History[ edit ] The Ministry of Women and Child Development began contemplating several desired amendments in and a process of consultation with various stake holders was initiated. The Delhi gang rape case in December had tremendous impact on public perception of the Act. One of the accused in the Delhi gang rape was a few months younger than 18 years of age. He was tried in a juvenile court.
Juvenile Justice Act Summary For states to achieve better outcomes with each dollar spent on the juvenile justice system, they need to economize on their use of expensive juvenile correctional facilities and invest in programs and practices that research indicates will be effective in reducing recidivism.
This Act encourages states to focus expensive out-of-home facilities on higher level offenders, expand effective alternatives to incarceration for lower level offenders, Juvenile justice act enhance oversight and ensure government performance.
A staff non-secure facility may not be a locked facility. State resources should be appropriated to programs and services that produce the best outcomes for children, families and the citizens of this state.
The expensive state residential facilities should be focused on higher-level offenders, while lower-level offenders should be treated in the community which is what the research demonstrates is most effective.
B It is further the intent that the court system shall not be the first resort for addressing status offense and lower level delinquent behavior. They should be the first choice in dealing with status offenders and less serious delinquent behaviors when possible, rather than moving juveniles into the juvenile justice system.
Further, families should have greater involvement and accountability in the programs and services offered in the juvenile justice system.
Pre-Court Diversion Section 3. For status offenses, if probable cause exists, the review should determine if steps were taken to address the issues leading to the status offense behavior prior to the filing of the referral.
If steps were not taken, the child and family shall be referred to Juvenile justice act resources to attempt to address the behaviors prior to filing a petition.
If steps have been taken to address the issues, but have been unsuccessful, or if the referral is for a misdemeanor delinquent offense, the referral may be accepted.
B Once a referral is accepted, evidence-based assessments should be administered as appropriate to determine what services if any are necessary. C If the referral is the first referral for a status or misdemeanor offense, the child shall receive a diversion of that offense.
D In order to receive a diversion for this offense, the child and family shall be required to enter into a diversion contract that requires completion of the services determined necessary by the assessments.
E If the child is successful in completing his or her requirements under the diversion contract, the case shall be dismissed. If the child is not successful, the case may be referred for further proceedings in juvenile court.
F Referrals for status and misdemeanor offenses may be accepted for diversion, in addition to the one mandatory diversion permitted in this Section, at the discretion of the prosecuting attorney. Status offenders Section 4. If a child is placed in out-of-home placement the child may not be held with delinquent offenders and may not be held longer than 24 hours, or until the next business day if the child is detained on a weekend or holiday.
If the child is in need of out-of-home placement beyond the time permitted under this Section, the state child welfare agency shall institute a child welfare investigation. B If the court finds an adjudicated status offender is in contempt of court for violating the terms of the court order of disposition as a status offender, the court may punish the child for contempt.
A child who is found to have committed contempt of court may be taken into custody and ordered to serve an alternative sanction or placed in a non-secure facility in accordance with Subsection A of this Section.
In no case may a status offender be placed in a secure or non-secure facility with delinquent youth. Prior to placing the youth in the short-term placement under this Section, the court shall determine that alternative or graduated sanctions have been attempted and have not been successful.
If the court has not been provided with the risk assessment prior to disposition, the hearing may be continued for no longer than 72 hours in order to complete the assessment. B A child who is adjudicated for a misdemeanor offense, who is eligible for out-of-home placement in accordance with Subsection A of this Section, may not be placed in out-of-home placement for a period longer than an adult would be permitted by law to be incarcerated for the same offense.
The supervision is imposed to hold the child accountable for his or her actions and to address the issues that lead to the behaviors as determined by the validated risk and needs assessment performed prior to disposition. The purpose of imposing sanctions for violations of conditions of supervision is to encourage the child to comply with the original terms of supervision.
B If the court finds a child has violated the terms of supervision, the court should employ a graduated sanctions grid to encourage compliance with supervision. In addition to graduated sanctions, the court may also employ alternatives available at the time of disposition, except that a child may not be held in out-of-home placement longer than 30 days as a sanction for the violation.
If the child has committed a new offense, the offense should be prosecuted as a new delinquent offense and not as a violation.
Restorative Justice Section 8. The objectives are to resolve conflicts and disputes in a non-adversarial community-based process, repair damage caused by the delinquent acts to the communities in which they occur and the individual victims, and to reduce the likelihood the child will commit delinquent acts in the future.
B Restorative justice programs should involve community members, law enforcement and victims when they choose to participate. The programs should be aimed at holding youth accountable for damage caused to communities and victims and restoring youth to productive lives as law-abiding citizens.
Restorative justice programs may include, but are not limited to, the following: Enhance oversight and ensure government performance Section 9. B The agency shall utilize evidence-based programs and practices in the continuum of interventions provided to the children committed or probated to their care and their families.THE JUVENILE ACT 42 Pa.C.S.
Sec. et seq. with appendix Juvenile Court Judges’ Commission Commonwealth of Pennsylvania January The Children’s Justice Act (CJA) as set out in Section of the Child Abuse Prevention and Treatment Act (CAPTA) is a federal grant for states to develop, establish, and operate programs designed to improve the child-protection system in four primary areas.
This act was replaced later with Juvenile Justice Act, In , India ratified the United Nations Convention on the Rights of the Child (UNCRC).
To adapt to the standards of the convention, the act was repealed and the JJ Act, was passed. The Office of Juvenile Justice and Delinquency Prevention (OJJDP), part of the U.S. Department of Justice, Office of Justice Programs, assists local community endeavors to effectively avert and react to juvenile delinquency and victimization.
Through partnerships with experts from various disciplines, OJJDP aims to improve the juvenile justice . The Office of Juvenile Justice and Delinquency Prevention (OJJDP) is the agency charged with responsibility for juvenile justice at the U.S.
Department of Justice. OJJDP carries out its purposes through research, policies, and grants to states and localities. May 09, · Youth under the age of 18 who are accused of committing a delinquent or criminal act are typically processed through a juvenile justice system srmvision.com similar to that of the adult criminal justice system in many ways—processes include arrest, detainment, petitions, hearings, adjudications, dispositions, placement, probation, and .