NCJ Number
45089
Journal
Journal of Juvenile Law Volume: 1 Issue: 1 Dated: (JUNE 1977) Pages: 101-109
Date Published
1977
Length
9 pages
Annotation
THE NEED FOR EFFECTIVE ACCOUNTABILITY IN THE JUVENILE JUSTICE SYSTEM IS EXAMINED, AND THE USE OF DAMAGE SUITS AS ALTERNATIVES OR ADDITIONS TO RIGHT-TO-TREATMENT SUITS IS PROPOSED.
Abstract
A MAJOR CONFLICT EXISTS BETWEEN THE LEGAL PROFESSION AND SOCIAL WORKERS, PARTICULARLY IN THE AREA OF JUVENILE JUSTICE. STUDIES HAVE FOUND THAT LARGE NUMBERS OF CASEWORKERS ARE POORLY TRAINED, YOUNG, AND INEXPERIENCED. INCREASING NUMBERS OF TREATMENT SUITS HAVE BEEN FILED ON BEHALF OF CHILDREN ABUSED WITHIN THE JUVENILE JUSTICE SYSTEM. HOWEVER, IT IS ASSERTED THAT THESE SUITS DO LITTLE FOR TRUE REFORM, AS THEY ARE DIRECTED AT THE 'SYSTEM' AND NORMALLY CANNOT PENETRATE THE TRADITIONAL INSTITUTIONAL VEIL THAT INSULATES OFFICIALS FROM PERSONAL ACCOUNTABILITY. 'MALPRACTICE' ACTIONS SEEKING COMPENSATORY AND PUNITIVE DAMAGES FROM CHILD CARE PROFESSIONALS WHO BREACH THEIR PERSONAL RESPONSIBILITIES ARE RECOMMENDED AS CATALYSTS TO SYSTEMIC CHANGE. DAMAGE SUITS AGAINST CHILD CARE PROFESSIONALS EMPLOYED BY GOVERNMENTAL ENTITIES HAVE LITTLE CHANGE OF SUCCESS IF THE DEFENSE OF OFFICIAL IMMUNITY CAN BE ASSERTED TO PRECLUDE LIABILITY. HOWEVER, SEVERAL CASES AND COURT DECISIONS ARE CITED WHICH ILLUSTRATE THAT THIS TRADITIONAL DEFENSE HAS APPARENTLY ERODED SUFFICIENTLY TO ALLOW A BROADER SCALE OF ACOUNTABILITY MALPRACTICE SUITS. MANY SUITS HAVE BEEN FILED IN FEDERAL COURTS PURSUANT TO THE CIVIL RIGHTS ACT, HOWEVER, IT IS SUGGESTED THAT A CIVIL TORT ACTION FOR NEGLIGENCE FILED IN A STATE COURT IS A MORE MANAGEABLE APPROACH THAN A COMPLEX CIVIL RIGHTS SUIT WITH ITS ATTENDANT INCONVENIENCES. COMMUNITY OFFICIALS ARE MORE LIKELY TO BE RESPONSIVE TO A LOCAL SUIT AND MAKE NECESSARY REFORMS WHEN LOCAL TAXPAYERS ARE FACED REGULARLY WITH INDEMNIFYING INCOMPETENT CHILD CARE OFFICIALS.