NCJ Number
118484
Date Published
1989
Length
19 pages
Annotation
Recommendations are offered to clarify the judicial role in juvenile justice and child protection.
Abstract
Juvenile and family courts must have the power necessary to meet their judicial responsibilities, have an adequate number of qualified judicial officers and other court personnel available to assure optimum handling of each case, and have the authority to provide alternative and effective processing of juvenile and family matters. These courts must be authorized to issue special preadjudicatory orders designed to protect the best interests of the child, have original and exclusive jurisdiction to coordinate all matters affecting children and families in delinquency or abuse and neglect matters, and have the authority to order individualized disposition based on evidence. The courts must also be authorized to review their own dispositional orders, case plans, and progress reports and the results of other judicial monitoring of any case. They must have available to them an adequate range of service and treatment resources and have statutory authority to order parents or guardians to pay reasonable and necessary costs. There must be clearly defined judicial authority for continuing jurisdiction over child placements, commitments, and other dispositional orders. Statutes should provide for minimum standards and frequent independent review of all out-of-home facilities and treatment programs for juveniles. Judges should be involved in State rulemaking on the adoption of new court rules that will improve court operation and on changes in existing court rules that hinder the effectiveness of courts. Judges with administrative responsibility must have the authority to delegate specified duties and responsibilities to qualified hearing or judicial officers and other court personnel and must have statutory authority to order parents or guardians to participate in treatment or services for the best interests of the child.