The terms of probation are incorporated into probation rules which are approved by the juvenile justice court judge. Probation terms should not be boilerplate; instead, they should incorporate a case management plan with specific goals that have been set in coordination with the youth and his or her family. Probation conditions should be phrased in the positive, not the negative. Youth will do X, Y, Z; rather than youth will not do A,B, C. The prosecutor and counsel for youth are notified of the specific terms of probation and can challenge probation’s decision if they disagree. Since probation remains involved, they monitor to ensure that services are delivered and the terms are complied with, and if not, the probation officer either signs a violation or requests juvenile justice court review.

The juvenile justice court judiciary supports this system because the judge and judicial officers participated in developing the system, and because ongoing evaluation shows this approach is an effective as practice prior to its implementation. Consequently, the judiciary has confidence that the design of the system is resulting in good decisions and does not feel it necessary to have another hearing to approve a probation department recommendation.

The purpose of the disposition hearing is to determine what the juvenile justice court judge will require of the adjudicated youth and his or her family as a result of the youth’s responsibility for violating the law. The disposition hearing is the heart of the juvenile justice system. It is the time at which individualized justice is dispensed and when problem-solving for a particular youth and family is addressed. Appropriate dispositions are designed to help the juvenile justice court achieve the following goals:

• Increase safety in communities by supporting and implementing both effective justice prevention strategies as well as a continuum of effective and least intrusive responses to reduce recidivism;
• Hold juvenile offenders accountable to their victims and community by enforcing completion of restitution and community service requirements; and
• Develop competent and productive citizens by advancing the responsible living skills of youth within the jurisdiction of the juvenile justice court.

Appropriate dispositions should be selected from a list of graduated responses and should be the least restrictive in type and duration that the juvenile justice court believes will accomplish its goals for the youth. Effective dispositions are matched to supervision levels and programs that correspond to the youth’s risk of reoffending and need levels and the youth’s cultural background. Effective dispositions are most likely to be selected when probation has used validated risk/need assessments to assist in developing the recommended plan. Juvenile justice court judges should be able to explain to the youth and family why the specific disposition was selected and the objectives the court expects the youth to accomplish as a result of the disposition.

Juvenile justice court judges should know that the services they are ordering are effective. Juvenile justice courts must have access to outcome data and research that shows the services the judge orders produce positive behavior change in youth and reduce recidivism. Judges and court staff should visit the services and facilities they use and review the outcomes and accreditation reports of these services at least annually. They can then assure youth and parents that the services are effective and appropriately managed. Outcomes of routinely used service providers should be shared with all juvenile justice system participants and the public. If services are unable to produce successful outcomes, the juvenile justice court should not order a youth or parents to engage in those services.

The juvenile justice court must do everything possible to have the necessary array of effective services to meet the needs of the youth it serves. This is an important area where strong judicial leadership is required in order to lead collaborative efforts with other youth serving systems toward this end. Juvenile justice court judges should convene the leadership of systems that serve youth as well as youth and families on a regular basis to review accessibility, quantity of services, and outcomes. These forums enable youth system leaders to learn the challenges each system faces, to identify and prioritize necessary improvements, to identify programs that work and programs that do not work, and to make the case for funding additions or shifts when needed.

Juvenile justice courts must have the authority, under statute or rule, to order an individualized disposition based on the evidence and determined to be reasonable and necessary for the child and family before it. Operationally, this means that juvenile justice court judges should, when appropriate:

• Specify types of services that are to be provided to a youth;
• Reject the use of a specific service provider, if evaluation indicates the provider is not achieving appropriate outcomes; and
• In extreme cases, judges should consider using the powers of the court to compel youth system participants that have the ability and resources to cooperate yet, nonetheless, choose not to. Some states, such as California, have statutes in order to facilitate coordination and cooperation among government agencies that permit the juvenile justice court, after giving notice and an opportunity to be heard, to join an agency in the juvenile court proceeding if the court determines the agency has failed to meet a legal obligation to provide services to the minor.

