Governor's Crime Commission juvenile age study : a study of the impact of expanding the jurisdiction of the Department of Juvenile Justice and Delinquency Prevention : final report to the Governor of North Carolina and to the 2009 session of the General A - Page 131 |
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122
Updating DJJDP data collection to ensure compliance with youth eligibility
requirements,
Training court counselors for appropriate service delivery, and
Training court counselors on necessary medical terminology.
In addition, in 2006, the federal Deficit Reduction Act (DRA) stated that Medicaid
reimbursements cannot be claimed for services provided by juvenile justice and child welfare
agencies when they are integrated into the regular work performed by child welfare and
probation workers.28 DRA would prevent DJJDP from collecting Medicaid funds for case
management services provided by court counselors. Case management services, specifically
Targeted Case Management, are the services for which other juvenile justice departments have
become Medicaid eligible.
Service providers receive Medicaid reimbursements for services provided to youth who are
Medicaid eligible and have received a diagnosis. Medicaid covers medical care including mental
health needs. Diagnoses made in a juvenile justice setting are generally related to mental health,
and providers receive Medicaid reimbursements for such services as Multi-systemic Therapy,
Functional Family Therapy, and substance abuse treatment.
Legal Considerations
The legal analysis provided by Professor Janet Mason of the University of North Carolina School
of Government and presented under separate cover addresses relevant North Carolina laws that
should be conformed or amended to implement a change to the age of juvenile court jurisdiction,
including motor vehicle and criminal laws. Year 1 of the implementation plan in this report is the
first year after passage of a law that expands juvenile court jurisdiction. Included in the
implementation plan is a provision for the consideration of legislation to bring other sections of
North Carolina law into conformity with the newly-expanded juvenile court jurisdiction. The
purpose of the legal analysis included below is to review any federal legal compliance issues
under federal law.
Changing the age of juvenile jurisdiction does not present any compliance issues with federal
law, but it may affect the way North Carolina solicits and receives grant funding from the
Federal Government. As an initial matter, funding from the federal Office of Juvenile Justice and
Delinquency Prevention (OJJDP) is an important supplemental source for all State and local
juvenile programs. The grants and block grants appear to be premised upon two age related
criteria: (1) age of juveniles as determined by the State in which they are adjudicated, and (2),
the generally accepted definition of a juvenile as a person younger than 18. Each grant
opportunity is drafted with its own specific criteria for the applicants that should be considered,
such as age appropriateness or limitations for the populations sought to be served. There does not
appear to be a wholesale funding limitation tied directly to a maximum age other than 18.
The introduction of older offenders (16 or 17) to juvenile facilities carries with it the probability
of new challenges for facility residents, staff and the system as a whole. A carefully crafted
housing matrix system must account for the introduction of older, larger and possibly more
28 Coalition for Juvenile Justice presentation, “Creative Approaches for Using Medicaid and Other Funding
Sources,” April 2008.
Object Description
Description
| Title | Governor's Crime Commission juvenile age study : a study of the impact of expanding the jurisdiction of the Department of Juvenile Justice and Delinquency Prevention : final report to the Governor of North Carolina and to the 2009 session of the General A - Page 131 |
| Full Text | 122 Updating DJJDP data collection to ensure compliance with youth eligibility requirements, Training court counselors for appropriate service delivery, and Training court counselors on necessary medical terminology. In addition, in 2006, the federal Deficit Reduction Act (DRA) stated that Medicaid reimbursements cannot be claimed for services provided by juvenile justice and child welfare agencies when they are integrated into the regular work performed by child welfare and probation workers.28 DRA would prevent DJJDP from collecting Medicaid funds for case management services provided by court counselors. Case management services, specifically Targeted Case Management, are the services for which other juvenile justice departments have become Medicaid eligible. Service providers receive Medicaid reimbursements for services provided to youth who are Medicaid eligible and have received a diagnosis. Medicaid covers medical care including mental health needs. Diagnoses made in a juvenile justice setting are generally related to mental health, and providers receive Medicaid reimbursements for such services as Multi-systemic Therapy, Functional Family Therapy, and substance abuse treatment. Legal Considerations The legal analysis provided by Professor Janet Mason of the University of North Carolina School of Government and presented under separate cover addresses relevant North Carolina laws that should be conformed or amended to implement a change to the age of juvenile court jurisdiction, including motor vehicle and criminal laws. Year 1 of the implementation plan in this report is the first year after passage of a law that expands juvenile court jurisdiction. Included in the implementation plan is a provision for the consideration of legislation to bring other sections of North Carolina law into conformity with the newly-expanded juvenile court jurisdiction. The purpose of the legal analysis included below is to review any federal legal compliance issues under federal law. Changing the age of juvenile jurisdiction does not present any compliance issues with federal law, but it may affect the way North Carolina solicits and receives grant funding from the Federal Government. As an initial matter, funding from the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) is an important supplemental source for all State and local juvenile programs. The grants and block grants appear to be premised upon two age related criteria: (1) age of juveniles as determined by the State in which they are adjudicated, and (2), the generally accepted definition of a juvenile as a person younger than 18. Each grant opportunity is drafted with its own specific criteria for the applicants that should be considered, such as age appropriateness or limitations for the populations sought to be served. There does not appear to be a wholesale funding limitation tied directly to a maximum age other than 18. The introduction of older offenders (16 or 17) to juvenile facilities carries with it the probability of new challenges for facility residents, staff and the system as a whole. A carefully crafted housing matrix system must account for the introduction of older, larger and possibly more 28 Coalition for Juvenile Justice presentation, “Creative Approaches for Using Medicaid and Other Funding Sources,” April 2008. |
