center should not get involved in
ment of genuine care and help. A nonthreatening “we political campaigns or should not work for
care” attitude combined with a self-help process will political candidates because this would con-
result in parents being able to manage their children in a stitute a conflict of interest. The juvenile
more constructive manner. Juvenile detention programs detention administrator and staff should be
can offer this opportunity to parents seeking help. aware of potential conflicts and disclose them
whenever possible.
• Becoming certified in cardiopulmonary
Community Service resuscitation (CPR) and first aid. Although this
is not a direct community service project, it
Community service is most often referred to in the can help the community if in later years the
context of a sentence following disposition or adjudica- juvenile is able to employ his or her CPR and
tion of guilt. Community service is frequently used as a first aid skills. Knowing first aid and CPR is an
substitute for restitution. important skill for everyone.

117
• Creating artwork and crafts projects for senior programs.” The qualified staff person may be a
citizen centers, nursing homes, and municipal full-time, part-time, or volunteer person who
buildings. Many young people in detention are has appropriate training.
very talented. However, they need to be encour- • 3–JDF–5F–02: “Written policy, procedure, and
aged to demonstrate their artistic talents. By practice provide that space is available for
sharing the works of art with people in nursing religious services.” A multipurpose room may
homes, hospitals, and senior citizen centers, be used for services, provided there is access
juveniles can feel that they are enhancing the to the space when it is needed. The institution
quality of life for a patient or an elderly person. is not required to create a chapel or other area
Municipal buildings—such as county buildings, designated solely for religious services.
city halls, and libraries—often welcome art-
• 3–JDF–5F–03: “Written policy, procedure, and
work done by youth. The artwork can be dis-
practice provide that juveniles have the op-
played as a separate project or as part of a larger
portunity to participate in the practices of their
exhibit on juvenile justice issues. Through this
religious faith, which are deemed essential by
approach, the public becomes informed about
the faith’s judicatory, limited only by docu-
the juvenile justice system and the talents of
mentation showing threat to the safety of
many youth caught in the web of juvenile delin-
persons involved in such activity, or that the
quency. By seeing their talent, many people will
activity itself disrupts order in the facility.”
come to understand that delinquent youth are
Religious practices include access to religious
worth saving.
publications or religious symbols, congregate
• Participating in seasonal charity activities. In worship or religious services in an appropriate
anticipation of the Christmas holidays, youth space, individual and group counseling,
in secure detention facilities can be taught religious study classes, and adherence to
how to wrap Christmas presents that will be dietary requirements. It is not within the
distributed to needy families and children. This responsibility of the detention administration
activity can be accomplished in cooperation to determine what is appropriate worship if
with the giving campaigns of other civic that worship does not disrupt the admin-
organizations. istration’s duty to maintain a safe and orderly
Youth in juvenile detention facilities can make environment.
positive and useful contributions to their community The themes contained in the standards include the
even while in secure care. The recognition of their requirements for staff and space as well as definitions
talents and their willingness to give will raise their self- of services and access to services. The standards
esteem and increase the public’s understanding of youth highlight the importance of a religious services pro-
in trouble. A creative, innovative mind is all that is gram, but they do not discuss the nature or content of
needed to develop a strong community service program such a program.
in the juvenile detention center. It is a low-cost program
with a large return for the facility and the youth. Professional Perspectives on Religious
Services
To learn more about religious services programs in
Religious Services detention facilities, NJDA solicited the assistance of
chaplains from juvenile institutions across the United
ACA Standards States. Under the guidance of the Reverend Ken Ponds,
Religious services are a required part of the chaplain at the Starr Commonwealth Schools, five
programs in juvenile detention. Guaranteed by the general questions were posed to institutional chaplains
Constitution, access to religious services must be about the nature and scope of religious services
offered to detained juveniles (Bell, 1992). ACA programs. The questions and responses are as follows:
standards (1991) include three standards specific to What is the purpose of religious services to youth
religious services. These standards require written in detention?
policies and procedures that govern the institution’s • To plant, to weed, and to feed the notion that
religious services programs. These standards include: youth have a spiritual nature, which must be
• 3–JDF–5F–01: “The facility has a qualified developed for them to become all they are
staff person who coordinates the religious meant to be.

118
• To offer culturally neutral values that enhance instigation by detention staff might be ques-
human growth and offer a perspective that tionable from an ethical standpoint.
looks beyond cultural materialism, while • It gives youth ideas and messages to ponder.
acknowledging the disparity of justice in our
• It provides youth with the opportunity of
world and our society.
choice (to attend or not to attend).
• To meet adults who bridge the gap between
• It is something that only God knows.
social control demands and the youth’s need
for affirmation as a human. (Adults who “walk Who is most effective in sharing religious thought
their talk.”) with youth?
• To instill the challenge of “living all we are • Someone who obviously likes people, youth in
intended to be” rather than “settling for what particular.
we can get away with.” • Someone who is nonjudgmental.
• To introduce youth to a God who loves them • Someone who seriously cares for youth and
unconditionally and who invites them to will continue to visit even when the response is
grow—a God with whom they can have a less than desired.
personal relationship. • Someone who listens first, who “walks with”
• To encourage youth to explore their spiritual second, and who proclaims last.
resources for growth and change. • Someone of faith who lives what he or she
• To provide opportunities for youth to articulate professes; youth can spot hypocrisy.
and/or ritualize their faith. • Someone with a cultural background similar to
• To teach youth basic religious skills (worship that of the youth in detention.
behaviors) in order for them to feel more • Someone who has shared a life experience
competent and comfortable in congregational with the youth (drug or alcohol abuse) and
settings. who has undergone a conversion experience.
• To teach youth to pray and to create opportuni- Youth respect people who have walked in their
ties for prayerful moments. shoes and who have made positive changes in
• To teach youth scriptural skills. their own lives.
• To provide for the spiritual needs of the • Someone who is open to youth’s spiritual
residents as an integral component of holistic needs and does not try to convert them or
treatment. threaten them with fire and brimstone.
• To provide encouragement and support at a • Someone who shares faith and who tries to
time when youth are in trouble. build a relationship first—which takes time
and patience.
What benefits, if any, do youth receive from par-
ticipation in religious services? • Someone who can reframe the youth’s
struggles and feelings into simple religious
• It is a singular issue, and few generalizations
stories of the faith struggle.
seem possible.
• Someone who is comfortable with “unfinished
• It provides youth with comfort.
products.”
• It provides youth with interaction with
• Someone who is comfortable being an adult in
volunteers of diverse religious backgrounds.
a youth setting, not being a “buddy.”
Detained youth are accustomed to broken
promises, especially from people who do • Someone who can say “no” without rancor,
things because they get paid. Volunteers accusation, or challenge and who speaks from
come because they want to come, and even if a sense of self-limits that are rooted in values
the visit comes only once per month, it is rather than rules.
predictable. • Someone who is consistent in sharing his or
• It provides youth with a nurturing of her faith and who comes as scheduled.
spirituality. • Someone who respects the youth, such as
• It provides youth with a general emotional campus ministers, clergy, or volunteers.
catharsis, which might be useful from an • Someone who wishes to share God’s intentions
institutional management standpoint but whose toward us rather than God’s disappointment
and anger with us.

119
What are the most effective ways of sharing religious What should be the relationship of the chaplain to
thought with youth in detention? the administration of the detention center?
• Through participation in ritual. • The chaplain should be a distant partner who
• Through careful sharing in small groups. can be relied on to speak honestly about the
climate of the institution but who refuses to
• Through experiential learning exercises.
collaborate in its schemes of entrapment or
• Through the words of their culture’s spiritual discipline.
leaders.
• There needs to be a tension present, which is
• Through small groups, seldom through large obvious to all and which is respectful. The
groups. chaplain should not seek to obstruct institu-
• Through the choice not to participate. tional management and should not be a tool for
• Through scripture studies. It is most effective institutional management. The integrity of the
to incorporate an audiovisual and a reading chaplain has only a fleeting chance in the eyes
component into the session. Applying the of the youth; the chaplain must by perceived as
scripture story or lesson to the youth’s life being his or her own person.
makes it relevant. • The best situation would have several denomi-
• Through a time for personal prayer. nations assist with the compensation of the
chaplain to remind both the chaplain and the
• Through religious education formats that
institution who the chaplain truly serves.
address youth issues and teach youth faith
skills. • It cannot be determined whether there is any
benefit to having the chaplain sit on the
• Through role playing that helps them to learn
disciplinary board as a moderating influence.
how to put spiritual principles into practice in
The cost in terms of later credibility with the
their lives.
youth is unknown.
• Through song. Youth who have the talent or
What role does the chaplain play for youth in
the yearning to share their voice in song can be
detention and for the staff who serve those youth?
deeply affected by having the chance to sing.
• Support and ventilation for all.
What is the most effective way of developing
spiritual growth in youth? • Reinforcement of our sporadic tendencies to
• Having a genuine relationship with God. treat one another humanely.
• Confession without violation of confidence.
• Modeling spiritual principles without being
“syrupy” or offensive. • Defusing of dehumanization or depersonaliza-
tion (of staff or youth), which often leads to
• Offering meaningful and participatory worship
some sort of brutalization by either party.
experiences, scriptural study that relates to life
issues, involvement in service projects (serving
at soup kitchens or building wheel chair
ramps), and retreats.
Use of Volunteers
• Never confusing oneself with God. Volunteers are people who donate their time and
effort to enhance the services and activities of deten-
tion. Volunteers are selected on the basis of their skills
Chaplain or personal qualities, without regard to race, sex, or
In some detention facilities, the person responsible national origin.
for religious services is called the chaplain. In larger Services that can be provided by volunteers are
institutions, the chaplain may have a full-time paid almost unlimited, but some common examples include
position funded by the institution or the local religious mentoring, recreation, counseling, education or
community. For example, Youth for Christ organiza- tutoring, and clerical activities. The following issues
tions frequently include the local juvenile institutions in are important regarding the use of volunteers:
their ministry. More often, the chaplain is a member of
• Volunteers should be at least 21 years old and
the local clergy, who commit their time and services on
should have appropriate training or licensing
a voluntary basis. The Reverend Ken Ponds’ questions
when required.
also addressed the role of the chaplain in the detention
facility. The questions and responses are as follows:

120
• All volunteers should know and follow the services to be provided and timeframe. The
policies and procedures for the volunteer volunteer should also sign a confidentiality
program and for the agency. Paid staff may statement regarding juvenile information. A
work as volunteers during their off-duty hours, personnel file for the volunteer should then be
with the approval of the agency director. established.
Students working at the agency in a designated • All volunteers should receive the same
internship or practicum should operate under orientation and review of other policies and
the intern or practicum agreement between the procedures as paid staff members. Further-
agency and their schools, not under the more, volunteers should receive training for
volunteer program’s policies and procedures. the positions that they will hold. Volunteers
• Whenever possible, volunteer services should should also be encouraged to participate in any
be included in the annual budget prepared by training that is regularly offered to employees
the detention center. Budget support should of the agency, on a space-available basis.
include funding for a part-time or full-time • Volunteers should log all of their volunteer
position for a volunteer coordinator and for hours on a daily basis. This procedure will
volunteer supplies. provide the volunteer and the agency with
• All volunteers should be provided with an documentation of his or her services, which
identification tag, designating the individual’s can be used in future endeavors and in the
name and status with the agency (i.e., volun- agency’s volunteer recognition program. It is
teer in a designated program). Volunteers important for volunteers to receive recognition
should be expected to wear their name tags in lieu of monetary reimbursement. Therefore,
while on duty at the agency. At the time of the agency should formally recognize and
termination, name tags should be returned to acknowledge the valuable contributions that
the facility administrator. volunteers make.
• Volunteers should operate under the same • The agency should establish policies that
insurance and liability rules and regulations as support the rights and responsibilities of
agency employees. Insurance coverage should volunteers. Furthermore, those rights and
be provided. responsibilities should be fully explained to
• A job description for each volunteer position all volunteers as part of the orientation and
should be developed. All applicants for training.
volunteer positions within the agency need to • All volunteers should receive appropriate
be treated equally, fairly, and expeditiously. supervision. Program supervisors should
Applicants should go through an interview accept responsibility for providing supervision
process, similar to that for other agency to any volunteer placed under his or her
employees. Before any individual is placed as supervision or should delegate the responsibil-
a volunteer, all requirements of the screening ity for that supervision to an appropriate staff
process should be met. Volunteer applicants person. Supervision is recognized as an
should complete an indepth social history. If ongoing process.
agreement is reached that a satisfactory • Violations by volunteers of agency policies
volunteer relationship can be negotiated, the and procedures should be dealt with in a fair
volunteer should complete the rest of the and impartial fashion. Step-by-step procedures
volunteer application process. should be outlined so that both volunteer and
• A criminal records check should be conducted supervisor will have clear guidelines. Volun-
before assigning a volunteer to any program teers should have the right to file a grievance
responsibility or interaction with youth. The concerning disciplinary or nondisciplinary
prospective volunteer should also provide the matters. All grievances should be in writing.
names, addresses, and telephone numbers of A report regarding volunteer services should be
three references, one of whom is work related, prepared annually and submitted to the agency director
and he or she should provide a signed release in order to complete a program evaluation and needs
of information. assessment. For more information about volunteer
• Once approved, the volunteer should complete services in juvenile corrections, see Smith (1992).
and sign a volunteer agreement, specifying

