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Brief Analysis of Some Elements of a Proposed Model Juvenile Code

NCJ Number
Hamline Journal of Public Law & Policy Volume: 28 Issue: 1 Dated: Fall 2006 Pages: 199-314
Mark Ells
Date Published
115 pages
This article presents key elements of a proposed Model Juvenile Code for the State of Nebraska.
The proposed Model Juvenile Code aims to clarify and standardize definitions, substantive law, and procedures that affect the legal status of children and families. The Model Code is divided into four main areas: children in need of government protection (abused, neglected, and dependent children); children in need of government supervision (status offenders); children in need of government-sponsored rehabilitation (delinquency cases); and children in need of mental health services (mental health commitments). The Model Code contains provisions that authorize and limit the State's responsibility and authority for children and families that arise from governmental intervention. It requires that children alleged to be abused or neglected be seen by the court, and also defines exposure to domestic violence as child abuse. Further, it expands due process rights for children charged with violating the law by requiring that they consult with counsel before being interrogated as suspects; and it recognizes the importance of providing extended opportunities for rehabilitation by fashioning multiple methods for structuring treatment for juvenile offenders. After an overview of the four main areas of the Proposed Model Code, its full text is appended. 75 notes