KY DMC Response

The state of Kentucky has identified Disproportionate Minority Contact (DMC) across its child serving agencies. Black Youth are overrepresented in charges, arrests, school discipline, child protective reporting, out of home care placements, commitments, and emancipation. They are simultaneously underrepresented in mental and behavioral treatment as well as successful diversion outcomes.

Transcript

1. A Kentucky Response to Disproportionality and Disparity Pastor Edward L. Palmer Sr., Chair Kentucky Subcommittee on Equity and Justice for All Youth Rachel Bingham, Executive Officer Department of Family & Juvenile Services Kentucky Administrative Office of the Courts
2. Objectives  Provide participants with an overview of Kentucky’s reforms and performance measure outcomes.  Provide participants with an overview of what are effective and ineffective interventions.  Provide participants with current action plans being administered in Kentucky’s DMC counties.  Provide participants with an agency response to DMC as well as examples of future policy recommendations.
3. Leadership within Kentucky  Juvenile Justice Oversight Council- Required through the 2014 juvenile justice reform legislation  State Inter-Agency Council- Required to oversee coordinated policy development, comprehensive planning, and collaborative budgeting for services to children with emotional disabilities  Subcommittee on Equity and Justice for All Youth- Required through OJJDP and SAG
4. Administrative Office of the Courts  Operational arm of the Judicial Branch.  AOC carries out duties that are mandated by the Kentucky Constitution, including administering the Judicial Branch budget, building and maintaining court facilities, maintaining court statistics through a statewide case management database, administering personnel policies and payroll for court personnel, and providing educational programs for judges, circuit court clerks and support staff.  AOC has earned a national reputation for many of its initiatives, including Family Court, Drug Court, Court Designated Worker Program, Citizen Foster Care Review Boards, judicial education, pretrial services, court interpreting services, and diversity awareness.
5. Family and Juvenile Services  Oversees the Kentucky Court Designated Worker Program (CDW) located in all 120 counties.  Supports the Citizen Foster Care Review Boards (CFCRBs) to expedite the permanent placement of Kentucky’s abused and neglected children. CFCRB consists of over 700 volunteers located across the state.  Administers programs which provide technical assistance, training, and support services to judges, court personnel, attorneys, social workers and community partners regarding family law and juvenile justice initiatives such as the statewide Legal Training for Dependency, Neglect, and Abuse Case.  Manages the Kentucky Court Improvement Project (CIP) and the Violence Against Women Act (VAWA) Program.
6. Court Designated Worker (CDW) Program  CDWs are responsible for placing children in alternative placements prior to arraignment, conducting preliminary investigations, and formulating, entering into, and supervising diversion agreements and performing such other functions as authorized by law or court order.  Coordinate the statewide Family, Accountability, Intervention and Response (FAIR) Teams which provide enhanced case management support and services for diverted youth.  Implement the Truancy Diversion Program to address Kentucky’s truancy issues.  Administers the Kentucky Teen Court Program located in 22 counties.
