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                  <text>��Perspectivas Sociales - Social Perspectives
Vol. 8, no. 1, primavcra/spring 2006
Publicación semestral de/ Biannual publication of lhe:
Universidad Autónoma de Nuevo León, México (lng. José Antonio González Treviño, Rector; MTS.
Grac1ela Jaime Rodriguez, Directora de la Facultad de Trabajo Social; Dr.Jorge Noel Valero Gil, Director
de la Facultad de Economía); University ofTexas al Austin, E.E.U.U. (Dr. Larry R. Faulk:ner, Presiden!; Dr.
Barbara W. Wbite, Dean School ofSocial Work); University ofTexas at Arlington, E.E.U.U. (Prof. James
D. Spaniolo, President; Dr. Santos H. Hernández, Dean Scbool of Social Work), Our Lady of thc Lake
University (Tessa Martínez Pollack, Presiden!; Dencece Ferrales. Dean Worden Scbool ofSocial Servicc);
University ofTennessce (Dr. Jobn Petersen, Presidcnt; Dr. Karen Sowers, Dean College of Social Work);
Universidad Juárez del Estado de Durango (C.P. Rubén Calderón Luján, Rector; Lic. Ana María Al vare✓.
del Castillo González, Directora de la Facultad de Trabajo Social)
Editores /Editors

México - UANL: Veronika Sieglin (coord.) y María Elena Ramos Tovar
México U. Juárez de Durango: María Guadalupe Salas Medina
Estados Unidos/USA - Austin: Lori Holleran y Dennis Poole
Estados Unidos/USA - San Antonio Cora Le-Doux
Comité Editorial / Editorial Board
Claudia Campillo Toledano (UANL, México), Guillermina Garza Treviño (UANL, México), Dennis T.
llaynes (UT Austin, E.E.U.U.), Lori Holleran (UT Austin, E.E.U.U.), Cora Le-Doux (Our Lady ofthe Lake
University), Raúl Eduardo López Estrada (UANL, México), Maria Elena Ramos Tovar (UANL, México),
Manuel Ribeiro Fcrreira (UANL, México), Veronika Sieglin (UANL, México), José Guillermo Zúñiga
(UANL, México)
Comité Científico/ Scientific Committee
Socorro Arzaluz (El Colegio de la Frontera Norte, México), April Brayfield (Tulane University), Knsta
Brumley (ITESM), Nilsa Burgos (Universidad de Puerto Rico, Puerto Rico), Miguel Ferguson (UT Austm),
Victor García Toro (Universidad de Puerto Rico, Puerto Rico), Nirrnal Goswami, (Texas A&amp;M UniversityKingsville), Dagmar Guardiola (Universidad de Puerto Rico, Puerto Rico). Emilio Hemández Gómez
(Uni\crsidad Autónoma de Baja California, México), María de la Luz Javiedes Romero (UNAM, México),
Christma Krause (Universidad de Gottingen, Alemania), Gisela Landázurri Benítez (UAM, México), María
Cristina Maldonado (Universidad del Valle, Cali, Colombia), Freddy Marínez Navarro (ITESM, México),
Amparo Micolta León (Universidad del Valle, Cali, Colombia), Benito Narváez Tijerina (UANL, México),
Gabriela de L. Pedroza Villarreal (ITESM, México), Cecilia Quaas Femández (Universidad de Valparaíso,
Chile), María lmelda Ramírez (Universidad Nacional de Colombia), Alba Nubia Rodríguez Pizaro
(Unl\ersidad del Valle, Cali, Colombia) Flavio Sacco dos Anjos, (Universidad Federal de Pelotas, Brasil),
Verónica VázquezGarcía (Colegio de Posgraduados, México), María Zebadúa (UANL, México)
Editora del actual número/Editor of tbis number
Lori Holleran
Comité de redacción
Gustavo García Rojas (UANL, México)
Coordinadora de difusión y distribución
María Elena Ramos Tovar (UANL, México): distribución comercial y académica
Claudia Campillo Toledano (UANL, México): distribución académica
Publicación semestral/semestral publication: correo clectrónico/email: vcronikasieglin@yahoo.de;
vsicglin@hotmail.com; loríkay@.mail.utexas.edu; mramor@facts.uanl.mx
www.fts.uanl.mx\revista.html
ISSN: 1405-1133
Impreso en /Printed in Monterrey, Nuevo León, México
Otoño de 2005 / fall 2005
Tiraje /issue: 1500
Los artículos publicados son responsabilidad exclusiva de los autores / The articles publisbed in Ibis ¡oumal
are solely the responsability oftbe autbors

FONDO
UNIVERSITARIO

�Revista Perspectivas Sociales / Social Pt!rSpectives pnmavera/spring 2006. Vo/.8, Num. 1/

INDICE DE CONTENIDO - TABLE OF CONTENTS
Presentación - Presentatioo

5

ENSAYOS - ESSAYS
Substance Abuse Treatment for Juvenile Delinquents:
Prornising and Not-So-Promising Practices in the U.S.
David W Springer

23

Consulting with the Experts: Utilizing Adolescent Input
in Substance Use Prevention Efforts
Lori Koenigsberg Steiker

53

Toe Role of the Federal Govemment in Juvenile Justice
Michael J Churgin

67

INNOVACIONES DE LA PRÁCTICA - PRACTICE
INNOVATIONS
Mentally JII Offenders in thc Juvenile Justice Systern
And the Specialized Needs Diversionary Program
John Posey

79

ARTÍCULOS DE INVESTIGACIÓN - RESEARCH
ARTICLES
Predictors of violent juvenile behavior:
Examining the impact of victimization and exposure to violence
Li/iane C Windsor and Sanna J. Thompson

J03

Accelerated, Differentiated Instruction on the Reading
Achievement ofincarcerated Youth with Disabilities:
Unexpected Progress in a Time of Skepticism
Forres/ A. Novy
Eric Fredlund

131

�Revista Perspeclivas Sociales / Social Perspectfres primaveralspring 2006. Vo/.8, Num. I / Pág. J-20

CALL FOR PAPERS - CONVOCATORIA A SOMETER
ARTÍCULOS
GUIDELINES FOR CONTRIB~TORS - NORMAS
DE PRESENTACIÓ DE ARTICULOS

5

Presentación/Presentation
Johannes Doll, Lori Holleran Steiker,
Forrest Novy, and David W. Springer

This specia/ edition is dedicated to the work and memory of Robert
Dawson, SJD, an expert in criminal law and procedure, with a specia/
focus on issues ofjuveni/e justice and author of Texas Juveni/e Law
{Texas Juveni/e Probation Commission, 5th ed, 2000) and The Juveni/e
Justice Process (Foundation, 4th ed, 2000).

It ali began with a conversation. An American and a Brazilian shared a
concem for young people, youth with so many chalJenges and risks, and
yet so many strengths and such resilience. Preoccupation with young
children and adolescents is not new, and this century has seen significantly increasing concems. According to Hornstein, (1987, 507ft), developed societies today have seen a breakdown in the successful transition of youth to adulthood. He attributes this to a variety of factors,
including:
• Toe loss of confidence in the prospect of future employment guaranteeing a life with dignity;
• Exaggerated youth values, principally with respect to the body,
possessions, and aesthetics;
• Changes in today's societal values;
• The strengthening of subcultures with tendencies to be closed to
outside groups.
Within this problematic context, an upsurge in violence involving youth
and young adults between the ages of 15 and 24, be they victims or perpetrators, has been observed. Intemational comparisons place Brazil
in fourth place with regard to the number of general popuJation homicides and in 5th place with respect to juveniles (Waiselfisz, 2004).
Furtber review of these data show a homicide rate among the general
population as being relatively stable since 1980, yet the rate involving
ISSN 1405-1133 O 2006 Universidad Autónoma de Nuevo León, University ofTexas of Austin,
University ofTexas of Arlington, Our Lady oflhe Lake University, University ofTennessee,
Universidad Juárez del Estado de Dmango.

�Revista PeTYJ&gt;OCtivas Sociales / Social p

6

juveniles has almost doubled in the last 20 years ( 1980: 30 homicides
per l00 thousand; 2000: 54.5 homicides per 100 thousands, Waiselfisz,
2004). One encounters a similar pattem involving juveniles in the US.
Furthermore, in relationship to other, large geo-regions, Latin America
and the US are the only regions where the rates of juvenile homicides
are significantly greater than those observed in the general population
(Waiselfisz, 2004).
The increase in juvenile-related violence, involving youth as victim as well as perpetrator, calls attention to issues of youth in conflict
with societal norms. Yet, youth crimes or non-conforming behaviors
do not necessarily suggest intrinsic antisocial behavior primarily given
that studies in many countries have shown the number of crimes committed by juveniles tend to decrease as transition to adult life (Montada,
1995). Tbus, for youth groups exhibiting conflicts with established societal norms, a much more rehabilitative, educational approach rather
than punitive is needed. The Brazilian legislature has also opted for this
line of thinking, exempli.fied by the passage of the Child and Adolescent Act (Estatuto da Crianr;a e do Adolescente [ECA]) in 1990, which
emphasizes a protective posture in relation to adolescents who commit
crimes.
Despite the progress in the Brazilian legislative arena, recent reports indicate that serious problems continue to be encountered in the
transformation of a protective doctrine, expressed by the Child and
Adolescent Act, in educational interventions for juvenile offenders
(Mapeamento Nacional da Situar;iio do Atendimento dos Adolescentes
em Cumprimento de Medidas Sócioeducativas, 2002). Among the most
obvious findings reported include:
• Lack of reliable and complete data relative to juvenile crimes;
• Poor communication among responsible service providers working withjuvenile offenders (police, district attomeys,judges, program administrators, and non-governmental agencies offering socio-educational services);
• Lack of a stable, socio-educational services system that address
the needs of juvenile offenders;
• Lack of research studies on interventions for this specific group of
adolescents;

.

erspec11ves primaveralspring 2006. Vo/.8, Nunr I /

/ Presentoc,ón / Presenta/ion

7

• In spite of a variety of existin .
. ..
lack ofsystematic evaluation ;• ~s~lated m1tiatives, there exists a
efforts.
o e s to assess the efficacy of these
. Challenges exist not only in relation to
.
.
.
tions and the current lack f
soc10-educational mterven..;
o resources for youth d. d .
uonal care, but also with
. .
a ~u icated to correcrespect to prov1dmg youth
to general education Profi .
.
successful access
d
.
.
ess10na1s contmue to
e ucatrng an increasingly d .
.fi d
encounter difficulty
~avioral problems. Tbese ~~~st _e _student population ex.hibiting bem whicb education is deliverede: m:~cate the ~eed to rethink the way
teaching (transfer of knowled
o d is ~opulation, from objectives of
social behavior), effective
~~a~on th~t reinforc~s appropriate
verse population in the most i 1 . mst~ct1on (working with a difonnation of teachers capabl n; us1v~ settmgs), and principally in the
e o meetmg new challenges.

mef:~:s

With this m
· mm
· d, tt
· was ev1dent
.
that
d ·
epth, systematic investigation b th
. a nee . ex1sts for more invenile offenders such as teach y ~se rnvested rn the success of ju. d
,
ers social workers
.
JU ges- a multidisciplinary ffi ' .
.
. • correctional officers,
•
e ort mvolvmg dtffi
t d. .
serv1ce provides Anoth .
eren 1sc1plines and
formed analysis ~nd di er ~portant aspect is the need for open in.
scuss10ns of the ex ·
•
mg similar challenges.
penences of others confrontd

Towards these outcomes w·th B ..
col!aborative effort began to' ta~e sh raz1l~an
US gra~t funding, a
Uruversity ofTexas at A t· .
_ape mvolvmg faculttes from the
us m, m particul th s h
whose research initiatives in
. ar e c ool of Social Work
"at-risk" youth were num preventton and rehabilitation efforts with'
erous and th u ·
·
Grande do Su] (UFRGS) • B ' .
e m~erSidade Federal de Rio
..
m raz1l. Also commg
b d
group of practit1oners ¡0 the ·
•¡ . .
on oar early were a
Together these professional;~:::oe Je~s~ce arena from b~th countries.
a Sunday aftemoon Foil .
p
response toan idea born on
.
.
owmg numerous meef
. .
was fi nahzed and submitted to th M . .
mgs, a JOIDt proposal
·
e m1stry of Ed
t·
•
questmg support for two s
.
.
uca ton m Brazil rein each country The meet?'1°pos1a on Juverule Justice, one to be held

ªº?

fully, expand o~ the curre~~~:;:r~r:~pose~ ~o illuminate and, hopeand policy-making involving theJ·
·¡ e _a rt rn ~eatment, education,
uvem e m confhct with the law.

�8

/

Revista Perspecth-as Sociales I Social Penpect11-es pnnur.ualspnng 1006. Vo/.8, Num / /

Presentación I Presentation

.nfi rm research and to assist in
This effort was designed to b~tter r' o
ffective ways to address
.
.
d implementat1on o more e
.
fr
the ident1fication an. .
. . While much is to be garned oro a
American and Braz1han real'.ttes. . .
rtant to know and leam from
h findings 1t too 1s unpo
-r thi
sharing of researc .
' .
.th incarcerated youth. i o s
current socio-educat10nal _practtceds wh11 s were invited to participate
..
cademtcs an se o ar
.
·te
end practtttoners, a
.'
.
and expertise about Juveru
to share and exchange the1r expenence
justice, youth and delinquency.
Tbere were four project objectives:
l

m to capture essential informaElaborate an integrated da~ sysftite d
data of which will be
·
• t the J. uverule o en ers,
. t
tion relat1ve o
. .
. G d do Sul database relatmg o
incorporated in the ex1stmg Rio ran e

children and youlb;
.
t effective educational and
Id tt. fy and systemattze curren ,
2.
en
.
•h
th ffenders·
rebabilitative practtces w1~ you . o
hos: goals are to facilitate
. . pedagogic practtces w
3. Study pro~smg
. h diverse behavior profiles in tbe genera1
tbe educatton of youth w1t
4.

education system_; and
.
odels of evaluation to assess
Elaborate format1ve a~d sul
:ucational and rebabilitative
tbe effectiveness of imp eme
interventions used with youtb o:ffenders.

mm:::~e

. of ·uvenile issues, coupled witb
We believe that the complex1ty
J b d proposals tbat address
d lop lines of researc an
ffi
d
the urgent nee to eve
. . t ention require a team e ort
youth, delinquency, and effecttve m erv
'
cbaracterized by:
• A multidisciplinary focus;
d
tice with juveniles, tbeir
• Experience in tbe ~esearc~ ~ prac
educatioo, aod publtc se~unty,
ch questions and underlying,
• An understanding of pertment resear
system-related correlates;
·t ations in different cultural
• An ability to analyze complex s1 u
contexts;
. . . .
d.alogue .
• A capacity for multtd1sc1plinary 1

9

The Brazilian Team, brought together by the Federal University of
Río Grande Do Sul (UFRGS) consisted of the following professionals: Carmen Craidy, Ph.D. (Associate Professor, College of Education),
Merion Campos Bordas, Ph.D. (Associate Professor, previously Dean,
College of Education), Malvina Dornelles, Ph.D. (Associate Professor,
Coordinator, College of Education Graduate Program), Johannes Doll,
Ph.D. (Associate Professor, previously Vice-Dean, College of Education), José Vicente Tavares Dos Santos, PhD. (Director, Institute ofPhilosophy and Human Science), Claudia Lima Marques, JD (Associate
Professor, Coordinator, College of Law Graduate Program), and Oiga
Falceto, MD (Psychiatrist). They also included doctoral students. Legal aspects of the project were addressed by Child and Juvenile Judges
Eugenio Couto Terra, Leoberto Narciso Brancher, and Beatriz Gershenson Aguinsky as well as Simone Mariano da Rocha from the Office of
the Porto Alegre's District Attomey for Children and Adolescents.
The US Team consisted of the following professors at the University ofTexas (UT) atAustin: Nicbolas Shumway, Ph.D., Director, Institute of Latín American Studies; Lori Holleran, Ph.D. (Associate Professor of Social Work, UT); Sanna Thompson, Pb.D. (Associate Research
Professor, Scbool ofSocial Work, UT); David Springer, Ph.D. (Associate Professor of Social Work, UT); Michael Lauderdale, Ph.D. (Professor of Social Work, UT); Michael Churgin, J.D. (Professor in Law, UT);
and Robert Dawson, J.D. (Professor in Law, UT). The US team also included researcher/doctoral student Liliane Cambraia Windsor, LMSW,
and Ph.D. candidate in the UT School of Social Work. Tbe unique part
of this collaboration was, not only tbe interdisciplinary nature of the
teams, but also the link between researchers, academicians, and practitioners. The project was actually initiated by Forrest Novy, Ph.D.,
Director of Special Education, Rehabilitation Services, at the Texas
Youth Comrnission (TYC), the agency that serves incarcerated youth
in the state ofTexas. His colleagues from the Texas Youth Commission
who also participated in the project included: Dwight Harris, Executive
Director, Linda Selness Reyes. Ph.D. Deputy Executive Director Corrine Alvarez- Sanders, Ph.D., Assistant Deputy Executive Direc;or of
Rehabilitation Services, Deborab Nance, Ph.D.,Superintendent of Education, Rebabilitation Services, TYC, Neil Nichols, JD, General Counsel, Patricia Logtennan, MSW, Director of Treatment and Case Man-

�1O

/ Presentaci6n / Presenta/ion

h Director and Eric Fredlund,
agement Chuck Jeffords, Ph.D., ~esearlc . olved the Texas Juvenile
'
h An ¡ t Toe proJect a so mv
h
Ph.D. Researc
a ys ·
.
MS Director of Researc ,
Prob;tion Com.mission's Nancy ~g~na,
.,
MS
Research
Spec1ahst.
and John Posey,
.
. obJect1ves
. . w ere established for the period of the
Three overarchmg
project.
.
. 1 excellence in research and intemational
• To reach mtemattona
publications;
I' bment of doctoral students and
• 'T'o
open space for the accomp is
1
'
·
l level·
professionals at an i~temah?ºª. re ~rd to youth-at-risk through
• To contribute to bra10storrmng m g
the following
action~:
d data system to capture essential
0
Elaborate an mt~grate .
.1 offenders, data ofwhich
information relattve to _the Juve~ ~ Rio Grande do Sul
will be incorporated lll the ex1s g .
database relating to c~ildren an~ y::!;ive educational and
d .
f
with youth offen ers,
rehabilitativ~ ~rae ices ·e ractices whose goals are to
º Study prom1s10g p~agogtf p th with diverse behavior
facilitate the educatton o ~ou
. d
.
l educatton system, an
profiles m the genera
t' models of evaluation
0
ti
ative and summa tve
d
Elaborate orm .
f irn lemented educational an
to assess the ~ffecttve~ess o edpwith youth offenders.
rehabilitative mterventtons us

º ldentify and systemat1ze curren , e

.
gthen the respective institutions
Ali in all, the proJect w?uldh_stren at undergraduate and graduate
. . efforts m t ts area,
ed
professiona1trammg
h and new or elaborat course
levels through project offshoots, researc ,
curricula.
th first symposiurn was held. Scholars
On November 14-17, 2005, e . G d do Sul carne together at
Texas and Rio ran e
. .
fr
and practitioners om
. t d'1scuss youth and juverule JUS.
f Texas at Austlll o
.
d
the Univers1ty o
.
. uenc rehabilitation, educatto~, an
tice with an emphas1s on delmq d y ti rum in which to exam10e tbe
' .
· m presente a O
.
f
prevent1_on. The sympos~u . ed outh and youth at risk. It t~ ~art 0
intemattonal area of a_dJud1cat y U S nd Brazilian univers1ttes and
an ongoing collaborat10n between . . a

Revista Perspec1iras Sociales/ Social P=pectives primaveralspring 2006. Vol.8, Num. J/

11

comrnunity agencies.
Presentations included an overview of the juvenile justice systems
in the U.S. and Brazil and discussed education and prevention efforts,
legal policy implications, and rehabilitation programs in the two countries. As these vary greatly within each country, the focus was on the
states of Texas and Río Grande do Sul. A second symposium was held
August 2-5, 2006 in Porto Alegre, Rio Grande Do Su1. This meeting
, similar to the first symposium held in Austin, focused on Brazilian
laws, policies, and programs for adjudicated youth. Both the Brazilian
and US conferences were sponsored and financiaUy supported by Toe
University of Texas at Austin, School of Social Work and CAPES of
the Brazilian Ministry of Education.
'
This edition ofPerspectivas Sociales /Social Perspectives consists
of six papers presented by American scholars at the first Symposium
held in the United States. The next edition of this special topic will
consist of the papers presented by our Brazilian colleagues. A discussion of the history and current review of federal laws, procedures and
policies of the U.S. government with regard to youth is presented in,
"The Role of the Federal Government in Juvenile Justice" written by
Michael Churgin, ID (UT Law School). Two papers with perspectives
from service agency settings are included: John Posey, Texas Juvenile
Probation Commission, presents "Mentally Ill Offenders in the Juvenile
Justice System &amp; the Specialized Needs Diversionary Program," which
provides background information about mentally ill offenders in the juvenilejustice system, and the prograrn developed by Texas in response to
this gap entitled the Specialized Needs Diversionary Program (SNDP);
Forrest Novy, Ph.D and Eric Fredlu.nd, Ph.D, at the Texas Youth Commission, one of America's largest state juvenile correctional systems,
have subrnitted, "Accelerated, Ditferentiated Instruction on the Reading Achievement of Incarcerated Youth with Disabilities: Unexpected
Progress in a Time of Skepticism." This paper discusses clinical experiences and findings with differentiated, accelerated learning practices
with underachieving incarcerated adolescents with disabilities. Liliane
Cambraia-Windsor, doctoral student and Sanna Thompson, Ph.D, as- ·
sociate professor at the UT School of Social Work, present "Predictors
of violent juvenile behavior: Examining the impact of victimization

�lZ

/

Presentación / Presenta/ion

Revista Perspecllvas Sociales I Social Perspecti&lt;-es primavera/spring 1006. Vo/.8, Num. / /

.
" which explores the impact of youth, farru·1y,
and exposure to vt0lence
.
·te violent behavior through
and community-level pred~ct~rs odanJtauvesruwell as in-depth interviews.
a
.
f · ting quantttattve
analyses o exis
Utif . Adolescent Input m Substance
"Consulting :'ith the E~~~rts: ri~::g conceptual paper by Lori ~Use Preventton Efforts ,s ª. P
tiy
t the UT School of Social
.k Pb D assoc,ate pro essor a
Holleran Ste1 er, . . ,
. . . reality-based, relevant drug and alWork, about creatmg and utt_hzmg_ h
th From a substance abuse
.
ograrnrrung w1t you .
.
cobol prevention pr
.
.
Ph O Professor and Associate
treatment perspective, David S~nnger, . ' ts "Substance Abuse
S h00l 0 f Social Work, presen ,
Dean of the UT cnil Delinquents:
.
p romJ•sm·g and Not-So-Promising
J
Treatment for uve e .
.
th
nt literature and research
.
u
s
"
hich reviews e curre
.
Practices m the · · w
.
. d they all have powerful unon this issue. While ~he topics ~e vande m
· , tervention with adjudicated
. .
ti
ntton educatton, an
d
phcattons or preve . ,
f th Editors tbat the papers presente
and at-risk yout~. It i~ ~he h?;o:ial ~erspective/Perspectivas Sociales
here in this special edihon ~ .
d dd meaningfully to the body of
.
d . stice to the project obJectives an a
o
JU
.
.
•
th
and
delmquency.
knowledge about juvemle Justtce, you ,

Introdu~ao
. , dedicado ao traba/ho e a memória de Robert
Este número especial e . .
d' ·10 penal e processual, com um
ec,a!Lsta em 1re1
,,
SJD
P
Dawson,
, u"! es
. . .
·¡ autor de "Texas Juveni/e Law
foco especial na area da1ustu;a1m:e~l' 5ª d 2000) e "The Juvenile
(Texas Juvenile Probation Comm1sswn, e .,
Justice Process" (Foundation, 4ª ed., 2000).

ou com urna conversa. U m americano e um brasileiro
.
d
Tu o com~
- s a res eito de jovens de hoJe, urna
compartilharam suas preocupa9oe.
p s também com tanta for9a
tant desafios e nscos, ma
juventude com
os
.
A preocupar~o com a juventude
·d d de sobrev1venc1a.
,,,
XX
e tanta
capaci
a
e
e
pecífico
durante
o
seculo
.
,
nhou um elltoque es
nao e nova, mas ?ª(1987 507fl) nas sociedades desenvolvidas aconSegundo Ho~tem
, b a n~ passagem dos adolescentes para o
teceu nesta epoca urna quev~os fatores entre estes:
mundo adulto, causada por .
n.fi , ,el em rela91io a urna futura
• erda de urna perspectiva co a~
. .
~rofissao, que garanta condi96es dignas de vida,
A

•

13

• exagerada valoriza9ao da juventude, principalmente do corpo e da
estética jovem;
• mudans;as no sistema de valores das sociedades;
• fortalecimento de sub-culturas com tendencia de fechamento
contra outros grupos.
Neste contexto problemático, observa-se nos últimos anos um aumento do fenómeno da violencia, ao qua! sao expostos, de fonna especial, os jovens da faixa etária entre 15 e 24 anos, seja como vítima,
seja como agente desta violencia. Em compara96es intemacionais, o
Brasil ocupa o 4° lugar nas taxas de homicídio no que se refere a populas;ao em geral, e o 5° lugar na popula9ao jovem (Waiselfisz 2004).
Um outro dado preocupante neste contexto é o fato de que o número
de homicídios entre a populas;ao em geral ficou relativamente estável
desde 1980, enquanto, no grupo dos jovens, este número quase duplicou nos últimos 20 anos ( 1980: 30 homicídios para cada 100 mil; 2002:
54,5 homicídios para cada 100 mil; Waiselfisz, 2004). O problema de
urna maior vitimiza9ao da juventude encontra-se também nos Estados
Unidos; em relas:ao aos outros grandes grupos georegionais, América
Latina e do Norte sao as únicas regioes nas quais os homicídios juvenis
superam significativamente as taxas observadas na populas;ao em geral
(Waiselfisz, 2004).
O aumento do fenómeno da violencia, mesmo os jovens sendo mais
vítimas do que agentes da violencia, chama a atens;ao para o grupo de
jovens que entram em conflito com as regras da sociedade. O fato de
cometer atos infracionais na juventude ou demonstrar comportamento
divergente nao significa necessariamente que se trate de urna pessoa
com comportamentos antisociais, até porque estudos em muitos países
demonstrarn um aumento da delinqüencia entre jovens, que tende a diminuir com a entrada na fase da vida adulta (Montada, 1995). Em funs:ao disso, o grupo dos jovens que entram em conflito com as normas da
sociedade, precisam muito mais um tratameoto educacional do que punitivo. Este pensamento foi acolhido também pela legislas:ao brasileira
e levou em 1990 ao Estatuto da Crian9a e do Adolescente (ECA), que
possui um caráter protetivo e assume urna postura educativa em rela91io
aos adolescentes atores de ay0es infracionais.

