NCJ Number
46491
Date Published
1977
Length
39 pages
Annotation
THE PHILOSOPHY, GOALS, POLICIES, ADMINISTRATION, AND PROCEDURES OF THE ESSEX COUNTY, CANADA, DIVERSION PROJECT FOR JUVENILES ARE DISCUSSED.
Abstract
THE PHILOSOPHY OF THE PROJECT IS TO MINIMIZE THE JUVENILE'S INVOLVEMENT IN THE TRADITIONAL ADVERSARY PROCESS IN ORDER TO MAXIMIZE CONCILIATION AND PROBLEM SETTLING AND TO FACILITATE REHABILITATION AND PREVENT THE ADOPTION OF A DELINQUENT SELF-CONCEPT AND ROLE. BASICALLY, A BEHAVIOR MODIFICATION APPROACH IS USED. THE GOALS OF THE DIVERSION PROGRAM INCLUDE PROVISION OF AN INFORMAL MEANS OF MANAGING DELINQUENT CHILDREN, PROVISION OF SERVICES WITHOUT COURT INTERVENTION ON A VOLUNTARY BASIS AND PROVISION OF IMMEDIATE ATTENTION TO PROBLEMS. THE PROGRAM ALSO ARRANGES MEETINGS WITH THE VICTIM AND ENCOURAGES THE JUVENILE TO MAKE COMPENSATION. PARENTAL AND COMMUNITY PARTICIPATION ARE SOUGHT IN MEETING PROGRAM GOALS. THE AIM IS TO INSTILL A SENSE OF RESPONSIBILITY FOR CONDUCT WHILE DEEMPHASIZING PUNISHMENT. THE DIVERSION PROGRAM WAS INSTITUTED IN 1975 AND RELIES ON INFORMAL ADMINISTRATION AND CONSULTATION BETWEEN STAFF MEMBERS AND THE PROVINCIAL JUDGE. TO ENSURE CONSISTENT ACCESS TO THE PROGRAM, CRITERIA HAVE BEEN ESTABLISHED, AND CASES NOT TO BE DIVERTED HAVE BEEN SPECIFIED. AT INTAKE, A DIVERSION WORKER EXPLAINS THE PROGRAM TO THE CHILD AND HIS PARENTS AND ADVISES OF A PROBABLE FINDING OF DELINQUENCY IF THE CHARGE WERE TO PROCEED TO COURT. WITHIN 2 WEEKS OF THE INITIAL INTERVIEW, THE WORKER ASSESSES THE CHILD'S FUNCTIONING IN THE HOME, THE SCHOOL, AND THE COMMUNITY. THE CHILD MAY BE GIVEN EITHER A VERBAL WARNING, A COMPENSATORY TASK, OR A REFERRAL TO ANOTHER AGENCY. COMPENSATORY AGREEMENTS ARE DECIDED UPON THROUGH NEGOTIATION BETWEEN THE CHILD AND THE VICTIM, AND WORK VALUES ARE DETERMINED ON THE BASIS OF ACTUAL FINANCIAL COST AND SUFFERING OR INCONVENIENCE INCURRED BY THE VICTIM. WHEN THE VICTIM CHOOSES NOT TO BE INVOLVED, WORK IS APPLIED TO A COMMUNITY SERVICES AREA. WHEN DEEMED APPROPRIATE, THE CHILD MAY BE REFERRED TO RESOURCE AGENCIES FOR TREATMENT. FOLLOWUP ENSURES THAT THE TERMS OF THE CONTRACT ARE FULFILLED. THE CHARGE IS ADJOURNED AND THE CASE OFFICIALLY CLOSED. THE RATIONALE BEHIND LAYING A FORMAL CHARGE IS THAT THE ALLEGED OFFENSE MUST BE PROVABLE TO PREVENT BRINGING YOUTHS INTO THE JUVENILE JUSTICE SYSTEM WHOSE OFFENSES WOULD OTHERWISE BE OVERLOOKED. PREVIOUS COURT ACTION OR INVOLVEMENT IN THE DIVERSION PROGRAM IS NOT TAKEN INTO ACCOUNT TO PREVENT PREJUDICE AGAINST THE CHILD. POLICIES CONCERNING CHILD LABOR, RETURN OF STOLEN PROPERTY, WORKER'S COMPENSATION, AND INSURANCE LIABILITY ARE BRIEFLY OUTLINED. WEEKLY, MONTHLY, AND BIANNUAL MEETINGS ARE HELD FOR PROGRAM REVIEW AND EVALUATION. A COMPREHENSIVE EVALUATION OF THE PROGRAM IS ALSO BEING PREPARED. APPENDIXES INCLUDE EXTENSIVE PROCEDURAL MATERIALS, JOB DESCRIPTIONS, AND THE FORMS USED IN THE PROGRAM.