Problem-solving Courts Research Articles

Factors affecting problem-solving court team decisions about medications for opioid use disorder

BackgroundProblem-solving courts (PSCs) provide alternatives to prosecution and incarceration for drug-related crimes and offer integrated support for people who have lost custody of children due to drug use. Methadone and buprenorphine are lifesaving medications for opioid use disorder (MOUD) but are underused by PSC clients. Even when PSCs lack a court-level prohibition against MOUD, court staff still make individualized decisions about whether a court client can use MOUD. Therefore, we sought to identify factors involved in such individualized PSC court decisions about clients' use of MOUD. MethodsWe conducted semi-structured interviews and focus groups between Summer and Fall 2022 with a convenience sample of 54 PSC staff members from 33 courts across four states. Data were analyzed using iterative categorization. ResultsInterviewees indicated that their courts had eliminated blanket prohibitions against MOUD due to federal and state policy funding requirements, widespread dissemination of voluntary best practice standards, fear of lawsuits, and MOUD education targeting courts. Courts allowed MOUD if the court client accessed it through a treatment provider with whom the court collaborates. Some courts only allowed court clients to access MOUD from non-partnering treatment providers after a court-led “vetting” process of the proposed MOUD provider. MOUD provider characteristics considered during the vetting process included the provider's willingness to communicate with the court, frequent drug testing, adjustments of medication or dosage in response to aberrant results, offering of counseling, and acceptance of Medicaid or sliding scale payments. PSC staff were least comfortable with court clients using methadone treatment. ConclusionsThe presence (or lack of) a PSC-MOUD partnership is a key factor involved in court staff decisions when a court client desires MOUD. Therefore, increasing the number of partnerships between PSCs and MOUD providers could lead to higher rates of MOUD utilization. It is unclear whether court-led vetting processes for non-partnering MOUD treatment providers are necessary or appropriate, and such vetting processes could reduce treatment choice or access in communities with few MOUD providers.

Are operations backed by best practices in American problem-solving courts?

ABSTRACT Background Problem-solving courts (PSCs) are specialized courts offering evidence-based interventions for rehabilitating and diverting individuals from carceral institutions. PSCs allow participants to address problems influencing their behavior, such as mental health and/or substance use disorders, while remaining in the community under court supervision. PSCs are designed to serve as linkage sites to support services and research supports PSCs’ efficacy in doing so. Objective Less is known about how PSC operations align with national best practices specified by All Rise (professional association of PSCs) in serving court participants. Methods This study explores whether American PSCs adopt All Rise’s 10 best practice principles based on surveys from a larger study of PSC operations reported by local (n = 849) and state (n = 42) PSC coordinators. Results Of the All Rise principles captured in our study, only 4% of courts adopted eight EBPs whereas 56% of the courts adopted four to six EBPs. PSCs using EBPs employed diversified staff positions, collaborated with multiple treatment providers, participated in treatment trainings, offered peer navigators, used validated screening tools, used varied treatment modals, and had eligibility criteria for participants to enter PSC programs. Conclusions PSCs’ operations were generally backed by some of All Rise’s best practices.

Characterizing Multisystem Barriers to Women's Residential SUD Treatment: A Multisite Qualitative Analysis in Los Angeles.

Residential substance use disorder (SUD) treatment programs are challenged by the differing values of the problem-solving court (PSC) and child welfare (CW) systems, along with communication barriers between staff. This study aimed to understand, from the viewpoints of SUD treatment providers, how divergent values and communication barriers adversely affect women's residential SUD treatment. We conducted qualitative semistructured interviews with 18 SUD treatment clinicians and six directors from four women's residential SUD treatment programs. Using a thematic analysis framework, we identified salient themes across specified codes. Analysis revealed six main themes, suggesting differing values and communication barriers across the SUD, PSC, and CW systems adversely affect the provision of SUD treatment. For differing values, three main themes emerged: (a) unaddressed trauma and fear of mental health treatment seeking; (b) perceptions of mothers with a SUD; and (c) the Adoption and Safe Families Act (ASFA) timeline as a barrier to SUD treatment provision. For communication barriers, three themes emerged: (a) inadequate communication and responsiveness with PSC and CW systems adversely affect treatment coordination, induce patient stress, and treatment disengagement; (b) lack of PSC and CW communication regarding child visitation planning adversely affects treatment motivation and retention; and (c) competing ASFA, PSC, and CW priorities and inadequate cross-system communication adversely affect treatment planning. Treatment providers face significant barriers in providing effective treatment to women simultaneously involved in the CW and PSC systems. Aligning values and addressing communication barriers, changes in policy, and enhanced cross-system training are crucial. Additionally, it is essential to reevaluate the ASFA timeline to align with the long-term treatment needs of mothers with a SUD. Further research should explore the viewpoints of patients, CW, and PSC staff to gain deeper insights into these SUD treatment barriers.

