The Division of Child Protection and Permanency (DCPP) is New Jersey’s child protection and welfare agency and has the obligation to provide services for every child and family suffering from abuse and neglect. The Office of Adolescent Services (OAS) supports the transition of adolescents into adulthood and is obligated to develop a robust service system that seeks to provide services and supports youth. Both DCPP and OAS fall within the State of New Jersey’s Department of Children and Families (DCF). The Division of Child Protection and Permanency defines the aging out population as the age of majority, which New Jersey law has defined as the age (18) at which a child becomes an adult. This stage is known as adolescence. DCF policy defines …show more content…
Department of Children & Families, Div. of Youth & Family Servs. v. T.B., 207 N.J. 294 at 301; New Jersey Dept. of Children and Families v. R.R., 436 N.J. Super. 53 at 60; New Jersey Dep't of Youth & Family Services v. J.L., 410 N.J. Super. 159 at 166. However, the court does not have to take heed to the agency’s interpretation of a statute or its determination of a strictly legal issue. No difference is required to the agency when the agency's statutory interpretation is contrary to the statutory language or undermines the legislature's intent. 207 N.J. 294 at 301; Dep't of Children & Families v. D.B., 443 N.J. Super. 431 at …show more content…
T.B., 207 N.J. 294 at 301; J.L., 410 N.J. Super. 159 at 166. In T.B., a mother was under the assumption that her parents were home; mistakenly left her child at home alone, the Division of Youth and Family Services found that the mother was negligent. T.B., 207 N.J. 294 at 297. However, the court held that the defendant did not fail to "exercise a minimum degree of care" under N.J.S.A. 9:6-8.21(c)(4)(b), therefore her conduct was not grossly negligent or reckless. Id. at 302. The court examines a statute based on the legislature’s intent. Id. When the plain-language of the statute is clear and unambiguous, then the court's interpretation process of the statute is over. Id. at 303. However when there is ambiguity in the statutory language, the court will examine extrinsic evidence. Id. The court examines a variety of sources of extrinsic evidence, such as the legislative history and legislative intent. Id. at 310. The court started by analyzing the plain language of N.J.S.A. 9:6-8.21(c)(4)(b) which does not imply that when a parent fails to perform a cautionary act does not mean it is abuse or neglect. Id. at 307. “When the failure to perform a cautionary act is merely negligent, it does not necessarily cause section (c)(4)(b) of the abuse or neglect statute”. Id. See also. J.L., 410 N.J. Super. 159 at 169. (reasoning
Father further argues that the trial court erred by failing to hold Mother in contempt for violating the circuit court’s order with regard to father’s visitation of the minor children. Further, Father alleges that the circuit court erred in finding him in contempt for failing to satisfy his child support obligation. For the reasons that follow, the Court lacks jurisdiction to consider whether the trial court erred in failing to find mother in contempt. Further, we hold the circuit court did not err in finding Father to be in contempt. A.
In Wyman v. James, the Supreme Court held that the beneficiary of the Aid to the Families with the Dependent Children must allow a house visit by a case manager, when the law requires it, or relinquish her entitlement to open help. The Supreme Court did not view it as a pursuit in fourth amendment terms. Regardless of the possibility that the visit were a pursuit, the Court said it was sensible: it was made for the advantage of the kid; it was "a gentle means" of guaranteeing that duty stores are appropriately spent; the case manager was not a "uniformed authority"; and the beneficiary had the decision of summoning her entitlement to decline or relinquishing the advantages. Three contradicting Justices (William Douglas, William Brennan, Thurgood
In the section titled “Intent of the Legislature,” Scalia writes on the rules of statutory construction. His first rule of interpretation has to do with the simple face value of a statute: if the requirements of the law are clear, then intention behind the law does not matter and the judge must rule in accordance with what the law says. On the subject of vague statutes, Scalia writes, “In selecting the words of the statute, the legislature might have misspoken. Why not permit that to be demonstrated from the floor debates? Or indeed, why not accept... later explanations by the legislators... as to what they really meant?”
