JUVENILE DELINQUENCY PREVENTION AND CONTROL

TUESDAY, APRIL 28, 1959

U.S. SENATE,

SUBCOMMITTEE ON JUVENILE DELINQUENCY

OF THE COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D.C. The subcommittee met at 10 a.m., pursuant to adjournment, in room 4232, New Senate Office Building, Senator Joseph S. Clark (chairman of the subcommittee) presiding.

Present: Senators Clark (presiding) and Javits.

Committee staff members present: Stewart E. McClure, chief clerk; Samuel V. Merrick, special counsel to the subcommittee; and G. F. Randolph, minority professional staff member.

Senator CLARK. The subcommittee will be in session.

Our first witness this morning is Judge Thomas J. S. Waxter, American Public Welfare Association, who I think is one of the best qualified individuals in the United States to advise this committee on the subject of prevention of juvenile delinquency in the bills before us. He has devoted a lifetime to social work and dealing with young people and delinquents in the courts of Baltimore and the State of Maryland.

Judge, we are very happy indeed to have you here, and I personally look forward with great pleasure to hearing the testimony of an old friend.

Will you please proceed in your own way?

STATEMENT OF JUDGE THOMAS J. S. WAXTER, MEMBER, BOARD OF DIRECTORS, AMERICAN PUBLIC WELFARE ASSOCIATION, CHICAGO, ILL.; AND CHAIRMAN, NATIONAL COUNCIL OF STATE WELFARE ADMINISTRATORS, AND MARYLAND WELFARE COMMISSIONER

Judge WAXTER. Senator, I have a paper here which has been very carefully prepared by the staff of the American Public Welfare Association.

Senator CLARK. I suggest, with your approval, that we put it in the record in full at this point, where I assure you it will be read by members of the committee and the staff, and that you proceed using as much of the paper as you see fit, but extemporaneously to give us the highlights of your thinking.

(The statement referred to follows:)

8883

STATEMENT OF THOMAS J. S. WAXTER, REPRESENTING THE AMERICAN PUBLIC WELFARE ASSOCIATION

Mr. Chairman and members of the committee, my name is Thomas J. S. Waxter. I am the director of the Maryland State Department of Public Welfare. I am also chairman of the National Council of State Public Welfare Adminis trators and a member of the board of directors of the American Public Welfare Association, which is the organization I am representing here today. I appre ciate the opportunity to appear before your committee to present certain observations concerning proposals for Federal legislation dealing with juvenile de linquency.

THE AMERICAN PUBLIC WELFARE ASSOCIATION

The American Public Welfare Association is an organization of State and local public welfare departments and of persons employed in the field of public welfare at all levels of government. These agencies and individuals are charged with the responsibility for administering the various assistance and service programs, including programs for children and youth, which are established under Federal, State, and local governments.

The association gives leadership toward the improvement of the broad range of public welfare services throughout the country. It serves as a clearinghouse for information through publications, conferences, and consultation. It develops statements of principle which represent areas of agreement on significant aspects of public welfare, and which serve as guides and standards for the field.

The association is vitally concerned with measures which would provide more effectively for the prevention and control of juvenile delinquency. We have followed closely the interests and deliberations of both Houses of Congress in this important area. The association has over a long period participated in the various conferences and advisory groups on juvenile delinquency of the Department of Health, Education, and Welfare. Our own regional and national conferences have also given major attention to this subject.

SENATE LEADERSHIP

I wish in particular to express the sense of encouragement which has come to us through the continuing concern of the Senate in this difficult problem. We are aware that this House did, in 1956, after the most careful consideration, pass a measure designed to bring the Federal Government into more active participation in working toward a constructive solution. This action is the best evidence of the responsible leadership being given by the Senate in this field. I am also pleased to add that our association has been represented at all of the hearings that have been held on the various proposals during the past 5 years. We are hopeful, therefore, that the present inquiries and deliberations of your committee will result in significant advances throughout the Nation in our efforts to prevent and diminish juvenile delinquency.

In preparing this statement we have reviewed Senate bills 694, 765, 766, 1090, and 1341. I should like to comment at the outset that each of these measures clearly indicates an awareness of the seriousness and urgency of the problem and each would, in its own way, have a positive contribution to make. What I should like to do here today is to outline the problems and the needs as we see them, in an effort to assist your committee as it considers these various proposals.

THE PROBLEM

Juvenile delinquency constitutes a major and a growing hazard to the wellbeing of the Nation's children and youth. The responsibility for carrying out specific measures for the prevention and control of juvenile delinquency rests primarily with the States and communities. This is a most complex undertaking which calls for the coordinated efforts of a wide range of agencies and organizations. It should be of concern to schools, churches, courts, police, welfare agencies (both public and voluntary), and to many other organizations and institutions. Actually, it is a responsibility which rests with every individual citizen. Solutions can be found only in the coordination and utilization of the resources of every State and community. The objective must be to support and strengthen wholesome family and community life for all children and youth.

