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Juvenile Law Commons

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Articles 1 - 7 of 7

Full-Text Articles in Juvenile Law

Filling The Gaps: Another Way To Tackle The Access To Justice Crisis, Karen Simmons Jul 2016

Filling The Gaps: Another Way To Tackle The Access To Justice Crisis, Karen Simmons

Wilf Impact Center for Public Interest Law

No abstract provided.


Child Protection Law As An Independent Variable, Josh Gupta-Kagan Jul 2016

Child Protection Law As An Independent Variable, Josh Gupta-Kagan

Faculty Publications

Child protection professionals work in a multidisciplinary system in which the law and the family court play central roles and which collects an increasing amount of data. Yet we know little about what impact the law has on whether a child is removed by child protective services, is deemed neglected by a family court, or reunifies with a parent. Do state‐to‐state variations in child protection laws, or changes by individual states to their laws, lead to different outcomes for children and families? The dramatic variations in child welfare practice from one state to another suggest that legal variations do matter. …


When Children Object: Amplifying An Older Child’S Objection To Termination Of Parental Rights, Brent Pattison Apr 2016

When Children Object: Amplifying An Older Child’S Objection To Termination Of Parental Rights, Brent Pattison

University of Michigan Journal of Law Reform

Each year, thousands of children become wards of the state when a court terminates the legal rights of their parents. Between 2010 and 2014, more than 307,000 children lost their legal relationships to their parents in Termination of Parental Rights (TPR) proceedings. A growing percentage of child welfare cases involve older children. At the same time, too many young people lose their legal relationships with their parents without a family waiting to adopt them. The stakes are high for children in TPR cases; nonetheless, many children—even older children—cannot meaningfully participate in proceedings. Moreover, TPR cases threaten parents’ and children’s rights …


Reforming (But Not Eliminating) The Parental Discipline Defense, Hazel Blum Jan 2016

Reforming (But Not Eliminating) The Parental Discipline Defense, Hazel Blum

University of Michigan Journal of Law Reform

This Note argues that although states should retain the parental discipline defense, their legislators should rewrite their statutes to limit the defense to a specific range of disciplinary methods that social science research has shown to have either net-beneficial or net-neutral effects on children. Part II explores religious and cultural attitudes about corporal punishment, including an overview of traditional American attitudes toward corporal punishment. Specifically, it explores how religious teachings, including Evangelical Christianity, Methodism, and Judaism, affect attitudes towards parental discipline. Additionally, Part II will examine the build-up to and aftermath of Sweden’s ban on corporal punishment—the first nation worldwide …


Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Esq. Jan 2016

Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Esq.

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Federal Legislation Protecting Children And Providing For Their Well-Being, Frank E. Vandervort Jan 2016

Federal Legislation Protecting Children And Providing For Their Well-Being, Frank E. Vandervort

Book Chapters

Over the past several decades a national model for child welfare practice has emerged. In Child Welfare Law and Practice, also known as "The Red Book", experienced NACC authors and child welfare advocates have captured and refined that model, offering a comprehensive guide for those who make child welfare advocacy their priority. Designed as a study guide for attorneys preparing to take the NACC Child Welfare Law Certification Exam, the Red Book serves as a day-to-day guide for child welfare advocates across the country, offering in-depth analysis and instruction on wide variety of topics in the field of child welfare …


Easy Come, Easy Go: The Plight Of Children Who Spend Less Than 30 Days In Foster Care, Vivek Sankaran, Christopher Church Jan 2016

Easy Come, Easy Go: The Plight Of Children Who Spend Less Than 30 Days In Foster Care, Vivek Sankaran, Christopher Church

Articles

This article explores the plight of “short stayers” and argues that juvenile courts are failing to use two tools—the federal reasonable efforts requirement and the early appointment of parents’ counsel—to prevent the unnecessary entry of children into foster care. The article also argues that states should give parents and children the right to an expedited appeal of removal decisions to ensure removal standards are properly applied. Finally, this article argues that the federal government must acknowledge the problem of short stayers by utilizing data related to children who may unnecessarily enter foster care in the Child and Family Services Review, …