Scientifically-grounded differences between youth and adults affect many aspects of individuals' understanding and behavior; this in turn affects many aspects of criminal and delinquency representation. Defenders need to also be aware of new developments and terminology, such as “emerging adulthood.”

This page features resources for attorneys representing children and youth in adult criminal court and family court when those children are alleged to have committed criminal behavior or are claimed to be Persons in Need of Supervision (PINS). In April 2017, New York State enacted the Raise the Age law (L 2017, ch 59, Part WWW), which raised the age of criminal responsibility for some crimes committed by 16- and 17-year-olds and established a new Youth Part to preside over juvenile offender and adolescent offender cases that are not removed to Family Court. Since the enactment of the Raise the Age law, New York has seen additional youth justice reforms and others are expected in the coming years. Our publications, News Picks from NYSDA Staff and the Public Defense Backup Center REPORT, are two sources of information about these reforms. Other information is available from the sources below.

Recent Youth Justice Legislation

• L 2021, ch 552 - Redetermination of Youthful Offender Status (Effective: Nov. 2, 2021)
  The law adds a new subdivision 5 to Criminal Procedure Law 720.20 to provide eligible youth with an added opportunity to be designated youthful offenders. Review may be sought five years after sentence was imposed or the individual’s release from incarceration, whichever is later. Applications must be served on the district attorney, and factors to be considered in reviewing the application are set forth in the statute.


• L 2021, ch 810 - Raise the Lower Age of Juvenile Delinquency (Effective: Dec. 29, 2022) 
  The law amends the Family Court Act, Social Services Law, and Executive Law to raise the age of juvenile delinquency from seven to twelve years old. Homicide and manslaughter charges are the primary exceptions. For children under twelve who would have faced juvenile delinquency charges previously, differential response programs relying on mental health services will be used in lieu of the juvenile justice system.  
  


• L 2021, ch 813 (Effective: Dec. 29, 2021)
  “Relates to juvenile delinquency charges of violations in family court; provides that where an order of fact-finding has been issued that includes a violation committed by a juvenile sixteen years … [or] seventeen years of age, the records shall be sealed automatically without the necessity of a motion; makes related provisions.”


• L 2021, ch 809 (Effective: Dec. 29, 2021)
  The approval memo indicates that technical amendments will be made to ensure proper implementation of this bill, which addresses gaps in the Raise the Age law of 2017, creating statutory authority to remove “adolescent offender cases that are reduced, by plea, to misdemeanors from criminal court to family court.”

Standards

• Standards for Attorneys Representing Children (New York State Bar Association, Committee on Children and the Law 2015)
• National Juvenile Defense Standards (The Gault Center [formerly National Juvenile Defender Center] 2012)
• Juvenile Justice Standards (American Bar Association 1996)

New York State

Appellate Division Attorneys for Children Programs

• First Department Office of Attorneys for Children
• Second Department, Attorneys for Children Program
• Third Department, Office of Attorneys for Children
• Fourth Department, Attorneys for Children Program

Division of Criminal Justice Services

• Office of Youth Justice
• Raise the Age

Office of Children and Family Services

• Division of Juvenile Justice and Opportunities for Youth
• Detention Services
• Juvenile Detention Facilities (including daily census)
• Persons in Need of Supervision

Raise the Age Task Force

• Raise the Age Task Force
  

Youth Justice Institute at University at Albany

• Youth Justice Institute
• 2021 Symposium, Beyond 2020: Covid-19 and Youth - The Next Normal (June 2021)
  

Federal

• US Department of Justice, Office of Juvenile Justice and Delinquency Prevention
  

The Gault Center 

The Gault Center, formerly the National Juvenile Defender Center (NJDC) "is a nonprofit organization dedicated to promoting justice for all children by ensuring excellence in youth defense."

• Listservs for Juvenile Defenders
• Role of Juvenile Defense Counsel (Spring 2009)
• Racial Justice for Youth: A Toolkit for Defenders (NJDC and Juvenile Justice Center at Georgetown Law 2020)
• Trial Manual for Defense Attorneys in Juvenile Delinquency Cases: 2020 Edition (Randy Hertz, Martin Guggenheim & Anthony Amsterdam)
• Fact Sheet: Role of Juvenile Defense Counsel at Disposition
• Fact Sheet: Role of Juvenile Defense Counsel Post-Disposition
  
• Making the Case for Young Clients: Supreme Court Quotes for Bolstering Juvenile Defense Advocacy (April 2019)
• Juvenile Defender Self-Assessment Tool for Best Practices in Detention Advocacy
• Juvenile Supervisor Self-Assessment Tool for Detention Advocacy
• Child and Adolescent Development Studies
• A Juvenile Defender's Guide to Conquering Collateral Consequences (2018)
  

Juvenile Justice Resources & Organizations

• Juvenile Detention Alternatives Initiative (Annie E. Casey Foundation)
• Juvenile Justice Information Exchange
• Juvenile Justice Clinic & Initiative (Georgetown Law)
  
• National Center for Juvenile Justice
• Center for Juvenile Justice Reform (Georgetown Law)
• The Sentencing Project, Juvenile Justice
• National Council for Juvenile and Family Court Judges

Juvenile Justice Research

• Youth Justice Research Collaborative
• Reforming Juvenile Justice: A Developmental Approach (National Research Council 2013)
• Statistics Briefing Book (Office of Juvenile Justice and Delinquency Prevention)
• Juvenile Justice Geography, Policy, Practice & Statistics