A Team Based Approach to Tackling Family Conflict

 

How The University of Baltimore’s Truancy Court Program Integrates Unified Family Court Principles Into Its Problem-Solving Team Strategy for Students and Families in Need 

This week marks the beginning of many of my classmates’ placements in CFCC’s Truancy Court Program (TCP). Unlike several of my colleagues, I’m new to the TCP this year and have not yet had the benefit of seeing this program in action. However, as I learn more about the TCP’s team-oriented design, I can’t help but notice how closely this parallels the style adopted by Unified Family Courts.

The TCP takes a holistic approach to family problem-solving, much like a Unified Family Court system. Like Unified Family Courts, the TCP focuses not only on the legal problems a family faces but also on the underlying causes of those problems. A TCP team consists of a qualified and dedicated group of individuals from varying backgrounds who work closely with the TCP families, helping them achieve ALL of their goals (not just the legal ones). A TCP team typically consists of:

• District or Circuit Court Judge or Master 
• Law Student 
• Social Worker 
• School Principal or Administrator 
• TCP Coordinator 
• TCP Mentor 
• Teacher 
• Family Members 

This list is by no means exhaustive. Similar to a Unified Family Court, the TCP team provides the individualized attention to connect families with necessary resources. This is in sharp contrast to traditional court settings, where underlying family problems are seldom addressed.

On a more personal level, I am, by no means, a stranger to many of the challenges that our local families face. Like many of the students who participate in the TCP, I was the child of a single mom, whose resources were stretched far beyond their limits. The reality of life for us was deciding which utility would be paid and which would be cut off, or how we would put food on the table each night. I truly empathize with the needs of many Baltimore families but also understand that a family’s needs today have become even more complex than those of my childhood. Reflecting back on my own experiences reminds me of the truly life-changing “network” of people that helped my family to become what it is today. The opportunity to share that experience with another family is rewarding, to say the least.

Today’s modern parent often has a lot to contend with: childcare, transportation, behavior issues, mental health, substance abuse, financial struggles, and homelessness, to name a few. The team-based method used in Unified Family Courts and in CFCC’s TCP is an efficient mechanism for addressing those interwoven issues. It’s this team-based holistic approach to the TCP that I am most excited about as we begin a new semester. We have the opportunity to be a part of something that can be a life-changing experience for students and their families and I’m thrilled to see what the semester brings.

How do you think a team-based approach to problem-solving may help or hinder our TCP families? I’d love to read what you think below.

Maryland’s Juvenile Justice System: Year in Review

CFCC’s 2012 Urban Child Symposium (UCS), entitled "The Urban Child in the Juvenile Justice System: The Beginning or the End?," focused on the  juvenile justice system.  Symposium panelists identified several priorities for juvenile justice system reform (more information is in the Unified Family Court Connection Winter 2013 Issue, which featured articles from several UCS presenters):

• Direct juveniles toward community and family-based treatment rather than incarceration;
• Address racial and ethnic disparities on a system-wide basis;
• Abandon laws that require or allow juveniles to be tried as adults; and
• Include all stakeholders in reform efforts.

In the past year, the juvenile justice system has received significant local and national media attention for improvements in policy and practice: 

• A Baltimore Sun op-ed praised the Maryland Department of Juvenile Services (DJS), under Secretary Sam Abed’s leadership, for making progress in diverting youth from confinement, decreasing overcrowding, and providing more community-based, evidence-supported alternatives to detention for youth offenders.  The Sun op-ed, based on a report by the independent Juvenile Justice Montoring Unit, announced that conditions and safety in Maryland’s youth detention centers have improved, with reported decreases in violence, injuries, group disturbances, and use of restraints.  
•  Longstanding plans to build a $100 million, 180-bed jail for juveniles charged as adults were scrapped, with $70 million allocated instead to renovate smaller facilities and build a desperately needed new treatment center.   A promising part of this plan includes placing youth who have been charged as adults but are eligible for waiver into the juvenile system in special juvenile pre-adjudication facilities.
• Mandatory sentences of Life Without Parole for juveniles, including for murder, have been abolished by the Supreme Court (see Bernadine Dohrn’s  article in the UFC Connection at page 5).
• An  Annie E. Casey Foundation national report  concluded that significant gains have been made in the last decade in reducing the youth prison population while also improving public safety, with Maryland showing some of the greatest improvements.  

