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Articles 61 - 90 of 172
Full-Text Articles in Entire DC Network
Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon
Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon
Journal of Legislation
No abstract provided.
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner
Faculty Publications
No abstract provided.
The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence
The Peril Of Paroline: How The Supreme Court Made It More Difficult For Victims Of Child Pornography, Janet Lawrence
BYU Law Review
No abstract provided.
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
In Loco Aequitatis: The Dangers Of 'Safe Harbor' Laws For Youth In The Sex Trades, Brendan M. Conner
Faculty Publications
This Article provides the first critical analysis of safe harbor laws, which rely on custodial arrests to prosecute or divert youth arrested for or charged with prostitution related offenses under criminal or juvenile codes to court supervision under state child welfare, foster care, or dependency statutes. This subject is a matter of intense debate nationwide, and on May 29, 2015 the President signed legislation that would give preferential consideration for federal grants to states that have enacted a law that "discourages the charging or prosecution" of a trafficked minor and encourages court-ordered treatment and institutionalization. Nearly universally lauded, the sound …
Easy Come, Easy Go: The Plight Of Children Who Spend Less Than 30 Days In Foster Care, Vivek Sankaran, Christopher Church
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, …
Salvaging "Safe Spaces": Toward Model Standards For Lgbtq Youth-Serving Professionals Encountering Law Enforcement, Brendan M. Conner Esq.
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.
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Meredith Dank, Lilly Yu, Jennifer Yahner, Elizabeth Pelletier, Mitchyll Mora, Brendan M. Conner
Locked In: Interactions With The Criminal Justice And Child Welfare Systems For Lgbtq Youth, Ymsm, And Ywsw Who Engage In Survival Sex, Meredith Dank, Lilly Yu, Jennifer Yahner, Elizabeth Pelletier, Mitchyll Mora, Brendan M. Conner
Faculty Publications
No abstract provided.
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, Christopher K. Peace, Jay Leftwich
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, Christopher K. Peace, Jay Leftwich
Richmond Public Interest Law Review
In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.
The Crossover Court: An Integration Of Child Welfare And Juvenile Justice, And The Next Step In The Reformation Of The Juvenile System In Texas., Samantha Coleman
The Crossover Court: An Integration Of Child Welfare And Juvenile Justice, And The Next Step In The Reformation Of The Juvenile System In Texas., Samantha Coleman
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, The Honorable Christopher K. Peace, Amy L. Woolard
Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, The Honorable Christopher K. Peace, Amy L. Woolard
Richmond Journal of Law and the Public Interest
In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.
Children’S Health In A Legal Framework, Clare Huntington, Elizabeth S. Scott
Children’S Health In A Legal Framework, Clare Huntington, Elizabeth S. Scott
Faculty Scholarship
The interdisciplinary periodical Future of Children has dedicated an issue to children’s health policy. This contribution to the issue maps the legal landscape influencing policy choices. The authors demonstrate that in the U.S. legal system, parents have robust rights, grounded in the Constitution, to make decisions concerning their children’s health and medical treatment. Following from its commitment to parental rights, the system typically assumes the interests of parents and children are aligned, even when that assumption seems questionable. Thus, for example, parents who would limit their children’s access to health care on the basis of the parents’ religious belief have …
Strange Bedfellows: How Child Welfare Agencies Can Benefit From Investing In Multidisciplinary Parent Representation, Vivek S. Sankaran, Patricia L. Rideout, Martha L. Raimon
Strange Bedfellows: How Child Welfare Agencies Can Benefit From Investing In Multidisciplinary Parent Representation, Vivek S. Sankaran, Patricia L. Rideout, Martha L. Raimon
Other Publications
This is the second of a series of articles that examines the role that advocates for parents and families can play in furthering the wellbeing and safety of children. This article highlights emerging parent representation models that expedite the safe reunification of children already in foster care.
