Juvenile Hall: Inappropriate for Young Minors
By Dave Cortese
Supervisor on District 3

The Santa Clara County Board of Supervisors has adopted a policy which states that minors 12 years old and younger should not be placed in Juvenile Hall and that the county should develop local alternatives for the safe, temporary placement of children 12 and under who commit a serious crime.
In a congregate care setting such as Juvenile Hall, the opportunities are numerous for impressionable young children to model the behaviors of the older peers who have often been through the system many times and have developed negative behaviors. As a result, rather than providing them with positive role models to look up to, placing them in Juvenile Hall actually increases the chance that the young children will become repeat offenders.
That is not to say that children should not be punished for committing serious crimes; rather that children of that age are easily influenced and that the county should help guide them towards being a good citizen of society. Too often, young children who commit crimes are instantly labeled as being a life-long criminal when with the right atmosphere and mentoring, they can learn right from wrong.
By placing young children into Juvenile Hall, there is a risk of further aggravating the trauma that these children have most likely already experienced. According to the study undertaken by the County's Juvenile Justice Commission, 90% of the children under 13 that have been placed in Juvenile Hall from 2007 to 2009 had a history of trauma or child abuse, a diagnosed mental illness or had an absent parent. Rather than correcting the behavior, this experience of being locked up will most likely make it even harder to educate the youth on how to become a model citizen.
As an alternative, the county is developing therapeutic foster homes which allow for a more positive experience for the children who have come into the system. As such, these children will be more likely to respond to the positive inputs provided by the staff in a nurturing environment and will have a greater likelihood of a positive outcome.
It is believed that this policy is the first of its kind in the nation. Therefore, I have also asked that the County explore working with neighboring counties to develop a policy of shared placements appropriate for children 12 years old and younger who commit a serious crime. Rather than allowing older criminal offenders to influence another generation, we can break the cycle and steer these young children on the path towards success. And by working with other jurisdictions in the Bay Area, we can design a successful program that will help to guide our youngest members of the community. Ideally this program will be adopted by others around the nation to truly make a difference in the lives of the generations to come.
If you would like to learn more about this policy contact me at 408-299-5030 or dave.cortese@bos.sccgov.org.