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Full-Text Articles in Law
A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell
A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell
Articles
Removing children from their parents is child welfare's most drastic intervention. Research clearly establishes the profound and irreparable damage family separation can inflict on children and their parents. To ensure that this intervention is only used when necessary, a complex web of state and federal constitutional principles, statutes, administrative regulations, judicial decisions, and agency policies govern the removal decision. Central to these authorities is the presumption that a healthy and robust child welfare system keeps families together, protects children from harm, and centers on the needs of children and their parents. Yet, research and practice-supported by administrative data-paint a different …
A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell
A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell
Marquette Law Review
Removing children from their parents is child welfare’s most drastic
intervention. Research clearly establishes the profound and irreparable
damage family separation can inflict on children and their parents. To ensure
that this intervention is only used when necessary, a complex web of state and
federal constitutional principles, statutes, administrative regulations, judicial
decisions, and agency policies govern the removal decision. Central to these
authorities is the presumption that a healthy and robust child welfare system
keeps families together, protects children from harm, and centers on the needs
of children and their parents.
Yet, research and practice—supported by administrative data—paint a
different …
Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith
Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith
Faculty Publications
Due to the opioid use epidemic and an overwhelmed public child protection system, minor guardianship is an increasingly important tool for relative caregivers seeking to obtain legal authority regarding the children who come into their care because of a parent’s crisis. Yet minor guardianship originated in colonial law for an entirely different purpose: to protect legal orphans who had inherited property. Today’s guardianship laws are still based on this “orphan model” which does not fit today’s reality. This Article is the first to analyze how these outdated guardianship laws are being used as a form of “private child protection” and …