Juvenile correction: Ask, don't tell

Society's approach to crime continues to evolve. We first progressed from executions and corporal punishment to incarceration, then recently, to considering the causes of criminal behaviors. Deterrence and consequence are not enough; statistical data continue to show that addressing the whole person - the mind - results in lower rates of recidivism.

In other words, mental health is an element of criminal behavior; acknowledging it benefits society as a whole. When the "criminal" is a child, benefit becomes ethical duty, reaching beyond the motivation to save Idaho's five northern counties up to $200,000 per year for a child under civil commitment. Juvenile crime often involves kids who may be neglected or abused and are scared, angry, lonely, and feel happiness is out of reach. The traditional justice system is too restricted, even myopic, to target their needs.

So Kootenai County Judge John Mitchell started the juvenile mental health docket. Not to be deterred by funding shortfalls when the economy went south, Judge Mitchell, who also runs the adult Mental Health Drug Court, and his team began the program in February. They do it along with their regular duties, without the dedicated staff the adult program enjoys.

"I would see monthly a juvenile in court who's committed a felony. I could have him in my adult court someday, but it would be nice to intercept that. That's why we started the juvenile mental health docket," said Mitchell.

The program is flexible but generally targets teenagers on probation for nonviolent, non-sexual crimes such as drug/alcohol/tobacco abuse, runaways, and truancy. The program is modeled after Juvenile Mental Health Court in Idaho Falls, which Mitchell visited a few years ago with officials from probation and Health and Welfare. Very impressed with the "wraparound model" used there, the team sought and gained conceptual approval from commissioners to begin a similar court in Kootenai.

While the full court program could not be implemented after budgets got tighter, Mitchell runs a juvenile mental health docket on Thursdays. Currently 7 to 8 kids are on the weekly docket. He hopes that number will double.

What sets this apart from the traditional approach? In a way, a hug. The wraparound approach was developed in the late 1990s by Mary Grealish, M.Ed., to reform children's mental health services which she describes as too restrictive, insensitive, inefficiently organized and poorly targeted to those in need. This involves not only judges, probation, social services, but the child's family, teachers, and whoever the child may look up to. A strategic plan and weekly meetings acknowledge the child's and family's strengths (praising what's right, not just criticizing what's wrong), identify needs, and (going beyond choices and behaviors) address relationships, safe living environments, school, work, and medical, mental, and even spiritual health.

Wraparound addresses a life, not just a crime.

"Plus it's the right thing to do," adds Mitchell.

Judge Mitchell says encouragement and choice are the key motivators; this is not a forced program. Kids and parents can come in, leave, bounce back to the program. That's especially empowering to kids who feel everyone else is "all over them" and everything is forced, which courts have seen work less effectively than choice. Of course the choice may feel a bit forced, as the alternative in regular court is often incarceration; nevertheless even posing the question is a step.

"The concepts of asking rather than telling; empowering, motivating them to do what you ask by incentives, and a strength based program... have also had impact into what we do in the adult Mental Health Court and it has made me a more effective judge in my day-to-day job," Mitchell said. "It gives me more options on how to deal with people who are having profound problems."

Unlike in adult mental health court, a diagnosed mental illness is not a requirement. Many of these kids have substance abuse problems and are thus tested regularly. Any positive result (drugs or otherwise) nets strong praise in open court. Even small rewards like a candy bar have been effective incentives. Some of these kids simply aren't used to praise and positive feedback; improving self-image can be a surprisingly successful crime deterrent for any age. A little success goes a long way.

May is Mental Health Awareness Month. For more information on the wraparound model see Wraparoundsolutions.com.

Sholeh Patrick, J. D. is a columnist for the Hagadone News Network. Email [email protected].