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Juvenile Justice
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Juvenile Justice
Advancing Research,Policy, and Practice
Edited by
FRANCINE T. SHERMAN andFRANCINE H. JACOBS
John Wiley & Sons, Inc.
FFIRS 08/18/2011 4:7:45 Page 4
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Library of Congress Cataloging-in-Publication Data:
Juvenile justice: advancing research, policy, and practice/edited by Francine T. Sherman and Francine H. Jacobs.
p. cm.
Includes index.
ISBNs 978-0-470-49704-3; 978-1-118-10586-3; 978-1-118-10585-6; 978-1-118-10587-0; 978-1-118-09337-5
1. Juvenile justice, Administration of—United States. 2. Juvenile corrections—United States. 3. Juvenile
delinquents—United States. I. Sherman, Francine T., 1955- II. Jacobs, Francine H.
HV9104.J864 2011
364.630973—dc22 2011014932
Printed in the United States of America
10 9 8 7 6 5 4 3 2 1
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To all the children, families, advocates, practitioners,
and policy makers involved with juvenile justice,
acknowledging the critical roles you play in creating
a more humane and effective system
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Contents
Foreword Justice for America’s Children xi
Marian Wright Edelman
Preface xv
Francine T. Sherman and Francine H. Jacobs
Introduction xvii
Francine T. Sherman and Francine H. Jacobs
Contributors xxvii
SECTION I
Framing the Issues 1
Chapter 1 A Developmental View of Youth in theJuvenile Justice System 3
Marty Beyer
Chapter 2 Youth in the Juvenile Justice System:Characteristics and Patterns of Involvement 24
Kristi Holsinger
Chapter 3 The Health of Youth in the JuvenileJustice System 44
Paula Braverman and Robert Morris
Chapter 4 Children’s Rights and Relationships:A Legal Framework 68
Francine T. Sherman and Hon. Jay Blitzman
Chapter 5 A Vision for the American Juvenile Justice System:The Positive Youth Development Perspective 92
Richard M. Lerner, Michael D. Wiatrowski, Megan Kiely Mueller,Christopher M. Napolitano, Kristina L. Schmid, and Anita Pritchard
vii
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SECTION II
Understanding Individual Youth 109
Chapter 6 Race, Ethnicity, and Ancestry in Juvenile Justice 111
James Bell and Raquel Mariscal
Chapter 7 The Role of Gender in Youth Systems:Grace’s Story 131
Francine T. Sherman and Jessica H. Greenstone
Chapter 8 Lesbian, Gay, Bisexual, and Transgender (LGBT)Youth and the Juvenile Justice System 156
Laura Garnette, Angela Irvine, Carolyn Reyes, and Shannan Wilber
Chapter 9 Adolescent Parents and the Juvenile Justice System:Toward Developmentally and Socioculturally BasedProvision of Services 174
Ellen E. Pinderhughes, Karen T. Craddock, and LaTasha L. Fermin
SECTION III
Understanding Youth in Context 197
Chapter 10 Parents, Families, and the Juvenile Justice System 199
Francine H. Jacobs, Claudia Miranda-Julian, and Rachael Kaplan
Chapter 11 Violence Within Families and Intimate Relationships 223
Linda L. Baker, Alison J. Cunningham, and Kimberly E. Harris
Chapter 12 Making a Place for Youth: Social Capital,Resilience, and Communities 245
Robert L. Hawkins, Maryna Vashchenko, and Courtney Davis
Chapter 13 The Developmental Impact of Community Violence 267
Edmund Bruyere and James Garbarino
viii CON T E N T S
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Chapter 14 The Right to a Quality Education for Childrenand Youth in the Juvenile Justice System 286
Kathleen B. Boundy and Joanne Karger
Chapter 15 Juvenile Prison Schooling and Reentry:Disciplining Young Men of Color 310
Sabina E. Vaught
Chapter 16 The System Response to the CommercialSexual Exploitation of Girls 331
Francine T. Sherman and Lisa Goldblatt Grace
Chapter 17 How American Government FramesYouth Problems 352
Timothy Ross and Joel Miller
Chapter 18 Youth Perspectives on Health Care 369
Rachel Oliveri, Ila Deshmukh Towery, Leah Jacobs,and Francine H. Jacobs
SECTION IV
Working for Change 389
Chapter 19 Youth-Led Change 391
Barry Dym, Ken Tangvik, Jesus Gerena, and Jessica Dym Bartlett
Chapter 20 The End of the Reform School? 409
Vincent Schiraldi, Marc Schindler, and Sean J. Goliday
Chapter 21 Collaboration in the Service of Better Systemsfor Youth 433
Anne F. Farrell and Diane M. Myers
Chapter 22 Getting on Board With Juvenile JusticeInformation Technologies 456
Stan Schneider and Lola Simpson
Contents ix
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Chapter 23 Establishing Effective Community-Based Carein Juvenile Justice 477
Peter W. Greenwood and Susan Turner
Chapter 24 Better Research for Better Policies 505
Jeffrey A. Butts and John K. Roman
Afterword 527
Congressman Robert (Bobby) Scott
About the Editors 531
Author Index 533
Subject Index 551
x CON T E N T S
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Foreword: Justice for America’s ChildrenMARIAN WRIGHT EDELMAN
President, Children’s Defense Fund, Washington, DC
The test of the morality of a society is what
it does for its children.
—Dietrich Bonhoeffer (c. 1940)
Has America turned her back on her most
vulnerable children?
America is the richest nation in the world.
We rank #1 in gross domestic product (GDP),
and we have more billionaires than any other
country. Surely, a nation so blessed will take
care of its children, who are its greatest treasure,
its future, and its most vulnerable population.
Yet the gap between rich and poor in
America is greater than in any other major
industrialized nation1 and is growing wider,
dooming millions of children to the fate of
growing up poor—if they survive infancy.
Today, tens of thousands of poor babies in
rich America enter the world with multiple
strikes against them: born without prenatal
care, at low birth weight, and to a teen, poor,
and poorly educated single mother and absent
father. Many are funneled from birth into what
the Children’s Defense Fund calls ‘‘the cradle-
to-prison pipeline,’’ which traps children into
life paths marked by abuse, illness, school failure
and suspension, detention, incarceration, and,
too often, early death. Others become trapped
in the pipeline to prison later in life.
