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Deinstitutionalization of Status Offenders (DSO) Facts and Resources

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Deinstitutionalization of Status Offenders (DSO) Facts and Resources Deinstitutionalization of Status Offenders (DSO) Facts and Resources Who are status offenders? youth’s probation or release – this number undoubtedly increases.iv Every day across the United States and its territories, thousands of children and teens One‐day Residential Placement Population Count are placed in locked confinement because for Status Offenses, United States, Feb. 22, 2006 they have been charged with “status Placement Status offenses.” Status offenses are acts that are Total Committed Detained Diverted not deemed criminal when committed by Offense 4,717 3,635 836 240 adults, but carry juvenile court sanctions for Runaway 894 574 230 85 youth because of their legal status as Truancy 863 709 135 18 minors. Commonly charged status offenses Incorrigibility 1,917 1,586 250 81 include truancy, running away, curfew Curfew viol. 96 68 18 10 violations and behaviors that are Alcohol 524 396 102 26 considered ungovernable and/or Other 423 302 101 20 incorrigible or beyond the control of one’s parents. The actions associated with status offenses Although national data on juvenile status are seldom isolated incidences and instead offenses are limited, the most recent are often manifestations of underlying statistics illustrate areas where changes in personal, familial, community and systemic policy and practice are needed. Court issues, as well as other unmet and petitioned status offense cases increased by unaddressed needs. While certain factors i almost 30% between 1995 and 2007. In reverberate through all categories of status 2007 alone, an estimated 150,700 status offenses, others are particular to a certain offense cases were petitioned in juvenile offense. In addition, issues that underlie courts; of these, 13,000 involved locked status‐offending behavior are especially confinement of the youth at some stage acute for adolescent girls.v Research between referral to the court and reveals gender disparities in petitioned ii disposition. The most recent data from status offense cases, with girls being the Census of Juveniles in Residential disproportionately detained; a recent study Placement show that more than 4,700 shows 61% of all petitioned runaway cases status offenders were held in residential are girls.vi Further, girls serve twice the placement centers on the census date in length of detention time for status offenses iii 2006. However, when coupled with the as compared to boys.vii number of status offenders held for technical violations – or behaviors that are For these reasons, an individualized not new offenses, but violations of a approach, premised on preventing 1710 Rhode Island Avenue, NW • 10th Floor • Washington, DC 20036 (202) 467-0864 • (202) 887- 0738 Fax • [email protected] • www.juvjustice.org 2 institutionalization, is necessary when chooses not to come home when addressing the needs of youth charged with expected.x Youth who run away often status offenses. Thus, it is the position of suffer from turmoil at home that may the Coalition for Juvenile Justice (CJJ) and include physical abuse, sexual abuse, many other professional organizations in and/or neglect.xi Poverty and troubled the fields of juvenile justice, child welfare family dynamics are typically associated and delinquency prevention that the with their backgrounds.xii juvenile justice system’s response to status offenses should differ from responses to Ungovernable/Incorrigible Youth: delinquent and criminal offenses, and in all Best described as youth who have defiant cases be keyed to the developmental relationships with their parents and family differences of children, teens and adults. members, youth considered to be “ungovernable” often struggle with What are the Most Commonly Charged emotional, social and interpersonal issues Status Offenses? that may be compounded when a parent does not possess the ability to deal with the The most common status offenses include misbehavior in a healthy fashion.xiii Their missing school, running away from home, behavioral problems may stem from foster care or other placements, and disorders such as Attention Deficit parents relinquishing youth to the courts Hyperactivity Disorder (ADHD) or because they are not sure how to manage Oppositional Defiant Disorder (ODD).xiv their children’s behaviors. Additionally, there are state statutes and Chronic Absenteeism/Truancy: local ordinances that lead children and Chronic absenteeism/truancy is broadly youth to be charged with other types of defined as youth who habitually miss status offenses, including curfew and school. While the number of days a youth loitering violations and prohibitions against must miss before being considered truant