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Articles 301 - 330 of 339
Full-Text Articles in Juvenile Law
Parental Consent And Notification Laws In The Abortion Context: Rejecting The "Maturity" Standard In Judicial Bypass Proceedings, Anna Bonny
ExpressO
The choice to become a parent, to give a baby up for adoption, or to terminate a pregnancy presents a life-altering decision for a minor. The majority of states require minors to engage their parents or legal guardians in their choice to obtain an abortion, but not in decisions to give their babies up for adoption or to become parents. Though the Supreme Court has held that parental consent and notification laws do not infringe on a minor's constitutional rights if judicial bypass options are available, the reality of these judicial proceedings demonstrates a biased and unworkable legal avenue. Even …
The Logistical And Ethical Difficulties Of Informing Juveniles About The Collateral Consequences Of Adjudications, Michael Pinard
The Logistical And Ethical Difficulties Of Informing Juveniles About The Collateral Consequences Of Adjudications, Michael Pinard
Nevada Law Journal
No abstract provided.
Foster Children Paying For Foster Care, Daniel L. Hatcher
Foster Children Paying For Foster Care, Daniel L. Hatcher
All Faculty Scholarship
This Article examines the legality and policy concerns of state foster care agencies using children's Social Security benefits as a state funding stream. The practice requires foster children who are disabled or have deceased or disabled parents to pay for their own care. Often with the assistance of private consultants under contingency fee contracts, agencies look for children who are eligible for Social Security benefits and interject themselves as the children's representative payees. Rather than using the benefits to serve the children's unmet needs, the agencies use their fiduciary power to access the children's benefits and apply the funds to …
Legislative Updates, Daniel Raposa
The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman
The New "Fetal Protection": The Wrong Answer To The Crisis Of Inadequate Health Care For Women And Children, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
This article will expand upon the feminist critique by focusing on children's health as well as the health and liberty interests of their mothers. In the first part of this article, I examine the legal and cultural underpinnings of “fetal protection” and explore its current manifestations. In the second part, I place “fetal protection” in a broader context, documenting the ways in which American law currently promotes fetal life, while simultaneously neglecting the lives and health of born children. The third part of the article offers concrete recommendations about how government, both state and federal, can actually achieve the goal …
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Taking The Stand: The Lessons Of The Three Men Who Took The Japanese American Internment To Court, Lorraine K. Bannai
Seattle Journal for Social Justice
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Disability Integration Presumption: Thirty Years Later, Ruth Colker
The Ohio State University Moritz College of Law Working Paper Series
The fiftieth anniversary of the Brown v. Board of Education decision has spurred a lively debate about the merits of “integration.” This article brings that debate to a new context – the integration presumption under the Individuals with Disabilities Education Act (“IDEA”). The IDEA has contained an “integration presumption” for more than thirty years under which school districts should presumptively educate disabled children with children who are not disabled in a fully inclusive educational environment. This article traces the history of this presumption and argues that it was borrowed from the racial civil rights movement without any empirical justification. In …
For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr
For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr
William Mitchell Law Review
This article will discuss the federal legislation and regulations—ASFA and CFSR—that hold the states accountable for the health and well-being of children and adolescents in foster care. This article will also discuss how the Early Periodic Screening Diagnosis and Treatment (EPSDT) program, the comprehensive health care services that states are required to provide through Medicaid, is used to address the health and wellbeing of children and adolescents in foster care. Critical to a discussion on the well-being of foster youth is the Chafee Foster Care Independence Act of 1999 that emphasized the states’ responsibility to ensure that youth in foster …
Does The Tax Law Discriminate Against The Majority Of American Children: The Downside Of Our Progressive Rate Structure And Unbalanced Incentives For Higher Education?, Lester B. Snyder
University of San Diego Law and Economics Research Paper Series
Our graduate income tax structure provides an incentive to shift income to lower-bracket family members. However, some parents have much more latitude to shift income to their children than do others. Income derived from services and private business-by far the majority of American income-is less favored than income derived from publicly traded securities. The rationale given for this discrimination is that parents in services or private business, as opposed to those in securities, do not actually part with control of their property. This article explores these tax broader (yet subtle) tax benefits and their impact on the majority of children …
When Daddy Doesn't Want To Be Daddy Anymore: An Argument Against Paternity Fraud Claims, Melanie B. Jacobs
When Daddy Doesn't Want To Be Daddy Anymore: An Argument Against Paternity Fraud Claims, Melanie B. Jacobs
ExpressO
No abstract provided.
Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring
Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring
ExpressO
No abstract provided.
On Statutory Rape, Strict Liability, And The Public Welfare Offense Model, Catherine L. Carpenter
On Statutory Rape, Strict Liability, And The Public Welfare Offense Model, Catherine L. Carpenter
American University Law Review
Statutory Rape. At the center of a long-standing debate on whether its commission should require proof of a criminal mens rea, the prosecution of statutory rape offers a revealing look at the struggle to demarcate the parameters of the public welfare offense doctrine. Specifically, with respect to statutory rape, disagreement is deep and entrenched on whether statutory rape should be categorized as a public welfare offense, which would render irrelevant defendant's lack of knowledge of the victim's age. And despite wholesale revamping of state statutory rape laws on issues of age, gender, and potential grading and punishment, the debate on …
The Child As Other: Race And Differential Treatment In The Juvenile Justice System, Kenneth B. Nunn
The Child As Other: Race And Differential Treatment In The Juvenile Justice System, Kenneth B. Nunn
UF Law Faculty Publications
In this Article, I will focus on the treatment of African American children as the "other" in the juvenile justice system. As previously stated, African American children are not the only ones who may be treated as the "other." Latino, Native American, Asian, and even white children may be "othered" in the appropriate social context. My concern here, however, is with African American children. I focus on their condition because I believe it is exemplary of how all children who are perceived as children of the "other" are treated and because, in some ways, the treatment of African American children, …
Promoting Community Child Protection: A Legislative Agenda, Leigh S. Goodmark
Promoting Community Child Protection: A Legislative Agenda, Leigh S. Goodmark
Book Gallery
No abstract provided.
Florida's Foster Care System Fails Its Children, Timothy L. Arcaro
Florida's Foster Care System Fails Its Children, Timothy L. Arcaro
Faculty Scholarship
This article will attempt to draw attention to the pervasive problem of child sexual abuse in foster care by identifying circumstances that contribute to sexual victimization. Hopefully the discussion will illuminate the plight of child victims of sexual abuse and generate discourse on a new paradigm of protection initiatives for foster children. Part I of the article will explain child protection proceedings and how children enter the foster care system. Part II will describe common characteristics of state foster care systems. Part III will discuss traditional notions of child sexual abuse and their illusory application in the context of sexual …
Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe
Caught Between Two Systems: How Exceptional Children In Out-Of-Home Care And Denied Equality In Education, Cynthia Godsoe
Faculty Scholarship
No abstract provided.
Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan
Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan
UIC Law Review
No abstract provided.
Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem
Writing Wrongs In Welfare: Why Legislating Morality Will Not Solve The Crisis Of Poverty, Daniela Kraiem
Scholarly Articles in Law Reviews & Journals
No abstract provided.
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
An Interdisciplinary Seminar In Child Abuse And Neglect With A Focus On Child Protection Practice, Suellyn Scarnecchia
Articles
Given the myriad of professionals involved in protecting children from abuse and neglect, legal practice in the field of child protection requires an understanding of the various disciplines these professionals represent. Professor Scarnecchia argues that such an understanding is necessary in order for the attorney to serve as a zealous advocate for her client. In hopes of creating this understanding in students at the University of Michigan, an interdisciplinary seminar in child abuse and neglect has been created. Professor Scarnecchia details the substantive content of the seminar, discussing specific issues that arise in protecting children. She explains that by using …
Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella
Protecting Our Children: A Call To Reform State Policies To Hold Pregnant Drug Addicts Accountable, 29 J. Marshall L. Rev. 765 (1996), Julie J. Zitella
UIC Law Review
No abstract provided.
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Parents' Rights Vs. Childrens' Interest: The Case Of The Foster Child, Marsha Garrison
Faculty Scholarship
No abstract provided.
