Lessons Learned from Developing a Trauma Consultation Protocol for Juvenile and Family Courts

• Author: Alicia DeVault,Shawn C. Marsh,J. Guillermo Villalobos,Alicia Summers
• DOI: http://doi.org/10.1111/jfcj.12059
• Date: 01 September 2016
• Published date: 01 September 2016

Lessons Learned from Developing a Trauma

Consultation Protocol for Juvenile and Family

Courts

By Shawn C. Marsh, Alicia Summers, Alicia DeVault, and J. Guillermo Villalobos

ABSTRACT

Juvenile and family courts hold a unique position among the many stakeholders

that comprise a healing community for persons experiencing adversity or trauma.

Specifically, judges and other court leaders can promote the implementation of

screening for trauma, the alignment of appropriate and effective treatment for

trauma when indicated, and the accountability of systems for coordination and sup-

port of such services. To that end, the National Council of Juvenile and Family Court

Judges undertook a field-based project —consisting of multiple semi-structured

court surveys —to elucidate the key features of a trauma-informed court and how to

assist courts in becoming more trauma-responsive for both consumers and staff.

With the assistance of courts in 11 pilot sites across the nation, the project has led to

Shawn C. Marsh, Ph.D., is the Director of Judicial Studies and Associate Professor of Communica-

tion Studies and Social Psychology at the University of Nevada - Reno. He holds research and teaching inter-

ests in the areas of psychology and the law, adolescent development, trauma and resiliency, and juvenile

justice. shawnm@unr.edu

Alicia Summers, Ph.D., is the Program Director of Research and Evaluation at the National Coun-

cil of Juvenile and Family Court Judges. Her research interests focus on the intersections of psychology and

law, trauma, child abuse and neglect, and improving the quality of court hearings. asummers@ncjfcj.org

Alicia DeVault is a graduate student in the Interdisciplinary Social Psychology Program at the

University of Nevada, Reno. She is also a Research Assistant at the National Council of Juvenile and Family

Court Judges. adevault@ncjfcj.org

J. Guillermo Villalobos, M.A., is a doctoral candidate in the Interdisciplinary Social Psychology

Program at the University of Nevada, Reno. He is also a Research Assistant at the Grant Sawyer Center for

Justice Studies at the University of Nevada - Reno. villalobosjg@gmail.com

This work would not have been possible without the contributions of numerous NCJFCJ staff; Carly B.

Dierkhising, Ph.D., from California State University, Los Angeles; Kelly B. Decker, Ph.D., from the National Center

for Child Traumatic Stress; consultant John Rosiak, M.A., Principal of Rosiak Associates, LLC; and courts in Califor-

nia, Texas, Arizona, Georgia, Washington, Nevada, Wisconsin, Pennsylvania, Florida, and Kentucky that granted

access to pilot and refine this work.

This project was supported by cooperative agreement number 2012-MU-MU-K001 with the Office

of Juvenile Justice and Delinquency Prevention (OJJDP). Points of view or opinions on this project are those

of the developers/authors and do not represent the official position or policies of the United States Depart-

ment of Justice, the NCJFCJ, or the University of Nevada - Reno.

Juvenile and Family Court Journal 67, No. 3

©2016 National Council of Juvenile and Family Court Judges

5

the development of a protocol called trauma consultation or trauma audit, which is out-

lined here. Our work in developing the consultation protocol highlighted the need

to better understand (1) the prevalence and impact of secondary traumatic stress in

court staff, (2) the potential for environment to contribute to traumatic stress reac-

tions, and (3) the importance of consistent trauma screenings and subsequent use of

findings. Practical suggestions for courts to become more trauma-informed are also

provided.

Key words: trauma, courts, juvenile, family, consultation.

According to the U.S. Department of Health and Human Services (2013), more

than three million children were reported to authorities for abuse or neglect in 2012,

including approximately two million who received a response by child protective ser-

vices. Further, the U.S. Bureau of Justice Assistance (2014) reported that in 2013, U.S.

residents age 12 or older experienced an estimated 6.1 million violent victimizations,

such as physical abuse, psychological maltreatment, or sexual abuse. These experiences

are often classified as Potentially Traumatic Events (PTE), insomuch as the event

involves an actual or perceived threat of death or serious injury to oneself or others (Cost-

ello et al., 2002). Furthermore, youths exposed to one or more PTEs tend to have an

increased likelihood of developing psychiatric symptoms and ailments (e.g., posttrau-

matic stress disorder, depressive disorders) by early adulthood, compared to their peers

who have not had PTE exposure (Copeland et al., 2007).

Although it is not clear how many of these victims came in direct contact with

juvenile and family courts, there is evidence to suggest that a substantial portion experi-

ence at least some contact with the justice system as a result of the victimization event(s).

Indeed, given that stress derived from trauma exposure tends to significantly impair

emotion regulation and executive functioning at the neurological level (McEwen, 2005),

children who have experienced trauma are at a heightened risk of committing delinquent

and/or violent acts (Bruce & Waelde, 2008). Further, evidence suggests that many per-

sons who come in formal contact with the courts, for reasons other than being victim-

ized, are likely to have histories of substantial adversity or trauma (Baglivio et al.,

2014). For example, a study by Abram et al. (2004) found that over 90% of youths

incarcerated in a sample of detention centers in Cook County, Illinois have a history of

experiencing trauma, and that approximately 11% demonstrated symptoms consistent

with a diagnosis of posttraumatic stress disorder. Researchers continue to document the

alarmingly high rates of adverse and traumatic experiences (e.g., death of a close one,

physical or sexual abuse, neglect, disaster, extreme poverty) reported by juvenile offend-

ers (e.g., Dierkhising et al., 2013; Kerig, Ford & Olafson, 2014).

Across the many stakeholders interested in preventing trauma and effectively help-

ing those with trauma histories, courts are uniquely positioned to promote healing. To

accomplish this mission courts must be trauma-informed. That is, courts must (1)

understand and recognize the impact of trauma on a person’s well-being, and (2) pro-

mote an organizational culture that takes into account structural and environmental

conditions as crucial components in the healing process of trauma victims (Harris & Fal-

lot, 2001). Indeed, efforts have been and continue to be made to educate judges and

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