NCJ Number
110075
Journal
Catholic University Law Review Volume: 34 Issue: 4 Dated: (Summer 1985) Pages: 1257-1265
Date Published
1985
Length
9 pages
Annotation
This article discusses the need for clarification in the dispositional phase of the juvenile justice system in the District of Columbia.
Abstract
In the juvenile justice system operating in the District of Columbia, the Family Division of the Superior Court handles juvenile delinquency proceedings. The Family Division is authorized to act in parens patriae when disposing of juvenile cases; that is, it is authorized to assume custody over and to provide protection for a minor child when parents default in their responsibilities to the child. Often, when carrying out its responsibilities, the Family Division transfers legal custody of a delinquent child to the District of Columbia Department of Human Services (DHS) under a commitment order. This article examines the question of how much authority and continuing jurisdiction the Family Division can exercise over a child after it has ordered the DHS to take custody of him or her. In re A.A.I., the District of Columbia Court of Appeals considered whether the Family Division had the authority to issue a second commitment order after DHS failed to execute an original order placing the juvenile in the legal custody of DHS. The court held that the Family Division relinquished its authority over a child once legal custody vested in DHS. However, the court went on, legal authority would only vest in DHS when it carried out the conditions in the original disposition order. Failure to carry out the first disposition resulted in DHS not assuming legal custody of the juvenile. A second order was not only legal but necessary. The author discusses the tensions between the Family Division and the DHS and suggests that the juvenile justice system should emphasize the child's liberty rather than the State's custodial interest. 47 footnotes.