Jssw vol x 06 Nov 2013 Status Offences ISSN:0976-3759

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Volume X

Journal of SCHOOL SOCIAL WORK November 2013

Issue 6

ISSN: 0976-3759

Journal of SCHOOL SOCIAL WORK November 2013

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Volume X

Issue 6

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Journal of School SocialPriceWork Rs 20.00 A National School Social Work monthly dedicated to networking of parents and teachers.

Volume X Issue 6 N o v e m b e r 2 0 1 3 C o n t e n t s

Editorial

Page

Dr Latha S

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Status Offences by Children:An Overview Asha Mukundan K P 03 Truancy Prevention Programme Sundaravalli T 08 Impact of Cyberbullying among School Children Sowmya K 13 Legal Aspects of Status Offenders Geni Philipose 18

Focus: Status Offences Honorary special editor: Dr Latha S, Asst. Professor and Head School of Criminology and Criminal Justice Tamil Nadu Open University Chennai 600 015 Journal of School Social Work,

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Volume X

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Editorial

Youth Trouble or Youth-in-Trouble?

The alarming trend in the increase of deviant behaviour among children in India and other countries is shocking, to say the least. Children play truant, run away from home, skip school, bully, smoke, drink alcohol , abuse drugs, defy authority and exhibit disorderly conduct. All these in isolation or combination cannot be considered as crimes in the adult world. But these are considered as offences and as violations only because of the status of the youth as a minor. These are status offence behaviours.

Sociologists attribute it to broken homes and traumatic childhood experiences. Psychiatrists consider mental illnesses or the precursors to mental illness as the underlying cause. Society looks at the innocence of childhood. Law enforcers feel that these offenders are incorrigible psychopaths. Doctors attribute to the stress of modern living and psychologists point at the early childhod traumas. Parents blame the media for corrupting the minds of the youth with sustained justification of violence. Researchers say such children come mostly from economically weaker section of the society but Law is firm and does not absolve them of their civil liabilities.

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Society’s sympathy for the status offenders, the psychiatrists’ mental health model, the law enforcers’ theory of incorrigibility and sociologists‘ broken home concepts cannot restrain the State’s responsibility for public safety, prevention of the child from becoming a full-blown criminal later and further fragmentation of broken homes by institutionalizing the child. Hence, the State treats the status offender as a child in conflict with the Law, in need of supervision, service and care and takes upon itself the role of preserving the family system, preventing the child from further deterioration and ensuring the public safety.

In addition the change in parenting pattern and stressors in schools also take heavy toll on children to become status offenders. It is time to think seriously on the issue of increasing frequency and severity of status offences. These children are still growing into maturity and are more vulnerable than adults to negative peer pressure. They need care, treatment and services to remedy the underlying causes of their behaviour.

The troubled child should be salvaged from becoming troublesome youth.

There is a definite need for redefining various laws and norms too.

Journal of SCHOOL SOCIAL WORK November 2013

Issue 6

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Status Offences by Children: An Overview Asha Mukundan K P* * Asha Mukundan K P, Assistant Professor, Centre for Criminology and Justice, School of Social Work, Tata Institute of Social Sciences, Mumbai.

Introduction: Classfication of children: Status offences are globally In this context, juveniles who were understood as acts of omission or adjudicated for status offences were commission that are deemed often classified as children in need of offences under the law of the supervision (CHINS), persons in need jurisdiction in which the offence was of supervision (PINS), minors in need committed, when committed by of supervision (MINS), juveniles in minors, because of their age at the need of services (JINS), child in need time of the omission or commission of assistance (CINA), families in need of the act. Some of the actions that of services (FINS), and so on. There are labelled as ‘status offences’ in the were also a few states (in US) which global context are sexual behaviour, classified some or all of these consumption of alcohol, running away behaviours as a child protective or leaving home, truancy, service issue implying that the youth ‘uncontrollable’ or incorrigible is neglected or abused by virtue of his behaviour and curfew violations. It is behaviour(s) and there is a need to obvious that status offences are non- create a new social or probation criminal misbehaviours which are service for these children. illegal only for minors. Hence there Indian scenario: was a movement to divert such cases Status offences in the Indian from the juvenile justice system to context are not much researched agencies outside the juvenile court’s written or heard about. The examples jurisdiction because many legislators of running away from home and felt that status offences were minor in truancy, alleged uncontrollable or terms of the crime committed, and incorrigible behaviour, and juveniles were better off having their consumption of alcohol as understood families or some other agency deal in the global scenario are not seen as with the matter than being formally status offences in the Indian context. processed by the justice system These children are treated as children which, it was apprehended, lead to in need of care and protection under labelling and further delinquent acts, the Juvenile Justice Act. There are negating the purpose of rehabilitation. no official statistics available in India Journal of SCHOOL SOCIAL WORK November 2013 03

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to support any claim with respect to status offences.

Given this reality, this article is based on engaging with working with the juveniles in conflict with law through the research on ‘The Status of the Justice Delivery System for Juveniles in Conflict with Law’ and a field action project ‘Resource Cell for Juvenile Justice’ of the Centre for Criminology and Justice, School of Social Work, TISS. Types of status offences: The basis for status offences stems from the legal theory of parens patriae, in which the State recognises that there are certain offences that are harmful to minors, and the courts need to protect minors from such activities.

Given this as the prime mandate, in the Indian context, one can identify two types of status offences. The first kind is status offences which are those actions which if committed by an adult is not an offence but if committed by a child is an offence, while the second kind are actions which if committed by a child is not an offence but if committed by an adult is an offence.

There are a few offences which are debatable and are not clearly termed as status offences because it is left to the subjectivity of the implementers of the law who decide if the action committed by the child is an offence

Volume X or not. This article looks into these two categories and debates the grey areas in the second category of status offences.

Juvenile status offences: Consumption of alcohol, driving vehicles and involvement in sexual behaviour by children are considered as status offences. The definition of a child differs from offence to offence and from place to place. In India, different states have prescribed different age for the consumption of alcohol. States like Karnataka, Kerala, Uttar Pradesh and Goa have set the minimum age to consume alcohol at 18 while Andhra Pradesh, Delhi, West Bengal and Tamil Nadu have set at 21. Maharashtra, Meghalaya and Haryana have set the minimum age of consuming alcohol at 25 years. In a neighbouring country like China, 18year olds are allowed to purchase and consume hard liquor and so is the case in Brazil, Russia, South Africa, Nigeria, Turkey, Thailand, Singapore, the Philippines and England. South Korea permits it at 19 and many states in the US allow alcohol consumption at 21 years.

Minimum age for driving: The minimum age to get a driving licence to drive a geared bike or a four wheel vehicle is 18 years. The age of 18 years was set as minimum age

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Issue 6 given the fact that a minimum sense of judgement is needed to drive, besides knowing the mechanics of the vehicle. However, with simplified vehicles coming into the market, the minimum age to get a driving licence to drive a motor cycle with engine capacity below 55 cc (gearless bike) was reduced to 16 years with the parents’ undertaking.

