Each day, the safety and well-being of children across the Nation are threatened by child abuse and neglect. Intervening effectively in the lives of these children and their families are not the sole responsibility of any agency, but rather the safety and the care of the children in need. Child Protective Services (CPS) was created by law to make sure children are safe and to help families create a safe environment for their children. When investigating a report of abuse or neglect, CPS seeks active involvement from the children’s parents and other family members to help solve issues that lead to abuse or neglect. The objective of CPS is to reunify parents and children whenever possible, and if reunification is not possible, CPS will seek to
to Families with Dependent Children program should have been provided with a hearing before deciding on their admission. In accordance with the Due Process Clause they indeed did have a right to require this action, hence, acting without prior hearing was perceived
The overarching goal of Child Protective Services (CPS) is to protect children from instances of future abuse or neglect. In general, CPS is responsible for investigations of allegations of abuse and neglect, to initiate child protective proceedings and place children into foster homes when needed, with each state taking a different approach in how their agency is structured and operated. In the state of New York, CPS “first obligation is to help the family with services to prevent its break-up or to reunite it if the child has already left home” (FindLaw, 2016). The protection of the child focuses “on the child in the context of the family, and recognizes the value of the family to the child” (NY Committee on Children and Families, 2001).
Randy DeShaney, father of Joshua DeShaney, spent more time beating his four-year-old son than he did in prison. (Reidinger 49) Joshua’s mother, Melody DeShaney, sued the Winnebago County Department of Social Services alleging that they had deprived her son of his Fourteenth Amendment right. In order to understand the DeShaney v. Winnebago County Social Services Supreme Court case one must establish the history, examine the case, and explain the future impacts.
Whenever the court makes a decision to terminate parental rights and forego efforts to preserve the family based on the above mentioned conditions, it must set forth the reasoning in writing. Alternatively, if one of the conditions are met, and the court chooses not to terminate, but instead preserve the family unit it must make written finding to support that it is in the best interest of the child. S.C. Code Ann. § 63-7-1640 (1976)
“Justice consists not in being neutral between right and wrong, but in finding out the right and upholding it, wherever found against the wrong.”(Theodore Roosevelt) To start off let’s talk about Hammurabi, a king not many people knew about. Thanks to clay writing tablets found by archaeologist, we know some things about him. Some things we know about Hammurabi is that he was a king for 42 years! In addition to that he was a king of a city state in Mesopotamia called, Babylon. Something else about Hammurabi is that he took power in 1792 BCE. Hammurabi also developed a code totaling an astonishing 282 laws. My question I need to answer is, Was Hammurabi’s Code Fair? There are three areas of law in Hammurabi’s Code which can be proven to be just. These three areas of law are family law, personal injury law, and property law.
Reasoning: The State’s interest of preserving life can supersede parent’s decision for a child only
The Juvenile Justice Delinquency Prevention and Protection Act (JJDPA) was established in 1974 and was the first federal law that dealt comprehensively with juvenile delinquency to improve the juvenile justice system and support state and local efforts at delinquency prevention. This paper will assess the JJDPA and summarize its purpose and implementation and enforcement. Next, there will be a discussion of the historical context of the policy; followed by a focus of the latent consequences. Finally there will be a vignette as to how this Act has affected a person or family as well as personal reflection toward the policy.
Childress, S. (2016, June 2). More States Consider Raising the Age for Juvenile Crime. Retrieved from PBS: http://www.pbs.org/wgbh/frontline/article/more-states-consider-raising-the-age-for-juvenile-crime/
Textualism, as Antonin Scalia describes it, is inconsistent in its nature. While he first claims that a good textualist would never interpret the law with the legislator’s intent in mind, Scalia later violates his own convictions by allowing for corrections of Scrivener’s errors. In principle, correcting Scrivener’s errors requires the judge to think about what the original writer meant to say with the statute, not the literal meaning of the text. This may mean adding a single additional word to the statute, but something as deceptively simple as one word could have drastic effects on the meaning of the law. Therefore, Scalia cannot claim to account for Scrivener’s errors while also chastising methods of interpretation that consider what the
On February 26, 1986, a female student, whom the court records refer to as C.R., at Morton East High School in Illinois brought a note to her school psychologist, Dr. Rosario C. Pesce. The note informed the plaintiff that C.R.’s male friend (“J.D”) was struggling with shame, confusion, and suicidal thoughts because a male teacher at Morton East High School allegedly abused J.D. sexually. After hearing this, Dr. Pesce gave C.R. a professional therapist’s contact information to pass along to J.D., and later that day, J.D. chose to come see Dr. Pesce in his office to discuss his confusion and suicidal thoughts (“Dr. Rosario”).
Day, S. (2014). Runaway Man: A Journey Back to Hope. New York: Library of Congress.
There are many flaws throughout the child welfare system that can hinder its overall goal of protecting children. There have been several cases in child protection that have resulted in tragedy, either within the foster care system itself, or in the child’s biological home.
Discuss and describe the process in which juvenile cases can be transferred to adult courts.
Youth put in out-of-home consideration through the adolescent court experience numerous moves. While in consideration, youth move from arrangement to situation and eventually return home, move to another permanency alternative or free from the framework to autonomy. For adolescent court youth, move frequently brings about issues with getting to training, medicinal services advantages, stable lodging and monetary backings. Youth who "age out of" (exit) the child care or adolescent equity framework after age 18, face gigantic difficulties.