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Children in Adult Jails: A Look at Liability Issues

NCJ Number
129109
Journal
American Jails Volume: 4 Issue: 5 Dated: (January/February 1991) Pages: 28-31
Author(s)
M J Dale
Date Published
1991
Length
4 pages
Annotation
The implementation of the 1974 Juvenile Justice and Delinquency Prevention Act (JJDPA) is examined with particular focus on liability related issues arising from incarceration of juveniles in adults jails.
Abstract
The JJDPA provides funding to States to separate juvenile delinquents and adult prisoners and to remove status offenders and abused and neglected children from adult jails. In 1980 it was amended to prohibit confinement of youngsters in adult jails in the Federally-funded States with several exceptions to total removal. Despite these provisions, there are still substantial numbers of children held annually in adult jails. This situation has led to litigations on behalf of the children involving civil rights claims for injunctive and declaratory relief and claims for money damages based on civil rights violations and State tort laws. Federal statutes relating to special education services to children and prohibition of discrimination against handicapped persons in Federally-funded programs can also serve as a basis for liability for corrections personnel working with children in adult jails.