Honoring all lives as inherently worthy of dignity and respect requires a shift in how we treat incarcerated youth.
Policy Memo
Addressing Reentry for Disabled Young Women of Color in the Juvenile Justice System
Executive Summary
The recommendations aim to reduce recidivism and foster educational and social success by focusing on deinstitutionalizing status offenses and promoting gender-informed educational justice-based interventions to support reentry for disabled women of color in the juvenile justice system.
Honoring all lives as inherently worthy of dignity and respect requires a shift in how we treat incarcerated youth. Proper security in correctional facilities and society at large comes from upholding the dignity of all individuals (Delaney et al., 2018). Call for a commitment to human dignity, fostering a safer and more humane correctional environment, and ensuring that incarcerated individuals are protected, supported, and given the tools they need to thrive (2018).
One of the most persistent issues in education is the overrepresentation of students of color in special education programs (Elder et al., 2017). An equally pressing but often less acknowledged challenge is the overrepresentation of students with disabilities in juvenile incarceration (Annamma, 2014). Particularly, BIPOC women with emotional disabilities are exceedingly funneled into the school-to-prison pipeline. While in juvenile justice facilities, these same students are not afforded learning accommodations or wellness programs tailored to their unique needs and learning profiles. One significant adverse outcome is high illiteracy rates and low emotional quotient for students leaving the system (Rodriguez, 2010).
Responses emphasizing control and compliance rather than addressing the root causes of undesirable behaviors are ineffective and often harmful. Additional emphasis is on holding criminal justice agencies accountable for fostering positive change while setting realistic expectations, allowing the system to be recognized for achieving measurable progress in delinquency reduction (Klingele, 2019).
Responses emphasizing control and compliance rather than addressing the root causes of undesirable behaviors are ineffective and often harmful.
Background
Research shows that 30-40% of incarcerated youth have a disability, with over 50% of juveniles in the carceral system being labeled as having an emotional disability (Annamma, 2014). Women of color, particularly those with emotional disabilities, are overrepresented within this population. Systemic racism and ableism in schools and juvenile justice institutions exacerbate this issue, as disabled young women of color are often misidentified as "bad girls" or defiant, leading to increased surveillance, punishment, and incarceration (2014). These negative perceptions intersect with socioeconomic disadvantages and high-conflict environments, creating a cycle of marginalization.
Out of 100,100 juvenile cases nationally, one of every 11 formally processed juvenile court cases was for a status offense such as truancy in 2014 (Ananthakrishnan & Jafarian, 2017). Currently, 700 children are incarcerated for truancy, a status offense that disproportionately impacts disabled young women of color (2017). Truancy laws, which can result in incarceration for as little as five unexcused absences, often fail to take into account the underlying causes of absenteeism, such as poverty, mental health challenges, family disturbances, and disability status (2017).
Existing re-entry programs often fail to address these women’s unique challenges when transitioning back into their communities (USDJ, 2023). Annamma’s research suggests that adolescent female offenders have significant deficits in education, employment, and life skills compared to their free peers (2014). Illiteracy and low emotional quotient are among the top problems (Rodriguez, 2010). These youth struggle to reintegrate successfully without targeted support, such as disability-informed education plans, trauma-informed care, or employment training (Shogren & Wittenburg, 2020). College-credit-bearing courses, wellness certifications, and employment programs tailored to their needs are critical for breaking this cycle of recidivism.
Key Findings
Research shows that need-based educational support, social-emotional development, and family counseling are better than GED and serving time alone (Annamma, 2014). Educational programs should not merely act as instruments of control and assessment; instead, they should provide a well-rounded education that fosters growth and development (Fine et al., 2018). Furthermore, students within the carceral system must be afforded the same learning opportunities and accommodations as those in traditional educational settings to ensure equity in educational access and outcomes (Elder et al., 2021).
Key Problem
Without access to trauma-informed care, educational support, or re-entry programs, youth are set up to fail both during and after incarceration (USDJ, 2023). Below are five recommendations that provide a solution to these three issues.
