Juvenile Justice: Youth Diversion Program

Hailey Rau

Mount Marty University

November 26, 2023

Adolescence can be a time of curiosity and rebellion; it is a transitional period that can

raise questions surrounding independence and finding one’s identity. As adolescents develop

their sense of self, they start to face difficult choices when it comes to academics, friendships,
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family life, sexuality, alcohol, and drugs. While there is an increase in risk-taking behaviors

during adolescence, youth typically do not break the law or commit serious crimes. Aggression,

violence, and criminal behavior from adolescents represent a concern to society and are

associated with increased risk in negative long-term outcomes. Some examples of these are

delayed psychosocial development, academic failure, mental illness, and adult criminality. Due

to these outcomes, it is essential to establish appropriate punishment and rehabilitation to prevent

future crime and assist emotional development.

According to the U.S Department of Justice’s Juvenile Justice Statistics: Trends in Youth

Arrests for Violent Crimes, in 2020 there was an estimated 424,300 arrests involving persons

younger than 18 years of age. Although the goal of the juvenile justice system is to rehabilitate

youth, the system often falls short of supporting healthy adolescent development. (Cavanagh,

2022). While deterrence and punishment are common practices for adults in our justice system,

young people are not as well equipped to handle a punishment-based system; their

developmental immaturity hinders their ability to comprehend the full extent of the consequences

of their crimes. Youth diversion is an effective restorative justice opportunity for juvenile

offenders who have received a citation for misdemeanor offenses. This opportunity focuses on

the adolescent’s developmental needs, enabling them to stay out of the court system while

working toward rehabilitation.

Several well-developed programs of diversion research demonstrate the promise of

diversion programs for treating juvenile offenders. (Schwalbe, 2012). The youth diversion

program “focuses on providing opportunities for youth to acquire the skills necessary to prepare

for autonomous adult roles” (Cavanagh, 2022), however adolescents are not free of

consequences or given a ‘get out of jail free’ card. Juveniles will go through informal processing
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with a disposition to follow, which can include referral for treatments or services, community

service, mentoring activities, and even paying a fine or restitution if applicable. Diversion allows

the juvenile court to intervene actively with youth, hold them accountable, grant assistance and

services, and provide a balance of punishment and rehabilitation. (Mears et al., 2016).

The Diversion Program in Codington County stems from the Juvenile Detention

Alternative Initiative, where adolescents are referred to a Youth Diversion Coordinator by the

States Attorney’s Office, Police Department, or Sheriff’s Office. The purpose of the program is

to support youth rehabilitation, instill a sense of accountability for their actions, and give

juveniles the ability to understand the detrimental impact criminal behavior can have on the

community and their future. The family, youth, and Diversion Coordinator meet for intake;

during this meeting they learn about the terms and requirements expected throughout the

program. When the adolescent and their family come to an agreement, they have 90 days to

complete the individualized program required tasks. After completion, the Diversion Coordinator

informs the State’s Attorney’s office that the youth has completed the program, and the charges

the young person was diverted for are dropped from their record.

The role of family is important in the youth diversion program because risk factors

impacting juveniles may include the adolescent’s predispositions, family dynamics, and broader

ecological risk factors such as school or neighborhood factors. (Piehler et al., 2019). In

Codington County, a community effort plays a role in the youth diversion program. Specialists

such as social workers, mental health therapists, prevention specialists, addiction counselors, and

school administrators may play a role in the youth’s individualized program. Since adolescent’s

brains are so malleable, they can be very responsive to environmental stimuli; the juvenile justice

system responses must support youth's developmental needs. (Cavanagh, 2022). It is important
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that community professionals play a role in the youth diversion program because they assist in

the individualized programing for rehabilitation. These professionals enable the adolescent to not

only complete the program, but also develop the skills and tools needed for a successful future.

The primary outcome in most studies of youth diversion programs is to ensure

adolescents do not recidivate. Younger youth who had court appearances as their first event tend

to reoffend to a much greater extent, up to two times more than offenders of the same crimes

who have been successfully diverted. (Cunningham, 2007). The data of youth diversion success

rates can be seen not only through the numbers of referrals from the State’s Attorney, but also

from adolescents’ successful program completion rates. In the Juvenile Detention Alternative

Initiative meetings, the Diversion Coordinator shares the data and impact of the youth diversion

to the community, and professional and community members work together to improve the

program. If diversion is used appropriately, it has the ability to improve the lives of youth as well

as reduce local crime and court costs.

To support the Codington County court systems and youth, an education in social work

will allow me to support the youth diversion program by utilizing evidence-based family

interventions, offering case management support, and further promoting restorative justice

intervention as a developmentally appropriate consequence for troubled youth. Social workers in

the juvenile justice system “are the fore frontiers in mediating, advocating, lobbying, counseling,

linking, and referring children to the best institutions and organization that further assist them”

(Mangwiro & Chitereka, 2021). My work in youth diversion programs would offer support for

juveniles, enabling them to grow to their full potential rather than allowing them to continue on

the path to a potential life of criminal activity.

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References

Cavanagh, C. (2022). Healthy adolescent development and the juvenile justice system:
Challenges and solutions. Child Development Perspectives, 16(3), 141–147.
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Cunningham, T. (2007). Pre-court diversion in the Northern Territory: impact on juvenile

reoffending. TRENDS & ISSUES in Crime and Criminal Justice, No. 339, 1–6.

Mabvurira, M. V., & Chitereka, C. (2021). Chapter 9: Juvenile Justice and Social Work.
In Professional Social Work in Zimbabwe, Past Present and the Future (pp. 180–201).
essay, National Association of Social Workers of Zimbabwe.

Mears, D. P., Kuch, J. J., Lindsey, A. M., Siennick, S. E., Pesta, G. B., Greenwald, M. A., &
Blomberg, T. G. (2016). Juvenile Court and Contemporary Diversion. Criminology &
Public Policy, 15(3), 953–981.

Piehler, T. F., Distefano, R., Ausherbauer, K., Bloomquist, M. L., Almy, B., & August, G. J.
(2019). Self‐Regulatory Profiles and Conduct Problems in Youth Referred to Juvenile
Diversion. Journal of Research on Adolescence, 30(2), 372–388.

Schwalbe, C. S., Gearing, R. E., MacKenzie, M. J., Brewer, K. B., & Ibrahim, R. (2012). A
meta-analysis of experimental studies of diversion programs for juvenile
offenders. Clinical Psychology Review, 32(1), 26–33.