Treating Children as Children

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OJJDP on 10/12/2022 by Liz Ryan, OJJDP Administrator

October is Youth Justice Action Month, a national observance underscoring the need for equity in the juvenile justice system and for centering directly impacted youth and their families to advance youth justice. OJJDP is committed to transforming the juvenile justice system to promote the welfare of all youth. Three priorities guide our work: 1) Treat children as children. 2) Serve children at home, with their families and in their communities. 3) Open up opportunities for system-involved youth. My blog posts during Youth Justice Action Month will focus on these priorities and how OJJDP is working to achieve them. The following post focuses on the first priority, Treating children as children.

OJJDP’s vision statement describes our commitment to building “a nation where all children are free from crime and violence” and where youth contact with the justice system should be “rare, fair, and beneficial.” I take those three adjectives—rare, fair, and beneficial—very seriously. Youth contact with the justice system is neither fair nor beneficial if that system fails to treat them as children.

One of my three top priorities as OJJDP administrator is to ensure that we treat America’s children as children, respecting their needs and ensuring they receive developmentally appropriate services. This begins with ensuring that young people who break the law are processed in the juvenile justice system—not adult criminal court. Youth charged as adults are 34 percent more likely to be rearrested than those who spent time in the juvenile justice system, the Centers for Disease Control and Prevention says. Funneling youth into the adult system also exacerbates racial disparities. Studies show that youth of color are more likely than white youth to be prosecuted in adult criminal court and placed in adult jails and prisons, even when charged with similar offenses.

This country still houses thousands of children under the age of 18 in adult jails and prisons. An adult-centered approach is not appropriate for children. Locked up with adults, children don’t get age-appropriate care, therapy, and educational and vocational training. Youth in adult facilities are also held in solitary confinement and suffer physical and sexual abuse at higher rates than their peers in youth facilities, leaving them with lasting trauma. Too many young people never develop the decision-making skills they need to move forward in life.