Order dated April 24, 2001 re: Standards for the Administration of Juvenile Justice

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Official Court Seal

Supreme Court of Missouri
en banc

April 24, 2001

ORDER

1.  The attached Standards for the Administration of Juvenile Justice are hereby approved for distribution. This Court encourages all Missouri trial courts to review these standards.

2.  The office of state courts administrator shall distribute a copy of this order and the attachment to each presiding circuit judge, each juvenile officer, and such other persons as may be appropriate.

Day - to - Day

____________________________________
WILLIAM RAY PRICE, JR.
Chief Justice
STANDARDS FOR THE ADMINISTRATION OF JUVENILE JUSTICE
OVERVIEW
These standards apply to the juvenile "courts" in Missouri as defined in Rule 110.05.  Thus, they are applicable to the juvenile office as a whole and the services it provides, not just the formal processing of cases in the courtroom.
To avoid redundancy, the standards do not reiterate what is already established in policies, rules, and procedures set forth in Missouri statutes and this Court's rules. When appropriate, the standards include references to the statutes and rules in order to help ensure compliance and make juvenile justice staff more aware of the relationship of these to the performance standards.

I. ACCESS TO JUVENILE JUSTICE SERVICES
Every effort should be made to create opportunities for effective and meaningful participation in the justice process without undue inconvenience or hardship.
A.  Availability of Services
A means through which designated personnel may be contacted seven days a week, 24 hours a day should be established.
B.  Equal Access
1.  Disabled persons should be provided access to parking, facility entrances, offices, waiting rooms, interview areas, and other areas in which juvenile office business is conducted.
2.  Interpreters should be made available for persons who are hard of hearing, speech-impaired, visually impaired, whose primary language is other than English, and those who are unable to read.
C.  Courtesy, Respect, and Sensitivity
Personnel should be courteous and responsive to the public and afford respect to all with whom they come in contact.  Sensitivity should be demonstrated towards all persons from different cultures, ethnic groups, and alternative lifestyles.
Performance indicators
§ Users perceive the juvenile office as accessible and culturally sensitive.
§ Satisfactory level of participation by participants (witnesses, victims).
§ Staff perceives juvenile office as accessible and culturally sensitive.
§ Low number of complaints received by the juvenile office related to inaccessibility and cultural insensitivity.
Potential measurement methods
§ Systematic observations using trained observers.
§ Surveys of users and staff.
§ Record reviews (documenting level of participation).
§ Focus groups of users and staff.
§ Structured interviews with users and staff.
§ Review of written and verbal complaints received.
The juvenile office is a public institution, designed to dispense justice and provide services to the children and families that appear before it.  Accessibility is vital to public trust and confidence.  When the juvenile justice system is accessible, victims, witnesses, and families required to participate in it are more willing to take an active role.  Juvenile justice proceedings seem less remote and confusing to the public.  This standard also seeks to ensure that there are effective avenues of participation for persons of every race, color, and creed, who are disabled, and with alternative lifestyles.
Because Missouri juvenile justice agencies must operate under certain perimeters as a result of Missouri statutes and this Court's rules governing confidentiality, some official proceedings are still of a non-public nature.

II.  INDEPENDENCE AND INTEGRITY
Institutional independence and integrity are of paramount importance. Juvenile justice professionals should be free from undue influence from other components of government or other entities.
Juvenile office recommendations should be based on legally relevant factors. Individual attention should be given to each case.
Personnel are responsible for monitoring and enforcing court dispositions and orders.
Clarity is a prerequisite for both compliance and enforcement.  All documents prepared by the juvenile office should be clearly worded and easily understood, especially by the juvenile and family.
Performance indicators
§ Effective enforcement of orders.
§ Perception of the fairness of recommendations by users.
§ Consistency in decisions across like cases.
Potential measurement methods
§ Surveys of users and staff.
§ Record reviews (reflecting court order follow-through).
§ Record reviews (reflecting case outcomes).
§ Focus groups with users and staff.
§ Structured interviews with users and staff.
With this standard, a clear and unequivocal statement is made regarding responsibility for decisions and actions.  This standard reflects the ideal of justice in two ways: through making a statement in regard to independence from undue influence, and by affirming that legally relevant factors shall serve as the basis for recommendations made.  It further emphasizes the importance of issuing decisions that are enforceable and ensuring that orders are enforced.