�14

1

'

Revista Perspectil'Os Socia/es ¡ Social Pe
.
.
rspe&lt;:trves pnmaveralspring 2006. Vol.8. Num I /

/ Presentación / Presenta/ion

Apesar dos progressos no Brasil ero rela9ao ao campo da legislas;ao e dos direitos, existem ainda sérios problemas na transformas;ao da
doutrina da protes;ao integral, expressa no ECA, em as;oes educativas
junto aos jovens autores de atos infracionários, como levantamentos
recentes demonstram (Mapeamento Nacional da Situas;ao do Atendimento dos Adolescentes em Cumprimento de Medidas Sócioeducativas, 2002). Entre estes destacam-se os seguintes:
• falta de dados confiáveis e disponíveis relativos ao universo de
infras;oes de jovens;
• falta de comunicas;ao entre os responsáveis pelos jovens autores
de atos infracionais (sistema de justi9a: delegacia, promotoria,
juizado, poder executivo, ONGs que oferecem medidas
sócio-educativas);
• falta de urna rede estável de medidas sócio-educativas para
jovens infratores;
• falta de estudos sobre formas educacionais adequadas para este
grupo específico de jovens;
• apesar da existencia de várias iniciativas isoladas, faltarn
modelos de acompanhamento e de avalia9ao destas medidas.
Mas os desafios atuais nao existem somente em relas;ao as medidas sócio-educativas e a situas;ao das instituis;oes de intemas;ao, outra
tarefa importante é a própria educa9ao escolar regular, pois também
oeste campo, os pro:fissionais encontram cada vez maior di:ficuldade,
especialmente em relas;ao a jovens com comportamentos divergentes do esperado pelos professores e pela sociedade. Este fato remete
a necessidade de repensar elementos fundamentais do ensino escolar,
desde os objetivos (transmissao de conhecimento - educac;ao para um
comportamento social), passando pelas formas de trabalho didáticometodológico (trabalbando com a diferens;a ero urna perspectiva de inclusao) e principalmente a própria formac;ao dos professores para que
estes consigam lidar com os desafios novos de jovens com comportamentos divergentes.
Tendo em vista esta situas;ao, ficava evidente a necessidade de estudos aprofundados que consigam urna análise abrangente e profunda
e que envolvam os diferentes atores que lidarn com jovens autores de
atos infracionários, como pedagogos, assistentes sociais, policiais, juiz-

15

es, levando a necessidade de uro estudo
. . . .
ticipas;ao das diferentes cie .
d
_multtdisc1phnar com real parnetas e os diferentes gru
fi .
.
pos pro ss1ona1s.
outro aspecto importante e' ª a bertura para conh
1·
.
experiencias realizadas e
tr I
ecer, ana isar e discutir
desafios similares.
m ou os ugares do mundo que lidam com
Frente a estas questoes e com a a. d
Brasileiras e Ame ·
'
~u ª de agencias de fomento
ncanas, comes;ou a se d
1
junto de Faculdades da Univers·d d
esenvo ver _um esforc;o conuldade de Servis;o Social
t la e de :exas, e_
spec1almente da Fac.
, a qua se dedica em m ·
.
pesquisa ao estudo dos diferentes as e
umeros proJetos de
vens;ao e reabilitas;ao de jovens em ~tucto! do campo complexo da preFederal do Río Grande do Sul (UF;~Sa)s;ao d~ risco, e _da Uni~~rsidade
desde o início uro
. . ' Brasil. Tambero parttc1param,
juvenil dos d~is pare~.º:~ p:i:-:s10na1s qualific_a~os da área da justis;a
a idéia inicial, nascida numa tar~c~~, d~te~ parttc1~antes re~p?nderam
contros, foi concluída urna
mm~o. Apos urna sene de encas;ao no Brasil atrave' d prop~sta_e submettda ao Ministério de Edu.
,
s o seu orgao CAPES (C d
fe19oamento do Pessoal de Ensino Su e .
. o_or enas;ao do Aperdois Simpósios sobre Justic;a J
·¡ p nor), sohc1tando recursos para
encontros seria de apresentar :vem , u~ er cada país. O objetivo deste
em tratamento ed
'.s~ poss1ve , ampliar o "state of the art"
em conflito co~ a ~;~s:ao e pohhcas públicas a respeito de juventude
A

•

Este esfors;o visava urna maior divul .
para identificar e implementar fo
g~9ao d~ pesqmsas e um apoio
realidades americanas e b ·¡ . rmas ma1s efettvas nos contextos das
ras, etras Enquant
d
um compartilhamento de resultad~s de
o _se po : ganhar muito com
o quanto é possível de aprender das ~~squ1s~s,_ nao se pode esquecer
vens privados de liberdade Pa . praticas _soc1?-educativas com joda justi9a juvenil, pesquisadore:el::~~r:!:s:n;~a:antes no ~ampo
para compartilhar e trocar suas ex
oram convidados
bre justi~a juvenil, juventude e atopsem_nfrenc~as ~ ~eus conhecimentos soac1onanos.
• A

•

Foram acertados quatro objetivos principais:

l.

Elabora9ao de um sistema int
d0
essenciais relativos ao unive~~~
e

!

le~antame~to de dados
ay0es de Jovens a ser

�16

/ Presentación I Presenta/Ion

implantado no sistema de Justi1ya da lnfancia e da Juventude do
Estado do Rio Grande do Su!.
2. Registro e sistematiza,;:ao das fonnas de interven,;:ao educacional e
reabilitativa de jovens infratores.
3. Estudo de propostas pedagógicas que visam integrar os jovens com
comportamentos divergentes no sistema regular de ensino.
4. Elaboras;ao de modelos de avalia,;:ao formativa (acompanhando o
processo) e somativa (baseado nos resultados) de intervern;:oes
educacionais e reabilitativas referentes a jovens autores de atos
infracionais.
A complexidade da questao da juventude, bem como a urgente necessidade de desenvolver pesquisas, que permitam elaborar propostas
concretas neste campo, exige urna equipe que atenda as seguintes características:
• caráter multidisciplinar;
• experiencia em estudos, pesquisas e as;oes na área da juventude,
da educas;ao e da segurans;a pública;
• compreensao do problema de pesquisa nas suas rela,;:oes
sistemicas;
• capacidade de análise de situa,;:oes complexas em diferentes
contextos culturais;
• capacidade para um diálogo interdisciplinar.
O grupo brasileiro da Universidade Federal do Rio Grande do Sul
incluiu os seguintes professores: Carmem Craidy (doutora, professora
titular, Faculdade de Educa,;:ao), Merion Campos Bordas (do utora, professora titular, Diretora da Faculdade de Educa,;:ao), Malvina Domelles
(doutora, professora titular, Coordenador o Programa de Pós-Graduas;ao em Educa,;:ao), Johannes Doll (doutor, professor adjunto, ViceDiretor da Faculdade de Educa,;:ao), José Vicente Tavares dos Santos
(doutor, professor titular, Diretor da Faculdade de Filosofia e Ciencias
Humanas), Claudia Lima Marques (doutora, professora titular, Coordenadora do Programa de Pós-Gradua9ao em Direito) e Oiga Falceto
(doutora, professora adjunta, Faculdade de Medicina). Também participaram alunos dos programas de pós-graduas;ao. Aspectos legais foram
abordados pelos Juizes de Juventude Eugenio Couto Terra e Leoberto
Narciso Brancher e a assessora Beatriz Gershenson Aguinsky (doutora

Re&gt;ista Perspec11ms &amp;x,ales / Social Pers
.
.
pec/,ves pmnm'ero/spring 2006. Vo/.8, Num 1 /

17

~m Servi90 Social), bem como a Pr
.
Juventude Simone Mariano da R h omotora de Justis;a da infancia e
oc a.
O. grupo dos Estados Unidos abran e
.
da Umversidade de Texas A f . N' g u os segumtes professores
tordo Instituto Latino-am~ric~:~n. L ic~olas Shumway (doutor, Direda Faculdade de Servi,;:o Social/s on HoJleran (doutora, professora
sora da Faculdade de Se . S, . anna Thompson (doutora, profes.
rvi9o ocia!) David s ·
(d
D rretor da Faculdade de Serv· S . '
pnnger outor, Viceprofessor da Faculdade de
oo~1al~, Mich~el Lauderdale (doutor,
professor da Faculdade de D' ·t,;:) octal), M1chael Churgin (doutor
rrei o e Robert Da
(d
'
sor da Faculdade de Direito). Também ti
wson _outor, profestoranda Liliane Cambraia w· d d ez parte a pesqmsadora e douextraordinário aspecto &lt;leste m ~o; a_Fac~ldade de Servi90 Social. O
disciplinar mas tambe'm . ptroJe º~ nao fo1 somente seu caráter inter,
a m egra9ao de
· d
profissionais atuantes na prátic O
. pes_q_u1sa .ores, professores e
Forrest Novy, doutor e Diretor ~~ EproJet~ fo1 ide~li.zado e iniciado por
abilitas;ao da Texas Youth C
. d_uca,;:ao Especial do Servi90 de Reomm1ss10n (TYC) a agA ·
com os jovens privados de liberdad
,
encia que trabalha
Youth Comission que tamb ,
_e _em Texas. Seus colegas da Texas
H .
em part1c1param no p · t fi
ams, Diretor executivo Lind S ln
roJe o oram: Dwight
ecutiva adjunta Corri A,1 a e ess Reyes, doutora, Diretora ex.
'
ne varez-Sanders do t
D'
ad~unta do Serviro de R b'l·
~
'
u ora, lfetora executiva
Y
ea 11ta9ao Deborah Nan d
tendente de Educa,;:ao do S . d '
..
ce, outora, SuperinConselho geral Patri· . L erv190 e Reab1hta9iio, Neil Nichols doutor
,
era ogterman me tr D.
,
,
ministrafiio de casos, Chuck Jeffi , s e, u:etor de tratamento e adFredlund, doutor, pesquisador Oords: doutor, Drretor de pesquisa e Eric
da Liberdade assistida de jove~s ::+:::t;;~veu ta~bém a Comissiio
retora de pesquisa e Jobn p
'
~y Arrigona, mestre, Diosey, mestre, pesqmsador.

s::

Foram determinados tre b· ·
projeto:
s o ~et1vos fundamentais para a fase do
• ~lcan,;:ar excelencia internacional do
mclusive publica9oes intemaci
. s trabalhos e pesquisas,
• ab .
ona1s;
rn espa9os para a realizafiío de dout
.
pós-doutorado em n'
.
.
orado sandu1che e de
1
ive mternac1onal ·
• contribuir
para a busca de solu,;:oes' em rel .
.
s1tua9ao de risco Nest , ltim
a,;:ao a Jovens em
.
eu
o ponto estao previstos os seguintes

�l&amp;

¡ Presentación / Presentation

sub-objetivos:
.
. tegrado de levaDtamento de
0
Elabora9ao de um stst~ma m
.
d infravoes de
dados essenciais relativos ao umver~o . e d "nf'ancia e
.
ser implantado no sistema de Just19a a t
Jovens ª
d Ri Grande do Sul.
da juventude ~o Esta~o ~ ~as formas de interven9ao
o Registro e s1stematiza9ao .
.
educacional e reabilitativa de Jovens mfr~tores.. t
os
0
da , . s que vtsam m egrar
t
Estudo de propoS as pe gogica
· t
regular de
.
Jovens
com comportamentos divergentes no sis ema
ensino.
~
elos de avalia9ao formativa
0
Elabora9ao de mod
somativa (baseado nos
(acompanbando . o proc:,s:;) edeucacionais e reabilitativas
resultados) de mterven90
.
.
.
referentes a jovens autores de atos mfrac10na1s.
.
e
No total o projeto devena
re1or9ar
os esforvos das
, respectivas
'vel inde
'
fi . ais competentes Desta area, em ru .
stitui9oes em !ormar pro- ss10: , de projetos e sub-projetos, pesqmsa
gradua9ao e pos-gradua?ªº• a aves
e desenvolvimento cumcular.

t u 0 primeiro simpósio.
De 14 a 17 de novembro de 2005 aconR~ceGrande do Sul enconfi · ·s de Texas e to
Pesquisadores e pro sSionai
A stin para discutir questoes
u
·
rsidade de Texas em u
traram-se na mve
. . .
·¡ om enfase na reabilita9ao, edureferentes ajuventude e JUSh~a JUveru 'et
fórum no qual foi anali~ O simpós10 represen ou um
ca9ao e preven9ao.
.
m conflito coro a lei e jovens
· t acional de Jovens e
sada o campo m _ern
fi
faz parte de urna colabora9ao em
em situa9ao de ns~- D~sta orma, . as e brasileiras e as agencias
andamento entre umvers1dadcs amencaD
que atuam nesta área.
- .
,
urna visao geral sobre os sistemas J~As apresenta9oes ~clurra: d E tados Unidos e Brasil e discuttrídicas voltadas para a Juventu e. os . s lica9oes de políticas públicas
ram educa9ao e esfo~~os ~revent~:~:• i;:es Como isso varia muito em
e programas de reabtlitar¡:ao D~s
~tado~ de Texas e Rio Grande do
cada um dos países, ~ ~oco fot nos
di 1 a 3 de agosto de 2006
O
do simposio acoDteceu DOS as
fi
Su!. segun
.
d d S 1 Este encontro, da mesma orma
em Porto Alegre DO Rio G~an e ~ u . leis Brasileiras, as políticas e
como o primeiro em AustlD, estu ou as

Revista Perspeclivas Sociales / Social Perspec1ives pnmm,era/spring 1006. n,1.8, Num. / /

19

os programas para jovens em confüto com a lei. Ambas as conferencias
foram financiadas pela Universidade de Texas, Austin, Faculdade de
Servi90 Social e a CAPES do Ministério da Educar¡:ao do Brasil.
Este número de Perspectivas Sociales/Social Perspectives consiste em seis trabalhos apresentados por pesquisadores americanos no
primeiro simpósio, realizado nos Estados Unidos. O próximo número
deste tema especial trará os estudos apresentados de nossos colegas
brasileiros. Urna discussao da história e urna revisao das atuais leis
federais, procedimentos e políticas do Governo dos Estados Unidos
voltados para a juventude é apresentada pelo Prof. Dr. Michael Churgin
(Faculdade de Direito da UT) em seu artigo "The Role of the Federal
Government in Juvenile Justice". Dois outros artigos trazem a perspectiva das agencias em relar¡:ao ao tema: John Posey, Texas Juvenile Probation Commjssion, apresenta "Mentally Ill Offenders in the Juvenile
Justice System &amp; the Specialized Needs Diversionary Program," um
trabalho que traz inforrna9oes sobre jovens com doenr¡:as mentais no
sistema da justir¡:a juvenil e sobre o programa desenvolvido em Texas
para atender este grupos especial com o nome "Specialized Needs Diversionary Program" (SNDP); Dr. Forrest Novy e Dr. Eric Fredlund da
Texas Youth Commission, um dos maiores sistemas estaduais de correyao juvenil dos Estados U rudos apresentam o trabalho "Accelerated,
Ditferentiated Instruction on the Reading Achievement of Incarcerated
Youth with Disabilities: Unexpected Progress in a Time of Skepticism."
Este artigo discute as experiencias clínicas e os resultados com um diferenciado, acelerado programa de estudos para adolescentes com necessidades especiais privados de liberdade com defasagem escolar. Liliane Cambraia-Windsor, doctoranda, e Profa. Dra. Sana Thompson da
Faculdade de Servir¡:o Social da UT apresentam "Predictors of violent
juvenile behavior: Exam.ining the irnpact of victÍmjzation and exposure
to violence", um estudo que explora o impacto de juventude, família
e fatores comurutários ao comportamento violento de jovens através
da análise de dados quaDtitativos já existentes e através de entrevistas.
"Consulting with the Experts: Utilizing Adolescent Input in SubstaDce
Use Prevention Efforts" é um trabalho principalmente conceitual da .
Profa. Dra. Lori HoUeran Steiker da Faculdade de Serviyo Social da
UT sobre a cria9lio e utiliza9ao de programas preventivas de álcool e
drogas para jovens, desenvolvidos a partir das suas realidades. Do pon-

�20

/ Presemaci6n I Presentation

to de vista de tratamento de dependencias , Prof. Dr. David Springer,
Vice-Diretor da Faculdade de Servil;;o Social da UT, apresenta "Substance Abuse Treatment for Juvenile Delinquents: Promising and NotSo-Promising Practices in the U.S.", um trabalho que revisa literatura
atual de pesquisa sobre este assunto. Enquanto os tópicos abordados
sao variados, todos possuem urna forte relavíio com prevenyíio, educayíio e intervenylio com jovens em conflito com a lei e em situayíio de
risco. Os editores esperam que os trabalhos apresentados nesta ediyíio
especial de Social Perspective/Perspectivas Sociales estíio de acordo
com os objetivos e representam urna contribuiyíio significativa para os
conhecimentos sobre justiya juvenil, juventude e delinqüencia.

References
Dawson, R. O. (2000). Texas Juvenile Law, Texas Juvenile Probation
Commission, 5th edition.
Dawson, R. O. (2000). The Juvenile Justice Process, Foundation, 4th
edition.
Hornstein, Walter. ( 1987). "Jugend: Strukturwandel und Problemlage ", In Hanns Eyferth, Hans-Uwe Otto and Hans Thierscb (orgs.).
Handbuch zur Sozialarbeit/Sozialpadagogik, Neuwied, Darmstadt,
Luchterband, pp. 506-520.
Montada, Leo. (1995). "Delinquenz", In RolfOerter and Leo Montada
(orgs.), Entwicklungspsychologie: ein Lehrbuch, Weinheirn, Psychologie Verlagsunion.
Waiselfisz, Julio Jacobo. (2004). Mapa da violencia IV. Os jovens do
Brasil. Juventude, Violencia e Cidadania. Brasilia, UNESCO, Instituto
Ayrton Senna, Secretaria Especial dos Direitos Humanos.

ENSAYOS - ESSAYS

�Revista Perspecti&gt;VJS Sociales / Social Perspectfres prima&gt;v:ralspring 1006. Vo/.8, Num / / Pág. 13-52

23

Substance Abuse Treatment for Juvenile Delinquents:
Promising and Not-So-Promising Practices in the U.S.
David W. Springer*

Resumen
Al trabajar con jóvenes deLinquentes los trabajadores sociales deben
desarrollar una sensibilidad con relación a los factores de riesgo que
influyen fuertemente la reincidencia. En un estudio reciente de Rivaux,
Springer, Bohman, Wagner y Gil (en prensa) se observó que el consumo
de drogas predijo la reincidencia individual en la misma medida que una
edad más avanzada y el género masculino. Estos resultados subrayan la
necesidad de poner el enfoque en la prevención y la intervención temprana en comportamientos delictivos, sobre todo para el caso de jóvenes
drogadictos y para varones. Este estudio detectó asimismo que mayores
niveles de problemas familiares predijeron la reincidencia en el caso de
jóvenes latinos, en tanto que mayores niveles de problemas psicológicos
predijeron la reincidencia para jóvenes afro-americanos. El conocimiento
de estos predoctores ayuda a los trabajadores sociales a establecer los
riesgos y a enfocar la intervención en fonnas culturalmente útiles_

Abstract
When worlcing with youth who have committed crimes, social workers
should be sensitive to the risk factors that have the greatest impact on
recidivism_In a study recently conducted by Rivaux, Springer, Bohman,
Wagner and Gil (in press), substance abuse predicted recidivism individually as did older age and being male_These findings highlight the need
for a focus on prevention and early intervention services with delinquent
behaviors, particularly for substance-abusing youth and formales. This
• David W Springer is Associale Deanfor Student Ajfairs al the The University o/Texas
al Austin Schoo/ o/Social Work, Austin, TX 78712
ISSN 1405-11 33 0 2006 Universidad Autónoma de Nuevo León, Univers,ty ofTexas ofAustin,
University ofTexas of Arlington, Our Lady oflhe Lorc Universily, University ofTennessee,
Universidad Juárez del Estado de Durango.

�24

/ Substance Abuse Treatment for Juvenile De/inquents:
Promising and Not-So-Promising Practices in the U.S.

study also found that greater levels of family problems pre?icted recidivism for Latino youth, while increased levels ofpsychological problems
predicted recidivism for A:frican American youth. Kn~wledge_ of these
predictors could help social workers in assessments of nsk and m targeting interventions in a culturally useful way.

Palabras claves/ Key Words
Drogadicción, tratamientos, resultados, delincuentes juveniles
Substance abuse, treatments, results, juvenile delinquents
1•''1

Introduction

l

Adolescent substance abuse and juvenile delinquency are interrelated
and complex problems that remain prevalent and problematic ~ the
United States. Approxímately 70 percent of all twelfth-graders m the
U.S. report alcohol use, 38.8 percent report illicit drug use, and 34.3
percent report marijuana use during the past year (Jo?-°ston, ?'Malley,
and Bachman, 2004). According to the Office ofApplied Stud1es (2004),
more than ten percent of all adolescents report using illegal drugs in the
pastmonth. More than 340,000 adolescents state they smoked marijuana
in 2004 and 536,000 youths report using marijuana more than ~O d~ys
in the past month. The problem is even more severe when cons1denng
rates of adolescent alcohol consumption. More than 17 percent of all
American adolescents say they drank alcohol within the past month
and over 30 percent of 16-17 year old youth report they currently drink
alcohol. Over 20 percent are binge drinkers, meaning they had five or
more drinks on the same occasion at least once in the past 30 days (Office of Applied Studies, 2004).
In terms of alcohol and/or drug (AOD) use among various racial/
ethnic groups, studies have shown important differences in the p~evalence of AOD use (Vega and Gil, 1998), in the risk factors assoc1ated
with AOD use (Vega and Gil, 1998; Vega, Zimmerman, Gil, Warheit,
and Apospori, 1993), and in protective factors that lessen subs~ce use
(Vega and Gil, 1998). Broadly speaking, epidemiological stud1es ~ave
found adolescent substance use rates to be highest among Caucasrnns
and lowest among A.frican Americans. More specifically, 11.1 percent

Revista Perspectivas Sociales / Social Perspec/ives primaveralspring 2006. Vo/.8, Num. ¡ ¡

25

of Caucasian ~dolescents have used illicit drugs, compared with 10.2
percent ofLatinos, and 9.3 percent ofAfrican Americans.
Toe FBI ~2002) reports over 2.3 million arrests in the U.S. ofpersons
under age 18 m 2001. Juveniles accounted for 17 percent ofall arrests 15
percent of all violent crime arrests, and 21 percent of all property crime
arrests. Seventy-two percent of all adolescent arrestees were males·
~ow~ver, between 1992 and 200 l, the increase in crime rates was mor;
s1gnific~nt for_female adolescents than formales. Toe number ofjuvenile
arrests mvolvmg drug offenses increased by 169 percent from 1990 to
1999 (S!'1hl,_~003). A_disproportionate percentage of juvenile arrests
~re o~ m~o~ties; there 1s an overrepresentation of minorities in the U.S.
Juvemle JUsttce population despite the fact that this overrepresentation
&lt;loes not appear to be due to higher rates of criminal activity (Kaestner
Frank, Marel, and Schmeidler, 1986).
'
Adolescent Substance Use and Juvenile Delinquency

Research indicates a significant association between adolescent AOD
use/abuse and delinquency (Dembo, Pacheco, Schmeidler Fisher and
Coope~, 1997; Buizinga, Loeber, and Thomberry, 1994; R~ssow, Pape,
~nd W1chstrom, 1999). Incarcerated adolescents are three times more
likely to have partaken in substance use in the past year than other adolescents, and juvenile offenders are more likely to have substance use
problems (Office ofApplied Studies, 2003, Molider, Nissen, and Watkins
2
002). ~ !he last decade, the percentage of arrested male youth tha;
~sted pos1tive for a~ illegal drug increased by at least 30 percent (Terry,
anderWaal, McB~de, and ~uren, 2000). Moreover, delinquent youtb
are generally more mvolved m their substance use than non-delinquent
Substance users, and, among delinquents, juveniles with more intense
Substance use demonstrate more violent offenses (Sealock, Gottfriedson
and Gallagher, 1997).
'
~eplin: Abr'.1111, McClelland, Duelan, and Mericle (2003) conducted
an ~pide~olog1cal_ study to examine psychiatric disorders in 1,800 ju-.
verule de~quents m Cook County, Illinois. They found that the most
c?mmon disorders were substance use disorders and disruptive behavior
disorders, such as oppositional defiant disorder and conduct disorder.

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¡ Substance Abuse Treatment for Juvemle Delinquents:
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More specifically, Teplin and her colleagues_ found _that 6_6% ofboy~ ~d
74% of girls met criteria for at least one diagnosis. _Grrls _met entena
in significantly greater numbers for affective and a_~ ety d1so~ders_ and
boys met more commonly met criteria for externahzmg behav1or disorders such as ADHD and substance use. Half of boys and girls (5?% and
47%, respectively) met criteria for at least one sub~tance_ abuse disord~r.
Toe ex.isting literature also reveals a strong relat1onship between history of abuse and both current substance use and ~elinq~ency._ Because
of the association between substance abuse and Juvemle ~ehn_quen~y,
the reduction of AOD use is critical to treating and preventmg Juverule
delinquency.

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training or career counseling, and wilderness cballenge prograrns.

