Children and the Law in a Nutshell
Authors:
Abrams, Douglas E. / Coupet, Sacha M. / Mangold, Susan V. / Nanda, Jyoti / Todres, Jonathan
Edition:
8th
Copyright Date:
2025
13 chapters
have results for juvenile
Chapter 10 Delinquency 275 results (showing 5 best matches)
- From the least severe to the most severe, the range of delinquency sanctions normally includes reprimanding or warning the juvenile; placing the juvenile on probation; ordering the juvenile or parent, or both, to attend counseling or mental health treatment; ordering the juvenile to pay a fine, make restitution, or perform community service; placing the juvenile in a group home, foster home, or similar residential facility; committing the juvenile to a secure institution (that is, an institution the juvenile may not leave without permission); or committing the juvenile to an outside agency or a mental health program.
- By 2014, a nationwide poll commissioned by the Pew Charitable Trusts yielded results at odds with the get-tough approach. For example, 75% of voters gave high priority to “[g]etting [juvenile] offenders the treatment, counseling, and supervision they need to make it less likely that they will commit another crime, even if it means they spend no time in a juvenile corrections facility”; 65% of voters said that juvenile offenders should be treated differently from adult offenders; 84% of voters said that rehabilitation should be the juvenile justice system’s main or second purpose; 90% of voters agreed that “[w]e should save our expensive juvenile corrections facilities for more serious juvenile offenders and create alternatives for less serious juvenile offenders that cost less”; and 69% of voters said that juvenile corrections facilities should be used only for felony-level offenders. Pew Charitable Trusts,
- Informal procedure quickly produced a distinct vocabulary of euphemisms. The juvenile offender was an alleged “delinquent” who had committed an “act of delinquency,” not an accused criminal who had committed a crime. The juvenile was “taken into custody,” not arrested. Juvenile court proceedings began with a “petition of delinquency,” not a complaint, indictment, or charge, and with a “summons,” not a warrant. The juvenile proceeded to an “initial hearing,” not to arraignment. The juvenile might be “held in detention,” but was not jailed.
- The court’s decision whether to order transfer to criminal court can hold high stakes for the juvenile. The juvenile justice system may impose confinement or other sanction for a few years, usually until the juvenile reaches majority or shortly thereafter. Transfer exposes the juvenile to the full range of criminal court sanctions, which may be lengthier and more severe.
- The 1974 Act mandate does not apply when a juvenile is tried and sentenced as an adult in criminal court. In some states, juveniles sentenced as adults are placed in separate facilities for younger adult convicts. To protect these juveniles from predatory adult inmates, some adult facilities hold the juveniles in solitary confinement, which (as section F.1.d below discusses) can seriously harm their mental health. In some states, juveniles begin their adult sentences in juvenile facilities and are moved to adult facilities for the remainder of the sentence when they reach a particular age.
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Chapter 1 The Status, Rights, and Obligations of Children 24 results (showing 5 best matches)
- Each state maintains a specialized trial court that is devoted to various proceedings concerning children, called the juvenile court in most states. In some states, the juvenile court is a distinct trial court; in some states, the general jurisdiction trial court has juvenile jurisdiction; in other states, the juvenile court is a separate division of the general jurisdiction trial court, such as “the juvenile division of the superior court.”
- Some juvenile drug courts are stand-alone tribunals. Others operate within existing trial courts, especially busy juvenile courts that otherwise might be unable to provide the individualized treatment often needed by juvenile drug abusers and their families. The drug court and its professional staff act as a team, using the court’s coercive power to monitor closely the juvenile’s compliance with counseling, school attendance, employment, mandatory drug testing, community service, aftercare, and other conditions established by the judge.
- Juvenile drug courts seeking to modify conduct often face challenges not faced by adult drug courts. For one thing, juvenile drug courts may confront errant conduct caused not only by drugs, but also by adolescence or unwholesome parental influence. Juvenile drug courts may also encounter the attitudes of many youths that they are invincible and will not suffer death or lasting physical or emotional damage from drug abuse.
- In some states, the juvenile court may also hear and decide various other matters concerning children, such as juvenile traffic offenses, guardianship proceedings, emancipation proceedings, commitment proceedings for mentally ill or seriously disabled children, proceedings for consent to a minor’s abortion or to an underage marriage, or paternity and child support proceedings. State appellate codes define the circumstances in which the child, the parents, or the state may appeal juvenile court decisions.
