In an article that appeared in the New York Times today, which can be found here, we are once again reminded about how the juvenile justice system both in New York and around the country is ill suited to address the needs of children. This is why many states have begun to embrace the notion that detention for children does not have the goal of punishment as its primary goal. Rather, rehabilitation, education and treatment are becoming and should remain the states' top priorities when addressing young people whose behaviors have put them at risk of long term detention.
When a court is faced with a decision as to whether or not to incarcerate a youth, the governing standard is the "least restrictive alternative" which meets the needs of both the youth and the community. However, up until recent years, when it was fairly convincingly shown that the juvenile justice facilities throughout the State were doing more harm than good, judges often gave little more than lip service to that notion. That is starting to change.
If you are a parent of a child who is facing incarceration, it is incumbent upon you, with the help of your child's attorney, to identify what your child's needs are and to actively seek out community based agencies, mental health providers, after school programs, etc., that are designed to meet those needs. Coming to court prepared with a plan is a vital step to preventing your child from becoming yet another statistic, lost in the bowels of a dysfunctional system.
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