In instituti?nal settings, evidence of effectiveness has been demonstrated
for_b_ehav10ral programs (cognitive mediation and stress inoculation
tram~~g), long~r-term community residential programs (TCs with
cogrutiv~-?ehav10ral approaches), multiple services within residential
c?mmurut1es (case ~~nagement approach), and skills training (aggress1on replacement trammg and cognitive restructuring). More research is
needed to determine the effectiveness of day treatment centers as there
~ere too few studies to review. Those programs which have be;n shown
meffective are juvenile boot camps, short-term residential facilities and
State training schools.
'

Literature review
Following a number of critica! reviews of evaluations, in particular
Lipton, Martinson, and Wilks (1975), the accepted wi,~dom_in the fiel?,
related to substance-abusing juveniles became one of nothin~ works.
Recent research with this population has been more encouragmg.
Lipsey and Wilson (1998) conduct~ a meta_-analysis o~ experimental or quasi-experi.rnental studies of mterventions for senous ~nd
violent juvenile delinquents. They reviewed 200 programs'. 83 _o f ~hich
involved institutionalized juveniles and 117 involved nomnstJtutJonalized juveniles. McBride et al. ( l 999, p. 58) summarize the findings of
Lipsey and Wilson's meta-analysis.
Arnong the programs in noninstitutional settings, ~ose that de~onstrate good evidence of effectiveness include behav1oral therap1es
(family and contingency contracting), i~te~sive case ma~ageme~t
(including system collaboration and contmumg care),. multlsysteffilc
therapy (MST), restitution programs (parole_- and probatlon based), and
skills training. Program options that reqmre more research to document their effectiveness include twelve-step programs (AA, NA), adult
mentoring (with behaviorally contingent reinforcement): aft~r-sch?ol
recreation programs, conflict resolution/violence preventlon'. ~tens1ve
probation services (IPS),juvenile versions ofTASC, p~r medi~tJon, and
traditional inpatient/outpatient programs. Program options which d? not
show evidence of effectiveness include deterrence programs, vocatlonal

Arn~ng the guidin~ principies in their review of the existing literature
on effect1ve programnung for substance-abusing adolescents McBride
Vanderwall, Terry, and Van Buren ( 1999) asserted that three co;e elemen~
are needed: (1) intervention must take place early when it has the best
chan~e ofreversing or ameliorating problem behaviors; (2) adolescents
~ntenng the system must undergo a cornprehensive needs assessment
m order to tailor interv~ntions to each juvenile's unique needs; and (3)
onc~ needs have been tdenti.fied, adolescents must be provided with a
flexible and co~prehensive continuum of care that offers the full range
of rele~ant serv1ces needed for effective intervention (cited in Dembo,
Schme1d1er, and Walters, 2004). Juvenile assessment centers a recent
development in juvenile justice, help to meet these elements. '

JuvenUe Assessment Centers and Juvenile Addiction Receiving
Facilities
AJuvenileAssessment Center (JAC) is a centratized intake system where
la~ enforcement can drop off youth charged with truancy, felonies, and
llllsdemeanors generally quickly, usually within ten minutes (Springer
Sha~er, and McNeece, 1999). The first JAC was developed in Tampa:
Flonda, where funds were obtained through competition from Drug
Abuse Act of 1988 (Byrne Grant) funds. In the mid-1990s, the Center.
for Su_bstanceAbuse Treatment (CSAT) became interested in JACs as an
effective approach to intervene with juvenile offenders with substance
abuse problems (Dembo, Schmeidler, and Walters, 2004). JACs and

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Promising an¡:I Not-So-Promising Practices in the U.S.

community assessment centers (CACs) now exist across many cities and
states in the U.S., including Kansas, Colorado, and Florida.
Toe purpose of designing JACs was to help ens~e that yout~'
service needs are addressed in disposition recommendanons and to link
at-risk or troubled youth and their families with needed services (Dembo,
Schmeidler, and Walters, 2004; Springer, Shader, and McNeece, 1999).
While the cornerstone of JACs is screening and assessment systems,
the Office of Juvenile Justice and Delinquency Prevention (OJJDP) has
identified four common elements of the CACs they have funded (Oldenettel and Wordes, 2000, pp. l-2).
1. Single point of entry: a 24-hour centralized point of intake and
assessment for juveniles who have come or are likely to come into
contact with the juvenile justice system.
2. Immediate and comprehensive assessments: service providers
associated with the JAC make an initial broad-based and, if
necessary, a later in-depth assessment of youths' circumstances and
treatment needs.
3. Management information systems: needed to manage and monitor
youths, help ensure the provision of appropriate treatment services,
and avoid duplication of services.
4. Integrated case management services: JAC staff use information
obtained from the assessment process and the management
information system (MIS) to develop recommendations to improve
access to services, complete follow-ups of referred youths, and
periodically reassess youths placed in various services.
Regarding the above criteria, Dembo, Schmeidler, and Walters
(2004) clarify that in-depth assessments are often completed following
the JAC processing, that MISs vary in their comprehensiveness and sophistication, and that the provision of case management services is often
limited to subsets of processed youths, such as those placed in diversion
programs.
If a youth is intoxicated or requires non-emergency medical screening
or care, he or she is brought directly to the Juvenile Addiction Receiving
Facility (JARF), when one is available, which is a complete detoxifica-

tion unit. JARFs are generally closely associated with the JAC, often
in the same building, and if not, at least in the same vicinity. A JARF
is typically a traditional detoxification model that provides short-term
residential care, consisting ofdetoxification, stabilization, and substance
abuse services (Springer, Shader, and McNeece, 1999).
Dembo and Brown (1994) examined 11 O truant juveniles brought
to a JAC in Tampa, Florida, and found that it successfully identified
multiple-problem, high risk youth. Ofthese youth, approximately 96%
indicated a potential problem in peer relations; 82% indicated a potential problem in mental health status; and between 33% and 47% hada
potential problem in substance abuse, physical health, family relations,
and vocational status. Springer, McNeece, and Shader ( 1999) conducted
a study assessing six JACs/JARFs in Florida, and similar to Dembo and
Brown, they found that the primary presenting problems of the juveniles
presented were peer relations, family relations, mental health, substance
abuse, physical health, and school or vocational issues. Many ofthe staff
across the JACs and JARFs appeared stressed because ofhigh caseloads
or inadequate work settings. Additionally, they found that a common
thread across well-run JACs was an energetic and hard working director
with strong interpersonal and mediation skills.
DrugCourts

Toe entire U.S. criminal justice system has undergone a radical transformation due to the impact of the substance abuse problem and -the
increasing number of offenders arrested on drug-related charges. Since
the early 1980s,jails and state and federal prisons have become inundated
with drug offenders. In many states, prisons have been forced to adopt
a "revolving &lt;loor" approach to incarceration, with new admissions (primarily for drug offenses) coming in the front &lt;loor and literally pushing
other, sometimes more serious offenders, out the back door.
Toe federal response to the drug problem was to declare a "War on
Drugs" and to establish mandatory sentencing requirements as a oondi-·
tion of financia} assistance to the states' criminal justice agencies. These
tactics had at least three repercussions: (1) an escalation in the number of
persons incarcerated for drug-related offenses; (2) overcrowded prisons;

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and (3) increases in the number of early releases from prison.
Toe number of felony drug arrests has skyrocketed, court dockets
have burgeoned, and available resources for addressing ~he proble~ a~e
severely lim.ited. It has become obvious that arrest _and mcarcerahon ts
not a solution. It does little to break the cycle of 1llegal drug use and
crime. Furthermore, offenders sentenced to jail or prison for dru~ offenses
have a high rate of recidivism after their release. At the sa~e ttme, drug
abuse treatment has been demonstrably effective in reducmg both drug
abuse and drug-related crime (NIDA, 1999).
Since treatment for substance abuse addiction is seen as a key component in preventing re-offenses, the need for altemativ~ programs is
evident. A promising and innovative approach to the growmg substance
abuse problem is the establishment of diversionary programs ~o~ as
drug courts. Two main types of drug courts exist: those orgaruzed _stmply to speed up the processing of drug offenders and those that exist to
provide treatment to offenders. Toe focus here is on treatment-oriented
drug courts.

l

1

Toe idea of dedicating specified courtrooms solely to drug cases is
not new. Special drug case courtrooms were created in both Chicago
and New York City in the early 1950s. More than two decades ago,
when heroin was the primary drug of choice among offenders in New
York City, a special ''Narcotics Courts" was created as a way of dealing with the impact ofthe new, harsher drug laws. Other ~p~roa~hes_ to
link offenders to drug treatment at various points of the crurunal JUshce
process have also been tried over the past 20 years. Drug courts evolved
from existing efforts to engage defendants in treatment, such as Treatment Altematives to Street Crime (TASC), limited diversion programs,
pretrial release programs, probation and intermediate sanctions programs.
However, these earlier efforts were frequently fragmented, inconsistently
or inappropriately used, or only minimally effective. Consequently, it
was diflicult to monitor treatment progress or compliance with courtimposed conditions (cf. Belenko, 1990; 1998; Falkin, 1993; Mahoney,
1994).
In 1989, the first treatment-focused drug court was established by

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Janet Reno, the sitting State Attomey for the eleventh Judicial Circuit
(Miami, Florida). Toe Miami Drug Court has served as a model for the
development of many other courts throughout the nation. Drug courts
have since proliferated.
As ofDecember 31, 2004, there were 1,621 operational drug court
programs in the U.S. (357 ofwhich werejuvenile drug courts), a 37%
increase from 2003 (Huddleston, Freeman-Wilson, Marlowe, and Roussell, 2005), and drug courts are now operating in all 50 states, 3 U.S.
territories (Guam, Puerto Rico, and the Virgin Islands), and 8 countries
(Belenko, DeMatteo, and Patapis, in press).
Toe drug court model differs in important ways from previous efforts
to provide drug treatment to offenders with underlying drug problems.
Toe drug court model creates an interface between the various components of the criminal justice and substance abuse treatment systems in
order to use the coercive power of the court to promote abstinence and
prosocial behavior(Belenko, 1996; Fino andNewlyn 1993· Goldkamp
' in sorne
' juvenile'
1998). While participation is generally voluntary (except
drug courts), offenders must adhere to program requirements in order to
successfully complete the program. In addition to receiving treatment
~t no or little cost to them, offenders may also be inclined to participate
m drug court programs because many programs offer possible expungement of the offenders' criminal records upon successful completion of
the program. Por sorne offenders, the opportunity to have one's record
expunged is a strong incentive to participate. In keeping with the AA
philoso~hy (Miller, 1995), total abstinence from day one of the rec~very
pr~cess 1s not expected. Most therapeutic drug courts expect that relapse
':111 be a part of a normal recovery process. Clients are generally sancttoned or reprimanded, but are not dismissed from the program because
of one or two "slips." This is driven by the assumption that relapse is
"an unfortunate characteristic of addiction" that should be viewed as an
oppo~ty to evaluate the client's treatment and recovery plan, rather
than a s1gn oftreatment failure (Miller, 1995, p. 269).
Toe mission of drug courts is to eliminate substance abuse and the
resulting criminal behavior through a "team e:ffort that focuses on sobriety
and accountability as the primary goals" (Drug Court Program Office,

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Promising and Not-So-Promising Practices in the U.S.

1997, p. 8). The team of professionals generally includes the state attomey, public defender, pre-trial intervention or probation staff, treatment
providers, and tbe judge, who is considered to be tbe central figure on
the team. The primary goals of drug courts are to reduce drug use and
associated criminal behavior by engaging and retaining drug-involved
offenders in programmatic and treatment services; to concentrate and
coordinate expertise about drug cases in a single courtroom; to address
other defendant needs througb clinical assessment and case management; and to free judicial, prosecutorial and public defense resources
for adjudicating non-drug cases (Belenko, 1998).
Tbere bave been several studies or evaluations of drug court programs. In a recent meta-analysis ofdrug court programs, Belenko (1998)
concluded tbat:
1 '

Drug courts have been more successful than other forros of community
supervision in closely supervising drug offenders in the community through
frequent monitoring and close supervision including mandatocy frequent
drug testing, placing and retaining drug offenders in treatment programs,
providing treatment and related services to offenders who have not received
such services in the past, generating actual and potential cost savings and
substantially reducing drug use and recidivism while offenders are in the
program. Based on more limited data and to a lesser but still significant
extent, drug courts reduce recidivism for participants after they leave the
program. Perhaps equally important for the future of the criminal courts
system, drug courts have demonstrated the feasibility of employing a
team-based, problem solving approach to adjudicating offenders with drug
problems in a way that appears to reduce system costs and improve public
safety. (p. 12)

BootCamps
A brief review of boot camps is warranted because of tbeir popularity
in the U.S. in the era of treating offenders with retribution and punishment. Today's boot camps can be traced back to the United States' first
penitentiaries at tbe turn of the 19th century, which used military-style
marches, physical labor, and discipline (Rothman, 1990). Most local
and state boot camps (also known as shock incarceration) are designed

for firs_t of'.fenders and stress discipline, physical conditioning, and strict
authontanan control (McNeece, 1997). Juvenile delinquent bootcamps
have ~own in popularity over the last several years dueto the populaces'
mentahty that these adolescents need more discipline in their lives. The
boo~ cam~s ~hilosophy is based on breaking down and then building up
tbe Juverule m a quasimilitary setting (Parent, 1989).
_ Many criminologists believe that boot camps do not make a long-term
llllpact on juveniles because they do not meet the needs of the offenders
and that in fact rearrest rates of boot camp graduates are no different
than other inmates (MacKenzie, 1994). Lipsey's (1992) well-k:nown
meta-analysis oftreatment for juvenile offenders revealed that deterrence
programs, such as boot camps, actually had negative treatment effects
on delinquent youths. In short, it appears that despite their popularity
among U.S. politicians, juvenile boot camps are not cost-effective and
do not deliver positive treatment effects for juvenile offenders when
compared to traditional services sucb as probation or parole (cf. California
Youth~utbority, 1997; Peters, Thomas, and Zamberlan, 1997; Trulson
and Tnplett, 1999). Media attention is beginning to reflect sorne of the
pr~blems ass~ciated with boot camps, with the most recent example
b~mg the trag1c case of Martín Lee Anderson, a 14-year old male who
~1ed after workers at a Florida boot camp restrained and hit him. At tbe
time of this writing, no charges had yet been filed in the case but state
authorities had shut down the boot camp.
'

Therapeutic Communities
A therapeutic community is generally a residential treatment environment_ where t~e drug user's cbange in conduct, attitudes, values, and
emottons are llllplemented, monitored, and reinforced on a daily basis
(DeLeon, 1986). Therapeutic communities view drug abuse as deviant behavior and believe substance abusers require holistic treatment to
engender global c~ange. Tr~atment is sequenced in phases, and phase
advancement reqmres th~ cli~nt to progress behaviorally, emotionally,
and developmentally (J~mchill, Hawke, De Leon, and Yagelka 2000). ·
Proponents of therapeuttc communities consider the problem to be the
substance abuser him or herself, not the drug(s), and the addiction is a
symptom, not tbe essence of the disorder (Pan, Scarpitti, Inciardi, and

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Promising ami Not-So-Promising Practices in the U.S.

Lockwood, 1993).
In the case of work with adolescent substance abusers in therapeutic
cornmunities, forros of Positive Peer Culture (PPC) are often used to
facilitate group treatment. Positive Peer Culture, developed by Harry
Vorrath, was heavily in:fluenced by a peer-oriented treatment model called
Guided Group Interaction (GGI). Vorrath and Brendtro (1985) call PPC
"a total system for building positive youth subcultures ".

PPC is a holistic approach to working with youth in a therapeutic
setting. It is not simply a set of techniques, but rather attempts to change
the culture in the therapeutic setting. "PPC is designed to 'tum around'
a negative youth subculture and mobilize the power of the peer group in
a productive manner ... In contrast to traditional treatment approaches,
PPC &lt;loes not ask whether a person wants to receive help but whether he
is willing to give help" (Vorrath andBrendtro, 1985, p. xxi). Proponents
of PPC view troubled youth notas rebellious or "bad seeds," but rather
as youth that with nurturing have much to contribute. Table l highlights
sorne of the key aspects and assumptions of a Positive Peer Culture.
Table 1. Positive Peer Culture
Key Aspects of a Positive Peer Culture
1. Seeks to teach basic values.
2. The peer group has the strongest infl.uence over the values,
attitudes, and behaviors of youth.
3. Youth feel positive about themselves when they feel accepted by
others and deserving of that acceptance.
4. Youth are experts of their own lives.
5. Youth are resilient.
6. Youth possess strengths that should be recognized by
practitioners and tapped throughout the treatment process. Youth
are better to help one another when these strengths are tapped.
7. Focus on the here and now.
8. Problems are opportunities.
9. Youth must accept responsibility for their behavior and be held
accountable.
1O. Both youth and adults must care for and help one another.

According to Obermeir and Henry (1988-1989), adolescents who
are successful in therapeutic communities perceive themselves as a
member of a group of peers who act as a support network Rules of the
therapeutic community are enforced by the clients themselves, with elder
and trusted clients acting as supervisors to the other community members, alth~ugh staff members generally have more control of enforcing
the rules m adolescent therapeutic communities than in traditional adult
therapeutic communities. The staff in therapeutic communities consists
of recovering substance abusers, licensed substance abuse counselors
licensed professional counselors, and licensed clinical social workers. '
Jainchill et al. (2000) assessed the effectiveness of six residential
therapeutic communities for adolescents. Wbile there was a statistically significant difference between treatment completers and treatment
dropouts in pretest vs. posttest levels of drug use, it is not possible to
rule out selectivity bias and extraneous variables, such as adolescents'
motivation levels. Morral, McCaffrey, and Ridgeway (2004) conducted
a more rigorous evaluation of a residential therapeutic community for
adolescents in Los Angeles, California. Adolescents in the treatment
group had significantly better outcomes on ali three substance use scales
used to measure levels ofAOD use. There was nota significant difference between the treatment group and the comparison group in crime
outcomes, but adolescents in the treatment group showed greater declines
in mean seores over the one-year observation on arrests, property crimes
and violent crimes.
'
Research on the effectiveness of TCs for adolescents also reveals
that the length of stay in treatment is the largest and most consistent
predictor of positive outcomes (Catalano, Hawkins, Wells, Miller, and
Brewer, 1990/91; De Leon, 1988). Positive outcomes, such as no criminal
a~tivity, no use of alcohol or drugs, and employment, are all associated
w1th longer stays in treatment (McBride et al., 1999).
Outpatient Family-Based Interventions

While it is a truism that families are critical in a youth 's substance abuse
trea~ent, the soci~l worker must be cautious in concluding that family
confl.ict causes a child or adolescent to use drugs, especially considering

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that ali families experience confl.ict and not all adolescents use substances
(Springer, 2005). Working with an individual client without examining
the family structure, dynamics, and roles that are infl.uenced by and
infl.uence the client's substance use is generally insufficient (McNeece,
Springer, and Arnold, 2003). Toe literature reveals a correlation between
adolescent substance use and family system characteristics; specifically
tbat family drug use, family composition, family interaction pattems, and
family boundaries all increase the risk of adolescentAOD use (Anderson
and Henry, 1994; Denton and Kampfe, 1994).
Joaning, Quinn, Thomas, and Mullen ( 1992) conducted a study comparing the differences in adolescent substance abuse treatment between
family therapy, adolescent group therapy, and family drug education.
The findings tentatively revealed that fam.ily therapy was more effective in stopping adolescent drug abuse, producing twice the amount of
substance-free adolescents than family drug education and three times
the amount of adolescent group therapy.
More recently, Austin, Macgowan, and Wagner (2005) conducted
a rigorous evaluation of family-based interventions for adolescent substance abuse populations. The purpose of the systematic review was to
examine the level of efficacy and effectiveness of the most current family-based treatment approaches. Austin and his colleagues found that
Brief Strategic Family Therapy (BSFT) and Multidimensional Family
Therapy are the most effective among the family-based interventions,
meeting the criteria for probably efficacious according to the criteria
developed by Chambless and Hollon (1998).
Multisystemic Therapy
Multisystemic therapy (MST) (Henggeler and Borduin, 1990; Henggeler,
Schoenwald, Borduin, Rowland, and Cunningham, 1998) was developed
by Scott Henggeler and bis colleagues at the Family Services Research
Center, Department of Psychiatry and Behavioral Sciences at the Medical University of South Carolina in Charleston. MST is a family- and
community-based treatment approach that is theoretically grounded in a
social-ecological framework (Bronfenbrenner, 1979) and family systems
approach (Haley, 1976; Minuchin, 1974). This overview ofMST is in-

cluded here because the "MST is consistent with the family preservation
model of service delivery" (Schoenwald, Borduin, and Henggeler, 1998,
p. 488). MST is one of NIDA's recommended scientifically-based approaches to drug abuse treatment (NIDA, 1999). It is being used across
the country in communities implementing a "wraparound" approach
to service delivery, where the focus is on delivering client-centered,
culturally-competent services in the least restrictive but clinically appropriate environment ( cf. Schoenwald, Borduin, and Henggeler, 1998).
!he social-ecological model views human development as a reciproca}
mterchange between the client and "nested concentric structures" that
mutually infl.uence each other (Henggeler, 1999). furthermore, the ecological perspective asserts that one's behavior is determined by multiple
forces (e.g., family, school, work, peers) and is supported by modeling
of delinquency and substance abuse (Henggeler, 1997).
There are nine guiding principies that the MST practitioner should
follow (Schoenwald, Borduin, and Henggeler, 1998, pp. 488-489).
1. Toe primary purpose ofassessment is to understand the "fit" between
the identified problems and their broader systemic context.
2. Therapeutic contacts should emphasize tbe positive and should use
systemic strengths as levers of change.
3. Interventions should be designed to promote responsible behavior
and decrease irresponsible behavior among family members.
4. Interventions
should be present-focused and actioil-oriented,
.
targeting specific and well-defined problems.
5. Interventions should target sequences of behavior within and
between multiple systems.
6. Interventions should be developmentally appropriate and fit the
developmental needs of the youth.
7 . Interventions should be designed to require daily or weekly effort
by family members.
8. Intervention efficacy is evaluated continuously from multiple
perspectives.
9. Interventions should be designed to promote treatment
generalization and long-tenn maintenance oftherapeutic change. '
These nine principies can be used to guide practice with substanceabusing youth.

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Henggeler (1999) has summarized the MST model of service delivery. Toe MST practitioner typically carries_ a lo"'.' caselo~d of 5 to 6
families, which allows for the delivery of more mtens1ve serv1ces (2 to 15
hours per week) than traditional approaches (normally 1 hour per week).
Toe practitioner is available to the client system 24 hour~ a day, 7 days
a week. Services are delivered in the client's natural envrronment, such
as the client's home or a neighborhood center. Treatment is typically
time-limited, lasting 4 to 6 months. Given the level of commitment required of the practitioner, MST may be difficult to implem~nt f~r so~e
agencies. For a detailed exposition on implementing MST w1th high-nsk
youth, see Henggeler and Borduin (1990).
An appealing aspect ofMST is that it is driven by "evidenced-~ased"
practice (i.e., empirical literature supports its efficacy). Accordmg _to
Henggeler (1999), MST utilizes treatment approaches tha~ are pragma~c,
problem-focused and have sorne empirical support, including, ~ut not hmited to: strategic farnily therapy (Haley, 1976), structural fanuly therapy
(Minuchin, 1974), behavioral parent training (Munger, 1993), and ~ognitive behavior therapy (Kendal and Braswell, 1993). Brown, Bordum, and
Henggeler (2001) call MST "the only treatment for serious delinquent
behavior that has demonstrated both short-term and long-term treatment
effects in randornized, controlled clinical trials with violent and chronic
juvenile offenders and their families from various cultural and ethnic
backgrounds" (p. 458). MST has been found to reduce substance use
as well as arrests for substance-related offenses (Henggeler et al., 1991).
Finally, the potential cost-savings ofMST have been demonstrated with
substance-abusingjuvenile offenders (cf. Schoenwald, Ward, Henggeler,
Pickrel, and Patel, 1996).
Through the Campbell and Cochrane Collaborations, Dr. Julia Littell, a social work professor at Brwn Mawr College in Philadelphia, has
conducted her own systematic review on the effectiveness of MST (Littell, 2005; Littell, Popa, and Forsythe, 2005). In her review, Dr. Littell
includes both published and unpublished studies, as is standard practice
for reviews conducted through the Campbell and Cochrane Collaborations. In total, Dr. Littell and her colleagues identified 35 unique studies
and included 8 in their review. For example, Dr. Littell discovered an
unpublished study that had been led by Dr. Alan Leschied, who conducted

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39

a trial ofMST with 409 youth in Canada. She presented her findings ata
recent meeting ofthe Campbell Collaboration, suggesting that MST may
not be as effective as has been previously thought. This line of inquiry
has recently appeared in the form ofletters to the editor of Children and
Youth Social Services, both from Dr. Scott Henggeler, the developer of
MST, and his colleagues (Henggeler, Schoenwald, Borduin, and Swenson, 2006) and from Littell (2006).

Alcoholics Anonymous
A brief review of abstinence-based approaches, such as Alcoholics
Anonymous (AA), is also essential here, particularly considering the
perception that such approaches are a blanket effective modality for substance-abusing adolescents. AA, an abstinence-based 12-step program,
was founded in 1935 by William Wilson and Robert Holbrook Srnith.
Proponents of AA believe that alcoholism is a disease that can not be
cured; thus, there are recovering alcoholics but not ex-alcoholics.
Toe surrender steps consist of treatment personnel persuading youth
that they cannot control their use of drugs. Youth "surrender" their attempts to control drug use to a higher power. The "higher power" is not
always intended to be synonymous with God or any similar deity, and
the emphasis is on creating a spiritual defense against drug use. Toe
integrity steps focus on youth's adrnitting that they have caused harm to
others, thus enabling them to accept personal responsibility for conflicts
precipitated by tension around drug and alcohol misuse (Brown-Standridge, 1987). Integrity steps allow youth to apologize for difficulties
that were caused by their drug and alcohol use. Toe last three steps in
the twelve-step program, serenity steps, are concemed with maintaining
a drug-free life-style. While the surrender steps assist chemically dependent youth to cease use, the integrity steps begin the task of rebuilding
relationships through apologies, and the serenity steps focus on living a
life free of drugs and alcohol.
Research studies assessing the effectiveness ofM groups with ado-:
lescents reveal equivocal results. Alford, Koehler, and Leonard (1991)
indicate that AA benefits adolescents who are able to understand and
accept AA principies and traditions. However, the lack of a compari-

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Promising and Not-So-Promising Practices in the U.S.

son group requires that these results be interpreted with caution and not
generalized to all adolescents (Springer, McNeece, and Amold, 2003).
Toe Chemical Abuse/Addiction Treatment Outcome Registry reveals that
adolescents who remained in AA for one-year had better outcomes than
adolescents that did not remain in AA for an entire year or &lt;lid not attend
AA at ali. Again, these results must not be generalized to all adolescents
because ofpossible differences between the experimental and comparison
groups and confounding variables such as motivation levels. Research
on the effectiveness of AA usually focuses on middle and upper-class
populations with stable lives prior to the onset of a drinking problem
(Alexander, 1990), and much of the evidence regarding its effectiveness
is based on anecdotal reports (Miller and Hester, 1986).
Toe effectiveness of AA with adolescents needs to be explored further by professionals and researchers working with substance-abusing
adolescents (Springer, McNeece, and Amold, 2003). In the meantime,
the blanket prescription ofAA groups for all adolescents who have used
or abused alcohol or drugs is not a judicious use of resources, nor is it
effective treatment planning (Springer, 2005).

Case Management
Case management activities originated in early-20th-century social
work practice that provided services to disadvantaged clients. Rothman
(2002) defines case management as a service for highly vulnerable client populations to ensure that they receive the help they need within the
fragmentedAmerican service delivery system. Similarly, Sullivan (2002)
asserts that case management is a direct service function that involves
skill in assessment, counseling, teaching, modeling, and advocacy that
aims to enhance the social functioning of clients. Case management
includes at least six primary functions: (1) identification and outreach
to people in need of service, (2) assessment of specific needs, (3) planning for service, (4) linkage to service, (5) monitoring and evaluation,
and (6) advocacy for the client system. Toe most common activity for
case managers who work with juveniles is coordinating substance abuse
services (Jenson, 1997).
Case management with substance-abusing clients has gained consid-

erable attention in the past decade, particularly among populations who
have multiple, long-term needs (Springer, McNeece, andArnold, 2003).
While case management appears to be effective with dually-diagnosed
youths (those with both a substance use anda mental health disorder)
(Evans and Dollard, 1992) and with juvenile delinquents (Enos and
Souther, 1996), Iittle is known about its effectiveness in juvenile justice
settings (cited in McBride et al., 1999).

Orine Drug Testing
Urine drug testing in the juvenile justice system is a surveillance method
to detect whether offenders are currently using drugs. Toe offender
must provide a urine sample, which is tested to detect for the presence
of specific drugs. Two main types of detection are commonly used: itnmunoassays and chromatography (Timrots, 1992). There are three common purposes for urine drug testing with offenders: (1) as an adjunct to
community supervision, (2) asan assessment too! for offenders entering
the justice system, and (3) asan assessment of drug use during mandated
drug treatment (Timrots, 1992). Results ofurine drug tests inform judges
ofthe offender's current drug use when considering sentencing, indicates
whether the offender is complying with a mandate to be drug-free, and
identifies offenders who need substance abuse treatment.
Given problems with failure to revoke probationary status and a
lack of treatment options when someone &lt;loes has a positive drug screen,
Turner, Petersilia, and Deschenes (1994) recommend asking the following
questions prior to establishing widespread use of drug testing for those
under community supervision:
l. How do probation/parole agencies implement drug testing
orders?
2. How many drug dependent offenders have testing conditions
revoked?
3. How many offenders are actually tested, with what frequency and
results?
4. How &lt;loes the justice system respond to positive drug tests?
5. Do such tests result in added probation/parole conditions, referrals
to treatment programs, or revocation?
6. What impact do lntensive Supervision Probation/Parole (ISP)

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Substance Abuse Treatmentfor Juvenile Delinquents:
Promising and Not-So-Promising Practices in the U.S.

programs with drug testing have on offender recidivism, as measured
by official records of technical violations and new arrests?
7. How do jurisdictions differ on these dimensions? (p. 233)
In the Third District Juvenile Court, Central Probation, Salt Lake
City, Utah, an OJJDP-funded project, ali juveniles on probation are subject to testing at the discretion of theirprobation officer. Toe purpose of
the testing is as follows (Crowe and Sydney, 2000):
• To document whether a substance abuse problem exists, and
if so, compel the juvenile to participate in treatment; and
• To hold the juvenile accountable for his or her behavior. For the
first positive drug test, the probation officer reviews the rules and
places the youth under house arrest; for a second positive drug
test, the juvenile may be returned to court and possibly detained;
and for continuing positive drug tests, the juvenile may be ordered
to participate in inpatient drug treatment or long-term residential
placement.

Beyond assessing whether an o:ffender is using drugs, it is not
clear that drug testing alone appears to serve a useful purpose besides
serving as a tool to help monitor offenders with substance abuse
problems. Toe best approach may be to combine random drug testing
with drug treatment (Graboski, 1986, as cited in Springer, McNeece,
and Arnold, 2003).

