Youth in Trouble--Where Can They Call Home?

"They are running and they don't know where they are going." Holden, the hero in J. D. Salinger's Catcher in the Rye, wears a windcheater and a cap, and imagines himself standing near a cliff, watching a group of wild kids. Holden symbolizes the nihilism prominent in 1940s and 50s America, a society filled with theft, fighting, drugs, and sexual promiscuity. As young people wander through life aimlessly, Holden can't get used to the things that surround him, and has no idea of where he himself should go.

Holden has a foul mouth and has dropped out of school. He smokes, goes to bars, and even patronizes prostitutes. If it were today, he would probably end up in juvenile court. Who would imagine, then, that this "juvenile delinquent" would influence youth in America and all over the world?

Holden's is the story of many young people on the margins. His deviant behavior is not wanton evildoing, but rather arises mostly out of inexperience, from a series of hardships and failures, or from the evils of the world around him.

Note: Figures quoted are for the number of persons involved in cases resolved in district courts from Jan. to Dec., 2004, and may vary slightly from the actual number of persons sentenced.

Behind the numbers

In 21st-century Taiwan, what do problems with young people look like?

Leafing through the numbers on young criminal offenders from the last ten years reveals some surprises. According to the Ministry of Justice, nearly 30,000 minors were found to have broken the law in 1995. This number dropped in subsequent years, and in 2004 it was 10,990.

Professor Hsu Fu-sheng of Central Police University's Graduate School Police Administration, however, is blunt in his skepticism about these numbers. "A drop in the number or proportion of juvenile offenders is the result of policies adopted in recent years of 'lenient charging' and 'putting protection before punishment.' It does not mean that Taiwan's problem with juvenile offenders is getting better."

The 1997 revision to the Law Governing the Disposition of Juvenile Cases established a "protective" spirit for handling juvenile cases. Because juveniles (aged 12-18) are in a stage where their bodies and minds have not fully matured, the law follows the principles of "replacing punishment with education and disciplinary supervision with assistance" in handling juvenile cases, and adopts Anglo-American methods of "redirection" and "decriminalization," all of which have led to a sharp drop in crime numbers.

According to Lu Su-wei, a juvenile investigation officer and juvenile protection officer for the Panchiao District Court in Taipei County, the procedure when the police arrest a juvenile offender is that once the young person is charged in the juvenile court, depending on the seriousness of the alleged offence they may be given over into the custody of their parents, or may be sent to a detention house. The case is then investigated by a juvenile investigation officer, after which a judge decides whether or not to hold a full trial. If a trial is to be held, then the case actually enters the court system. What is referred to as "redirection" here is the effort to transfer the juvenile to the supervision and instruction of their parents or to social welfare and educational organizations instead of taking the case to trial. Lu Su-wei says that, according to criminological theory, the earlier young people enter the criminal justice system, the harder it may become for them to change their ways, and thus judges will make their decisions based on the best outcome for the young people.

Note: Figures quoted are for the number of persons involved in cases resolved in district courts from Jan. to Dec., 2004, and may vary slightly from the actual number of persons sentenced.

Troubling trends in crime

Although the number of juvenile offenders has fallen sharply under the "lenient charging" policy, continued growth in the rate of recidivism and the increasing violence and variety of criminal methods have criminologists very worried.

Hsu Fu-sheng, a professor at Central Police University and chair of the Tosun Foundation, points out that if young people repeatedly break the law, they are likely to become habitual offenders, and the task of rehabilitating and treating them will become very difficult. Hsu's research into the criminal history of Chen Chin-hsing, the ringleader in the shocking Pai Hsiao-yen case, is clear evidence of this fact.

"Managing juvenile recidivism is the most challenging aspect of crime prevention," writes Hsu in a white paper on youth policy for the Executive Yuan.

Police on the front lines are very worried by the growth in the types of crimes committed by young people. With almost 30 years of experience in law enforcement, Chou Kuo-hsiung, director of the Juvenile Delinquency Prevention Brigade for the Taipei County Police, has seen huge growth in recent years of Internet crime and related bodily harm cases. Common cases include theft or fraud related to multiplayer online games like Lineage and Ragnarok, or cases of assault and bodily harm resulting from conflicts over online transactions. Meanwhile, in the past two years cases related to online sales of pirated software and pornographic DVDs exceeded theft cases, which previously comprised the largest segment of all juvenile crimes.

