What are status offenses and how are juveniles charged with them in New York?

What are status offenses and how are juveniles charged with them in New York?

Status offenses are behaviors that are considered violations of the law only because of a youth’s status as a minor, not because the behavior itself is inherently illegal. Common status offenses include truancy, running away, violating curfew, and being “incorrigible” or beyond the control of parents or guardians^[1]. While troublesome, these behaviors are not criminal offenses when committed by adults. Status offenses make up a significant portion of juvenile court cases across the U.S., with over 100,000 status offense cases processed nationwide in 2018^[2].

In New York, status offenders are classified as “Persons in Need of Supervision,” or PINS. The four categories of PINS behaviors under New York law are^[3]:

• Truancy
• Incorrigibility
• Ungovernability
• Running away

New York Family Courts handle PINS cases for juveniles under the age of 18. The goals are to provide supervision, treatment, and rehabilitation rather than punishment. Judges have discretion in ordering solutions like counseling, community service, electronic monitoring, or out-of-home placements^[4].

Causes and Risk Factors

Status offenses often result from family problems, mental health issues, trauma, or substance abuse. Research shows that girls are more likely to be petitioned for status offenses, while boys are more likely to be charged with criminal offenses^[5]. LGBTQ youth are also disproportionately represented in status offense cases, frequently due to family conflict over sexual orientation or gender identity^[6].

There are racial disparities as well. Despite making up only 17% of the youth population in New York, Black youth account for 45% of juvenile arrests and detentions. Implicit biases likely play a role in this overrepresentation.

Concerns and Reforms

While meant to provide care and supervision, status offense laws have concerning consequences:

• They can lead to court involvement and incarceration for behaviors that are not crimes for adults
• Confinement can traumatize youth and increase their risk of reoffending
• Status offenses disproportionately impact girls, youth of color, and LGBTQ youth
• School policies that rely on police to handle truancy can create a “school-to-prison pipeline”

There are efforts underway in New York and nationally to reform status offense laws and divert youth to community-based services instead of court proceedings:

• New York recently passed legislation to prohibit out-of-home placements for truancy
• New York City programs like Youth and Family Justice Centers provide counseling, mentoring, and crisis intervention as alternatives to court
• The federal Juvenile Justice and Delinquency Prevention Act provides grants to states that work to reduce racial disparities and unnecessary detention

The Court Process in New York

Here are the typical steps after a status offense petition is filed against a youth in New York:

1. The case is referred to the county probation department for a preliminary investigation. They gather information on the youth’s history, family, and needs.
2. An initial appearance is scheduled in Family Court. The youth is appointed an attorney or law guardian. The judge reviews the probation report and allegations.
3. A fact-finding hearing takes place where evidence is presented. If the allegations are proven, the youth is found to be a PINS.
4. A dispositional hearing is held to determine services, treatment, or placement for the youth and family.
5. The disposition is periodically reviewed until the PINS case is dismissed.

At any stage, the case can potentially be diverted through an adjustment process where the youth agrees to informal supervision instead of formal court intervention. The emphasis is on providing help and addressing risks, not punishment.

Conclusion

Status offenses aim to provide supervision and services to youth and families in crisis. However, they can also lead to unnecessary court involvement and confinement. Ongoing reforms seek to limit the use of status offense laws, address racial and gender disparities, and expand community-based alternatives. The goal is to connect youth and families to the right help at the right time while avoiding the harms of formal justice system intervention.

References

1. Status Offenders Literature Review, OJJDP
2. Juvenile Court Statistics 2018, National Center for Juvenile Justice
3. Status offense issues – New York, JJGPS
4. Juvenile Justice – compliance monitoring, NY DCJS
5. JUVENILE STATUS OFFENSES FACT SHEET, ACT4JJ
6. Crimes by Children, NY CourtHelp