Recommendations
Deinstitutionalize Status Offenders: Remove non-criminal behaviors like truancy from the list of offenses warranting incarceration, prioritizing restorative justice and community-based interventions. Focus on community-based interventions that address the underlying causes of absenteeism, such as poverty and disability.
Develop Re-entry Plans Within 10 Days of Detention: Create a multidisciplinary team to design re-entry plans tailored to the educational, emotional, and vocational needs of disabled young women of color.
Offer College-Credit and Employment Training Programs: Implement 10-week college-credit courses and employment training programs as part of re-entry plans, ensuring academic continuity and job readiness post-release.
Expand Trauma-Informed Care and Family Services: Invest in family counseling, financial literacy, and trauma-informed care as part of the re-entry process, engaging families in rehabilitating their children.
Implement Gender-Responsive and Disability-Informed Re-entry Programs: Develop programs specifically aimed at female offenders with disabilities, ensuring that their cognitive, emotional, and social needs are addressed.
Long-Term Detention Facility Engagement
It is common for children and adolescents to experiment with behaviors such as lying, truancy, or defiance of authority. These behaviors, often classified as status offenses, allow youth to understand the consequences of their actions and learn from their mistakes. Research shows that most youth engaging in these minor infractions do not escalate to more severe criminal behavior (Kelley et al., 1997, cited in Annamma, 2014). Given this context, status offenses like truancy must be addressed through educational and therapeutic interventions rather than punitive incarceration.
To ensure the effectiveness of reentry programs, detention facilities must actively engage with these proposed initiatives. Monthly school counselor check-ins will help monitor incarcerated youth's educational progress and emotional well-being. As the release date approaches, the multidisciplinary team should meet regularly to review and adjust the re-entry plan, ensuring that resources are aligned to support the youth's transition. These supports may include ongoing educational mentorship, mental health, and community integration services.
This re-entry program aims to provide disabled young women of color with the tools they need to thrive upon release, fostering personal growth and reducing recidivism (Klingele, 2019). Focusing on social-emotional learning, educational opportunities, and workforce development, the Department of Juvenile Justice can shift from a punitive approach to rehabilitation and empowerment (Shogren & Wittenburg, 2020).
Unfortunately, many educational systems in the United States reproduce oppressive structures that reflect broader societal inequities (Fine et al., 2017). Juvenile justice institutions struggle to balance punitive approaches with the empowering social model, which recognizes social structures as barriers to access and success. These reforms aim to reduce recidivism and foster educational success by deinstitutionalizing status offenses and promoting community-based interventions. The long-term benefits of reducing recidivism and supporting marginalized youth outweigh the costs (Rodriguez, 2010; USDJ, 2023).
SUMMARY NOTES
1 of 11 juvenile cases is for truancy. Truancy is a status offense that can be as minor as five unexcused school absences for children aged 6-18 (Annamma, 2014). This leads to unnecessary incarceration, especially for marginalized groups.
Disability Disparities: 30-40% of incarcerated students have a disability (Annamma, 2014). Furthermore, 50% of juveniles in the system are labeled as having an emotional disability (Annamma, 2014). Women of color are overrepresented within this group, particularly in terms of being labeled with emotional disabilities.
Women of color are overrepresented in this group, facing structural barriers that hinder their re-entry and rehabilitation. These disparities are exacerbated by systemic racism, systemic ableism, high-conflict environments, and economic challenges in their communities, reinforcing their marginalization in the justice system (Annamma, 2014).
Harmful Impact of Truancy Incarceration:
Truancy is a status offense, often tied to socioeconomic challenges and disabilities, yet it leads to incarceration for marginalized groups.
In 2014, one in 11 juvenile cases was for a status offense, including truancy. Disabled young women of color are particularly vulnerable to incarceration for such minor infractions.
Lack of Gender-Responsive, Disability-Informed Programs:
Current re-entry programs fail to address the specific needs of disabled young women of color, resulting in high recidivism rates.
Trauma-informed care, educational support, and job training are essential for successful reintegration (Scott, 2024).
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