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NCJ Number: 68413 Find in a Library
Title: JUVENILES IN INSTITUTIONS
Journal: JUSTITIELE VERKENNINGEN  Issue:4  Dated:SPECIAL ISSUE (1978)  Pages:70-81
Author(s): J E DOEK; S SLAGTER
Date Published: 1978
Page Count: 12
Format: Article
Language: Dutch
Country: Netherlands
Annotation: THE EXISTING LEGAL POSITION OF JUVENILES PLACED IN INSTITUTIONS BY THEIR PARENTS OR BY THE COURTS IN THE NETHERLANDS IS DISCUSSED AND IMPROVEMENTS IN THAT LEGAL SITUATION ARE PROPOSED.
Abstract: WHETHER INSTITUTIONALIZED BY PARENTS OR THE COURTS, JUVENILES ARE SUPERVISED ON A DAY-TO-DAY BASIS BY THE INSTITUTIONS, NOT BY THE COURT OR BY OUTSIDE PERSONS OSTENSIBLY RESPONSIBLE FOR THEIR CARE AND EDUCATION. PARENTS USUALLY PLACE THEIR CHILD IN A HOME ON THE ADVICE OF AN ASSISTANCE AGENCY WHEN THEY ARE UNABLE TO CONTROL THE YOUTH THEMSELVES. A NUMBER OF AGENCIES ARE INVOLVED IN THE PLACEMENT: A PLACEMENT AGENCY, A FINANCIAL SERVICE AGENCY, A RESPONSIBLE AGENCY WHICH SUPERVISES THE PROCESS, AND THE INSTITUTION IN CHARGE OF DAY-TO-DAY CARE. THE AGENCIES SHOULD MAINTAIN REGULAR CONTACT WITH THE INSTITUTION, THE PARENTS, AND THE CHILD TO ASSURE THAT HE OR SHE IS RETURNED HOME AS SOON AS POSSIBLE. UNFORTUNATELY, THIS IS USUALLY NOT THE CASE, AND ABOUT 50 PERCENT OF THE JUVENILES REMAIN INSTITUTIONALIZED FOR MORE THAN 2 YEARS. PLACEMENT AGENCIES FREQUENTLY DO NOT VISIT THE JUVENILES, AND THEIR TERM OF PLACEMENT IS OPEN-ENDED. JUVENILES CANNOT AFFORD LEGAL ASSISTANCE TO QUESTION THE LEGALITY OF THEIR POSITION. JUVENILES ARE PLACED IN INSTITUTIONS BY THE COURTS EITHER AS A JUVENILE PROTECTION MEASURE, AS A MEASURE OF SUPERVISION, OR AS A RESULT OF REMOVING AUTHORITY OVER THE CHILD FROM THE PARENTS. THE DANGERS ARE THAT THE JUVENILE WILL BE FORGOTTEN BY THE COURT IN THE INSTITUTION OR THAT THE GUARANTEES OF THE COURT TO PROTECT THE CHILD WILL BE NEGLECTED BECAUSE OF THE DAY-TO-DAY CONTROL OF THE INSTITUTION WHICH OUTSIDERS CANNOT CURB. THE SUPERVISION OF THE COURT-PLACED GROUP IS BETTER THAN THAT OF THE FAMILY-PLACED GROUP, AND COURT-PLACED JUVENILES CAN BE TRANSFERRED TO OTHER INSTITUTIONS TO ACHIEVE THE DESIRED EFFECT. BUT IN NEITHER CASE DO THE JUVENILES HAVE SAY IN OR EVEN INFORMATION ABOUT THEIR INSTITUTIONAL TERM. TO REMEDY THE SITUATION, GUARANTEES OF JUVENILES RIGHTS MUST BE EXTENDED TO DAILY LIFE WITHIN THE INSTITUTIONS. THE OBLIGATIONS OF PLACEMENT AGENCIES REGARDING PLACEMENT AND ITS DURATION MUST BE SPELLED OUT SPECIFICALLY BY LAW. SPECIAL CONTROLS MUST BE INSTITUTED TO ASSURE THAT CHILDREN ARE NOT REMOVED FROM THEIR HOMES UNNECESSARILY. CHILDREN WITH FAMILY CONFLICTS SHOULD HAVE THE RIGHT TO TAKE THEIR CASES TO THE JUVENILE COURTS. JUVENILES SHOULD ALSO HAVE THE RIGHT TO OBJECT TO THEIR PLACEMENT IN PARTICULAR INSTITUTIONS. FORMATION OF APPEALS COMMISSIONS WITHIN INSTITUTIONS WOULD FACILITATE JUST RESOLUTION OF CONFLICTS BETWEEN JUVENILES AND INSTITUTIONAL STAFF.
Index Term(s): Juvenile court procedures; Juveniles; Netherlands; Residential child care institutions; Rights of minors
Note: THIS ARTICLE IS A REPRINT OF CHAPTER 10 FROM MEER RECHTEN VOOR MINDERJARIGEN, 1976.
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=68413

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