I have heard this question asked many times by parents and discussed by social workers and lawyers who practice regularly in the Juvenile Courts. The question illustrates the dilemma that some parents of troubled children have with filing a delinquency petition against a child when the primary goal is to force the implementation of counseling or other services. I suggest that there is no real contradiction between addressing criminal behavior and a therapeutic intervention. It’s not always one or the other.
No person should be charged with a crime he or she did not commit. However, on many occasions I have told some of my adolescent clients that they have no more right to commit the crimes of assault or theft against a parent than they do against any other person in the community. In such cases, the starting point for an effective therapeutic effort is to guarantee a safe home environment. Putting children on notice that criminal behavior will not be tolerated at home is an essential first step. Nothing could be more therapeutic than getting this message across loud and clear. Many parents are understandably torn about whether to seek police assistance or file a petition in the Juvenile Court. When a child’s illegal conduct becomes a consistent pattern, there is little doubt that a criminal delinquency petition should be considered.
When children are charged with crimes in Juvenile Court they are entitled to due process; to representation by counsel; and to a diligent and competent defense – just like an adult. If the juvenile petition is dismissed because of insufficient evidence, the lesson is not that the child “got away with it”, but rather that his parent held him accountable for bad behavior and the justice system works for all people. If convicted, the child should face reasonable consequences and receive support to avoid repeated offenses. In either scenario it is about accountability. Troubled children are always helped when the adults around them set appropriate boundaries and follow through with appropriate consequences - whether it’s a parent or a judge.
