By Natasha Dartigue
The discovery of 100 unmarked graves near the Cheltenham Youth Detention Center in Prince George’s County forces us to reckon with a painful truth: for generations, we have condemned children to the horrors of the criminal legal system and then forgotten about them. What’s being unearthed is not only a tragedy of the past but a stark reflection of how Maryland continues to fail children today. During Youth Justice Action Month, as advocates across the country call for reform, Maryland must confront the issues beneath the surface. Â
As Maryland’s Public Defender, I oversee an office that represents thousands of families each year whose children are caught in the legal system. The Office of the Public Defender (OPD) witnesses daily a system that remains extremely punitive and riddled with racial bias. The parallels between past and present are undeniable and deeply troubling.Â
In 1853, Maryland removed nearly 400 Black children from adult prisons and sent them to the newly established House of Reformation and Instruction for Colored Children in Cheltenham. Maryland Department of Juvenile Services records reveal that the youngest child sent there was just 5 years old, so small he could fit through the bars of the prison he had been held in. The unmarked graves being unearthed now tell the story of what happened to those who were forgotten.
There is inherent danger in believing such practices are relics of a bygone era. The 2023 Human Rights for Kids report ranks Maryland fourth in the nation for its rate of prisoners convicted as children; and second behind Alabama in the number of teens aged 14 to 17 automatically sent to adult court. Black children are seven times more likely than White children to be charged as adults. Maryland maintains one of the most expansive lists in the nation, with 33 different offenses that can trigger adult prosecution.Â
Some will argue that a small number of children continue to reoffend and that we need harsher penalties. However, evidence overwhelmingly shows incarceration makes this worse. According to the Office of Juvenile Justice and Delinquency Prevention, incarcerating youth increases recidivism rates compared to community-based interventions. Children held in detention facilities are more likely to reoffend than those who receive community-based services. The solution is not harsher punishment but effective intervention addressing trauma, mental health, and lack of educational and economic opportunity.
It is heartbreaking to witness little progress despite great suffering. The children OPD represents are young people whose brain development, impulse control and ability to understand long-term consequences are still forming. They make mistakes, as all children do, but face consequences that destroy their future. The Supreme Court has recognized what developmental science shows: adolescents are less mature, more impulsive, and have diminished ability to understand the full consequences of their actions. The Court also affirmed that children have an extraordinary capacity to change and rehabilitate.Â
Maryland has begun implementing evidence-based approaches. The Behavioral Health Diversion program ensures children with mental health challenges receive services rather than punishment. The Juvenile Restoration Act gives people sentenced to life imprisonment as children a chance for a case review. These programs demonstrate alternatives to incarceration work but exist within a larger system that still treats far too many children as adults.
The Cheltenham tragedies must catalyze comprehensive reform. Legislation is needed to end the automatic charging of children as adults. This single change would be transformative. Currently, Maryland law requires children accused of certain offenses to be automatically prosecuted in adult court regardless of their age, circumstances or capacity for rehabilitation. This strips away consideration of developmental differences between children and adults. Instead, we must require individualized judicial hearings that consider each child’s circumstances, maturity level and capacity for rehabilitation before any decision is made to hear the case in adult court.
We must restrict offenses for which children can be charged as adults, ending adult prosecution for minor crimes. We must expand access to diversion programs and restorative justice practices. We must invest in community-based alternatives to detention. We must address the school-to-prison pipeline by investing in counselors, social workers and mental health professionals rather than relying on law enforcement to handle disciplinary matters.
My office stands ready to work with lawmakers, advocates and stakeholders across Maryland to advance these reforms. One hundred young lives were lost, buried and forgotten at Cheltenham. This Youth Justice Action Month, let us ensure we never forget them and never create new tragedies for future generations to uncover.
The opinions expressed in this commentary are those of the writer and not necessarily those of the AFRO.