III.  TIMELINESS AND RESPONSIVENESS
Policies should be in place to ensure that case processing and other juvenile office practices are conducted in a timely manner.  Time standards encouraging efficiency and responsiveness should be established and monitored.
A.  Referrals* Those terms marked with an asterisk are terms defined in the glossary. from other Courts and Requests for Courtesy Supervision
Upon receipt, requests for court services from other courts should be date-stamped “received” and responded to within five business days of receipt.
B.  Requests for Information or Services
Requests for information from other agencies, families, and members of the public will be responded to in a timely manner.
C. Timely Enforcement of Court Orders
All court orders issued should be monitored for compliance.  Any court-ordered condition not complied with in the established time frame or at the time of case closing should be reported to the court promptly.
Performance indicators
§ Efficient case processing.
§ Reduced case backlog.
§ Users perceive actions as timely and responsive.
Potential measurement methods
§ Surveys of users and staff.
§ Focus groups with users and staff.
§ Structured interviews with users and staff.
§ Review of case files.
This standard reflects a commitment to good business practices.  More importantly, it reflects a commitment to public safety, fairness, and due process.  Delays can have serious ramifications for the juveniles and families that are served, for victims, and for the general community.

IV. RECORDS
A.  Juvenile File
For each juvenile referred to the juvenile office, accurate, complete, and up-to-date records should be kept.  The information should be both relevant and necessary to a proper purpose.  Reasonable safeguards should be established to protect against the misuse, misinterpretation, and improper dissemination of file information.
B.  Maintenance of Records
Juvenile records are generally confidential.  Access to and destruction of juvenile records is controlled by section 211.321, RSMo.
Performance indicators
§ File information is reliable, accurate, and relevant.
Potential measurement methods
§ Review of case files.
§ Surveys of file users.
A standard describing proper procedure for maintaining records underscores the importance of documenting juvenile justice processes.

V. VICTIM RIGHTS
Victims should be treated respectfully and recognized as persons with legitimate interests in the justice process.  The court should strive to obtain a balance among the needs of the victim, the community, and the juvenile offender so as to enhance public safety and accountability of the offender to the victim and the community.
Victims should be informed about the case involving the offense by which they were harmed.  An opportunity for the victim’s concerns to be expressed should be provided.
Requests for information regarding hearings, dispositions, or other case-handling information should be referred to the appropriate staff for response.  The designated staff should respond to all victim contacts within three business days from the time the request is made or as otherwise provided by statute.
Performance indicators
§ Satisfactory level of victim participation in juvenile justice processes.
§ Victim advocates perceive juvenile office staff as respectful towards victims’ rights and responsive to victims.
§ Victims perceive juvenile office staff as respectful of their rights and responsive.
Potential measurement methods
§ Systematic observations using trained observers.
§ Surveys of victims and victim advocates.
§ Record reviews regarding victim participation.
§ Focus groups with victims and victim advocates.
§ Structured interviews with victim advocates.
§ Number of contacts made with victims.
§ Number of contacts responded to by victims.
The victim rights standard addresses the role of the victim in the juvenile justice process and reflects themes of restorative justice.  This standard explicitly recognizes that the victim has an important role in the justice process and a stake in its outcomes.  It ensures that victims are not marginalized and their input is valued and can help inform recommendations.

