Revitalizing the Youngberg v. Romeo Professional Judgment Standard to Require Trauma-Informed Care for Detained Children

Taylor C. Joseph

There are nearly 37,000 children detained in juvenile detention centers in the United States. Of those children, 14,500 are detained prior to a final adjudication on the delinquency charges against them. There are an additional 14,000 immigrant children who are detained in care facilities after entering the United States unaccompanied. Most, if not all, of these children have experienced severe trauma. On average, each child who comes into contact with the juvenile justice system has experienced at least four distinct types of trauma, from domestic violence, to psychological maltreatment, to physical abuse. Similarly, unaccompanied immigrant children (“UCs”) often experience a variety of traumatic events prior to their arrival in the United States, from gang violence, to neglect, to physical abuse.

The Supreme Court has not determined which constitutional standard should apply to determine whether the treatment of these children in detention is constitutionally adequate. There are two available options: (1) the Eighth Amendment “deliberate indifference” standard, adopted by the Third Circuit Court of Appeals; and (2) the Fourteenth Amendment “professional judgment” standard, adopted by the Fourth Circuit Court of Appeals. This Comment argues that the Fourteenth Amendment professional judgment standard should apply to both detained UCs and allegedly delinquent children held in pre-disposition detention.

First, Part I explores the circuit split over which standard—the deliberate indifference standard or the professional judgment standard— should apply to detained children, and it summarizes the legal status of UCs and allegedly delinquent children. Next, Part II explains why the professional judgment standard should apply to detained children, and argues that under a revitalized professional judgment standard, trauma-informed care should apply to both detained UCs and allegedly delinquent children held in pre-disposition detention. Finally, Part III proposes concrete steps towards making trauma-informed care a reality for detained children.