NCJ Number
145382
Journal
Journal of Child Sexual Abuse Volume: 2 Issue: 2 Dated: (1993) Pages: 113-116
Date Published
1993
Length
4 pages
Annotation
The judge who authored this article argues that decisions regarding child protection issues must be based not only on the interests of a particular child, but with due concern and due process given to the interests of the parents, family, and State.
Abstract
While children who are at a clear and continued risk should not be placed with the biological parents, occasional bad decisions should not jeopardize the American legal system's traditional commitment to preserving family unity and protecting fundamental individual rights. The courts have recognized the individual's right to procreate and to parent, free from undue State intervention. However, these rights are not absolute and can be infringed and even terminated under certain circumstances. In order to avoid the trauma that children inevitably experience when separated from their families, professionals should make every effort to salvage these family relationships and to execute justice for all parties involved.