NCJ Number
48791
Journal
Juvenile and Family Court Journal Volume: 29 Issue: 2 Dated: (MAY 1978) Pages: 49-56
Date Published
1977
Length
8 pages
Annotation
ARGUMENTS AGAINST GRANTING JUVENILE COURTS THE AUTHORITY TO ORDER PARENTS TO PARTICIPATE IN TREATMENT PROGRAMS FOR THEIR CHILDREN ARE PRESENTED, WITH REFERENCE TO FLORIDA LAW.
Abstract
A FLORIDA COURT ORDERED THE MOTHER OF AN ADOPTED DAUGHTER TO PARTICIPATE IN THE CHILD'S DRUG REHABILITATION PROGRAM. WHEN THE MOTHER WOULD NOT PARTICIPATE, THE JUVENILE COURT FOUND HER TO BE IN CONTEMPT OF COURT AND ORDERED HER INCARCERATED FOR 30 DAYS. THE APPELLATE COURT FOUND THAT THE JUVENILE COURT, A STATUTORY COURT OF LIMITED JURISDICTION, HAD OVERSTEPPED ITS BOUNDS. LATER THE FLORIDA LEGISLATURE PASSED AN AMENDMENT TO THE STATE'S JUVENILE CODE GRANTING THE JUVENILE COURT AUTHORITY TO ORDER PARENTS TO PARTICIPATE IN TREATMENT PROGRAMS FOR THEIR CHILDREN. IT IS SUGGESTED THAT, REGARDLESS OF STATUTES SUCH AS THE THE FLORIDA AMENDMENT, JUVENILE COURTS HAVE INSUFFICIENT LEGAL BASES FOR SUCH ORDERS, AND THAT MANDATORY INVOLVEMENT OF PARENTS WOULD BE INEFFECTIVE OR EVEN DETRIMENTAL FOR THE CHILD, THE PARENTS, AND OTHER MEMBERS OF THE CHILD'S FAMILY. IT IS CONCLUDED THAT MANDATED PARENTAL INVOLVEMENT IS NEITHER GOOD LAW NOR GOOD TREATMENT. (LKM)