Juvenile Justice and Youth with Disabilities: Vulnerabilities, Unmet Needs, And Hopeful Approaches

Pacer Center's Juvenile Justice Project was the first in the country to address the issues of mental health and learning needs among offenders. In 1994 PACER Center established a training project on youth with disabilities in the juvenile justice system. The primary goals were to provide information and advocacy to professionals and parents about the right to special education services for young offenders who have disabilities; the relationship between the presence of disabilities and involvement in criminal and delinquent behaviors; characteristics of disabilities commonly seen in young offenders; and promising collaborative approaches. A resource manual, training manual and overheads were developed in 1997, and are available through PACER.

Risk Factors for Delinquency

The presence of a disability is one risk factor among many that may help explain youthful delinquent or criminal behavior. Other factors include experiencing abuse and neglect, family history of mental illness, family member(s) in the justice system, a history of school failure, the impact of racism, and substance abuse.

Historically, the juvenile justice system has been committed to ensuring both rehabilitation for youth and protecting public safety. Because the risk factors for criminal and delinquent behavior are complex and interrelated, achieving a balance is often a challenging and elusive goal. In addition, each of the factors can impact how a child understands and manages his or her disability.

Disproportionate Number of Youth with Disabilities

It is estimated that more than half of the adolescents in correctional settings have one or more disabilities, including emotional, behavioral, learning and developmental disabilities. In some studies of youth in correctional facilities, the rate is as high as 75 percent. The figures are much higher for adolescents in the juvenile justice system than for those in the general population.

In addition to the youth in correctional settings identified with disabilities, there are many other youth who may be disabled but have never been identified as having a disability, have been misdiagnosed, or do not receive the special education services to which they are entitled under the Individuals with Disabilities Education Act (IDEA), the federal special education law.

Importance of Information about a Disability

It is important for juvenile justice professionals to have information about possible or diagnosed disabilities in youth that are referred to the justice system because:

Children may be referred to court for behaviors related to their disabilities that have not been appropriately addressed in school or at home.
Children with certain kinds of disabilities may not understand the charges against them or may be unable to participate in their own defense.
Children who qualify for special education and related services under IDEA are entitled to those services in correctional settings.
Children with disabilities may be sent to correctional programs that cannot address their needs.

Questions that Should be Raised In Court

Has the youth received special education services in school?
Does the youth have a current Individualized Education Program (IEP)?
If so, how will the services listed in the IEP be delivered during any removal from the school program?
Does the youth exhibit behaviors that suggest the need for evaluation to determine whether he or she has a disability?
Are there adults in the youth's life who understand the disability and can provide the kind of support the youth needs?

Responses to Juvenile Crime

Most studies show that the rate of re-offending (recidivism) is high among young offenders. In large measure the response from policymakers, politicians, and the public to increase punishment has been inadequate for the needs of this population.

A comprehensive coordinated approach to meeting the needs of offenders with disabilities should include:

Culturally appropriate screening and assessment for youth entering the juvenile justice system.
A coordinated multi-disciplinary approach for developing appropriate consequences for offenders with multiple or conflicting personal and family challenges.
Outcome-based evaluation and ongoing monitoring of therapeutic and corrections programs that are recommended by the court for offenders with disabilities.
Educational in-services for corrections staff on issues including special education, mental health, cultural competence, family strengths, and positive family and professional interactions.
Greater emphasis on restorative justice, family group conferencing and other innovative alternatives to incarceration for non-violent offenders.
A well planned and supervised collaborative aftercare program focused on youths' attaining and maintaining vocational, social, and academic skills in the home, school and community.