Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell
A Cure Worse Than The Disease? The Impact Of Removal On Children And Their Families, Vivek Sankaran, Christopher Church, Monique Mitchell
Marquette Law Review
Removing children from their parents is child welfare’s most drastic
intervention. Research clearly establishes the profound and irreparable
damage family separation can inflict on children and their parents. To ensure
that this intervention is only used when necessary, a complex web of state and
federal constitutional principles, statutes, administrative regulations, judicial
decisions, and agency policies govern the removal decision. Central to these
authorities is the presumption that a healthy and robust child welfare system
keeps families together, protects children from harm, and centers on the needs
of children and their parents.
Yet, research and practice—supported by administrative data—paint a
different …
Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt
Trapped In Tragedies: Childhood Trauma, Spatial Inequality, And Law, David Dante Troutt
Marquette Law Review
Each year, psychological trauma arising from community and domestic violence, abuse, and neglect brings profound psychological, physiological, and academic harm to millions of American children, disproportionately poor children of color. This Article represents the first comprehensive legal analysis of the causes of and remedies for a crisis that can have lifelong and epigenetic consequences. Using civil rights and local government law, this Article argues that children’s reactions to complex trauma represent the natural symptomatology of severe structural inequality—legally sanctioned environments of isolated, segregated poverty. The sources of psychological trauma may be largely environmental, but the traumatic environments themselves are caused …