L:

Summary and conclusion
Alcohol and drug use are prevalent amongjuvenile offenders and many
ofthe risk factors that predict delinquent behavior also predict adolescent
drug use. An increasing number of adolescent arrestees are substanceusers, and among juvenile delinquents, the more serious and violent
offenders use drugs more often.
When working with youth who have committed crimes, social workers should be sensitive to the risk factors that have the greatest impact on
recidivism. In a study recently conducted by Rivaux, Springer, Bohman,
Wagner and Gil (in press), substance abuse predicted recidivism individually as did older age and being male. These .findings highlight the

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43

need for a focus on prevention and early intervention services with delinquent behaviors, particularly for substance-abusing youtb and formales.
This study also found that greater levels of family problems predicted
recidivism for Latino youth, while increased levels of psychological
problems predicted recidivism for African American youth. Knowledge
of these predictors could help social workers in assessments of risk and
in targeting interventions in a culturally useful way. For example, such
a finding might suggest a greater emphasis on family dynamics when
working with Latino youth. Toe intersection of these various predictors
of recidivism also highlights the need for prevention and intervention
programs that are responsive to issues ofboth etbnicity and gender.
McNeece, Bullington, Arnold, and Springer (2005) assert that treatment be linked with a harm reduction approach. Toe harm reduction
strategy promotes public health rather than the criminal justice perspective when determining what to do about drug users. Thus, all drug use,
whether of "licit" or illicit substances, is seen as potentially problematic.
Proponents of this approach assert that the distinctions made between
legal and illegal substances are totally artificial and bave led to a myopic
focus solely on illicit chemicals (McNeece et al., 2005). We should make
the receipt of federal funding contingent on the repeal of a number of
state laws, including those that prohibit the free distribution of needles
and syringes to intravenous drug users.
Traditionally, therapeutic interventions with substance-abusing
youth have been driven more by practice wisdom than by scientifically...,
based outcome studies (evidence-based practice). While we should not
abandon our accumulated practice wisdom, to the extent that it is available, practitioners are encouraged to also use evidenced-based practice
to guide tbeir treatment planning. In short, it is critica! that practitioners
remain up-to-date on the best practices available, which will be critica!
in maximizing our e:ffectiveness in treating substance-abusing juvenile
delinquents. Given the limited resources that are currently directed to
troubled youths, an intemational commitment to help these youths is
warranted if we are to reduce their substance abuse, delinquency, and
associated problems.

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45

Promi.sing and Not-So-Promi.sing Practices in the U.S.

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Vega, W. A.; R.S. Zimmerman, A.G. Gil, G.J. Warb_eit, _and_E. Apos?~ri,
E. (1993). "Acculturation Strain Theory: lts ~ppbc~twn m .~p/ammg
drng use behavior among Cuban and other Hlspamc youth , In_M. _R.·
De La Rosa, and J. R. Adrados (Eds.), Drug Abuse among Mm~nty
Youth: Advances in Researcb and Methodology, Rockville, MD, Natlonal
lnstitute on Drug Abuse.
Vega, W. A.; R.S. Zimmerman, and G.J. Warheit, G. J. (1_993). "Ri~~
Jactors for early adolescent drng use in 4 ethnic and raczal groups ,

American Joumal of

Public Health, 83, pp. 185-189.

Vorrath, H. H., and Brendtro, L, K. (1985). Positive peer culture (2nd
ed.). New York: Aldine de Gruyter.

.,.,
'

'

Waldron, H. B. (1997). "Adolescent substance abuse andfa"!i~y thera!'y
outcome: A review of randomized trials", Advances in Climcal Child
Psychology, 19, pp. 199-234.

53

Lori Holleran Steiker*

Resumen
El presente trabajo teórico explora la premisa de que la intervención
preventiva en el entorno escolar requiere de la consulta de la población
meta al momento de diseñar la estrategia. Las formas predominantes de
la evaluación de consumo de drogas en adolescentes utilizan técnicas
cuantitativas, sin embargo, la exactitud de los datos autorreportados por
las encuestas es cuestionable sobre todo en el ámbito escolar. A menudo
los consumidores 'ocultos' no se encuentran al momento de la evaluación por haber sido expulsados, o bien, por ausentismo. Para examinar
de mejor manera la cultura de los adolescentes y el consumo de drogas,
técnicas como la entrevista a grupos focales, instrumentos de intervención diseñados por estudiantes (sobre todo los facilitados por lideres
juveniles, videos producidos por adolescentes, etcétera) y estudios etnográficos pueden ser herramientas que proporcionan información más
precisa sobre tendencias en el consumo de drogas. Los científicos enfocados a la prevención deberían de pedir a los adolescentes a guiarlos
expertamente en la comprensión de sus experiencias.

Abstract
~s conceptual paper explores the premise that school-based preven~on interventions incorporate consultation with the target population
m the design process. While present modes of evaluating adolescent
substance use consist primarily of quantitative techniques, the accuracy
of self-reports in surveys is questionable and particularly in schools,
the "hidden" users often are not present for evaluation due to drop-out
and absentee rates. To better examine adolescent culture and drug use,
* L-Ori Holleran Steiker is Associate Professor al The University o/ Texas al Auslin
&amp;hool ofSocial Work. Her email address is: lorikay@mail.ulexas.edu.
.
ISS~ 140?- 1133 C 2006 U~versidad Autónoma de Nuevo León, Univcrsity of Texas of Austin,
Uruvers1ty ofTexas ofArbngton, Our Lady of the Lake University, University ofTennessee,
Universidad Juárez del Estado de Durango.

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¡ Ccnsulting with the Experts: Utilizing Ado/escent Input in Substance Use Prevention Efforts

techniques such as focus groups, student designed intervention tools
(e.g., facilitation by peer leaders, videos produced by_adolesc~nts, etc.),
and ethnographic studies may yield more accurate mformat1on about
substance trends. Prevention scientists must ask the adolescents for
their expert guidance in understanding their experience.

Palabras claves/Key Words
Prevención, escuela, consumo de drogas, metodología, datos fiables
Prevention, school, substance abuse, methodology, data accuracy

Introduction

-· ' 1

At present, few school-based prevention approaches have proveo effective in reducing substance use among adolescents, and even fewer have
been tested with youth ofminority cultures (Forgey, Schinke, and Cole,
1997). Though there are several factors contributing to the lack of
prevention successes from existing programs, this pa~er addresses the
need for prevention programs which are grounded w1th respect to the
culture of the targeted students. Culture, in this respect, refers not only
to ethnic upbringing, but also to the swiftly changing culture of you~h.
Tu.is includes, for example, language, clothing, body language, mus1c,
etc. Purely ethnic conceptualizations of culture often oversimplify and
stereotype; programs integrating ethnic cultural norms may capture
sorne of the cultural nuances of a group, but may fail to represent the
day-to-day experiences of the audience (Castro and Hemandez-Alarcon, 2002; Gosin, Marsiglia, and Hecht, 2003). Tu.is aspect of culture
is referred to in this article as "organizational culture" (Fullan, 1991)
which aims to capture a broader, more realistic picture of the multitude
of variables which impact settings.
Historically, drug prevention has most commonly consisted of the
information education approach which assumes that once adults make
adolescents aware of the health hazards of substances, they will develop anti-drug attitudes and subsequently make choices not to use.
Research which questions the effectiveness of "information only" prevention programs (Botvin et al., 1995; Bukoski, 1985; Tobler, 1986,
1989) finds that not only does this form of intervention fail to ~roduce
reduction in drug use, but sorne programs led to a subsequent mcrease

Revista Perspectivas Sociales I Social Perspectives primaveralspring 2006. Vo/.8, Num. J /

5S

in use of substances afterwards (Falck and Craig, 1988). For example,
Drug Abuse Resistance Education (DARE) is the most widespread drug
prevention program in the United States with well over 3 million participants (''Project DARE", 1990). In sorne cases, DARE has not only
failed to reduce drug use, but sorne researchers have found that there
was a subsequent increase in students' substance use afterwards (Clayton, et al., 1991; Harmon, 1993). Nonetheless, tnillions of government
dollars and hundred of hours of school time have been spent on this one
program every year.

With the contributions of social theorists including Bandura ( 1977),
Jessor and Jessor (1975, 1977), and McGuire (1974)), models began
to consider the interplay of individual, social and environmental factors (Falck and Craig, 1988). Tu.ese models incorporated the complex,
multi-level interaction of children with their environment and social and
family systems. Tu.e ecological model stresses the concept of multiple
levels of influence on child development and the complex interaction
of child and environment (Lorion, 1987; Tolan, Guerra and Kendall,
1995). They focus on social skills and general functioning rather than
on substances alone.
Thus far, the majority of school based programs espousing the most
successful social skills and ecological models have been implemented with majority culture youth (Wilson, Rodrigue, and Taylor, 1997).
Though sorne programs have focused on minority youth, few have been
designed to address culturally specific factors. Research efforts have
focused superficially on cultural nuances (Forgey, Schinke and Cole,
1997) There is a need for cultural grounding and mechanisms to accurately ascertain sucb factors.

Culturally grounded prevention programs
Taking an ecological approach, the culture of each school varies depending upon the principal, staff, location, and students. One cannot
expect a program design to fit all cultures or schools. Current research
suggests that culturally-specific prograrns are imperative (Gordon ·
1994; Botvin et al., 1995). Particularly, programs designed to serve th~
needs of minority youth have more impact when they re:flect sensitivity

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Consulting with the Experts: Utilizing Adolescent Input in Substance Use Preventinn Efforts

to the unique cultural characteristics of the students (Lee and Richardson, 1991; Botvin et al., 1995).
Price and Lorion's (1989) important contribution to the field of prevention is the identification that successful prevention program designs
do not necessarily lead to effective implementation. They make the
crucial point that the intervention involves complex transactions among
individuals and the context adds further complexity by virtue of a "variety of dynamic organizational and cultural forces that can act either to
protect and strengthen the innovation or to undermine and distort it" (p.
102). A program's positive outcome requires that the host be a major
stakeholder in the success of the intervention. Also, the program must
"speak the language of the recipients" and "be based on insights into
contemporary rites of passage to the adult world and on insights into the
taboos that the young are told to avoid" (Russo, 1980).
There are several modes of intervention that a:ffect the cultural
grounding of a program. First, the program design can be populationspecific. For example, the Culturally Tailored Intervention (CTI) specifically targeted substance abuse among inner-city African American
and Hispanic youth (Forgey, Schinke, and Cole, 1997). Second, the
implementers can adapt an externa! program to the specific population
at hand. An example of this is the Life Skills Training model (Botvin, 1995) which only makes modifications to the generalized program
where warranted to maximize cultural sensitivity, relevance and acceptability to varied populations. Regardless of the technique, the accuracy
of the cultural aspects of a prevention program are crucial for program
effectiveness. Many prevention models have been devised based on
conjectures and intuitions and even stereotypes (Kim, Coletti, Williams, and Hepler, 1995). Cultural groundedness can only be achieved
with input from the target population.

Adolescent input
Adolescents shift from primary closeness with parents to increasing
intimacy with peers as adolescence progresses (Savin-Williams and
Berndt, 1990). This shift in importance and intensity of peer relations
affects the level of influence peers have on each other regarding sub-

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57

stance use. Researchers have identified peer infl.uence as one of the
strongest risk ~actors for substance abuse among majority and minority
youth (Beauvais, 1992). Sorne studies have found peer relationships to
be of even greater importance for minority adolescents (Spencer and
Dombusch, 1990).

!s

. There scant attention to the role of adolescents in planning and
nnplementmg substance abuse prevention programs. Sorne authors
merely mention this in passing, but do not elaborate on the extent and
mech~~sms _of such input. For example, Wodarski and Feit (1995)
state, ther~ 1s a need for youth to provide input regarding what they
feel are therr greatest stresses and programs needed to directly address
th~s~ issues" (p. 9). Toe specific mechanisms of acquiring and utilizing
this mput are not delineated.
There is, however, a great &lt;leal of literature on adolescents as program providers. Utilization of "peer leaders" is advocated due to their
credibility with students, which may be higher than with their teachers (Ar~ ~tal., 19~1). Studies comparing teacher-led and peer-led
prevent10n mterventions have demonstrated mixed findings (Erhard
19~~). First, it is impossible to attribute differences in programs to th;
facihtator model due to the number of intervening variables. While
8
?me comparative studies have found peer-led programs to have significant advantages (Botvin, Baken, Dusenbury, et al, 1990; Botvin
et al., 1984; Forgey, Schinke and Cole, 1997; Luepker, Johnson and
Murry, 1983; Murray, Johnson, Luepker and Mittlemeark, 1984; Perry
and Grant, 1988; Tobler, 1986), others have found no significanJ differences based on peer or teacher implementer (Prince, 1995; Rickert, Susan, and Gottleb, 1991 ). E ven when peer implementer models
are used, there can be problems. For example, in 1995, a study of 45
sc~ools with peer-led programs found that 50% ofthe schools stopped
usmg the model after only one year due to the labor-intensive nature of
training, supervising, and maintaining the peer implementers. Sorne
of the assumptions about peer-led models, such as the fear of control
and ~~scipline difficu.lties, are unfounded (Erhard, 1999). Also, in the
sens1tive area of substance use and abuse, it is important to note that
pee~-l~d programs yielded twice ~s much student self-disclosure among
partic1pants (Erhard, 1999). Ali m all, there are strong indications that

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59

the peer-led model may possess greater potential for primary prevention than teacher-led programs.

particular changes over short time spans and provides unique opportunities to connect with and understand the ideas and values of each
specific group of adolescents (Shapiro, 1985).

Despite the amount of research on peer implementation, literature
on the utilization of adolescent input in the substance abuse program
development process are scant.

Barriers to change

Feasibility of implementation
In order to use adolescent input to adapt prevention programs to the
culture of the target population, there must be an openness to change, a
willingness to allow the adolescents to be the "experts," and a cornmitment to listening to their contributions.
For example, Toe Drug Resistance Strategies Project (DRS)
(NIDA, ROi DA05629, 1997-2001) in Arizona has impacted the lives
of almost 5,000 students since the prevention intervention was implemented in 1997. The project involved a group of ethnically diverse
high school students from a large city high school in the creation of the
curriculum. Adolescents were called upon to conceptualize, script and
produce severa! culturally specific substance abuse prevention videos
to illustrate the prevention messages of the currículum disseminated
throughout Phoenix junior high schools. Toe students wrote scripts
from the pilot studies that examined substance use and resistance experiences of 7th graders. The research team conducted focus groups with
students representing the target population to assess the effectiveness of
the student-produced prevention videos.
The emic perspective was enlisted to gain unique insights into the
adolescent perception of the option to use or resist substances. In addition, adolescent understanding of the targeted minority cultures were
explored through this medium. The ethnography revealed powerful
insights which were used to inforrn the rest of the three year project.
There is no additional cost to utilizing such methods, although they can
be time-consuming.
Toe adolescent perspective allows for access to accurate vernacular, customs, and styles of the target population. Language usage in

There has been controversy arnong prevention scientists regarding
whether or not prograrn integrity is more important than adaptation of
programs to particular audiences, or vice versa. There are those that
believe that modifications of a model dilute its effectiveness. Prevention programs are rarely clear as to which elements are adaptable and
which are not. Nurnerous research studies suggest that augmenting the
host organization's sense of "ownership" is critica! to programmatic
success; prevention programs cannot flourish without participation and
cornmitrnent on the part of the host environment(s) (Price and Lorion,
1989; Kelly, 1987, Tomatzky, et al., 1983). Price and Lorion (1989)
propose a distinction of "core elements" from adaptive characteristics,
yet this suggestion is not presently in practice. More research to evaluate culturally specific programs is imperative to assess effects of adaptation. Prevention efforts must be tailored to the particular developmental needs ofthe target population in order to be effective (Marsiglia,
Holleran, and Jackson, 2000.)
Another issue of concem is the potential negative reaction to a
change in school based prevention programming on the part of the community. As noted by Price and Lorion (1989) with regard to cultural
sensitivity, "Frequently, reducing risk factors is not seen as a neutral
act by sorne community members" (p. l 02). One must consider that
programs such as DARE, are what communities, school staff, parents,
and ~tudents have come to expect. Attempts to change or adapt interventions to make them more relevant, if not carefully approached, may
be perceived as threatening.

Conclusion
~ e great strides have been made in the field of prevention scienée
~th regard to awareness of risk and protective factors which should
ínform program designs, the present practice of disseminating "model"

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Consulting with the Experts: Utilizing Adolescent Input in Substance Use Prevention Efforts

programs based on these factors without adapting them to the population, setting, and culture they are to serve is flawed . No one program
can effectively reach all populations.

...

Adolescent-informed, culturally grounded programs can provide
the language, so-to-speak, that can be heard by the targeted students.
Toe most important benefit of utilizing adolescent input in the fonnation, process, and evaluation of substance abuse prevention efforts is
the resulting reality-rooted, timely, and culturally applicable prevention
interventions. This technique can be utilized even with existing programs, by having adolescents adapt evidence-based curricula to their
own culture and agency. Toe use of this method will enhance substance
use prevention efforts. By incorporating the students' perspectives
throughout curricula, curricula are more grounded in the youths' social, geographical, and cultural context (Gosin, Marsiglia, and Hecht,
2003).

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61

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67

Toe Role ofthe Federal Government in Juvenile Justice

Michael J. Churgin*

Resumen

'

..

A pesar de que el tema de la justicia criminal sigue constituyendo un
asunto político popular en tiempos electorales y aún y cuando el Congreso de los Estados Unidos crea con regularidad nuevas leyes para
el combate de la criminalidad expandiendo así el papel del gobierno
fedemal en esta área, se han hecho pocas llamadas hacia la expansión
del papel federal en la justicia juvenil. Se observan ocasionalmente algunas iniciativas, como por ejemplo con relación a las bandas juveniles,
sin embargo, tanto el poder legislativo como ejecutivo federales siguen
delegando a los estados el trato de las actividades criminales de personas menores de 18 años de edad.

Abstract

.,....

While the subject of criminal justice remains a popular political issue at
the time of elections, and Congress creates new criminal laws regularly,
expanding the role of the federal govemment in criminal matters, there
have been few calls for an expansion of the federal role in juvenile justice. There are occasional initiatives, such as with youth gangs, but the
federal legislative and executive branches have been content to rely on
the states to handle criminal activity by persons under 18 as described
earlier.

Palabras claves/Key words
Sistema de justicia, jóvenes, gobierno, función, Estados Unidos
Justice system, juveniles , govemment, function, United States

* Michael Churgin is Raybourne Thompson Centennial Professor in Law at The
University of Texas at Austin. This pap er was prepared for the Symposium, Youth,
Education, and Juvenile Justice - Perspectives from the United States and Brazil,
November 14, 2005, Austin, Texas.
·
ISSN 1405-1133 © 2006 Universidad Autónoma de Nuevo León, University ofTexas of Austin,
University ofTexas of Arlington, Our Lady of the Lore University, University ofTennessee,
Universidad Juárez del Estado de Durango.

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The Role of the Federal Govemment in Juvenile Justice

Introduction

.....

From the founding of the United States until the late 20th century, the
role of the federal government in the criminal justice system was quite
limited. With the exception of certain matters of particular interest to
the United States, such as crimes involving the postal service, federally
insured banks or importation of drugs, almost all criminal prosecutions
were conducted in the respective states. While the role of the federal
government in criminal justice matters has grown considerably in the
last several decades, Congress has chosen not to expand the role of the
United States Department of Justice in juvenile matters to the same
extent. There are occasional prosecutions against juveniles by United
States attorneys. In addition, there is an office in the Justice Department devoted to juvenile justice matters, grants are made to the states
with strings attached, federal civil rights statutes are applicable to state
juvenile justice systems, and federal civil rights actions are brought to
enforce a few federal statutes. However, basically, the world of juvenile justice is largely left to the states.

Federal lnitiatives
Historically, the federal government has been a bit player on the stage
ofjuvenile justice. Congress established the Children 's Bureau in 1912,
and one of its myriad tasks was to study the juvenile court systems in
the various states. In its first decade, the Children's Bureau did studies
of various aspects of juvenile justice. F ollowing a national conference
on juvenile courts in 1921, the Bureau set up a committee to develop
standards. Once promulgated in 1923, these standards provided guidance for several decades (Bradbury).
The next major initiative did not occur until the passage of the Juvenile Delinquency and Youth Offenses Control Act in 1961 (Public
Law (P.L.) 87-274), which authorized the Department of Health, Education and Welfare (HEW) to engage in grant making on the question
of juvenile delinquency. Authorization expired in 1967. During 1968,
Congress split the baby? of federal involvement with the passage of
two laws for two different agencies: the Juvenile Delinquency Prevention and Control Act (P.L. 90-445) lodged within HEW, and the Crime

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Control Act, a much more bold initiative, which created the Law Enforcement Assistance Administration (LEAA) within the Department
of Justice (P.L. 90-351). HEW was to develop a national approach
to the problem of juvenile delinquency and fund efforts by states to
address the problem. LEAA was to focus on crime and the criminal
justice system. Over time, however, LEAA funding for juvenile justice projects dwarfed HEW's funding for delinquency prevention. Toe
state agencies might look to both for funds, but essentially criminal justice entities were the dominant players. Finally, in 1974, Congress set
up the Office of Juvenile Justice and Delinquency Programs (OJJDP)
within LEAA at the Department of Justice as part of the Juvenile Justice
Act of 1974 (P.L. 93-415), and, under Title m, HEW was left with the
Runaway and Homeless Youth Act.
States were now required to develop plans to remove status offenders and dependent/neglected children from detention/correctional facilities. Furthermore, juveniles alleged to be delinquent had to be separated from adults in facilities in order to qualify for the LEAA block
funds for juvenile justice. Congress also imposed a requirement on
LEAA to make sure that juvenile programs did not receive short shrift.
The OJJDP was to be involved in ali programs dealing with juvenile
delinquency, even beyond the funds that it directly administered. Until
LEAA waned during the Carter and Reagan administrations, hundreds
of millions of federal dollars were sent to the states through their planning entities to accomplish juvenile justice goals.
The Department of Justice has maintained its preeminent role since
1974. Toe OJJDP has been placed under various umbrella entities with
the department and is now lodged within the Bureau of Justice Programs. Toe mandates for state plans were modified over time. During the 1980s, there was an increased focus on jail removal requirements and the introduction of a concern for disproportionate minority
confinement. The 1992 amendments saw the inclusion of gender bias
programs ~nd a new emphasis on "prevention and treatment, family
strengthemng, graduated sanctions, and risk-needed assessments." Toe
2002 reauthorization of the JJDP Act (P.L. 107-273) consolidated various programs into a single prevention block grant and provided for additional initiatives. However, the core requirements for states to re-

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/ The Role ofthe Federal Govemmen/ in Juvenile Justice

ceive the block grants are maintained: deinstitutionalization of status
offenders, separation ofjuveniles from adults in institutions, removal of
juveniles from adult jails and lockups and reduction of disproportionate minority contact where it exists (http://ojjdp.ncjrs.org/about/legislation.htm1). Only the state of Wyoming has refused federal dollars
so it need not comply with the mandates. The OJJDP coordinates the
gathering of data and publishes comprehensive national reports (Juvenile). OJJDP also staffs the Coordinating Council on Juvenile Justice
and Delinquency Prevention, which is the federal voice on the subject
with representatives of various agencies and independent persons appointed by the President and legislative leaders. There is a similar body
made up of state representatives, the Federal Advisory Committee on
Juvenile Justice.

The United States Supreme Court and the Rights of Juveniles

•.,....

Probably the most substantial federal involvement took place in a series of decisions by the United States Supreme Court in the 1960's and
1970's interpreting the Due Process Clause of the Fourteenth Amendment to the United States Constitution as applied to state juvenile delinquency proceedings. Toe Court held that juveniles facing a loss of freedom were entitled to be represented by counsel, and that the state must
appoint counsel if the individual were indigent (Gault). In subsequent
decisions, the Court held that the burden of persuasion in delinquency
proceedings would be "beyond a reasonable doubt," the same standard
employed in adult criminal trials (Winship), and that the double jeopardy clause applied to juvenile proceedings (Breed). However, the Court
did not require states to provide juries (McKeiver), and the Court was
permissive in allowing the states to detain juveniles pending court proceedings (Schall). Recently, the Court barred the execution ofjuveniles
convicted of capital crimes, if the crime was committed by someone
under the age of 18 (Roper).

Federal Prosecutions of Juveniles
Toe actual prosecution of juvenile cases by federal attomeys is limited.
Congress has indicated a preference that the states prosecute these cases where possible. Exceptions include federal areas of special interest

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such as Indian reservations, and crimes committed on federal property
such as national parks or in federal facilities. Toe greatest numbers of
juveniles arrested by federal authorities are those seized by the Border Patrol of the Department of Homeland Security. A final category
involves instances where the state declines to prosecute or Iacks adequate programs and services. However, in 1984, Congress created
a new "substantial federal interest'' category: a crime of violence or
a drug offense that is a felony and a substantial federal interest based
on the nature of the offense or the circumstances of the case. (P.L. 98473). The United States Attorney so certifies and the case may remain
in federal court (United States (1997)). If a case remains in the federal
system as a juvenile case, the judge hears the matter without a jury in
closed session. Toe disposition power is similar to that of state juvenile
court. In addition, for certain serious cases, the juvenile may be transferred for trial as an adult, similar to the procedure in most states.

Federal Enforcement of United States Civil Rights Statutes
Under the Civil Rights of Institutionalized Persons Act (CRIPA)(P.L.
~6-247) (42 USC §1997 et seq.), the federal Department of Justice may
mtervene on behalf of persons confined to state institutions where there
is an "egregious or fl.agrant deprivation of civil rights." Occasionally,
there have been court actions directed against state and local juvenile
facilities. (United States (1986)). Most federal complaints are resolved
by agreement. For example, the Civil Rights Division began an investigation in 2004 of certain Indiana juvenile facilities. Toe following
year, the govemor was notified of findings of civil rights violations in
the area of general operation of the facilities plus specific problems in
the provision of mental health care; subsequently, the federal government filed suit against Indiana. In 2006, the state and the federal governments entered into a settlement agreement, with Indiana agreeing
to remedy the violations, and providing for monitoring by the Civil
Rights Division. (Criminal Justice Newsletter (2006)). Similarly, the
same procedural history occurred in a case against Hawaii concerning
staffing, use of physical force, and providing an appropriate education ·
for persons with disabilities in the Hawaii Youth Correctional Facility.
(C~al Justice Newsletter (2005)). Sometimes, protracted litigation
agamst the state takes place. This happened with the state ofLouisiana

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/ The Role of the Federal Government in Juveni/e Justice

concerning medical, mental health and dental care in the state's juvenile facilities; and in 2000, the federal district judge approved a very
detailed agreement that involved employment of a court expert to assist
in monitoring compliance (Williams).
The Americans with Disabilities Act, (P.L. 101-336), (42 U.S.C.
§ 12101 et seq.), is applicable to a state when it is sued for injunctive
relief. In certain situations, there also may be damage claims. Earlier
this year, the Supreme Court indicated damage claims were permissible
for violations of the Fourteenth Amendment. The United States argued
that as a result of the long history of denial of basic civil rights to the
disabled in detention and prison facilities by states, Congress could provide for damage actions in addition to injunctive relief (United States
(2006)). In addition, the federal government may begin enforcement
actions. Last year, The Department of Justice reached agreement with
the Maryland Department of Juvenile Services and its prívate contractor concerning a complaint from a deaf juvenile who alleged a lack of
auxiliary aids at a state juvenile detention facility. He received only
limited interpreter services and thus could not participate fully in various programs at the facility. There was an agreement for systemic
change, training, and compliance, plus damages and a civil penalty
(United States (2005).
In addition, other federal civil rights mandates apply to the states'
juvenile justice systems. For example, the Religious Land Use and
Institutionalized Persons Act (P.L. 106-274) (42 U.S.C. §2000cc-1)
prohibits entities that receive federal funds from imposing a substantial
burden on the religious exercise of a person residing in or con:fined in
an institution. Since all states except Wyoming receive federal juvenile
justice funds, they are covered by the statute (Benning). Congress also
has established protection and advocacy programs for persons with developmental disabilities and with mental illnesses in every state. These
entities may investigate and sue state officials to enforce the civil rights
of their clients (NAPAS).

