Keep Children with Mental Health Challenges out of the Youth Legal System

Policy Platform

NJJN 11/2/21

Mental health and school systems have failed many children with too few accessible resources available in the community or schools to help them. Children of color, in particular, are criminalized for their mental health challenges, which are compounded with the vestiges of structural racism, including race-related mental and emotional trauma, generational poverty, violence, and school failure, as well as the segregation of housing and deep inequities in jobs, healthcare, and other resources. Instead of support, many youth of color with mental health issues are treated as disciplinary problems and suspended from school and/or are shunted into the youth legal system.

Each year, hundreds of thousands of children are arrested in the United States and thousands are locked up. An estimated two-thirds of youth in detention or correctional facilities have at least one diagnosable mental health issue.

NYJN’s Key Recommendation:

Children should not be funneled into the youth legal system as a result of mental health challenges. Jurisdictions must adequately resource communities and schools to support children’s positive mental health and provide children in need of mental health care with culturally and linguistically responsive, community-based and school-based, trauma-informed, voluntary services rather than criminalizing them.

Download and read our policy platform for the full list of recommendations we believe are necessary to ensure youth with mental health challenges are protected and supported with healing and trauma-informed care.

Download Resource

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