NCJ Number
46825
Date Published
1977
Length
91 pages
Annotation
THIS MONOGRAPH EXPLAINS THE NEW CONCEPT, 'CHILDREN IN NEED OF SUPERVISION,' INCORPORATED IN ALABAMA'S NEW JUDICIAL CODE, AND FACTORS TO BE CONSIDERED IN THEIR SPECIAL TREATMENT.
Abstract
THE PURPOSE OF ADDING THIS NEW CATEGORY, 'CHILDREN IN NEED OF SUPERVISION,' (CHINS), IS TO MAKE A LEGAL DISTINCTION POSSIBLE BETWEEN JUVENILE STATUS OFFENDERS AND DELINQUENTS. THE EFFORTS IN OTHER STATES TO DIVERT RUNAWAY, UNGOVERNABLE, OR TRUANT YOUTHS FROM THE CORRECTIONAL SYSTEM ALTOGETHER, IS DISCUSSED. WHEN THESE YOUTH ARE REFERRED TO THE COURTS, THE DIVERSION CONCEPT EMPHASIZES INTAKE SERVICES TO MAKE FORMAL COURT ADJUDICATION UNNECESSARY OR TO MAKE POSTADJUDICATORY DISPOSITIONS WHICH UTILIZE COMMUNITY-BASED SERVICES WHICH AVOID INCARCERATING YOUTH IN LOCKED FACILITIES WITH DELINQUENTS. TWO MAJOR TRENDS IN THE LAST 10 YEARS HAVE CONTRIBUTED TO THE DIVERSION OF STATUS OFFENDERS -COURT DECISIONS EXTENDING PROCEDURAL DUE PROCESS RIGHTS TO JUVENILES, AND THE REAFFIRMATION THAT WHEN THE COURT CHANGES THE CUSTODY OF A MINOR FROM HIS OR HER PARENTS TO A PUBLIC OR PRIVATE AGENCY, THE NEW ENVIRONMENT MUST BE REHABILITATIVE AND AN IMPROVEMENT OVER THE ENVIRONMENT FROM WHICH THE YOUTH WAS REMOVED. THE TRADITIONAL TYPE OF TRAINING SCHOOL, A CUSTODIAL INSTITUTION, IS DESCRIBED. LONGITUDINAL RESEARCH ON MASSACHUSSETTS' COMPREHENSIVE STEPS TO CLOSE ITS LARGE TRAINING SCHOOLS AND TO USE COMMUNITY-BASED FACILITIES CONCLUDED THAT THE LATTER ARE AS EFFECTIVE, MORE HUMANE, LESS EXPENSIVE, AND POSE NO MORE DANGER TO THE COMMUNITY THAN INSTITUTIONS. THE MAJORITY OF STATUS OFFENDERS ARE RUNAWAYS AND THOSE CONSIDERED BY THEIR FAMILIES TO BE UNGOVERNABLE, CHILDREN WHO ARE SHOWN BY RESEARCH TO BE QUALITATIVELY DIFFERENT FROM DELINQUENTS. SERVICES TO STATUS OFFENDERS SHOULD OCCUR WITHIN A VOLUNTARY FRAMEWORK AND MINIMIZE COERCION. TRUANTS ARE THE THIRD LARGEST GROUP OF CHINS, BUT THE INSUFFICIENCY OF RESEARCH MAKES RECOMMENDATIONS IMPOSSIBLE. IN ALABAMA, IF JUVENILE STATUS OFFENDERS COULD BE DIVERTED, IT WOULD REDUCE THE JUVENILE COURT LOAD BY ALMOST ONE-THIRD. ONLY IF VARIOUS PUBLIC AND PRIVATE AGENCIES DEVELOP A COORDINATED PROGRAM OF COMMUNITY SERVICES CAN THERE BE EFFECTIVE WORK WITH CHINS. SPECIFIC RECOMMENDATIONS FOR ALABAMA ARE GIVEN. ALTERNATIVES TO PREADJUDICATORY DETENTION, SUCH AS TEMPORARY FOSTER HOMES, NEED TO BE DEVELOPED. CRISIS-ORIENTED FAMILY COUNSELING SERVICES ARE NEEDED, INASMUCH AS THE VERY REASON FOR THE STATUS OFFENSE IS ALMOST ALWAYS FAMILY CONFLICT. ADEQUATE DIAGNOSTIC FACILITIES ARE NEEDED TO ASSESS WHETHER THE STATUS OFFENDER PRIMARILY NEEDS INTENSIVE COUNSELING, OR SKILLS DEVELOPMENT PROGRAMS. THERE IS A SPECIAL NEED FOR A GOOD DIAGNOSTIC FACILITY FOR FEMALES, BECAUSE THEY COMPRISED OVER TWO-THIRDS OF RUNAWAYS REFERRED IN ALABAMA IN 1976. TRAINING PROGRAMS SHOULD BE CONDUCTED TO MAKE IT POSSIBLE FOR ALABAMA AGENCIES TO IMPLEMENT THESE RECOMMENDATIONS. REFERENCES ARE PROVIDED. TABULAR DATA ARE APPENDED WHICH BREAK DOWN STATUS OFFENDER STATISTICS FOR 1975 AND 1976 BY COUNTY, OFFENSE, COURT REFERRALS AND DISPOSITION. (DJM)