Study Shows Benefits of Unified Court Model in Dealing with Family Issues, Especially Juvenile Delinquency
June 28, 2004
Contact: University Relations
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A new multi-state study by the Center for Families, Children & the Courts (CFCC) at the University of Baltimore School of Law shows a clear advantage in incorporating juvenile delinquency jurisdiction into a unified family court. Bringing together all legal issues that impact families, from divorce to child custody to problems affecting juveniles, is at the forefront of ongoing court reforms in Maryland. The issue is particularly relevant in Baltimore City, where juvenile crime continues to be handled separately from other family matters.
The survey, sponsored by the Charles Crane Family Foundation of Baltimore, solicited data and commentary from unified family courts in Delaware, New Jersey, Rhode Island, Hawaii and Indiana. While juvenile delinquency was designated by the state in 1998 as part of the Maryland family court system, in practice juvenile courts operate as separate entities in the system’s five family divisions. The Baltimore City Juvenile Division is among those that continue to operate separately. The CFCC study, entitled “A Strong Presence in the Life of a Child: A Report on Unified Family Courts and Juvenile Delinquency Matters,” sets the stage for a plan to integrate a juvenile court into Maryland’s Family Divisions.
Juvenile delinquency, while generally on the decline across Maryland, is still apparent and more rooted in violence in Baltimore, according to the study. While the rate of juvenile violent crime arrests in the city fell 30 percent from 1990 to 1999, a growing number of the nearly 8,000 cases handled each year by the city’s juvenile justice system involves youths charged with violent crimes or drug-related offenses. At the same time, the rate of violent deaths among youth rose by five percent in the city between 1993 and 1999, while it fell by 17 percent across the state. The Baltimore City rate of violent deaths among youths is now two and a half times higher than the Maryland rate.
Barbara Babb, director of the CFCC, associate professor at the School of Law and co-author of the study, said “A Strong Presence” confirms the wisdom of bringing together various legal and non-legal remedies into a cohesive approach to engaging in and resolving complicated problems involving children and their families – especially those issues defined as juvenile delinquency. One study, for example, found that at least 64 percent of abuse and neglect cases, 48 percent of delinquency cases, and 16 percent of divorcing families with children had been to court for another family-related matter during the prior five years.
“Juvenile issues must be seen as directly related to family issues,” Babb said. “For decades, juvenile offenders have been dealt with in isolation. In fact, juveniles are part of a family, and their behavioral difficulties are often directly tied to problems in the family. Completely integrating the family courts to include juvenile issues will greatly enhance our understanding of juvenile matters, and make it possible to increase our effectiveness in correcting unacceptable behavior before it becomes more difficult to manage.”
Six years ago, after a decade of study and preparation, Maryland introduced a unified family court designed to take into account the interrelated nature of family problems: Regardless of the cause of the problem the effects are considerable, spilling over into a family’s finances, education, and emotional well being. With the creation of Family Divisions, all family law cases, including juvenile delinquency, were intended to be handled in one court. But the Baltimore City Juvenile Division continued to operate essentially as a separate court. The integrated model – where the family court oversees services, assessments, evaluations, counseling, outreach, probation, diversion, detention, and community services – was not in full use in the Juvenile Division. At the same time, the city’s Juvenile Division was handling 65 percent of all juvenile cases in the state.
“Clearly, integrating juvenile issues with those of the rest of the Family Division would create new efficiencies and provide a more comprehensive array of services to those facing the court,” Babb said. “This approach might have a net positive effect on the rate of recidivism among juvenile delinquents, or at least improve the chances for a good outcome because a comprehensive approach was taken.”
In the survey of other states (all of which have a fully integrated family court system with the exception of Indiana, which is exploring that approach at the pilot stage), violent juvenile crime is dropping, and new tactics such as diversion programs – where formal criminal or juvenile justice proceedings are suspended while the juvenile is referred to a treatment program – are proving effective. In some states, however, such as Delaware and New Jersey, juvenile delinquency remains a significant problem that requires the best use of all available resources.
The CFCC study offers six recommendations, including the development of a close collaboration between the family court and the Department of Juvenile Services; specialized training for family court judges in delinquency cases; a judicial review that includes the monitoring of treatment, especially in substance abuse and mental health cases; and an increase in the number of services available to family courts, such as employment programs, tutoring, mentoring, counseling, community service, emergency housing, medical services, survivor support, elder assistance, anger management, and public assistance.
The Crane-sponsored survey will be available July 1. Copies can be requested by e-mailing Sharon Curley, CFCC administrative assistant, at scurley@ubalt.edu.
The University of Baltimore is an upper-division, graduate and professional university. UB — the state’s career-minded university — is a member of the University System of Maryland and comprises the School of Law, the Yale Gordon College of Liberal Arts and the Merrick School of Business.