This article is part of Shared Justice’s Transformative Justice series running throughout January and February. The series explores one of the most urgent areas for reform within the juvenile justice system: juvenile probation. Focusing on promising practices in diversion and prevention, including Credible Messenger Mentoring, the series will highlight opportunities for government and civil society to create a juvenile justice system that is more equitable, effective, and restorative.
BY DEBORA HAEDE
Jasmine Jarrell was eight when she entered the foster care system. She was placed in multiple foster family and group homes far away from her hometown and denied access to a phone. After feeling dehumanized by her placements, she left to try to reconnect with her family. Jasmine was arrested and placed in juvenile detention a total of seven times. She wasn’t violent; her only "crime" was leaving her placement or arriving late for group sessions. She dropped out of high school after the police showed up to arrest her at school. She was an honor student. At 16, she was depressed and homeless. At 18, she sought guidance and help from social workers but was told she was too old.
Jasmine’s story illustrates the common overlap between the foster care and juvenile justice systems. When navigating the juvenile justice system, young people like Jasmine, who have already experienced loss and instability, are more vulnerable to deeper system involvement.
DUAL STATUS YOUTH
In recent years, juvenile justice reform has largely been focused on community-based alternatives designed to keep youth at home in their communities while actively engaging and equipping the young person’s entire family. While this holistic approach of engaging young people and their families is essential, it’s also crucial to consider young people who do not have an intact or stable home. Young people in the child welfare system, also known as the foster care system, are an extremely vulnerable population and face a disproportionate risk of being incarcerated, thus creating a correlation that is referred to as the “foster care-to-juvenile justice pipeline.”
Young people who are involved in both the child welfare and juvenile justice systems are legally called “dual status youth.” According to Robert F. Kennedy National Resource Center for Juvenile Justice, approximately two-thirds of the justice-involved youth population has also had contact with the child welfare system.
According to the Juvenile Law Center, about 90 percent of youth who have experienced more than five changes in their foster home placement will come into contact with the juvenile justice system before leaving the child welfare system. Maltreated youth with trauma caused by abuse or neglect within the family or by the insecurity and vulnerability of out-of-home placements are 59 percent more likely to be arrested and 30 percent more likely to commit a violent crime. Children who move from one foster home to another are often forced to change schools, case workers, and neighborhoods, which limits their ability to form lasting friendships with their peers and adults. Placement instability is often a common barrier to a functioning support network as it is less likely for the child to connect with natural mentors like teachers, coaches, and neighbors.
“We need to view the foster care and juvenile justice systems with humility through the lens of the most vulnerable.”
Foster youth experience greater emotional and psychological needs caused by the trauma and instability they have experienced. According to the National Foster Youth Institute, four out of every five youth enter foster care with serious mental health issues including depression, social phobia, substance dependence, or post-traumatic stress disorder (PTSD). Foster youth who are unable to receive adequate emotional support through qualified foster parents and trained social workers are more likely to end up in the juvenile justice system.
Particularly vulnerable to becoming dual system involved are youth of color and LGBTQ youth who are already overrepresented in both the foster care and juvenile justice systems. Black children, for instance, are twice as likely as white children to be placed in foster care and to remain there for longer periods of time. Black youth are five times more likely to be confined relative to white youth for the same crime. Youth of color have greater risk of being involved in the child welfare system and more easily funneled into the juvenile justice system.
LGBTQ youth are also disproportionately represented in the juvenile justice system. Many LGBTQ youth who enter foster care continue experiencing discrimination and bias in the system. The average number of foster care placements for LGBTQ foster youth is twice as high as placements for non-LGBTQ youth. According to a survey, 78 percent of LGBTQ foster youth in New York City were removed from foster care or ran away due to hostility against their sexual orientation or gender identity. The hostility and lack of basic emotional support often leads to involvement in the juvenile justice system.
