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Full-Text Articles in Juvenile Law
Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran
Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran
Articles
In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.
Protecting A Parent's Right To Counsel In Child Welfare Cases, Vivek Sankaran
Protecting A Parent's Right To Counsel In Child Welfare Cases, Vivek Sankaran
Articles
A national consensus is emerging that zealous leagal representation for parents is crucial to ensure that the child welfare system produces just outcomes for children. Parents' lawyers protect important constitutional rights, prevent the unnecessary entry of children into foster care and guide parents through a complex system.
But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran
But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran
Articles
Steven, a minor living with his mother, enjoyed a nurturing relationship with his father, Mark. He saw his father every weekend and looked forward to their time together. Mark looked for ways in which to stay involved in his child's life. Two days ago, the Department of Human Services (DHS) removed Steven from his mother's custody because, unbeknown to Mark, Stevens mother was selling drugs in the home. At the time of removal, the police did not inquire about the whereabouts of Stevens father; DHS immediately placed Steven in a foster home.
Forcing Protection On Children And Their Parents: The Impact Of Wyman V. James, Robert A. Burt
Forcing Protection On Children And Their Parents: The Impact Of Wyman V. James, Robert A. Burt
Michigan Law Review
This Article will focus on one of the concerns implicated in Wyman: the government's power to force assistance for the protection of children, when they or their parents are unwilling to accept that assistance. The state's protective purposes in insisting that Mrs. James accept its assistance or suffer serious loss of benefits played an important role in the Wyman decision. Only a few years ago, in In re Gault, the Court refused to defer to a state's similarly beneficent motives when it was asked to withhold the imposition of procedural safeguards in juvenile delinquency proceedings. Wyman does not …