8.6: Dual Status / Dependency vs Delinquency
It is important to understand the concept of “ dual status ” in juvenile law and detention. It may be shocking to learn that a majority of juvenile “delinquents” entered the juvenile justice system through dependency. As a result of parental abuse, neglect or incarceration, a child can enter the system at any point in their life as a dependent . This means their parent can no longer care for them. A majority of dependents are placed with another relative, but not all. Those children often end up in foster homes or group homes.
When a juvenile enters the juvenile justice system as a result of parental neglect or abuse it is called dependency . The area of law that governs how we treat juveniles in California falls under the Welfare and Institutions Code section 300:
ARTICLE 6. Dependent Children—Jurisdiction [300 - 304.7]
(Article 6 added by Stats. 1976, Ch. 1068.)
300.
A child who comes within any of the following descriptions is within the jurisdiction of the juvenile court which may adjudge that person to be a dependent child of the court.
When we look at juvenile delinquency, these are juveniles that have committed a crime. In juvenile courts, this is called wardship and is also guided by the Welfare and Institutions Codes but falls under section 602 in California.
ARTICLE 14. Wards—Jurisdiction [601 - 608]
(Heading of Article 14 renumbered from Article 5 by Stats. 1976, Ch. 1068.)
602.
Except as provided in Section 707, any person who is under 18 years of age when he or she violates any law of this state or of the United States or any ordinance of any city or county of this state defining crime other than an ordinance establishing a curfew based solely on age, is within the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court.
(Amended November 8, 2016, by initiative Proposition 57, Sec. 4.1.)
The concerning part of this distinction is many “juvenile delinquents” who commit crimes began in the juvenile dependency court as a result of abuse or neglect. We refer to these juveniles who fall under both dependency as an abused or neglected child and as a ward after committing a crime as “Dual Status” because they fall under both conditions in the Welfare and Institutions Code.
Pin It! Dual Status
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