While juvenile delinquency most directly affects the local community, it is also a problem of State and national proportions. Each level of government

must accordingly contribute to the general effort. I have noted with special interest the introductory statements incorporated in the various proposals before your committee which would in effect declare it to be the finding of Congress that juvenile delinquency is a matter of national concern. The American Public Welfare Association would fully concur with such a finding.

Any effective approach to juvenile delinquency must enlist the best efforts of a wide range of agencies under both private and public auspices. Because of the magnitude of the problem and the extent and coverage of services required, however, it is clear that these services must be primarily governmental in character. It is true that very substantial efforts are now being put forth in behalf of children and youth, but the fact that delinquency persists in its present proportions is indicative of the inadequacy of these efforts.

In broad terms the improvement of services for the prevention and control of juvenile delinquency would appear to require the following steps:

1. Expand and strengthen existing services both as to coverage and quality. 2. Bring about a better coordination and sense of common direction among the various agencies and services.

3. Increase the number and competence of personnel available in the professional fields involved in providing these services.

4. Refine the techniques and methods for improving services through various demonstrations and experimental projects which would have general significance. 5. Extend fundamental knowledge through greater emphasis on basic research.

FEDERAL RESPONSIBILITY

I have expressed the view that the public services to deal with juvenile delinquency are primarily the responsibility of State and local government. I should like to emphasize, however, that in all of the above-mentioned areas of needed improvement there are aspects which are especially appropriate for Federal action. These are grants to States to stimulate program development, and the support of activities that contribute in a general way to the advancement of all services throughout the Nation. The latter includes the training of professional personnel, the increase of basic knowledge, the refinement of methods and techniques, and the provision of leadership and technical consultation. In these functions the Federal Government is in the most advantageous position to make substantial contributions.

Grants to States for support of programs

The American Public Welfare Association, in its Federal legislative objectives, takes the position that "Specific provision should be made for Federal financial assistance to States to stimulate and support programs for the prevention and control of juvenile delinquency. This should include research and the training of personnel." I am attaching a copy of these objectives for the record.

While it can perhaps be argued that the States should be able to develop these programs by themselves, there is a considerable body of experience which testifies to the validity of Federal grants for the purpose of stimulating and encouraging State action. Good examples of this type of grant are those which are currently provided for child welfare services, for crippled children's services, and for maternal and child health.

Through grants to States, therefore, a great deal could be done to stimulate the development of needed State and local services. In this connection I would strongly urge that if any such grants are to be made for program support, they be made to a single agency of State government. In our view that agency would most appropriately be the State department of public welfare, but as a matter of principle we would doubt the wisdom of such a specification in Federal law. Rather we believe it would be more desirable for each State to make its own designation of the appropriate agency in the light of its own circumstances. I should also like to submit that the greatest potential for the development of such services lies within the existing structure of the State and local public welfare agencies. Juvenile delinquency arises from many sources and it therefore can only be dealt with through a comprehensive approach. The existing public welfare programs encompass a range of functions and responsibilities which are compatible with this task. It must be readily acknowledged at the same time that no State through its public welfare programs or in any other way is currently in a position to deal satisfactorily with juvenile delinquency. One of the serious shortcomings is the lack of coordination and common purpose among the many agencies and services that are involved, and the continuing

tendency to fragment and particularize these services that should in fact be brought more closely together. The American Public Welfare Association has long been concerned with this as well as with other aspects of the problem of developing adequate juvenile delinquency services. As an expression of this concern the association's board of directors has adopted a policy statement on "State Public Welfare Department Responsibility for Leadership in Juvede Delinquency Services," which sets forth in some detail the nature and substanre of public welfare responsibilities in this respect. I am submitting a copy of this published statement which I should like to have made a part of the record I should also like to call your special attention to the following passages which appear in the statement referred to above:

"Nature and scope of activities needed

"While delinquency, in its technical sense, is a judicially determined status resulting from conflict with the law, so-called delinquent behavior is usualy symptomatic of deprivations and disturbances affecting the total life situation of the individual. The prevention and treatment of delinquency, therefore, require a broad range of facilities and services that are designed to deal with all of the factors that affect the well-being of children and youth.

"Because a judicial finding is often made only after an individual is far advanced in delinquency, these facilities and services must be brought to bear at the earliest indication of maladjustment and upon those aspects of a child's life which may produce maladjustment. The community which expects to det. constructively with the problem of delinquency must consider what steps it cal take to strengthen family life, to encourage wholesome community living, 19 bring about successful teaching and training of children, and especia y to strengthen those helping services concerned with the social well-being d individuals

"This means that in an attack on delinquency the whole community must be involved The individual plays a part in his day-to-day contact with others and through the community programs he supports Important roles are played ir institutions in the fields of religion, education, recreation, employment, a health, both through their basic services to all and their work with individua children In the forefront in this effort is the battery of services which deal wit individual problems: the police, the courts, and the extensive system of seri services which work directly with children and their families in provide individual casework services, and in assuring a basic income.

