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Holli Spencer

SOC 2226.T00

28 July 2020

Foster Care Youth and the Juvenile Justice System

According to the Juvenile Law Center, “90% of youth with 5+ foster placements will

enter the justice system” and “youth placed in group homes are 2.5x more likely to get involved

in the justice system” (What is the Foster Care-To-Prison Pipeline?). These statistics are both

alarming and disheartening. Without intervention and changes to our foster care system, these

youth will continue to be involved in the justice system. Eventually they might find themselves

incarcerated in adult prisons. Why is there a correlation between foster care youth and the

criminal justice system, and how can society prevent our most vulnerable youth from living a life

of perpetual crime?

The issue addressed in this paper is the link between foster care youth and participation in

the juvenile justice system and what can be done to improve the odds of foster care youth staying

out of the criminal justice system. I chose this topic because my chosen degree path is Social

Work, and I plan to use this degree to pursue a career in the foster care system. I believe this is

an important topic to research because the youth of our society are our future leaders. Early

intervention could, also, minimize the number of future prisoners that our criminal justice system

could have the burden of supporting and rehabilitating and overcrowding in our prisons.

Unfortunately, the involvement of foster care youth in the criminal justice system is not a new

problem.
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The term dual jurisdiction youth refers to those youth who are both in the child welfare

system and under the jurisdiction of the juvenile justice system. Some delinquent minors report

a history of maltreatment to the court even though they have had no prior formal contact with

child protection services. In a 2012 survey, only 46 percent of the victims identified were known

to the authority. These results show us that screening children for past trauma is especially

important upon entering the juvenile justice system. “Family risk factors for child maltreatment

are similar to family risk factors for delinquency”, so it is important to intervene early (Juvenile

Justice and Child Protection). Unfortunately, the mere exposure to the juvenile justice system

can create “heightened trauma, increased instability, and can reinforce antisocial behaviors and

impair educational progression” in children who are already experiencing these problems

because of maltreatment in their home lives (Juvenile Justice and Child Protection). It is

estimated that 20 percent of maltreated children will become delinquent before reaching

adulthood.

Children and adolescents who become involved in the foster care system already have

several risk factors that make them more likely to have behavioral and developmental problems.

These risk factors may include chronic poverty, dysfunctional and disrupted family situations,

and abuse and neglect. These factors predispose these vulnerable youth to juvenile delinquency

and without intervention could result in adult criminal behavior (Does Placing Children in Foster

Care Increase their Adult Criminality?).

Except for incarcerated youth, foster care youth are the only kids who are involuntarily

removed from their homes. Despite the removal taking place to protect these kids, this

separation often exacerbates problems already present due to an unstable home life. One of the
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biggest flaws of our foster care system is the policy of “aging out”. Once the child turns 18, they

lose the support, stability, and encouragement that the foster care system ideally provided them

for their first 18 years. The Foster Care Independence Act, Chafee Act, of 1999 set aside

approximately $140 million for these young adults to “provide improved mental health services,

life skills training, mentoring and employment opportunities, and education support, as well as

housing stipends and Medicaid until the age of 21” (Youth Aging Out of Foster Care to the

World of Homelessness and Crime Research Paper). While this act is a good start, it is

inadequate in addressing all the issues associated with aging out. Many youth fall through the

cracks and the dollar amount is too low to truly make a difference. One recommendation is “the

policy should be widened to provide services to all youth who spend time in out-of-home care

after turning 16” (Youth Aging Out of Foster Care to the World of Homelessness and Crime

Research Paper). Adolescence is a trying time for every child. When you combine this with the

stress of an unstable home life, hormonal changes and emotional swings, the outcome does not

bode well for foster care youth. They usually must deal with more trying circumstances than the

usual child. This leaves them more susceptible to problems such as lowered self-esteem and

depression. These two factors can contribute to these individuals being more likely to participate

in delinquent behavior.

The theory I believe relates the best to this topic is the social bond theory. This theory

was made popular by Travis Hirschi in his 1969 book Causes of Delinquency (Schmalleger,

128). Hirschi, to be different from the rest, decided to ask the question on why people do not

commit crimes. It was through asking this question the social bond theory, “which conveyed

that delinquency occurs when bonds to social institutions are weakened or broken” was formed

(Hirschi, 1969). Many times, foster care youth find themselves behind in the educational system.
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Multiple moves and missed school days for court appearance, etc. can contribute to them falling

behind. When these children become adults, the lack of a good education can make obtaining

jobs that will comfortably support them and help them achieve a higher status in society difficult.

These youth sometimes turn to gang culture to achieve status. At this point, criminal impulse

“that is restricted by society’s laws surface and allow for active engagement in thrill seeking,

status gaining, and economic boosting forms of delinquency” take control (Gombar, 2016).

“Situational inducement” can exacerbate the delinquent behaviors by prompting delinquent acts

committed for short-terms desires merely by the presence of likeminded peers. Since foster care

youth usually lack close family ties and attachment to good role models, it is important to note

the significance of these in predicting delinquent behavior explained within the social bond

theory. Attachment, or the closeness experienced with family, friends, and teachers, helps

children learn the norms of society and what is expected of them. In particular, “the closer the

child is to their parents and the more they identify to the expectations of them, the less likely

they are to violate the social contract and disappoint their admired figures” (Gombar, 2016). I

believe all of these factors combined can contribute to foster care youth being more likely to

commit delinquent behaviors and to become involved in the criminal justice system.