At crucial points in a poor child’s develop-
ment, more risks pile on—the loss of a parent,
sibling, or friend; low teacher expectations;
family or neighborhood violence; gang
involvement—making a successful transition
to productive adulthood significantly less likely
and involvement in the criminal justice system
significantly more likely. For children of color,
who are disproportionately poor, the odds of
youth detention and eventual incarceration as
adults greatly exceed those for White children.
Black children are 3 times as likely as White
children to be poor. A Black boy born in 2001
is more than 5 times as likely as a White boy
born that same year to be incarcerated at some
point during his lifetime.
And, in the past 20 years, sentencing for
juveniles in our nation has become increas-
ingly harsh and punitive and there has been an
increase of 72% in the number of children
held in America’s juvenile detention centers;2
thousands of children are held in adult prisons.
As a number of the chapters in this im-
portant volume illustrate, the experiences of
detained and incarcerated children in America
are rarely rehabilitative. Children and teens
who go through our nation’s juvenile justice
2Myers, D. M., & Farrell, Anne F. (2008). Reclaiming
Lost Opportunities: Applying Public Health Models in
Juvenile Justice. Children and Youth Services Review 30,
1159–1177.
1OECD Report (2009), Growing Unequal? Income Distri-
bution and Poverty in OECD Countries, notes that ‘‘the
United States is the country with the highest inequality
level and poverty rate across the OECD, Mexico and
Turkey excepted.’’
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system are condemned to long terms at large
youth detention centers and adult prisons only
to languish in cells surrounded by thick walls
and razor wire. Too often, they are locked
down for long periods of the day with no real
opportunities for rehabilitation, treatment, or
education. Many youth become hardened
criminals while incarcerated, and at the end
of their sentences they are released into com-
munities that don’t have adequate resources to
reintegrate them.
Tragically, instead of helping disadvantaged
youth become responsible adults, the juvenile
justice system today has become a major feeder
into the cradle-to-prison pipeline, leading
young people into the adult criminal system.
That pipeline runs through economically de-
pressed neighborhoods and failing schools;
across vacant lots where playgrounds and health
facilities should be; and in and out of broken,
understaffed child welfare agencies. By the time
many children get arrested and are brought
before a juvenile court, they have been pro-
vided far too little loving and thoughtful adult
support—only to face purported child-serving
systems that treat them unjustly.
The high number of cases that juvenile
courts administer—an estimated 1.6 million
cases each year nationwide—is attributable to
the fact that we, the adults, have let our most
vulnerable children down. We don’t pay at-
tention to early warning signs, such as a drop
in grades or a reluctance to go to school, that
indicate poor children need help; we don’t
provide them with adequate mental health
services or other counsel; and we have per-
mitted the increasing criminalization of chil-
dren at younger and younger ages for
behaviors that used to be handled by families,
churches, teachers, and community organiza-
tions. We seem to have forgotten that children
are children, and that our job as adults is to
guarantee their safe passage to successful,
productive adulthood by guiding them, nur-
turing them, protecting them, and teaching
them.
It was not always so. America’s juvenile
justice system was once regarded as one of the
most enlightened in the world. It was founded
over 100 years ago on the principle that chil-
dren, unlike adults, are still developing and that
many of their perceptions, actions, and re-
actions are immature responses to an increas-
ingly complex world. The early American
juvenile justice philosophy taught that, with
the proper guidance, children can learn new
behaviors and attitudes as they mature. The
emphasis was on rehabilitation, not punishment
and retribution. In order to grow into respon-
sible and caring adults, it was believed, youthful
offenders need support, treatment, and care.
The editors of this volume and authors of
individual chapters urge us to remember that
the children involved in our juvenile justice
system are, first and foremost, children. Like all
children, they need the love and guidance of
adults—in their families, in their neighbor-
hoods, in their communities—to develop their
considerable potential and to thrive. And like
all children, they need a nurturing school
environment, the attention of caring and tal-
ented teachers who know their students can
learn, and a rigorous curriculum that gives all
students the skills to succeed in college and the
workplace. The fact that risk factors such as
poverty, discrimination, and personal tragedy
add stress to their young lives and increase their
chances of becoming trapped in the cradle-to-
prison pipeline should not cause us, the adults
in their lives, to lower our expectations for
their success or, worse, write them off or
abandon them. Indeed, their increased vul-
nerability should make us redouble our efforts
to give them the support and care they sorely
need. Repeatedly, in the chapters of this vol-
ume, we are reminded that deficit- and
xii F O R EWORD : J U S T I C E F O R AM E R I C A ’ S CH I L D R E N
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punishment-based approaches to juvenile jus-
tice only feed the pipeline to prison and that
when we identify children’s strengths and
build on those strengths intentionally and
consistently, we can help children in the juve-
nile justice system grow and thrive.
In the pages that follow, you will meet
children involved in the juvenile justice system
whowould have benefited from a coordinated,
caring, and developmentally appropriate system
of support. There is Marco, a young boy who
initially did well in school and loved science but
whose grades droppedwhen he became sad and
fearful in middle school because he was terror-
ized by gang violence in his neighborhood and
witnessed the murder of a friend; no adults
picked up on signs of his stress or bothered to
check in with him to see what was going on. As
his fears grew, Marco succumbed to pressure to
join a gang ‘‘for protection’’ and, before long,
he was charged with being an accessory to a
crime in a drive-by shooting.
You also will hear from Grace, an intelli-
gent and outspoken young girl of color who,
shortly after her placement in a foster home
(a placement she perceived as punishment), was
charged with assault on a public employee and
‘‘disturbing school assembly.’’ After Grace’s
expulsion from school, she was shuttled among
foster homes, residential placements, and secure
detention, as the Department of Family Ser-
vices and the Department of Juvenile Justice
struggled over control of her case. And you will
visit a juvenile justice detention center school
where children 13–20 years old are regarded as
‘‘predators’’ by the adults in charge of their care
andwhose ‘‘sentences’’ are extendedwhen they
fall asleep in class.
