THE YOUTH DEVELOPMENT APPROACH TO ZEALOUS ADVOCACY

THE YOUTH THE YOUTH DEVELOPMENT DEVELOPMENT APPROACH TO ZEALOUS APPROACH TO ZEALOUS ADVOCACYADVOCACY

The Youth Advocacy ProjectThe Youth Advocacy ProjectCommittee for Public Counsel Services Committee for Public Counsel Services Roxbury, MassachusettsRoxbury, Massachusetts

May 4, 2009May 4, 2009

Special ThanksSpecial Thanks

Dr. Ann Tobey and Dr. Penny HaneyDr. Ann Tobey and Dr. Penny Haney Laurie Jo Wallace and Mo Barboza of the Laurie Jo Wallace and Mo Barboza of the

Medical FoundationMedical Foundation Glenn Daly, Director of Youth Glenn Daly, Director of Youth

Development Massachusetts EOHHSDevelopment Massachusetts EOHHS Judge Jay Blitzman and all the staff of Judge Jay Blitzman and all the staff of

the Youth Advocacy Projectthe Youth Advocacy Project Katie Rollins, Tufts UniversityKatie Rollins, Tufts University

Starting the ConversationStarting the Conversation

Explorers?Explorers?

Advocacy PresentationAdvocacy Presentation Broad brushBroad brush ExceptionsExceptions

Not New Knowledge, New Not New Knowledge, New OrganizationOrganization

GoalsGoals

YDAYDA

What is it?What is it?

Why should we use it? (What do we do Why should we use it? (What do we do now?)now?)

How do we use it?How do we use it?

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

Youth Development ApproachPractical 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

Context is EverythingContext is Everything

The Adversarial SystemThe Adversarial System

Adult CorrectionsAdult Corrections

Court Involved YouthCourt Involved Youth

YDA in an Adversarial SystemYDA in an Adversarial System

Best Possible Life Outcomes

Problem Free Outcomes

Developmental Outcomes

Achievement Outcomes

YDA DomainsHealthSafetyRelationshipsEducation/WorkCommunity

Short Term

Long Term

Best Possible Legal Outcome

LitigationLegal Team- Zealous Advocacy- Youth Development Approach- Nurturing Adult

- Care & Support- Expectations- Participation

The Adversarial SystemThe Adversarial System

Truth Seeking and Dispute ResolutionTruth Seeking and Dispute Resolution Winning v. UnderstandingWinning v. Understanding

Impartial Decision MakersImpartial Decision Makers JudgesJudges JuriesJuries

PartiesParties Those with RightsThose with Rights Those with an InterestThose with an Interest

Chronically Court Chronically Court Involved AdultsInvolved Adults

EducationEducation Wealth/Career/EmploymentWealth/Career/Employment Family circumstances Family circumstances Mental HealthMental Health Alcohol/Substance useAlcohol/Substance use Place in the CommunityPlace in the Community

Court Involved AdultsCourt Involved Adults

Problem Solving skills?Problem Solving skills?

Social Competence Skills?Social Competence Skills?

Sense of the Future?Sense of the Future?

Autonomy?Autonomy?

Youth in Juvenile CourtYouth in Juvenile Court

School? School? Money?Money? Out of School Time?Out of School Time? Family?Family? Health and Health Care?Health and Health Care? Safety?Safety? Community engagement?Community engagement?

AdolescentsAdolescents

Problem Solving skills?Problem Solving skills?

Social Competence Skills?Social Competence Skills?

Sense of the Future?Sense of the Future?

Autonomy?Autonomy?