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122
Chapter 11 Detention Education

Education in a juvenile detention facility is Factors To Consider


multifaceted. It encompasses formal (academic)
educational instruction, such as English, math, and When developing a successful detention education
social studies, as well as informal (nonacademic) program, a variety of factors should be given consider-
instruction, such as learning to follow the rules, ation. The detention center should do the following:
learning better social skills, and learning more • Develop educational policy statements that
appropriate behaviors. conform with or reflect the mission, philoso-
All adults who are connected with juvenile deten- phy, goals, and objectives of the facility.
tion and who have contact with youth are involved in • Review and comply with all State and Federal
some aspect of education. They inform, teach, instruct, regulatory requirements regarding the educa-
coach, tutor, model, and mentor. No matter what forms tion of youth.
it takes, detention education must be geared to the
diverse academic, cultural, social, emotional, and • Consider the size of the facility in relationship
developmental needs of the youth in detention. to the physical structure, the number of youth
being served, and the number of staff required
to operate and equip the type of education
Why Provide an Educational program and services being provided.
• Plan for a more culturally diversified group of
Program? youth.
Detention education is a core program component • Address the educational needs of those youth
in juvenile detention facilities because of the following: not currently enrolled in a community school,
• Most youth admitted to detention have a the process for receiving credit for work done
history of poor academic performance. in the detention facility, and reenrollment in a
community school upon discharge.
• The detention experience often occurs during a
period of crisis for youth, which can serve as a • Develop services responsive to the fact that
catalyst for change. youth will enter the facility at various times
throughout the year and may remain from
• State and Federal regulations require all youth 1 day to more than 30 days.
up to a minimum age to attend school.
• Emphasize that all staff have unique knowl-
• It provides youth enrolled in school with an edge, skills, and abilities that can be used in
opportunity to keep current with their studies, general education for instruction, guidance,
and it facilitates their return to school when modeling, coaching, monitoring, and supervi-
discharged. sion of youth.
• Academic and/or vocational successes help to
enhance the youth’s chances of employment Recognition
following release. Education programs provide an excellent opportunity
• Academic success helps youth to see them- for recognition (Previte, 1994). Student attendance,
selves differently, which can lead to enhanced packet or course completion, and GED provide opportu-
self-esteem and improved problem-solving nities for positive actions and accomplishments to be
abilities. recognized. Recognition builds self-esteem, which
• It provides youth who are not enrolled in school reinforces the value of the education program. Recogni-
or who are not interested in education with tion ranges from offering simple verbal praise to award-
opportunities to explore a general equivalency ing certificates or incentives provided by community
diploma (GED), survival skills or life skills, and resources, such as pizzas or special event tickets. (See
career or vocational opportunities. Chapter 12 on behavior management for more ideas.)

123
Review of Detention Education Issues Components of the Detention
Education Program
A body of data exists regarding competent deten-
tion education programs. Studies by Norman (1961),
Hughes (1972), Duran (1979), and Hughes and Administration
Reuterman (1980) provide basic data for the establish- It is generally accepted that detention education
ment of acceptable minimum standards for detention programs should be administered by a separate board of
education programs, many of which exceed the educa- education that is distinct from the administering agency
tion standards recommended by the American Correc- for the detention facility. Hughes and Reuterman (1980)
tional Association (1991). report that more than 72 percent of all detention
To generate more information about detention education programs are administered by a separate
education, the Michigan Juvenile Detention Association board or agency.
(MJDA) held a forum so that detention educators could The relationship among the juvenile court, the
express their concerns about more effective detention juvenile detention facility, and the operating school
education programs (Roush and Morris, 1980). Based district is unique within most educational delivery
on an analysis of these issues, detention educators, systems. A cooperative and working relationship is
detention administrators, and detention school coordi- important in addressing the educational needs of the
nators were asked to prepare a list of priorities for youth placed into the detention facility, particularly if
detention education in Michigan. The following the education program is operated by the public
priorities were identified: schools—which is the recommended approach.
• Each student should have a comprehensive set The detention education program should be
of educational goals that culminate in an initiated through an interagency agreement between the
aftercare plan. local or intermediate school district where the facility is
• Improved communication systems are needed located and the agency that operates the juvenile
between detention education staff and court detention facility. This agreement should reflect the
staff, detention staff, parents, staff of other cooperative efforts between the two groups and clearly
facilities, and students. define the responsibilities and obligations of each. The
• Detention education curriculum should include cooperative agreement should specify the responsibili-
substance abuse and mental health program- ties of each party for delivering educational programs
ming, GED information, vocational training, and services and for covering costs related to the
treatment components, survival skills, and implementation of the educational program. A good
coping skills. cooperative agreement will facilitate better working
relationships, efficient use of personnel and services,
• There is a need for increased information and a coordinated approach to improve services to
regarding rules and regulations from State and students and parents involved in the program.
Federal sources as well as GED information.
Additionally, the label “emotionally impaired” Role of the Juvenile Court
or “emotionally disturbed” should be removed The juvenile court should work cooperatively with
from the classification of detention education other agencies and school districts in the education of
students. Finally, rules and regulations should youth placed in the juvenile detention facility, while
specify that an inhouse education director must assuring compliance with appropriate State laws and
be assigned to each detention education rules. If it appears that the laws and rules of the court
program. contradict various education laws and rules, it is
• There is a need for coordinated program goals recommended that the court, the department of social
between education staff and detention staff. services, and the department of education resolve the
differences in a positive, appropriate manner.

Role of the Juvenile Detention Facility


• Administrators and staff of the juvenile de-
tention facility should consider the detention
school program to be an integral part of the
total detention program.

124
• Juvenile detention careworkers should be • Educational planning for youth returning from
supportive of the school program and school placements outside the district (Francis,
staff in every way possible. 1982:4).
• Except for court appearances, the detention Several issues need to be formalized when
education program should be given top developing a juvenile detention education program,
priority. including:
• Juvenile detention careworkers should stress • Who is responsible for determining the
the importance of the school program and their number, type, qualifications, pay, and benefits
expectation that each youth will become of education personnel.
meaningfully involved in the program. • Who conducts staff recruitment, selection,
• The school program should be included in any hiring, performance evaluations, discipline,
detention reinforcement program (e.g., token and training.
economy or point system). • Who decides the number of instructional hours
• Any information known to the detention per day and the number of instructional days
facility staff that could affect a youth’s per year to be provided.
program or behavior in school should be • Who determines the curriculum to be offered
shared with school staff (e.g., information and credit to be earned.
reported by the probation officer, behavior
• Who provides supplies, materials, equipment,
observed in detention, or known physical
and space.
problems).
• Who disciplines youth.
• The detention facility administration should
expect and receive regular feedback from the • Who decides what safety or security policies
school staff regarding the youth’s performance will be followed.
and achievement in the school program • Who funds the program.
(Francis, 1982:3–4).
Education Files
Role of the Operating School District Generally accepted minimum standards call for the
The operating school district and the juvenile maintenance of education files that are separate from
detention facility should work in a cooperative manner the resident filing system within the detention facility.
and should jointly participate, whenever possible, in the
planning of educational and/or treatment programs Class Size
upon release. This cooperative endeavor should involve Class size for detention education programs should
teachers from the operating district as well as those be small, with a ratio of 10 students per teacher
from the detention facility. Consultation support from (Norman, 1961; Duran, 1979; and Francis, 1982).
the public schools to both court staff and educational Norman specifically recommended that there should
staff is one means of achieving a smooth transition. The be no more than five students per class when teaching
juvenile court may also provide a liaison consultant to remedial subjects.
local school districts.
School Year
The public school district should provide educa-
tional services in addition to the above-mentioned A detention education program should operate on
consultation service. These services may include: a 52-week basis. This recommendation is not widely
implemented because of difficulties with teacher
• Diagnostic evaluations.
contracts. Several alternatives have been tried. For
• Specialized programs. example, some institutions stagger the contracts for
• Alternative education. various teachers so that the education program
• Special education programs for identified operates for the entire year. These efforts have had
handicapped students. some success in lengthening the average school year
for detention education programs to 43 weeks.
• Historical and educational insight for court
Although this time period falls short of the ideal
staff.
52-week program, it does exceed the normal 36-week
• Attendance at meetings, such as individualized program in most public schools.
educational planning committees, and provi-
sion of information from those meetings.

125
Personnel and the location of the education program, equipment
and furniture may be permanently installed or mobile.
Staffing is dependent on, but not limited to, the
size of the facility, the number of the youth served, the Equipment should accommodate the different
needs of the youth, availability of resources, and the learning levels, abilities, and styles of youth served.
goals and objectives of the detention center and the Equipment should include audiotape player and
education program. recorder, VCR and monitor, television, radios, personal
The detention education program should hire computers with CD-ROM, film strip projector, over-
teachers with the following qualifications: head projector and screen, typewriters, calculators,
clock, photocopier, stapler, and papercutter.
• Certified to teach kindergarten through 12th
Furniture should be sturdy, durable, and able to
grade.
accommodate individual or group learning arrange-
• Endorsed or educated in reading, remedial ments. For example, a program might need individual
math, and social studies. desks, folding tables, comfortable chairs, file cabinets,
• Certified in special education. and bookshelves.
Michigan includes detention education under its Materials and supplies should support the curricu-
special education rules and increases State reimburse- lum and the instruction method of teachers. For
ments for special education certified teachers. As example, the program might need books, individualized
mentioned earlier, small facilities may only be able to learning packets, paper (colored, plain, or drawing),
use one or two teachers who have general knowledge of pens, pencils, rulers, clips, and erasers.
the basic subject areas. However, as the size of the It is important to consult with juvenile detention
facility increases, so does the need to provide special personnel concerning appropriate safety and security
education services. measures to be developed and followed when order-
Large institutions should use teachers who also ing, using, and storing equipment, furniture, materials,
have specialized knowledge in other areas (e.g., arts, and supplies.
science, and home economics), and they should use
more tutors, paraeducators or teachers’ aides, psycholo- Physical Space
gists, counselors, clerical staff, and administrators. The education program should be physically and
Careworkers in the classroom. Juvenile detention environmentally comfortable for learning. Consider-
careworkers are an important part of the education ation should be given to providing adequate program
program. By being available during school hours and in space during school operating hours. Ideally, the school
the evening, they can provide tutoring, classroom program should be in a low-traffic area with as few
management support, and afterschool study sessions. diversions as possible, good air, good lighting, low
Volunteers. Volunteers are an important part of a noise, and comfortable temperatures. Other possible
successful education program. They may come from space needs in an educational program might include
local colleges or universities, community organizations group activity; individual study spaces; storage for files,
(such as service clubs and churches), and businesses. records, and books; and teacher planning space.
Volunteers can enhance the education program by The location of the education program varies
serving as tutors, clerical assistants, and teachers’ according to the size of the facility, and it reflects whether
assistants or by making special presentations. the detention careworkers are involved or not in the
Generally speaking, the more people who are school’s operation. For example, in a small facility, the
involved in the detention education program, the better school may be in the dayroom area with detention
the center is able to provide quality education, to enhance careworkers actively involved. In a large facility, the
the condition of confinement, and to improve the chances school may have a space of its own, with school staff
of success when youth return to the community. isolated from the main flow of agency activities.

Equipment, Furniture, Materials, and Community Resources


Supplies Community resources should be used in the
detention education program and in the detention
All detention education programs must develop,
agency. When the school is linked with a local school
purchase, and maintain sufficient materials, furniture,
system, it may use existing programs in the district,
and equipment to meet the needs of traditional class-
such as Junior Achievement, business partnerships,
room programs and nontraditional individualized
adopt-a-school, and local drug and alcohol programs.
learning programs. Depending on the size of the facility

