NCJ Number
76927
Date Published
1979
Length
44 pages
Annotation
A symposium presentation and subsequent discussion examine three proposed sets of standards regarding preadjudication procedures and detention in cases of abuse, neglect, and noncriminal misbehavior of juveniles.
Abstract
The proposed standards are those of the Institute for Judicial Administration/American Bar Association Joint Commission, the National Advisory Committee for Juvenile and Delinquency Prevention, and the National Task Force to Develop Standards and Goals for Juvenile Justice and Delinquency Prevention. The proposed standards are similar in several ways, including their strong preference for parental autonomy in child rearing and their emphasis on avoidance, wherever possible, of government intervention in the family structure. Where intervention is mandated, it is limited to the minimum necessary to achieve desired results because intervention is assumed to be traumatic for all family members. However, the procedural complexities recommended in the standards tend to add burdens to the system and emphasize the rights of the parents rather than those of the child. Examination of the standards reveals both definitional and practical problems in the areas of dealing with neglect and abuse. The standards for noncriminal misbehavior all accept the concept of shelter care but do not deal with juveniles who are habitual runaways and who refuse to remain in secure custody. The basic issues involved in setting standards in these areas are how to weigh conflicting interests and what degree of mistreatment to set to permit involvement of the court process. The discussion centered mainly on the issue of the threshold criteria for intervention. No references are cited.