Challenges and Solutions in Operating a Rural Family Drug Court Commissioner Phillip Britt, 35th Judicial Circuit Drug Court Judge Tamara Mosbarger Butte County Superior Court, California Beverly C. Snow, Retired Coordinator, FMJ Multi County FDTC The Family Dependency Treatment Court (FDTC) is a reality based, common sense approach to CHIPS cases that involve chemical dependent issues. 1
The Family Dependency Treatment Courts model after child dependency d issues were starting ti to be addressed d in Reno, NV in 1995. By 2007, there were 301 FDTC operating and 188 more were in the set-up stages. In 2001, 588,000 children were in the foster care system. The primary cause of this was substance abuse and addiction. The court system devised this program to provide parents with the access to receive the needed help to be a stable caretaker for their children. 2
The purpose p is to promote treatment and rehabilitation for the victim with chemical dependency and the family members around them. The main goal is to expose participants to the benefits of treatment and a life of sobriety. Goal 1 Help patients reduce their substance abuse through treatment and system changes. Goal 2 Establish a home quickly for kids who have parents who abuse substances. Reuniting parents and children is preferred. Goal 3 Use responses to change the behaviors in a positive way of patients with substance abuse issues. Goal 4 Strengthen the family, and teach them to have guidance, structure and nurturance. 3
An extensive group of people work together to produce positive results, including judges, attorneys, social workers, guardians-ad-litem, treatment providers, law enforcement, psychologist, and evaluators. CHALLENGES and Solutions in Operating a Rural Family Drug Court Rural courts throughout our nation share a unique circumstance marked by isolation, under-funding, and lack of resources and social services in the community. Developing strategies to identify and access nontraditional resources in the community is essential. This session will explore techniques, tools and suggestions from three rural courts including their innovative and forward thinking ideas to meet the needs of their participants with limited resources. 4
ATCHISON HOLT NODAWAY ANDREW BUCHANAN PLATTE CASS WORTH GENTRY DEKALB CLINTON CLAY BATES BATES VERNON BARTON JASPER HARRISON DAVIESS CALDWELL RAY LAFAYETTE JOHNSON HENRY ST. CLAIR CEDAR DADE LAWRENCE LAWRENCE BARRY ST. CLAIR MERCER GRUNDY LIVINGSTON CARROLL POLK GREENE SALINE PETTIS BENTON HICKORY CHRISTIAN PUTNAM SULLIVAN LINN TANEY CHARITON CHARITON DALLAS COOPER MORGAN CAMDEN WEBSTER ADAIR MACON HOWARD LACLEDE SCHUYLER MONITEAU OZARK MILLER RANDOLPH WRIGHT BOONE COLE SCOTLAND KNOX PULASKI SHELBY TEXAS MONROE CALLAWAY MARIES MARIES CLARK LEWIS PHELPS MARION DENT RALLS SHANNON CRAWFORD PIKE WARREN FRANKLIN LINCOLN IRON REYNOLDS CARTER RIPLEY ST. CHARLES WASHINGTON FDST. LOUIS JEFFERSON WAYNE ST. FRANCOIS MADISON BUTLER STE. GENEVIEVE B STODDARD PERRY CAPE NEW MADRID PEMISCOT MISSISSIPPI Missouri Treatment Courts 4 6 5 D D 7 JACKSON JFV D 29 NEWTON JFD MCDONALD JF 16 28 17 40 43 27 39 8 3 9 41 1 2 10 14 45 AUDRAIN D D DF 15 DR 12 18 13 D DF 11 21 JD OSAGE D 19 20 D JFD 23 30 31 JFD STONE D 38 26 DOUGLAS J J 44 25 D HOWELL JF MONTGOMERY GASCONADE 37 OREGON J 42 D 24 DV 36 CITY OF ST. LOUIS JFV BOLLINGER BOL LLINGER 35 22 32 GIRARDEAU JF 34 SCOTT JF 33 J F Adult Drug Court Juvenile Drug Court Family Drug Court D R V DWI Court Reintegration Court Veterans Court DUNKLIN FD March 26, 2012 Dunklin County, Missouri Population of Dunklin County 31,974 Percentage living below poverty 23.6% Percentage with High School Diploma 67.5% Approximately 250 children in care at any given time Majority of those cases involve drugs and alcohol misuse and addiction 5
Dunklin County FTC Program Began Family Treatment Court in 2004 Started as a four-phase program with phase four as aftercare Evolved to a three-phase program, with set minimum time in each phase Evolving into a program without set phases, but with benchmarks specifically geared around transition from supervised visitation to reunification Average 15 participants over life of the program 6