126
Furthermore, the school program can be enhanced by younger residents who may benefit from increased
local service club volunteers from the community and individualized assistance.
by interns or students from local community colleges or Providing homework assignments is very impor-
universities. Community speakers (Red Cross, health tant, and teachers and juvenile detention careworkers
department, or cultural interests) can complement the can cooperate on this function. Providing a daily
education program greatly. Law-related education afternoon or evening study time reinforces good study
activities and materials can be an effective way to habits and allows juvenile detention careworkers and
involve people from the community with the school volunteers to serve as tutors.
program. Community volunteers can participate in
many ways, ranging from special presentations to Admission
mentoring and tutoring. Upon admission to a juvenile detention facility,
youth should undergo some type of academic screening
Curriculum
or assessment to identify current educational skills,
There is very little debate over curriculums for which normally range from elementary through high
detention education programs. Practitioners generally school levels. Part of the assessment should include
agree that the primary purposes of a detention education contacting the youth’s current or last known school to
curriculum are to keep students current with their studies obtain information to assist in the proper level assign-
in public schools and to provide remedial instruction, ment. When the assessment process is completed, all
whenever needed. In times of inadequate numbers of youth should have an alternative education program
teachers and resources, controversy arises over the (AEP) developed for them if they are going to remain
minimum curriculum that meets acceptable standards. in the facility for more than 3 days.
Based on a regional survey of effective detention AEP’s should correspond to subjects taught in local
education practices, Duran (1979) identified the schools so that progress toward graduation is main-
following areas for a detention education curriculum: tained by detention education coursework. There are
• Math. several strategies to translate participation in a detention
• Remedial math. education program into viable credits in the public
schools. Some youth receive actual credits (full or
• Remedial reading.
partial, depending on the length of stay), while some
• Arts and crafts. youth receive excused absences and credit for the
• Guidance. number of weeks in detention. No matter which
• Physical education. strategy is adopted, it is imperative that the detention
education program be recognized as a legitimate
• Social studies.
educational experience and that detention education
• GED preparation. staff secure an agreement with local schools so that
Additional subjects include vocational education, successful participation in the detention education
career education, health, sex education, job interview program counts toward graduation. Youth currently
skills, consumer education skills, and science. enrolled in school should be able to work on assign-
Although detention educators agree with Duran’s ments obtained from their home school to keep up with
research, they note that it is somewhat outdated. their classmates.
Contemporary curriculum development also includes a
strong emphasis on language arts (writing and speak- Discharge
ing), computer-assisted instruction, and social skills When youth are discharged, the detention educa-
programs as a substitute for guidance. tion staff should be notified so they can prepare a
A postsecondary education program should be summary of academic progress and accomplishments,
provided for youth who have acquired their high school which should be kept on file in the agency for future
diploma or GED. Courses offered need not lead to reference. Some youth return to juvenile detention; so
credit hours but should be of high interest and educa- these records can be very helpful. A copy of the
tional value—e.g., computer literacy, values clarifica- academic summary should be requested by the next
tion, employment skills (interviewing and job applica- school the youth attends.
tions), career exploration, and life or survival skills. For youth who are attending a community school
College courses and correspondence courses are options prior to admission, it is important that the school be
for some, and many youth can serve as tutors to help notified of the youth’s discharge. If the youth is
returning to that school, records of his or her academic

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progress, including credits earned, should be conveyed Education Beyond the School Program
in written form as soon as possible. Education need not be confined to a school
For those youth who were not attending a school at program. Other learning experiences should occur
the time of admission, they may decide to return to a outside the detention education program, and these
school upon discharge. In this situation, detention experiences should address drug and alcohol education,
education staff should assist these youth and their parents health and sex education, anger control, decisionmaking
or other responsible adults in contacting the appropriate skills, career exploration, self-esteem building, informa-
community school to arrange for reenrollment. This tion about community resources, leisure time activities,
process may include a reentry conference. problem identification and goal setting, child develop-
ment, parenting skills, dating and interpersonal skills,
Followup and information on how to accept criticism and compli-
Some type of educational followup or aftercare may ments. Two popular informational topics are employ-
be appropriate for youth who establish supportive ability skills and independent living skills. Detention
relationships with a facility teacher or who may need careworkers can coordinate or lead these information
continued educational guidance after discharge. Facility sessions, using other staff, business leaders in the
policy should address this issue so that appropriate community, or volunteers. Handouts, role plays, videos,
guidelines and limitations are clearly spelled out. For and discussions can be combined in ways that make
example, a discharged youth may only contact the facility such activities enjoyable and educational.
teacher at work. Any tutoring provided should be at the A successful juvenile detention facility provides a
facility. In these situations, the teacher should also try to multifaceted detention education program so that the
locate another teacher-counselor-tutor in the youth’s time youth spend in the facility is as productive and
community school to provide the additional support. beneficial as possible. A detention education program
Reports for Court is geared to accommodate the diverse academic,
multicultural, social, emotional, and developmental
Academic assessments or progress and accom- needs of youth on an individual and group basis.
plishment summaries should be requested by proba-
Finally, the education of youth encompasses just
tion officers, caseworkers, attorneys, or judges. Such
about every activity that involves youth and staff. All
reports are very helpful when decisions are made
staff, no matter what their job titles, contribute to the
concerning a youth’s future. Education personnel
education of youth. A commitment to a quality deten-
should prepare these reports in a professional manner,
tion education program invests in youth rather than
distinguishing between objective observations and
warehousing them.
personal or subjective opinions. The report should
minimally include name, birthday, age, sex of the
youth; name of the last community school and grade
attended; results of the juvenile detention educational Special Education Services
screening assessment, grade placement in subject
Like health and mental health concerns, the scope of
areas, academic progress and accomplishments, and
the problems regarding special education services has not
weaknesses and strengths; the number of days of
been well researched, and much of the information is
attended school; and behavior observations (ability to
based on practitioner observations. For juvenile justice
get along with peers and staff, attitude, and ability to
agencies, the problem can be characterized as a widening
work independently or in a group).
gap between available educational services and the more
Parent Involvement specialized educational needs of juvenile offenders.
Within the educational programs provided by most
Parents, legal guardians, other significant adults,
juvenile justice agencies, the emphasis is on acquiring
and juvenile detention staff should be informed on a
basic educational skills, and the primary outcome
regular basis of how youth are doing in the detention
measure is earning a high school diploma or GED.
education program. Sharing of information is important
because it may help others to see these youth in a This particular strategy has been criticized because
different light. Compliments from others may also the basic education curriculum and the GED strategy do
encourage youth to continue working hard and help not go far enough. If the success of the educational
them to benefit even more from the education program. program is measured by a juvenile’s ability to read at
the eighth-grade level, then the wrong outcome has
been selected to measure the effectiveness of a

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detention education curriculum, especially if there is no To avoid litigation, detention facilities should
way of knowing whether or not juveniles can function- become acquainted with their State’s department of
ally use these skills to acquire goods and services, to education special education requirements. Detention
perform various domestic living tasks, to use recreation facilities also should enter into discussions with school
services, and to gain and maintain employment (Gerry, officials within the jurisdiction served to determine
1991). The notion that academic instruction is mis- what needs to be done, individually or cooperatively,
guided is compounded by the need for special services. to ensure that the special education needs of detained
Estimates suggest that between 28 percent and 42 youth are being met. It is probably too late to begin
percent of incarcerated youth are labeled educationally such discussions after a lawsuit has been filed.
handicapped (Krisberg, 1990) and that 34 percent are
functionally illiterate (Gerry and Certo, 1992). Given School Dropouts
these percentages, it is critical that detention educa- Many juveniles in detention have had a negative
tional services include special education programming. experience in the school system, and their motivation to
remain in or return to school is almost nonexistent.
Federal Standards However, returning to school may be the best chance
The Education for All Handicapped Children Act these youth have to change their behavior and lead
(EAHCA), now the Individuals With Disabilities crime-free lives. Engaging detained youth in the
Education Act (IDEA), 20 U.S.C. 1400 et seq., educational process has many beneficial effects. If
requires that all youth who are or may be education- youth are able to keep up with the class while in
ally disabled receive a free, appropriate public detention, the likelihood that they will return to school
education. Civil rights groups have shown a willing- successfully is increased. Conversely, if youth are sent
ness to sue State and local agencies to ensure that the home after a period in detention and find that they are
provisions of the act are extended to incarcerated further behind the class in school, catching up can
youth. The settlement of a class action suit brought in appear to be so impossible that youth simply drop out.
the Federal Court, District of New Hampshire, Adolescents once dropped out of school to work in
required the following: the mills and factories. Today’s youth drop out of
• All educationally disabled students must school to enter a world of crime and drug trafficking
receive an educational program for at least (Duster, 1987). Few would argue with this assessment.
5.5 hours each day, beginning no later than Therefore, any step taken by the detention facility to
2 school days after arrival. enable or encourage detained youth to return to school
• No educationally disabled student placed in would be a step toward prevention of more crime and
the detention unit may be expelled from further penetration into the criminal justice system.
education.
• No educationally disabled student may be
suspended from education for acts not commit-
Computer-Assisted Instruction
ted in the course of the educational program.
Computer-assisted instruction (CAI) is an educa-
• For those students determined to be education- tional tool used to strengthen and expand existing
ally disabled, the responsible school district detention education programs, while simultaneously
should be notified within 24 hours, and the offering additional remedial, social, and life-skills
school district should provide within 24 hours education. Using computers permits educational
a copy of the student’s individual education programming to be expanded, permits a more cost-
plan (IEP). Whenever the IEP cannot be fully effective use of personnel, increases the amount of time
implemented by the detention unit, a special spent on individualized educational activities, and
education evaluation placement team meeting combines high-interest activities with educational
should be convened promptly for the purpose concepts.
of determining whether the educational Four integrated CAI components are recom-
program being provided is appropriate or mended. A compatible educational philosophy is the
whether the IEP should be revised. concept of peer-assisted instruction, which comple-
Even a casual observer can see that this is a ments CAI and helps to teach responsibility. Similar
cumbersome, time-consuming, and costly process. It is programs have been very successful in enhancing
not the best method. instruction in a variety of subject matters, while

129
simultaneously increasing a youth’s concern and An Example
commitment for others. Arizona has developed and implemented alternative
Remedial Instruction Program educational programs for youth who are temporarily
detained in county juvenile detention facilities. Northern
Numerous students experience learning problems Arizona University, Arizona Center for Vocational
that prevent them from fully participating in group Technological Education, Coconino County Juvenile
instructional activities. Specific learning disabilities or Court Center, and Flagstaff Unified School District have
problems often prevent the mastery of fundamental cooperated to create alternative educational services for a
educational concepts. The purpose of a CAI remedial historically underserved population.
program is to provide additional prescriptive instruction
Computer-Assisted Detention Education and
for specific skill development.
Training (CADET) was developed as a dropout
Supplemental Academic Instruction intervention program for Coconino County juveniles
who have been detained. Students are transported daily
The supplemental subject instruction offers
to the campus of Northern Arizona University for CAI.
additional instruction in conjunction with the existing
CADET is staffed by State-certified teachers as well as
detention education curriculum. Students participate in
detention careworkers. Educational diagnostic assess-
computer-assisted educational activities that enhance
ments are administered, and IEP’s are developed for
their studies in reading, English, math, social studies,
each student. Special education students from county
and industrial arts. CAI also provides learning opportu-
schools continue to work on their established, short-
nities in vocational education. This educational compo-
term IEP goals while at CADET. Students who are not
nent provides additional instruction so that students
from the county normally focus on GED preparation.
may achieve mastery in various curriculum areas.

Afterschool Program
An afterschool educational program offers students Summary
an opportunity to participate in computer-based
A comprehensive detention education program is a
learning experiences. These programs are reinforcing
powerful way of providing meaningful activity during
and include educational games and simulations.
the day. It reduces the boredom that is often the natural
Furthermore, students use problem-solving software to
consequence of detention. Participation in a successful
enhance decisionmaking skills. Although the program
detention education program reduces the number of
focuses on increased social skills, survival skills, and
interpersonal incidents and other disciplinary problems.
decisionmaking skills, programs also develop high-level
Because most youth in detention will be in the facility
thinking skills.
for a relatively short period of time, the school program
Summer School Academy must have many nontraditional aspects. Learning
periods should be short and independent of progression
The summer school academy provides an inte-
or prior knowledge. When possible, learning periods
grated program of educational software for those
should be nonthreatening, interesting, and entertaining.
students in detention during the summer period when
Although the period of detention is too short to correct
no school program is in session. Additionally, all
all past failures in school, it is long enough to impart
students can participate in computer programs that
general knowledge that will benefit youth whether they
provide instruction in life skills, such as personal
return home or are placed in some other program.
hygiene, attitudes, values, career development, and
basic educational skills.

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Chapter 12 Behavior Management in Juvenile
Detention and Corrections
Behavior management in the modern day deten- Personal Understandings
tion and corrections setting requires an understanding The area of personal understandings is often
of two incorporated subcategories of knowledge: (1) overlooked. However, before staff members can interact
human psychological functioning and (2) strategies of favorably with a juvenile in the detention or corrections
staff interaction to gain cooperative and appropriate setting, they must equip themselves with a basic
resident behavior. knowledge and understanding of human behavior and
There are two types of staff interaction strategies— establish or clarify their personal philosophy (or
“personal” and “structural or environmental”—which understanding) of behavior management.
will be referred to as personal and programmatic Lewin’s Behavior Formula. Kurt Lewin (1946)
strategies. There is enough knowledge about each of provided a fundamental observation that the behavior of
these types of interaction to discuss them independently a person (B) was a function of the interaction of that
even though they are completely interrelated. Therefore, person’s personality (P) and the present human and
this discussion of behavior management comprises two physical environment (E). This conceptualization is
parts. The first part focuses on the personal interaction often referred to as the Behavior Formula [B = ƒ (P,E)]
strategies and techniques of behavior management, and provides insight into why persons behave the way
while the following part focuses on programmatic they do. The formula also suggests a plan to maintain or
strategies and techniques. Both sections include and
change the present behavior of a person. Behavior is the
review relevant teachings on human psychological key word; it is not the juvenile careworker’s goal to
functioning (understanding the nature of delinquent and read the mind of a youth or to police a person’s hidden
adolescent behavior) as needed. attitudes and thoughts. The goal is simply to observe,
assess, and influence a youth’s behavior.
The second major principle clarified by the
Part I: Personal Strategy Behavior Formula is that staff members have great
Conceptually, this section does not embark on a personal influence on resident behavior through their
new path of behavior management and does not interactions with residents. However, it is equally
outline an original set of behavior management important that staff understand that human behavior is
techniques. No magic remedies or momentous ultimately self-controlled (personality controlled) and is
discoveries about behavior development or control a matter of self-choice.
have surfaced during the past 10 years. In fact, it is A resident’s behavior is a product of his or her
beneficial that the modern practice of behavior present personality interacting with the detention and
management is constructed on a solid foundation of corrections setting. A resident’s personality is not so
slowly growing empirical evidence. It should also be mystical that it cannot be understood. It is simply a
comforting that this evidence is not radically different two-dimensional structure consisting of (1) the youth’s
from what was previously thought to be true. learned beliefs, values, motivations, and rationalizations
However, our understanding of the nature of human about those beliefs and values (the youth’s cognitive
behavior has gained some clarity in the past few years, structure) and (2) a consistent set of learned behavior
and the emphasis for eliciting appropriate behavior patterns. Personality and potential learning capabilities
from residents has followed accumulating evidence may be influenced by inherited biogenetic characteris-
showing that positive resident behavior is a product of tics, but for the most part, personality is composed
positive staff-resident relationships. It also remains true entirely of learned patterns of thinking and behavior
that the basis for behavior management relies on the (Aronoff and Wilson, 1985; and Loevinger, 1987). The
personal strategies, actions, and interactions of the importance of this fact cannot be overemphasized for
detention and corrections staff. our personal understanding. It underscores that the way
youth think and act is derived from previous learning
Personal strategies for behavior management fall
and that the way they will act in the present and future
into six general categories of staff action and interac-
is subject to either new learning or reinforcement of
tion: personal understandings, relationship interactions,
previously learned behavior patterns.
leadership interactions, counseling interactions,
teaching interactions, and crisis interactions.