However, given the social conditioning, young boys find it thrilling to drive bikes with gears. They find gearless bikes to be ‘feminine’, especially in the context that gearless bikes are advertised keeping the female population in mind. Thus there is an increasing trend of boys who steal bikes and drive around in them till the petrol gets exhausted and then abandon the same. They drive around for the joy of riding a bike. In a case like this, a JJB once passed an order of community service and instructed the 16 year old boy who was repeatedly being brought into the JJ system to teach traffic rules to those seeking licences in the RTO. Sex and age: The law does not permit children to get involved in ‘consensual sex’ below the age of 18 years. In the current times, there are an increasing number of minors who are experimenting with sex. Increasing

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number of children get into relationships which they term as ‘falling in love’. Given the resistance from their families, many of them elope. Some claim to get married in a temple and then live together. The family of the girl usually registers a case of kidnapping against the boy.

When the couple is found, even if the girl claims that she went with the boy on her own accord, a case of kidnapping is registered against the boy. In such cases, kidnapping becomes a status offence. If it is found that the minors had engaged in sexual intercourse, a case of ‘rape’ is also filed against the boy. In a case like this, kidnapping and rape become a status offence, despite the fact that there was consent.

Bared from pubs: Boards outside a pub or a bar bear a board which state that patrons cannot enter the premise if they are under 18 years of age. A child who is found inside a bar or pub could be apprehended even if he or she does not engage in drinking or smoking inside a bar or pub.

Adult status offences: In many states, begging has been criminalised. For example, the Bombay Prevention of Beggary Act, 1959, which criminalises beggary, is applicable to Maharashtra and Delhi.

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Around 22 states in the country have some form of law or regulation which criminalises beggary. An adult found begging in any of these states could be remanded to custody and sent to a beggers’ home. However, in the same state, a child found begging is considered to be a victim of circumstances rather than an offender. It is the responsibility of the State to take care of the welfare of children who have no one to take care of them. If the family is not in a position to look after the needs of the child, then the State has to play the role of the guardian under the principle of parens patriae, and provide for his or her needs. In the event that the State fails in its duty, it cannot consider the act of begging by the child as an offence and has to treat the child as a victim. Hence begging is not an offence for this child and he/she is processed as a Child in Need of Care and Protection (CNCP) under the JJ Act. Soliciting: The same logic holds for the act of soliciting in public place for the purpose of prostitution. Under the Immoral Trafficking Prevention Act, 1956, soliciting in a public place for the purpose of prostitution is an offence under section 7 or 8 of the Act. Soliciting is an organised criminal

Volume X activity. It involves identifying a public place which can serve as a place for soliciting and ‘supervision’ of the activity by pimps and agents. But if a minor is found to be soliciting in a public place, she is likely to be ‘rescued’ as a CNCP and taken into a children’s home for rehabilitation.

Even in the event of the child stating that she is soliciting on her own volition, her consent is no consent in legal terms. Thus soliciting is an offence for an adult, but if done by a minor, she is considered as a child in need of care and protection.

Offences on ‘status’ dispute: During our experience, we have come across cases of Bangladeshi children ‘picked up’ along with their parents for illegal immigration treated as Juveniles in Conflict with Law, while in some cases they have been treated as Children in Need of Care and Protection, depending on the understanding and sensitivity of the law enforcers. When the police apprehend Bangladeshi immigrants who have illegally migrated into the country, the Bangladeshi parents are arrested under the Foreigners Act, while the children are processed either as JCL or as CNCP. Maharashtra model: Based on the intervention of the Resource Cell for Juvenile Justice,

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Issue 6 Maharashtra is the only state where the Home Department has issued a Government Resolution stating that these children if are caught or found merely on the basis of being illegal immigrants, they should be treated as CNCPs and not as JCLs, There are many newspaper reports which have carried out news articles on how Delhi has treated such illegal immigrant children as CNCPs although officially there are no guidelines or instructions to treat them as such.

Conclusion: Th e author has tried to consolidate the understanding and field realities related to status offences relating to children in India. It emerges from the discussion that the cultural context here is very different from that of the West. While many countries in the West tend to ‘criminalise’ status offences at least as far as definitions go, the same are treated more as transgressions or indiscretions by children. Most status offences in India

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are treated as child in need of care and protection due to the fact that juvenile crimes in India have not been, until recently, treated with much seriousness by the law makers, implementers and civil society. They have largely been viewed with sympathy as compared to their adult counterparts. It is only due to recent incidents of serious crimes committed by juveniles, for example the Delhi gang rape case that the tide has turned against juveniles in conflict with law. There are recommendations to reduce the age of juveniles from 18 to 16 years in heinous crimes and treat such offenders on par with adult offenders. It is very likely that as more and more serious crimes are committed by youngsters and subsequently highlighted by the media, the mood will change against juvenile offenders which would impact on treatment meted to status offenders in the country. Does the crime come to the fore or the child?

References: Mukundan A (2008): Research Study on the Status of the Justice Delivery System for Juveniles in Conflict with Law, Centre for Criminology and Justice, Tata Institute of Social Sciences. (Unpublished) Jessica R Kendall. Juvenile Status Offences: Treatment and Early Intervention, website, http://www.americanbar.org/content/dam/aba/migrated/publiced/ tab29.authcheckdam.pdf accessed 12th October, 2013 http://articles.timesofindia.indiatimes.com/keyword/drinking-age http://criminal.findlaw.com/juvenile-justice/juveniles-and-age-statusoffences.html http://definitions.uslegal.com/s/status-offence

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Truancy Prevention Programme Sundaravalli T* *Sundaravalli T, M.Sc.(zoo), M.Sc. (Psy), M.Ed., NET, FCECLD, Assistant professor in Psychology, St. Justin’s College of Education, Madurai – 9

Introduction: A status offence involves children’s misconduct that may or may not be a crime if it were committed by an adult.

In other words, the actions are considered as violation of law only because of the youth's status as a minor (typically anyone under 18 years of age). Common examples of status crimes include underage drinking or skipping school. On an average year, approximately 20% of all juvenile arrests in USA involves status offenses.

Types of status offences: The kind of conduct that might constitute a status offence varies by various factors. The most common ones include:  Truancy (skipping school)  Violating a city curfew  Shop lifting  Underage possession and use of tobacco  Underage possession and consumption of alcohol  Running away, and  Ungovernability (being beyond the control of parents or guardians) Truancy has been clearly identified as one of the early warning signs of 08

potential delinquent activity, social isolation, and educational failure.

