NCJ Number
78942
Date Published
1981
Length
235 pages
Annotation
This textbook is intended to provide a general overview of how children's rights have developed within the juvenile justice system, the educational system, the area of custody and adoption, and the area of health care.
Abstract
Children's rights as well as the counter vailing rights asserted on behalf of their parents and the State are considered. In the opening chapter, which deals with juvenile justice, the structure of the juvenile justice system is examined, and the rights of the juvenile at various stages of the proceeding are discussed. Emphasis is given to the juvenile's fourth and fifth amendment rights when taken into custody, rights to due process at the adjudicatory phase, and the dispositional alternatives available. The second chapter focuses on child abuse and neglect. The application of reporting statutes and the standard involving the best interest of the child are explained. Attention is given to a parent's right to privacy when the State petitions to intervene into family life, as well as to other fourth and fifth amendment constitutional considerations. The concepts of medical and psychological malpractice, informed parental consent, and medical neglect are examined in Chapter 3. The application of medical malpractice standards to other helping professionals is explained, followed by consideration of whether children can receive medical care without their parents' consent. Chapters 4 and 5 deal with evidence and a moot court presentation of a child abuse hearing. The remaining chapters consider foster care, adoption, custody, education, and student rights. Appended are constitutional amendments, summaries of leading cases, and a bibliography of about 130 listings. An index is also provided.