Since it's founding in 1997, the CYC-Net discussion group has been asked thousands of questions. These questions often generate many replies from people in all spheres of the Child and Youth Care profession and contain personal experiences, viewpoints, as well as recommended resources.
Below are some of the threads of discussions on varying Child and Youth Care related topics.
Questions and Responses have been reproduced verbatim.
Listen to thisI was wondering if people could express their views or experiences on the
subject of Child and Youth Care Workers laying charges against residents.
Lately at the facility where I work there have been some assault charges
laid by staff against a resident, for verbal threats as well as physical
assault (kicking, throwing things, punching). I struggle with this but can
also see the need at times. In other cases I wonder if it has become a power
struggle.
I struggle with the fact that the youth is acting out and his behavior may
not be fully understood. (These charges are not being made by the facility
only by the worker.) Most of these situations arise after he has been
physically restrained and when released he lashes out. Sometimes later when
he is upset he will tell them he should have hit them harder. This seems to
make the staff member angry and then they lay an assault charge.
The resident is doing community service for one of these charges and others
are still in the court system for a month or so.
...
The problem is that the charge should be/or not supported by the facility.
This then removes the personal decision that breeds problems with
relationships. Work with the police to make the final decision with regards
to a charge .... and the victim is reporting the information to the police.
Jeff Walker
...
Currently, I am working in a residential setting with adolescents who have a
psychiatric diagnosis. Many of the youth who have been in the home have been
charged with various acts of violence including property damage, assault,
assault with a weapon, arson, etc. The charges underscore the message that
anger is to be displayed appropriately and that violence directed at objects
or people is unacceptable. As such, the message given is consistent with one
of the underlying beliefs in Child and Youth Care ~ feelings are acceptable ~ how they are
displayed and/or expressed may not be. Behaviour management techniques are
often used to shape undesirable behaviours into those that are acceptable.
Trudy Owen
...
I work in a facility where possible assaults are daily. However the staff as
well as the facility believe in natural consequences. I believe that this is
appropriate. If youth are permitted to lash out and the behavior is excused,
what are we teaching them? Of course the courts will excuse assaults which
are generated from persons whom do not understand the consequences to their
behavior which takes the onus off of us. I believe these natural
consequences are a good deterrent.
Dale Walters
...
I personally do not agree with laying charges in most situations.... we are
workers, and a part of our job is dealing with the kids that no one else
wants to deal with. However, there are some instances where charges must be
laid in order to protect the safety of all staff, clients and/or residents.
It is also important to fully examine the reasons why the charges are being
laid and whether or not this will serve the BEST INTERESTS OF THE CLIENT
while ensuring the safety of all those involved.
Squeegee kid smashed pumpkin
...
Briefly, I believe that when we choose to work with any group of people who
have been marginalized, there are risks. Most people that find themselves in
group homes or similar institutions have been deeply wounded in their lives,
often by people who should have loved them. I would not lay charges as this
will only heap more hurt to a persons life. Some consequence might be in
order but must not further wound a vulnerable person. We live in a society
which is out for blood and whose first response to challenging behavior is
to seek revenge. Good Luck and thanks for bringing forward such an
interesting and challenging situation.
Catherine Fewster
...
I almost totally disagree with what most people have said. I work in an
emergency receiving home with kids from age 12-18. We tell the kids right up
front that there is no physical contact permitted with both the staff and
residents. We also do not touch the kids – no restraining. The kids are told
up front that if they assault staff they will be charged. What are we
teaching kids if we don't charge them – that they can go out into society
and its ok to put their hands on someone?? I think its important that they
realize that society has laws and rules of conduct – We as staff will never
raise our hands to them and we expect the same in return. And what is
everyone writing about when they say we should expect certain behaviour – give me a break – what I expect is to be treated with the same amount of
respect as I give out. I have never had a resident lay a hand on me and I
don't expect it to happen.
Denise Wells
...
In Canada, at least, a person usually has a legal choice as to whether or
not they lay charges, as long as there are grounds. We each have the right
to make that choice for ourselves, but not for others. I have been fortunate
to have always had the support of my colleagues and supervisors when I have
had to make this choice, and I hope that I will always provide the same
support when my co-workers are in the same situation.
Heather Ramey
...
I think rules are made for a reason and they should be clear and concise and
if broken there are consequences.
Patty Marr
...
What is the purpose of bringing charges against a youth who assaults another
youth or staff?
1. To continue the documentation process of the problem behavior as well as
the degree and circumstance of the behavior.
2. To hold the youth accountable for their behavior.
3. To provide the victim a means for seeking justice, (there is a victim
impact in each case which must not be minimized).
4. To let other youth know that such behaviors will not be tolerated and
will be met with an appropriate sanction. Yes I realize that this has
limited impact but it does help maintain the integrity of the community.