The authors place such stories in the
context of the latest research and recommend
best practices on child development that
emphasize the importance of an environmen-
tal, developmental approach that builds on a
child’s strengths. The chapter on youth-led
change introduces us to youth who have dis-
covered, within themselves, immense re-
sources not only to change themselves but
to transform their communities, creating ‘‘vir-
tuous cycles’’ (instead of ‘‘vicious cycles’’) that
serve as positive feedback loops building on
increasing strengths.
The lessons in this book remind us that we
can—and that we must—do better, for the sake
of our children, their futures, and the sake of
our nation. Incarceration should not be our
society’s first or primary response to youth in
trouble. Judges need to look for opportunities
to offer poor, young, and minority defendants
the same second chances most privileged youth
can count on. These include alternatives to
incarceration such as restitution, community
service, electronic monitoring, drug rehabilita-
tion treatment, or placement in a ‘‘staff secure’’
(but not locked) community corrections facil-
ity. These youth in trouble must get the educa-
tion, special education, mental health
treatment, and other services they need. We
must ensure that systems intended to support
children actually help them, instead of serving
as entryways into the cradle-to-prison pipeline.
And as the final chapter in this volume makes
abundantly clear, child welfare, juvenile justice,
and education systems all need to collaborate to
design individualized systems of support that
build on each child’s strengths.
There is already good work under way in a
number of states and communities, and you
will read about that work throughout this
volume. Committed leaders and staff are
working to rid the system of the abusive
and punitive treatment of youth in custody
that now too often pushes them into the adult
criminal justice system. Reforms in Missouri’s
juvenile justice system, often now referred to
as the Missouri Model, have replaced large
training schools and detention facilities with
Foreword: Justice for America’s Children xiii
FBETW 08/18/2011 4:12:33 Page 14
small group programs located as close to
youth’s homes as possible. These small pro-
grams offer a broad range of therapeutic inter-
ventions and are staffed by highly trained and
educated staff who understand that construc-
tive reform is best accomplished through pos-
itive behavioral supports and that the use of
force must be kept to a minimum. The
Missouri Model is being used to promote
juvenile justice reforms in Louisiana; New
Mexico; San Jose, California; andWashington,
DC, and other jurisdictions are waiting in line.
States such as California, Texas, and NewYork
are also making progress in establishing alter-
natives to secure confinement. The Juvenile
Detention Alternatives Initiative, begun by the
Annie E. Casey Foundation 15 years ago, has
reduced the number of youth in detention
and in some places also reduced the number
of juvenile arrests.
The goal of these and other reforms is to
create throughout our nation a juvenile justice
system that will give children the support they
need to grow into thoughtful, confident, car-
ing, and productive adults as they transition to
the community. We must bring to scale the
reforms already under way that build on the
strengths of children, youth, and families;
provide children and youth with individual-
ized and comprehensive services in the least
restrictive setting appropriate to their needs;
promote evidence-based approaches; and
assist and support the successful return of
youth to their communities. These new
approaches recognize the usefulness and
importance of tracking outcomes for youth
and responses to the new reforms over both
the short and long term.
At the same time, we must take action to
address the root causes of a child’s involvement
with the juvenile justice system so that we
might keep children and youth from ever
entering the system. We must eliminate child
poverty, assure every child comprehensive
health and mental health coverage and the
early childhood experiences and education
required to meet their individual needs, and
offer families the supports needed to keep their
children safe and in nurturing communities.
This volume is a call to action, and I
encourage everyone who reads it to take steps
to ensure that all America’s children are given
an equal chance to succeed. We must all work
together to replace the cradle-to-prison pipe-
line with a pipeline to responsible, productive
adulthood.
xiv F OR EWORD : J U S T I C E F O R AM E R I C A ’ S CH I L D R E N
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PrefaceFRANCINE T. SHERMAN AND FRANCINE H. JACOBS
The idea for this book grew out of our 5-year
collaboration on theMassachusetts Health Pass-
port Project (MHPP; first the Girls’ Health
Passport Project), which was an effort to de-
velop a system of continuous health-care access
for girls, and then boys and girls, committed to
the Massachusetts Department of Youth Ser-
vices. Fran Sherman was the principal investi-
gator of the core project to develop and
implement MHPP, and Fran Jacobs and her
team at Tufts University, of its evaluation.
Through many hours of discussion, debate,
and mutual education explicating MHPP goals
and teasing out ways to evaluate them, we each
discovered new, more critical ways of thinking
about our own fields, along with new connec-
tions among the worlds of law, policy, and the
social sciences. The experience was both
refreshing and challenging.
For us, that concrete, almost daily collabo-
ration reinforced our belief in interdisciplinary
conversations and understandings of juvenile
justice and broader youth policy. It also re-
inforced the importance of looking behind
practice (however successful you think you
are being) to understand how, and the extent
to which, it reflects current theory and research
on the one hand, and is approaching attainment
of its goals, on the other. That iterative process
of doing and analyzing and then redoing and
reanalyzing, is key to the development of sound
and innovative juvenile justice policy and
practice moving forward, and was practiced,
as well, in the development of this volume. In
that spirit, we hope this book will stimulate
both interdisciplinary conversations among stu-
dents, academics, policy makers and practition-
ers, and links among practice, research, and
theory to develop programs and policies pro-
moting positive development for youth and
their communities.
We have both benefited from the support
and dedication of talented students and col-
leagues. I (Fran Sherman) am grateful to the
Juvenile Rights Advocacy Project clinic and
seminar, which gives me the invaluable, daily
opportunity to see juvenile law and policy
through the fresh eyes and quick minds of
second- and third-year law students; to
Rebecca Vose and Tony DeMarco, my JRAP
colleagues, who have made my work life both
stimulating and fun and have been so generous
with their time, giving me time towork on this
volume, and Judy McMorrow, who has pro-
vided thoughtful and consistent counsel and
friendship through all of my 26 years at Boston
College Law School. I also want to thank my
national juvenile justice colleagues, many of
whom have contributed to this volume, who
demonstrate the power of vision, leadership,
devotion, and intentionality in implementing
smart and effective juvenile justice practices and
policies. The many youth and, particularly
young women, whom I have represented
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FPREF 08/18/2011 4:10:46 Page 16
over 30 years, are an ongoing inspiration and
education, and are, of course at the core of this
volume.
