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A Road Map for

Juvenile Justice Reform

Our nation’s juvenile justice systems are poised for a fundamental,


urgently needed transformation—and not a moment too soon.

Among all of the policy areas affecting vulnerable children and families,
juvenile justice has probably suffered the most glaring gaps between
best practice and common practice, between what we know and what
we most often do. Perhaps because it serves an unpopular and power-
less segment of our society—behaviorally troubled, primarily poor, mostly
minority teenagers—juvenile justice policy has been too long shaped
by misinformation, hyperbole, and political prejudices.

The consequences have been both disturbing and costly: Our juvenile
justice systems have become littered with poorly conceived strategies
that often increase crime, endanger young people and damage their
future prospects, waste billions of taxpayer dollars, and violate our
deepest held principles about equal justice under the law.

These systems affect a wide swath of the U.S. youth pop­ulation. Nation-
wide each year, police make 2.2 million juvenile arrests; 1.7 million

The Annie E. Casey Foundation 


cases are referred to juvenile courts; combined efforts add up to a compel-
an estimated 400,000 youngsters cycle ling road map for reform. There is now
through juvenile detention centers; and an increasingly clear route for moving
nearly 100,000 youth are confined in juvenile justice away from counter­
juvenile jails, prisons, boot camps, and productive, dangerous, wasteful, but
other residential facilities on any given still commonplace, practices and toward
night.1 Young people who penetrate a more effective, effi­cient, and just
the systems deeply—those who end approach to addressing adolescent crime.
up confined in locked detention centers Given what we now know, and the
and training schools—suffer some of the terrible costs of retaining the status quo in
worst odds of long-term success of any juvenile justice, there no longer remains
youth cohort in our nation. Over their any reasonable excuse for inaction.
lifetime, they will achieve less educa-
tionally, work less and for lower wages, A Noble Idea, Unrealized
fail more frequently to form enduring One hundred twenty-three years after
families, experience more chronic health establishing the world’s first representa-
problems (including addiction), and tive democracy, the United States rang
suffer more imprisonment.2 in another global revolution: the first
That’s the bad news. The good court of law dedicated exclusively to
news is that over the past 20 years, children, founded in July 1899 by Cook
a growing cadre of scholars, advocates, County, Illinois, on Chicago’s west side.
and hands-on juvenile justice prac- Until then, children were tried in
titioners has vastly expanded our criminal courts just like adults. In many
understand­ing of delinquency, as well parts of the country, children as young
as system reform. They’ve compiled as 8 were imprisoned with adults and
powerful new evidence on what works sentenced to hard labor. Along with
in responding to delinquency, docu- a sister court in Denver, Cook County
mented the harm and waste resulting devised an entirely new system of justice
from ill-informed juvenile justice based on the principle that children are
practices, devised and tested new inter- inherently different from adults, less cul-
vention strategies, and begun putting pable for their acts, and more amenable
this new knowledge of what works into to rehabilitation. Unlike adult criminal
widespread use. Promising reforms are courts, accused youth would not be
now underway and expanding in many tried through a formal, open, and adver-
jurisdictions, and the foundation for sarial process. Rather, the new juvenile
deeper and more sys­temic change has courts would operate as “a kind and
been firmly established. just parent” to children, using closed
Having been intimately involved and infor­mal hearings to act in the
in this work, the Annie E. Casey Foun- best interests of the child. 3 By 1915, 46
dation is gratified to report that these states and the District of Columbia had

The Annie E. Casey Foundation 


Essay

established their own juvenile courts, hearing.5 Statutes granted extra­ordinary These overdue protections, how-
and many foreign nations quickly cre- discretion to these judges, but few legal ever, soon collided with a shift in public
ated children’s courts of their own.4 protections to youth: no advance notice policy toward punishment and deter-
Today, every state in the union, and of charges, no rules of evidence, no right rence and away from rehabilitation.
virtually every nation on Earth, has to counsel, no right to confront wit- During the 1980s, many states began
a separate justice system for juveniles. nesses, and no right to a jury trial. requiring incarceration for serious
Combined with sensa­tional For young people, juvenile courts This discretion and informality, youth crimes, and several expanded the
offered many advantages. They pro- which were intended to encourage number of youth who could be tried
media coverage and widely
tected the privacy of young offenders flexible and creative responses, actually as adults. These trends accelerated rap-
publicized (and ultimately and enabled them to enter adult life ended up producing enormous dispari- idly in the 1990s, when youth violence
without the stain of a criminal rec­ord. ties. Even controlling for the offenses (and public concern over it) spiked to
inaccurate) predictions of
The courts hired specially trained proba- committed, poor and minority youth unprecedented levels. Between 1984
a com­ing “tidal wave” of tion counselors, psychologists, and other have consistently received harsher treat- and 1994, the number of murders
staff to supervise and support young ment than more affluent white youth.6 zcommitted by youthful offenders
“juvenile superpredators,”
offenders. They also handled a substan- Moreover, many juvenile judges have nearly tripled, and the overall rate of
the spike in serious delinquency tial share of cases informally, without used their discretion to apply heavy juvenile violent crime nearly doubled.8
a court hearing. sanctions to youth accused of such Combined with sensa­tional media
sparked a public policy panic.
From the very beginning, how- acts as underage drinking, curfew vio­ coverage and widely publicized (and
ever, the implementation and practice lations, and truancy (i.e., status offenses) ultimately inaccurate) predictions
of juvenile justice fell far short of its that would not have been illegal if of a com­ing “tidal wave” of “juvenile
lofty ideals. The courts relied heavily on committed by adults. In the mid-1970s, superpredators,” the spike in serious
“reformatories,” later known as training 40 percent of youth referred to the delinquency sparked a public policy
schools, where conditions were often juvenile justice system nation­wide, panic. State legislatures enacted “get
more severe and discipline far har­sher roughly half a million teens per year, tough” juvenile policies at an unprec-
than their rehabilitative mission implied. were status offenders not accused edented pace. Every state except
While most juvenile courts made pro- of any crime.7 Nebraska amended its juvenile code
bation the most common outcome of Partly in response to these practices, to expand the classes of accused youth
delinquency cases, the reality was that the U.S. Supreme Court issued a series who could be tried as adults.9 To further
few jurisdictions hired enough probation of decisions in the 1960s and ’70s grant- combat the perception that juvenile
officers or provided sufficient training ing youth more (but not all) of the courts might be too lenient, many
or resources to deliver the intended legal protections available to adults. states began requiring minimum periods
individualized care in a meaningful way. In 1974, Congress enacted the Juvenile of incarceration for specific crimes.
Similarly, while the founding vision of Justice and Delinquency Prevention Trends in other youth-serving
the juvenile court revolved around a Act, sharply curtailing detention and systems also had a profound effect on
dedicated, spe­cialized jurist, only half of incarceration for status offenders. New youth involvement in juvenile justice in
the nation’s juvenile judges in the 1960s federal guidelines also pushed states to the 1990s. Many school systems across
had a college degree, nearly three in four desist from holding juveniles in adult the country adopted “zero tolerance”
devoted less than a quarter of their time jails and to maintain “sight and sound” policies. Even when students’ behavior
to juvenile cases, and most allo­cated separation between juveniles and adult posed minimal threats to public safety,
just 10 to 15 minutes to each juvenile offenders at all times. the result was often a court referral for

 www.aecf.org The Annie E. Casey Foundation 


Essay

misbehavior previously handled within 1. Trends in juvenile justice In March 2005, the U.S. Supreme
the schools. Resource shortages in the practice blur or ignore the well- Court cited this new evidence in a
mental health and child welfare systems established differences between groundbreaking ruling forbidding the
also served to turn many juvenile deten- youth and adults. imposition of capital punishment for
tion centers into default providers for For the first 70 or 80 years of juvenile any crime committed by a person under
youth with serious needs, even though delin­quency courts’ existence, their the age of 18. “Juveniles’ susceptibility
the delinquency system lacked the fund- central premise—or the aspiration to immature and irresponsible behavior In addition to their
ing and therapeutic environment needed at least—was that children need and means ‘their irresponsible conduct is not
ineffectiveness, juvenile
for effective responses. deserve a form of justice that’s differ- as morally repre­hensible as that of an
Today, youth advocates often ent from that for adults. This principle adult,’” the court declared in this Roper correctional facilities
decry the rush toward punitive policies was rooted primarily in assumptions v. Simmons ruling. “The reality that
have shown a persistent
in the 1990s as a fundamental break about the nature of childhood and the juveniles still struggle to define their
with history, a rejection of the very meaning of justice. During the 1990s, identity means it is less supportable propensity toward shocking
foundations of juvenile justice. How- a simplistic slogan helped shatter this to conclude that even a heinous crime
and sometimes pervasive
ever, a more careful reading reveals long-standing consensus: “Adult time committed by a juvenile is evidence
that the changes actually represented a for adult crime.” This refrain fueled a of irretrievably depraved character.”13 abuses against youth.
continuation and acceleration of trends spate of new laws boosting the number While the Supreme Court outlawed
long apparent in juvenile courts and of youth tried in adult courts and pun- the death penalty for juveniles, it did
correctional systems: too many minors ished in adult corrections systems. not ban life sentences without the pos-
tried and punished as adults; too much Ironically, this “Adult time for adult sibility of parole, a disturbingly popular
reliance on incarceration, often in harsh crime” mantra gained popularity just alternative. Worldwide, 2,388 prisoners
or abusive conditions; pervasive dis- as new empirical evidence was revealing are currently serving life sentences for
parities in the treatment of youth by that it rested on false foundations and crimes they committed before age 18;
race and ethnicity; disproportionate produced negative results. all but 7 are imprisoned in the United
sanctions for minor and predictable mis- Children and adolescents, research- States.14 Given the diminished culpa-
behavior. All of these trends are deeply ers clarified, are not just smaller versions bility of youthful offenders and their
rooted in our juvenile justice history, of adults. New brain imaging research greater potential for rehabilitation,
and the punitive wave of the 1990s only revealed that “the brain systems that these sentences seem almost as difficult
exacerbated them. govern impulse control, planning, and to defend as the death penalty.15
thinking ahead are still developing well Each year now, as many as 200,000
A Compelling Critique beyond age 18.”10 Behavioral studies youth under age 18 are tried in adult
Tragically, virtually all of these “get confirmed that adolescents remain criminal courts nationwide.16 These
tough” practices vio­late what we know far less able to gauge risks and conse- underage defendants may reside in 1 of
about youth development and behavior, quences, control impulses, handle stress, the 13 states that define the maximum
and all are producing worse, rather than and resist peer pressure.11 Finally, research age of the juvenile court’s jurisdiction
better, outcomes for youth, communi- revealed that perhaps the most impor- below 17; they may have their cases
ties, and taxpayers. Together, they have tant difference between adolescent and transferred from juvenile to adult court
helped perpetuate at least six common- adult lawbreakers is that most youthful by judges or prosecutors; or they may
place deficiencies in the operations of offenders will cease lawbreaking as part be transferred to criminal court auto-
our juvenile justice systems. of the normal maturation process.12 matically, based on the severity of their