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
God Bless The Child: Poor Children, Parens Patriae, And A State Obligation To Provide Assistance, Kay P. Kindred
Scholarly Works
In this Article, I argue that poor parents who are willing, but economically unable, to provide proper care for their children are entitled to some minimum level of state assistance grounded in the constitutional right to family integrity. The right to family integrity, when coupled with the state's power as parens patride, creates an affirmative obligation on the state to provide income assistance to impoverished families when necessary to protect the welfare of the children and maintain the family intact.
Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd.
Juvenile Detention To "Protect" Children From Neglect, Margaret Beyer Phd.
University of the District of Columbia Law Review
The primary purpose of juvenile detention is to protect the community from dangerous young people while they wait for their cases to be heard in court.' From a developmental perspective, juvenile detention should occur less frequently than adult detention because juveniles need to be with family members and are perhaps more vulnerable to emotional harm from incarceration than adults. Recognized risks of detention include exposing naive, previously victimized youth to larger, older juveniles with delinquency histories. Other risks include interference with the juvenile's relationship with family and attendance in school.
The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino
The Right Of Children In The Juvenile Justice System To Inclusion In The Federally Mandated Child Welfare Services System, Jeanne Asherman-Jusino
University of the District of Columbia Law Review
The District of Columbia has one of the highest juvenile detention rates and the longest juvenile detention stays of any jurisdiction in the country.' Almost half of the children in Oak Hill, the District's secure juvenile detention facility, have no record of violent or serious offenses. 2 The District's large scale use of detention has increased, rather than decreased, crime. By placing young children charged with minor offenses, such as shoplifting, in daily contact with habitual violent juvenile offenders, Oak Hill serves as a training school for criminal behavior.3
Fathers, The Welfare System, And The Virtues And Perils Of Child-Support Enforcement, David L. Chambers
Fathers, The Welfare System, And The Virtues And Perils Of Child-Support Enforcement, David L. Chambers
Articles
For half a century, Aid to Families with Dependent Children ("AFDC")' -the program of federally supported cash assistance to low-income families with children-has been oddly conceived. Congress has chosen to make assistance available almost solely to low-income single-parent families, not all low-income parents with children. At first many of the eligible single parents were women whose husbands had died. Over time, a growing majority were women who had been married to their children's father but who had separated or divorced. Today, to an ever increasing extent, they are women who were never married to the fathers of their children.2
Reforming Welfare Through Social Security, Stephen D. Sugarman
Reforming Welfare Through Social Security, Stephen D. Sugarman
University of Michigan Journal of Law Reform
In this Article, I first want to illustrate the connection between Social Security and AFDC-to explain the Social Security program and to demonstrate how it contributes to the welfare problem. More importantly, I then want to offer a reform proposal that builds on Social Security as a way to begin to eliminate AFDC and the current welfare problem. Simply put, I propose that Social Security should provide benefits to children with absent parents on the same basic terms on which it now provides benefits to children with deceased, disabled, or retired parents.
When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle
When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle
Seattle University Law Review
Although removal of any child from his or her family is traumatic, too frequently Indian child removal has been performed with little prior investigation and with an absence of cultural sensitivity. The resulting inequalities in Indian child foster placement and adoption rates led to a recognition of the need for Indian child welfare reform, both on a federal and state level. This Article provides an overview of Indian child welfare issues and addresses both the evolution and nature of Indian child welfare reform. Initially, this Article discusses the federal Indian Child Welfare Act, including the cultural history behind the Act, …
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Commentary: Meeting The Financial Needs Of Children, David L. Chambers
Articles
Those who drafted the equitable distribution statutes adopted in New York and elsewhere wanted to help assure women and children an acceptable level of financial well-being after divorce. Marsha Garrison has shown that divorcing couples rarely possess enough resources to attain financial well-being even when they live together as a couple, let alone when they live in two separate households. She has also shown that, even in the cases of couples with substantial assets, the broad and general language of the equitable distribution statute did not lead (and could not have been expected to lead) to consistent distributions that assured …
Families In Peril, Nellie Pappas
Families In Peril, Nellie Pappas
Michigan Law Review
A Review of Families in Peril by Marian Wright Edelman