NCJ Number
43049
Date Published
1977
Length
13 pages
Annotation
COURT CONTROL FOR JUVENILES IS JUSTIFIED ON THE THEORY THAT CHILDREN ARE UNEQUAL TO ADULTS, INCAPABLE OF PROVIDING FOR THEMSELVES, AND NEED SUPERVISION. HANDLING OF STATUS OFFENDER IS DISCUSSED.
Abstract
AFTER A JUSTIFICATION OF THE USE OF COURT INTERVENTION TO INSURE THAT CHILDREN ARE EDUCATED, THAT THEY DO NOT BECOME ALCOHOLICS BEFORE THEY ARE OLD ENOUGH TO SHAVE, AND THAT THEY LEARN TO RESPECT THE LAWS OF SOCIETY, IMPLEMENTATION OF PERSONS IN NEED OF SUPERVISION (PINS) JURISDICTION IS CONSIDERED. DEFINITIONS OF VARIOUS STATUS OFFENSES SHOULD BE AMPLIFIED SO BOTH PARENTS AND CHILD KNOW WHAT IS EXPECTED. SUCH TERMS AS 'WAYWARD,' 'UNRULY,' AND 'INCORRIGIBLE' SHOULD BE REDEFINED. SUGGESTED WORDINGS HAVE BEEN DEVELOPED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS. IN DEALING WITH STATUS OFFENDERS, THE NEEDS OF THE CHILD, RATHER THAN THE PARENTS, SHOULD BE THE CENTRAL FOCUS, AND THE PROBLEM SHOULD BE SEEN AS THE FAMILY'S, NOT EXCLUSIVELY THE CHILD'S. THE CHILD SHOULD BE GIVEN THE MAXIMUM LIBERTY FEASIBLE UNDER THE CIRCUMSTANCES, AND WHEN INCARCERATION IS REQUIRED, IT SHOUL BE BASED ON THE CHILD'S NEEDS RATHER THAN ON HIS ACTS. STIGMA SHOULD BE AVOIDED AS MUCH AS POSSIBLE. SURVEYS OF JUVENILE COURT JUDGES, PARENTS, AND THOSE KNOWLEDGEABLE ABOUT THE SYSTEM FEEL THAT IF STATUS OFFENDERS WERE REMOVED FROM THE COURT SYSTEM, THERE WOULD BE NO AGENCY TO HANDLE YOUNG PEOPLE NEEDING SUPERVISION BECAUSE OF PROBLEMS WITHIN THE HOME. MERGER OF ALL JUVENILE PROCEEDINGS, WHETHER FOR ADOPTION, MISCONDUCT, OR MARRIAGE, WOULD ELIMINATE THE NEED FOR NAME CALLING AND MIGHT ENABLE COURTS TO BETTER MEET THE NEEDS OF EACH CHILD.