A National Survey of Problem-Solving Court Staff Perceptions of In-Person versus Virtual Hearings.

During the COVID-19 pandemic, problem-solving courts adopted virtual hearings. We conducted an online nationwide survey with a convenience sample of court staff to elicit their perceptions of court participants' attendance, engagement, willingness to talk, and ability to form connection with judges during in-person versus virtual hearings. Sign tests compared ordinal ratings for perceptions of court participant outcomes during in-person versus virtual hearing modalities, and for audiovisual technology versus audio-only technology. The final analysis included 146 staff. Staff felt that during in-person hearings judges could form closer relationships with participants, quality of information exchanged was higher, and participants were more willing to talk. Staff rated attendance as high regardless of the modality. Staff felt participant engagement was higher with audiovisual technology than audio-only technology. Our results suggest that staff have concerns about effects of virtual hearings on court participant engagement and ability to form relationships with judges. Courts should address these potential negative effects of virtual hearings. We are concerned that staff perceived participants more negatively when participants used audio-only versus audiovisual technology, because technology access could be associated with participant demographic characteristics. Further research is needed to examine court participant perceptions and outcomes.

A County-Level Case Study of Early Psychosis in the Context of a Hybrid Juvenile Competency Restoration and Mental Health Problem-Solving Court and Linkage to Coordinated Specialty Care Services.

An important and unresolved question in the context of the implementation of coordinated specialty care (CSC) for early psychosis in the United States is the extent to which youth and young adults from marginalized backgrounds are able to equitably access CSC services. In this brief report, we describe pathways between a county hybrid juvenile competency restoration and mental health problem-solving court ('Court'), serving youth with high rates of psychosis and multiple risk factors for poor long-term outcomes, and local CSC services. We found that the Court was overall successful in linking youth with psychosis to care, but in the majority of cases this was not CSC programming more specifically. Drawing on Court and CSC records as well as family interviews, we report on factors contributing to low linkage to CSC, including family-side barriers (lack of transportation, preference for lower intensity / lower demand services) and provider-side barriers, including eligibility criteria such as duration of psychosis, that ultimately exclude otherwise eligible Court-involved youth.

Typologies of Family Dependency Treatment Court Participants: Parental Characteristics and Differential Child Placement Outcomes

Background: Family Dependency Treatment Court (FDTC) is a problem-solving court for parents who have child welfare involvement and designed to address parental substance misuse by providing treatment and wrap-around services, with the goal of reunifying parents with their children. Objectives: This study aimed to identify different classes of FDTC parents and compare how child placement outcomes differ by class. Parental characteristics and permanent placement outcomes for 354 parents participating in a Central Florida FDTC were assessed using administrative data. An exploratory latent class analysis was conducted to classify parents. Results: Results revealed three distinct classes of FDTC participants: 1) co-occurring issues, 2) racial/ethnic minority participants, and 3) prescription opioid, meth, and heroin users. Regression analyses showed that parents with co-occurring issues were over two times more likely to achieve permanency (OR = 2.05, p < .05), and were two times less likely to terminate their parental rights (TPR) compared to the other two classes. Conclusions: Implications for tailoring FDTC procedures to parents’ individual needs, combating racial/ethnic disparities in access to services and placement outcomes, and improved child welfare and placement outcomes are discussed.

