DELINQUENT CHILDREN AND CHILDREN IN NEED OF SUPERVISION UNDER THE TEXAS FAMILY CODE (FROM YOUNGEST MINORITY, V 2 - LAWYERS IN DEFENSE OF CHILDREN, 1977, BY SANFORD N KATZ - SEE NCJ-46495)

• NCJ Number: 46496
• Author(s): M T MCCONNELL
• Date Published: 1977
• Length: 12 pages
• Corporate Author: American Bar Assoc
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINT, FROM FAMILY LAW QUARTERLY, V 8, N 2, P 157-168

Annotation

THE CODE ATTEMPTS TO AVOID LABELLING CHILDREN WHO VIOLATE THE LAW BY INSTEAD LABELLING THE CONDUCT EITHER AS DELINQUENT OR AS INDICATING A NEED FOR SUPERVISION.

Abstract

WITH THE ENACTMENT OF TITLE THREE OF THE TEXAS FAMILY CODE, FEWER CHILDREN WHO VIOLATE THE LAW WILL BE KNOWN AS 'DELINQUENT CHILDREN' OR 'JUVENILE DELINQUENTS.' DELINQUENT CONDUCT UNDER THE CODE IS THAT CONDUCT, OTHER THAN TRAFFIC VIOLATIONS, WHICH (1) VIOLATES A PENAL LAW OF THE STATE AND IS USUALLY PUNISHABLE BY CONFINEMENT OR (2) VIOLATES A LAWFUL ORDER OF THE JUVENILE COURTS PROVIDED THAT THAT ORDER WAS NOT SPECIFICALLY ONE ESTABLISHING A NEED FOR SUPERVISION IN THE FACE OF TRUANCY OR A RUNAWAY SITUATION. CONDUCT WHICH, UNDER THE CODE, IS INDICATIVE OF A NEED FOR SUPERVISION INCLUDES THREE OR MORE VIOLATIONS OF THE STATE MISDEMEANOR PENAL LAWS, VIOLATIONS OF LOCAL PENAL ORDINANCES, VIOLATION OF SCHOOL ATTENDANCE LAWS, ABSENCE FROM THE HOME WITHOUT PARENTAL CONSENT, AND VIOLATION OF A PRIOR JUVENILE COURT ORDER INVOLVING TRUANCY OR ABSENCE FROM THE HOME. DELINQUENT CONDUCT ON THE PART OF A CHILD MAY RESULT IN COMMITMENT TO A FOSTER HOME OR AN APPROVED INSTITUTION UNLESS THE CHILD IS TO BE COMMITTED TO THE TEXAS YOUTH COUNCIL. CONDUCT INDICATING A NEED FOR SUPERVISION DOES NOT, IN MOST CASES, RESULT IN COMMITMENT. UNDER THE FORMER JUVENILE CODE, NO DISTINCTION WAS MADE BETWEEN ASSORTED VIOLATIONS: CHILDREN FOUND TO BE UNCONTROLLABLE, TRUANTS, OR RUNAWAYS WERE SUBJECT TO COMMITMENT TO THE TEXAS YOUTH COUNCIL. UNDER THE NEW CODE, EMPHASIS IS PLACED ON THE NEED TO TREAT CHILDREN AS OPPOSED TO PUNISHMENT; I.E., TO PROVIDE FOR THEIR CARE AND PROTECTION AND FOR THEIR PHYSICAL, MENTAL, AND MORAL DEVELOPMENT BY SUBSTITUTING TREATMENT AND REHABILITATION FOR THE NORMAL CONSEQUENCES OF CRIMINAL ACTIVITY. WHENEVER POSSIBLE, THE CHILDREN ARE PERMITTED TO REMAIN IN THE FAMILY ENVIRONMENT, BUT THE CODE ALSO MAKES PROVISION FOR THE PROTECTION OF THE PUBLIC FROM CHILDREN COMMITTING UNLAWFUL ACTS. SOME PROVISIONS OF THE CODE ARE PROBABLY SUBJECT TO RULINGS OF UNCONSTITUTIONALITY ON THE BASIS OF AGE DISCRIMINATION IN THAT THE CODE APPLIES TO MALES WHO HAVE NOT REACHED 17 AND FEMALES WHO HAVE YET TO REACH 18. (KBL)