JMHCP Grantee (2010) -- New Castle County Family Court Juvenile Mental Health Court

Quick Facts:

Date accepted first participant:
January 2007
Mental health docket frequency:
Twice monthly
Number of participants per year:
51-100
Clinical eligibility criteria:
  • Appropirate mental health diagnoses including both Axis I and Axis II if approved by the Deputy Attorney General.
Clinical exclusion criteria:
  • While there are not specfic criteria that would exclude an individual from participation, clients with primary substance abuse issues may be better served by the Family Court Adjudicated Drug Court. In addition, due to a lack of services, individuals with developmental disabilities are often not entered into the program.
Legal eligibility criteria:
  • Ordinance offenses / violations
  • Misdemeanors
  • Felonies (property)
  • Felonies (nonviolent)
  • Felonies (violent)
  • Case disposition upon successful program completion:
  • Participants' charges may be dismissed upon successful completion
  • Case disposition upon unsuccessful program completion:
  • Participants are returned to the court of original jurisdiction for sentencing
  • Court and service components funded by:
  • Federal funds
  • Federal Grant Funds
  • JMHCP Grantee Information

    Grant Year
    2010

    JMHCP Grantee (2010) -- New Castle County Family Court Juvenile Mental Health Court

    Contact:

    Name:
    Andrea Mills
    Title:
    Director of Special Court Services
    Organization:
    Family Court of the State of Delaware
    Address:
    DE
    Email:
    andrea.mills@state.de.us

    JMHCP Grantee (2010) -- New Castle County Family Court Juvenile Mental Health Court

    General: Jurisdiction, History, and Planning

    Grantee Year:
    Mixed
    Other collaborative criminal justice/mental health initiatives in community:
    NCC Court of Common Please Mental Health Court NCC Superior Court Violation of Probation Mental Health Court The Supreme Court Mental Health Task Force Juvenile Justice Collaborative
    Date accepted first participant:
    January 2007
    Mental health docket frequency:
    Twice monthly
    Number of participants per year:
    51-100
    Planning and oversight/advisory group:
  • The court had a planning committee that ceased meeting after the court's creation
  • Oversight group members:
  • Community mental health service provider
  • State mental health agency representative
  • Judicial officer (e.g. a judge or magistrate)
  • Court administrator / program director
  • Prosecutor
  • Public defender
  • Eligibility Criteria

    Clinical eligibility criteria:
    • Appropirate mental health diagnoses including both Axis I and Axis II if approved by the Deputy Attorney General.
    Clinical exclusion criteria:
    • While there are not specfic criteria that would exclude an individual from participation, clients with primary substance abuse issues may be better served by the Family Court Adjudicated Drug Court. In addition, due to a lack of services, individuals with developmental disabilities are often not entered into the program.
    Establishment of clinical eligibility criteria:
  • They were established in consultation with mental health treatment providers
  • Legal eligibility criteria:
  • Ordinance offenses / violations
  • Misdemeanors
  • Felonies (property)
  • Felonies (nonviolent)
  • Felonies (violent)
  • Effect of criminal history on eligibility:
  • Yes, individuals with past violent crimes are excluded from participation
  • Yes, individuals with past sex offenses are excluded from participation
  • Yes, individuals with past arson offenses are excluded from participation
  • Degree to which crime victims are involved in court processes:
    Victims are notified when individuals enter the court program

    Court Team and Training

    Personnel who participate in case staffings:
  • Judicial officer (e.g. judge or magistrate)
  • Prosecutor
  • Defense attorney
  • Treatment provider or case manager employed by community mental health service provider
  • Job orientation:
    Staff are oriented on-the-job
    Ongoing training:
    • While no formal training is provided, various staff have attended both national and local training seminars on mental health topics.
    Training topics:
  • Overview of mental illness (e.g. recognizing symptoms or medications)
  • Local mental health services and community treatment capacity
  • Cultural competence
  • Gender-specific treatment and services
  • Trauma issues
  • Participant Information

    Primary sources of referrals:
    • Mental health / substance abuse treatment providers
    • Prosecutors
    • Defense attorneys
    Mental health screening conducted by:
    • Public defender
    • Psychoforensic Evaluators of the Public Defender's Office who are master level clinicians evalute the client before a referral is made.
    Mental health assessment conducted by:
  • Community mental health service provider
  • Point at which full mental health assessment conducted:
    After a participant has been accepted into court

    Terms and Duration of Participation

    Legal mechanism by which participants are accepted into court program:
  • Participants' charges are held in abeyance and then dismissed upon successful program completion
  • Case disposition upon successful program completion:
  • Participants' charges may be dismissed upon successful completion
  • Case disposition upon unsuccessful program completion:
  • Participants are returned to the court of original jurisdiction for sentencing
  • Terms of participation:
    They are individualized based on the offense and the clinical diagnosis
    The court uses a formal, standard written contract for all participants:
    Yes
    Minimum and maximum periods of participation:
    • A minimum time frame of at least 4 months in treatment before graduation has been established. There is no maximum limit.
    Average length of participation:
    The court does not collect this information

    Confidentiality and Informed Choice

    The court obtains written consent to release personal information:
    Yes, participants sign an initial release upon joining the program and subsequent releases when additional information is requested or shared
    Court-supervised treatment becomes part of the participants' criminal record:
    No
    The court has standard protocols for establishing legal competence of potential participants:
    No, the state determines legal competence before an individual is referred to the court program
    Length of time to assess participants' legal competence
    6 months
    After assessment of legal competence, length of time before assessment of clincial competence:
    The court program does not make a distinction between legal and clinical competence
    Defense counsel helps potential participants decide whether to enter the court:
    Yes

    Monitoring, Supervision, Treatment, and Adherence

    Monitoring and supervision of participants primarily performed by:
    Community mental health service providers
    Services available to court participants:
  • Outpatient mental health treatment
  • Integrated substance abuse and mental health treatment
  • Individual psychotherapy
  • Court-supported services available after program completion:
    Some
    Rewards and incentives applied to participants who adhere to terms of treatment plans:
  • Graduation ceremonies
  • Early completion of participation in court program
  • The court does not have a standardized list of rewards / incentives
  • Praise from the judge
  • Sanctions applied to participants who do not adhere to terms of treatment plans:
  • Modifications in treatment plan (e.g. more frequent appointments with a case manager, adjustment to medications, increased drug screening, etc.)
  • The court does not have a standardized list of sanctions.
  • Increased frequency of status hearings
  • Sustainability

    Court and service components funded by:
  • Federal funds
  • Federal Grant Funds
  • Has the court received media coverage?
    No
    Is there published research on the court program?
    No
    About this information:

    A program representative provided this information details through a detailed survey.

    For more information on the survey, read about our methodology or download a pdf of the full survey.

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