Policy and Adolescent Brain Development

Section 4.1

State and Local Policymakers and Advocates Should Eliminate Juvenile Court Penalties and Sanctions for Behaviors Labeled Status Offenses and Ensure that Systems are Accurately Responding to Behaviors as Either Episodes of Normal Adolescent Behavior, or Critical Unmet Youth and Family Needs that are Best Resolved through Non-judicial Interventions and Supports

At times a child’s behavior is not a byproduct of adolescence, but a manifestation of a critical unmet need personal to the child or within the family.  

In the last decade, adolescent brain science has confirmed that adolescence is a period of gradual maturation, where youth toggle between the immaturity of childhood and the accountability of adulthood.1  During this time, young people are not fully developed in their judgment, problem-solving and decision-making capabilities.2  As a result, they are prone to make poor decisions that can negatively impact themselves and others. Adolescence is also a time of exploration when young people figure out who they are and how they want to contribute to society.3  As they become more engaged with their surroundings, they are prone to test boundaries, take risks and try new things.4  Skipping school, experimenting with alcohol, challenging parental and adult authority and staying out past curfew are behaviors that fall well within the realm of normal adolescent behavior.  Accordingly, these behaviors do not automatically or necessarily warrant court intervention.

As is also discussed in the companion standard to this policy recommendation (Section 2.6), at times a child’s behavior is not a byproduct of adolescence, but a manifestation of a critical unmet need personal to the child or within the family.  Youth who are chronically absent from school may struggle with homelessness, neglect and abuse, poor relationships with teachers and peers, and inappropriate academic placements or support.5 Youth who run away from home or who stay out past curfew may be avoiding turmoil at home that includes domestic violence, physical abuse, sexual abuse, and/or neglect.6  Youth who have defiant relationships with their parents and family members often struggle with mental, developmental, emotional, social and interpersonal issues that are compounded when a parent does not possess the ability to deal with the misbehavior in a healthy fashion.7  While all of these behaviors warrant a response, the response should not include sanctions and penalties that do nothing to address the underlying source of the behavior.

Rather, state and local authorities should take the position that juvenile court intervention should be avoided or limited in those instances where the young person is alleged to have committed a status offense. Policies in support of this position will eliminate the ability of a family member, school or other stakeholder to petition status behaviors to the juvenile court.  Alternatively, state and local policymakers should establish a continuum of care, akin to the system described in Section 4.2, that is separate and apart from the courts and the juvenile justice system and that relies on non-judicial interventions to respond to status behaviors.


1 Applying Research to Practice: What Are the Implications of Adolescent Brain Development on Juvenile Justice? (2006). Coalition for Juvenile Justice: Washington, D.C. Available at http://www.juvjustice.org/sites/default/files/resource-files/resource_138_0.pdf.

2 Id.

3 Id.

4 Id.

5 Heilbrunn, J. (2007). Puzzanchera, C., et al. (2011) Juvenile Court Statistics 2008. Pittsburgh: National Center for Juvenile Justice and Office of Juvenile Justice and Delinquency Prevention. p. 77. Pieces of the Truancy Jigsaw: A Literature Review. Denver, CO: National Center for School Engagement. 3‐6; Parents' Guide to Truancy. (2008). Office of Juvenile Justice and Delinquency Prevention, p. 3. Available at: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/226229.pdf; Kendall, J. (2007) Juvenile Status Offenses: Treatment and Early Intervention. Chicago: American Bar Association. Available at: http://www.americanbar.org/content/dam/aba/migrated/publiced/tab29.authcheckdam.pdf.

6 Kendall, J. (2007) Juvenile Status Offenses: Treatment and Early Intervention. Chicago: American Bar Association. Available at:  http://www.americanbar.org/content/dam/aba/migrated/publiced/tab29.authcheckdam.pdf;

Molino, A. (2007). Characteristics of HelpSeeking Street Youth and NonStreet Youth. Available at::

http://aspe.hhs.gov/hsp/homelessness/symposium07/molino/.

7 Developmental Services Group. (2009). Ungovernable/Incorrigible Youth Literature Review.  Bethesda, MD., p. 3.