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Carrot……or Time-Out Managing Participant Behavior

Presented By:

Commissioner Molly Merrigan Penny Clodfelter, LCSW, LMSW

Family Drug Court Program 16th Judicial Circuit, Kansas City, MO

National Association of Drug Court Professionals Conference

Washington, DC

July 15, 2013

Initially Developed by Douglas Marlowe, JD, Ph.D.; Commissioner Molly Merrigan, JD; and Magistrate Donna P. Mitchell, JD

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Why Manage Behavior?

Best Interest of the Child

Accountability and Well-Being of Parents

Safety and Health of the Community

Create an Environment Where Success

is Possible

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Ten Science-Based Principles of Changing Behavior Through the Use of Reinforcement and Punishment

William Meyer, Sr. Judicial Fellow, National Drug Court Institute. 11/15/05

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All Pain……No Gain

Certainty is more important

than severity

Making Meaningful Connections

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What do you want, what do you really…really want?

As a team identify the individual

motivators for clients?

How will this evolve over time?

Accentuate the positive behavior!

Perceptions of Fairness

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“Punishment” Should Fit the “Crime”

Too Hot Avoidance, Escape, Overgeneralization

Too Cold Thick-Skinned “Tolerance”

Just Right Response must be meaningful Response must match the behavior

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Trust But Verify

Define the Target Behaviors

Targeted behavior must be reliably detected

-negative and positive

Response should be delivered for every

target behavior

Accountability of program and clients

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Justice Delayed Is Justice Denied

IMMEDIACY

Time is not on your side

CERTAINTY

This is not a mystery novel

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Testing: 1…2…3… Testing: 1…2…3…

Frequent

Random

Reliable

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Keep it simple and clear

Response must be predictable

Response must be within the client’s

control

Morton Seligman, Learned Helplessness

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For Every Action There is a Reaction

Unintended consequences

Extrinsic vs Intrinsic Motivators

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Catch More Flies with Honey than Vinegar

“The Vinegar” Punishment is hard to do correctly Punishment has a lot of side effects “The Honey” Positive Reinforcement is more

effective Positive Reinforcement is easier on the

team Positive Reinforcement is a different

means to the same end

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I Can’t Get No Satisfaction

Getting to Know You Interpersonal Skills Empathy Enthusiasm Valuing Engagement

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Do something Stop doing something

GOAL FOR CLIENT

Remove something

Provide something

Positive Reinforcement

Negative Reinforcement

Punishment

Response Cost

– OR – Extinction

Behavior Modification 101

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Do something Don’t do something

TARGET BEHAVIOR

Give something they like

Thinking In the Box

Give something they don’t like

Take away something

they don’t like

Take away something they like

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First Things First

A journey starts with a single step Pick short term goals that lead to long term

goals

Structure, Process, Phase

Simple, Specific, Attainable Tasks

Recognize the context we are working in ASFA, Best Interest of the Child, Family Unit,

Community Systems

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Key Definitions

Positive Reinforcement and or Rewards: privileges, praise, and/or tangible rewards applied as the result of a desired outcome.

Positive and Negative Punishment (Sanctions/Consequences): restrictions and/or sanctions applied or increased as a result of undesired behavior; privileges and/or tangibles reduced and/or removed as a result of undesired behavior.

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Examples of Positive Reinforcement and or Rewards

Positive Reinforcement examples: 1. Praise and applause from the team 2. Certificate of achievement (e.g., 30 days sober, etc.) 3. Increased visitation with children 4. Phase up 5. First on the docket 6. Increase length of time between hearings 7. Providers speak about the client’s progress during the

actual hearing 8. Choice of treat 9. Letter or card from the team 10. Free or discounted legal advice

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Continued

Rewards examples

1. Assistance with utility bills or rent 2. Assistance with dental needs 3. Increased bus passes 4. Gift cards (e.g., gas, food) 5. Personal care items 6. Pay for GED testing 7. Recommendation letter for job or probation 8. Tickets or paid fees for pro-social activity

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Positive/Negative Consequences/Sanctions

Consequences/Sanctions

1. Increased court appearances 2. Last called on the docket 3. Daily urinalysis testing 4. Hair test 5. Write a letter of apology to children, self, or identified

person(s) 6. Write own obituary 7. Watch an assigned DVD and write a brief report 8. Increase community self-help meetings 9. Increase length of time in the program 10. Increase treatment time

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Using the Courtroom Presence of Children in Courtroom Response must be put in context for

participant, observers and the team Perception of fairness Presentation of information in Court Staffing as part of the process

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Life will always be a series of choices bringing consequences.

Your decision will bring you a blessing or a curse.

It is ALWAYS up to you.