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E-mail a link to this page to someone you knowCapacity Building Institutes

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* See Resource Materials for individuals intending to participate and/or interested in the topic.


The National Center on Secondary Education and Transition (NCSET) at the University of Minnesota presents a Capacity Building Institute on...

Perspectives on Serving Young Offenders with Disabilities: Litigating and Organizing Systemic Change

Sunday, October 12, 2003
Thunderbird Hotel and Conference Center
Bloomington, Minnesota

This institute will take place during 9th Joint Juvenile Services Conference, which is being held October 11-15, 2003. For more information on the conference and the pre-conference sessions go to http://www.njda.com/learn-conf-joint.html.


Purpose & Goals

Presenters
Agenda
Resource Materials
Location
Biographies of Presenters
For More Information


Purpose & Goals

This institute will provide information, resources, and training regarding the issues, service provision, and alternative methodologies for addressing youth with disabilities involved with the juvenile justice system. Presenters at this institute will:

  • Provide an overview of the current issues and problems
  • Include representation from a variety of perspectives, such as:
    • State Level: What corrections and probation are currently doing statewide in Minnesota as part of standard case management practice and how this dictates individual assessment, individualized case planning, motivational interviewing, family involvement, and use of community-based and culturally specific resources when appropriate
    • Local Level: Specific examples from the Minnesota Correctional Facility in Red Wing, MN of the provision of transition planning and special education services within correctional settings
    • Public Defense: Examination of the public defense process for youth with disabilities going through adjudication with specific examples of cases processed within Washington County Minnesota
  • Explore the use of special education advocacy for individual clients in the delinquency system
  • Address the use of special education advocacy as an organizing strategy to shrink the delinquency system and create meaningful services for children
  • Explore other systemic strategies for serving at-risk children outside of the destructive delinquency system, including class action, impact, and personal injury litigation to challenge inhumane conditions of confinement; organizing a one-family/one-judge court and an integrated system of care for children; reducing pre-trial detention of children through litigation and collaboration; challenging the delinquency process with reference to rights from the Americans with Disabilities Act and § 504 of the Rehab Act; redefining incompetence to stand trial in the juvenile and adult context; and exploring evidence-based, effective wraparound strategies for serving children in their own communities.
  • Address the use of Medicaid and EPSDT for service provision
  • Address clinical issues and aspects


Presenters

Panel Focus - Perspectives on Serving Young Offenders with Disabilities

Lili Garfinkel, PACER Center – introduction to the issue of youth with disabilities in the juvenile justice system; basic statistics and unique issues and concerns

Chris Bray, Department of Corrections, State of Minnesota – state level perspective - what corrections and probation are currently doing statewide in Minnesota as part of standard case management practice (how this dictates individual assessment, individualized case planning, motivational interviewing, family involvement, and use of community-based and culturally specific resources when appropriate); a best practice model for delivering probation services to juvenile offenders, how that model relates to youth with disabilities including those with mental health issues, and how this model can be and is (in some cases) being implemented.

Megan Hunt, Washington County Public Defenders Office, Stillwater, Minnesota – public defender perspective – issues for youth with disabilities and their families as they go through adjudication as well as stories and case examples from Washington County, Minnesota

Heather Lindstrom, Minnesota Correctional Facility, Redwing – special educators viewpoint from inside the juvenile corrections system – issues of education, IEP and disability rights, reintegration into the community, and case examples from the Minnesota Correctional Facility in Red Wing, MN

Panel Description:

Serving young offenders with disabilities in corrections system is a daunting task. Overrepresentation and minimal resources are two of the many issues that must be addressed. This portion of the workshop will provide a short overview regarding basic statistics and unique issues and concerns for serving youth with disabilities. A panel of presenters will provide different perspectives with a focus on providing services and special education within different settings and at different levels within the juvenile corrections system. Audience participation is welcomed and encouraged.


Workshop Focus

Joe Tulman - Facilitator and Co-presenter – David Clark School of Law, Washington, D.C.

Will Dikel, M.D. – Co-presenter – Clinical Psychiatrist and Consultant

Workshop Description:

The presenter(s) will describe and explore a range of strategies for litigating and organizing on behalf of children in the delinquency system. To counter current craziness (that includes trying children as adults, enforcing “zero tolerance” policies in schools, disproportionately treating minority and poor children as delinquents, and pushing children with disabilities into the delinquency system), the workshop presenter(s) will explore the use of special education advocacy for individual clients in the delinquency system and the use of special education advocacy as an organizing strategy to shrink the delinquency system and create meaningful services for children.

In addition, the presenter(s) will describe and explore other systemic strategies for serving at-risk children outside of the destructive delinquency system, including class action, impact, and personal injury litigation to challenge inhumane conditions of confinement; obtaining services through EPSDT and other Medicaid strategies; organizing a one-family/one-judge court and an integrated system of care for children; reducing pre-trial detention of children through litigation and collaboration; challenging the delinquency process with reference to rights from the Americans with Disabilities Act and § 504 of the Rehab Act; redefining incompetence to stand trial in the juvenile and adult context; and exploring evidence-based, effective wraparound strategies for serving children in their own communities.


