NCJ Number
61210
Journal
Annual Survey of American Law Volume: 1977 Issue: 4 Pages: 737-754
Date Published
1977
Length
18 pages
Annotation
STANDARDS FROM THE JUVENILE JUSTICE CODE OF THE JUVENILE JUSTICE STANDARDS PROJECT RELATING TO 'NONCRIMINAL MISBEHAVIOR' (STATUS OFFENSES) ARE OUTLINED AND ASSESSED.
Abstract
IN A REJECTION OF THE TRADITIONAL PARENS PATRIAE ROLE OF THE JUVENILE COURT, PART I OF THE STANDARDS PROHIBITS JUVENILE COURT JURISDICTION OVER STATUS OFFENSES. THIS REFORM RESPONDS TO STUDIES THAT SHOW AN EXCESSIVE RELIANCE ON DETENTION FOR STATUS OFFENDERS PROCESSED BY JUVENILE COURTS. PART II OF THE STANDARDS PROVIDES FOR LIMITED CUSTODY OF A JUVENILE BY 'ANY LAW ENFORCEMENT OFFICER WHO REASONABLY DETERMINES THAT A JUVENILE IS IN CIRCUMSTANCES WHICH CONSTITUTE A SUBSTANTIAL AND IMMEDIATE DANGER TO THE JUVENILE'S PHYSICAL SAFETY.' SIGNIFICANTLY, THE STANDARDS DO NOT PROVIDE FOR CUSTODY OF A CHILD BASED SOLELY ON A DANGER TO MORAL CHARACTER. FURTHER, IT IS REQUIRED THAT, IF THE YOUTH CONSENTS, THE INTERVENING OFFICER WOULD TAKE THE JUVENILE TO THE HOUSE OF EITHER THE PARENTS OR ANOTHER RESPONSIBLE ADULT. IF THE YOUTH DOES NOT CONSENT, HE OR SHE MAY BE TAKEN INTO TEMPORARY DETENTION AT A NONSECURE FACILITY. NOTICE TO THE CHILD'S PARENTS OF THE REASON FOR DETENTION MUST BE PROVIDED, ABSENT COMPELLING REASONS NOT TO INFORM, AND THE YOUTH AND THE PARENTS SHOULD BE ADVISED OF APPROPRIATE SERVICES AVAILABLE THROUGH COMMUNITY AGENCIES. THE MAXIMUM DETENTION PERMISSIBLE UNDER THIS STANDARD IS SIX HOURS. IF, AT THE END OF THE SIX-HOUR PERIOD, THE JUVENILE REFUSES TO RETURN HOME AND CANNOT SAFELY BE RELEASED, HE OR SHE IS TO BE TREATED AS A RUNAWAY. THE STANDARDS GIVE A LIMITED POWER OF INTERVENTION IN THE CIRCUMSTANCES OF A JUVENILE WHO WISHES TO LIVE APART FROM HIS OR HER PARENTS OR GUARDIAN WITHOUT PERMISSION. WHILE REQUIRING THE PROVISION OF COUNSELING SERVICES DESIGNED TO EFFECT THE REUNION OFJ THE JUVENILE AND HIS OR HER FAMILY, THE YOUTH IS GIVEN A LEGAL RIGHT TO DEMAND A SEPARATE HOME. THERE IS PROVISION FOR PROTECTIVE DETENTION OF JUVENILES WHO DEMONSTRATE THE NEED FOR EMERGENCY CARE DUE TO SUICIDAL OR SERIOUSLY ASSAULTIVE TENDENCIES. GIVEN THE DOCUMENTED FAILURES OF THE TRADITIONAL JUVENILE JUSTICE SYSTEM APPRAOCH TO STATUS OFFENDERS AND THE SUCCESS OF EXPERIMENTS IN NONINTERVENTION, LEGISLATORS SHOULD SERIOUSLY CONSIDER ADOPTION OF THE STANDARDS. (RCB)