NCJ Number
45795
Journal
Australian and New Zealand Journal of Criminology Volume: 10 Issue: Y Dated: (DECEMBER 1977) Pages: 233-243
Date Published
1977
Length
11 pages
Annotation
THE LEGISLATIVE HISTORY, PRECEDENTS, ROLE, AND LIMITATIONS OF NEW ZEALAND'S CHILDREN'S BOARDS, CONCEIVED AS AN ALTERNATIVE TO COURT ADJUDICATION, ARE EXAMINED.
Abstract
THE CHILDREN'S BOARDS ARE THE CREATION OF THE CHILDREN AND YOUNG PERSONS ACT OF 1974 WHICH BECAME EFFECTIVE APRIL 1, 1975. OFFENSES AND INCIDENTS INVOLVING CHILDREN UNDER 14 YEARS OLD MAY BE REFERRED TO THESE BOARDS FOR ACTION. THE BOARD IS AN INFORMAL AGENCY COMPOSED OF A REPRESENTATIVE FROM THE POLICE DEPARTMENT, SOCIAL WELFARE, STATE SERVICES, AND THE COMMUNITY. PATTERNED AFTER SIMILAR DIVERSIONARY AGENCIES IN THE UNITED STATES AND GREAT BRITAIN, THE CHILDREN'S BOARDS ARE A MANDATED VERSION OF THE SOCIAL SERVICES/POLICE CONFERENCES HELD PRIOR TO THE PASSAGE OF THE 1974 ACT AND EMBODY THE PREVENTIVE INTERVENTION PRINCIPLES SET FORTH IN THE CHILD WELFARE ACT OF 1925. THE BOARDS WILL PERFORM A NUMBER OF ROLES WHICH INCLUDE PREADJUDICATION IDENTIFICATION AND SCREENING, ADMONITION OF CHILDREN AND THEIR PARENTS, PROVISION OF ADVICE AND ASSISTANCE TO FAMILIES IN TROUBLE, AND REFERRAL TO OTHER AGENCIES AND SERVICES. A NUMBER OF ISSUES AND POTENTIAL DANGERS WHICH MUST BE FACED BY THE BOARDS ARE CONSIDERED. IT IS SUGGESTED THAT THE BOARDS MUST BE ABLE TO DECIDE WHEN NO INTERVENTION IS NECESSARY, AS WELL AS WHAT INTERVENTION IS NECESSARY; AND WHEN INTERVENTION IS DEEMED NECESSARY, THE BOARDS SHOULD-ENGAGE IN APPROPRIATE FOLLOWUP ACTIVITIES. THE BOARDS CAN BEST FUNCTION AS FACILITATORS, NOT AS SOCIAL WORK AGENCIES. IT IS MOST IMPORTANT THAT THEY PROVIDE AN ALTERNATIVE, NOT A SUBSTITUTE FOR ADJUDICATION, AND CARE MUST BE TAKEN TO PRESERVE THEIR INFORMAL AND VOLUNTARY NATURE. IT IS HOPED THAT THE DISCRETIONARY POWERS OF THE SOCIAL WORKER AND THE POLICE TO REFER OR NOT REFER A CHILD TO THE CHILDREN'S BOARD WILL NOT DETRACT FROM THE BOARD'S ROLE AND POWERS. ONE INDICATION OF THE BOARDS' SUCCESS WILL BE REDUCTION OF CASES REACHING THE COURTS, BUT THIS WILL ONLY BE POSSIBLE IF THE CASELOADS ARE NOT LIMITED BY POLICE OR SOCIAL WORKER PRESCREENING AND DECISIONMAKING. FINALLY, IT IS HOPED THAT THE BOARD WILL OPERATE WITHOUT CLASS BIAS, AND THAT FUNDING AND MANPOWER RESOURCES WILL BE SUFFICIENT TO THEIR EFFECTIVE OPERATION. (JAP)