Dual status youth face more challenges than youth who are not involved in both systems, as they are often younger at the time of their first arrest, experience more intense mental health and substance abuse issues, have higher recidivism rates, struggle more with academic success, and can experience lifelong barriers to employment. The poor outcomes of the juvenile justice system are broader in range and extend deeper into adulthood for dual status youth. A 2015 study from New York City found that 57.1 percent of dual status youth were incarcerated within six years of exiting the system compared to 14.7 percent of youth who were only involved in the child welfare system.
A FAITH-INFORMED PUBLIC JUSTICE PERSPECTIVE
As people of faith, we are called to love and care for children and young adults. We should seek reform and restoration that will address broken systems and enable all of the institutions, including the family, to flourish. We need to view the foster care and juvenile justice systems with humility through the lens of the most vulnerable. Today’s dual status youth are tomorrow’s leaders, and it is up to us to stand alongside and serve them better.
Many juvenile justice reform strategies have rightly been focusing on community-based alternatives designed to keep youth at their homes while actively engaging and equipping their entire family and community. These settings are more effective in building competence and resilience than institutionalized settings. The Center for Hope Family Services’ Family Navigator Program, for example, works to support parents “during court hearings, connect [parents] to social services, and support [them] as [they] communicate with court staff. The program helps [parents] navigate and better understand the juvenile justice system, so that [they] can be in the best position to support [their] child.” Programs like this are essential to promoting the well-being of children and families touched by the justice system. However, as has been explored above, young people with dual system involvement will require more specific wraparound services. Both government and civil society have a role to play in supporting this vulnerable population of young people.
HOW SHOULD GOVERNMENT RESPOND?
Government has a responsibility to uphold public justice and to develop and enact policies and practices that lead to flourishing. Government has a special responsibility to promote the well-being of children within its care during a child’s foster care placement. To better meet the needs of the especially vulnerable population of dual status youth, jurisdictions must better coordinate services between the child welfare and juvenile justice system. While these two systems share many goals and objectives, their different operational and funding structures have made it difficult for them to collaborate. According to a joint policy roadmap by the Children’s Partnership and Robert F. Kennedy National Resource Center for Juvenile Justice, state and local jurisdictions should “adopt policies, protocols, and procedures that promote multi-system collaboration and service coordination.” The two systems can better serve young people if they create mechanisms to effectively identify dual status youth, establish resource and data-sharing systems, adopt standardized practices and training, and increase accountability and reporting. Besides reducing program costs and increasing the variety of services and benefits offered, increased interagency collaboration also reduces overreliance on out-of-home placement and engages youth in the decision-making process.
A local example of this effort can be seen in Lehigh County, Pennsylvania, where the local Juvenile Probation Department and Office of Children and Youth Services established a joint probation officer protocol for shared cases in 2009 after they realized that they were “regularly sharing cases, families, and problems but inconsistently sharing responsibility and resources about the cases.” The absence of coordinated case management often resulted in opposition, inefficiency, and harm to youth and families. The protocol requires an information sharing system, monthly co-visits, regular case discussions, and joint attendance of hearings. This aligned and data-driven process has been ongoing since 2009, bridging the communications gap between the two agencies and providing a coordinated approach to identifying the specific needs of dual status youth without duplicating services.
These systems should also work collaboratively with, and, when appropriate, partner with, civil society institutions such as houses of worship, faith-based organizations, and other community-based organizations. Civil society institutions are embedded in local communities and often know the needs and preferences of young people best. They also are on the front lines serving and supporting foster parents and families. When designing and implementing policies that rely on community-based alternatives to incarceration, it’s essential that civil society institutions are involved.
HOW SHOULD CIVIL SOCIETY RESPOND?
