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How Federal Laws Pertaining to Foster Care Financing Shape Child Welfare Services 关于寄养融资的联邦法律如何影响儿童福利服务
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.21
J. Berrick, Daniel Heimpel
{"title":"How Federal Laws Pertaining to Foster Care Financing Shape Child Welfare Services","authors":"J. Berrick, Daniel Heimpel","doi":"10.1093/oxfordhb/9780190694395.013.21","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.21","url":null,"abstract":"This chapter examines federal child welfare policy in historical perspective with close attention to the financial inducements used to encourage state policy and practice. The authors show that rather than setting a single child welfare policy for all fifty states, the US approach relies heavily on the budgeting process as a mechanism for shaping the field. Examples include the structure for accepting and responding to child maltreatment referrals; the design of foster care services; the approach to reunification and permanency services; extension of foster care beyond age eighteen; and, most recently, adoption of foster care prevention services to reduce reliance on out-of-home care. The result is similar system goals across states, with ample opportunities for disparate system designs and likely different experiences for families.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130039382","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The Changing Landscape of Funding Public Elementary and Secondary Education in the United States 美国中小学公共教育经费的变化
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.24
R. Wood
{"title":"The Changing Landscape of Funding Public Elementary and Secondary Education in the United States","authors":"R. Wood","doi":"10.1093/oxfordhb/9780190694395.013.24","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.24","url":null,"abstract":"Funding of elementary and secondary education in the United States reflects a complex assortment of state constitutional mandates, federal laws, state statutes, and federal and state rules and regulations. The United States does not have a monolithic model of funding public schooling. In fact, in the past twenty years state legislatures have moved from the traditional public-school system to a model of funding three separate and distinct systems. These systems include the traditional system, a charter system, and a voucher system. The traditional system’s values are largely based on equity, fairness, and attempting to have a common set of educational experiences provided to all children on an equal footing. The charter system values innovation, experimentation, parental choice, and reduction of educational bureaucracy. The voucher system reflects values encompassing maximum parental choice, freedom of regulations, and individualism. Each system has its strengths and its weaknesses.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125360971","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Supreme Court Has Spoken 最高法院已经做出裁决
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.30
Thomas Hehir
{"title":"The Supreme Court Has Spoken","authors":"Thomas Hehir","doi":"10.1093/oxfordhb/9780190694395.013.30","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.30","url":null,"abstract":"Two 2017 decisions of the United States Supreme Court could powerfully impact the education of students with disabilities. Frye v. Napoleon Community Schools (2017) addressed whether the Americans with Disabilities Act (ADA) entitled a student with physical disabilities to use a service dog in school. Endrew v. Douglas County School District (2017) addressed whether a child with autism was denied a “free appropriate public education” (FAPE) within the meaning of the Individuals with Disabilities Education Act (IDEA). Taken together these cases underscore core principles in both statutes. The Endrew decision clarifies that the fundamental entitlement in IDEA of FAPE is a substantive one requiring schools to offer an individualized education plan (IEP) that is “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.” The Frye decision clarifies that the ADA applies to school-age children when discrimination, not FAPE, is at issue. The chapter cautions against over reliance on court decisions alone to improve educational opportunity for students with disabilities and proposes reforms that seek to improve the capacity of schools to provide improved educational opportunity for students with disabilities.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"153 s1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132477097","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Disputes over Medical Treatment for Children 儿童医疗纠纷
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.17
J. Herring
{"title":"Disputes over Medical Treatment for Children","authors":"J. Herring","doi":"10.1093/oxfordhb/9780190694395.013.17","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.17","url":null,"abstract":"This chapter explores the law’s response to conflicts between parents and medical professionals over medical treatment of children. It acknowledges that generally the law gives parents considerable leeway over how to raise children and will only allow intervention in cases where the parents cannot reach agreement over an issue or the parents are causing the child significant harm. The chapter explores why medical treatment might be seen as different from other issues concerning children—in particular because there are authoritative alternative decision-makers (doctors) who can claim to have greater expertise than parents. However, it is claimed that end-of-life cases tend to raise issues that are not solely medical and hence a dialogue between doctors and parents is essential to determine the child’s best interests.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126080682","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Considerations for Policymaking Affecting Adolescents in the Liberal Democracy 自由民主制下影响青少年的决策考量
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.34
V. Hamilton
{"title":"Considerations for Policymaking Affecting Adolescents in the Liberal Democracy","authors":"V. Hamilton","doi":"10.1093/oxfordhb/9780190694395.013.34","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.34","url":null,"abstract":"Adolescents are developmentally distinct from both children and fully mature adults in ways that are relevant to policymaking. This chapter discusses some of those developmental differences and shows how the decision-making context influences adolescent competence in different settings. Thus, depending on the nature of the decision and the context in which decision-making will occur, policies appropriately extend to adolescents the ability to exercise different rights at different ages. This chapter focuses on three areas of non-criminal regulation of adolescent life: voting, driving, and the purchase/consumption of alcohol.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128145486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Child Protection System 儿童保护制度