Several studies have established lack of commitment to school as a risk factor for substance abuse, delinquency, teen pregnancy, and dropping out of school (Bell, Rosen, and Dynlacht, 1994; Dryfoos, 1990; Huizinga, Loeber, and Thornberry, 1995; Rohrman, 1993). Decades of research have also identified a link between truancy and later problems such as violence, marital problems, job problems, adult criminality, and incarceration (Dryfoos, 1990; Catalano et al., 1998; Robins and Ratcliff, 1978; Snyder and Sickmund, 1995).

Truancy: A minor is considered truant if she or he skips school without a valid excuse and without the knowledge of a parent or guardian. States and school districts (in USA) have different standards as to how many absences are required before a student will be deemed truant. In some states, the number is three per year. In others, it's as many as 18 absences. Truancy is defined as an unexcused absence from school, and it also applies to

Journal of SCHOOL SOCIAL WORK November 2013

Issue 6 students who are chronically late.

Truancy accounts for the majority of status offense cases in the juvenile system, and for this reason, many states, countries, and schools have begun to crack down on truancy.

Truant behaviours: The truants can be easily identiied by the following symptoms: Poor self-concept Low self-esteem  Low academics; particularly behind in reading and math Socially isolated Poor inter-personal skills  Lack of positive peer relationships at school  Feeling of not belonging at school Feeling of being different, Lack of control over life  Little or no extra-curricular involvement  Mental and/or emotional instability Childhood depression, Unidentified learning disabilities Visual and/or auditory problems Language barriers Poor health Negative peer relationships Substance abuse Fear of school, teachers, and/or administrators, Experienced recent traumatic event (divorce, death of

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a loved one)  Fear of physical assault on the way to or at school Teenage pregnancy Poor parenting.

Causative factors for truancy: Truancy is a three-fold problem.

Factors contributing to truancy commonly stem from three core areas: school, family and community.

Innate student characteristics and their experiences within all these areas will have a heavy impact on truancy rates. So, depending on the age and circumstances a student will skip school because of safety concerns at school or on their way to or from school, family issues, financial demands, substance abuse, or mental health problems. It is an educational, social, and law enforcement problem. Some of the possible causes and contributing factors of truancy are listed below:  Factors in a child's home or personal life such as drug or alcohol abuse by father at home.  Divorce, physical or verbal abuse Frequent shifting from place to place.  Children from lower income families are more vulnerable to truancy  Non-involvement of parents in

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their child's school life. A hostile school environment Students who lack friends Those who are being bullied Lack of confidence in mental abilities Learning disabilities.  Antagonistic relationships between staff and students. A poor attendance policy. Poor educational advancement due to poor grades Lawful absences: Lawful absences include the following: 1. Absences caused by a student's own illness and whose attendance in school would endanger his or her health or the health of others, 2. Absences due to an illness or death in the student's immediate family, 3. Absences due to a recognized religious holiday of the student's faith, 4. Absences due to activities that are approved in advance by the principal.

Unlawqful absences: Unlawful absences are as follows: 1. Absences of a student without the knowledge of his or her parents 2. Absences of a student without acceptable cause even with the knowledge of his or her parents.

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Volume X Prevention and Intervention: The most effective prevention programmes are comprehensive as the causes of truancy are multifaceted and diverse at the individual, family, school, neighborhood, and community levels. Family members should develop good interpersonal relationship within them especially with the truant. Creating meaningful incentives for parental responsibility Inclusion of parents in all truancy prevention activities.  Family counselling that recognizes and builds on the family’s own strengths and resources,  Involving truants in extracurricular activities. Letters from the principal to the parents – at successive stages of a student’s truancy.  Home visits by school or community staff that emphasizes relationship-building and problemsolving. Conducting family workshops focused on school attendance. Connecting parents with school contact persons with a particular emphasis on outreach to diverse families.

Many researchers conclude that

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Issue 6 schools need to make systemic changes in order to re-engage students who have poor attendance.

Relationship-building: Students need individualized attention at school and build strong relationships based on mutual trust and respect. Students need strong and clear attendance policies.

Intensive school interventions to provide education relevant to the cultural background of the community and to provide a controlled environment that emphasize sacademics and discipline.  Teacher activities such as setting a good attendance example, creating a pleasant classroom environment, attendance reward system, and individualizing student work. Rewarding students with special recognition, certificates, letters to parents, and opportunities to attend special events.  Assigning a truant officer (in USA) to students and families with attendance problems.  Testing chronic truants to determine if there is a learning problem.  Referring chronically absent students to counsellors. A school’s communication with parents should be a two way

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process that includes clear explanations of school rules and the consequences of truancy.

Community interventions: Media campaigns promoting the importance of school attendance and explaining relevant laws. Social workers who are trained, committed, and supported to provide high quality, responsive services and keep youth in the educational mainstream. Making home visits. This targets chronic absenteeism only, and does not have as much effect on overall attendance rates.  A collaborative approach of social service combined with a community-based programme can significantly increase school attendance for extremely high-risk children.  A truancy worker may be appointed to meet the youth and family to provide short-term family counselling. Retired police officers devoted solely to truancy intervention along with a group of parent-volunteers can have an impact among the truants, but much depends on the personality and skill of the officer, availability of resources, cooperation of family members and cooperation of schools.

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Police officers have to detain truant children who are outside school grounds and in theatres, malls or shops during school hours.

Conclusion: Having a clear attendance policy, rewarding students for attendance, assigning a truancy specialist to serious but not chronic cases, and working with parents in multiple ways are proven strategies.

Volume X Also, the student’s grade level and the diversity of families need to be considered in developing truancy programmes. In addition, much research has focused on factors outside of the individual truant child, such as factors that motivate youth to attend school. With every approach taken, it is necessary to include ongoing, rigorous evaluation to measure the impact of the programme.

References: Truancy Guide-A Training and Resource Manual for Truancy Intervention(2005), The Children’s Law Office, USC School of Law in Cooperation With The South Carolina Center for Truancy and Dropout Prevention, South Carolina.

Truancy prevention in action : Best Practices And Model Truancy Programs Executive Summary, (2005), National Center for School Engagement, Colorado Foundation for Families and Children, Denver http://www.susanscheff.net/truancy-causes/index.html http://www.ehow.com/info_8591978_causes-effects-truancy.html http://www.nolo.com/legal-encyclopedia/juvenile-law-status-offenses-32227.html http://www.redorbit.com/news/education/396422/ the_causes_ views_ and_ traits_of_school_absenteeism_and_truancy/

A Note from Editor Please send your articles in DOC format and NOT in DOCX format. Some of our peer reviewers express difficulty to open DOCX format in their computers.

Focus for the month of December 2013: Parenting Issues HSE: Dr Lakshmi Evidence-based or field-based research articles are invited on or before 20th November 2013 to facilitate peer review. Please send along a declaration that the article is original and had not been submitted elsewhere for publication. The references should be in APA style with name of the author(s), year of publication, title of the book, place of publication and publishers as follows: Name, initial (Year): Title of the Book.Place of publication: Publishers.

