NCJ Number
61619
Journal
Juvenile & Family Court Journal Volume: 30 Issue: 3 Dated: (AUGUST 1979) Pages: 49-67
Date Published
1979
Length
19 pages
Annotation
A CHILD DEVELOPMENTALIST'S PERSPECTIVE ON THE RIGHTS AND NEEDS AND CHILDREN IS EXAMINED THROUGH A DISCUSSION OF THE DECISIONMAKING PROCESS, THE JUVENILE JUSTICE SYSTEM, AND THE SUGGESTED ROLE OF THE DEVELOPMENTALIST.
Abstract
MOST LAWYERS AND LAWMAKERS DO NOT POSSESS AN ADEQUATE BACKGROUND TO ACCURATELY AND INTELLIGENTLY ASSESS CHILDREN'S NEEDS. YET LAWYERS AND LAWMAKERS ARE ASKED TO DECIDE VERY IMPORTANT QUESTIONS AFFECTING CHILDREN'S LIVES. RARELY IS THE CHILD DEVELOPMENTALIST INVOLVED IN THE PROCESS OF DEFINING THE LEGAL RIGHTS OF THE CHILD; SUBSTANTIVE LAW IS FORMULATED IN THE LEGISLATURE, LAWS ENACTED BY CONGRESS ARE IMPLEMENTED THROUGH THE COURTS, AND JUVENILE COURTS ARE ALMOST ALWAYS COURTS OF INFERIOR JURISDICTION WHERE JUVENILE MATTERS ARE OFTEN NOT CONSIDERED ON A FULL-TIME BASIS. LAWYERS AND DEVELOPMENTALISTS ARE CAPABLE OF COMING TO AGREEMENT ON SOME ISSUES, HOWEVER, AS INDICATED IN THE MCKEIVER V. PENNSYLVANIA CASE WHEREIN THE CHILD'S RIGHT TO A JURY TRIAL WAS AFFIRMED. DISAGREEMENT BETWEEN LAWYERS AND DEVELOPMENTALISTS PRIMARILY FOCUSES ON THREE BASIC ISSUES. THESE INCLUDE ATTACHMENT OR SEPARATION OF CHILDREN FROM PARENTS OR CARETAKERS, THE CHILD'S RIGHT TO AND NEED FOR EMOTIONAL SECURITY, AND THE CHILD'S RIGHT TO TREATMENT IN BOTH MEDICAL AND CORRECTIONAL FACILITIES. IT IS CONCLUDED THAT, REALISTICALLY, THE ROLE OF THE CHILD DEVELOPMENTALIST IN LEGAL RIGHTS ISSUES OF CHILDREN IS LIMITED. WHEN CHILD DEVELOPMENTALISTS AND LAWMAKERS AGREE, DEVELOPMENTALISTS COULD FACILITATE AND EXPEDITE LEGAL DECISIONS. WHEN THEY ARE IN DISAGREEMENT, THE DEVELOPMENTALIST SHOULD ACT AS THE CHILD'S ADVOCATE AND ATTEMPT TO ALTER THE SYSTEM. IN THE LATTER CASE, COMMUNITY RESOURCES AND SUPPORT SHOULD BE UTILIZED. FOOTNOTES AND REFERENCES ARE PROVIDED IN THE ARTICLE. (LWM)