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Full-Text Articles in Law

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein Jun 2000

Before It's Too Late: Neuropsychological Consequences Of Child Neglect And Their Implications For Law And Social Policy, Janet Weinstein, Ricardo Weinstein

University of Michigan Journal of Law Reform

Recent developments in the neurosciences have led to dramatic breakthroughs in the area of brain development and the understanding of consequences of neglect. Because this process was heretofore not understood, legislators have been wary of drafting child protection statutes that afforded the possibility for arbitrary interference with families. Strict statutory standards have been adopted that allow coercive intervention only in cases where the child is at substantial risk of imminent physical harm, or after some of the most severe consequences of neglect have been identified. These laws do not consider developmental harm because it does not present an imminent danger ...


The Criminalization Of Child Welfare In New York City: Sparing The Child Or Spoiling The Family?, Alison B. Vreeland Jan 2000

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 ...


The Silent Victims: Children And Domestic Violence, Nancy Ver Steegh Jan 2000

The Silent Victims: Children And Domestic Violence, Nancy Ver Steegh

Faculty Scholarship

Few of us would fail to intercede if we happened upon a child being physically attacked. Most of us would shield even an unknown child from witnessing a traumatic event. If we knew that a child might come to harm, such as a toddler playing in traffic, most of us would escort that child to safety. On a personal level, we are committed to the well being of our children. As a society, however, we close our ears to the cries of the children growing up in violent homes. It is now time to give them voice. New research reveals ...