NCJ Number
62072
Date Published
1977
Length
204 pages
Annotation
FOR CAREGIVERS WORKING IN OR HOPING TO ESTABLISH SHELTERS FOR RUNAWAY YOUTH, THIS NONTECHNICAL REPORT DISCUSSES LEGAL ISSUES AFFECTING THE OPERATION OF RUNAWAY SHELTERS.
Abstract
BECAUSE GROUP CARE IS RARELY MENTIONED IN ZONING ORDINANCES, SHELTERS OFTEN FACE ZONING DIFFICULTIES DUE TO CITIZEN CONFUSION ABOUT OR RESISTANCE TO GROUP CARE RESIDENCES. SPECIAL ZONING EXCEPTIONS, TO ATTACK EXCLUSIONARY ZONING, AND TO MODIFY ZONING ORDINANCES ARE DISCUSSED. SIGNIFICANT COURT CASES IN THESE AREAS ARE MENTIONED. SHELTERS ALSO FACE REGULATIONS GOVERNING FUNDING AND OPERATION OF RUNAWAY PROGRAMS AUTHORIZED UNDER THE RUNAWAY YOUTH ACT. LICENSING AND FACILITIES REGULATION AND STAFF CERTIFICATION ARE COVERED. IN SUPPORTING REHABILITATION OR TREATMENT FOR JUVENILE OFFENDERS, POLICE ARE OFTEN SYMPATHETIC TO SHELTERS. BECAUSE SHELTER STAFFS MAY BE HELD LIABLE UNDER VAGUELY WRITTEN STATUTES THAT FORBID CONTRIBUTING TO THE DELINQUENCY OF A MINOR OR HARBORING JUVENILES, ADVISE IS GIVEN ON HOW TO AVOID THIS PROBLEM. DUE TO THE IMPORTANCE OF POLICE INVOLVEMENT, JUVENILE ARREST PROCEDURE IS ALSO COVERED. CIVIL LIABILITY OF SHELTER STAFFS, RECORDS CONFIDENTIALITY, AND SHELTER STAFF SUPERVISION OR REVOCATION OF JUVENILES' PAROLE ARE DISCUSSED. HAVING CONSIDERABLE IMPACT ON SHELTERS, THE INTERSTATE COMPACT ON JUVENILES IS DISCUSSED, WHICH PROVIDES A FORMAL MECHANISM TO RETURN CHILDREN WHO HAVE LEFT THE STATE OF THEIR PARENTS OR GUARDIANS AND ARE NOW FOUND IN ANOTHER JURISDICTION. STATE CODE CITATIONS AND BIBLIOGRAPHIES ARE INCLUDED. (PAP)