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When One Parent Goes And The Other Parent Stays: The Inconsistency And Inequity Of Guaranteeing Absent Parents Permanent Parental Rights, Wendee M. Hilderbrand
When One Parent Goes And The Other Parent Stays: The Inconsistency And Inequity Of Guaranteeing Absent Parents Permanent Parental Rights, Wendee M. Hilderbrand
Vanderbilt Law Review
It is well settled that the right to make decisions concerning the upbringing of one's children is a fundamental right deserving the utmost constitutional protection from unreasonable state interference. It has also become increasingly well settled over the past twenty-five years that this right is not automatically and permanently guaranteed by biology. Rather, parental stature encompasses both "rights and responsibilities," and the rights are only guaranteed to a parent who has assumed parental responsibilities. Why then is a responsible custodial parent subject to state interference with his or her parental decisions in the interest of guaranteeing an absent parent, who …
Alternatives To Absolute Termination Of Parental Rights After Long-Term Foster Caret, Andre P. Derdeyn, Andrew R. Rogoff, Scott W. Williams
Alternatives To Absolute Termination Of Parental Rights After Long-Term Foster Caret, Andre P. Derdeyn, Andrew R. Rogoff, Scott W. Williams
Vanderbilt Law Review
This Article will explore in detail the variety of child placement arrangements, both within and outside the system, which can be tailored to meet the needs of children and their biological or foster parents. This examination will reveal numerous statutory reforms and recent judicial decisions that promise increasingly flexible approaches to the traditional custodial alternatives following long-term foster care. Particular emphasis will be devoted to the termination of parental rights case that first united the authors and confronted them with the fact that none of the traditional legal alternatives available to those children could adequately meet their emotional needs.