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Juvenile Law Commons

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Full-Text Articles in Juvenile Law

Timely Permanency Or Unnecessary Removal?: Tips For Advocates For Children Who Spend Less Than 30 Days In Foster Care, Christopher Church, Monique Mitchell, Vivek Sankaran Jun 2017

Timely Permanency Or Unnecessary Removal?: Tips For Advocates For Children Who Spend Less Than 30 Days In Foster Care, Christopher Church, Monique Mitchell, Vivek Sankaran

Articles

Removal and placement in foster care is child welfare’s most severe intervention, contemplated as “a last resort rather than the first.” Federal law, with an overarching goal of preventing unnecessary removals, bolsters this principle by requiring juvenile and family courts to carefully oversee the removal of children to foster care. Expansive research reminds the field that removal, while often necessary, is not a benign intervention. Physically, legally, and emotionally separating children from their parent(s) can traumatize children in lasting ways. Yet review of federal data concerning children in foster care reveal a troubling narrative: each year, tens of thousands of …


A Solution To Michigan's Child Shackling Problem, Gabe Newland Sep 2014

A Solution To Michigan's Child Shackling Problem, Gabe Newland

Michigan Law Review First Impressions

Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons, and belly chains. Once security officers bring a child to court in these shackles, the child usually remains in them for her hearing or trial. In Michigan, as in many other states, no statute or court rule requires the judge to decide whether shackles are necessary. This Essay argues that Michigan should pass legislation or amend state court rules to create a presumption against shackling children. Unless a child poses a substantial risk of flight or physical danger and less restrictive alternatives to shackling will not adequately …


No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran Jan 2011

No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran

Articles

The application of a harmless error standard by appellate courts reviewing erroneous denials of counsel in child protective cases undermines a critical procedural right that safeguards the interests of parents and children. Case law reveals that trial courts, on numerous occasions, improperly reject valid requests for counsel, forcing parents to navigate the child welfare system without an advocate. Appellate courts excuse these violations by speculating that the denials caused no significant harm to the parents, which is a conclusion that a court can never reach with any certainty. The only appropriate remedy for this significant problem is a bright-line rule …


Judicial Oversight Over The Interstate Placement Of Foster Children: The Missing Element In Current Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran Jan 2009

Judicial Oversight Over The Interstate Placement Of Foster Children: The Missing Element In Current Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

This article argues that current efforts to reform the Compact are flawed because they lack an essential element: judicial oversight of agency decision-making. The first section explores the important role that juvenile court judges play in making placement decisions for foster children. Next, an examination of the current problems in the interstate placement process demonstrates the vital need for judicial oversight of the system. Finally, a specific proposal is put forth on how best to incorporate judicial oversight without interfering with the sovereignty of states.


Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore Oct 2007

Juvenile Justice: The Nathaniel Abraham Murder Case, Eugene Arthur Moore

University of Michigan Journal of Law Reform

Once in a while, a case will come along that has such an enormous impact on the law that it is certain to draw attention. One such case was the Nathaniel Abraham murder case----a case involving the sentencing of a young eleven-year-old child in a system designed for older juvenile offenders, which demonstrated some of the novel and important issues facing the juvenile courts today. With the onset of such issues, the Juvenile Justice System has developed into a complex field of vital importance. Investing in the Juvenile Justice System allows us to invest in our future. Although frequently viewed …


Troubled Children And Children In Trouble: Redefining The Role Of The Juvenile Court In The Lives Of Children, Ann Reyes Robbins Oct 2007

Troubled Children And Children In Trouble: Redefining The Role Of The Juvenile Court In The Lives Of Children, Ann Reyes Robbins

University of Michigan Journal of Law Reform

This Essay considers the emerging research in the area of dual-jurisdiction children, often referred to as "crossover kids "-those currently or previously involved in maltreatment proceedings who have also committed delinquent acts. Part I describes the development of the juvenile courts in the early twentieth century. Part II of this Essay questions the need to "track" children along one legal path or another and points to the pitfalls of providing services to some children through a criminal justice paradigm instead of treating all children through a social work paradigm. Finally, Part III advocates a redesign of the juvenile court- a …


Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette Oct 2007

Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette

University of Michigan Journal of Law Reform

The participants in the Thirtieth Anniversary Celebration of the Child Advocacy Law Clinic were all challenged to envision the future of child welfare and to address these questions: What should the law and legal institutions governing children's rights and child and family welfare look like in thirty more years? What steps are necessary to achieve those goals? After setting out the historical and optimistic circumstance in which the Child Advocacy Law Clinic was founded, this Article responds to the organizing questions by presenting the author's vision of the future of child welfare law and practice. When families fail children, what …