These changes represent a sea-change from the highly punitive and largely ineffective practices of the 1990s toward evidence-based and holistic reforms that focus on alternatives to detention and improved outcomes for youth.  Capitalizing on the progress made in the past decade, the juvenile justice system should consider the following reforms, among others:

• Increase the availability of treatment programs and community and home-based alternatives to detention.  According to the Juvenile Justice Monitoring Unit report, hundreds of youth were held in detention centers for more than two months (with one youth waiting 217 days) last year while awaiting placement in treatment or other community-based programs .  DJS has already made significant progress in this area – the Baltimore City Juvenile Detention Center showed a 36 percent reduction in the number of youth who waited over two months for placement in a treatment program.  There is still room for improvement, given the risks of high-security detention for non-violent and low-risk youth.
• Improve conditions and expand availability of alternatives to detention for girls.  Programs and services for girls, who are generally low-risk and high-need, lag well behind those for boys.  Very few alternatives to detention in Maryland accept girls, and there is a dearth of programs and services available in the all-girls treatment facility (the Carter Center) and the detention facility (the Waxter Center), where numbers have remained nearly the same as last year.  The staff at Carter has been trained in the Attachment, Self-Regulation and Competency (ARC) model of trauma-informed care, a practice which should be continued and expanded to address other gender-specific needs of girls throughout the juvenile justice system.  DJS and its partners should continue working to bring the progress seen for boys to girls in the system and should consider racial, ethnic, and sexual orientation sub-populations to ensure that progress is equally helping meet their needs.
• Schools, social services, the courts, the police, DJS, and community-based resources should adopt promising practices to prevent youth involvement in the justice system and to end the “school-to-prison pipeline” or, more comprehensively, the cradle-to-prison pipeline.  Youth should have access to programs and services before they end up in the juvenile justice system. 

Policymakers and advocates must continue to work together to ensure that recent progress represents a new beginning, and not the end, of our efforts to improve outcomes for our youth.

Sneak Peak of CFCC’s Full Court Press – Issue IV

CFCC will soon release its e-newsletter, Full Court Press, which reports on family justice system reform around the country. Here is a sneak preview from an article about a national task force on childhood trauma:

National Task Force Calls Childhood Exposure to Violence a National Crisis

Calling for a massive overhaul of the nation's approach to exposure to violence, the Attorney General's National Task Force on Children Exposed to Violence has issued what United States Attorney General Eric H. Holder, Jr. describes as "a wake-up call and warning bell for all of us."

The Task Force held four public hearings (Baltimore, Albuquerque, Miami, and Detroit) and three "listening sessions" (Anchorage, Oakland, and Joint Base Lewis-McChord outside Tacoma, Washington) during which members heard personal testimony from survivors of violence, young people, social service providers, medical personnel, researchers, and advocates, among others.

The Task Force's report, "Defending Childhood: Protect, Health, Thrive," finds that exposure to violence is a national crisis that affects approximately two out of every three children in the U.S. The task force, co-chaired by Robert Listenbee, Jr., Chief of the Juvenile Unit of the Defender Association of Philadelphia, and Joe Torre, Chairman of the Joe Torre Safe at Home Foundation and Major League Baseball's Executive Vice President for Baseball Operation, makes 56 recommendations divided into six areas: ending the epidemic of children exposed to violence, identifying children exposed to violence, treatment and healing of exposure to violence, creating safe and nurturing homes, community involvement, and "rethinking our juvenile justice system."

