Date: January 20, 2026
To: Representative Jones, Chairwoman, and Members of the House Children and Families Committee
From: Gwen Smith-Moore, Criminal Justice Policy Manager, Empower Missouri
RE: Opposition to HB 2498
As the largest and oldest anti-poverty non-profit in our state, Empower Missouri is committed to improving the quality of life for all Missouri residents through advocacy. Since our inception, Empower Missouri has focused on the criminal justice system and its impacts. Our Community Justice Coalition consists of community advocates and organizations from across the state who work with those who have been impacted by the criminal justice system. Many coalition members are formerly incarcerated or have currently incarcerated loved ones, and all are connected by a vision for a future without mass incarceration.
We are providing testimony today in opposition to HB 2498, sponsored by Representative Christ, which would make a host of changes to Missouri’s juvenile justice system. These changes, taken together, would almost certainly lead to an increase in the number of youths being certified as adults, a trend that has already been on the rise in recent years (annual reports from the Missouri Juvenile & Family Division show that 2020 saw only 31 youths certified, while 2024 saw 53 youths certified). HB 2498 would expand the role of prosecutors in youth transfers, requiring earlier consultations with prosecuting attorneys and allowing them to file motions for transfer. It would also expand law enforcement access to juvenile data: current law keeps juvenile records largely confidential, with specific exceptions. HB 2498 would require juvenile officers to share juvenile criminal history data with statewide systems used by law enforcement, creating a “juvenile criminal history database.” The bill also proposes changes to how the Juvenile Detention Assessment (JDTA) is utilized, by requiring the assessment to be shared up front with the prosecution, and mandating that juvenile officers consider all charges submitted by law enforcement in the assessment.
No matter the severity of the crime, the bottom line is that kids are different from adults. This sentiment is expressed in multiple Supreme Court rulings, from In re Gault to Miller v. Alabama, and is also based firmly in brain science. The prefrontal cortex, responsible for decision-making, executive function, impulse control, and long-term planning, is not fully developed until age 25. Adolescents are more easily influenced by external factors, such as their environment, than their adult counterparts. Most children naturally grow out of delinquent behavior, but incarceration can be counterproductive to this process. This impact is even greater for those who have been certified as adults: children in adult correctional facilities are 34 percent more likely to recidivate than those within the juvenile system. Youth detention resulted in a 31 percent decline in the likelihood of graduating from high school and a 25 percent increase in the likelihood of being arrested as an adult. System-involved youth already have a higher likelihood of having mental health disorders. Youth incarceration has a hugely detrimental impact on outcomes throughout the life course, and as such, should be used extremely sparingly, as only an absolute last resort in the most extreme cases.
In 2023, the National Council of Juvenile and Family Court Judges (NCJFCJ) issued a resolution calling for “legislation or policies that limit access to juvenile justice (law enforcement, courts, probation, corrections) records,” to protect youth from the fact that “once records are available outside the justice system, it is virtually impossible to safeguard the information from further disclosure and each time a juvenile record is made available in an online database or accessed by a new source, a youth’s exposure to collateral consequences increases.” The proposed “juvenile criminal history database” goes against this recommendation and could lead to unintended consequences for youth.
The role of a Juvenile Officer in Missouri is a critical one: Officers file juvenile cases and operate as the “prosecutor” in juvenile delinquency, child abuse, and neglect cases.
Some violent offenses require a mandatory certification hearing, and currently, the Juvenile Officer “may” consult the Prosecutor on these cases. HB 2498 proposes a significant change by requiring the Juvenile Officer and the Prosecutor to consult each other on every felony case referred to the JO by law enforcement, a dramatic increase in work. This bill would require the JO and the Prosecuting Attorney to consult on an estimated 5000-6000 more cases than they currently do. Felonies committed by juveniles are already being reviewed by competent and experienced Juvenile Officers, who have specialized knowledge of juveniles and youthful offending. There is no need for this duplication of work: Missouri Prosecutors have enough to do already without looking over the shoulders of JOs on thousands of additional cases.
There is also a concern that increased prosecutor involvement may lead to a politicization of juvenile cases. Now, juvenile certifications are removed from media and political pressure, with very few requests for access to certification hearings. Prosecutors, however, talk to the media frequently, often using press releases for a specific agenda. This bill may bring media pressure into the certification process and could risk more kids being certified simply for political gain.
HB 2498 would create more pathways for youth to be certified as adults. The impact would likely be disproportionately felt by Black youth, who are already certified at a higher rate than their white peers. In 2024, Black youth accounted for over 81% of youth certified as adults in Missouri (2024 Juvenile Annual Report). There are many factors at every step of the criminal justice system that lead to this overrepresentation, and increased involvement from prosecutors in the certification process, as outlined in HB 2498, could exacerbate this disparity. Empower Missouri joins other youth justice advocates in urging a no vote on HB 2498. We appreciate your time and consideration.
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