NCJ Number
68391
Date Published
1978
Length
45 pages
Annotation
THE HISTORICAL DEVELOPMENT OF LAWS AFFECTING MINORS AND SIGNIFICANT JUDICIAL DECISIONS, ARE PRESENTED IN THIS BOOKLET PREPARED FOR TRAINING PROGRAMS AT THE NATIONAL COUNCIL OF JUVENILE AND FAMILY COURT JUDGES.
Abstract
BEGINNING WITH A BRIEF DISCUSSION OF THE RIGHTS OF INDIVIDUALS AS DISTINGUISHED BY AGE, THE TEXT THEN EXAMINES THE CHANGING FAMILY STRUCTURE AS IT AFFECTS FAMILY LAW REFORM, PARTICULARLY MARRIAGE LAWS, DE FACTO MARRIAGE, RIGHTS OF ILLEGITIMATE CHILDREN, AND DIVORCE. LEGAL DEFINITIONS OF EMANCIPATED MINORS AND TORT ACTIONS BETWEEN THESE MINORS AND PARENTS ARE DESCRIBED. A MINOR'S WAGES, CHILD SUPPORT, AND CONTRACTS ARE COVERED WITH SPECIAL REFERENCE TO USE OF THE EMANCIPATION DOCTRINE. MANY GROUPS FAVOR LOWERING THE AGE OF GENERAL TOTAL EMANCIPATION FROM 21 TO 18 THROUGH STATE LEGISLATION. THE RIGHTS OF MINORS TO RECEIVE MEDICAL TREATMENT AND PARENTAL FINANCIAL RESPONSIBILITY FOR MEDICAL SERVICES DISCUSSED, AS WELL AS ABORTION AND CONTRACEPTIVES. CONFLICTS BETWEEN STATUTORY AGE REQUIREMENTS AND EMANCIPATION CAN OCCUR IN CASES INVOLVING THE MENTALLY RETARDED, MARRIED MINORS, OR PROFESSIONAL REGULATIONS. OTHER STATUTORY RESTRICTIONS WHICH APPLY ONLY TO MINORS INCLUDE CURFEWS, COMPULSORY SCHOOL ATTENDANCE, MARRIAGE, TOBACCO AND LIQUOR USE, OBTAINING A DRIVER'S LICENSE, AND THE RIGHT TO SELECT THE CUSTODIAL PARENT. CASES ARE GIVEN IN WHICH EMANCIPATED CHILDREN FROM MIDDLE INCOME FAMILIES HAVE QUALIFIED FOR COLLEGE SCHOLARSHIPS AND WELFARE. COURT DECISIONS ON CORPORAL PUNISHMENT BY PERSONNEL ARE DESCRIBED. THE CONCLUDING SECTION FOCUSES ON EQUAL PROTECTION PROBLEMS OF MINORS AS THEY RELATE TO STATE INTERVENTION IN FAMILIES, ILLEGITIMACY, AND ACCESS TO CONTRACEPTIVES. CALIFORNIA COURTS' RULINGS WHICH SUPPORT A MINOR'S RIGHTS TO PERSONAL LIBERTY ARE ANALYZED. (MJM)