An interdisciplinary researcher-practitioner partnership: lessons and perspectives from researchers and problem-solving court personnel

ABSTRACT Collaborative partnerships between criminal justice agencies and universities offer several benefits for all involved. This article describes an interdisciplinary researcher-practitioner partnership between the Will County Problem-Solving Courts and the University of St. Francis’s Departments of Criminal & Social Justice and Social Work. Collaborators reflect on the mutually beneficial relationship that produced policy-informed research, new internships, and enriched classroom experiences. The collaboration also encountered challenges such as staff turnover, COVID-19, and access to data. Finally, we encourage others to engage in collaborative efforts and provide recommendations to inform future partnerships on building and sustaining researcher-practitioner collaborations.

Problem-solving courts in comparative law: Combination of therapy and responsibility

This paper examines the innovative approach of problem-solving courts within the framework of comparative law, emphasizing the integration of therapeutic jurisprudence and individual criminal responsibility. By analysing various models from different jurisdictions, the study highlights how these courts effectively address underlying issues in criminal behaviour, such as substance abuse and mental health problems, through tailored interventions. The research draws on a comparative analysis to explore the effectiveness of these courts in reducing recidivism, enhancing offender rehabilitation, and promoting social reintegration. The paper also discusses the challenges and potential of this approach in balancing the goals of therapy and legal accountability. Through a comprehensive review of judicial and policy frameworks, this study provides valuable insights into the evolving role of the judiciary in addressing complex social issues and the potential of problem-solving courts as a transformative tool in the criminal justice system.

Viewing Then Doing?: Problem-Solving Court Coordinators’ Perceptions of Medications for Opioid Use Disorders from a Nationally Representative Survey in the United States

Background. Overdose deaths in the United States (U.S.) surpassed 100,000 in 2021. Problem-solving courts (PSCs), which originally began as drug courts, divert people with nonviolent felonies and underlying social issues (e.g. opioid use disorders (OUDs)) from the carceral system to a community-based treatment court program. PSCs are operated by a collaborative court staff team including a judge that supervises PSC clients, local court coordinators that manage PSC operations, among other staff. Based on staff recommendations, medications for opioid use disorders (MOUDs) can be integrated into court clients’ treatment plans. MOUDs are an evidence-based treatment option. However, MOUDs remain widely underutilized within criminal justice settings partially due to negative perceptions of MOUDs held by staff. Objective. PSCs are an understudied justice setting where MOUD usage would be beneficial. This study sought to understand how court coordinators’ perceptions and attitudes about MOUDs influenced their uptake and utilization in PSCs. Methods. A nationally representative survey of 849 local and 42 state PSC coordinators in the U.S. was conducted to understand how coordinators’ perceptions influenced MOUD utilization. Results. Generally, court coordinators hold positive views of MOUDs, especially naltrexone. While state and local coordinators’ views do not differ greatly, their stronger attitudes align with different aspects of and issues in PSCs such as medication diversion (i.e. misuse). Conclusions. This study has implications for PSCs and their staff, treatment providers, and other community supervision staff (e.g. probation/parole officers, court staff) who can promote and encourage the use of MOUDs by clients.

Shifting the practice of coercive penal care over time in a problem-solving court

While problem-solving courts represent one area in which rehabilitative efforts have expanded within correctional settings as “coercive penal care,” still unexplored is how the blend of rehabilitative and punitive practices might evolve over time. By conducting interviews and observing a new reentry court, we explore how the court's navigation of coercive penal care transforms over time. We argue that initially, the introduction of rehabilitative goals was mostly subverted by the court's existing punitive criminal legal system and organizational structure. This occurred through court actors prioritizing internal over external goals and metrics in the program, and articulating self-responsibilization narratives for success. As the court progressed, court actors shifted toward emphasizing individualism. Increased individualism occurred in recognition of the complex barriers that participants faced, but presented a double-edged sword: actors focused more on the individual needs of participants beyond program requirements, but also increased individual accountability by participants. This greater emphasis on individualization also allowed court actors to resolve sometimes competing rehabilitative and punitive goals through increased discretion.

