The Oxford Handbook of Children and the Law 1st edition by James Dwyer ISBN 0190694394 978-0190694395

Part I Creating Children

1. The Regulation of Reproduction and Best Interests Analysis

1. Reproductive Regulation: Some Examples

3. A Word on Justification

2. When Does a Right to Life Arise?

1. Summary of Relevant Social and Biological Science in General

2. Prenatal Life and Personhood in American Law in General

3. Regulations of Abortion before Roe v. Wade (1973)

4. The Supreme Court Establishes the Constitutional Status of Unborn Children

5. Regulations of Abortion Since Roe v. Wade (1973)

6. Protection of Pre-Birth Human Life in Other Contexts

7. Implications

8. Conclusion

3. “Of Sound Mind and Body”: A Call for Universal Drug Screening for All Newborns

1. Impact of Prenatal Drug Exposure on Children

2. Children’s Rights in the Health Care Context

3. Child Protection and the Right to Be Born of Sound Mind and Body

4. The State’s Interest

5. Universal Screening of Newborns

6. Conclusion

Part II Parentage

4. The Neurobiology of Childhood Psychosocial Adversity

1. Introduction

2. A Basic Overview of Human Developmental Neurobiology

3. Expanding Core Concepts Relevant to the Law

4. Neurodevelopmental Effects of Childhood Psychosocial Stressors

5. Neurodevelopmental Effects of Psychosocial Deprivation: A Distinct Pathway?

6. Diversity of Outcomes among Children Exposed to Early Psychosocial Adversity

7. Conclusion: Summary and Relevance to the Law

5. Legislation in Search of “Good-Enough” Care Arrangements for the Child: A Quest for Continuity of Care

1. Introduction

2. Development of Attachment

3. Secure and Insecure Attachment

4. Attachment and Temperament

5. Impact of Early Attachments on Later Development

6. Institutional Care

7. Using Attachment-Based Measures to Make Custody Decisions

8. Conclusions

6. Screening Potential Parents

1. You Can’t Choose Your Parents

2. Constitutional and Moral Constraints on State Parentage Decision-Making

3. Identifying Unfit Birth Parents

4. Excluding Unfit Birth Parents

5. Conclusion

7. Procreation and Parenting

1. Genetic Paternity Law

2. Constitutional Rights and Genetic Connection

3. Genetic Parenthood Today

4. Conclusion

8. The ART of Parentage

1. Parents

2. Children

3. Applying the Laws: Problems for the Future

4. Conclusion

9. Adoption Versus Alternative Forms of Care

1. The English Preference for Adoption in Comparative Perspective

2. Adoption Versus Parental Care

3. Adoption Versus Kinship Care

4. Adoption Versus Foster Care

5. Adoption versus Institutional Care

6. Conclusion

10. Race and the Adoption of Children

1. Introduction

2. The History

3. Child Placement Principles

4. The Legal Context

5. The Multi-Ethnic Placement Act

6. The Case for Race Matching

7. The Scope of Antidiscrimination

8. Effects of MEPA

9. Conclusion

Part III Children in Families

11. Children in Fragile Families

1. What is the Nature of Parents’ Relationships and Resources at Birth?

2. What Happens to Parental Relationships and Resources over Time?

3. How Do Children Fare?

4. What Role Do Government Policies and Practices Play?

5. Summary and Conclusions

12. Protection of the Health of Newborns: What Ever Happened to Baby Doe?

1. Meet the Players

2. Medical Decision-Making

3. “Baby Doe” and “Baby Jane Doe”