Civil society institutions are often best positioned to create and implement innovative and restorative programming and services for vulnerable young people. One promising practice that has the ability to serve dual status youth well is Credible Messenger Mentoring. Clinton Lacey, president and CEO of the Credible Messenger Mentoring Movement (CM3), explains that we have to “go beyond deescalating situations on the streets to actively helping young people build full-fledged life plans that encompass housing, health, positive outlets and more." Mentors with first-hand experience have the power to transform and empower the individual, their family, and the community. In a nationwide effort to advance evidence-based mentoring practices and community involvement, The Credible Messenger Mentoring Movement (CM3) equips and trains mentors who have previously been involved in the justice system to serve as Credible Messengers. Contrary to the negative outcomes experienced by incarceration, building a support system rooted in community-based resources, like Credible Messengers, provides a sense of belonging and nurturing for young people who may not have consistent, stable role models in their lives.
To prevent further trauma, it is essential for youth in the child welfare system to have qualified and committed mentors who can serve as social connectors. Mentoring programs should emphasize building a stable relationship based on trust, since abrupt terminations of the mentorship can be detrimental to youth who have already suffered a great deal of loss and abandonment. The combination of Credible Messengers’ personal experiences and extensive training provides heightened sensitivity to the youth’s need for consistent support and advice to overcome trust issues. The Credible Messengers mentoring program equips youth by providing meaningful tools to self-regulate behaviors, improving community connections, and increasing local accountability. Youth benefit from positive role models whose stories mirror their own and who have since transformed their lives.
“As Christians, we need to be intentional about adopting a holistic approach to healing the fractures within the systems and lifting up the voices and agency of those with first-hand experience.”
The Bravehearts initiative of The Children's Village, a nonprofit working with at-risk youth in New York, employs Credible Messengers who have been in foster care, were homeless, or were incarcerated. Founded in 2013 by six young adults formerly in foster care, Bravehearts currently has around 150 members. The program holds weekly support meetings in addition to one-on-one mentoring for youth who are touched by the child welfare system and are getting ready to transition into adulthood. Bravehearts aims to utilize shared experiences and foster a non-judgmental space providing guidance and social capital.
Another organization working with this population is reVision Youth, a faith-based organization in Harris County, Texas, that joined together with the Harris County Juvenile Probation Department. reVision Youth recruits mentors and positive peers from 39 partner churches and pairs them with over 300 dual status youth in the region.
People of faith can also serve as Court Appointed Special Advocates (CASA), trained volunteers who are paired with system-involved youth and advocate for their best interest in the court process. Simply showing up for court dates and reassuring youth that they are not alone can have a tremendous impact.
As Christians, we need to be intentional about adopting a holistic approach to healing the fractures within the systems and lifting up the voices and agency of those with first-hand experience. Mentoring programs not only help youth build social connections and recognize their skills but also give them the capacity to give back to their communities one day. Faith-based organizations can serve as tremendous resources by recognizing their community's assets and potential through programs like Credible Messenger Mentoring and CASA. We must make a conscious decision to be a part of the solution by investing in youth, their families, networks, and communities. In systems designed to isolate youth, the Church must take initiative, infuse love, and provide an affirming community.
Debora Haede graduated from Calvin University (MI) in 2020, majoring in International Relations and minoring in Economics. She interned with the Center for Public Justice in 2019, and from 2020 to 2021, she served as its Communications Associate. Her current role is Program Support Officer at the World Evangelical Alliance Sustainability Center in Bonn, Germany.
READ MORE FROM THIS SERIES
Credible Messenger Mentoring: A Movement Poised to Transform Juvenile Justice by Caleb Crary
Leading Justice Reform with Compassion: An Interview with Pastor Angel Maldonado with Katie Thompson and Pastor Angel Maldonado
Transformative Justice: A Conversation with Bishop Darren Ferguson with Yasmine Arrington
Building Community Capacity to Support Justice-Involved Youth: An Interview with Belinda Ramos with Katie Thompson and Belinda Ramos
Promoting Flourishing through Proven Practices: How Credible Messenger Mentoring Incorporates Public Justice and Social Science by Anna Kate Peterson
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