CHICAGO – More than a century after the world's first juvenile court was established in Illinois, advocates are still fighting to ensure that children accused of crimes aren't treated the same as adults.

At the Juvenile Justice Initiative's "Re-Imagine Justice Summit" in Chicago yesterday, there were calls for a reasonable age of prosecution. While Illinois doesn't have a minimum age to try a child in juvenile court, Diane Geraghty – co-director of the Center for Criminal Justice Research, Policy, and Practice at Loyola University – says age 14 is the international norm.

"It's a question of fundamental fairness,” says Geraghty. “Holding people accountable for actions over which they have no meaningful control has historically, as far back as 16th century, been determined to be an unfair use of governmental power."

The United Nations' Committee on the Rights of the Child recently raised the minimum age of criminal responsibility for juvenile court to 14. However, Geraghty says the U.S. is the only nation in the developed world that hasn't ratified the treaty, and so isn't legally bound to the minimum international standards.

Cook County Public Defender Amy Campanelli also spoke at the summit, and contends young children can be held accountable through restorative justice and other diversionary practices. She notes
criminalizing children causes long-term harm to their overall development, and can also result in future – and sometimes increasingly violent – offenses.

"There are 34 states currently with no minimum age requirement for prosecution,” says Campanelli. “It's just mind-boggling that we can arrest children for acting like children. It's barbaric, and it's got to stop. "

Campanelli also wants to ensure that all young people have access to an attorney during custodial interrogation. She notes her office has a unit available 24-7 to assist juveniles who've been taken into custody.

"I have lawyers ready, willing and able to go to every police station in Cook County and represent these people, and make sure that their rights are not being violated,” says Campanelli. “Like the right to remain silent – obviously, the right to have a lawyer present during any type of questioning by law enforcement."

Others at the conference called for raising the age to be tried as a juvenile to anyone under 21. Campanelli says research shows the maturity level and cognitive thinking of emerging adults, or those ages 18 to 24, are not as fully developed as an adult's.


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When a 6-year-old girl in Florida had a temper tantrum in class, it seemed like a typical childhood moment.

But instead of calming the situation, a school resource officer placed her in a squad car, fingerprinted her and took a mug shot, which left lasting emotional scars.

Delvin Davis, senior policy analyst at the Southern Poverty Law Center, said the case highlights a troubling ongoing concern: disparities in how discipline is enforced, particularly for Black and brown children. This case and others are highlighted in his report, "Only Young Once: The Systemic Harm of Florida's School-to-Prison Pipeline and Youth Legal System."

"As you can imagine, it was a very traumatic experience for her," Davis explained. "She's older now, but still it has lingering on ongoing effects for her -- mentally and how she does well in school and how she interacts with other people, things like that -- and how she interacts with authority figures as well."

Following the case, in 2021, the Florida Legislature passed the "Kaia Rolle Act," which prohibits the arrest of children under age 7, except in cases involving a forcible felony. However, children as young as 7 can still be arrested and prosecuted in the state.

Davis' report examined how school discipline policies, combined with a significant increase in law enforcement presence in schools, have exacerbated the problem, particularly in the aftermath of the Marjory Stoneman Douglas school shooting. Davis noted it led to a sharp rise in school-based policing.

"Once you expel or suspend a kid from school, there's a higher correlation for dropout rates," Davis pointed out. "And pretty much the first step into the school to prison pipeline is a downward spiral, where you're more likely to see that kid detained later on, arrested later on and further on into the penal system."

At the heart of Davis's findings is a call for systemic change to ensure schools are places of support and growth, not gateways to the juvenile justice system. The report also pointed to solutions, emphasizing community-based programs as more effective alternatives to punitive discipline.


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Wyoming has the nation's highest rate of juvenile incarceration, and is one of only two states refusing federal funds to help.

In 2021, nearly 270 Wyoming juveniles were in placement facilities per every 100,000 youths, according to The Sentencing Project, nearly four times the national rate. Data show diversion programs such as therapy, tutoring, job-readiness programs and arts programming help keep youths out of the system.

Darya Larizadeh, director of California policy and capacity building at the National Center for Youth Law, said good diversion programs are community-based and in partnership with stakeholders such as law enforcement and probation officers.

"Good programs are narrowly tailored," Larizadeh stressed. "They're supporting youths where they are in terms of their strengths and needs. They're culturally relevant. And then meeting the needs of kids of all genders and different sexual orientations."

She acknowledged funding is a key piece, too. The Office of Juvenile Justice and Delinquency Prevention within the U.S. Department of Justice in 2023 gave out $47 million to support prevention and intervention programs. Wyoming and Texas were the only two states not participating this year.

One barrier in Wyoming is data. A state bill passed in 2022 charged the Department of Family Services with standardizing the collection of statewide juvenile justice information.

Damon DeBernardi, Sublette County deputy county attorney and member of the Wyoming State Advisory Council of Juvenile Justice, explained the challenges.

"Wyoming has 23 counties, but every county was doing things different regarding data collection, to even know what necessarily the problem was," DeBernardi observed. "Once that statewide data collection begins, it'll be interesting to see what comes from that."

Gov. Mark Gordon in a speech last week requested nearly $500,000 in supplemental budget funding to "continue providing behavioral health services to prisoners nearing release."


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The holiday season is a difficult time of year for families with children in Washington's youth detention centers. Families have limited access to children in prisons.

Rashida Robbins has a child in Green Hill School, a 180-bed facility in Chehalis. She said families were invited to holiday dinners in early December but noted it was long before Christmas and on that day, she said, there will be a hole in her home that cannot be filled.

"It's pretty tough, and the lack of access to him during these times makes it even tougher," Robbins explained. "The thought of him just sitting in a locked room makes it unbearable as a parent. It's really rough."

Gov. Jay Inslee has announced a proposal for a new youth facility to address overcrowding, specifically at Green Hill. Organizations, including Kids Are Kids and TeamChild, have criticized the plan, saying it does not address the current concerns at Green Hill.

Stacy Stanaway said unaddressed issues have been the case for her son, who suffered from behavioral challenges before he was sent to Green Hill. She added a disciplinary action meant she was not able to visit for the family holiday earlier in the month.

"We can't just isolate people from their family, from their community and expect things to just go away," Stanaway argued. "And so, with my son the holidays especially are really, really difficult for us because he has younger siblings, he has older siblings."

A spokesperson for Green Hill said because the holiday event involved a high number of visitors, the behavior expectations leading up to the event were "no physical aggression and drug use 30 days in advance" for safety reasons.

Stanaway acknowledged much of the healing for her boy will have to happen after he comes back from the youth facility.

"It's going to be a phase and a period of time that's going to take years, in reality, of recovery for my child," Stanaway stressed. "I feel that time is paused right now."

Robbins added sometimes, it feels like kids are never meant to get out of a facility like Green Hill. She implores state leaders to do something.

"I would challenge the people that have the power to make changes to do so and be on the right side of history," Robbins concluded.


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