Rights of Minors in Non-delinquent Settings (From Juvenile Justice Standards Symposium, P 797-879, 1979 - See NCJ-76912)

• NCJ Number: 76926
• Author(s): G Kaimowitz
• Date Published: 1979
• Length: 83 pages
• Publication Format: Document
• Publication Type: Conference Material
• Language: English
• Country: United States of America
• Note: This document is available on microfiche under NCJ number 76912.

Annotation

A symposium presentation and subsequent discussion examine issues related to the rights of minors in nondelinquent settings, with emphasis on court decisions and proposed standards in the area.

Abstract

A group of adults discussing children's rights is similar to a group of men defining the rights of women. Thus, the roles of concerned adults should be limited to the development of systems and services for the benefit and protection of young people. Any attempt by the Institute for Judicial Administration/American Bar Association (IJA/ABA) standards to create or establish such rights has been naive at best and harmful at worst limiting the constitutional and statutory protections afforded to all persons. Examination of a series of recent Supreme Court cases affecting juveniles shows that the Court has balanced interests rather than rights and has seldom considered the views of the adversely affected juveniles. Adults' positions have been formed in terms of the roles adults play and not in terms of the rights of minors which would be modified in view of conflicting rights. The IJA/ABA volume on the rights of minors deals with the peripheral roles adults can have in exercising their authority over minors and can have ridiculous results. For example, a juvenile could receive treatment for venereal disease or drug abuse without parental consent and/or knowledge but not for possibly related urinary infections or serum hepatitis. To resolve this problem, it is recommended that any young people willing and able to do so be permitted to choose to live where they wish no matter how much the setting might offend or disgust adults. If a child is being physically or sexually abused, the laws against assault and rape should be applied and not those on neglect and abuse. Defining minors as persons at law for all purposes is the core of the problem of minors' rights. However, acknowledging them as persons would not require them to be treated the same as adults in all cases. Minors' consent should be obtained for aid or placement, and minors should have advocates, including independent counsel. Discussion focused on the discretion granted to juvenile court judges under the proposed approach to rights and the effect on the family. Footnotes are furnished.