131
Behavior is the result of both learning and choice. People behave passively by failing to express their
Human beings have not only learned present sets of feelings, needs, or affections to others; failing to stand
behaviors, but they also continually choose to perform up for their rights; not making decisions for themselves;
them. Most behavior choices were made a long time not being able to say “yes” even when they really want
ago, and present behaviors are mostly thought of as to do something; allowing their ideas or opinions to be
habits. The important concept (understanding) is that easily changed; and constantly letting others take
every behavior is composed of a series of choices, and advantage of them.
it is possible to make new choices and establish new Aggressive. An aggressive person discounts the
habits (Kendall and Braswell, 1985). feelings of others and insists on getting what he or she
Another important understanding is that the average wants. This person hurts others and shortchanges others
delinquent youth has experienced a normal personality by preventing them from becoming what they should
development (Glasser, 1975; and Bandura, 1986). For the be. Aggression also hurts others by preventing them
most part, a delinquent youth is a typical adolescent from sharing in the good characteristics of the aggres-
going through normal developmental stages and facing sive person. Sometimes, aggressive behavior is open
the present and future world with the same anxieties, and explosive, while at other times, it is sneaky (what is
hopes, and concerns as any other juvenile. It is valuable usually termed as passive-aggressive behavior).
to note that 90 percent of the behavior observed in a People behave aggressively by expressing them-
detention setting is normal adolescent behavior. selves in a threatening, assaultive, demanding, or hostile
Of equal importance is the fact that the remaining manner; taking advantage of others; pushing others
10 percent of behavior experienced in the detention around or manipulating them to fulfill selfish desires;
setting is the result of former learning and reinforce- using sarcasm toward others and insulting or belittling
ment and is usually the most effective behavior that the their feelings and opinions; and labeling (interpreting)
juvenile knows (at the present time) to get what he or other people’s behavior.
she wants. In other words, the maladjusted behaviors People choose to be aggressive because of anger and
may be inappropriate by adult standards, but they have fear. Aggressive behavior may or may not achieve the
worked successfully for juveniles in the past, and they desired goal. If a person obtains something through an
are products of past learning interactions and experi- aggressive act, he or she does so at a high cost to others
ences. Juvenile offenders will also continue to use these and himself or herself. These costs include feeling guilt
old habits until the value of new choices is clarified. or shame, having one-sided relationships instead of
friendships, and being disciplined or ostracized.
Three Types of Staff Behavior
Aggressive behavior is especially bad when used as
In light of this basic knowledge of the development a behavior control technique because it is easier for
of human behavior, what is an effective philosophy of others to act passively or aggressively in response.
behavior management? Staff members reveal their Consequently, it is apparent that juvenile careworkers
behavior management philosophies through the use of need to analyze and understand their philosophy of
passive, aggressive, or assertive interactions with juvenile interaction and behavior management, and if they find
residents and other staff. Usually, current patterns of that they have a leaning toward either a passive or
interaction were acquired through life experiences and aggressive orientation, they will need to move toward
were established without a cognitive philosophical the acquisition of assertiveness.
discussion or evaluation of the types of interactions that
Assertive. It is important to understand
would be most beneficial later in life. Consequently, it is
assertiveness. Many times juvenile detention and
important for juvenile detention and corrections care-
corrections staff have the admirable qualities of
workers to understand the differences between the three
concern, mercy, encouragement, dedication to service,
types of adult behavior (passive, aggressive, assertive)
and the strength of gentleness. However, it is also often
and to move toward the acquisition of assertive interac-
true that people with these qualities have difficulty
tion skills (Alberti and Emmons, 1990).
being firm. They often say “yes” when they should say
Passive. A passive person is one who exhibits “no,” and they tend to overextend themselves and to be
submissive behavior, discounts personal feelings, and easily manipulated.
defers to other persons. This person hurts “self” by
Sometimes, staff also exhibit codependency charac-
ignoring internal messages or personal needs and does
teristics. They tend to feel responsible for the feelings and
not get to express the joy, warmth, and love he or she
actions of others; they tend to feel angry when their help
should express. In short, a passive person misses out.
is not accepted; and they tend to do things for other

132
people that the people are capable of doing for them- lives they touch. There is no substitute for genuine
selves. Consequently, their actions and feelings of concern. Dr. William Glasser, author of Reality Therapy
concern do not produce the intended good results. (1975) and Control Theory (1985), states that all
It is important to understand assertiveness because persons must have assurance that their safety and
some staff have a common but very inaccurate notion survival needs will be met, must have some recognition
about assertive behavior, believing that it means to of personal power, must have a measure of fun and
dominate a situation and to get what one wants from freedom in their lives, and must have at least one person
others. This definition confuses assertive behavior with who loves them and whom they can love in return.
aggressive behavior. Many delinquent youth lack positive, caring adult
Assertive behavior is (1) a balanced, open, honest, relationships and have no reason to behave well or to
nonhurtful way to relate and communicate that includes expect to succeed at positive behaviors. Consequently,
listening and attempting to understand the other delinquent youth will only behave for people they can
person’s position before responding; (2) a way of trust to provide safety, recognition, some opportunity
appreciating the needs of others as well as those of self; for fun, justice in the area of freedom, and genuine
and (3) a way of relating to people that allows full concern for their future well-being. If a staff person
expression of oneself to others, while respecting their does not care and a program does not provide these
rights and feelings. essential relationship elements, the residents will not
strive for self-control.
Assertive persons directly and honestly express
their own emotions, needs, and rights to others without The second element of effective relationship
feeling embarrassed or resorting to aggression or building is honesty. Honesty means always providing
manipulation. They assume or share the responsibility the truth (with concern). There are many unpleasant
of making decisions and choices that affect their lives. truths that delinquent youth must face. It is never easy
They say “no” without feeling guilty and wholeheart- to be the first person to offer these explanations, but
edly say “yes” to requests that they really want to do. truth is an essential component for freedom, justice, and
Assertive persons view themselves as individuals with problem solving.
the same human rights, privileges, and responsibilities Listening
as everyone else, regardless of sex, race, religion,
vocation, or social status. Prudence means thinking before acting. It means
using practical common sense—counting to 10 and
By understanding, studying, and acquiring an
reexamining the plan of action. Then, if the action still
assertive behavior management style, juvenile makes sense, proceeding. It means not making hasty
careworkers will be able to show respect and concern decisions and not acting in revenge or prejudice.
for others and themselves. They will also be able to Prudent behavior is to act deliberately and to continu-
see that behaving assertively is an integral and ally evaluate personal reasoning. The use of prudence
essential part of the professional worker’s behavior builds trust and personal relationships.
management philosophy and method of action.
Finally, only by taking the time to examine internal Although concern, honesty, and prudence are
understandings will juvenile detention and corrections internal personal strengths and virtues to be practiced
workers be able to value and improve their behavior (Lewis, 1970), the art and interaction of listening must
management strategies and interactions. be learned, and it is a difficult skill to master. There are
many good listening models, and one of the best is
Relationship Interactions Dr. Thomas Gordon’s model, which he explains in his
books Parent Effectiveness Training (1970), Teacher
Relationships are now considered the primary
Effectiveness Training (1974) and Leader Effectiveness
control source for managing the behavior of juveniles
Training (1980).
(Morgenthau, 1992; and Morgenthau and Plant, 1993).
Effective behavior management relationships do not What do we mean by the term listening? Listening
happen by accident; they are created by the use of trust- means the ability to pay attention; the ability to read
building techniques on the part of the staff. Trust is built between the lines by hearing what isn’t being said and
by active listening, honesty, prudent action, and paying attention to the messages of body language; and
concern. Although the first skill can be learned, the the ability to be quiet and to ignore outside things,
other three must be consciously practiced. while tuning in the person who is speaking. Listening
means to hear with an open mind and to understand
Most people enter the detention and corrections
what is being heard without formulating answers or
field because they care about the young people whose
interrupting. Listening means to care, to feel, and to be

133
present without being distracted by personal worries. Active listening also requires a genuine acceptance
Listening is the first step in defusing anger; it is a of the youth’s feelings, no matter how different they
prelude to counseling; and it helps in the establishment may be from the worker’s. Acceptance does not mean
of personal relationships and behavior management. agreement; it does not mean the worker has to agree. It
On the other hand, being listened to means to feel simply means showing personal acceptance and
understood, valued as a person, respected, cared for, concern for the youth’s point of view. Active listening
and accepted. When you are listened to nonjudg- also requires a feeling of trust that youth have the
mentally, you feel that your burdens are being shared, capacity to learn how to handle personal feelings and
that you might venture to say something you wouldn’t problems (Mann and Otto, 1968).
ordinarily express, and that you are being allowed to Finally, active listening requires a recognition on
clarify in your mind what you are thinking or feeling. the part of the worker that the youth is someone
Being listened to means feeling that you are being separate from the worker, that the youth is a unique
helped. As an anonymous poet once expressed, “to be person who someday will not need a worker, and that
listened to is to feel that your joys are being doubled the youth is a separate individual who will have been
and your sorrows are being halved.” helped or enabled by the worker to have a personal
The art of listening is the cornerstone of communi- life and identity.
cation and the builder of trust. However, listening does Before using any other behavior management
not come naturally—it is a learned skill. It is an active technique, the juvenile careworker should use the
process that must be practiced and practiced. Therefore, following rule of thumb to build relationships: “When
listening is critical and very difficult to do, but staff in doubt about what to do, use active listening.”
members can greatly improve their listening ability by
learning the skills of active listening. Leadership Interactions
What Is Active Listening? Active listening means The third category of relationship building is
communicating personal acceptance through the art of leadership interactions. Leadership demonstrates the
listening. Active listening combines the skills of use of assertive direction versus the issuing of orders.
empathy and feedback; it involves the receiver (the Leadership is highlighted by four dimensions: involve-
listener) with the sender (the speaker). The receiver is ment, caring, control, and limit setting (Aronoff and
as active as the sender. Wilson, 1985; Shulman, 1985; and Glasser, 1980).
An active listener pays attention to the feelings, the Involvement. Involvement behaviors are the
values, and the problems of the speaker, offering behaviors a leader exhibits to ensure that all youth are
reflective, clarifying feedback in an effort to understand included and involved in all possible activities. These
what the speaker is saying. Offering feedback is not behaviors are also a personal psychological measure of
glamorous and is not meant to be counseling. It is how socially comfortable a worker is when joining in
nothing more than presenting an accuracy check of each activity. Involvement is usually measured on a
what is being heard. It is an effort to ensure that the continuum that ranges from underly social to overly
message has been received and understood. The active social.
listener reflects with the speaker.
Active feedback is combined with genuine empa- Ideal Involvement Behavior
thy. The active listener also feels with the speaker.
Consequently, active listening is a method of utilizing a
Underly Social Social Overly
basic attitude of concern, and without this genuine
attitude of concern, active listening will often come off or Antisocial Social
as false, empty, mechanical, and insincere.
To make active listening work as a behavior The underly social worker is the passive or
management tool, the juvenile careworker must want to aggressive person who does not want to be involved in
hear what the youth has to say and must genuinely want the activities of the unit. This worker often remains in
to help at that exact moment. If the worker does not a control room or office, constantly seeks to leave the
have the time to listen (right then), an appointment unit to run errands, or is perpetually involved in
should be made to listen later in the shift. The worker meetings. Sometimes, the underly social worker
should not appear to be dishonest or unconcerned by suffers from stress or has simply lost interest in the
attempting to listen while carrying on another activity program or the youth.
or by not devoting full personal attention to the youth.

