Delaware Family Court Youth Wellness Court
Please click on the menu topic below and it will expand with more information.
expand all topics | close all topicsWhat is Youth Wellness Court?
Youth Wellness Court is a special court program for youth whose delinquency (criminal) charges are linked to their mental health needs. The program is voluntary and requires youth to enter a plea of delinquent or no contest on their criminal charges, and for the youth and their caregiver to participate in treatment. If youth successfully complete the program and meets the expectations of the Family Court, however, their criminal charges will be expunged.
After youth voluntarily enter YWC, they will be required to attend regularly scheduled Court hearings (typically every two months) along with their caregiver. The Court will schedule some of these appearances in-person and while some may be held virtually. The goal of the program and regular hearings is to encourage and support youth to engage in mental health treatment that will help them thrive while considering their age and unique needs. It also helps youth learn to be independent and responsible members of their community.
Instead of going through traditional probation that typically follows an adjudication of delinquency, YWC gives youth an opportunity to grow with the aid of resources and supports to reduce their chance of future encounters with the justice system.
Can my child/dependent participate in Youth Wellness Court?
Youth may be referred to the program by the prosecutor or defense attorney if they have eligible criminal charges and underlying mental health needs.
What support is available for the youth participating in Youth Wellness Court?
The program team is made up of the Family Court Judge, a lawyer for the state (the prosecutor), a lawyer for the youth (the defense attorney), case managers, and mental health service providers. The YWC teams works together to help youth and their families identify services and supports to complete the program successfully through graduation
Once admitted into the program, each youth is assigned a PBH or Wrap Around Delaware case manager to assist with coordinating mental health or other appropriate services for the youth and family. The case managers play a vital role on the YWC program team and serve as valuable resources for the youth and family through the program.
What happens if the youth doesn’t complete the program or recommended treatment?
Because the Court holds regular hearings, youth will know if they are compliant and on-track for graduation. If youth stay off track with treatment and do not finish the program, they will have a final hearing at which the Court will consider terminating them from the program. If terminated, the youth will be found delinquent and sentenced by the judge.
How does a youth successfully complete and graduate from YWC?
The YWC team evaluates each youth at every Court hearing to ensure the youth is engaging in mental health treatment and following any other rules the Judge puts in place for the youth during their time in YWC (i.e. curfew, participation with evaluations, follow house rules, attend school). Once the team decides a youth has complied with the requirements of YWC, any member of the team could recommend graduation to the Judge who ultimately decides whether a youth has successfully completed the program. The goal of YWC is to have a youth complete the YWC program in less time than traditional probation, however, this is dependent on the youth’s behavior during the program. Once a youth graduates, the youth’s defense attorney or the prosecutor may request an expungement of the charges.
What happens if a youth is arrested for new charges during their time in YWC?
The prosecutor will decide whether to enter a youth’s new charges into YWC or whether the youth’s new charges are ineligible for entry. If a youth’s new charges are ineligible, any YWC team member, including the Judge, can request a youth be terminated from the program. The Judge shall consider the team member’s request and schedule a termination hearing based on a recommendation.
Survey for youth who are in Youth Wellness Court or who have recently completed or ended YWC.
If you are a youth who is currently in the Youth Wellness Court program, or if you have recently graduated or been terminated from YWC, the Court wants to hear from you about your experience. Please click on this link to take a short survey and tell us about your experience.
Education Resources
If youth or their family have concerns about education access, education violations, or school discipline, these are resources that may help you understand your educational rights and services.
- YWC - Education Resources
- YWC - Sample Letter - Concern IEP Not Being Followed
- YWC - Sample Letter - Parent Expedited Evaluation Request
- YWC - Sample Letter - Parent Request Evaluation
- YWC - Sample Letter - Parent Request Evaluation (Spanish)
- YWC - Sample Letter - Parent Request Expedited Evaluation (Spanish)
- YWC - Sample Letter - Records Request
- YWC - Sample Letter - Request IEP Meeting
- YWC - Sample Letter - Request Specialized Evaluation
- YWC - Student Advocacy Center (English)
- YWC - Student Advocacy Center (Spanish)
- YWC - Student with Disabilities and Discipline (English)
- YWC - Student with Disabilities and Discipline (Spanish)
- Student Advocacy Center (SAC)
- CLASI
Other Resources for services, extracurriculars, and activities
