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
1
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).
ALABAMA – ALA. CODE § 12-15-101
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 public
3) Reunite child as safely and quickly as possible unless not in child’s best interest
4) Secure necessary treatment, care, guidance, and discipline to assist child in becoming
responsible, productive member of society
5) Promote continuum of services for child and family
6) Promote use of community-based alternatives as deterrents to acts of juvenile
delinquency and as least restrictive dispositional alternatives
7) “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.”
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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.
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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
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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.”
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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.”
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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.”
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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.
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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.”
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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.”
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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.”
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Not much here—due process-centric
FLORIDA – FLA. STAT. §985.155
The Purposes of the Juvenile Justice Chapter are liberally construed so as to:
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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
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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
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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
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Purpose of family courts is to protect rights and well-being of children and families
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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
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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
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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
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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
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Nothing found JJ-specific
KANSAS – KAN. STAT. ANN. § 38-2301
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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
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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
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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
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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
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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
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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
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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
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“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
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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
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Care, protection, and discipline—child welfare/best interests of state
Parens patriae
Standard Juvenile Court Act
MONTANA – MONT. CODE ANN. § 41-5-102
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Purpose is completely BARJ – accountability, competency development, protect
community
OHIO – Ohio Rev. Code Ann. §§ 2151.01; 2152.01
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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
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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
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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
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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
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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
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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
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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
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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
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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
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Juvenile Justice Code purpose: Provide for protection of public/public safety
o Promote concept of punishment for criminal acts
o Remove, where appropriate, taint of criminality from children committing certain
unlawful acts
o Treatment, training, rehabilitation that emphasizes accountability and
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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
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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
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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
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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
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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 safety
o Narrow separation statute – good
Highlights importance of Fair hearings
VIRGINIA – VA. CODE. ANN. § 16.1-227
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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
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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
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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
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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
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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