54th Judicial Circuit Family Court - Juvenile Division

Juvenile Division of the Family Court

The Juvenile Court system was established in the 1890’s in response to the recognized social and developmental differences between adults and children.  In the earlier part of the century the prevailing response to both adult and juvenile crime was punishment.  There were no age-based differences under the law.  In the later part of the 1800’s there began to emerge an appreciation that children needed to be dealt with differently than adults whether for their own protection or with the belief that young people had the ability to learn and change.  Accordingly a philosophy of rehabilitation began to take shape.  A way of thinking that fostered and promoted an entirely separate court structure that emphasized the promotion of change through treatment such as counseling and education rather than a sole reliance on punishment as a deterrent.  As fully developed an entirely new court process was created.  In this new format even the language changed, indictments became petitions, trials became adjudications and sentencing became dispositions.  Juvenile jurisdiction was taken from circuit judges and assigned to probate judges for the express purpose of promoting a new attitude about juvenile defendants who were now called respondents.

Of primary importance was the open-ended rehabilitation concept.  Whereas in adult court people were sentenced to a definite period of incarceration juveniles could be kept in the juvenile system until they became rehabilitated.  Also the types of remedies were greatly expanded so that numerous treatment modalities could be used or accessed.  A change in philosophy from the old “lock ‘em up and throw away the key” sentiment to an idea that regardless of the current state of someone’s behavior they could change and it was worth the effort to try.  This change in approach to juveniles did not hold that punishment had no place, only that for change to be successful more than punishment is needed.

As this new philosophy progressed, the treatment of delinquent youth developed three important prongs or pillars.  The concept of punishment is preserved as a primary pillar but is often presented as a “consequence” of behavior.  This is often expressed as community service hours and may still include a loss of liberty including a stay in a detention facility.

The second pillar is restitution where damage to a victim is involved.  This may be emotional damage as well as property damage.  As with community service, restitution may be more than repayment standing alone.  Restitution and community service may also be learning tools when creatively used.  The purpose behind each of these two pillars may be the development of empathy and a sense of conscience.

The third and most important pillar is rehabilitation.  Rehabilitation aims at long-lasting behavior change.  Elements of the first two pillars are often an integral part of rehabilitation.  As an example, while residential treatment is usually intended to promote behavior change through therapy, it also involves a loss of liberty.  In similar fashion balanced an restorative justice requires interaction with the victim to make them more whole and in so doing helps develop empathy by placing a human face on the victims of crime.

• The Tuscola County Juvenile Division staff consists of a Director, two Probation Officers and an Intensive Probation Officer.  The Court probation staff makes recommendations to provide direct supervision to adjudicated wards, enforces court orders, implements treatment plans, refers youth for treatment, and if ordered place and supervise wards in residential treatment facilities.
• In addition to providing probation services the Juvenile Division has three programs designed to work with our at risk population.

Intensive Probation

• Tuscola County's In-Home-Care Intensive Probation Program works with adjudicated youth at risk of being placed out-of-home.  The program provides "intensive" services to court wards on probation that are not responding to traditional court services.  Wards report twice weekly, with school and other activities closely monitored.  The goal of the program is the treat youth in the community avoiding placements that cost an average of $180.00 per day.

Stop The Abuse

• The Stop the Abuse Program provides services to juvenile division wards adjudicated for a substance abuse offense or who may be experiencing problems related to their abuse of substances.
• The Stop the Abuse program is an accountability-based program relying on mandatory drug testing as a tool for compliance, increasing the effectiveness of the probation officers ability to hold juvenile offenders accountable for their behavior.  In place is a six-phase program, which is a mix of services dependent on need.  Services include assessment, drug testing, education, group and individual therapy.
• Services are provided by a contract with New Light Consultants.

Truancy Prevention

• The School Truancy/Delinquency Prevention Program is designed to provide direct services to the most behaviorally challenged, at risk students in Tuscola County.  Youth targeted for the program are likely, through their non-attendance in school, to come under the jurisdiction of the courts.
• This program is a joint venture between the Family Court and the Tuscola County Intermediate School District.  The TCISD has been contracted to act as the fiduciary and has received funding from all area school districts enabling the hiring of a full time prevention specialist.  The Prevention Specialist provides guidance to youth and their families, attempting to improve school performance and avoid court involvement.