This is archived content from the U.S. Department of Justice website. The information here may be outdated and links may no longer function. Please contact webmaster@usdoj.gov if you have any questions about the archive site.

136. Fifth factor—the juvenile's response to past treatment efforts and the nature of those efforts

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.

Updated January 22, 2020