Over two million youth under age 18 are arrested each year in this country; a million of them will be formally handled in the juvenile justice system.

The weight of punitive juvenile justice policies falls disproportionately on children of color. For example, although African American youth ages 10 to 17 constitute only 15% of the U.S. population, they account for:

• 26 percent of juvenile arrests
  
• 32 percent of delinquency referrals to juvenile court
  
• 41 percent of juveniles detained in delinquency cases
  
• 46 percent of juveniles committed to secure institutions, and
  
• 52 percent of juveniles transferred to adult criminal court.¹
  

Other recent data indicates that, while minority youth (including Hispanic youth) comprise 32% of the U.S. population between the ages of 10 to 17, they make up 68% of the detention population and 68% of those committed to secure institutions. Minority juveniles are over-represented in adult jails at 2.5 times their percentage in the at-risk juvenile population.²

The overrepresentation of minority youth is amplified at each stage in the juvenile justice system, from arrest through secure confinement. Minority children are more likely to be treated in a manner that moves them deeper into the juvenile justice system.

At the same time, children of color are underserved by the mental health system. Many children of color entering the juvenile justice system have either not been helped or have been poorly served by systems in the community, including the public mental health system. For example:

• When they do receive services, African American adolescents with mental health problems tend to be diagnosed with more severe disorders, including disorders considered less amenable to treatment.³ Psychiatric hospitalization rates for African American adolescents are two to three times the rates for majority youth,⁴ suggesting that prevention and early intervention services may be less available to African American youth.

• African American adolescents (particularly males) are more likely to be referred to the juvenile justice system rather than the treatment system,⁵ and African American juvenile offenders are less likely than their white counterparts to have previously received mental health services.⁶

• Historically, Mexican Americans and other immigrant groups have shown low rates of use of mental health services, due in part to language differences and lack of neighborhood-based services.⁷

What needs to happen in order to better address the mental health needs of youth of color in the juvenile justice system?

• We need to improve systems of care for adolescents generally, but especially for low income youth and youth of color who currently have limited access to treatment. Greater integration of systems of care is only possible through enhanced collaboration between mental health, juvenile justice, education, child welfare, and other systems which serve children, adolescents, and their families.

• Because youth of color are more likely than white youth to have their mental health problems identified through the juvenile justice system, they are less likely to undergo a thorough psychological assessment and less likely to receive therapeutic treatment. Early identification and treatment of mental disorders must be made available to youth and families who come into contact with the juvenile justice system, with diversion into the treatment system an option whenever possible.

• Greater attention needs to be paid to the role families and kinship networks play in the social functioning of young people. It is particularly important to assess family structure and level of acculturation among Hispanic youth and families.

• Economic status, education, health care, housing, racism, and other ecological factors affect the functioning of the adolescent and the adolescent's family and social network. Poverty, in particular, is a risk factor for developing psychological problems. Professionals must address problems posed by systems external to the family.

• Cultural competence is an essential attribute of an integrated service delivery system. This involves the development of culturally appropriate assessment instruments, as well as adequate training of mental health and juvenile justice professionals in issues of cultural diversity. Professionals should focus on the strengths and protective factors available to culturally diverse youth, including their families and extended families.