It is not appropriate, however, for juvenile justice court judges to order youth system agencies and organizations to use a specific provider for a court-ordered service. It is also not appropriate for judges to reject the recommendation of the youth system agency or provider if their recommendation is supported by evidence and can be shown to be reasonable and appropriate.

As previously discussed, the disposition hearing may be held sequentially with the adjudication hearing if all persons and information are available to the court when the youth is adjudicated. If additional information is needed or additional persons are required, the disposition hearing should be held at a subsequent date and time. If the youth is detained, the disposition hearing should be set as soon as possible and preferably within five business days of the adjudication hearing, unless additional information is needed that will take longer to obtain. If additional time is required and the youth is detained, the disposition hearing should be set as soon as possible and preferably within 10 business days after the adjudication hearing.

If the youth is not detained, the disposition hearing should be set as soon as possible and preferably within 10 business days from the adjudication hearing, unless additional information is needed. It should be very rare that circumstances require the juvenile justice court to set the disposition hearing for up to 20 business days from the adjudication hearing for a youth who is not detained.

When a pre-disposition investigation is required between the adjudication hearing and the disposition hearing, and social, mental health, or other evaluations are needed, the juvenile justice court should have systems in place to meet recommended hearing timelines. When additional time is required to obtain necessary information, the youth is in secure detention, and there is no reason to believe that the youth’s disposition will be secure placement, the juvenile justice court should release the youth either to the parent or legal custodian, with or without restrictions, or to a non-secure detention alternative.

Youth appearing before the formal juvenile justice court should be represented by qualified counsel at all hearings. Counsel for the youth plays an important role in the disposition hearing with the responsibility to ensure that all significant needs relating to the behavior of the adjudicated youth have been brought to the attention of the juvenile justice court. If additional evaluations or expert witnesses are needed to aid in the preparation of the disposition hearing, counsel is responsible to request this assistance at the end of the adjudication hearing.

Prior to the disposition hearing, counsel for the youth should fully explain the possible disposition options to the youth and the youth’s parents or legal custodian. Counsel should ask them what options they feel would be most appropriate and which service providers the youth and family will feel most comfortable working with. It is important to note, however, that counsel for the youth is not obligated to present the view of the parent, if this view is in opposition to the view of counsel’s client. Parents will have the opportunity to present their view during the social evaluation and during the disposition hearing.

When a juvenile justice court diverts cases to alternative systems whenever possible and appropriate, and only the more serious and chronic cases come before the formal juvenile justice court, determining the appropriate disposition will often require significant additional information. In most juvenile justice courts, cases of serious offenders are referred to probation departments for the purposes of: 1) evaluating the risk of reoffending, needs, and strengths of the youth and family; 2) identifying victim needs and concerns; 3) identifying mitigating and aggravating circumstances; 4) matching probation’s appraisal with available disposition alternatives; and, 5) recommending the appropriate court response. The JUVENILE JUSTICE GUIDELINES refers to this process as the predisposition investigation. It is also called a probation investigation in many jurisdictions.

Because of the impact this investigation has on the youth, and if juvenile justice courts are consistent and unbiased as to ethnicity, gender, sexual orientation, nationality, etc., the person conducting the pre-disposition investigation should use validated assessment instruments, standard criteria, and consistent guidelines in making the disposition recommendation. The process should include matching youth and family risks, needs, and strengths with disposition alternatives. The investigator must be careful to include only verifiable information in the investigation, to carefully document who provided the information, to identify those who agree with the recommended disposition, to present the opinions of those who disagree with the recommended disposition, and to explain why the recommended disposition will best meet the needs of the youth and provide community safety.