Drug-related crimes have also become more complicated, says Chou. "It used to be that the only drugs we seized were amphetamines, but now there are so many kinds, from Ecstasy to ketamine, nimetazepam [also called erinim], and tranquilizers, and there are always new ones coming out." In addition, cases of "depriving others of their sexual autonomy" (rape) have also been on the rise in the last decade.

Young people are often caught between the bad and the good in human nature. When troubled youth make the wrong choices, how should adults lend a helping hand? With the government favoring protective policies, prosecution rates for young people (aged 12-18) have dropped, with most being placed on probation.

Probation for most

Even with solutions like "lenient charging" and "redirection," over 10,000 juvenile cases still go to trial each year in Taiwan. How serious are these cases? And how do judges handle them?

Juvenile cases are divided into two types: criminal cases and protective cases.

"Criminal cases" refers to cases that involve criminal sentences of five years or longer for serious crimes such as aggravated robbery and murder. There were 476 such juvenile offenders in 2004, or 4% of all juvenile offenders. The less serious "protective cases" primarily include theft, bodily harm, and interfering with computers (e.g. online fraud). The cases are also decided based on the seriousness of the offense, and penalties are divided into four levels. Probation is used in 90% of this class of cases (see table).

Due to the serious nature of their offenses, juveniles given criminal convictions whose sentences are not suspended, and reformatory education cases, must be separated from the outside world and given long-term professional guidance. They are transferred to juvenile detention centers, reform schools, or other institutions for "rehabilitative treatment." As part of efforts in recent years to "replace punishment with education," juvenile detention centers have taken down their old signs and renamed themselves "middle schools." Thus the young assailant in the Liu case, who was convicted of rape and murder, had graduated from Chengjheng High School, which was once called the Hsinchu Juvenile Detention Center.

Young people are often caught between the bad and the good in human nature. When troubled youth make the wrong choices, how should adults lend a helping hand? With the government favoring protective policies, prosecution rates for young people (aged 12-18) have dropped, with most being placed on probation.

Springtime inside the walls

For juvenile delinquents, how is the ideal of "replacing punishment with education" really implemented? What problems remain? Some clues can be found in the operation of different rehabilitative education and guidance institutions.

Walking through Chengjheng High School, a place that has drawn much attention recently, aside from the three prison-like iron gates at the entry to the campus, the rest of the school is as quiet and well kept as any high school.

"Our school has lots of birds' nests, lots of tables and chairs," says principal Yao Ching-huei, with his enlightened sense of humor. Yao has been in education for more than 30 years, and five years ago he cleared all kinds of hurdles to become the founding principal of Chengjheng High, responsible for turning a juvenile detention center into a school. "At that time, no one had a clear idea of what standards to run the school to. We had no idea how to do this type of education." After a few years of searching and making adjustments, Yao believes the core ideas of rehabilitative education should be "love and hope."

According to Yao, the vast majority of Chengjheng's 200-odd students started out in life far behind most other children and require more caring and patience. A good example is the background of the young man in the Liu case. Born to an unwed mother, he was raised by his grandparents. The family was poor, and he saw nothing of his father. By elementary school he was already stealing. This type of child from a broken home makes up virtually all the students of Chengjheng. The school hopes to use love to spark the children's innate ability to do good and their motivation to learn, and to help them find new hope and direction in life.

Young people sentenced to "reform education" for more serious crimes are transferred to institutions such as juvenile detention centers to undergo "rehabilitative treatment." In recent years, juvenile detention centers and guidance centers have been converted to schools as part of efforts to "replace punishment with education."

Nurturing humane qualities

As dusk falls on the sports field, the students fall in line, marching in place and reciting classical poetry on themes such as the fleeting nature of youth and the need to take responsibility for the future. In the halls next to the classroom hang sheets of well-shaped calligraphy and all kinds of paintings and posters made by the students, creating a truly cultured feel.

"We offer nine years of elementary and middle school instruction, plus a further three years of high school," says Yao Ching-huei. Chengjheng has both middle school and high school departments. Since students enter the school at different ages, the school hopes that when they finish their sentence that they can return to mainstream education. For students who are behind in school or have different interests, the school pays special attention to their differences. "If students don't even know their ABCs, teachers will still patiently work with them," says Yao. When students graduate, their diplomas are not granted by Chengjheng. Instead, the school in their registered place of residence must approve and grant their diploma.

