Law Commons^™

Reflections On The Future Of Child Advocacy, Bobbe J. Bridge

University of Michigan Journal of Law Reform

This Essay emphasizes the foster child's rights to well-being and permanency, as well as safety. Noting an ongoing parent-centered approach, this Essay advocates a new paradigm, moving away from a focus on adults and toward a focus on the child. This Essay concludes by reviewing recent advances that promote a child-centered approach.

Neither Dyad Nor Triad: Children's Relationship Interests Within Kinship Caregiving Families, Sacha M. Coupet

University of Michigan Journal of Law Reform

Utilizing a research design lens as a platform for exploring children's relationship rights, this Essay examines first, the limitations of a rights-based framework and second, insufficient participation by children in decision-making regarding their access to and interest in relationships with significant others. This Essay posits that neither the dyadic rights-based framework in domestic relations nor the, ostensibly, triadic one in child welfare serve the interests of children, since children's rights are invariably subordinated to those of adults and the state. In place of a rights-based approach, this Essay endorses an interests-based model more attuned to the holistic aim of child …

Behavioral Genetics And The Best Interests Of The Child Decision Rule, David J. Herring

University of Michigan Journal of Law Reform

This Article proposes that modern child custody law should be reassessed in light of recent scientific findings. Judicial determinations of custody use the "best interests of the child" rule. The rule is justified to a large extent by the goal of maximizing child developmental outcomes. The assumption is that a child whose "best interests" are protected stands a better chance of becoming a socially well-adjusted, productive and prosperous citizen.

Recent child development studies have shown that so-called "shared environment, "or home environment factors have little effect on child development so long as the shared environment is minimally adequate. Genetics and …