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  1. Home
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  3. Children and the Law
Home Children and the Law
  1. Publications
Restatement of the Law,

Children and the Law

This is the first Restatement to comprehensively examine the legal regulation of children. It covers issues such as parental rights and state intervention in cases of abuse and neglect; the rights of students and the limits of state authority in public schools; the rights and special protections of youths in both the juvenile- and criminal-justice systems, from police contact to dispositions and sentencing; and children as legal persons, including their free-speech rights and the authority of minors to consent to certain medical decisions, among other topics.

Reporter:
Elizabeth S. Scott, Columbia Law School, New York, NY 
Associate Reporters: 
Richard J. Bonnie, University of Virginia School of Law, Charlottesville, VA
Emily Buss, University of Chicago Law School, Chicago, IL
Clare Huntington, Columbia Law School, New York, NY
Solangel Maldonado, Seton Hall University School of Law, Newark, NJ
David D. Meyer, Tulane University Law School, New Orleans, LA [2015-2020]

Tentative Draft No. 6 (Electronic PDF)

572 pages, 2024, #1RCHLTD6E

Tentative Draft No. 6 contains material from Chapter 2, State Intervention for Abuse and Neglect, Chapter 4, Emancipation of Minors, Chapter 7, Student Speech Rights, Chapter 11, Delinquency Proceedings, Chapter 12, Delinquency Dispositions, Chapter 13, Juveniles in the Criminal Justice System, Chapter 14, Medical Decisionmaking by Minors, and Chapter 16, Juvenile Curfews. The membership voted to approve this draft at the 2024 Annual Meeting subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

Table of Contents

Project Status at a Glance

Foreword 

Reporters’ Memorandum 

Projected Overall Table of Contents 

Introduction 

Part I. Children in Families

Note on Definition of a “Parent” 

Chapter 2. State Intervention for Abuse and Neglect

Note on Indian Child Welfare Act

Topic 1. Right to Legal Representation

§ 2.10. Parents’ Right to Counsel in Child Protection and Termination Cases 

§ 2.11. Children’s Right to Representation in Child Protection and Termination Cases 

Topic 2. Grounds

Title A. Abuse

§ 2.21. Sexual Abuse 

Topic 4. State Authority to Remove a Child from the Care of a Parent or Guardian and Arrange for Alternative Care

§ 2.45. Alternative Care for the Child Following Removal 

Topic 6. Authority of State Courts to Make Determinations Related to Special Immigrant Juvenile Status

§ 2.60. Authority of State Courts to Make Determinations Related to Special Immigrant Juvenile Status 

Topic 9. Terminating State Care

§ 2.90. Permanent Placement Options and Permanency Hearings 

Chapter 4. Emancipation of Minors

§ 4.10. Emancipation of a Minor and the Rights and Obligations of Emancipated Minors

Part II. Children in Schools

Chapter 7. Student Speech Rights

§ 7.10. Students’ Right of Personal Expression in Public School

Comment k. Dress codes and school uniforms

Comment l. Students’ right to access information in school

Part III. Children in the Justice System

Introductory Note

Chapter 11. Delinquency Proceedings

Topic 6. Collateral Consequences of Delinquency Adjudication

§ 11.61. Use of Delinquency Finding as a Predicate for Sex Offender Classification 

Chapter 12. Delinquency Dispositions

Topic 2. Duty of State to Provide Services and Regulation of Discipline in Youth Facilities

§ 12.20. Duty of State to Provide Services and Safe, Healthy Conditions to a Youth in State Custody Pursuant to a Delinquency Disposition

§ 12.21. Regulation of Discipline of a Youth in State Custody Pursuant to a Delinquency Disposition 

Chapter 13. Juveniles in the Criminal Justice System

Topic 1. Transfer to Criminal Court

§ 13.10. Transfer to Criminal Court; Determinative Factors and Requirement of Particularized Findings 

