NCJFCJ Resolution Regarding Trauma‐Informed Juvenile and Family Courts

Annually, there are millions of children in the U.S. exposed to violence as victims of abuse or other violence, witnesses to intimate partner violence, or witnesses to violence in their neighborhoods. According to the 2011 National Survey of Children Exposed to Violence (NatSCEV), almost three in five children (57.7%) were exposed to at least one type of violence in the past year (Finkelhor, et al., 2015). That means approximately 42 million of the nearly 74 million children in the U.S. (Puzzanchera, et al., 2015) are exposed to violence, crime, and abuse each year. Research has found that exposure to violence leaves children traumatized and can disrupt children's basic cognitive, emotional, and brain functioning that are necessary for development (U.S. Attorney General's National Task Force on Children Exposed to Violence, 2012; MacArthur, 2015). Trauma, if unrecognized and untreated, puts children at significantly greater risk than their peers for a variety of negative outcomes (aggressive, disruptive behaviors; school failure; post-traumatic stress disorder (PTSD); anxiety and depressive disorders; alcohol and drug abuse; risky sexual behavior; delinquency; and repeated victimization) which can persist well beyond childhood, affecting adult health and productivity. Research on brain development over the past 2 decades has shown that the areas of the brain responsible for cognitive processing, and the ability to inhibit impulses and weigh consequences before taking action, are not fully developed until the mid-20s (Bonnie, et al., 2012; MacArthur, 2015). Science reveals that the developing brain, in early childhood and throughout adolescence, is very sensitive to harsh physical and environmental conditions (U.S. Attorney General's National Task Force on Children Exposed to Violence, 2012). Traumatic violence, especially, can delay or derail brain development, leaving even the most resilient and intelligent child with a severely diminished capacity to inhibit strong impulses, to anticipate and evaluate the consequences of risky or socially unacceptable behavior, to delay gratification, and to tolerate disagreement or conflict with others. Such exposure to violence often leads to distrust, hypervigilance, impulsive behavior, addiction, self-protective aggression, isolation, and lack of empathy or concern for others. Thus, the bodies and brains of youth who experience prolonged or repeated violence adapt by becoming focused on survival, which reduces their ability to delay impulses and gratification, to a degree even beyond that of normal adolescents. Most children involved in juvenile and family courts have had exposure to violence and are living with the trauma of that experience (U.S. Attorney General's National Task Force on Children Exposed to Violence, 2012). By the time children come into contact with the justice system, they often have been exposed to multiple types of violence over a course of many years. Children exposed to violence may be in desperate need of help. But often instead of responding to them with interventions that repair the damage done to them by trauma and violence, caregivers, peers, and communities frequently respond with rejection and ostracize these children, pushing them further into negative behaviors (U.S. Attorney General's National Task Force on Children Exposed to Violence, 2012). Often the children grow isolated from and lost to their families, schools, and neighborhoods and end up in multiple unsuccessful out-of-home placements and, ultimately, in correctional institutions. For many children and their families, their day in court can be very stressful, thus exacerbating rather than healing the effects of trauma (MacArthur Foundation, 2015). Nevertheless, courts and judges are uniquely positioned to identify those suffering from traumatic stress and can help create safe and engaging courts and court practices, as well as help coordinate and monitor provisions of effective treatment (National Council of Juvenile and Family Court Judges, 2015). What follows here is the recent resolution passed by the National Council of Juvenile and Family Court Judges regarding trauma-informed juvenile and family courts. The NCJFCJ defines a trauma-informed court as a system in which environments, practices, and policies are designed to reduce unnecessary stress and potential stress reactions in those who have been trauma-exposed (National Council of Juvenile and Family Curt Judges, 2015). Recognizing that most justice-involved youth report exposure to some type of traumatic event, the resolution supports the advancement of a trauma-informed and developmentally appropriate approach to juvenile justice. NCJFCJ's development of its resolutions and policy statements occurs independently from the Juvenile and Family Court Journal editorial decisions regarding what to publish. It is the goal of the Journal to keep the readership informed and up-to-date on important reform efforts. The topic of trauma is also addressed in an article in this issue of the Juvenile and Family Court Journal (Crosby, Vol 67 (1), 2015, p. ??). WHEREAS, a trauma-informed court is a system in which environments, practices, and policies are designed to reduce unnecessary stress and potential stress reactions in those who have been trauma-exposed; and WHEREAS, courts and judges are uniquely positioned to identify those suffering from traumatic stress, help create safe and engaging courts and court practices, and help coordinate and monitor provision of effective treatment; and WHEREAS, the court environment can be a source of toxic stress for both court consumers and court professionals; and WHEREAS, research indicates trauma can have serious negative physiological, psychological, and social impact on human development and functioning over one's lifespan; and WHEREAS, children, parents, and others appearing in court have likely experienced some sort of physical or psychological injury as a result of traumatic experiences; and WHEREAS, recognizing and responding to trauma, comorbid disorders, and subsequent symptomology is fundamentally necessary to ensure appropriate intervention and increase the likelihood injured persons will heal; and WHEREAS, conditions of healing for injured parties include safety, self-determination, and prosocial connections; and WHEREAS, working within the court system can place staff at risk for experiencing vicarious trauma or secondary traumatic stress; and WHEREAS, trauma-informed systems are attentive to how the interplay of practice, policy, and environment affects persons experiencing traumatic stress; and WHEREAS, a public health approach to implementing trauma-informed universal precautions across court environment and practice to limit further harm and promote well-being with injured parties is a promising practice; and WHEREAS, evidence-based treatment for trauma exists; Resolution regarding Trauma-Informed Juvenile and Family Courts Page 2 The NCJFCJ urges juvenile and family courts to be trauma-informed by engaging stakeholders – including children, parents, and other court consumers – to jointly develop and implement universal precautions at an environmental, practice, and policy level that limit stress often associated with system involvement or working within courts. The NCJFCJ urges juvenile and family courts to be trauma-informed by responding to the deleterious effects of trauma and associated conditions through proactive and consistent efforts to reduce potential trauma reminders, ensure safety, nourish self-determination, and promote prosocial connections for both consumers and staff. The NCJFCJ recognizes small changes to practice, policy, or environment such as reducing noise levels, posting clear signage, treating consumers with respect and soliciting their perspective may reduce trauma reminders, promote engagement, and support healing. The NCJFCJ supports integrating into juvenile and family courts applicable trauma-informed principles and practices from tribal courts and systems of care, including hospitals and behavioral health. The NCJFCJ supports robust judicial education on the impact of trauma on development and behavior, traumatic stress symptoms, screening for trauma, evidence-based approaches to treating trauma, and secondary traumatic stress. The NCJFCJ supports the application of trauma science in courts to improve the administration of justice and outcomes for injured children and families. The NCJFCJ will continue to develop and support ongoing efforts to test a conceptual and operational model of trauma-informed courts. The NCJFCJ supports the use of evidence-base screening and treatment for trauma. The NCJFCJ recognizes the critical role of the judge and judicial leadership in developing trauma-informed juvenile and family courts. Adopted by the NCJFCJ Board of Directors during their meeting July 25, 2015 in Austin, Texas.