Name, initial (Year): Title of the Article. Name of the Journal, Volume: issue. pages. ~Ed.

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Impact of Cyberbullying among School Children Sowmya K* * Sowmya K, Research Officer, Academy of Prison and Correctional Administration, Vellore.

Introduction: Cyberbullying is said to occur when a child or teenager is harassed, humiliated, embarrassed, threatened or tormented using digital technology.

This is not limited to the Internet; it also encompasses bullying done through such means as text messages using cell phones. It is important to note that cyberbulling can only happen between minors. It is often a systematic attempt to get another child or teen to feel bad about him or herself through electronic communication. It usually happens more than once, and includes leaving demeaning messages on someone’s Facebook page, uploading embarrassing photos, or spreading gossip or rumours through instant messaging and text messaging.

Humiliation online: There are a number of ways to humiliate and threaten children online.

And because the damage is often psychological, and carries over into the real world, the threats posed by cyberbullying can be very real. There have been cases where cyberbullying has led to severe depression, self harm and even suicide. Conventional

bullying and victimization within schools have been identified as problem, its prevalence together with the physiological and psychological impact amongst children have been investigated and reported upon for some considerable time. However, over the last three decades cyber bullying/cyber victimization has started rearing its ugly head and its prevalence and impact are being investigated. Although up until recently the focus has tended to be on secondary school children Ybarra and Mitchell, (2004) investigated internet use amongst 10-17 year olds also.

Review of literature: Bullying has traditionally been considered to be a school problem.

Smith et al. (2006; 2008) compared instances of traditional and cyber bullying together with traditional and cyber victimization with pupils aged 11-16 years old. With the development and increasing use of ICT (Information Communication Technology) by younger children(aged 11-15 years) together with the increased affordability and accessibility of the internet and mobile phones Journal of SCHOOL SOCIAL WORK November 2013 13

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(MobileLife, 2007; Byron Review, 2008), Monks, Ortega, Robinson and Worlidge (2009) identified bullying and cyberbullying behaviour among high school children. Whilst Ortega, Elipse and Monks (2010) considered the emotional and perceived effects of bullying and cyberbullying. Carr (2004) suggests high self-esteem is a determining factor in positive interaction amongst peers, these peer interactions have been associated with positive psychological well-being.

Difficulties in definition: Technological bullying, known today as cyberbullying, has allowed the problem to expand, become more elusive, and even harder to define.

This form of aggression involves the use of information and communication technology such as mobile phones, video cameras, e-mails, and web pages to post or send harassing or embarrassing messages to another person (Ybarra & Mitchell, 2004).

Different types of cyberbullying have been reported ranging from flaming to cyberstalking. There are seven different categories of common cyberbullying (Willard, 2004): Types of cyberbulling:· Flaming: Sending angry, rude, vulgar messages about a person to an online group or to that person via email or other text messaging.

Volume X Online harassment: Repeatedly sending offensive messages via email or other text messaging to a person.

Cyberstalking: Online harassment that includes threats of harm or excessively intimidating.

Denigration (put-downs): Sending harmful, untrue, or cruel statements about a person to other people or posting such material online.

Masquerade: Pretending to be someone else and sending or posting material that makes that person look bad which can also be termed as identity stealing.

Outing: Sending or posting material about a person that contains sensitive, private, or embarrassing information, including forwarding private messages or images.

Exclusion: Cruelly excluding someone from an online group.

Past victims turn bullies: Research indicates that children who are bullied are also likely to bully others. In a review of the research on bullying at school, Espelage and Swearer (2003) challenged the perception that children can be dichotomously classified as either bullies or victims. Students who bully others using the Internet or their mobile phone are more likely to have

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Issue 6 parents who are less involved with their children’s computer and internet use (Vandebosch, H. and K. Van Cleemput, 2009). These perpetrators are also more likely to report having a poor emotional bond with their caregiver, as well as more frequent discipline and more infrequent monitoring by their caregivers (Ybarra, M. and K. Mitchell, 2004).

Current scenario: Children in India suffer the third highest online bullying rate, after China and Singapore, among the 25 countries surveyed under a recently commissioned project by Microsoft Corporation to understand the global pervasiveness of online bullying. The study revealed that more than 50% of the children in India using the net were either threatened or harassed online and 7,600 children were between the age group of 8-17 years.

(The Times of India). Anup Girdhar, a cyber crime investigator, said that there were several cases of impersonation that occurred through social networking sites. India earlier witnessed stray social media negativity in one case leading to a tragic suicide. Last September, an MBA student of the Indian Institute of Management (IIM), Bangalore committed suicide after her boyfriend dumped her on Facebook. A recent

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‘Tata Consultancy Geny Survey 20112012’ of nearly 12,300 high school students across 12 Indian cities found that 85% of the students use Facebook. The survey indicates that many students in schools underwent cyberbullying through social networking websites and these sites have a tremendous impact on the selfesteem and mindset of children. It is noted that many children were addicted to Facebook and spent nearly six to seven hours online.

Television is no longer the king as Socialogue, a survey on social media trends and behaviour, revealed that 56% of Indians would prefer giving up television than social networking sites.

It revealed that nearly 37% people preferred a large network of friends.

Methodology: Samples selected for this study were 100 students between the ages of 15 and 17 (50 males and 50 females) from three small urban high schools in the city of Chennai.

Purposive sampling technique was used to collect the data using a structured questionnaire from school students. Among the 100 students 83 were victims of cyberbullying.

Results and discussions: The majority 83% of the students admitted they were the victims of cyber bullying which includes 48%

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Volume X

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Fig. 2: Relationship to Victims:

female and 35% male.

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ID

Percentage

From the above fig. 3 we infer that A: Outing 4% 43% of the victims were bullied by B: Flaming 16% their friends, 57% of them by their C: Onlie Harassment14% former friends and especially for girls D: Cyerstalking 32% 14% of the bullies were ex-partners E: Denigration 14% and the majority 71% of them were F: Masquerade 20% strangers. The study has revealed From the above pie chart we infer that when the harassment occurs that 4% were victims of outing (A), online, the victims tend to be in 16% were the victims of flaming (B), mainstream social groups at the 14% of them were harassed school - and the bullies were online(C), 14% of the students were often friends or former friends and exdenigrated(E), 32% of them were partners. Fig.3: Effect on victims: stalked online (D) and 20% were the 20 victims of masquerade (F).

