NCJ Number
47235
Date Published
1978
Length
112 pages
Annotation
THE PRINCIPLES OF TRUST LAW ARE USED AS A MODEL FOR DEFINING THE RIGHTS AND DUTIES THAT EXITS AMONG CHILDREN, THEIR PARENTS, AND THE STATE.
Abstract
THE TRUST MODEL ASSUMES THAT THE CHILD HAS THE FULL RIGHTS OF AN ADULT BUT THAT THESE RIGHTS ARE HELD IN TRUST BY THE PARENTS OR THE STATE UNTIL THE CHILD DEVELOPS THE FULL RATIONAL POWERS OF AN ADULT. UNDER THIS APPROACH, PARENTS AND THE STATE ARE NOT MERELY RESPONSIBLE FOR THE CHILD BUT WOULD BE RESPONSIBLE TO THE CHILD FOR DECISIONS MADE REGARDING THE CHILD'S WELFARE DURING MINORITY. USING THE CONCEPTUAL ANALOGY OF THE TRUST EMPHASIZED THAT THE RIGHTS IN QUESTION BELONG TO THE CHILD AS BENEFICIARY AND NOT TO THE PARENT OR STATE AS TRUSTEE. TWO LIMITATIONS UPON THE EXERCISE OF THE CHILD'S RIGHTS BY PARENT OR STATE ARE IMPOSED: THE STANDARD OF CARE AND LOYALTY IN FIDUCIARY RELATIONSHIPS, AND THE DURATION OF THE TRUSTEE'S POWERS. THE TRUST MODEL IS EMPLOYED IN A DETAILED ANALYSIS OF CHILDREN'S RIGHTS IN THE JUVENILE JUSTICE SYSTEM (PERSONAL LIBERTY, STATUS OFFENSES, CIVIL LIBERTY), IN THE COMPULSORY EDUCATION SYSTEM (INTELLECTUAL DEVELOPMENT, DIGNITY AND SELF-RESPECT, THE EDUCATOR'S DUTY TO PRESERVE THE STUDENT'S RIGHTS. ENFORCEMENT IN THE COURTS), AND WITHIN THE FAMILY (NURTURING, CUSTODY DISPUTES, FREEDOM FROM ABUSE). (LKM)