Private Civil Rigbts Lawsuits - A Texas Example
In addition, individual residents of state facilities may sue under the

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73

general federal civil rights act, 42 U.S.C. §1983. One particularly
famous (or infamous) Texas suit, Morales v. Turman, kept the Texas
Youth Council (TYC) and the state in litigation for more than a decade.
Initially, the case concerned access to counsel for confined juveniles,
and the court's decision was a catalyst for the reform of the state's juvenile justice code (Morales (1971)). The more contentious aspect ofthe
litigation concemed the treatment of juveniles in state facilities. The
federal district judge invited the United States to participate as amicus
curiae - this was before Congress had passed CRIPA - and this brought
agents of the Federal Bureau of Investigation to TYC facilities. Toe
judge ordered sweeping interirn relief (Morales (1973)), and a broad
final order the following year describing brutality within TYC facilities (Morales (1974)). There was a time that whenever a juvenile was
placed in segregation in a TYC facility, a report had to be filed with
the federal judge. The litigation led to significant changes in the TYC
board and the administration of TYC. The Texas legislature directed
an infusion of funds, and authorized community based juvenile corrections (Churgin). The lawsuit lingered for years, anda proposed settlement was submitted to the court in 1983. While rejected by the federal
court, (Morales (1983)), it was the blueprint for the 1984 termination
of federal judicial oversight of the juvenile corrections system in Texas.
Today, twenty years later, the juvenile justice system in Texas is a modero operation.

Conclusion
While the subject of criminal justice remains a popular political issu.e at
the time of elections, and Congress creates new criminal laws regularly,
expanding the role of the federal government in criminal matters, there
~ave been few calls for an expansion of the federal role in juvenile jusnce. There are occasional initiatives, such as with youth gangs, but the
federal legislative and executive branches have been content to rely on
the states to handle criminal activity by persons under 18 as described
earlier.

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/ The Role ofthe Federal Government in Juvenile Justice

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References

Morales v. Turman, 383 F.Supp. 53 (E.D. Tex. 1974).

Benning v. State ofGeorgia, 391 F.3d 1299 (11th Cir. 2004).

Morales v. Turman, 569 F.Supp. 332 (E.D.Tex. 1983).

Bradbury, Dorothy E. (1956). Four Decades of Action for Children,
Children's Bureau, USGPO.

NAPAS (National Association of Protection and Advocacy Systems).
For background on the development of these programs, see: http://
www.napas.org/aboutus/history.htm.

Churgin, Michael J. (1982). "Mandated Change in Texas: The Federal District Court and the Legislature, " In Neither Angels or Thieves:
Studies in Deinstitutionalization of Status Offenders, (Handler and
Zatz, eds), (National Academy Press, pp. 872-898.
Criminal Justice Newsletter, December 2005, at 6-7. The federal complaint can be found at: http://www.usdoj.gov/crt/split/documents/hawaii_compt_ 2-7-06.pdf, and the results of the investigation can be
found at:
http://www.usdoj.gov/crt/split/documents/hawaii_youth_
findlet_8-4-05.pdf.
Criminal Justice Newsletter, March 15, 2006, at 7-8. An example of an
investigative report in the case can be found at: http://www.usdoj.gov/
crt/split/documents/split_ indiana_plain:fieldjuv_ :findlet_9-9-05.pdf.
Toe federal civil rights complaint can be found at:
http://www.usdoj.gov/crt/split/documents/ indianajuv_ compt_ 2-806.pdf.

Roper v. Simmons, 543 U.S. 551 (2005).
Schall v. Martín, 467 U.S. 253 (1984).
United States v. County of Los Angeles, 635 F.Supp. 588 (C.D.Cal.
1986)
United States v. Juvenile No. 1, 11 8 F.3d 298 (5th Cir. 1997).
United States v. Maryland, (2005); a copy of the settlement agreement
can be found at: http://www.usdoj.gov/crt/split/documents/split maryland_agree_6-29-05.pdf.
United States v. Georgia, 126 S.Ct 877 (2006). See also Messier v.
Southbury Training School, 916 F.Supp 133 (D.Conn 1996).
Williams v. McKeithen, 121 F.Supp.2d 943 (M.D.La 2000).

Breed v. Jones, 421 U.S. 519( 1975).

In re Winship, 397 U.S. 358 (1970).
In re Gault, 387 U.S. 1 (1967).
Juvenile Offenders and Victims: 2006 National Report, can be found
at: http://ojjdp.ncjrs.gov/ojstatbb/nr2006/downloads/NR2006.pdf.
McKeiver v. Pennsylvania, 403 U.S. 528 (1971).
Morales v. Turman, 326 F.Supp. 677 (E.D. Tex. 1971).
Morales v. Turman, 364 F. Supp. 166 (E.D. Tex. 1973).

�PRACTICE
INNOVATIONS INOVACIONES
DE LA PRÁCTICA

�Revista Perspectivas Sociales/ Social Perspectives primaveralspring 2006. Vol.8. Num. I / Pág. 79-99

79

Mentally Ill Offenders in the Juvenile Justice System And the
Specialized Needs Diversionary Program

JohnPosey*

Resumen
El presente estudio examina la prevalencia de delincuentes con enfermedades mentales dentro del sistema de justicia juvenil, la insuficiencia
de los servicios proporcionados a este tipo de delincuentes y la efectividad de un programa desarrollado en Texas - llamado Programa de
Necesidades Especializadas de Diversión (SNDP) - para superar esta
insuficiencia. Dicho programa intenta aumentar la disponibilidad y la
intensidad de los servicios de salud mental al igual que la supervisión
comunitaria para delincuentes juveniles con enfermedades mentales.
Con ello se busca reducir la delincuencia y crear alternativas efectivas
al encarcelamiento de los participantes del programa.

Abstract
This study examines the prevalence of mentally ill offenders in the juvenile justice system, the gap in services provided to mentally ill offenders, and the effectiveness of a program - the Specialized Needs
Diversionary Program (SNDP) - developed by the Texas government.
This program is intended to increase the availability and intensity of
mental health services and community supervision for mentally ill juvenile offenders, resulting in reduced offending and effective altematives to incarceration for program participants.

* Texas Juvenile Probation Commission.
ISSN 1405-1133 0 2006 Universidad Autónoma de Nuevo León, Unive111ity ofTexas ofAustin,
University ofTexas ofArliogtoo, Our Lady ofthe Lake University, University ofTennessee,
Universidad Juárez del Estado de Durango.

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/ Mental/y fil Offenders in the Juvenile Justice System And the Specialized Needs Diwrsionary Program

Key words / Palabras clave
Delincuentes, enfermedades mentales, sistema de justicia, jóvenes,
prevalencia, Texas.
Mentally ill offenders, justice system, juvenile, prevalence, Texas.
Introducción

In 2001 the 77th Texas Legislature received a series of reports from the
Criminal Justice Policy Council which suggested there was a need for
more services for mentally ill o:ffenders in the community, particularly
adult and juvenile offenders in the probation system. Without appropriate treatment and supervision, these o:ffenders were more likely to
recidivate to prison or the Texas Youth Commission.
To start addressing this need for services, the Legislature in 2001
appropriated $35 mili ion in new funding for an Enhanced Mental Health
Services Initiative. The Texas Council on O:ffenders with Mental Impairments received $23 million to provide mental health treatment for
these offenders, while the Texas Juvenile Probation Commission (TJPC)
received $4 million and the Community Justice Assistance Division of
the Texas Department of Criminal Justice received $8 million to fund
specialized supervision caseloads for juvenile and adult probationers.
Juveniles receiving both mental health treatment and specialized supervision or specialized supervision only are considered part of the Special
Needs Diversionary Program (SNDP) of TJPC. In 2001 the 77th Legislature also mandated the use of a mental health screening instrument
for juveniles in the criminal justice system.
Toe goal of the initiative is to increase the availability and intensity
of mental health services and community supervision for mentally iU
offenders, resulting in reduced offending and e:ffective altematives to
incarceration for program participants. Toe purpose of this report is to
examine the prevalence of mentally ill o:ffenders in the juvenile justice
system from 2001 to 2004, to determine if services in SNPD were being provided according to the model established, and to examine the
effectiveness of SNDP. Important findings include the following:

• In FY 2004, an estimated 26.5% of juveniles supervised in the

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81

criminal justice system were mentally ill.
• As of FY 2004, the estimated gap in mental health services for
mentally ill juveniles stood at 67.2%, or an estimated 12,721
juveniles.
• Most juveniles were provided services according to the model,
though many &lt;lid not receive as many home contacts as were
required.
• Approxirnately 70% of juveniles successfully completed SNDP
in FY2004.
• 19% of juveniles starting SNDP in FY 2002 were sent to
residential placement within one year, while 25% were sent to
residential placement within two years.
• 7% of juveniles starting SNDP in FY 2002 were committed to
the Texas Youth Cornmission (TYC), within one year, while 14%
were cornrnitted to TYC within two years. TYC provides for the
care and custody ofjuveniles removed from their homes by court
order who are chronically delinquent or who commit serious
offenses.
• Juvenile with more home contacts per week had higber
completion rates and lower TYC commitment rates than other
juveniles.

Methodology
Each month the Texas Juvenile Probation Commission receives an extract of data from local probation departments containing information
about juveniles ages 10-17 who are involved with the juvenile justice
system. That information was used to establish the nu.mber of juveniles under supervision in the justice system from 2002 - 2004. The
Texas Department of State Health Services (DSHS) maintains records
about juveniles receiving mental health services in Texas. Data from
both agencies was matched to establisb the prevalence of mental illness
among the juvenile justice system (a furtber explanation of this prevalence is provided below). TJPC created a unifonn database that ali departments would used to enter information about participants in SNDP.·
That database, along with other information maintained by TJPC about
juveniles sent to residential placement and TYC, was utilized to evaluate the effectiveness of SNPD. Information from the Texas Council on

�82

/

Mental/y JI/ Ojfenders in the Juveni/e Justice System And the Specialized Needs Diversionary Program

Offenders with Mental Impairments provides mental healtb counselors for SNDP and collects additional mental health data, was used to
establish a profile of SNDP participants. Toe study sample involved
juveniles supervised by localjuvenile probation departments from September l, 2000 (the beginning of fiscal year 2001) to September 30,
2004 (the end of fiscal year 2004). Toe study also involved juveniles
participating in SNDP from FY 2001 to FY 2004. The source of ali
figures presented is TJPC.

Explanation of Prevalence
Previous research has estimated the percentage ofjuveniles in the criminal justice system with mental disorders to be anywhere from 65%
- 80% (Cocozza et al., 2005; Wasserman et al., 2004; Otto et al., 1992).
However, most of this research has evaluated juveniles in residential
or detention settings, rather than on ali juveniles on supervision in a
community. Toe report presented here &lt;loes not attempt to identify the
percent of juveniles with a specific mental disorder, but it &lt;loes attempt
to estimate the percent who are mentally ill, and it looks at all juveniles
supervised on deferred prosecution or probation in a given year.
There is no precise way to determine the number of mentally ill offenders in the community. TJPC has, however, developed an estímate
for this population by matching juvenile criminal justice records it receives to DSHS records. This estimate captures the number of offenders
age 10 - 17 who have ever hada recorded contact with Texas' public
mental health system. Short of a costly census of the offender population, this matching routine is tbe best available means to approximate
the number of mentally ill offenders in the juvenile justice system.
These numbers do not include mentally ill juveniles who have never
been diagnosed or received mental health services; have only received
prívate mental health services; or have a history of mental illness that
predates records retained in the DSHS CARE computer system. Juveniles participating in the enhanced mental health initiative or other
mental health programs coordinated through local juvenile probation
departments were added to this estímate.

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83

The Gap in Mental Health Services for Juvenile Offenders in
Texas
Figure l below shows that in FY 2004 approximately 26.5% of juveniles supervised in the criminal justice system were mentally ill. This
represents a slight increase from FY 2001, when 24.6% ofjuveniles supervised were mentally ill. Toe percent of mentally ill juveniles receiving mental health services increased from 30.7% in FY 2001 to 35.2%
in FY 2002, the year the enhanced mental health initiative began. Toe
percent receiving services increased slightly to 36.7% in FY 2003 but
then decreased to 32.8% in FY 2004.
Figure 2 demonstrates that the decrease between FY 2003 - 2004
is mostly due to a 17% decrease in the number of juveniles receiving
services through programs offered by DSHS. lf the number of juveniles receiving services through DSHS had not decreased, then 37.0%
of all mentally ill juveniles would have received services instead of the
32.8% that actually received services. As of FY 2004, the estimated
gap in mental health services for mentally ill juveniles stood at 67 .2%,
oran estimated 12,721 juveniles.
Though many more juveniles are referred every year than are provided mental health treatment, referrals in the state decreased the two
years that the percent of mentally ill juveniles provided mental health
services increased, and referrals in the state increased the year the pei;cent of mentally il1 juveniles provided services decreased. Specifically,
state wide referrals decreased by 4% between FY 2001-FY 2002; decreased by 1.4% between FY 2002 - FY 2003; and increased by 2%
between FY 2003-FY 2004.
This parallel is more pronounced in urban counties. Figure 3
shows urban counties (70,000 juveniles or more) have a higher percent
of mental hea lth offenders than other counties. Figure 4 shows that
these counties experienced the largest increase in the percent of mentally ill offenders receiving services between FY 2001- FY 2003, and
the largest decrease in the percent receiving services between FY 2003FY 2004. While these counties witnessed decreases in referrals of2.9%
and 1.4% respectively between FY 2001-2002 and FY 2002-2003, they

�84

/ Mental/y ll/ Offenders in the Juvenile Justice System And the Specia/ized Neeás Diversionary Program

witnessed a 7.8% increase in referrals between FY 2003-2004, by far
the largest among any group of counties.

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Figure 2: Programs Providing Mental Health Services to Mentally Ill
Juveniles*
Enhanced
Mental Health
lnitiative

Figure 1: Prevalence of Mentally Ill Juvenile Offenders and Gap in
Services, FY 2001-2004
Offenders Under Mentally 111 Mentally 111 Population
Est Gap in
Supervision,
Population Receiving Mental Health Mental Health
FY2001
(Estimated) Services, FY 2001
Services*

Programs
offered by
DSHS

Mental Health
Programs offered by
local Probation
Departments

Total Receiving
Mental Health
Services

4,586

649

5,235

Enhanced
Mental Health
lnitiative

Programs
offered by
DSHS

Mental Health
Programs offered by
local Probation
Departments

Total Receiving
Mental Health
Services

875

5,010

505

6,390

Mental Health
Programs offered by
local Probation
Departments

Total Receiving
Mental Health
Services

4,683

459

6,821

Enhanced
Mental Health
lnitiative

Programs
offered by
DSHS

Mental Health
Programs offered by
local Probation
Departments

Total Receiving
Mental Héalth
Services

1,851

3,883

474

6,208

FY2001

11.818
69.3%
Offenders Under Mentally 111 Mentally III Population
Est Gap in
Supervision,
Population Receiving Mental Health Mental Health
FY2002
(Estimated) Services, FY 2002
Services

FY2002

Enhanced
Mental Health
lnitiative
Offenders Under Mentally 111 Mentally III Population
Est Gap in
Supervision,
Population Receiving Mental Health Mental Health
FY2003
(Estimated) Services, FY 2003
Services

Offenders Under Mentally 111 Mentally III Population
Est Gap in
Supervision,
Population Receiving Mental Health Mental Health
FY2004
(Estimated) Services, FY 2004
Services

*Estimated Gap in Mental Health Services = Mentally lli Population - Mentally Ill
Population Receiving Mental Health Services.

85

FY2003

FY 2004

Programs
· offered by
DSHS

• This &lt;loes not include juveniles receiving mental health services who were not formally supervised in a given year, nor juveniles receiving private mental health services.
This distinction is especially important to note for the enhanced mental health initiative,
since 2,018 juveniles were served by the initiative in FY 2004, but only 1,851 were
under formal supervision in FY 2004. Sorne juveniles were served by more than one óf
the programs listed. Ifthe enhancedmental health initiative was one ofthose programs,
the cb.ild was classified in the initiative. Ifthe cbild was listed in both a program offered
by DSHS and a program offered by a local probation department, the cbi]d was classified in a program offered by DSHS. This explains the apparent decrease in participation
in mental health programs offered by local probation departments.

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/ Mental/y l/1 Ojfenders in the Juveni/e Justice System And the Specialized Needs D;versionary Program

Prevalence of Mentally ID Juveniles among Different Demograpbic Groups
No demographic group witnessed a substantial increase in the percent
of mentally ill juvenile offenders in the last four years. Besides ethnicity (American Indians, Asían Americans, and Other comprised just over
one percent of those supervised) the only meaningful difference in the
percent of those estimated to be mentally ill was among counties with
different populations, where urban counties had a higher percentage of
mentally ill offenders than very small counties.

Figure 3: Est. Percent of Juvenile Offenders under Supervision who
are Mentally Ill, FY 2001 &amp; FY 2004, by Gender, Ethnicity, Age, and
County Population

Gender
Ethnicity

Age at
beginning
ofthe year

Juvenile Age
Population
of County
Total

Female
Mate
African American
American lndian
Asian American
Caucasian
Hispanic
Other
10 yrs
11 yrs
12 vrs
13 yrs
14 yrs
15 yrs
16 vrs
17 yrs
0-1,000 juveniles
1,001-7,000 juveniles
7,001-70,000 juveniles
70,001-390,590 juveniles
AII under supervision

FY 2001
23.6%
25.0%
29.8%
13.0%
14.3%
24.6%
22.2%
15.0%
25.7%
24.9%
24.6%
24.8%
24.6%
24.2%
24.0%
27.0%
24.0%
21.4%
22.7%
27.0%
24.6%

FY2004
25.7%
26.8%
30.1%
11.4%
11.1%
25.6%
25.7%
15.7%
27.9%
25.4%
26.6%
25.8%
26.4%
26.2%
26.2%
29.2%
21.2%
25.0%
24.6%
28.3%
26.5%

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87

In looking at those receiving services (Figure 4), there was an increase
in the percent of both females and males receiving services between
FY 2001 and FY 2003, but there was a five anda half percent decrease
in the percent of mentally ill females receiving services between FY
2003 and FY 2004. Among different ethnicities, African Americans
witnessed the greatest increase in services between FY 2001 and FY
2003, while Caucasians witnessed the greatest decrease in FY 2004.
Juveniles 13 years and older experienced the greatest increase in service
between FY 200 I and FY 2003, while juveniles I Oyears old and 12-15
years old experienced the greatest decreases in FY 2004. Mentally ill
juveniles from urban counties witnessed the largest increase in mental
health services between FY 2001 and FY 2003; they also witnessed the
largest decrease in services in FY 2004.
Figure 4: Percent of Mentally III Juveniles Receiving Mental Health
Services, FY 2001-2004, by Gender, Ethnicity, Age, and County Population

Female
Gender
Mate
African American
Ethnicity
Caucasian
Hispanic
Other
10 yrs
Ageat
11 yrs
beginning
12 yrs
of the year
13 yrs
14 yrs
15 yrs
16 yrs
17 yrs
0-1 ,000 juveniles
Juvenile Age
Population 1,001-7,000 juveniles
7,001-70,000 juveniles
of County
70,001-390,590 juveniles
Total
AII under supervision

FY 2001
31.9%
30.3%
29.3%
30.3%
32.0%
31 .5%
54.1%
45.4%
44.7%
39.8%
34.6%
29.7%
23.8%
13.4%
48.2%
31.2%
30.5%
30.3%
30.7%

FY 2002 FY 2003 FY 2004
37.0% 36.8% 31 .3%
34.6% 36.7% 33.3%
34.1% 37.1% 34.0%
34.2% 35.9% 31.5%
36.8% 37.0% 33.0%
29.5% 37.6% 37.5%
53.8% 51 .5% 46.2%
49.5% 44.3% 42.3%
47.3% 45.9% 41 .7%
43.0% 43.3% 38.7%
39.9% 42.6% 36.4%
37.8% 38.9% 34.5%
28.4% 32.4% 30.0%
14.3% 16.8% 16.0%
34.6% 29.5% 27.8%
30.1% 33.6% 30.5%
34.2% 35.5% 31.6%
37.1% 38.4% 34.1%
35.2% 36.7% 32.8%

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/ Mental/y /1/ Ojfenders in the Juveni/e Justice System And the Specialized Needs Diversionary Program

Prevalence among Juveniles in Detention and Residential
Placement
While the percent of juveniles estimated to be mentally ill among all
supervised is substantially less than found in the literature, Figure 5 illustrates that percentage is much higher among juveniles in residential
placement settings.
Figure 5: Prevalence of Mental Illness among Juveniles in Detention
&amp; Placement, FY ' 04*

"'

#Mentally %Mental~

# Supervised # Estimated ~ Estimate&lt; 111 Receiving 111 Receiving
Detention FY 04
Secure Placement FY 04

DPU, Prob Mental~ 111 Mentallylll Mental Hltti
Services
23,869
8,962
37.5% 3.741
4,386
2,600
59.3%
1,569

Mental Hltti
Services
41 .7%
60.3%

Other Placement FY 04

4,359

2,438

55.9%

1,099

45.1%

No detention or placement

45,664

8,978

19.7%

2,074

23.1%

Ali Supervisad DPU, Prob

71,461

18,929

26.5%

6,208

32.8%

*Sorne juveniles were in detention, secure placement, and other placement in FY '04,
which is why the numbers in the first four rows do not add up to the number in the last
row.

Mental Health Programs Provided to Juvenile Offenders
DSHS Programs
Juveniles involved with DSHS (formerly MHMR) participated in a variety of different programs and services. Skills training (22%), medication-related services (22%), and service coordination (21 %) accounted
for almost 2/3 's of all services. On average, juveniles received services
for 15 months (469 days) from DSHS. The average length of treatment f;r any particular service was 3 _ months (106 days).

Programs Offered Through Local Juvenile Probation Departments

Revista Perspectivas &amp;ciales / Social Penpectives primavera/spring 2006. J/ol.8. Nwn. I /

89

Sorne local juvenile probation departments offered additional mental
health services besides the Enhanced Mental Health Services Initiative.
These services included day treatment, family skills training, and wrap
around services, among others. Most of these services were provided in
urban counties. The average length of treatment for juveniles in these
services was 3 _ months (103 days).

Enhanced Mental Health Services lnitiative
Toe Enhanced Mental Health Services Initiative was developed in response to the gap in mental health services for juvenile offenders. lt
was designed to prevent the removal of juveniles with mental health
needs from the home and to prevent further involvement with the juvenile justice system. Specialized juvenile probation officers from the local juvenile probation departments and licensed professional staff from
the local mental health centers worked together to provide intensive
community based case management services to achieve these goals.
Toe initiative is intended to combine specialized supervision caseload
with mental health treatment and to provide services for a period of four
to six months. Mental health treatment models such as multi-systemic
therapy, cognitive behavioral therapy, systematic family therapy, and
family functional therapy have shown promising results in other parts
of the country (Columbia Univ. Dept. Child &amp; Adolescent Psychiatry).
Though participating departments are not bound to these models, they
are made aware of their effectiveness. The program began operating in
a few areas in 2001 , with significant expansion in 2002.
Juveniles receiving both specialized supervision and mental health
treatment or specialized supervision only are considered part of the
Specialized Needs Diversionary Program (SNDP) ofTJPC. Juveniles
receiving mental health services only are not on specialized caseloads
and are not part of SNDP, but they are active with juvenile probation
departments while receiving mental health treatment through the illitiative. Figure 6 shows that the number of juveniles served by this
initiative has more than doubled since its inception in 2002. When it
began, the initiative was projected to serve 830 juveniles per year. This
projection was exceeded by 140% in 2004.

�90

/

Mental/y JI/ Offenders in the Juveni/e Justice System And the Specialized Needs Diversionary Program

Figure 6: Juveniles Served by Enhanced Mental Health Services Initiative, FY 2002 - 2004
FY 2002

FY 2003

FY2004

&amp; Mental Health Services

699

1,334

1,444

Specialized Supervision Only

65

64

54

Mental Health Services Only

187

475

520

Total 951

1,873

2,018

Specialized Supervision

-

:.. ¡ ,,

•~l·

Specialized Needs Diversionary Program (SNDP)

..

A total of 1,498 juveniles were served by SNDP in FY 04. Of those,
50% were 15-16 years old, 66% were minority, and 32% were female.
SNDP guidelines require that an initial case plan be completed within
72 hours of the juvenile's enrollment into the program. Toe plan must
be completed with participation and input from the juvenile, the juvenile 's parent/guardian, the specialized juvenile probation officer and
LMHP, at a mínimum. A formal case plan review must be conducted on
a monthly basis with mínimum input from the juvenile, parent/guardian, specialized o:fficer and LMHP. Services o:ffered during the program
include anger management, chemical dependency education, crisis
stabilization, electronic monitoring, family and individual therapy, life
skills training, medication management, mentoring, vocational skills
training, and wrap around case management.

Revista Perspectivas Sociales / Social Perspectives primavera/spring 2006. Vol.8, Num. J /

91

venile probation officer teamed with a Licensed Mental Health Professional (LMHP) carrying a caseload of 12 to 15 youth identi:fied as
meeting the DSHS standard for priority population diagnosis. In FY
'04 the average caseload in the program was 12.8 juveniles. Priority
population includes juveniles with a DSM-IV Axis I diagnosis other
than substance abuse, mental retardation, autism or pervasive development disorder, and either a Global Assessment of Functioning (GAF)
score of 50 or less, or be at risk of removal from a preferred living
environment due to psychiatric symptoms, or have a determination of
special education dueto emotional disturbance. The juvenile most also
be between 1O- 17 years old and involved with the juvenile justice system. In FY ' 04 approximately 97% of juveniles participating in SNDP
met priority population criteria. Juveniles are supposed to be served
in the program from four to six months. In FY 04, the average length
of stay was 4 _ months. All juveniles successfully completing the program are supposed to be referred to aftercare services. Approximately
83% of juveniles successfully discharged from SNDP in FY ' 04 were
provided aftercare. At a mínimum, each juvenile and family is required
to receive three to five contacts a week by the specialized team. Two of
those contacts must occur in the home. Visits other than home include
office, school, community, detention, court, non-custodia! parents, and
phone visits. In FY 04, only 17% ofjuveniles received an average of at
least two home visits per week, while 64% received at least three total
visits per week. On average each juvenile received 1.6 home visits per
week and 3.4 total visits per week.

Mental Health and Criminal History of SNDP Juveniles
A transition period was built into each juvenile's case management
no later than two months prior to the juvenile's projected discharge from
the program. The intent of this process is to set up aftercare services and
to assist the youth and family in becoming less reliant upon the formal
supports provided by the probation officer and mental health center and
more reliant upon the informal supports available to them in the community.

Were Services Provided According to the Model?
The basic programmatic structure of SNDP includes a specialized ju-

The most common diagnoses in FY 2004 were Bipolar Disorder (185
juveniles), Major Depression (180), Conduct Disorder (179), and Oppositional Defiant Disorder (178). Each of these accounted for 12% of
the 1,498 juveniles served. A total of 19% (290 juveniles) hada dual
diagnosis involving mental health and substance abuse. One percent
(12 juveniles) hada dual diagnosis involving mental health and mental
retardation, while 51 % (759 juveniles) hada dual diagnosis involving
two different mental health disorders. Approximately 76% (1,13 1) had
previously been involved with DSHS. On average juveniles had received services for 18 _ months (566 days) from DSHS befare starting

�92

/ Mental/y ll/ Offenders in the Juvenile Justice System Ami the Specialized Needs Diversionary Program

SNDP.

