In the past decade or so there have been several landmark decisions in the Supreme Court of the United States and in other federal and State appellate courts aimed at the hitherto hidden or ignored abuses and failures of the juvenile system, both in the judicial and corrections stages. Such litigation has had a sound basis to work from because of the rehabilitation and treatment obligation imposed by state statutes on state juvenile processes, the closely related developments in the criminal field during the 1960's and the sharper delineation and fuller documentation of issues in the juvenile field through scattered litigation during the past ten or fifteen years.

In 1967 the United States Supreme Court decided the case of In re Gault. This case held that a juvenile has the right to notice of the charges brought against him, to counsel, to confrontation of witnesses and to the privilege against self-incrimination. This case now provides much of the foundation on which is based the due process requirements for children who become involved with the law.

The present Virginia law which deals with troubled and delinquent children and other family matters which come to the attention of law enforcement agencies has not been revised as a whole since the mid- 1950's. The piecemeal revision which has come about during the last two decades due to the landmark Supreme Court decisions mentioned earlier and the development of new concepts concerning juvenile issues has left Virginia's laws in a less than orderly and comprehensive form. Throughout its work the Subcommittee kept in mind that Virginia's laws governing children and families need to be systematically organized and need to express a consistent philosophy. In restructuring and revising the Virginia law on juvenile and domestic relations district courts, certain principles and standards which the Subcommittee members feel are important were followed in approaching the problems of troubled children and in considering the need to protect society from dangerous youth. Of crucial importance in dealing with children and parents is the maintenance and support, wherever possible, of the family unit. There is a considerable price to pay, both financially and emotionally, when a child is removed from his natural home or a home is otherwise broken up. Where in-home services, family counseling and other such rehabilitative tools can be used to heal a broken family or support a foundering home, this should be the first line of defense. When it is necessary to remove a child from a bad home situation to protect the child, the parent or the community, every effort should be made to return the child home or place him in another stable residential placement as quickly as practicable. When a child comes before the court as a result of his or her misbehavior or difficulties in the home, parents need to become more involved in the programs designed to resolve the child`s difficulties. A child does not grow up in a vacuum. He reflects his environment in which parents can play a key role. Parents must become more accountable for the acts of their children and take a more active role in the modification of the behavior of any member of the family which is unacceptable to the community in which they live.

The Council feels it is important to give the court every viable alternative in dealing with the sensitive and often complex matters related to children and families who come within its jurisdiction. Such alternatives begin with an emphasis on diversion from the system itself. A trained intake unit should, to the extent possible and consistent with the public safety, divert from the justice system those children and family matters which can be cared for or treated through alternative processes. Such diversion of cases where court intervention would be inappropriate or ineffective will conserve the court's time and allow the court to utilize its expertise in more serious matters peculiar to its jurisdiction. When it is suitable for a case to come before the court, the judge should be empowered to require rehabilitative treatment, reparation, restitution or any other conditions of behavior necessary to protect the community from dangerous citizens and to improve the life and development of parties before the court. The Council's proposals for dispositional alternatives available to the court envision a broader role for the court in ensuring that services needed are delivered, that the rights of children and families whether or not they are accused of violations of law are protected and that proper safeguards are followed for the benefit of the community.

The recommendations made in this report are intended to give juvenile and domestic relations district courts more responsibility for advocating the best interests of children and for monitoring those programs in which it places children. The Council believes greater emphasis must be placed on community involvement with troubled children through rehabilitative treatment programs and community residential care. The local juvenile court is in a unique position to point out the need for support of policies which promote the best interests of children and which will ultimately benefit the community as a whole. In the final analysis the involvement and support of the community may be the most critical factor.