A. Juveniles with Disabilities in Juvenile Justice

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Juveniles in the juvenile justice system are far more likely than other juveniles to have identified as well as undiscovered disabilities. Studies show varying results. One fairly recent study showed that 45.2% of detained or incarcerated juveniles were reported to have a disability. 

Id. 
The percentage of children and youth with disabilities in the general population was only 8.82%. 

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Seventy percent of juveniles in the juvenile justice system may suffer from disabling conditions. 

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As many as 90% may have a mental health disorder. 

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About 20% have a serious mental disorder.



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The rate of PTSD among youth involved in juvenile justice is comparable to the PTSD rate of soldiers returning from deployment.

Ann Schrader, Second Chance for Mentally Ill Teens, Denver Post, March 11, 2008.
A recent estimate in Colorado was that one-fourth to one-third of juvenile cases studied in 2002 involved mental health issues. 

The Special Needs of Youth in the Juvenile Justice System:  Implications for Effective Practice, Children’s Law Center, Covington, Kentucky (2001)
Juveniles with disabilities are more likely to make poor decisions that lead to involvement in crime and more likely to get caught. They may have social skill deficits that result in harsher treatment in the justice system and may have learning difficulties that make it more difficult for them to be rehabilitated.

Burrell and Warboys, supra note 3 at 2.
Learning disabilities and emotional disorders are the two most common disabilities found in the juvenile justice system. 

Id. at 1. 
Twenty percent of students with emotional disabilities are arrested at least once even before leaving school. 

Id. at 2. 
By the time disabled juveniles have been out of school for three to five years, 31% of those with learning disabilities and 58% of those with emotional disturbance have been arrested.

CECP and EDJJ, supra note 1 at 18.
The behavioral disorders most commonly co-occurring with delinquency are Attention Deficit Hyperactivity Disorder (ADHD) and conduct disorder. (See definitions under IDEA.) 

Id.  at 17-18.
Conduct problems reflect improper regulation of the anxiety and anger systems and may reflect a variety of anger and mood disorders, including Post Traumatic Stress Disorder (PTSD).

Burrell and Warboys, supra note 3 at 1.
Information about a juvenile’s disability is relevant:
  • to determine whether formal delinquency proceedings should proceed;
  • to direct investigation and case strategy;
  • to explain behavior and suggest constructive intervention; and
  • to achieve disposition that is rehabilitative and complies with IDEA.
Unique Challenges, Hopeful Responses:  A Handbook for Professionals Working With Youth With Disabilities in the Juvenile Justice System 47 (Pacer Center, Minneapolis, MN  1997).
Disabilities should be considered and addressed not only because of statutory rights, but because society benefits if a juvenile deals with underlying problems and becomes a productive citizen.For a juvenile with disabilities, justice and rehabilitation goals can be best served by pursuing solutions within the special education framework, as well as through the juvenile justice system. Even a juvenile who has dropped out of school is eligible for special education services under IDEA until he or she reaches twenty-one years of age.




Juvenile judges should take some time to acquaint themselves with special education law as it applies to the juvenile justice system. Attorneys advocating for juveniles should either devote time to learning special education law or collaborate with outside special education attorneys.