Problem-Solving Court Staff Preferences for Educational Videos about Medications for Opioid Use Disorder

Background Problem-solving courts use an interdisciplinary approach with treatment mandates, hearings, and monitoring to rehabilitate individuals arrested for drug-related crimes or lost custody of children due to drug use. Medications for opioid use disorder (MOUD) are the standard of care for treating opioid use disorder (OUD), but few problem-solving court clients with OUD are referred to MOUD. Previous studies found court staff often harbor misconceptions about MOUD and could benefit from MOUD education. Tailoring education to the intended audience is an educational best practice. We sought to identify content and style preferences for two MOUD education videos: 1) an introduction to MOUD and, 2) MOUD myths/misconceptions. Methods We recruited 40 Florida problem-solving court staff. Using semi-structured interviews, invited document/script edits, and qualitative surveys, we collected data at each of four video development stages. We used template analysis for qualitative data. Results Court staff desired the following content: OUD as a chronic brain condition and MOUD as an effective response; MOUD risks and benefits; how MOUD is accessed; and the appropriate role of court staff with MOUD decisions. Style preferences were: no juvenile/cutesy animation; relatable characters/environments; simple concept illustration; individualizing the learning experience; and combinations of scientific animated videos and successful stakeholder interviews. Discussion Our findings reinforce the importance of tailoring MOUD education to the audience. Court staff’s wish for education about their appropriate role with MOUD reflects their unique position making treatment referrals. Court staff’s desire for stakeholder recordings of success stories mirrors the importance of opinion leaders in other dissemination studies.

Improving Drug Courts: A Preliminary Study

Since the early 1980s, specialized problem-solving courts known as drug courts emerged in the United States as a response to the backlog of drug and alcohol-related cases plaguing the U.S. criminal justice system. In a few decades, with the seeming success of the drug court in helping AOD defendants achieve sobriety while reducing recidivism, the drug court model has achieved international prominence as well. This paper discusses a pilot study which seeks to analyze the feasibility of connecting a website, drughelp.care, developed at the host institution of the co-authors, to the everyday operations of local drug courts. Talcott Parsons’ AGIL schema is utilized as a conceptual template for organizing our thinking about how the website could improve services to administrators and clients according to the unique functional elements of the drug court.

Should Judges Be Empathic? The Place of Judges’ Empathy in Therapeutic Jurisprudence

Therapeutic jurisprudence (TJ) has had a influence on the judiciary and legal practice given the emergence of special courts, the so-called problem-solving courts. As understood by David B. Wexler, TJ is an approach that combines experience from many scientific fields, constituting an interdisciplinary field of research that focuses on the therapeutic and antitherapeutic consequences of laws, legal procedures, and the roles and behaviours of legal actors such as lawyers and judges. The role that they play during a trial is particularly emphasized in this theory in the context of causing both positive and negative consequences for those participating in the trial. The first purpose of this paper is to reconstruct the understanding of empathy and its role in the therapeutic jurisprudence, and to show how the concept of empathy is understood in the context of a judge’s work, particularly in relation to main TJ authors, David B. Wexler and Bruce J. Winick.

The Objectives of Problem-Solving Courts and the Transformative Potential of Mediation in Criminal Cases – Some Remarks from the Perspective of Comprehensive Law Movement

Introduction – Research Goals The main goal of the article is, on the one hand, to introduce the basic assumptions, including the objectives of a particular type of courts, the so-called Problem-Solving Courts, implementing the postulates of the Therapeutic Jurisprudence orientation, which is the leading current co-creating the Comprehensive Law Movement. On the other hand, is to make an attempt to establish the existence of a specific iunctim between the therapeutic and transformative aims of Problem-Solving Courts and the potential of criminal mediation in this regard. Materials and methods The study, according to the concept of ontological and methodological approach to law as multi-leveled phenomena, is of interdisciplinary nature. It refers to both: theory and practice of mediation and also to the idea of Comprehesive Law Movement, Problem-Solving Courts, Therapeutic Jurispridence, as well as theory and philosophy of law, Polish legal dogmatics and selected psychology issues. The paper is based primarily on the literature in question. The reasoning is dominated by the logico-linguistic method, supported by the comparative method. Results and conclusions The conducted research allowed to meet the descriptive goals of the paper, as well as to point out the specific iunctim between the therapeutic and transformative goals of Problem-Solving Courts and the potential of mediation in criminal cases in this regard. At the same time, the need to consider the possibility of the transfer of selected ideas and solutions (adopted within the framework of Problem-Solving Courts and Therapeutic Jurisprudence) to Polish legal ground and social order was highlighted. Implications Intentional purpose of the text is to introduce the key assumptions of the Comprehensive Law Movement, the interdisciplinary type of Problem-Solving Court and the orientation of Therapeutic Jurisprudence into Polish ground. It is, as well, to trigger the discussion on the possibility of activating the therapeutic and transformative potential of 'law in action' within the behavioural and personal (internal) area of the parties to disputes (including disputes arising from the crime committed). Such potential may be supported within the framework of innovative judicial and extra-judicial proceedings, in particular: during transformative mediation in criminal cases.

