JUVENILE JUSTICE (FROM AMERICAN LAW - ANNUAL SURVEY, 1977, 1978, BY D S WISE AND A S LACHMAN - SEE NCJ-53652)

• NCJ Number: 53656
• Author(s): S BURROW
• Date Published: 1978
• Length: 18 pages
• Corporate Author: Oceana Publications, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE JUVENILE JUSTICE STANDARDS PROJECT'S PROPOSED STANDARDS FOR DEALING WITH STATUS OFFENDERS ARE ANALYZED.

Abstract

THE PROJECT RECOMMENDS THE ELIMINATION OF THE LEGAL SYSTEM'S POWER OF COERCIVE INTERVENTION IN ALMOST EVERY CASE OF A JUVENILE'S NONCRIMINAL MISBEHAVIOR. CAREFULLY DEFINED AREAS WHERE A DEGREE OF JUDICIAL AUTHORITY OVER STATUS OFFENDERS MAY BE RETAINED ARE ALSO INDICATED. THE PROPOSAL THAT LEGISLATION ELIMINATE THE JUVENILE COURT'S COERCIVE INTERVENTION IN INSTANCES OF JUVENILE NONCRIMINAL MISBEHAVIOR IS OFFERED AGAINST THE BACKGROUND OF THE GENERAL FAILURE OF JUVENILE COURTS TO HELP STATUS OFFENDERS AND THE NEGATIVE EXPERIENCES OF JUVENILES WHO HAVE BEEN UNFAIRLY TREATED BY JUDICIAL AUTHORITIES. THE PROJECT'S PROPOSED REVISIONS ARE BASED ON THE BELIEF THAT VOLUNTARY SOCIAL SERVICES WILL EXPAND TO DEAL EFFECTIVELY WITH THE PROBLEMS OF TROUBLED, BUT NONCRIMINAL, YOUTH NOW SUBJECTED TO THE COERCIVE AND INEFFECTIVE AUTHORITY OF JUVENILE COURTS. THE STANDARDS PROVIDES FOR LIMITED CUSTODY OF A JUVENILE BY 'ANY LAW ENFORCEMENT OFFICER WHO REASONABLY DETERMINES THAT A JUVENILE IS IN CIRCUMSTANCES WHICH CONSTITUTE A SUBSTANTIAL AND IMMEDIATE DANGER TO THE JUVENILE'S PHYSICAL SAFETY.' LAW ENFORCEMENT OFFICIALS ARE THEN REQUIRED TO ATTEMPT REUNION BETWEEN THE YOUTH AND HIS OR HER FAMILY AS SOON AS POSSIBLE. IF THE REUNION CANNOT BE EFFECTED, THE YOUTH IS TO BE PLACED IN A TEMPORARY NONSECURE FACILITY UNTIL ISSUES OF CONFLICT CAN BE RESOLVED. DURING THIS PERIOD, A BROAD RANGE OF SERVICES ARE TO BE PROVIDED THE CHILD. THE COURT IS GIVEN LIMITED POWER OF INTERVENTION WHERE A JUVENILE WISHES TO LIVE APART FROM HIS OR HER PARENTS OR QUARDIAN WITHOUT PERMISSION. THE COURT'S BASIC FUNCTION WOULD BE TO SUPERVISE THE YOUTH'S ALTERNATIVE PLACEMENT ACCORDING TO THE VOLUNTARY AGREEMENT OF THE JUVENILE AND THE PARENTS OR GUARDIAN. IF THE PARTIES CANNOT AGREE ON PLACEMENT, THE JUVENILE'S WISHES TAKE PRIORITY. THERE IS ALSO PROVISION FOR PROTECTIVE DETENTION OF JUVENILES WHO HAVE SHOWN NEED FOR EMERGENCY MENTAL HEALTH SERVICES. INVOLUNTARY DETENTION IS LIMITED TO 72 HOURS. DUE TO THE DOCUMENTED FAILURE OF THE CURRENT APPROACH FOR DEALING WITH STATUS OFFENDERS AND THE SUCCESS OF EXPERIMENTS IN NONINTERVENTION, LEGISLATORS SHOULD CONSIDER ADOPTION OF THE MODEL ACT. (RCB)