Famliy Law - Parental Rights in Emotional Abuse and Neglect Cases - In Re Interest of Hochstetler
Loading...
Authors
Kessell, Cheryl M.
Issue Date
1985
Volume
18
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The ability to remove children from the custody of their mothers and fathers is one of the most extreme forms of the states' power. From a legal perspective, [the parent-child] relationship is probably the least secure in the family constellation. Intersibling and interspousal relationships are immune from readjustment or termination by the state against the will of the household. However, fostered by the historical doctrine of parens patriae, the government has assumed an expanding role as a protector of children and, in order to shield them from harm, has established and enforced certain legal duties that parents owe to their children. When parents will not fulfill their obligations voluntarily by seeking help, the state either intervenes coercively or usurps their role. The parent-child relationship is not defenseless against state intrusion, however. The due process clause of the United States Constitution is the foundation for families' rights to autonomy and privacy from unnecessary state imposition...
Description
Citation
18 Creighton L. Rev. 449 (1984-1985)
Publisher
Creighton University School of Law