15 Concealed identity: Internet is the perfect environment 10 for students because of anonymity. It 5 is easy for the bully to hide own identity, get access to potential victims, and there’s a huge pool of students who become the victims as well as the bullies. Students find themselves re-victimized when their From the above figure we infer that abusers brag online or forward 12% of the victims changed phone degrading pictures to classmates. to number and Email ID due to 16 Journal of SCHOOL SOCIAL WORK November 2013

Issue 6 bullying. Studies declined in the case of 15% and 23% of the students felt depressed and lonely, 17% of them were anxious and 10% of the victims felt that their relationship with friends got affected. Many teens face cyberbullying which is common among their peers. Teens say there really is no way to avoid coming into contact with some sort of ‘cyber issue’ but they are willing to take the risk if it means they’ll have a ‘cool’ social life.

Suggestions: Message board, chat room, and social networking website administrators should more effectively monitor their sites in order to limit harmful behaviour and protect the privacy of their users. Parents and guardians need to make an effort to teach their children respect, responsibility and report offensive or abusive behaviour, whether it is online or in person.  Faculty, teachers, and other educators should enact and

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enforce policies to create an open and secure learning environment . Students must be educated on the harmful consequences of bullying and cyberbullying.  Young people (peers) who witness acts of bullying or cyberbullying must learn to intervene. “Bystanders” must be empowered to help prevent cyberbullying by becoming “upstanders.”

Conclusion: As technology has evolved, so has the problem of bullying. The rise of the internet may have been hailed as one of the greatest technological innovation of all time, but it has also radically changed the nature of social interactions. The study shows that cyberbullying is a serious problem among teens and it must be addressed. By being more aware of cyberbullying, teens and adults can help to fight it as it haunts many adolescents and teens on a daily basis.

References: Vandebosch, H. and K. Van Cleemput (2009): Cyberbullying amongYoungsters: Profiles of Bullies and Victims. New Media and Society.

Ybarra M. and Mitchell K (2004): Youth engaging in online harassment: Associations with caregiver-child relationships, Internet use, and personal characteristics. Journal of Adolescence.

Ybarra M. L. and Mitchell K J(2004a): Online Aggressor/ Targets, Aggressors and Targets: A Comparison of Associated Youth Characteristics. Journal of Child Psychology and Psychiatry. http://www.clyberbullying.us/Bullying.pdf , retrieved on October 20, 2013.

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Volume X

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Legal Aspects of Status Offenders Geni Philipose * * Geni Philipose, Advocate, High Court, Chennai.

11.900 [Title 25 – Indians, Chapter I – Introduction: A status offence is the behaviour Bureau of Indian Affairs, Department of a child (under the age of 18 years) of the Interior). Because so many although that same behaviour would youth offences lacked criminal not be considered criminal if behaviour, the United States federal committed by an adult. Such offences government mandated in the 1970s include sexual behaviour, alcohol that behaviours such as violating consumption, running away, and curfews, using alcohol or tobacco truancy. Legally, people who break products, being truant, or running laws that are prohibited only to certain away from home be decriminalized. groups are said to have status Those convicted as status offenders offences. These offences include are usually not incarcerated in a misbehaviours such as breaking juvenile justice facility. If court orders tobacco or alcohol consumption laws, are repeatedly violated, however, not attending school, breaking curfew young offenders can be found laws, running away from home, drug delinquent.

Causes for status offence: abuse or being beyond the control of Numerous causes have been parents. Research studies on causes of status offences have identified found for status offences. These personal, family, and school problems include family problems such as as contributing factors. Non-criminal domestic violence or abuse, school violations of the law by adults such problems including academic failure as speeding or illegal parking are also and non-attendance, and personal sometimes called status or regulatory problems including drug use or chronic health problems. Many offences. countries have incorporated Definition: The term Status offence means intervention programmes to help “an offence which, if committed by an youth experiencing these problems. adult, would not be designated a crime Research has been conducted on under Courts of Indian Offences and whether status offenders escalate into Law and Order Code or under an more serious violence or criminal ordinance of the tribe.” (25 CFR behaviours. Juvenile courts generally 18 Journal of SCHOOL SOCIAL WORK November 2013

Issue 6 have authority over three categories of children: juveniles accused of criminal conduct; juveniles neglected or abused by their parents or in need of assistance from the state; and juveniles accused of a status offence.

Familial factors: Family factors which may have an influence on offending include:  The level of parental supervision, Parental disciplining Parental conflict or separation, Criminal parents or siblings, Parental abuse or neglect The quality of the parent-child relationship.

Some have suggested that having a lifelong partner leads to less offending.

Juvenile delinquency: Juvenile delinquency, also known as juvenile offending, or youth crime, is participation in illegal behaviour by minors (juveniles) (individuals younger than the statutory age of majority) Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centres, and courts.

A juvenile delinquent is a person who is typically under the age of 18 and commits an act that otherwise would have been charged as a crime if they were an adult. Depending on the type

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and severity of the offence committed, it is possible for persons under 18 to be charged and tried as adults.

Declining trend: In recent years, the average age for first arrest has dropped significantly, and younger boys and girls are committing crimes. Between 60–80% percent of adolescents, and pre-adolescents engage in some form of juvenile offence. These can range from status offences (such as underage smoking), to property crimes and violent crimes. The percent of teens who offend is so high that it would seem to be a cause for worry. However, juvenile offending can be considered “normative adolescent behaviour” (at least in America) Steinberg, L. (2008) It is when adolescents offend repeatedly or violently that their offending is likely to continue beyond adolescence, and become increasingly violent. It is also likely that if this is the case, they began offending and displaying antisocial behaviour even before reaching adolescence. Moffitt (2006). Originally the term juvenile delinquent referred to any child found to be within the jurisdiction of a juvenile court. It included children accused of status offences and children in need of state assistance. The term delinquent was not intended to be derogatory: its

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literal meaning suggested a failure of parents and society to raise the child, not a failure of the child (Juvenile Law, Free dictionary by FARLEX).

The categories: Juvenile delinquency, or offending, can be separated into three categories: Delinquency, crimes committed by minors which are dealt with by the juvenile courts and justice system; Criminal behaviour, crimes dealt with by the criminal justice system; Status offences, offences which are only classified as such because one is a minor, such as truancy, also dealt with by the juvenile courts. (Wikipedia) According to the developmental research of Moffitt (2006) there are two different types of offenders that emerge in adolescence. One is the repeat offender, referred to as the lifecourse-persistent offender, who begins offending or showing antisocial/aggressive behaviour in adolescence (or even childhood) and continues into adulthood; and the age specific offender, referred to as the adolescence-limited offender, for whom juvenile offending or delinquency begins and ends during their period of adolescence. (Moffitt 2006). Because most teenagers tend

Volume X to show some form of antisocial, aggressive or delinquent behaviour during adolescence, it important to account for these behaviours in childhood, in order to determine whether they will be life-coursepersistent offenders, or adolescentslimited offenders (Moffitt 2006).Although adolescent-limited offenders tend to drop all criminal activity once they enter adulthood, and show less pathology than lifecourse-persistent offenders, they still show more mental health, substance abuse, and finance problems, both in adolescence and adulthood, than those who were never delinquent.

