THE YOUTH DEVELOPMENT APPROACH TO ZEALOUS ADVOCACY

1. THE YOUTH DEVELOPMENT APPROACH TO ZEALOUS ADVOCACY The Youth Advocacy Project Committee for Public Counsel Services Roxbury, Massachusetts May 4, 2009

2. Special Thanks • Dr. Ann Tobey and Dr. Penny Haney • Laurie Jo Wallace and Mo Barboza of the Medical Foundation • Glenn Daly, Director of Youth Development Massachusetts EOHHS • Judge Jay Blitzman and all the staff of the Youth Advocacy Project • Katie Rollins, Tufts University

3. Starting the Conversation • Explorers? • Advocacy Presentation • Broad brush • Exceptions • Not New Knowledge, New Organization

4. Goals • YDA • What is it? • Why should we use it? (What do we do now?) • How do we use it?

5. The New Yorker. July 28, 1997, p. 40

6. Youth Development Approach Practical Definition A simple set of concepts and strategies that help adults better understand and support youth in developing the personal, social, academic and citizenship competencies necessary for adolescence and adult life based on their capacities, strengths, and formative needs. Borrowed from The Medical Foundation, BEST Initiative

7. Context is Everything • The Adversarial System • Adult Corrections • Court Involved Youth

8. Legal Team Litigation - Zealous Advocacy - Youth Development Approach - Nurturing Adult Short Term Best Possible Legal Outcome - Care & Support - Expectations - Participation Long Term Problem Free Outcomes YDA Domains Health Safety Relationships Education/Work Community Achievement Outcomes Developmental Outcomes YDA in an Adversarial System Best Possible Life Outcomes

9. The Adversarial System • Truth Seeking and Dispute Resolution • Winning v. Understanding • Impartial Decision Makers • Judges • Juries • Parties • Those with Rights • Those with an Interest

10. Chronically Court Involved Adults • Education • Wealth/Career/Employment • Family circumstances • Mental Health • Alcohol/Substance use • Place in the Community

11. Court Involved Adults • Problem Solving skills? • Social Competence Skills? • Sense of the Future? • Autonomy?

12. Youth in Juvenile Court • School? • Money? • Out of School Time? • Family? • Health and Health Care? • Safety? • Community engagement?

13. Adolescents • Problem Solving skills? • Social Competence Skills? • Sense of the Future? • Autonomy?

14. The Current Juvenile Court Approach • Decision makers often rely upon a carrot and stick approach • Court processes often focus on the “accountability” of each individual child and sees all behavior as essentially willful • Adults attempt to cure bad behavior by unilaterally imposing our will

15. Kids who can do well will do well Positive Youth Outcomes Problem FreeOutcomes Achievement Developmental OutcomesOutcomes

16. Definitions of Outcomes • Problem Free Outcomes • Not having a negative occurrence (e.g., no arrests) • Achievement Outcomes • Positive successes (e.g., honor roll, learning a skill) • Developmental Outcomes • Overall healthy development

17. Not doing drugs Not stealing a car Not getting pregnant Not joining a gang AchievementProblem-free/Prevention Examples of Outcomes • High School Diploma • Job • Passing the MCAS • Earning a certificate of completion

18. Areas of Ability Physical Health Mental Health Intellectual Ability Employability Civic & Social Ability Cultural Ability Examples of Developmental Outcomes Aspects of Identity • Safety & Structure • Self-Worth • Mastery & Future • Belonging & Membership • Responsibility & Autonomy • Self-Awareness & Spirituality

19. CLIENT EXAMPLE

20. Cognitive/intellectual formal operations, think systematically about possibilities; abstract thought; anticipate consequences; executive functioning; flexibility Physical/physiological brain dev’l; puberty Adolescent Development Intrapersonal Development of identity separate from family; body image; sense of competence Spiritual/Moral consider complexity of moral issues; meanings/beliefs Emotional/psychological emotional regulation Social/Interpersonal Conformity to expectations and influences of peers; social skills Able to hold multiple perspectives

21. Adolescent Brain Development • Adolescence is key stage of brain development • intense overproduction and pruning of gray matter  thinking • myelination of white matter  precision and efficiency • FRONTAL LOBE DEVELOPMENT • undergoes more change during adolescence than any other stage • last part of the brain to develop • executive functioning, adult-like vs. emotional reasoning AdamOrtiz. Adolescence, Brain Development and Legal Culpability. American Bar Association, Juvenile Justice Center.

22. Challenges of Adolescent Development • Time Perspective • Risk Taking/Sensation Seeking • Egocentrism • Magical/Wishful Thinking • Impulsivity

23. The Constellation of Youth Development Needs Independence Usefulness Competence Belonging Cathann A. Kress (Director, Youth Development. Families 4-H and Nutrition, CSREES, USDA), citing Brendtro, L., Brokenleg, M. & Van Bockern, S. (December 2001). Reclaiming Youth at Risk. National Education Service.

24. All Youth Will Find Ways to: • Meet their basic needs • Build skills and values • Use their skills, talents, energies and time in ways that make them feel good and powerful Cathann A. Kress (Director, Youth Development. Families 4-H and Nutrition, CSREES, USDA), citing Brendtro, L., Brokenleg, M. & Van Bockern, S. (December 2001). Reclaiming Youth at Risk. National Education Service.

