Relates to procedures dealing with juvenile delinquents and persons in need of supervision

Section 2 of the bill would amend FCA . 351.1(5) to establish a mechanism to afford the Family Court discretion to exempt from disclosure certain portions of a predispositional report or memoranda that are not relevant to a proper disposition, sources of information which have been obtained on a promise of confidentiality, or any other portion which it would not be in the interest of justice to disclose. Courts would, however, be required to consider whether the exempted material should he provided to an agency that obtains custody of the minor.

Sections 3 and 4 of the bill would amend FCA § 351.1(6) and FCA § 750(1) to establish a mechanism to allow probation departments to share a copy of a predispositional report and any diagnostic assessment with other interested probation departments who have the responsibility to conduct an investigation or supervise a respondent, or to the Family Court for purposes of adjudication or disposition. Section 4 would also amend FCA § 750(2) to require courts to consider sharing excepted predispositional report material with a custodial agency.

Section 5 of the bill would amend FCA § 779-a to remove an obsolete reference to juvenile delinquents. It also would clarify certain language concerning PINS declarations and the tolling of a period of probation, by establishing that tolling occurs as of the date of filing of a petition.

Section 6 of the bill sets forth the effective date.

Existing law

FCA § 308.1 sets forth the procedural rules governing preliminary procedures in juvenile delinquency cases, including probation adjustment of cases before a juvenile delinquency petition is filed. FCA § 308.1 (9) provides that probation efforts at adjustment may not extend for a period of more than two months without leave of the Family Court, which may extend the period for an additional two months.

FCA §351.1 governs juvenile delinquency probation investigations and assessments.

FCA §750 governs PINS probation investigations and assessments.

FCA §779-a governs declarations of delinquency involving" PINS probationers.

Legislative history

This is a new proposal.

Statement in support

Probation departments have significant responsibilities in the juvenile justice system. They ensure that alleged and adjudicated juvenile delinquents are appropriately screened and assessed for criminogenic risks and needs, and that they receive essential services to reduce those risks, meet those needs and alleviate or minimize their likelihood of engaging in future criminal behavior. In the last several years, the Division of Probation and Correctional Alternatives (DPCA) has promoted the adoption of evidence based practice principles, including prompt diversion of suitable low risk cases (at the first possible opportunity) away from the juvenile justice system.

As a result, and consistent with research on effective practice, probation departments are now concentrating their adjustment efforts on youths who are at moderate to high risk of future recidivism, but are nonetheless suitable for adjustment services. By concentrating probation efforts on these youths at their earliest contact with the juvenile justice system, pressure can be taken off the courts and the placement system while reducing recidivism rates and serving youth within the context of their families and communities. To achieve these goals, probation departments should be afforded greater opportunity and flexibility in their attempts to adjust suitable cases. Present law limits a department's ability to provide diversion services in cases involving juvenile delinquency complaints to an initial two-month period, plus another two months with court permission. These time constraints are unnecessarily limiting and hinder efforts to adjust more cases and/or expedite early release of a juvenile from detention.

First, the probation department's baseline assessment phase averages approximately 30 days for screening, assessment, and initial case planning. Second, referrals for service may take 30 to 60 days to put into effect because of the length of time it may take from the time of a first intake meeting until the youth is seen by a service provider (i.e., mental health, substance abuse and family counseling): Third, evidence-based practice requires time for youth and family engagement, treatment and/or intervention, and an opportunity for the youth to practice and/or demonstrate new skills. This generally requires a minimum of six months. Fourth, where restitution or reparations are part of the adjustment plan, youths need sufficient time to repair the harm caused by their delinquent behavior. Fifth, under the current statute, probation departments need to begin the process of making requests for an extension very shortly after opening the case. This causes the department to spend significant time making these requests and awaiting judicial approval, only to allow for a very limited amount of time to work with youths in need of adjustment services.

Allowing an initial period of up to six months for adjustment services will provide: (1) flexibility for probation departments to take the time that is needed to adjust suitable juvenile delinquency cases; (2) more effective and seamless assessment, case planning and coordination of service delivery; (3) the elimination of needless paperwork; (4) a reduction in the frequency of juvenile delinquency cases being referred for petitions; and (5) savings of judicial resources spent on processing these adjustment requests and/or petitions. Moreover, at an initial appearance after the filing of a petition, greater Family Court flexibility in setting a time frame for the probation department to adjust a case that the court refers back for services should lead to more positive outcomes for youth and their families.

The probation department plays a pivotal role with respect to conducting thorough predispositional investigations involving adjudicated juvenile delinquents and PINS and effectively supervising those who are placed under probation supervision. State law should therefore recognize the importance of allowing departments to have access to past and existing predispositional investigation reports in the event it becomes necessary for the department to conduct a subsequent court-ordered investigation involving the youth, or if the youth is subsequently under supervision of another probation department. As families frequently move to another location, access to past report records and diagnostic assessments may be critical to ensure that meaningful services can be delivered to the youth and his/her family. This bill would permit a probation department to provide this critical information to another probation department for these purposes.

It is also appropriate that similar criteria and parameters exist with respect to access to a part or parts of a juvenile delinquency or PINS probation report or memorandum. This legislation establishes identical criteria for disclosure or confidentiality of these materials.

Lastly, the other technical changes that are proposed will result in consistent language in juvenile delinquency and PINS statutes in order to address confusion created by existing non-conforming statutory provisions.

Budget implications

This bill is unlikely to have any significant State or local fiscal impact. It may result in cost savings by creating efficiencies in the adjustment process and by avoiding the filing of needless juvenile delinquency petitions.

Effective date

This bill would take effect 60 days after it becomes a law.