NCJ Number
56320
Date Published
1978
Length
29 pages
Annotation
THIS ARTICLE FROM THE ATTORNEYS' HANDBOOK ON CHILD ABUSE DISCUSSES THE LEGAL ISSUES OF FOSTER CARE AND MENTAL HEALTH SERVICES FOR MINORS. STATUTES AND CASE LAW ARE ANALYZED.
Abstract
ALTHOUGH HUMANITY'S TRADITIONAL ATTITUDES TOWARDS YOUNG PEOPLE HAVE BEEN INHUMANE, PROTECTIVE SERVICES HAVE GRADUALLY BEEN ENHANCED, AND JUDICIAL DECISIONS HAVE PROVIDED LEGAL GUARANTEES FOR MINORS IN THE UNITED STATES, AS SOCIETY WAS SLOWLY ENLIGHTENED. THE U.S. SUPREME COURT RECOGNIZED THAT MINORS HAD RIGHTS SEPARATE FROM THOSE OF THEIR PARENTS IN THE CASE OF PRINCE V. MASSACHUSETTS (1944), BUT NOT UNTIL THE 1960'S WERE THE MINORS RIGHTS INTERPRETED TO EQUAL THE PARENTAL RIGHTS. THE CASE OF IN RE GAULT (1967) HELD THAT JUVENILES, DURING DELINQUENCY HEARINGS, WERE ENTITLED TO RECEIVE FAIR NOTICE OF THE HEARING, NOTIFICATION OF THEIR RIGHTS TO COUNSEL AND CONFRONTATION, AND TO BE WARNED AGAINST SELF-INCRIMINATION. LATER JUDICIAL DECISIONS UPHELD LAWS WHICH DECLARED THAT MEDICAL INTERVENTION ON BEHALF OF A CHILD WHO WOULD OTHERWISE DIE MAY BE ORDERED BY THE COURTS, OVER THE OBJECTIONS OF THE PARENTS. IN LESS SERIOUS MATTERS, HOWEVER, THE DESIRES OF THE PARENTS WOULD LIKELY PREVAIL. THE FREEDOMS OF EXPRESSION AND SPEECH HAVE BEEN EXTENDED TO MINORS, AND HEARINGS MAY BE REQUIRED FOR THE BENEFIT OF STUDENTS WHO FACE SUSPENSION FROM SCHOOL. ADDITIONAL CASE LAW HAS BEGUN TO CLARIFY THE RIGHTS OF MINORS WHO ARE COMMITTED TO MENTAL INSTITUTIONS AND CORRECTIONAL FACILITIES. THE CONSTITUTIONAL PROHIBITIONS AGAINST CRUEL AND UNUSUAL PUNISHMENT EXTEND TO BAN BRUTAL CONDITIONS IN STATE FACILITIES. THE LEGAL IMPLICATIONS OF THE DEVELOPING RIGHTS OF MINORS INCLUDE LIABILITY OF PHYSICIANS WHO FAIL TO PROVIDE PROPER TREATMENT TO MINORS, AND ADEQUATE PLACEMENT PROCEDURES FOR FOSTER CHILDREN. REFERENCES ARE PROVIDED. (TWK)