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Juvenile Law Commons

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Articles 1141 - 1170 of 1205

Full-Text Articles in Juvenile Law

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers Jan 1984

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

Articles

A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …


Rethinking Joint Custody, Elizabeth S. Scott, Andre Derdeyn Jan 1984

Rethinking Joint Custody, Elizabeth S. Scott, Andre Derdeyn

Faculty Scholarship

A small revolution has begun in child custody law, and as yet its dimensions and ultimate direction are uncertain. Joint custody, the sharing of legal authority by divorced or separated parents over their children, is gaining acceptance as the best arrangement for most children when their parents divorce. The legal system is embracing this arrangement with remarkable enthusiasm, although until recently it was viewed as being of questionable legality and antithetical to the best interest of the child. Today, thirty states have joint custody laws, most of which have been enacted since 1980. A growing number of the more recent …


Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law Jun 1983

Parental Notification And Abortion: A Review And Recommendation To West Virginia's Legislature, David W. Frame West Virginia University College Of Law

West Virginia Law Review

No abstract provided.


Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review Mar 1983

Who Speaks For The Child: The Problems Of Proxy Consent, Michigan Law Review

Michigan Law Review

A Review of Who Speaks for the Child: The Problems of Proxy Consent edited by Willard Gaylin and Ruth Macklin


Illegitimacy: An Examination Of Bastardy, Michigan Law Review Mar 1983

Illegitimacy: An Examination Of Bastardy, Michigan Law Review

Michigan Law Review

A Review of Illegitimacy: An Examination of Bastardy by Jenny Teichman


The Coming Curtailment Of Compulsory Child Support, David L. Chambers Aug 1982

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …


Standard Of Proof In Proceedings To Terminate Parental Rights, Dean Michael Rooney Jan 1982

Standard Of Proof In Proceedings To Terminate Parental Rights, Dean Michael Rooney

Cleveland State Law Review

This Note advocates the use of the beyond-a-reasonable-doubt standard of proof in proceedings to terminate parental rights permanently. The Note will commence with background considerations such as the authority of the state to terminate parental rights, the rights of the parties involved in a termination proceeding and a discussion of standards of proof. Consideration will also be given to the factors which should have an impact on the standard of proof in permanent termination proceedings. These factors include: the vagueness of termination statutes, the fundamental right of family integrity, the broad discretionary powers of the courts involved, the need for …


The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence Jan 1981

The State's Interest In Adoption And Washington's Sealed Records Statute, Eileen M. Lawrence

Seattle University Law Review

After discussing the legal effect of the adoption decree and the purpose of Washington's adoption statute, this comment will analyze the competing interests of the adoptee, the biological parents, the adoptive parents, and the state. This article will also discuss the legislative proposal in Washington attempting to abolish the good cause requirement. Finally, this article concludes the sealed records requirement is constitutionally sound and despite the need for further legislative articulation, the good cause balancing approach is the most suitable method for protecting the conflicting rights and interests inherent in the adoption process.


The Psychotherapist-Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey Jan 1981

The Psychotherapist-Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey

Law Faculty Publications

In any child placement decision, the predominant consideration is the welfare of the child. Accordingly, the most widely used test in determining child custody is clearly the "best interests of the child" standard. Despite its relatively old vintage, the standard continues to represent a nebulous concept that courts have rarely been able to define with precision. Because of its open-ended nature, the best interests of the child standard makes relevant a wide range of evidence pertaining to the fitness of the parents and the environment in which the child will be raised. it is in determining these facts that child …


Family Law–Child Custody–Counsel For Children Permitted, Deborah R. Sallings Apr 1980

Family Law–Child Custody–Counsel For Children Permitted, Deborah R. Sallings

University of Arkansas at Little Rock Law Review

No abstract provided.


Father In Jail, David C. Baldus Mar 1980

Father In Jail, David C. Baldus

Michigan Law Review

A review of Making Fathers Pay: The Enforcement of Child Support by David L. Chambers


Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald Mar 1980

Thinking About Public Policy Toward Abuse And Neglect Of Children: A Review Of Before The Best Interests Of The Child, Michael S. Wald

Michigan Law Review

A review of Before the Best Interests of the Child by Joseph Goldstein, Anna Freud, and Albert J. Solnit


Children And The Law - Foreword, Birch Bayh Jan 1979

Children And The Law - Foreword, Birch Bayh

University of Richmond Law Review

As a parent, legislator, and former Chairman of the United States Senate Judiciary Subcommittee to Investigate Juvenile Delinquency, the problems of the youth of our nation are very close to my heart. I think that raising a young person is one of the most difficult and important challenges that a person can ever face. Our collective success or failure in raising young people actually determines the future of the country. Happy, secure and well-educated youth will be effective, productive and useful citizens. Young people who have been beaten, starved, or deprived of love have accounted for the major portion of …


The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton Jan 1979

The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton

University of Richmond Law Review

Since 1899, the year in which the state of Illinois established a separate statutory framework for addressing the problems of children before the courts, the juvenile justice system has been struggling to establish its identity in the jurisprudence of the United States. The juvenile court laws of this country, including those of the Commonwealth of Virginia, have historically been based on the doctrine of "parens patriae", which is formally defined as the "sovereign power of guardianship over persons under disability."' According to this doctrine, the state, through the court system, can be trusted to fulfill its obligation with respect to …


Families With Service Needs: The Newest Euphemism, Stanley Z. Fisher Jan 1979

Families With Service Needs: The Newest Euphemism, Stanley Z. Fisher

Faculty Scholarship

Juvenile court jurisdiction over "status offenders" - juveniles engaging in noncriminal misconduct such as truancy, running away, and "incorrigibility" - has become the subject of national debate. Most participants in the many-sided discussion agree that the system needs reform. The major disagreement, however, is between those who wish merely to reform the court's jurisdiction over this conduct, and those who would substantially eliminate it. This article concerns the newest reform proposal: to revise status offense jurisdiction under a new category entitled "Families With Service Needs" (FWSN). Proposed in 1977 by a federally funded task force, 5 the FWSN concept has …


The Proposed Arkansas Uniform Child Custody Jurisdiction Act, Edward O. Moody Oct 1978

The Proposed Arkansas Uniform Child Custody Jurisdiction Act, Edward O. Moody

University of Arkansas at Little Rock Law Review

No abstract provided.


