NCJ Number
79478
Date Published
1980
Length
112 pages
Annotation
This paper discusses the development of children's rights within the juvenile justice system, the educational system, the area of custody and adoption, and health care, with attention to the countervailing rights asserted on behalf of parents and the State.
Abstract
An analysis of legal issues and trends focuses on four major categories of children and youth who are under the juvenile court's jurisdiction: juvenile delinquents, status offenders and children in need of supervision, abused and neglected children, and children in foster care. Issues which have been the subject of major court decisions are examined, including due process protections for juveniles, confinement of children in institutions, criteria governing State intervention into the parent-child relationship, and the rights of foster children and foster families. The discussion of adoption addresses legal issues arising from the trend towards removing children from foster care and providing them with permanent homes. Statutes and judicial decisions regarding voluntary and involuntary relinquishment of parental rights are reviewed, as are cases involving race and religion as factors influencing adoption and adoptees' access to information about their adoption. Parental consent is still required in most circumstances before a physician can treat a child. Exceptions to this rule are described, especially in the area of contraceptive counseling and abortion. A summary of emerging issues in mental health care considers the rights of mentally handicapped minors and procedures for commitment to mental health facilities for treatment. The initial right of children to come within the school system as well as their rights once they are included in it are explored. Legal problems caused by conflicts between the parent-child relationship and the school-child relationship are also surveyed. A review of current trends in custody agreements covers the 'best interests of the child' doctrine, joint custody, and child snatching. Legal advocacy through individual cases, class action lawsuits, or legislative lobbying is proposed as the best method to ensure that children will be protected by the law. Footnotes and 21 references are provided.