Justice for Kids and Communities: Reflections on the Implementation of Michigan's Reforms, One Year Later

By Jennifer Peacock, Policy Director

It’s been a year since Michigan took a bold step forward in juvenile justice reform by enacting the Justice for Kids and Communities legislative package. What began as a set of data-driven recommendations and policy ideas has now been in effect for a year. This piece starts a new series highlighting the progress, challenges, and long-term vision of these reforms, as well as how communities across Michigan are bringing them to life.

Why this matters

The reforms signed into law in December 2023 mark a historic overhaul to our juvenile justice system. The goals included reducing unnecessary court and detention involvement, expanding diversion and community-based support, and creating more equitable, evidence-based responses to youth behavior. These reforms aimed to establish a foundation of care across a decentralized system for youth and families. With these changes, our system is one step closer to upholding accountability for our youth and centering treatment and opportunity.

But this was just the first step. The real work lies in how communities and local systems translate the reforms into day-to-day practice, and how courts, probation officers, service providers, guardians, and youth engage with an evolving system.

MCYJ staff (center and far right) and collaboratives pose with Michigan Lt. Governor Garlin Gilchrist II (second from left) at the signing of the Justice for Kids and Communities legislative package. (Photo: Michigan Center for Youth Justice)

What’s different

Elimination of fees and costs. One of the most immediately impactful changes is the removal of court-imposed fines and fees on youth and their families, replacing financial burdens with investments in support. Families no longer have to choose between paying bills and paying juvenile courts, and can now focus on completing treatment and meeting their goals. Read more about juvenile court fines and fees here.

Strengthened oversight of child welfare and protection. The reforms expanded the role of the Office of the Child Advocate (formerly the Children’s Ombudsman) to safeguard the rights and welfare of children in juvenile facilities and allow for judicial referral of complaints.

Focus on diversion, community-based responses, and re-entry. Rather than defaulting to formal processing or placement to access services, the reforms encourage communities to build or expand diversion, wraparound services, and behavioral health supports. Many jurisdictions are exploring strategic ways to leverage the new 75% Child Care Fund reimbursement rate for community-based care, as well as the increased Basic Grant for smaller courts serving populations under 75,000.

What still needs to happen

Juvenile defense was the one element left behind in the Justice for Kids and Communities package. Expanding the Michigan Indigent Defense Commission’s authority to oversee and fund juvenile defense services is crucial to realizing the complete vision of these reforms. This statutory expansion would create the necessary infrastructure to ensure that every young person, regardless of their community, has access to high-quality, developmentally informed legal representation.

Reform is only as meaningful as youth's protections in real time. Strong, consistent, and principled juvenile defense is not an optional add-on; it’s foundational. Here’s why:

• Ensuring due process, equity, voice, and advocacy. Youth involvement in delinquency proceedings, diversion decisions, or waiver motions face high stakes. Without robust representation, children and families risk being inadequately advised, pushed into unfavorable deals, or deprived of services. Every child must have a defense advocate who understands juvenile development and the full spectrum of rehabilitative options.

• Guarding against inequitable, disparate outcomes. Defense attorneys are frontline checks on bias, overreach, and inconsistency. They can challenge assumptions, ensure assessments are applied fairly across different racial, gender, and socioeconomic backgrounds, and push for alternatives rather than defaulting to incarceration whenever appropriate.

• Supporting meaningful participation in diversion and service planning. Defense counsel can help youth and families understand options, navigate systemic barriers, and advocate for interventions tailored to the youth’s real needs rather than one-size-fits-all dispositions.

• Embedding accountability in reform. The presence of vigorous defense can help local systems honor the reforms' intent. Defense attorneys can challenge harmful practices, keeping local systems aligned with the overall goals of evidence-based and judicious use of out-of-home placement.

  
  

What will success look like?

As we move from year one into years two and beyond, we’ll be watching for:

• Declines in the number of youth formally petitioned or detained

• Increases in diversion, especially for youth assessed as low-to-moderate risk

• More consistent use of evidence-based assessments

• A well-resourced and consistent juvenile defense system

• Transparent, publicly available data on local trends

• Iterative learning and course corrections as implementation unfolds

  
  

This is a historic turning point for Michigan. But true transformation happens only when reform is grounded in the lived experiences of children, families, service providers, and local systems. Over the coming months, we’ll share stories from the field - what’s working, what still needs attention, and how we can keep building a system where justice and opportunity go hand in hand for every Michigan youth.