Critical Issues Unique to
Juvenile and Family Drug Court Programs
Adequately Assessing Family Needs and Problems
Most juvenile and family drug court practitioners observe a high correlation between a juvenile's drug abuse and that of a parent or other family member and feel it important to address the family's problems to deal effectively with the child's. It is unlikely, therefore, that the court can deal with the "delinquency" issue and not get involved with "dependency" issues as well, even if no formal dependency action is pending. Conversely, it is considered likely that if family issues are not addressed, the child will continue to come back to court with the same problems. Recognizing that it is counterproductive to draw a line between what is needed for the child and what's needed for the family, the juvenile drug courts' challenge is to assess family needs fully and to engage the family in the child's recovery.
Compelling Involvement of Parents of Juvenile Drug Court Participants
A key issue for juvenile drug court judges in particular is how to constructively respond to noncompliance by parents of juvenile drug court participants. Even if incarceration or other sanctions are within the power of the court to impose on noncomplying parents, the question remains whether such action will actually help or harm the relationships between the parent and the child or the court and the child. Incarceration of parents or removal of a child from the home are certainly viewed as last resorts. A number of juvenile drug court programs require parents to participate in special parent groups that provide both support and the opportunity to develop parenting skills. Most juvenile and family drug court judges are coming to realize that their ultimate effectiveness, in the long term, will depend upon their achieving parental compliance with drug court program requirements through persuasion rather than coercion.
In some States, families are required to participate in court proceedings involving their children, and in some (Indiana, for example) this requirement extends to anyone living in the child's household. In others, however, there does not appear to be clear authority to compel the participation of parents in a juvenile drug court program. Although the privilege of confidentiality is usually considered to be the child's, it is generally the parent or guardian who must waive it. While most juvenile drug courts are using existing legal authority to compel parental participation, strategies for dealing with a truly noncompliant parent, such as appointment of a guardian ad litem, need to be further explored.
Addressing the Ramifications of Adults' Substance Abuse for Children
Most agree that drug use by adults has a direct effect on children with whom they are in contact, either by example, by involvement, or in utero. (See also "Populations and Situations Targeted" above.) In jurisdictions where both adult and juvenile drug courts operate, it has been suggested that the adult drug court refer children of participants to the juvenile drug court for special educational and prevention services. Even jurisdictions that do not have an adult drug court can be alert to the potential ramifications of parents' substance addiction for children, whether the parents come before the court through criminal, domestic, or other civil proceedings.
Defining the "Family" of Juvenile and Family Drug Court Participants
One special issue many juvenile courts must address is how to define the child's "family." The immediate "family" of a child may not be nuclear; it may be godparents, step-parents, other relatives, live-in friends of parents, neighbors, or other caretakers. Juvenile drug court programs are therefore finding it necessary to identify an adult figure in the child's life to work with him or her, recognizing that this adult figure may change during the period of the court's jurisdiction. Another family dynamic that must be addressed is the juvenile who either is or becomes a parent during the period of program participation.
Some programs are using peer groups composed of juveniles who are further along in the juvenile drug court process to reinforce positive family influences and overcome negative ones. The dynamics of drug courts, both juvenile and adult, frequently take on the characteristics of an extended family. Drug court programs, while focusing on family issues, also operate with the recognition that some families involved with the program are dysfunctional and, despite the program's best efforts, will not change sufficiently to support the juvenile's needs. Juvenile drug courts, therefore, must equip participants with life and coping skills and, if necessary, strive to find alternative adult role models.
The School System Connection
Most juvenile drug courts make a special effort to develop a close relationship with the schools because it is in everyone's best interest that the children involved in juvenile and family drug courts succeed in school. In a number of jurisdictions, school systems, which previously expelled children arrested for substance offenses, have begun working with the court to keep these children in school. They also have provided support services for the juvenile drug court, such as making available basketball courts after school hours. Jurisdictions are finding that the juvenile drug court benefits the school system in that the rigid supervision elements of the programs can reinforce school policies, and provide an immediate mechanism for addressing school-related problems as they occur. Because a number of juvenile drug court participants are often not in traditional schools at time of program entry, special efforts are also being made to develop relationships with alternative schools as well. Most recent information from juvenile drug courts indicates that more than 80 percent of participants have returned, or remained, in school full-time as a result of program participation--a significantly higher rate than would have been expected if the juvenile drug court had not been established.