January 2014

Purpose Clauses Overview

This document provides a list of each state’s purpose clause regarding its juvenile justice system. At times, it may be effective to remind the court of its overarching principles, particularly at disposition, where the court and/or judge may be keen to act in a manner antithetical to the court’s purpose. Indeed, many courts do examine their relevant purpose clause in interpreting statutes. See, e.g., People v. C.Y., 275 P.3d 762 (Colo. Ct. App. 2012).

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) hosts a similar list on its website.1 OJJDP categorizes each state’s purpose clause as belonging to one (or several) of the following categories: Balanced and Restorative Justice, Standard Juvenile Court Act, Legislative Guide, Emphasis on Punishment, Deterrence, Accountability, and/or Public Safety, and Child Welfare. We have chosen to include much of the text of the purpose clauses, highlighting and/or explaining portions. text that is bold and underlined we have found to be interesting and/or unique to the state.

In terms of broad categories, Balanced and Restorative Justice (BARJ) means that a court ought to value three primary interests: public safety, the juvenile’s accountability, and the juvenile’s own development of competencies to become productive community members. Learn more about the BARJ approach.2 The Standard Juvenile Court Act, first introduced in 1925, dictates that children coming into the court’s purview shall be given care conducive to his or her best interests and those of the state, as the child’s own parents would. The Legislative Guide for Drafting Family and Juvenile Court Acts was issued in the late 1960s. The Legislative Guide’s four purposes were to provide for the care and development of children in juvenile court; to provide rehabilitation for delinquents, rather than to allow them to be faced with criminal consequences of their behavior; to remove children from the home only when necessary for their own welfare or where public safety required it; and to provide all applicable parties their rights under the constitution. The remaining purpose clauses highlight the goals of punishment (“Emphasis on Punishment, Deterrence, Accountability, and/or Public Safety) and child welfare.

OJJDP has found that 21 states have a BARJ purpose, 20 have a Standard Juvenile Court Act, 11 the Legislative Guide, 6 emphasize punishment, and 5 are child-welfare oriented. (These numbers add to more than 50 because some states borrow from more than one purpose.)3

ALABAMA – ALA. CODE § 12-15-1011 Office of Juvenile Justice & Delinquency Prevention, Statistical Briefing Book: Organization & Administration of Delinquency Services, http://www.ojjdp.gov/ojstatbb/structure_process/qa04205.asp?qaDate=2012 (last visited 1/6/2014).2 Office of Juvenile Justice & Delinquency Prevention, Guide for Implementing the Balanced and Restorative Justice Model, http://www.ojjdp.gov/pubs/implementing/balanced.html (last visited 1/6/2014).3 Office of Juvenile Justice & Delinquency Prevention, Statistical Briefing Book: Organization & Administration of Delinquency Services, http://www.ojjdp.gov/ojstatbb/structure_process/qa04205.asp?qaDate=2012 (last visited 1/6/2014).

The Juvenile Justice Act facilitates “the care, protection, and discipline of children” in its jurisdiction, “while acknowledging the responsibility of the juvenile court to preserve the public peace and security.”

The Act also sets out several goals, including:1) Preserving/strengthening child’s family; improving the home environment.2) Removing child from parental custody only when judicially determined to be best

interests or for safety/protection of the public3) Reunite child as safely and quickly as possible unless not in child’s best interest4) Secure necessary treatment, care, guidance, and discipline to assist child in becoming

responsible, productive member of society5) Promote continuum of services for child and family6) Promote use of community-based alternatives as deterrents to acts of juvenile

delinquency and as least restrictive dispositional alternatives7) “To hold a child found to be delinquent accountable for his or her actions to the extent of

the age, education, mental and physical condition, and background of the child, and all other relevant factors and to provide a program of supervision, care, and rehabilitation, including restitution by the child to the victim of his or her delinquent acts.”

8) “To achieve the foregoing goals in the least restrictive setting necessary, with a preference at all times for the preservation of the family and the integration of parental accountability and participation in treatment and counseling programs.”

