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The first institution created solely for “wayward,” poor, and orphaned children was the House of Refuge in New York City in the late 1800s; most states soon followed New York's lead with their own institutions. The creation of these types of institutions marked the beginning of a shift in the conceptualization of the definition of childhood; before this, children older than age 5 were viewed as small adults, capable of the same moral capacity as adults. Gradually, the idea that children are inherently different from adults and that the state had the responsibility to protect them took hold. The culmination of this evolution occurred in 1899, when the Juvenile Court Act created the first juvenile court.

In response to court cases that pointed to the need for constitutional protection of juveniles against their treatment as adults and confinement as status offenders, the Juvenile Justice and Delinquency Protection Act of 1974 moved to deinstitutionalize many juvenile offenders. Of main concern were the negative cumulative effects of labeling on juveniles and their confinement as status offenders. (A status offense is behavior that is unlawful for minors, such as truancy or drinking alcohol.) This law identified four protections that states must provide to be eligible for federal funding: the deinstitutionalization of status offenders, “sight and sound” separation of juvenile and adult offenders, removal from adult jails and lockups, and the examination of the disproportionate confinement of minority offenders.

Types of Juvenile Institutions

Out-of-home placement options for juvenile offenders typically include a variety of public and private residential facilities, such as group homes, wilderness programs, boot camps, and training schools, operating under differing therapeutic approaches but sharing the common goal of rehabilitation. Generally, when authorities determine that institutionalization is necessary, juveniles are sent to training schools. These facilities, either secure or semi-secure, often appear physically similar to a public school, although some look more like an adult facility. Perimeter security is likely, although these facilities typically have a higher offender-to-staff ratio than adult facilities. Approximately 400 long-term secure facilities, mostly state run, exist for juveniles in the United States. Training schools typically house about 50 juveniles, although the larger ones can hold between 100 and 500 residents. Juveniles in these facilities typically have access to a number of treatment options, such as GED (general equivalency diploma) classes, a variety of counseling and vocational training programs, and peer group activities.

Negative Outcomes of Institutionalization

Many believe that juvenile institutionalization has a negative effect on juveniles and may in fact increase recidivism (future involvement in criminal behavior). While incarcerated, juvenile offenders interact with other delinquents, allowing them the opportunity to acquire and hone criminal skills, thereby fostering delinquent values and beliefs. Criminologists find that this bringing together of delinquent youth tends to increase delinquent acts, a process called “peer deviancy training.”

Incarcerated juveniles may recidivate at a higher rate than those treated in a nonsecure, community-based setting. Additionally, incarceration may increase the probability of a multitude of problems, such as physical injury while confined, mental health issues, and lower levels of educational achievement than for those treated within the community. Many juvenile offenders have learning disabilities and find it difficult to attain educational success once they are released. Furthermore, after release many find it difficult to obtain gainful employment as well, making them more susceptible to criminal activity to achieve economic goals.

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