Article Title

Revisioning Juvenile Justice: Implications of the New Child Protection Movement

Publication Title

Washington University Journal of Urban and Contemporary Law


This Article examines the soundness of the new family and community based juvenile justice system. Part I examines the punitive zeitgeist that has developed within the juvenile justice system. Part II then examines juveniles' legal rights to in-home services and concludes that while juveniles may not have an affirmative right to in-home services, they do have liberty interests that protect against unnecessary removals from their homes. Part I details the reasons for directing efforts and resources to support family-based services for delinquent youth. This section explores the problems with current out-of-home placements, policy concerns favoring in-home placements, and the cost-benefit effectiveness of in-home placement programs. Part IV then provides an overview of the new family preservation statutes. These statutes highlight the often self-defeating effect of "defamilization" and state legislatures' interests in nonpunitive approaches to children who require state intervention. Finally, Part V concludes that the new child protection movement should not ignore delinquent youth and cautions against creating the type of boilerplate statutes that have historically plagued the juvenile justice system.