The Act is liberally construed to ensure promotion of welfare of the child and best interests of the state.

Emphasis on family preservation, best interest, least restrictive. In essence, this statute is largely BARJ, but also has a slight child-welfare piece

ALASKA – ALASKA STAT. §47.12.010

Goal of the chapter on Delinquent Minors “is to promote a balanced juvenile justice system in the state to protect the community, impose accountability for violations of law, and equip juvenile offenders with the skills needed to live responsibly and productively.”

Purposes:(1) respond to a juvenile offender’s needs in a manner that is consistent with

(A) prevention of repeated criminal behavior;(B) restoration of the community and victim;(C) protection of the public; and(D) development of the juvenile into a productive citizen;

(2) protect citizens from juvenile crime;(3) hold each juvenile offender directly accountable for the offender's conduct;(4) provide swift and consistent consequences for crimes committed by juveniles;(5) make the juvenile justice system more open, accessible, and accountable to the public;(6) require parental or guardian participation in the juvenile justice process;

(7) create an expectation that parents will be held responsible for the conduct and needs of their children;(8) ensure that victims, witnesses, parents, foster parents, guardians, juvenile offenders, and all other interested parties are treated with dignity, respect, courtesy, and sensitivity throughout all legal proceedings;(9) provide due process through which juvenile offenders, victims, parents, and guardians are assured fair legal proceedings during which constitutional and other legal rights are recognized and enforced;(10) divert juveniles from the formal juvenile justice process through early intervention as warranted when consistent with the protection of the public;(11) provide an early, individualized assessment and action plan for each juvenile offender in order to prevent further criminal behavior through the development of appropriate skills in the juvenile offender so that the juvenile is more capable of living productively and responsibly in the community;(12) ensure that victims and witnesses of crimes committed by juveniles are afforded the same rights as victims and witnesses of crimes committed by adults;(13) encourage and provide opportunities for local communities and groups to play an active role in the juvenile justice process in ways that are culturally relevant; and(14) review and evaluate regularly and independently the effectiveness of programs and services under this chapter.

Sounds very BARJ, with an additional parental accountability piece, emphasis on role played by community and victim in proceedings

AMERICAN SAMOA – AM. SAMOA CODE ANN. § 45.0102

Purpose emphasizes removing child from custody of parents only when welfare and safety or the protection of the public would otherwise be endangered; preserving and strengthening aiga ties whenever possible; assist child in becoming a responsible and productive member of society.

Largely Standard Juvenile Court Act language

ARIZONA

No purpose clause found

ARKANSAS – ARK. CODE ANN. §9-27-302

The Arkansas liberal code is liberally construed to ensure that “all juveniles brought to the attention of the courts receive the guidance, care, and control, preferably in each juvenile’s own home when the juvenile’s health and safety are not at risk, that will best serve the emotional, mental, and physical welfare of the juvenile and the best interest of the state.”

It also seeks to “protect society more effectively by substituting for retributive punishment, whenever possible, methods of offender rehabilitation and rehabilitative restitution, recognizing that the application of sanctions that are consistent with the seriousness of the offense is appropriate in all cases.”

It also provides that parties must be assured a fair hearing and that their constitutional rights are protected and enforced.

This is a pretty bare-bones purposes statute—very best interests-oriented, looks to protect society, and offer rehabilitation. Nothing about victims.

OJJDP categorizes Arkansas as borrowing from both the Standard Juvenile Court Act and Legislative Guide

CALIFORNIA – CAL. WELF. & INST. CODE § 202

The purpose of the Chapter on Juvenile Court Law “is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If removal of a minor is determined by the juvenile court to be necessary, reunification of the minor with his or her family shall be a primary objective. If the minor is removed from his or her own family, it is the purpose of this chapter to secure for the minor custody, care, and discipline as nearly as possible equivalent to that which should have been given by his or her parents. This chapter shall be liberally construed to carry out these purposes.”

“Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances. This guidance may include punishment that is consistent with the rehabilitative objectives of this chapter. If a minor has been removed from the custody of his or her parents, family preservation and family reunification are appropriate goals for the juvenile court to consider when determining the disposition of a minor under the jurisdiction of the juvenile court as a consequence of delinquent conduct when those goals are consistent with his or her best interests and the best interests of the public. When the minor is no longer a ward of the juvenile court, the guidance he or she received should enable him or her to be a law-abiding and productive member of his or her family and the community.”

“Juvenile courts and other public agencies charged with enforcing, interpreting, and administering the juvenile court law shall consider the safety and protection of the public, the importance of redressing injuries to victims, and the best interests of the minor in all deliberations pursuant to this chapter. Participants in the juvenile justice system shall hold themselves accountable for its results.”

Possible sanctions include directing offender to make victim whole through a variety of means to “hold the offender accountable or restore the victim or community.”

Seems BARJ, but there is little discussion of the development of competencies. OJJDP deems it to be both BARJ and Standard Juvenile Court Act; emphasis on family reunification not found in other statutes

COLORADO – COLO REV. STAT. §192-2-102

The general intent of the overall Children’s Code includes the desire “(a) To secure for each child subject to these provisions such care and guidance, preferably in his own home, as will best serve his welfare and the interests of society;(b) To preserve and strengthen family ties whenever possible, including improvement of home environment; [same sentence as in Alabama](c) To remove a child from the custody of his parents only when his welfare and safety or the protection of the public would otherwise be endangered and, in either instance, for the courts to proceed with all possible speed to a legal determination that will serve the best interests of the child; and(d) To secure for any child removed from the custody of his parents the necessary care, guidance, and discipline to assist him in becoming a responsible and productive member of society.”

ALL provisions of the Children’s Code “shall be liberally construed to serve the welfare of children and the best interests of society.”

Juvenile Justice System’s intent “is to protect, restore, and improve the public safety by creating a system of juvenile justice that will appropriately sanction juveniles who violate the law and, in certain cases, will also provide the opportunity to bring together affected victims, the community, and juvenile offenders for restorative purposes.”Also, “while holding paramount the public safety, the juvenile justice system shall take into consideration the best interests of the juvenile, the victim, and the community in providing appropriate treatment to reduce the rate of recidivism in the juvenile justice system and to assist the juvenile in becoming a productive member of society.

Big emphasis on bringing together communities, victims, and offender for restorative purposes.

Best interests, becoming productive member of society, and restorative principles are all big values.

Overall, this is BARJ, with a large restorative focus not found in other statutes

CONNECTICUT – CONN. GEN. STAT. §46b-121h

The JJ system should “provide individualized supervision, care, accountability and treatment in a manner consistent with public safety to those juveniles who violate the law. The juvenile justice system shall also promote prevention efforts through the support of programs and services designed to meet the needs of juveniles charged with the commission of a delinquent act. The goals of the juvenile justice system shall be to:

(1) Hold juveniles accountable for their unlawful behavior;(2) Provide secure and therapeutic confinement to those juveniles who present a danger to the community;(3) Adequately protect the community and juveniles;(4) Provide programs and services that are community-based and are provided in close proximity to the juvenile’s community;(5) Retain and support juveniles within their homes whenever possible and appropriate;(6) Base probation treatment planning upon individual case management plans;(7) Include the juvenile’s family in the case management plan;(8) Provide supervision and service coordination where appropriate and implement and monitor the case management plan in order to discourage reoffending;(9) Provide follow-up and nonresidential postrelease services to juveniles who are returned to their families or communities;(10) Promote the development and implementation of community-based programs including, but not limited to, mental health services, designed to prevent unlawful behavior and to effectively minimize the depth and duration of the juvenile’s involvement in the juvenile justice system; and(11) Create and maintain programs for juvenile offenders that are gender specific in that they comprehensively address the unique needs of a targeted gender group.”