- Like other problem-solving courts, juvenile drug courts focus on treatment rather than incarceration. Some juvenile drug courts use a “deferred prosecution” approach, which has an offender agree before trial to enter a treatment and counseling program that the court mandates and monitors. The court dismisses the charges if the offender completes the program, but failure to complete returns the offender to court for processing.
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Chapter 9 Regulation of Children’s Conduct 43 results (showing 5 best matches)
- Courts ordinarily uphold the authority of juvenile courts and criminal courts to impose particularized curfews on juveniles who are adjudicated as delinquents or sentenced as adults. Also ordinarily upheld are particularized curfews imposed on juveniles as part of informal, negotiated dispositions or plea bargains. Curfews imposed on particular juveniles for committing an offense do not implicate the constitutional questions raised by blanket curfews that operate against juveniles generally.
- The District ordinance provided that a parent or guardian committed an offense by knowingly permitting, or through insufficient control allowing, the juvenile to violate the curfew. Owners, operators, or employees of public establishments violated the curfew by knowingly allowing the juvenile to remain on the premises, unless the juvenile had refused to leave and the owner or operator had notified the police.
- If, after questioning an apparent offender to determine his age and reason for being in a public place, a police officer reasonably believed that a curfew violation had occurred without a defense, police would detain the juvenile and release him into the custody of a parent, guardian, or an adult acting . If no one claimed responsibility for the juvenile, the juvenile could be taken either to his residence or placed in Family Services Administration custody until 6:00 a.m. the following morning. Juveniles violating the curfew could be ordered to perform up to 25 hours of community service for each violation, and parents who allowed a juvenile to violate the curfew could be fined up to $500 or required to perform community service and
- A status offense is conduct that is sanctionable in the juvenile court only where the person committing it is a juvenile. (Delinquency, on the other hand, alleges that the juvenile has committed an act that would be a crime if committed by an adult.) This section addresses the three primary status offenses—ungovernability, truancy from school, and running away from home.
- Juvenile protective legislation began in earnest with enactment of child labor laws during the late nineteenth century before spreading to other areas of our national life. Juvenile protective legislation generally operates until the general age of majority, though some statutes end protection earlier or extend it longer.
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Chapter 5 Criminal Abuse and Neglect 19 results (showing 5 best matches)
- In SORNA’s absence, state Megan’s Laws vary considerably in their application to juvenile perpetrators. Most states permit or require registration by adjudicated juveniles, and a few states specifically exclude juvenile perpetrators. In the states that permit or require juvenile registration, most limit registration to juvenile perpetrators who were above a minimum age at the time of the offense, ranging from seven in Massachusetts to fifteen in South Dakota. Most of these states also impose the possibility of lifetime registration, though some states set a maximum age or time limit after which a court may lift the requirement.
- Because these statutes typically operate against “any person,” or against “whoever” commits the acts, the statutes may reach juvenile defendants who contribute to the delinquency of other juveniles.
- “Arrest records in the United States indicate that juvenile sexual offenders, aged 10 to 17 years, consistently account for nearly 20% of sexual offense arrests, with male offenders constituting approximately 93% of juveniles who commit sexual offenses.” Alexandra P. Pappas,
- The supplemental guidelines would grant states greater flexibility in substantially implementing the juvenile provisions. Even if a particular state does not register juveniles defined in SORNA or its federal administrative guidelines (for example, if the state exercises discretion about which juveniles must register), the Justice Department would examine a totality of factors to determine whether the state nonetheless is in substantial compliance with the Act, and thus eligible for federal funding.
- , however, the court struck down provisions of the state’s law that required lifetime registration by all persons who committed their sex crimes as juveniles. The court held that the non-appealable lifetime requirement violated the state constitution’s due process guarantee by creating an irrebuttable presumption that all juvenile sex offenders pose a permanent high risk of committing future sex crimes. The court cited studies showing that only about one percent of juvenile offenders commit new sex crimes, and held that reasonable alternative means (individualized risk assessments available to adult sex offenders) exist for determining which juvenile offenders pose a high risk of recidivism.