Probation must obtain appropriate releases of information when gathering pre-disposition investigation information. Pre-disposition investigations should include the following:

• Information that currently exists within juvenile justice court records including police reports, past offenses, assessments, past service provider reports, and evaluations;
• Information that exists regarding abuse and neglect, both from juvenile court records and child protection agency records, and the reunification or permanency plan that has been approved by the abuse and neglect court, if applicable;
• Contacting the prosecutor and counsel for the youth for additional information, and their perspectives and recommendations;
• Interviewing the youth and parents or legal custodian, preferably at their home, to collect information on the strengths, resources, needs, and recommendations of the youth and family. These interviews should be conducted to convey respect for the family and interest in their opinions and suggestions, and to build a foundation that will maximize their support. The persons conducting these interviews must be experienced in cultural issues that pertain to the family. Information collected during the interview should include:
  • The living and work situation of any parent or sibling with whom the youth does or does not reside, including strengths, relevant problems, and any trauma that the family has experienced. Trauma can include victimization, exposure to violence in the home, school, or community, witnessing suicides or homicides, and witnessing residential fires or other disasters;
  • Identification of significant individuals of influence in the youth’s life, both positive and negative;
  • The youth’s past and current problems, including substance abuse, mental health issues, trauma and victimization, and developmental disabilities;
  • School history including grades failed, special learning needs, behavior, grades, attendance, and current school functioning in all of the same areas;
  • Talents and prosocial activities with which the youth is or has been involved, including cultural and religious affiliations, volunteer activities, recreation, sports, employment, and the youth’s career goals;
  • Health history of the youth, and any pertinent health issues within the family; and
  • Why the family and youth believe the youth broke the law, and what they think would help the youth develop the strengths and skills to avoid further illegal behavior.
• Information from the victim regarding his or her relationship to the offender, injuries or losses, restitution requests, concerns including perceived risk of being re-victimized, and desire to participate in the disposition hearing;
• Information from motor vehicle records, if applicable;
• Information from the school on attendance, behavior, performance, strengths, and special learning needs. Comparing the school information provided by the parents and the information provided by the school will be a helpful indicator as to whether the parent and school are effectively communicating;
• Information from any service providers involved with the youth and family, including description of services, both non-residential and residential, that the youth or siblings are, or have been involved in, whether they were or were not court ordered, and the response to those services;
• Information from the staff of any organizations the youth is involved with;
• If the youth is Native American, information, recommendations, and available resources from the tribe or inter-tribal council;
• Assessing the attitude of the youth and family toward the offense and other problem behavior that has been identified in family, school, and agency contacts; and assessing their willingness to engage in services that will change the problem behavior and strengthen their problem-solving ability;
• Assessing protection of community issues, risk of reoffending issues, and needs using a validated risk assessment tool; and
• Recommendations for disposition.

When a juvenile justice court is diverting cases to alternate systems whenever appropriate, youth entering the formal juvenile justice court will likely have higher levels of needs, including mental health needs and exposure to trauma. Consequently, the disposition investigation should include a current mental health and trauma assessment completed in the last 12 months.

When information collected in the investigation or the facts of the offense indicate, additional evaluations should be conducted to fully diagnose existing or suspected problems and make treatment recommendations. Additional evaluations that may be indicated include:

• Problem sexual behavior
• Substance abuse
• Special learning needs
• Neurological
• Physical

Juvenile justice court judges and pre-disposition investigators should always identify specific questions that they want the clinician to address in their assessment report.

Upon completion of all necessary interviews, document reviews, and evaluations, the pre-disposition investigator should complete a standardized process that guides the recommendation that the pre-disposition investigator will present to the juvenile justice court at the disposition hearing. The written investigation report should clearly and concisely summarize the information leading to the recommended disposition, explaining why the particular recommendation was selected, what the disposition will accomplish, and all recommended restrictions, responses, and services. If probation, intensive in-home services, or placement is recommended, a proposed plan should be submitted as a part of the report.

Proposed Probation Plan

This proposed plan should incorporate graduated responses. The term “graduated responses,” previously referred to as “graduated sanctions,” describes a response model that includes both sanctions and incentives in a multi-tiered continuum of interventions. The model emphasizes the need to hold each juvenile offender accountable for any and all offenses committed, provides a continuum of services that can respond effectively to the individual needs of each offender, uses graduated responses and positive reinforcement, and promotes the use of progressively more severe responses when needed for repeat violations. Graduated responses should include responses that the probation officer can implement without a court hearing for minor violations of the plan and responses that must be judicially approved prior to implementation. The JUVENILE JUSTICE GUIDELINES recommends that only judges or judicial officers should have the authority to place a youth in detention as a response. Consequently, detention placement should be a response that must be judicially approved and cannot be implemented by probation.

