RIGHTS OF CHILDREN (FROM UNIVERSITY OF WISCONSIN CONFERENCE ON CHILD ADVOCACY - PROCEEDINGS, 1976, BY JACK C WESTMAN - SEE NCJ-50570)

• NCJ Number: 50572
• Author(s): J W POLIER
• Date Published: 1976
• Length: 18 pages
• Corporate Author: University of Wisconsin
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

ISSUES AFFECTING THE RIGHTS OF CHILDREN IN THE UNITED STATES ARE EXAMINED, INCLUDING RIGHT TO COUNSEL, TO A FAMILY, TO AN EDUCATION, TO CARE AND TREATMENT, AND TO EQUAL PROTECTION.

Abstract

SEVERAL EXAMPLES OF THE LACK OF HARD OR ACCURATE INFORMATION NEEDED TO PROTECT CHILDREN'S RIGHTS ARE CITED. IT IS NOTED THAT THE UNITED STATES IS THE ONLY WESTERN INDUSTRIAL NATION IN WHICH FAMILIES ARE NOT ENTITLED TO CASH OR SERVICE PROGRAMS FOR CHILDREN. THOSE BENEFITS ALLOWABLE TO CHILDREN THROUGH WELFARE SERVICES ARE ACCOMPANIED BY A WEALTH OF FEDERAL AND STATE REGULATIONS AND COMMUNITY ATTITUDES THAT SET THE RECIPIENTS APART FROM OTHER CHILDREN. OMISSIONS EXIST IN THE RIGHT TO COUNSEL INCLUDING THE FAILURE TO PROVIDE INDEPENDENT COUNSEL FOR A CHILD WHO OBJECTS TO HOSPITALIZATION, AND TO REQUIRE INDEPENDENT COUNSEL FOR CHILDREN IN NEGLECT, ABUSE, AND ADOPTION CASES OR IN FAMILIAL DISPUTES OVER CUSTODY. ALTHOUGH THERE IS A CONCENSUS IN LITERATURE THAT A CHILD IS ENTITLED TO REMAIN IN A FAMILY ABSENT OF ABUSE OR CHRONIC NEGLECT, MOST STATES DENY FOSTER-CARE PAYMENTS TO RELATIVES, AND THERE IS A LACK OF SERVICES FOR STRENGTHENING FAMILIES TO ELIMINATE THE NEED FOR REMOVAL. THERE IS SELDOM REQUIRED REVIEW OF FOSTER CARE, AND OFTEN REMOVAL TO AN INSTITUTION OR ANOTHER HOME IS DONE WITHOUT REGARD TO THE WISHES OF THE CHILD OR THE CHILD'S WELFARE. ADOPTION RULES ARE BEING CHANGED IN MANY STATES TO PROVIDE SUBSIDIES TO, AND ACKNOWLEDGE RIGHTS OF, FOSTER PARENTS. THERE IS EMERGING INTEREST IN THE EDUCATION OF CHILDREN WITH PHYSICAL OR MENTAL DISABILITIES, AND IN THE EDUCATION OF INSTITUTIONALIZED CHILDREN. MANY STATES HAVE AVOIDED THEIR OBLIGATIONS TO CHILDREN WITH SPECIAL NEEDS BY SENDING THEM OUT-OT-STATE UNDER INDIVIDUAL CONTRACTS RATHER THAN PROVIDING STATE SERVICES. THE STATE OF LOUISIANA HAS INSTITUTED A FEDERAL CLASS ACTION SUIT TO END THE SHIPPING OF CHILDREN TO TEXAS AGENCIES. VARIATIONS IN DISCIPLINARY TREATMENT FOR CHILDREN OF DIFFERENT RACES BY PUBLIC INSTITUTIONS IS ALSO CITED. THERE IS A NEED FOR DATA GATHERING, FACT FINDING, DISCOVERY OF WHAT IS BEING GRANTED AND DENIED CHILDREN, AND FOR ADDRESSING THESE FAILURES. (DAG)