One act of love can reform a system failing juvenile offenders

Aqilah David’s journey began with an act of love. At 15 years old, she told me, she began caring for her 10-year brother and 6-year-old sister because of an adult caregiver’s struggle with addiction and sobriety.

When she and her siblings were hungry and had no money for food, she stole some for them. That, she said, led to her first arrest. David already had a record because of truancy — she told me she didn’t care about school because, well, she was parenting two children. On paper, that meant she had a record at the time of her arrest. David said that while she’s not proud of what she did, she was young and didn’t think she had options.

David was put on house arrest with an ankle bracelet but violated it to again get food for her siblings. She was arrested again.

Love was stealing food for the two people she loved most in the world, and quietly caring for them so the state didn’t split up what little family she had left.

These acts of love began David’s long journey through the state’s juvenile justice system.

“It was years before someone actually took notice,” she told me. “Often they [juveniles] get in trouble for something before someone realizes [they need help]. I’m not proud of what I did. But I did a lot of things just to strive for necessities.”

David is now a 24-year-old living in Philadelphia. She tells me the state’s juvenile justice system is “toxic,” saying it’s neither restorative nor rehabilitative.

She’s right.

Pennsylvania’s juvenile justice system is broken and overwhelmed. It has yet to adapt to the precipitous rise in addiction and its impact on children and families.

Over half of the youth who enter Pennsylvania’s juvenile justice system have no delinquent history and are considered low risk — yet Pennsylvania locks more up in residential placements than the national average. Pennsylvania ranks poorly compared with other states on providing adequate legal protections for young people in the system.

Overhauling the entire juvenile justice system is complex. While there isn’t one answer, there are some steps we can take to make the system restorative rather than punitive for kids like David.

One simple step would be to ask a kid caught stealing food why they are doing that and if they need help.

That didn’t happen for David. She got caught up in that system until she tapped out at 18. Almost a decade later, she’s still trying to pay off the fines and fees the systems slap onto juveniles. Instead of increasing accountability, these fines and fees extend formal court involvement and increase the likelihood of family debt, missed school and work, and longer placements.

The fees vary widely — between $53 and $673 based purely upon the county of residence. They aren’t tied to the youth’s ability to pay. Compounding financial obligations can lead to debt and can further the cycle.

David was left with $900 to pay — and no way to pay it. What teenager could?

With priority placed on fines instead of rehabilitation, we’re burdening kids struggling to make a life for themselves. Federal data show Pennsylvania’s school law enforcement referral rate is greater than that of every bordering state. Pennsylvania schools refer youth to the juvenile justice system 2.7 times more often than the national average, with wide variety across counties. Many never recover from this interruption to their education. In fact, 64% of students involved in the juvenile justice system do not graduate from high school.

David had to drop out of school and find a job just to cover her debts. She also faced barriers in access to information and poor communication channels — she didn’t even realize she owed the state money when she was released.

We can fix this.

Juvenile justice reform is broadly supported by voters from both parties. In 2021, State Sens. Amanda Cappelletti (D.) and Gene Yaw (R.) introduced a bill to reform fines and fees. A similar bill is set to be introduced in the House this session, following in the footsteps of states such as Nevada and Utah that have seen positive outcomes.

Despite a history of abuse within the state’s system and a major task force convened by former Gov. Tom Wolf, nothing has been done.

» READ MORE: I was sent to a youth facility by former Judge Mark Ciavarella in the ‘Kids for Cash’ scandal | Opinion

When 60% of youth enter our state juvenile justice system for a first-time offense — even though community-based diversion leads to better public safety outcomes — something is wrong. When the average young person in a residential placement cycles through six facilities in 16 months, something is wrong.

For three years, David bounced between various facilities, aging out when she turned 18 — leaving without an ID, a diploma, or even a home. She eventually found help in her community juvenile law center, where employees helped get her vital documents and expunge her record.

And if you ask her, she’ll tell you she’s not OK — but she’s confident she will be.