Kratcoski Juvenile Justice Administration Juvenile Justice Administration Peter C. Kratcoski Boca Raton London New York CRC Press is an imprint of the Taylor & Francis Group, an informa business CRC Press Taylor & Francis Group 6000 Broken Sound Parkway NW, Suite 300 Boca Raton, FL 33487-2742 © 2012 by Taylor & Francis Group, LLC CRC Press is an imprint of Taylor & Francis Group, an Informa business No claim to original U. Government works Version Date: 20120321 International Standard Book Number-13: 978-1-4398-2161-9 (eBook - PDF) This book contains information obtained from authentic and highly regarded sources. Reasonable efforts have been made to publish reliable data and information, but the author and publisher cannot assume responsibility for the validity of all materials or the consequences of their use.
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Contents Acknowledgments xi Foreword xiii About the Author xvii Chapter Contributors xix Section I INTRODUCTION TO JUVENILE JUSTICE ADMINISTRATION 1 The Juvenile Justice System 3 PETER C. KRATCOSKI 2 Administrative Principles and Tasks of Juvenile Justice Administrators 23 PETER C. KRATCOSKI 3 Management Theory and Administrative Models 43 PETER C. KRATCOSKI 4 Juvenile Justice Personnel 59 PETER C.
KRATCOSKI Section II INTRODUCTION TO THE ADMINISTRATION OF JUVENILE JUSTICE AGENCIES 5 Administration of Agencies Serving Endangered Children 79 PETER C. KRATCOSKI vii viii Contents 6 Family Law Pertaining to Children at Risk 117 PETER CHARLES KRATCOSKI AND PETER CHRISTOPHER KRATCOSKI 7 Law Enforcement Administration of Juvenile Justice in the United States 131 PETER C. KRATCOSKI 8 The Role of the Police in the Administration of Juvenile Justice in Canada: Balancing Criminal Justice and Social Welfare Concerns in a Risk Society 157 STEPHEN B. PERROTT AND MARGARET K.
DECHMAN 9 Police and Juveniles in Japan 181 MINORU YOKOYAMA 10 School Security: A Comparison Between Austria and the United States 197 PETER C. KRATCOSKI, MAXIMILIAN EDELBACHER, DAVID GRAFF, AND GILBERT NORDEN Section III INTRODUCTION TO THE JUVENILE JUSTICE PROCESS 11 Juvenile Court Processing and the Administration of the Juvenile Court 219 PETER C. KRATCOSKI 12 Juvenile Law 267 PETER C. KRATCOSKI 13 Juvenile Justice Administration in Austria 287 MAXIMILIAN EDELBACHER, NORBERT GERSTBERGER, AND GILBERT NORDEN Contents ix 14 Juvenile Justice Administration: A Canadian Overview 321 JOHN WINTERDYK 15 Administration of Japanese Juvenile Justice 349 MINORU YOKOYAMA 16 Juvenile Justice in South Africa: Challenges and Existing Processes 369 CHRISTIAAN BEZUIDENHOUT AND KEVIN LITTLE Section IV INTRODUCTION TO THE ADMINISTRATION OF JUVENILE CORRECTIONS 17 Administration of Probation, Parole, and Community-Based Sanctions 409 PETER C.
KRATCOSKI 18 Administration of Juvenile Correctional Facilities 437 PETER C. KRATCOSKI 19 Future Trends in Juvenile Justice Administration 473 PETER C. KRATCOSKI Acknowledgments In my initial conversation with the Carolyn Spence, justice editor for CRC Press/Taylor & Francis Group, I informed her that in this book I would focus on the administration of the juvenile justice system and also illustrate through examples or interviews with juvenile justice administrators and other personnel how the system functions in the real world. In addition, I hoped to achieve somewhat of a comparative analysis of juvenile justice sys- tems by asking professors and juvenile justice practitioners to write chapters on the system in the country in which they reside.
The readers of this book will have to determine whether these purposes for writings were achieved. The writing of this book would not have been possible without the assis- tance of the many individuals who contributed through their willingness to write a chapters, agreed to be interviewed, or offered to assist in the editing. Those who authored or coauthored one or more chapter are as follows: Christiaan Bezuidenhout Margaret K. Dechman Maximilian Edelbacher Norbert Gerstberger David R.
Graff Peter Christopher Kratcoski Kevin Little Gilbert Norden Stephen B. Stucki (Foreword) John Winterdyk Minoru Yokoyama The juvenile justice personnel who were interviewed, either electronically or in person, were as follows: Denna Bryan, Administrator, Community Corrections Facility, Multicounty Juvenile Attention System Michelle L. Cordova, Chief Assistant Prosecutor, Juvenile Division, Stark County Prosecutor’s Office xi xii Acknowledgments Christa J. Cross, Child Forensic Interviewer, Stark County Job and Family Services Richard DeHeer, Court Administrator, Stark County Family Court Norbert Gerstberger, Judge, Criminal/Juvenile Court of Vienna, Austria Richard McDonald, Constable, Halifax Regional Police Joseph Petrucelli, Coordinator, Summit County Juvenile Court Re-Entry Program John Saros, Executive Director, Summit County Children Services Albert D.