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Essay

charges. Twenty-nine states now transfer in sex offenses. Enacted in 2006, the fed- adjudicated for violent felonies, whereas training, minimal supervision, no
youth to criminal courts automatically eral Adam Walsh Child Protection and more than 45 percent were guilty only of incentives—that contribute to high
for certain crimes.17 Safety Act requires states to place youth status offenses; probation violations; mis­ rates of turnover in very stressful jobs.
However, recent research on the as young as 14 on a sex offender regis- demeanors; or low-level felonies unrelated But workforce issues are only part of the
impact of “criminalizing delinquency” try if they are found guilty of specified to violence, weapons, or drug trafficking.24 explanation. The disturbing frequency
finds that youth prosecuted and incar- sexual offenses. This law—and many Research shows that reliance on of abuses within youth correctional
cerated in the adult justice system are similar state statutes—applies not only these institutions neither effectively pro- facilities across jurisdictions and over
actually more likely to re-offend—and to predatory offenses, but also to those tects the public nor rehabilitates youth. time begs the question whether these
commit violent crimes—than youth involving consensual sex, public expo- In fact, recidivism stu­dies routinely show institutions are inherently prone toward
retained in the juvenile justice system. sure, or inappropriate touching. Placing that 50 to 80 percent of youth released abuse. The U.S. Department of Justice
In November 2007, the U.S. Centers youth on published registries com- from juvenile correctional facilities are has filed suit to protest conditions of
for Disease Control and Prevent­ion promises core premises of the juvenile rearrested within 2 to 3 years—even those confinement at juvenile facilities in 11
(CDC) concluded: “Transfer of youth court: that youth are less culpable and who were not serious offenders prior to states, and public interest lawyers have
to the adult criminal justice system more amenable to treatment than adults their commitment. Half or more of all litigated conditions in many others.
typically results in greater subsequent and that they need and deserve confi- released youth are later re-incarcerated Even when correctional facili-
crime, including violent crime, among dentiality. Moreover, available evidence in juvenile or adult correctional facilities.25 ties protect their wards from abuse,
transferred youth; therefore, trans­ferring indicates that the vast majority of juve- Meanwhile, cor­rectional confinement research shows that incarceration can
juveniles to the adult system is counter- niles who commit a sexual offense never typically costs $200 to $300 per youth seriously damage youth’s chances for
productive as a strategy for preventing or commit another.21 Meanwhile, research per day, far more than even the most future success. A successful transition
reducing violence.” Equally significant, on the impact of sex offender registries intensive home- and community-based from adolescence to adulthood requires
the CDC study also found no evidence does not show that such registries reduce treatment models. youth to acquire education and skills,
that the threat of transfer to adult court the incidence of sexual offending.22 In addition to their ineffective- build a social network, and develop
either deters youth from committing ness, juvenile correctional facilities have self-discipline and personal auton-
crimes or lowers offending rates.18 2. Indiscriminate and wholesale shown a persistent propensity toward omy. Incarceration undermines young
In addition, youth in adult jails and incarceration of juveniles is shocking and sometimes pervasive people’s opportunities to meet most of
prisons are far more likely to commit proving expensive, abusive, abuses against youth. In California, these challenges. According to a research
suicide, be sexually assaulted, or suffer and bad for public safety. reports surfaced in 2004 showing that network assembled by the John D. and
beatings.19 And, while racial dispari- In most states, the largest portion of the violence was epidemic in state juve- Catherine T. MacArthur Foundation,
ties persist at all stages of the juvenile juvenile justice budget is spent on confin- nile facilities. Some youth were being “Only 12 percent of formerly incarcer-
justice process, they are especially severe ing youth, most often in large correctional isolated as much as 23 hours per day, ated youth had a high school diploma or
in the transfer to adult court and cor- facilities, or in detention centers awaiting while others were locked inside mesh GED by young adulthood…. Only about
rections. Whereas African-American trial or pending placement. On any given cages in their classrooms.26 In Texas, the 30 percent were in either school or a job
youth comprise 16 percent of the total day, nearly 100,000 young people nation- state correctional agency remains in tur- one year after their release…and they are
youth population nationwide and 28 wide are confined in juvenile institutions, moil because of revelations about sexual more likely to be divorced and to bear
percent of all youth arrests, 58 percent residential “treatment” centers, or group abuses of youth by staff.27 Nationwide, children outside of marriage.”29 Because
of juveniles admitted to adult prisons homes by order of a juvenile court.23 13,000 cases of abuse were reported Hispanic and, particularly, African-
nationwide are African American.20 Obviously, certain youth pose seri- in juvenile institutions from 2004 to American youth are severely overrepre-
Another group of youth increas- ous public safety risks and need to be 2007.28 In some cases, such abuses are sented in the correctional population,
ingly subject to lifelong consequences for confined. Many, however, do not: Just 24 the predictable result of shortsighted these life-altering outcomes clearly affect
delinquent behavior are those involved percent of youth confined in 2003 were workforce policies—low wages, poor youth of color disproportionately.

 www.aecf.org The Annie E. Casey Foundation 


Essay

In addition to the 69,000 youth nile justice systems. Surveyed parents vide intensive short-term family therapy
held daily in correctional placements, complained about being excluded from following strict research-driven proto-
another 26,000 youth per night are legal decisions made on their children’s cols. Multidimensional Treatment Foster
confined in juvenile detention centers behalf; alienated from the process by Care temporarily places troubled youth
awaiting adjudication hearings or pend- complex language and court procedures; with specially trained foster families
ing placement in a corrections facility frustrated by the failure of probation while counseling their parents.34 All 3
A successful transition from or residential program.30 Less than officers to reach out and keep them models have dramatically lowered recidi-
one-third of these detainees are charged informed; and disappointed in the lack vism and future incarceration rates in
adolescence to adulthood
with serious violent offenses; two-thirds, of support when youth re-integrate into repeated trials over 20 years. All 3 cost
requires youth to acquire however, are black and Hispanic. Being the community following confinement.32 far less than incarceration and return
detained prior to adjudication increases This failure to engage parents several dollars in benefits for every dollar
education and skills, build
the odds that a young person will be is self-defeating, given developmental spent to deliver services.35
a social network, and develop sentenced to a correctional facility. In psychologists’ consistent findings that
the long run, detention limits young “caring, committed, and supportive 4. The increasing propensity to
self-discipline and personal
people’s educational progress, jeopar- parents…provide a mix of structure prosecute minor cases in the juvenile
autonomy. Incarceration dizes their mental health, and lowers and freedom that facilitates adolescents’ justice system harms youth, with
their future employment rate.31 healthy psychosocial development and no benefit to public safety.
undermines young people’s
their transition to adulthood.”33 For Research indicates that some level of
opportunities to meet most 3. Juvenile justice systems too often example, parental or family involvement delinquent behavior is a normal and
ignore the critical role of families in is critical for youth with mental health predictable part of adolescence, but the
of these challenges.
resolving delinquency. problems, to facilitate consistent par- vast majority of youth grow out of their
Because youth are so influenced by ticipation in counseling and appropriate delinquency without any assistance,
peers, rapidly expanding their personal medication. In addition, parents can intervention, or punishment. Why,
autonomy and asserting their indepen- play crucial roles in introducing their then, have more youth been ensnared in
dence, it is easy to assume that parents children to the labor market, a key mile- the formal justice system in recent years?
and families no longer exert a power- stone in the transition to adulthood. From 1995 to 2004, the national
ful influence on adolescents. Nothing Since 1996, the Center for the juvenile arrest rate for serious property
could be farther from the truth. An Study and Prevention of Violence has and violent crimes declined 45 percent,
overwhelming body of research and examined research on more than 600 and the homicide arrest rate plummeted
experience shows that parents and fami- strategies for preventing and treat- 70 percent.36 Yet, in this same period, the
lies remain crucial and that effectively ing youth violence. Thus far, only 3 numbers of youth adjudicated delinquent,
engaging and supporting parents is ap­proaches aimed at already delinquent placed into secure detention, and senten­
pivotal to successful youth development. youth have been certified as “blueprint ced to probation all grew.37 Clearly, our
Unfortunately, most juvenile jus- models,” meaning that they’ve shown juvenile courts are prosecuting many youth
tice systems are more inclined to ignore, significant positive results in repeated for misconduct that was previously han-
alienate, or blame family members than scientific studies. All 3 interventions dled informally. For example, more than
to enroll them as partners. In a recent work intensively with parents and other twice as many youth were adjudicated for
three-state survey of parents with court- family members, not just with youth disorderly conduct in 2004 than in 1995.38
involved children, many reported feeling themselves. Multisystemic Therapy and One factor propelling this dramatic
blamed or looked down on by the juve- Functional Family Therapy both pro- increase in minor court cases has been

10 www.aecf.org The Annie E. Casey Foundation 11


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“zero tolerance” policies in our nation’s concluded in 2006 that zero tolerance pro­blems), suggesting that schools too
schools.39 Since these policies were policies are associated with more, not often rely on court interventions in
implemented (and police officers were less, misbehavior; and lower, not higher, responding to the behavior problems
deployed at schools to enforce them), academic achievement.43 of students with special needs.46
many courts have experienced sub- Child welfare agencies often termi-
stantial increases in delinquency cases 5. Juvenile justice has too often nate services to adolescents in foster
originating in schools. become a dumping ground for care who get arrested or adjudicated Youth with mental health
Increased reliance on juvenile youth who should be served by delinquent, leading these youth to
problems and learning
courts to address relatively minor mis- other public systems. suffer harsher outcomes than other
behavior is worrisome for three reasons. Youth with mental health problems court-involved teens. In New York disabilities, as well as those
First, though most youth who enter the and learning disabilities, as well as those City, a 1998 study found that following
in foster care or with child
justice system for minor offenses are, at in foster care or with child welfare case arrest, foster youth were more likely to
worst, initially sentenced to probation, histories, are increasingly being steered be detained than other youth.47 In Los welfare case histories, are
they can easily wind up in a juvenile into the juvenile justice system, includ- Angeles, a 2007 study found that youth
increasingly being steered
detention or corrections facility if they ing its secure institutions. These youth from the child welfare system are far
violate probation rules. Nationally, one face higher risks of delinquency related more likely than their peers to be placed into the juvenile justice system,
of every nine youth in juvenile correc- to their disability or disadvantage. in residential facilities following a delin-
including its secure institutions.
tional centers in 2003 was committed For example, though estimates vary quency adjudication.48
for a technical (non-criminal) proba- significantly, research suggests that court- The collective experience of girls
tion violation.40 Second, involvement involved teens are two to three times as provides a powerful case in point regard-
in the justice system can cause lasting likely to suffer mental health conditions ing the ways in which juvenile justice
psychological harm, lowering young as youth in the population at large.44 has become a default repository for
people’s sense of competence and their Yet, the dramatic overrepresentation of low-risk, but high need, children. To
aspirations for the future, and leading high-need youth in the juvenile justice an extraordinary extent, girls in juvenile
them to gravitate more toward deviant system also reflects serious shortcomings justice are likely to be past victims of
peers.41 Third, once youth have a juve- in other child-serving systems and a physical, sexual, and/or emotional abuse.
nile record, even for a minor offense, troubling propensity of those systems Their family histories are often charac-
they are treated more harshly for future to abandon youth to juvenile justice. terized by extreme stress and chaos. An
offenses, increasing the likelihood that As one leading mental health expert alarming percentage suffer mental health
they will spiral deeper into the juvenile recently noted, “During the 1990s, state conditions, ranging from depression to
corrections system.42 after state experienced the collapse of post-traumatic stress disorder (PTSD);
Like so many other strands of our public mental health services for chil- and many use drugs or alcohol to escape
nation’s response to adolescent mis- dren and adolescents…. The juvenile these troubled realities. Girls are far
behavior, zero tolerance policies have justice system soon became the primary more likely than boys to be referred to
affected students of color disproportion- referral for youths with mental health juvenile justice for such behaviors as
ately. And, like so many other juvenile disorders.”45 Similarly, a dispropor- running away or truancy, which, while
policies, the overwhelming evidence tionate share of public school students risky and undesirable, pose primar-
shows that such policies are counterpro- referred to juvenile justice under zero ily personal, rather than public safety,
ductive: After a com­prehensive review, tolerance policies are youth with educa- risks. During the 1990s, girls’ admissions
the American Psychological Association tional disabilities (and related behavior to secure detention rose 50 percent.