Faribault, Martin & Jackson Multi-County FDTC Population of Martin County - 20,840 Population of Faribault County -14,553 Population of Jackson County -10,266 Total three county population = 45,619 Percentage living below poverty 9.6% Three county average Minnesota - 10.6 Percentage with High School Diploma - 88.8% 8% 135 Child Protection Assessments yearly Approximately 150 children in care at any given time 60% cases involve drugs and alcohol addiction FMJ - Multi - County Program Began Family Treatment Court in 2010 Started as a four-phase program Evolving into a program with set phases, but use of benchmarks to determine phase change specifically geared around transition from supervised visitation to reunification Average 15 participants over life of the program Anticipate working with average of 12 families per year 7 participants (5 families) have graduated FDTC since its inception. Those currently in program all but one has custody returned No Graduate has had new Child Protection case All graduates and participants are employed 7
Client Cost to complete program FMJ Multi- County Money Total Cost = $1500 Ways to bring cost down Completing all requirements Receive moneys if completed Vouchers Gift Certificates Gas Cards Minimum cost = $300 Time Dependent upon willingness to work Standard = 18 months Chance commence in more or less time based upon work ethic ALL up to the individual and their attitude about getting better Butte County, California Location in the State of California 8
Butte County, California Population of Butte County 220,266 Percentage living below poverty 18.4% Percentage with High School Diploma 85.7% 502 children in care as of July 31, 2012 Many of those cases involve drugs and alcohol and addiction Butte County Since CAM Grant enhancements to FTC was implemented in April 2011: 33 families have participated in FTC (44 adults and 57 children); 11 families have graduated from FTC; and Peer Parent Mentors provide support and advocacy for parents and caregivers. 9
Goal of the FTC Program The goal of the Butte County Family Treatment Court (FTC) Program is to achieve safe and timely family reunification, or other court-approved permanency outcomes, by providing immediate treatment and support for parental compliance with individualized substance abuse recovery plans. Butte County FTC Overview Program lasts approximately one year; FTC is comprised of three levels and after-care, including treatment and drug testing at all levels; FTC participants appear in Court on a monthly basis as well as participate in weekly Progress Groups; Parents participate in 16 weeks of parenting classes utilizing the Nurturing Parenting Programs curriculum, with an emphasis in Parenting in Recovery; Individualized in-home parent education is provided; Peer Parent Mentors work closely with parents and caregivers; Family activities are scheduled for parents, children and their caregivers. 10
Family Treatment Court Family Treatment Court incorporates mental health and substance abuse counseling services with the court system through a group effort between Children Services, Butte County Behavioral Health and the Juvenile Court. The primary goal is reunification between the children and parents Challenges Federal Timelines: Adoption and Safe Family Act 1997 (ASFA) Silos Public concerns Funding: Cost vs. Outcomes Sanctions Transportation Day Care to cover Treatment times, court times etc. DHS Application Process (Child must be home before applying) Supervision of Visitation Parent Attorney or Public Defender issues Retention in program after Custody returned 11
More Challenges Participation in FDTC is voluntary, so engaging parents can be difficult when they are new in their recovery due to demanding schedule and program requirements. Limited treatment options and resources, including transportation and affordable housing for participants. Challenge in trying to reunify children as soon as it is safe to do so, while providing sufficient treatment and support for parents so that children do not re-enter foster care system. Solutions Chart of Timelines/Drug Court Mission Statement Vision Public Awareness/ Community Outreach Transportation: bus tokens, deduct mileage from those who provide transportation for peers; plan things for same day; volunteer drivers; treatment assistance Supervised visits: FMJ with assistance from Victims Service, County board and grant funds opening a visitation center in Martin County next month Parent Attorneys: Lost of funds for Public Defenders placed a burden on FDTC resolved with Court paying for 2 hours week of Parent Attorney fees 12
