Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark
Parens Patriae And A Modest Proposal For The Twenty-First Century: Legal Philosophy And A New Look At Children's Welfare, Natalie Loder Clark
Michigan Journal of Gender & Law
This paper will turn to philosophy to seek material for limiting the exercise of parens patriae power. A significant reduction of the government's role will better serve the modern concern for child rearing which is this century's re-definition of best interests.
The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?, Alison B. Vreeland
The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?, Alison B. Vreeland
Fordham Urban Law Journal
The trend in child welfare has been to err on the side of protection, often considered erring on the side of the child. While this approach may have been appropriate to overcome a long history of State abstinence from involvement in the family domain, it has been under-inclusive in protecting the child's fundamental right to a parent-child relationship. A delicate balance must be struck between family autonomy and State intervention. This balance is best achieved in the family court when the child's best interest is represented and the family is addressed as a whole. Under traditional criminal procedure, which focuses …