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The Compounded Issues of Native Youth in the Juvenile Justice System [imprintnews.org]

 

Youth Voices Rising writer Jacqueline Robles. Courtesy of Robles.

By Jacqueline Robles, The Imprint, September 26, 2023



The overrepresentation of Native American youth in foster care is a concerning and multifaceted issue prevalent in both the United States and Canada. This unsettling situation has disrupted many Native youth’s lives, resulting in a loss of family connections, cultural identity, and a sense of belonging. The root causes of this disproportionality can be traced back to historical injustices and ongoing disparities faced by Indigenous communities. Throughout history, these communities have endured a legacy of colonization, forced assimilation, and cultural suppression, contributing to the erosion of traditional family structures and social support systems. Economic disparities, limited access to quality education, healthcare, and other vital resources further exacerbate the vulnerability of Native families and their children to child welfare intervention.

Once placed within the foster care system, American Indian youth confront a series of compounded challenges, amplifying their sense of marginalization. They are disproportionately overrepresented in state and federal juvenile justice systems, where they frequently endure harsh treatment in highly restrictive environments. Compared to their white counterparts, American Indian/Alaska Native youth are 50 percent more likely to be subjected to punitive measures, such as pepper spray attacks, restraint, isolation, out-of-home placements following adjudication, or transfers to adult criminal court. These punitive actions can inflict severe harm on their mental and emotional well-being, perpetuating a cycle of trauma and alienation.

Alarmingly, a 2022 report from the National Center for Juvenile Justice revealed that tribal youth are three times as likely to be incarcerated compared to their white peers, underscoring the urgency of addressing this issue. Moreover, these young individuals often find themselves confined in long-term facilities far from their tribal lands, exacerbating their sense of disconnection from their cultural heritage and support networks.

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