By Rose Wehrman
Truancy is directly correlated with negative educational and life outcomes for students. The state exacerbates these negative effects when it removes students from their homes for truancy. Far from addressing the underlying causes of truancy, home removals—whether into secure or non-secure placements—cause devastating harm.
The Juvenile Justice Delinquency and Prevention Act (JJDPA) allows, with some restriction, for children to be incarcerated for truancy. Additionally, the JJDPA has never regulated the civil removal of juvenile status offenders to non-secure yet prison-like placements. JJDPA reform has so far focused on the harms of incarceration—a worthy cause, but one that must not overshadow the overlapping harms of non-secure removals.
This Note argues that truancy should not be handled by removing children from their homes and proposes revisions to the JJDPA that would bring the Act closer to its purpose: preventing delinquency and providing necessary services. To achieve the intended purpose of the JJDPA, Congress must implement further reform. This Note offers an analysis of how non-secure home removals intersect with the JJDPA and extends existing discourse through its analysis of post-2018 valid court order (VCO) exceptions. Ultimately, this Note demonstrates how non-secure civil removals and VCO incarcerations frustrate the intended purpose of the JJDPA.
Part I discusses the scope of the truancy problem and the JJDPA’s background and context. Part II offers insight into the unique harms of home removals, and Part III demonstrates how current loopholes frustrate the purpose of the JJDPA. Part IV suggests revisions to strengthen the JJDPA’s protections and more closely align the bill with its purpose.