Agenda, October 12, 2003, 9 a.m. - 5 p.m.

9:00 a.m. Welcome, Introductions, Overview of the Day – Pam Stenhjem

9:05 a.m. Lili Garfinkel – Introduction to the Topic and Panel Members

9:30 a.m. Panel Members Present: Chris Bray, Megan Hunt, Heather Lindstrom

11:00 a.m. Questions from the Audience and Interactive Dialogue

11:15 a.m. Break for Lunch

12:00 p.m. – 5:00 p.m. Joe Tulman and Will Dikel – Workshop


Resource Materials

We have compiled Resource Materials (a list of articles and Web sites) for you to peruse to help prepare for the institute and/or to learn more about this topic.


Location

This institute will take place at the Thunderbird Hotel and Conference Center, 2201 East 78th Street (Get Map), Bloomington, Minnesota. For more information about this hotel location, please contact the hotel directly at (952) 854-3411.


Biographies of Presenters (in alphabetical order)

Chris Bray
Assistant to the Commissioner
Minnesota Department of Corrections

Thirty years in corrections including work in prisons, halfway houses/group homes, and juvenile probation. Twenty-five years with Ramsey County including Director of Domestic Relations, Director of Administration and Director of the Juvenile Division. Currently Assistant to the Commissioner of Corrections responsible for juvenile services, research, Restorative Justice Initiatives, and other areas. Currently a Doctoral candidate at University of Minnesota in Evaluation Studies - ABD status.


William Dikel, M.D.

Clinical Psychiatrist

Dr. Dikel is a child, adolescent, and adult psychiatrist who works solely in the public sector. He provides clinical services at the Pilot City Mental Health Center community mental health clinic. He also consults locally and nationally to professionals in the social services, health, mental health, corrections and educational systems who provide services to children and adolescents who have mental health problems. He has provided consultation to the State departments of Children, Families and Learning, the Department of Human Services, and to the State Mental Health Ombudsman's Office, and is the psychiatrist representative on the State Mental Health Advisory Council and the chair of the Council's Prevention/Early Intervention Task Force. He is the president-elect of the Minnesota Psychiatric Society.

He is a Clinical Professor of Psychiatry at the University of Minnesota, and is on the faculty of the Hennepin-Regents psychiatry residency training program. He is a professor at the Graduate Liberal Studies departments of Hamline University and the University of Minnesota. He has a certificate in medical administration from St. Thomas University.

Dr. Dikel has a special interest in assisting school districts meet the educational needs of children and adolescents who have mental health disorders. His pamphlet, Mental Health and the Schools, What Educators Need to Know is available at the website: http://www.nasponline.org/advocacy/MentalHealth.PDF


Lili Garfinkel

Coordinator, Juvenile Justice Project
PACER Center

Lili Garfinkel is currently the Coordinator of the Juvenile Justice Project at the Parent Advocacy Center for Educational Rights (PACER) Center in Bloomington, Minnesota. Lili’s education includes the University of Manitoba, Canada and the University of Minnesota 1989-91. She has been the Associate Director of the National Center on Education, Disability, and Juvenile Justice (EDJJ) at the University of Maryland in College Park from 1999-Present. Lili is a parent advocate and facilitator for youth with disabilities across disciplines, has presented at numerous state and national meetings, and has developed curriculums and conferences at state and national levels. She is married with three adult daughters and one granddaughter.

Her publications include:
Garfinkel, Lili, Unique Challenges: Hopeful Responses: Youth with Disabilities in the Juvenile Justice System. September, 1997, PACER Center Second Edition. September 1999

Slaby, Andrew, M.D. and Garfinkel, Lili, No One Saw My Pain, W.W. Norton, New York, 1994


Megan Hunt

Public Defender
Washington County Public Defender’s Office

Educational Background, Career Highlights, Other highlights: Megan Hunt is a 1996 graduate of William Mitchell College of Law. She has been employed by the Minnesota State Public Defender's Office as a law clerk and assistant public defender since 1993 working primarily in juvenile court. Megan has represented children in juvenile court on cases ranging from minor traffic offenses and shoplifting charges to serious assaults, drug possession/sales and child protection matters. Megan has represented two clients on first degree murder charges in which the juveniles were certified to stand trial in adult district court and the cases proceeded to jury trial. She represents children in juvenile court on a daily basis who are challenged with mental health, educational, physical and/or emotional disabilities. These challenges create further disadvantages and injustices for them in the school systems, out of home placements and court systems in which they all too frequently find themselves. In 2001, Megan was appointed by Governor Jesse Ventura and currently still serves on the Juvenile Justice Advisory Committee for Minnesota which makes proposals to the Governor on ways to improve the juvenile justice system for Minnesota. Megan also serves on the statewide Children's Justice Initiative team in Washington County working to improve the service given and status of child protection cases in Minnesota.