Graduated responses should vary according to the severity, frequency, and degree of violence of the offense, and the special needs, strengths, and circumstances of the youth. Research shows that graduated responses are more effective when they include both consequences and nurturing and encouraging existing strengths of the youth. Research also shows that responses are more effective when they enable youth to actively practice and demonstrate skills in a way that strengthens a community connection. The graduated responses model couples responses and incentives with a range of effective service interventions that address underlying problems in order to prevent the youth’s return to the juvenile justice court system.

A proposed probation plan should include the following components:

• Positive framing of the orders – instructions for what the youth should do rather than instructions on what the youth should not do;
• An emphasis on incentives that can be earned for meeting plan goals;
• An inclusion of pro-social activities and other skill-development services who will provide the services, when the services will begin, and the specific expectations of youth and parent or legal custodian with regard to these services;
• The level of supervision the youth will receive, which will provide the supervision and the projected length of supervision if terms are complied with;
• The documented education plan for the youth that will help to ensure success in the school environment and that has been created in partnership with the youth’s school;
• Expectations with regard to work, if applicable;
• The services that will be provided to assist the youth to learn new attitudes and competencies resulting in law-abiding behaviors and to assist the youth with any special issues, who will provide the services, when the services will begin, and the specific expectations of youth and parent or legal custodian with regard to these services;
• A plan of graduated responses and incentives with specificity regarding which responses can be implemented by the probation officer and which require approval by the juvenile justice court judge;
• Any recommended restrictions on the youth’s behavior such as house arrest, electronic monitoring, curfew, or persons the youth is not to associate with;
• Description of any monetary damages suffered by the victim, identification of personal insurance or state victim fund payments that will offset the damages, a recommendation of the amount of restitution the youth will be expected to pay, and a plan regarding how the youth will be held accountable for restitution through monetary payment or community service. For offenses with large monetary damages, it is important for pre-disposition investigators and juvenile justice court judges to discuss with the victim a realistic compensation amount from the youth and to assist the victim in accessing any other compensation options available;
• Any additional expectations for the youth regarding understanding the impact of victimization and providing compensatory community service; and
• Any recommendations of orders that should be made regarding the parent, such as attending a parental responsibility training program, participating in services, aiding in the enforcement of the juvenile justice court’s orders on their child, liability for restitution, payment for the costs of services, or criminal responsibility for failing to supervise their child.

Removal from the home, whether in community, non-secure, or secure placement, is the most restrictive and costly disposition that the juvenile justice court can impose. If the pre-disposition investigator recommends placement, the investigator should explain how she or he has carefully considered why removal from home is necessary and where the youth will reside upon completion of placement. The proposed plan, referred to as the initial reentry plan, should include the following components:

• The level of supervision that will be provided by the placement;
• The services that the placement will provide to the youth during the time the youth is in placement that will lead to successful return to the community, including the plan for engagement in community services as soon as possible after placement;
• The education plan for the youth including how information will be obtained from the prior school, what remediation and credit recovery will be provided, and what interventions will ensure successful transition to the community school upon release. I If the youth is on an Individual Education Plan (IEP), the plan should specify the date an IEP conference will be held not later than one week after the youth is placed;
• The person to whom the youth is expected to be released upon completion of the program;
• The services that will be provided and the expected participation of the future custodian during the time the youth is in placement, including involvement in treatment services and visitation;
• Recommendations of orders that should be made regarding the parent or legal custodian, such as attending a parental responsibility training program, aiding in the enforcement of the juvenile justice court’s orders regarding their child, liability for restitution, payment for the costs of services, or criminal responsibility for failing to supervise their child;
• If youth is Native American, the steps taken to comply with the requirements of the Indian Child Welfare Act, including placement in a culturally responsive setting;
• If the future custodian is not the parent, the expected participation of the parent during the time the youth is in placement, including involvement in treatment services and visitation;
• A plan of graduated responses and incentives with specificity regarding which responses can be implemented by the probation officer or facility staff and which require approval by the juvenile justice court judge;
• How it will be determined that the youth is ready for release; and
• At what point during the placement the finalized reentry plan will be developed and provided to the juvenile justice court.

