Preventing Crime and Promoting Rights for Indigenous Young People with Cognitive Disabilities and Mental Health Issues Part 4
 Preventing Crime and Promoting Rights for Indigenous Young People with Cognitive Disabilities and Mental Health Issues
Preventing Crime and Promoting Rights for Indigenous Young People with Cognitive Disabilities and Mental Health Issues
Part 4
Conclusion and Recommendations
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Indigenous young people with cognitive disabilities and/ or mental health
		  issues in contact with the juvenile justice system get very little attention in
		  literature, in policy and arguably in practice as well. We have seen that this
		  is a forgotten group of young people who are frequently labelled as
		  ‘complex’ (code for too hard to work with) and often receive
		  inadequate or inappropriate service. Despite the fact that many of the causes of
		  offending behaviour lie in the early school years, all too often, early
		  identification and early intervention opportunities pass these young people by.
		  It is not until they are in crisis that they stand a chance of assistance. All
		  of these factors increase the likelihood that these young people will progress
	    to the juvenile justice system. 
However, we have found that there is no shortage of commitment, enthusiasm
          and good ideas about how to help these young people. Although they might not be
          supported by policy or large scale programs, there are a number of dedicated
          professionals on the ground that work tremendously hard with these young people
          to prevent offending and involvement in the juvenile justice system. 
Our case studies focused on some areas of promising practice in this area.
          Our approach was to look at programs that have the capacity to work well with
          this group of young people, even if they don’t specifically target this
          group. Many of the programs were relatively new so our assessment of the impact
          was based on consultations with workers and preliminary evidence. Taken
          together, we can see that there are a wide range of intervention points that
          present for Indigenous young people with cognitive disabilities and/ or mental
          health issues, from the early years, through to school, early adolescence and
          offending stages. This continuum of assessment and service shows the opportunity
          and capacity for a range of early intervention and diversionary strategies that
          can reduce offending amongst this group.
Based on these skills and expertise, we have developed a set of best practice
          principles that guide policy and practice with Indigenous young people with
          cognitive disabilities and/ or mental health issues. 
Best practice principles:
- Indigenous young people with cognitive disabilities and/ or
 mental health issues have many of the same needs as Indigenous young people
 without these conditions
 
 They come from the same families and same communities but face the
 additional disadvantage due to their cognitive disability or mental health
 issue. This means that policies and programs need to go beyond the cognitive
 disability or mental health issue to look at cultural needs as well.
- The social determinants of health need to be met to improve
 outcomes for Indigenous young people with cognitive disabilities and/or mental
 health issues
 
 Social determinants of health are factors in society or in our
 living conditions that affect our health, for better or for worse, throughout
 life. Things such as education, housing, transport, employment, working
 conditions, enough money, clean drinking water, sanitation, and a good start
 to life are just some of the social determinants of health. These basic
 preconditions provide the solid foundation that specific disability or mental
 health interventions must be built on. Equally, if this foundation is not
 strong, further disability or mental health interventions will collapse.
 
- Service delivery must be holistic. 
 
 This means that interventions should address physical,
 psychological, emotional, social, spiritual and cultural aspects of
 wellbeing.
- Intervention must be culturally aware and appropriate
 
 This means that workers and policy makers need to examine their own
 perceptions and expectations of Indigenous children, young people, families and
 communities. This is critical during assessment but will also lead to better
 relationships and service delivery. Cultural awareness also needs to encompass
 an understanding of history and current community challenges such as family
 violence and abuse which impact on young people with mental health problems and
 contact with the juvenile justice system.
- Communities need to be involved and have control over
 programs.
 
 In particular this means engaging with Indigenous concepts of
 disability and mental health, as well as consulting with communities to
 understand service barriers and gaps. Indigenous communities have the knowledge
 about the problems as well as the solutions, so active partnerships should be
 formed when developing and implementing programs.
 
 This principle should extend all the way through to juvenile justice
 services, with government juvenile justice agencies drawing on Indigenous
 services and community networks. This means Indigenous workers and organisations
 should be at the centre of interventions for these young people and involved on
 a systematic rather than ad hoc way.
- Interventions should build on strengths and positive
 identity
 
 Many Indigenous young people grow up confronted by negative
 stereotypes which can decrease their self confidence and self esteem. Pride in
 cultural identity should be fostered at all stages of intervention.
- Service needs to rights based
 
 Indigenous young people do not need another label or further
 stigmatisation. A rights based model can help frame services in terms of rights,
 entitlements and equality rather than to focus on deficits.
 
