Michigan aiming to reduce seclusion and restraints at institutions that care for children

Philadelphia has made a concerted effort toward reducing the number of youth being arrested in schools. Leadership, including the school police commissioner and district attorney, changed procedures so that youth, instead of getting arrested, are enrolled in diversion programs. While there’s been pushback from some law enforcement, early studies have pointed to a decline in arrests without a decline in safety.

From state to state, officials are grappling with how to improve how children experience the criminal justice system. The process is highly variable – each state varies on the age that children can go to court, and a child’s race also plays a large role in how they’re treated by everyone from law enforcement to judges. States like Massachusetts are trying to pass laws that take a more holistic, transparent approach to juvenile justice, and organizations like their Juvenile Detention Alternatives Initiative are helping parents recognize their power in the system.

"Policing the teen brain" is a training regimen devised by Strategies for Youth that teaches police officers to de-escalate conflicts with adolescents to avoid unnecessary incarceration. Youth detention has dropped significantly since Tippecanoe County put most of its officers through the training. Police learn how to account for teens' lowered impulse control and undeveloped problem solving skills. The county decided to pay for the expensive training because detention, which hits Black youth hardest, can be even more costly – and leave lasting damage in the lives of young people.

Five years after South Dakota replaced a failing, punitive juvenile justice system that emphasized incarceration and probation with approaches focused on rehabilitation and local services for youth, the state's investment has paid off in far lower recidivism, incarceration, and expense. Counties have financial, justice, and moral incentives to follow the evidence of what works and help teens improve their lives. The state also keeps the data needed to track what is working. Neighboring Wyoming does the opposite on all counts, and it has the wrecked lives and high costs to show for it.

A new Juvenile Justice Center that will focus on trauma-informed treatment of children rather than simply jailing them is still more than one year from completion. But, in the years leading to its opening, the county's family courts have cut in half the numbers of children held in detention by emphasizing rehabilitation programs over jail. Many of the services are based on the "Missouri Model" of juvenile justice, which has been shown to reduce incarceration and prevent crime through evidence-based approaches that are more therapeutic than punitive.

After a school in Jefferson Parish gained national notoriety for having an 8th grader sent to juvenile jail for six days for tossing Skittles on a school bus, the area's schools reformed school discipline by adopting a system of mediation and community conflict resolution based on restorative justice principles. In the first year, one middle school's suspensions have dropped by more than half. Racial disparities in school suspensions or arrests have led many other schools to follow a similar path. Success seems to depend on making restorative justice central to the mission, not just a disciplinary add-on.

The Minneapolis school board’s vote to remove police from public schools arose not only from protests over the police killing of George Floyd, but also from a long-term advocacy project to end the so-called school-to-prison pipeline. Local youth activists for years have piggybacked on a national movement to stop the racially disparate practice of criminalizing student misbehavior. A coalition of groups, nationally and in Minneapolis, marshaled evidence of the racial inequity of such policing and the benefits of reinvesting the money saved on police in restorative justice programs and other services.

Since 2007, Connecticut has taken major steps in juvenile justice reform – namely, the ages that youth are arrested or charged as adults. By moving 16 and 17 year olds out of the adult system and into the juvenile justice system, the state has seen a 40% decrease in new juvenile court cases, leading to less stigma and large taxpayer savings. With such success, the state now looks to make further reforms in the juvenile justice system.

The number of youth confined in U.S. detention facilities has dropped by nearly half since 1997, saving money and reducing recidivism. A report by the Justice Policy Institute says this has made communities safer, but that reductions are only among those accused of nonviolent crimes and that racial and ethnic disparities have increased. The report calls for changes, such as repealing state laws on mandatory sentences, offering better probation supervision and creating more diversion options.

New Zealand introduced restorative justice practices for juveniles in their criminal justice system after incredibly high rates of child incarceration and an over-representation of minorities. The practice, in places since the late 80's, includes youth justice councils and limits police arrests. The "overall number of youth arrested, charged, and incarcerated" has fallen, but there is still disproportionate representation of minority groups in the system.