The Task Force notes that by the time children come into contact with the juvenile justice system, they have almost always been exposed to several types of traumatic violence over a period of many years. For example, the Task Force cites a study conducted at a juvenile detention center in Cook County, Illinois, where 90 percent of the youth reported past exposure to traumatic violence. This included being threatened with weapons (58 percent) and being physically assaulted (35 percent). According to an article last year by Julian D. Ford, John Chapman, Daniel F. Connor and Keith R. Cruise, “Complex Trauma and Aggression in Secure Juvenile Justice settings,” youth in detention were three times as likely as those in a national sample to have been exposed to multiple types of violence and traumatic events. 

Sign up for CFCC’s e-newsletters or check back on CFCC’s website to view the entire article. Other articles in this issue report on advances made by CFCC's Truancy Court Program; a look into CFCC's recent Urban Child Symposium, "A Holistic Approach to the Urban Child's Trauma: From the Eyes of the Beholder;" and a landmark report by the Maryland Administrative Office of the Courts (AOC) Access to Justice Commission, which finds that civil legal services significantly boost the state's economy.

The Inner City Family Structure and its Impact on Child Development

Many parents face an uphill battle in raising their children to succeed because their families and role models – their parents, friends, celebrity influences, and so on – do not adequately prepare them for this responsibility. Consequently, parents foster the development of unhealthy behaviors in their children that negatively affect nutrition, social support, and emotional and intellectual development. For example, parental drug abuse and addiction can result in a chaotic and unpredictable home environment in which a child is abused or neglected.

Growing up in Baltimore, I saw firsthand many young children and teens assembling in the late night and early morning hours with their older siblings, friends, and neighbors as they engaged in smoking, drinking, and extreme profanity. Even more disturbing were the values and upbringing that they received from their young parents. For example, many children in my neighborhood grew up on the greasy cheese steaks, french fries, and chicken boxes available at the local corner store. Their parents mostly ignored them while they entertained their own friends, sold or used drugs, engaged in promiscuous behavior, and used profane language. I even saw these same young parents introduce their children to illegal drugs, finding it “fun and cool” to watch their young children act out. Did they realize that early exposure to harmful substances could lead to lasting physical and mental disorders in their children?

This parenting environment, combined with the stress, the widespread abuse of drugs and alcohol at a young age, and the constant exposure to violence that too often define urban life, can result in a lack of emotional maturity and intellectual development in children and teens. This emotional and intellectual stagnation impairs their ability to succeed in school and afterwards. They do not develop the emotional reserves needed to overcome adversity. Ultimately, when these children become parents, often at a young age themselves, the cycle is repeated – a new generation of parents who lack the skills, the emotional capacity, and the stability to provide a healthy environment and stable home for their children.

The time has come when we, as a community, must break this cycle of “fun and cool” activities and promote education, healthy habits, consistency, and stability. Young children and the children of young children must learn about the importance of honesty, respect, sacrifice, and commitment. Most important, they will then be prepared to provide positive guidance, leadership, and love to the next generation.

Reflecting on the CFCC Student Fellows Program

2012-2013 CFCC Student Fellows pose for a picture
after their final class.

With the end of the Fall semester at the University of Baltimore School of Law, we at CFCC would like to thank the CFCC Student Fellows for their superb contributions to class discussions, CFCC projects, and the CFCC blog.  Their blog posts on issues such as bullying, homelessness, mental health courts, and truancy asked important questions and highlighted areas where reform efforts are still very much needed.   The CFCC Student Fellows also served as important contributors to CFCC's Truancy Court Program (TCP), the experiential component of the Student Fellows Program.  Many participated as TCP team members, while others developed a curriculum for a school faculty presentation on attendance issues in the Baltimore City Public Schools.  Throughout the semester, all Student Fellows consistently demonstrated a clear understanding of how to apply and implement therapeutic jurisprudence, the ecology of human development, and a problem-solving approach to the practice of law.

