We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
NON-OFFENDING PARENTS, CHILDREN, AND THE FOURTEENTH AMENDMENT IN CHILD PROTECTION PROCEEDINGS: A CRITIQUE OF IN RE SANDERS--ONE COURT'S ARBITRARY DESTRUCTION OF THE ONE PARENT DOCTRINE.
- Authors
Paruch, Deborah
- Abstract
The landscape of the American family has changed dramatically in recent decades, which is demonstrated in the growing separation of marriage and parenthood. Challenging legal issues arise in child protection proceedings when a child raised in a single parent household is abused or neglected by the custodial parent. These difficult questions stem from the fact that the constitutional rights of the non-custodial parent in the care and custody of their child can frequently be at odds with the rights of the children involved. The majority of states require a family court to take jurisdiction over an abused or neglected child based solely on the conduct of the offending parent. Additionally, child protection statutory schemes require courts to determine the proper placement of the child and allow courts to order a non-custodial/non-offending parent to participate in services. This practice, which has been referred to by some as the one parent doctrine, has come under recent criticism by some legal scholars and challenged by parents on constitutional grounds. The author explores the decision reached in In Re Sanders, explains the arguments of the critics, and concludes that the one parent doctrine should be upheld against future challenges because the procedures set out in the doctrine, and as adopted by the vast majority of states, adequately protect the due process rights of nonadjudicated parents while also affording courts the necessary authority to weigh those interests based upon the facts of each individual case and the best interests of the children involved.
- Subjects
PARENT-child relationships; LEGAL status of children; CHILDREN'S rights; CHILD abuse laws; DIVORCE law
- Publication
UMKC Law Review, 2015, Vol 84, Issue 1, p97
- ISSN
0047-7575
- Publication type
Article