Recent news

The Illinois Supreme Court issued a strongly worded endorsement this week for zealous lawyering for kids—the same kind of zealous lawyering that adults routinely expect for themselves. In In re Austin M., Austin M. successfully appealed his delinquency adjudication, convincing a majority of the Illinois Supreme Court that a lawyer cannot simultaneously assert and defend his juvenile client's innocence and also claim to be seeking the truth "the same as the court and the same as the prosecutor." Characterizing this dual mission as "hybrid representation," the Court held that a lawyer cannot serve as both defense counsel and a guardian ad litem on behalf of a child charged with delinquency.

The California Supreme Court issued a landmark ruling today in People v. Caballero, holding that a term of years sentence that is effectively a de facto life without parole sentence for a juvenile in a non-homicide case violates the U.S. Supreme Court's 2010 decision in Graham v. Florida.

Pennsylvania foster youth—who often face enormous obstacles to success as adults—will receive a major boost when Governor Tom Corbett signs new legislation into law. The new laws will enable Pennsylvania to enhance support for older foster youth, encourage adoption and save money. 

The Pennsylvania General Assembly passed House Bill 75 this week, improving the chances for success for foster youth who are making the transition to independence and adulthood. The new law—which Juvenile Law Center worked closely with Pennsylvania Partnerships for Children to promote (read our joint white paper, "Maximizing 'Fostering Connections' to Benefit Pennsylvania Youth," here)—will bring more federal dollars to Pennsylvania and provide additional supports to older foster youth. These youth face tremendous barriers to making it on their own as adults, but the new law will enable more foster youth to remain in care past age 18 and enable county children and youth agencies to provide expanded support and guidance for them.

In another landmark ruling involving juveniles sentenced in the adult criminal justice system, the United States Supreme Court ruled 5-4 in Miller v. Alabama that states may no longer mandate life without parole sentences for juveniles convicted of homicide offenses. The Court reversed the decisions of the Alabama and Arkansas Supreme Courts, which had upheld the imposition of these sentences on Evan Miller and Kuntrell Jackson, both 14 at the time of their offenses. The Court’s ruling applies to all juveniles convicted of homicide who are or were under the age of 18 at the time of their offenses—providing a glimmer of hope to over 2,000 men and women who had previously been sentenced to die in prison.

The United States Supreme Court ruled today in Miller v. Alabama and Jackson v. Hobbs that states may no longer impose mandatory life without parole sentences on juveniles under the age of 18 convicted of homicide crimes. Writing for the 5-4 majority, Justice Elena Kagan said, “Such a scheme prevents those meting out punishment from considering a juvenile’s ‘lessened culpability’ and greater ‘capacity for change.’” (Read the Court's opinion here.)

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The U.S. Department of Justice (DOJ) recently celebrated the publication of the United Nations Economic and Social Council's adoption of the First International Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems. DOJ praised the Guidelines, calling them "a significant milestone in the global development of fair and just systems of criminal justice."

Notably, the Guidelines emphasize the special vulnerability of children in conflict with the law. (In the United States, these are children who are arrested.) The Guidelines single children out as a group entitled to special measures and additional protections. In doing so, the new Guidelines not only recognize that "children should have access to legal aid under the same conditions or more lenient conditions as adults," but they also reaffirm many of the goals toward which Juvenile Law Center strives on behalf of children in the criminal and juvenile justice systems. 

Youth in foster care living in a group home have the right to attend their local public school and must be treated in the same manner as children who reside with their parents. The proposed settlement will result in additional educational resources and services for students who were impacted by the District's policies. The classroom was closed in December 2010 and the final settlement will be discussed at a public hearing on August 23, 2012. 

As National Foster Care Month comes to a close, Juvenile Law Center hopes you will continue to listen to the voices of current and former foster youth to understand the realities of the foster care system, along with the actions you can take and support you can provide to help improve the child welfare system. 

As you've seen from the posts of our guest bloggers, youth in care have the same needs, hopes, and dreams of all youth, but often are not provided the support, resources, and care that all children deserve to make a successful transition to adulthood. One way to understand the needs and hopes of foster youth is by learning more about the work of Youth Fostering Change, our youth engagement group for current and former foster youth.