The following descriptions provide examples of substance-testing programs in a variety of juvenile justice agencies. Many of these programs are still working to improve their testing protocols and have set goals for changes that will further benefit the youth they serve. A list of contacts for these programs is contained in the "For Further Information" section of this Bulletin.
Juvenile and Family Drug Courts
One evolving strategy for working with substance-abusing youth and their families is the use of juvenile and family drug courts. Although adult drug courts have been in existence longer, the first juvenile drug courts were developed in 1995. A juvenile drug court focuses on delinquency and status offenses that involve substance-abusing juveniles. Youth usually are referred to these courts after adjudication. Family drug courts handle custody, visitation, abuse, neglect, dependency, and other types of cases that involve parental rights and substance abuse issues. These courts provide immediate intervention with youth and family members who use drugs and for children exposed to substance abuse by family members. The courts provide structure and support in the lives of the participants by doing the following (Drug Court Clearinghouse and Technical Assistance Project [DCCTAP], 1998):
- Providing opportunities for youth to be clean and sober.
- Supporting youth in resisting further criminal behavior.
- Encouraging positive school performance and constructive relationships.
- Developing skills for leading productive, substance-free, and law-abiding lives.
Juvenile drug courts are structured to encourage youth to take responsibility for their actions. The courts employ positive rewards and incentives for compliance and negative sanctions for noncompliance. Consistency and predictability are stressed. These courts often have the authority to compel the parents of youth in the program to be involved in their child's rehabilitation. However, judges have found persuasion is often more effective than coercion. Juvenile and family drug courts also stress treating children and families holistically and responding sensitively to issues of cultural diversity (DCCTAP, 1998).
Substance Testing in Juvenile Detention Facilities
The following two programs were initiated in 1993 with the support of the American Correctional Association through an OJJDP-funded project.
Madison County Juvenile Court Services, Jackson, TN. In 1993, Madison County Juvenile Court Services received assistance from an American Correctional Association project to develop a drug-testing program in the juvenile detention center. The facility has 7 secure bedrooms and serves 18 rural counties between Memphis and Nashville.
Youth are tested at the time they are brought to the detention center. The program also conducts random testing of youth in community-based programs. The program routinely tests for marijuana and cocaine. However, youth are tested for a broader spectrum of five drugs approximately four times a year to determine if any new drugs are being used by juveniles in the area. Specimen collection is observed, and tests are performed onsite using a test kit.
When youth in the detention center test positive, professional drug and alcohol assessments are arranged to determine their treatment needs. The juvenile court judge also may use the information to make decisions about the disposition of the case (Dooley, 1994). For youth in the community who test positive, sanctions may be applied by probation officers.
A policies and procedures manual provides detailed steps for the chain of custody of specimens. Consent forms are signed by both the youth and a parent when a youth in a community placement is tested. The program maintains a log of test procedures, has forms that must be completed, and keeps test results for 5 years. The supervisor confirms each test reading. Inconclusive tests are counted as negative, but parents are advised to have the youth tested again.
In this rural area, treatment resources are limited. Referrals are made to one intensive outpatient program. On occasion, youth may be committed to the State to secure the financial resources for needed treatment.
This program has enjoyed the support of staff and the family court judge. The Juvenile Court Services Agency pays for the cost of testing.
Marion County Juvenile Detention Center, Marion, OH. This midsize facility houses 38 youth at a time and serves 2,600 youth each year. All youth who enter the facility are tested during the admission process. Chain-of-custody procedures include labeling specimens at collection, logging all movement of specimens, and storing them in a refrigerator until tested.
Although the program at one time tested for additional substances, it now limits testing to marijuana and cocaine because of funding restraints. All staff are trained to collect specimens during their initial orientation, and testing is done onsite by two staff members specially trained to operate the testing instruments. There is a checklist of procedures for staff to follow.