The pre-disposition investigator should include the participation of the youth and parent in developing the proposed plan to the maximum degree possible. Active involvement in negotiating and designing the plan, even giving the youth and parent choices with regard to minor details, can positively impact adherence and favorable outcomes. When youth and parent suggest plan components that the investigator knows are not appropriate and will not be acceptable to the juvenile justice court judge, the investigator can use this opportunity to explain the court’s perspective and concerns and ask the youth and parent to suggest modifications that would address the court’s concerns. Whenever the youth is Native American and affiliated with a local tribe, the appropriate tribal representative should be notified at the inception of the case and also be involved in developing the proposed plan.

The pre-disposition investigator should provide the pre-disposition report, recommendations, and the proposed probation or initial reentry plan to the prosecutor and counsel for the youth not less than three days before the disposition hearing. When a mental health or other clinical evaluation is needed, the pre-disposition investigator should forward the social and physical evaluations to the prosecutor and counsel for youth at the same time they are forwarded to the clinician. Once the clinician has completed the evaluation, and if the report will not be available for several days, the pre-disposition investigator should give verbal information regarding the clinical report with probable recommendations to the prosecutor and counsel for youth as soon as practicable, in order to provide as much review and preparation time as possible.

Dispositional control over parents of adjudicated youth is an option of last resort and contravenes the juvenile justice system’s efforts to engage with parents as partners in the development of interventions for their children. In many states, the parents of a delinquent youth can be subject to juvenile court dispositional orders. Some states have additional statutes that provide the juvenile justice court with the authority to require parents to participate in family treatment or other appointments with their children, to make parents liable for restitution and payment for services, make parents party to the action, require the parents to aid in the enforcement of court orders.

The pre-disposition investigator or prosecutor can recommend the juvenile justice court judge make orders against the parent, if the juvenile justice court has statutory authority, when they believe the order is necessary to protect the community, assist the youth in changing delinquent behaviors, or repair damage to the victim. However, the pre-disposition investigator, prosecutor, and juvenile justice court judge should carefully consider the impact of such orders, so that unintended negative consequences do not result in significant financial burdens on the parents. Other unintended consequences may include parental retaliation again the child either mentally, emoitionally, or physically.

Juvenile justice courts should have policies with regard to the circumstances that must exist for a parental sanction to be ordered. The juvenile justice court should define situations that might result in waiving the sanction, so that the court ensures the sanctions are fairly and consistently applied

Information the Juvenile Justice Court Should Have

At the start of the disposition hearing, the following information should be available to the juvenile justice court and should have been previously provided to the prosecutor and counsel for the youth:

• The petition, affidavit, motions, and findings and orders from the prior hearings in the case;
• Information regarding any cultural or disability issues that would assist the judge in successfully communicating with the youth and family;
• The pre-disposition report, recommendation, and proposed probation or initial reentry plan, if applicable;
• Copies of all evaluations, reports, or other source documents referenced in the pre-disposition report;
• Whether Title IV-E funds are or will be used for the youth’s recommended placement or services;
• The current court-approved reunification or permanency plan, if the youth is also under the abuse and neglect jurisdiction;
• A victim impact statement that includes any damages and documented costs for which a restitution order is requested; and
• A list of any witnesses that either the prosecutor or counsel for the youth intends to call to testify.

The pre-disposition investigator should provide the pre-disposition report, recommendations, and the proposed probation or initial placement and reentry plan to the prosecutor and counsel for the youth not less than three business days before the disposition hearing.

