An Analysis of Realistic Due Process Rights of Children Versus Parents
An Analysis of Realistic Due Process Rights of Children Versus Parents

Author: Raymond C. O'Brien

Publisher:

Published: 2017

Total Pages: 53

ISBN-13:

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The purpose of this Article is to analyze the Santosky presupposition and demonstrate why it is misdirected. In particular, the Article posits that the clear and convincing standard adopted by the Court deprives the child of his or her due process rights. The minimum standard should be reduced to at least one of preponderance of the evidence. Such a standard would recognize the so-called parental presumption, i.e. the historical preference given to parents, but give greater recognition to the rights of the child.This Article examines the due process concerns of parent and child from both a legal and a factual perspective. The legal analysis focuses on the level of proof necessary to terminate parental rights. The factual study examines the rapidly changing portrait of the American family and the efforts of individual states to address the alarming increases in abuse, neglect, and abandonment of children by parents. A synthesis of these factual and legal perspectives serves to illustrate that the best interest of the child is not served by adherence to a constitutional standard that deprives states of their legislative ability to address the significant domestic relations problems within their borders.

Licensing Parents
Licensing Parents

Author: Michael McFall

Publisher: Lexington Books

Published: 2009-01-16

Total Pages: 250

ISBN-13: 0739133535

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In Licensing Parents, Michael McFall argues that political structures, economics, education, racism, and sexism are secondary in importance to the inequality caused by families, and that the family plays the primary role in a child's acquisition of a sense of justice. He demonstrates that examination of the family is necessary in political philosophy and that informal structures (families) and considerations (character formation) must be taken seriously. McFall advocates a threshold that should be accepted by all political philosophers: children should not be severely abused or neglected because child maltreatment often causes deep and irreparable individual and societal harm. The implications of this threshold are revolutionary, but this is not recognized fully because no philosophical book has systematically considered the ethical or political ramifications of child maltreatment. By exposing a tension between the rights of children and adults, McFall reveals pervasive ageism; parental rights usually trump children's rights, and this is often justified because children are not fully autonomous. Yet parental rights should not always trump children's rights. Ethics and political philosophy are not only about rights, but also about duties_especially when considering potential parents who are unable or unwilling to provide minimally decent nurturance. While contemporary political philosophy focuses on adult rights, McFall examines systems whereby the interests and rights of children and parents are better balanced. This entails exploring when parental rights are defeasible and defending the ethics of licensing parents, whereby some people are precluded from rearing children. He argues that, if a sense of justice is largely developed in childhood, parents directly influence the character of future generations of adults in political society. A completely stable and well-ordered society needs stable and psychologically healthy citizens in addition to just laws, and McFall demonstrates how parental love and healthy families can help achieve this.

Children and the Law
Children and the Law

Author: Katherine Hunt Federle

Publisher: Oxford University Press

Published: 2012-10-19

Total Pages: 1197

ISBN-13: 0199750386

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The study and practice of juvenile law is inherently interdisciplinary--a successful practitioner must understand not only the legal implications in the field, but also have a solid grounding in child psychology, child development, neuroscience, sociology, criminology, and social work. The best child-advocates in the law have a firm familiarity with and understanding of the value these other disciplines provide. Children and the Law is a unique coursebook that will revolutionize the way students learn and apply juvenile law. By incorporating the interdisciplinary topics necessary to understand the best practices in child law, author Katherine Federle has carefully selected a vast array of articles, studies, research, cases and statutes that allow students to best understand the law and also help bridge the divide between theory and practice. The book is separated into four main sections: Children and Crime, Children and Protection, Children and Restraints on Freedom, and Children and Decision-Making. Each section in Children and the Law also includes a series of questions, exercises, and problems that encourage students to critically examine legal doctrine and policy in light of available scientific and socio-scientific scholarship.

Children's Rights
Children's Rights

Author: Jean A. Pardeck

Publisher: Routledge

Published: 2012-11-12

Total Pages: 298

ISBN-13: 1136436197

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Get up-to-date information on children’s and parent’s rights Children have a basic human right to be free of abuse and maltreatment. The late Dr. John Pardeck’s Children’s Rights: Policy and Practice, Second Edition comprehensively explores the latest legal, psychological, sociological, policy, and child advocacy issues dealing with children’s rights. Essential issues are clearly discussed involving children at home, in school, in foster care, and in residential facilities. This new edition of The Haworth Social Work Practice Press classic examines the practical and ethical issues inherent in balancing a child’s right to self-determination against the same child’s need to be protected. Children’s Rights: Policy and Practice, Second Edition delves deep into the causes of abuse and neglect and offers help for families at risk. Techniques are presented for case and cause advocacy, as well as venues for family and individual therapy. Other discussions address the role and function of child protective services and the juvenile justice system, a review of effective social policy to protect and care for children, family health and children’s rights issues, and children’s rights in schools and day care facilities. This essential exploration includes extensive references and notes, a list of Web sites, and a comprehensive glossary of influential legal rulings focusing on children’s rights. Children’s Rights: Policy and Practice, Second Edition includes over 100 pages of new and updated material on: new rulings of the Americans with Disabilities Act (ADA) that have implications for children’s rights legal case studies an overview and analysis of the Leave No Child Behind Act children’s rights and school violence an expanded discussion on practice interventions focusing on various approaches for helping children adjust to substitute care an expanded examination on advocacy and children’s rights, with emphasis on legal case studies as a tool for enhancing the rights of children Balancing theoretical considerations, solid information, and practical advice, Children’s Rights: Policy and Practice, Second Edition is an essential resource for child welfare workers, attorneys, educators, students, parents, and social workers.