Report of the Special Committee on Moral Delinquency in Children and Adolescents Part 11

In the foregoing subsections it was sought to show how it came about that the statute itself is not a completely satisfactory one. Some of its provisions were adapted from earlier statutes which dealt with "neglected" and "criminal" children, and "industrial schools".

In the course of the history of the legislation the age of a "child" has been progressively raised from 14 to 15, to 16, to 17, and to 18 years.

Many of those dealt with would scorn to be regarded as "children" in the outside world, but they are glad to have the advantages accruing from being dealt with in a Children's Court.

It is pleasing to know that some officers of the Division are concentrating upon preventive work, but just where, and how such work is being done, and the effect of it cannot be measured.

The Committee makes the following recommendations for amendments to the existing legislation:

_(a) The Creation of a New Offence_ under which children of either s.e.x who are guilty of indecent behaviour may be charged as "delinquents" in lieu of the present procedure under which the boy must necessarily be charged and gazetted as a criminal while the girl is not charged at all.

A suitable amending clause would be:

Every child shall be deemed to be a delinquent child within the meaning of the Princ.i.p.al Act who--

(i) Being a male, carnally knows or attempts to carnally know any female child under the age of sixteen years;

(ii) Being a female, incites or encourages a male to carnally know her and permits or suffers him to do so;

(iii) Indecently a.s.saults any other child.

It shall not be a defence to an information or complaint under this section that any child consented to the act.

_(b) The Attendance of Parents at a Children's Court Should be Made Compulsory:_ There is not at present any provision whereby the parents of a child who commits an offence must attend Court. The provision in section 13 (1) that the Justice may require the person having the custody of a "delinquent" child to attend, with or without the child, does not meet present needs.

The Committee therefore recommends the acceptance by the legislature of the following new provision:

In every case in which a complaint or information is laid against any child, or against the parent or guardian of a child, under section 13 of the princ.i.p.al Act, the Justice before whom the said complaint or information is laid shall issue his summons to at least one of the parents of the said child or to the guardian or other person having the custody of such child to appear before the Children's Court with the said child.

_(c) The Court Should Have Power to Make Orders Against the Parents of Offending or Delinquent Children:_ Suitable clauses in this connection submitted for the consideration of the Government are:

(1) Where a child is charged with any offence for the commission of which a fine or costs may be imposed, if the Court is of the opinion that the case would be best met by the imposition of a fine or costs, whether with or without any other punishment or remedy provided by the princ.i.p.al Act, the Court may order that the whole or any part of the fine or costs awarded to the informant or complainant be paid by any parent or guardian of such child unless the Court is satisfied that such parent or guardian has not conduced to the commission of the offence by neglecting to exercise due care and control of the child.

(2) In the case of a child charged with any offence the Court may, in addition to or without entering a conviction against the child, order that the parent or guardian give security for the good behaviour of such child in the future for such period as to the Court may appear just and expedient.

(3) The Court may also in its discretion make an order directing that the children's benefit or family benefit payable to the parent or guardian in respect of such child by the Social Security Commission be suspended until the parent or guardian gives the security required by the preceding subsection hereof for such future further or other period as the Court may think fit or until the Court is a.s.sured that the said parent or guardian is exercising due care and control of the child.

(4) A copy of any order made in directing the suspension of the payment of any children's benefit or family benefit shall immediately be forwarded by the Court to the Social Security Commission.

(5) The Court may suspend the coming into force of any such order or may at any time terminate the period of suspension or revoke any order made by it, whereupon the Commission of Social Security may pay to the parent or guardian all such benefits or allowances as would have been payable but for the order of suspension from the date of the said suspension or from such other date as the Court may think fair and just.

(6) Nothing herein shall be deemed to effect or limit the powers vested in the Social Security Commission by sections 62 and 72 of the Social Security Act 1938.

(7) An order under this section may be made against a parent or guardian who, having been required to attend at the Court with the said child, has failed to do so, but, save as aforesaid, no such order shall be made without giving the parent or guardian an opportunity of being heard.

(8) A parent or guardian may appeal to the Supreme Court against any order made under this section.