Likewise, I (Fran Jacobs) have much
appreciated the support and encouragement
of colleagues in both of my departments at
Tufts—the Eliot-Pearson Department of
Child Development, and the Department
of Urban and Environmental Policy and
Planning—many of whom, from distinct
and distantly flung perches in the worlds of
child development and public policy, have
had encouraging words to share about the
worthiness of this book. Rachel Oliveri, Ila
Deshmukh Towery, Jessica Greenstone, and
Claudia Miranda-Julian expertly helped us
convert what was learned in the course of
the MHPP evaluation into broader lessons
for juvenile justice policy. And Maryna
Vashchenko and Jessica Dym Bartlett pro-
vided expert substantive consultation and
patient editorial intervention. At Boston
College Law School, Classie Davis, Celeste
Laramie, Kori Burnham, Lauren Whillhoite,
Hilary Jaffe, Coleman Peng, Dan Maltzman,
Mary Ann Neary, and Chester Kozikowski all
provided important research and administra-
tive support.
A number of foundations supported
the Girls’ Health Passport Project and the
Massachusetts Health Passport Project in
some way, and through that support helped
stimulate the thinking behind this volume.
They are: The Blue Cross Blue Shield of
Massachusetts Foundation, The Jacob and
Valeria Langeloth Foundation, The Boston
Foundation, the Florence V. Burden Founda-
tion, The Jessie B. Cox Charitable Trust, and
the Gardiner Howland Shaw Foundation. We
are grateful for their support and for the
encouragement and insight provided by our
grant administrators in each and every case. I
(Fran Sherman) have greatly appreciated the
support and fellowship I have received over the
years from my colleagues at the Annie E. Casey
Foundation’s Juvenile Detention Alternatives
Initiative. The many lessons I have learned
from them are woven through this volume.
We both thank our universities, Boston Col-
lege Law School and Tufts University, respec-
tively, for providing us with essential research
leave and support to work on this volume. We
are also grateful to MarianWright Edelman for
her foreword to this volume; her career as an
advocate for children is unparalleled and stands
as an inspiration.
My (Fran Sherman) boundless love, grat-
itude, and respect go to my three children,
Leah, Sarah, and Jake Tucker for their warmth,
kindness, intelligence, and senses of humor.
This book and so much of my work, which is
centrally about ways to support youth, is dedi-
cated to my children for the way they honor
their many gifts and opportunities. They aremy
inspiration, and I look forward to continuing to
watch their adult lives unfold. And most of all,
my gratitude and love go to my husband, Scott
Tucker—my best friend, most solid support,
and biggest booster.
My (Fran Jacobs) deep gratitude goes
to my family—first and foremost to my hus-
band Barry Dym—and then to my children
(Jessica and JJ Bartlett, and Gabriel Dym and
Rachael Kaplan) and grandchildren (Molly
and Jake Bartlett, and Eli Aaron Dym) for
having the patience to see me through this
process, and the good sense to avoid me on
those crunch writing days. My 91-year-old
mother, Miriam Jacobs, kept up on the prog-
ress of this project, celebrating with me the
completion of each phase. This book, about
children and families and the help that every
one of them needs and deserves, pays tribute
to them all.
xvi P R E F A C E
CINTRO 08/18/2011 4:13:24 Page 17
IntroductionFRANCINE T. SHERMAN AND FRANCINE H. JACOBS
Arthur Schlesinger Jr. (1986) observed that
the history of social policy in the United
States reflects fairly predictable cycles, com-
pleted in 30 years or so, between liberalism
and conservatism—‘‘public purpose and private
interest’’ (p. 31). These cycles of national in-
volvement with issues of social concern invig-
orate our politics with new energy and ideas;
their seeds are sown, during previous cycles, as
forays of innovation that eventually coalesce.
And although it can appear at the ‘‘end’’ of a
cycle, that policy has not advanced much, if at
all, in fact the process is recursive. For better or
worse, we never do return precisely to where
we were, and every so often, the change in
policy direction is bold, significant, and per-
manent. Those of us who came of age in the
1960s and 1970switnessed this transformational
progress in civil rights, women’s rights, and the
rights of persons with disabilities.
And then there is juvenile justice policy. It is
often noted that our national disposition toward
delinquent youth and our approach to addressing
their deeds and needs vacillate, unsurprisingly,
and in the regular cycles that Schlesinger de-
scribed, between punishment and rehabilitation.
Modest changes are often consolidated before
the pendulum swings once again in the opposite
direction; reformers at either end tool up, ready-
ing themselves to undo or modify what has been
codified in the ‘‘down’’ cycle.
The prediction of the ‘‘coming of the super-
predators’’ by John Dilulio (1995, November
27), then a professor at Princeton University, in
the mid-1990s, may represent the apogee of the
pendular swing of that time, themidpoint of that
cycle. Broadly speaking, with the Juvenile Justice
and Delinquency Prevention Act and the pro-
cedural due process revolution of the late 1960s
and 1970s, juvenile justice policy had become
more rehabilitative in orientation. Rates of ju-
venile crime arrests increased over the 1980s,
however, and the population of juvenile offend-
ers became increasingly racialized. The rise in
juvenile violent crime arrests during the 1980s
was a complex, multidetermined phenomenon
(Zimring, 1998), however, and by 1994 juvenile
violent crime arrests had already begun their
long decline (Puzzanchera, 2009). Nonetheless,
Dilulio capitalized on, and catalyzed, the grow-
ing sentiment among Americans that these
youth were too dangerous to have in our midst.
They were depraved, thoroughly incorrigible,
and therefore needing to be removed from
society to protect the rest of us.
We know the end of this story: That on-
slaught never materialized—and indeed, juve-
nile crime statistics have evidenced steady
improvement over the ensuing years (Puzzan-
chera, 2009). Nonetheless, the late 1990s wit-
nessed a flurry of state legislation that expanded
punitive approaches for juveniles, including
making it easier to transfer youth to the adult
correctional system.