New York: Library of Congress. Juvenile Resident Information. (n.d.). Retrieved December 8, 2014, from http://www.nyc.gov/html/acs/html/yfj/juvenile_resident_info.shtml Leland, J. (2014, June 28).
In conclusion, after contemplating the cases’ distinctive historical background, the sharply divided arguments that prompted the courts’ ruling, and the wide-reaching impact of that ruling, it is evident that this case was a turning point in American history. Despite differing opinions, the Supreme Court stuck to the Constitution in their decision that the government is not responsible for protecting children from their
The Juvenile Justice Delinquency Prevention and Protection Act (JJDPA) was established in 1974 and was the first federal law that dealt comprehensively with juvenile delinquency to improve the juvenile justice system and support state and local efforts at delinquency prevention. This paper will assess the JJDPA and summarize its purpose and implementation and enforcement. Next, there will be a discussion of the historical context of the policy; followed by a focus of the latent consequences. Finally there will be a vignette as to how this Act has affected a person or family as well as personal reflection toward the policy.
Annotated bibliography Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/ More states are considering to raising the age for juvenile crimes before being tried as adult because young offender's mental capacity. The idea is to cut the cost of incarcerate young offender in adult prison and ensure offenders to receive proper education and specialized care to change their behavior. Putting children in adult prison does not deter crime.
Colin Newmark was diagnosed with cancer. The cancer was life threatening. His parents were Christian Scientists and refused to consent for chemotherapy for Colin. Their refusal was protected under State Law as it exempted parents from the neglect and abuse statutes if the refusal was supported by medical reasons. The plaintiff, Child Protective Services petitioned to continue treatment for Colin.
The caregivers lacked commitment, compassion, conscientiousness, fairness and honesty, and if they had taken their jobs seriously probably Tomcik wouldn’t have suffered as much. Trial began on July 22, 1991 and the decision was made on October 7, 1991. Tomcik’s total damage came out to be $85,000 according to the text. The defendants were proven wrong and they were charged. The court did the right thing, but I think a stricter action should have been taken against the defendants.
If you take a look at document c, law 168, which reads, “If a man has determined to disinherit his son and has declared before the judge, “I cut off my son,” the judge shall inquire into the son’s past, and, if the son has not committed a grave
Issue: Kent was unaware of his case's transfer of jurisdiction from the juvenile court of D.C. to the state's regular district court. Was the juvenile court's waiver of jurisdiction valid? Would the individual transferred to the adult court still have rights that were applicable in juvenile court? Did the juvenile court conduct a full investigation for Kent? Important information might have been revealed had an investigation been performed.
1. Know about legislation, guidelines, policies and procedures for safeguarding the welfare of children and young people, including e-safety. 1.1 Identify the current legislation, guidelines, policies and procedures for safeguarding the welfare of children and young people, including e-safety. Children Act 1989 This act was bought about to simplify the laws that protect children by bringing private and public law together.
Policies are put in place for people to follow not only in the government setting but also in much smaller settings. According to Zastrow and Kirst-Ashman (2016) defines policy as a clearly stated or implicit procedure, plan, rule, or stance concerning some issue that serves to guide decision making and behavior (p. 87). In the social work field policies are put into place so that there is guarantee that all clients are treated with the same respect and are offered the resources that are available to them in their community. In this paper I will discuss policies that are in place for children that are being abused and what is in place to help them. Not only are we concerned with if these policies are working but also how are they being paid
Youth put in out-of-home consideration through the adolescent court experience numerous moves. While in consideration, youth move from arrangement to situation and eventually return home, move to another permanency alternative or free from the framework to autonomy. For adolescent court youth, move frequently brings about issues with getting to training, medicinal services advantages, stable lodging and monetary backings. Youth who "age out of" (exit) the child care or adolescent equity framework after age 18, face gigantic difficulties. Emancipated adolescent court youth will probably encounter vagrancy, unemployment, spontaneous pregnancy, grown-up criminal court association, and substance misuse.
Definition of a statute: Interpretation Act 33 0f 1957 Statutory interpretation is the process by which courts interpret and apply legislation. Some amount