NCJ Number
94932
Date Published
1983
Length
29 pages
Annotation
After outlining the U.S. legal structure, this chapter examines the basic common-law principles of the parent as natural guardian and the doctrine of parens patriae, as well as the foundations for understanding State legislation and court decisions; U.S. Supreme Court decisions which interpret the due process clause to restrict the State's ability to protect children are reviewed; and Federal legislation is examined to understand its impact on State child protective legislation.
Abstract
The legal process due to parents, children, psychological parents, extended family members, and others in the context of child abuse and neglect is an evolving and continuing concern in State and Federal courts. The cases presented -- Stanley vs Illinois, Lassiter vs Department of Social Services, Santosky vs Kramer, and Smith vs Organization of Foster Families for Equality and Reform -- dramatize this struggle. Many State laws have been influenced by the 1974 Child Abuse Prevention and Treatment Act and its implementing regulations. As of 1978, 42 States had enacted or amended reporting laws which complied with Federal requirements and made them eligible for Federal funding of protective service programs. All States have both civil and criminal laws dealing with child abuse. Differing local standards and resources affect whether or not a case is brought to court and its disposition. When severe abuse exists, it is sometimes too late to act. Courts are or should be looked to and should be effective in reducing those instances. Eighty-nine references are provided.