Presentation of Disposition Testimony and Recommendations from the Pre-Disposition Investigator, Prosecutor, and Counsel for the Youth

Prior to the juvenile justice court disposition hearing, the pre-disposition report, recommendation, and proposed plan was provided to the prosecutor and counsel for the youth. The prosecutor has discussed the report with the victim, determined the victim’s response to the recommendation, and whether the victim wishes to attend and participate in the hearing. The prosecutor has also determined whether he or she agrees with the pre-disposition recommendation or will present a different recommended disposition. The prosecutor has determined whether he or she will call witnesses to testify as to the appropriateness of their recommendation or to challenge the conclusions or recommendations of the pre-disposition report.

Counsel for the youth has discussed the pre-disposition report, recommendations, and plan with the youth and family to determine their responses. Counsel has determined whether to agree with the recommendation or to present a different recommended disposition. Counsel has determined whether to call witnesses to testify as to the appropriateness of her or his recommendation or to challenge the conclusions or recommendations of the pre-disposition report.

Consequently, all parties are prepared at the disposition hearing to proceed with the following steps:

• The juvenile justice court judge reads the offense and summarizes, or asks the pre-disposition investigator to summarize, the pre-disposition recommendation and reasons for the recommendation. The prosecutor and counsel for youth have the opportunity to ask the investigator questions.
• The prosecutor indicates agreement or disagreement with the recommendation and presents any evidence or testimony accordingly. If the victim has chosen to testify, the prosecutor calls the victim at this time. If the victim has chosen not to participate, the prosecutor reads the victim impact statement into the record. Counsel for the youth has the opportunity to cross-examine evidence or testimony presented by the prosecutor.
• Counsel for the youth indicates agreement or disagreement with the recommendation and presents any evidence or testimony accordingly. The prosecutor has the opportunity to cross-examine any evidence or testimony presented by counsel for the youth.
• The juvenile justice court judge gives the parents, custodian, and the youth, and if the youth is Native American, the tribal representative the opportunity to address the court.

Questions That Must Be Answered

In order to ensure that the juvenile justice court judge has covered each important issue at the disposition hearing, the judge should know the answers to the following questions before deciding the court’s disposition and concluding the hearing:

• What level of intervention is required in order to protect community safety while the youth is engaged in services to promote behavior change?
• What are the youth’s special treatment needs (e.g., mental health, substance abuse, sexual offending, etc.), that must be addressed in order for the youth to change his or her behavior?
• What is the youth’s education status and what must be done to maximize success in the school environment? If the youth is not currently succeeding, has an assessment for special education services been conducted? If not, why not? If the youth has an Individual Education Plan (IEP), is the parent fully participating in the IEP process? If not, who would be appropriate to appoint to help the parent to fully participate or to serve as the youth’s education representative?
• What are the youth, family, and community strengths that can assist the youth in making the necessary behavior change?
• What family and community issues are likely to impede the youth in implementing necessary behavior change including stable housing?
• What victim issues should be taken into consideration and should restitution be ordered?
• What is the least restrictive disposition in type and duration that will provide community safety, hold the youth accountable, assist the youth to learn new attitudes and competencies resulting in law-abiding behaviors, and repair the damage caused by the offense?
• Does this disposition meet the test of an individualized service plan that meets the specific needs of the youth?
• Is this disposition commensurate with the offense, and have offenses with similar circumstances generally received similar court responses? If not, can the court clearly explain the reasons it is choosing the disposition, and that the reasons are supported by evidence?
• Are there any statutory collateral restrictions that the adjudication and disposition invokes (e.g., if the offense is a sex offense, are there any registration or restriction requirements)?
• If the recommended disposition is probation, does the proposed probation plan cover all necessary components, meet the needs of the youth and victim, and provide for community safety?
• If the recommended disposition is placement, is it clear why placement is necessary; and does the proposed initial reentry plan cover all necessary components, meet the needs of the youth and victim, and provide for community safety?
• Can the services begin immediately, and if not, how long will it be before services can begin? If the service needs are intensive, and the delay will be more than a few weeks, are there less intensive interim services that can be provided?
• If the youth is in detention and the disposition cannot be immediately implemented, is there reliable information to support the youth’s continued placement in secure detention until the disposition can be implemented, or can the youth be released with or without restrictions? If the youth is released and the victim is not in court when this decision is made, the prosecutor or probation officer should notify the victim of the youth’s release. Issues that should be considered in making this decision include:
  • If the youth is moving to a secure placement, is it in the youth and community’s best interest to continue to detain the youth?
  • Is the disposition a non-secure placement?
    If so, is there reason to believe that the youth presents a danger to the physical safety of the community or is likely to reoffend if released prior to a representative from the non-secure placement meeting with the youth to engage the youth in the placement plan? Except in very unusual circumstances, a youth should be held in secure detention no more than five additional days under these circumstances.
  • Is the disposition a community intervention or probation?
    If so, is there reason to believe that the youth will not engage in the intervention if released prior to the probation officer or a representative from the community service meeting with the youth to engage the youth? Except in very unusual circumstances, a youth should be held in secure detention no more than three additional days under these circumstances.
  • Does the youth have any medical, physical, or mental health issues, including a trauma history, that place the youth’s safety in question in a detention setting?
  • Does the youth’s sexual orientation or gender non-conforming identity place the youth’s safety in question in the detention setting?
• If the youth continues to be detained, have the parent’s or legal custodian’s questions about detention, including visitation, been answered?
• Are or will Title IV-E funds be used for the youth’s placement or services?
• Should a progress hearing or progress conference be set, or a progress report ordered?

