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Articles 1 - 6 of 6
Full-Text Articles in Law
Creating And Maintaining Consistent Standards Regarding The Role Of Parental Substance Abuse At Shelter Care Hearings In Washington State, Emma Vanderweyst
Creating And Maintaining Consistent Standards Regarding The Role Of Parental Substance Abuse At Shelter Care Hearings In Washington State, Emma Vanderweyst
Washington Law Review
When Child Protective Services (CPS) removes children from their home in Washington State, the State must hold a shelter care hearing within seventy-two hours to determine where the children should be placed while the investigation and dependency hearing proceed. RCW 13.34.065 requires the State to return a child to their parent’s care if there is a parent capable of caring for the child and there is no “serious threat of substantial harm” to the child. However, in July 2023, the Washington State Legislature will update RCW 13.34.065 to reflect a recently passed bill. This bill heightens the previous burden and …
Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry
Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry
West Virginia Law Review
West Virginia has one of the highest rates of children in foster care—and thus removed from their families—in the United States. Recent scientific and social science research has shown that removing children from their parents’ home is a traumatic event in and of itself, causing further harm to children already experiencing abuse and neglect. Federal legislation in the past ten years requires that states make reasonable efforts to address issues of abuse and neglect prior to removing children from their homes. West Virginia, for many reasons, is not doing so. West Virginia’s state child welfare agency, Department of Health and …
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
Fearing The Bogeyman: How The Legal System's Overreaction To Perceived Danger Threatens Families And Children, David Pimentel
Pepperdine Law Review
In the last generation, American parenting norms have shifted dramatically, reflecting a near obsession with child safety and especially the risk of stranger abduction. A growing body of literature shows, however, that the threats to children are more imagined than real, and that the effort to protect children from these “bogeymen” may be doing more harm than good. Advocates of “Free-Range” parenting argue that giving children a long leash can help them learn responsibility, explore the world outside, get physical exercise, and develop self-sufficiency. But the State, usually acting through Child Protective Services (CPS), is likely to second-guess parents’ judgments …
Differential Response: A Dangerous Experiment In Child Welfare, Elizabeth Bartholet
Differential Response: A Dangerous Experiment In Child Welfare, Elizabeth Bartholet
Florida State University Law Review
Differential Response represents the most important child welfare initiative of the day, with Differential Response programs rapidly expanding throughout the country. It is designed to radically change our child welfare system, diverting the great majority of Child Protective Services cases to an entirely voluntary system. This Article describes the serious risks Differential Response poses for children and the flawed research being used to promote it as “evidence based.” It puts the Differential Response movement in historical context as one of a series of extreme family preservation movements supported by a corrupt merger of advocacy with research. It argues for reform …
How Child Abuse Hotlines Hurt The Very Children They’Re Trying To Protect, Dale Margolin Cecka
How Child Abuse Hotlines Hurt The Very Children They’Re Trying To Protect, Dale Margolin Cecka
Law Faculty Publications
The recent media obsession with “free range” parenting has illuminated a policy issue which rarely affects parents who debate free range parenting: the exploitation of child abuse reporting hotlines.
Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa
Count The Brown Faces: Where Is The “Family” In The Family Law Of Child Protective Services, Ana M. Novoa
Faculty Articles
Can a system developed from intrusion into the lives of the poor be reconstituted to provide services that will nurture the quality of the lives of all children? If not, then the system should be scrapped and start over. Child Protective Services (CPS) has never recovered from its roots in distrust and discrimination against the poor and its mistaken defense of a false moral high-ground, which is perceived from the narrow focus of child-saving rather than on the legitimate and long term needs of children. The foster care system’s lack of concern for natural parents reflects centuries of a dual …