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The Connection Between Juvenile Justice and Disabilities
It is estimated that between 60-75% of the youth in the juvenile justice system have one or more diagnosable disabilities. These can include emotional and behavioral disorders, learning disabilities, and developmental disabilities. The most common diagnoses include Attention Deficit Hyperactive Disorder, (ADHD), Learning Disabilities (LD), Depression, Developmental Disabilities (DD), Conduct Disorder, Anxiety Disorders and Post Traumatic Stress Disorder (PTSC). In many cases the youth are dual-diagnosed. More than half also have a diagnosis of chemical dependence.
Most youth with disabilities will not become involved in delinquent or criminal behavior. The risk factors for delinquency and criminal behavior are complex and may include a history of abuse, poverty, family mental illness, drug use, and school failure. However, among offenders, emotional, behavioral, learning and developmental disabilities are much higher than their incidence in the rest of the population.
The factors associated with the overrepresentation of youth with disabilities in juvenile justice are complex. Besides the high rate of disabilities that are associated with school failure, truancy and delinquency, other known issues include:
- Limited access to effective mental health services
- Inadequate or inappropriate school supports
- Impulsivity
- Poor social skills
- Zero tolerance policies that affect students with disabilities
- Disproportionality
The presence of a disability is never an excuse or rationalization for illegal behavior. Knowledge of, or suspicion about a disability, however, requires that there be more efforts to identify students who may be depressed, angry, isolated, or experiencing harassment or learning difficulties in school. Knowledge about a disability should also raise the following questions by an attorney, probation officer or judge:
- Does this youth understand the charges?
- Did the youth receive special education services in school? If so, does an up to date Individualized Education Program or 504 plan exist?
- Does this youth express behaviors that suggest that further evaluation is necessary?
- Is his family able to understand his disability needs? Have they received assistance in how to parent him or her more effectively?
If no determination of a disability exists:
- Do the youth's behaviors seem to indicate that an assessment is warranted?
- Do school records show a pattern of academic and behavioral school difficulties?
How have these problems been addressed in the past?
There are no simple formulas for reducing criminal behavior. Research consistently demonstrates that collaborative interventions that address needs at school, in the home and in the community can reduce the risk for involvement in delinquent or criminal behaviors. Many youth can benefit from:
- Identification of and attention to disability needs
- Programs that promote self-awareness, academic, vocational and social skill building and competencies, and strategies to reduce impulsive and inappropriate behavior.
- Family-based interventions that increase awareness of disability characteristics and needs and problem solving and child management skills. Where family support is not available, similar efforts should be made with foster parents, surrogate parents and mentors.
PACER's site offers many PDF files for download, which require 