(Aguilar, Sroufe, Egeland, & Carlson, 2000) Juvenile Justice System: Status offences and the treatment of these juvenile offenders have been debated throughout the twentieth century. There is great disagreement about the roles that the juvenile courts should play in determining punishments for status offenders.

Some are opposed to any criminal justice sanctions for such offenders.

However, others believe that the court system established for juvenile discipline is justified in its protection and promotion of safety within the community and towards the children themselves. Although there is a

20 Journal of SCHOOL SOCIAL WORK November 2013

Issue 6 difference between the procedures of the criminal court system and juvenile courts, the laws established to exercise control over juvenile delinquents and status offences have been continuously developed and improved from the conception of this court in the early 1800s.

The 1838 decision: The 1838 decision by the Pennsylvania Supreme Court incorporated parens patriae, and gave the court control over juvenile matters.

Today’s juvenile court system’s purpose to protect underprivileged, atrisk youth, is similar to the intent of parens patriae. The courts established reformation schools whose alleged prospect was “reformation and not punishment [in] the end…The object of charity is reformation, by training…inmates to industry…and, above all, by separating them from the corrupting influence of improper associates.”

Punishment to correction: In 1899, separate Juvenile Courts were established by in Illinois, under the doctrine of in loco parentis, and spread to all fifty states. The justification for creating a [separate] juvenile court was to stop imprisoning children next to adults because children were different from adults and, therefore, should be held to

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different standards. Over time, wide differences have been insisted upon between the procedural rights given to adults and those of juveniles. Thus, menial crimes such as fleeing from parental custody, truancy, drinking and smoking by the under aged, all became acts worthy of intervention for the juvenile courts. Psychological, as well legal, experts agreed, and then as they do now, that this sort of behaviour is usually, in most cases, a precursor of more serious crimes.

Therefore, supervision and imprisonment of these status offenders seemed an effective tool in regulating juvenile crimes and preventing them from transgressing towards worse offences.

Correction to protection: Although much of the juvenile court system has changed since its conception, it is apparent that the established laws for such status offences have continually improved and developed in hopes of protecting the child from further wrongdoings (Tiffany Rose) The culmination of these court decisions understandably led to the McKeiver vs. Pennsylvania case. A question concerning the extent of a juvenile’s right to due process arose.

Should the juvenile courts institute a jury into their court proceedings in

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order to establish full due process protections for children? The court held that “the imposition of the jury trial on the juvenile court system would not strengthen greatly, if at all, the fact finding function, and would continually provide an attrition of the juvenile court’s assumed ability to function in a unique manner.” Thus, since the juvenile justice system was not supposed to be an adversarial process, the Court felt that jury trials were unnecessary.

Need for status offence laws: The development of the juvenile justice system has continually worked to protect its youth from present and future harm. Although there is sustained argument for greater liberation of child’s rights, and many supporters are missing relevant evidence about adolescent decision -making and development. From its conception, the juvenile court system has embodied a large amount of different disciplines (medical, judicial, and psychological) in determining the proper treatment for delinquents and status offenders. That established evidence, arguably, creates a just basis for the juvenile laws.

Protection to prvention: Behaviour charged as a status offence, due in part by faulty decision making, is the act of running away.

Volume X Currently the law is arranged to protect children. Since 1974 with the passage of the National Juvenile Justice and Delinquency Prevention Act in United States, programmes have been established, by the juvenile justice system and child welfare system, to supplement short-term crisis intervention to runaway youth.

These programmes are there to aid the youth. However, it is the laws that prohibit children from fleeing parental custody with an aim to protect them.

Most runaways have suffered similar physical and sexual abuse, parental drug and alcohol abuse, and other violent family settings. Yet, because they do not have the financial resources to live alone, they should not look at running away as a solution.

In most cases, these runaways become homeless which becomes an even greater personal and social problem. Runaways, and thus homeless youth, suffer a very high risk for emotional and health problems due to high frequencies of health compromising sexual behaviour and drug use. The established laws are in place to remove these runaways from the street, and if necessary, remove them from any other harmful setting (home). Once again though, the system, using the doctrine of parens patriae, is in place to look after the

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Issue 6 best interest of the child.

Truancy policy of US: School absenteeism, a statutorily created status offence, is another social issue which juvenile courts try to diminish. The law presently defines truancy as, “any pupil subject to compulsory, full time education or to continuation education who is absent from school without valid excuse for more than three days or in excess of 30 minutes on each of more than three days in one school year.” The truancy policy first started in the last half of the 19th century and early 20th century under Compulsory School Attendance Laws. These regulations were established to keep children out of labour markets, to integrate and acculturate children of immigrants, and to afford young people protections from hazards of the street, workplace, and their parents. Schools act in the “formation of an effective delinquency prevention policy.” In addition, it allows pupils to further their skills and education, which benefits their society by creating a more intelligent population.

Truancy breeds delinquency: Long-term studies have established a correlation between truancy and delinquency in adolescence and adulthood. There is evidence that truants engage in higher

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levels of juvenile delinquency and have more convictions as young adults (17-24 years old). They also have lower status jobs, unstable job history, and higher levels of anti-social activities. All of these factors help defend the importance of regular school attendance and the laws that ensure such educational participation (Tiffany Rose) Status offences in India: In India often the term status offences are not used and it is generally classified as children in need of care and protection. It is not a problem which can be ignored.

According to statistics 40% of India’s estimated 440 million children are in urgent need of care and protection.

In other words, 176 million children are currently being exposed to neglect, homelessness, educational problems, physical harm, sexual abuse, and substance abuse, truancy, infectious diseases like HIV and are in poor physical and mental health.

Although laws and institutions to safeguard these children exist, implementation is extremely poor.

Ignored and invisible  Sunita is a 13-year-old rag picker. She was abused and injured by a local gang while working in the dumping grounds.

She was traumatized but was

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compelled to return to work as her family needed the money. Shankar a 15 years old was recently orphaned. His only relative is an uncle who took him in and gave him work. But his uncle is a drug peddler and within days Shankar was caught by the police and brought to an Observation Home. Abdul is a nine-year-old boy who was repeatedly beaten by his violent, alcoholic father. He ran away from home only to be picked up by the police who took him to a Children’s Home. This frightened boy was locked up in jail-like conditions and was beaten, bullied and abused.

Vulnerable children: Most of the children are vulnerable and exposed to offences when a family or a community fails to protect a child. The child moves away from home, often supporting himself and bringing himself up as he knows best.

These children are far more likely to participate in dangerous or criminal activities, get trapped in child marriage or drug addiction, and perpetuate the cycle of abuse or violence.

In many cases, runaways are rescued, taken into state custody and sent to state-run Children’s Homes or, if they are accused of an offence, are

Volume X sent to Observation Homes. But these institutions are often more harmful than helpful.

