قراءة كتاب Report of the Juvenile Delinquency Committee

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Report of the Juvenile Delinquency Committee

Report of the Juvenile Delinquency Committee

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was often necessary to study the convenience of the Magistrates themselves. The present Committee has no specific recommendation to make in this connection.

The best that can be done is in fact being done.

 

Page 60, paragraph (f)

On the subject of the publicity to be given to proceedings in the Children's Court the Mazengarb Committee said:

"There may be reasons why a Children's Court should be open to the public ... The public has a right to know how child offenders have been dealt with. The Committee does not recommend any alteration in the provision prohibiting the publication of the name of any child, or of any name or particulars likely to lead to identification. Subject to this, it is desirable that reporters should be allowed to attend."

With these views we find ourselves to be in complete agreement.

 

Page 60, paragraph (g)

The Mazengarb Committee appeared to hold the view that when children have been placed under supervision there was no adequate "follow up" procedure.

The following is Dr Beeby's comment upon this paragraph:

"It is a little difficult to see just what the Committee are suggesting in this paragraph. If they are proposing that a Child Welfare Officer be required to report progress to a Magistrate for his personal information and to enable him to check on the correctness of his judgment, there can be no possible objection. When asked for, indeed, this is already done. If, on the other hand, it is proposed that the Magistrate have continuing authority over the child, then it would turn the Court into a social work agency and would run counter to the whole trend in the development of Children's Court and child welfare work from the beginning of this century. The Magistrate would be compelled to take on responsibilities for which he is not trained, and Child Welfare Officers would tend to become merely junior probation officers attached to the Court. One of the advantages of the present system is that the Superintendent, being the final authority, can ensure uniform standards of case work throughout New Zealand. If it were left to each individual Magistrate to decide exactly what should be done with children, it is certain that wide variations in principles and procedures would occur. Experience has shown, for example, that some Magistrates, with no first-hand knowledge of our institutions, would send to them children for whom they are not established to cater.

"With regard to the Committee's suggestion that there 'should be some person or body apart from the departmental officers to whom a child could turn for help ...', we would agree that something like the Visiting Justice system of the Justice Department might apply to our institutions as a guarantee to the public and as a protection to both children and officers. However, to extend such a system to children boarded out in private homes would be to ask for endless trouble. People would be loath to accept State wards into their homes if it laid them open to official visits from laymen whose sole function was to hear complaints from the children. The visits of Child Welfare Officers and of Inspectors of the Division must, we feel, be accepted as the main guarantee to the public of fair treatment."

Without expressing any decided opinion, the Committee felt that what the Director of Education has to say is worthy of consideration by Government.

 

Certain Specific Changes Proposed by the Mazengarb Committee

In clause (5) on pages 60 to 63, both inclusive, of the report the Mazengarb Committee recommended that certain specific changes be made as soon as possible in the legislation relating to proceedings in the Children's Court. It was our duty to examine and report upon each of these suggestions. Our comments are as follow:

Paragraph (a), page 61 (creation of a new offence) and paragraph (b), page 61 (the compulsory attendance of parents at a Children's Court)

Both of these recommendations have been given effect to, and they are provided for in the legislation enacted late in the session of 1954.

Paragraph (c). page 61 (power of Court to make orders against the parents of offending or delinquent children)

We agree with this recommendation, and we understand that the necessary provision has already been written into a new Child Welfare Bill which is in course of preparation.

Paragraph (d), page 62 (notification of fact of expulsion of a child from school)

This proposal has already been given effect to by administrative direction. We feel that legislation on this point will not be necessary.

Paragraph (e), page 63 (notification to be given to principal of a school where child found to be delinquent)

In normal practice the Child Welfare Officer does take a head teacher into his confidence when placing a child in his school district and actively seeks his co-operation. There are odd cases, however, where it may be thought that an individual head teacher should not be given, in the words of the report, all "the circumstances which led to the delinquency". This would be a very rare occurrence, but the statutory obligation to tell everything he knew on every occasion might prevent the Child Welfare Officer's taking steps he believed to be in the best interests of all concerned. The best results, we feel, will come from wise administrative action and from a general improvement in the mutual understanding between teachers and Child Welfare Officers.

The Committee felt that when information of this nature was passed on to a Headmaster it should be treated as confidential. We feel strongly that any child should always have a full opportunity of repentance and of re-establishing his character, and where a child showed that definite improvement had been made by him his chances of rehabilitation should not be prejudiced by the fact of his earlier breach.

Paragraph (f), page 63 (recommendation that Child Welfare Act be completely redrafted, etc.)

A complete redraft of the Act is now in course of preparation.

Further comments on paragraph (f) above were made by Dr Beeby. They are as follow:

"We think that the right of appeal from the decisions of the Children's Courts might be usefully made explicit in the Child Welfare Act. We agree also that it might be well to provide for the right of appeal against the Superintendent in certain circumstances. If the system is to be workable and not brought to a standstill by a mass of frivolous appeals, it will be necessary to restrict the right of appeal. If an appeal were to lie every time the Superintendent shifted a ward of State, the proceedings would be endless. The only appeal, we think, should be one to have a child discharged from the care of the Superintendent. Serious complaints of ill treatment could be aired in this way. We are not able to suggest, off-hand, exactly what the restrictions should be, and very full discussions between Child Welfare authorities and legal authorities would be necessary as a preliminary to effective legislation on the point."

Little, if anything, appeared in the Mazengarb Committee's report to justify us in thinking that a right of appeal of the kind suggested should be provided. The Committee express the hope that a step of this kind should not be taken unless sound reasons were advanced for taking it.

 

Summary of Proposals for Administrative Action

In its report at pages 67 and 68 the

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