The Current Juvenile Court ApproachThe Current Juvenile Court Approach

Decision makers Decision makers oftenoften rely upon a carrot and rely upon a carrot and stick approachstick approach

Court processes Court processes oftenoften focus on the focus on the “accountability” of each individual child and sees “accountability” of each individual child and sees all behavior as essentially willfulall behavior as essentially willful

Adults attempt to cure bad behavior by Adults attempt to cure bad behavior by unilaterally imposing our willunilaterally imposing our will

Positive Youth OutcomesPositive Youth Outcomes Problem Free Outcomes

Achievement Developmental

Outcomes Outcomes

Kids who can do wellwill do well

Definitions of OutcomesDefinitions of Outcomes

Problem Free OutcomesProblem Free Outcomes Not having a negative occurrence (e.g., no arrests)Not having a negative occurrence (e.g., no arrests)

Achievement OutcomesAchievement Outcomes Positive successes (e.g., honor roll, learning a skill)Positive successes (e.g., honor roll, learning a skill)

Developmental OutcomesDevelopmental Outcomes Overall healthy developmentOverall healthy development

AchievementAchievement Problem-free/PreventionProblem-free/Prevention

High School High School DiplomaDiploma

JobJob Passing the Passing the

MCASMCAS Earning a Earning a

certificate of certificate of completioncompletion

Not doing drugsNot doing drugs Not stealing a Not stealing a

carcar Not getting Not getting

pregnantpregnant Not joining a Not joining a

ganggang

Examples of OutcomesExamples of Outcomes

Examples of Examples of Developmental OutcomesDevelopmental OutcomesAspects of IdentityAspects of Identity Safety & StructureSafety & Structure Self-WorthSelf-Worth Mastery & FutureMastery & Future Belonging & MembershipBelonging & Membership Responsibility & Responsibility &

AutonomyAutonomy Self-Awareness & Self-Awareness &

SpiritualitySpirituality

Areas of AbilityAreas of Ability Physical HealthPhysical Health Mental HealthMental Health Intellectual AbilityIntellectual Ability EmployabilityEmployability Civic & Social AbilityCivic & Social Ability Cultural AbilityCultural Ability

CLIENT EXAMPLECLIENT EXAMPLE

Adolescent Development

Cognitive/intellectualformal operations, think

systematically about possibilities; abstract thought; anticipate consequences; executive

functioning; flexibility

Social/InterpersonalConformity to expectations and

influences of peers; social skills Able to hold multiple

perspectives

Physical/physiologicalbrain dev’l; puberty

Emotional/psychologicalemotional regulation

IntrapersonalDevelopment of identity separate

from family; body image; sense of competence

Spiritual/Moralconsider complexity of moral

issues; meanings/beliefs

Adam Ortiz. Adolescence, Brain Development and Legal Culpability. American Bar Association, Juvenile Justice Center.

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

Challenges of Challenges of Adolescent DevelopmentAdolescent Development

Time PerspectiveTime Perspective Risk Taking/Sensation SeekingRisk Taking/Sensation Seeking EgocentrismEgocentrism Magical/Wishful ThinkingMagical/Wishful Thinking ImpulsivityImpulsivity

The Constellation of Youth The Constellation of Youth Development NeedsDevelopment Needs

Usefulness

Belonging

Competence

Independence

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.

All Youth Will Find Ways to:All Youth Will Find Ways to:

Meet their basic needsMeet their basic needs

Build skills and valuesBuild skills and values

Use their skills, talents, energies and Use their skills, talents, energies and time in ways that make them feel good time in ways that make them feel good and powerfuland powerful


If N eedis M et in

P o s itive W ays

If N eed isis M et in

N egative W ays

If N eedis u n m et

W h at H ap p en s to Y o u th ?

Why is Meeting Youth Needs so Important?


If Youth Needs are Met in If Youth Needs are Met in Positive WaysPositive Ways

Youth develop these characteristics:


If Youth Needs are MetIf Youth Needs are Met in Negative Ways in Negative Ways

Belonging Mastery Power Generosity

Gang Loyalty Craves Affection & Acceptance Promiscuous Clinging Overly- Dependent

Overachiever Arrogant Risk-seeker Cheater Workaholic Perseveres Delinquent Skills

Dictatorial Reckless Bully Sexual Prowess Manipulative Rebellious Defies Authority

Overinvolved Plays Martyr Co-dependent “Noblesse Oblige”

Unmet needs can become defining factors in the lives of youth...


