It may sound like a cliché, but as we begin a new school year and children are another year older it is important to note that like the old Bob Dylan song says, "The times, they are a changin'."
The Florida Juvenile Justice System has changed substantially over the past 20 years. Historically the Department of Health and Rehabilitative Services was charged with supervising all the children in the "system," regardless of whether they were abused, abandoned, neglected or charged with committing a delinquent act (a crime). The philosophy of the juvenile justice system was to focus on the "best interest of the child" and rehabilitation.
In 1994, the Legislature made substantial changes in the juvenile justice system. A new Department of Juvenile Justice was formed to handle the delinquent youth, and the Department of Children and Family Services was established to serve the abused, abandoned and neglected children.
The 1994 act revised the philosophy basis for juvenile justice. Legislative intent changed the emphasis from rehabilitation and treatment to the "protection of the public from acts of delinquency" and "to provide control, discipline and punishment" in addition to treatment. Ironically, before these massive changes, the word "punishment" did not even appear in the juvenile laws.
For example, new laws provide prosecutors the authority to file adult charges on children as young as 14 years old for certain law violations. Prior to that legislative change, the state attorney had to file a motion to the court, set a hearing and get the permission of the court to prosecute children 14 or 15 years old in the adult system. The kids were entitled to be represented by attorneys who could provide a defense and list reasons why the child should not be prosecuted as an adult. Such is not the case today. Moreover, when the state attorney files on children in the adult system, they can be housed in the county jail and held there until the charges are resolved after a trial.
In addition to the more punitive focus in the Juvenile Court System, acts previously considered childhood pranks are now being referred to juvenile court. Children who act up in school may be charged with a criminal act known as "disruption of a school function." Often when two or more students get into a minor fight on school grounds they are also charged with causing an "affray" or "disorderly conduct." In certain circumstances, it may be a third-degree felony to possess a fictitious identification card or driver license. Laws are much different than in years gone by.
Please don't misunderstand, juvenile crime must be taken seriously and punishment must be levied. My concern is for those parents and children to become aware of the serious consequences of their acts in these days of "changin'."
One last thought as the school year begins: Parents, remember that a big part of your job is to Be The Influence on your children and their friends.
Diamond Litty is the elected Public Defender Of The 19Th Judicial Circuit, which Encompasses Indian River, St. Lucie, Martin And Okeechobee Counties. Please visit her other websites and blogs;
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