Download or read book An Analysis of Realistic Due Process Rights of Children Versus Parents written by Raymond C. O'Brien and published by . This book was released on 2017 with total page 53 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Licensing Parents written by Michael McFall and published by Lexington Books. This book was released on 2009-01-16 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Children and the Law written by Katherine Hunt Federle and published by Oxford University Press. This book was released on 2012-10-19 with total page 1197 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Children s Rights written by Jean A. Pardeck and published by Routledge. This book was released on 2012-11-12 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book United States Code Annotated written by United States and published by . This book was released on 2006 with total page 738 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes: Constitution of the United States annotated.
Download or read book The Hastings Law Journal written by and published by . This book was released on 1996 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Hastings Law Journal written by and published by . This book was released on 1996 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Temple Law Review written by and published by . This book was released on 2000 with total page 1474 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Widener journal of public law written by and published by . This book was released on 1997 with total page 888 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Child the State written by Laurence D. Houlgate and published by . This book was released on 1980 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book makes a significant contribution in two areas: the ethical foundations of legal rights of children and the practical reform of our present law regarding juveniles. ... The book provides an overview of the current legal status of the child under U.S. law, an analysis of relevant Supreme Court decisions, and an extended critique of the philosophical arguments for treating children differently from adults under the law"--Jacket.
Download or read book University of Louisville Journal of Family Law written by and published by . This book was released on 1996 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Missouri Law Review written by and published by . This book was released on 1997 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Mexico Law Journal written by and published by . This book was released on 1996 with total page 940 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Children Parents and the Law written by Leslie J. Harris and published by Aspen Publishers. This book was released on 2002 with total page 1016 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ideally suited for child-focused courses that deal with the juvenile justice system or child-parent issues. This concise new casebook offers a perfect balance of scope and depth. Developed from the authors' successful Family Law casebook, Children, Parents, And The Law zeroes in on: Rights of Children, Parents, And The State Decisions About Medical Care the Juvenile Court Child Abuse and Neglect the authors draw on their own classroom experience and: utilize a series of problems throughout the book some short, others longer and more complex to explore each topic take an interdisciplinary approach, drawing information from psychology and sociology where appropriate maintain a balanced perspective in their coverage of the issues, with no ideological bias provide sufficient coverage of juvenile courts to make the book extremely effective in courses with that focus
Download or read book Shepard s Causes of Action Second written by and published by . This book was released on 1993 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Family Law in Perspective written by Walter Wadlington and published by Foundation Press. This book was released on 2007 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous edition, 1st, published in 2001.
Download or read book Representing Parents in Child Welfare Cases written by Martin Guggenheim and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Representing Parents in Child Welfare Cases is a guide for attorneys representing parents accused of parental unfitness due to abuse or neglect. Competent legal representation is often the sole support a parent has when working with the child welfare system. This book provides practical tips for attorneys at each stage of the process.