7. Kentucky Diversion Program Overview Public, 7,030, 59% Status, 4,954, 41% 11,984 Cases Placed on Diversion CY 2017 Cases Placed on Diversion
8. Kentucky Diversion Program Overview 3,528 85% 625 15% 4,153 Status Diversions Closed Successful Unsuccessful 5,558 93% 436 7% 5,994 Public Diversions Closed CY 2017 Diversion Outcomes
9. Establishment of FAIR Teams 47% 29% 19% 2% 2% 1% 0% FAIR High Needs Unsuccessful Diversion Failure to Appear Referral from DPP Other Referred from Court Declined Diversion 2,985 total cases reviewed 86cases were reported to DCBS CY 2017 Referrals to FAIR Team by Case Type
10. Early Positive Outcomes ▪ In CY 2017, 11,984 (56%) of the 21,348 youth who received a complaint were placed on diversion ▪ In CY2013, 9,643 (40%) of the 24,079 youth who received complaints in 2013 had the opportunity to participate in diversion. ▪ This means there has been a 20% increase of youth placed on diversion Increased Access to Diversion
11. Early Positive Outcomes • When comparing CY 2017 to CY 2013, there has been a 56 percent decrease in public and status offenses referred to court • Youth housed in juvenile detention centers and other out-of-home placements has drastically reduced Reductions in the Number of Commitments to State Custody
12. Early Positive Outcomes • 60% of successful diversions in CY 2013 did not have any further complaints by Dec. 31, 2016. • 40% of juveniles with an unsuccessful diversion in CY 2013 did not have any further complaints filed by Dec. 31, 2016. Reduced Recidivism Rates
13. Impact of FAIR Teams CY 2017 Case Outcomes for FAIR Team Referrals Successful 49% Dismissed 9% Referred to Court 42% 3145 cases closed
14. Unintended Consequences: Disproportionate Minority Contact in Kentucky
15. Slightly Higher Proportion of Black Youth Represented Among Complaints DMC in Kentucky Data provided by Crime and Justice Institute (CRJ) 26% 27% 24% 67% 64% 66% 1% 1% 0% 5% 8% 10% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% CY 2015 (N=21,316) CY 2016 (N=22,239) CY 2017 (N=21,348) Complaints by Race CY15-CY17 Black non-Hispanic White non-Hispanic Hispanic Other
16. Black Youth Have Higher Representation Among Diversion Overrides DMC in Kentucky Data provided by Crime and Justice Institute (CRJ) 31% 26% 20% 60% 66% 70% 0% 0% 0% 9% 8% 10% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Judicial and County Attorney Overrides (N=3,381) Judicial and County Attorney Overrides for Misdemeanor, Status or Violation Offenses (N=1,184) Diversion Agreements for Misdemeanor, Status or Violation Offenses (N=4,710) Race and Ethnicity of Diversion Overrides vs. Diversion Agreements CY 2017 Case Closures Black non-Hispanic White non-Hispanic Hispanic/Latino Other
17. 2 Percentage Point Increase in Proportion of Black Youth Among DJJ Commitments from 2016-2017 43% 45% 41% 39% 14% 14% 2% 2% 0% 25% 50% 75% 100% 2016 (N=287) 2017 (N=390) Race/Ethnicity of New DJJ Commitments FY 2016 vs. FY 2017 Black/African American non-Hispanic White non-Hispanic Hispanic/Latino/Biracial Other Data provided by Crime and Justice Institute (CRJ) DMC in Kentucky
18. Second Largest Racial Disparity: Detention at Intake Statewide CY 2017 Data provided by Crime and Justice Institute (CRJ) DMC in Kentucky 40% 27% 50% 63% 10% 9% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Detention at Intake CY 2017 (N=1,474) Public Offense Complaints CY 2017 (N=14,816) Race and Ethnicity Other Hispanic White non-Hispanic Black non-Hispanic
19. Black Youth Account for More than Half of Youthful Offender Referrals Data provided by Crime and Justice Institute (CRJ) DMC in Kentucky 53% 50% 41% 42% 1% 0% 5% 7% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% CY 2015 (N=410) CY 2017 (N=503) Racial Breakdown of youthful Offender Referrals CY 2015 vs. 2017 Black non-Hispanic White non-Hispanic Hispanic/Other Other
20. Within Counties, Racial Disparities Worsen as Youth Progress through the Court System Top 10 Counties for Complaints Against Black Youth % Black Youth Among Complaints % Black Youth Among Diversions % Black youth Among Unuccessful Diversions % Black youth Among Successful Diversions % Black youth Among Diversion Overrides % Black Youth Among Detention at Intake % Black youth Among Youthful Offender Referrals JEFFERSON 61% 52% 58% 49% 68% 72% 74% FAYETTE 43% 36% 44% 35% 54% 57% 70% CHRISTIAN 52% 48% 50% 49% 56% 66% 82% DAVIESS 21% 18% 32% 16% 25% 30% 33% KENTON 62% 31% 48% 29% 32% 43% 30% HENDERSON 25% 20% 23% 18% 27% 36% 100% WARREN 20% 17% 33% 17% 20% 20% 22% MCCRACKEN 36% 26% 44% 21% 48% 44% 29% HARDIN 35% 33% 62% 29% 36% 33% 56% FRANKLIN 19% 12% 8% 12% 26% 27% 31%
