NCJ Number
49820
Journal
Suffolk University Law Review Volume: 4 Issue: 3 Dated: (SPRING 1970) Pages: 631-688
Date Published
1970
Length
56 pages
Annotation
THE EXERCISE OF THE PARENS PATRIAE POWERS, THE CONSTITUTIONAL REQUIREMENTS FOR A NEGLECT HEARING, AND A SUGGESTION FOR MEETING THE NEGLECTED CHILD'S NEED FOR COUNSEL ARE DISCUSSED.
Abstract
A GENERAL DESCRIPTION OF THE ACTIVITIES OF THE STATE OF MASSACHUSETTS IN AIDING NEGLECTED CHILDREN IS GIVEN, WITH THE FOCUS ON PROCEDURES USED TO MAKE DECISIONS ABOUT THE CARE AND CUSTODY OF NEGLECTED CHILDREN, RATHER THAN ON THE STANDARDS EMPLOYED IN REACHING SUCH DECISIONS. THE CONSTITUTIONAL RIGHTS OF NEGLECTED CHILDREN AND THEIR PARENTS ARE SUMMARIZED, PARTICULARLY WITH RESPECT TO THEIR RIGHTS TO NOTICE, HEARING, AND COUNSEL. IN ORDER TO IMPLEMENT A NEGLECTED CHILD'S RIGHT TO COUNSEL, IT IS SUGGESTED THAT A LEGAL DEPARTMENT BE ESTABLISHED WITHIN THE STATE HIERARCHY, WITH THE SOLE FUNCTION OF REPRESENTING THE INTERESTS OF NEGLECTED CHILDREN WHOM ANOTHER STATE OR PRIVATE AGENCY IS ATTEMPTING TO REMOVE OR HAS REMOVED FROM PARENTAL CUSTODY. IT IS SUGGESTED THAT THIS AGENCY BE INDEPENDENT FROM THE AGENCY CHARGED WITH THE DUTY TO PROVIDE SUBSTITUTE CARE FOR CHILDREN, IN ORDER TO GIVE IMPARTIAL CONSIDERATION OF THE QUALITY OF THAT CUSTODY AS COMPARED TO THAT GIVEN A PARTICULAR CHILD AT HOME. IN ADDITION IT IS PROPOSED THAT, IN TIME, THIS LEGAL AGENCY COULD HAVE THE ADDITIONAL DUTY OF MONITORING THE EFFECTIVENESS OF THE STATE'S CHILD WELFARE AGENCY. (RCB)