Juvenile Justice Changes in Federal Law

Published for NC Criminal Law on March 26, 2019.

The Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) is the central federal law that establishes core requirements for state juvenile justice systems. 34 USC §111. In return for compliance with these core requirements, the statute authorizes federal funding for states to use in their juvenile justice systems. The JJDPA expired in 2007 and was recently reauthorized in the Juvenile Justice Reform Act of 2018. Public Law No 115-385. The reauthorized statute made several significant amendments to the JJDPA. In this blog post I will discuss three of the highlights: a new focus on evidence-based and promising programs and practices, changes in the disproportionate minority contact core requirement, and new requirements regarding identification and treatment of mental health and substance use disorders. Evidence-Based and Promising Programs and Practices The Juvenile Justice Reform Act added the following new purpose to the JJDPA: “to support a continuum of evidence-based or promising programs (including delinquency prevention, intervention, mental health, behavioral health and substance abuse treatment, family services, and services for children exposed to violence) that are trauma informed, reflect the science of adolescent development, and are designed to meet the needs of at risk youth and youth who come into contact with the justice system.” 34 U.S.C. §11102 (4). The amendments also provide new statutory definitions for the terms evidence-based and promising. According to these definitions, a program or practice is evidence-based if it: is demonstrated to be effective when implemented with fidelity; is based on a clearly articulated and empirically supported theory; [...]