So, what is this accountability? For many, accountability is requiring the
offender to own their behavior and accepting the consequences. This limited
view is based on the punitive and retrobutive form of justice. It does not
recognize the the need to make amends to the victim and be restored back
into the community. So to focus on the behavior and the charges as well as
the consequences is only half of the process. Yes these are necessary but
should not be looked at as an end but as a part of the process. Youth Care
Workers need to be able to go through the process with youth. I have done
this on numerous occasions with offenders. This can be a very meaningful
process with the youth offender and victim being reconciled and the
community being able to support all parties. Creating a community of
character based in restorative values present in being accountable including
forgiveness and amends is what Youth Care Workers are about.
Larry James
...
So this kid arrives at our program through the police courts and we say to
him – you do something bad and we charge you with a crime! Isn't that
what everybody said to him before and what happened to him before. What am I
missing in this conversation? What does the agency or we youth workers do
different? What are we contributing?? – why not just leave him where he is
and people out there will do the same: "You do something bad and we charge
you with a crime."
Michael Tracey
...
It seems to me that by the time our clients arrive at our door, there are
few who benefit by being sheltered from the consequences of their actions.
It should be made clear to the youth upon intake that we do not protect them
from the law.
One of the biggest barriers to feeling okay with a youth in the justice
system is that we feel that nothing good happens. There is a lack of
confidence in any rehabilitative benefit. The best we can ever hope for is
that they do not want to return. Deterrence, particularly when as far
removed as a young offenders facility, has little impact in the moment.
The other side of the coin is that we need to make very sure that this is
prosecution not persecution. There are times when we have very strong
feelings about the act that has been committed. If our goal is punishment,
then there is truly a problem. We must keep in mind that we may see this
youth again and will hopefully have another opportunity to work with them
(granted, there are some we never want to see again), and this can truly be
a opportunity for growth. It is important that we are supportive. In most
cases we have real regret and it would seem appropriate to express that.
The protection of the other residents and the ability to provide them with a
safe nurturing environment would seem to be the ultimate consideration. No
one should have to be afraid to live in our home and they need to be able to
trust that we will protect them where so many before us have not.
Chris Maxwell
...
After reading some of the replies to the question of whether staff members
should file criminal charges on their own residents, all I can say is: And
before this, I thought Texans had a tougher attitude toward outlaws than
most people do!
David Thomas
...
I have been reading the many responses to laying charges against residents.
Hoorah, for the many of you that agree that our youth should be held
accountable! I recently had a conversation with a Youth Legal Aid lawyer, he
stated that laying charges for destruction of property, assault, and
uttering threats etc within the group home or shelter setting was
ridiculous. He further stated that it ties up our courts and is a waste of
time, they're just kids and would you do it if the kid were your own. Well,
first of all if the youth was mine odds are I probably wouldn't have this
issue. Anyway, needless to say I was appalled at his statement. He said
youth workers are there to help these kids, not charge them. However, I
believe that yes, youth workers are there to be supports to our youth in
need. We are there to teach the youth about responsibility, respect and
understanding about and for themselves and others. About what is right and
what is wrong. That includes teaching values and morals which incorporates
learning about our laws, why we have them, being responsible for following
them and what happens when we don't. Isn't this a part of learning life
skills which is also a part of our job description? Isn't that the standard
that all individuals are expected to abide by, whether one is disabled,
disturbed or abused emotionally, mentally or physically?
I think that the question that should be posed is are our youth being
consequenced by our justice system in an effective and appropriate manner? I
recall taking a youth to court to have the individual's community hours
being extended for the third time because the deadline was up, again, and
the youth had not followed through and at the same time was accumulating
other charges. The judge gave the youth another extension. So was the youth
really being held accountable by our justice system? And because our justice
system is falling short does this mean we just shouldn't bother (which is
the impression I'm getting from others in the field). I say, ABSOLUTELY NOT!
What would we be telling our youth? The reality is there are consequences
for every wrong doing, period, without exception.
Rebecca Dunn
...
I have been reading the many responses to the question of whether or not
charges should be laid against residents. While I believe that it is a Youth
Worker's responsibility to support the development of the young people in
care, I also firmly believe that it is our responsibility to hold youth
accountable for their actions. What message are we sending to young people
if we do not respond to crimes such as destruction of property or assault?
In my opinion, such a response only reinforces the young person's belief in
the "normalcy of violence" (an environment that may unfortunately be all to
familiar to the young person). I am not saying that we charge young people
for every little thing. As youth care workers, we should expect that the
young person will exhibit particular inappropriate behaviors due to many
factors. While this is true, there is a fine line between creating an
environment that addresses the needs of excluded youth and one that states
that violence is acceptable behavior.
Michael Walsh
...
I agree strongly with Michael on this issue. The appearance of acceptance of
violent behavior should not be tolerated.
...