§ 13.11. Youth’s Right to Expert Assessment in Transfer Proceeding 

§ 13.12. Use of Incriminating Disclosures in Connection with Transfer Proceeding 

Topic 3. Defenses Based on Immaturity in Criminal Proceedings

§ 13.31. Admissibility of Developmental Evidence to Negate a Culpable Mental State in a Criminal Prosecution 

Topic 4. Sentencing Juveniles in Criminal Court

§ 13.40. Mitigation in the Sentencing of Juveniles 

Part IV. Children in Society

Introductory Note 

Chapter 14. Medical Decisionmaking by Minors

Topic 2. Medical Decisions Affecting Reproductive Health

§ 14.20. Consent by a Minor to Reproductive-Health Treatment 

Chapter 16. Juvenile Curfews

§ 16.10. Juvenile Curfews 

Appendix A. Black Letter of Tentative Draft No. 6 

Appendix B. Black Letter of Sections Approved by Membership 

$10.00

Tentative Draft No. 5 (Electronic PDF)

334 pages, 2023, #1RCHLTD5E

Tentative Draft No. 5 contains material from Chapter 1, Parental Authority and Responsibilities, Chapter 2, State Intervention for Abuse and Neglect, and Chapter 3, Child in Need of Services, of Part I on Children in Families; Chapter 13, Delinquency Proceedings, of Part III on Children in the Justice System; and Chapter 18, Minors’ Civil Rights and Civil Liberties Outside the School Context, and Chapter 20, Minors’ Obligations and Responsibilities, of Part IV on Children in Society. The membership voted to approve this draft at the 2023 Annual Meeting, subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

$10.00

Tentative Draft No. 4 (Electronic PDF)

534 pages, 2022, #1RCHLTD4E

Tentative Draft No. 4 includes material from Chapter 1, Parental Authority and Responsibilities, and Chapter 2, State Intervention for Abuse and Neglect, of Part I (Children in Families); Chapter 5, State Duty to Educate Children, of Part II (Children in Schools); and Chapter 12, Pre-Adjudication, Chapter 13, Delinquency Proceedings, Chapter 14, Delinquency Dispositions, and Chapter 15, Juveniles in Criminal Justice System, of Part III (Children in the Justice System), as well as three new Comments to be added to previously approved Sections in Part II. The membership voted to approve this draft at the 2022 Annual Meeting, subject to the discussion at the Meeting and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

$10.00

Tentative Draft No. 3 (Electronic PDF)

286 pages, 2021, #1RCHLTD3E

Tentative Draft No. 3 includes § 2.22 from Chapter 2, State Intervention for Abuse and Neglect; § 8.10 from Chapter 8, Student Speech Rights; §§ 9.10 and 9.20 from Chapter 9, Religion in Public Schools; §§ 10.10 and 10.20 from Chapter 10, School Searches; and §§ 12.10 and 12.11 from Chapter 12, Pre-Adjudication. This draft was approved by the membership at the 2021 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

$10.00

Tentative Draft No. 2 (Electronic PDF)

402 pages, 2019, #1RCHLTD2E

Tentative Draft No. 2 contains §§ 1.80-1.82 of Chapter 1, Parental Authority and Responsibilities; § 2.24 of Chapter 2, State Intervention for Abuse and Neglect; §§ 8.10 and 8.20 of Chapter 8, Discipline and Order Maintenance; § 15.30 of Chapter 15, Delinquency Proceedings; § 17.20 of Chapter 17, Juveniles in the Criminal Justice System; and §§ 19.01 of 19.02 from Chapter 19, Medical Decisionmaking by Minors. The draft was approved by the membership at the 2019 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text of the entire project is published.

$10.00

Tentative Draft No. 1 (Electronic PDF)

388 pages, 2018, #1RCHLTD1E

Tentative Draft No. 1 contains portions of Chapters 1-3 of Part I, Children in Families, and portions of Chapter 14 of Part III, Children in the Justice System. The draft was approved by the membership at the 2018 Annual Meeting, subject to the discussion at the Meeting and to the usual editorial prerogative. This material may be cited as representing the Institute’s position until the official text of the entire project is published.

$10.00

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