In addition, classes in skills like cooking, automotive repair, and computer software make the school stand out. "Kids at Chengjheng participate in these three C-level skills certification tests, and almost 100% of them pass," Yao says proudly.

Yet why was this school, which seems so peaceful and hardworking, still unable to change a bad-natured young person like Liu? Although the school was subjected to criticism following Liu's arrest, Yao was not discouraged, and says that of over 900 rehabilitative education students who graduated in the past five years, only five or six have reoffended. "If 100 of the highest risk kids were given to us, we would work with them one at a time," says Yao.

This isn't a pool hall-it's part of a "cooperative halfway school." Young people who have dropped out of school or who have been put on probation can take alternative education courses here. Hopefully these courses will revive their interest in school.

Changed lives, gaps to fill

While they may make every effort for rehabilitation to succeed, "When the rehabilitative education is completed, we have no social welfare or healthcare organization to step in and continue to look after these kids," says Professor Chou Susyan of the Graduate School of Criminology at National Taipei University, highlighting a structural cause behind the Liu case.

Chou points out that young people who have completed rehabilitative or reformatory education currently are merely required to be kept under observation by the police. After leaving the justice system, if they are not supervised by their family, school, or society, they are likely to fall back into isolation and helplessness.

In the Liu case, for example, once he was released from Chengjheng, no one from his family was willing to fetch him home, and his own teacher, named Teng, had to accompany him south to his family home in Pingtung. But to Teng's surprise, Liu's father told him that he had been unemployed for some time and could not take care of the child, and instead asked Mr. Teng to take care of him. Once the courts designated Teng as Liu's guardian, Teng played the role of both teacher and father, helping Liu get into high school, paying for his tuition, and helping him find a job at a convenience store.

"Mr. Teng did more than enough," said Chou Susyan. "But children who have been ignored from very early on often have scars and wounds in their hearts that are difficult to reach, and sometimes outsiders just cannot solve these problems."

In another sense, "Liu was actually a special case," says Chou. "Not every child is going to meet a fine person like Mr. Teng, who was both a teacher and father figure to him." To prevent recidivism, one has to start with system-wide issues. Although the Ministry of Justice has established a semi-official "After-Care Association" to assist released youths with employment, education, and loans, these efforts have limited resources and can only wait passively for individuals to ask for help.

"Waiting is dangerous, and the justice system needs to take active measures," says Chou. She argues that after these high-risk youths are released, professional social workers should immediately step in to provide guidance: those with psychological problems should be referred to medical organizations; those with no-one to supervise and care for them should be referred to residential homes; those who have a serious psychological impulse to commit crimes such as sexual offenses or arson should receive long-term assistance and guidance to reduce their risk of recidivism.

While the most serious protective cases are brought to places like Chengjheng High for "reform education," the youths who are sentenced to probation make up the lion's share of protective cases and receive the lightest sentences. Although they have to report to a juvenile protection officer every week, schools usually have no way to care for those of them who have problems with school or serious psychological or behavioral problems, and they are transferred again to another "intermediary educational organization" to complete their compulsory education.

Expenses for educating high-risk youth are very high, and these young people also require strong personal commitment. In Taiwan today, most people willing to do this kind of work are from religious or social welfare organizations.

From lost to "halfway"

Intermediary educational organizations can be broadly divided into four types. One type is "halfway schools" established by the Ministry of the Interior exclusively for young women who have been involved in the sex trade; there are four such schools across the country. The second type is "bright future classes" established by the Ministry of Education for children who have seen severe family trauma, such as the death of both parents or a parent who is incarcerated. Both the first and second types serve as both home and school for students. The third and fourth types serve only as schools and provide students with "alternative education" different from the standard educational track.

The third type of school is "cooperative halfway classes," established privately with government authorization. These schools take on cases sent to them by schools and the courts. They include well-known schools such as Ilan's Tzih-Huai Yuan Halfway House and the Catholic Church's Good Shepherd Sisters, as well as newer organizations such as the Tosun School and the Christian Cheng Feng Teenagers' School. Due to their special nature, their size is limited to 15 students. The fourth type of organization is "resource classes" established within mainstream schools. Over 80 schools offer such classes.

At Hsinchu's Tosun School, for example, which was established in 2000, "alternative" classes include magic, cooking, and life education, many of which are conducted through activities and games.