Staff and other youth within our programs also need to
feel accepted and safe, as well as the youth in question. Of course we
should not 'charge' youth for every little thing that they do. However, in
situations were a young person clearly acts to do harm to another charges
should be pursued. This sends a clear message to the young person that there
are real life consequences associated with such dangerous behaviors. Also,
the youth must learn that choosing to continue this type of behavior can be
met with incrementally more strict reactions from the law enforcement
community.
Jeff Glass
...
I have been reading all the responses to charging youth for assault and
while I concur with most if not all of you, I believe discretion still needs
to be used in order to help youth at risk get beyond the behavior.
Consequences are a natural part of the learning process and without
consequences will we ever learn? Where does learning stop and punishment
begin?
Recently I had the opportunity to be told by a youth that I was a no good
son of a b***h and a f'n ass***e repeatedly over a 2-3 hour stint. All the
time I was encouraging the youth to make positive choices and treat others
with respect. I believe the youth learned more by me standing up for myself
and not backing down to the threats and attacks on my self worth then she
would have learned from me if I had excusing her from the program (the
consequences she had hoped to get).
Sometimes I believe youths need to see that people can rise above threats
and the like but not to the point where the person becomes a punching bag.
Following up to the youth can help to show them that it is not them you
dislike but the behavior they are exhibiting.
Dale Walters
_______
The thread was revived two months later ...
I know this is an old thread, but I wanted to say a few things. I have a
real problem with laying criminal charges against a youth who acts out while
in a group home. We are workers have to realize that some of this behaviour,
while clearly NOT acceptable, is part of hte course of these kids process. I
agree there should be consequences. But the criminal justice system is not
geared toward disciplining kids or giving them the skills, values, or
awareness needed to transform their behaviour. It is geared toward punishing
them. There has to be a better way of handling the situation than this.
Tania
...
I agree Tania, I have kept fairly quiet about this as I have little time to respond to email messages due to working directly front line.
What people need to keep in mind is that the counselling and alternatives
need to begin at an early age. When a child is much older, (chargeable 12yrs
in Canada) they should know how their behaviour will affect others and must
be held accountable. This can be done in a therapuetic and supportive way.
There is nothing magical about a when a child turns twelve other than that
they become chargeable under Y.O.A. and there is nothing magical when they
turn 18 and become an adult and are no longer a young offender.
Developmentally and socially they may not be at these points however
sometimes reality can make you grow up very fast. I also speak from
experience.
Ron Moore
...
It sounds like you are frustrated but you should also take into
consideration what this profession entails, it's about keeping people safe.
It it means that one person who is clearly emotionally and mentally
unstable, is behind bars then a neighbourhood of people will sleep at night.
Tania, I know it's can be upsetting at times but that is the reality of the
situation, human beings are getting crazier every day. You have to remember
a victim is anyone, so a lot of people are effected and take the situation
seriously. then the safest answer sometimes is to give the person a time
out. and sometimes that means that the person who broke the law would have
to pay.
Jess
...
The resident still needs the clear message that staff and their families are
not punching bags and this is not acceptable behavior. I would be glad to
hear any ideas that you would put forth if you were assaulted by a youth.
Neil
...
As a supervisor of a residential treatment center working with adjudicated
youth I wish to take a different view of how juvenile corrections operates.
We have been a "Balanced Approach" program for almost 5 years. The "Balanced Approach to Juvenile Corrections" has been the national model for about 3 years. For those who do not know what the "Balance Approach" is: When dealing with youth in the juvenile justice setting the following three aspects must be addressed.
1. Community and individual safety. Both the community and individuals,
including the offender have a right to be safe.
2. Accountability, youth must be held accountable and provided the means by
which they may make amends and be restored back into the community in a
timely manner, Restorative Justice as opposed to punitive or retributive
justice.
And 3. Competency Development, what skills does the youth need to live safe,
legal and responsible in the community. Juvenile justice and corrections is
closer now than ever before to help guide, direct and change some of the
attitudes of those who take a more punitive approach in the community.
So the answer for me is yes you do hold youth accountable to the point of
charging them with new crimes if that is what it takes for them to realized
that their behavior will impact their relationship with the community. And
yes we as the community need to forgive, restore and teach those youth how
to be a part of the community. This is the heart of the program I supervise,
and it works.
Larry James
...
I know that many of us have been adding to this subject, so I will keep my
reply brief. I have personally been involved in an assault by a resident
very recently, and although I struggled with what to do (ie. to charge or
not to), I came to the decision to proceed with criminal charges. Why? I
tried using conflict resolution, therapeutic discussions, etc, but in the
end the resident refused to acknowledge any responsiblity. I also believe
that in this case, based on the history of the resident, that this was the
most appropriate decision to make. I believe that as long as we review the
history of the resident and the context of the assaultive behavior, we can,
as professionals, make educated decisions on a case by case basis.
Mark MacMillan
