NCJ Number
148854
Journal
Journal of Juvenile Law Volume: 14 Dated: (1993) Pages: 234-254
Date Published
1993
Length
21 pages
Annotation
Cases interpreting juvenile-related legislation are discussed briefly.
Abstract
This note briefly discusses the following cases: Schuldt v. Mankato Independent School, District No. 77, 937 F.2d 1357 (8th Cir. 1991), cert. denied, 112 S. Ct. 937 (1992), in which the court held that a school district that provides a disabled student with a fully integrated public education in the least restrictive environment near the student's home is in full compliance with the Education of the Handicapped Act (renamed Individuals with Disabilities Act in 1991), 20 U.S. C. sections 1400-85 (1988), despite procedural violations and is not required to modify the school nearest the student's home; Suter v. Artist M., U.S., 112 S. Ct. 1360 (1992), in which the U.S. Supreme Court held that no remedy is available to private individuals claiming a violation of the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. sections 620-628, 670-679(a) (1991), because the Act contains no implied private cause of action, and creates no rights, immunities or privileges within the meaning of 42 U.S.C. section 1983; McComb v. Wambaugh, 934 F.2d 474 (3rd Cir. 1991), in which the court held that the Interstate Compact on the Placement of Children, 42 Pa. Cons. Stat. Ann. sections 5341-5366 (1981) (Compact), does not apply when a sending State returns a child to that child's natural parent living in another State; the Compact cannot create a special relationship imposing liability upon the receiving State for injuries inflicted upon the child by that parent, even though the receiving State approves the return of the child after an investigation of the parent. In In Re Nathaniel C., 228 Cap. App. 3d 990, 279 Cal. Rptr. 236 (1991), and People v. P.H., 145 Ill. 2d 209, 582 N.E. 2d 700 (1991), the respective courts were faced with challenges to legislation designed to curb gang-related crime as it is related to juvenile gang members, specifically the California Street Terrorism Enforcement and Prevention Act, Cal. Penal Code section 186.22 (West Supp. 1992), and the Illinois Juvenile Court Act, Ill. Rev. Stat. ch. 37, para. 801-1 et seq. (1989). Each statute passed constitutional muster in the appellate court of the statute's respective State, indicating that a successful federal constitutional challenges are not imminent. In Mushero v. Ives, 949 F.2d 513 (1st Cir. 1991), under the terms of eligibility for Aid to Families with Dependent Children (AFDC), a State to which a custodial parent's support rights are assigned is entitled to seek reimbursement for retroactive child support expenditures. In Jackson v. Rapps, 947 F.2d 332 (8th Cir. 1992), cert. denied, U.S., 112 S. Ct. 1561 (1992), the appellate court held that a State that participates in the AFDC program may not seek reimbursement for child support payments from a noncustodial parent at an amount equal to the State's expenditures without considering the AFDC's regulatory formula, which preempts the State regulations. Footnotes