4. Framework for Decision-Making

5. Conclusion

13. Corporal Punishment and the Law in Global Perspective

1. The Traditional Legal Approach to Corporal Punishment of Children: Distinguishing Punishment from Abuse

2. The Human Rights Approach to Corporal Punishment of Children

3. The Impact of Legal Prohibition of Corporal Punishment

4. Conclusion

14. Addressing Childhood Trauma: Phenomena as a Roadmap to Response

1. Phenomena of Childhood Trauma

2. Scope of the Problem

3. Trauma Phenomena as a Roadmap for Intervening

4. Early Identification and Intervention with Traumatized Children: Collaborative Reponses

5. Clinical Innovation in Addressing Peri-Traumatic Needs of Children

6. Long-Term Treatment of PTSD and Related Post-Traumatic Disorders

7. Summary

15. Disputes Over Medical Treatment for Children

1. Introduction

2. How Medical Decisions Differ from Other Decisions

3. The Claims of Parents

4. The Role of Doctors

5. Best Interests

6. Pulling Some Threads Together

7. Conclusion

16. Children’s Right to Privacy

1. Introduction

2. Children’s Privacy and the Law: An Overview

3. Children’s Privacy and the Parent–Child Relationship

4. Why Existing Legal Approaches to Children’s Privacy Are Inadequate

5. Toward a New Conception of Children’s Right to Privacy

6. Conclusion: Taking Children’s Privacy Right Seriously

17. The Child Protection System

1. Key Federal Statutes

2. Key Supreme Court Rulings

3. Child Protection: A Portal, Gates, and Decisions

4. Conclusion

18. Contested Child Protection Policies

1. Introduction

2. Policies That Prioritize Keeping Children with the Family of Origin

3. Policies That Prioritize Keeping Children with the Group of Origin

4. Conclusion

19. How Federal Laws Pertaining to Foster Care Financing Shape Child Welfare Services

1. Historical Background

2. Current Debates

3. Conclusion

20. Equal Parenting Time: The Case for a Legal Presumption

1. How Useful Is the Term “Shared Parenting” for Policy?

2. The Correlational Evidence and Policy Implications

3. Evidence for Causality of Parenting Time

4. Cultural Norms of Parenting Roles after Parental Separation

5. Evaluation of a Policy for Equal Parenting Time

6. US State Statutes Regarding Presumptions of Equal Parenting Time

7. Recent Canadian Case Law under the Maximum Contact Principle in Section 16(10) of the Divorce Act

8. Conclusions

21. Relational Parents: When Adults Receive Rights in Children Because of Their Relationship with a Parent

1. The Morphing of Family Patterns

2. Traditional Notions of Parentage and Family Privacy

3. The Contours of and Rationale for Relational Parentage

4. Child Protection Concerns

5. Parents Lose the Ability to Control Who Is in the Child’s Life

6. People Dangerous to Children Can Claim Rights

7. Conclusion

Part IV Children in Schools and Other Institutions

22. The Changing Landscape of Funding Public Elementary and Secondary Education in the United States

1. Introduction

2. Funding of Public Elementary and Secondary Education

3. State Constitutions

4. The Historical Conceptual Framework

5. The Changing Landscape

6. Conclusion

23. School Accountability

1. Standards-Based School Accountability: Context, Implementation, and Impacts

2. The History of School Accountability in the United States

3. Implementation of Standards-Based Accountability: Measures, Metrics, and Consequences

4. The Effects of Accountability on Students, Teachers, and Schools

5. Recommendations

24. Race and Education: School Desegregation and Resegregation since Brown and Promising Avenues toward Integration

1. Introduction

2. Development of Federal Law Governing Desegregation

3. Re-Segregation on the Rise: Extra-Legal Challenges to Integration

4. Recommendations for Lawyers: Promoting Integration

5. Conclusion

25. Children’s Religious Freedom in State Schools: Exemptions, Participation, and Education

1. The Presence of Religion in State Schools

2. Children’s Exemption Rights from Courses

3. State Schoolchildren and Religious Symbols

4. Conclusion

26. The Supreme Court has Spoken: The Potential Impact of Decisions Interpreting US Federal Statutes on the Education of Students with Disabilities

1. Relevant History

2. Recent Supreme Court Decisions

3. Putting the Cases Together

4. Moving Forward

27. Proposed Policies to Reduce Weapons in Schools: Based on Research from an Ecological Conceptual Model

1. Introduction

2. A Theoretical Framework

3. What Do We Mean by “Weapons in Schools?”

4. Are Weapons, Threats with Weapons, and Awareness of Weapons Prevalent in Schools?

5. Who Is the Victim When There Are Weapons on School Grounds?

6. Who Is Accountable and Needs Support When There Are Weapons Incidents in School?

7. The Role of District, Regional, and State-Level Leadership

8. Developing the Empirical Base for Policy and Law on Weapons at School

9. Moving Forward: Balancing Educational, Legal, and Social Justice Responses

28. Children at Risk of School Dropout

1. Introduction

2. Outline of the Legal Framework

3. English Lessons

4. Conclusion

29. The Intersection between Schools and the Criminal Justice System

1. Why the Intersection between Schools and the Criminal Justice System Has Tightened

2. How Schools and the Criminal Justice System Intersect

3. Consequences of the Tightened Intersection between Schools and the Criminal Justice System

4. Disparities Associated with These Negative Trends on Marginalized Student Groups

5. Alternative Measures to Promote Safe Environments Conducive to Learning

6. Conclusion

30. Private School Regulation: Individual Rights and Educational Responsibilities

1. Introduction

2. Constitutional Foundations

3. The Seminal Parental Rights Cases

4. The Difference Religion Makes

5. The Rights of the Child

6. The Regulatory Framework

7. Right or Responsibility?

31. Legislators Should Eliminate Religious Exemptions from Laws Protecting Children

1. The First Amendment Protects Children

2. Statutory Free Exercise Exemptions and Health

3. Conclusion

Part V Children in Society

32. Considerations for Policymaking Affecting Adolescents in the Liberal Democracy

1. Cognition and Decision-making During Adolescence

2. The Franchise

3. Driving

4. Legal Drinking Age

5. Conclusion

33. Children and Juvenile Justice Law: The Possibilities of a Relational-Rights Approach

1. Introduction

2. Four Justifications for Relational Juvenile Justice Law

4. Is Relationality Enough? Unpacking and Extending the Meaning of Autonomy in Juvenile Justice

34. Gender, Justice, and Youth Development

1. Learning from History

2. Trauma and Girls Who Are Systems-Involved

3. Race and Intersectional Identity

4. Systems Pathways for Girls: Issues and Solutions

5. Crossover Girls: Child Welfare to Juvenile Justice

6. Status Offenses and Technical Violations

7. Domestic Violence

8. Mental and Behavioral Health

9. Pregnancy and Parenting

10. Trafficking and Gender: A Case Study

11. LGBQ/GNCT Youth and Gender Bias

12. Future Directions in Policy, Practice, and Programs: Developmental Justice for Girls and Young Women

13. Conclusion

Part VI Advocating for Youth

35. Children’s Participation in Decisions about Parenting Arrangements

1. The Movement toward Greater Participation by Children

2. Expressing Views without Words

3. Scaffolding Children’s Participation

4. The Dilemmas of Hearing Children

5. How to Hear Children’s Voices

6. Limitations of Hearing from Children via Representation

7. Improving Children’s Participation

8. Conclusion

36. Reforming Child Welfare

1. A Federally Funded System with Minimal Government Oversight

2. Child Welfare Reform Litigation

3. How Litigation Gets Started

4. How These Cases Develop

5. Post-Judgment Work

6. What Makes a Good Child Welfare System

37. The Promises and Pitfalls of Constitutionalizing Children’s Rights

1. Introduction

2. The Case for Constitutionalizing Children’s Rights

3. Children’s Rights in the Irish Constitution before the 2012 Amendment

4. The 2012 Amendment

5. Conclusion

Afterword

Index