Juvenile Justice Task Force
Members Present:
Rep. Christine R. Fox, House Chair
Sen. Joseph L. Hull
Sen. Nathan C. Tanner
Rep. John B. Arrington
Mr. Gary K. Dalton
Hon. Andrew A. Valdez
Mr. Russ Van Vleet
Ms. Robin Arnold Williams
Members Absent:
Rep. Steve Barth
Rep. J. Brent Haymond
Mr. David J. Jordan
Members Excused:
Sen. Lyle W. Hillyard, Senate Chair
Rep. Blake D. Chard
Staff Present:
Ms. Chyleen A. Arbon,
Research Analyst
Ms. Esther D. Chelsea-McCarty, Associate General Counsel
Ms. Glenda S. Whitney,
Secretary
Note: A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.
1. Call to Order and Task Force Business - Chair Fox called the meeting to order at 1:08 p.m. She excused Sen. Hillyard and Rep. Chard who were not able to attend the meeting. She informed the task force that Sen. Tanner would chair the meeting for Sen. Hillyard.
MOTION: Mr. Dalton moved to amend the July 18 minutes as follows: delete the title of the handout that was distributed by Captain William Shelton and insert "Salt Lake Peer Court on page 6, and insert the title of the handout, "DHS Department of Human Services" distributed by Ms. Robin Williams. Mr. Dalton moved to approve the minutes of the July 18, 1997 meeting as amended. The motion passed unanimously.
2. Families, Agencies, and Communities Together (FACT) Presentation
Ms. Robin Arnold Williams, Director, Department of Human Services, distributed the handout, "FACT," from which she gave her presentation. In representing the FACT Council, she recognized Ms. Terry Johnson, Department of Human Services, in the audience who staffs the FACT Council.
Ms. Williams presented an overview of FACT, explaining that it brings families, agencies (private and public), and communities together to meet the needs of children, youth, and families who are at risk of social, academic, health, or economic failure. FACT is a philosophy that
guides the delivery of services. It encourages parents, communities, and public and private
agencies to form interdisciplinary teams to develop, promote, and deliver child-focused, family-
centered, community-based, and culturally-appropriate services which improve the health, safety,
education, and economic well-being of children in Utah.
Ms. Williams said that many communities have begun work on local plans for interagency services as endorsed by H.B. 231 which was passed in the 1996 Legislative Session. In order to develop and refine the process at the local and state level, the FACT Steering Committee has begun work with Carbon and Weber counties to develop their plans. The communities will assemble budgets of existing funds to support their plans and identify funding
gaps.
Ms. Williams explained the sharing of information between agencies and the protection
of confidentiality. She identified the final legal opinion on confidentiality from the Governor
which enhanced the sharing of information. She noted that the different agencies or units of
government should be viewed as a combined, single unit. It is the intent of the legislature that the
systems developed under this charter (FACT) require collaboration between existing state and
local agencies in order to enhance their capacity to meet local community needs.
Judge Valdez expressed concern that some principals are not notified when a juvenile
from Youth Corrections is placed in their school. He said if this is a process of sharing
information and coming together in a collaborative way, then the schools need to be involved and
know who is being placed in their community and school system so they can have input in the
FACT process.
Sen. Hull said it was his understanding that in the 1995 Legislative Session it was put into statute that the schools would be notified of a placement. Mr. Dalton responded that the
notification does go to the superintendent or principal of the school, but explained that the letter
sometimes gets lost on the desk and its importance is not marked. He said one recommendation
of the FACT Council was to put a bright colored cover sheet that states, "Protected Information
for Your Eyes Only" so the principal will know the information is important and needs to be
passed on.
Judge Valdez expressed concern with information only going to the schools in the district
where the youth is adjudicated. He suggested that the paper work should follow the youth if he or
she receives a community-based placement outside the district.
Chair Tanner said that action needs to be taken on this item and that notification files on the placement of a child should be shared with the school and community. He noted that the
responsibility to facilitate this process was interagency and could be required under current
statute. He said this issue should be discussed to determine how FACT can follow up and meet
the needs of the child.