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/OXFORDHB/9780190694395.013.19
R. Gelles
{"title":"The Child Protection System","authors":"R. Gelles","doi":"10.1093/OXFORDHB/9780190694395.013.19","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.19","url":null,"abstract":"This chapter examines the child protective system in the United States by first examining the scaffolding created by federal legislation and federal funding. Next, it reviews three significant Supreme Court decisions that bear on the operation of child protective service systems. Lastly, it examines the common process and flow of individual cases of child abuse and neglect from initial reporting, through investigation, service response, possible out-of-home placement, and finally decisions regarding when and why to close the case. The conclusion discusses the three core goals of the child protective service system: safety and wellbeing of children; permanency of caregiving; and family preservation.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129274945","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Children at Risk of School Dropout 面临辍学风险的儿童
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.29
L. Ferguson
{"title":"Children at Risk of School Dropout","authors":"L. Ferguson","doi":"10.1093/oxfordhb/9780190694395.013.29","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.29","url":null,"abstract":"This chapter begins by outlining the routes through which children drop out of school. It then draws on the failings of the English system to suggest six key lessons for other jurisdictions. The first centers on how academic results–driven accountability measures push schools and decision-makers into unjustifiably excluding children. The second demonstrates the vulnerability of discretionary frameworks to perverse incentives and unintended negative consequences for children at risk of school dropout. The third highlights the difficulties created by increased autonomy for teachers and schools. The fourth reveals how additional protections for particularly vulnerable children are constrained by the broader exclusion regime. The fifth and sixth demonstrate the need for jurisdictions to revisit the conceptual and empirical basis of their legal frameworks for exclusion, whether grounded in best interests, competing interests, or children’s rights. The chapter concludes by emphasizing the need to develop empirical evidence to underpin decisions around dropout.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132918701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Legislators Should Eliminate Religious Exemptions from Laws Protecting Children 立法者应该从保护儿童的法律中取消宗教豁免
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.33
Marci A. Hamilton, Leslie C. Griffin
{"title":"Legislators Should Eliminate Religious Exemptions from Laws Protecting Children","authors":"Marci A. Hamilton, Leslie C. Griffin","doi":"10.1093/oxfordhb/9780190694395.013.33","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.33","url":null,"abstract":"The laws that protect children apply to everyone, religious and nonreligious. Too often, however, parents claim exemptions from child-protecting laws in the name of religious freedom beyond that which is required by the First Amendment. They refuse to vaccinate or to secure medical care for injury or illness, or they harm, abuse, or even kill their children, claiming they are doing so for protected religious reasons. This chapter argues that all children need full protection of the laws prohibiting abuse and neglect, and all parents must obey them. Children are no longer property; they are persons, and the laws that affect them should prevent harm, not cause it. Children’s health, safety, and well-being are rights that should be protected even against parents who harm them.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114823539","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Corporal Punishment and the Law in Global Perspective 全球视角下的体罚与法律
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/OXFORDHB/9780190694395.013.15
J. Durrant
{"title":"Corporal Punishment and the Law in Global Perspective","authors":"J. Durrant","doi":"10.1093/OXFORDHB/9780190694395.013.15","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.15","url":null,"abstract":"Debates over corporal punishment’s effectiveness have come to an end. No study has shown it to have long-term benefits, while many have demonstrated its substantial and wide-ranging risks. Today, the primary focus is on ending it. The increasing recognition of children as rights-bearers is leading an ever-growing number of countries to legally prohibit corporal punishment of children. These laws are intended to foster recognition of children’s rights to protection from all violence, reduce approval and use of corporal punishment, and lower the threshold for tolerance of violence against children. Population-level data from Sweden, Germany, and New Zealand indicate that these changes are taking place. Additional research suggests that a combination of prohibition and large-scale public education is the most effective route to ending the corporal punishment of children.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123465229","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
Screening Potential Parents 筛选潜在父母
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/OXFORDHB/9780190694395.013.6
J. Dwyer
{"title":"Screening Potential Parents","authors":"J. Dwyer","doi":"10.1093/OXFORDHB/9780190694395.013.6","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.6","url":null,"abstract":"The state scrutinizes potential parents with some rigor in the context of adoption, and with good reason. There is no justification for not doing so as well in choosing a newborn child’s first legal parents. This chapter describes nascent efforts to identify unfit biological parents at the time of birth, before they assume custody and subject a child to maltreatment—specifically, toxicology testing of newborns and examination of birth parents’ child-maltreatment history. The chapter then provides a theoretical normative argument for further developing such efforts. It analogizes state creation of legal parent-child relationships to state creation of legal family relationships between adults (i.e., marriage). It explains that parentage law can and should imitate marriage law in one crucial respect—namely, requiring a mutuality of consent between the two parties, with the state serving as an agent for the child in consenting to (or rejecting) a family relationship with particular adults based on its best judgment as to whether forming a legal family with those adults is in the child’s best interests all things considered.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":" 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113949250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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