136
Fifth factorthe juvenile's response to
past treatment
efforts and the nature of those efforts
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Rehabilitation is clearly one of the primary purposes of the
juvenile
delinquency provisions. "While rehabilitation is a priority, the
courts are not
required to apply the juvenile justice system to a juvenile's
diagnosed
intellectual or behavioral problems when it would likely prove to
be anything
more than a futile gesture." Nelson, 68 F. 3d at 538,
quoting United
States v. Doe, 871 F. 2d at 1253. In fact, a glimmer of hope
in future
treatment for rehabilitation, standing alone, would not be
sufficient to warrant
a finding that rehabilitation is likely. Id. Accordingly,
continued
criminal behavior in spite of previous supervision or
rehabilitative efforts
would weigh toward transfer.
The juvenile probation official(s), as well as the
psychiatrist or
psychologist, may provide testimony concerning this factor. For
juveniles, many
efforts to treat misbehavior are handled in school. School
officials can also
be an important asset in determining the extent of efforts to deal
with a
troublesome youth. See M.H., 901 F. Supp. at 1216.
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