12 www.aecf.org The Annie E. Casey Foundation 13


Clearly, many courts are using detention Because they are treated more
to “protect” or provide services to these harshly at each of these stages, African-
girls, even though detention centers were American teens face an immense cumu-
neither designed nor equipped to offer lative disadvantage. Whereas African
meaningful treatment.49 Americans comprise just 16 percent
of the total juvenile population nation-
6. System policies and practices have wide, 38 percent of youth in juvenile
allowed unequal justice to persist. correctional institutions and 58 percent
During adolescence, youth of all races of youth sentenced to prison are African
and ethnicities become involved in American.53 Citing these data, a National
violence, property crimes, and other Council on Crime and Delinquency
delinquent behaviors, with only modest study declared in 2007 that “while equal
differences in the frequency and sever- justice under the law is the founda-
ity of their lawbreaking. Specifically, tion of our legal system, and is carved
confidential youth surveys show that over the entrance to the U.S. Supreme
compared with white youth, African- Court, the juvenile justice system is
American teens commit slightly more anything but equal for all.”54
violent crime (36 percent versus 25 per- Could these disproportionate out-
cent of boys commit at least one violent comes really be just a function of higher
offense by age 17),50 about the same offending rates by youth of color?
amount of property crime, and less drug Analyses over the past two decades have
crime.51 Yet African-American youth are repeatedly discounted this explanation.
arrested at dramatically higher rates than For example, after reviewing more than
white youth for all types of crime and, 150 studies, one leading juvenile justice
once arrested, they are… scholar found “incontrovertible” evi-
dence that racial bias played a part in
n more likely to be detained; the overrepresentation of youth of color
in the juvenile justice system. “The issue
n more likely to be formally charged
is no longer simply whether whites and
in juvenile court;
youths of color are treated differently,”
n more likely to be placed into a locked she wrote. “Instead, the preeminent
correctional facility (and less likely to challenge for scholars is to explain how
receive probation), once adjudicated; these differences come about.”55
Likewise in the mental health, spe-
n more likely to be waived to adult
cial edu­cation, and child welfare systems,
court; and
youth of color fare worse than white
n more likely to be incarcerated youth. They are more likely than their
in an adult prison, once waived white peers to be suspended or expelled,
to adult court.52 and less likely to receive mental health
treatment. And, racial and ethnic

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disparities in child welfare caseloads mean increase the number of youth transferred In light of new evidence on brain
that youth of color suffer disproportion- to criminal court and tried as adults. and adolescent development showing
ately when these agencies fail to sustain They did so based on the assumptions that youth are still maturing as late as
services to their court-involved clients. that trying more youth as adults would their early 20s, some states are consider-
The evidence of disparate treat- reduce crime and that juvenile courts ing legislation to raise the maximum age
ment of youth of color in juvenile were incapable of handling serious youth of juvenile court jurisdiction. Until this
How long would society justice raises a fundamental question: offenders. Today, we know that these year, 3 states (Connecticut, New York,
Would we be prosecuting more youth in assumptions were incorrect. Youth tried and North Carolina) treated all 16-year-
tolerate continued adherence
adult courts, confining them in uncon- and punished as adults are more likely old offenders as adults, while 10 others
to ill-conceived policies and stitutional facilities, disregarding the to recidivate, and laws to transfer more prosecute and incarcerate 17-year-olds
potential power of families to redirect youth to adult courts and corrections similarly. In a major breakthrough,
discredited practices if
their children, and dumping them into do not lead to lower juvenile crime rates. Connecticut raised the age of juvenile
the majority of the juvenile court or detention supposedly to receive Until recently, however, this evi- court jurisdiction to 17 in 2007, joining
treatment if the youth in question were dence had not been sufficient to counter the 37 other states already at this age
justice caseloads were
white and privileged? Conversely, how the conventional wisdom that, politi- limit. Because of Connecticut’s change,
not poor youth of color? long would society tolerate continued cally speaking, revising these punitive nearly 8,000 accused youthful offend-
adherence to ill-conceived policies and policies would be unpopular with voters ers will now be tried in juvenile courts
discredited practices if the majority of and expose elected officials to charges and, if found delinquent and confined,
the juvenile justice caseloads were not of being soft on crime. Fortunately, that placed in juvenile, rather than adult,
poor youth of color? is beginning to change. correctional programs.58 Illinois and
In 2005, the Illinois legislature North Carolina are actively considering
A Road Map for Reform repealed a provision of its laws that similar statutory changes.
Our nation’s current approach to juve- required transfer to the adult system At present, juveniles can be sen-
nile justice is costly, discriminatory, of all youth accused of drug crimes in tenced to die in prison (that is, serve
dangerous, and ineffective. Fortu- or around public schools or housing life without parole) in 42 of 50 states.
nately, alternative policies, practices, projects. The law had shifted hun- In 2006, Colorado changed its laws to
and programs have emerged that have dreds of 15- and 16-year-olds into adult preclude “life without possibility of
the potential to fundamentally remake courts. After public hearings revealed parole” for juveniles. Now, several other
our juvenile justice systems and greatly that two-thirds of these youth were low- states are considering similar reforms.
improve the odds of success for troubled level offenders, and 97 per­cent were Looking forward, every state should
youth. Moreover, most of these alterna- youth of color, the legislature voted embra­ce the evidence and sharply limit
tives have already been implemented unanimously to repeal the mandatory the number of youth transferred to
effectively, providing a clear and com- transfer requirement and allow juvenile adult courts. Like Illinois, states should
pelling road map for reform. court judges to decide when transfer reexamine automatic offense-based
is merited in individual cases.56 Several transfer provisions and either repeal
Implement Developmentally other states, including Arizona, Dela- them outright or at least eliminate those
Appropriate Policies and ware, and Virginia, have also enacted provisions that sweep many first-time
Interventions more limited transfer provisions (e.g., or low-level offenders into the adult
As we noted, virtually every state which offenses are excluded from juve- system. Following the logic applied by
amended its laws during the 1990s to nile court) during the past 2 years.57 the U.S. Supreme Court to ban capital

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Essay

punishment for crimes committed ing and raise their standards for juvenile youth confined in juvenile facilities
before age 18, all states should consider defender services. Optimally, states and have offending histories that imply the
banning life senten­ces without parole for localities should study and emulate the need for locking them up. An analysis
crimes committed by juveniles. Finally, Children and Family Justice Center of more than 50,000 youth in 28 states
given the dire consequences of placing at North­­western University Law during the 1990s, for example, found
youth on sex offender registries and the School, the Neighborhood Defender that just 14 percent had committed seri-
lack of any crime prevention benefits, Service of Harlem, or Boston College ous violent offenses.61 More recently, a Most JDAI sites are now
leaders at both the federal and state lev- Law School’s Juvenile Rights Advocacy study of the District of Columbia youth
better able to identify which
els should either repeal rules requiring Project. These programs offer innova- corrections systems found that—prior
youth to be listed on permanent regis- tive, comprehensive representation for to a major reform effort launched in youth really pose significant
tries or—at the very least—limit these justice-involved youth. 2005—just 17 percent of confined youth
risks, and they are focused
listing requirements to youth who’ve were serious violent offenders.62 Most
committed the most serious crimes Reduce Reliance on Secure important, from Massachusetts and a on results—implementing
of rape or violent sexual assault. Confinement host of other jurisdictions, we now have
policies and practices based
An effective justice system for youth More than 35 years ago, Massachu- proof that detention and corrections
requires more than reducing transfers to setts’ youth corrections commissioner, populations can be reduced substantially on public safety outcomes,
adult courts or raising the age of major- Dr. Jerome Miller, grew convinced that without jeopardizing public safely.
not just political rhetoric
ity. It also demands more vigorous and large secure institutions were inher- The Juvenile Detention Alterna-
comprehensive legal representation. ently abusive and unsafe, damaged the tives Initiative (JDAI) has been the or programmatic hype.
As punishments meted out by juvenile prospects of young wards, and failed Casey Foundation’s flagship juvenile jus-
courts have increased, the stakes for miserably to improve public safety. tice reform initiative for 15 years. Today,
court-involved youth have gotten much Virtually overnight, Massachusetts JDAI is being implemented in half the
higher. And, since adolescents do not released 1,200 confined youth to com- states and the District of Columbia,
have the same capacities as adults, many munity supervision, treatment, and, in in almost 100 local jurisdictions, making
can’t aid in their own defense or under- a few cases, alternative residential care. it the most widely replicated juvenile
stand their rights as adults do. Finally, Subsequent evaluations revealed that justice reform initiative in decades.
many youth in the delinquency court this radical and sudden depopulation Many JDAI sites have dramatically
face legal or administrative issues beyond did not unleash the predicted juvenile reduced the average daily popula-
their delinquency cases. They may be crime wave. In fact, compared to other tion in secure detention, in some cases
in foster care, need special education states, Massachusetts enjoyed equal or by as much as two-thirds. Employ­ing
advocacy, or be at risk of eviction from lower recidivism rates and significantly objective risk-screening instruments,
public housing because of an arrest. reduced public expenditures, years after non-secure alternatives-to-detention
Sadly, as the National Juvenile its secure youth corrections facilities programs, expedited case processing,
Defender Center has documented in were shut down.60 and other strategies, local JDAI sites
recent reports, few jurisdictions provide Given their histories of abuse, high ensure that only those youth who
adequate defense ser­vices for indigent recidivism rates, poor youth develop- pose significant public safety risks are
youth in delinquency courts, much less ment outcomes, and huge expense, detained, and only for the time needed
the kind of holistic, sustained repre- continued heavy reliance on detention to adjudicate their cases.
sentation that these youth need.59 At a and corrections facilities makes little Many JDAI sites have been able to
minimum, states should increase fund- objective sense. Only a minority of redeploy taxpayer dollars from detention

