Child Protection System



Child Protection System

Introduction

When youths are arrested, the police officer making the arrest must decide whether to process the child formally or informally. Some children may be released to their parents/guardians if it can be determined that the child's return to court will be ensured; however, other children may be placed in secure detention facilities, which are similar to adult jails in physical structure and regime; or alternative detention settings, such as home detention or weekend reporting, when such alternatives are available and deemed appropriate. Each jurisdiction uses legal criteria to determine which youths should be detained in secure settings. These typically include (1) if the child is a threat to public safety, (2) if the child has inadequate supervision from a parent or guardian at home, and (3) if the child is considered a flight risk from the jurisdiction. If any of these conditions are assessed to be present, the child may be placed in secure detention.

However, secure detention is currently experiencing several problems, including overcrowding, physical plant deterioration, and a lack of programming (i.e., substance abuse reduction or educational) that detained youths may need. Furthermore, the majority of youths in secure detention are of minority status and in need of physical and mental health services. Given the concern over issues related to secure detention, many commentators have called for the increased implementation and use of alternatives to detention. The Juvenile Detention Alternatives Initiative (JDAI), sponsored by the Annie E. Casey Foundation, looked to reform detention for youths in three major metropolitan areas: Portland, Sacramento, and New York City. These first JDAI sites were considered a success, and the Casey Foundation developed basic recommendations for sites to follow when developing and implementing alternatives. Central to the development of adequate alternatives is the collaboration and buy-in of community members and juvenile justice stakeholders with able leadership, as well as detailed assessment throughout the program's development and implementation. While the detention of youths is a way to protect accused youths of harming themselves further and doing harm in the community, steps must be taken to ensure that youths have access to the best possible alternatives when and where appropriate.

Overview of Juvenile Detention: A Place and a Process

Often, the decision whether to process an accused youth either formally or informally is made with some input from juvenile court personnel, and various legal and extralegal factors will impact this decision as well. Although a large majority of juvenile cases are treated informally, the small percentage of cases treated in a formal manner will result in a petition to juvenile court, and hence an adjudication hearing in juvenile court. Because of the often lengthy delay between arrest to the date of adjudication hearings, a critical decision must be made, as juvenile justice system officials involved in the handling of formal cases must decide to either release the youth under arrest to the custody of a parent or capable guardian, or detain the youth, resulting in the placement of the child in the ...