Factor

Description

Dual

Dual Diagnosis Mental lllness/ Sub Abuse

64%

Diagnosis

No Dual Diagnosis

71%

GAF

40 or less

59%

Seores

41-50

74%

51 or more*

68%

Numberof

One

80%

Referrals

Two

74%

Three

66%

Four

62%

Five ormore

51%

Numberof

Zero

81%

Detentions

One

71%

Two

66%

FY 2004
Nbr
%
33
3%

Three

53%

Four

57%

30
708
103

Five or more

49%

Numberof

Zero

78%

Adjudications

One

69%

Two

62%

Three or more

61% .

Completion Rates
The percent of juveniles completing the program increased from 47%
in FY '02 (the first year of the program) to 70% in FY '04. A total
of 34 juveniles (3.3%) were committed to the Texas Youth Commission (TYC) or transferred to the adult system upon discharge from the
program in FY '04. Juveniles with a dual diagnosis of mental illness/
substance abuse or with a GAF score of 40 or lower were significantly
less likely to complete the program than other juveniles. Juveniles with
more referrals, detentions, and adjudications were also significantly
less likely to complete the program.
Figure 7: Program Outcomes ofSNDP Juveniles Discharged FY 2002
- FY 2004

Other Unsuccessful Outcome
Total Juveniles Discharged

93

Figure 8: Percent Completing SNDP, FY '04, by Mental Health &amp;
Criminal History

The most common offenses for which juveniles were referred just prior
to entering the program were Misdemeanor Assault and Violation of
Probation. Almost half the juveniles involved in the program had at
sorne time been referred for a felony o:ffense. Over 40% of juveniles
participating in SNDP in FY 2004 had three or more referrals upon
starting the program, while just under 20% had been detained three or
more times upon starting the program.

Absconded
Committed to TYC
Completed the Program
Discharged Early/ Moved
to Another Program
Placed Out of the Home
Transferred Out of Jurisdiction
Transferred to Adult System

Revista Perspectivas Sociales I Social Perspeclives primaveralspring 2()06. Vol.8, Num. I /

FY 2002
Nbr
%
12
3%
19
5%
189 47%
78 19%
47
10
2
44
401

12%
2%
0%
11%
100%

FY 2003
Nbr
%
61
6%
31
3%
571 60%
160 17%
97
23
6

o
949

10%

114
26
4

3%
70%
10%

11%
2%
3%
1%
0%
0%
o 0%
100% 1,018 100%

Percent

*Only 22 juveniles had a GAF score of 51 or more, which may account for this odd
trend.

�94

/

Mental/y /11 Offenders in the Juvenile J11stice System And lhe Specialized Needs Diversionary Program

Juveniles discharged in FY '04 who had more home contacts per week
bad signi:ficantly higher completion cates than others. Juveniles receiving an average ofless than one home contact per week hada 33% completion rate, while juveniles with one to less tban two home contacts
per week bada 73% rate, and juveniles with two or more home contacts
per week hada 74% rate. Juveniles receiving certain probation services
also had signi:ficantly higher completion rates than others. Juveniles
receiving life ski lis services had a 71 % completion rate compared to
64% for those who did not; juveniles receiving mentoring services had
a 77% rate compared to 66% for tbose who did not; and juveniles receiving vocational services bad an 84% rate compared to 69% for those
who did not.

Resideotial Placement Rates
Approximately 19% of juveniles starting SNDP in FY 2002 were sent
to residential placement within one year of the date they began the program, while 25% were sent to placement within two years. Juveniles
starting SNDP in FY 2003 also hada one year placement rate of 19%.
Toe one year rate of7% for those successfully completing the program
in FY'02 and FY'03 was almost 2/3 's less than tbat for all other juveniles, while the two year rate of 13% for those completing the program
in FY ' 02 was almost half less than that for ali other juveniles.
Figure 9: Juveniles Starting SNDP Sent to Residential Placement

Revista Perspeclivas Sociales / Social Perspectives primavera/spring 2006. Vol.8, Num. 1/

95

these juveniles was 33%. These rates are signi:ficantly higher than those
shown in Figure 14 for juveniles starting SNDP tbat year. Toe one year
placement rate for juveniles receiving mental health treatment only in
FY '03 was 18%, which is actually lower tban tbat for juveniles starting
SNDP that year.
Toe residential placement rates of juveniles in SNDP were compared to a group of mentally ill juveniles who were not in SNDP. A
total of 592 juveniles starting SNDP in FY 2002 who were on probation
and who received both mental health treatment and specialized supervision were included in this analysis. Toe comparison group consisted of
6,497 juveniles who were on probation in FY 2002, were not in SNDP,
and were estimated to be mentally ill. 1 Juveniles were estimated to be
mentally ill if they ever hada recorded contact with Texas' public mental health system or were in a mental health program (other than the Enhanced Mental Health Initiative) coordinated through a local juvenile
probation department. SNDP juveniles had signi:ficantly lower residential placement rates than the comparison group. These differences
are more substantial when contrasting juveniles who successfully completed SNDP with juveniles in the comparison group who successfully
completed their probation supervision.
Figure 1O: Percent of Juveniles Starting SNDP &amp; Comparison Group in
FY 2002 Sent to Residential Placement within One and Two Years
Successfully Completed
TCOMI/Supv
One Year Rate Two Year Rate One Year Rate Two Year Rate
SNDPGroup
22%
'' 28%
8%
15%
Comparison Group
37%
41%
36%
38%
Ali Juveniles

Total
Completed the Program
Ali Other Outcomes

Starting FY 2003
Starting FY 2002
One Year Rate
Two
Year
Rate
One Year Rate
19%
19%
25%
7%
37%

13%
42%

7%
40%

Earlier it was discussed that sorne juveniles were provided mental
health treatment through the Enhanced Mental Health Services Initiative but, unlike juveniles in SNDP, received no specialized supervision.
Toe one year placement rate for juveniles receiving mental health treatment only in FY '02 was 28%, while the two year placement rate for

1 Tbere was no statistically significant difference in criminal history among the two
groups, with SNDP juveniles having an average of3.4 prior referrals and comparison
juveniles having an average of 3.5 prior referrals. SNDP juveniles and comparison
juveniles both had an average of 1.5 prior adjudications. SNDP juveniles were signifi-·
caotly younger !han the comparison group. A total of 69% of SNDP juveniles were less
thao 16 years old, while only 60% of the comparison group were less than 16 years old.
The SNDP group had a significantly greater percentage offemales (30%) than the comparison group (21 %). There was no significant difference in ethnicity, with minorities
comprising 65% of the SNDP group and 68% of the comparison group.

�96

/ Mental/y ll/ Offenders in the Juvenile Justice System And the Specialized Needs Diversionary Program

Though the SNDP group had a higher percentage of males, this did
not impact the overall comparison. This is because among males, the
SNDP group had a lower one year rate (21 % vs. 41 % for the comparison group) and two year rate (27% vs. 44% for the comparison group).
Among females, the SNDP group had a slightly lower one year rate
(24% vs. 26% for the comparison group) and a slightly higher two year
rate (29% v. 27% for the comparison group).

TYC Commitment Rates
Approximately 7% of juveniles starting SNDP in FY 2002 were committed to TYC within one year of the date they began the program,
while 14% were committed to TYC within two years. Juveniles starting SNDP in FY 2003 also hada one year TYC commitment rate of 7%.
Toe one year rate of2% for those successfully completing the program
in FY'02 and FY'03 was over 2/3's less than that for all other juveniles,
while the two year rate of 9% for those completing the program in FY
'02 was over 1/3 less than that for all other juveniles.
Figure 11: Juveniles Starting SNDP Committed to TYC

Total
Completad the Program
Ali Other Outcomes

Startin~ FY 2002
One Year Rate Two Year Rate
7%
14%
2%
14%

9%
21%

Starting FY 2003
One Year Rate
7%

Revista Perspectivas Sociales / Social Perspectives primal'eralspring 2006. Vol.8. Num. I I

those with two or more had a two year rate of 8%.
Toe one year TYC commitment rate for juveniles receiving mental
health treatment only in FY '02 was 9%, while the two year TYC rate
for these juveniles was 16%. These rates are slightly higher than those
shown for juveniles starting SNDP that year. Toe one year TYC comm.itment rate for juveniles receiving mental health treatment only in
FY '03 was 10%, and that rate is higher than that for juveniles starting
SNDP that year.
The TYC rates of juveniles in SNDP were compared to a group of
mentally iU juveniles who were not in SNDP. The two groups were the
same as those described earlier in the comparison of residential placement rates. SNDP juveniles had lower TYC rates than the comparison
group. Toe differences after one year were significant at .06; the differences after two years were not significant at ali. TYC commitment
rates were also lower when contrasting juveniles who successfully
completed SNDP withjuveniles in the comparison group who successfully completed their probation supervision. Toe differences after one
year were significant at .05; the differences after two years were not
significant at ali.
Figure 12: Percent of Juveniles Starting SNDP &amp; Comparison Group in
FY 2002 Sent to TYC within One and Two Years

2%
14%

In FY 2002 juveniles with fewer referrals and adjudications had
significantly lower TYC commitment rates than other juveniles. Juveniles starting SNDP in FY 2002 who had more home visits per week
had significantly lower TYC commitment rates than other juveniles.
Specifically, juveniles receiving an average of less than one home contact per week had a one year rate of 10%, juveniles with one to less than
two home contacts per week had a one year rate of 5%, and juveniles
with two or more home contacts per week had a one year rate of 3%.
Juveniles with less than one home contact per week had a two year rate
of 18%, those with one to less than two had a two year rate of 9%, and

97

Ali Juveniles

SNDP Group
Comparison Group

One Year
Rate
8%
11%

Two Year
Rate
15%
17%

Successfully Comp.leted
SNDP/ Sup
One Year
Two Year
Rate
Rate
3%
9%
6%
11%

Though the SNDP group hada higher percentage ofmales, this did
not impact the overall comparison. This is because among males, the
SNDP group hada lower one year rate (10 % vs. 12% for the comparison group) and two year rate ( 17% vs. 19% for the comparison group).
Among females, the SNDP group hada slightly lower one year rate (4%

�98

/ Mental/y fil O/fenders in the Juveni/e Justice System And the Specialized Needs Diversiona,y Program

vs. 6% for the comparison group) and a slightly higher two year rate
(10% v. 9% for the comparison group).

Future Research
Toe Texas Juvenile Probation Commission will continue to update
trends on the prevalence of mentally ill offenders and gaps in services
in the Texas juvenile justice system. lt also intends to follow the progress of SNDP, both in terms of outcomes and in terms of what types of
mental health treatments are proving to be the most effective at rehabilitating juveniles. Finally, TJPC plans on calculating re-offense rates for
juveniles participating in SNDP.

Revista Perspectivas Sociales / Social Perspectives primaveralspring 2006. Vo/.8, Num. JI

99

References
Cocozza, J.; E. Trupin, and L. Teodosio (2005). Diverting Youth with
Mental Health Needs from the Juvenile Justice System: Critical Issues
and Model Approaches. Gains TAPA Center for Jail Diversion and the
National Center for Mental Health and Juvenile Justice Net/ Teleconference on Juvenile Diversion Programs and Mental Health Courts.
Columbia University Guidelines for Child and Adolescent Mental
Health Referral. 2nd Edition (2003), New York, NY ,Columbia University Department of Child and Adolescent Psychiatry.
Otto, R.K.; J.J. Greenstein, M.K. Johnson, and R.M. Friedman (1992).
"Prevalence of mental disorders among youth in the juvenile justice
system ", in J.J. Cocozza (ed.), Responding to the Mental Health Needs
Among Youth in the Juvenile Justice System, Seattle, WA, Toe National coalition for the Mentally Il1 in the Criminal Justice System, pp.
7-48.
Wasserman, G.A.; S. J. Ko, and L.S. McReynolds (2004). Assessing
the Mental Health Status ofYouth in Juvenile Justice Settings, Office of
Juvenile Justice and Delinquency Prevention, Juvenile Justice Bulletin,
August 2004, NCJ 202713.

�RESEARCH ARTICLES ARTÍCULOS
DE INVESTIGACIÓN

�Revista Perspectivas Sociales I Social Perspectives primavera/spring 2006. Vo/.8, Num. 1 I Pág. /03-/29

l 03

Predictors of violent juvenile behavior: Examining the impact of
victimization and exposure to violence
Liliane C. Windsor*
Sanna J. Thompson**
Resumen

La comprensión del impacto de aquellos factores que influyen la conducta violenta entre jóvenes es de gran relevancia sobre todo cuando
se pretende intervenir en el proceso de involucramiento de los adolescentes en conductas criminales. A través de bases de datos cuantitativos
ya existentes y entrevistas a profundidad se explora, en este trabajo, el
impacto de la juventud, la familia y predictores que operan en el nivel
comunitario en el comportamiento juvenil violento.
Se realizó un análisis de datos secundarios procedentes de la Encuesta Nacional sobre Adolescentes en los Estudios Unidos de 1995 (n
= 3,219). Una vez controladas las variables demográficas, el nivel de
pobreza, la edad, la familia y/o el consumo de drogas/alcohol así como
violencia comunitario o escolar, los resultados del análisis de regresión
logística demostraron que el hecho de presenciar actos de violencia (OR
= 4.95) o haber sido victimizado en el pasado (OR= 4.32) incrementaron la probabilidad de un comportamiento violento en jóvenes.
Se realizaron entrevistas profundas con el personal del sistema de
justicia juvenil para indagar su percepción acerca de los factores que
influyen el comportamiento violente entre adolescentes. En estas entrevistas emergieron tres tópicos principales: 1) eventos que contribuyen a
la victimización; 2) consecuencias de la victimización y 3) factores que
motivan una conducta violenta. El análisis de las entrevistas profundas
hace pensar que el personal del sistema de justicia juvenil cree que los

* Li/iane C. Windsor is a PhD. Student at the University of Texas al Austin Schoo/ of
Social Work in the Substance Abuse Research Deve/opment Program. Her email is:
li/iw@mail.utexas.edu
** Sanna J. Thompson is an Associatte Professor at the University ofTexas Schoo/ of
Social Work_
ISSN 1405-1133 e 2006 Universidad Autónoma de Nuevo León, University ofTexas of Austin,
University ofTexas of Arlington, Our Lady ofthe Lake University, University ofTennessee,
Universidad Juárez del Estado de Durango.

�] 04 / Prediclors ofviolen/ juvenile behavior:

Revista Perrpectivas Sociales / Social Perspectives primaveralspring 2006. Vol.8, Num. I /

105

Examining the impac/ ofviclimizalion and exposure to violence

jóvenes son victimizados por lo general por los padres, situación que
conduce a una autopercepción y a una cosmovisión negativas. Las entrevistas indican asimismo que el comportamiento violento puede ser
comprendido como un mecanismo de afrontamiento que eleva los sentimientos de fuerza y control. Se requiere, empero, aún más investigación para comprender las causas y las circunstancias que conllevan a
adolescentes en actividades criminales.

Abstract
Understanding the impact of factors influencing violent behavior among
adolescents is of major importance in addressing the process by which
adolescents become involved in criminal behavior. Using existing
quantitative data as well as in-depth interviews, this study explored the
impact of youth, family, and community-level predictors on juvenile
violent behavior.
Secondary data analysis of the National Survey of Adolescents in the
United States, 1995 (N=3,219) were conducted. After controlling for
demographics, poverty level, youth, family, and/or peer drug/alcohol
use, community or school violence, results of logistic regression analyses demonstrated that witnessing violence (OR = 4.95) or previous
victimization (OR= 4.32) increased the likelihood of youths' violent
behavior.
In-depth semi-structured interviews were conducted with juvenile
justice system personnel to query perceptions of factors affecting violent behavior among adolescents. Toree major themes emerged: 1)
Events contributing to victimization, 2) Consequences of victimization,
and 3) Motivators of violent behavior. Analysis of in-depth interviews
suggested that juvenile justice personnel believe that youths' victimization is typically perpetrated by parents, leading to a negative selfperception and worldview. Interviews indicated that violent behavior
may be viewed as a coping mechanism to increase feelings of strength
and control. Further research is needed to understand the causes and
circumstances leading adolescents to engage in these types of criminal
activities.

Predictors of juvenile violent behavior: Examining the impact of victimization and exposure to violence

Juvenile delinquency is currently one of the major social and public
health concems in America (Roberts, 2004). Although juvenile arrests
for violent and property crimes have decreased during the past 2 decades, law enforcement agencies reported 2.3 million arrests of people
under age 18 in 2002. Speci:fically, juveniles accounted for 15% of ali
violent crime arrests (Snyder, 2004). A 2001 national survey also found
that 39.1 % of adolescents who drank alcohol became violent and 52%
who drank became violent at least twice (SAMHSA, 2002). In addition, more than 4 million youth participated in a serious fight at school
or the workplace and almost 2 million attacked others with the intent to
seriously hurt them (SAMHSA, 2002). These are conservative figures
as they include only criminal behavior reported to the police. It is estimated that juvenile delinquent acts not reported to the police may be as
high as 13 million annually (Roberts, 2004).
Severa! theories have been developed to explain the unfolding of
violent behavior among adolescents, including: 1) social leaming theory, which argues that criminal behavior is leamed through interpersonal
mechanisms such as imitation and reinforcements (Akers and Jensen
2003; Bandura, 1977); 2) strain theories that hypothesize 'that stress i~
caused by inequitable social structures that encourage individuals to
engage in criminal behavior (Merton, 1938); and 3) differential association theories propose that those who are exposed selectively or differentially to delinquent individuals are more likely to become delinquent
(Sutherland, and Cressey, 1955). These theories identify possible predictors and explanations for adolescent violent behavior; however, .they
lack strong research support and have been criticized for providing only
vague definitions and limited usefulness (Warr, 2002).
Riskfactors associated with juvenile violen! behavior

For the purposes of this paper, juvenile violent behavior is defined as
any illegal act committed by an adolescent that directly involves a victim. Such violence can range from physical assault to murder. Various
risk factors have been shown to be associated with violent behaviot
including the following:
'

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- Youth substance abuse/dependency is strongly correlated with illegal activity and violence with evidence ofbidirectional effects (Dembo, and Pacheco, 1999; Goldstein, 1985; lnciardi, 1990; Lurigio, and
Swartz, 1999; Winters, 1998).

- Family factors include parental criminal behavior and drug use,
maternal mental illness, negative parental attitudes, poor family management, single-parent homes, socio-economic disadvantage, child
abuse and neglect, and domestic violence (Dunifon, and KowaleskiJones, 2002; Pagan, 2003; Fergusson, Swain-Campbell, and Horwood,
2004; Grogan-Kaylor, and Otis, 2003; Herrera, and McCloskey, 2003;
Nofziger, 2003). According to Baron (1998), being a victim of family
abuse or serious assault, having few financial resources, and associating
with criminal friends often results in greater violent behavior.
- Community and school violence factors include the availability of
guns and drugs within the environment. Communities that tolerate drug
use and violence have been shown to increase juvenile violent behavior. School violence refers to acts of violence witnessed/perpetrated
within school environments (Anderson, 1994; Buka, Stichick, Birdthistle, and Earls, 2001; Jonson-Reid, 1998; Nofziger, 2003; Scarpa, 2003;
Schwartz, and Proctor, 2000)
- Peers are highly infl.uential in adolescence; thus, association with
other violent peers is a key factor in youths' violent behavior. Three
mechanisms by which peers may infl.uence this behavior are fear of
ridicule, loyalty, and status (Warr, 2002). Loyalty and fear of ridicule
are potent compliance mechanisms for inducing conformity in adolescent groups regardless of whether the behavior is legal or not. Research
indicates that the greater the youths' association with deviant peers, the
more likely he/she is to display delinquent behaviors (Heinze, Toro, and
Urberg, 2004). Unlike loyalty and ridicule, status threats can provide
direct provocation for violent criminal conduct. A desire to acquire
status can prompt unprovoked violence, such as bullying, to achieve
status. Exhibiting daring, spontaneity, toughness, and leadership are
qualities often needed to achieve higher status among adolescent peers
(Warr, 2002).

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Victimization and exposure to violence
Victimization and exposure to violence have been shown to be strong
predictors of violent behavior (Buka et al., 2001 ; Halliday-Boykins,
and Graham, 200 l; Lauritsen, Laub, and Sampson, 1992; Schwartz et
al., 2000). According to the National Crime Victimization Survey (NIJ,
2003 ), rates of violent crimes are highest among youth between 16 and
19 years ofage; rates ofvictimization were 55.6 per 1,000 persons during 2002-2003. Adolescents 12-17 years of age living in single-parent
families are three times more likely to be victimized than the "average" Americans age 12 or older. According to the Office of Juvenile
Justice, 10% of youth who live in the most disadvantaged communities experience the highest risk for neighborhood violence; nearly 58
of every 1,000 youth reported at least one incident of violence during a
six-month period in 2003, a level that is six times greater than the risk
for youth in non-violent neighborhoods. Minority groups are at higher
risk of being a victim of violent crime (Maxfield, and Widon, 1996;
Snyder, 2004).
Understanding the impact of factors influencing violent behavior
among adolescents is of major importance to improve understanding
ofthe process by which adolescents become involved in these criminal
behaviors. Previous studies have been limited in explaining the dynamics of the relationship between victimization and exposure to violence on violent behavior. Studies have utilized quantitative methods
and correlation analyses to assess the relationship between victimization or witnessing violence and violent behavior (Abram et al., 2004;
Chang, Chen, and Brownson, 2003; Comell, Benedek, and Benedek,
1987; Daley, and Onwuegbuzie, 2004; English, Widon, and Brandford, 2002; Grogan-Kaylor et al., 2003; Halliday-Boykins et al., 2001 ;
Schwartz et al., 2000). Attempts to disentangle the processes by which
victimization leads to violent behavior are limited. Furthermore, most
studies have only included juvenile delinquents in their sample, excluding those youth who have committed crimes but who have not been
arrested (Abram et al., 2004; Chang et al., 2003; Comell et al., 1987;
Daley et al., 2004; Halliday-Boykins et al., 2001).

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Research shows that victimization increases the risk of arrest and
re-arrest, delinquency, and incidence of violent crime (Chang et al.,
2003; English et al., 2002; Maxfield et al., 1996; Smith, and Thornberry, 1995); however it remains unclear what the impact of selected
predictors are on juvenile violent behavior. For this study, secondary
data analysis was used to examine the role of victimization, exposure
to violence, and other known risk factors to predict adolescent violent
behavior. A cross-sectional national quantitative dataset, as well as indepth qualitative interviews with juvenile justice personnel were analyzed to provide insight concerning the process by which a child who
was victimized or witnessed violence becomes the victimizer. Understanding this process is important in shaping interventions that can prevent violent behavior.

Methods: Quantitative Component
Data and Sample
A sample was drawn from the National Survey of Adolescents in the
United States, 1995. Toe data were collected through a national probability telephone sample of 4,023 juveniles and their parents or guardians. Toe sample included youth between the ages of 12-17 who 1)
were living in United States' households with telephones; 2) resided
with a parent or guardian; and 3) could converse in English or Spanish.
Ali interviews with both parents and adolescents were conducted using
Computer-Assisted Telephone Interviewing (CATI) technology. For a
detailed description of sampling and recruitment see Nofziger, (2003).
After exclusion of missing cases, the overall sample (N=3,2 l 9) averaged 15 years of age (SD=1.6), with half being male. Although most
of these youths were White (69%), substantial percentages were Black
(14%), and Hispanic (10%). Toe remaining 7% self-reported belonging
to another ethnic background. Nearly one-quarter of the youths (21 %)
were in ninth grade. Toe majority of youth were above the poverty
(82%) threshold of $20,000 annually. In this sample, 349 youths reported past violent behavior and 3069 youths denied past violent behavior.

109

Consistent with previous research, an appallingly high nurnber of
youths perceived violence as a problem in their school (80%), and their
community (80%). Drugs were identified as a problem in the majority
of their communities (84%). Youths self-report of peer substance use
were consistent with national trends reported by the National Institute
on Drug Abuse (2004) (see Table 1).

Variables
Drawing upon previous research of known significant predictors of violent behavior, the following variables were included in the quantitative
analysis:

Dependen/ Variable
Youth violen! behavior: Ibis dichotomous variable was created by combining youths' self-report on whether they had ever been involved in
gang fighting, armed robbery, forced someone to have sex against their
will, and/or attacked someone with intent to seriously hurt or kill.

Independent Variables
Victimization: This variable &lt;loes not include sexual abuse or neglect.
lt was created by combining youths' self-report on whether they had
ever been: 1) attacked with a weapon; 2) attacked without a weapon
and thought the perpetrator was trying to kill or seriously injure them;
3) threatened with a weapon; and/or 4) beaten up with something like
a stick, club, or bottle and were hurt pretty bad. Perpetrators included
family, friends, or strangers.

Witnessed violence: This variable was created by combining youths'
self-report on whether they had ever actually observed another person:
1) shooting someone; 2) cutting or stabbing someone; 3) being sexually
assaulted or raped; 4) being mugged or robbed; 5) threatening someone
else with a knife, a gun, or sorne other weapon; and/or 6) beaten up.
Control Variables
Gender: Youth self-report as male or female.
Ethnicity: Whether youth self-reported as White, Black, or Hispanic.
Youths 'Marijuana use: Whether youth meets DSM criteria for abuse or
dependency on marijuana.

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Youths 'Alcohol use: Whether youth meets DSM criteria for abuse or
dependency on alcohol.
Youths 'Hard drug use: Whether youth meets DSM criteria for abuse or
dependency on cocaine, heroine, or crack.
Family member alcohol use: Youths' self-report on whetber a family
member drinks alcohol so much that it became a problem.
Family member drug use: Youtbs' self-report on whether a family
member uses hard drugs or has a drug problem.
Peer marijuana use: Youth's self-report on whether their friends had
ever used marijuana.
Peer alcohol use: Youth 's self-report on whether their friends had ever
drunk alcohol.
Peer prescription drug use: Youth's self-report on whether their friends
had ever used prescription drugs for recreational purposes.
Peer violence: This variable was created by combining youths' self-report on whether their friends had ever threatened or hit someone without any reason and or forced someone to have sex against their will.
Poverty Leve/: Tbis measure was obtained by determining the number of people in each household and using it to determine the census
poverty threshold. Toe sample had a mean of four individua]s in the
household; thus, the poverty threshold was set at 19,500 per year. According to U.S. Census reports, those earning below 20,000 per year are
considered impoverished (De-Navas-Watt, Proctor, and Mills, 2004).
Community violence: Youths' perception whether violence is a problem in their community.
Drugs in the community: Youths' perception whether drug use is a
problem in their community.
School violence: Youths' perception whether violence is a problem in
their school.

s

s

Data Analysis
Logistic regression models were conducted with the entire sample to
examine the leve! of association between victimization and exposure
to violence on violent behavior after controlling for ali other variables
in the model. Nominal-leve! independent variables with more than two
categories were transformed into dummy variables and assigned reference categories (e.g., the reference category for ethnicity was White).

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These categorical variables yield exponentiated B or odds ratios (ORs)
that reflect the likelihood of a positive response relative to a defined
reference category, after controlling for ali other effects in the model.
For this study, the ORs refl.ect the likelihood of speci:fic variable occurring relative to youth's violent behavior. Partial regression coefficients
(B) for each independent variable show how much the value of the dependent variable changes when the value of the independent variable
changes.

Qualitative Interviews
Data and Sample
Juvenile justice personnel work closely with delinquent youth. Such
professionals have the opportunity to interact with delinquent juveniles
on a daily basis and learn about their histories. Thus, it can be very infonnative to include juveni le justice personnel 's perceptions of the process by which victimized youth become perpetrators. Qualitative data
was collected from three participants who were professionals working
with delinquent youth and/or adults who were victimized during childhood and engaged in violent behavior during adolescence. Interview
participants were selected using convenience sampling. Study participants included a youth worker with extensive juvenile justice system
experience, the head of research at a youth correction agency responsible for overseeing reports conducted to infonn and evaluate policies
related to juvenile detention and recidivism, and a lawyer associated
with a juvenile detention center. All participants were mate, except one;
two were Caucasian and one was Hispanic. Age ranged from 34-46,
and participants had been working with high-risk youth from one to ten
years. Interviews ranged from 30 minutes to 90 minutes and were conducted at the participants' office with the exception of one participant
who chose to be interviewed at the research office. An interview guide
was used to prompt information from participants (see appendix 1).

