Source: (2011) Capital University Law Review. 39(1):193-229.

The first section of this note provides a brief history of the juvenile justice system including its creation, changes since its inception, and the modem practices of the juvenile court. This section discusses the original and modem goals of juvenile justice, the differences between juveniles and adults, and the need to treat juveniles differently and separately from adults. The second section of this note details how juvenile institutionalization in the United States is not accomplishing the mission set forth for juvenile justice. Specifically, this section focuses on the crises in juvenile correctional facilities, highlighted by the problems in California (California Youth Authority), Louisiana (Louisiana Department of Public Safety and Corrections, Youth Services, Office of Juvenile Justice), New York (New York Office of Children and Family Services), Ohio (Ohio Department of Youth Services), and Texas (Texas Youth Commission). Investigations in these states show countless illegal practices and procedures. These states provide good examples of the problems that plague juvenile correctional facilities across the country. Finally, the last section of this note optimistically offers hope. Research and analysis of the various issues in juvenile correctional facilities show a real need for change, and not just with a few tweaks, but instead with a radical step away from the culture of institutionalization and a return to the rehabilitative roots of the juvenile justice system. Experts in restorative justice, commissioned by the United States Department of Justice, created a model to implement this type of change. Programs in Missouri, New York, and California speak to the success of restoration and the feasibility of implementation. (excerpt)