Shirer, Court Administrator, Wayne County Court of Common Pleas Probate and Juvenile Division Linda Tucci Teodosio, Judge, Juvenile Court of Summit County, Ohio Juvenile Court David Vanderwall, Superintendent, Multicounty Juvenile Attention System Terry Walton, Probation Department, Summit County Juvenile Court, Ohio Thomas Webb, Forensic Psychologist, Summit County (Ohio) Juvenile Court Pierre Wessels, Acting Senior Magistrate, Juvenile Court of South Africa Joseph Weyer, Juvenile Officer, Juvenile Bureau, Alliance Police Department A special thanks to those who assisted with several of the interviews. They are Christiaan Bezuidenhout, Maximilian Edelbacher, and Stephen B. Special thanks is given to Carolyn Spence for her understanding and acceptance of my excuses for the delay in the completion of the work. The guidance and information provided by Jennifer Ahringer when questions arose pertaining to style and organization is also much appreciated.
Finally, a very special thanks to my wife, Lucille Dunn Kratcoski, first for her assistance in the editing of every chapter and the rewriting of several chapters and second for her understanding during the periods our social life had to be ignored to devote the time to writing the book. Foreword When I heard that this book on juvenile justice administration was being pre- pared, I readily agreed to write this foreword because I have long recognized the key role administrators, managers, and supervisors play in the success of juve- nile justice functions. Having served as a judge with the Stark County Family Court for more than 18 years, and as the senior judge of that court for more than six years, I realize how important it is to have personnel who are working together as a team to accomplish the mission and specific goals of the court. As judges, we can set goals for the court that we want to achieve, but it is up to the court administrator, the heads of the various departments, and the line workers to actually accomplish these goals through their day-to-day operations.
Are leaders who have obtained a high degree of success using talents that are inherent to their personalities, or have they reached this degree of expertise through training and experience? This is a not a question that calls for an either-or answer. Those in leadership positions, to be effective, must utilize their personal traits and experiences, yet they also must be nimble enough to set aside these same traits in favor of evidence-based best prac- tices learned through training and experience. In other words, sometimes the very personal traits that help one become a leader stand in the way of actually leading. An effective leader must constantly be developing and hon- ing many skills.
These include planning, organizing, staffing, innovating, budgeting, coordinating, and communicating. Communication is listed last not because of its relative importance. In fact, communication on all levels of an organization is perhaps the most important of all. As in any relationship from marital to business to social, ineffective communication leads directly to disaster.
In our court, the Stark County Family Court, we conducted an extensive employee diversity training program some years ago with the goal to sensitize ourselves to the needs of the diverse population we serve as well as those of our diverse staff. That goal was achieved, and the diversity train- ing was a great success. The real success of that process, however, was that it became an overarching performance evaluation of our court, including that of our leadership, philosophy, mission and vision, and the way we do busi- ness. A general observation that came out of the diversity training was that the way we communicated was deficient.
As a result, many specific programs to improve communication, both internal and external, were developed and these programs are still being implemented successfully to this day. xiii xiv Foreword Judges involved with the family or juvenile courts must communicate effectively with many agencies and individuals, including the police, the prosecutor’s office, school administrators, children’s services agencies, wel- fare agencies, volunteer organizations, parents, and victims of delinquent behavior or unlawful, abusive, or neglectful behavior by adults, as well as the children who come before the court because of delinquent or status offenses. Varying skills are needed to deal with each of these groups because they have contrasting concerns and agendas. What sort of background, training, or education is needed to be an effec- tive administrator? An effective administrator must have the educational background to understand the foundational basis for systems and be able to apply that education practically to the work of a court or other organiza- tion.
To effectively do the practical work of the organization, the vision and mission of the organization must be a living, breathing, daily guide and not just a framed wall-hanging or stationary accouterment. By that, I mean all decisions made by administrators on down throughout the system must be guided by the organization’s values. During my tenure as judge, I constantly strove to be an innovator—to not be satisfied with the status quo, even when things were running fairly smoothly. I believe an organization can become complacent if the adminis- tration is not constantly looking for better ways of doing things and adapt- ing the latest proven methods and technology available for dealing with the youths and the public we serve.
Introducing new ideas and experimenting to achieve the court’s goals through innovative means is vital to having an effective court system. I pride myself on doing this. For example, our court was one of the first juvenile courts in the state to develop a teen court pro- gram. We were successful in obtaining grant money to develop several other innovative youth programs that have been recognized statewide and nation- ally.
These include pretrial diversion and the parent project. These programs would not have been successful without the concerted efforts of the different levels of personnel involved in their planning and implementation as well as the assistance and support of community agencies, volunteers, and con- cerned citizens who assist us. I recently assumed new responsibilities at the state and national lev- els.