Dispositional Phase of the Juvenile Justice System in the District of Columbia: The Implications of In re A.A.I.

• NCJ Number: 120802
• Journal: Catholic University Law Review Volume: 34 Issue: 4 Dated: (Summer 1985) Pages: 1257-1265
• Author(s): A Gallicchio
• Date Published: 1985
• Length: 9 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Format: Article
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

This article discusses a case illustrating the tension in the District of Columbia juvenile justice system between the Family Division of the Superior Court and the Department of Human Services (DHS), concluding that the emphasis should be on the child's liberty rather than the State's custody interest.

Abstract

The legal doctrine of parens patriae defines the role of the District of Columbia juvenile justice system. Confusions, however, can occur when two branches of government assume the parental role in the disposition of a delinquency case, as is illustrated by In re A.A.I., a case discussed in detail. The issue on appeal in In re A.A.I. was whether the Family Division of the D.C. Superior Court had the authority to issue a second commitment order after DHS failed to carry out the conditions of the original commitment order placing a juvenile in the legal custody of DHS. The appellate court held that the Family Division of the Superior Court relinquishes its custody over a child once legal custody vests in the DHS. Legal vesting can only occur, however, when the DHS executes the conditions of the Family Division's initial disposition order. Other cases detailing the limitations on judicial authority and the transfer of custody are discussed. Bureaucratic in-fighting over custody does not help to rehabilitate delinquents. Concern for the child's liberty interest would help to rid the system of in-fighting. 47 footnotes.