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Full-Text Articles in Disability Law
Finding Autonomy: The Impact Of Judicial Discretion For Disabled Individuals In The American Guardianship System, Katherine Davis
Finding Autonomy: The Impact Of Judicial Discretion For Disabled Individuals In The American Guardianship System, Katherine Davis
Political Science Honors Projects
This study examines the conflict between guardianship and the American disability rights movement, specifically the shift from a medical to a capability model of disability. Legal guardianship presents judges with a dilemma of favoring individual autonomy or societal protection. This dichotomy manifests in the construction of state statutes where legislators can influence judicial discretion and sway decisions. Through analysis of state statutes, case law, and interviews with judges in Connecticut and Minnesota, this study found that higher levels of discretion do not necessarily translate to increased protection of individual autonomy or the use of alternatives to guardianship. The research points …
Legal Issues In Child Welfare Cases Involving Children With Disabilities, Joshua B. Kay, Frank E. Vandervort
Legal Issues In Child Welfare Cases Involving Children With Disabilities, Joshua B. Kay, Frank E. Vandervort
Book Chapters
This chapter examines the legal framework applicable when child maltreatment and disability intersect. It begins with a brief description of the constitutional foundation forparent-child-state relations. It provides an overview of relevant federal child welfare laws, which today shape each state’s child protection system. It then considers the application of various federal laws governing work with children and families when a child has a disability. In doing so, we consider the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act, and we touch upon Social Security benefits for children. This chapter does not …