Solutions Continued Day Care: Work with DHS on process of applications for assistance to have completed prior to children being returned Retention in program after custody returned: Work with state and Federal agencies to promote advantages to program; entice client participation by shorter programming; plan fun events to entice participants to remain Meeting Federal Time-lines: follow attached guideline chart and keep DHS and Judge aware weekly of where the client is on the time line charts Silos: constant relationship building with team members, Stakeholders and community. Community outreach is imperative, use media to give good press no less then one article a month in local papers CHIPS & FDTC Parallel Process Chips petition EPC Hearing FDTC Trial Deny/Admit If not proven If proven 90-day review hearing If child will Be safe, reunify, Protective supervision Four phases Dismiss 180 day Review hearing If child will Be safe, reunify, Protective supervision If insufficient progress If child will Be safe, reunify, Protective supervision Permanency/ TPR Trial trial 270 day review hearing If child will Be safe, reunify, Protective supervision 365-day Review hearing If child will Be safe, reunify, Protective supervision Graduation 13
Successes! Multi-agency family-centered team approach and collaboration to provide services to the family; Treatment options and monthly Court hearing and check in; Peer Parent Mentors and Weekly Progress Groups; Nurturing Parenting Programs curriculum utilized in both the classroom setting and in the home; and Safety Organized Practice with families. If one fails to comply with the FDTC program, the Judge has the ability to order one or more sanctions based on the severity of the violation. Examples of Major Violations: Use of mood-altering chemicals Examples of Sanctions including alcohol Leaving home overnight without contacting Recovery Specialist Failure to report arrests and/or citations. Conviction on a new Child Protection charge Examples of Minor Violations: Jail Curfew violation Not immediately reporting address or phone number changes Uncooperative behavior with FDTC or chemical dependency treatment staff Failure to be available for random home visits Increased Supervision Drop in Phase Level Judicial Lecture (attached to behavior) Bench Warrant (for missing court) Community Service (to promote a way to gain skills) Jail House Arrest Forfeiture of Personal Property (TV., computers, etc) for a time Curfews Termination from Drug Court 14
When one cooperates and participates fully in the FDTC program and with their treatment plan, they may expect the FDTC Team to recognize their achievements. Examples of Achievements: 30, 60, 90 days of sobriety Educational achievements including behaviors, attendance and grades Volunteer work within the community in addition to the required community service project hours Self-improvement classes that build mind, body, or soul Completion of programs and Examples of Incentives Less restrictive curfew Fewer office appointments and/or Court Hearings Coupons for local stores Gas dollars Praise from the bench Fishbowls Incentives Use of small fishbowl for weekly progress, meeting minimal criteria: curfew, clean UA s, making all treatment and other appointments and being engaged in process, and completion of 40 hours of constructive activities Large Fishbowl: Going above minimal criteria i.e.. Extra support meetings, meeting sobriety dates (30,60,90, days etc.) helping a peer, chairing a meeting, working on alumni actives, completing a parenting class; moving to trial home visits, custody returned. 15
Butte County Compliance and Non-Compliance Incentives Level 1: Medallion Level 2: Encouragement Stone Level 3: Gift Card and Certificate Perfect Attendance (all levels): Candy Bar Homework 1 st Non-Compliance: Essay 2 nd Non-Compliance: Community Service and/or Increased Services 3 rd Non-Compliance: Termination from FTC Higher Level of Treatment Alumni Program The After Not Mandatory Allows Participants to stay connected Friends are created in FDTC Check-ups Random Contact with Coordinator Notes success and complies for evaluation Access to Services Allows to attend meetings FDTC Hearings Commencement Contact with Team for one year Quarterly This is a family environment, and having a support system is vital. 16
Family Dependency Treatment Court is a very beneficial program. It provides treatment for substance abusers, a safe environment for children, and a high likelihood of successful recovery, even in very Rural Communities. The system needs to work in collaboration with all agencies to assure positive outcomes. 17