_(d) When Any Child is Expelled From School Notification of the Fact Should Immediately be Given to the Child Welfare Division:_ The following draft clause expresses what the Committee has in mind:

When any child under the school leaving age has been expelled from school for any reason or any other child has been suspended or expelled for immoral behaviour, it shall be the duty of the princ.i.p.al or the governing body of the school or other person (whichever has the power to suspend or expel), to inform the Superintendent of Child Welfare or the nearest Child Welfare Officer of the fact that the said child has been suspended or expelled from the school, and the said Superintendent or Child Welfare Officer shall immediately on receipt of such information take such action as may be proper or desirable in the interests of the said child.

_(e) Whenever Any Child Has Been Found by the Court to Have Committed an Offence or to be a Delinquent Child or a Child Not Under Proper Control the Princ.i.p.al of the School Should be Informed:_ The suggested clause might read as follows:

Whenever any child has been found by the Court to have committed an offence or to be a delinquent child or a child not under proper control and is either a pupil of a school or is subsequently enrolled as a pupil it shall be the duty of the Superintendent of Child Welfare to inform the princ.i.p.al of such school of the nature of the offence and the circ.u.mstances which led to the delinquency in order that the princ.i.p.al may a.s.sist the said child and protect the other pupils of the school.

_(f) That the Statute Should be Completely Redrafted and the Child Welfare Division Reorganized on an Autonomous Basis:_ In this redrafting and reorganization special regard should be had to:

(_a_) The precise duties expected of every Child Welfare Officer, whether he or she be a member of the Public Service or an "honorary Child Welfare Officer".

(_b_) The provision of Children's Court rooms away from the Magistrate's Court or the holding of sittings of the Children's Court on days when no other Court business is being conducted.

(_c_) The selection of Magistrates who are specially qualified to perform the duties required of a Justice of the Children's Court.

(_d_) The opening of proceedings to accredited representatives of the press, who should not, however, be permitted to publish the names of persons brought before the Court whether as offenders, parents, or witnesses, or any facts by which they may be identified.

(_e_) The taking of the opinion of a school princ.i.p.al on any recommendation affecting the future of one of his pupils.

(_f_) Provisions for a right of appeal from any decision of the Children's Court or from any decision of the Superintendent regarding any child.

_XVII. Summary of Conclusions_

1. s.e.xual immorality among juveniles has become a world-wide problem of increasing importance, but the great majority of the young people of this Dominion are healthy-minded and well-behaved.

2. As s.e.xual immorality is generally clandestine, is often not criminal, and even when criminal may not be detected, there are not any statistics from which it can be shown whether, or to what extent, it has increased.

3. During recent years the pattern of s.e.xual misbehaviour has changed: it has spread to younger groups; girls have become more precocious; immorality has been organized; the mental att.i.tude of some boys and girls towards misconduct has altered; and there is evidence that h.o.m.os.e.xuality may be increasing.

4. The new pattern of juvenile immorality is uncertain in origin, insidious in growth, and has developed over a wide field.

5. Objectionable publications ought to be banned by establis.h.i.+ng a system for the registration of distributors of certain printed matter.

Urgent action is necessary so that publications now banned in other countries will not be dumped into this Dominion.

6. The absence of regulations necessary to make the Film Censor's recommendations effective deprives parents of the protection which the Legislature intended for them.

7. The possibility that children may hear radio programmes unsuitable for them calls for firmness and discretion on the part of parents and more care by the Broadcasting Service in arranging and timing programmes. Serials and recordings giving undue emphasis to crime or s.e.x are not desirable, nor is the frequent repet.i.tion of recordings that are capable of misinterpretation, particularly in times like the present.

8. Advertisers should realize that the increasing emphasis on s.e.x attraction is objectionable to some and, possibly, harmful to others.

9. Although television may not be introduced into New Zealand for some time, plans to cope with its effects on children should be made well in advance of its introduction.

10. There should be a closer bond between school and home. The system of visiting teachers should be expanded and as much liaison as possible established between them and public health nurses.

11. The evidence that the propinquity of boys and girls at co-educational schools contributed to s.e.xual delinquency was not convincing.

12. The value of insisting upon all children remaining at school till they are 15 years of age should be further investigated. When the underlying cause for an application for exemption is misconduct, the exemption should only be granted subject to supervision by a Child Welfare Officer.

13. Whenever a pupil under the care or supervision of the Child Welfare Division is enrolled at a school the princ.i.p.al should be informed of any matters pertaining to the pupil which are within the knowledge of that Division. He should also be consulted as to any recommendation which it is proposed to make to the Court in respect of any of his pupils.