Department Of Youth Services

Line Item	Description	FY01	FY02	FY03	FY04	FY05	H1 for FY06
4200-0200	Residential: Detained	14,474,980	17,412,296	18,623,370	18,083,924	18,907,464	19,642,0222
4200-0300	Residential: Committed	79,115,860	80,887,860	81,121,601	81,253,668	86,305,310	98,864,256

The above data is from the DYS website's[1] Youth Services Budget.

The Department of Youth Services (DYS) is the juvenile justice agency of Massachusetts. DYS is responsible for juveniles placed in DYS custody by court order, including those ages 7-17 charged with an offense or in pre-trial detention prior to adjudication, plus those up to age 21 who have been committed by the Juvenile Court to remain in DYS custody. Each year in Massachusetts, approximately 18,000-20,000 juveniles are arraigned in court as delinquents charged with breaking the law. Of these, about 5,500 youths are detained in secure DYS facilities while awaiting the outcome of their trials. Over the past ten years, the DYS numbers have been rising. Youth of color are over-represented at every stage in the juvenile justice system. Increasingly, youth placed in DYS custody suffer from mental health problems.

DYS is located within the Executive Office of Health and Human Services (EOHHS). The agency is responsible for addressing the educational, psychological, and health needs-including substance abuse treatment-of youth in its custody. In order to facilitate the youths' gradual reintegration into the community while meeting the security needs of the public, DYS provides a continuum of care, including:

·       A range of residential placements-from highly secure locked units to residential group homes, supported independent living programs, foster homes, or at home with the youth's family of origin; and

·       Community programs-such as day reporting centers and delinquency prevention programs.

In addition to operating its own facilities and programs, DYS contracts with nonprofit provider agencies and works collaboratively with other government and private agencies-including the schools, law enforcement, and community and family resources-to meet youths' needs. In total, DYS funds 102 programs for youth, including 64 facilities and 38 programs in the community.

FY05 OVERVIEW

A "Criminalization of Mental Illness"

When youths are in detention, DYS is responsible for their assessment and the provision of residential, educational, psychological and medical services. While DYS has seen small funding increases between FY01-FY04 and a moderate increase in FY05, the system remains seriously under-funded in its efforts to address the mental health, educational, and community re-integration needs of its clients. Mary Sylva, DYS Chief of Staff, and Jan Manfredi, of the Commonwealth Corporation's Center for Youth Development and Education, both report that significant gaps in workforce parity continue, affecting staff credentialing, recruitment and retention. From FY01-FY04, agency staffing decreased by 53 full time employees (6% of the total DYS workforce)-even as client numbers grew in all major categories of service.

Large numbers of youths in DYS custody have serious psychiatric disorders, including depression and psychosis. There is a consensus that this is a critical problem, reflecting what some are labeling a "criminalization of mental illness." In 2002, DYS estimated that 15% of involved youth took anti-psychotic medications. In 2004, researchers at the Center for Mental Health Services concluded that 60-70% of youth in DYS facilities had clinically significant symptoms of mental disturbance. Nationwide, it is estimated that among youths in the custody of state juvenile justice agencies, 50-75% have serious mental illness.[2]

Under-funding of other systems-particularly the Departments of Social Services (DSS) and Mental Health (DMH)-shifts the burden to DYS, often turning DYS into what Citizens for Juvenile Justice (CfJJ) describes as a "placement of last resort." In some cases, advocates report that youth actually enter the juvenile justice system in order to access otherwise unavailable mental health services.

On a related note, there is great concern over the efficacy of CHINS (Child In Need of Services) petitions. Over 50% of youth placed by the courts in the custody of DSS through CHINS petitions are arraigned in juvenile or adult criminal court within 3 years. Barbara Talkov of the Children's League of Massachusetts writes that CHINS fails to provide the services these youth need since many of these youths eventually get placed in DYS custody. In the view of the Parent Professional Advocacy League (PAL), many of these youths have mental health diagnoses.

Many youths are entering DYS custody with initial minor legal infractions. Advocates state that many of these young people could have their needs better met either by remaining in the community or through other systems, were appropriate services available. These advocates stress the devastating impact the experience of detention-with separation from school, family and community-has on these youth.

