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Where am I now? Lawlink > Youth Drug and Alcohol Court > Policy and Programs
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Policy and Programs
Benefits - why get involved?
How to get involved
Legal eligibility - who can get involved?
Program plan - what is involved for participants?
Youth Drug and Alcohol Court Team
Joint Assessment and Review Team (JART)
Benefits - why get involved?
The Youth Drug and Alcohol Court (YDAC) program can help young people who have been charged with an offence overcome their drug or alcohol problem. At the end of the program the young person will be sentenced, with the Court taking their participation in the program into account.
"This court helped me get my life back"...read more>>
How to get involved
Young people should ask their solicitor if they are eligible for the YDAC program or phone the YDAC Legal Aid Solicitor (0418 663 574).
Program participation can be stopped if the young person continues drug and alcohol use or commits other offences. If the young person does not comply with the program, they are warned and the program may be altered or the young person may return to Court to face their initial charges. A young person who does not complete their YDAC program will not face a higher penalty.
Practice Direction 27 for the Youth Drug and Alcohol Court, more>>
Legal eligibility - who can get involved?
Young offenders at the Children's Court can be referred to the Youth Drug and Alcohol Court if they:
- plead guilty
- are charged with an offence the Children's Court can deal with
- have a serious drug or alcohol problem
- lives, or identifies with, the program catchment area
- are not eligible for a Young Offenders Act caution or youth justice conference
- are suitable for treatment and rehabilitation; and
- agree to participate in the YDAC program while on bail.
At their first appearance before the Youth Drug and Alcohol Court, the YDAC Magistrate determines the young person’s legal eligibility to participate. The YDAC Magistrate has, at this point, a discretion to exclude a legally eligible young person because a caution or Youth Justice Conference is more appropriate; or because the young person’s offence or history of offending is so severe that the young person would be sentenced to a control order even if he or she successfully completed a YDAC program.
Each young person who is legally eligible and acceptable to the YDAC has their matter adjourned for 14 days, while they undergo an in-depth, holistic assessment of their needs. These assessments are conducted by the Joint Assessment and Review Team (JART) to determine the young person's clinical suitability to enter and participate on the YDAC Program.
Program plan - what is involved for participants?
These assessments result in the formulation of a potential program plan. The program plan details the activities, responsibilities and interventions proposed.
A program plan typically includes components which require the young person to:
- reside as directed (maybe at an accommodation or residential rehabilitation service),
- accept supervision by the Department of Juvenile Justice,
- accept case management support from a YDAC Case Manager,
- participate in individual, group and/or family counselling,
- participate in educational or vocational assessments and programs,
- participate in health related assessments or intervention,
- participate in recreational/leisure programs,
- submit to random urinalysis,
- attend the YDAC for Report Back sessions as directed
If a suitable program plan cannot be developed for a young person (for example, because the young person suffers from a severe mental illness or intellectual disability) they may not be suitable for program participation.
Joint Assessment And Review Team (JART)
The YDAC team is supported by a Joint Assessment and Review Team (JART), which is comprised of representatives of the Departments of Health, Community Services, Education and Juvenile Justice.
In addition to being responsible for the provision of assessments to the Court of young people referred to the YDAC, JART also retains the responsibility to direct the nature and frequency of intervention undertaken and performs a monitoring and review role in regard to the young person’s overall program participation.
Youth Drug and Alcohol Court Team
The meshing of judicial and treatment approaches is most clearly demonstrated in the operation of the Youth Drug and Alcohol Court Team. The Court Team comprises the sitting Children's Magistrate, Police Prosecutor, Legal Aid Solicitor, YDAC Registrar and a representative of the Joint Assessment and Review Team (JART).
Of particular significance is the young people's personal interaction with members of the Court Team. The deliberate degree of informality and open discussion at Report Back sessions promotes the young person's rapport with members of the Court Team, most notably with the Magistrate and Prosecutor. It encourages the young person to assume responsibility for their actions and to actively contribute to the ongoing development of, and adherence to, their program plan.
The YDAC team members dress informally, use first names and get to know the young person well - the average number of attendance at court is 17 times over an average of 8 months on the program, and most young people meet with the team every fortnight.
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