Children and the Law Posts

What is the Children and the Law Restatement?

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The Children and the Law Restatement aims to present a contemporary conception of parental rights and authority with the promotion of child welfare as a core goal, while grappling with questions about the legal personhood of children. Here is a video explaining the scope of the project.

Use of Incriminating Disclosures in Connection with Transfer Proceedings

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This week, project participants for ALI’s Children and the Law Restatement gather in Philadelphia to discuss Preliminary Draft No. 5, which includes three Sections from Part III. Children in the Justice System:

Justin Driver Discusses Public Education

Justin Driver of the University of Chicago Law School recently visited the National Constitution Center for a stimulating discussion on the role the U.S. Supreme Court has played in defining the rights of students in America’s public schools, from race and drugs to religion and free speech.

Rights of a Juvenile in Custody; Definition of Custody

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Part III of the Children and the Law project deals with juvenile justice doctrine. In this area, modern courts increasingly have focused on differences between juvenile and adult offenders, often invoking research on adolescent development to guide legal decisionmaking. As the Introduction to this Part indicates, the Supreme Court has played an important role in promoting this developmental approach; in several opinions, the Court has determined that the immaturity of adolescents should inform the justice system response to juvenile offending.

Parental Authority and Responsibility for Medical Care

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Two Sections from the 2018 Annual Meeting draft deal with this topic. Black letter for each Section is included below. The full draft contains Comments (with Illustrations) and Reporters’ Notes.

Is lack of dental care child neglect?

A Stroudsburg, Pa., mom was threatened to be reported for child abuse after a dentist claims she failed to take her child for regular dental treatment.

On March 19, Trey Hoyumpa posted a letter she received from Smiles 4 Keeps, a pediatric dental office in Bartonsville, Pa.

In the letter, the office informs her that if she does not bring her child for a “regular professional cleaning and treatment,” they can charge her with “dental neglect.”