Diversion in the Dutch Child Care System

• NCJ Number: 73969
• Author(s): J Junger-Tas
• Date Published: 1980
• Length: 31 pages
• Corporate Author: Netherlands Ministry of Justice
• Publication Format: Document
• Language: English
• Country: Netherlands
• Note: Paper presented at the 3e Internationales Monchengladbacher Seminar fur vergleichende Strafrechtspflege, July 1980.

Annotation

The use of diversion in the Dutch juvenile justice system is described.

Abstract

The Dutch juvenile justice system is called a 'child care system' to reflect its orientation toward the welfare model rather than the justice model. The three categories of children that come into contact with the child care system are children under guardianship, including those whose parents are deprived of their parental rights; children who are threatened with moral or physical danger; and juvenile offenders who have been found guilty of a criminal offense. The main institutions handling the children that enter the system are the special children's police in larger cities; guardianship councils which advise the juvenile court; the juvenile judge; and guardianship and family guardianship societies, which are completely responsible for the health, education and instruction of children whose parents are relieved of their rights. The total number of children entering the child care system has declined from about 42,000 in 1960 to about 22,000 in 1978. Youths are increasingly being diverted from the juvenile court system by different agencies and different proceedings. The police, the councils for child protection, and the probation service have all contributed to the shift in emphasis from judicial intervention to social intervention, which occurs formally and informally as well as officially and unofficially. The police's two main approaches are the dismissal of cases and reprimanding of juveniles and the collaboration with other social agencies to divert juveniles to these services. Social workers for the councils for youth protection have increasingly adopted a role of guidance and counseling and have developed outreach efforts in which they seek out clients in the streets. Alternative social agencies and crisis intervention units have also been developed to work with youth who come to them on a voluntary basis. The desirability and impact of the shifts to a welfare approach and to increasing use of diversion should be evaluated. Twenty-six references are listed, and a table and graph are included.