134
On the other hand, the overly social juvenile
careworker feels a need to always be accompanied by Ideal Control Behaviors
another person. The overly social worker will create
disruption in the unit by pulling other staff members
from needed tasks or by compelling youth in the unit to “Abdicratic” Democratic Autocratic
leave activities to serve as company. Control Control
The ideal involvement behavior is demonstrated by
a leader who wants to involve all youth in the unit in The “abdicratic” leader is not comfortable being in
every possible activity but who does not need company charge and abdicates the position of unit leader and
or help for minor tasks. The ideal leader also recognizes control agent to the residents or other staff members. The
that every youth needs to be included in activities, safety, welfare, and activity needs of the residents cannot
makes provisions for many activities of varying skill be met when the leader demonstrates too many passive
levels, and provides skill-building exercises for youth characteristics and abdicates required responsibilities.
with weaker performance in a particular area. On the other hand, the autocratic leader demon-
Caring. Caring behaviors are the exhibited strates too many aggressive characteristics and jeopar-
behaviors of the leader that show a genuine expression dizes the safety, welfare, learning, and activity needs of
of concern or affection for the youth in custody. This the residents and other staff by imposing personal will.
behavior is on a continuum of concern that ranges from This type of leader is more than controlling; the
undercaring to overcaring. autocratic person is happy only when totally dominat-
ing each person and situation. An autocratic person can
Ideal Caring Behavior never be pleased because even when provided with
conformance to his or her original request, the person
will find reason to change the request.
Undercaring Genuine Caring Overcaring The ideal leader in the control area is capable of
and Concerned and Concerned two types of behavior—democratic control and limit
setting. Democratic control means that staff members
The undercaring staff member is unaffected by the are comfortable with the role of leader and can allow
circumstances and emotions of the youth in care. This the group of residents or other staff members to express
person often takes the attitude that it is a cold, cruel their ideas or feelings and to make adjustments in
world and that you have to be tough for the streets. This activity plans. The democratic leader can allow leader-
person sees the detention ward as a prisoner to be ship skills to emerge from the group without being
guarded, not as a person to be nurtured. threatened. However, when a resident begins to chal-
On the other hand, the overcaring leader sees every lenge the safety and welfare needs of the group, the
person’s trouble as his or her own and has difficulty democratic leader can accept the fact that the role of
separating the youth’s identity and problems from his or leadership includes the responsibility of limit setting.
her personal world. This person will often not have time Limit Setting. Limit setting, the fourth behavioral
to help youth with problem-solving behaviors and dimension of leadership, is a prerequisite skill of leader-
constructive activities because of time spent performing ship. Limit setting usually fails because the leader is
“rescue” behaviors. confused about how to correctly perform the task. For
The ideal caring behavior exhibited by leaders is example, limit setting is often inappropriately mixed with
the ability to be genuinely concerned with each behavior management techniques, such as counseling,
individual youth; however, this honest concern is that are more appropriate in other situations, or it is
combined with a genuine recognition that each youth intermingled with inappropriate techniques, such as
must be taught problem-solving skills and helped to aggressive (threatening) or passive (avoidance) behavior.
learn self-control and self-management.
Control. Control is the third dimension of leader- Ideal Limit Setting Behavior
ship behavior. Control behaviors are on a continuum of
control ranging from “abdicratic” to autocratic. Passive Behavior Enforceable Limits Mixed
No Limits With Threats or
Counseling

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Limit setting is an assertive behavior that must Counseling in the Detention and
contain three elements to be effective. Corrections Setting
• A limit must be clear. Limits should be set in Counseling in the detention and corrections setting
one or two sentences: “John, please turn the is a very controversial topic. Therefore, before examin-
television down, or the rule says that I will turn ing the techniques and strategies of counseling, a
it off.” Common mistakes include giving a discussion is needed of what counseling is and is not.
directive without explaining the consequence,
Counseling in detention is not case planning or
masking the limit by telling stories of what
case management. Most juvenile court systems have
happened in similar circumstances, or appeal-
specific personnel assigned to these functions, and
ing to the group to change a resident’s behav-
unless a detention worker is assigned these specific
ior. Sometimes, a staff member begins to mix
duties, they are not areas of legitimate concern. Coun-
counseling or problem solving with the limit-
seling is not “giving advice.” Even in the nondetention
setting directive. The use of additional words
world, counseling is geared to problem solving and
tends to muddle clear explanations. When it is
helping persons discover the appropriate answers for
time to set limits, issue the directive clearly,
themselves. Most important, counseling is not the only
explain the legitimate consequence at the
way to change behavior or personality. In fact, counsel-
same time, and wait for compliance.
ing is only one of many processes that should be used
• A limit must be concise. Closely associated to manage or change behavior.
with clarity is conciseness. Clarity is aided by
In the broadest sense, counseling is everything staff
brevity. Therefore, when it is time to set limits,
do and everything they say. Although in some detention
the directive should be issued, and the legiti-
settings an attempt is made to forbid counseling, this
mate consequences stated—all within one or
really is impossible to do in detention. Those required
two sentences.
to manage behavior are also required to use communi-
• A limit must be enforceable or “doable.” cation skills and counseling, in its appropriate context
This statement means that a limit must be of solving problems and teaching new behavior.
something that the leader is allowed to do.
The detention and corrections worker is constantly
The behavior being limited must violate some
confronted with the problems of residents, and it may
existing rule. Good rule systems are developed
seem that the problems are limitless. Fortunately, all of
over a period of time and usually have consid-
these problems fall into two broad categories, and they
ered all necessary safety and welfare behaviors
demand knowledge and training in only two counseling
that will arise in day-to-day activities. Limits
techniques—personal problem solving and conflict
should not be issued in violation of these rules.
resolution (Jacobson and Margolin, 1979; and Gordon,
The residents know the rules as thoroughly as
1970, 1974, 1977).
the staff and will not be inclined to follow
directives that are illegitimate. Of course, limit The Problem-Solving Model
setting underscores the need for an adequate
The problem-solving model is used when the
rule system. Rule systems are part of the
resident is presenting a problem that involves an
programmatic (structural-environmental)
individual behavior or personal decision. Examples of
process discussed in the next section. Conse-
these problems include the following: “Should I go
quently, doable means that one has set a limit
home, or should I stay with my uncle?” “Should I take
about something that is legitimate and ex-
English or math?” “Should I go to bed as requested, or
plained the legitimate consequence for that
should I stay up?” The worker can help the resident
action.
arrive at a workable solution by using the three steps of
Doable also means that the leader will actually do the model:
something—which is why assertive and honest behav-
(1) Recognize and define the problem.
iors are required of all leaders. Nagging, bribing, and
idly threatening never have a place in the detention or (2) Examine the alternatives.
corrections setting. Limits should only be set to keep (3) Make a decision and take action.
safety needs and proscribed rules from being violated; Define the Problem. First, help the resident to
once set, limits should always be enforced. The failure define the problem—which is not easy for most
to follow through on limits that have been set will residents. They are so used to not making decisions that
ultimately result in a loss of group control. they simply avoid thinking about their actions, or they

136
are so used to blaming others for their problems that • Counseling should not be hurried. The staff
they automatically define the problem as someone member should take all the time needed. (The
else’s, or they relate the problem to another person’s model does not have to be taught in one
actions. For example, “Kevin made a face at me; so I hit session; it can be taught step by step.)
him.” Many residents do not easily recognize that their • The youth may become stuck on a particular
behaviors and the causes of their problems are the result step. The session should be stopped to let the
of their own choices. Consequently, the first step in youth think about the situation.
problem solving is to get youth to brainstorm about
• It often helps to have the youth write down
possible definitions and ownership of the problem. The
personal definitions, and it sometimes helps to
longer the list of possible definitions, the more learning
have the youth talk to other residents and
is available to the resident. At minimum, a resident
return for a second problem-solving session.
should be required to produce three possible explana-
tions or causes for the problem situation. • When the youth advances to step three
(deciding and taking action), the staff member
It is important to recognize that the definitions
should help the youth to formulate a specific,
must come from the youth, not from the worker. The
small-step, positive action plan (something the
responsibility to solve the problem is the resident’s,
youth plans to do rather than not do).
not the worker’s. The staff member must know the
method and teach it to the resident in a step-by-step • The plan should be formulated for the present,
fashion. After the resident has produced a list of not the future, and a way to monitor the
possible definitions (reasons) for the problem and has youth’s progress should also be discussed.
a basic recognition that it is a personal problem to Although problem solving is a three-step process, it
solve, the worker should proceed to step two— is not easy. The methodology must be taught to the
examining the alternatives. youth and may take repeated short sessions to help the
Examine Alternatives. The second step, much like youth think through one solution. However, the process
the first, begins with a brainstorming session to identify is worthwhile. It means that as counselors, staff do not
possible actions to be taken in response to the problem. need to know the answers to every problem; they
The list of options should contain the previous behav- simply need to know and teach the method to solve the
iors that the resident has used to respond as well as all problem. The future behavior of the youth is still a
of the alternative actions that the resident can construct. personal responsibility, but new behaviors can be
This list must be developed by the resident, not the discovered through problem solving.
worker, and the list must contain a minimum of three
The Conflict-Solving Model
alternative behaviors. When the options are listed, the
worker should engage the youth in a discussion about The second type of counseling situation that
what will happen if each alternative is tried. In other confronts the detention and corrections worker is a
words, each alternative must be evaluated for its conflict between two or more residents. When the
practicality and possible consequences. problem is not personal and cannot be solved by just
one person, a variation of the problem-solving model
Decision and Action. The third step requires the
should be used. This process is usually termed conflict
resident to make a decision and to take action. Some
solving or conflict resolution (Jacobson and Margolin,
youth may find this easy to do, while other youth may
1979; Gordon, 1970, 1974, 1980; and Stuart, 1980).
require further brainstorming in three to five smaller
planning steps to see how to implement the decision. Conflict solving, similar to problem solving, has
Reinforcement for good decisions should be provided, three important distinctions: (1) all parties that are part
and sometimes, behavioral contracts with the resident of the conflict must be present to solve it, (2) all parties
should be instituted, if they are available in the must be part of the solution for it to work, and (3) the
program design. process will take more time and effort by the detention
worker, requiring five steps instead of three:
Important Counseling Concepts (1) Set ground rules.
• The problem is the youth’s problem, not the (2) Identify the problem. (This is crucial.)
worker’s problem. • Have one party make an “I” statement.
• Only behaviors involved in the problem should (“This is how I see the problem.”)
be examined.
• Have the second party listen.
• The most important thing is to teach the
model, not to solve the immediate problem.

137
• Have the second party offer feedback problem and has been understood by the second person,
(only on what is heard). the careworker will have the persons reverse their roles
• Reverse roles. and begin the process again.
(3) Determine ownership of the problem. When step two has been completed, both persons
should be able to restate the other person’s definition
(4) Examine the alternatives, searching for an “I
of the problem. It is usually helpful to reduce these
win-you win” solution.
definitions to writing. Although simple in nature, step
(5) Make a new behavior rule and take action. two is often a lengthy and emotional process, and the
Ground Rules. First, the counselor role requires session may have to be interrupted and continued at a
the staff member to set the ground rules. The staff later time.
member will tell people where to sit, will decide who Ownership. Step three requires an acknowledg-
will get to speak, and will let only one person speak at a ment by each person that the conflict is mutually
time. It is very important for the staff member to be owned. In other words, the conflict is the problem of all
neutral and fair during the session and for the staff parties concerned. It is not just one person’s problem
member to be viewed as the person in control. Staff behavior that has caused the conflict.
must be assertive and demonstrate equal concern for all
Search for Solution. Step four is a search for
parties and for the process. The outcome cannot be
possible solutions to the problem. Again, the careworker
predetermined or solved with an order. Staff must also
will ask one person to clarify his or her solutions using
teach each person the meaning of “I” statements. (See
“I” statements, such as “This is what I would like to have
the listening models of Dr. Thomas Gordon.)
happen.” The second person will be asked to listen and
Identify the Problem. The second step is similar repeat what he or she heard the first speaker say. After the
to step one of the problem-solving process—the first person has had the opportunity to list possible
problems must be identified. One person will be solutions, the roles will be reversed. The careworker will
selected to identify the conflict as he or she sees it and now have both parties evaluate the possible solutions with
will be given as much time as needed to clarify the a goal of finding a compromise or an “I win and you
situation from his or her perspective. Opinions about win” solution. It is also advisable to brainstorm the
the conflict must be limited to “I” statements, and solutions and consequences in writing.
each time a blaming statement, such as “you” or
Positive Agreement. Finally, the compromise (step
“they” statements, are used, the speaker must be
five) should be stated as a new behavior rule between
corrected by the careworker.
the parties, and this compromise should also be a
The second person (or additional persons) involved positive agreement, such as “In the future, I agree to ....”
in the conflict will then be asked to offer feedback to It is also better to finalize the agreement in written or
the first speaker, using “I” statements to explain what contractual form. The careworker should deliberately
he or she heard the first person say. This is a very take as much time as needed during the conflict-solving
important step. The second person is not offering a process to ensure that new learning is actually taking
second definition of the problem but rather is stating, place and to make the process time consuming so that
“This is what I hear you saying.” both parties will be committed to the solution.
Staff will address the first person and ask him or Problem solving is difficult for residents because it
her to clarify if that is what he or she actually said. If requires personal responsibility and growth. Although
the meaning was missed, the first person will respond the problem-solving and conflict resolution processes
with a clarifying “I” message, and the second person also require staff effort, these processes are less painful
will be asked again to state what he or she heard. and more productive than the alternative behavior
Usually, a great deal of time is spent in this area management techniques required to control constant
because most conflicts result from a lack of good conflict and fighting in the unit. Finally, the learning of
communication skills and a lack of listening ability on these two models by the residents will promote life
the part of the persons involved. skills, self-management, and permanent behavior
The careworker must be wary of being drawn into change, making it worth all the effort.
the conversation by questions from either party. The
persons in conflict must speak to each other, listen to The Teaching Relationship—The
each other, and limit their opinions to “I” statements. Juvenile Careworker as a Model
When the careworker feels that the first person has Teaching appropriate behavior is not limited to the
thoroughly clarified his or her personal definition of the classroom or to group and individual counseling