Child-friendliness: Although the Indian Juvenile Justice Act sets detailed requirements to ensure the child- friendliness of such homes, these are not put into practice. Harsh, jail-like conditions, neglect and physical abuse are not uncommon. When these children are released, they return to the streets, to tough neighbourhoods or to malfunctioning systems of care and protection. They continue to be exposed to violence and abuse, compelling them to engage in dangerous and harmful behaviour.

Putting it simply, the situation is just as difficult, the child even more vulnerable (Aangan, NGO).

Survey by an NGO: In India an NGO survey revealed that 63.6 % of patients coming in for treatment were introduced to drugs at a young age below 15 years.

According to another report 13.1% of the people involved in drug and substance abuse in India, are below 20 years. Heroin, opium, alcohol, cannabis and propoxyphene are the five most common drugs being abused by children in India. A survey shows that of all alcohol, cannabis and opium users 21%, 3% and 0.1% are

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Issue 6 below the age of eighteen.

Child drug abuse: An emerging trend about child drug abusers is the use of a cocktail of drugs through injection, and often sharing the same needle, which increases their risk of HIV infection.

Overall 0.4% and 4.6% of total treatment seekers in various states were children. The problem in India is there are no sensitization programmes about drug abuse in schools or for children out of school.

India does not have a substance abuse policy. There is also a high incidence of charging children under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Children who don’t have access to high quality drugs will use volatile substances such as cough syrups, ointments, glue, paint, gasoline and cleaning fluids. There are very few to zero health centres that deal with child substance abuse problems, especially in the rural areas.

Use of tobacco: The use of tobacco is another major concern amongst children. In India 20 million children a year and nearly 55,000 children a day are drawn into a tobacco addiction. The number is shocking when compared to the 3000 a day new child smokers in the US. The use of certain drugs

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such as whitener, alcohol, tobacco, hard and soft drugs is especially wide spread among street children, working children and trafficked children but there is currently a lack of reliable data on drug abuse amongst children. These children are exposed to violence and abuse, compelling them to engage in dangerous and harmful behaviour.

Putting it simply, the situation is just as difficult, the child even more vulnerable children affected by substance abuse are considered as children in need of care and protection under the Juvenile Justice Act, 2000.

(Child line India) Drug abusing children in India: Substances can be abused in different ways. Substances may be chewed, swallowed, placed on mucous membrane, injected, smoked or inhaled. Drug abuse is a social evil and the effects of it are at individual, familial and societal level. Social – rejection by peers, family , employers, exploitation and violence, crimes may be committed to obtain substance (WHO, 2000).The legislations which are relevant to the abuse are Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act and Juvenile Justice Act.(Special Police Unit for Women and children) ”Educational attainment not only

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affects the economic potential of youth, but also their effectiveness as informed citizens, parents, and family members” says the National Family Health Survey of India (2009).

Currently in India more youngsters discover themselves addicted to drugs than ever before. As a result, de-addiction centres are incorporating “youth specific” programmes into their centres. These youth rehabilitation opportunities can be very beneficial, and often make strides towards a future of total abstinence.

Alcoholism: A study has revealed that children whose parents are alcoholics are at a greater risk of consuming alcohol when they come across stressful situations. The research from the Sahlgrenska Academy, at the University of Gothenburg, Sweden, sheds new light on the link between alcoholic parents and 50 per cent of children having drinking habits in the immediate future.

Legislation for status offences: In India the children who engage in status offences are classified as Children/Juveniles who need care and protection (CCNP) According to Section 2 (d) of Juvenile Justice Act, a child in need of care and protection means: Child who is found without any

Volume X home or settled place or abode and without any ostensible means of subsistence. Child who is found begging or who is either a street child or a working child. Child who resides with a person, whether a guardian of the child or not, and such person has threatened to kill or injure the child or abused and there is a reasonable likelihood of the threat being carried out or has killed, abused or neglected some other child or children and there is a reasonable likelihood of the child in question being killed, abused or neglected by that person.  Child who is mentally or physically challenged or children suffering from terminal or incurable disease having no one to support or look after.  Child who has a parent or guardian, such parent or guardian is unfit or incapacitated to exercise control over the child. Child who does not have parents and no one is willing to take care of or whose parents have abandoned him or who is missing or run away child and whose parents cannot be found after reasonable inquiry.  Child, who is being grossly

26 Journal of SCHOOL SOCIAL WORK November 2013

Issue 6 ISSN: 0976-3759 abused, tortured or exploited for factor by the court. In other words, the purpose of sexual abuse or once a juvenile is found to have illegal acts. committed one status offence, if Child who is found vulnerable that juvenile comes before the and is likely to be inducted into court accused of another status drug abuse or trafficking. offence or a crime, his or her risk Child who is being or is likely to factor for being a repeat offender be abused for unconscionable may justify a stricter punishment in gain. the second case.  Child who is a victim of any Punishments armed conflict civil commotion or When a juvenile court finds that a natural calamity. youth has committed a status offence, Status offences in US: a number of possible punishments Status offences are acts may be imposed: considered wrongful or chargeable The juvenile may be given a only when committed by a minor. They deferred adjudication. This means involve restrictions placed on minors no formal probationary oversight so they will be more likely to attend and no formal ruling that the school, return home at a safe hour or juvenile committed a status offence avoid using or becoming addicted to as long as he or she does not nicotine, alcohol or illegal drugs. commit another for a specific Juveniles charged with a status period of time. offence: The juvenile may be allowed to Are accorded the same duecontinue living at home but placed process rights as a juvenile on probation. The probationary accused of a crime. period usually depends on the Have a formal juvenile record if juvenile’s prior appearances the court decides during its before the court or the severity of adjudication (guilt or innocence) the current offence. phase that the youth committed a · A disposition may be made status offence. This type of record (based on the nature of the offence, sometimes can be expunged from the willingness of the youth’s the court’s files when the juvenile parents to keep him or her at home, reaches the state’s age of majority. etc.) that the juvenile should be Are possibly assigned a risk boarded at a state Journal of SCHOOL SOCIAL WORK November 2013

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school for a period of time.

Juvenile Justice and Delinquency Prevention Act Courts today focus on prosecuting violent gang members more than prosecuting juveniles who commit status offences. In 1974, with the passage of the Juvenile Justice and Delinquency Prevention Act, Congress imposed a greater uniformity and reasonableness to the handling of status offenders.

The act’s goals include: Discouraging the confinement of status offenders after their adjudication hearings, even when courts find that they committed the alleged status offence  Making sure that juveniles entitled to stay under the juvenile court’s jurisdiction are not incarcerated within “sight or sound” of adults Carefully checking that minority juveniles do not represent a disproportionate number of those detained based on the local population Creating the Office of Juvenile Justice and Delinquency Prevention, which conducts research and provides training and funding to state and local juvenile delinquency prevention programmes. All states, territories

Volume X and the District of Columbia must comply with these provisions.

