Navigating juvenile diversion: A qualitative analysis of U.S. state, district, and territory policy

Abstract

Juvenile diversion programs aim to redirect youth from formal legal processing and toward community-based interventions. Despite the benefits of diversion, there is little research characterizing the U.S. state, district, territory, and freely associated state policy that governs diversion programming. We extracted statutes, administrative codes, and regulations pertaining to juvenile diversion across all 50 U.S. states, the District of Columbia, and eight territories and freely associated states. We analyzed these using a blended inductive-deductive qualitative coding approach. We describe themes and examine their presence and absence across policies. Themes spanned several domains, ranging from general diversion policy considerations and goals (e.g., mandating diversion programming), requirements for screening and referral to diversion programming (e.g., defining eligibility criteria), requirements for diversion programming and implementation (e.g., operationalizing diversion strategies and interventions), and requirements for program oversight and evaluation. Policies varied considerably. Findings highlight opportunities for future research to understand how local jurisdictions interpret and implement policies, align research and policymaking to support rigorous evaluation of existing policies, and consider how existing evidence can inform the development and implementation of policies.