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Essay

facility operations to more positive abusive conditions in these facilities were Increase Reliance on Effective serve an estimated 40,000 delinquent
community-based interventions. In publicly exposed in 2004, many Califor- Community-Based Services and otherwise troubled youth per year.64
Pierce County (Tacoma), Washington, nia counties began to cut back on state A responsible reduction of reliance on However, even in jurisdictions where
for example, county officials closed 50 commitments, with no evidence of sacri- confinement entails the creation of a such programs have been adopted, they
beds in their secure facility and allowed fices in public safety. In 2007, with CYA continuum of community-based youth often remain small-scale pilot projects
the juvenile department to use all of still unable to comply with court-ordered development services and supervision in otherwise unreformed systems.
those funds to finance alternatives-to- reforms and with costs soaring, the gov- options for delinquent youth. Although In addition to these evidence-
detention programs. ernor and state legislature approved a all jurisdictions offer probation, it based programs, an array of other
Detention reform in JDAI sites “realignment” law that precludes state too often amounts to perfunctory non-residential alternative programs
has had a ripple effect on participating commitments for all but those convicted supervision and few positive youth have been implemented over the past
jurisdictions’ over­all use of confinement: of the most serious and violent offenses. development opportunities. Most juris- couple of decades. These include wrap-
As detention use decreased, so did the As a result, by 2010, California’s facilities dictions have some programming, like around services and intensive case
numbers of youth committed to state will hold only about 1,500 youngsters, anger management classes or commu- management and supervision services,
correctional facilities or other out-of- a reduction of 40 percent from 2007 nity service. However, few sites offer such as those conducted in many juris-
home place­ments. For example, Cook levels and of more than 85 percent from an integrated continuum of resources dictions by Youth Advocate Programs,
County (Chicago), Illinois, reduced the the all-time high. The new law provides to ensure that youth are placed in Southwest Key, and North American
number of youth committed to state California counties with nearly $100 mil- programs that improve the odds that Family Institute. Unfortunately, because
confinement from more than 900 in lion per year to support local programs they will desist from delinquency and the lion’s share of juvenile justice fund-
1996 to 400 in 2006, and it slashed the for the youth who will no longer be progress personally. Indeed, in most ing remains committed to institutional
population in group homes and other committed to state institutions.63 jurisdictions, so-called alternative pro- care and traditional probation supervi-
residential treatment centers from a In 2002, Louisiana’s juvenile correc- grams often “widen the net” of social sion, these programs typically operate
monthly average of 426 in 1996 to just tions agency held approximately 1,600 control, rather than responsibly divert at a modest scale, and they have not
10 youth in 2007. youth in juvenile facilities that the U.S. youth from confinement. been subjected to rigorous evaluations.
Most JDAI sites have improved Department of Justice declared were During the past two decades, a vari- Programs alone, however, are
their public safety results while reducing “unlawful” and “endanger the health ety of program models have emerged not enough. Appending even good
confinement. How? They are now better and welfare of the juveniles.” An analy- that effectively expand system options programs to fundamentally unsound
able to identify which youth really pose sis by the Casey Strategic Consulting beyond the traditional mainstays of systems will not work. Alternative
significant risks, and they are focused Group found that many incarcerated training schools or probation super­vision. programs must be supported by smart
on results—implementing policies youth were low risk, that confinement Most notable are the evidence-based decisions, timely case processing, accu-
and practices based on public safety rates varied widely across the state’s programs: Multisystemic Therapy rate information systems, and quality
outcomes, not just political rhetoric parishes, and that youth of color were (MST), Functional Family Therapy supervision. An effective continuum of
or programmatic hype. disproportionately punished. Through (FFT), and Multidimensional Treat- services must be designed strategically.
Recently, a handful of states have a series of reforms, Louisiana reduced ment Foster Care (MTFC). These Alternatives to detention, for example,
sharply reduced their populations in its incarcerated population to only 600 models have consistently produced far should accomplish detention’s main
youth corrections, without any notice- youth in 2006. Though the dislocations better results, such as lower recidivism purposes: maximizing court appearance
able uptick in juvenile crime. California caused by Hurricanes Katrina and Rita and impro­ved school performance, and minimizing pretrial rearrest rates.
is the most noteworthy example. In make impact measurement complicated, than traditional juvenile justice inter- Alternatives-to-incarceration programs
1995, the California Youth Authority there is no evi­dence that the decreased ventions. They are gradually spreading should focus on a broader range of
(CYA) confined more than 10,000 juve- corrections population negatively through state and local mental health goals: addressing mental health and
niles in 11 highly secure facilities. When affected Louisiana’s juvenile crime rate. and juvenile justice systems and now substance abuse treatment needs;

20 www.aecf.org The Annie E. Casey Foundation 21


Essay

fostering academic progress; providing istration for Children and Families also offers reentry seminars and employment
youth development opportunities; and, launched a new Juvenile Justice Initia- opportunities, and provides health and
of course, maintaining public safety. tive in 2007 to steer foster youth facing wellness services as part of its overall
To divert youth from pretrial deten- delinquency charges into evidence-based healing environment. Since its found-
tion, JDAI sites have demonstrated that community programs, rather than cor- ing, CYWD has served several thousand
a simple continuum of home supervi- rectional facilities. Preliminary reports juvenile justice-involved girls in the Bay
A responsible reduction sion, day or evening reporting centers, indicate that fewer than 35 percent of Area. Ninety-two percent of participants
and some shelter beds or foster homes the initiative’s first 275 youth have been in CYWD’s post-release support groups
of reliance on confinement
(for youth who can’t return home) can rearrested or violated probation.66 (known as Sister Circles) did not reenter
entails the creation of a make a big difference. When data analy- Because girls come to juvenile the juvenile justice system.68
ses revealed that many detention beds justice through different pathways and Effective community-based pro-
continuum of community-
were occupied by youth who were not have needs different from boys, provid- gramming is also crucial for youth
based youth development complying with their probation orders, ing effective gender-specific services is returning home following a correctional
Cook County contracted with commu- an increasingly important challenge for placement. Indeed, this “aftercare” period
services and supervision
nity organizations to establish a network community programming today. While is one of acute vulnerability, as youth are
options for delinquent youth. of evening reporting centers to divert still an evolving area of practice, some again exposed to the negative influences
probation violators from detention. The promising models have emerged. One that initially led them astray. Yet, in most
centers are open when youth are most of the earliest and now most experienced jurisdictions, meaningful transition sup-
likely to get into trouble (from 3 pm agencies, PACE Center for Girls, Inc., port is scarce. Experience shows that even
to 9 pm) and are located in high-need uses a strength-based approach and where offered, aftercare services seldom
neighborhoods where many court- reports positive results, including reduced succeed unless they engage families and
involved youth reside. Cook County recidivism and improved school suc- begin well before the young person exits
reports that about 9 out of 10 youth cess, employment, and self-sufficiency. the correctional facility.
successfully complete their evening PACE believes that one secret to its One successful model, Family Inte-
reporting center requirements. success is “understanding the relation- grated Transitions (FIT), serves youth
Since launching Project Zero in ship between victimization and female offenders with substance abuse and
2003, the New York City Department of juvenile crime, then creating a safe, nur- mental health problems in six Washing-
Probation has enrolled more than 1,700 turing environment for these girls.”67 ton state counties. FIT combines the
court-involved youth in new alternatives- PACE offers education, gender-specific evidence-based, family-focused Multisys­
to-incarceration programs, and it has life management skills, and support for temic Therapy model with additional
diverted thousands of misdemeanor strengthening intergenerational ties, outreach and treatment support both for
offenders from formal prosecution in plus 3 years of follow-up services. youth and their families. The program
juvenile court. From 2004 to 2007, the San Francisco’s Center for Young begins working with youth 2 months
number of incarcerated New York City Women’s Development (CYWD) is led prior to release and continues for 4
youth declined 23 percent, and most entirely by young women and works months after release. A 2004 evaluation
youth in the new community supervi- extensively with detained and incar- found that youth who participated
sion programs are remaining crime-free cerated girls. CYWD conducts weekly in FIT were one-third less likely (41
and avoiding subsequent placements. workshops in juvenile hall, provides percent versus 27 percent) to be recon-
Project Zero has saved city taxpayers case management and courtroom advo- victed of a felony within 18 months
$11 million.65 New York City’s Admin- cacy services to those with active cases, of release than youth in a comparison

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Essay

group. The evaluation estimated that keeps youth close to their families it is less likely that the circumstances
FIT saved taxpayers $3.15 for every and allows case managers to engage in detention centers will become dan-
$1.00 invested.69 families from the moment of commit- gerous or unhealthy.
ment, rather than waiting until shortly Another promising approach
Ensure Safe, Healthy, Constructive before discharge (as is the case in many to improving conditions of confine-
Conditions of Confinement states). A series of community-based ment in juvenile institutions involves
No matter how successful the efforts programs, including day treatment Performance-based Standards (PbS). In some jurisdictions, family
to reduce reliance on secure juvenile and proctor homes, allow for gradual Developed by the Council of Juvenile
participation in juvenile
detention and cor­rections facilities or transitions from institutional care Corrections Administrators (CJCA),
to realign juvenile justice systems, there to home life.70 PbS is now being implemented in justice decision making is
will remain some youth, and some With this approach, about 70 per- 184 facilities in 28 states.73 PbS is a
being ramped up, creating
crimes, requiring some period of con­ cent of Missouri’s former wards avoid management tool that provides youth
finement. For those youth, and for the recommitment to any correctional set- corrections administrators with fre- opportunities for system
staff responsible for their custody and ting 3 years after discharge, far better quent feedback on key aspects of
personnel to better understand
care, we have an obligation to ensure than most states, even though Missouri facility operations. It differs from previ-
that conditions inside these facilities spends less per child on youth correc- ous approaches because it focuses on and take advantage of family
meet constitutional requirements. More- tions than most others. Finally, unlike actual performance—what’s going on
strengths in case planning
over, they should be places where none many states, Missouri’s facilities have in the facilities—rather than written
of us would fear for the safety and well- not been the subject of litigation since policies or procedures. PbS tracks key and intervention.
being of our own children, were they the closure of its 650-bed training school indicators, like the use of restraints or
to be incarcerated. more than 25 years ago.71 Based on isolation, to monitor what is happening
Given the dismal record compiled these results, the District of Columbia, to kids and staff behind the walls, and
by juvenile institutions over the past Louisiana, and several other jurisdic- it gives facility administrators tools and
century, claims for their therapeutic tions have begun implementing the encouragement to continually improve
value should always be viewed with “Missouri model.” conditions and programming. In 2004,
skepticism. However, one youth cor- Local detention centers, which hold PbS won a prestigious Innovations in
rections system stands out from the youth for short periods prior to adjudica­ American Government Award from
others—the Missouri Division of Youth tion, face different challenges. To Harvard University’s Kennedy School
Services. All of Missouri’s facilities are improve these facilities, Casey’s JDAI sites of Government.
small, most with fewer than 40 beds, have implemented a “self-assessment”
and feature “normalized” environments: approach that combines high standards, Strengthen and Empower Families
no cells, no uniforms, no shackles or increased transparency, and broad stake- to Help Youth Succeed
handcuffs. Youth workers are highly holder oversight to identify (or prevent) One of juvenile justice’s most self-
motivated and well trained; most have shortcomings in conditions of confine- defeating shortcomings is its disconnec-
a college degree; and each youth is ment.72 This new, localized approach to tion from the families of the youth it
assigned a case manager who oversees monitoring and addressing conditions serves. The majority of juvenile justice
the case from admission through dis- of confinement has yet to be carefully interventions focus only on the young
charge, ensuring continuity of care and evaluated, but its potential seems self- person, ignoring family context. Systems
increased accountability for youth out- evident: If a broader range of interested have long operated as if a 10-minute
comes. The network of regional facilities parties regularly oversee conditions, office visit, twice a month, could