If Need is UnmetIf Need is Unmet

Belonging Mastery Power Generosity Unattached Guarded Rejecting Lonely Aloof Isolated Distrustful

Nonachiever Avoids Risk Fears Challenges Unmotivated Gives Up Easily

Submissive Lacks Confidence Irresponsible Helplessness Undisciplined Easily Influenced

Selfish Narcissistic Hardened Anti-social Exploitative

Some youth retreat or give up on getting needs met...


Response - Increases Characteristic or Behavior

Need Met or Unmet

Behavior or Characteristic Impacts Type of Response

• 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.

The Circle of Meeting Youth Needs


Characteristics of Court Characteristics of Court Involved PopulationInvolved Population

Physical and Mental HealthPhysical and Mental Health Poverty and poor schoolsPoverty and poor schools Lack of out of school time supportLack of out of school time support Problem relationshipsProblem relationships SafetySafety Isolation/alienationIsolation/alienation

Paradigm ShiftParadigm Shift

Valuing and supporting young peopleValuing and supporting young people Youth not defined by their problemsYouth not defined by their problems Youth are potential resourcesYouth are potential resources Youth need to be at the tableYouth need to be at the table Youth need assets to develop positivelyYouth need assets to develop positively Adults are responsible for positive youth Adults are responsible for positive youth

developmentdevelopment

The New ParadigmThe New Paradigm

The Youth Development Approach recognizes The Youth Development Approach recognizes that children who that children who cancan do well, do well, willwill do well. do well.

If they aren’t doing well, there is a reason -- If they aren’t doing well, there is a reason -- adults need to figure out why, so we can helpadults need to figure out why, so we can help

Emphasis on understanding not blamingEmphasis on understanding not blaming Emphasis on collaborative problem solving not Emphasis on collaborative problem solving not

consequencesconsequences Emphasis on healthy development not just Emphasis on healthy development not just

compliancecompliance Mutual satisfaction (fairness)Mutual satisfaction (fairness)

I did not make this up! I did not make this up! From Neurons to NeighborhoodsFrom Neurons to Neighborhoods

and and The Explosive ChildThe Explosive Child

Healthy child development Healthy child development is dependent on a is dependent on a combination of individual combination of individual responsibility, informal responsibility, informal social supports, and social supports, and formalized structures that formalized structures that evolve within a societyevolve within a society

--Jack Schoncoff--Jack Schoncoff

The most important thing to The most important thing to know about inflexible-explosive know about inflexible-explosive children is that they don’t want children is that they don’t want to be inflexible or explosive. to be inflexible or explosive. Their meltdowns aren’t Their meltdowns aren’t intentional..., not a way to intentional..., not a way to manipulate adults, get attention, manipulate adults, get attention, test limits or engage in a power test limits or engage in a power struggle... Watch a child during struggle... Watch a child during a meltdown and you’ll see how a meltdown and you’ll see how miserable (they are). No child miserable (they are). No child would want to feel that way. would want to feel that way.

--Ross Greene--Ross Greene

THE YDA MODEL AND THE YDA MODEL AND ZEALOUS ADVOCACYZEALOUS ADVOCACY

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

Transformational Transformational Representation Representation

Life Success leads to Case SuccessLife Success leads to Case Success The Dynamic Triangle of life outcomesThe Dynamic Triangle of life outcomes

Resources, Opportunities, and ServicesResources, Opportunities, and Services The Five DomainsThe Five Domains

RelationshipsRelationships EducationEducation

Experiential LearningExperiential Learning The process of preparing a case.The process of preparing a case.