One of the most rewarding aspects of teaching at an urban university with the history and quality of the University of Baltimore is the diverse backgrounds of our students. We have benefited from the insights of former teachers, a legislative auditor, an Air Force Officer, and more. You can review brief biographies of our Student Fellows here.   The Student Fellows also have proved repeatedly how deeply committed they are to CFCC’s mission to help families and children in the justice system.  We look forward to continuing to work with the eight Student Fellows who are returning next semester to participate in the CFCC Student Fellows Program II.

Addressing Truancy in High Schools: Modifying Early Intervention Models

The Center for Children, Families, and the Courts (CFCC) Truancy Court Program  (TCP) uses early intervention to address the problems that underlie truancy. Each week, TCP staff meet with students who are “soft” truants, having between five to twenty unexcused absences in a semester. The goal of the program is to prevent truancy and promote values, such as education, discipline and respect. By instilling these values, TCP staff hope to prevent students from leading a life of delinquency, crime, and violence. Thus far, the TCP has been successful as an early intervention program, particularly in elementary and middle schools. In the Fall 2011 session, the TCP saw an average reduction in unexcused absences of 71%.  The question remains, however, whether an early intervention model, such as the TCP, can achieve similar success in high schools.

This year, the TCP participates in three high schools.  One of these high schools is Patterson High School.  Patterson and TCP staff face a number of challenges as they seek to prevent truancy.  These challenges are not unique to Patterson but occur in countless Baltimore City public high schools.  Of those Patterson students participating in the TCP, many are ninth grade repeaters, who struggle with paying attention in the classroom, and who have more than twenty absences in a semester.  Like many Baltimore City students, they also cope with issues of violence, drugs, and poverty on a daily basis. It is undeniable that some intervention is needed to assist these students.  The disputed issue is exactly what kind. 

Many argue that high school students no longer benefit from the skills and techniques used in early invention programs. Some techniques used by the TCP include: providing students with resources, such as alarm clocks, organizers, or bus passes; completing character building exercises where students are encouraged to have a positive attitude; and engaging in discussions on basic life skills, such as organization and time management.  By high school, however, students often develop a serious history and pattern of truancy.  In addition, many suffer from behavior problems and lack respect for authority figures.   These are problems that go beyond what can be addressed in weekly TCP meetings.    

Early invention models may not be the answer to preventing truant behavior in high school students.  That said, the TCP is the only program of its kind in the Baltimore City Public Schools. As the TCP already has a long-standing history of preventing truancy and because TCP staff continuously study this issue, the best solution may be to modify the program to meet the needs of high school students.

One way to modify the program is to decrease the number of program participants in a given high school.  Often ten students from a school are selected to participate in the TCP.  By offering the program to fewer students, TCP staff can devote more time and attention to students’ needs.  Although the TCP may not impact as many students, it may influence those students with greater issues and those more likely to engage in delinquency, violence, or criminal behavior in the future.  Another option is to provide students with rigorous mentorship opportunities, where mentors take the time to speak with students regarding their academics, friends, home life, and problems.  The TCP meets weekly with ten students for one hour.  Thus, students are not given a great deal of one-on-one attention.  Mentors can visit students in school, commit to monthly outings, and communicate with students by phone on a weekly basis.  The TCP also must develop a plan of action to address substance abuse issues.  A majority of high school students are  substance abusers.  Bringing in substance abuse counselors, or perhaps former drug dealers or users, during TCP sessions may benefit students greatly.  Finally, active parent involvement should be required for high school students to participate in the TCP.  Although parents are required to sign a permission slip and consent to their child’s participation, it is equally important that parents attend at least one TCP session.  It is important that parents reinforce the values and skills taught during the program.  Without parental involvement, students could easily attend the TCP with little to no improvement.  Students must know their parents are also committed to their academic success. 

Baltimore City Public Schools face an up-hill battle in the challenge to educate high school students.   Many high school students have developed negative behaviors that are very difficult to break.  Currently, Baltimore City Public Schools are not equipped to deal with some of the profound and complex issues students face.  It would be a disservice to our children, however, not to at least try. Communities, parents, grandparents, churches, and other organizations must work together to combat this challenge.  Moreover, early invention programs, such as the TCP, must use their knowledge about truancy and the behaviors that underlie it to help save our youth. 