Meanwhile, reformers were preparing for
the next cycle to emerge, and that cycle is,
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CINTRO 08/18/2011 4:13:24 Page 18
indeed, upon us. There are many recent signs of
progress toward a more rehabilitative posture in
juvenile justice. The Supreme Court’s decisions
inRoper v. Simmons (2005) andGraham v. Florida
(2010) struck down the juvenile death penalty
entirely and juvenile life without parole in non-
homicide cases based, in part, on grounds of
child development and neuroscience. On the
front end of the system, detention reform has
significant national momentum, helping juris-
dictions to be more accountable to youth and
communities and reduce the use of secure de-
tention to cases of greatest community and flight
risk. On the back end of the system, led by
the Missouri Model, states are reducing their
reliance on secure youth institutions and build-
ing networks of community-based youth
programs on principles of positive youth devel-
opment. Around the country there is increasing
use of evaluation—and evidence-based practices
in juvenile justice systems—reflecting a more
thoughtful and hopeful approach to meeting the
goals these systems set for themselves.
With greater interdisciplinary engage-
ment, new ways to understand and support
youth in the system have emerged. Positive
youth development, ecological developmental
theory, family systems theory, and new re-
search on adolescent brain development, for
example, are infiltrating programming and
policy discussions in juvenile justice as well
as the law. This is a moment of hope and
possibilities; and perhaps these new possibilit-
ies will even direct us toward transformational
changes in juvenile justice.
THE ARCHITECTUREOF THE VOLUME
The organization of this volume, reflecting the
forward-facing trends previously noted, is eco-
logical in structure, considering youth in the
juvenile justice system within the context of
their families, communities, and the multiple
public systems that influence them, and are
influenced by them as well. Although most
of its chapters are scholarly in tone and content,
other authors approach their topics with an
activist orientation—a mix of perspectives we
sought out from the volume’s inception. Chap-
ter authors represent a broad range of disciplines
and perspectives, also necessary, in our view, to
engage meaningful juvenile justice policy.
Following this ecological roadmap, Juvenile
Justice: Advancing Research, Policy, and Practice is
divided into four sections: The first, ‘‘Framing
the Issues,’’ offers an introduction to the core
elements of the juvenile justice system—the
youth, the proposed developmental lens (posi-
tive youth development) through which to
consider their behaviors and the system’s re-
sponses to them, and the law that undergirds
and directs the system operations. Next, in
‘‘Understanding Individual Youth,’’ we provide
more in-depth portraits of subgroups of these
youth, according to characteristics that appear
to influence their experiences in the systems—
race and ethnicity, gender, sexual orientation,
and family circumstances. Next, in ‘‘Under-
standing Youth in Context,’’ we open the lens
and examine aspects of family, community, and
formal and informal systems particularly rele-
vant to youth’s system involvement. Finally, in
‘‘Working for Change,’’ we highlight some of
the most promising innovations in juvenile
justice; combined they offer a vision for the
future of juvenile justice system policy.
BASIC PREMISES
Although the chapters in this volume present a
range of opinions and approaches to collecting
and validating evidence, certain underlying
premises are represented in the book—obvious
xviii I N T R O DU C T I O N
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tous,butworthmentioning—thatcontribute to
the volume’s overall point of view.
& Youth have a set of legal rights that are
central to the structure and operation
of effective and successful public sys-
tems and of society as a whole. The
juvenile justice system is first a legal
system, with youth involvement trig-
gered by an alleged law violation.
Youth do not lose their rights
when they enter this system; rather,
in significant ways, their rights are
appropriately enhanced in counter-
point to the risk the system poses to
them. The rights of system-involved
youth, and of children generally, have
a long history in the United States
and can be understood to advance
youth’s needs and autonomy. Youth
law can also be understood ecologi-
cally, with children’s rights in relation-
ship with those of their parents and
the state. When the legal system
works properly, it both respects and
protects youth.& The course of development is mallea-
ble, at least into early adulthood.While
early experiences are core to a child’s
development, a substantial, accumulat-
ing body of theory and research—
reflected in recent Supreme Court
and other court decisions—concludes
that this developmental trajectory is
not set by adolescence. Youth in the
juvenile justice system, therefore, are
still maturing, making them amenable
to rehabilitation and, using value
language, redeemable.& This course of development is also
multidetermined, involving millions
of transactions and ‘‘inputs.’’ Urie
Bronfenbrenner, the developmental
psychologist who coined the term
ecological development for use in his
field, imagined the child as the core
piece in a collection of nested, Rus-
sian dolls—at the center of a set
of concentric circles of influence,
including families; communities; in-
formal and formal, governmental and
nongovernmental institutions and or-
ganizations; and societal values and
beliefs. Youth are both shaped by
and shape their environments, and
interventions to affect individual de-
velopment need to factor these con-
texts, centrally, into the equation.& The juvenile justice system is in the
position both to improve and to de-
grade the functioning and future pros-
pects of youth in its custody. Even
assuming a benign or helping orienta-
tion, the juvenile justice system as pres-
ently structured (a back-end, after-the-
fact, residual system)isnotwell-situated
to achieve its rehabilitation goals; there
is a poor match between what youth
need and what the system can provide.
Given the awesome legal power it
holds, systemreformersare increasingly
proposing adoptionof the ‘‘First, do no
harm’’ dictum—involvement only or
primarily with those youth whose
actions clearly demonstrate imminent
risk to public safety.& Juvenile justice system reformers un-
derstand that much of the essential
work for youth occurs at local levels.
It follows, then, that efforts should be
directed at families and communities
as the primary vehicles for positive
change for youth. The juvenile justice
process should be used to intention-
ally engage these levels of youth ecol-
ogy with, for example, positive youth
Introduction xix
CINTRO 08/18/2011 4:13:25 Page 20
development models of juvenile
defense, expanded diversion, proba-
tion as brokers of community services,
reduced use of secure detention
and treatment, and expansion of
community- and family-focused treat-
ment at the back end of the system.& The most promising juvenile justice
policy includes respectful, authentic
engagement of the full range of its
participants. Although theory and re-
search, and the wisdom of practition-
ers, are important cornerstones of
juvenile justice policy, so are the be-
liefs, opinions, strategic recommenda-
tions, and visions for the future of
system-involved youth, their parents
and family members, their neighbors,
and other members of the community.
This input is critical to developing
services that youth and families actu-
ally use, and to redressing the long-
standing sense of disregard that these
individuals have experienced.& Interdisciplinarity in research, prac-
tice, and policy is critical to the devel-
opment of a well-functioning system.
