NCJ Number
191711
Journal
Children's Legal Rights Journal Volume: 21 Issue: 2 Dated: Summer 2001 Pages: 17-23
Date Published
2001
Length
7 pages
Annotation
This article describes the situation and prosecution of an abused child with severe behavior problems and argues that prosecuting these children represents prosecuting children for their disabilities.
Abstract
Crystal was 10.5 years old when charged with assault for hitting her special education aide, who was removing her from the classroom for being unruly. Crystal came from a family with a long history of cocaine and alcohol abuse and domestic assault, was born when her drug-abusing mother was age 15, and experienced physical and sexual abuse. The mother’s parental rights were terminated when Crystal was 7. Crystal entered her 10th placement, a therapeutic foster home, after five foster homes, a shelter, a residential program, and a psychiatric hospital. Her aggression in the classroom was frequent. Intervening successfully in her behavior required understanding female development and the impact of child sexual abuse, loss, and prenatal drug exposure on children and their developing brains. Teachers, foster parents, and others who care for angry or depressed children with such histories must use substantially different approaches than with other children. They need to recognize that these children may not be able to stop reacting to school staff and other caregivers. Prosecuting children for their disabilities sets up an unacceptable conflict between their delayed development versus the appearance of dangerousness because of their size and aggressive reactions. These children need a combination of interventions to recover from early trauma and compensate for compromised brain function. Criminalizing the disabilities of traumatized and prenatally drug-exposed children is harmful and will not change their behavior. Instead of prosecution, the Americans with Disabilities Act and the Individuals with Disabilities Education Act provide guidelines for services to meet their needs and develop the ability to regulate their own behavior. Reference notes