This paper provides an overview of the development of juvenile drug treatment court programs in the United States; the goals of these programs; a comparison of the traditional juvenile justice process and services with that of the juvenile drug treatment court; and principal areas in which the juvenile drug treatment court experience has differed from that of the adult drug treatment court. The paper also provides a description of early models and the modifications and enhancements that have subsequently been instituted to enhance program effectiveness; a summary description of the range of juvenile drug treatment court activity currently underway in the United States; the nature of substance use and other issues presented by participating youth; and the major challenges juvenile drug treatment courts are currently addressing.
Although an offender can complete a drug court program in the United States, have his/her charges dismissed or reduced (or some other amelioration of the criminal justice system penalty that would otherwise have been applied), become drug free, obtain a job, regain custody of his/her children, become a tax-paying, law-abiding citizen, etc., he/she will still be deprived of basic rights afforded to other U.S. citizens because other sectors of public policy still approach addiction with a punitive orientation. Thus, despite the fact that an offender may have made a substantial beginning in recovery, other parts of the system make no accommodation for his/her recovery efforts in, for example, their denial of (a) welfare benefits to persons charged/convicted of drug offenses; (b) educational loans or other benefits to persons charged/convicted of drug offenses; (c) public housing to persons charged/convicted of drug offenses; and (d) voting rights to persons with felony convictions. In addition, deportation proceedings can be instituted - even for persons with a legal immigration status - based upon a charge or conviction for a drug offense. Without changes in other key areas of public policy, the goals and benefits designed to be achieved by the criminal justice system through drug court programs can be thwarted in both the short and long term by the failure of a shift in thinking in other key public sector areas that are critical to meaningfully reintegrating substance-addicted offenders into the mainstream of the community. Hopefully, policy-makers will begin to address this critical need.
Parental substance misuse is a leading factor in child abuse and neglect and frequently results in court-mandated permanent child removal. Family drug treatment courts, which originated in the USA and are only found in adversarial family justice systems, are a radical innovation to tackle this problem. Unlike ordinary court, they treat parents within the court arena as well as adjudicating, and in this way they seek to draw a new balance between parental needs and the child's right to timely permanency. Family drug treatment courts have spread to England, Australia and Northern Ireland and international research has found they have higher rates of parental substance misuse cessation and family reunification and lower foster care costs than ordinary courts. Yet their growth has been far from straightforward. In the USA they have not kept pace with the rise of criminal drug treatment courts and in England and Australia their numbers remain small. The central purpose of this article is to explore why the family drug treatment movement has not achieved wider impact and to consider opportunities and challenges for its future development. To address these questions we draw on evidence and experience from the USA, England and Australia. We discuss the operational challenges, tensions between children's needs for stability and parental timescales for recovery, the 2 impact of wider economic and political change, and issues in data evaluation. We conclude that despite the promise of family drug treatment courts as a new paradigm to address risky parenting, effecting systemic change in the courts is extremely difficult.
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