Much of the purpose revolves around appropriate services and programming. The first part addresses protection, crime prevention, and accountability. Nothing about “rehabilitation,” “victims,” or “restitution”—only “secure and therapeutic confinement.”

This statute is thus both programming- and punishment-oriented.

DELAWARE – DEL. CODE ANN. tit. 10, § 902

The Family Court’s purpose is “to provide for each person coming under its jurisdiction such control, care, and treatment as will best serve the interests of the public, the family, and the offender, to the end that the home will, if possible, remain unbroken and the family members will recognize and discharge their legal and moral responsibilities to the public and to one another.”

OJJDP lists this as falling within the Standard Juvenile Court Act

D.C. – D.C. SCR-Juvenile Rule 2

The purpose of the Rules Governing Juvenile Proceedings is that each child is entitled to due process of law, and that children removed from their homes are entitled to the “custody, care and discipline as nearly as possible equivalent to that which should have been provided for him by his parents.”

Not much here—due process-centric

FLORIDA – FLA. STAT. §985.155

The Purposes of the Juvenile Justice Chapter are liberally construed so as to:

Assure due process Provide for care, safety and protection of children in safe and secure custody, promoting

health and well-being Ensure protection of society by providing comprehensive assessment of child’s needs, so

that control, discipline, punishment, treatment are administered consistent with the seriousness of act, community’s need for safety, prior record of child, rehabilitative needs of child, and possible restitution to victim

Preserve and strengthen family ties whenever possible Provide all children “committed to the department with training in life skills, including

career education”

OJJDP lists Florida as encompassing both BARJ and Standard Juvenile Court Act principles

GEORGIA – GA. CODE ANN. §15-11-1

Purpose of juvenile proceedings is to protect child’s welfare and best interests of the state.

Very short purposes clause. Give child in custody protection as near as possible to that which child’s own parents

would give. OJJDP lists this as Standard Juvenile Court Act

GUAM - 19 GUAM CODE ANN. § 5129

Each child “shall receive such care, guidance and control, preferably in his home, as will enhance the child's welfare and be in the best interest of the Territory, and then when such child is removed from the control of his parents the court shall secure care as nearly as possible equivalent to that which should have been given to him by them.”

Standard Juvenile Court Act language, almost word-for-word.

HAWAII – HAW. REV. STAT. §571-1

Purpose of family courts is to protect rights and well-being of children and families Reduce juvenile delinquency OJJDP says the statute focuses on punishment

IDAHO – IDAHO CODE ANN. § 20-501

Purpose for the Juvenile Corrections Act emphasizes accountability, community protection, and competency development. It seeks to hold parents accountable, and to have parents reimburse system for confinement of juvenile where appropriate, and seeks to institute restitution to victims.

NB: this is corrections act—not juvenile justice code! Very BARJ

ILLINOIS – 705 ILL. COMP. STAT. 405/5-101

The juvenile justice system seeks to “protect the community, impose accountability for violations of law and equip juvenile offenders with competencies to live responsibly and productively.”

It also seeks to provide due process. Policies developed should minimize contact with JJ system, provide “provide secure

confinement for minors who present a danger to the community and make those minors understand that sanctions for serious crimes, particularly violent felonies, should be commensurate with the seriousness of the offense and merit strong punishment;” ensure that minors are kept in their homes and communities whenever possible and appropriate.

Very BARJ; also OJJDP notes Standard Juvenile Court Act elements

INDIANA – IND. CODE § 31-10-2-1

The JJ system is one that ought to protect “the public by enforcing the legal obligations that children have to society and society has to children,” ensuring that children involved in the system “are treated as persons in need of care, protection, treatment, and rehabilitation.”

It seeks to “promote public safety and individual accountability by the imposition of appropriate sanctions.”

