NCJ Number
47255
Journal
New York University Law Review Volume: 52 Issue: 5 Dated: (NOVEMBER 1977) Pages: 1033-1050
Date Published
1977
Length
18 pages
Annotation
THE APPROACH TAKEN BY PROPOSED STANDARDS ON ABUSE AND NEGLECT TO RESOLVING PROBLEMS CONFRONTING THE CHILD WELFARE SERVICE SYSTEM IS DESCRIBED AND ASSESSED.
Abstract
THE ABUSE AND NEGLECT STANDARDS WERE DEVELOPED BY THE INSTITUTE OF JUDICIAL ADMINISTRATION AND AMERICAN BAR ASSOCIATION JOINT COMMISSION ON JUVENILE JUSTICE STANDARDS. OF CONCERN ARE THE CHILDREN WHO COME INTO THE CARE OF THE STATE EITHER BECAUSE THEIR PARENTS VOLUNTARILY TURN THEM OVER OR BECAUSE A JUDGE DETERMINES THAT THEY ARE THE VICTIMS OF PARENTAL ABUSE OR NEGLECT. THE BASIC PROBLEMS FACED BY THE JOINT COMMISSION IN THE AREA OF STATE INTERVENTION INTO THE FAMILY ARE OUTLINED, AND THE MANNER IN WHICH THE STANDARDS PROPOSED TO RESOLVE THOSE PROBLEMS IS DESCRIBED AND EVALUATED. THE DISCUSSION ENCOMPASSES THE OVERALL GOALS OF THE ABUSE AND NEGLECT STANDARDS AND THEIR SPECIFIC PROVISIONS WITH REGARD TO BASES FOR COERCIVE COURT INTERVENTION, VOLUNTARY PLACEMENTS, AND TERMINATION OF PARENTAL RIGHTS. THE STRENGTH OF THE STANDARDS IS SAID TO LIE IN THEIR CODIFICATION OF THE CIRCUMSTANCES IN WHICH COERCIVE STATE INTERVENTION IS PERMITTED. IT IS SUGGESTED, HOWEVER, THAT THE DRAFTERS -- FOR THE MOST PART LAWYERS -- MAY HAVE PLACED TOO MUCH RELIANCE ON THE COURTS. IF THE JUVENILE COURTS CANNOT EFFECTIVELY ADMINISTER THE STANDARDS, THE ADVANTAGES PROMISED BY PRECISE DELINEATION OF THE TERMS AND CONDITIONS OF COERCIVE AND NONCOERCIVE STATE INTERVENTION MAY NEVER BE REALIZED. IT IS QUESTIONED WHETHER SOCIAL POLICY AND THE EXPENDITURE OF SOCIAL SERVICE DOLLARS CAN BE ALTERED RADICALLY BY THE COURTS. (LKM)