138
sessions, although these forums are very important. The Production-Retention. The production (perfor-
most powerful behavior management tool operating for mance) and retention of new learning is aided through
the juvenile detention and corrections worker is self- constant modeling by the staff and by teaching the skill
management, and the most important relational interac- in small steps with good instructions on how to do the
tion taking place is behavior management through skill. Retention is also aided by cognitive and behav-
modeling. Modeling is the teaching of appropriate ioral rehearsal because much of what is modeled cannot
conduct through appropriate staff behavior. Lewin’s be easily or immediately put into action. Cognitive
(1946) behavior formula is always at work. The rehearsal (imagining how to do the skill) heightens
behavior of the residents in the institution is the product attention, increases motivation, and helps to clarify
of staff interactions, and everything that a staff member conceptions of the new activity. Behavioral rehearsal
does is an interaction and a teaching influence. means to practice the skill, with the opportunity to
The behavior (modeling) of each staff member has receive constructive feedback.
an observational learning effect (Bandura, 1986). Issuing orders, rewards, and punishments will not
Modeling teaches rule learning, component skills, new automatically produce good behavior. Even modeled
patterns of behavior, judgmental standards, and behaviors cannot always be recreated by children who
cognitive skills. Staff behavior serves as a social prompt do not know how to perform the behavior. Youth need
that can activate, channel, and support behavior in the the opportunity to receive coaching and to practice what
resident observer. Staff behavior has the full focus and may often be seen as common sense or basic skills.
attention of all the residents, and staff behavior has an Motivation. There is a difference between the
“arousal effect” on the residents. In other words, the acquisition of a skill or behavior and the performance of
emotions and behaviors of the models tend to be the behavior. Motivation plays an instrumental role in the
replicated in observers and tend to develop anticipatory acquisition and production of new behaviors. Although
emotions about events and the environment. The staff new behaviors are usually prompted into action by
member’s actual behavior (not the written rules) will be providing positive incentives, the major function of
echoed and choreographed by the residents. incentives is to create an antecedent condition—the
Staff members are seen as the most powerful and anticipation of a consequence for performing the new
important models in the detention and corrections behavior rather than the actual consequence.
environment. The more attractive the staff member, by Motivation is also provided through vicarious
any means of measurement, the more influential the means—which means that a person can learn and profit
message. Therefore, modeled staff behavior will teach from observing the successful and unsuccessful
self-management and inhibit negative behavior, or it behavior of others. The observed behavior of other
will teach using aggression, sarcasm, argumentation, residents can lead a youth to participate in the modeled
and loss of control. activity, and the observed social comparison of the
Juvenile careworkers are called upon to be teachers results can change the value of the reward or punish-
throughout the day, in every area of daily life—how to ment. Therefore, observing results can change the level
shower, how to eat, how to clean, how to play a sport or of personal motivation. Observing rewarded outcomes
game, how to act in group, how to solve problems, how to helps create positive performance, while observing
learn math or English, and how to behave. New learning unrewarded positive behavior may decrease desired
never stops, and the teaching interaction never ends. positive behavior. Likewise, observing negative
Consequently, it is worthwhile to contemplate how to behavior being punished will decrease unwanted
present new learning in the clearest and easiest manner. deviant behavior.
New behaviors and self-management can be taught Consequently, observing the results of another
by three teaching processes: attention, production- person’s behavior is more powerful and perhaps more
retention, and motivation (Bandura, 1986; and beneficial than personally receiving the consequences.
Mahoney, 1974). In fact, human experience would be perplexing and
Attention. The attention (attentional-informative) even disastrous if persons could not learn to anticipate
process is concerned with how the behavior or skill to be consequences or develop problem-solving operations
learned is presented to the learner. This process includes and self-motivational behavior from the observation of
building a positive atmosphere to accept the new learning, others (Bandura, 1986).
getting the person to notice the model (by demonstration Motivation affects the total learning process.
or visual aids), choosing a skill that the learner can However, incentives other than vicarious modeling
understand, and building an expectation for positive influences are usually programmatic consequences,
consequences associated with implementing the skill. which will be more fully discussed in the next section.

139
Crisis Interactions tion is simply to show the resident that the worker is
aware of the anxiety, is concerned, and recognizes and
The term “crisis” needs definition. Crisis usually
approves the resident’s right to be anxious. If the
refers to an event that appears to be out of control. It is
resident agrees to talk about the problem, the only
not a crisis when a resident has lost self-control and the
technique that should be used is active listening.
staff member knows what to do. It is only a true crisis
Counseling is not appropriate at this time because
when a resident has lost self-control and the staff member
counseling only works when a resident is calm and
does not know how to manage the situation. The latter
when personal anxiety is arrested (stopped). Notice that
situation should never occur in detention and corrections
counseling is a level-four interaction. In other words,
settings. Consequently, the term crisis interaction is a
the purpose of using approval and active listening is to
category of personal interactions for juvenile careworkers
arrest the resident’s anxiety.
when the youth has lost self-control or feels that his or
her personal world is in crisis. Aggression. The second resident behavior stage is
labeled aggression and refers to verbal aggression. The
This definition reflects the Chinese symbol for
resident has demonstrated a loss of emotional self-
crisis, which combines the symbols for the words
control, has refused to follow instructions, or has started
danger and opportunity. In other words, when youth
to threaten others. At this point, the appropriate
feel that the present limitations of their knowledge and
interaction is to set limits assertively. This situation
behavior have created a dangerous situation, the
does not call for approval, listening, physical manage-
detention and corrections staff member is presented
ment, or counseling. Limit setting, as discussed
with an opportunity to teach new information and
previously, has been found to be the most effective way
learning. To interact effectively at the time of resident
to defuse potentially explosive behavior.
crisis, a staff member needs to use a prelearned model
of interaction, such as the following four-step model for Physical Assault. The third possible behavior stage
assessment and intervention (Griffis, 1975): of the resident is physical assault. The goal of all
personal interactions should be to handle every situation
verbally. However, if the resident progresses to the state
Crisis Assessment and Interaction Model of physical attack, then the only legitimate and safe
procedure is to use an approved physical management
Assessment of technique and to remove the resident to a behavior
Resident’s Behavior Staff Interaction management room or hold the resident until he or she
calms down. Safe and approved physical management
Anxiety Approval and techniques require extensive training and procedural
Active Listening safeguards. However, if the resident does actually use
Aggression Limit Setting physical force, the staff member should use physical
restraint. This situation does not call for counseling,
Physical Assault Safe Physical limit setting, or active listening.
Management
Arrest of Anxiety. Stage four, arrest of anxiety, is
Arrest of Anxiety Counseling the eventual result of any appropriate crisis interaction.
Usually stage-four behaviors follow level-one or level-
In this assessment and interaction model, the first two behaviors because when active listening is used for
staff action is assessment. It is possible for the resident to anxious behavior or when appropriate limit setting is
be at any one of four stages of personal crisis behavior, used for verbal aggression, residents will calm down
with an appropriate and different staff intervention for and be ready for the problem-solving process. Most of
each stage. Assessments are always determined by the the time, a resident is practicing level-four behavior, is
actual behavior observed by the staff member. calm (anxiety is arrested), and is ready for counseling.
Again, counseling means using one of the two models
Anxiety. The first resident behavior stage is of counseling discussed earlier in this section. If a
anxiety—which means that the resident is demonstrat- resident begins to show signs of anxiety during counsel-
ing a noticeable change in daily behavior. The resident ing, the worker should simply revert to active listening.
may be showing physical symptoms of agitation or may
be withdrawing from the group. The appropriate staff The real value of this crisis interaction model can
interaction at this time is to draw near to the resident, be realized when staff members learn to evaluate the
offer nonverbal signs of concern, and ask whether the four levels of resident behavior and to apply the staff
resident would like to talk. The purpose of this interac- interaction appropriate to that level. Using an interven-
tion designed for a different level is to do more or less

140
than required by the situation, and either type of • Lack of Respect. Lack of respect is shown by
interaction will only escalate the resident’s crisis not assigning responsibility to others and by
behavior. Proper use of the verbal techniques discussed not demonstrating courtesy and concern for
in this model will also nearly eliminate the need for residents and other staff members.
physical management responses. Solutions. It is important for juvenile care-
workers to examine their caring behavior
Ten Common Interactional Problems of
and their personal philosophy about the abili-
Juvenile Careworkers and Suggested ties and capabilities of other persons. Most
Solutions human beings have the same needs and capa-
• Lack of Structure. Failing to provide ade- bilities. We need safety, love, fun, power or
quate structure for the group often comes from recognition, and freedom. We also have the
a lack of understanding of or training in capabilities to learn and to achieve. Even in-
detention and corrections practice, adolescent appropriate behavior has been learned through
development, human behavior, principles of behavior modification principles and can be
behavior modification, program goals, unlearned. Likewise, new behaviors can be
program rules, problem solving, and interac- learned as replacements. Courtesy and respect
tional skills. will reap a return of courtesy and respect.
Solutions. Possible solutions to this problem • Lack of Anticipation and Preparation. Most
include training and education in the above- day-to-day hassles occur because attention is
mentioned areas, formulation of workable not paid to small details.
program goals and procedures if they are Solutions. Take planning to its next logical
missing, formulation of a personal philosophy step. If the plan calls for a checkers tourna-
that outlines an understanding of the above- ment, make sure that there are enough sets of
mentioned areas, and discussions about the checkers and game boards. If a quiet activity is
structure (rules and procedures) with all planned, check the room before a group is
residents to ensure that they understand allowed to enter and put away the active
acceptable behavior in the unit. Structure also equipment (loose boxing gloves, basketballs,
takes daily effort. Unit reports, case notes, or field hockey equipment). Unsecured
admission material, medical data, and personal equipment will always be put into play by
relationships must be reviewed on a daily some group member. Clean up and have ready
basis. an activity area for the next group. Anticipate
• Lack of Planning. Behavior management the next group leader’s problems and help
cannot be accomplished without a set of prevent them. Activities requiring transporta-
preplanned schedules, routines, and activities. tion are a special concern. Check to see that
Solutions. At a foundational level, this means the needed vehicles, fuel, and keys are avail-
a planned routine for each shift for each day of able before picking up the group. Put staff
the week. From a more individual perspective, members at both ends of the group while
planning means for each person to know walking and keep potential runaway youth
exactly what he or she is responsible for today, close at hand.
tomorrow, this week, and next week. Activity • Lack of Adequate Directions. Poor resident
schedules usually have some flexibility built performance is often a result of not under-
into them, and staff schedules often vary. standing a rule or not knowing how to perform
Therefore, it is important to have a daily list a particular behavior properly.
of planned activities that is reviewed at the Solutions. Offer instructions instead of orders.
beginning of the shift. A second meeting Explain rules and procedures in small steps.
should be held at the end of each shift to Ask residents for questions. Set all rules and
preview the next day’s activities and staff jobs in written formats with small, easy steps.
assignments. A weekly team meeting should Hold classes and group sessions on how to
also be provided to discuss long-term plans perform particular behaviors and jobs. Most
and organizational changes. Finally, all plans important, model appropriate behavior at all
should be established in written schedules and times—which is the best type of direction.
memos; an unwritten plan is not a plan.

