NCJ Number
101571
Journal
Utah Law Review Volume: 1983 Issue: 1 Dated: (1983) Pages: 1-97
Date Published
1983
Length
97 pages
Annotation
After outlining the development of the child protection system in the United States during the late 19th and 20th centuries, as well as current criticisms of and proposals to reform that system, this article analyzes the operation of Utah's child protection system and argues for reform of the system's legal structure.
Abstract
The review of current proposals for reforming child protection systems in the United States focuses on substantive grounds for initial State intervention, substantive grounds for deciding when a child should be placed in foster care, standards for deciding whether to return children to their parents, and standards for determining when parental rights should be terminated. The description of the existing legal structure for the Utah child protection system encompasses court jurisdiction over dependent and neglected children, judges' power at disposition, the extent of judicial case review, the criteria for returning children in foster care to their parents, and the termination of parental rights. Empirical data from system personnel interviews and statistical analysis are used to analyze how the system operates under the discretion of judges and social workers. The article recommends modifying laws to restrict the discretion of judges and social workers at the jurisdictional and dispositional stages of juvenile court proceedings. 500 footnotes.