MENTAL HEALTH COMORBIDITY IN A CANADIAN COURT

Objective Over the past two decades, Canada has seen a rapid growth in problem-solving courts. Such courts are predicated on the rationale that certain populations of individuals who come into contact with the law do so not out of choice, but because of personal circumstance. One prominent example of a problem-solving court is the mental health court. the current investigation serves as a preliminary look into the needs of individuals in contact with the law in southeastern Ontario, Canada. At the time of the writing of this report, no mental health courts had yet been established in the region. We sought to assess the need for such a court by reviewing some key demographics in a sample of offenders in a ‘guilty plea’ court. Design: To this end, data from guilty plea court was collected over the course of several months. The data was publicly available and therefore university ethics though enquired was not required. At the completion of data collection, information from 79 court cases had been documented. These cases were coded for the presence or absence of identified mental health concerns, and subsequent analysis was conducted to discern whether mental health status could predict the type and severity of charges accrued. Results: Of the 79 cases, 24 individuals attending guilty plea court were identified as presenting with mental illness Conclusion: Everything taken together, the current study highlights the need and utility for mental health courts. We offer empirical evidence of such a need, and add to the slowly growing—and altogether much-needed—body of literature surrounding mental health courts in Canada.

Homeless Group Representation in Detroit’s Problem-Solving Court

The proliferation of problem-solving courts reflects a growing recognition that traditional punitive institutions tend to perpetuate cycles of poverty. Problem-solving courts expand the types of knowledge and resources available to court actors to help them address clients’ basic needs, provide ongoing support, and reduce recidivism. But the same qualities that enable judicial flexibility and collaboration can also undermine court goals, affecting the ability of court actors to understand the needs of indigent clients and resolve outstanding legal issues. This article analyzes the role of a social action membership organization in establishing Detroit’s homeless court. Our findings document how the group’s involvement influenced the court in procedure and substance and created space for negotiations that foreground clients’ self-defined needs. Collaboration shaped how defense attorneys thought about the purpose of the court and what they advocated for when meeting with judges and prosecutors on topics such as court accessibility, client sense of safety, and (in)ability to pay. These findings suggest the importance of having those most affected involved in the earliest stages of court creation to access procedural representation. We also consider administrative barriers to establishing a homeless court model within district courts.

가정법원의 문제해결·후견적 기능 제고를 위한 과제

In the 21{st} century, juvenile crimes, delinquencies, and domestic violences have much more attracted social attention, which cannot be separated from the changed social environment, where, on the one hand, the traditional ‘head of family’ system not only as a social entity, but also as a legal system has eventually been abolished in 2005, and where, on the other hand, the conflict between traditional and new value system has arisen as the ideology of democracy, equality, and respect to human rights has rapidly entered the Korean society since the end of 20ᵗʰ century. In other words, the traditional way of dealing with problematic behaviors of adolescents and family members against other family members has begun to face limitations. Coincidently, the problem-solving function of the family court has been emphasized. This paper is the result of research, whereby what systemic change would be required to have the family court dealing with juvenile cases, dependent children cases, and domestic violence victim cases function as the problem-solving court and what roles the family court investigators should play for this purpose have been investigated. This paper sought to make clear that the fact that juvenile cases, dependent children cases, and domestic violence victim cases are under the jurisdiction of the family court reflects the unique Korean state parent idea. In this regard, Korean family court’s cases mentioned above are similar to western juvenile courts and dependency courts, which have developed in close relation with the state parent idea. That being said, western state parent idea has developed as with the local authorities’ intervention into families for the protection of abused and delinquent children, and juvenile courts and family courts have played as assistants and facilitators for local authorities to do partnership with families as the state parent idea changed, whereas the state parent idea has developed in Korea only in the judicial proceedings for abused and delinquent children cases, where public prosecutors and judges play role as state parents. Based on this unique development, this paper argues that transforming the family court into the problem-solving court is recommended to facilitate local authorities intervening into family matters for the protection of abused and delinquent children and domestic violence victims. For this purpose, this paper suggests that the legal provisions related to the proceedings and protection measures of juvenile cases, child abuse cases, and domestic violence cases should be reformed for partnership between the state and families to materialize. Furthermore, this paper suggests that expertise of family investigators should be developed to facilitate the suggested reformation, and that the social welfare and protection function of family courts, which have been introduced in some family courts to meet immediate needs of protecting vulnerable parties and participants in the proceedings, should be delegated to an independent support agency under the court.