The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review May 1983

The Public Right Of Access To Juvenile Delinquency Hearings, Michigan Law Review

Michigan Law Review

Despite the differences between the criminal and juvenile court systems, the Supreme Court has extended many criminal procedural safeguards to juvenile delinquency hearings. The Court does not, however, "automatically and preemptorily" apply every procedural safeguard to juvenile hearings; rather, it carefully examines the criminal trial standard in the context of delinquency hearings. Adopting a similar approach, this Note considers the implications of a constitutional right of access to juvenile delinquency hearings. Part I examines the right of access announced in Globe Newspaper and Richmond Newspapers v. Virginia. Part II looks at the juvenile justice system and argues that extension …


From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis Mar 1979

From Rhetoric To Reality: The Juvenile Court And The Decline Of The Rehabilitative Ideal, Samuel M. Davis

Michigan Law Review

A Review of The Best-Laid Plans: America's Juvenile Court Experiment by Ellen Ryerson


The Role Of The Concept Of Responsibility In Juvenile Delinquency Proceedings, Francis Barry Mccarthy Jan 1977

The Role Of The Concept Of Responsibility In Juvenile Delinquency Proceedings, Francis Barry Mccarthy

University of Michigan Journal of Law Reform

The exclusive focus of this article is upon proceedings in which delinquency is· determined, even though the juvenile court generally possesses a broad jurisdiction which covers a variety of matters other than delinquency. There is, however, a fundamental difference between delinquency proceedings and those involving dependency, neglect, or some other domestic problems. These latter proceedings attempt to resolve matters usually concerned with the whole fabric of a family situation and the problems involved therein. A delinquency proceeding, by contrast, has as its primary jurisdictional base the actions of the child. It is quite possible that a child who is engaging …


The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer Jan 1975

The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer

University of Michigan Journal of Law Reform

A primary function of the Juvenile Court is to assist in the protection of children from abuse and neglect. Juvenile court acts, child abuse reporting statutes, and child protective services legislation have incorporated provisions dealing with physical abuse and physical neglect of children. Such legislation enables state intervention into family life for the protection of children exposed to harmful environments. Statutory definitions of abuse and neglect provide a basis on which the community, frequently through the juvenile court, may pass judgment on the existence of child neglect and offer services or coerce family members to accept them. A few states, …


Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review Nov 1971

Juvenile Courts--Juveniles In Delinquency Proceedings Are Not Constitutionally Entitled To The Right Of Trial By Jury--Mckeiver V. Pennsylvania, Michigan Law Review

Michigan Law Review

At a hearing in the juvenile court of Philadelphia in October 1968, Joseph McKeiver was declared a "delinquent child" and placed on probation by a juvenile court judge who determined that McKeiver had violated a Pennsylvania law. The juvenile court petition charged McKeiver, then sixteen years old, with robbery, larceny, and receiving stolen goods as the result of an incident in which McKeiver and twenty or thirty other youths took twenty-five cents from three teenagers. Despite the fact that the evidence against McKeiver consisted primarily of the weak and inconsistent testimony of two of the victims, the juvenile court judge, …


The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen Jan 1970

The Standard Of Proof In Juvenile Proceedings: Gault Beyond A Reasonable Doubt, James Hillson Cohen

Michigan Law Review

Some of those who have studied the question of the appropriate standard of proof in juvenile proceedings have determined that the "preponderance of the evidence" standard-the standard applied in civil cases-is sufficient, and that the criminal standard should not be applied in such cases. Others have suggested that the standard-of proof question is unimportant since the particular standard which is required will seldom, if ever, make a difference to the outcome of a case. The first of these views is the subject to which the bulk of this Article is addressed; the second can be rebutted by the observation that …


Aftermath Of Apprehension: Juvenile Court Judge's Response, John P. Steketee Dec 1969

Aftermath Of Apprehension: Juvenile Court Judge's Response, John P. Steketee

University of Michigan Journal of Law Reform

It would appear that juveniles find apprehension to be a reinforcement of their delinquent behavior. Being apprehended and questioned by the police, referred to juvenile court, meeting a probation officer, and going before a judge, not to mention the status one gains in one's group from police and/or court contact, can be a very significant chain of events for many adolescents who have never known the excitement of personal recognition by parents, school officials or even friends. For the first time, they are recognized and listened to, albeit for the wrong reasons. The attention need not be positive; shouting, scolding, …