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Essay

influence a child’s behavior more gate the juvenile court and probation In Bernalillo County (Albu- By assigning staff to review new delin-
than family members’ support and systems. Family Partners, all of whom querque), New Mexico, the juvenile quency cases, Project Confirm identified
reinforcement. have had children in the juvenile justice detention center became the de facto foster care youth early in their detention
Fortunately, this situation might system, explain court and probation service venue for youth with serious and took immediate steps to find them
be changing. A growing number of expectations and procedures, conduct emotional and behavioral disorders new placements. As a result, among
jurisdictions are implementing evidence- outreach to commu­nity programs, and because the county lacked treatment those accused of less serious offenses,
based programs (MST, FFT, and MTFC) assist families participating in court alternatives. The situation became so the disparity in detention rates for foster
that focus on the family context, seek- conferences, among other activities. acute that half the youth in detention— care and other youth disappeared com-
ing to modify youth behavior through In Louisiana, parents have orga- including many low-level offenders who pletely.74 In both Tarrant (Fort Worth)
changes in family environment and nized themselves to influence that posed little threat to public safety—were and Bexar (San Antonio) counties, in
relationships. state’s juvenile justice reform agenda. receiving psychotropic medications. Texas, a Child Protect­ive Services liaison
In some jurisdictions, family par- A nonprofit organization—Families Detention director Thomas Swisstack worker is stationed at the local proba-
ticipation in juvenile justice decision and Friends of Louisiana’s Incarcerated mobilized local leaders, who convinced tion office to coordinate services for
making is being ramped up, creating Children (FFLIC)—initiated as part of state officials to amend New Mexico’s youth currently in foster care, as well
opportunities for system personnel to the campaign to close the notoriously Medicaid plan and negotiated with a as those with histories of abuse and
better understand and take advantage dangerous Tallulah Youth Corrections behavioral health managed care provider neglect. They exped­ite release from
of family strengths in case planning Center, conducts outreach to families; to establish an outpatient clinic—the detention when no adult appears to take
and intervention. In Santa Cruz investigates complaints about conditions Children’s Community Mental Health custody of a youth, and they work with
County, California, for example, the of confinement; and, most important, Clinic—where these youth could be court and probation staff to develop
local probation agency is using a form serves as the collective voice of parents served more appropriately. The clinic appropriate service plans for foster
of family conferencing, the Placement who otherwise are rarely heard by is open to all Medicaid-eligible children youth who might otherwise penetrate
Screening Committee, to develop policymakers or system administrators. in the community; however, its great- deeper into the justice system.75
dispositional plans in its most serious FFLIC members routinely testify before est impact has been on court-involved To prevent youth with special edu-
cases. Families identify their (and their government bodies and participate in youth. The mental health services cation needs from being pushed out of
child’s) strengths and issues and discuss reform initiatives like JDAI. They also helped Bernalillo reduce its detention schools as a result of behavioral prob-
victim impact and public safety con- demonstrate; conduct petition cam- population by 45 percent from 2000 lems, the Cook County Circuit Court’s
cerns. Then, families receive lists paigns; and generally agitate as needed to 2006. And the money saved by clos- Juvenile Probation and Court Services
of appropriate resources to develop a to bring attention to abuses, injustice, ing detention housing units previously Department established an Educational
comprehensive plan for their children. or plain old poor practice. devoted to mental health cases has been Advocacy Unit to help parents receive
Santa Cruz personnel report that reallo­cated to sustain the clinic. appropriate individualized education
family-driven dispositional plans are Keep Youth Out of the System Though it remains uncommon, a plans for their court-involved children.
more comprehensive and more likely Far too many youth end up in the juve- number of localities have demonstrated The unit also monitors cases to ensure
to be implemented than staff-driven nile justice system inappropriately or the benefits of effective coordination that schools are complying with the
plans. Between 1996 and 2005, Santa unnecessarily, either because their needs between juvenile justice and child wel- plans as mandated under the Individuals
Cruz reduced state commitments and are not addressed by public systems bet- fare agencies. Before the Vera Institute with Disabilities Education Act.
resi­dential placements by 71 percent ter positioned to serve them, or because of Justice and the Administration for In five Washington state counties,
using this type of innovative family- they are prosecuted for relatively minor, Children’s Services launched Project a legal advo­cacy project called Team-
focused planning. common adolescent misbehaviors. What Confirm in New York City, foster care Child is also reducing inappropriate
Recently, Santa Cruz began hiring can be done to minimize these inappro- youth were far more likely than other referrals to juvenile justice. TeamChild
Family Partners to help families navi- priate referrals? youth to be detained following arrest. staff document the mental health,

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special education, and other needs of nile Court Judge Steven Teske presented
youth at risk of delinquency referrals data to school officials documenting this
and help break down any barriers pre- dramatic caseload growth and demon-
venting them from accessing services. strating how court-involved students
An early evaluation of TeamChild were more likely to recidivate than
found that participants were 20 percent those whose disciplinary problems were
less likely than a control group to be addressed informally. To help school
arrested for a felony by age 25.76 officials respond to student misbehavior,
Clayton County, Georgia, a JDAI the judge offered to place probation
site, employs an interagency planning officers at their facilities and train school
process to reduce court involvement personnel in restorative justice inter-
and pre-adjudication detention for ventions. In 2004, the juvenile court
youth with unmet needs. F.A.S.T. Panels and the schools formally established the
(Finding Alternatives for Safety & School Referral Reduction Program.
Treatment) comprise juvenile court School referrals to the delinquency court
personnel, service providers, and other have decreased by 68 percent since then.
stakeholders, who meet each morning. Finally, though status offenders are
Before detention hearings commence, now far less likely to be prosecuted in
they review the cases of youth appearing juvenile courts, many jurisdictions con-
in court that day and determine the tinue to bring these cases to court and
supervision, services, and supports then detain or incarcerate youngsters
needed to safely release youth from who violate court orders. In Multnomah
secure custody. Parents participate in County, Oregon, for instance, law
these conferences, which helps reveal enforcement officers were bringing
unmet needs and ensure that adults almost 1,400 legally non-detainable
at home are actively monitoring their cases to the local detention center each
children’s behavior. Release rates at year because they had no other place
initial detention hearings doubled once to take them. To remedy the problem,
the F.A.S.T. Panels started, and Clayton a local nonprofit youth-serving orga-
County has reduced its average daily nization worked with the county
detention population by more than Department of Community Justice and
50 percent. police to establish a Juvenile Reception
Clayton County juvenile justice Center. Here, caseworkers, rather than
officials have also worked effectively court or probation personnel, address
with area schools to reduce delinquency these cases. At the Juvenile Reception
referrals. Between 1995 and 2003, Center, youth are reunited with their
school-originated delinquency cases families and referred to appropriate
increased tenfold (from fewer than 100 services, generally without formal court
to approximately 1,100) as a result of intervention. The center’s convenient
zero tolerance policies. Presiding Juve- downtown location enables police

28 www.aecf.org
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officers to quickly return to patrol reviewing system data, disaggre­­gated sites nationwide to help local leaders
duties, freeing them from transportation by race and ethnicity, local leaders analyze data, determine underlying
and supervision of misbehaving youth. identified decision points where racial drivers of disparities, and identify
disparities were prominent and exam- concrete actions to increase cultural
Reduce Racial Disparities ined the underlying poli­cies and competencies and eliminate the
Perhaps the most troubling characteristic practices that might contribute to them. structural causes of disparities.
Far too many youth end up of our nation’s juvenile justice system When structural bias or the exercise In their efforts to reduce racial
is the shameful overrepresentation of of individual discretion placed youth disparities through detention reform,
in the juvenile justice system
youth of color. The problem is perva- of color at a disadvantage, they made JDAI and the Burns Institute have
inappropriately or unnecessarily, sive, and has often seemed intractable. changes, increased quality assurance, learned a key lesson: To eliminate the
Despite two decades of federally funded and introduced positive reinforcement disproportionate representation of youth
either because their needs are
efforts to reduce “disproportionate to emphasize their commitment to racial of color in juvenile justice requires
not addressed by public systems minority confinement” and “dispro- equity. In addition, Multnomah officials disciplined and sustained focus from
portionate minority contact,” most report that determined leadership was a broad cross section of leaders (includ-
better positioned to serve them,
jurisdictions have made little progress critical in breaking the status quo that ing champions of racial justice and
or because they are prosecuted beyond repeated documentation of perpetuated racial imbalances.78 community participants), all committed
the obvious. In Santa Cruz County, California, to reviewing every facet of the juvenile
for relatively minor, common
However, through its participation another JDAI site, Latino youth stayed justice process—and every proposed
adolescent misbehaviors. in JDAI, Multnomah County, Oregon, in detention considerably longer than reform strategy—through the lens of
became the first jurisdiction to produce their white counterparts at the project’s racial equity. What does this mean?
substantial reductions in racial dispari- outset. By examining case processing Implementing data-driven policies and
ties within its juvenile justice system. data, local officials determined that the programs, for example, requires statisti-
When Multnomah began JDAI in the absence of culturally appropriate dis- cal analyses disaggregated by race and
mid-1990s, youth of color were approxi- positional programs for Latino youth ethnicity. Objective screening instru-
mately 30 percent more likely than was causing the delays.79 Once proba- ments must be tested for unintended
white youth to be detai­ned following tion officials had built partnerships with bias. Alternative programs should
a delinquency arrest (42 percent versus Latino organizations to provide relevant be geographically placed to enable
32 percent). By 2000, deten­tion reforms dispositional programming, lengths of participation by youth in segregated
and persistent leadership had reduced stay began to equalize, and the average neighborhoods and operated by cul-
the odds of detention to 22 percent number of Latino youth in detention turally competent organizations able
for all youth.77 dropped from 34 in 1998 to 17 in 2007.80 to relate to distinct populations. Even
Multnomah County’s progress was Efforts to combat racial inequalities conditions of confinement should be
not acci­dental. First, the site rigorously in juve­nile justice got a significant boost examined through this lens lest the
implemented a variety of data-driven in 2002 when longtime juvenile justice staff, services, and physical environment
reforms—such as objective risk advocate and civil rights attorney James of facilities remain alienating and unfa-
screening of arrestees, expedited case Bell established the W. Haywood Burns miliar to the youth in custody. For
processing, and structured responses Institute for Juvenile Justice Fairness example, are there bilingual, bicultural
to pro­bation violations—to eliminate and Equity, to help jurisdictions elimi- staff members? Does the selection of
unnecessary or inappropriate use nate racial disparities in juvenile justice. food, personal hygiene products, read-
of detention. Next, by repeatedly The Burns Institute has worked in 30 ing materials, and program activities

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Essay

reflect the diverse backgrounds of all At the state and local levels, the lousy outcomes on the kids, disowning
confined youth? crucial first ingredients are political responsibility for the policies and prac-
Local officials must also make will and leadership. Genuine progress tices so often at the heart of system
specific changes to ensure that their requires real champions, as well as failures. A results focus can change this
systems are culturally attuned to the a broad commitment from multiple dynamic, but it often requires invest-
youth they serve. Our nation’s popula- stakeholders and agencies. Otherwise, ments in information technology and
tion has grown increasingly diverse, the narrow interests of individual the analytical expertise necessary to use Genuine progress requires real
but the workforce serving those youth bureaucracies and political partisanship data to inform program improvement
champions, as well as a broad
has not changed similarly. Youth for are likely to prevent agreement on and innovation.
whom English is not their family’s goals, strategies, and results. Though the policy, practice, and commitment from multiple
primary language, for example, are Next, leaders must identify a start- program reforms suggested here are
stakeholders and agencies.
disadvantaged when navigating a system ing point for their efforts. The reforms ambitious and complex, they need not
that is not multilingual.81 Santa Cruz presented here would be difficult to be costly. The real challenge in juvenile Otherwise, the narrow interests
County confronted this very problem implement en masse. In participating justice budgeting is not the size of the
of individual bureaucracies and
when it began detention reform. Today, jurisdictions, our own JDAI has dem- investments, but rather the quality.
their probation workforce resembles onstrated the power of an “entry point” For instance, by redeploying existing political partisanship are likely
its client population in race, ethnicity, strategy: Focus on a particular system resources in favor of more cost-effective
to prevent agreement on goals,
and language.82 problem or issue, whose solution strategies that produce better results,
Similar efforts must be made to requires the adoption of principles, many JDAI sites have introduced mul- strategies, and results.
strengthen the legal representation of policies, and practices that can subse- tiple detention reforms without raising
youth. Youth of color are most likely to quently influence other components their total budgets. Many, in fact, have
be represented by understaffed, under- of the system. Indeed, one of JDAI’s saved substantial sums.
paid, and undertrained public defenders. most promising developments has Success in juvenile justice reform
Absent effective legal guardians, teenag- been the momentum it has generated also requires focused efforts to
ers cannot exercise their rights, mount for systemic changes well beyond strengthen the juvenile justice work-
strong cases, or advo­cate effectively for detention reforms. force. Be they probation officers,
alternatives to incarceration. Third, change requires a strength- detention counselors, or public defend-
ened focus on achieving results and ers, juvenile justice workers assume huge
Conclusion on collecting and analyzing the data responsibilities, often without sufficient
After detailing the dire gaps between required to hold systems accountable training, adequate compensation,
evidence and practice in our nation’s for them. In too many jurisdictions, or appropriate supports. We cannot
juvenile justice systems, we have tried juvenile justice systems are not judged substantially improve outcomes for
in the second half of this essay to by the progress of their youth or the vulnerable children and families if
spell out a series of reforms that could safety of communities. Funds and staff we don’t first take the steps needed
advance our nation’s approach to juve- are provided even when youth recidivate to recruit, train, and retain a qualified,
nile justice. The case for each reform is at high rates, facilities remain unsafe, motivated workforce.
compelling, but long lists can often be or children encounter racially disparate While the “action” in juvenile jus-
daunting, and their specifics sometimes treatment. Many jurisdictions do not tice occurs largely at the state and local
mask the larger challenges that real even bother to measure results. When levels, the federal government can and
change poses. Where to begin? they do, sys­­tem officials may blame should make a crucial contribution.

