Juvenile Justice and Delinquency Prevention Act
JUVENILE JUSTICE & DELINQUENCY PREVENTION ACT
On November 2, 2002, the President signed into law legislation authorizing U.S. Department of Justice programs which includes juvenile justice programs. This new law re-authorizes the Juvenile Justice and Delinquency Prevention Act (JJDPA), the major federal law governing the juvenile justice system originally signed into law in 1974. With some minor exceptions, the JJDP Act maintains the core protections for youth in the juvenile justice system.
(P. L. 107-273)
Summary of the Key Provisions Regarding the Connection Between Child Welfare and Juvenile Justice Systems
Of critical importance, the new law recognizes research confirming the undeniable link between child maltreatment and juvenile delinquency and requires action regarding the connections between juvenile justice and child welfare systems. There are three overarching requirements articulated in the JJDP Act that promote the interaction and coordination of these systems more closely than previously required.
In addition to these provisions, the re-authorized JJDP Act broadens the categories states may fund for juvenile delinquency prevention and treatment to include previous victims of child abuse and neglect and/or those children known to the child welfare system. Finally, states may utilize funding to help various child caring systems (i.e., juvenile justice, child welfare and mental health) collaborate service delivery for treatment provided to delinquent children or those at-risk for delinquency. These efforts may be funded from the Formula Grants program, the new Juvenile Delinquency Prevention Block Grant (JJDPG) fund, as well as the newly authorized Juvenile Accountability Block Grant (JABG) program.
- The law requires states, to the maximum extent possible, establish policies and systems to incorporate relevant child protective services records into juvenile justice records for purposes of establishing and implementing treatment plans for juvenile offenders.
- Under the law, states must provide assurances that juvenile offenders whose placement is funded using federal funds through Title IV-E Foster Care receive all the protections included in the foster care system, including a case plan and a case plan review
- The law stipulates that within a year of enactment a study will be conducted of juveniles who were under the care or custody of the child welfare system or who are unable to return to their family after completing their disposition in the juvenile justice system. The study shall include an examination of the extent to which state juvenile justice systems and child welfare systems are coordinating services and treatment; the federal and local sources of funds used for placements and services; and the barriers faced by states in providing services to these juveniles.
The following page contains excerpts which provide the specific provisions and exact language contained in the JJDP Act that delineates the aforementioned requirements regarding the connections between child welfare and juvenile justice systems.
Part B - Formula Grants Program
Section 223(a)(9): provide that not less than 75 percent of the funds available to the State under 5632 of this title shall be used for:
(C) comprehensive juvenile justice and delinquency prevention programs that meet the needs of youth through the collaboration of the many local systems before which a youth may appear, including schools, courts, law enforcement agencies, child protection agencies, mental health agencies, welfare services, health care agencies, and private nonprofit agencies offering youth services;
(D) programs that provide treatment to juvenile offenders who are the victims of child abuse or neglect, and to their families, in order to reduce the likelihood that such juvenile offenders will commit subsequent violations of law;
Section 223(a)(26): to the maximum extent practicable, implement a system to ensure that if a juvenile is before a court in the juvenile justice system, public child welfare records (including child protective services records) relating to such juvenile that are on file in the geographical area under the jurisdiction of such court will be made known to such court; and
Section 223(a)(27): establish policies and systems to incorporate relevant child protective services records into juvenile justice records for purposes of establishing and implementing treatment plans for juvenile offenders; and
Section 223(a)(28): provide assurances that juvenile offenders whose placement is funded through 472 of the Social Security Act (42 U.S.C. 672) receive the protections specified in 471 of such Act (42 U.S.C. 671), including a case plan and case plan review as defined in 475 of such Act (42 U.S.C. 675).
Part C - Juvenile Delinquency Prevention Block Grant Program
Section 241: The OJJDP Administrator may make grants to eligible States, for the purpose of providing financial assistance to eligible entities to carry out projects designed to prevent juvenile delinquency:
(1) projects that provide treatment (including treatment for mental health problems) to juvenile offenders, and juveniles who are at risk of becoming juvenile offenders, who are victims of child abuse or neglect or who have experienced violence in their homes, at school, or in the community, and to their families, in order to reduce the likelihood that such juveniles will commit violations of law;
(10) comprehensive juvenile justice and delinquency prevention projects that meet the needs of juveniles through the collaboration of the many local service systems juveniles encounter, including schools, courts, law enforcement agencies, child protection agencies, mental health agencies, welfare services, health care agencies (including collaboration on appropriate prenatal care for pregnant juvenile offenders), private nonprofit agencies, and public recreation agencies offering services to juveniles;
(13) to establish policies and systems to incorporate relevant child protective services records into juvenile justice records for purposes of establishing treatment plans for juvenile offenders.
Part R - Juvenile Accountability Block Grant Program
Section 1801(b)(10): establishing and maintaining interagency information-sharing programs that enable the juvenile and criminal justice systems, schools, and social services agencies to make more informed decisions regarding the early identification, control, supervision, and treatment of juveniles who repeatedly commit serious delinquent or criminal acts;
Section 1801(b)(12): establishing and maintaining programs to conduct risk and need assessments of juvenile offenders that facilitate the effective early intervention and the provision of comprehensive services, including mental health screening and treatment and substance abuse testing and treatment to such offenders.
- Juvenile Justice Delinquency Prevention Act On-Line
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