Page 17 - Delaware Lawyer - Spring 2022

This mural, installed in 2016 outside Courtroom 3-D of the Family Court, is dedicated to Judge Alan Cooper and to the Delaware Bar Foundation in recognition of its support, which made the mural possible.
these tools at our disposal to ad- dress unique issues of mental health and recidivism among teen offenders offers us the chance to have better outcomes for both the teens and their communities.
This article will highlight some of the key innovations in our approach to juvenile justice in the years since Commissioner Young’s article. First, it will outline the two specialty courts within the juvenile justice system in Delaware: Youth Wellness Court and Competency Court, and their role in analysis of the teens that fosters more effective monitoring. Second, it will highlight the key organizations, both governmental and non-governmental,
that employ an ongoing, community- based approach to address the mental health and behavioral needs of delin- quent teens. Finally, it will highlight current legislative attention around facilities for teens.
Specialty Courts
The Family Court’s specialty courts — Competency Court and Youth Wellness Court (until recent- ly Mental Health Court) — are not officially distinct tracts for juvenile delinquency cases under the Family Court’s criminal rules. Instead, they operate as distinct dockets. Cases are referred to the Youth Wellness Court or Competency Court dockets by
the Department of Justice, usually in cooperation with the child’s attorney. Competency Court is for those children who the attorneys suspect may not be competent to stand trial. Their case reviews are transferred to the Competency docket while they undergo an assessment of both their competency and their ability to be restored to competency. While their case is pending before the court, the attorneys have the opportunity to en- gage with the services that the child may need specifically for competency
restoration and in general.
Youth Wellness Court fulfills a
similar role, but for children whose mental illness is not so profound as
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