141
• Lack of Resident Involvement. Many group time to time, the use of title and surname adds
problems occur because only special children to a feeling of maturity and respect (“That was
are included in some activities (for example, a very good job, Mr. Smith”). Staff should
only good basketball players) or because always introduce themselves to new residents
juveniles with serious behavior deficits are and should always introduce new residents to
excluded. Sometimes youth are excluded so the group. The group is always changing. New
that staff members can play in the activities. people enter every day, and older group
Lack of involvement in appropriate activities members leave. Each group member also
leads to participation in undesirable activities. changes. One resident may have a successful
Solutions. Exercise great care to ensure that day, while another resident may learn of a
all youth have the opportunity to be included family problem. The group is never the same,
in the activities they would like to try. Many even if it is composed of the same people who
times, this care will necessitate using check- were present yesterday.
lists or special training and coaching sessions Quiet times should be spent in getting ac-
or using classroom volunteers and tutors to quainted, and all records on each resident
help youth with special needs or insufficient should be read. Group discussions and
skills. activities help to build acquaintances and to
• Lack of Staff Involvement. Often, this lack of reveal important facts about each other.
involvement is exemplified by staff members Residents need to be listened to and to feel that
who remain at desks or in chairs and control the staff are concerned for their safety and
rooms. Regardless of how it appears, it means welfare. They also need to feel that the rules
that these staff members have started to ex- are fair and that staff will enforce them fairly.
clude themselves from contact and activities Good personal relationships emerge from true
with the residents. concern, honesty, prudence, and listening.
Solutions. The best solution is self-examina- • Lack of Recognition for Positive Perfor-
tion. Sometimes, staff members begin to feel mance. Lack of recognition usually is a result
stress caused by work or external situations of weak observational skills, lack of training in
and slowly start to withdraw from daily behavior modification principles, or a lack of
activities. Sometimes, lack of involvement genuine concern for the residents.
takes the form of doing legitimate work at Solutions. Read and apply the principles
illegitimate times, such as doing unit notes, discussed in the next section. Increase personal
reports, planning sheets, or schedules (all recognition of small improvements in behavior
legitimate tasks) when the group needs super- or skill on the part of an individual resident or
vision or attention. Another form of this the group. Success reproduces success. Staff
behavior is to schedule meetings during unit members should apply most of their efforts to
activity times. Sometimes, workers are on the rewarding good behavior and positive effort.
unit but withdraw from the group, making This type of activity will result in a positive
themselves unavailable. After a period of self- unit atmosphere and optimal positive activity
examination, if workers feel that they are with- by each resident. The term behavior manage-
drawing, they will need to self-apply the ment often carries negative connotations
problem-solving techniques described in this because staff are looking for negative behavior.
section. The easiest and most fulfilling type of behav-
• Lack of Personal Relationships With ior management is the recognition of good
Residents. Lack of personal relationships is behavior.
usually a result of not knowing the group • Lack of Flexibility. Lack of flexible behavior
members and not using trust-building interac- patterns and/or tolerance is usually the result
tions, or it may be the product of an underly of rigid thinking patterns or lack of training.
social behavior pattern on the part of a staff Solutions. The need for flexibility may be
member. difficult to grasp because of the important and
Solutions. Behavior management is based on appropriate emphasis placed on planning and
individual knowledge of each child. Each child structure. However, work in a human environ-
should be known by his or her full name. From ment is always changing, and this change

142
requires human flexibility. Special events are design. Consequently, the ideas presented in this section
planned and then postponed; staff members will continue to expand personal understanding in
and volunteers call in sick; and the group is relation to the premises of the previous chapter.
always changing. Flexibility is an attitude. The To understand the impact of program design, Kurt
happiest people in residential settings are Lewin’s (1946) behavior formula must be reexam-
persons who enjoy the ever-changing nature of ined—the behavior of a person is the function of the
the group. They are also people who are happy interaction of that person’s personality and his or her
with the challenging work. Flexibility is also a present human and physical environment [B = ƒ (P,E)].
behavior, and it is easier for staff members to As previously discussed, this formula means that a
be flexible if they have done some anticipatory resident’s behavior is the result of a learned personality
planning for the next unusual day they might interacting with the personal influence of the detention
encounter. Planning also means setting aside worker in the detention environment.
some “rainy day” ideas and activities for the
The detention environment is both physical and
next small group, large group, or tour group
human. The average person may incorrectly believe that
that was not expected.
the physical environment is the most important element
Tolerance is also an important issue. Delin- in behavior control. It is important to understand that
quent youth do not know how to behave although the physical environment has an influence on
appropriately and often do not value appropri- behavior and behavior management, it does not have the
ate behavior. Changing delinquent behavior greatest influence.
patterns and value systems takes time. Conse-
quently, tolerance of minor nuisance manner- The Physical Environment
isms and recognition of slow progress while Properly designed physical environment can be
youth are learning new behaviors is an im- very beneficial. A building that is bright, pleasant, and
portant skill that must be acquired by each clean can help the staff and residents feel happy, valued,
detention staff member. and safe. Modern detention designs need to pay more
attention to natural light, adequate interior lighting,
Summary sound control, adequate room size, heating and ventila-
This section has discussed six categories of tion, color schemes, and adequate space for classrooms,
personal interaction strategies for behavior manage- recreation, counseling, visiting, and outdoor activities.
ment: personal understanding, relationship interactions, Building design greatly affects safety and
leadership interactions, counseling interactions, security. A proper detention facility should meet the
teaching interactions, and crisis interactions. Examples following requirements:
of common interaction problems demonstrated by
detention staff have been provided, and some possible • Be constructed on one level of durable and
solutions have been outlined. fireproof materials.
Personal interactions are greatly enhanced by good • Provide adequate lines of vision for the entire
program design and an appropriate awareness of group.
structural and environmental concerns. The next section • Be totally sound monitored and, if possible,
is devoted to a discussion of these matters. have visual monitoring capability.
• Have the security equipment and monitoring
equipment located in an area separate from the
Part II: Programmatic Strategy residents.
• Have high ceilings.
Programmatic strategies are interaction strategies
that are related to the structure and environment of the • Have modern, unbreakable furniture.
detention and corrections program. These strategies are Although the building cannot substitute for an
sometimes referred to as structural or environmental adequate number of highly trained professional staff, a
influences or as the program design. The personal poorly designed building can create behavior problems
interaction strategies discussed in the previous section and seriously jeopardize safety and security. A poorly
are fundamental elements in behavior management designed building will also create the need for additional
(Griffis, 1994), but personal interaction strategies are staff and maintenance, greatly increasing long-term
totally interrelated with structural or environmental operational costs. There is an old maintenance adage that
factors and should be guided and controlled by program says, “In detention, you will eventually do it right.”

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Although building design cannot be adequately the program. If watching television is to be valued or
covered in this discussion of program design, references devalued, then the time, rules, and relevant theories of
on the subject are included in the bibliography at the visual communication and learning should be exam-
end of the Desktop Guide. The important concept ined and given appropriate emphasis in the program.
included in the behavior formula is that the physical If individual responsibility and work is deemed to be
environment has a continuous influence on the deten- of value, then the program’s rules, time allotments,
tion atmosphere and a constant effect on staff and and theories of learning need to be examined and
resident behaviors. designed correspondingly.
Controlling the physical environment means more It is important to realize that the behavior formula
than controlling the design of the building. Many of us always works and is always at work. Detention and
will never have the opportunity to design a new corrections programs and daily activity structure dictate
detention building, but all of us have the ability to the values and behaviors being learned or unlearned.
control the daily use of physical space. Cleanliness, use Programs of excellence are deliberately constructed
of equipment, and the positioning of furniture are a few with careful attention to values, learning theory,
of the significant aspects of environmental structure that behaviors desired (rules), and individual behaviors to be
are usually under the total control of the staff. modified. Good behavior is not required; it is taught.
The idea of activity construction is a very important
The Human Environment part of the structural environment. It is also important to
Environment is not limited to a discussion of note that many programs simply borrow a daily
physical space. Most of the environment in a detention schedule from some other facility and never consider if
setting is humanly structural—which means that the the choice of activities and time devoted to the activities
environment and atmosphere of the detention facility is are a major source of behavior management problems.
mainly created by the program structure, and in this A Note on Procedures. Procedures are for the
situation, there is absolute human control. A poorly staff. Every program should have a detailed procedure
designed building is daily trouble. A poorly designed manual to provide a guideline on how a required task
program is a behavior management disaster. should be performed or a required report completed.
What Are the Human Components of Behavior Procedures are not rules, and they are not for residents.
Management? Every detention program needs to Rules are for residents and staff. Rules should be few in
have a theory of behavior management and a set of number and minimal in length. Procedures should
rules, activity components, and staff procedures to always be in written form and should be as concise as
outline and implement the theoretical structure. The possible, although they can be lengthy if needed.
program should operate on the basis of what we know Procedures serve five purposes: (1) they make new
about human psychological development and the staff aware of needed tasks and the competencies
modification of behavior. Program theory must also required for each task, (2) they help staff clarify the
include relevant learning principles because old appropriate steps needed to accomplish the task,
behavior patterns, values, motives, and rationaliza- (3) they act as training aids, (4) they help staff achieve
tions have been learned, and new learning must be consistency, and (5) they increase the safety of the staff
introduced to each detention resident if rational self- and residents. Procedures are a valuable part of the
controlled behavior is to be achieved. structure but are not usually given much emphasis in
Activity Components. Activity components are behavior management discussions. On the other hand,
the day-to-day activities that are provided for each rules require the indepth discussion of the next section.
resident. Choice of activity components should also The remaining program structure in the detention
reflect the theory of the program. Activities include and corrections setting is usually thought of as a set of
every element of required behavior, ranging from time rules and a theory of behavior change and management.
set aside for personal hygiene and personal room Hopefully, a set of rules will never be constructed without
cleaning to classroom learning, group discussions, and an understanding of and clear adherence to good behav-
recreation. Time spent in each activity should reflect ioral theory as outlined in the remainder of this discus-
the value of the activity within the philosophy of the sion, using a synthesis of ideas from the following
detention and corrections program. Each activity authors: Bandura, 1986; Kendall and Braswell, 1985;
should be conducted with attention to the rules and Thomas, 1984; Stuart, 1980; Meichenbaum, 1978;
the learning theory of the program. In other words, if Axelrod, 1977; Kazdin, 1975; Mahoney, 1974; Griffis,
education is valued, then the time, rules, and theories 1989, 1972; and Homme, 1970.
of teaching and learning should receive emphasis in

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Program Rules • Secure staff commitment to the rules. The
The Purpose and Construction of Rules. Rules in major difficulty in rule achievement is consis-
a detention and corrections setting are clear definitions tency in adherence and enforcement by the
of expected behaviors. The purpose of a rule is to staff. Without consistency, 30 staff members
explain to staff and residents the required standard of can result in 30 different interpretations of
behavior and the consequences for following or not each rule. Staff members also have individual
following the rules. Rules explain acceptable and value systems and tend to emphasize rules
unacceptable behavior, while functioning as a contract differently. Program rules should always
between the residents and the program staff. explain the program’s value system, and that
value system should be emphasized by every
How To Construct Rules That Work. The golden employee. Inconsistency in interpretation and
principle of rule writing is to write simple rules. Rules enforcement will result in resident misbehav-
should make sense, but they are not common sense— ior. The basis for good rule enforcement is
which means that new residents and staff will not staff understanding and commitment.
automatically “sense” the rules. When they are told
about a rule, they will not automatically know the • Keep rules to a minimum. Normally, 8 to 12
meaning of the rule or the consequences of violating the well-written rules can cover a complete day of
rule. Consequently, rules should be constructed in the activities and achieve responsible behavior. A
following manner to facilitate the ability to help long list of rules will never be remembered or
behavior management. consistently enforced. Consequently, more
rules lead to more misbehavior, and fewer
• State rules in positive terms whenever rules result in less misbehavior.
possible. Tell people what you want them to
do, not what you do not want them to do. • Remember that simplicity is elegance. It is
Telling a person not to do something, such as also very hard work. Good rule making and
“don’t ask a question in that manner,” does not writing will usually require 3 to 4 hours of
explain how you want the question asked. If a effort per rule, even under the guidance of a
rule must be written as a don’t, limit the rule to very good facilitator. However, the construc-
a dangerous behavior (e.g., don’t fight). tion of the rule system, like the construction
and negotiation of any contract, is the key to
• State the rule concisely in one or two its success.
sentences.
Observation: The Overlapping and Fundamen-
• Put the rule in writing. The rule is a contract, tally Critical Skill. How are rules enforced consis-
and if it is a good rule, it should last for a long tently? Good rule construction and enforcement
period of time without the need for change. emerge from and are dependent on one fundamental
However, in the event of a rule change, put the staff skill—the critical observation of behavior. The
change in writing. skill is sometimes referred to as behavioral descrip-
• Explain the rule. Rules should be in a tion, behavioral definition, targeting, pinpointing, or
resident handbook and posted where staff and behavioral recording. Regardless of the term used, the
residents can easily see them. Explanations of skill remains the same: (a) the ability to observe
the rules should be given to new residents, and behavior accurately and (b) the ability to correctly
training classes should be given to new staff describe or define the observed behavior to someone
and residents. Posters help with explanations else so that he or she acquires the same understanding
and help to remind people of the rules. of the behavior. The skill of observation overlaps the
Complicated rules can have additional expla- areas of rule construction and enforcement and is
nations or guidelines written for staff and equally critical to both.
residents, but the rule itself should always be Behavioral Definition. Behavioral definition
stated in one or two sentences. Put the expla- means to describe an event or situation so clearly that
nations in separate teaching handouts so that someone else could take the description and see the
the rules will stand as a small list of simple behavior as though it had been recorded on film or
statements. videotape. The skill consists of describing someone’s
• Seek input for the rules. At minimum, staff behavior in terms of what that person said or did,
should have input into the meaning of rules. including when and where the particular behavior
This process will help to clarify the rules for occurred. Critical observation and definition will
all concerned, and clarity will help simplify help staff communicate more precisely and directly
the rule.

