Juvenile Law Commons^™

An Ounce Of Prevention: A Foster Youth's Substantive Due Process Right To Proper Preparation For Emancipation, Michele Benedetto Neitz

Publications

Part I of this article considers the current challenges facing youth preparing to leave foster care. Youth are failing to receive adequate preparation services while still in the custody of the government. Consequently, emancipated youth are disproportionately represented in homeless, unemployed, uneducated, and incarcerated populations. Part II examines the specific constitutional rights of youth in foster care. As persons in a custodial relationship with the government, foster youth have a substantive due process right to be free from physical and emotional harm. This protection includes services and training as required to “meet the basic needs” of a child. Emancipation preparation …