The Making of a Juvenile Record: The Insidious Consequences of Criminalizing Race, Adolescence, Disability, and Trauma

Professor Kris Henning and Rebba Omer authored a law review article on decriminalizing normal adolescent behaviors, race, and disabilities. This article maps a way forward for all system actors in the juvenile legal system to mitigate and buffer against the harms of juvenile legal system involvement for youth with disabilities. Specifically, this article outlines youth defense litigation strategies when representing youth with disabilities, including 1) putting the judge, prosecutor, and probation officer on notice of a youth’s disability and requesting all appropriate accommodations either on probation or in a juvenile facility; 2) gathering mitigating evidence about a youth’s disability and trauma history to advocate for diversion or community-based alternatives; 3) advocating for a youth’s release from confinement based on a facility’s violations of the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act, and/or relevant state laws; and 4) filing a motion to dismiss or motion to suppress when police or other officials violate the ADA. To access practice guides, sample motions, and other key resources around representing youth with disabilities in the juvenile legal system, please visit our Strategy Guide on Youth with Disabilities.