From the Bench

Circuit Judge R. Brent Elliott’s “From the Bench” is a series of articles designed to provide the public with a better understanding of the judicial system and changes in the law. No explanation or example utilized herein should in any way be interpreted as reflecting an opinion, approval, or disapproval of any law. A Circuit Judge’s job is to fairly and impartially apply the law, not change it.

In the last article I discussed the statistics revealing an alarming increase in Juvenile Court abuse and neglect cases. As pointed out, abuse or neglect cases involve some sort of wrongdoing on the part of a parent or guardian that requires court intervention on behalf of the juvenile. 

When an abuse or neglect case is opened, it is sometimes necessary for the court to order the juvenile office to take custody of the subject child(ren) and place them in foster or other residential care. Whether or not such removal and alternative placement is required depends on several factors, including, but not limited to, the severity or frequency of the abuse or neglect.

As indicated in last month’s article, the 43rd Circuit has experienced a dramatic 20% increase in abuse or neglect cases over the course of the last year. Perhaps even more disturbing is the nature and severity of these cases. With four months left in this year, the 43rd Circuit has already taken custody of more children for abuse or neglect than any other year in history.

As of August 28, 2015, 49 abuse or neglect cases have been severe enough to require removal of the children from the home. By comparison, prior years’ removal rates are as follows: In 2008, 12 children were taken into care for abuse or neglect; in 2009, 16 children; in 2010, 31 children; in 2011, 25 children; in 2012, 47 children; in 2013, 36 children; in 2014, 44 children.

Needless to say, all of us should be concerned about the increase and severity in juvenile abuse or neglect cases. Look for the next From the Bench where I will discuss more statistics relating to our Juvenile Courts. 

PERSONAL NOTE: In the last couple of articles I mentioned a couple of birthday parties I had recently attended. I experienced a milestone birthday in August and can only hope my son, Connor, benefits as much as I did when my father turned sixty. You see, when I was 15 and my father 43, he was virtually ignorant. When I hit 32 and he reached 60, he began to understand things better. From age 60 until his passing at 83 my father became incredibly wise. I only hope Connor observes this same phenomena as I grow older.