Evening star., 1938-04-17
JUVENILE COURT
BILL CONFERENCE
TOBE HELD SOON
King Seeks to Harmonic
Differences on Pending
Legislation.
PAlMlSAN0 ALSO EAGER
TO CLEAR UP MEASURE
60 D. c. Organizations Backing
Program to Modernize and
Humanize Procedure.
BY JAMES E. CHINN.

Chairman King of the Senate Dis.
trict Committee gave assurance yes
terday he would call conference in
the near future in an effort to adjust
House and Senate differences on the
long-pending bill to modernize and
humanize juvenile court procedure in
Washington.
Just as soon as the pressure Of
other business is relieved, I will call
the conferees together" said Senator
King. II don't think that will be
long now"
Chairman Pslmisano Of the House
District Committee, who heads the
House conference group, also is
anxious for an early conference so
legislative action can be completed
on the bill without further delay.
Bearing the Endorsement Of more
than so District organizations and
scores Of individuals interested in
child welfare, the bill passed the
House March /. 1887. The Senate
passed it In August. Since then,
however, the measure has langlshed
in the conference committee
Seeks Chancery Procedure.
The bill is designed primarily TO
substitute chancery procedure for the
present criminal procedure in Juvenile
Court and to give the court original
and exclusive jurisdiction over chill
dren up to 18 years of age who have
broken any Law, with certain reserva-
tior.s as to older children.
In fact, it would make new type
Of court based on the broad principle
that child who comes before the
court is not to be regarded as q GRIM
inal, but as one whose individual well
fare comedies with the well being of
the State and who is to be saved to
it rather than prosecuted by it. The
spirit of the new plan is actually one
of protection rather than punishment
and retribution.
The proposed law is based on the
| Standard Juvenile Court Act which
was drafted by committee Of the
National Probation Association.
/ Twenty States have all of the provi-
sions OF the standard act in their
juvenile court system and most Of the
provisions are in force in 19 other
/ States. The District in fact. is one
! of the few jurisdictions where the
Juvenile Court operates under crlni-
nal procedure.
Would Make Limit II.
! In modernizing the present anti
| uuated law, the bill would raise the
/ jurisdictional age from II to ls. which
is the standard act provision, and the
age increasingly set by States for ju-
veniles in conflict with the law. A
safeguard is provided whereby the
Juvenile Court. at its discretion. may
send to the United States Court for
the District, cases in which children
over 16 are involved in serious Of
fenses But the jurisdiction is in
other respects original and exclusive
up to 10 years.
Ample provision is made in the bill
for dealing with adults guilty Of con-
tributing to delinquency. Initial or
preliminary investigation is provided
before filing of petition. Privacy Of
hearings is provided, but the defini-
tion of privacy does not exclude any
person having legitimate interest
in the case, including legal counsel.
The public in general and morbid
curiosity seekers in particular, alone
are excluded. q
Jury trial, eliminated entirely in
childrens cases in the standard act, is
provided on demand in the bill. Com
plete elimination of jury trial is more
in accord with the spirit of the law
which conceives of the child as q
ward of the court and not on trial
before it, but it was provided ''on
demand" in the bill because the Dis
trist is Federal jurisdiction. Jury
trials in the case Of adults brought
under the act is provided.
Must Know Social Problems.
The judge under the proposed bill
Is not only to be member of the
bar and learned in the law. but must
have, knowledge of social problems
and procedures.
There are only several major diff
ferences between the House and Sen
ate awaiting to be ironed out in con-
| ference. In one case the House bill
gives duly designated officer Of
the court" authority to determine
whether formal jurisdiction should be
acquired and empowers him to file
petition. whereas the Senate bill de-
crees that this authority shall be
vested in the assistant corporation
counsel regularly assigned to the
court.
The Senate bill also restricts some
Of the authority allowed the judge
in the House bill, and precludes the
removal Of a child from the custody
Of his parents unless his welfare and
the safety and protection Of the
public cannot be adequately safe
guarded without such removal" The
House bill would give the court
authority to make such disposition
of q child as it may deem to be best
for his interests.
| Another change made by the Senate
in the House bill removed a section
authorizing the judge to designate
social worker Of the court as COM
mission to hear any case in the first
instance and either to dispose Of it,
or to file petition to'bring it before
the court.
The Senate also Hberaljzed the
secrecy the House bill attempted to
throw around the records of the court.
The House said the court records
should be opened only by order Of the
court. The Senate, however said the
records should be open to inspection
by defendants. their parents or guard
ians. or duly authorized attorneys, but
otherwise only Y order Of the court.