professional juvenile court judges, strengthen the professional
knowledge of judicial personnel (including judges) in regard to children
and youth as well as the CRC, and implement reforms in the
professional juvenile court system.
Judicial Placements
134. Regarding §351 of the Second Report: The Control Yuan found in its
investigation that there have been cases of juvenile offenders being
placed in an overcrowded placement organization 98 that has had 21
cases of sexual abuse over the past 3 years. Officials at judicial agencies
and other related units failed to report these cases of sexual abuse and
discipline via physical abuse in accordance with the law and instead
covered them up. This case indicates a systematic failure in
commissioned placement ordered by local governments, the central
ministries (the MOHW and the MOJ), and the Judicial Yuan, despite
oversight at each government level. From the Control Yuan’s
investigation report, it is clear that the issue of juvenile offenders is a
multi-faceted and complex one. If necessary, out-of-home placement
should be moved from the judicial protection system to the social
welfare system. However, due to the lack of stipulations in the Juvenile
Justice Act, juvenile offenders for whom probation is ineffective are
directly given the most severe punishment - juvenile detention (subject
to reform education) - by judges.99 The Juvenile Justice Act should be
amended as soon as possible to include the practice of switching
juvenile offenders to the social welfare system.
135. Recommendation: The Judicial Yuan should direct an appropriate
amount of funding toward juvenile placements and amend the Juvenile
Justice Act as soon as possible to include provisions stating that
juveniles placed under probation may be transferred from the judicial
protection system to the social welfare system if deemed necessary by
a juvenile court. Furthermore, the Judicial Yuan and Executive Yuan
should implement a contact mechanism and integrate their resource
platforms to provide suitable interventions and the bridging of services
98
99
The Control Yuan investigation report approved on Aug 9, 2018 (Sexual Abuse Cases at a Juvenile
Placement Facility in Nantou).
The Control Yuan investigation report approved on Aug 14, 2019 (Children and Youth Under Judicial
Placement in Nantou Being Rejected by Organizations and Ruled to be Subject to Reformatory
Education).
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