           

Therapeutic Jurisprudence and Problem-Solving Courts: From a Maryland Perspective

Through the CFCC Student Fellows Program, I was afforded the opportunity to learn how the integration of therapeutic jurisprudence, the ecology of human development, and problem-solving courts work together to impact children and their families. Problem-solving courts attempt to address the underlying problem that is responsible for the immediate dispute and to help the individuals before the court to effectively deal with the dispute in ways that will prevent reoccurrence with court involvement. Problem-solving courts use principles of therapeutic jurisprudence to enhance their functioning, which translates to rehabilitating the offender and the transformational use of the legal process (role of judge, multidisciplinary involvement, close monitoring of the offender). These problem-solving courts typically deal with individuals who need social, mental health, or substance abuse services. By utilizing the therapeutic jurisprudence approach in problem-solving courts, an offender’s likelihood of recidivating significantly declines due to the court system’s approach of interacting with the offender in a non-punitive manner.

There are various types of problem-solving courts that have been implemented in the United States. In Maryland, we have several types of these courts, including: drug courts (adult, juvenile, and family), mental health courts, and truancy reduction courts. ¹ The drug courts in Maryland typically entail a court team working together in a non-adversarial setting with a goal of restoring the defendant as a productive member of society. ² According to the National Drug Court Resource Center, the average graduation rate for the programs is 53%. ³ In addition, those who participated in the juvenile drug treatment court programs had lower recidivism rates (53%) and lower numbers of new arrests 18 months (70%) after completion of the program compared to those who did not participate in the program. ⁴ In Maryland’s mental health courts, participants are identified through mental health screening and mental health assessments, and they voluntarily participate in a treatment plan developed by a team comprised of court staff and mental health professionals. According to data collected by The Institute for Governmental Service and Research (IGSR), University of Maryland-College Park, for the Baltimore City mental health court participants, the most severe arrest charge is assault (32%), with drug related charges (19%) following right behind. ⁵

Lastly, the truancy reduction courts in Maryland were created to improve school attendance and the offenders’ views of education by establishing a bond among the family, school, and juvenile master or judge. According to a national May 2012 report, "The Importance of Being in School: A Report on Absenteeism in the Nation's Public Schools,” 10% to15% of students in the United States are chronically absent from school. This translates to least 5 to 7.5 million students missing at least 10% of the school year.⁶Such startling statistics are the reason why the Maryland judiciary has implemented several truancy reduction courts. Apart from the Maryland judiciary, other truancy court programs, such as the Center for Children, Families, and the Courts school-based Truancy Court Program (TCP), have been implemented in order to attack this problem. During the 2011- 2012 school year, there was a 71% average reduction in unexecused absences for Baltimore City TCP participants in Fall 2011.

I hope the Maryland judiciary continues the trend to utilize problem-solving courts, as these courts are effective at resolving underlying issues to prevent offenders from recidivating.

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1 Maryland Judiciary Office of Problem Solving Courts, http://www.courts.state.md.us/opsc/index.html^↩
2 Office of Problem Solving Courts Drug Treatment Courts,http://www.courts.state.md.us/opsc/dtc/index.html^↩
3 Maryland Problem-Solving Courts Evaluation, Phase III Integration of Results from Process, Outcome, and Cost Studies Conducted 2007-2009, http://www.ndcrc.org/sites/default/files/maryland_phase_iii_integrated_final_report_1209.pdf^↩
4 Id.^↩
5 Process Evaluation of Baltimore Coty Mental Health Court, http://www.courts.state.md.us/opsc/mhc/pdfs/evalutations/bcmhcprocessevaluation3-11-10.pdf.^↩
6 New Report on Absenteeism: Millions of Students Are Missing At Least 10% of School Year, http://library.constantcontact.com/download/get/file/1102919617272-138/Report+on+Absenteeism-draft.pdf.^↩