Child in Need of Supervision: A parent, a school official or the police may file a Child in Need of Supervision petition with a court in an effort to help a juvenile who continues to commit one or more of the following status offences: Running away from home  Refusing to obey curfew or continuing to act violently or disrespectfully toward one or both parents or guardians Skipping school regularly Abusing alcohol Loitering in areas forbidden by the police The accused juvenile and his or her parents must sign the petition in the presence of a probation officer, who is responsible for trying to help the family address the wrongful behaviour of the child. (get legal.com) Status offences and system: Traditionally, status offences were handled exclusively through the juvenile justice system. But in the 1960s and 1970s, many states began to view status offence violations as a warning signal that a child needed better supervision or some other type of assistance to avoid future run-ins with the law. This view is grounded in

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Issue 6 fact — research has linked status offences to later delinquency. For the most part, state goals in dealing with status offences became threefold :to preserve families, to ensure public safety, and to prevent young people from becoming delinquent or committing crimes in the future.

In this vein, the 1974 Federal Juvenile Delinquency Act emphasized “deinstitutionalizing” status offences.

This meant giving prosecutors broad discretion to divert status offence cases away from juvenile court and toward other government agencies that could better provide services to at-risk juveniles. Diverting a case before a delinquency petition was filed also allowed a young person to avoid the delinquent label — some believed that label itself impeded a juvenile’s chances for rehabilitation. In 1997, only one in five status offence cases were formally processed by the courts, and even fewer status offence cases actually made it to juvenile court in the first place. That’s because law enforcement officers are less likely to refer status offence cases to juvenile court, compared with delinquency cases. Of those status offence cases that do get referred, 94% involve liquor law violations. Today, most states refer to status offenders as “children or juveniles in need of

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supervision, services, or care.” A few states designate some status offenders as “dependent” or “neglected children,” and give responsibility for these young people over to state child welfare programmes.

States approach status offences in a number of different ways. In some states, a child who commits a status offence may end up in juvenile court.

In other jurisdictions, the state’s child welfare agency is the first to deal with the problem. Some states have increased the use of residential placement for offenders, and others emphasize community-based programmes. But, in all states, if informal efforts and programmes fail to remedy the problem, the young person will end up in juvenile court.

Penalties for status offences: For juveniles who do end up in juvenile court over a status offence, the kinds of penalties the court may impose vary from state to state.

Common penalties for status offence violations include:  Suspending the juvenile’s driver’s license Requiring the juvenile to pay a fine or restitution  Placing the juvenile with someone other than a parent or guardian (such as a relative, foster

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home, or group home), or Ordering the juvenile to attend a counselling or education programme.

If a juvenile violates a court order, most courts have the authority to order the juvenile’s detention at a secure, locked facility. And, in some states, courts can require that the juvenile’s parents attend counselling sessions or parenting classes. (Juvenile Law: Status Offences, nolo.com) The Indian Child Welfare Act: ICWA (The Indian Child Welfare Act ) is a federal law that establishes minimum standards for the removal of Indian children from their families. US Congress set out protections for Indian children and their families after finding “that an alarmingly high percentage of (Red) Indian families are broken up by the removal, often unwarranted, of their children from them by nontribal public and private agencies and that an alarmingly high percentage of such children are placed in non-Indian foster and adoptive homes and institutions.”

ICWA was intended to protect Indian children’s best interests by, among other things, ensuring that when an out of home placement was necessary it would be in a setting which would “reflect the unique values of Indian culture.”

Volume X Any Indian child placed in foster care must be placed in “the least restrictive setting which most approximates a family and in which his special needs, if any, may be met.”

The child should be placed reasonably close to his home and preference should be given in the following order: (i) a member of the Indian child’s extended family; (ii) A foster home licensed, approved, or specified by the Indian child’s tribe; (iii) An Indian foster home licensed or approved by an authorized nonIndian licensing authority; or (iv) an institution for children approved by an Indian tribe or operated by an Indian organization which has a programme suitable to meet the Indian child’s needs.

Conclusion: From its conception, the juvenile justice system has served to provide for and protect its youth. Status offences are manifestation of this duty to protect and serve. Although there has been controversy concerning the correct ways that this system should handle status offenders, the laws were established with the guidance of different disciplines. These different areas of focus have studied the costs and benefits of such adolescent

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Issue 6 behaviours and have espoused valid reasons for the enactment of status offences.. Therefore, it becomes apparent that status offence laws are well conceived as conscientious of the individual and society, and with the established laws and psychologically, empirical evidence, the juvenile justice system has come that much closer to its aim at fairness and protection of children. Juvenile Justice and Delinquency Prevention Act and Indian Child Welfare Act in the United

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States clearly provide for rehabilitating and reforming the status offenders whereas the Juvenile Justice Act in India merely gives provision as Children who are in need of care and protection. The Juvenile Justice Board under the Act has been given the power to understand each case of offending juveniles and rehabilitate them. Therefore it is the responsibility of parents, families and nation to protect, correct and mainstream and take care of our children.

References: Special Police Unit for Women and children http://dpjju.com/ index.php?option=com_content&view=article&id=52&Itemid=164 http://gladstone.uoregon.edu/~uofla/Winter00/Rose.html Juvenile Justice and the Status Offence: An Justification for the Current System By Tiffany Rose Juvenile Law http://legal-dictionary.thefreedictionary.com/Juvenile+Law.Te free dictionary by FARLEX http://www.nycrimecommission.org/pdfs/GuideToJuvenileJusticeInNYC.pdf http://en.wikipedia.org/wiki/Juvenile_delinquency Moffitt (2006). “Life course persistent versus adolescent limited antisocial behaviour”. In Cicchetti, D.; Cohen, D. Developmental Psychopathy (2nd ed.).

New York: Wiley.

Aguilar, Sroufe, Egeland, & Carlson, 2000 http: //public.getlegal.com/legal-info-centre/juvenile-justice/status-offences Juvenile Law: Status Offences http://www.nolo.com/legal-encyclopedia/juvenile-law-status-offences-32227.html Aangan,http://aanganindia.org/the-problem Protection & Child Rights » Vulnerable Children » Children’s Issues » Children affected by Substance Abuse http://www.childlineindia.org.in/children-affectedby-substance-abuse.htm Special Police Unit for Women and children) http://dpjju.com/index.php? option=com_ content&view= article&id=52& Itemid=164 (Drug Abuse in the Indian Youth) http://deaddictioncentres.in/news/drug-alcoholsmoking-abuse-youth/

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ISSN: 0976-3759

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32 Journal of SCHOOL SOCIAL WORK November 2013

Journal of SCHOOL SOCIAL WORK November 2013

Can we expect this co-operation from you?