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CAVEAT PARENS - A DEMYSTIFICATION OF THE CHILD PROTECTION SYSTEM

NCJ Number
17862
Journal
University of Pittsburgh Law Review Volume: 35 Issue: 1 Dated: (FALL 1973) Pages: 1-52
Author(s)
R S LEVINE
Date Published
1973
Length
52 pages
Annotation
THIS ARTICLE OUTLINES THE CHILD PROTECTION SYSTEM, AND, USING PENNSYLVANIA AS A MODEL, SUGGESTS THAT RECENT LEGISLATION STILL FAILS TO PROVIDE CONSTITUTIONAL PROTECTIONS IN THE AREA OF AGENCY INTERVENTION.
Abstract
THE HISTORY AND VEHICLE THROUGH WHICH STATES HAVE SOUGHT TO PROTECT CHILDREN FROM NEGLECT AND ABUSE ARE TRACED. BY EXAMINING THE OPERATION OF CHILD WELFARE AGENCIES AND THE INTERESTS OF PARENTS SUSPECTED OF NEGLECTING THEIR CHILDREN, THE AUTHOR DESCRIBES HOW THE INTERVENTION BY THE CHILD PROTECTION SYSTEM LACKS PROCEDURAL SAFEGUARDS FOR THE PARENTS. THE AUTHOR CONCLUDES BY PRESENTING A DUE PROCESS MODEL WHICH MAY BE CONSTITUTIONALLY REQUIRED AND ADVOCATES GREATER REVIEW OF AGENCY DECISIONS. (AUTHOR ABSTRACT)