Children and the Law Posts

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.”

Minnesota School District Settles Free Speech Lawsuit

The Star Tribune recently reported that the Edina school board has settled a lawsuit filed against the school district by five high school students and their parents. The suit alleged the school district violated the students’ First Amendment rights by refusing to sponsor and later disbanding their Young Conservatives Club.

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