(i.e. from Park and Burgess of the Chicago School of Sociology, that
environment and social position shape behavior), demanding that the judicial
and administrative systems should work in tandem to provide the necessary
protection and supportive resources to juveniles whose families may be
dysfunctional. However, the Juvenile Justice Act fails to expressly define the
transition mechanism for different types of protective treatment; and moreover
the Judicial Yuan does not have the budget to cover the expenses incurred
within the transition from probation/parole supervision into alternative
placement. Accordingly, a juvenile inmate under probation/parole supervision
who needs placement due to changes in circumstances can often only be
transferred to another prison to undergo “reformatory education,” instead of
“placement guidance.” This is in contravention of the principle of “utmost
avoidance of imprisonment” in juvenile justice protection.
64.
In order to establish comprehensive policies to guide children and juveniles,
the 1987 Protection of Children and Youth Welfare and Rights Act of Taiwan
defined welfare services, such as placement and guidance, as one link in social
control. However, delinquent juveniles have complex and diverse needs, and
institutions often face difficulties, such as inadequate resources, professional
response mismatched to needs, and manpower that falls short of that required
by law. The Ministry of Health and Welfare should guide the educational
welfare institutions to minister to the needs of different groups and seek
diversified development. Placement counseling was included through the
amendments to the Juvenile Justice Act in 1997, and the Judicial Yuan and
Executive Yuan have since negotiated measures to establish a platform to
integrate resources. Although the number of juveniles in placement under the
judicial system has declined significantly in recent years, it is still necessary
to establish an optimally cooperative model to provide treatment and bridge
services that serve the best interests of children and juveniles.
65.
While “placement counseling” constitutes part of community treatment, it
nevertheless takes the juvenile away from his/her family of origin, and this is
detrimental to the bond between the juvenile and his/her family/community. It
is also considered as a penalty that restricts personal freedom. In addition,
issues such as insufficient institutional capabilities and inconsistent internal
management, cannot be overlooked. Given the rise in sexual assault and
incidents of violence in institutions recently, the Judicial Yuan should
supervise its courts to give attention to the internal management, disciplinary
practices and complaint channels of certain contracted institutions. In fact, it
is currently very difficult to carry out the compulsory parenting counseling
mandated by the Juvenile Justice Act and Protection of Children and Youth
Welfare and Rights Act. The Judicial Yuan is should complement study of
individual cases and successful examples with theories from social work to
research how to enhance the willingness of parents to cooperate through the
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