Behind the Courthouse Doors

Abstract

The institutional control of children in the family courts addressed the historical development of the juvenile and later family courts that were established to address the treatment of vulnerable families. These courts were intended to be a progressive effort addressing the problems of child maltreatment, juvenile delinquency, and custody in an informal and confidential judicial forum. Rather than overseeing formal litigation, judges were to be team leaders who presided over an interdisciplinary team to address all of the family’s problems. From the onset, these courts lacked sufficient funds and training needed to address the complex problems of vulnerable families. This book addresses the research on the historical development of the juvenile and family courts, the related child protection and juvenile delinquency systems, and the judicial treatment of immigrant children. While all these institutions exercise control, without adequate safeguards and monitoring, such control has become coercive in the privacy of what has been referred to as the family courts. This is particularly evident during immigration proceedings when children lack meaningful access to due process protections. The history of these institutions indicates that the family and immigration courts cannot reform themselves. They require outside monitoring, increased transparency, effective judicial training, access to evidence-based trials, and due process protections to prevent institutional coercive control.