Handicapped Child - A Prisoner of the Juvenile Justice System (From Learning Disabled Delinquent - Issues and Programming, P 81-92, 1981, Joseph A Cox, ed. - See NCJ-88371)

• NCJ Number: 88375
• Author(s): R M Soskin
• Date Published: 1981
• Length: 12 pages
• Sale Source: Lakeview Ctr, Inc
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

Handicapped children are treated unfairly by the courts and juvenile law.

Abstract

Recent studies indicate that as much as 27 percent of the prison population may be mentally retarded. Yet legal cases have generally not focused on the handicapped juvenile population. Judicial decisions seem to be based solely on an attempt to equalize one child's disposition with another's, rather than accommodate the adolescent's unique needs. If the disposition of the handicapped juvenile is to mean more than just segregation or punishment, then a positive right to treatment must be established. Several legal precedents have been formulated which outline the civil rights of mentally disabled adolescents in court. Courts have adopted the use of the least restrictive alternative principle and community services in the civil commitment system. Federal law now mandates the right to education for handicapped children and calls for 'mainstreaming' the handicapped into regular classrooms. These court decisions and laws indicate that the impetus for reform exists. A total of 25 footnotes are included.