Postrzeganie przez studentów przesłanek Ruchu na rzecz Prawa Kompleksowego. Raport badawczy

The increasing crisis of the public judiciary, associated with the excessive length of court proceedings, the decline in public confidence in the institution and its excessive formalization, encourages the need to seek alternative methods of conflict resolution. According to the author, the answer to the above is the implementation of an innovative legal movement functioning under the name of Comprehensive Law Movement. The above-mentioned movement is based on the principles of positive influence of law, it promotes the development of internal virtues and at the same time revalorizes therapeutic elements in the process of law practice. In view of the multi-faceted nature of the application and social operation of law, holistic lawyers use a range of tools that constitute the modules of the Comprehensive Law Movement, such as Therapeutic jurisprudence, Procedural justice, Holistic justice, Creative problem solving, Preventive law, Collaborative law, Transformative Mediation, Restorative justice and Problem-solving courts. The development of the Comprehensive Law Movement in Poland and Europe is determined by the involvement of the legal communities, the raising of awareness of alternative methods of dispute resolution and appropriate therapeutically-oriented legal education. In order to study the possibility of implementation of the movement’s elements, research was conducted to examine the potential recipients’ attitudes towards the assumptions of the individual modules. The article describes the methods and presents the results of the conducted social research, with an indication of the influence of legal education and predispositions to perform particular legal careers on the acceptance of the various modules of the Comprehensive Law Movement.

Pandemic Procedures: Adapting Problem-Solving Court (PSC) Operations and Treatment Protocols During COVID-19.

With an ongoing pandemic claiming hundreds of lives a day, it is unclear how COVID-19 has affected court operations, particularly problem-solving courts (PSCs) which have goals rooted in rehabilitation for participants in their programs. Even with practical recommendations from national organizations directing courts on how to manage COVID-19, whether and how PSCs met the needs of PSC participants during this time is underexplored. This study, drawn from a larger national study using a survey of PSC coordinators, examines the COVID-19 responses of PSCs to remain safely operational for participants. A sub-sample of survey respondents (n = 82 PSC coordinators) detailed how the COVID-19 pandemic led to changes to their court and treatment operations amidst the constraints of the pandemic. The courts’ shifts in policy and practice have important impacts for court participants’ treatment retention and success in the PSC program, and these shifts need more in-depth research in the future.

Traumatic Brain Injury in Indiana's Correctional System: Prevalence and Recidivism.

This article identified rates of traumatic brain injury (TBI) and recidivism among people incarcerated or exiting incarceration in Indiana using data from different sectors of the incarcerated population. This article was a collaboration between the rehabilitation hospital of Indiana and both the Indiana Department of Correction (IDOC) and the problem-solving courts of Marion County, resulting in two distinct screening samples. Participants in the IDOC sample (N = 2,791) were screened over a period of 2 years and 4 months. Participants in the specialty courts sample (N = 189) were screened between August and October 2016. The rates of moderate-to-severe TBI in the samples were highly variable and ranged from 13% to 86%, higher than in the general population. Recidivism rates for those with TBI were significantly higher than among participants without TBI at 6 and 12 months postrelease. Formerly incarcerated people from the IDOC sample reporting a moderate-to-severe TBI were nearly two times more likely to return to incarceration within 1 year of release.