Juvenile justice (like most of youth
policy) is a naturally interdisciplinary
field and should be intentionally ap-
proached as such. Practitioners, schol-
ars, and advocates in law, developmental
psychology, and sociology must make
their work comprehensible across disci-
plines. Demystifying these disciplines
for use by one another contributes to
essential cross-system collaboration.& Policy is also normative, informed by
values. Research can get us only so
far; at a certain point the decision is
about the kind of society in which we
want to live—inclusive or exclusive;
more or less equitable, with more or
less of a generous civic impulse. Effec-
tive juvenile justice systems are self-
reflective in this way, asking them-
selves what they stand for, how they
want to be viewed, and the result is as
much values-based as evidence-based.
We argue that this is as it should be.& Confronting issues of race and pov-
erty is critical to any real progress—
the beachhead to claim during this
cycle. The juvenile justice system
cannot be fixed until it deals with
the issues of race and poverty that
undergird it and give it its present
shape. The disproportionate minority
contact (DMC) mandate, and federal
and state policy behind it, acknowl-
edge the racial impact of much of
juvenile justice policy, a fact that we
are only beginning to address.
SECTION I: FRAMING THE ISSUES
We begin this volume, and this section, with
an introduction to five system-involved youth
whose developmental trajectories Beyer ana-
lyzes in Chapter 1 using a strengths/needs-
based developmental framework. Based on
years of clinical practice, she argues that ado-
lescent delinquent behavior results, in part,
from immature thinking and the effects of trauma
and learning disabilities, all common in this
population. These factors, in addition to the
youth’s strengths, seen within the context of
their families, peers, schools, neighborhoods,
and cultural communities, must be considered
at all points of the juvenile justice decision-
making process.
In Chapter 2, Holsinger, as a criminolo-
gist, bases her portrait of youth in the juvenile
justice system on nationally available data that
detail their demographic characteristics, and
xx I N T RO DU C T I O N
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the characteristics of the offenses that trigger
and sustain their system involvement. The
chapter includes an overview of the history,
development, and current operations of the
juvenile justice system, providing a shapshot of
the youth involved at each of its phases.
In Chapter 3, Braverman and Morris, both
physicians, introduce these youth as health-care
providers might encounter them: often high-
risk, underserved young people with a host of
unaddressed health, dental, and mental health
needs. After presenting the youth’s profile from
this vantage point, the authors conclude that
the factors that predispose these youth to poor
health outcomes are not a unique combination
of risks, but rather are shared by other disad-
vantaged young people in the United States.
The final two chapters in this section
provide theoretical and empirical scaffolding
for the remainder of the book. In Chapter 4,
Sherman and Blitzman, lawyer and judge,
respectively, provide an overview of U.S.
children’s law, framed both in terms of auton-
omy-based and needs-based rights, and by the
legal dynamic among child, parent, and state.
They highlight the law of juvenile justice and
child welfare systems, and also examine law
relevant to education and health care, two
central institutions for children. The chapter
proceeds ecologically, acknowledging that
children’s lives, including their legal lives,
are related to their families, communities,
and the social institutions surrounding them.
Finally, in Chapter 5, applied develop-
mental scientist Lerner and his colleagues
argue that the contemporary juvenile justice
system is predicated on a deficit view of the
youth in its custody, and as such demonstrates a
counterfactual and counterproductive under-
standing of the nature of adolescent develop-
ment. The authors provide an alternative
lens—the positive youth development (PYD)
perspective—that capitalizes on contemporary
theory and research on adolescent develop-
ment and has profound implications for the
transformation of juvenile justice policy and
programs.
SECTION II: UNDERSTANDINGINDIVIDUAL YOUTH
In Chapter 6, Bell and Mariscal, both lawyers
and advocates, begin with an overview of the
history, causes, and current status of racial and
ethnic disparities in the juvenile justice system,
placing contemporary federal policies pur-
porting ‘‘race neutrality,’’ but actually disad-
vantaging Black and Latino youth, in the
context of a deep historical legacy of systemic
racism. They then examine promising policies
and practices for reducing these disparities,
arguing that despite its history, the juvenile
justice system should strive to, and might
achieve, fairness and equity for all young
people.
In Chapter 7, Sherman and Greenstone—
from a legal and developmental perspective,
respectively—describe the experiences of
‘‘Grace,’’ a teenage girl involved with multiple
public systems, including juvenile justice.
Through detailed analysis of primary interview
data with Grace and others responsible for her
care and supervision, and of court case mate-
rial, they shed light on how Grace’s actions
were interpreted and the responses they
evoked. Their case study includes recommen-
dations for implementing gender-responsive
principles across these systems.
In Chapter 8, Garnette, Irvine, Reyes, and
Wilber (as lawyers, researcher, and system
administrator) follow with a discussion of
the experiences and needs of lesbian, gay,
bisexual, and transgender (LGBT) youth in
the juvenile justice system. The authors offer
a framework for understanding healthy
Introduction xxi
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adolescent development within this popula-
tion, and particular ways it can go awry, and
present data on the often harmful effects of
arrest and detention for LGBT youth. The
chapter concludes with policy and program
recommendations for addressing their needs.
Finally, inChapter 9,Pinderhughes andcol-
leagues, fromacultural/developmental perspec-
tive, present the challenges to development—
particularly identity development—and thus
to parenting, encountered by the diverse
population of incarcerated teen parents who
are involved with the juvenile justice system.
The authors recommend that the system adopt
a more strengths-based orientation to these
young parents, including facilitating contact
with their own children during their confine-
ment; this approach would increase the like-
lihood for continued engagement with their
children after their confinement ends.
SECTION III: UNDERSTANDINGTHE CONTEXTS OF YOUTH
The first two chapters in this section focus on
families. In Chapter 10, Jacobs, Miranda-Julian,
and Kaplan—representing a combination of
policy, developmental, and clinical expertise—
detail the current state of family involvement in
juvenile justice, proposing explanations for why
there is evidence of so little. They argue that
more and broader participation is a critical
feature of any juvenile justice system that seeks
or claims to be ‘‘reformed,’’ and review some
promising approaches to engaging families in
the positive development and rehabilitation of
their children.