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Chapter 3 Child Abuse and Neglect 8 results (showing 5 best matches)
- In response to her case and growing public concern about child abuse, the New York Society for the Prevention of Cruelty to Animals and Children was established and New York and other states enacted child protection statutes. The Society and similar groups in other states actively investigated abuse and neglect and placed children in institutions and foster care. When the juvenile court system began in 1899, child protection cases became a major part of the caseload.
- , the juvenile court placed the child under its continuing oversight by asserting jurisdiction over the mother on a finding that she had committed serious recurring acts of physical abuse against her infant son. Shortly afterwards, the mother regained custody after signing a court-approved protective supervision order, which she later violated in nearly every respect. After reports of further serious abuse, the juvenile court ordered the mother to produce the child or reveal his whereabouts.
- Since 1974, CAPTA has required states to maintain a statewide central registry. While court adjudications may be the focus of legal inquiries into the child protection system, a small percentage of abuse and neglect reports actually reach the juvenile court because they are screened out or resolved short of adjudication. Even when no significant social work or judicial intervention occurs, however, reports may remain in a confidential central state registry to identify abusers and patterns of abuse.
- The juvenile system also found the Humphries innocent, returned their children, and dismissed all counts as “not true.”
- If more intensive intervention and oversight are needed, however, or if the parents refuse to accept services voluntarily, the case may be referred to the juvenile or family court for an order mandating services or removing the child from the home. When the abuse or neglect is severe, the criminal justice system may prosecute the perpetrators. Criminal child abuse and neglect are discussed in Chapter 5. The civil case alone might end up involving not only social workers, physicians, psychologists, lawyers, and judges, but also service providers in such fields as daycare, education, health care, housing assistance, benefit programs, drug and alcohol counseling, foster care, and probation.
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Table of Cases 3 results
Index 14 results (showing 5 best matches)
Title Page 1 result
Outline 23 results (showing 5 best matches)
Chapter 6 Adoption 1 result
- In most states, the juvenile court or family court holds exclusive original jurisdiction to decide petitions to adopt children, though some states vest adoption jurisdiction in the probate court or surrogate’s court. A child is adopted only when the court enters a final decree approving the adoption. This Section B explores the general adoption process.
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Preface 1 result
- Like our casebook, this text addresses students who seek to learn about children and the law, and perhaps to explore prospects for careers in child advocacy. The text also addresses lawyers who may or may not have taken a juvenile law course, but who serve children as retained or appointed counsel, or as participants in law revision efforts. And the text addresses government lawyers, social services professionals, mental health professionals, physicians, parents and guardians, and others whose contributions to child well-being depend on familiarity with legal doctrine and policy considerations.
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Chapter 7 Medical Decision-Making 1 result
Foster Care 2 results
- A Very Special Place in Life: The History of Juvenile Justice in Missouri
- Undocumented foster children may be eligible for Special Immigrant Juvenile Status (SIJS), which allows them to become lawful permanent residents (LPR) and to live and work in the United States (green card holders). SIJS is envisioned as a pathway to LPR status and is intended to give youth protection and help launch them into independence. The process of applying for SIJS is quite complicated, since the young person must first petition a state court to make specific findings about whether they have been abused, abandoned, or neglected. Only after obtaining an order from the state court, can the child submit their SIJS application with U.S. Citizenship and Immigration Services (USCIS). In 2018, however, the Trump Administration reduced approvals by 60% and at the time of this publication,
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- Publication Date: March 26th, 2025
- ISBN: 9781636595207
- Subject: Children and the Law
- Series: Nutshells
- Type: Overviews
- Description: This updated Nutshell follows the structure and format of the authors' popular casebook—Children and the Law: Doctrine, Policy, and Practice. The authors have devoted entire chapters to the meaning of "parent," civil and criminal abuse and neglect, the foster care system, adoption, medical decision-making, support and other financial responsibilities, the regulation of children’s conduct, and delinquency. Representation of children is covered throughout the book. Also treated for comparative purposes are several relevant international law issues and frameworks, including the children’s rights, international child labor, and tobacco regulation. The impact of the COVID-19 pandemic on child protection, foster care and juvenile justice systems is integrated into this edition.