PROLONGED INCARCERATION OF CHILDREN DUE TO MENTAL HEALTH CARE SHORTAGES

By the staff of Democratic Sen. Jon Ossoff and Republican Rep. Jen Kiggans

U.S. Senator Jon Ossoff of Georgia and Representative Jen Kiggans of Virginia have launched a bipartisan investigation into the incarceration of children with mental health conditions in juvenile detention facilities (“facilities”)—centers designed to detain children charged with or sentenced for delinquent offenses—across the United States. As part of this investigation, beginning in May 2024, Sen. Ossoff and Rep. Kiggans surveyed facilities about what circumstances lead to the prolonged detention of children with mental health conditions and children who have not been charged with offenses. In survey responses, 75 facilities across 25 states reported incarcerating children who could be eligible for release to mental health care programs outside the facility but remained incarcerated because the care they needed was not yet available. More than half of these facilities reported incarcerating children in these circumstances for at least one month, and some reported incarcerating children in these circumstances for up to a year. Facilities reported incarcerating children who are on the autism spectrum, who have general neurodevelopmental issues, or who engage in severe self-harm, who could be eligible for release to an external program or health facility. One facility in North Dakota reported that children “with neurodevelopmental issues sometimes are held the longest, while waiting on forensic evaluations of competency.” Twenty responding facilities in 13 states reported incarcerating children either with no charges or with charges that would not ordinarily lead to placement in juvenile detention. Many of these facilities reported incarcerating these children because they needed mental health services outside of the facility that were not yet available or needed mental health care available at the facility and not outside. One facility reported that, in the year before the survey was administered, it held as many as 29 children without charges or with charges that would not ordinarily lead to detention due to a lack of available offsite mental health care. Another facility reported that, in the year before the survey was administered, it held 10 children in these circumstances solely so that they could access internal mental health services not available outside the facility. Another reported incarcerating children in these circumstances for more than a year due to lack of offsite mental health care. Six facilities reported incarcerating children beyond their expected release dates after their charges were dropped or sentences completed, due to lack of available offsite mental health care. One facility reported that it had held roughly 50 children under these circumstances in the year before the survey was administered alone.According to experts in pediatric care, incarcerated children have high rates of physical, mental health and developmental needs that may be undiagnosed or under-addressed in custodial facilities. Incarcerated children also face limited access to evidence-based medical care and a lack of educational opportunities. Other experts warn that incarcerating children can cause adverse lifelong medical and mental health outcomes including higher rates of depression, and suicidality.