21. What research tells us about effective interventions…
22. Traditional Service Approach • Focus on trying to improve youth’s behaviors • Does not partner with youth, families, and communities to strengthen youth’s support systems • Is NOT an efficient way to utilize community resources • Does not improve public safety Transforming Juvenile Justice Systems to Improve Public Safety and Youth Outcomes, 2018 Janet Reno Forum
23. Traditional Service Approach • Does not improve youth’s outcomes • Lack of service availability • Limited access • Not sustainable Transforming Juvenile Justice Systems to Improve Public Safety and Youth Outcomes, 2018 Janet Reno Forum
24. What Works • Supports and resources to strengthen pro- social peers, attitudes, personality • Address a history of antisocial behavior • Strengthen youth’s support systems • Provide family-focused approaches Principles of Effective Interventions, Crime and Justice Institute, 2017
25. What Works • Utilize restorative practices • Implement a graduated response approach • Require a community-based service approach • Accountability and compliance can be accomplished through clear expectations and role clarification Principles of Effective Interventions, Crime and Justice Institute, 2017
26. CDW Program Response to OJJDP Identified DMC Counties: HARDIN CHRISTIAN FAYETTE JEFFERSON Office of Juvenile Justice and Delinquency Prevention (OJJDP), part of the U.S. Department of Justice
27. Goals • Identify community resources for African American youth • Improve tracking and documentation of failure to appear (FTA), unsuccessful diversions, and referrals to court • Locate alternatives to detention Outcomes • New local programming available for African American youth • FTA, unsuccessful diversions, and referrals to court all decreased • Two new release options to youth that cater to both male and female Hardin County Goals and Outcomes
28. Goals • Reduce public complaints against youth of color • Increase service array for youth of color with status offenses • Develop alternatives to detention • Reduce referrals to court by the county attorney and the judiciary Outcomes • County attorney referrals dropped but judicial referrals increased • Closer partnerships with African American community partners created opportunities for mentorship Christian County Goals and Outcomes
29. Goals • Reduce failure to appear (FTA) • Increase service array in areas with highest disproportionality • Locate alternatives to detention, particularly for domestic violence cases (DV) • Revise the script for presenting a case to the judge during call-out situations Outcomes • Successfully reduced FTA • New alternatives led to a decrease in the number of youth detained at CDW intake Fayette County Goals and Outcomes
30. Goals • Change the script used with the judge in call-out situations • Reduce failure to appear (FTA) and referrals to court by the county attorney, judiciary, and FAIR Team • Locate alternatives to detention • Provide new programming, specifically for African American youth Outcomes • Judge script edited and implemented • FJS policy on calling clients to schedule implemented • New office space acquired at the Neighborhood places • New programs developed for African American youth • Securing a new alternative to detention still in process Jefferson County Goals and Outcomes
31. Department of Family and Juvenile Services’ Statewide Response to DMC
32. Statewide: Addressing DMC • Education; • Data collection and analysis; • Local Action Planning; and • Ongoing assessment and improvement Family and Juvenile Services’ Strategic Plan
33. Implementation 2014 Statewide DMC Assessment UofL Senate Bill 20 DMC Strategic Plan for FJS Building the Data: Juvenile Justice & Child Welfare Data Walk and Local Action Planning Implicit Bias FJS Racial Equity Assessment Cultural Collisions Understanding DMC Core Requirements
34. Future Policy Recommendations
35. Future Policy Recommendations Drivers Not Yet Addressed: ❖Eligibility for the Youthful Offender Process ❖Reducing the use of Detention at Intake ❖Limiting the number of School-Based Offenses
36. For more information, feel free to contact: Pastor Edward L. Palmer Sr., Chair Kentucky Subcommittee on Equity and Justice for All Youth pastorelpalmer@hotmail.com Rachel Bingham, Executive Officer Department of Family & Juvenile Services Kentucky Administrative Office of the Courts rachelb@kycourts.net