NCJ Number
69022
Date Published
1979
Length
20 pages
Annotation
THE PROS AND CONS OF CONTINUING PROBATION SERVICE INVOLVEMENT IN THE DIVORCE AND DOMESTIC COURTS HINGE UPON THE CALL FOR SPECIALIZATION (AWAY FROM PROBATION SERVICE) AND THE ARGUMENT FOR THE SERVICE'S EXISTING EXPERTISE.
Abstract
THE PROBATION OFFICER CAN CREATE A RELATIONSHIP WITHIN WHICH PERSONAL PROBLEMS IN DIVORCE CAN BE DEFINED AND THE TASKS FOR RESOLVING THEM CLARIFIED. ALSO, THE OFFICER CAN OPEN UP OPPORTUNITIES FOR CHANGE AND GROWTH THROUGH INDIVIDUAL COUNSELING OR BY REFERRAL TO OTHERS IN THE COMMUNITY. IN THIS RESPECT, THE WELFARE OFFICER CAN ACT IN AN ADVISORY CAPACITY TO THE COURT. IN DECISIONS OF CHILD CUSTODY OR ACCESS TO THE CHILD, THE COURT SHOULD SEEK FOR THE QUALITY OF THE CONTACT AND THE RELATIONSHIP RATHER THAN FOR QUANTITIES OF VISITS. THE GROWTH OF THE PROBATION SERVICE'S INVOLVEMENT IN THE PENAL FIELD HAS LED IT TO DECLARE THE OFFENDER AS ITS MOST IMPORTANT RESPONSIBILITY, RATHER THAN DOMESTIC MATTERS. OPPONENTS TO PROBATION OFFICERS' INVOLVEMENT IN DOMESTIC MATTERS CLAIM THAT THE PROBATION SERVICE IS NEITHER THE ONLY SOCIAL SERVICE WITH A PRIMARY RESPONSIBILITY TO THE COURTS NOR IS ITS WORK EXCLUSIVELY FOR THE COURTS. HAVING PIONEERED AND DEVELOPED DIVORCE COURT WELFARE WORK, PROBATION SERVICES HAVE ACQUIRED CLOSE FAMILIARITY WITH THE REQUIREMENTS OF THE COURTS AND WITH THE WAYS OF WORKING OF THE LEGAL PROFESSION. THIS EXPERTISE IS NECESSARY FOR THE GROWING PROBLEM OF DIVORCE AND MARITAL INSTABILITY, AND SUCH INVOLVEMENT WILL KEEP PROBATION SERVICES FROM BECOMING SOLELY CORRECTIONAL-ORIENTED. NINETEEN REFERENCES ARE PROVIDED.