NCJ Number
78356
Date Published
1981
Length
538 pages
Annotation
This dissertation reviews the historical development of society's response to the problems of dependent, neglected, and/or delinquent children and focuses on the role of law in the creation of child care institutions. The document places emphasis on residential institutions for dependent and delinquent children, factories using child labor, and public schools.
Abstract
The study traces the origins of these institutions and follows their development into the 20th century. Although concentrating on the 19th century, the study does discuss relevant events in both the colonial period and the 20th century. Ways in which the legal system has defined society's powers over children's lives in the 19th and 20th centuries are described, and the effects of this power are discussed. The dissertation illuminates how 19th century legal developments promoted institutional abuse in the creation of child care institutions and in the structuring of child labor legislation, case law regarding corporal punishment in public schools, and in formulating and sustaining institutional policies and practices. In addition, the study examines effects of indeterminate sentencing, differentiation between status offenders and juveniles charged with criminal acts, due process considerations, creation of detention centers, and removal of children from adult facilities. Finally, the study probes the public's attitudes and events that set in motion the process of institutionalizing children on a large scale. Questions of what constituted institutional abuse and neglect in the 19th century, how these definitions changed over time, and what concerns motivated lawmakers as they struggled with the problems of institutionalizing children are considered. Chapter notes and a bibliography of over 600 references are provided.