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Parental Rights (parental + right)

Distribution by Scientific Domains

Law and Criminology	50%
Humanities and Social Sciences	50%

Selected Abstracts

Parental Rights in Diverse Family Contexts: Current Legal Developments,

FAMILY RELATIONS, Issue 4 2002
Denise A. Skinner
Here, we review case law as it applies to parental rights. Specifically, we examine two issues: (a) Who has been awarded the right to parent? and (b) What rights have been bestowed to parents? The review demonstrates how family law in the United States reflects and perpetuates society's ambivalence about family structure and, subsequently, parental rights and responsibilities. On the basis of this analysis, we recommend a broadened legal perspective that not only communicates society's expectation of responsible parenting but, in addition, gives legal recognition to diverse family forms in which members carry out these responsibilities. [source]

Shaping Future Children: Parental Rights and Societal Interests

THE JOURNAL OF POLITICAL PHILOSOPHY, Issue 4 2005
Dan W. Brock
First page of article [source]

TRADE-OFFS IN FORMULATING A CONSISTENT NATIONAL POLICY ON ADOPTION*

FAMILY COURT REVIEW, Issue 2 2008
Mary Eschelbach Hansen
Just as the courts must consider the trade-off between the best interest of the child and parental rights in involuntary termination of parental rights, policy on international adoption must consider the trade-offs between the best interest of the child and the long-term interests of the nation. We argue that countries that suspend international adoptions do not maximize social welfare. A consistent national policy to maximize the well-being of the children and society at large would be to devote resources today to the oversight of international adoption in accord with child protections under the Hague Convention, while at the same time developing a domestic system of care that provides for the physical and developmental needs of orphaned children in the context of permanent families. [source]

STATE SUPREME COURT APPLICATIONS OF TROXEL v. GRANVILLE AND THE COURTS' RELUCTANCE TO DECLARE GRANDPARENT VISITATION STATUTES UNCONSTITUTIONAL

FAMILY COURT REVIEW, Issue 1 2003
Kristine L. RobertsArticle first published online: 15 MAR 200
In this article, the author reviews state supreme court applications of Troxel v. Granville, analyzing the impact of the decision on the courts' ongoing efforts to adjudicate visitation disputes between parents and grandparents. Set against a background of legislative recognition of grandparents' rights and judicial uncertainty regarding the appropriate role of nonparents in children's lives, Troxel reaffirmed the constitutional right of parents to direct their children's upbringing. The author argues that state supreme courts evaluating gradparent visitation statutes and seeking to enforce Troxel's presumption in favor of parents should be more willing to strike down overly broad statutes. Such an approach would be a positive step toward addressing the excessive judicial discretion that the Troxel Court found so problematic, and would signal to state legislatures the need for statutes that both provide for the needs of children and protect parental rights. [source]

Parental Rights in Diverse Family Contexts: Current Legal Developments,

The infant protection system in France: How does it work?,

INFANT MENTAL HEALTH JOURNAL, Issue 1 2008
Antoine Guedeney
The French system for protection of infants and toddlers relies on the collaboration of several different partners for preventing, screening, assessing, intervening in, and treating cases of infant abuse and neglect. This article first provides a brief historic overview and some data about the protection of infants in France, with data focused on the Parisian area. We then describe the tasks and interconnections of these different agencies and administrations, and offer some reflections on the actual functioning of the system. Finally, some suggestions for changes are provided. Discussion should begin on a theoretical level regarding whether we should continue with institutionalization of infants for long periods of time, as is still the case in Paris. Discussion also should take place regarding which is the higher priority when infants and children are in situations of danger, abuse, and/or neglect of infants: (a) the hope of reestablishing parental rights or (b) the need of the infant for a secure and stable attachment relationship. The process of evaluating parental caregiving skills would benefit from more clinical observation as well as structured methods of assessment. [source]

Treating Substance-Abusing Parents: A Study of the Pima County Family Drug Court Approach

JUVENILE AND FAMILY COURT JOURNAL, Issue 4 2004
JOSÉ B. ASHFORD
ABSTRACT A geographical comparison-group design was used to examine the effectiveness of the Pima County (Arizona) Court Assisted Treatment Services (CATS) program and its drug court intervention. The study compared the summary statistics for the volunteers to the family drug court (n=33) with a treatment-refusal group (n=42) and a treatment-as-usual group (n=45) from a matched geographical area. The findings of this study indicate that the family drug court group had higher engagement and completion rates of residential treatment than was true of the other comparison groups. In addition, the volunteers to the family drug court group had fewer parental rights severed, a higher percentage of permanency decisions reached within one year, earlier permanency decisions, and a higher percentage of children placed with their parents. The implications of this study's findings for future evaluations of the components of a family drug court intervention are discussed. [source]

Problematising home education: challenging ,parental rights' and ,socialisation'

LEGAL STUDIES, Issue 4 2004
Daniel Monk
In the UK, home education, or home-schooling, is an issue that has attracted little public, governmental or academic attention. Yet the number of children who are home educated is steadily increasing and the phenomenon has been referred to as a,quiet revolution,. This paper neither celebrates nor denigrates home educators; its aim, rather, is to identify and critically examine the two dominant discourses that define the way in which the issue is currently understood. First, the legal discourse of parental rights, which forms the basis of the legal framework and, secondly, a child psychology/common-sense discourse of ,socialisation', within which school attendance is perceived as necessary for healthy child development. Drawing on historical sources, doctrinal human rights and child psychology and informed by post-structural and feminist perspectives, this article suggests that both discourses function as alternative methods of governance and that the conflicting,rights claims'of parents and children obscure public interests and fundamental questions about the purpose of education. [source]

REVISITING CHILD-BASED OBJECTIONS TO COMMERCIAL SURROGACY

BIOETHICS, Issue 7 2010
JASON K.M. HANNA
ABSTRACT Many critics of commercial surrogate motherhood argue that it violates the rights of children. In this paper, I respond to several versions of this objection. The most common version claims that surrogacy involves child-selling. I argue that while proponents of surrogacy have generally failed to provide an adequate response to this objection, it can be overcome. After showing that the two most prominent arguments for the child-selling objection fail, I explain how the commissioning couple can acquire parental rights by paying the surrogate only for her reproductive labor. My explanation appeals to the idea that parental rights are acquired by those who have claims over the reproductive labor that produces the child, not necessarily by those who actually perform the labor. This account clarifies how commercial surrogacy differs from commercial adoption. In the final section of the paper, I consider and reject three further child-based objections to commercial surrogacy: that it establishes a market in children's attributes, that it requires courts to stray from the best interests standard in determining custodial rights, and that it requires the surrogate to neglect her parental responsibilities. Since each of these objections fails, children's rights probably do not pose an obstacle to the acceptability of commercial surrogacy arrangements. [source]