32 www.aecf.org The Annie E. Casey Foundation 33


Essay

Many states and localities lack the finan- federal dollars; ban the use of federal offenders and adult facilities—and
cial resources and technical know-how funds to support models that have been expand efforts to strengthen the
required to embrace needed reforms. proven ineffective; support state and juvenile justice workforce.
They look to the federal government local research and evaluation efforts; Whatever role the federal gov-
for guidance on how best to tackle and encourage all states to measure ernment plays in promoting reform,
juvenile justice challenges. recidivism of youth released from however, the ultimate responsibility
Though the policy, practice, Since youth crime receded and correctional facilities in a consistent lies with the state and local leaders
the September 11th attacks transfixed manner. The federal government should who operate our nation’s juvenile courts
and program reforms suggested
the nation, the federal government’s also study the feasibility of a uniform and corrections systems, along with
here are ambitious and role in juvenile justice has suffered from data collection system to provide juve- their partnering community agencies
inattention and drift. Funding levels nile justice researchers and policymakers and organizations. Only state and local
complex, they need not be
have dropped precipitously; many with information essential to good leaders can seize the opportunities
costly. The real challenge remaining resources have been allocated planning and practice. offered by our new knowledge about
to pet projects, rather than innovative Next, the federal government delinquency and its causes, our new
in juvenile justice budgeting is
programs; and the output of meaningful should promote aggressive efforts to insights into what works and doesn’t
not the size of the investments, new federally funded research has reverse the persistent injustice of dispro- work, and our new understanding
slowed to a trickle. State plans, regard- portionate treatment of minor­ity youth of how to replicate model programs
but rather the quality.
less of logic or outcomes, often fit easily and to reduce the alarming levels of and accomplish major systems reforms.
under the broad umbrella of federal abuse in correctional custody. The Only they can put this wealth of infor-
funding rules. core mandate in JJDPA for states to mation to use and finally, more than
Fortunately, the key federal law “address” disproportionate treatment a century after the founding of the
guiding juvenile justice policy—the should be strengthened and clarified, juvenile court, realize the court’s noble
Juvenile Justice and Delinquency requiring states to analyze each stage vision as a place where youth receive a
Prevention Act (JJDPA)—is due to of the juve­nile court process and measure of justice worthy of the name.
be reauthorized this year, offering a develop corrective action plans to reduce
timely oppor­tunity for political leaders disparate outcomes. Federal legislation Douglas W. Nelson
to rethink and reinvigorate the fed- that currently inhibits litigation over President and CEO
eral government’s role. As they draft conditions of confinement in juvenile The Annie E. Casey Foundation
the reauthorization, legislators should institutions should also be changed. A
expand the federal government’s efforts strengthened federal juvenile justice act
to disseminate evidence about, and might require states to collect and report
encourage state implementation of, data on violent incidents inside youth
effective programs and practices. corrections facilities, submit to outside
Federal funding for juvenile justice monitoring, and adhere to performance-
should be substantially increased, and based standards.
it should be targeted to support suc- Finally, Congress should rein­-
cessful strategies and cost-effective force its commitment to the original
programs. In addition, JJDPA should core protections of the JJDPA—
require meaningful outcome measure- deinstitutionalization of status offend-
ments for all programs financed with ers, separation of juveniles from adult

34 www.aecf.org The Annie E. Casey Foundation 35


Endnotes

1. Data on juvenile arrests, court 6. Feld, B.C., 1999, Bad Kids: 14. Leighton, M. and C. de la 21. Human Rights Watch, 28. Mohr, H., 2008, “13,000 34. Information about all three
referrals, and youth in confine- Race and the Transformation of the Hoya, Sentencing Our Children September 2007, No Easy Abuse Claims in Juvie Centers,” program models is available at
ment taken from the website of Juvenile Court, Oxford University to Die in Prison: Global Law and Answers: Sex Offender Laws in Associated Press, March 2, the website of the University of
the Office of Juvenile Justice and Press. Practice, November 2007, Center the U.S., available at www.hrw. available at www.usatoday. Colorado’s Blueprints for Vio-
Delinquency Prevention, Statisti- for Law and Global Justice, avail- org/reports/2007/us0907/us- com/news/nation/2008-03- lence Prevention Project, www.
cal Briefing Book, available at 7. General Accounting Office, able at www.usfca.edu/law/home/ 0907webwcover.pdf (accessed 02-­juveniledetention_N.htm colorado.edu/cspv/blueprints/
http://ojjdp.ncjrs.org/ojstatbb/ 1977, “Deinstitutionalization Centerfor­LawandGlobalJustice/ 4/18/08). (accessed 4/9/08). index.html (accessed 4/9/08).
index.html (accessed 4/8/08). of Status Offenders,” Statement LWOP_Final_Nov_30_Web.pdf
Data on the number of youth Before the Subcommittee on (accessed 4/8/08). 22. Ibid. 29. Chung, H.L., M. Little, L. 35. The most recent cost-
who process through juvenile Juvenile Delinquency, U.S. Sen- Steinberg, and D. Altschuler, effectiveness analysis by the
detention centers annually is ate Committee on the Judiciary, 15. Amnesty International and 23. The most recent Census February 2005, “Juvenile Justice Washington State Institute for
derived by combining official by William J. Anderson, Deputy Human Rights Watch, 2005, The of Juveniles in Residential and the Transition to Adult- Public Policy finds that MST,
statistics on the number of youth Director, September 27. Rest of Their Lives: Life Without Placement found that 96,655 hood: Policy Brief,” MacArthur FFT, and MTFC yield benefits
initially assigned to pretrial de- Parole for Child Offenders in the youth were confined in juvenile Foundation Research Network of $5.27, $14.69, and $12.20,
tention (taken from the OJJDP 8. Juvenile Arrest Rates by Offense, United States, available at www. residential facilities on a single on Transition to Adulthood, respectively, for every $1.00
Statistical Briefing Book) with Sex, and Race (1980–2006), hrw.org/reports/2005/us1005/ day in October 2003. Sickmund, available at www.transad.pop. of expense. Aos, S., M. Miller,
an experience-based estimate on December 2007, National Center TheRestofTheirLives.pdf (ac- M., T.J. Sladky, and W. Kang, upenn.edu/downloads/chung- and E. Drake, October 2006,
the number of youth placed into for Juvenile Justice, available at cessed 4/8/08). 2005, “Census of Juveniles in juvenile%20just%20-formatted. Evidence-Based Public Policy
detention facilities at later stages http://ojjdp.ncjrs.org/ojstatbb/ Residential Placement Data- pdf (accessed 4/9/08). Options to Reduce Future Prison
of the juvenile court process crime/excel/JAR_2006.xls 16. Fagan, J., A. Kupchik, and book,” available at www.ojjdp. Construction, Criminal Justice
for purposes of assessment, (accessed 4/14/08). A. Liberman, July 2007, “Be ncjrs.org/ojstatbb/cjrp (accessed 30. Sickmund, M., T.J. Sladky, Costs, and Crime Rates, Wash-
short-term confinement pending Careful What You Wish For: 4/9/08). and W. Kang, 2005, “Census of ington State Institute for Public
9. Snyder, H.N. and M. Sick­ Legal Sanctions and Public Safety Juveniles in Residential Place- Policy, available at www.wsipp.
placement in a long-term facility, mund, March 2006, Juvenile 24. Sickmund, M., T.J. Sladky,
or court-ordered detention in Among Adolescent Offenders in ment Databook,” available at wa.gov/rptfiles/06-10-1201.pdf
Offenders and Victims: 2006 Juvenile and Criminal Court,” and W. Kang, 2005, “Census of www.ojjdp.ncjrs.org/ojstatbb/cjrp (accessed 4/9/08).
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and failures to appear in court. Columbia Law School, Public (accessed 4/9/08).
Center for Juvenile Justice. Law Research Paper No. 03-61. ment Databook,” available at 36. Arrest data taken from the
2. Chung, H.L., M. Little, www.ojjdp.ncjrs.org/ojstatbb/cjrp 31. Holman, B. and J. Zeiden- website of the Office of Juvenile
10. “Less Guilty By Reason of 17. Snyder, H.N. and M. Sick- (accessed 4/9/08). berg, November 2006, The Justice and Delinquency Preven-
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MacArthur Foundation Research Offenders and Victims: 2006 25. Chung, H.L., M. Little, of Incarcerating Youth in Deten- available at http://ojjdp.ncjrs.
Adolescents in the Juvenile Network on Adolescent Develop- and L. Steinberg, 2005, “The
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Populations, D.W. Osgood, Dangers­OfDetention_JJ.pdf Kang, 2007, “Juvenile Court
2007, “Effects on Violence of Without a Net: The Transition (accessed 4/9/08). Statistics Databook,” available
E.M. Foster, C. Flanagan, and 11. Brief of the American Laws and Policies Facilitating the to Adulthood for Vulnerable
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3. Rosenbeim, M.K., F.E. 543 U.S. 551 (2005) (No. 03-
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3 (Winter) and Second Chances: Vivona, 1989, “Youth in Prisons cury News, February 3, available
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100 Years of the Juvenile Court: Queenstown, MD, February and W. Kang, 2005, “Census
Giving Kids a Chance to Make and Consequences of the Treat- strikes_legal/lockup_blasted.html and L. Steinberg, 2005, “The
18–21. ment–Custody Dichotomy,” (accessed 4/13/08). Transition to Adulthood for of Juveniles in Residential Place-
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13. U.S. Supreme Court, Roper 27. The Dallas Morning News Justice System: A Developmental www.ojjdp.ncjrs.org/ojstatbb/cjrp
and Family Justice Center. v. Simmons, 125 S. Ct. 1183 20. National Council on Crime has posted links to all of its (accessed 4/9/08).
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(2005), available at www. and Delinquency, January 2007, coverage of the sexual abuse Without a Net: The Transition
5. The Challenge of a Crime-Free supremecourtus.gov/opinions/
Society: A Report By the President’s And Justice for Some: Differential scandal at the Texas Youth to Adulthood for Vulnerable
04pdf/03-633.pdf (accessed Treatment of Youth of Color in Commission on a designated Populations, D.W. Osgood,
Commission on Law Enforcement 4/8/08).
and Administration, February the Justice System, available at webpage, www.dallasnews.com/ E.M. Foster, C. Flanagan, and
1967, U.S. Government Printing www.nccd-crc.org/nccd/pubs/ investigativereports/tyc/ (accessed G.R. Ruth (Eds.), University
Office, Washington, DC. 2007jan_justice_for_some.pdf 4/9/08). of Chicago Press.
(accessed 4/9/08).