Analysis of Qualitative Interviews
Each interview was analyzed based on open coding techniques in order
to identify, name, categorize, and describe phenomena found in the in-

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Examining /he impacJ ofvictimization anti exposure to violence

terviews. Open codingwas then followed by axial coding to determine
the central phenomena through the identification ofparticular categories
of interest. Relationships between open codes were examined with an
emphasis on causality. These categories were then connected through
selective coding, at which point the axial codes were analyzed in terms
of their relationship to each other and core categories were identified.
The coding scheme, developed after analyzing the first interview, was
used as a reference to code all subsequent interviews. New emerging
categories were incorporated in the initial coding sheet. For a more
detailed description of analysis see Creswell (1998). Major themes included: events contributing to victimizations, consequences of victimization, and motivators of juvenile violent behavior.

ing to victimization; 2) consequences of victimization; and 3) motivators of juvenile violent behavior. Victimization constituted of respondent's memories of violence perpetrated against delinquent youth they
worked with. One of the respondents included memories about bis own
life because this respondent engaged in violent behavior during adolescence. Examples of experiences ranged from being thrown out of
the house in the middle of the night, being forced into prostitution by
a parent, or witnessing the murder of a loved one. Toe victimization
experiences seemed to be interrelated to all other categories either as a
consequence or as a precipitating factor; they were present in ali cases
discussed in the interviews. Respondents indicated these experiences
had a profound negative impact on tbe lives of youth in which these
providers had come into contact.

Results
Events contributing to victimization
Findings Jrom Regression Analysis
Results ofthe final logistic regression model (see Table 2) indicated that
witnessing violence increased the likelihood of perpetrating violence
by nearly five times (OR = 4.95); sirnilarly, being victimized increased
the odds of being a victimizer by more than four times (OR= 4.32),
after controlling for a variety of other variables in the model. Other signi:ficant predictors of violent behavior demonstrated that youth alcohol
(OR= 1.79) and marijuana (OR=2.52) abuse/dependence increased the
lik:elihood ofviolent behavior, as did having peers who engaged in violent behavior (OR= 2.36). Other control variables suggested increased
lik:elihood of violent behavior: youth who had friends that used marijuana (OR=.462), alcohol (OR=.409), or prescription drugs (OR =.614)
were significantly more likely to be violent than youth who did not
have friends who used these substances. Being Caucasian decreased
the likelihood of violent behavior by 40% (OR=.414) relative to racial
minority groups. Males were 64% more likely to engage in violent behavior then females (OR= .360)(model c2 = 745.64, p = .000).

Findings from Qualitative lnterviews
Toree major themes emerged after analysis of the qualitative interviews
with criminaljustice personnel. Themes included: 1) events contribut-

Based on juvenile justice personnel's perspective, themes identifying
events related to victimization were primarily constituted by stressors
tbat contributed to tbe parents' loss of control which resulted in the
victimization of the child. Stressors included domestic violence, neglect, drug and alcohol abuse in the family, parents' negative behaviors,
parental excessive control of the child, exposure to violence, and low
socio-economic status. Parents were the perpetrators of victirnization
in nearly all experiences described by participating juvenile justice personnel. One respondent described the circumstances leading to the
victimization of a young girl in the juvenile justice system:
"Ann was also bom in a poor fam.ily. Both her parents were addicted to
crack cocaine. Tbey used to have money and everything, but her dad
started getting into trouble and into debt deeper and deeper because of
the drugs. They lost everything. After they lost their big house, they
were forced to move in with her grandfather who lived in the inner city.
That's where her mom really Iost it. Ann was only 2 years old when that
happened. Her parents were never home and her grandfather was so sad
he died ayear later. They stayed in grandpa's house until they sold it for
dope money. Ann 's parents were never around unless they were dope sick. .
They were constantly moving from place to place scraping for food.
Things got real bad and her parents finally decided to separate. Ann
stayed with her mom, living with a friend There was no food in the

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:fridge, and many people doing drugs around the house. During that time
Ann saw people stealing from each other, fighting, being arrested, and
doing drugs. But the big turn in her life happened when she turned 1O
years old. Her mother was dope sick, trying desperately to raise sorne
money when a neighbor told her he would give her 20 dollars to have sex
with her daughter. 20 dollars! She did not think twice. She went in the
house, gave her daughter alcohol and told her to do everything this man
wanted her to do because they needed the money. Ann did not have
anyone else she could turn to. Her father was in prison and everyone she
knew was doing the same thing. She was also far too asbamed and scared
to say anything to anyone. The prostitution went on until Ann was
arrested for drug charges."

Consequences ofvictimization
Consequences of victimization were described in the interviews with
juvenile justice personnel. These themes included self-~atred, ne~ative world view, anger, powerlessness, low self-image, d1sconnectton
from parents, negative role-models, need for revenge, youth drug_ and
alcohol abuse, lack of trust, and feelings of rejection. Following IS an
illustration of these relationships according to the life memories of the
respondent who engaged in violent behavior during adolescence:
"At the time I didn't respect women at ali anda lot ofthings, so I started
thinking, well I am this way because I saw my dad, my dad always raised
me, and excuse the way I say but I quote him: he used to wake me up like
4 in the morning, come home drunk and fuck women, and bitches, and
bla bla bla and it goes on and on. He would wake me up poking on my
chest saying what the fuck, get up, find something to do. At the time I
was only 5, 6, 7 years old, so that's what I had been hearing my whole life.
Toe whole time that he was doing that, my mom was in the other room
crying because he just beat her, and he has not been home for the past 3
days. So I am thinking that is why I don't have respect for women,
because that's what I had been preached. I am waking up at 4 o'clock in
the morning smelling beer and my dad, get off of my face, and fuck
women, them bitches and this and that. So it's no wonder I had that
mentality when I was 18 years old. I started drinking wben I was 13, 14,
15 and you know, I would go up, and this is when I was 18. You know I

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115

see my dad doing this and that fine, there's no rules, only tbe alcoholism
that exists in the family, so it's no wonder why I hated him so much. No
wonder why I am so aggressive and abusive. Why I was so ready to fight
because that's what I had seen, I believe that."

Motivators ofviolent behavior
Essentially participating juvenile justice personnel perceived criminal
behavior as a coping mechanism to deal with the aftermath of victimization. According to respondents, victimization often resulted in youth
feeling powerless, lonely, weak, and hopeless. Youth felt rejected and
alone in a world where "you must take what you want". Turning to
crime was described as a way to demonstrate strength and control. Youth
found new friends (also involved in crime), felt better about themselves
and regained a fragile illusion of control. Criminal behavior was also
a way for youth to take justice into their own bands by becoming the
perpetrator as opposed to the victim. lt was also described as a way
for youth to protect themselves and their families in a world where you
cannot trust anyone. For example, the respondent described bis experience during a turbulent adolescence:
"I did it because I think my dad had so much control over the house and
he had all the power in the house and the way he did it was so aggressive
and now at home I guess I played that victim role, but the only way that I
could feel powerful, cause at home I felt so dam weak I felt so you know
controlled that when I got out I had to make myself, I guess at that time I
was a kid, I had to make myself feel more like a man by going out and
doing stupid stuff. Showing my, and I was always angry, around, so I was
15 years old. I was the youngest guy, the guy closest to my age m.ight
have been like 22 years old, 21 years old. So I always hanging around
with older people. Huh, so I felt that, I felt so little, so powerless at home
that I felt I needed to hang with older guys, and the older guys to have
respect. .. "

Another participant shared the story of one of the youths he worked
with:
"He was accused ofkilling his brother until the cops finally found the men

1 ....

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who were in fact responsible for the murder. Bobby was released to his
family. No one ever apologized for wrongfully accusing him. He ran
away from home and lived on the streets and friends houses where he
started using and selling drugs. Bobby was arrested several times until
he was fi.nally sent to prison for drug trafl:icking. He is currently doing
time. Bobby was never able to overcome the anger he felt toward bis
parents and toward the world. He felt that no one cared and that if you
want to survive you have to work for yourself and not trust anyone. He
also always believed he was a bad person, and that is why nobody ever
wanted him. Doing what he did was a way for him to be seen, noticed by
other people. Even if that meant being hated, it was better then not
ex:isting at all."

Discussion
Toe current paper presents findings from in-depth interviews with juvenile justice personnel and a large national dataset to understand predictors of violent behavior among youth who become juvenile offenders.
Results demonstrate the negative impact of victimization and exposure
to violence on youth and the aggravating circumstances that lead sorne
these youth to engage in criminal behavior.
Logistic regression analyses indicated that being a direct victim of
violence and witnessing violence were significant predictors of violent
behavior after controlling for severa! relevant variables. Specifi.cally,
this study found that youths who were victimized are 4 times more likely to engage in violent behavior and youths who witnessed violence are
5 times more lik:ely to engage in violent behaviors. These results support previous findings in the existing literature and further support various theories of deviant behavior. For example, social learning theory
argues that behavior, including criminal behavior, is leamed through
positive and negative reinforcement (Orcutt, 1983). If a person is rewarded for criminal behavior more tban they are punished, they will
be more likely to commit criminal acts. Others empbasize that criminal bebavior is learned in tbe same way as any other kind of behavior (Jenlcs, 2000). For youth who experience victimization by family
members or others or who witness violent acts, tbeir learned behaviors
are often counter to pro-societal norms (Wbitbeck, and Simons, 1990;

117

Whitbeck, and Simons, 1993). Criminal and violent behavior then
'
'
become a coping mechanism to deal with the aftermath of victimization. Violence against others may be viewed as the only response these
youths perceive is needed to develop their sense of power and place
in the world. In fact, ethnographic works sucb as Code of the Streets
(Anderson, 1994) suggests that violence is used by these youth to gain
respect, power, and protection. However, this response to victimization
creates a vicious cycle of continued violence, reducing the possibility
of opportunities to make positive changes.
Quantitative analyses indicated tbat gender was a predictive factor
in perpetrating violent behaviors; males were more likely to conduct
tbese behaviors tban females. Qualitative interviews supported this
finding as respondents spoke of females ' greater vulnerability to sexual
exploitation. Female youth were described in qualitative interviews as
being forced into prostitution by their motbers to support a drug habit.
Research of such exploitation of female youth indicates that females
are more likely to become victims of sexual assault and exploitation
while males are more likely to become victims of physical violence (Janus, Archambault, Brown, and Welsh, 1995; McCormack, Janus, and
Burgess, 1986; Rew, Taylor-Seehafer, and Fitzgerald, 2001 ; Wbitbeck
et al., 1993). Although males were 64% more likely to engage in violent behavior then females, males are more often victims of physical
threats and assault while females were more often victims of sexual
exploitation and rape (Stewart et al., 2004). Females who were sexually abused are more likely to engage in delinquent acts while sexually
abused males are more likely to report physical symptomatology.and
fear of adult meo (McCormack et al., 1986).
Racial differences indicated that White youth were less likely to
perpetrate violence than were minority groups; minorities were 59%
more likely to engage in violent behavior than wbites. Previous researcb confirms this finding, as African Americans are more likely to
be victims of crime than are whiteA.mericans (Neal, and Turner, 1991).
Homicide ranks as the leading cause of death among young black males
(Takanishi, 1993) and adolescent African American males are more
likely to die of a gunshot wound caused by a friend of acquaintance
than from any other cause (Hammond, and Yung, 1993). Toe incidence

.,.

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of fatal violence for adolescent Latino males has been reported to be
3-4 times greater than for white counterparts (Hammond et al., 1993).
Racial differences were not presented as a category related to victimization and criminal behavior in the qualitative interviews; however, it
was identified throughout the interviews as an impact across ali themes
discussed. Interview participants believed that minorities have particularly high risk for victimization due to poverty. They noted that limited
:financia! resources of these youth lead to a lack of support networks,
increased exposure to violence and drug/alcohol abuse, lack of parental
supervision, vulnerability to exploitation, lack of health insurance and
mental health treatment, and fewer opportunities.
In this study, peer violence and peer substance use were highly significant predictors of youths' violent behaviors. Previous research has
reported that being a victim of family abuse or serious assault, having
few financia! resources, spending more time on the streets, and associating with criminal friends result in more violent, delinquent behaviors
(Baron et al., 1998). Specifically, victimization both during childhood
as well as after being on the streets is a significant predictor of robbery,
aggravated assault, and involvement in group fights. Adolescents who
spend longer periods of time without adult supervision and in the company of their peers are significantly more likely to engage in delinquent
behavior then their counterparts (Heinze et al., 2004; Warr, 2002; Yoder, Whitbeck, and Hoyt, 2003).
Youth living in impoverished communities are exposed to other
deviant peers that often teach them delinquent behavior. Yoder and
colleagues (2003) found support for the selection and social affiliation
models developed by Thomberry and colleagues (1993) in which it is
hypothesized that: 1) gangs attract youth who are already involved in
violence (selection); 2) gangs train youth to become delinquent (social
a:ffiliation); and 3) gangs attract those who are already delinquent and
further trains them in becoming more delinquent (enhancement). As
one qualitative interviewee noted, " ... [urban] youth see crime every
day, so that is what they know, and they quickly leam that they can
make more money committing crimes. Kids [who live] there also have
too much time on their hands and little supervision, so they are a product of their environment. They do not think they have choices, they do

not think about their future."
An interesting finding of this study was the lack of significance
with measures of community and school violence, as well as drugs in
the community. Although most youth perceived their coromunities and
schools as violent environments, these were not significant predictors
of their own violent behavior. As high crime communities are distinguished by their economic deprivation, tendency to be large in size,
are overcrowded, and have greater proportions of non-White residents
(Agnew, 1999), it may be that these youth &lt;lid not live in truly violent
environments. 0n the other hand, the variable of measuring poverty
level was also not a significant predictor of violence behavior in this
study. Thus, this lack of significant association may sirnply be an artifact of poor measurement rather than an accurate reflection of the irnpact ofviolence and drugs in the community and at school or particular
bias of the sample.

Limitations
Quantitative analysis

This study included severa! limitations that must be discussed in light
of the results. First, the use of a secondary data source for this study
limited the unavailability of important variables, such as more comprehensive measures of substance use, family functioning, community
and school violence, and peer influences. Furthermore, the sample was
fairly imbalanced between the numbers of youth indicating or denying
experiences of violent behavior (3069 youth denied violent behavior
and 349 reported violent behavior). However the large sample likely
makes the effects of the unbalanced groups less of a concem. Finally,
given the nature of cross-sectional data, our findings cannot inform causality--that is, which conclition occurred first. For example, it is not
possible to determine whether violent behavior preceded or was the
result of the youths' exposure to violent acts.
Qualitative Analysis

Toe main limitation consisted of the researcher's inability to interview

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youth directly due to IRB constraints. Direct interviews with victimized juvenile delinquents are crucial to better understand and map the
process that leads them to engage in criminal behavior. Furthermore,
the qualitative sample and sampling procedure were limited in scope;
only those individuals that the researcher knew were contacted. Thus,
there were no African American respondents interviewed, which would
have been a rich source of information. Finally, saturation of the data
was impossible due to time limitations and resulted in incomplete or
limited narratives concerning topics of interest for this analysis.

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trauma in youth in juvenile detention ", Archives of General Psychiatry,
61, pp. 403-410.
Agnew, R. (1999). "A general strain theory of community differences
in crime rates ", Joumal of Research in Crime and Delinquency, 36 (2),
pp. 123-155.

Implications
Despite the limitations, results provide support for continued research
of this population and suggest needs that individuals working with
these youth must consider. Child victimization and youth violent behavior have been a longstanding concem in the United States. Crime
and victimization dramatically reduces the well-being ofthe population
at large and results in extensive economic costs to the nation (Roberts,
2004). Increased understanding of the causes and circumstances leading to criminal behavior is imperative in developing effective interventions to minimize the problems associated with juvenile delinquency,
and more specifically, violent behaviors. For example, interventions
must specifically address issues of minority and impoverished youth
who are at particularly high risk for victimization. Family relationships
are also an important area that deserves increased attention. Finally, increasing the knowledge of staff that interacts with juvenile delinquents
may help them better understand the needs of these youth and serve as
positive role models. Further research is needed to increase our understanding of this topic as well as our ability to serve these disadvantaged
populations.

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1
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Examining the impact ofvictimization ami exposure to violence

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127

Examining the impacl ofviclimization ond exposure lo vio/ence

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Table 1: Quantitative Sample Demographics
Characteristics
Gender
Male
Female
Race
White
Black
Hispanic
Other
Youth Victimization
Victimized
Not victimized
Youth Violence Exposure
Witnessed violence
Has not witnessed violence
Youth Behavior
Violent
Notviolent
Youth Substance Abuse/Dependence
Marijuana
Harddrug
Alcohol
Family problem substance use
Alcohol
Hard drugs
Peer substance use (ever)
Marijuana
Alcohol
Prescription drugs (recreational use)
Peer Behavior
Violent
Not violent
Poverty Level
Below poverty
Above poverty
Problems in the Community
Violence
Drugs
School Violence
Problem
Nota problem
MeanAge Years (SD)

Percentage (n=645)
50%
50%

69%
14%
10%
7%
19%
81%
73%
27%

11%
89%
5%

1%
5%

15%
10%
40%

55%
7%
23%
77%

18%
82%
80%

84%
80%
20%
15 (1.6)

....

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I Predictors ofviolen/ juvenile behavior:
Examining the impact ofvictimization ami exposure to violence

Table 2: Logistic Regression Model of Predictors ofYouth Violent
Behavior

129

Appendix 1
lnterview Guide

Characteristics

B

S.E.

Sig.

OddsRatio

Poverty Level

-.183

.176

.298

.833

Youth Drug Abuse/dependence
Marijuana
Hard drugs
Alcohol

.925
.248
.580

.235
.425
.232

.000
.560
.013

2.522**
1.281
1.786**

Peer Violence

.861

.146

.000

2.365**

Friend Substance Use (ever)
Marijuana
Alcohol
Prescription drug

.772
.893
.488

.195
.238
.209

.000
.000
.020

.462**
.409**
.614**

Gender

-1.021

.152

.000

.360**

Family problem substance use
Alcohol
Harddrugs

.220
.299

.170
.187

.196
.110

1.246
1.348

Ethnicity
White
Black
Hispanic

-.882
.145
.007

.295
.316
.334

.003
.646
.983

.414**
1.156
1.007

School Violence

.157

.118

.183

1.170

Community Violence

.033

.109

.764

1.033

Drugs are a problem
in the Community

.006

.077

.933

1.006

Youth Victimization

1.462

.145

.000

4.316

Youth Violence Exposure /
Witnessing violence

1.600

.429

.000

4.954

Constant

.347

.794

.662

1.415

Model X2

745.64 (p=.000)

1-) Tell me a little about your professional experience with the juvenile
justice system.
2-) Could you describe a typical day of work there?
3-) Have you ever worked with a Latino youth who was a victim of violent crime as a child, and later became a perpetrator of violent crime?
a-) Could you tell me about this case without disclosing the youth's
real name?
b-) What do you think lead this child to commit a crime?
c-) Do you think this youth suffered any kind of discrimination
during his/her life?
4-) Have you ever worked with a White youth who was a victim of violent crime as a child, and later became a perpetrator of violent crime?
a-) Could you tell me about this case without disclosing the youth's
real name?
b-) What do you think lead this child to commit a crime?
c-) Do you think this youth suffered any kind of discrimination
during his/her life?
5-) Have you ever worked with a Black youth who was a victim of
violent crime as a child, and later became a perpetrator of violent
crime?
a-) Could you tell me about this case without disclosing the youth 's
real name?
b-) What do you think lead this child to commit a crime?
c-) Do you think this youth suffered any kind of discrimination
during his/her life?
6-) Do you think being a minority influences delinquent behavior?
How?
7-) Ask demographic questions

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131

Accelerated, Differentiated Instruction on the Reading
Achievement oflncarcerated Youth with Disabilities: Unexpected
Progress in a Time of Skepticism
Forrest A. Novy*
Eric Fredlund**

Resumen
Algunos estudios frecuentemente citados sugieren remediar las dificultades de aprendizaje para que sean minimalmente efectivos después del
segundo grado de secundaria. Sin embargo, según nuestra experiencia
con prácticas de aprendizaje diferenciadas y aceleradas aplicadas a
adolescentes encarcelados con niveles de aprovechamiento menores
pasa lo contrario. Los autores describen las características de jóvenes
con discapacidades en uno de los centros correccionales estatales más
grandes de los Estados Unidos de Norteamérica y comparten resultados
sobre capacidades de lectura que apoyan la posición de que una de las
poblaciones juveniles socialmente más constreñidas y con bajos niveles
de aprovechamiento académico puede aprender a velocidades no esperadas.

Abstract
Frequently quoted research suggests remediation oflearning difficulties
to be "minimally effective" after second grade. However, our experience
with differentiated, accelerated learning practices with underachieving
incarcerated adolescents with disabilities indicates the opposite is true.
The authors describe the characteristics of youth with disabilities in
one of America's largest state juvenile correctional systems, and share
reading outcome data that support the view that one of today's most
disenfranchised and academically underachieving juvenile populations
can leam at rates far exceeding common expectations.

* Forrest A. Novy is the Director ofSpecial Education ofthe Texas Youth Commission,
Austin, Texas.
** Eric Fredlund is Research Analyst for the Texas Youth Commission, Austin, Texas.
ISSN 1405-11 33 O 2006 Universidad Autónoma de Nuevo León, University ofTexas of Austin,
University ofTexas of Arlingtoo, Our Lady of the Lake University, University ofTennessee,
Universidad Juárez del Estado de Durango.

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133

Youth with Disabilities: Unexpected Progress in a Time o/Skepticism

Palabras claves / Key Words
Instrucción, jóvenes, dificultades de aprendizaje, cárcel, programas
Instruction, youth, leaming difficulties, correccional system, programmes

lntroducction
Incarceratedjuvenile offenders with disabilities are one of today's most
disenfranchised cohorts of children. Ranging in ages from 10-21 (average
age approximately 16), the group is estimated to account for 30-70% of all
youth committed by the courts to residential correctional settings (Leone,
Meisel, &amp; Drakeford, 2002, Müller, E., 2005; Quinn, Rutherford, Leone,
Osher, &amp; Poirier, 2005). Compared to general population age-mates,
incarcerated youth with disabilities presenta troubling milieu of"at risk"
characteristics. Literature and other research reviews consistently report
higher than expected levels of academic underachievement, economic
disadvantage, alcohol and drug abuse, distressed home environments,
gang involvement, and emotional and mental health lability (National
Council on Disability [NCD], 2003; Müller, 2005 ; Smith &amp; Griffin,
2002; Teplin, Abram, McClelland, Dulcan, &amp; Mericle, 2002, Texas
Youth Commission, 2004). Historically, these youth, in the "deeper
end" of the correctional system, have been identified as sorne our most
underserved and prograrnmatically neglected children (Hubner, 2005;
NCD, 2003; Hollandsworth, 2003, Leone, Meisel, &amp; Drakeford, 2002;
Office of Juvenile Justice and Delinquency Prevention [OJJDP], 2004;
Quino, et al., 2005), and "among the most vulnerable in our society"
(Edelman, Holzer, &amp; Offner, 2006; US Department of Justice, 2003).
lncidence figures put this population at approximately 134,000, nationwide (Sick.mund, 2002).

A Time of Skepticism for "At Risk" Youth
Today's attitudes toward underachieving, academically weak middle
and high school students, including many identified as "delinquent," are
generally negative and discouraging. Snow, Burns, and Griffin (1998),
editors of a recent in:fiuential and widely disseminated publication,
state, "In school lore, second grade is broadly viewed as children's last

chance. Those who are not on track by third grade have little chance of
ever catching up" (p. 212). Others have reinforced this forecast. Reid
Lyon (Learning disabilities and early intervention strategies, 2002), then
of the National Institute of Child Health and Human Development, in
testimony to the Subcommittee on Education Reform, Committee on
Education and the Workforce, observed, " ...remediation of learning
difficulties is minimally effective after second grade" (p. 3). In 2004,
Lyon and co-author, Chhabra, went on to say that " ... failure to read by
9 years of age portends a life-time of illiteracy for at least 70 percent of
struggling readers" (Lyon and Chhabra, 2004, How can we prevent reading failure section, para. 3). Reinforcing this bent, noted educator and
researcher, Robert Slavin, quoted in a report by the Idaho Department
ofEducation Reading Committee (1998), predicts that for "3rd graders
reading ayear or more below grade level (or who have been retained one
or more times) ... who are poor... attending a school serving many other
poor children, their chances of eventually graduating from high school
approaches zero" (p. 6). Slavin (1998) also identifies reading failure, in
addition to grade retention and special education eligibility, as one of
the "most important predictors ofdropout, delinquency, early pregnancy,
and other serious problems (Lloyd, 1978)" (para. 1).
These statements underpin and sustain popular beliefs that "at risk"
youth can not succeed at learning rates observed in normally achieving
age-mates. These children, many of whom carry concomitant conduct,
behavior, or emotional disturbance characterizations, are more often
than not served in less than ideal disciplinary, altemative education settings, taught by under qualified teachers, and exposed to curricula using
ineffective and inappropriate instructional practices. For many of these
students academic success is generally the exception rather than rule
and by the time they reach middle and high school they are well behind
their normally achieving peers. lt is unsurprising that "school lore" in
fact confirms society's pessimism regarding the future of such troubled
youth. This is particularly true for delinquent youth with and without
disabilities.

�l34 /

Accelerated, Differentiated Jnstruction on the Reading Achievement ofIncarcerated
Youth with Disabilities: Unexpected Progress in a Trme ofSkeptícism

Accelerated, Differentiated Instruction for lncarcerated
Youth
While the prevailing attitude toward long-term underachievers is one of
continued failure, our outcome data with incarcerated juveniles, as well
as fi.ndings elsewhere reported, suggest the opposite is true (cf. Belfanz,
Legters, &amp; Jordan, 2004; Codding, 2001; Conderman &amp; Katsiyannis,
2002; Leone &amp; Drakeford, 1999; Raiche &amp; Showers, 2000; Schoenbach,
Braunge, Greenleaf, &amp; Litman, 2003). For incarcerated youth, the educational challenge is particularly immediate and compelling. We know
that for many this will be their last formal, secondary-level educational
experience. Maximizing this experience is particularly critica! given the
strong association between educational attainment and reduced recidivism and arrest rates (Jeffords, 2004).
To accelerate learning, students must be motivated to learn and teachers empowered to select methods and approaches that work. Students
are moved through courses of study as mastery of subject matter is demonstrated. To maximize acceleration, successful teachers assess student
performance regularly (and often). Accelerated learning occurs most
:frequently when teachers incorporate the use of instructional technology
in lesson planning and delivery. Teaching staff and other professionals
(e.g., diagnosticians, caseworkers, rehabilitation stafl) are encouraged (at
times required) to hone intervention skills and knowledge of promising
practices by participating in workshops, conferences, and 'job alike"
trainings where they can share and exchange successes and classroom
practices. Considerable fiscal resources should also be eannarked eacb
academic year so teachers and evaluation staff can purchase needed supplies, materials, and evaluation tools. Collectively, these initiatives and
foci foster higher levels of student achievement at accelerated rates.

