When the detention alternative for autistic youth (DAAY) treatment court gets underway, Judge Sunny Bailey knows what needs to be done, and she and a specialized team of professionals make it happen. The court works with precision to get kids with autism in the juvenile justice system on track. Many of the youth are undiagnosed and have been written-off as “troubled” by schools and others. The Eighth Judicial District DAAY specialty court is the only court of its kind in the nation. When you observe it, you can’t help but think how other courts could benefit from the same techniques.

For a typical DAAY court calendar of cases, Judge Bailey goes through a quick but thorough rundown of what is going on with each youth before they appear before her. During an April calendar, the reports weren’t great for a youth who was set to appear. Staff at a the juvenile detention center where he was placed, reported scrimmages over a remote, threats of violence against staff and an attempt to leave the facility. Judge Bailey was undeterred, she focused in on areas where improvements could be made. She learned his therapy had only been five to 10 minutes of tele-talk therapy. “We need to concentrate on ABA training,” the judge noted. ABA is Applied Behavioral Analysis is a type of therapy that has proven to be effective for youth with autism. She offered additional resources to help staff manage the youth without hampering their other duties. The staff was appreciative of the additional assistance. Judge Bailey asked, “Is he getting any reinforcers?” Immediate reinforcers are an important factor in helping the children reach their goals through positive motivation. Through the course of the conversation, she learns that he really likes chicken wings.

After the Judge was satisfied that she had been adequately briefed, the youth was video-conferenced into court. Judge Bailey asked him to tell her what is going on. “It’s hectic. When I came here, there’s a lot of fighting. They like to pick on me a lot,” he dejectedly responds. Judge Bailey adeptly uses the information she knows from the briefing. “I’m disappointed you didn’t want to give up the remote, you know you can’t play couch commando forever.” She encourages him to give it a good shot and explains that he has to communicate with staff at the facility on his issues, “You got to tell them, they can’t read your mind.” He acknowledges that she is right and conveys that he doesn’t want to let her down. She then uses the information that he like chicken wings to make a contract of sorts with the youth. If he can avoid conflict for an established period of time, he’ll get chicken wings. Within just a few minutes of speaking to Judge Bailey, the youth’s attitude completely turned around. He agreed that he will control his behavior and signed off with his new goal and the chicken wing reinforcer in reach. “With him, everything is a contract,” Judge Bailey muses. “It takes a village – we have one.”

Judge Bailey understands what the parents of children with autism go through, because she has been through it herself. One of her own children was diagnosed with autism. Twenty years ago, she moved from Washington for a well-respected autism program in Las Vegas for her own child. That’s when she began her journey to train and practice ABA to help her daughter to go from 250 aggressive acts a day, to one every several months.

Judge Bailey conveyed that she understands the challenges that parents have to hold down jobs, deal with issues at school, and ensure that other children in their family get the attention they need. There are difficulties getting into training and getting insurance coverage. She explained how daunting the paperwork for individual education plans (IEP) can be. “If youth don’t have a proper IEP that covers their behaviors, they can be expelled.”

Judge Bailey also holds the parents accountable. She asks a mom who comes to court for her son if she was able to get on Medicaid. “We’re gonna train you how to deal with him and get him some ABA, but you can’t ignore the behavior,” Judge Bailey advises. “He is not gonna get any better until we all get involved.” 

After court, Judge Bailey explains, “You have to do the work. We, the adults, have to modify our behavior. Autism is a 24-hour diagnosis, it doesn’t stop. You have to continue to reinforce. The goal is always ABA and parent training. We have to re-train the parents, because they’re so reactionary. We have to re-shape their way of thinking. We also have to teach the parents that they’re not walking on eggshells anymore.”

DAAY court is a lot of coordination and moving pieces. The program has graduated 65 kids with only five to come back. Judge Bailey says that you have to start young. Early intervention can help youth to adapt to the mainstream for better outcomes by the time they get to middle school. Consistency and a behavioral plan are important; and reinforcement should be instantaneous.

Judge Bailey describes the coming together of DAAY court like a “Suave hair commercial.”  “I had a separate calendar for one kid with a battery DV with no services. I knew some people who could help with services; then I had another kid.” She explains the service providers kept showing up and kids kept being referred. “It just got bigger, bigger and bigger; and a year later we figured we’d better have a name.” They settled on detention alternative for autistic youth commonly known as DAAY.

The Nevadaautism.com website defines autism as, “a chronic neurodevelopmental disorder, which means that it first appears in childhood and is a lifelong condition without a cure.” The site reports, “Researchers and clinicians have outlined three main areas that symptoms of autism tend to fall under. These areas are difficulties with communication, social challenges, and repetitive behaviors and interests.”

Nevada State Senator James Ohrenschall introduced Senate Bill 411 that is intended to establish that “with certain exceptions, existing law grants the juvenile court exclusive  jurisdiction  over  a  child  who  is  alleged  or  adjudicated  to  have  committed  a  delinquent  act.  In  general,  under  existing  law,  a  child  commits  a  delinquent  act  if  the child commits an act designated as a criminal offense. (NRS 62B.330) Section 4 1 of this bill requires the juvenile court to establish an appropriate program for the  treatment of children diagnosed with or suspected to have autism spectrum  disorders  to  which  it  may  assign  a  child  who  is  alleged  or  adjudicated  to  have  committed  a  delinquent  act.”

At a hearing for SB411 Nevada Senate Judiciary Committee Judge Baily said, “Although aggression is not a symptom of autism, youth with autism sometimes behave aggressively towards themselves or to other people. This can lead to charges for battery on protected persons, battery domestic violence, threats to teachers, first responders, medical personnel and the public.” Judge Bailey described the DAAY court to the committee as, “a program for youth involved in the juvenile justice system with a primary diagnosis of autism. The goal and function of DAAY court is, simply put, to increase the skills and appropriate behavior of youth with autism. The program is designed to address the lack of services and to address the proper programs and services to prevent future illegal behaviors especially aggressive violent behaviors.” She punctuates the importance of the program’s success, “The alternative to this program is that kids end up in juvenile detention and ultimately when they are older going to jail.”