Community-Based Remediation of Juvenile Competence to Stand Trial: A National Survey

Abstract

Youth found incompetent to stand trial in U.S. juvenile courts may be ordered to attend Juvenile Competence Remediation Services to assist them in becoming competent to proceed with their case. Representatives from 19 community-based JCRS programs were surveyed about current norms and practices. The results suggest that programs routinely meet some emerging best practices (e.g., dyadic service delivery; developmentally sensitive services), but not others (e.g., providing case management services; services guided by outcome data). The results also reveal a lack of consistency across programs in a variety of areas (e.g., training and experience of providers; educational curricula used by providers).

Keywords:

• Competency to stand trial
• juveniles
• remediation
• forensic services

Notes

1 These statutes, while consistent with the functional requirements of the Dusky standard required in criminal courts in the United States, are often broader in the allowable causes of incompetence in that they indirectly or directly allow developmental immaturity to be considered.

2 ACTC is publicly available for consideration and/or use by other jurisdictions. Several jurisdictions have now modified and adopted ACTC. Utah now offers a train-the-trainer model to assist with implementation. Contact: [email protected] for more information.

3 These data are from prior to the COVD-19 pandemic. Certainly, there have been more in-home sessions conducted via video-conferencing technology since the pandemic began.

4 These data are from prior to the COVD-19 pandemic. Certainly, there have been more in-home sessions conducted via video-conferencing technology since the pandemic began.

5 Survey participants were able to leave the survey and return to it later.

6 Because the distribution for responses to this item was skewed, median is reported rather than mean.