Risk, Needs, Responsivity: Rethinking FASD in the Criminal Justice System

In Ian Binnie, Sterling Clarren & Egon Jonsson (eds.), Ethical and Legal Perspectives in Fetal Alcohol Spectrum Disorders : Foundational Issues. Cham: Springer Verlag. pp. 269-285 (2018)
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Abstract

The prevalence of Fetal Alcohol Spectrum Disorder among youth in the criminal justice system is currently unknown, although early indications place it at higher incidence than in the nonoffending population. Limited screening and diagnostic resources are noted as being among current barriers to determining an accurate prevalence rate at this time. Nonetheless, professionals working within the justice system recognize that this is a population requiring closer examination. In particular, Justice Canada reports that offenders with an FASD are more vulnerable than most offenders in the system and that their disability may contribute to potential barriers to service access in the criminal justice system. To address this concern, in 2007, Justice Canada and the Youth Justice Policy section set three goals: reduce the risk for individuals with an FASD to become involved with the criminal justice system; provide appropriate care, assessment, and intervention to offenders with FASD within the correctional system; and provide FASD training to Royal Canadian Mounted Police members or other service providers to increase the awareness of FASD and develop community networks for individuals with FASD. Increased understanding of how these goals might be met remains a need in both practice and research. With a focus on goal two, in this chapter, we will review a current dominant theory driven approach to risk assessment and treatment for offenders, explore considerations in the application of this model for use with offenders with an FASD, and make recommendations for continuing to advance practice in pursuit of these identified goals.

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