NCJ Number
59371
Date Published
1979
Length
175 pages
Annotation
OBSERVATIONS OF COURT PROCEEDINGS INVOLVING MINS (MINORS IN NEED OF SUPERVISION) PETITIONS ARE THE BASIS OF THIS CRITICAL ANALYSIS OF THE HANDLING OF STATUS OFFENDERS BY THE COOK COUNTY, ILL., JUVENILE COURT.
Abstract
DATA WERE COLLECTED ON 941 PROCEEDINGS IN WHICH 732 PETITIONS FILED FOR 604 YOUTHS ALLEGED TO BE RUNAWAYS, TRUANTS, SEXUALLY PRECOCIOUS, OR INCORRIGIBLE, WERE CONSIDERED. RESEARCHERS ACTUALLY MONITORED 777 OF THESE PROCEEDINGS. THE STUDY REPORT COVERS STATUTORY DEFINITIONS PERTAINING TO MINS; THE SOCIAL, PSYCHOLOGICAL, AND EDUCATIONAL PROBLEMS OF MINS; COURT PROCEDURES; THE CONDUCT OF YOUTHS, PARENTS, AND COURT AND SERVICE AGENCY PERSONNEL; SERVICES FOR MINS; AND THE ROLE OF THE COURT AS SERVICE MONITOR, PROVIDER, AND 'COERCER.' IT WAS FOUND THAT THE MINS JURISDICTION IS OVERUSED BY THE COURT IN THE INAPPROPRIATE EXERCISE OF POWER OVER YOUTHS WHO ARE IN FACT DELINQUENT, NEGLECTED, MENTALLY ILL, OR SIMPLY INDEPENDENT. LAWS SPECIFYING PROCEDURES AND RIGHTS OFTEN ARE IGNORED BY THE COURT. YOUTHS AND THEIR FAMILIES RARELY PARTICIPATE MEANINGFULLY IN THE PETITION PROCESS, AND THE ROLE OF THE FAMILY IN YOUTH'S PROBLEMS IS LARGELY IGNORED. LEGAL REPRESENTATION PROVIDED YOUTHS IS PERFUNCTORY. THE STUDY ALSO RAISED DOUBTS ABOUT THE QUALITY OF THE COURT'S MONITORING OF MINS' PROGRESS AND ABOUT THE QUALIFICATIONS OF JUDGES. AMONG 40 RECOMMENDATIONS FOR LEGISLATIVE AND ADMINISTRATIVE CHANGES ARE THE FOLLOWING: GREATER SPECIFICITY IN THE STATUTORY DEFINITION OF MINS; NO DETENTION OF MINS; INCREASED RIGHTS AND PROTECTION FOR THE SUBJECTS OF MINS PETITIONS; APPOINTMENT OF ATTORNEYS RATHER THAN 'GUARDIANS AD LITEM' TO REPRESENT ALLEGED MINS; TREATMENT OF NEGLECTED, DELINQUENT, INDEPENDENT, AND MENTALLY ILL YOUTHS OUTSIDE THE MINS JURISDICTION (OR NOT AT ALL); INCREASED PARTICIPATION BY YOUTHS AND THEIR FAMILIES IN DECISIONMAKING; INCREASED SERVICES FOR MINS; AUTHORIZATION FOR COURTS TO ORDER SERVICES FROM EXTERNAL AGENCIES; AND SPECIAL TRAINING FOR JUVENILE COURT JUDGES. THE RELEVANCE OF THE REPORT TO THE DEBATE OVER JUVENILE COURT STATUS OFFENSE JURISDICTION IS POINTED OUT. SUPPORTING DATA ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--LKM)