I was truly fortunate to interview Mr. Anthony Miller – 513-695-1392, Superintendent of

the Juvenile Detention Center in Warren County Ohio since 2006. He currently also serves as

President of the Ohio Juvenile Detention Director’s Association and is a member of the Ohio

Juvenile Detention Officer Education Committee, member of the Juvenile Justice Subcommittee,

and served on the review board of the Ohio Administrative Code. Mr. Miller was open and

honest with me about the state of our juvenile justice system. Mr. Miller explained the average

stay in the Warren County Juvenile Detention Center is 11 days and during this time, most kids
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are very well behaved. He explained to me that Ohio does not track the percentage of foster care

youth in the juvenile justice system, but he was able to give me a rough estimate of 30% of the

juveniles currently in his center have history with the foster care system. He stressed that

society needs to fix the family. Without fixing the family first, we cannot possibly fix the

problem of juvenile delinquency. He said a few of the major issues today are tired, elderly

grandparents raising grandchildren and negative learned behavior. He shared a story with me

about a boy who received a joint for his 8th birthday from his father because that is what his

father had received from his own father on his 8th birthday. He also shared with me some issues

surrounding “aging out” of the foster care system. Toledo, Ohio, is the top 2 to 3 for human

trafficking. Mr. Miller explained to me that many times youth will purposely commit a

delinquent act so they can be put into a juvenile detention center. While there, they will prey on

and recruit foster care youth who are close to aging out. These youth are usually vulnerable,

scared and will basically be homeless once they turn 18. They are propositioned with a nice

place to live and someone who will provide for and care for them. For the first few weeks, it is

much like a party and often they will be offered drugs for the first time in their lives. Before

they know it, they are addicted to drugs, scared to leave, and trapped in human trafficking with

essentially no other place to go. I would have to agree with him about fixing family first and

believe this philosophy ties into my belief that the social bond theory best explains the issue of

increased delinquent behavior in foster care youth. Mr. Miller and I discussed the “aging out”

process and both agree that something needs to be done to fix this problem. He stated that

basically these kids are told that for 17 years and 364 days we, the state, cared about you. Now

that you are a day older and 18, you are on your own and, by the way, good luck. This is not

acceptable in my opinion. Regarding the foster care system, he raised some concerns for me to
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consider as I continue my path. He said the turnover rate for case workers is very great which

makes it difficult to gain the trust of many kids. When you are the 4th case worker they have had,

it makes them less trusting and willing to be open and honest. He also explained that there is a

tremendous amount of red tape. Sometimes my hands will be tied, and I will be unable to take

the necessary steps to help some kids. These are issues I already suspected and hope I am still

able to make a difference in these kids’ lives.

In conclusion, foster care youth have a greater risk of also being involved in the criminal

justice system due to several factors out of their control. I agree with Mr. Miller. The most

effective way to help more youth from entering the criminal justice system is to fix the family

first. Unfortunately, this is not always a possible solution. There will still be children who need

to be protected by Child Protective Services. Society needs to do a better job of protecting our

most vulnerable youth. Not only would this enrich these kids’ lives but could end up saving us

time, space in our correctional institutes, and money by not having to incarcerate and rehabilitate

them as adults. I believe one of the most effective ways to help this group is by reevaluating the

“aging out” process. We cannot expect these young adults who have had a less than ideal

upbringing to suddenly be released into the world of adulthood without better precautions taken

to ensure they will be successful.

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References

Gombar, Vladimir. “Effects of Social Bonding on Crime and Delinquency: A Review of

Hirschi’s Social Control Theories.” University of Roehampton. January 2016.

https://www.researchgate.net/publication/297914143_Effects_of_Social_Bonding_on_Cr

ime_and_Delinquency_A_Review_of_Hirschi%27s_Social_Control_Theories

Hirschi, T. Causes of Delinquency. Berkeley: University of California Press. 1969

“Juvenile Justice and Child Protection.” Summer 2014. Web. 29 July 2020.

https://psychweb.chbs.jmu.edu/Graysojh/pdfs/Volume100.pdf

Lindquist, Matthew J., Torsten Santavirta. “Does Placing Children in Foster Care Increase their

Adult Criminality?” Labour Economics. Volume 31. December 2014. Pages 72-83.

https://www.sciencedirect.com/science/article/pii/S0927537114001146

Schmalleger, Frank. Criminology. Pearson Education. Hoboken, NJ. 2020.

“What is the Foster Care-to-Prison Pipeline?” Juvenile Law Center. 26 May 2018. Web. 29 July

2020. https://jlc.org/news/what-foster-care-prison-pipeline

“Youth Aging Out of Foster Care to the World of Homelessness and Crime.” 5 March 2010.

Web. 29 July 2020. https://www.essaytown.com/subjects/paper/youth-aging-out-foster-

care-world-homelessness/79