NCJ Number
119320
Date Published
1988
Length
101 pages
Annotation
This text is intended to provide attorneys who represent children and youth with a comprehensive understanding of children's rights and the statutory and case law related to protecting those rights.
Abstract
Litigating on behalf of children in correctional and mental health facilities focuses on strategic considerations prior to litigation, preliminary legal issues to consider, and issues related to classification and separation, health care, programming, the child's access to counsel and the family, and the use of restraints and punishment. A discussion of the legal rights of minors explains rights that are restricted based on age, the minor's right to contract, liability for tortious acts, emancipation, and guardianship. The representation of children in dependency proceedings is detailed with respect to the basis for dependency jurisdiction, Federal law regarding foster care placements, the role of the law in relation to shelter care hearings, procedures involved in adjudication and dispositional hearings, the termination of parental rights, and adoptions. The representation of children in juvenile justice proceedings covers the stages in proceedings for status offenders and delinquent offenders, confidentiality issues, and law relating to children under Federal jurisdiction. Additional chapters detail the representation of children in school disciplinary matters and other school issues, current research and procedures related to child witnesses, and issues related to health-care for low-income children. Footnotes, tables of cases and statutes, and index.