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Full-Text Articles in Law
The Americans With Disabilities Act: Legal And Practical Applications In Child Protection Proceedings, Joshua B. Kay
The Americans With Disabilities Act: Legal And Practical Applications In Child Protection Proceedings, Joshua B. Kay
Articles
Parents with disabilities, particularly those with intellectual disability and/or mental illness, are disproportionately represented in the child protection system.1 Once involved in the system, they are far more likely than parents without disabilities to have their children removed and their parental rights terminated. The reasons for this are many. Parents with disabilities are relatively likely to experience other challenges that are themselves risk factors for child protection involvement. In addition, child protection agencies, attorneys, courts, and related professionals often lack knowledge and harbor biases about parents with disabilities, increasing the likelihood of more intrusive involvement in the family. Yet research …
Fundamentally Fair? A Critical Look At The Due Process Afforded Parents In Child Protection Proceedings Under Minnesota Law, Brooke Beskau Warg
Fundamentally Fair? A Critical Look At The Due Process Afforded Parents In Child Protection Proceedings Under Minnesota Law, Brooke Beskau Warg
Mitchell Hamline Law Review
No abstract provided.
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Punishing Families For Being Poor: How Child Protection Interventions Threaten The Right To Parent While Impoverished, David Pimentel
Articles
No abstract provided.
Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith
Keeping It In The Family: Minor Guardianship As Private Child Protection, Deirdre Smith
Faculty Publications
Due to the opioid use epidemic and an overwhelmed public child protection system, minor guardianship is an increasingly important tool for relative caregivers seeking to obtain legal authority regarding the children who come into their care because of a parent’s crisis. Yet minor guardianship originated in colonial law for an entirely different purpose: to protect legal orphans who had inherited property. Today’s guardianship laws are still based on this “orphan model” which does not fit today’s reality. This Article is the first to analyze how these outdated guardianship laws are being used as a form of “private child protection” and …
A Promising Start For Early Childhood Development And The Law, Clare Huntington
A Promising Start For Early Childhood Development And The Law, Clare Huntington
Faculty Scholarship
Examining the role of the law in early childhood development is not new; several legal scholars have engaged in such an inquiry, including scholars at this symposium. But this engagement has not led to a sustained debate about how the legal system can foster early childhood development, nor has it yet led to the integration of legal scholars into the interdisciplinary research on, and policy debates about, early childhood. I have argued that the creation of a new subdiscipline in family law — early childhood development and the law — would achieve these goals, sparking debate within law, bringing a …