(1) Before July 1, 2021, the state court administrator, in consultation with judges, the judicial branch, district attorneys, defense counsel, the delivery of the child welfare services task force created in section 26-5105.8, and other interested parties shall establish statewide standards for juvenile probation supervision and services that are aligned with research-based practices and based on the juvenile's risk of reoffending as determined by a validated risk and needs assessment tool adopted pursuant to section 24-33.5-2402. The state court administrator shall at least annually provide training to juvenile probation on the adoption and implementation of these standards. Juvenile standards must include, but need not be limited to:
Guidelines to support juvenile probation in adopting the most effective staffing andworkloads in order to allocate probation resources most appropriately;
Standards for minimum case contacts, including contacts with juveniles as well astheir family members;
(I) Common elements for written individualized case plans for each juvenile placedunder the supervision of a probation officer. In developing such a case plan, juvenile probation shall use, but need not be limited to:
The results of a validated risk and needs assessment;
The results of a validated mental health screening, and full assessment if conducted;
The trauma, if any, experienced by the juvenile;
The education level of the juvenile and any intellectual and developmental
disability;
The seriousness of the offense committed by the juvenile; and
Any relevant information provided by the family of the juvenile, including the prosocial interests of the juvenile.
(II) A case plan developed pursuant to this section must:
Address the risks the juvenile presents and the juvenile's service needs based on theresults of the validated risk and needs assessment, including specific treatment goals;
Specify the level of supervision and intensity of services that the juvenile shall receive;
Provide referrals to treatment providers that may address the juvenile's risks andneeds;
Be developed in consultation with the juvenile and the juvenile's family or guardian;
Specify the responsibilities of each person or agency involved with the juvenile; and
Provide for the full reentry of the juvenile into the community;
(d) (I) Criteria and policies for the early termination of juveniles under the supervision of juvenile probation.
(II) Juvenile probation and the juvenile court shall consider the following factors, among others, in determining the early termination of supervision:
The seriousness of the offense committed by the juvenile resulting in placementunder the supervision of a probation officer;
The results of a validated risk and needs assessment, which shall be conducted atleast every six months to determine whether the juvenile's risk of reoffending or risk scores in key domains have been reduced;
The juvenile's progress in meeting the goals of the juvenile's individualized caseplan; and
The juvenile's offense history, if any, during the juvenile's probation term.
(e) Common criteria for when juvenile probation officers may recommend the use of out-of-home placements and commitment to the division of youth services. The court shall consider the results of a validated risk and needs assessment, a validated mental health screening, and, if applicable, a full mental health assessment conducted pursuant to section 2433.5-2402 to make decisions concerning the placement of the juvenile.
Source: L. 2019: Entire section added, (SB 19-108), ch. 294, p. 2725, § 19, effective July 1.