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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]


Summary of Contents

Volume 1

Introduction

Part I. Children in Families

Introductory Note

Note on Terminology

Chapter 1. Parental Authority and Responsibilities

  Topic 1. Duty to Provide Reasonable Economic Support
  Topic 2. Education
  Topic 3. Medical Care
  Topic 4. Duty to Protect Children from Harm
  Topic 5. Responsibility for Children’s Misconduct
  Topic 6. Decisions About a Child’s Associations

Chapter 2. State Intervention for Abuse and Neglect

  Introductory Note
  Note on Indian Child Welfare Act
  Topic 1. Right to Legal Representation
  Topic 2. Grounds
    Title A. Abuse
    Title B. Neglect (reference Chapter 2, Duty to Protect Children from Harm)
  Topic 3. Protecting Family Integrity
  Topic 4. State Authority to Remove a Child from the Care of a Parent or Guardian and Arrange for Alternative Care
  Topic 5. Obligation of the State to Make Reasonable Efforts to Reunify a Family
  Topic 6. Authority of State Courts to Make Determinations Related to Special Immigrant Juvenile Status
  Topic 7. Obligation of State when Child Is in Foster Care and Rights of Parents and Foster Parents
  Topic 8. Termination of Parental Rights
  Topic 9. Terminating State Care

Chapter 3. Child in Need of Services

  Introductory Note
  Topic 1. Grounds for Court Intervention
  Topic 2. Court-Ordered Dispositions
  Topic 3. Violation of Court Order

Chapter 4. Emancipation of Minors

Part II. Children in Schools

Introductory Note
Note on Terminology

Chapter 5. State Duty to Provide Free Public Education for All Children

Chapter 6. Discipline and Order Maintenance
  Topic 1. The Use of Force in Response to Student Behavior
  Topic 2. Exclusion from School

Chapter 7. Student Speech Rights

Chapter 8. Religion in Public Schools
  Topic 1. Students’ Religious Rights in Schools
  Topic 2. Constraints on Public Schools’ Involvement in Religion

Chapter 9. School Searches
  Topic 1. Search of Student Based on Individualized Suspicion
  Topic 2. Suspicionless Search of Student

Volume 2

Part III. Children in the Justice System

Introductory Note
Reporters’ Notes
Note on Terminology

Chapter 10. Pre-Adjudication
  Topic 1. Search and Seizure
  Topic 2. Interrogation and the Admissibility of Statements
  Topic 3. Pre-Adjudication Detention

Chapter 11. Delinquency Proceedings
  Topic 1. Minimum Age in Delinquency Proceedings
  Topic 2. Speedy Adjudication Hearing
  Topic 3. Representation by Counsel in Delinquency Proceedings
  Topic 4. Adjudicative Competence in Delinquency Proceedings
  Topic 5. Responsibility Defenses in Delinquency Proceedings
  Topic 6. Collateral Consequences of Delinquency Adjudication

Chapter 12. Delinquency Dispositions
  Topic 1. Dispositions in Delinquency Proceedings
  Topic 2. Duty of State to Provide Services and Regulation of Discipline in Juvenile Facilities

Chapter 13. Youths in the Criminal-Justice System
  Topic 1. Transfer to Criminal Court
  Topic 2. Adjudicative Competence in Criminal Proceedings
  Topic 3. Defenses Based on Immaturity in Criminal Proceedings
  Topic 4. Sentencing Youths in Criminal Court

Part IV. Children in Society

Introductory Note
Note on Terminology

Chapter 14. Medical Decisionmaking by Minors
  Topic 1. Medical Decisions by Mature Minors
  Topic 2. Medical Decisions Affecting Reproductive Health

Chapter 15. Minors’ Civil Rights and Civil Liberties Outside the School Context

Chapter 16. Juvenile Curfews

Chapter 17. Minors’ Obligations and Responsibilities
Topic 1. Minors’ Contractual Liability
Topic 2. Minors’ Tort Liability (cross-reference to Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm § 10 (2010))

Parallel Table

Index

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