Introduction to the Problem

Abstract

Reform efforts to establish the first juvenile courts were part of a progressive movement to create better conditions for children, which expanded to include the family courts. These initial efforts were intended to provide separate courts for children and families, and allowed for placements in separate facilities. The innovations that were part of these first judicial forums included the informal administration of justice by a small group of professionals and have also been the reason for the family courts’ resistance to change. The writings of these early advocates for children revealed their biases about gender, religion, class, and immigration status, and children of color were placed in segregated facilities. As a result, the family courts’ treatment of the poor, immigrants, women, and families of color has allowed institutional biases regarding class, gender, and immigration status, along with systemic racism, to persist in the courts’ exercise of social control.