Honoring Youth Justice Awareness Month and 50 Years of the JJDPA

Justice Policy Institute
5 min readOct 1, 2024

--

By: Jasmine L. Tyler

Today, we honor the start of Youth Justice Awareness Month and continue our celebration of the 50th anniversary of the Juvenile Justice and Delinquency Prevention Act (JJDPA) — a watershed moment in our nation’s history that forever changed how we treat our children within the justice system. But to truly understand the significance of this legislation, we must look back to a time before it existed and to the research and advocacy that continue to inform the fight for a fairer system.

In the 1960s, two monumental Supreme Court cases — Kent v. U.S. (1966) and In Re Gault (1967) — delivered a message to the nation: children are not adults, and our justice system must recognize this distinction. Before these rulings, children were thrown into the legal system with little regard for their age, development, or potential for rehabilitation. They were often denied due process, locked up without legal representation, and placed in the same facilities as adults. These decisions laid the legal foundation for protecting youth, but as the Justice Policy Institute’s research in our report, The Costs of Confinement, shows, this was only the beginning. The court’s rulings highlighted the need for systemic reform but left many questions unanswered about how to implement it.

Prior to the JJDPA, the reality for many young people in the justice system was grim, as they were routinely detained with adults. According to JPI’s report, Dangers of Detention, kids detained are at higher risk for physical and psychological harm. The lack of legal protections and appropriate services meant that youth who might have benefited from mental health support, education, or community-based alternatives were instead subjected to the harshest penalties. The system was not only failing them — it was, in fact, harming them.

The Supreme Court decisions of the 1960s called for legal protections, but without a clear framework, states were left to their own devices, leading to inconsistent and often devastating outcomes for young people. That is why the passage of the JJDPA in 1974 was so critical. This legislation brought about much-needed national standards and protections for youth in the system, ensuring that every child, regardless of where they lived, had a right to humane treatment and a chance for rehabilitation.

The JJDPA established the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to provide states with guidance, resources, and federal funding to reform their systems. According to JPI’s report Common Ground: Lessons Learned from Five States that Reduced Juvenile Confinement by More Than Half, states like Connecticut, Arizona, Minnesota, Louisiana, and Tennessee successfully reduced juvenile confinement by over 50% through federal support that enabled them to implement evidence-based practices focusing on prevention, intervention, and rehabilitation, rather than punitive measures. Title II grants have allowed states to invest in community-based alternatives, diversion programs, and mental health services — all proven methods to reduce recidivism and create pathways for young people to succeed.

The Act’s core protections are the backbone of modern youth justice reform. The deinstitutionalization of status offenders ensures that children who commit non-criminal offenses, such as truancy or running away, are not unjustly detained in secure facilities. The sight and sound separation requirement protects youth from harmful exposure to incarcerated adults, a practice that JPI research has shown exacerbates trauma and increases the likelihood of recidivism. And the jail removal provision guarantees that youth are not housed in adult jails, except under the rarest of circumstances. These protections are not just bureaucratic requirements — they are lifelines for children who might otherwise be lost in a system that sees them as criminals first and children second.

Yet, despite these advancements, the system remains imperfect, particularly when it comes to racial disparities. The JJDPA introduced the Disproportionate Minority Contact (DMC) core requirement, mandating that states address the overrepresentation of youth of color in the justice system. But as JPI’s extensive research in Improving Approaches to Serving Young Adults in the Justice System has shown, progress has been uneven. Black, Indigenous, and Latino youth are still far more likely to be arrested, charged, and incarcerated than their white peers for similar offenses. These disparities persist despite decades of reform, underscoring the deep-seated racial biases that remain entrenched in our system.

States have made strides in improving youth justice, thanks in large part to the JJDPA and research from organizations like JPI that highlight best practices. Virginia and Hawaii, for example, have used JJDPA funds to bolster diversion programs, expand mental health services, and build community-based rehabilitation models — all of which help reduce recidivism and keep kids out of detention. These successes are proof that when we invest in youth-focused solutions, we can break the cycle of incarceration and give young people the tools they need to thrive.

But it isn’t all perfect — many challenges remain. Compliance with JJDPA requirements can be complex, especially for states with vast geographical areas or numerous facilities. Texas, for instance, monitors over 3,000 facilities to ensure sight and sound separation and jail removal. This is an enormous logistical task, and as JPI has noted in The Costs of Confinement, too much of the funding intended for youth rehabilitation ends up being spent on compliance monitoring instead. States need adequate resources not just to meet federal standards but to develop meaningful, long-term solutions for the children they serve.

50 years later, we know what works — the kinds of reforms championed by the JJDPA: diversion, community support, mental health treatment, and education. On this 50th anniversary, we cannot forget the children whose lives have been saved by its protections, and the work that remains ahead. We must prioritize rehabilitation over punishment, and compassion over condemnation every time. Our children deserve more than a system that simply locks them away. They deserve a system that sees their potential, that invests in their future, and that fights for their second chances.

The JJDPA was a monumental start, but it was never meant to be the end. We must recommit ourselves to the ongoing fight for a juvenile justice system that is equitable, just, and centered on the needs of our youth. Because when we protect our children, when we give them the support they need to grow and change, we invest in the future of our society as a whole.

Call to Action: Support the New JJDPA Reauthorization Bill

As we celebrate the JJDPA’s 50th anniversary, we must also look ahead. There is currently a new reauthorization bill for the JJDPA under consideration that will strengthen its core protections and provide additional resources for states to implement effective youth justice reforms. This reauthorization is crucial for ensuring that we continue building on the progress of the last 50 years and address the remaining gaps. It is imperative that this bill is passed and signed into law to protect our youth, promote safer communities, and advance youth justice reform. Let’s seize this opportunity to reaffirm our commitment to protecting and uplifting our nation’s children.

Thank you.

Jasmine L. Tyler is the executive director of the Justice Policy Institute

Sign up to discover human stories that deepen your understanding of the world.

Free

Distraction-free reading. No ads.

Organize your knowledge with lists and highlights.

Tell your story. Find your audience.

Membership

Read member-only stories

Support writers you read most

Earn money for your writing

Listen to audio narrations

Read offline with the Medium app

--

--

Justice Policy Institute
Justice Policy Institute

Written by Justice Policy Institute

Reducing society’s reliance on incarceration and the justice system. We inform policymakers, advocates and the media about fair and effective justice reforms.

No responses yet

Write a response