Rep. Fox expressed concern with a child who would like a fresh start but is marked as a
violent person by the information distributed to the school.
Sen. Hull asked if the Serious Habitual Offender Comprehensive Action Program
(SHOCAP) is the same type of program as FACT. Ms. Williams responded that it is similar in
that it is interagency and interdisciplinary, but there are a couple of different entities involved
such as more law enforcement involvement with SHOCAP than with FACT.
Mr. Dalton said that SHOCAP is more of a sophisticated, technological model. Out of
150 youth targeted, there are only six or eight that actually meet the SHOCAP standards. He
stressed that they often find that many school districts use this information to not serve youth. They use it to keep youth out of services and not let them into school based upon the Safe
Schools Act or drug-free school zones.
Judge Valdez said the purpose of sharing information is to establish this interdisciplinary team approach in dealing with the youth. The schools are currently not being utilized. The
information needs to be shared with them so that they can be a part of the team that will try to
turn this youth around.
Ms. Williams concluded her presentation by reviewing the evaluation conducted by Utah
State University which measured the effectiveness of FACT projects to ensure accountability to
taxpayers and legislators. She also reviewed the legislative audit report which found the
following: 1) the FACT initiative is operating as planned; 2) the gang prevention and
intervention programs need better monitoring; and 3) the other at-risk programs are following
legislative intent.
Rep. Fox asked if these FACT services are available statewide and how a school becomes
part of the at-risk program. Ms. Terry Johnson responded that the school districts originally
chosen were Title 1 schools, which meant they had low academic scores and lower poverty
levels. She said they began with those schools, but the program is now open to any school that
would like to participate.
Rep. Fox asked what the budget is for the FACT program. Ms. Williams reported that the budget is $5.2 million. She agreed to provide the task force with a detailed report on where the
money goes and what is still needed to provide these services. She said their goal is to redirect
existing resources in a better way.
3.
Private Providers
Mr. Gary K. Dalton, Director, Division of Youth Corrections, distributed a handout, "DYC Community Alternatives," from which he made his presentation. He said in DYC the
private provider system not only makes up a considerable amount of placement opportunities,
but also uses a significant amount of the budget. He said they look at DYC as a stool with five
legs: detention services, long-term secure care services, observation and assessment, case
management and parole, and the private provider system. Out of 1,100 youth, 600 are placed
with a private provider, both in state and out of state.
Mr. Dalton briefed the task force on who the private providers are, what they do, the
explosive growth of providers and youth in the system, the cost differentials, and the
accountability system. He reported that since 1995 the number of contracts had grown from 45
to approximately 60, which now place 586 youth in out-of-home care. Mr. Dalton presented an
overview of the advantages and disadvantages of contracting for community-based residential
services. He said the private provider system had been put together and developed over a number
of years and had become responsive. He explained that the private providers are market driven
and their focus is to provide quality service at an efficient cost.
Mr. Dalton reviewed the budget, costs, and daily population of community placement
since FY 1992. There was a 347 percent increase in costs, 191 percent increase in budget, and
246 percent increase in youth. He identified the Department of Human Services Office of
Licensing as being responsible for licensing private provider programs that are contracted under
the Division. He informed the task force on the program monitoring and the Division of Youth
Corrections' responsibilities.
Judge Valdez expressed concern with private providers' monitoring systems. He said they
need to deal with the issue of public safety and accountability. He said there have been cases
where he has refused to send a youth to a particular provider because of their inability to hold the
youth.
Mr. Glen Lambert, Executive Director, Odyssey House, distributed three handouts, "The
Net Cost to the State of Caring for Youth in an Intensive Community Residential Placement,"
"Outcome Studies of Odyssey House," and "Relevant Outcome Studies of Juvenile and
Substance Abuse Treatment." He explained that Odyssey House was an intensive community
residential placement. It was a specialized program with the vast majority of the youth being
serious substance abusers with high rates of abuse in their history. Odyssey House had been
long-term providers to Youth Corrections and DCFS. He said they are a full service agency
where there is schooling, vocational rehabilitation, and psychiatric, medical, individual, and
group family therapy.
