NCJ Number
93949
Date Published
1981
Length
382 pages
Annotation
This report provides assessments and summary tables of statutes governing the rights of minors for each State, Guam, the Virgin Islands, Puerto Rico, and the District of Columbia updated to 1980. It also surveys changes occurring during 1975-80.
Abstract
A survey of disabilities resulting from laws that protect children considers the inabilities to establish own domicile, retain own earnings, enter binding contracts, to sue or be sued, consent to medical treatment, and sue parents for injuries. The report then treats the three primary avenues for emancipating children from these disabilities: laws, as when a minor marries; judicial decision; and judicial declaration of an emancipation as authorized by the legislature. Subsequent sections present detailed reviews of statutes governing a child's ability to consent to medical treatment, such as venereal disease care, pregnancy, birth control, abortion, and alcohol/drug abuse treatment. restrictions on a child's freedom to participate in activities in the community are addressed, with attention to working; driving motor vehicles; purchasing beer, wine, liquor, and cigarettes; and participating in the political process. The discussion of case law regarding the expansion of procedural rights within the juvenile justice process focuses on status offenders, neglected children, waiver of juvenile court jurisdiction, due process, and dispositions. Other sections examine compulsory education laws, the child's voice in custody decisions, and regulating the conduct of others to protect children, as in contributing to the delinquency of a minor or sexual exploitation. Also considered are federally aided State social service programs, their effect on children, and other laws of interest to older children. An assessment of major government initiatives for adolescents in the 1970's concludes the report. The appendixes cite specific State laws for the areas covered in the document.