Blythe V. Seagraves: North Carolina Treats The Issue Of Whether A Minor And Her Parents May Legally Consent To The Minor's Participation, As Donor, In A Kidney Transplant, David W. Herman Apr 1978

Blythe V. Seagraves: North Carolina Treats The Issue Of Whether A Minor And Her Parents May Legally Consent To The Minor's Participation, As Donor, In A Kidney Transplant, David W. Herman

North Carolina Central Law Review

No abstract provided.


Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers Jan 1978

Seen And Not Heard: Recent Legislation Affecting Child Welfare In West Virginia, Richard L. Withers

West Virginia Law Review

No abstract provided.


The Maltreated Children Of Our Times, Vincent J. Fontana Jan 1978

The Maltreated Children Of Our Times, Vincent J. Fontana

Villanova Law Review (1956 - )

No abstract provided.


Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand Jul 1977

Parental Consent Abortion Statutes: The Limits Of State Power, Barbara Freedman Wand

Indiana Law Journal

No abstract provided.


Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers May 1977

Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers

Articles

Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …


Who Polices Child Abuse And Neglect On Military Enclaves Over Which The Federal Government Exercises Exclusive Jurisdiction, William D. Acton Jr. Apr 1977

Who Polices Child Abuse And Neglect On Military Enclaves Over Which The Federal Government Exercises Exclusive Jurisdiction, William D. Acton Jr.

North Carolina Central Law Review

No abstract provided.


Child Abuse: The Role Of Adoption As Preventative Measure, 10 J. Marshall J. Prac. & Proc. 546 (1977), Mark S. Kaizen Jan 1977

Child Abuse: The Role Of Adoption As Preventative Measure, 10 J. Marshall J. Prac. & Proc. 546 (1977), Mark S. Kaizen

UIC Law Review

No abstract provided.


Alimony And Child Support In Ohio: New Directions After Dissolution, William Tabac Jan 1977

Alimony And Child Support In Ohio: New Directions After Dissolution, William Tabac

Law Faculty Articles and Essays

Recent decisions by the Ohio Supreme Court will undoubtedly have significant impact upon post-dissolution alimony and child support. In rejecting basic premises upon which domestic relations courts have historically ordered such payments, the court has set new directions. Traditional notions of sex-based roles in the support of the family have been set aside and new standards, based upon the needs of the parties and the factual circumstances in particular cases, have been established. As a result, the husband's statutory duty to support his wife and children during marriage will no longer govern his responsibilities toward the family following dissolution, and …


A Right To Reasons When Denied Parole, Dorothy C. Bernholz Apr 1975

A Right To Reasons When Denied Parole, Dorothy C. Bernholz

North Carolina Central Law Review

No abstract provided.


The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer Jan 1975

The Juvenile Court And Emotional Neglect Of Children, James B. Stoetzer

University of Michigan Journal of Law Reform

A primary function of the Juvenile Court is to assist in the protection of children from abuse and neglect. Juvenile court acts, child abuse reporting statutes, and child protective services legislation have incorporated provisions dealing with physical abuse and physical neglect of children. Such legislation enables state intervention into family life for the protection of children exposed to harmful environments. Statutory definitions of abuse and neglect provide a basis on which the community, frequently through the juvenile court, may pass judgment on the existence of child neglect and offer services or coerce family members to accept them. A few states, …


Child Neglect Proceedings-A New Focus, Ellen K. Thomas Oct 1974

Child Neglect Proceedings-A New Focus, Ellen K. Thomas

Indiana Law Journal

No abstract provided.


In Defense Of Youth. By W. Vaughn Stapleton And Lee E. Teitelbaum., Daniel Katkin, Frederick Hussey Apr 1973

In Defense Of Youth. By W. Vaughn Stapleton And Lee E. Teitelbaum., Daniel Katkin, Frederick Hussey

Buffalo Law Review

No abstract provided.


The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review Aug 1972

The Emerging Constitutional Protection Of The Putative Father's Parental Rights, Michigan Law Review

Michigan Law Review

This Comment will first examine whether the equal protection or due process clauses of the Constitution presently proscribe disparate treatment of the putative father, as compared with other parents, in regard to parental privileges. Attention will then be given to an assessment of the potential impact of the proposed "equal rights" amendment on the putative father's rights in relation to his illegitimate child.


Constitutional Law - Freedom Of Religion - State Does Not Have Interest Of Sufficient Magnitude To Outweigh Parent's Religious Beliefs In Compelling Medical Care For Minor When Child's Life Is Not In Immediate Danger, James P. Cullen Jan 1972

Constitutional Law - Freedom Of Religion - State Does Not Have Interest Of Sufficient Magnitude To Outweigh Parent's Religious Beliefs In Compelling Medical Care For Minor When Child's Life Is Not In Immediate Danger, James P. Cullen

Villanova Law Review (1956 - )

No abstract provided.