Open Access. Powered by Scholars. Published by Universities.®

Civil Procedure Commons

Open Access. Powered by Scholars. Published by Universities.®

Fourteenth Amendment

Journal of Law and Policy

Family integrity; due process; adoption; constitution; constitutional right; strict scrutiny; emergency removal; emergency removal exception; parenting; parental rights; child; children; children's bureau; child welfare; custody; abuse; child abuse; Child Protective Services; CPS; Administration for Children's Services; ACS; neglect; neglect of a child; Child Abuse Prevention and Treatment Act; CAPTA; Central Register of Child Abuse; Fourteenth Amendment; family law; child's best interest child custody; Tenenbaum v. Williams; Doe v. Kearney; Jane Crow; law; policy

Articles 1 - 1 of 1

Full-Text Articles in Civil Procedure

Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan Dec 2020

Emergency Removals Without A Court Order: Using The Language Of Emergency To Duck Due Process, Jane Brennan

Journal of Law and Policy

For a brief moment during the recent September democratic presidential debate, the ugly underbelly of the child welfare system unexpectedly took center stage. When asked about what responsibility Americans need to take to repair the legacy of slavery, the former vice president responded by propagating a myth that Black parents do not know how to parent. Former Vice President Joe Biden said “[w]e bring social workers into homes and parents to help them deal with how to raise their children. It’s not that they don’t want to help. They don’t—they don’t know quite what to do.” What exactly is it …