Prioritizing Resources for Mental Health Services

By all accounts, DYS is not currently equipped to provide the thorough mental health assessment and services that youths in its custody require. In 2004, there were two suicides in DYS programs, and there have been 96 serious suicide attempts by teens in DYS lock-ups between March 2002-March 2004. These incidents have brought an acute focus to the problem of mental health.

Addressing the mental health needs of youth in the custody of DYS through a significant increase in resources and systemic change has been identified as a major priority by both DYS and advocates. Most recently, a Suicide Prevention Task Force has been convened to examine the state's residential programs for children.

Prioritizing Resources for Special Education Services

DYS has implemented systemic initiatives in recent years to improve education and community-based services, but these initiatives remain seriously under-funded, undermining the Department's ability to provide services essential for success.

Inadequate educational programs at DYS have become another barrier to the rehabilitation of these youth, according to many advocates, including the Mental Health Legal Advisors Committee. Approximately 40% of DYS students have Special Education plans, but Manfredi states that with more effective testing the number of students who would qualify for special education services is in the 80% range.

Learning disabilities that are not effectively addressed within school systems evolve into a pivotal issue for many of these youths, ultimately underlying much of their behavior. Peter Leone[3], citing several juvenile justice studies, concludes that youths with cognitive or emotional disabilities are more likely to do poorly and drop out of school, more likely to be arrested, and-once arrested-more likely to be adjudicated as delinquent and placed in custodial facilities that lack services to meet their needs.

Additional Loss of Federal Funds a Concern

Over the past three years there also has been a loss of federal funding for crucial services, including Youth Diversion Programs. These programs provide services to assist young people who are determined to be at risk of DYS involvement. Federal funding for these services was reduced from $4.16 million in 2002 to $2.62 million in 2004. There are indications that federal funding for these programs may be eliminated altogether in FY06.

H1 FOR FY06 OVERVIEW

The administration's recommendations for DYS funding in FY06 are mixed. Little would be likely to change for programs serving detained youths (line item 4200-0200), proposed for a modest increase. Positive news, however, is the recommendation for a substantial increase in funding for programs serving committed youths (line item 4200-0300), including an earmark for suicide prevention. The proposal is seen as a solid step toward addressing the growing mental health needs of the DYS population.

Line Item Analysis

Account:      Residential Services for the Detained Population

Line Item:   4200-0200

The Residential Services for the Detained Population account funds services for youths who have been charged with an offense and are awaiting the outcome of their case. Services-provided through a DYS detention unit and provider contract detention units-range from locked facilities to staff secure units. This account also funds the educational, clinical, and medical services that DYS is responsible for providing to detained youth. Depending on the acuteness of need and a youth's eligibility for other service systems, the Departments of Education (DOE) or Mental Health (DMH) or MassHealth may provide portions of this care.

In 2004, 5,190 youth were admitted to detention. This number is 6.7% below the previous year, but 3.3% above the average over the previous 5 years, so the one-year decrease does not yet indicate a trend, according to Rob Tansi, DYS Research Analyst. Since 1994, there has been a 29% increase in the number of detained youth. Advocates often describe detention as a "holding tank," yet, as Jan Manfredi of the Commonwealth Corporation's Center for Youth Development and Education points out, were resources to increase significantly, valuable assessment and other quality interventions could be occurring for detained youth at this time.

Line Item	Description	FY01	FY02	FY03	FY04	FY05	H1 for FY06
4200-0200	Residential: Detained	14,474,980	17,412,296	18,623,370	18,083,924	18,907,464	19,642,0222

FY01-FY05 Impact

FY05 final appropriated funding of $18,907,464 is an increase of $4,297,502 (29.4%) over the FY01 allocation and $123,540 (.6%) over the FY04 allocation. FY05 projected spending, which includes an anticipated supplement, would increase this line item by $130,985 (.7%) over the FY04 allocation.

