NDACo News

NDACo News

NDACo Continues Work on Youth Placement

Posted 9/12/22 (Mon)

Lisa Jahner | Juvenile Justice Program Manager

  1. has been instrumental this past year in helping local law enforcement and communities adjust how and where unruly youth are placed. For many years, NDACo has administered a program termed “Attendant Care,” which provides short-term supervision for youth picked up by law enforcement on a citable charge, as an alternative to secure detention. Federal dollars through the US Department of Justice intended for alternatives to incarceration are used to reimburse the county, or private provider on behalf of the county, for the direct costs of those placements.

Statute changes this past legislative session designated unruly youth (those youth who have committed an offense that would not be criminal if committed by an adult) as a new legal category considered “Children in Need of Services” or “CHINS.” As of August 1, CHINS youth are no longer arrested and referred to Juvenile Court but rather referred to the Human Services Zones to help youth and families address issues that may have precipitated the behavior. The CHINS category includes behaviors such as ungovernable behavior, truancy, runaway and the use of tobacco under the age of 14. This was seen as a very positive change for youth and families, as many youths who do not belong in the justice system will now be kept out. In addition, the use of temporary shelter care can prevent foster care placements by addressing immediate needs.

CHINS youth that are taken into custody by law enforcement, i.e., runaways, and in need of short-term supervision are now to be placed in shelter care rather than attendant care. The ND Department of Human Services (DHS) issued new administrative rules to “certify” shelter care sites so that providers can receive funding from DHS to cover the cost of youth placed in these facilities.

In addition, DHS has made grant funding available to interested shelter care providers to use for start-up costs, such as the initial operating costs, construction, remodeling, payroll, training, staffing ratios and related costs associated with meeting certification standards.

Many of the providers of attendant care services are now also providing certified shelter care services. For safety reasons, administrative rules require that CHINS youth placed in certified shelter care be kept separate from delinquent youth placed in attendant care.

The changes have resulted in possible increased costs for some providers:

  • The separation requirement, although in the best interest of youth, may require additional staff and/or space to be able to accommodate both populations;
  • Due to the now small number of delinquent youth going into attendant care, an “on-call” stipend, or worker retainer, may be needed in order to have staff available at a moment’s notice when law enforcement needs to place a youth;
  • DHS has determined that the first 24 hours of the placement of a CHINS youth in shelter care is a cost to be borne by local government until they are able to budget for the costs.

NDACo has been working to try to minimize the costs to local government, coordinating the development of regional MOUs, as applicable, and continuing to advocate for shelter care dollars through DHS for the first 24 hours of a CHINS placement in shelter care.

In addition, law enforcement is encouraged to use crisis response services through DHS by calling 988 to assist with people in crisis from substance use, mental health concerns, relationship conflict and other issues. These services are designed to provide immediate care to people in crisis and reduce unnecessary law enforcement involvement. A trained specialist will provide support to stabilize the situation. If the trained specialist determines that placement is needed, the cost of the first 24 hours of shelter care will not be a cost to local government. The services are available statewide and can be accessed 24 hours a day, seven days a week.

 

Category

Behavior

Handling

Placement (if needed)

Unruly (old classification)

Truancy, Ungovernable, Runaway, Tobacco Under Age 14

Referral to Juvenile Court

Attendant Care

CHINS (new classification)

Truancy, Ungovernable, Runaway, Tobacco Under Age 14

Referral to Human Service Zone

Certified Shelter Care

Delinquent (unchanged)

An Act Designated a Crime Under Law

Referral to Juvenile Court

Attendant Care