25. Why is Meeting Youth Needs so Important? Cathann A. Kress (Director, Youth Development. Families 4-H and Nutrition, CSREES, USDA), citing Brendtro, L., Brokenleg, M. & Van Bockern, S. (December 2001). Reclaiming Youth at Risk. National Education Service.

26. If Youth Needs are Met in Positive Ways Youth develop these characteristics: Cathann A. Kress (Director, Youth Development. Families 4-H and Nutrition, CSREES, USDA), citing Brendtro, L., Brokenleg, M. & Van Bockern, S. (December 2001). Reclaiming Youth at Risk. National Education Service.

27. If Youth Needs are Met in Negative Ways Unmet needs can become defining factors in the lives of youth... Cathann A. Kress (Director, Youth Development. Families 4-H and Nutrition, CSREES, USDA), citing Brendtro, L., Brokenleg, M. & Van Bockern, S. (December 2001). Reclaiming Youth at Risk. National Education Service.

28. If Need is Unmet Some youth retreat or give up on getting needs met... Cathann A. Kress (Director, Youth Development. Families 4-H and Nutrition, CSREES, USDA), citing Brendtro, L., Brokenleg, M. & Van Bockern, S. (December 2001). Reclaiming Youth at Risk. National Education Service.

29. The Circle of Meeting Youth Needs • Youth characteristics and behaviors impact whether they will get needs met in new situations. • Adult responses to needs impact development of characteristics and behaviors in youth. Behavior or Characteristic Impacts Type of Response Need Met or Unmet Response - Increases Characteristic or Behavior Cathann A. Kress (Director, Youth Development. Families 4-H and Nutrition, CSREES, USDA), citing Brendtro, L., Brokenleg, M. & Van Bockern, S. (December 2001). Reclaiming Youth at Risk. National Education Service.

30. Characteristics of Court Involved Population • Physical and Mental Health • Poverty and poor schools • Lack of out of school time support • Problem relationships • Safety • Isolation/alienation

31. Paradigm Shift • Valuing and supporting young people • Youth not defined by their problems • Youth are potential resources • Youth need to be at the table • Youth need assets to develop positively • Adults are responsible for positive youth development

32. The New Paradigm • The Youth Development Approach recognizes that children who can do well, will do well. • If they aren’t doing well, there is a reason -- adults need to figure out why, so we can help • Emphasis on understanding not blaming • Emphasis on collaborative problem solving not consequences • Emphasis on healthy development not just compliance • Mutual satisfaction (fairness)

33. The most important thing to know about inflexible-explosive children is that they don’t want to be inflexible or explosive. Their meltdowns aren’t intentional..., not a way to manipulate adults, get attention, test limits or engage in a power struggle... Watch a child during a meltdown and you’ll see how miserable (they are). No child would want to feel that way. --Ross Greene I did not make this up! From Neurons to Neighborhoodsand The Explosive Child Healthy child development is dependent on a combination of individual responsibility, informal social supports, and formalized structures that evolve within a society --Jack Schoncoff

34. THE YDA MODEL AND ZEALOUS ADVOCACY

35. The New Yorker. July 28, 1997, p. 40

36. Transformational Representation • Life Success leads to Case Success • The Dynamic Triangle of life outcomes • Resources, Opportunities, and Services • The Five Domains • Relationships • Education • Experiential Learning • The process of preparing a case.

37. Domains • Search Institute 40 internal/external assets are building blocks of healthy youth development • Massachusetts Statewide Policy on Youth: “All Massachusetts youth grow up to be healthy, caring, and economically self-sufficient adults.”

38. Domains • Resources for Physical & Mental Health • Nurturing/Positive Relationships • Safe Places to Live and Learn • Educational and Economic Opportunity • Structured Activities & Civic Participation

39. Attorney Client Relationship • Caring and supportive relationship • High/Clear/Fair expectations • Maximizing opportunities for participation • Transitional and transformative

41. Risk and Resilience • Resilience  the ability to cope positively with the stressors, challenges, adversity in one’s environment • Protective factors  factors that promote resilience • Risk factors make it harder to cope and to get needs met and engage in the “circle” in a healthy manner to develop positively • To really understand an adolescent, we need to know their strengths and competencies as well as risks and symptoms  need to know their TOTAL environment

42. STRESS & COPING • All development needs stress and challenges • Two sides of a balance • Coping well requires resources to help you manage stress • Some days are better than others (consistency is not always consistent)

44. Current Adolescent Brain Research • Adolescents are capable of making great decisions, but… • - They are often less-skilled at making real-life decisions than adults • - Neural pathways do not flow as smoothly or directly as with adults • - Strong environmental & peer influence are normal • - Risk-taking and lower capacity for self-management are developmentally appropriate

46. Sentencing Advocacy • Marketing? • Packaging the client as is? • External Changes • Internal Changes

47. Ross Greene’s Beach • Waves and Undertow • Providing a Life Preserver • Teaching Swimming

48. Legal Team Litigation - Zealous Legal Advocacy - Youth Development Approach - Nurturing Adult Short Term Best Possible Legal Outcome - Care & Support - Expectations - Participation Long Term Problem Free Outcomes YDA Domains Health Safety Relationships Education/Work Community Achievement Outcomes Developmental Outcomes YDA in an Adversarial System Best Possible Life Outcomes

49. Zealous Advocate • Assists child & family in turning court process into a healthy developmental experience • Helps court understand & meet the child’s developmental needs, improving legal and life outcomes • Helps Court fairly and effectively meet mission of caring for kids and protecting the community