SYNOPSIS - STANDARDS RELATING TO NONCRIMINAL MISBEHAVIOR (FROM STATUS OFFENDERS AND THE JUVENILE JUSTICE SYSTEM AN ANTHOLOGY, 1978, BY RICHARD ALLINSON - SEE NCJ-48132)

• NCJ Number: 48134
• Author(s): ANON
• Date Published: 1978
• Length: 4 pages
• Corporate Author: National Council on Crime and Delinquency
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: REPRINTED FROM BOSTON UNIVERSITY LAW REVIEW, V 57, N 4 (JULY 1977), P 627-630

Annotation

AN OVERVIEW IS PRESENTED OF THE STANDARDS FOR NONCRIMINAL BEHAVIOR PROPOSED BY THE INSTITUTE FOR JUDICIAL ADMINISTRATION AND THE AMERICAN BAR ASSOCIATION JOINT COMMISSION ON JUVENILE JUSTICE STANDARDS.

Abstract

THE STANDARDS RECOMMEND THE REMOVAL OF STATUS OFFENSES FROM JUVENILE COURT JURISDICTION. THE FIRST PART OF THE STANDARDS CONTENDS THAT A JUVENILE'S ACT OF MISBEHAVIOR, UNGOVERNABILITY, OR UNRULINESS WHICH DOES NOT VIOLATE THE CRIMINAL LAW SHOULD NOT CONSTITUTE GROUNDS FOR ASSERTING JUVENILE COURT JURISDICTION. HOWEVER, IT IS NOT THE INTENTION OF THIS SECTION TO PRECLUDE ANY OF THE FOLLOWING ACTIVITIES: JUDICIAL REVIEW OF ALTERNATIVE RESIDENTIAL PLACEMENTS FOR YOUTH IN FAMILY CONFLICT, PROCEEDINGS FOR THE MENTAL HEALTH COMMITMENT OF A JUVENILE, OR PROCEEDINGS IN CHILD NEGLECT, ABUSE, OR DELINQUENCY. THE SECOND PART PROVIDES THAT A LAW ENFORCEMENT OFFICER WHO REASONABLY BELIEVES THAT A JUVENILE IS IN IMMEDIATE PHYSICAL DANGER MAY TAKE THE JUVENILE INTO CUSTODY FOR A PERIOD NOT TO EXCEED 6 HOURS. THIS SECTION ALSO DETAILS THE OFFICER'S RESPONSIBILITIES REGARDING THE RIGHTS OF THE JUVENILE, THE NOTIFICATION OF KIN, AND THE JUVENILE'S PLACEMENT IN A PROPERLY LICENSED, TEMPORARY NONSECURE RESIDENTIAL FACILITY IF CONDITIONS PREVENT THE YOUTH'S RELEASE AFTER THE INITIAL 6 HOURS. PART III OUTLINES PROCEDURES FOR DEALING WITH RUNAWAY JUVENILES AND EXPRESSES THE PRINCIPLE THAT PARENTS -- LEGAL OR DE FACTO -- SHOULD TAKE RESPONSIBILITY FOR THE CARE OF A JUVENILE UNTIL MAJORITY, UNLESS THE JUVENILE IS EMANCIPATED OR PARENTAL RIGHTS ARE TERMINATED IN A PROPER JUDICIAL PROCEEDING. THE NEXT SECTION HOLDS THAT A BROAD SPECTRUM OF SERVICES SHOULD BE PROVIDED TO ASSIST A JUVENILE IN RESOLVING CONFLICTS WITHIN THE FAMILY. THESE SERVICES SHOULD BE OFFERED ON A VOLUNTARY BASIS AND SHOULD INCLUDE CRISIS INTERVENTION AND CONTINUING SERVICE ELEMENTS. THE VARIETY OF SERVICES SHOULD HEIGHTEN ACCESS AND RESPONSIVENESS TO THE NEEDS OF JUVENILES, FAMILIES, AND THE COMMUNITY AND SHOULD ALSO INCLUDE CRISIS SWITCHBOARDS STAFFED ON A 24-HOUR BASIS WITH PERSONNEL KNOWLEDGEABLE IN THE LANGUAGES PREVALENT WITHIN THE SERVICE COMMUNITY. ALTERNATIVE RESIDENTIAL PLACEMENT FOR JUVENILES IN FAMILY CONFLICT IS DESCRIBED, AND THE STANDARDS STATE THAT SUCH PLACEMENTS SHOULD BE MADE IN NONSECURE FAMILY OR SMALL GROUP SETTINGS OF NOT MORE THAN 20 YOUTHS. THE FINAL SECTION ARTICULATES STANDARDS FOR EMERGENCY SERVICES -- INCLUDING SHELTER CARE AND MEDICAL FACILITIES -- THAT SHOULD BE PROVIDED TO JUVENILES IN CRISIS. (KBL)