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Full-Text Articles in Law
When Did Lawyers For Children Stop Reading Goldstein, Freud And Solnit? Lessons From The Twentieth Century On Best Interests And The Role Of The Child Advocate, Jane M. Spinak
Faculty Scholarship
Between 1973 and 1986, Joseph Goldstein, Anna Freud, and Albert Solnit published three influential but controversial books on the best interests of the child that had an enormous impact on state decisions to intervene in family life and direct the placement of children. During the same period, children in child welfare proceedings were increasingly represented by lawyers or guardians ad litem whose advocacy included understanding and interpreting the meaning of best interests. This article begins by tracing a conversation of sorts that occurs between the authors and other scholars and practitioners as their ideas begin to influence decision-making in child …
Mutual Dependency In Child Welfare, Clare Huntington
Mutual Dependency In Child Welfare, Clare Huntington
Faculty Scholarship
The child welfare system is in need of fundamental reform. To the great detriment of parents and children, in the current system the state waits for a crisis in a family and then intervenes in a heavy-handed fashion. The state pays scant attention to the prevention of child abuse and neglect. This Article argues that the principal conceptual barrier to the adoption of a prevention-oriented approach to child welfare is the dominant conception of family autonomy, which venerates freedom from state control. This Article proposes a novel reconception of family autonomy that encourages engagement with the state, rather than simply …
Ensuring Effective Representation Of Parents In Dependency And Neglect Cases, Clare Huntington
Ensuring Effective Representation Of Parents In Dependency And Neglect Cases, Clare Huntington
Faculty Scholarship
Since 2005, the Colorado Supreme Court Respondent Parents' Counsel Task Force has been working to ensure the effective representation of parents in dependency and neglect proceedings. This article describes the work of the Task Force.