Why Keep Kids Out of Court?
When kids go to court, they are treated like adults, despite developmental differences. Minor infractions of the law can lead to years of probation. Low-risk offenders can be placed in detention facilities and sometimes out-of-state group homes. By investing in prevention and early intervention programs that are age-appropriate, youth and communities experience more positive outcomes and greater safety at a far lower cost.
THE FACTS
- When it comes to decision making and problem solving, the adolescent brain works differently than the adult brain. The prefrontal lobe (which regulates thoughts, actions, and emotions) doesn’t fully develop until around age 25.
- The vast majority of young people age out of delinquent behavior without system intervention. Kids need positive support.
- Spending one night in detention is a greater predictor of recidivism than carrying a weapon, gang membership, or poor parental relationship.
- Youth are best served at home, in their community, regardless of the underlying offense.
- Behavioral and mental health issues are exacerbated in detention.
- Community-based programming that is engaged in voluntarily by youth and families is more effective than system-ordered programming.
Keep Kids at Home

In-Home Services vs. Detention
When a youth who is waiting for either a court hearing or treatment placement is confined, this is called detention. Research shows that even a short time in a detention facility can cause lifelong negative consequences. Replacing detention with in-home supervision and programming keeps youth with their families, enrolled in school, and connected with their community.
Research-Based Interventions
During adolescence the human brain is still developing. The prefrontal lobe of the brain doesn’t fully develop until around the age of 25, so children are less like to regulate their behavior, are more susceptible to peer pressure and immediate gratification, and don’t always have the judgment required to make good decisions. Interventions rooted in knowledge about adolescent development, such as encouraging accountability through restorative justice and community service, show promise in decreasing recidivism. These types of interventions can have a positive impact on a child’s life immediately and in the future with improved academic and career success, financial stability, and emotional well-being.


Worth the Investment
Detention of young people is costly and highly ineffective: it harms their physical and mental health, impedes their educational and career success, and puts them at risk for abuse, homelessness, poor health, unemployment, and adult incarceration. Addressing the underlying cause of a child’s behavior is better for public safety and provides long-term benefits for the child’s well-being.
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Community-Based Programs
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Resources
Harms of Detention
Reform
Race
- Henning, The Reasonable Black Child: Race, Adolescence, and the Fourth Amendment, 67 Am. U. L. Rev. 1513, 1531 (2018)
- The Gault Center “Racial Justice Toolkit”
- Harvard Kennedy School “Diversity, Inclusion, & Belonging”
Mental Health & Trauma
Facilities & Shelters
Crossover Youth
Collateral Consequences
Policy
Schools