Very responsibility-focused—almost communitarian-sounding . OJJDP calls it BARJ

IOWA – IOWA CODE § 232.1

Child under jurisdiction of court given guidance, care, protection to serve welfare and best interest of state; OJJDP notes this is essentially Standard Juvenile Court Act

Nothing found JJ-specific

KANSAS – KAN. STAT. ANN. § 38-2301

Goals of JJ code are to promote public safety, hold juvenile offenders accountable, and improve juvenile’s ability to live more productively/responsibly in community.

To pursue those goals, the system prioritizes strengthening families and educational institutions, community-based programs, outcome-based programs, reflect community norms, etc.

BARJ

KENTUCKY – KY. REV. STAT. ANN. § 600.010

Chapter involving delinquents is interpreted to promote the “best interests of the child though providing treatment and sanctions to reduce recidivism and assist in making the child a productive citizen by advancing the principles of personal responsibility, accountability, and reformation, while maintaining public safety, and seeking restitution and reparation.”

OJJDP says this is solely child welfare-oriented, but definitely has BARJ principles, as well

LOUISIANA – LA CHILD. CODE ANN. art. 801

The purpose of the Children’s Code covering delinquency is to accord due process to each child accused, and to ensure that each child receives care, guidance, and control conducive to his welfare and the best interests of the state.

Standard Juvenile Court Act

MAINE – ME. REV. STAT. tit. 15, § 3002

Maine’s juvenile code seeks to provide care and guidance, preferably in juvenile’s own home, to best serve his interests and those of society; to strengthen families; to remove from parents only when juvenile’s welfare and safety or protection of public would be otherwise endangered; or when necessary to punish a child adjudicated as having committed a juvenile crime.

One of only statutes that uses the word “punish” Heavy emphasis on consequences Nothing about restorative justice, victims, or restitution OJJDP calls this Standard Juvenile Court Act and Legislative Guide, but also note its

punitive orientation

MARYLAND – MD. CODE ANN., CTS. & JUD. PROC. § 3-8A-02

Purpose is to balance the following objectives: public safety and the protection of the community; accountability to the victim and community; and competency and character

development to assist children in becoming responsible and productive members of society

BARJ Holds parents responsible, as well Provides for care, treatment, training, and rehabilitation consistent with child’s best

interests and protection of public

MASSACHUSETTS – MASS. GEN. LAWS ch. 119, § 53

Children should be treated “not as criminals, but as children in need of aid, encouragement and guidance.”

Perhaps the most positive purposes clause OJJDP says this falls within Standard Juvenile Court Act terminology, but it is more

complex than that

MICHIGAN – MICH. COMP. LAWS § 712A.1

Care, guidance, control conducive to child’s welfare and that of state Juvenile justice oriented? OJJDP: Standard Juvenile Court Act

MINNESOTA – MINN. STAT. ANN. § 260B.001

“The purpose of the laws relating to children alleged or adjudicated to be delinquent is to promote the public safety and reduce juvenile delinquency by maintaining the integrity of the substantive law prohibiting certain behavior and by developing individual responsibility for lawful behavior. This purpose should be pursued through means that are fair and just, that recognize the unique characteristics and needs of children, and that give children access to opportunities for personal and social growth.”

Another well-worded purposes clause OJJDP says this is Standard Juvenile Court Act language, but it is more nuanced than that

MISSISSIPPI – MISS. CODE ANN. § 43-21-103

Youth Court purpose is to ensure that each child becomes “a responsible, accountable and productive citizen,” receiving care and guidance towards those ends in child and state’s best interests.

Standard Juvenile Court Act

MISSOURI – MO. REV. STAT. § 211.011

Care, protection, and discipline—child welfare/best interests of state Parens patriae Standard Juvenile Court Act

MONTANA – MONT. CODE ANN. § 41-5-102

Explicitly opposes retribution Provides “immediate, consistent, enforceable, and avoidable consequences of youths’

actions;” “a program of supervision, care, rehabilitation, detention, competency development, and community protection for youth before they become adult offenders;” restitution as ordered; maintenance of own culture/ethnic heritage whenever appropriate; separation from parents when necessary for youth welfare or safety and protection of community; provide fair, accurate judicial proceedings