possession of firearms, tobacco and/or varies by jurisdiction, researchers have alcohol by youth under the legal age as noted common circumstances such as defined by the jurisdiction. homelessness and transitory lifestyles, poverty, and neglect and abuse may lead a Harm of Institutionalization child to become truant.viii School and interpersonal factors may also play a part, While locked confinement may be a valid including poor relationships with teachers response to delinquent behavior in very and peers, fearfulness of attending school, limited circumstances, incarcerating youth inappropriate academic placement or charged with status offenses in support, and low self‐esteem.ix secure/locked facilities is both dangerous and ineffective. Running Away: A runaway is defined as any youth who, Prior to the 1970s, conventional wisdom without permission, leaves home and stays advocated for the institutionalization of away overnight, or, if away from home, status offenders as a means to keep them 1710 Rhode Island Avenue, NW • 10th Floor • Washington, DC 20036 (202) 467-0864 • (202) 887-0738 Fax • [email protected] • www.juvjustice.org 3 safe and reinforce “good” behavior. In the understaffed facilities—environments that 1970s, with the passage of the federal can breed violence and exacerbate unmet Juvenile Justice and Delinquency Prevention needs.xvii In addition, nearly 20% of Act, state and local jurisdictions began to detained status offenders, as well as youth deinstitutionalize status offenses, with who have been charged with technical youth being referred to a variety of violations of probation and non‐offending community services. children who are detained in “protective custody” as victims of child abuse and By the mid‐1980s, critics began to argue neglect, are placed in living units with youth that deinstitutionalization was ineffective, who have killed someone.xviii citing the need for tough responses to all forms of youthful misbehavior, and Protecting Status Offenders: The Juvenile asserting that runaway and truant youths Justice and Delinquency Prevention Act needed to be more tightly controlled.xv (JJDPA) Thus, the policy again shifted toward institutionalization, undoubtedly leading to In 1974, Congress passed the Juvenile the previously‐cited sharp increase in court‐ Justice and Delinquency Prevention Act petitioned status offense cases between (JJDPA) to provide a set of uniform 1995 and 2007. standards of care and custody for court‐ involved youth across the U.S. states, Research, however, reveals that locked territories, and the District of Columbia confinement is not an evidence‐supported (“the states”). best practice for court‐involved youth, especially status offenders. The JJDPA sets forth four core Institutionalization’s many harms begin requirements, or protections, with which with removing youth from their families and states must comply in order to be eligible communities, which prohibits youth from for federal juvenile justice funding under developing the strong social network and the statute. States who voluntarily choose support system necessary to transition to comply with the JJDPA also receive successfully from adolescence to training and technical assistance from the adulthood.xvi Further, for youth who have federal Office of Juvenile Justice and committed status offenses, detention is ill‐ Delinquency Prevention (OJJDP). In equipped to address the underlying causes addition, OJJDP is charged with monitoring of the initial status offense, and fails to act state compliance with the JJDPA and as a deterrent to subsequent status‐ providing guidance to the states on how offending behavior. best to prevent delinquency and improve their juvenile justice systems. In addition, placing youth who commit status offenses in locked detention facilities The Deinstitutionalization of Status jeopardizes their safety and well‐being, and Offenders (DSO) core requirement of the may actually increase their likelihood of JJDPA provides that youth charged with committing unlawful acts. Often, detained status offenses, and abused and neglected youth are held in overcrowded, youth involved with the dependency courts, 1710 Rhode Island Avenue, NW • 10th Floor • Washington, DC 20036 (202) 467-0864 • (202) 887-0738 Fax • [email protected] • www.juvjustice.org 4 may not be placed in secure detention or few states, however, frequently use the locked confinement. This provision seeks to VCO exception to lock up youth charged ensure that youth who have not committed with status offenses. According to 2007 a delinquent or criminal offense are not compliance data compiled by OJJDP, held with those who have and instead, Kentucky, Texas and Washington accounted receive the family‐ and community‐based for 60% of the VCO exceptions invoked that services needed to address and ameliorate year.xix the root causes of
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