NCJ Number
61614
Journal
Juvenile and Family Court Journal Volume: 30 Issue: 3 Dated: (AUGUST 1977) Pages: 7-14
Date Published
1979
Length
8 pages
Annotation
CONSIDERATIONS INVOLVED IN DETERMINING THE BEST WAY OF COPING WITH THE YOUNGSTER WHO DOES NOT RESPOND TO THE DIRECTIVES OF PARENTS, TEACHERS, AND OTHER ADULTS IN THE COMMUNITY ARE DISCUSSED. FOCUS IS ON DETENTION.
Abstract
DETENTION OF THE JUVENILE STATUS OFFENDER SERVES A NUMBER OF OBJECTIVES BUT IN DETERMINING WHEN DETENTION IS APPROPRIATE, IT IS IMPORTANT TO DISTINGUISH BETWEEN THESE OBJECTIVES AND THE ISSUES RAISED BY SUCH DETENTION. THE MOST GENERALLY RECOGNIZED OBJECTIVE IS TO HOLD THE CHILD OR YOUTH WHILE COURT STAFF STUDY THE SITUATION AND UNTIL THE JUVENILE COURT CAN ACT ON THE CASE. A LESS OFTEN RECOGNIZED OR ADMITTED OBJECTIVE OF LOCAL DETENTION IS TO BACK UP THE SHAKY AUTHORITY OF PARENTS OR CHILD-CARE WORKERS IN A RESIDENTIAL TREATMENT AGENCY. LONGER-TERM DETENTION IS FOUND IN THE CLOSED SETTING FOR PUNISHMENT OR TREATMENT, AS USED IN TRAINING SCHOOLS OR PSYCHIATRIC WARDS. DEBATES ABOUT DETENTION GIVE RISE TO A NUMBER OF LEGAL ISSUES, THE QUESTIONS ON ROLE OF AUTHORITY, AND TREATMENT ISSUES. LEGAL ISSUES INVOLVE PROBLEMS WITH THE DEFINITION OF SOME STATUS OFFENSES, PROVING THAT STATUS OFFENSES HAVE OCCURRED, AND DISCRIMINATION, AS FEMALES AND LOWER-INCOME FAMILY YOUTHS ARE MOST OFTEN SUBJECT TO DETENTION. CRITICS OF THE TRADITIONAL VIEW OF STATUS OFFENDERS QUESTION THE RIGHT OF THE AUTHORITIES TO ENFORCE DETENTION; THIS DISLIKE OF COERCION AND DISCOMFORT WITH AUTHORITY IS COMMON TODAY IN WESTERN SOCIETIES. USE OF DETENTION AS PART OF TREATMENT SOMETIMES MAY BE NECESSARY IF THE TREATMENT IS TO BE EFFECTIVE. HOWEVER, AT THE VERY LEAST, THE PROCEDURES FOR DETENTION WITHIN A TREATMENT AGENCY SHOULD BE THE SUBJECT OF COURT REVIEW. IT IS CONCLUDED THAT JUVENILE DETENTION EFFORTS SHOULD SEEK A MIDDLE GROUND, OR A BALANCE OF THESE OBJECTIVES AND ISSUES. STATUS OFFENDERS SHOULD BE KEPT IN THEIR HOMES WHENEVER POSSIBLE AND TREATED THERE. DELINQUENT YOUNGSTERS SHOULD BE SIMILARLY DEALT WITH. TEMPORARY LOCAL DETENTION SHOULD BE USED AS BACKUP FOR WEAKENED PARENTAL AUTHORITY AND AS SUPPORT FOR CHILD-CARE WORKERS. ALL DETENTION SHOULD BE CLOSELY MONITORED. UNFORTUNATELY, DETENTION IS USED TOO OFTEN FOR THE TREATMENT OF AGGRESSIVE YOUTH, BUT TO PHASE IT OUT ENTIRELY FOR STATUS OFFENDERS IS UNREALISTIC. FOOTNOTES ARE INCLUDED IN THE ARTICLE. (LWM)