因應《少年事件處理法》修法後學校輔導人員專業倡議策略之探討

A Study of Professional Advocacy Strategies for School Counselors in Response to the Amendment of Juvenile Justice Act

《少年事件處理法》於2019年修法，對於觸法行為、曝險行為及偏差行為的定義及處置有所改變，對少年的定義也限縮至12歲以上未滿18歲，並強調未滿12歲兒童偏差行為輔導回歸教育及社政。本研究以文獻分析法整理對偏差行為少年或兒童、曝險少年及觸法少年的輔導措施及司法措施，探討此修法對於學校之衝擊，包括學校輔導、家庭教育，以及面對不同司法措施之因應，並且提出學校輔導人員專業倡議的重要性、意義及方法。最後，本研究提出因應修法後對於學生重大偏差行為輔導或觸法少年轉銜就讀之輔導倡議策略，包括了解微觀系統的風險及保護因子、將創傷知情的觀念注入組織文化，以及透過倡議及溝通來強化系統合作，以呼應《兒童權利公約》重視兒少的自由權、生存權、受教權及禁止歧視之原則。

The Juvenile Justice Act was amended in 2019 to change the definition and treatment of delinquent behavior, risky behavior, and other deviant behaviors. The amendment also limited the definition of juveniles to those over 12 and under 18 years of age, and emphasized that counseling for deviant behaviors of children under twelve years old should return to education and social system. Through conducting document analysis, this study reviewed the counseling and judicial measures for juveniles and children with deviant behavior, risk exposure juvenile and juveniles in conflict with the law, and explored the impact of this amendment on schools, which includes school counseling, family education, and the response to different judicial measures. The importance, significance, and methods of professional advocacy for school counselors were emphasized. Based on the findings, this study proposes strategies for professional advocacy in response to the revised law for counseling students with significant deviant behaviors and transferring juveniles in conflict with the law, which includes providing more counseling for children and adolescents with deviant behaviors, assessing and intervening from a professional position, and strengthening systemic cooperation through advocacy and communication. The proposed strategies are in line with the principles of the Convention on the Rights of the Child, which emphasizes children’s rights to freedom, survival, education, and the prohibition of discrimination.