Family Unit Yet Still Discussion Response700 Word

The juvenile court system as it is known today is based on the system established in Cook County, Illinois, in 1899 (Cox et al., 2018). Since that time, all states have enacted statutes that created special courts specifically to address the unique needs of juveniles. These juvenile court acts set forth substantive law that defines the jurisdiction and scope of the court in the state and procedural law that outlines the steps involved when a juvenile is brought into the system formally. The juvenile court acts of each state are based on the Uniform Juvenile Court Act, which according to Cox et al. was created as a guide for states to adopt uniform procedures for dealing with juveniles. Juveniles may encounter juvenile court through several different avenues: abuse, neglect, dependency, or delinquency. Juvenile court balances the needs of the juvenile against the needs of society, and as such, some acts that qualify for intervention in juvenile court would not be addressed if the offender were an adult. The following paragraphs will address the provisions of the Uniform Juvenile Court Act and examine a behavior that may bring a juvenile into the court system, followed by a Christian worldview and conclusion.

According to Cox et al. (2018), the Uniform Juvenile Court Act was created to set forth standards for the establishment of juvenile courts in each state which would be uniform in their purpose, scope, and procedures. As each state is different and administers its laws differently, the Act allowed for states to customize provisions to meet their unique needs and make revisions as necessary. The fundamental principle of the Uniform Juvenile Court Act, according to Cox et al. was rehabilitation instead of punishment. Due to this rehabilitative philosophy, a unique set of terminology was created for use in the juvenile courts to avoid the stigmatization that would come from a juvenile being labeled a criminal and pronounced guilty of a crime. Procedures were established to ensure fairness, rules of evidence, and the preservation of constitutional rights based on the Supreme Court’s decision in the Gault case in 1967 (Cox et al., 2018). It was made clear that the courts were to protect the rights of the juveniles in their care while overseeing their welfare in a way that made every attempt to preserve the family unit yet still took note of the interests of society.

The Uniform Juvenile Court Act made a distinction between delinquent acts and status offenses committed by juveniles (Cox et al., 2018). Delinquent acts were defined as actions that would be crimes if committed by adults, while status offenses were defined as actions that were age-specific and therefore not crimes if done by adults. In the definition of status offenses, the Act created the category of Unruly Children, defined as status offenders who were habitually truant or habitually disobedient and in need of correction. An example of a child who would be considered unruly would be a 15-year-old who repeatedly refused to honor his parents’ curfew of 10:00 pm. This habitual disobedience would result in him being labeled in most jurisdictions as a person in need of supervision or a status offender and prescribed some specific treatment to correct his behavior. Because this is not a delinquent act, there would be flexibility given to the court to find the best course of action for the child and his parents to learn how to communicate with one another and create a healthy family dynamic. Also, if there is some type of neglect or other issue causing the boy’s negative behavior, this would be identified and addressed during the court process.

Creating a court process to address non-delinquent juveniles who are disobedient or rebellious towards their parents sends a message that is Scriptural in nature. God clearly instructed in the Ten Commandments, set forth in the Holy Bible, New International Version (1978/2001), that people are to “honor your father and your mother, so that you may live long in the land the Lord your God is giving you.” (Exodus 2:12). Children that do not obey are likely to become delinquent, so it is essential that unruly and defiant behavior is addressed before it gets out of hand. Sometimes, parents do not know how to be parents for various reasons, and the juvenile court system can help parents to learn how to handle disruptive behavior and correct it. As the writer of Proverbs stated, “whoever spares the rod hates their children, but the one who loves their children is careful to discipline them.” (Holy Bible, New International Version, 1978/2001, Proverbs 13:24). Discipline is a crucial element of a child’s growth and well-being, and if a parent or guardian does not know the proper way to train and instruct a child, under the concept of parens patriae, it is the responsibility of the state to step in and provide guidance.

It is essential that our legal system protects children. Protection and discipline of children teaches them how to be productive adults. It is also essential that the juvenile court system differentiates between acts that are criminal in nature and need to be punished and those that can be attributed to childish behaviors that can be corrected. The Uniform Juvenile Court Act provides guidelines for states to distinguish between these behaviors and to identify children who have been abused and neglected in order to personalize dispositions to best meet the needs of the child and society. A 15-year-old child who habitually refuses to obey his parents would not be a delinquent who needs to be labeled as an offender and formally punished by the system, but he does need to have his behavior corrected to prevent future delinquency. The Uniform Juvenile Court Act defines these actions as within the scope of purpose for the juvenile justice system and therefore allows states to step in and intervene to identify the root cause of the misbehavior and correct it while maintaining the unity of the family in a way that is Scripturally consistent.

References

Cox, S. M., Allen, J. M., Hanser, R. D., & Conrad, J. J. (2018). Juvenile justice: A guide to theory, policy, and practice (9th ed.). Sage Publications.

New International Version Bible. (2011). BibleHub. https://biblehub.com/niv/ (Original work published 1978).