ACLU report alleges South Carolina juvenile justice system harms youth, highlights racial disparities

COLUMBIA, S.C. (WIS) - A new 35-page report from the ACLU of South Carolina is renewing scrutiny of the South Carolina Department of Juvenile Justice, alleging the agency is failing to rehabilitate many of the young people in its care while exposing them to violence, trauma and racial inequities.

The report, titled Youth Behind the Fence, was released Wednesday and is based on Freedom of Information Act requests, data analysis and interviews with former DJJ employees, legal experts, child advocates and people who previously spent time in the juvenile justice system.

The report argues that rather than serving primarily as a rehabilitative agency, DJJ often functions more like the adult prison system through punishment and isolation. Authors point to conditions inside secure facilities, racial disparities in referrals and detention rates, and South Carolina’s continued use of detention for so-called status offenses.

One of the report’s central findings involves status offenses, behaviors that would not be considered crimes if committed by adults. Those include truancy, running away, incorrigibility and underage alcohol possession. According to the report, 1,786 referrals, or about 14% of all DJJ referrals during fiscal year 2025, involved status offenses. Nearly 200 children were detained on status offenses, representing about 8% of detentions statewide.

The ACLU says South Carolina remains the only state in the nation that allows children to enter the juvenile justice system solely because of a status offense adjudication. The report argues that practice contributes to what advocates describe as a “school-to-prison pipeline” by introducing nonviolent youth to the justice system at an early age.

“When we have community-based solutions, we are able to welcome children back, because this is supposed to be a rehabilitative experience, not one that marks them for life,” said Courtney Thomas, policy director for the ACLU of South Carolina.

The report also points to significant racial disparities throughout the juvenile justice system. Black children comprise roughly 28% of South Carolina’s youth population, but accounted for more than 60% of youth referrals and more than 75% of youth detained by DJJ in recent years, according to the report. Authors argue those disparities have widened over time and are evident at multiple stages of the juvenile justice process.

Another major focus of the report is safety inside DJJ facilities. According to records submitted to the South Carolina Department of Children’s Advocacy, DJJ reported 2,175 critical incidents during fiscal year 2025. Those incidents included 848 physical injuries, 512 incidents involving substantial risk of injury, 216 reports of suicidal ideation, 199 medical emergencies, 169 incidents described as sexual in nature and 27 near-fatalities.

The report also notes only 38% of those incidents were reported within the 24-hour timeframe required by state law.

Child advocate Dr. Aleksandra Chauhan said the experiences detailed in the report differ sharply from what the juvenile court system intends for children.

“We talk a lot about the best interests of a child when we are in court for children,” Chauhan said. “This report really highlights that the experiences of children in DJJ are the opposite of what the judges and the court system has envisioned for the children.”

The report comes amid continued debate over juvenile justice reform in South Carolina. Despite public concern about youth crime, the ACLU report notes referrals to DJJ have returned to pre-pandemic levels and remain significantly lower than they were in 2012. It also says referrals for violent and serious juvenile crimes have generally declined since the 1990s.

In response to the report, DJJ said it remains committed to working with lawmakers and stakeholders to modernize the juvenile justice system.

“SCDJJ agrees that meaningful juvenile justice reform requires both strong community-based alternatives that prevent deeper involvement in the juvenile justice system and safe, effective secure services for the small population of youth that require that level of care,” the agency said in a statement. “SCDJJ remains committed to advancing both.”

The report recommends ending the detention of children for status offenses, expanding diversion and restorative justice programs, limiting solitary confinement, increasing transparency and improving support services for youth before, during and after incarceration.

Feel more informed, prepared, and connected with WIS. For more free content like this, subscribe to our email newsletter, and download our apps. Have feedback that can help us improve? Click here.