NCJ Number
152281
Journal
Family Law Quarterly Volume: 27 Issue: 3 Dated: (Fall 1993) Pages: 365-393
Date Published
1993
Length
29 pages
Annotation
This article examines legal issues in the "Gregory K." case, in which an 11-year-old boy filed a petition in his own name, and with his privately retained legal counsel, seeking to terminate the parent-child relationship with his biological parents, while also seeking declaratory relief regarding his constitutional and other legal rights.
Abstract
On September 25, 1992, judge Thomas Kirk granted Gregory K.'s petition for termination and allowed his adoption by his foster parents. The case is still pending in the appeals process. This article views the Gregory K. case as a needed legal option precipitated by the failure of State child-protection agencies to act in the best interests of the children they are supposed to serve. The author argues that although legal recognition of standing for children to bring actions to terminate the parent/child relationship and to be parties to disputed custody cases will not end the massive problem of abuse, neglect, and abandonment of children in the Nation, such changes are a necessary precondition for children being able to defend themselves and for the child protective system becoming part of the solution instead of part of the problem. This should involve a review of the entire basis for the foster care system. There should be a reconsideration of what constitutes a real "family," and then establish laws that will protect nurturing, loving, and significant emotional/psychological relationship and not merely biological families when they are clearly dysfunctional and incapable of meeting children's needs. The court was correct in the Gregory K. case in entering an "order on standing" which declared that minors have the same constitutional rights as adult to due process; equal protection; privacy; access to the courts; and the right to defend life, liberty, and to pursue happiness. 139 footnotes