36 www.aecf.org The Annie E. Casey Foundation 37


Endnotes

41. Steinberg, L., H.L. Chung, 46. Rosado, L. (Ed.), June 2000, 53. National Council on Crime 62. Reported in “Parties’ Joint 72. The JDAI approach to 78. Ibid.
and M. Little, January 2004, “Special Ed Kids in the Justice Sys- and Delinquency, January 2007, Motion That the Court Ap- improving conditions of confine-
“Reentry of Young Offenders tem: How to Recognize and Treat And Justice for Some: Differential prove and Adopt the Proposed ment is detailed in Burell, S., 79. Santa Cruz’s success is also
From the Justice System: A Young People With Disabilities Treatment of Youth of Color in Amended Work Plan on an “Improving Conditions of documented in both Hoytt,
Developmental Perspective,” That Compromise Their Ability to the Justice System, available at Expedited Basis,” November Confinement in Secure Juvenile E.H., V. Schiraldi, B.V. Smith,
Youth Violence and Juvenile Comprehend, Learn, and Behave,” www.nccd-crc.org/nccd/pubs/ 2007, a court filing submitted Detention Centers,” Pathways to and J. Zeidenberg, 2002,
Justice, Vol. 2, No. 1, available at in Understanding Adolescents: A Ju- 2007jan_justice_for_some.pdf jointly by counsel for plaintiffs Juvenile Detention Reform, Vol. 6, “Reducing Racial Disparities in
http://humanservices.vermont. venile Court Training Curriculum, (accessed 4/9/08). (on behalf of confined youth) Annie E. Casey Foundation, Juvenile Detention,” Pathways to
gov/boards-committees/cfcpp/ American Bar Association Juvenile and defendants (the District of Baltimore, MD, available at Juvenile Detention Reform, Vol.
publications/macarthur/ Justice Center, Juvenile Law 54. Ibid. Columbia) in the ongoing Jerry www.aecf.org (accessed 4/9/08). 8, Annie E. Casey Foundation,
publications/Re-entryof_Young_ Center, Youth Law Center. M. lawsuit. Baltimore, MD, available at
Offenders_From_the_Justice_ 55. Bishop, D.M., 2005, “The 73. Data as of April 2007, as www.aecf.org (accessed 4/9/08);
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Adolescent Pathways: Exploring Juvenile Justice Processing,” in Commonweal Juvenile Justice http://pbstandards.org/aboutpbs. October 2005, No Turning Back:
42. Even when youth aren’t the Intersections Between Child Our Children, Their Children: Program, personal communica- aspx (accessed 4/9/08). Promising Approaches to Reducing
referred to juvenile justice, zero Welfare and Juvenile Justice, PINS, Confronting Racial and Ethnic tion, March 19, 2008. Racial and Ethnic Disparities
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siderable damage. Nationwide, of Justice, available at www.vera. Justice, D.F. Hawkins and K. 64. Dan Edwards, director June 2001, Reducing the Foster Justice System, available at www.
the number of school children org/publication_pdf/pathways.pdf Kempf-Leonard (Eds.), Univer- of operations, Evidence-Based Care Bias in Juvenile Deten- buildingblocksforyouth.org/
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school each year, and more than Investi­gating Child Welfare Bias in essay in Illinois Issues. on the Future of Probation, pdf (accessed 4/9/08). Cruz County (CA), available at
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and Youth Services Review, Vol. 57. “The Accelerating Pace of New York, October 23, 2007, 75. Siegel, G. and R. Lord, June 4/9/08).
who are suspended or expelled Juvenile Justice Reform, Models
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than other youth to become and 49. Sherman, F.T., 2005, “Deten- 4/19/08). grams in Dual Jurisdiction Cases, October 2007, If Parents Don’t
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and incarceration in adult prisons 61. Jones, M.A. and B. Krisberg, 70. Mendel, D., 2003, “Small Is
June 1994, Images and Reality: Beautiful: The Missouri Division Blocks for Youth, October 2005,
from National Council on Crime No Turning Back: Promising
and Delinquency, January 2007, Juvenile Crime, Youth Violence, of Youth Services,” AdvoCasey,
and Public Policy, National Vol. 5, No. 1 (Spring), avail- Approaches to Reducing Racial
And Justice for Some: Differential and Ethnic Disparities Affecting
Treatment of Youth of Color in the Council on Crime and able at www.aecf.org (accessed
Delinquency. 4/9/08). Youth of Color in the Justice
Justice System, available at www. System, available at www.
nccd-crc.org/nccd/pubs/2007jan_ 71. Ibid. buildingblocksforyouth.org/
justice_for_some.pdf (accessed noturningback.html (accessed
4/9/08). 4/9/08).

38 www.aecf.org The Annie E. Casey Foundation 39


States Listed by Overall Rank Based on 10 Key Indicators NH  MN  MA  CT  UT  NJ  ND  IA  NE  VT  WA  WI  HI  ID  VA       ME  OR  KS  MD  NY  RI  CA  PA  IL  SD  WY  MI  CO  MT  OH  AK  MO  DE  IN  FL  NV  TX  NC  AZ  GA  KY  TN  OK  WV  AR  SC  AL  NM  LA  MS
Percent of children living Percent of children in poverty
Infant mortality rate Child death rate Teen death rate Teen birth rate Percent of teens who are Percent of teens not Percent of children
Overall Rank based Percent low-birthweight in families where no parent (income below $20,444 for
(deaths per 1,000 (deaths per 100,000 (deaths per 100,000 (births per 1,000 females high school dropouts attending school and not in single-parent
on 10 key indicators babies: 2005 has full-time, year-round a family of two adults and
live births): 2005 children ages 1–14): 2005 teens ages 15–19): 2005 ages 15–19): 2005 (ages 16–19): 2006 working (ages 16–19): 2006 families: 2006
employment: 2006 two children): 2006
rate rank rate rank rate rank rate rank rate rank rate rank rate rank rate rank rate rank rate rank

United States – 8.2 – 6.9 – 20 – 65 – 40 – 7 – 8 – 33 – 18 – 32 –


Alabama 47 10.7 48 9.4 47 26 42 88 44 50 40 9 41 11 46 36 40 23 41 37 46
Alaska 31 6.1 1 5.9 13 24 34 83 36 37 23 7 27 8 27 42 48 15 16 30 22
Arizona 39 6.9 12 6.9 26 24 34 87 40 58 46 9 41 9 36 32 22 20 36 33 32
Arkansas 45 8.9 38 7.9 37 29 46 94 46 59 47 6 15 9 36 36 40 24 44 35 40
California 22 6.9 12 5.3 6 17 10 60 16 39 26 6 15 8 27 35 37 18 30 31 23
Colorado 28 9.2 41 6.4 18 21 22 60 16 43 32 9 41 8 27 31 18 16 21 28 12
Connecticut 4 8.0 21 5.8 10 14 3 43 4 23 4 4 2 5 2 28 7 11 3 28 12
Delaware 33 9.5 43 9.0 46 18 12 58 15 44 36 7 27 7 18 30 14 16 21 34 36
District of Columbia N.R. 11.2 N.R. 14.1 N.R. 24 N.R. 173 N.R. 63 N.R. 7 N.R. 10 N.R. 46 N.R. 33 N.R. 62 N.R.
Florida 35 8.7 36 7.2 29 22 27 75 32 42 30 8 36 9 36 32 22 17 24 35 40
Georgia 40 9.5 43 8.2 42 22 27 71 31 53 43 9 41 9 36 34 29 20 36 36 45
Hawaii 13 8.2 24 6.5 19 16 6 37 1 36 22 6 15 6 9 35 37 11 3 27 9
Idaho 14 6.7 9 6.1 16 23 31 56 11 38 24 7 27 6 9 31 18 15 16 21 2
Illinois 24 8.5 33 7.4 33 17 10 62 19 39 26 6 15 7 18 31 18 17 24 31 23
Indiana 34 8.3 27 8.0 39 25 38 64 21 43 32 8 36 8 27 32 22 18 30 32 28
Iowa 8 7.2 17 5.3 6 19 15 66 24 33 16 4 2 5 2 27 5 14 13 26 8
Kansas 18 7.2 17 7.4 33 23 31 66 24 41 29 4 2 6 9 28 7 16 21 28 12
Kentucky 41 9.1 39 6.6 21 25 38 83 36 49 38 9 41 10 43 37 45 23 41 33 32
Louisiana 49 11.5 49 10.1 49 34 50 103 49 49 38 11 50 12 48 43 50 28 49 41 49
Maine 16 6.8 10 6.9 26 18 12 63 20 24 6 4 2 5 2 34 29 18 30 31 23
Maryland 19 9.1 39 7.3 31 16 6 66 24 32 14 6 15 8 27 28 7 10 1 32 28
Massachusetts 3 7.9 20 5.2 4 10 2 41 3 22 3 4 2 5 2 30 14 12 5 28 12
Michigan 27 8.3 27 7.9 37 21 22 57 13 32 14 6 15 8 27 35 37 18 30 32 28
Minnesota 2 6.5 6 5.1 2 15 5 49 7 26 7 4 2 5 2 28 7 12 5 25 4
Mississippi 50 11.8 50 11.3 50 33 49 101 48 61 48 10 47 12 48 42 48 30 50 45 50
Missouri 32 8.1 23 7.5 35 21 22 84 38 42 30 6 15 7 18 32 22 19 34 32 28
Montana 29 6.6 7 7.0 28 25 38 87 40 35 21 9 41 8 27 33 27 17 24 25 4
Nebraska 9 7.0 14 5.6 9 22 27 65 23 34 19 5 10 6 9 26 3 14 13 25 4
Nevada 36 8.3 27 5.8 10 24 34 75 32 50 40 10 47 11 46 30 14 14 13 34 36
New Hampshire 1 7.0 14 5.3 6 8 1 55 10 18 1 4 2 4 1 26 3 10 1 25 4
New Jersey 6 8.2 24 5.2 4 14 3 45 5 23 4 5 10 7 18 28 7 12 5 28 12
New Mexico 48 8.5 33 6.1 16 31 48 87 40 62 49 10 47 12 48 38 46 26 48 37 46
New York 20 8.3 27 5.8 10 16 6 45 5 27 8 6 15 7 18 34 29 20 36 34 36
North Carolina 38 9.2 41 8.8 44 21 22 70 30 48 37 7 27 8 27 34 29 20 36 35 40
North Dakota 7 6.4 5 6.0 15 23 31 80 35 30 9 3 1 5 2 24 1 13 11 24 3
Ohio 30 8.7 36 8.3 43 20 18 61 18 39 26 5 10 7 18 34 29 19 34 33 32
Oklahoma 43 8.0 21 8.1 40 28 45 90 45 54 44 8 36 9 36 36 40 24 44 34 36
Oregon 17 6.1 1 5.9 13 18 12 51 8 33 16 7 27 8 27 34 29 17 24 29 18
Pennsylvania 23 8.4 32 7.3 31 19 15 67 28 30 9 6 15 7 18 31 18 17 24 31 23
Rhode Island 21 7.8 19 6.5 19 20 18 39 2 31 12 7 27 7 18 32 22 15 16 35 40
South Carolina 46 10.2 47 9.4 47 25 38 84 38 51 42 8 36 10 43 36 40 22 40 40 48
South Dakota 25 6.6 7 7.2 29 29 46 96 47 38 24 7 27 6 9 29 13 17 24 27 9
Tennessee 42 9.5 43 8.9 45 24 34 79 34 55 45 6 15 9 36 36 40 23 41 35 40
Texas 37 8.3 27 6.6 21 21 22 66 24 62 49 7 27 9 36 34 29 24 44 33 32
Utah 5 6.8 10 4.5 1 22 27 56 11 33 16 6 15 6 9 25 2 12 5 18 1
Vermont 10 6.2 4 6.7 24 26 42 68 29 19 2 4 2 5 2 30 14 13 11 29 18
Virginia 15 8.2 24 7.5 35 19 15 57 13 34 19 5 10 6 9 27 5 12 5 29 18
Washington 11 6.1 1 5.1 2 16 6 53 9 31 12 6 15 7 18 34 29 15 16 29 18
West Virginia 44 9.6 46 8.1 40 26 42 87 40 43 32 8 36 10 43 39 47 25 47 31 23
Wisconsin 12 7.0 14 6.6 21 20 18 64 21 30 9 5 10 6 9 28 7 15 16 28 12
Wyoming 26 8.6 35 6.8 25 20 18 103 49 43 32 7 27 6 9 33 27 12 5 27 9
N.R.= Not Ranked.
Juvenile Justice (age range varies by state unless otherwise noted)