VI. DELINQUENCY CASE PROCESSING
Court referral and intake services should be available seven days a week, twenty-four hours a day.
A.  Legal Sufficiency
Upon receipt of a referral, it shall be date-stamped “received.”  If information is given verbally, it shall be reduced to writing as soon as possible.
The intake officer should make an initial and prompt determination of whether the referral is legally sufficient for the filing of a petition on the basis of contents of the referral and intake investigation.  In this regard, the officer should determine whether:
1.  The facts as alleged are legally sufficient to establish the court's jurisdiction over the juvenile;
2.  There is a clear statement of the offense(s), violations(s), or act(s) alleged;
3.  There is competent and credible evidence sufficient to support the filing of a petition; and
4.  That all offenses, violations, or acts arising out of one referral are included in one petition.
If the legal sufficiency of the referral is unclear, the officer should:
1.  Cause or initiate further investigation; or
2.  Consult with legal counsel.
If the officer determines that the facts, offenses, or acts as alleged are not sufficient to establish the court’s jurisdiction, the officer should dismiss/reject the referral or, where appropriate, forward the referral to the appropriate authority.
The intake disposition of the referral should be made within 30 calendar days from the “date” stamped received.
B.  Notice to Parties
Every effort should be made to ensure that all parties are provided with timely notice of proceedings.
Notice of informal adjustment shall be given to parties as required by Rule 113.02.
Summons and service of petitions and other pleadings shall be given to parties as required by Rules 115.01 to 115.04.
C.  Informal Case Processing
The Missouri Juvenile Offender Risk & Needs Assessment Classification System should be referenced and used as a guideline for arriving at the decision to dispose of a referral through the informal process.
1.  Upon a decision to make an informal adjustment, the rules that govern the informal adjustment process (Rules 113.01 to 113.04) shall be strictly followed.  
2.  The informal adjustment disposition should be made on or within 30 calendar days from receipt of the referral.
3.  During the informal adjustment conference and after the allegations are found sufficient, the officer shall conduct a risk assessment and classification of the juvenile.  Section 211.141, RSMo.
As a result of the informal adjustment and classification of the juvenile, the officer should determine what disposition is in the best interest of the juvenile and community.
  A needs assessment may be completed on a juvenile during the informal adjustment conference at the officer’s discretion.
Within five business days of determining a disposition, the disposition, results of the risk assessment (and needs assessment, if completed), and the sanctions and services utilized shall be reported to the court and the office of state courts administrator using a standardized form.  Sections 211.141 and 211.327, RSMo.
A juvenile officer or the juvenile officer’s designee should conduct the informal adjustment conference.  The juvenile officer or designee has authority to provide for any disposition available.  Any services available to the court should be available at the informal adjustment conference.
An agreement should be signed signifying the juvenile and custodians accept the terms of the informal adjustment.  This agreement should be maintained in the juvenile’s file, and a copy of the agreement should be provided to the juvenile and custodians upon signing.


D.  Formal Case Processing
The Missouri Juvenile Offender Risk & Needs Assessment Classification System should be referenced and used as a guideline for arriving at the decision to dispose of a referral through the formal process.
Upon a decision to file a petition, the rules that govern formal case processing (Rules 114.01 to 114.03) should be strictly followed.
During formal case processing, the officer shall conduct a risk assessment and classification of the juvenile.  Section 211.141, RSMo.
A needs assessment should be administered.  Section 211.141, RSMo.
Within five business days of the court entering a disposition, the disposition, results of the risk assessment, needs assessment, and the sanctions and services utilized shall be reported to the court and the office of state courts administrator using a standardized form.  Sections 211.141 and 211.327, RSMo.
Performance indicators
§ Consistent case recommendations across like cases.
§ Efficient use of services.
§ Identified areas of service needs are met.
Potential measurement methods
§ Review and comparison of case recommendations across like cases.
§ Surveys of service providers regarding appropriateness of referrals.
§ Review of case outcomes across like cases.
§ Surveys/structured interviews with juveniles and parents/guardians.
The delinquency case processing standard is a multi-stage standard that offers a best practice model for processing cases, from the point at which a referral is received until a case is closed.  This standard was created to foster consistency in case-handling practices, to ensure that these practices are just and equitable, and that actions are timely.
Use of a case classification system is included in this standard to provide a rational, objective basis for decisions.  The case classification system is designed to balance the needs and rights of the youth with public safety concerns.