DomainsDomains

Search Institute 40 internal/external Search Institute 40 internal/external assets are building blocks of healthy assets are building blocks of healthy youth developmentyouth development

Massachusetts Statewide Policy on Massachusetts Statewide Policy on Youth: Youth: “All Massachusetts youth grow “All Massachusetts youth grow up to be healthy, caring, and up to be healthy, caring, and economically self-sufficient adults.”economically self-sufficient adults.”

DomainsDomains

Resources for Physical & Mental HealthResources for Physical & Mental Health Nurturing/Positive RelationshipsNurturing/Positive Relationships Safe Places to Live and LearnSafe Places to Live and Learn Educational and Economic OpportunityEducational and Economic Opportunity Structured Activities & Civic Participation Structured Activities & Civic Participation

Attorney Client RelationshipAttorney Client Relationship

Caring and supportive relationshipCaring and supportive relationship

High/Clear/Fair expectationsHigh/Clear/Fair expectations

Maximizing opportunities for participationMaximizing opportunities for participation

Transitional and transformativeTransitional and transformative

Risk and ResilienceRisk and Resilience Resilience Resilience the ability to cope positively with the ability to cope positively with

the stressors, challenges, adversity in one’s the stressors, challenges, adversity in one’s environmentenvironment

Protective factors Protective factors factors that promote factors that promote resilienceresilience

Risk factors make it harder to cope and to get Risk factors make it harder to cope and to get needs met and engage in the “circle” in a healthy needs met and engage in the “circle” in a healthy manner to develop positivelymanner to develop positively

To really understand an adolescent, we need to To really understand an adolescent, we need to know their strengths and competencies as well know their strengths and competencies as well as risks and symptoms as risks and symptoms need to know their need to know their TOTAL environmentTOTAL environment

STRESS & COPINGSTRESS & COPING

All development needs stress and All development needs stress and challengeschallenges

Two sides of a balanceTwo sides of a balance Coping well requires resources to help Coping well requires resources to help

you manage stress you manage stress Some days are better than others Some days are better than others

(consistency is not always consistent)(consistency is not always consistent)

Current Adolescent Brain Current Adolescent Brain ResearchResearch

o Adolescents are capable of making great Adolescents are capable of making great decisions, but…decisions, but…

- - They are often less-skilled at making real-lifeThey are often less-skilled at making real-life decisions than adultsdecisions than adults

- Neural pathways do not flow as smoothly or - Neural pathways do not flow as smoothly or directly as with adultsdirectly as with adults

- Strong environmental & peer influence are normal- Strong environmental & peer influence are normal - Risk-taking and lower capacity for self-management - Risk-taking and lower capacity for self-management

are developmentally appropriate are developmentally appropriate

Sentencing AdvocacySentencing Advocacy

Marketing?Marketing?

Packaging the client as is?Packaging the client as is?

External ChangesExternal Changes

Internal ChangesInternal Changes

Ross Greene’s BeachRoss Greene’s Beach

Waves and UndertowWaves and Undertow

Providing a Life PreserverProviding a Life Preserver

Teaching SwimmingTeaching Swimming

YDA in an Adversarial SystemYDA in an Adversarial System

Best Possible Life Outcomes

Problem Free Outcomes

Developmental Outcomes

Achievement Outcomes

YDA DomainsHealthSafetyRelationshipsEducation/WorkCommunity

Short Term

Long Term

Best Possible Legal Outcome

LitigationLegal Team- Zealous Legal Advocacy- Youth Development Approach - Nurturing Adult

- Care & Support- Expectations- Participation

Zealous AdvocateZealous Advocate

Assists child & family in turning court Assists child & family in turning court process into a healthy developmental process into a healthy developmental experienceexperience

Helps court understand & meet the child’s Helps court understand & meet the child’s developmental needs, improving legal and developmental needs, improving legal and life outcomes life outcomes

Helps Court fairly and effectively meet Helps Court fairly and effectively meet mission of caring for kids and protecting the mission of caring for kids and protecting the communitycommunity

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THE YOUTH DEVELOPMENT APPROACH TO ZEALOUS ADVOCACY