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with others and have less chance of being misunder- often referred to as behavioral assessment (Kazdin,
stood. Good communication is difficult, and people 1975) or the A–B–C formula.
have different viewpoints about the definition of many Most people focus their rule enforcement on the
commonly used terms, such as “friendly,” “de- use of consequences. Some consequences strengthen
pressed,” “hostile,” “fronting,” or “manipulative.” behavior—which means that they increase the
Consequently, these terms can better be defined as probability that the behavior will occur again in the
labeling rather than describing. future. Other consequences weaken behavior and
When using behavioral observation and definition decrease the probability that the behavior will be
for rule writing, it is usually best to describe and repeated in the future.
discuss a number of specific examples to help clarify Both nature and program structure are continually
the target behaviors to be increased or decreased. This providing consequences for a resident’s behavior.
discussion also enables the staff to see and describe the Therefore, it is very important to recognize that
specific elements of the behavior that need to be placed consequences affect behavior and to analyze whether
in the rule. Finally, good description skills help staff to or not the consequences provided by juvenile
write the behavior in positive terms, while good careworkers actually have the desired effect. The
observation skills enable staff to recognize compliance consequences of behavior determine behavior strength
and positive effort on the part of the residents attempt- because individuals find a particular consequence
ing to follow the rule. either desirable or undesirable.
The observation and recording of behavior can Antecedents. Antecedents determine behavior in
be facilitated by keeping in mind the following simple a different way. Antecedents affect behavior not
questions: because they are desirable or undesirable themselves
• What does the person do and say or fail to do but because experience teaches that particular ante-
and say that brings about the problem or cedents become associated with a particular behavior
situation? that will be followed by a particular type of conse-
• When and where (in what situation) does the quence. In fact, research by Albert Bandura of
behavior occur or fail to occur? Stanford University (1986) highlighted that the
anticipated consequence was one of the strongest
• Is the behavior readily observable, and does it
motivators for behavior and had equal or more
actually exist?
influence than the actual consequence received.
• Is the description of the situation free of words
Behavior. Critical observation provides an oppor-
that label the behavior rather than describe it?
tunity to discover what antecedents and consequences
(Can the frequency be measured?)
consistently precede or follow targeted behavior, and it
Remember, critical observation helps to maintain helps evaluate whether or not the behavior the resident
objectivity, facilitates communication about targeted is performing is serious enough to warrant intervention.
behaviors, and simplifies the rule making and enforce- If the antecedents or consequences that consistently
ment process. Also, remember that a behavioral surround a targeted behavior cannot be easily identified,
observation must describe exactly what someone says it does not mean that a behavior modification procedure
or does. It must also state when and where a behavior cannot be used. The consequences provided in modify-
occurs or should have occurred. ing behaviors are observable, and it is possible to
Rule Enforcement. When a rule has been evaluate their effects on the behavior.
established, the pattern of observation must be However, it is imperative not to develop the habit
expanded to allow for successful intervention or of using only consequences to modify a behavior.
behavior management. This pattern of observation and Sometimes, a behavior can only be changed by modify-
intervention uses a second formula, usually referred to ing the antecedent conditions, and many times, anteced-
as the A–B–C formula. ent conditions such as learned values are more powerful
A complete description of any behavior for than program consequences. Consequently, a program’s
behavior management purposes includes a description structure should include group discussions and teaching
of the observable antecedents (A) preceding a behav- formats to clarify important values, motives, and
ior, a description of the behavior (B), and a descrip- rationalizations. Remember that in the name of the
tion of the consequences (C) of the behavior. This A–B–C formula, A comes before B, and B comes
process of describing antecedent conditions, fre- before C—the antecedent precedes the behavior, and
quency of targeted behaviors, and consequences is the behavior precedes the consequences.

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Achieving Good Behavior What Is Negative Reinforcement? Negative
reinforcement is probably the most misunderstood term
Programmatic strategies include more than rule
in behavior modification. Many people believe that it
systems, activity components, and staff procedures to
means to punish a person or give him or her a negative
outline and establish needed structure. The detention
consequence. But it is easily seen that the two terms
and corrections program also needs to understand and
“negative” and “reinforcement” would then contradict
follow the theory of behavior management. Probably
each other, which is not the case. Remember, reinforce-
the strongest theories of behavioral learning and
ment means to increase or accelerate the behavior.
management are Bandura’s Social Cognitive Theory
Therefore, negative reinforcement means to increase a
(1986) and the principles of behavior modification
desirable behavior by removing a negative consequence
described by Thomas (1984) and Kazdin (1975). In
that was already in place.
simple terms, behavior modification theory states that
specific techniques may be employed to increase Formally stated, negative reinforcement is a proce-
certain behaviors, and other techniques may be used dure by which an increase in the frequency of a response
to decrease additional behaviors. It is also important is obtained by removing an aversive event immediately
to return to Lewin’s behavior formula and realize that after the targeted behavior is performed. Negative
whether the appropriate technique is employed or not, reinforcement requires an ongoing aversive event that can
the formula is always working. Behavior in the be removed after a specific response is performed.
institution is always being reinforced or modified. A good example of using a negative reinforcer
Therefore, if staff members do not recognize and occurs when a parent removes a child from being
reward good behavior in the environment, they will temporarily grounded for not doing homework. The
automatically be increasing unwanted behavior. It is family has enacted a rule stating that if homework is
imperative to be aware of the programmatic (struc- not done, the youth will have to stay inside the house
tural) environment and to use techniques that increase and be grounded. In an effort to make the child do the
desirable resident behaviors. homework, the parent presents a temporarily negative
condition—grounding (a punishment). But when the
Increasing or Accelerating Behavior child decides to do the homework, the negative event
Behavior may be increased through the use of is removed, and consequently, the probability that the
positive or negative reinforcement techniques. child will do homework on time tomorrow is
What Is Reinforcement? Reinforcement refers to increased (reinforced).
the procedure of following a behavior by a consequence In this example, the parent used both punishment
(reinforcer) that increases response strength—which and negative reinforcement. Negative reinforcement is
means that reinforcement increases the probability that always used in connection with the presentation of
the behavior receiving reinforcement will be exhibited negative situations, but it is not the presentation of the
again in the future. A reinforcer is a contingent event situation. Instead, it is the removal of the negative
that increases the frequency of a behavior. Hence, a situation that reinforces the desirable behavior.
reinforcer is any consequence that follows a behavior Many people are placed in negative situations not as
increasing the frequency of that behavior. It is crucial to punishment but as a matter of everyday events, and they
understand that reinforcement accelerates both desir- perform or increase desired behaviors to have these
able and undesirable behavior. Therefore, only desirable situations removed. A second common example occurs
behaviors should be given reinforcers. Reinforcement when a person begins a new job and enters a probationary
may consist of either introducing a positive conse- period. The person is told that if he or she does a good job,
quence or terminating a negative consequence whenever the probationary status will be removed. (The person was
a specific target behavior occurs. Reinforcers are also not placed on probation for bad behavior. The person was
referred to as accelerators (Thomas, 1984). not even employed. That individual was simply placed in
What Is a Positive Reinforcer? A reinforcer is a negative position at the beginning of his or her employ-
referred to as a positive reinforcer only if it increases ment status.) Consequently, the person will perform to a
another person’s behavior and if it is viewed by that desirable standard to have the negative situation removed.
person as a reward when presented as a consequence. Furthermore, after performing the desirable behaviors and
Positive reinforcement is defined or determined by the having the negative probationary status removed, the
receiver in a process very much like the receiving of a individual feels rewarded and is likely to continue
present; some presents are loved by the receiver, while performing at a desirable standard of behavior. Such
some are returned to the store. behavior is responding to negative reinforcement.

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Types of Reinforcers identifying the appropriate reinforcers for each person
What Can Be Used To Reinforce Desirable on a day-to-day basis. The social, material, or activity
Behavior? The list of possible reinforcers is infinite, reinforcers exchanged for tokens are usually called
and it is different for everyone. However, it is useful backup reinforcers.
to consider four types of reinforcers: material rein- Tokens are also very powerful because they reflect
forcers, activity reinforcers, social reinforcers, and the real world. Almost every group of people living
token reinforcers. together has developed a token system that uses
A material reinforcer is any tangible item given to a exchangeable money as an easy form of reinforcement
person following the occurrence of a target behavior and commerce. Consequently, tokens in the form of
that you want to strengthen. Material reinforcers may points or program money are easily understood and
include food, toys, clothes, jewelry, recreation equip- readily acceptable to youth in detention and corrections
ment, or a new car. (Griffis, 1972).
An activity reinforcer is anything that a person How can staff find reinforcers to use in the program?
likes to do. Ask the following questions: “What can I give a youth
that might be reinforcing?” “What can I allow or enable
Social reinforcement can be thought of as any this juvenile to do that might be reinforcing?” and “What
human interaction that follows someone else’s behavior can I say to this young person that might be reinforcing?”
and strengthens it. The most common form of social When in doubt about what is reinforcing to a juvenile or a
reinforcement is verbal praise. In addition to verbal group, test your assumptions by asking directly (see the
praise, social reinforcement consists of anything you do sample reinforcer survey at the end of this section) or by
or say to make a person feel good, appreciated, ac- watching and discovering favorite activities. The follow-
cepted, or important. Approval, attention, and recogni- ing is a compiled list of reinforcers used by staff mem-
tion in any form are usually reinforcing. Simply bers of various detention programs in the Midwest
listening to someone and indicating that you have heard (Griffis, 1989). (An asterisk [*] denotes a reinforcer that
and understood what was said can also be reinforcing. overlaps more than one reinforcer category.)
Another effective form of social reinforcement is Possible social reinforcers include:
feedback. An advantage of feedback is that it enables
you to comment quite specifically on behaviors you • Praise or recognition in front of group or
want to accelerate. Feedback doesn’t always have to be family, such as smiles, handshakes, pats on
verbal. Letters, report cards, charts, and displays are back, “high-fives,” hugs, coach’s hugs,
excellent feedback providers. promotions, graduation ceremonies, letters of
recognition, attention, quality one-on-one
Staff must be cautious of feedback in the form of
time, time alone, and displayed art work or
criticism. Criticism is very likely to reinforce unwanted
homework.
behavior. Unfortunately, criticism is often used during
busy times when it seems that only individuals exhibit- • Family visits, home visits*, visits with friends
ing inappropriate or annoying behaviors get noticed. or other units*, promotion or status change for
Focusing attention on residents only when they are phone calls*, cards that are sent*, positive
exhibiting inappropriate behaviors will actually recommendations, recognition in a newsletter,
reinforce and strengthen these undesirable behaviors. verbal appreciation, stars, or positive com-
Conversely, appropriate or desirable behaviors that are ments on school papers.
ignored are simultaneously weakened. Therefore, a • Awards such as resident of the day or week;
good rule of thumb is to ignore the negative and student of the week; unit, cottage, or room of
reinforce the positive. the day or of the week; citizenship; certificate
Token Reinforcement Systems. Another type of of achievement; honor roll; or hall of fame for
reinforcement is token reinforcement. Token reinforce- record holders in a sports event.
ment is especially powerful because tokens may be • Special lunches or dinners*.
exchanged for any of the other three categories of • Appointments such as staff helper, captain of
reinforcers. Therefore, tokens become what each a team*, recipient of added responsibility,
individual wants them to be. service on a committee, recipient of a job,
Tokens almost always work as a reinforcer and employment in the gym, teacher’s helper,
intervention tool because individual residents can group leader, or selection for an activity.
decide what the tokens mean (social, material, or • More time with staff or nomination as guest of
activity reinforcement)—which reduces staff effort in honor at a party, celebration, or roast*.

148
• Evaluations, progress reports, report cards, • Recreation equipment, table games, arts and
badges, or personalized clothing or level crafts supplies, pictures, puzzles, and vouchers
clothing (i.e., clothing associated with a for purchasing items from catalogs.
behavioral levels system). • Material items that include almost any item
• Privileges that reflect trust or appointments as that can be purchased or donated. (Some items
a big brother or sister or as a tutor. may be given to residents while in detention,
Possible activity reinforcers include: and some may be provided to residents on the
day of discharge.)
• Games such as basketball, boxing, wrestling,
skating, bowling, swimming, volleyball, It is easily seen that the number of reinforcers is
football, soccer, croquet, table tennis, pool, tug limited only by imagination and budget or ability to
of war, intramural sports, and tournaments. obtain donations. Security considerations may govern
certain items that are distributed to the youth while in
• Dinners, movies, and movie rentals.
detention, but many items may be stored for a resident
• Trips to shopping malls, campgrounds, for use after transfer or discharge. There are very few
amusement parks, movies, sporting events, items that cannot be used in a reinforcement system.
truck pulls, the zoo, arcades, the circus, The only difficulty may lie in determining what is
carnivals, parades, fireworks displays, and reinforcing for a particular resident. Also, the advan-
church. tages and utility of a token system of reinforcement is
• Recreational activities such as sledding, easily seen.
tobogganing, skiing, boating, fishing, horse
back riding, hay rides, go carting, family visits, Seven Rules To Consider When Using
picnics, miniature golf, and hiking. Positive Reinforcement
• Parties, token-economy auctions, treasure • Give reinforcement after the target behavior
hunts, magic shows, talent shows, holiday you want to strengthen is performed or
projects, fashion shows, plays, clubs, video after the rule is followed. This rule means
games, television, puzzles, brainteasers, cards, that reinforcement is never given for promises,
board games, chalkboard games, pizza parties, only actions. It also means that when the rule
bingo, and special speakers. is followed, the person should be rewarded.
• Cleaning, cooking, baking, or painting. • Do not reinforce undesirable behaviors. Do
• Arts, crafts, sewing, tie-dyeing, gardening, late not give attention or criticism to nuisance
sleep-ins, selection as a leader*, service as a behaviors.
staff helper*, service as a work or activity • Reinforce immediately. Social reinforcement
supervisor*, selection as first in line* or first to can always be provided. It is much easier to
have seconds*, or choice of music or choice of give token reinforcement quickly than to pro-
television time.