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UCLA Scholars Earn Contract to Re-Envision Care for Young People in the Juvenile Legal System

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Two UCLA professors will help California create standards of care for young people moved to county-run programs after the closure of the statewide juvenile prison system. With a three-year, $1 million contract from California Health & Human Services’ new state Office of Youth and Community Restoration, Laura Abrams of UCLA Luskin Social Welfare and Elizabeth Barnert of the UCLA David Geffen School of Medicine will help design a program called Stepping Home. Its aim is to provide a suite of services and support for youth held accountable for serious crimes so that they may successfully rejoin their communities as thriving young adults. “We are working as consultants to the state to create and implement a more ideal, less harmful youth justice system,” said Barnert, who specializes in pediatrics. A state law enacted in 2020 led to the closure of California’s troubled juvenile corrections facilities, with hundreds of young people moved to their home counties to join camps, ranches and other supervised living arrangements. During this transition and into the future, Stepping Home will provide a framework of care that prioritizes community safety and creates an environment of healing, accountability and rehabilitation. Services will include physical and mental health care, educational and vocational programs, life skills training and gang intervention. The program will also promote evidence-based assessment tools for judges, probation officers, behavioral health providers, educators and community leaders so that they can partner with young people and their families to design effective individualized plans. Abrams and Barnert are longtime research collaborators whose work was recognized with a UCLA Public Impact Research Award in 2022.

 

 

Culture of Probation Must Change, Leap Says

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In a recent Los Angeles Times article, Adjunct Professor of Social Welfare Jorja Leap weighed in on Los Angeles County’s proposed plan to move juvenile offenders to a probation camp in a remote area of Malibu. The proposal has prompted a larger debate about what the county’s youth justice system should look like. Five years ago, Leap co-authored a brief endorsing a therapeutic approach to juvenile rehabilitation in response to the opening of Kilpatrick, a juvenile detention facility that was envisioned as a more humane approach to juvenile justice, with smaller dorms instead of the military-style barracks found at other probation halls. Leap spoke to the Los Angeles Times about the resistance from some officials at the Probation Department who have stalled progress with their unwillingness to let go of the “get tough” approach of the past. “The real problem is that that promise of trauma-informed care … has not been completely fulfilled,” said Leap. “The culture of Probation must be changed.”

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Leap Calls for Accountability Among Probation Authorities

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Adjunct Professor of Social Welfare Jorja Leap spoke to Witness LA about a lawsuit against Los Angeles County regarding a teenage boy who was allegedly administered estrogen as a behavioral control while in juvenile hall. After a physical examination while in detention, the boy, then 16, was reportedly prescribed estradiol, a form of the female hormone estrogen, to make him less aggressive, all without his parents’ knowledge or permission. The article noted that the case further supports the need for funding the independent Probation Oversight Commission (POC). As a co-author of the L.A. County Probation Governance Report and a proponent of the POC, Leap was disturbed by the implications of the lawsuit. “These troubling developments point to the need for real oversight with power to hold probation — and those from other county agencies who work inside probation’s facilities — fully accountable when they harm those in their care,” she said.

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Leap on Plan to Step Up Oversight of Probation Department

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Adjunct Professor of Social Welfare Jorja Leap spoke to KPCC about the proposed creation of an independent commission to oversee the Los Angeles County Probation Department. The plan would give commissioners wide latitude to investigate policies and practices of the department, whose juvenile detention system has come under scrutiny after reports of sexual assaults and excessive use of pepper spray, as well as attacks on detention officers. The commission, which must be approved by the L.A. County Board of Supervisors, would include a former juvenile detainee and the parent of a detainee. Leap commented, “They have an expertise — and I do mean an expertise, I am not using that word lightly — and a perspective in terms of the system that absolutely no one else has.” She pointed to past difficulties in getting information and clarification about the department’s practices. If approved as proposed, the new oversight body would be given the power to subpoena information.

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UCLA Researchers Seek Juvenile Justice Alternatives for Children Under 12 UC study indicates that a minimum-age standard is needed to protect California children from prosecution in the juvenile court system

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By Stan Paul

Dr. Elizabeth Barnert, left, and Laura Abrams. Photo by George Foulsham

Although Laura Abrams and Dr. Elizabeth Barnert come from opposite ends of the UCLA campus, their work in their respective academic professions meets at the intersection of health and juvenile justice.

A recent University of California study led by Abrams, professor of social welfare in the UCLA Luskin School of Public Affairs, and Barnert, an assistant professor of pediatrics in the David Geffen School of Medicine at UCLA, offers a powerful rationale for shielding children 11 years old and younger from prosecution and incarceration in the state’s juvenile justice system.

“Children in the juvenile justice system literally meet the definition of children with special health care needs,” said Barnert, who worked with Abrams as members of a team affiliated with the University of California Criminal Justice and Health Consortium. Prior to their study, which was recently published in International Journal of Prisoner Health, the issue in California was not on anyone’s radar, they said.

“Kids in conflict with the law are kids that typically have unmet health needs. We see a lot of undiagnosed depression, ADHD and learning disabilities — or absentee parents who can’t support their children due to working three jobs, deportation, imprisonment or substance abuse,” Barnert said. “When we prosecute these children or lock them away, we’re putting them in a system that traumatizes them further and often makes their problems worse.”

The UCLA study brought together UC experts from social welfare, medicine, psychology and psychiatry, law and criminology, as well as community partners from organizations such as the Children’s Defense Fund-California and the National Center for Youth Law.

“Our findings provide a rationale for why California should have a minimum age for entering the juvenile justice system and why children 11 and younger should be excluded,” Barnert said. “The study recommendations are based on international human rights standards, guidelines from organizations like the American Academy of Pediatricians, and medical evidence that children’s brains do not fully mature until their mid-20s.”

Added Abrams: “The United Nations Convention on the Rights of the Child has established a standard on children in conflict with the law. The convention states that every country should have a minimum age of criminal responsibility, or what we refer to as a minimum age of juvenile justice jurisdiction. The United States does not have this type of law at the federal level, however, so it is up to the states to determine.”

Abrams pointed out that protections for minors already built into current state law are based on the capacity or the intent to commit a crime, as well as the competency to stand trial. California’s 58 counties, however, set many of their own juvenile probation standards. Therefore, “there’s no way to insure, without a minimum-age law, that state laws around capacity and competency are being implemented fairly and without geographic or racial disparities. There is no statewide oversight of these mechanisms for protecting children,” Abrams said.

Findings and recommendations from the UC study and related policy briefs prepared by the researchers include:

  • Children should be held less culpable under criminal law, given their expected developmental immaturity, as repeatedly recognized in recent U.S. Supreme Court decisions.
  • Children have a diminished capacity to make intentional decisions regarding participation in crimes or to understand that an act was morally wrong.
  • Children have less developed abilities to understand court proceedings and meaningfully participate, emotionally or cognitively, in working with attorneys to wage their own defense.

California currently has no law that specifies a minimum age for prosecuting and imprisoning minors. But a new state senate bill, SB 439, which incorporates the research and recommendations in the UC study, would change that by amending sections 601 and 602 of the California Welfare and Institutions Code related to juvenile court jurisdiction. In particular, the bill would substitute current references to “any person under 18 years of age” with language specifying individuals “ages 12 to 18.”

In its first hearing on April 4, the senate’s committee on public safety passed the bill, which was then referred to the senate appropriations committee, the next step in the legislative process. The bill is part of a package of criminal justice reform bills put forth by the legislators in March.

Proposed amendments and revisions to SB 439 can be found online.