In FY05, despite funding which does not keep up with inflation, DYS reports that it is able to maintain basic service levels in this line item. However, it is important to place funding increases to this account in the context of increasing detention admissions of 61% between 1993-2003 (or of 21% between 1994-2004). Large service gaps remain untouched.

FY06 Needs

For FY06, this account needs funding increases commensurate with growing populations and their increased level of need. Inadequacies in mental health and educational services apply to the needs of youth in detention.

H1 for FY06 Recommendations

H1 recommends $19,642,022 for this account-a $734,558 (3.8%) increase over the FY05 final appropriation and a $603,573 (3.2%) increase over FY05 projected spending (based on the anticipated FY05 supplemental budget).

Account:      Residential Services for the Committed Population 

Line Item:   4200-0300

The Residential Services for the Committed Population account funds secure residential placement for youths committed to DYS by the courts. These programs-services operated by DYS or contracted through private providers-include initial assessment placement; secure treatment, including locked-secure and staff-secure; and group homes. DYS is also responsible for providing educational/vocational, clinical, and medical services to these youths. Depending on the acuteness of need and a youth's eligibility for other service systems, the Departments of Education (DOE) or Mental Health (DMH) or MassHealth may provide portions of this care.

As of January 1, 2004, 38% of youths committed to DYS were placed in residential programs for periods ranging from 3 months to several years. The DYS system has the capacity for 566 beds in locked facilities and 413 beds in staff secure facilities. The Department also places youth in non-contracted group homes and foster homes.

Within this line item is a special program called the Safety Initiative. It supports the upgrading of clinical mental health positions for staff who are close to completing Masters level credentialing and for new hires who will replace formerly unlicensed staff. It is also working to increase the number of clinical staff for client intakes, particularly in the Boston area.

Line Item	Description	FY01	FY02	FY03	FY04	FY05	H1 for FY06
4200-0300	Residential: Committed	79,115,860	80,887,860	81,121,601	81,253,668	86,305,310	98,864,256

FY01-FY05 Impact

In FY05, the appropriated amount for this account is an increase of $3,851,642 (4.6%) over the FY04 funding level and an increase of $7.4 million (9.3%) over the FY01-FY05 period. However, FY05 projected spending for this account-which includes an anticipated FY05 supplement of $2.5 million that DYS says will go primarily into this account-should increase by $6,559,517 (7.9%) over FY04 and by 12.7% from FY01-FY05.

The Safety Initiative was new in FY05. The funding is critical for expanding youths' access to quality mental health services.

FY06 Needs

For FY06, DYS has established the need for substantial increases to address gaps in mental health and education services (see the introduction to this chapter for more information on this issue). The agency has outlined an initiative that includes: adding intake staff; upgrading all clinical positions by replacing any current staff with appropriately licensed clinicians; increasing the number of staff for suicide watch on-call teams; and adding a new training program for suicide prevention and medication administration. An estimated $2 million is needed to update the 5-year-old Medical Service Contracts, including the addition of psychiatric consults.

A joint letter by DOE Commissioner Driscoll and DYS Commissioner Bolden requested an initial additional expenditure in FY06 of $2,550,000 for education within DYS. It would be the first phase of working toward per pupil funding parity to bring DYS equivalent with the adjusted (eliminating non-DYS related costs) Boston Public School expenditure of $6,896 per student. Driscoll and Bolden have stated that both agencies recognize the importance of achieving funding parity at DYS with the educational services provided to students in other settings.

Additionally, Parents for Reform, a project of the Federation for Children with Special Needs, states that family support and access to information from sources other than the system itself-peers, parents, etc.-will help to enhance relationships and build bridges to better outcomes for youths, including more successful transitions into the community, plus less re-entry into the system. Because parental involvement is critical to any successful program, adequate funding to support parent initiatives is absolutely needed.

H1 for FY06 Recommendations

H1 proposes $98,864,256 for this line item-a $12,558,946 (14.5%) increase over FY05 currently appropriated dollars, or a $9,851,071 (11%) increase over the FY05 projected spending (including an anticipated FY05 supplemental budget). An earmark targets $9.3 million of this money towards the suicide prevention initiative. DYS and advocates support the recommendation as a major step towards improving mental health services at the agency.