The New Permanency, Joshua Gupta-Kagan
The New Permanency, Joshua Gupta-Kagan
Faculty Scholarship
Permanency is a pillar of child welfare law; children generally do better with legally permanent caretakers than in temporary foster care. Historically, when foster children cannot reunify with their parents, states have sought to terminate parental rights and find adoptive families. But recent legal reforms have created a continuum of permanency options, many of which permit ongoing legal relationships with biological parents and do not require termination of biological parents’ rights. Research has demonstrated that such options are as lasting as adoption, and can help more children leave foster care to legally permanent caretakers. This continuum promises to empower families …
Children's Health In A Legal Framework, Elizabeth S. Scott, Clare Huntington
Children's Health In A Legal Framework, Elizabeth S. Scott, Clare Huntington
Faculty Scholarship
The interdisciplinary periodical Future of Children has dedicated an issue to children’s health policy. This contribution to the issue maps the legal landscape influencing policy choices. The authors demonstrate that in the U.S. legal system, parents have robust rights, grounded in the Constitution, to make decisions concerning their children’s health and medical treatment. Following from its commitment to parental rights, the system typically assumes the interests of parents and children are aligned, even when that assumption seems questionable. Thus, for example, parents who would limit their children’s access to health care on the basis of the parents’ religious belief have …
Strengthening Families And Communities To Prevent Youth Violence: A Public Health Approach, Deborah Gorman-Smith, Lauren Feig, Franklin Cosey-Gay, Molly Coeling
Strengthening Families And Communities To Prevent Youth Violence: A Public Health Approach, Deborah Gorman-Smith, Lauren Feig, Franklin Cosey-Gay, Molly Coeling
Children's Legal Rights Journal
No abstract provided.
Legislative Update: The House's Response To At-Risk Children Without A "Home", Sharon Falen
Legislative Update: The House's Response To At-Risk Children Without A "Home", Sharon Falen
Children's Legal Rights Journal
No abstract provided.
Proactive Violence Prevention And Public Safety Reform: Ensuring The United Nation’S Convention On The Rights Of The Child, Ryan Lugalia-Hollon, Meg Helder, Eduardo Bocanegra
Proactive Violence Prevention And Public Safety Reform: Ensuring The United Nation’S Convention On The Rights Of The Child, Ryan Lugalia-Hollon, Meg Helder, Eduardo Bocanegra
Children's Legal Rights Journal
No abstract provided.
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
University of Michigan Journal of Law Reform
The American child welfare system terminates parental rights for thousands of children each year even though adoptive families have not yet been identified for the children. Every year, there are more than 100,000 of these “legal orphans” waiting for new families. Given the lower rates of adoptions for children of color and older children, and the poor outcomes for most youth who age out of the foster care system, the American child welfare system must start to think differently about permanency options for children. This Article proposes a model statutory provision to reinstate parental rights under certain circumstances to give …
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Effects Of Clergy Reporting Laws On Child Maltreatment Report Rates, Frank E. Vandervort, Vincent J. Palusci
Articles
Child maltreatment (CM) reporting laws and policies have an important role in the identification, treatment, and prevention of CM in the United States (U.S. Department of Health and Human Services [US DHHS], 2012). Abuse by a member of the clergy “is not only a personal and emotional betrayal, but [also] a spiritual betrayal, with secrecy amplified by the unprecedented and systemic cover-up committed by the Church hierarchy” (Coyne, 2011, p. 15). Recent controversies have resulted in the consideration of changes in mandated U.S. reporting laws that include increasing requirements for clergy and extension to additional professions (Freeh, Sporkin, & Sullivan, …
Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell
Development And Initial Findings Of An Implementation Process Measure For Child Welfare System Change, Mary I. Armstrong, Julie S. Mccrae, Michelle Graef, Tammy Richards, David Lambert, Charlotte Lyn Bright, Cathy Sowell
Center on Children, Families, and the Law: Faculty Publications
This article describes a new measure designed to examine the process of implementation of child welfare systems change. The measure was developed to document the status of the interventions and strategies that are being implemented and the drivers that are being installed to achieve sustainable changes in systems. The measure was used in a Children’s Bureau-supported national effort to assess the ongoing implementation of 24 systems-change projects in child welfare jurisdictions across the country. The article describes the process for measure development, method of administration and data collection, and quantitative and qualitative findings.
Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin
Footnote Online Supplement: State Truancy Law Compilation, Dean H. Rivkin
College of Law Faculty Scholarship
This compilation of state truancy laws is being provided as a footnote supplement to the forthcoming article No Child Left Behind? Representing Youth and Families in Truancy Matters (2013) by Prof. Dean Hill Rivkin and Brenda McGee, of The Education Law Practicum at the University of Tennessee College of Law. It is an updated version of the laws listed in the Juvenile Law Center’s excellent amicus curiae brief in Bellevue School District v. E.S., Brief of Juvenile Law Center, et al., As Amicus Curiae on Behalf of Respondent, Bellevue Sch. Dist. v. E.S., 257 P.3d 570 (Wash. 2011) …
Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum
Criminals Without Crime: The Dilemma Of The Status Offender, Lawrence N. Blum
Pepperdine Law Review
No abstract provided.
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Graham V. Florida: How The Supreme Court's Rationale Encourages Reform Of The Juvenile Justice System Through Alternative Dispute Resolution Strategies, Heather Hojnacki
Pepperdine Dispute Resolution Law Journal
The article presents information on the reforms in the juvenile justice system of the U.S. through alternative dispute resolution-based strategies which has been illustrated with the U.S. Supreme Court cases Roper v. Simmons, and Graham v. Florida. It discusses rationale of the U.S. Supreme Court in Graham case and analyzes Graham's current and future impact. A proportionality standard expressed in legislative enactments and state practice was applied by the U.S. Supreme Court in Graham case.
Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Issues, Diane Geraghty
Undocumented Children And Families In America: An Interdisciplinary Exploration Of Challenges And Emerging Issues, Diane Geraghty
Children's Legal Rights Journal
No abstract provided.
Improving How Our Child Welfare System Addresses Children, Youth, And Families Affected By The U.S. Immigration Process, Howard Davidson
Improving How Our Child Welfare System Addresses Children, Youth, And Families Affected By The U.S. Immigration Process, Howard Davidson
Children's Legal Rights Journal
No abstract provided.
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth Samuels
Surrender And Subordination: Birth Mothers And Adoption Law Reform, Elizabeth Samuels
All Faculty Scholarship
For more than 30 years adoption law reform advocates have been seeking to restore for adult adoptees the right to access their original birth certificates, a right that was lost in all but two states between the late 1930s and 1990. The advocates have faced strong opposition and have succeeded only in recent years and only in eight states. Among the most vigorous advocates for access are “birth mothers” who surrendered their children during a time it was believed that adoption would relieve unmarried women of shame and restore them to a respectable life. The birth mother advocates say that …
Miller V. Alabama And The (Past And) Future Of Juvenile Crime Regulation, Elizabeth S. Scott
Miller V. Alabama And The (Past And) Future Of Juvenile Crime Regulation, Elizabeth S. Scott
Faculty Scholarship
This essay was the keynote address for a symposium on Miller v Alabama, the 2012 Supreme Court opinion holding unconstitutional under the Eighth Amendment a statute imposing a mandatory sentence of life without parole for juveniles convicted of homicide. The essay argues that Miller embodies a way of thinking about juvenile crime that has taken hold in the early 21st century – an approach that emphasizes the importance for legal policy of developmental differences between juveniles and adults. This emerging trend contrasts sharply with the regulatory approach of the 1990s when moral panics over juvenile crime fueled punitive law reforms …
Evolving Capacities: The B.C. Representative For Children And Youth As A Hybrid Model Of Oversight, Mary Liston
Evolving Capacities: The B.C. Representative For Children And Youth As A Hybrid Model Of Oversight, Mary Liston
All Faculty Publications
This paper explores hybrid models of oversight through an examination of a new institutional creation: British Columbia’s Representative for Children and Youth (BC RCY). The paper argues that societal changes in the conception of children’s worth have significantly affected approaches to child welfare and have also stimulated institutional innovation. The paper begins with a historical overview of the legal and moral status of children, focusing on the child as the subject of government protection, and then considers the evolution of children’s rights in the twentieth century. This conceptual shift from children as passive objects of paternal state care to (near) …
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.