The American Civil Liberties Union is urging sweeping reforms to South Carolina’s juvenile justice system after releasing a report that documents stark racial disparities, frequent detention for so‑called status offenses and troubling conditions for children in state custody.
Report spotlights racial imbalance and questionable detentions
Titled "Youth Behind the Fence," the ACLU analysis examines practices inside the South Carolina Department of Juvenile Justice and the wider family court process that funnels youth into the system. The report says Black children are detained at rates far exceeding their share of the youth population and that many young people are locked up for noncriminal behavior.
According to the report, Black youth comprise about 28% of South Carolina’s child population yet accounted for more than 75% of children detained by the Department of Juvenile Justice in 2025. The ACLU also found that status offenses — including truancy, incorrigibility, running away and underage alcohol possession — represented 14% of referrals to the department and 8% of detentions in fiscal year 2025.
| Measure | Percentage |
|---|---|
| Black share of youth population | 28% |
| Black share of detained youth (2025) | >75% |
| Referrals that were status offenses (FY2025) | 14% |
| Detentions for status offenses (FY2025) | 8% |
Voices from the report
“When you go to court in family court and look around the room, you see the racial disparity. It’s staring you right in the face,”
The comment came from Madalyn Wasilczuk, a law professor who worked with the ACLU on the report. The organization argues that visible disparities should prompt stronger safeguards to ensure children are treated equitably and that decisions reflect rehabilitation rather than punishment.
“There are children who are in DJJ who just should not be,”
That is the assessment of Courtney Thomas, an ACLU advocacy director quoted in the report, who faulted systems that refer and detain kids for behaviors many experts say should be handled outside secure custody.
Community advocates who themselves experienced the juvenile system also weighed in. Lester Clancy, founder of Path 2 Redemption and a former incarcerated youth, described environments that can entrench criminalization rather than support rehabilitation.
Calls for specific changes
The ACLU’s recommendations emphasize policy and practice changes to reduce unnecessary detention and address racial bias. Among the suggestions are:
- Limiting detention for status offenses and ensuring alternatives to incarceration are available.
- Establishing safeguards and oversight mechanisms to reduce racial disparities at every decision point, from referral to detention.
- Improving conditions and services for youth who remain in state custody to prioritize rehabilitation.
The report argues that a combination of training, clearer statutory limits and stronger community‑based supports could reduce the number of children who enter secure custody for matters better handled through social services, schools or family interventions.
Implications for state leaders and providers
South Carolina lawmakers, juvenile court officials and the Department of Juvenile Justice face choices about whether to adopt the recommendations or pursue alternatives. The report frames the issue not just as legal or administrative but as a public‑safety and fiscal matter: detention is costly, and short‑term confinement can produce long‑term harms for children and communities.
Advocates say reforms would require coordinated action across courts, schools, child welfare and mental health providers. They also warn that without checks, discretionary decisions at the local level will likely continue to produce unequal outcomes based on race.
What comes next
The ACLU report is intended to prompt public discussion and policymaker review. It provides data and testimony aimed at supporting legislative or administrative changes to reduce detention, eliminate reliance on incarceration for status offenses and create oversight to minimize racial disparities.
State officials have not yet announced a formal response to the report. Advocates and community groups say they will press for hearings, policy reviews and adoption of alternatives to detention to ensure that interventions focus on rehabilitation and equitable treatment for all children in South Carolina.