Mr. Lambert addressed three issues: 1) advantages of private providers; 2) disadvantages
of private providers; and 3) accountability and public safety of private providers. The main
advantage of a private provider is cost. He said national studies indicate that private providers
run more efficiently at a cost savings to the state. He reported that approximately one-third of the
Odyssey House monies come from private funds and sources. The net cost to the State to care for
a youth in an intensive community residential placement is 55 percent less expensive than secure
care. Other benefits of private providers include: flexibility, competition, rapid mobilization,
accountability, monitoring at arms length, creativity, specialization and decentralization of
treatment, and outcome measurements.
Mr. Lambert, addressing the issue of outcomes, said in the last five years while in
treatment with Odyssey House, 100 percent of the youth had been crime free, drug free, and in
school. In 19 years no crimes had been committed in neighborhoods where Odyssey had
treatment programs. A follow-up study indicated that 100 percent of the youth were employed or
in school, 50 percent completed high school, and 25 percent were in college.
Judge Valdez said Mr. Lambert's points were well taken but stated that the issue to be
addressed is the accountability and public safety component of the private provider. He said that
that is what the public is demanding and should be the main focus in the balanced approach.
Mr. Lambert said that public safety is an important issue to Odyssey House. He explained
the process of screening youth, intensive supervision, monitoring drugs, service projects in the
community, and teaching youth social skills and how to be good neighbors in the community. He
concluded that private providers need to be in more of a partnership with the State.
Mr. Rodney B. Brown, Executive Director, Community Based Transitional Services, said
they have slowly built a continuum of in-house care and identified having 30 proctor homes in
the Salt Lake Valley and surrounding areas. They work primarily with Region 2 from Youth
Corrections and DCFS. He explained that in December 1995, a 10-bed group home was
established. He briefed the task force on their philosophy and their 3-phase program: 1) the
orientation, assessment, and public safety phase; 2) the accountability phase; and 3) the transition
phase to assess if the youth can be returned home.
Judge Valdez asked if there had been any family-based therapy changes within the home
so that when the youth is transitioned back home he does not regress within a couple of weeks.
Mr. Brown responded that they attempt to work with the home and indicated this as being one of
their emphases. They have clinical staff which can provide family therapeutic interventions for
youth who are visiting home on the weekends. He said once the youth enters into a more
advanced phase and there is more trust with him behaving in the community, they generally
change the contract from just individual therapy to include family therapy at least twice a month.
Mr. Brown indicated that having worked in the state system since 1977, he could identify
a problem within the provider system. Some programs are coming in and trying to develop too
rapidly and getting too large too fast. He said open ended contracting has allowed too many of
the same types of programs to come into place such as the proctor care. It gets difficult to
monitor and make sure that they are providing the safeguards that are needed. His
recommendation to the task force was to review how contracting is done.
Judge Valdez asked where the failure and break down might be when a juvenile goes
through a program and then ends up returning. Mr. Brown responded that the family is
irreparable at times and noted that reunification of the family and youth is not always in the
youth's best interest. He said sometimes they have to build in some assertiveness with the youth
to decide what is going to be best for him. They are trying to provide more independent skills
with the youth so they can survive in their environment. He added that they can meet with the
families, provide therapeutic interventions, try to get them to cooperate, but they cannot change
the whole family structure in the time they have the youth.
Mr. Van Vleet said after listening to the private providers and program directors, it had
been pointed out that almost all providers, with a few exceptions, show success rates while the
youth is in the program. He expressed concern with the failure being in the transition of the youth
back home and would like the task force to deal with the issue of aftercare.
Mr. Lambert suggested a transitional housing facility to go to after leaving the group
home.
4. Adjournment
MOTION: Rep. Arrington moved to adjourn the meeting at 3:15 p.m. The motion passed unanimously.
[Back to the Interim Directory][Back to the Monthly Schedule][Back to the Committee Listing] Utah State Legislature