NCJ Number
62092
Journal
Journal of Family Law Volume: 16, Dated: (FEBRUARY 1978) Pages: 239-264
Date Published
1978
Length
26 pages
Annotation
THE LAWS AND SUGGESTED REFORMS REGARDING TERMINATION OF PARENTAL RIGHTS ARE SUMMARIZED AND COMPARED WITH COURT DECISIONS IN SEVERAL STATES.
Abstract
RECOGNITION OF PARENTAL RIGHTS DEVELOPED FROM COMMON LAW'S TRADITION EMPHASIZING FATHERS' RIGHTS, LATER EXTENDED TO INCLUDE MOTHERS. PARENTAL RIGHTS EXTEND TO ALL AREAS OF A CHILD'S LIFE EXCEPT WHERE THERE IS CONTRARY TO AUTHORITATIVE PUBLIC POLICY. IN THE U.S., PARENTAL RIGHTS ARE EMBODIED IN THE DUE PROCESS CLAUSES OF THE FIFTH AND FOURTEENTH AMENDENTS. STATE INTERVENTION HAS BEEN JUSTIFIED ON THE PRINCIPLES OF THE CHILD'S BEST INTERESTS AND OF THE DUTY OF THE STATE TO PROTECT ALL PEOPLE WITH LEGAL DISABILITIES. PRECISE DEFINITIONS OF CHILDRENS' RIGHTS AS INDIVIDUALS ARE LACKING, BUT A CHILD'S RIGHT OF PROTECTION HAS BEEN ENUNCIATED. NUMEROUS AUTHORS RECOMMEND SPECIFIC CRITERIA FOR STATE INTERVENTION INTO THE PARENT-CHILD RELATIONSHIP. THE CHILD SHOULD POSSESS INDEPENDENT PARTY STATUS AND REPRESENTATION BY COUNSEL. SECOND, THE WISHES OF CHILDREN MENTALLY CAPABLE OF MAKING MEANINGFUL DECISIONS SHOULD BE GIVEN GREAT WEIGHT. THIRD, THE CHILD'S NEED FOR CONTINUITY OF RELATIONSHIPS AND THE SHORTCOMINGS OF STATE INTERVENTION SHOULD BE RECOGNIZED. IN ADDITION, SPECIFIC DEFINITIONS ARE REQUIRED OF HARM JUSTIFYING STATE INTERVENTION AND PROVISION OF SUPPORTIVE SERVICES TO PARENTS BEFORE EITHER VOLUNTARY OR FORCED REMOVAL OF THE CHILD. ANALYSIS OF FIVE SELECTED COURT CASES INDICATES THAT MOST OF THESE RECOMMENDED REFORMS ARE CONSIDERED BY COURTS, BUT DECISIONS ARE NOT BEING MADE QUICKLY ENOUGH. PARENTAL RIGHTS TO COUNSEL AND DUE PROCESS ARE BEING OBSERVED, BUT VAGUENESS OF STATUTES AND VARYING QUALITY OF SOCIAL SERVICE AGENCY INTERACTIONS WITH PARENTS NEED TO BE ADDRESSED. WIDER APPLICATION OF THE PROPOSED STANDARDS IS RECOMMENDED. FOOTNOTES AND REFERENCES ARE INCLUDED. (CFW)