OJJDP: BARJ and Legislative Guide (but again, there are additional complexities here, as you see above)

NEBRASKA – NEB. REV. STAT. §§ 43-246; 43-402

Juvenile code seeks to assure rights of juveniles to care/protection and a safe living environment while developing their capacity for useful citizenship and well-being, and to protect the public interest

Emphasis on removing juvenile from criminal system whenever possible, instead providing social and rehabilitative services to youth and their families

Offers selected juveniles opportunity to take “direct personal responsibility for their individual actions by reconciling with” victims / restitution and community service

Keep juvenile in home unless necessary for welfare (health and safety being paramount) and public safety

Fair hearings; rights protected throughout processes Temporary placements always as least restrictive alternative BARJ

NEVADA – NEV. REV. STAT. § 62A.360

Care, protection, and discipline—child welfare/best interests of state Parens patriae OJJDP: Standard Juvenile Court Act

NEW HAMPSHIRE – N.H. REV. STAT. ANN. § 169-B:1

Chapter on Delinquent Minors seeks to protect the public interest, and “promote the minor’s acceptance of personal responsibility, understand the consequences, and be given counseling, treatment, and rehabilitative services for delinquent behavior, and in some way hold parents accountable/raise their awareness

Separate minor and parents only when it necessary for welfare of minor/public safety and only where such “change in custody and control will plainly better the minor.”

Judicial fairness and protection of rights is also key OJJDP: Legislative Guide

NEW JERSEY – N.J. STAT. ANN. § 2A: 4A-21

The Code of Juvenile Justice seeks to, consistent with the protection of the public interest, substitute criminal consequences of delinquent behavior w/ adequate supervision, care and rehabilitation, and sanctions designed to promote accountability and protect the public, and foster dialogue between offender, victim, and community and develop competencies

Separate juveniles from family only when necessary for health/safety/welfare or public safety

BARJ OJJDP also says this is Standard Juvenile Court Act and Legislative Guide language –

New Jersey is only state for which OJJDP categorizes into three groupings

NEW MEXICO – N.M. STAT. ANN. § 32A-2-2

Purpose of Delinquency Act is to hold kids accountable, protect public interest, provide supervision and rehabilitation, “including rehabilitative restitution by the child to the victims of the child’s delinquent act to the extent that the child is reasonably able to do so”

Strengthen families Emphasize community-based alternatives Develop data-driven policies; eliminate/reduce DMC and gender disparities Improve detention center conditions of confinement OJJDP calls this Legislative Guide language – it also includes other components, as you

see above, that make it more complex

NEW YORK – N.Y. FAM CT. ACT § 301.1

Purpose of Juvenile Delinquency Article in the Family Court Act is to develop procedures in accordance with due process of law—in making the determination, court shall consider “needs and best interests of the respondent as well as the need for protection of the community.”

OJJDP: Standard Juvenile Court Act

NORTH CAROLINA – N.C. GEN STAT. § 7B-1500

Purpose of Chapter of Juvenile Code on Undisciplined and Delinquent Juveniles is to protect the public, deter delinquency by providing dispositions that emphasize accountability and appropriate rehabilitative services

Uniform procedures that assure fairness and equity OJJDP: punishment-/disposition services-oriented

NORTH DAKOTA – N.D. Juvenile R. Pro. 1

Rules of juvenile procedure are construed to protect best interests of children Parens patriae (but is this really juvenile delinquency focused?) OJJDP: Child Welfare

NORTHERN MARIANA ISLANDS – 2008 N. Mar. I. Pub. L. 16-47

Purpose is completely BARJ – accountability, competency development, protect community

OHIO – Ohio Rev. Code Ann. §§ 2151.01; 2152.01

Juvenile Court’s purpose is to provide for care/protection/development of child in family environment, separating only when necessary for child’s welfare or in interests of public safety

Fair hearings, legal rights Purpose of Juvenile Dispositions is: “to provide for the care, protection, and mental and

physical development of [delinquent] children, protect the public interest and safety, hold the offender accountable for the offender’s actions, restore the victim, and rehabilitate the offender.”

