Children and the Law Posts
The Institute in the Courts: Court of Appeals of Oregon Cites Restatement of the Law, Children and the Law
In In re C. L. E., 502 P.3d 1154 (Or. Ct. App. 2021), the Court of Appeals of Oregon cited Restatement of the Law, Children and the Law § 15.30 (Tentative Draft No. 2, 2019) (subsequently renumbered as § 13.40), which the membership approved at the 2019 Annual Meeting.
Children’s Digital Privacy and the Case Against Parental Consent
As companies rely on the verifiable parental consent required by the Children’s Online Privacy Protection Act to collect and use minors’ data, reviewing boilerplate waivers of liability and consent forms for children’s online activities have thus become part of parenting.
Confronting Indeterminacy and Bias in Child Protection Law
A child protection reform legislative agenda has begun to emerge, but without comprehensively addressing the indeterminacy at the heart of the present legal structure. This Article argues a transformed system must include determinate substantive standards for various stages of child protection cases to limit the system’s scope and the potential for biased decision-making.
A Reexamination of the Parens Patriae Power
This article reexamines the theory of the parens patriae power and shows that far from being obsolete, it continues to have an impact in the juvenile legal system, particularly on the interpretation of minors’ constitutional rights in juvenile and criminal law.
October 2021 Council Meeting Updates
At its meeting on October 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts.
Washington Law Will Require Juveniles Speak to Attorneys First
Washington State law, House Bill 1140, requires that juveniles being questioned in connection to a crime must confer with an attorney before they can speak with, or are interviewed by, police. A column in the Yakima Herald delves into the topic and the countering viewpoints.
Children as Bargaining Chips
This Article focuses on the question of how the law should distinguish between the state’s exercise of its custodial powers for permissible grounds, such as to protect the child, and its exercise of custodial powers for impermissible grounds, such as to induce the parent to give up another right.
The Constitutional Limits on Custodial and Support Parentage by Consent
This article is the first to review comprehensively the constitutional issues arising from the new state laws on parentage by consent, including residency/hold out parentage; spousal parentage; de facto parentage; voluntary acknowledgment parentage; and assisted reproduction parentage.
Actions Taken at the 2021 Annual Meeting (May Session)
The first segment of this year’s virtual Annual Meeting adjourned last week. Below is a summary of the actions taken on May 17 and 18. All approvals by the membership at the Annual Meeting are subject to the discussion at the Meeting and the usual editorial prerogative.
Children and the Law: School Searches – Search Based on Individualized Suspicion
Restatement of the Law, Children and the Law, Tentative Draft No. 3 (TD3) will be presented to ALI membership at the 2021 ALI Annual Meeting. This post includes black letter and Comment excerpted from this draft, which contains § 10.10. Student Search by School Officials Based on Individualized Suspicion.