National Judges Group Endorses End of the Valid Court Order Exception

by Kids Forward | March 17, 2010

Home 9 Youth Justice 9 National Judges Group Endorses End of the Valid Court Order Exception ( Page 42 )

After careful consideration the Board of Trustees of the National Council of Juvenile and Family Court Judges (NCJFCJ) has voted to endorse the elimination of the Valid Court Order (VCO) exception as it relates to holding some youth in secure custody. The VCO exception has allowed states to confine status offenders (under limited circumstances) in secure custody. While some states have modified their statutes already to prevent this, there are many states, including Wisconsin, in which status offenders can be held in secure detention. Through concerted and collaborative efforts, several jurisdictions in Wisconsin that have been using the VCO exception have steadily been reducing use. But, endorsement by NCJFCJ represents a significant step – as judges may struggle with some very difficult decisions related to youth, there is certainly a tendency to want to have as many options as possible. This endorsement has no legal or binding impact, but it represents what at least NCJFCJ believes is “best practice” and should be of help in passing a re-authorized JJDPA. For more information, you can refer to the WCCF Policy Brief on JJDPA Reauthorization.

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