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Full-Text Articles in Law

Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky Jan 2001

Section 1983: Agent Of Peace Or Vehicle Of Violence Against Children?, Susan H. Bitensky

Oklahoma Law Review

No abstract provided.


Troxel And The Rhetoric Of Associational Respect, David J. Herring Jan 2001

Troxel And The Rhetoric Of Associational Respect, David J. Herring

Articles

A recent decision by the United States Supreme Court has brought into sharp focus important questions about the nature and extent of parents' prerogatives to dictate how their children are raised. In the case of Troxel v. Granville, the Court addressed a Washington third-party visitation statute that permitted "any person" to petition for visitation with a child. Under the statute, a petitioner had to allege that visitation would serve the child's best interest. A judge hearing such a petition could order visitation whenever he or she found that such visitation may serve the child's best interest.

The United States …


Is Twenty-Two Months Beyond The Best Interest Of The Child? Asfa's Guidelines For The Termination Of Parental Rights, Katherine A. Hort Jan 2001

Is Twenty-Two Months Beyond The Best Interest Of The Child? Asfa's Guidelines For The Termination Of Parental Rights, Katherine A. Hort

Fordham Urban Law Journal

This Note first discusses the legal precedents, child development theories, and policies regarding "reasonable efforts" and parental termination that led to the enactment of ASFA. Next, it examines Illinois's and New York's different responses to ASFA. It also introduces the debate over "congregate care" as an alternative for those children who may never be returned to a parent's care, but whom are unlikely to be adopted. Lastly, it argues that the New York system is more workable than the Illinois system given the complexities of the foster care system. This Note concludes by arguing the federal government's rigid time frame …