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Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan
Nudging Improvements To The Family Regulation System, Joshua Gupta-Kagan
Faculty Scholarship
The Restatement of Children and the Law features a strong endorsement of parents’ rights to the care, custody, and control of their children because parents’ rights are generally good for children. Building on that foundation, the Restatement’s sections on child neglect and abuse law would resolve several jurisdictional splits in favor of greater protections for family integrity, thus protecting more families against the harms that come from state intervention, especially state separation of parents from children.
But a close read of the Restatement shows that it only goes so far. It is not likely to significantly reduce the wide variation …
Letting The Kids Run Wild: Free-Range Parenting And The (De)Regulation Of Child Protective Services, Fenja R. Schick-Malone
Letting The Kids Run Wild: Free-Range Parenting And The (De)Regulation Of Child Protective Services, Fenja R. Schick-Malone
Washington and Lee Law Review
Families in the United States suffer from a removal epidemic. The child welfare framework allows unnecessary and harmful intervention into family and parenting matters, traditionally left to the discretion of the parent. Many states allow Child Protective Services (“CPS”) to investigate, intervene, and permanently separate a child from their parents for innocuous activities such as letting the child play outside unattended. This especially affects low-income and minority families.
To prevent CPS from unnecessarily intervening in a family’s decision to let their children engage in independent, unsupervised activities, Utah passed a “free-range” parenting act (“Act”) in 2018. The Act explicitly excludes …