skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 76916 Find in a Library
Title: Jurisdiction Over Abuse and Neglect (From Juvenile Justice Standards Symposium, P 182-253, 1979 - See NCJ-76912)
Author(s): E A Moore
Date Published: 1979
Page Count: 72
Format: Document
Language: English
Country: United States of America
Annotation: A symposium presentation and subsequent discussion focus on the issue of court jurisdiction over child abuse and neglect cases, with emphasis on three proposed sets of standards on the subject.
Abstract: The proposed standards include those of the Joint Commission of the Institute for Judicial Administration and the American Bar Association (IJA/ABA), the National Advisory Committee for Juvenile Justice and Delinquency Prevention (NAC), and the Task Force on Juvenile Justice and Delinquency Prevention. With few exceptions, the three sets of standards offer parallel recommendations and are based on the positions that juvenile and family court intervention in the lives of families should only be as a last resort and only in exceptional circumstances. However, a problem arises in determining what are exceptional circumstances. For example, the IJA/ABA standards fail to include, as a basis for jurisdiction, some definition of abandonment such as those included in the other sets of standards. The definitions of physical and emotional harm required before a court may exercise its jurisdiction over neglect and abuse also involve potential problems with respect to the effect on the child. The standards all greatly restrict the grounds upon which a juvenile and family court can intervene on the basis of neglect, and the IJA/ABA standards are especially revolutionary in this regard. The NAC standards take the broadest approach of the three. Unless all the standards can be broadened to protect children from both physical and emotional harm, the standards will shift too far the balance between protecting children and protecting parental rights. Nevertheless, the standards make a positive contribution by giving the court statutory power to provide needed services. An alternative which would be preferable to these standards would be the standards of the National Council of Juvenile and Family Court Judges Accreditation Committee. A formal rebuttal paper urging the adoption of the IJA/ABA standards and discussion focusing on definition of neglect and court authority to order services are included.
Index Term(s): Child abuse; Child abuse situation remedies; Jurisdiction; Juvenile dependency and neglect; Juvenile justice standards; Planning-programming-budgeting system; Rights of minors
Note: This document is available on microfiche under NCJ 76912.
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=76916

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.