Educating Incarcerated Juveniles with Disabilities: The Texas
Experience
Toe State ofTexas manages one of the nation's largest juvenile corrections residential populations. Toe Texas Youth Commission (TYC) is
charged by the legislature tocare for, educate, and rehabilitate the state's
most serious and chronically delinquent offenders. Approximately 4,800

Revista Perspectivas Sociales I Social Perspectíves primaveralspring 2006. Vol.8, Num. 11

135

youth, ages 10-21 , reside in 14 majar state institutions (TYC, 2005a).
Committing their crimes between the ages of 1O and 17, adjudicated
offenders can remain under the jurisdiction of TYC until age 21. In
2005, TYC processed 2,614 new commitments, a third ofwhom committed either a violent, firearms-related, or substance abuse offense
(TYC, 2005b). TYC offenders come from urban and rural areas. Tiie
average age is 16 at entry. Girls represent approximately 10 percent·of
the population. Four out of 10 youtb are Hispanic, and one in three-is
African-American. One-half of TYC offenders bave high need for drug
treatment. Four out of 1Oyouth exhibit serious emotional problems, and
three out of four offenders are from chaotic home environments involving
abuse and neglect (TYC, 2005a).
t

·,;

Since 2001, the state 's incarcerated juvenile population qualifying for
special education services under thelndividuals withDisabilities I!duéation Act (IDEA), as amended (IDEA, 2004) has ranged from 40-45% of
all commitments. Ninety-five percent of special education-eligible.youth
enter the state's correctional system having previously been identified:
These figures represent three and a half times the reported incidence.rates
of children with disabilities receiving special education in the ":free'' or,
general population. Specific learning disabilities (SLD) and emotional
disturbance (ED) diagnostic conditions account for nine ofieh of the
commission's incarcerated students with disabilities. Academically,
special education-eligible youtb are on average five-to-six grade lev.els
behind their normally achieving age-mates in both i:eading- an-d rnatb
skills (Novy, 2005).
Special education services are provided year-round and include reforJ
ral, evaluation, and individualized education programming ín a'ccoroanoo
with federal and state mandates. The state's juvenile corr~ctíonal system
seeks for all students, with and without disabilities, improved math and
reading skills, development ofjob-related competencies, the awarding of
high school credits, and when applicable, the conferring of a high school
diploma or "GED" certificate prior to release (General ,Educational
Development, 2006). Meaningful, intensive educational interventions
during incarceration, followed by comprehensive reentry efforts and
supports after release are crucial in lowering traditionally bigh tates of
re-arrest and re-incarceration (Jeffords, 2004; Mears &amp; Travis, 2004).

�136 / Accelerated, Differentiated l nstruclion on the Reading Achievemenl oflncarcerated

137

Revista Perspectivas Sociales I Social Perspectives primavera/spring 2{)()6. Vo/.8, Num. 1 /

Youth wilh Disabililies: Unexpected Progress in a Time ofSkeplicism

TYC students vary greatly in age, grade levels, academic skills, and
learning abilities. Those who are most successful are guided by teachers that adapt to individual need and leamer diversity. These teachers
motívate their students by connecting with tbem. They adjust to wideranging academic achievement levels and learning abilities (and disabilities), draw upon challenging instructional approaches and materials,
use technology whenever possible, and, most importantly, communicate
bigh expectations for learning and achievement. Because ofhigh student
mobility, teachers must also be qualified and proficient to teach multiple
subject areas, at differing rates and content levels- all simultaneously.
Por students with disabilities, the formula for success is the same, but
with additional assistance from specially trained educators, assessment
staff, and correctional rehabilitation professionals.

primarily minority (approximately 35% and 37% African American and
Hispanic, respectively (see Table 1). A significant majority exhibited
specific learning disabilities (SLD) (53%) or emotional disturbance (ED)
(44%), as defined by federal special education law (IDEA, 2004). Other
representing conditions included other health impairment (OHI), speech
and language impairments (SI), mental retardation (MR), and auditory
and visual impairments (Al) and (VI), respectively.
Table 1: Characteristics of incarcerated youth with disabilities as a
function of age, gender, level of intellectual functioning (IQ), and
ethnicity (N=2691)

Variable

Mean

Median SD

Mínimum Maximum

PretestAge
Posttest Age
(IQ)
Male
Anglo
African
American
Hispanic
Other

16.0
17.6
87
90.86%
28.47%

16.1
17.5
87

10.8
12.8
60

The Study
We analyzed three years of reading achievement data for incarcerated
youth receiving special education services. We used the Test of Adult
Basic Education (TABE, 1997) to establish achievement rates over time
between a youth 's entry to the correctional system and at his release. The
study's measure of"expected" growth in reading is currently defined by
the Texas legislature as a mínimum of one month gain in reading ability
(as measured fonnally by the TABE) for every month of incarceration.
A logistical regression analysis ascertained correlates of student-specific
characteristics (e.g., intellectual functioning, reading level at entry, gang
affiliation, limited English proficiency) to reading level changes over
time. We used this analysis to control for "expected" variations in reading gains across 14 TYC correctional facilities, enabling us to calculate
an "expected" gain rate for each correctional facility. When then compared each facility's "actual" rate of reading gain to its "expected" rate,
deriving a less ambiguous picture of a facility's contribution to positive
educational outcomes in reading during incarceration.
Study Population Characteristics

The study's population mean age was 16 years at admission, 68% of
whom were first time commitments. The cohort was predominantly
male (91 %), functioning in the low average range intellectually, and

1.2
1.4
12

20.5
21
·140

34.52%
36.83%
00.19%

Source: Texas Youth Commission, Research Department, Austin, TX. 2006.

Table 2 highlights additional population characteristics. These
include documented mental health need, treatment need, whether specialized treatment was provided d~g incarceration (e.g., chemical dependency, sexual behavior, capitál offender), reported gang membership,
and if the commitment classification was as a "general" offender (i.e.,
youth whose committing offense did not include classification as either
a ''violent," "chronic serious," or "1rrearms" offender, oras a "controlled
substances dealer") (see TYC-Gl~ssary ofTerms (2006]).

�138 / Accelerated, Differenliated lnstruction on the Reading Achievemenl oflncarcerated

139

Revista Perspectivas Sociales I Social Perspectives primavera/spring 2006. Vo/.8, Num. J /

Youth with Disabilities: Unexpected Progress in a 1ime ofS/repticism

Table 2: Additional population characteristics: ldentified treatment
needs, gang involvement, general offender commitment status, and
whether a specialized treatment was received
Characteristic
Mental Health Need
Sexual Behavior Treatment Need
Any Specialized Treatment Need
Received Any Specialized Treatment
Gang Membership Reported
General Offender

Mean
70.16%
13.64%
86.85%
45.37%
45.34%
61.98%

Source: Texas Youth Commission, Research Department, Austin, TX. 2006.

Reading Achievement Gains over Time

Table 3: Incarcerated youth with disabilities' reading grade level equivalents (GLEs): Entry v. release- School Years 2003, 2004, and 2005
Variable
PerMonth
Reading Gain
Rate
Pretest Reading
Grade Leve!
Equivalent (GLE)
Posttest Reading
Grade Leve!
Equivalent (GLE)
Months between
Pre- Posttests

Mean

Median

SD

Mínimum

Maximum

1.71

1.41

1.77

-5

15

4.7

4.6

2.4

o.o

12.6

7.3

6.9

2.8

O.O

12.9

19.09

13.90

13.66 1.64

83.15

Source: Texas Youth Commission, Research Department, Austin, TX. 2006.

Pre- and posttest reading seores (i.e., in grade level equivalents) were
examined (see Table 3). At entry the sample's average grade level equivalent(GLE) was fourth grade, seventh month (4.7), approximately 6 grade
levels behind the expected GLE for normally achieving age-mates (i.e.,
mid 10th grade for a student turning 16 years old). Posttest reading GLE
was seventh grade, third month (7.3), or more than two and half (2.6)
grade levels higher than at entry. This refl.ected a mean gain rate of 1.7
months per month of instruction, where gain rates were first determined
for each youth by dividing the difference in pre- vs. posttest GLEs (in
months) by ofthe time (in months) between pre- and posttest administrations. Toe median gain rate was 1.4 months and may be a better indicator
ofthe distribution's central tendency given its resistance to the effects of
outliers. lt should be noted that the authors did not control for outliers in
their analyses, instead choosing to include the total population's results
regardless of anticipated testing "inconsistencies" (i.e., questionable
youth effort at entry or release). Average time between pre/post testing
was 19 months.

Figure t. Readlng Growth Over 12 Months ol lnstructlon for Theoretlcally
Normally Achlevlng vs. lncarcerated Speclal Educatlon Populatlon

11.6

11.8
_....._
10.6

9.6
..,._ Theoretlcal

7.6

..... speclal Educatlon

~
5.6

-6

4 ./

3.6

1.6
Beglnnlng Grade Level Equlvalent

Endlng Grade Level Equivalen!

Time

1 Toe theoretical grade level equivalent of I0.6 (tenth grade sixth month) was based
upon the generally expected grade level for a hypothetical, normally acbieving student
who entered first grade at age, six years six months.
2 Toe grade level equivalent (GLE) of 4.7 (fourth grade seventh month) was the mean
GLE of the study population at entry; mean age 16 years)

�140 / Accelerated, Differentiated Jnstmction on the Reading Achievement ofIncarcerated

141

Revista Perspectivas Sociales I Social Perspectives primavera/spring 2006. Vol.8. Num. J /

Youth with Disabilities: Unexpected Progress in a TlTlle ofSkepticism

Comparing these results to those expected of a theoretical group
of normally achieving 16 year olds (i.e., 16 years O months) helps to
clarify the significance of the special education population's overall
growth. Figure 1 below graphically depicts expected achievement differences (in grade level equivalents) during 12 months of instruction for
the two groups- Theoretical (starting at 10.61) and Special Education
(starting at4. 72). Using an expected reading gain rate for the "hypothetical" normally achieving group of one month of achievement for every
month of instruction, a grade level equivalent (GLE) of 11.8 would be
expected after 12 months of schooling (i.e., 12 months, or 1.2 years gain
in reading accomplishment). In comparison, the special education group,
whose reading gain rate is 1.7 months for every month of instruction,
will progress approximately two grade levels (to 6.6) over the same time
period, narrowing its "achievement gap" from 5.9 to 5.2 grade levels in
one year. About two-thirds of youth in the 3-year reading gain sample
achieved sufficient gain to satisfy the standard of at least one-month gain
per instructional month.

Variables Associated with Reading Achievement
Ten characteristics associated with the probability of achieving the reading gain standard are presented in Table 4. Months between pre- and
posttest was the strongest predictor of whether or not a youth attained
tbe "one montb gain" standard. Of youth taking both pre- and posttest
within one year, three-quarters achieved this goal. When duration between
tests exceeded 24 months, achievement fell to about one-half. Toe value
of the pre-test score also predicted if a student was likely to attain the
goal. All other things being equal, students who scored lower on the pretest achieved the reading gain standard at higher rates than counterparts
scoring higher at pretest. For example, of students whose entering GLE
was 2.8 or lower on the pre-test, about 66 percent achieved the reading
gain goal. For those scoring above 6.2 the comparable success rate was
62 percent. Intellectual ability was also a good predictor of whether or
not the reading gain standard would be achieved.
As expected a mental retardation diagnosis was negatively associated with amount of reading gain. However, it is also important to note

Table 4: Variables Associated witb Achieving Reading Gain Goal (one
month gain per month of instruction) -Scbool Years 2003 through
2005
N
2691

Ali
Months between Pre &amp; Posttest
671
Less than 9.5 months
9.5 to 13.89 months
673
675
13.9 to 24.6 months
672
More than 24.6 months
IQ
655
95 or Above
636
88-94
80-87
687
713
79 orbelow
Pre Score / Age in Months on Pre Day
Lower Achievers
699
712
Low-Moderate Achievers
High Moderate Achievers
668
Higher Achievers
612
Race
Anglo
766
Non-Anglo
1925
Degree Mental Health Need
112
~ryHigh
287
High
Modera/e
764
287
Low
1032
None
Ever Diagnosed ED
Yes
1224
1467
No
Mental Retardation
Yes
89
No
2602
Limited English Projicieney
365
LEP
NotLEP
2326
Educational Setting
1308
Mainstreamed
Higher Setting
1383
Received Specialized Treatment
Yes
1221
1470
No

PercentAchieving
Mean Gain Per
Month Instruction Reading Gain Goal
65.8%
1.7
2.6
1.9
1.4
1.0

76.3%
74.1%
66.4%
46.3%

2.1
1.7
1.6
1.5

75.7%
67.5%
64.2%
56.7%

1.9
1.7
1.7
1.4

66.0%
67.1%
67.7%
61.9%

2.0
1.6

70.6%
63.8%

1.1
1.4
l.6
1.8
1.9

50.0%
58.2%
63.9%
64.7%
71.5%

1.7
l.7

66.2%
65.4%

1.1
1.7

44.9%
66.5%

1.7
1.7

64.7%
66.0%

l.9
1.5

69.3%
62.5%

1.7
1.7

65.9%
65.6%

�142 /

Accelerated, Differentiated Jnstn,ction on the ReadingAchievement oflncarcerated
Youth with Disabilities: Unexpected Progress in a Tune ofSkepticism

that of youth diagnosed with mental retardation (mild to severe), 45%
achieved at least one month ofreading gain per month of instruction. Toe
degree of a student's mental heath need, determined by a psychologist at
our Marlin Orientation and Assessment Unit (MOAU) upon entry, also
predicted amount of reading achievement, with the "high" need youth
less li.kely to achieve the one-month growth target (50% vs. 71% for
"none").

143

Revista Perspectivos Sociales/Social Perspectives primavera/spring 2006. Vol.8, Num. I /

Table 5: Expected vs. observed reading gain goal rates by correctional
campus: Special education eligible youth

EXPECTED

OBSERVED

READING GAIN GOAL

READING GAIN GOAL

Correctional
Campus

N

ACHIEVEMENT

ACHIEVEMENT DIFFERENCE

Ali

2684

65.8%

65.8%

0.0%

Campus I

263

71.3%

70.7%

-0.9%

Campus2

187

59.2%

48.1%

-18.7%

Campus 3

267

66.4%

59.6%

-10.3%

Campus4

255

68.5%

60.8%

-11.3%

Campus 5

304

70.4%

77.6%

10.3%

Campus6

89

52.8%

58.4%

10.7%

Campus 7

288

70.6%

66.7%

-5.5%

Campus 8

41

78.7%

87.8%

11.5%

Campus Comparisons-Expected V s. Actual Reading Gains

Campus9

61

69.0%

75.4%

9.3%

Shown in Table 5 are expected vs. observed rates of achieving the reading
growth standard in 14 TYC campuses4. Looking at the data in this way
helps to clarify each campus' relative instructional contribution. We are
currently using these data to identify campuses where students significantly exceed expected rates of achievement. For example, Campuses
5, 6, 10, 12, and 13 exceeded by 10% their "expected" success rates.
Our interest now is to explain these observed discrepancies relative to
individual campus leadership, classroom setting, instruction, and program
delivery practices.

CampuslO

224

60.4%

60.7%

0.6%

Campus 11

91

65.2%

72.5%

11.3%

Campus 12

247

58.5%

76.1%

30.0%

Campus 13

188

68.2%

67.6%

-l.0%

Campus 14

179

61.6%

55.9%

-9.3%

On first analysis, having received specialized treatment or not did
not differentially predict reading outcomes. However, once all characteristics were taken into account, having received specialized treatment
significantly estimated the likelihood the reading gain measure would
bemet3.
Summarizing, the best single predictor for achieving the reading skill
growth standard is time between pre- and posttest. However three variables - months between pre- and posttesting, entry level reading score,
and intellectual ability accurately predicted reading goal attainment with
70.8% accuracy. With all 10 characteristics entered, the model predicts
with 72.6% accuracy.

3 Analysis ofmaximurn likelihood estimates x2[1, N=2691] = 5.15, Pr = .0233.
4 Toe data presented in Table 5 exclude from the analysis the results of 7 youth at the
TYC orientation and assessment center. This facility is a primary orientation and evaluation unit and &lt;loes not provide a ful] educational program. Youth remain at this facility
on average 45-60 days before movement to another TYC operated school. Table 5 also
includes youth served at one TYC campus closed in spring 2003---Campus #9).

Source: Texas Youth Commission, Researcb Department, Austin, TX. 2006.

�144

/ Accelerated, Differentiated /nstruction on the Reading Achievement oflncarcerated

Revista Perspectivas Sociales / Social Perspectives primavera/spring 2006. Vo/.8, Num. JI

145

Youth with Disabilíties: Unexpected Progress in a Time o/Skepticism

CONCLUSIONS
Data have been presented describing the reading growth patterns of
a cohort of youth in long-term, secure confinement. Our study's findings indicate that when provided appropriate opportunities, even our
most neglected and underachieving students- incarcerated youth with
disabilities-can perform at higher than commonly expected rates of
achievement. We believe fundamental to this success is accelerated and
differentiated educational opportunities that focus on individual need in
an environment of high expectations.
Using logistical regression analyses of key student characteristics,
we have begun to isolate student and campus-specific factors most associated with reading performance. Our next step is to better understand
the explicit nature of these factors, particularly in campus settings where
students are achieving at the highest rates. Are different teaching methods
or approaches being employed? Is technology being used differently to
teach reading? Are students on these higher performing campuses encouraged, motivated, and/or rewarded in ways that distinguish them from
poorer performing campuses? What role, if any, &lt;loes campus leadership
play? Answers to these questions will strengthen our understanding of
campus variables that contribute most to student success.
In Texas, incarcerated high school-aged youth are demonstrating
accelerated learning, despite years of school failure. And many are going on to successful com.munity reintegration following release in part,
we contend, because of educational progress made during confinement.
For incarcerated juveniles with or without disabilities, we must identify
and develop the "protective" factors most associated with post release
success. Our data point convincingly to level of reading achievement
as one ofthe most important factors. Others, while not addressed in this
paper, have also been identified, including GED and high school diploma
attainment, level of math achievement, reading on grade level at release,
and participation in career and tecbnology education training.
While our goals may be clear in terms of desired outcomes (i.e.,
the protective characteristics we wish in place), the real challenge is
to find the ways and means by which these can best be advanced. We

have argued for the need of educators and allied co-workers to question
prevailing assumptions about learning and "at risk" children, particularly
incarcerated youth with disabilities. We believe it is incorrect to assume,
as many do, that these children and youth are relegated to a future of
school failure if not caught (i.e., remediated) in the early school years.
Achievement gaps can and will be closed if students, regardless of age
or grade level, are provided appropriate interventions. With appropriate
accelerated and di~erentiated learning opportunities these children can
and will demonstrate rates ofleaming (in our case in the reading domain)
that exceed expectations.
Lastly, let our efforts, whether educational, rehabilitative, or correctional, always be child-centered, driven by individual need and circumstances. Dr. Jim Boynton, longtime psychiatrist at TYC's Corsicana
Residential Treatment Center, thoughtfully captures this when he says,
"For better or for worse, this really is their last good chance to get better... The tragedy is that for so many of these kids, this is also their first
chance to get better too" (Hollandsworth, 2003, p. 142).

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Revista Perspectivas Sociales / Social Perspectives primavera/spring 2006. Vo/.8, Num. 11

147

Youth with Disabilities: Unexpected Progress in a Time o/Skepticism

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'Social Perspectives/Perspectivas Sociales
Social Perspectives/Perspectivas Sociales es una revista bilingüe y binacional que invita a trabajadores sociales y científicos sociales a someter
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Buscamos artículos que se enfocan en temas relacionadas con la frontera México-Estados Unidos y las personas que se desplazan en ambas
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Universidad Autónoma de Nuevo León Universidad Autónoma de Nuevo León
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Profesora Titular
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Depto. de Posgrado
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�Revista Perspectivas Sociales / Social Perspectives primavera/spring 2006. Vo/.8, Num. I /

157

NORMAS DE PRESENTACIÓN DE COLABORACIONES
PARA LA REVISTA
'Social Perspectives/Perspectivas Sociales
Social Perspectives/Perspectivas Sociales es una revista bilingüe y
binacional que invita a trabajadores sociales y científicos sociales a someter manuscritos para ser editados durante el 2007. La revista, editada
de forma semestral, constituye un proyecto conjunto de la Facultad de
Trabajo Social de la Universidad Autónoma de Nuevo León, México,
The School of Social Work at the University of Texas at Austin y Toe
University ofTexas atArlington. Buscamos artículos que se enfocan en
temas relacionadas con la frontera México-Estados Unidos y las personas
que se desplazan en ambas direcciones; tópicos de importancia para la
práctica del trabajo social que refieren a aspectos comunes entre ambas
naciones en tomo a individuo, familia y comunidad; aspectos comunes
entre ambas naciones acerca de las políticas sociales, la formación del
trabajo social; e investigaciones científico-sociales acerca de las condiciones sociales. Se da una especial bienvenida a trabajos que analizan
prácticas innovadoras, presentan resultados de estudios empíricos y que
revisan críticamente políticas y programas de desarrollo social. Se alienta
asimismo a trabajos interdisciplinarios e internacionales.
Los artículos deben ajustarse a las siguientes normas de presentación
de originales:
1. Los documentos deberán ser versiones definitivas e inéditas.
2. Los trabajos se enviarán por correo electrónico en formato
Microsoft® Word a alguna de las siguientes direcciones
electrónicas veronikasieglin@yahoo.de ó lorikay@mail.utexas.
edu.
3. Deberá enviarse, en un documento anexo llamado ''Datos del
autor", la siguiente información: nombre completo, grado
universitario máximo, institución donde labora, cargo actual que
desempeña, número telefónico, dirección postal, dirección
electrónica. En el caso de coautorías deberán indicarse los datos
de todos los colaboradores.
4. Las colaboraciones serán evaluadas por la dirección de la revista

�Revista P=¡,ectiw,s Sociales I Social P=pectives primavera/sprmg 2006. Vo/.8, Num. I ¡

158

para verificar que se ajusten a las present~ normas. De ser a~í:
serán enviadas a dos dictaminadores rruembros del Corrute
Editorial y del Comité Científico de la revista, cuyo arbitraje
favorable es requisito indispensable para la publicación del
trabajo.
5. Los artículos se publican en inglés o español con un resumen_ ~n
ambos idiomas. Los manuscritos deben tener como extension
mínima 10 páginas y máximo 30, en fuente Times New Roman,
interlineado de 1.5, sin macros ni viñetas de adorno, sin hacer
énfasis con fuentes tipográficas, y utilizando cursivas sólo para
voces extrajeras.
6. El manuscrito típico tiene alrededor de 20 páginas incluido el
resumen (300-350 palabras) y la bibliografia.
7. Los artículos iniciarán con un resumen (300-350 palabras) e
incluirán cinco palabras clave.
8. Las citas textuales se consignarán entre comillas, no mediante
cursivas. Cuando se trate de citas breves, se mantendrán dentro
del párrafo en que se produzca la referencia; si la ~ita reb~a
las cuatro lineas, se colocará a bando, con márgenes mas amplios,
a un espacio y sin entrecomillado.
9. La bibliografía irá al final del artículo en este orden: a~tor
(apellidos, nombre), año (entre paréntesis), obra (en cursiva),
lugar de edición, editorial.
Ejemplos.
a) Libros
Bauman, Zygmunt (2002). La ambivalencia de la modernidad y otras
conversaciones, Barcelona, Paidós.
Adelantado, José, José Antonio Noguera y Xavier Rambla (2000): "El
marco de análisis: las relaciones complejas entre estructura social Y
políticas sociales", en José Adelantado (coord.), Cambios en el Estado
de Bienestar, Barcelona, Editorial Icaria, pp. 23-60.
b) Revistas:

159

!·

Boltvinik, Julio ,&lt;o_c~?re 2001 "Opciones metodológicas para medir
la ~o_breza en Mextco , en Revista Comercio Exterior, vol. 51 núm. ¡ o
Mex1co DF, pp. 869-878.
'
'
c) Sitios de Internet:
C~ara Nacional de la Industria Tequilera (2004). Informe de /a Cámara
N~cwnal de la l~~ustria Tequilera sobre su comportamiento durante el
ano de 2005, Mex1co. Disponible en: http://www.camaratequilera.com.
mx/ (Recuperado el 19/ 10/06).

1O. Respetando el estilo de cada escritor, sugerimos redactar los
textos a través de construcciones sintácticas sencillas, párrafos
~refer~ntei:nente brev~s y articulación entre profundidad teórica,
ngor científico y clandad expositiva.
11 . Una vez emitidas las evaluaciones de los árbitros consultados
se com~nic_ará al _au~or los resultados del dictamen en cualquier~
de los termmos s1gu'.entes: se publica, no se publica o se publica
con _las recomendac10nes o modificaciones que se consideraron
pertmentes.
12. Los_ artículos publicados en Social Perspectives/Perspectivas
~octales serán difundidos y distribuidos por todos los medios
~presos y/o electrónicos que el Comité Editorial de la revista
Juzgue convenientes.

�160

Revista Perspectivas Sociales I Social Pel'$peclives primavera/spring 2006. Yo/.8, Num. JI

GUIDELINES FOR CONTRIBUTORS

disadvantaged young men, Washington DC, Urban Institute Press.

Contributions should adjust to the following rules:

Russo, R. J. (1980). "State problems and the need for research-based
planning in the drug field", In C. Akins, and G. Beschner (Ecls.), Ethnography: A research too/ for po/icymakers in the drug and alcohol
fields, Rockville, Maryland, U.S. Department of Health and Human
Services, pp. 40-65.

1. Contributions must be original and they should not be under
consideration in any other journal.
2. Contributions should be submitted electronically to one of dthe
following e-mail addresses: veronikasieglin@yahoo. e;
lorikay@mail.utexas.edu; or to mramor@facts.uanl.mx. Toe
journal prefers Microsoft Word for Windows.
.
3. Author(s)' information (author(s)' name, academ1~ degree),
affiliation including telephone, postal address and e-mail address
should be typed on a separate sheet.
4. All papers deemed appropriate for the journal are s~nt ou~
anonymously to two referees of the Scientific Bo~rd ~f the JO_urna
that consists of an interoational panel. Contnbuttons w1ll be
published only if they are accepted by th~ referees. .
5. Contributions will be published in English or Spamsh. Papers
sbould not be shorter than IO pages and longer than 30 pages.
They should be typed 1.5 spaced, Times New Ro~an. Avoid
fancy typefaces. Use cursives type font º°:1Y for ~ore1gn words.
6. The typical manuscript is about 20 pages mcluding references,
and abstract (300-350 words).
. .
7. Include a brief abstract (300-350 words) summanzmg the
findings and five key words.
.
8. Textual quotations should use quotation marks instead of curs1ve
letters. Please indent any citations in the body of the text that are
longer than four lines as a block quotation; give them a deeper
indent than the rest of your text.
9. References must be presented at the end ofthe article in a separat)e
References section as followed: author (last name, first name ,
(year), title, place, editorial.
Examples:
a) Books
Edelman, P.; H.J. Holzer, and P. Offner (Eds.). (2006). Reconnecting

161

b) Journal Articles:
~urray, D. M_.; R. V. ~uepker, C.A. Johnson, and M.B. Mittelmark (1984).
The preventton of c1garette smoking in children: A comparison of four
strategies", Journal ofApp/ied Psycho/ogy, 14(3), pp. 274-288.

e) Information from web-sites:
McBri_d e, D. C.; C.J VanderWaal, Y. M. Terry, and H. VanBuren ( 1999).
Bre~kmg the Cyc/e of drug use among juveni/e offenders [On-line].
Retneved October 24, 2002, from http://www.ncjrs.org/pdffilesl/l 79273.
pdf

1O. Write sentences and paragraphs clearly and succinctly with a
minimum of jargon. Writing should demonstrate theoretical
soundness and scientific accuracy.
11. Authors will be notified after the reviewers retum their comments
to the editors. The results of the reviewers may be in any of
th~se tenns: publishable as it is, not publishable, or publishable
w1th commendations and/or modifications.
12. The_articles published in Social Perspectives/Perspectivas
Sociales may be distributed in any press or electronic format that
the editorial comm.ittee considers pertinent.

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