(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 31

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