Estimated daily count Rate of detained and committed Ratio of rates of youth Percent of youth in
of detained and committed youth in custody (per 100,000 of color to white* custody for non-violent
youth in custody: 2006 youth ages 10–15): 2006 youth in custody: 2006 offenses: 2006

United States 92,854 125 3:1 66


Alabama 1,752 201 3:1 78
Alaska 363 145 3:1 77
Arizona 1,737 117 2:1 77
Arkansas 813 120 3:1 72
California 15,240 119 3:1 66
Colorado 2,034 152 2:1 56
Connecticut 498 114 8:1 69
Delaware 303 135 7:1 64
District of Columbia 339 294 4:1 63
Florida 7,302 165 2:1 70
Georgia 2,631 145 4:1 62
Hawaii 123 36 N.A. 78
Idaho 522 146 1:1 78
Illinois 2,631 62 3:1 59
Indiana 2,616 183 3:1 74
Iowa 1,062 163 3:1 69
Kansas 1,053 131 4:1 60
Kentucky 1,242 127 4:1 72
Louisiana 1,200 149 4:1 67
Maine 210 33 N.A. 63
Maryland 1,104 81 4:1 67
Massachusetts 1,164 77 5:1 55
Michigan 2,760 137 3:1 66
Minnesota 1,623 127 6:1 65
Mississippi 444 85 3:1 81
Missouri 1,293 128 4:1 67
Montana 243 104 3:1 64
Nebraska 735 169 4:1 81
Nevada 885 147 2:1 77
New Hampshire 189 67 4:1 52
New Jersey 1,704 50 8:1 64
New Mexico 471 47 3:1 76
New York 4,197 133 4:1 63
North Carolina 1,029 82 4:1 59
North Dakota 240 169 4:1 75
Ohio 4,149 143 4:1 61
Oklahoma 924 104 3:1 62
Oregon 1,254 111 2:1 49
Pennsylvania 4,323 138 7:1 72
Rhode Island 348 75 4:1 67
South Carolina 1,320 185 3:1 68
South Dakota
Tennessee
Texas
597
1,419
8,247



373
91
136



5:1
3:1
2:1



77
64
61
CONTACTS
Utah 864 108 3:1 63
Vermont 54 50 N.A. 50
Virginia 2,310 107 4:1 61
Washington 1,455 88 2:1 61
West Virginia 579 123 3:1 69
Wisconsin 1,347 132 5:1 64
Wyoming 315 334 3:1 74
N.A.= Not Available. *Non-Hispanic/Latino
Primary Contacts for State KIDS COUNT Projects

Alabama Linda Tilly Connecticut Judith Carroll


VOICES for Alabama’s Children Executive Director Connecticut Association Director, CT KIDS COUNT Project
(334) 213-2410 ext. 106 for Human Services (860) 951-2212 ext. 240
ltilly@alavoices.org jcarroll@cahs.org
www.alavoices.org www.cahs.org

Alaska Virgene Hanna Delaware Terry Schooley


KIDS COUNT Alaska Project Director University of Delaware Director, KIDS COUNT in Delaware
(907) 786-5431 (302) 831-4966
anvh@uaa.alaska.edu terrys@udel.edu
www.kidscount.alaska.edu www.dekidscount.org

Arizona Dana Wolfe Naimark District of Columbia Kinaya Sokoya


Children’s Action Alliance President and CEO DC Children’s Trust Fund Executive Director
(602) 266-0707 (202) 434-8766
dnaimark@azchildren.org ksokoya@dcctf.org
www.azchildren.org www.dckidscount.org

Arkansas Richard Huddleston Florida Susan Weitzel


Arkansas Advocates Executive Director Center for the Study Director
for Children & Families (501) 371-9678 ext. 114 of Children’s Futures (813) 974-7411
rhuddleston@aradvocates.org weitzel@fmhi.usf.edu
www.aradvocates.org www.floridakidscount.org

California Jessica Mindnich Georgia Taifa Butler


Children Now Senior Policy Associate for Research Georgia Family Connection Director, Public Affairs and Policy
(510) 763-2444 ext. 115 Partnership, Inc. (404) 527-7394 ext. 136
jmindnich@childrennow.org taifa@gafcp.org
www.childrennow.org www.gafcp.org

Colorado Lisa Piscopo Hawaii Marika Ripke


Colorado Children’s Campaign KIDS COUNT Coordinator Center on the Family KIDS COUNT Director
(303) 839-1580 ext. 271 (808) 956-6394
lisa@coloradokids.org marika@hawaii.edu
www.coloradokids.org www.uhfamily.hawaii.edu

44 www.aecf.org The Annie E. Casey Foundation 45


Primary Contacts for State KIDS COUNT Projects

Idaho Linda Jensen Louisiana Teresa Falgoust


Mountain States Group KIDS COUNT Director Agenda for Children KIDS COUNT Coordinator
(208) 336-5533 ext. 246 (504) 586-8509 ext. 117
ljensen@mtnstatesgroup.org TFalgoust@agendaforchildren.org
www.idahokidscount.org www.agendaforchildren.org

Illinois Melissa Baker Maine Mary Milam


Voices for Illinois Children KIDS COUNT Director Maine Children’s Alliance KIDS COUNT Director
(312) 516-5554 (207) 623-1868 ext. 206
mbaker@voices4kids.org mmilam@mekids.org
www.voices4kids.org www.mekids.org

Indiana Gabrielle Campo Maryland Matthew Joseph


Indiana Youth Institute Program Manager Advocates for Children & Youth, Inc. Executive Director
(317) 396-2717 (410) 547-9200 ext. 3009
gcampo@iyi.org mjoseph@acy.org
www.iyi.org www.acy.org

Iowa Michael Crawford Massachusetts Benita Danzing


Child & Family Policy Center Senior Associate Massachusetts Citizens for Children KIDS COUNT Project Director
(515) 280-9027 (617) 742-8555 ext. 5
mcrawford@cfpciowa.org benita@masskids.org
www.cfpciowa.org www.masskids.org

Kansas Gary Brunk Michigan Jane Zehnder-Merrell


Kansas Action for Children President & Chief Executive Officer Michigan League for Human Services KIDS COUNT Project Director
(785) 232-0550 (517) 487-5436
brunk@kac.org janez@michleagueforhumansvs.org
www.kac.org www.milhs.org

Kentucky Tara Grieshop-Goodwin Minnesota Andi Egbert


Kentucky Youth Advocates, Inc. KIDS COUNT Coordinator Children’s Defense Fund—Minnesota Research Director
(502) 895-8167 ext. 118 (651) 855-1184
tgrieshop@kyyouth.org egbert@cdf-mn.org
www.kyyouth.org www.cdf-mn.org

46 www.aecf.org The Annie E. Casey Foundation 47


Primary Contacts for State KIDS COUNT Projects

Mississippi Linda Southward New Jersey Cecilia Traini


Family & Children Research Unit MS KIDS COUNT Director Association for Children NJ KIDS COUNT Coordinator
(662) 325-0851 of New Jersey (973) 643-3876
Linda.Southward@ssrc.msstate.edu ctraini@acnj.org
www.ssrc.msstate.edu/mskidscount www.acnj.org

Missouri Sheila Bader New Mexico Lisa Adams-Shafer


Citizens for Missouri’s Children Interim Executive Director New Mexico Voices for Children KIDS COUNT Program Director
(314) 647-2003 (505) 244-9505 ext. 34
sheilabader@mokids.org ladamsshafer@nmvoices.org
www.mokids.org www.nmvoices.org

Montana Daphne Herling New York Mary DeMasi


Bureau of Business Director New York State Council NYS KIDS COUNT Project Director
& Economic Research (406) 243-5614 on Children & Families (518) 474-6038
daphne.herling@business.umt.edu mary.demasi@ccf.state.ny.us
www.bber.umt.edu www.ccf.state.ny.us

Nebraska Annemarie Bailey Fowler North Carolina Alexandra Sirota


Voices for Children in Nebraska Research Coordinator Action for Children North Carolina KIDS COUNT Project Director
(402) 597-3100 (919) 834-6623 ext. 225
kidscount@voicesforchildren.com alexandra@ncchild.org
www.voicesforchildren.com www.ncchild.org

Nevada R. Keith Schwer North Dakota Richard Rathge


Center for Business Director North Dakota State University Executive Director, ND KIDS COUNT
and Economic Research (702) 895-3191 (701) 231-8621
keith.schwer@gmail.com richard.rathge@ndsu.edu
http://kidscount.unlv.edu www.ndkidscount.org

New Hampshire Ellen Fineberg Ohio Barbara Turpin


Children’s Alliance Executive Director Children’s Defense Fund Ohio KIDS COUNT Project Director
of New Hampshire (603) 225-2264 (614) 221-2244
efineberg@childrennh.org bturpin@cdfohio.org
www.childrennh.org www.childrensdefense.org

48 www.aecf.org The Annie E. Casey Foundation 49


Primary Contacts for State KIDS COUNT Projects

Oklahoma Anne Roberts South Dakota Carole Cochran


Oklahoma Institute Executive Director Business Research Bureau Project Director, SD KIDS COUNT
for Child Advocacy (405) 236-5437 ext. 101 (605) 677-5287
aroberts@oica.org kidscount@usd.edu
www.oica.org www.sdkidscount.org

Oregon Cathy Kaufmann Tennessee Pam Brown


Children First for Oregon Policy & Communications Director Tennessee Commission Director, KIDS COUNT Project
(503) 236-9754 on Children & Youth (615) 532-1571
cathy@cffo.org pam.k.brown@state.tn.us
www.cffo.org www.tennessee.gov/tccy

Pennsylvania Joan Benso Texas Frances Deviney


Pennsylvania Partnerships President and CEO Center for Public Policy Priorities Texas KIDS COUNT Director
for Children (717) 236-5680 (512) 320-0222 ext. 106
president@papartnerships.org deviney@cppp.org
www.papartnerships.org www.cppp.org/kidscount.php

Puerto Rico Nayda Rivera-Hernandez U.S. Virgin Islands Dee Baecher-Brown


National Council of La Raza Senior Research Analyst CFVI, Inc. President
(787) 641-0546 (340) 774-6031
nrivera@nclr.org dbrown@cfvi.net
www.nclr.org www.cfvi.net

Rhode Island Elizabeth Burke Bryant Utah Terry Haven


Rhode Island KIDS COUNT Executive Director Voices for Utah Children KIDS COUNT Director
(401) 351-9400 ext. 12 (801) 364-1182
ebb@rikidscount.org terryh@utahchildren.org
www.rikidscount.org www.utahchildren.org

South Carolina A. Baron Holmes Vermont Beth Burgess


South Carolina Budget KIDS COUNT Project Director Voices for Vermont’s Children Research Coordinator
& Control Board (803) 734-2291 (802) 229-6377
baron.holmes@ors.sc.gov bburgess@voicesforvtkids.org
www.sckidscount.org www.voicesforvermontschildren.org

50 www.aecf.org The Annie E. Casey Foundation 51


Primary Contacts for State KIDS COUNT Projects

Virginia John Morgan


Voices for Virginia’s Children Executive Director
(804) 649-0184 ext. 26
john@vakids.org
www.vakids.org

Washington Lori Pfingst


Human Services Policy Center Assistant Director
(206) 616-1506
pfingst@u.washington.edu
www.hspc.org

West Virginia Margie Hale


West Virginia KIDS COUNT Fund Executive Director
(304) 345-2101
margiehale@wvkidscountfund.org
www.wvkidscountfund.org

Wisconsin M. Martha Cranley


Wisconsin Council KIDS COUNT Coordinator
on Children & Families (608) 284-0580 ext. 321
mcranley@wccf.org
www.wccf.org

Wyoming Marc Homer


Wyoming Children’s Action Alliance KIDS COUNT Coordinator
(307) 460-4454
mhomer@wykids.org
www.wykids.org

52 www.aecf.org

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