NCJ Number
38788
Journal
Juvenile Justice Volume: 27 Issue: 4 Dated: (NOVEMBER 1976) Pages: 49-58
Date Published
1976
Length
10 pages
Annotation
CRITICAL ANALYSIS OF MISSOURI JUVENILE COURT CONSENT DECREE PROCEDURES WHICH ALLOW COMMITMENT TO THE STATE DIVISION OF MENTAL HEALTH WITHOUT A HEARING.
Abstract
CONSENT DECREES IN THE JUVENILE COURT ARE AUTHORIZED BY A MISSOURI STATUTE WHICH GIVES THE COURT THE POWER TO MAKE A PRELIMINARY INQUIRY INTO ANY SITUATION REGARDING A JUVENILE AFTER RECEIVING IN WRITING, FROM ANY INDIVIDUAL, A STATEMENT THAT INDICATES THAT THE CHILD COMES WITHIN SECTION 211.031, THE JURISDICTION STATUTE. HISTORICAL ARGUMENTS FAVORING CONSENT DECREES ARE PRESENTED ALONG WITH STATUTORY, GENERAL FAIRNESS, DUE PROCESS, AND EQUAL PROTECTION ARGUMENTS AGAINST CONSENT DECREE COMMITMENTS AND IN FAVOR OF MORE FORMAL COMMITMENT PROCEDURES. PERTINENT CASE LAW IS CITED. IT IS CONTENDED THAT SOME KIND OF HEARING IS NECESSARY BEFORE A JUVENILE MAY BE COMMITTED AND ALTERNATIVES TO CONSENT DECREE PROCEDURES ARE PROPOSED.