NCJ Number
61208
Date Published
1979
Length
39 pages
Annotation
JUVENILE COURT JUDGES IN OHIO OPPOSE THE REAUTHORIZATION OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT IF IT REQUIRES STATES TO DEINSTITUTIONALIZE ALL STATUS OFFENDERS BY THE END OF 1980.
Abstract
OHIO AND MANY OTHER STATES WILL BE INELIGIBLE FOR FUNDS APPROPRIATED BY THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT (JJDPA) UNLESS SOME OF ITS PROVISIONS ARE MODIFIED. BECAUSE OF THE DEFINITIONS AND LANGUAGE USED IN THE LAW AND ITS REGULATIONS, MANY GROUP HOMES AND FOSTER CARE PROGRAMS IN OHIO WILL BE CATEGORIZED AS CORRECTIONAL INSTITUTIONS AND CANNOT BE USED FOR STATUS OFFENDERS AFTER 1980. JJDPA ALSO STIPULATES THAT STATUS OFFENDERS MUST BE SEPARATED FROM DELINQUENTS. THUS THE FEDERAL GOVERNMENT IS REQUIRING SEPARATE SYSTEMS OF JUVENILE JUSTICE FOR STATUS OFFENDERS AND DELINQUENTS, BUT HAS NOT COMMITTED THE FUNDS NECESSARY FOR IMPLEMENTATION. JUVENILE JUDGES ARE ALSO CONCERNED WITH THE PROVISION OF THE JJDPA WHICH CAN BE INTERPRETED TO FORBID THE PLACEMENT OF RUNAWAYS, TRUANT CHILDREN, MENTALLY ILL YOUTHS, AND ADDICTS IN JUVENILE INSTITUTIONS AGAINST THEIR WILL. THE FEDERAL GOVERNMENT SHOULD SHIFT ITS ATTENTION FROM THE INSTITUTIONALIZATION ISSUE TO THE IMPROVEMENT OF PROGRAMS THAT SERVE THE NEEDS OF JUVENILE OFFENDERS WITHOUT RESORTING TO INSTITUTIONS AND PROVIDE ADEQUATE LEGAL REPRESENTATION FOR CHILDREN AND FAMILIES. THE JUVENILE COURT SHOULD HAVE DISCRETIONARY AUTHORITY TO ASSES CASES ON AN INDIVIDUAL BASIS AND TO APPLY THE LEAST RESTRICTIVE ALTERNATIVES THAT MEET THE NEEDS OF THE CHILD AND COMMUNITY. COMMENTS AND LETTERS FROM JUVENILE COURT JUDGES IN SEVERAL STATES ARE INCLUDED WHICH SUPPORT THE POSITION OF THE OHIO JUDGES. THE PAMPHLET CONCLUDES WITH A STATEMENT DETAILING THE POSITIONS OF THE OHIO JUVENILE COURT JUDGES' ASSOCIATION ON LAWS AFFECTING CHILDREN AND FAMILIES. FOOTNOTES ARE PROVIDED. (MJM)