One State Is Disrupting the Pipeline from Foster Care to Jail

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.

New York City's child welfare agency is trying once again to combat its "reputation for unjustly targeting low-income families of color" by piloting child care centers that are set up to help families feel respected and prepared to succeed. Although the impact of these programs is not yet clear, the approach is informed by past failures to deal with the systemic oppression that the agency has perpetuated.

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.

The Safe Babies program model trains judges to oversee foster-care cases with the goal of fixing the problems that led social workers to remove young children from their homes. Operating swiftly, so that babies do not lose precious weeks and months apart from their parents at a critical time, programs like Best For Babies in Pierce County, Washington, put teams of medical and mental health experts on a case. Nationwide, the program used in 30 states makes family reunification much more likely and rapid, with healthier parental attachments and child development.

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.

Alarmed that child-welfare officials failed too often to prevent abuse within families, Florida responded six years ago with a crackdown that reversed official policy favoring preserving families if possible. But removing far more children from their homes backfired with an overwhelmed foster-care system unable to detect more child abuse in foster homes. Children were sent to homes with foster parents who were known to pose child-abuse risks. The state failed to hire enough caseworkers and failed to address the family problems that led to the abuse in the first place.

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.

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.

Uganda has sub-Saharan Africa’s only government-run child helpline--a free way for children to report physical, emotional, and sexual violence perpetrated against them. Police are supposed to work with probation officers to investigate the situation and connect children with medical and legal help. However, resource shortages remain, and some health workers refer victims to private clinics to make more money.

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.