Uncovering Disability & Racial Disparities in the Wisconsin Juvenile Justice System

Wisconsin's juvenile justice system reveals a troubling reality for our state's most vulnerable youth. The system disproportionately impacts children of color and those with disabilities, creating a pathway that can lead from school discipline straight to incarceration. This phenomenon, known as the "school-to-prison pipeline," demands urgent attention and action from legal professionals, advocates, and the community at large.

Recent data exposes the stark racial disparities in Wisconsin's juvenile justice system. Black and Native American youth face referrals and formal delinquency petitions at rates significantly higher than their white peers. In 2022, the Wisconsin Department of Children and Families reported that these disparities are part of a persistent trend, with the rate of Native American youth referrals jumping by an alarming 25% in 2022 alone.

Children with disabilities are also overrepresented in the juvenile system nationwide. In Wisconsin, more than half of the youth placed in the Department of Corrections-supervised facilities of Lincoln Hills and Copper Lake have special education needs, drastically outpacing the statewide average of 14%. This disparity highlights the system's failure to adequately support and accommodate these children's unique challenges.

When we examine the intersection of race and disability, the compounded disparities become even more apparent. Children of color with disabilities face discipline, police referrals, and incarceration at staggeringly disproportionate rates compared to their white, non-disabled counterparts. The system's machinery targets and traps these vulnerable youth at every turn.

It's crucial to dispel common myths that perpetuate these disparities. Some assume that higher misbehavior rates among minority and disabled youth drive the overrepresentation. However, research consistently shows that disparities persist even when accounting for differences in behavior. The problem lies not with the children but with the biases and failures of the systems meant to serve them.

Well-intentioned efforts to provide services through juvenile system involvement often do more harm than good. Incarceration exposes these youth to heightened risks of health problems and abuse without delivering the promised improvements in outcomes. The very system tasked with their rehabilitation becomes a source of further trauma and disadvantage.

To disrupt the school-to-prison pipeline for children of color with disabilities, we must take deliberate steps. First, we need comprehensive data collection that specifically examines this intersectional group. By understanding the full scope and nature of the disparities they face, we can develop targeted interventions and policy changes.

Second, schools must prioritize culturally responsive support over policing and punishment. Mental health professionals and trained educators should take the lead in addressing behavioral concerns rather than relying on law enforcement. School resource officers need specialized training to understand the complex interplay of race, disability, and youth behavior.

Third, diversion from the juvenile justice system should be the default approach for these vulnerable youth. Research shows that diversion leads to lower recidivism rates, higher educational attainment, and better long-term outcomes. By keeping children of color with disabilities out of the formal system whenever possible, we give them a chance to thrive.