NCJ Number
186309
Journal
National Council on Family Relations Report Volume: 45 Issue: 3 Dated: September 2000 Pages: F1-F3
Date Published
September 2000
Length
3 pages
Annotation
This article presents the National Council of Juvenile and Family Court Judges' (NCJFCJ) "blueprint" for an effective family court.
Abstract
Under the doctrine of parens patriae, family courts are mandated to intervene when parents seriously fail to fulfill their parental responsibilities for nurturing their children. The court has the authority to substitute for the parent and provide the services needed for the child's proper development. All 50 States include a juvenile or family court as a part of their judicial system. NCJFCJ advocates a unified family court, housed in a centrally located family court center in every jurisdiction. The unified family court would be the equal of the highest trial court of general jurisdiction and be staffed by trained judges and other professionals. This court would have under its jurisdiction an array of family-related cases, including juvenile delinquency, dependency, status offenses, paternity, custody, support, mental health, adoption, family violence, and marital dissolution. The facility that houses the court would be the center for intake, evaluation, and referral to an array of public and private services, many of which could be located on site. This family court center could also offer counseling, mediation, and other nonadversarial formal court processes when possible. Family court judges must excel as jurists and be well educated in the law, advocate publicly for the needs of children and families, and understand family dynamics and child development. In their role as judges, they must ensure due process for the children and families who appear before them and be committed to principles of treatment, rehabilitation, and family preservation, as well as community protection and accountability. Resources available to family courts should include family preservation services; physical, mental, educational, and substance abuse evaluations; parenting education; guardians ad litem or court appointed special advocates; volunteers; citizen advisory groups; alternative dispute resolution services; foster care; residential and day treatment programs; secure detention and alternatives; and secure correctional facilities.