Heather Lindstrom

Special Education Teacher in Emotional/Behavioral Disorders
Minnesota Correctional Facility, Red Wing, Minnesota

Educational Background, Career Highlights, Other highlights: Heather Lindstrom currently works as a Special Education Teacher in Emotional/Behavioral Disorders for the Minnesota Correctional Facility in Red Wing, Minnesota. She provides special education services to chronic and serious juvenile male offenders between the ages of 13-21. This includes:

  • Development of Individual Education Plans
  • Monitoring student progress
  • Creating, modifying, and presenting lesions in all core subject areas for 7th-post-graduate students
  • Development and implementation of behavior plans to promote a learning atmosphere conducive to effective learning
  • Overseeing the educational components of all resident’s institutional transition from the facility into the community
  • Serving as a liaison between schools in the community and the facility’s Transition Department
  • Designing and presenting workshops to facility personnel on Special Education topics and Restorative Justice
  • Co-facilitating classes in anger management, social skills and mature moral judgment.
  • Supervising and directing department paraprofessionals

Heather has also served as a High School Social Studies Summer School Teacher, Work Experience Coordinator – Handicapped and Special Needs, High School EBD Self-Contained (Level IV) Classroom Teacher, and a Chemical Health Specialist. She has a Bachelor of Science degree in Secondary Education Social Studies, a Master of Science degree in Chemical Dependency Studies from Mankato State University and continues to do post-graduate work and certification. Heather serves on the Minnesota Department of Children Families and Learning’s Special Education Transition Work Group and has been a member of the Minnesota Association for Children’s Mental Health and the State Special Education Committee.


Pam Stenhjem

Associate Director, Youth and Family Network
National Center on Secondary Education and Transition

Educational Background, Career Highlights, Other highlights: Pam Stenhjem has been working in the disability field for 15 years and has been at the Institute on Community Integration at the University of Minnesota for ten years. Pam is currently the Associate Director of the Youth and Family Network at the National Center on Secondary Education and Transition, housed within the Institute.

Pam’s work has been focused on collaborating directly with young adults and families, as well as with educators, community service providers, business partners, and others involved in collaborative initiatives. She has worked at local, regional, state and national levels to provide technical assistance in the areas of transition and school-to-work and has done this through development of:

  • resources and products: state and national newsletters, reports, hands-on tools, posters, and manuals
  • trainings and presentations: informational, skill-building, and train the trainer
  • electronic resources: state and national listservs, E-News bulletins, and Web sites focused on transition and school-to-work

Pam has also worked at the Metropolitan Center for Independent Living as the Transition Program Coordinator, as well as the University of Minnesota’s and University of Georgia’s Disability Services Office as a Disability Student Counselor. She holds a Masters Degree in Rehabilitation Counseling and a Bachelor of Science Degree in Child and Adolescent Psychology.

Pam’s interests and work are currently focused on addressing youth with disabilities in the juvenile justice system as well as the issue of teasing and bullying of and by youth with disabilities. Dealing with personal, community, and policy issues in the area of disability is a daily part of Pam’s life as well as her life’s passion. Her partner Rand is a quadriplegic as the result of an accident 25 years ago. They live in Apple Valley, Minnesota with their beautiful and talented son Ethan and Indigo the cat.


Joseph P. Tulman

Professor of Law
David A. Clarke School of Law, University of the District of Columbia

Educational Background, Career Highlights, Other highlights: Joseph B. Tulman, Professor of Law at the University of the District of Columbia, David A. Clarke School of Law (UDC-DCSL), directs the law school's Juvenile and Special Education Law Clinic. Professor Tulman, since 1988, has been counsel for plaintiffs in Evans v. Williams, a class action on behalf of persons with mental retardation. The suit, filed in 1976, led to the closing in 1991 of Forest Haven, a large institution. With his colleagues in the law school clinic, Tulman has pioneered the use of special education advocacy for children in the neglect and delinquency systems. His publications include articles regarding the unnecessary detention of children, and he co-authored and co-edited a comprehensive manual regarding the use of special education advocacy for children in the delinquency system. Professor Tulman has served on the faculty of the National Judicial College in Reno, NV, and he is a resource fellow for the National Center on Education, Disability, and Juvenile Justice. Early in his career, Tulman was the Deputy Director of the Equal Justice Foundation (precursor of NAPIL/Equal Justice Works), an organization dedicated to promoting equal access to justice and to creating opportunities for law students and lawyers to served underrepresented people.

Professor Tulman received in 1995 his law school's distinguished service award. The Criminal Law Section of the American Bar Association awarded Professor Tulman its 1996 Livingston Hall Juvenile Justice Award. The D.C. Bar Foundation named Professor Tulman the winner of the 2001 Jerrold Scoutt Prize for sustained, fulltime service to underrepresented people in the District of Columbia. Under mayoral appointment, Tulman served, from September 2001 until March 2003, as chair of the D.C. Juvenile Justice Advisory Group.


For More Information

For more information, contact NCSET staff member Pam Stenhjem at 612-625-3863 or huntx010@umn.edu.


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