 The other side of a rights based model is that it implies that firm
 benchmarks, targets and timeframes are put in place to make governments and
 service providers accountable and ensure that improvements are progressively
 made.
- Flexible service
 
 Indigenous young people are less likely to come into offices and
 clinics or keep strict appointments. Outreach is the preferred model of service
 delivery.
- It’s never too late 
 
 There are points of diversion and intervention throughout the life
 course. We can’t give up on young people just because they have gotten in
 trouble or are challenging to work with.
Future directions and recommendations
The best practice principles provide some broad guidelines for thinking about
          working with Indigenous young people with cognitive disabilities and/ or mental
          health issues but there are some more directed recommendations that can improve
          early intervention and diversion for this group. These are all achievable
          recommendations which can lead to concrete outcomes.
Knowledge
- That further work be undertaken to develop culturally appropriate
 assessments of cognitive functioning and mental health issues.
- That research needs to be conducted around the incidence and
 appropriate treatment of Foetal Alcohol Syndrome and Post Traumatic Stress
 Disorder amongst Indigenous young people. This also intersects with some of the
 findings of the Bringing them home report.
 
Education and Awareness
- That education packages are developed in consultation with
 Indigenous communities and Indigenous health professionals about cognitive
 disabilities and/ or mental health issues. These should be initially targeted at
 Aboriginal Health Workers to increase their ability to screen early for any
 cognitive disability but then provided to other service providers involved with
 assessment of this client group, including those in the education system.
- That there are expanded screening and health clinics like the Kari
 model (page 64) targeted to all children in the child protection system.
- That further research is conducted on Indigenous young people being
 inappropriately placed in special education programs, including community
 consultations and consideration of human rights issues.
- That education packages are developed for Police and legal
 professionals (including Magistrates) about cognitive disabilities and/ or
 mental health issues in Indigenous young people. This could help identify the
 needs of this group and increase the likelihood of fair treatment and
 diversion.
- That a ‘common sense’ screening tool for cognitive
 disabilities and/ or mental health issues is developed to be used by youth
 workers and Indigenous services, based on the checklist used by the NSW Youth
 Justice Conferencing coordinators (page 76) and the First Aid Mental Health
 handbook under development by the Oxygen group at Melbourne university (pg 62).
 Many workers acknowledge needs but have difficulty naming them as a cognitive
 disability or mental health issue. This can mean that a young person misses out
 on the resources, funding and support of specialised disability
 services.
Support for what works
- That governments continue support for holistic early intervention
 programs such as Tirkandi Inaburra (page 72) and investigate the possibility of
 piloting a similar model in another location.
- That Indigenous community controlled services are resourced to
 provide service to all Indigenous young people in the juvenile justice system or
 at risk of entering the juvenile justice system. They should have a systematic
 role in supporting these young people and providing expert advice to
 non-Indigenous workers at all points of intervention.
- That pilot programs are developed for Indigenous young people at
 risk of entering juvenile justice that target physical, psychological,
 emotional, social, cultural and spiritual needs. An additional condition should
 be that these pilot programs also have some experience in working with young
 people with disabilities or mental health issues so that they can tailor their
 service to this client group.
- That Cultural Support Plans as used in the Victorian juvenile
 justice system (page 83) are rolled out for all Indigenous young people in the
 juvenile justice system.
 
Policy Processes
- That consideration of the issues and strategies raised in this
 report inform the National Aboriginal Justice Agreement and state and regionally
 based Indigenous Justice Agreements.
- That this report is circulated to all organisations involved with
 juvenile justice and in the development of National Indigenous Law and Justice
 Framework and state and regionally based Indigenous Justice Agreements.
- That all juvenile justice organisations include consideration of
 how they will meet the specific needs of Indigenous young people with cognitive
 disabilities and mental health issues in their strategic planning. This may be
 through Disability Action Plans or other policy processes that ensures that
 consideration is given to the specific needs of this group in all service
 provision.