OJJDP says this is Legislative Guide; it also appears to encompass BARJ elements

OKLAHOMA – OKLA. STAT. tit. 10A, § 2-1-102

Purpose of laws related to juveniles alleged to be delinquent is to promote public safety and reduce delinquency

Recognize uniqueness of juveniles ; hold them accountable; give them opportunity to achieve growth; provide for rehabilitation and reintegration into society; strengthen

families; remove from family only where welfare and safety of juvenile or protection of public would be endangered otherwise; care and guidance for juveniles removed from custody to assist them in being productive members of society

Fair hearings/procedures BARJ and Legislative Guide language (OJJDP says only BARJ)

OREGON – Or. Rev. Stat. § 419C.001

Protect public and reduce delinquency Provide fair and impartial procedures Personal responsibility; accountability; reformation within context of public safety and

restitution to victims and community BARJ

PENNSYLVANIA – 42 PA. CONS. STAT. § 6301

Purposes of Juvenile Act are to preserve family unity; provide care/protection/safety of children and their development;

For juvenile delinquents, balanced attention to the protection of the community, the imposition of accountability for offenses committed and the development of competencies to enable children to become responsible and productive members of the community.

BARJ Separate child from parents only when necessary for his welfare, safety or health or in the

interests of public safety Minimize confinement

PUERTO RICO – P.R. LAWS ANN. tit. 34, § 2202

Largely Legislative Guide language, as there is emphasis on legal rights, protection and development of the child; but no language on removal only when necessary, and added language on holding them responsible for their actions

Case law recognizes shift over time in Minors’ Act purpose – previously, purpose had “a paternalistic orientation,” which has been replaced by “an eclectic focus of action and intervention reconciling State’s parens patriae responsibility of rehabilitation to offenders’ duty to take responsibility for their actions.” G.R.S., 149 D.P.R. 1 (1999).

RHODE ISLAND – R.I. GEN. LAWS § 14-1-2

Care/guidance/control serving child’s welfare and state’s best interests Family ties strengthened; removal only when his welfare or protection of public not

otherwise obtainable OJJDP: Standard Juvenile Court Act

SOUTH CAROLINA – S.C. CODE ANN. § 63-1-20

Focus is on prevention of children’s problems via maximizing community resources Policies promotes welfare of children and community’s best interests, preferably in least

restrictive environment possible OJJDP: Standard Juvenile Court Act

SOUTH DAKOTA – S.D. CODIFIED LAWS §26-7A-5

Proceedings are in best interests of the child Child Welfare-oriented; but OJJDP deems this Standard Juvenile Court Act

TENNESSEE – TENN. CODE ANN. § 37-1-101

Purpose of Juvenile Court statutes: Provide for care of children coming within its provisions;

Consistent w/ protection of public, remove from children committing delinquent acts the taint of criminality and consequences of criminal behavior, substituting training and rehabilitative program

Separate from parents only when necessary for child’s welfare/public safety Essentially borrows entirety of Legislative Guide language

TEXAS – TEX. FAM. CODE ANN. § 51.01

Juvenile Justice Code purpose: Provide for protection of public/public safetyo Promote concept of punishment for criminal acts o Remove, where appropriate, taint of criminality from children committing certain

unlawful actso Treatment, training, rehabilitation that emphasizes accountability and

responsibility of both parent and child for child’s conduct Care, protection, and wholesome development of children In family environment, only separating for child’s welfare/interest of public safety Simple judicial procedure w/ fair hearings OJJDP: Both Punishment-oriented and Legislative Guide language

U.S. VIRGIN ISLANDS - V.I. CODE ANN. tit. 5, § 2501

Children’s policy “shall be interpreted in conjunction with all relevant laws, regulations, and the cultural heritage of the child and shall apply to all children who have need of services including, but not limited to, those mentally, socially, emotionally, physically, developmentally, educationally or economically disadvantaged or handicapped; those dependent, neglected, abused or exploited; and, those who by their circumstance or action commit delinquent acts within this territory and are found to be in need of treatment or sanctions.”