"The State welfare department is the agency of State government in a strategic position to provide the primary leadership within the State and give the overall unified administrative direction so essential to a fully effective program.

"This is true for many reasons, some of the most compelling of which are the following:

"A. The prevention and treatment of juvenile delinquency require a my range of services which in most aspects are concerned with the same protests that are dealt with by public welfare agencies in all of their other areas 4 responsibility. These include economic dependency, family breakdown, dee tion and abandonment, domestic discord, parental neglect and abuse, beting problems, and emotional disturbances.

"B. Public welfare has as existing structure in every locality in the Nee "C. Public welfare agencies are already in touch with a large seguent the population that is highly exposed to conditions which lead to jure delinquency.

“D. State welfare departments are already deeply involved in col organization for developing needed services for families and children. Personnel training

The present stage of qualified personnel automatically places a very nite limitation upon the potentialities of any effort toward the imp of services for the prevention and control of juvenße delinqu»-ney 4:5 pansion of staff by one agen ↑ is almost of necessity achieved by entering we ers from another agency where they are usually just as urgently needed Sy and local governments encounter many obstacles when they undertake to st ment their professional staff through educational grants and stipends Be of the competitive situation that generally prevails, the agency that does ausuch an effort too often finds that it is merely contributing to the genera: >> pir, without deriving any greater advantage than its competitors Ferr for

agencies are in a position to justify such expenditures that cannot be shown as producing direct results for their own programs.

It seems quite clear, therefore, that the only way in which any appreciable inroad can be made on this chronic shortage of staff is through a major participation by the Federal Government in the training of professional personnel.

There is now Federal support for training of personnel, such as in the fields of mental health and vocational rehabilitation. In many respects the disciplines for these fields are the same as those required in delinquency services. In one sense, therefore, these training programs all contribute to the general pool and thus benefit all services. It should be noted, however, that these other services are also expanding, and use from the pool at least as much as they put in. Every other field must therefore contribute its share.

For these reasons we note with approval the authorizations for appropriations for the training of personnel which are included in several of the proposals under consideration. It is our view that some measure of this kind would be a step of major significance toward a solution of the chronic personnel shortages that currently hamper all serious efforts to alleviate the problem of delinquency.

Special projects

The Federal Government is also in a particularly advantageous position to support experimental and demonstration projects that are of general significance. Thoughtful observers are aware of a great many approaches that might be taken and resources that might be utilized in addition to those which are part of our current programs. The potentialities for police and court services, welfare programs (as, for example, aid to dependent children), religious groups, and for schools and the use of school facilities, are surely greater than we seem to realize. Carefully planned and evaluated projects for experimentation and refinement of techniques in these and many other situations hold promise of substantial advances for the total effort in the prevention and diminution of delinquency. Such projects, too, are frequently of a nature to place them beyond the ordinary functions of either State or local government or of privately supported services. Some of these agencies, however, as well as universities and national organizations, do have knowledge and skills and resources that could be energized to produce these urgently needed findings if support of the kind contemplated in proposals now before your committee were forthcoming from the Federal Government.

The authorization of and appropriation of funds for these purposes would enable a great number of agencies and organizations throughout the country to capitalize on talents and resources and knowledge that are not being fully utilized. These findings and demonstrations would point the way for everyone, with long-term results far out of proportion to the initial expenditures. We are most pleased to lend our support to this proposal.

CONCLUSIONS

Juvenile delinquency is a complex, persistent, and pervasive problem which is related, among other things, to the rapid changes occurring in our society, to our negligence in fulfilling some of the obvious needs of children. We know of no measures to recommend which would bring about a quick and easy solution. Approaches must be made on many fronts as I have suggested in this statement. No one can say, however, that by taking these steps the problem will disappear or be reduced to negligible proportions in any specific period of time such as 4 or 5 or 10 years. Yet there must be some conception, on the part of agencies having responsibilities in this field, of long-term as well as short-term objectives. It would be especially encouraging if such objectives and the course of their attainment could be shared also by the Federal Government as one of the active participants.

The bills presently being considered by your committee emphasize certain specific objectives for immediate action. Projects to demonstrate and develop techniques and practices for the prevention, diminution, and treatment of juvenile delinquency would have a most important contribution to make. The training of personnel to work in this field would also be meeting one of the greatest needs in developing resources to deal with delinquency.

Similarly grants to States to stimulate and encourage the strengthening and developing of services is another area in which the Federal Government could participate with beneficial results. In this respect, may emphasize once again