Preventing Judicially Mandated Orphans  

Oleh:

Legere, Theresa D.

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Family Court Review vol. 38 no. 2 (Apr. 2000), page 260-281.
Fulltext: 260fcr382.pdf (71.5KB)

Isi artikel

The courts intrude into the sanctity of family relationships too often, especially with respect to impoverished families. Many circumstances found in such families, including economic factors, employment, and drug and alcohol abuse, are prevalent in poor communities. Instead of stripping children from their parents, the courts should aid families by targeting common problems and helping to preserve the parent-child relationship. This article focuses on the conflicting interests comprising the child protective system, some federal and state child welfare legislation, the idea of increasing the standard of proof in termination of parental rights proceedings, and the constitutionality of relevant legislation and its implementation. Not only is that legislation unconstitutional, but it is unfair to impoverished families, and not completely ineffective at reaching its goal.

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