Youth Justice Transformation in Action: Episode Summary

Episode Title: Diversion - A Collaboration with Court and Community Stakeholders
Host/Author: RFK National Resource Center for Juvenile Justice
Featured Guest: Robert A. Birmingham, Jr.
Release Date: November 29, 2022

Introduction

In this compelling episode of the RFK National Resource Center's podcast, Youth Justice Transformation in Action, hosts Jody Martin and John Toole engage with Robert A. "Bob" Birmingham, Jr., the retired Court Service Unit Director of Fairfax County's Juvenile and Domestic Relations Court. Bob shares his extensive experience and insights on implementing diversion practices to transform the youth justice system, highlighting the collaborative efforts with various court and community stakeholders.

Guest Background

[01:42] Bob Birmingham:

"I spent the past 35 years with the Fairfax County Juvenile Domestic Relations District Court... over the last five years been doing some consulting, independent consulting with RFK..."

Bob provides a comprehensive overview of his 35-year tenure, detailing his roles from working in detention centers to managing the largest court service unit in Virginia. His recent endeavors include consulting with RFK, focusing on probation system reviews and youth work.

The Focus on Diversion

[03:04] Bob Birmingham:

"We weren't doing that to the level I thought we could... the numbers were astronomical. It just didn't make sense to me..."

Bob identifies diversion as a critical yet underutilized area in Fairfax County's youth justice practices. He observed excessively high numbers of youth on probation and in detention for low-risk offenses, prompting a reevaluation of existing practices to prioritize diversion.

Implementation of Diversion Practices

[04:53] Bob Birmingham:

"We were diverting somewhere in the range of 10 to 15% of complaints that were filed with our court... we were able to easily double those numbers or even higher..."

Bob outlines the strategic steps taken to enhance diversion, including the introduction of assessment and screening tools like Yazzie. These tools enabled the early determination of a youth's risk level, facilitating more appropriate and tailored diversion options. A standout initiative was the Alternative Accountability Program (AAP), a collaborative effort between courts, schools, prosecutors, and law enforcement, emphasizing restorative justice.

[07:50] Bob Birmingham:

"When I left, the last set of results that I saw, the kids that participated in AAP, 98% of them that were offered the opportunity, they selected the opportunity to do that program."

The AAP demonstrated remarkable success, with high participation rates and significantly reduced recidivism. Less than 10% of participants recidivated within six months, showcasing the program's effectiveness compared to traditional probation.

Collaboration with Stakeholders

[09:38] Bob Birmingham:

"When we started looking at those numbers... we needed to get a stronger look at what we were doing with diversion..."

Bob emphasizes the importance of collaboration with key stakeholders, including law enforcement, schools, and the prosecutor's office. This multi-faceted approach ensured that diversion programs were comprehensive and tailored to meet the needs of youth, families, and the community.

[11:35] Bob Birmingham:

"There was constant meetings. There was data sharing, there was discussions, there was disagreements... but over time, they saw the benefit of it."

Building partnerships, especially with the Commonwealth Attorney’s office, posed initial challenges. Resistance stemmed from skepticism about the efficacy of restorative justice. However, persistent engagement, transparent data sharing, and demonstrating tangible benefits gradually won over stakeholders.

Outcomes and Data

[16:36] John Toole:

"It's a smart approach that yields results that preclude those youth that are introduced through that initial diversion or alternative response into that opportunity, their desistance from future delinquency."

The implementation of diversion strategies in Fairfax County led to reduced court dockets, lower recidivism rates, and enhanced stakeholder collaboration. Data played a pivotal role in monitoring these outcomes, ensuring that diversion was not perceived as merely a lenient approach but as an effective, evidence-based strategy.

Challenges and Persistence

[14:53] Bob Birmingham:

"We continued to meet, and I was fortunate to work under a chief judge that was willing to pull together major stakeholders on a weekly basis."

Bob candidly discusses the initial resistance encountered, particularly from prosecutors wary of diverting cases. Persistent collaboration, guided by supportive leadership, was essential in overcoming these challenges and fostering a cooperative environment.

Policy and Procedures

[19:22] Bob Birmingham:

"We have a juvenile intake department that falls under the court service unit... implement assessment and screening tools early on in the process..."

Reforming the intake process was crucial. By training intake officers in assessment and screening, Fairfax County ensured that diversion decisions were informed, transparent, and collaborative. Engaging youth and families in the decision-making process was institutionalized, enhancing the effectiveness and acceptance of diversion programs.

Reflections and Conclusions

[25:59] Bob Birmingham:

"We learned more... it really motivated us to look at all the work we did... It was the challenge to our staff to go out and how can we do that?"

Bob reflects on the transformation within Fairfax County's juvenile justice system, attributing success to a culture of continuous learning, data-driven decision-making, and unwavering commitment to improving outcomes for youth and families. He advocates for other jurisdictions to embrace change, collaborate effectively, and prioritize evidence-based practices to achieve similar successes.

Notable Quotes

• Bob Birmingham on the Importance of Data:

  [03:04] "The data was suggesting to us and indicated that we were detaining kids that were low risk and placing kids on probation that were low risk at high rates when the research would suggest those are kids that should have stayed outside of the system."

• Bob Birmingham on Stakeholder Collaboration:

  [11:35] "We all are trying to achieve the same goal, right? Public safety, supportive families, successful kids, and victims' rights being protected."

• Bob Birmingham on Professional Growth:

  [25:59] "Look at what's going on around you, around the country and see how you can fit that maybe into your jurisdiction to bring about the changes that you want."

• Bob Birmingham on System Comfort:

  [29:30] "I think systems have gotten comfortable where they live and work and breathe now... Juvenile justice across the country became a mini, an adult system."

Conclusion

Bob Birmingham’s insights offer a valuable blueprint for jurisdictions aiming to implement or enhance diversion programs within their youth justice systems. His emphasis on data-driven practices, stakeholder collaboration, and continuous professional development underscores the multifaceted approach necessary for meaningful transformation. The Fairfax County model demonstrates that with dedication and strategic partnerships, significant improvements in youth justice outcomes are achievable.

For more information on youth justice transformation, visit rfknrcjj.org/podcast.