Document Type

Article

Publication Date

2004

Abstract

In this Article, Professor Henning examines how schools and public housing authorities obtain juvenile records and explains how these institutions may use the records to exclude children and their families from the basic benefits of education and housing. Drawing on recent research in the field of developmental psychology, Professor Henning reevaluates early assumptions about adolescents' amenability to treatment and the impact of stigma on children and explores the practical implications of sharing records with schools and public housing authorities, questioning whether new confidentiality exceptions actually will yield the expected benefits of improved public safety. She concludes that legislators should deny public housing authorities access to juvenile records but allow schools limited access to records through a series of school liaisons. These liaisons should attempt to accommodate, on a case-by-case basis, the often competing values of preserving safety in schools while enabling the rehabilitation of children in the juvenile justice system.

Publication Citation

79 N.Y.U. L. Rev. 520-611 (2004)