Determining Whether Progress Hearings, Progress Conferences, Or Progress Reports Will Be Part Of The Disposition Order

When the juvenile justice court’s order includes placement or specific services, the court should consider whether it is necessary to set a progress hearing or progress conference or order that a progress report be submitted.

Situations in which a progress hearing or progress conference should be set or progress report should be submitted include:

• Any time the juvenile justice court places the youth outside of the home in a community placement or a secure or non-secure correctional placement over which the juvenile justice court has oversight authority;
• When the youth has committed a serious offense and the juvenile justice court has ordered treatment services; or
• Any other circumstances where the juvenile justice court judge has questions about the follow-through of the parent, youth, or service provider and believes the juvenile justice court needs to continue to monitor the disposition plan to ensure its completion.

If the juvenile justice court judge decides to order a progress report as opposed to set a conference or hearing, the judge will not have the ability to see and interact with the youth. Consequently, it is important that there be a person who is not employed by the placement or service who will conduct a face-to-face assessment with the youth and service provider to prepare the progress report. When the juvenile justice court’s disposition includes probation, and when probation departments have reasonable caseloads that allow them to do substantive probation work, a progress report can be appropriate because the probation officer can conduct an in-person assessment. When the court does not have access to an independent third party to do the assessment, the court should set a progress conference or a progress hearing.

The timing of post-disposition review varies significantly depending upon individual case circumstances. Timing and process for the different types of post-disposition review are covered in Chapter 9: Post-Disposition Review of Youth Who Remain in Home With Court-Ordered Services and Chapter 10: Post Disposition Review of Youth Placed Out of the Home by Juvenile Justice Court Order.

Written Findings And Orders

When the juvenile justice court judge believes that all issues have been considered in determining the appropriate disposition, the judge should state for the record and in the presence of the youth, parents, and legal custodian the precise terms of the court’s disposition. The judge should explain the reasons for selecting the disposition, the objectives the disposition should achieve, and what the court expects from the youth, parent, and legal custodian in carrying out the disposition. The judge should advise the youth, parent, legal custodian, and anyone involved in providing services in the court’s disposition of the consequences of failing to comply with the orders. The judge should provide an opportunity for the youth, parent, and legal custodian to ask any final clarifying questions and then should review the right to appeal.

