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CASE OF NEGLECT - PARENS PATRIAE VERSUS DUE PROCESS IN CHILD NEGLECT PROCEEDINGS

NCJ Number
36474
Journal
Arizona Law Review Volume: 17 Issue: 4 Dated: (1975) Pages: 1055-1089
Author(s)
B J SINGLEMAN
Date Published
1975
Length
35 pages
Annotation
DISCUSSION OF THE PROCEDURES INVOLVED IN CHILD NEGLECT PROCEEDINGS, ANALYZING THE REQUIREMENTS NECESSARY TO AFFORD BOTH PARENTS AND CHILDREN PROCEDURAL DUE PROCESS.
Abstract
THIS NOTE FOCUSES SOLELY ON THE DUE PROCESS REQUIREMENTS IN A NEGLECT PROCEEDING, KEEPING IN MIND THE DISTINCTION BETWEEN SUCH LIMITED INTERVENTION AND THE MORE DRASTIC STEP OF TERMINATING THE PARENT-CHILD RELATIONSHIP. IT EXAMINES THE POWER OF THE JUVENILE COURT TO ORDER TEMPORARY INTERVENTION IN THE RELATIONSHIP AND SUGGESTS WHICH PROCEDURES ARE NECESSARY TO ASSURE THAT SUCH INTERFERENCE COMPORTS WITH THE DUE PROCESS RIGHTS OF BOTH PARENT AND CHILD. (AUTHOR ABSTRACT MODIFIED)