Chapter 11 focuses on the significant
percentage of system-involved youth who
have experienced and/or perpetrated, vio-
lence in their families. Baker, Cunningham,
and Harris—clinical and developmental
psychologists—usefully identify ‘‘signposts’’
of the effects of family violence, for example,
compromised school success or mental health,
substance abuse, and early home leaving. They
argue for greater attention to the role that
family violence plays in the lives of delinquent
youth, in the service of designing more effec-
tive prevention and intervention programs.
Chapters 12 and 13 focus on communities
as a context for the development of system-
involved youth. In Chapter 12, Hawkins,
Vashchenko, and Davis combine their exper-
tise in urban policy, social work, and develop-
mental psychology to offer a framework,
rooted in resilience and social capital theory,
with which to generate support for youth
reentering their communities after incarcera-
tion. The authors suggest that juvenile justice
reentry programs and policies, and those de-
signed to prevent criminal activity in the first
place, would do well to assess a youth’s access
to positive as opposed to negative social capi-
tal, and then optimize opportunities to build
on the former.
In Chapter 13, Bruyere and Garbarino—
from a developmental perspective—discuss the
effect of risk accumulation, community vio-
lence, and other trauma on youth, some of
whom go on to become involved with the
juvenile justice system. The chapter then
argues for ratification of the United Nations
Convention on the Rights of the Child,
seeing it as providing critically needed guid-
ance for community development to support
this population and reduce the need for
future juvenile incarceration.
Moving to the systems that interact with
delinquent youth, and with other public
youth-serving systems, the next two chapters
examine the role of education before, during,
and after incarceration. In Chapter 14,
Boundy and Karger (lawyers who focus on
educational policy) provide a detailed
xxii I N T R O DU C T I O N
CINTRO 08/18/2011 4:13:25 Page 23
discussion of the two most relevant federal
laws—Title I of the Elementary and Second-
ary Education Act/No Child Left Behind Act
and the Individuals with Disabilities Education
Act—which together require states to provide
a quality public education to school-age
youth, with and without disabilities, including
those in delinquent facilities. Despite these
guarantees, they find the education of these
youth is seriously compromised throughout.
The chapter concludes with research-based
practices, targeted at implementing effective
teaching, learning, and planning for transi-
tion, meant to thwart this school-to-prison
pipeline.
In Chapter 15, Vaught, a scholar of urban
education, brings an ethnographic lens to the
issue of race, education, and juvenile justice,
using a Critical Race framework to examine
how institutional schooling practice and policy
function—in one school within a juvenile
prison—to hinder, complicate, and even likely
scuttle altogether, community reentry for in-
carcerated young men. The dynamics explored
here serve as a local window onto national
education policy, raising issues of fairness about,
for example, zero-tolerance policy, and policies
that assure the quality of the schooling offered
to system-involved youth.
Sherman and Goldblatt Grace, from the
perspectives of law, public health, and social
work, examine the system’s response to the
commercial sexual exploitation of children
(CSEC) in Chapter 16, focusing here on girls.
They describe the issue and then examine the
range of international, federal, state, and local
laws and policies, aimed at aiding and enhanc-
ing prosecution of perpetrators of CSEC (i.e.,
pimps, johns), and at providing protection and
services to its victims. They show that, as state
and local authorities implement practice and
policy for this population, those two goals—
law enforcement and victim protection—may
conflict, creating practices that serve neither
goal fully and yielding results contrary to
sound public policy and research. The chapter
concludes with a recommended comprehen-
sive response to CSEC.
In Chapter 17, Ross and Miller bring
youth policy and criminal justice together,
and shift to providing a view of the landscape
of government systems involved with youth
issues. They argue that the structure of
American government, combined with bu-
reaucratic service delivery systems, lead to
fragmented and, at times, inconsistent policies
concerning youth, including youth caught up
in the juvenile justice system. A number of
solutions to these problems are offered, and the
chapter concludes on a hopeful note: that
efforts to address service fragmentation are
improving the circumstances for some of these
system-involved youth.
This section concludes with Chapter 18,
Oliveri and colleagues’ (developmental psy-
chologists) qualitative study of the complex
relationships among system-involved youth
and the multiple systems meant to help
them maintain good health. Beginning with
a detailed review of the literature on health-
care access and utilization among this popula-
tion, the chapter then analyzes primary data
collected from youth regarding their health
behaviors and preferences, and their use of
health care. Its findings are useful to those
working across public sectors interested in
improving the health status of these youth.
SECTION IV: WORKINGFOR CHANGE
WithChapter19,Dymandcolleagues (psychol-
ogists and community activists) launch this sec-
tion devoted to promising efforts to reform the
juvenile justice system, with a case study of a
Introduction xxiii
CINTRO 08/18/2011 4:13:25 Page 24
youth-led community development program—
theHyde Square Task Force (HSTF) in Boston,
Massachusetts. Youth atHSTF,with the support
and encouragement of staff, initiate, design,
and implement advocacy projects to improve
their own circumstances and transform their
community. HSTF is nationally recognized as
a model for community-based youth develop-
ment, acting as an antidote to the forces that
pull youth toward involvement in the juvenile
justice system.
We move from program-specific innova-
tion to focus on systemwide reform in
Chapter 20. Schiraldi, Schindler, and Goliday
(experienced system administrators) thought-
fully advocate for systemwide reform to elim-
inate the training school and its mind-set, in
favor of a graduated, primarily community-
based approach to juvenile justice premised on
the tenets of positive youth development.
After reviewing the troubled history of the
reform school, and the promising alternatives
now available, they argue that this route is the
most likely to be able both to support youth
and protect and enhance communities.
In Chapter 21, Farrell and Myers (devel-
opmentalists interested in service systems’
operations) identify collaboration as the ‘‘new
imperative’’ across youth-serving systems. They
present the advantages of, and potential barriers
to, collaboration, and offer suggestions for
increasing service providers’ organizational
capacities to engage in this way. After recom-
mending the development of principles and
guidelines for evaluating systems change efforts,
Farrell and Myers conclude that systems pro-
viding services to at-risk and incarcerated youth
must findways to communicate, cooperate, and
share accountability for outcomes.
