< Previous40 PERSPECTIVES VOLUME 44, NUMBER 3 Transforming Juvenile ProbationTransforming Juvenile Probation SEIZING THE MOMENT FOR FUNDAMENTAL CHANGE: A TOP 10 LIST BY: STEVE BISHOP41 AMERICAN PROBATION AND PAROLE ASSOCIATION Transforming Juvenile ProbationTransforming Juvenile Probation The seismic occurrences of 2020—the coronavirus pandemic, nationwide protests against systemic racism and police brutality, as well as sudden and extreme budget shortfalls— could be a catalyst for lasting changes in juvenile probation. As challenging as 2020 is, it also provides an opportunity for creative problem-solving and new approaches to achieve probation’s mission of facilitating personal growth, positive behavior change, and long-term success in the young people it serves. An open question is whether probation systems will seize the moment to make fundamental change. The juvenile justice field experienced dramatic changes almost immediately in response to the pandemic. In March, April, and May 2020 alone, admissions to youth detention facilities fell by 52%, according to a survey of juvenile justice agencies in 33 states—equaling in two months a national decline that took 13 years. Several factors may have contributed to the decline. Probation leaders should explore what contributed to the declines locally to identify ways that probation can keep detention numbers low. Actions that juvenile courts and probation departments took as rapid responses to the COVID-19 threat, or are experimenting with under changing circumstances, have the potential to enhance probation for years to come. For instance, negative practices were curtailed. Systems stopped detaining youth for most probation violations. More positive practices got a boost. COVID-19 stay-at-home restrictions elevated the need for probation officers to work in partnership with each youth’s family members and community organizations. The following 10 practices should stand the test of time because they adhere to the values and ideals of probation transformation. They are based on the Casey Foundation’s vision for modernizing juvenile probation. 1. Maximize diversion from juvenile court . Divert youth from the court system when they are accused of less serious offenses or do not pose a serious immediate risk to public safety. For example, divert young people who are arrested for minor offenses in connection with peaceful protests. For youth whose cases were initiated just before and during this pandemic, courts should consider responses such as warning the young person and closing the case with no further intervention rather than making young people wait months for their cases to be resolved. 2. Avoid sanctions for technical violations . No youth should be detained or ordered to an out-of-home placement for a probation violation. In fact, given the exceptional dangers that confinement poses for youth and staff, it is critical to avoid filing violations on youth for rule-breaking behavior. Confinement should be considered only when youth commit serious offenses and present significant danger to the public, not as a response to rule breaking. This principle was true even in times of normal court operations—and adhering to it is a dire need now. 3. Collaborate with community partners to offer activities for youth on probation . Community- based organizations provide youth with connections to mentors and positive activities and introduce them to constructive civic engagement. They are more likely to be located in 42 PERSPECTIVES VOLUME 44, NUMBER 3 Transforming Juvenile ProbationTransforming Juvenile Probation neighborhoods where young people on probation live and are also more likely to have staff to whom young people relate. For community providers to be a resource and partner to probation agencies, they need financial support and flexibility from probation leaders. Promote equity. The nation is grappling with its racist past and present. As part of the shared responsibility to move our country to racial and ethnic equity, probation leaders should foster an organizational culture in which issues of equity are discussed freely and openly. Probation leaders can begin to take on structural and institutional racism when they analyze every aspect of their rules and practices and uncover where bias festers in their staff and work. By examining their data on how youth of different races fare in their systems and addressing disparities with targeted strategies, leaders can achieve more equitable results. Probation also has a responsibility to promote equity through their direct interactions with young people. Grappling with questions about race, identity, and one’s place in the world is a part of adolescent development, so probation officers should be prepared to hold respectful conversations with young people as they process who they are, who they want to become, and how they could contribute to the greater good. 4. Minimize probation caseloads . Probation agencies should reinforce protocols to classify cases and make sure that staff members focus their attention on young people who are most in need of support. Probation systems should consider terminating supervision when youth are near the end of their probation terms or have demonstrated they can succeed on their own. Limit the length of probation to no more than six months and focus case plans narrowly on a handful of reasonable, relevant, and achievable goals. 5. Rely on family engagement . A sense of family, community, identity, and achievement shapes all young people and influences how they see and conduct themselves. Probation practices can prioritize the constructive involvement of families in many ways, including by actively soliciting and heeding the opinions of family members through advisory committees and surveys. Probation agencies should also refrain from imposing or collecting fines and fees from the families of youth on probation. Such fees can cause crippling debt for the families and alienate family members whose active participation and support are crucial to young people’s success. 6. Lead with incentives . Probation officers should continue to offer positive reinforcement and incentives to young people to encourage and promote desired behavior, including recognizing and rewarding positive civic engagement. Probation agencies should engage with young people themselves in identifying incentives that are meaningful to them. 7. Listen to the perspectives of young people . Probation leaders considering new and adapted responses should seek input from young people first. Wherever possible, probation leaders should engage trusted community organizations to facilitate surveys, interviews, and online discussions with young people to create a safe space for young people to speak openly and honestly. Discussions about 43 AMERICAN PROBATION AND PAROLE ASSOCIATION Transforming Juvenile ProbationTransforming Juvenile Probation reexamining systems and exploring policies should take place early and often. 8. Expand access to technology . For youth on probation to engage in online programming, they need internet-ready devices and affordable internet service. Several probation agencies have gained approval for youth to use computers and wi-fi hotspot technology that has been issued by other public systems and agencies. During the shelter-in- place orders, probation agencies and individual officers stayed connected with young people through text messages, among other approaches. Willingness to experiment with digital platforms, especially those that youth are already using, could be a long-term benefit for the field. 9. Maximize collaboration across public systems. Juvenile probation cannot operate alone, nor should it want to. Probation is a lever to connect young people to the resources that will help them achieve long-term success, whether they relate to mental health, substance abuse, education, recreation, or something else. Referrals by probation to government and community partners accelerated during the pandemic and should continue, with an aligned commitment to positive youth development. Schools across the country were closed from March through May 2020 as a result of the pandemic, which put an end to school-based arrests. In that same time period, admissions to detention plummeted . Jurisdictions should be asking themselves whether having law enforcement in schools supports the goal of youth success. The rapid adjustments due to COVID-19 made by the juvenile court and probation system show a widespread capacity for significant change and a potential for long-term transformation into something better. Keep in mind that in early 2020, not very many months ago, young people were being sent to detention at double the rates seen after the pandemic hit, far fewer probation officers relied on family and community partners, and protest against glaring racial and ethnic disparities was rare. Going forward, agencies must not revert to outdated probation practices or remain habituated to disparities. The old “normal” is not good enough, especially now that this door of opportunity has opened. Bio Stephen Bishop is a senior associate with the Annie E. Casey Foundation and manages the Foundation’s efforts to transform juvenile probation nationally. Bishop started his career in juvenile justice as a juvenile probation officer and supervisor in Harrisburg, Pennsylvania, followed by more than a decade at the Pennsylvania Juvenile Court Judges’ Commission. He is past president of the Pennsylvania Association on Probation, Parole and Corrections. He can be reached at sbishop@aecf.org. APPA Membership Application YES! 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