"In a language class, for example, we will use relatively practical and everyday materials like newspapers, magazines, and advertisements," says Tosun School educational director Wang Hao-tsang. Wang says that last year they accepted 15 students who had previously dropped out of school, almost 90% of whom had completed a period of protective parole. The children were all easily agitated, had difficulty following everyday routines, and lacked interest and confidence in their studies. Because of this, the main goal of alternative education is to reduce their sense of failure in school and bring them to enjoy studying once again.

This halfway school has a community service course. Many students learn about other people's needs through these courses and thereby rediscover themselves. The photo on the next page shows students of the Tosun School in a community service class. (courtesy of Tosun School)

Never-ending challenges

"We need to spend a great deal of time communicating with teachers before we can come up with a suitable teaching plan," says Tosun School director Huang Li-yan. Huang says that when students first arrive, they are still willing to stick to the new routine of classes, but after a time they begin to act out and become impatient. When this happens, teachers need to work with students' interests and needs, to adjust their classes when necessary and design activities to reward and punish students. "It is simply an enormous challenge to the energy, intellect, and emotions of teachers and students," said Huang.

Aside from difficulties in designing classes, a lack of educators is also a problem for many halfway schools. According to Luo You-jhen, director of east Taipei's Cheng Feng Teenagers' School, the most caring teachers may not be the best for the job, since all kinds of situations may arise in the classroom. Likewise, more conventional educators may have a difficult time sticking with the job because they may feel unsuccessful when students' actual performance does not meet their expectations.

As a religious organization, Cheng Feng Teenagers' School has put all its efforts into getting up and running over the past few years, gaining a good reputation for halfway schools established by combined government and private efforts. Since then, 14 more schools have been established in various counties and cities. While half the funding comes from county and municipal governments, because the cost of educating high-risk youth is so high, the time and energy spent on them is harder to calculate. "We are virtually on call 24 hours a day. Whenever a student has a problem, whether it's fighting or doing drugs, we have to be there," says Huang Li-yen. Thus it is no surprise that people willing to devote themselves to this work are from private religious social welfare organizations.

Character counts most

When you walk into an "alternative education" institution, you see that students wear no uniforms, have no homework, can have weird, multicolor hairdos, and can even smoke (but only at set times and places). Some people can't help but wonder: What kind of results does this type of education produce?

"Reshaping moral character, rehabilitating behavior, and rebuilding human relationships are the most important tasks at hand," says Luo You-jhen. Luo asks rhetorically, if a child is unwilling to come to school because of these external requirements, doesn't that mean losing the opportunity to save them?

"If students can just stop seeing the adult world as their enemy, and then come back to see us after they graduate, that is the greatest comfort to us!" According to Tosun's Huang Li-yen, the problems in these children's homes are deep-seated, and schools can only work to establish positive interaction with parents and children, trying to reduce the chance of young people committing more crimes. Yet human nature remains mysterious, and the events in people's lives are difficult to predict. Who knows whether the children will end up on the wrong side of the law again? That's not something the schools can guarantee.

As for kids' progress after they graduate, about 60% of students from Cheng Feng Teenagers' School and the Tosun School have progressed to the next level in the school system or are attending night school; the rest have either left school or are no longer in contact. For those students who do not go on to further studies, after a time of wandering around they are usually forced by economic needs to find work. If they do not find a good job, however, they may easily go back down the wrong road, and this remains the greatest source of worry for teachers.

"There are great differences between students once they graduate. Those who go down the wrong road are often from bad families or fall under bad influences from their friends," said Luo You-jhen.

Whether the problem is that students from halfway schools lose contact after they graduate, or that there is no continuing guidance for them after they finish reform education, it is very clear that once juvenile offenders leave the care of the court or social welfare system, a tremendous gap still remains to be filled. With the recent example of the Liu case in everyone's mind, scholars have called on the government to take urgent action in policy and governmental structures to weave together a preventive safety net in the areas of social welfare, education, healthcare, policing, and the courts to assist young people who have lost the supervision and care of their families, are isolated and without assistance, and are stuck in unhealthy environments. This is the only way, they say, to cure the root of the problem and prevent further tragedies from occurring.

In the brisk morning air of early spring, children from the Cheng Feng Teenagers' School are taking a hip-hop dancing class. They are working hard to keep up with the teacher's rhythm and moves, and as spring marches forward, we hope that they, too, will make their way toward a bright and healthy future!