VII. DISPOSITIONS
A.  Supervision* Procedures
1.  Duration
Informal adjustment with supervision – Informal adjustment with supervision cannot exceed a period of six months, unless extended by court order. Informal adjustment may not continue beyond a period of one year.  Rule 113.04.
Court Adjudication/Supervision – The duration of formal supervision should be based on the juvenile’s risk and needs levels and adjustment under supervision.
2.  Contact Standards
Written guidelines should be in place pertaining to the frequency and nature of contacts that should be made with the juvenile during the period of supervision.  These guidelines should take into account public safety and be based upon the Missouri risk scale and the severity of the presenting offense.  Contact standards should be graduated and may increase or decrease during the period of supervision.  The decision to adjust the level should be based on receipt of new referrals, violations of supervision, compliance with treatment services, and risk level changes.
Recommended minimums for contact standards are provided below.
a.  Informal Adjustment with Supervision - Informal adjustment may or may not include supervision.  Informal adjustment with supervision should include a minimum of one face-to-face contact per month with the juvenile or custodian for the duration of the informal adjustment period.
b.  Formal Supervision - The amount and type of contact should correspond to the supervision level.
i.  High level supervision should include a minimum of four face-to-face contacts monthly with the juvenile at the juvenile office, juvenile’s home, school, or other community setting, one of which includes a parent or custodian, supplemented by collateral contacts* as needed.
ii.  Moderate-level supervision should include a minimum of two face-to-face contacts monthly with the juvenile at the juvenile office, juvenile’s home, school, or other community setting, one of which includes a parent or custodian, supplemented by collateral contacts as needed.
iii.  Minimum-level supervision should include a minimum of one face-to-face contact monthly with the juvenile, which should include a parent or custodian, supplemented by collateral contacts as needed.
c.  Treatment Contacts - Written guidelines should be in place pertaining to the frequency and nature of contacts that should be made with the juvenile’s treatment providers during the period of supervision.
B.  Case Monitoring
All sanctions, services, and dispositions should be monitored in all cases to ensure compliance.
1.  Progress Reports 
The juvenile officer should complete progress reports at least every three months.  Progress reports should address compliance with conditions of supervision, services received, new referrals to the court, and changes in risk level.
The progress report should be submitted to the court for formal cases and maintained in the juvenile’s file for all cases.  Notification of progress or lack of it should be provided to the juvenile and parent or guardian.
2.  Documentation of Results
The results of monitoring and outcomes should be documented when the case is terminated.  This documentation should be maintained in the juvenile’s file.
C.  Case Closing
1.  Informal Adjustment  
Informal adjustment should be terminated as required by Rule 113.04. Written notification should be provided to the juvenile and family and to the court of the termination of informal adjustment.
2.  Court Supervision 
Formal supervision should be terminated as required by Rule 119.09.  Upon termination, written notification should be provided to the juvenile and family.
3.  Exit Interview
For both formal and informal cases, an exit interview should be conducted with the juvenile and juvenile’s parent or guardian to:
a.  Notify them of the recommendation to discharge;
b.  Review services provided; and
c.  Receive comments and recommendations.
A copy of the results of the exit interview should be placed in the juvenile’s file.
D.  Offense and Gender-Specific Services
Offense and gender-specific services or programs should be utilized.  Examples of such programs include shoplifting, substance abuse, arson, and sex offender programs. The juvenile officer should promote the development of these resources.
Performance indicators
§ Reduced recidivism.
§ Consistent case decisions/recommendations across like cases.
§ Identified areas of service needs are met.
Potential measurement methods
§ Analysis of recidivistic referrals, numbers, and types.
§ Review/comparison of case decisions/recommendations across like cases.
§ Surveys/structured interviews with juveniles and parents/guardians.
As with delinquency case processing, the dispositions standard puts forth a best practice standard concerned with issues of public safety and the importance of utilizing the least restrictive intervention for the juvenile.  Adherence to the supervision level described in this standard is intended to ensure that communities are safer from offenders while habilitation efforts are administered to decrease the likelihood of delinquent behavior by the juvenile.

VIII. DETENTION* FACILITIES AND SERVICES
Procedures for use of detention facilities and polices governing the treatment and rights of detained youth shall be in compliance with Rules 111.01 to 111.10.  A sufficiently wide range of detention services should be available so that the least restrictive interim option appropriate to the juvenile needs and community safety may be selected.
When a detention facility* has bedspace available, every effort should be made to accommodate youth regardless of that youth’s county of residence or the court having jurisdiction.
Performance indicators
§ Enhanced availability of detention facilities and services.
§ Increased community safety.
§ Public awareness of availability of detention facilities/services.
Potential measurement methods
§ Record review relevant to decisions to hold and availability of resources.
§ Analysis of pre-disposition recidivism.
§ Surveys of local citizens.
This standard ensures that there are sufficient resources available to detain youth that present a significant risk and that detention resources are used judiciously.  The standard encourages resource sharing among circuits that have detention facilities and services and promotes development and use of less restrictive options when appropriate.

GLOSSARY OF TERMS
Collateral contacts – Contacts with members of the juvenile’s support system or other persons who have knowledge of the juvenile’s behavior.  This may include parents or guardians, other relatives, school personnel, and treatment providers.
Detention  Means the taking and retention of the person of a juvenile in judicial custody in connection with proceedings under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo.
Referral Information received by the juvenile officer or other authorized staff alleging facts that may bring a juvenile under the applicable provisions of chapter 211, RSMo.  If information is given verbally, it shall be reduced to writing.
Secure detention – Any public or private residential facility used for the temporary placement of any juvenile if such facility includes construction fixtures designed to physically restrict the movements of juveniles held in such facility.
Supervision – Refers to the on-going contact of a juvenile found to be subject to the court’s jurisdiction, the juvenile officer or deputy juvenile officer for a designated period of time during which the juvenile may be required to comply with certain conditions either by informal agreement or formal court disposition under subdivision (2) or (3) of subsection 1 of section 211.031, RSMo.


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