If the juvenile justice court judge decides to detain the youth pending implementation of the disposition, the judge should set a date that is within one week for release and give the probation officer the responsibility to ensure the release occurs as planned or to report back to the court if there are problems with the release. If a date within one week cannot be set for release because the youth is on a secure placement waiting list, the judge should schedule regular progress reports until an acceptable date has been set for the youth’s transfer to the placement. The judge should also ensure that the youth is getting interim services for education, physical and mental health, and other immediate needs.

If the youth has committed a serious offense, is in non-secure detention or is not detained, has been found to need treatment for mental illness, substance abuse, or sex-offending behavior, is on a waiting list to begin treatment and a date certain for treatment to begin has not been set, the juvenile justice court judge should schedule progress hearings or reports regularly until either the services begin or an acceptable date is set for services to begin. If service needs are intensive, and the delay will be more than a few weeks, the judge should ensure that less intensive interim services are provided.

The juvenile justice court’s written findings and orders should be stated in language understandable by the youth and family and with enough detail to support the court’s actions. The court’s findings and orders should be set out in writing and made available to all legal parties and key participants at the conclusion of the hearing. The findings and orders should include:

• All persons present at the hearing;
• If parties were absent, whether they were provided with appropriate notice;
• A statement of the reason for the hearing;
• The disposition ordered by the court, a summary of the reasons this disposition was selected, and what is to be accomplished as a result of the disposition;
• Any additional services that are part of the disposition, who is to provide the services, and when the services will start;
• Any court-ordered expectations of the youth, parent, or legal custodian while the youth is receiving services;
• Any responses ordered by the court, including fines, court costs, and restitution;
• If the youth is in detention, either the reasons why it is necessary to continue to detain the youth in secure detention or an order to release the youth, specifying any restrictions;
• If Title IV-E funds are or will be used for the youth’s placement:
  • A temporary commitment of the youth to the juvenile justice court or probation agency that has a Title IV-E agreement, or to the child protection agency, unless the parent has signed an agreement for care.
  • Findings of fact as to what reasonable efforts were and are being made to keep the youth in the home or to return the youth to the home.
  • Approval of a case plan or an order that the case plan be submitted to the juvenile justice court within 60 days of the youth’s placement in the Title IV-E eligible placement or service.
  • The date of a review hearing within six months of the date the youth was placed in eligible foster care or within six months of the 60th day that the youth was removed from the home. A child is considered to have entered foster care on the date the court found that the youth was also an abused or neglected youth or 60 days from the actual removal, whichever is first. If a youth was moved from ineligible care (such as detention) into foster care within 60 days after removal from home, the clock starts 60 days after removal. If a youth was moved from ineligible care into foster care more than 60 days after removal from the home, the clock starts when the child was moved into foster care.
• If the disposition is probation or placement, approval of a probation or initial reentry plan that is incorporated by reference into the court’s orders;
• The date and time of the progress hearing or conference, or the date a progress report is due, if applicable; and
• Appeal rights and process.

The juvenile justice court’s disposition order is a final appealable order. By their nature, appeals create another layer of process and delay between the youth’s offense and the consequences of that offense. Even with fast tracking of juvenile cases, as recommended in the next chapter, appeals can still take months. Consequently, the juvenile justice judge should do everything possible to ensure that the juvenile justice court does not err in process nor create circumstances due to lack of clear communication that would create the necessity of counsel filing an appeal. It is important to clarify that this statement is not intended to discourage appeals where they are needed for counsel to adequately represent her or his client, protect the client’s rights, or refine points of law.

The JUVENILE JUSTICE GUIDELINES recommends the following so that juvenile justice courts avoid unnecessary appeals due to court process error or deficits in communication:

• Ensuring qualified representation of parties throughout the case;
• Conducting procedurally correct hearings and being scrupulous about due process and evidentiary rulings;
• Ensuring all parties, including victims, are afforded the opportunity to speak and make recommendations at the disposition hearing;
• Ensuring the juvenile justice court sets forth, where required, the reasons why the adjudication was made and why the specific disposition was ordered; and
• Making clear written findings and orders and distributing them at the end of each hearing.