NCJ Number
168524
Journal
Journal of Juvenile Law Volume: 17 Dated: (1996) Pages: 68-81
Date Published
1996
Length
14 pages
Annotation
This comment explores a minor's right to standing in termination of parental rights proceedings and a minor's fundamental liberty interest.
Abstract
The comment focuses on two specific California cases and on selected sections of California's Welfare and Institutions Code. The comment examines the history of a minor's capacity to sue in California and in Florida; a minor's ability to resist parental proceedings; a minor's fundamental liberty interest; and the California Welfare and Institutions Code and the willingness of California courts to recognize a minor's fundamental liberty interest. A minor who has become dependent on the courts as a result of being abandoned, abused or neglected by his parents does have a fundamental liberty interest, which has been variously described by California courts. The minor's interest amounts to a right to have a stable and permanent environment free from further abandonment, abuse or neglect. California's interest in the welfare of a child has been described as a compelling one and, under certain circumstances, California's interest and the minor's interest can outweigh the right of a parent to raise the minor. Notes