The testing instrument is calibrated before each use, and tests are processed twice per week. If a specimen is positive, it is examined a second time using the same test. If positive results are obtained, the judge and probation officer are notified, but the detention facility does not impose consequences beyond treatment. Referrals for treatment for juveniles released from the program but under the supervision of the court are made by probation officers. The Juvenile Detention Center pays for testing using agency resources and "Reclaim Ohio" funds.2
Substance Abuse Testing in Probation Programs
The following two programs began in 1993 and were initially supported by the American Probation and Parole Association through an OJJDP-funded project.
Westchester County Probation Department, White Plains, NY. Three juvenile probation units within the county do substance testing. They test youth only after adjudication and when ordered by a judge. Youth are tested twice a month if they are on level I supervision and once a month if they are on level II or III supervision, although youth who are being tested by a treatment program generally are not also tested by probation.3
Specimen collection is observed, and testing is completed onsite in approximately 4 minutes with test kits. Chain-of-custody procedures are followed, results are documented in probation notes, and a log is kept of all test -results. The department tests for marijuana, cocaine, amphetamines, PCP, and morphine. If confirmation tests are requested, the specimen is sent to a laboratory.
Results are used to leverage the youth into treatment and are shared with the youth, parents, and the court, as appropriate. A youth's refusal to attend treatment is considered a violation of probation.
At the time of hiring, staff undergo a lengthy Fundamentals of Probation Practice training course that includes information about substance abuse and testing. Supervisors also train staff in the specific use of the tests. Evaluation includes two case audits for each probation officer each month.
The probation department pays the cost of the test and collaborates with the local mental health agency to have counselors perform substance abuse evaluations before case dispositions.
Third District Juvenile Court, Central Probation, Salt Lake City, UT. All youth on probation in Utah are subject to testing at the discretion of their assigned probation officer. Youth are given a full panel test within 30 days of adjudication, and a thorough social and drug history is taken.
For the most part, specimens are collected and tested onsite using test kits. Some specimens, however, are sent to a laboratory. The substances tested for may include marijuana, amphetamines, cocaine, barbiturates, PCP, and alcohol, but youth are not necessarily checked for each of these every time they are tested.
Specimen collection is observed, and strict chain-of-custody procedures are followed. If a test is positive, it is repeated using either the same or a different onsite test. However, if court action is anticipated, samples are sent to a laboratory for confirmation testing.
Results are used for the following purposes:
- To document a substance abuse problem and compel youth to attend treatment.
- To hold youth accountable. For the first positive result, the probation officer clarifies the rules and places the youth under house arrest; for a second positive result, the youth may be returned to court and possibly detained; continuing positive results may lead to inpatient drug treatment or long-term residential placement.
New probation officers attend two classes on drugs. Then supervisors train them on the program's policies and demonstrate procedures for the tests. Officers maintain logs of testing activities that are reviewed by supervisors monthly.
The department budget contains money for testing, and additional funds are received from offender fines. A local interagency council and a statewide drug and alcohol committee coordinate activities. The judges have been supportive of the program, although a lack of treatment providers is a concern. Some efforts are directed toward compiling uniform statewide rules and procedures.
2. The RECLAIM Ohio (Reasoned and Equitable Community and Local Alternatives to the Incarceration of Minors) program was created in 1993 as a result of the passage of Ohio H.B. 152. It is a funding alternative to institutionalizing youth, and it provides judges with the means to improve services for youthful offenders in their own communities. Counties receive a yearly allocation from the Department of Youth Services for youthful offender treatment. These funds previously were allocated for State-run institutions and other State-funded programs but are pooled now and distributed to each county. With this money available, judges are able to make decisions that are in the best interest of youth and communities. The RECLAIM Ohio initiative was selected in 1996 by the Kennedy School of Government at Harvard University as one of the 25 most innovative programs in government.
3. The levels refer to a classification system that determines probation contact: Level I requires weekly contact with the youth; level II requires twice monthly contact with the youth; and level III requires monthly contact with the youth. Youth generally begin probation supervision at level I and may progress to less frequent contact as their behavior and case situation warrant.
| Developing a Policy for Controlled Substance Testing of Juveniles | JAIBG Bulletin
· May 2000 |