Looking Back on 2018
As 2018 comes to a close, important reforms are being heralded by child welfare, juvenile justice and criminal justice advocates. Juvenile Law Center works across these three areas and the 2018 reforms taken together provide opportunities for real change if we keep the pressure on to effectuate comprehensive implementation. Favorable legislative and executive agency actions at the beginning and end of 2018 seemed to come about quickly but were in fact the result of years of advocacy by Juvenile Law Center, our colleagues across the country and our partners on both sides of the aisle. Implementation of these achievements in 2019 and beyond will require that same leadership, coalition-building and an array of strategies.
In February, the Family First Prevention and Services Act (FFPSA) was passed, a major child welfare reform package that will also benefit youth in the juvenile justice system, depending upon how states utilize federal dollars on behalf of youth in their care. In December, the Juvenile Justice Delinquency Prevention Act (JJDPA) was reauthorized, followed quickly by the First Step Act — legislation primarily aimed at criminal justice reform but which also included some beneficial provisions for youth in the justice system. The federal Children’s Bureau, a division of the Department of Health and Human Services, finally ruled — after years of advocacy — that child welfare agencies can receive federal reimbursement for the cost of legal representation of children and parents in state or local child protection proceedings.
FFPSA contains a long list of important new provisions including two policy shifts long-championed by advocates. First, the law expands child welfare financing to provide federal reimbursement for services to prevent placement of children outside their homes, and second, FFPSA imposes significant limits on the use of congregate or group care, limiting most group placements to less than two weeks. This last change will be especially beneficial to older youth who are more likely to be housed in group rather than family settings. These important changes underscore the importance of family and community for all children.
JJDPA was last reauthorized sixteen years ago. Since then, youth incarceration rates have dropped by 50%; the 2018 reauthorization should continue that trend. A special thanks to the bi-partisan Congressional leadership that made this happen — Senators Grassley and Whitehouse and Representatives Lewis and Scott. Among the new provisions: greater sight and sound restrictions on youth placed in adult jails awaiting trial as adults, and sharp limits — no more than seven days — on how long children incarcerated for status offenses such as truancy or running away can be incarcerated. While we have long advocated for an end to all confinement of status offenders, this law is a step in the right direction and will continue to reduce the over-use of incarceration. The law also strengthens the requirements to collect data and reduce racial disparities, a core focus of our advocacy. The new law is also in line with the demands of Juvenile Law Center and many advocates to support trauma-informed, evidence-based care; mandates the elimination of restraints on pregnant girls; and includes provisions to improve education services for youth in detention. This year, our Juveniles for Justice and Youth Fostering Change Youth Advocates will develop recommendations to improve the education of youth in detention and in foster care, providing critical guidance for the implementation of the new law.
The First Step Act includes key juvenile justice provisions, including a ban on the use of solitary confinement for youth in federal prisons. Senator Booker championed the ban against solitary confinement, and Congressional leadership will be important as facilities all over the country are assessing their use of this harmful practice. Simultaneously, our Youth Advocates recently released their powerful publication, Broken Bridges, to highlight — through their own personal experiences — the abusive practices youth experience in detention every day. Following our court victory in Wisconsin to end the abusive use of solitary confinement and facilitate the closure of large, state-run correctional facilities, we will continue to work across the country to ban the use of solitary confinement via coalition-building, policy reform and, when necessary, litigation.
At the close of the year, one more important reform was adopted by the Children’s Bureau: states can now receive reimbursement for the administrative costs of legal representation for children and parents involved in the child welfare system. Juvenile Law Center and our colleagues have long fought for federal reimbursement of these expenses. We are already working with colleagues to develop a curriculum to train attorneys in the specialization of representing older youth in foster care. Additionally, our Youth Fostering Change advocates have developed a permanency toolkit to help educate caseworkers and the public about the best way to approach permanent connection to family and caring adults for older youth in the foster care system.
These positive developments occurred despite the ill-informed and racially polarizing rhetoric and actions by President Trump and then-Attorney General Sessions about a false crime wave; in fact, juvenile crime remains historically low. They also occurred in the face of the inhumane and heartbreaking treatment of migrant children and families at our borders. As a result of the Administration’s policy to separate children from their families at the border to dissuade immigration from Central and South America, over 2000 children suffered removal and detention. We joined our partners as amici in support of the ACLU-led case in federal court; while the court halted the practice, over 200 children remain separated from their parents and two have died in custody in the final days of the year.
In 2019, Juvenile Law Center will continue to lead the fight for rights, dignity, equity and opportunity for youth in the justice and child welfare system and partner with our colleagues to ensure that all children in the United States have a healthy and safe 2019.