Balance between treatment and sanctions. “Emphasis is placed upon public safety and deterrence. Children should become aware through the imposition of sanctions that delinquent behavior will not be excused. Sanctions will be dispensed in a manner that is appropriate to the seriousness of the offense.”

“When children must be placed in care away from their homes, the territory shall attempt to ensure that they are protected against harmful effects resulting from the temporary or permanent inability of parents to provide care and protection of their children.”

This statute incorporates elements of the Standard Juvenile Court Act, but also appears to emphasize a punishment-oriented model.

UTAH – UTAH CODE ANN. § 78A-6-102

Purpose of Juvenile Court Act: promote public safety and individual accountability Guidance and control preferably in minor’s home to prevent future unlawful conduct

and develop responsible citizenship Rehabilitation, reeducation, treatment where appropriate Remove minor from parental custody only where minor’s safety or welfare, or public

safety, may not otherwise be safeguarded Best interests of minor in all cases, strengthen family ties consistent w/ “ends of

justice” OJJDP: Punishment-oriented

VERMONT – VT. STAT. ANN. tit. 33, § 5101

Purpose of juvenile judicial proceedings chapters: provide for care, protection, education, development of children within its provisions

Remove “taint of criminality ” and provide rehabilitation which gives balanced attention to protection of community, accountability to victims and community, development of competencies to ensure children become responsible/productive

BARJ Preserve families, separating children only when necessary to protect child from serious

harm or in the interest of public safetyo Narrow separation statute – good

Highlights importance of Fair hearings

VIRGINIA – VA. CODE. ANN. § 16.1-227

Juvenile Courts and Domestic Relations Courts purpose: Welfare of child and family, community’s safety, and protection of victim’s rights are paramount concerns

Divert kids wherever possible to alternative programs Fair judicial procedures Protect community, reduce delinquency, and hold offenders accountable Only remove child where welfare endangered or public safety OJJDP: Legislative Guide

WASHINGTON – WASH. REV. CODE §13.40.010

Legislature intends for juvenile justice system to:  Protect citizenry; Make the juvenile offender accountable; Provide for punishment commensurate with the age, crime, and criminal history of the juvenile offender; Provide due process; Provide necessary treatment, supervision, and custody for juvenile offenders; Provide for the handling of juvenile offenders by communities whenever consistent with public safety; Provide for restitution to victims of crime; Provide opportunities for victim participation

BARJ; but also large victim emphasis and punishment component

WEST VIRGINIA – W. VA. CODE § 49-1-1

Purpose of child welfare statute is to provide coordinated welfare/jj system Assure each child care/safety/guidance/mental/physical welfare; strengthen family ties;

recognize fundamental rights of children and parents; Provide for rehabilitation and secure detention Protect welfare of general public Removal from family only when child’s welfare or safety and protection of public cannot

otherwise be adequately safeguarded OJJDP: Child Welfare-oriented

WISCONSIN – WIS. STAT. § 938.01

Purpose of juvenile justice system/code is to protect the community, impose accountability, equip offenders w/ competencies to live responsibly and productively

Ensure rights of victims Due process/fair hearings BARJ

WYOMING – WYO. STAT. ANN. § 14-6-201

Juvenile Justice Act purpose: provide for best interests of child and protection of public

and public safety; Promote concept of punishment while differentiating this from behavior of children

who are victimized/have disabilities Remove, where appropriate, taint of criminality Provide treatment, training, rehabilitation that emphasizes accountability and

responsibility of both parent and child for child’s conduct, reduces recidivism and helps children become functioning and contributing adults

Separate child only when necessary for child’s welfare or interest of public safety Care for children using least restrictive/most appropriate interventions Simple, fair judicial procedures OJJDP: Legislative Guide; Punishment-oriented