Chapters 22, 23, and 24 focus on the
significant contributions that relevant, reliable,
and accessible information can make to sys-
tems reform. In Chapter 22, Schneider and
Simpson, experienced data system consultants
to child-serving public agencies, highlight
how the quality, availability, and use of data
can either promote or impede agencies’ abili-
ties to plan, operate, and evaluate wisely. The
authors review the role that data systems have
played historically in these agencies, and the
current status, overall, of their information
systems; they then provide a detailed analysis
of the technical, logistical, and resource-
related challenges to be addressed before
agencies can shift to data-driven decision
making, using three JDAI (Juvenile Deten-
tion Alternatives Initiative) jurisdictions as
successful case examples.
In Chapter 23, Greenwood and Turner,
experienced consultants on evidence-based
practices for juvenile justice systems, review
the current state of evidence-based practice,
enumerating its demonstrable benefits, and
noting the challenges it may pose for agencies
adopting it. The chapter then provides the
framework by which the Blueprints for Vio-
lence Prevention project validates program
models as promising or efficacious, and in-
cludes an overview of successful programs.
The authors conclude with examples of the
implementation of such programs in selected
jurisdictions.
Finally, in Chapter 24, Butts and Roman
draw on their extensive experience as pro-
gram and systems evaluators to provide a
clear-eyed review of the research approaches
that inform evidence-based policy. Although
they support the increasing intention, and
practice, of using evidence to inform policy,
they caution against overreliance on it, detail-
ing the limitations of currently available
methods and products of research and eval-
uation for the tasks juvenile justice systems
have at hand. The authors conclude with
recommendations for enhancing the applica-
bility of research in this context.
xxiv I N T R O DU C T I O N
CINTRO 08/18/2011 4:13:25 Page 25
The volume concludes with an afterword
from U.S. Representative Robert ‘‘Bobby’’
Scott of Virginia. Congressman Scott, a na-
tional spokesperson for youth and families in
the juvenile justice system, notes prospective
federal legislation that focuses increasing at-
tention on less advantaged children, and
exhorts the federal government to continue
to demonstrate its leadership by enacting a
number of pending federal bills and initiatives,
such as the reauthorization of the Juvenile
Justice and Delinquency Prevention Act and
the Youth PROMISE (Prison Reduction
through Opportunities, Mentoring, Interven-
tion, Support, and Education) Act.
In reflecting both the exciting advances
and the considerable challenges currently
evident in the juvenile justice system, Juvenile
Justice: Advancing Research, Policy, and Practice
aims to make a modest contribution to the
movement toward a rehabilitative, youth and
community-centered vision of juvenile
justice.
REFERENCES
Dilulio, J. (1995, November 27). The coming of the
super-predators. Weekly Standard.
Puzzanchera, C. (2009). Juvenile arrests 2009.
Washington, DC: U.S. Department of Justice:
Office of Justice Programs: Office of Juvenile
Justice and Delinquency Prevention.
Schlesinger, A., Jr., (1986). Cycles of American history.
Boston, MA: Houghton-Mifflin.
Zimring, F. (1998). American youth violence. New York,
NY: Oxford University Press.
Introduction xxv
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Contributors
Linda L. Baker, PhD
Centre for Children and Families
in the Justice System
London, Ontario, Canada
Jessica Dym Bartlett, MSW, LICSW
Tufts University
Medford, MA
James Bell, JD
W. Haywood Burns Institute
San Francisco, CA
Marty Beyer, PhD
Independent Juvenile Justice and Child
Welfare Consultant
Cottage Grove, OR
Honorable Jay Blitzman, JD
Massachusetts Juvenile Court
Lowell, MA
Kathleen B. Boundy, JD
Center for Law and Education
Boston, MA
Paula Braverman, MD
Cincinnati Children’s Hospital Medical
Center
Cincinnati, OH
Edmund Bruyere, MS
Loyola University
Chicago, IL
Jeffrey A. Butts, PhD
City University of New York
New York, NY
Karen T. Craddock, PhD
Education Development
Center, Inc.
Newton, MA
Alison J. Cunningham, MA
Centre for Children and Families
in the Justice System
London, Ontario, Canada
Courtney Davis, MPP
New York University
New York, NY
Barry Dym, PhD
Boston University School of Management
Boston, MA
Marian Wright Edelman, LLB
Children’s Defense Fund
Washington, DC
Anne F. Farrell, PhD
University of Connecticut
Stamford, CT
LaTasha L. Fermin, MA
Tufts University
Medford, MA
xxvii
FLOC 08/18/2011 4:11:37 Page 28
James Garbarino, PhD
Loyola University
Chicago, IL
Laura Garnette, MPA
County of Santa Clara Probation Department
San Jose, CA
Jesus Gerena
Family Independence Initiative/Hyde Square
Task Force, Inc.
Boston, MA
Lisa Goldblatt Grace, LICSW, MPH
My Life My Choice/Justice Resource
Institute
Boston, MA
Sean J. Goliday, PhD
CSR, Inc.
Arlington, VA
Jessica H. Greenstone, MS
Tufts University
Medford, MA
Peter W. Greenwood, PhD
Association for the Advancement of
Evidence-Based Practice
Agoura, CA
Kimberly E. Harris, PhD
Centre for Children & Families in the
Justice System
London, Ontario, Canada
Robert L. Hawkins, PhD
New York University
New York, NY
Kristi Holsinger, PhD
University of Missouri
Kansas City, MO
Angela Irvine, PhD
National Council on Crime and Delinquency
Oakland, CA
Francine H. Jacobs, EdD
Tufts University
Medford, MA
Leah Jacobs, MA, MSW
University of California
Berkeley, CA
Rachael Kaplan, MSW, LICSW
Clinical Social Worker
Brookline, MA
Joanne Karger, JD, EdD
Center for Law and Education
Boston, MA
Richard M. Lerner, PhD
Tufts University
Medford, MA
Raquel Mariscal, JD
Senior Consultant/Annie E. Casey Foundation
Watsonville, CA
Joel Miller, PhD
Rutgers University
Newark, NJ
Claudia Miranda-Julian, MS, LICSW
Tufts University
Medford, MA
Robert Morris, MD
University of California
Los Angeles, CA
Megan Kiely Mueller, MA
Tufts University
Medford, MA
xxviii CON T R I B U TO R S