This Restatement will deal comprehensively with the legal regulation of children, rather than solely with family law matters.
Reporter: Elizabeth S. Scott, Columbia Law School
Associate Reporters: Richard J. Bonnie, University of Virginia School of Law; Emily Buss, University of Chicago Law School; Clare Huntington, Fordham University School of Law; Solangel Maldonado, Seton Hall University School of Law; David D. Meyer, Tulane University School of Law
TABLE OF CONTENTS
Section Page
Project Status at a Glance.............................................................................................................. xv
Foreword................................................................................................................ .....................xvii
Reporters’ Memorandum.............................................................................................................. xix
Projected Overall Table of Contents............................................................................................ xxi
PART I
CHILDREN IN FAMILIES
CHAPTER 2
STATE INTERVENTION FOR ABUSE AND NEGLECT
TOPIC 2
GROUNDS
TITLE A
ABUSE
§ 2.22. Psychological Abuse .......................................................................................................... 1
PART II
CHILDREN IN SCHOOLS
CHAPTER 8
STUDENT SPEECH RIGHTS
TOPIC 1
STUDENT EXPRESSION
§ 8.10. Student’s Right of Personal Expression in Public School................................................. 27
CHAPTER 9
RELIGION IN PUBLIC SCHOOLS
Introductory Note.......................................................................................................................... 77
TOPIC 1
STUDENTS’ RELIGIOUS RIGHTS IN PUBLIC SCHOOLS
§ 9.10. Students’ Right to Express Religious Views and Engage in Devotional Exercises
in Public School............................................................................................................... 78
TOPIC 2
CONSTRAINTS ON PUBLIC SCHOOLS’ INVOLVEMENT IN RELIGION
§ 9.20. Limits on School-Supported Religious Activities and Curricular Content....................... 97
Chapter 10
SCHOOL SEARCHES
TOPIC 1
SEARCH BASED ON INDIVIDUALIZED SUSPICION
§ 10.10. Student Search by School Officials Based on Individualized Suspicion...................... 119
TOPIC 2
SUSPICIONLESS SEARCHES
§ 10.20. Search without Individualized Suspicion...................................................................... 185
PART III
CHILDREN IN THE JUSTICE SYSTEM
chapter 12
PRE-ADJUDICATION
TOPIC 1
SEARCH AND SEIZURE
§ 12.10. Minor’s Consent to Search............................................................................................ 211
§ 12.11. Parental Consent to Search of a Minor’s Possessions and Person................................. 227
Appendix A. Black Letter of Tentative Draft No. 3............................................................... 245
Appendix B. Black Letter of Sections Approved by Membership........................................ 249
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.
TABLE OF CONTENTS
Project Status at a Glance xiii
Foreword xv
Reporters’ Memorandum xxi
Projected Overall Table of Contents xxvi
PART I
CHILDREN IN FAMILIES
CHAPTER 1
PARENTAL AUTHORITY AND RESPONSIBILITIES
TOPIC 8
DECISIONS ABOUT A CHILD’S ASSOCIATIONS
§ 1.80. Child’s Contact with a Third Party 1
§ 1.81. Allocation of Custodial or Decisionmaking Responsibility to a Third Party 47
§ 1.82. De Facto Parents 63
CHAPTER 2
STATE INTERVENTION FOR ABUSE AND NEGLECT
TOPIC 2
GROUNDS
TITLE B
NEGLECT
§ 2.24. Physical Neglect 93
PART II
CHILDREN IN SCHOOLS
CHAPTER 8
DISCIPLINE AND ORDER MAINTENANCE
Introductory Note 141
TOPIC 1
THE USE OF FORCE IN RESPONSE TO STUDENT MISBEHAVIOR
§ 8.10. Use of Force to Control and Punish 141
TOPIC 2
EXCLUSION FROM SCHOOL
§ 8.20. Use of School Exclusion to Control and Punish 178
PART III
CHILDREN IN THE JUSTICE SYSTEM
CHAPTER 15
DELINQUENCY PROCEEDINGS
TOPIC 3
ADJUDICATIVE COMPETENCE IN DELINQUENCY PROCEEDINGS
§ 15.30. Adjudicative Competence in Delinquency Proceedings 219
CHAPTER 17
JUVENILES IN THE CRIMINAL JUSTICE SYSTEM
TOPIC 2
ADJUDICATIVE COMPETENCE IN CRIMINAL PROCEEDINGS
§ 17.20. Adjudicative Competence in Criminal Proceedings 259
PART IV
CHILDREN IN SOCIETY
CHAPTER 19
MEDICAL DECISIONMAKING BY MINORS
TOPIC 1
MEDICAL DECISIONS BY MATURE MINORS
§ 19.01. Consent to Treatment by Mature Minor 283
TOPIC 2
MEDICAL DECISIONS AFFECTING REPRODUCTIVE HEALTH
§ 19.02. Consent by Minor to Reproductive Health Treatment 326
Appendix A. Black Letter of Tentative Draft No. 2 361
Appendix B. Other Relevant Black-Letter Text 367
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.
TABLE OF CONTENTS
Project Status at a Glance xiii
Foreword xv
Reporters’ Memorandum xxi
Projected Overall Table of Contents xxvi
PART I
CHILDREN IN FAMILIES
CHAPTER 1
PARENTAL AUTHORITY AND RESPONSIBILITIES
TOPIC 8
DECISIONS ABOUT A CHILD’S ASSOCIATIONS
§ 1.80. Child’s Contact with a Third Party 1
§ 1.81. Allocation of Custodial or Decisionmaking Responsibility to a Third Party 47
§ 1.82. De Facto Parents 63
CHAPTER 2
STATE INTERVENTION FOR ABUSE AND NEGLECT
TOPIC 2
GROUNDS
TITLE B
NEGLECT
§ 2.24. Physical Neglect 93
PART II
CHILDREN IN SCHOOLS
CHAPTER 8
DISCIPLINE AND ORDER MAINTENANCE
Introductory Note 141
TOPIC 1
THE USE OF FORCE IN RESPONSE TO STUDENT MISBEHAVIOR
§ 8.10. Use of Force to Control and Punish 141
TOPIC 2
EXCLUSION FROM SCHOOL
§ 8.20. Use of School Exclusion to Control and Punish 178
PART III
CHILDREN IN THE JUSTICE SYSTEM
CHAPTER 15
DELINQUENCY PROCEEDINGS
TOPIC 3
ADJUDICATIVE COMPETENCE IN DELINQUENCY PROCEEDINGS
§ 15.30. Adjudicative Competence in Delinquency Proceedings 219
CHAPTER 17
JUVENILES IN THE CRIMINAL JUSTICE SYSTEM
TOPIC 2
ADJUDICATIVE COMPETENCE IN CRIMINAL PROCEEDINGS
§ 17.20. Adjudicative Competence in Criminal Proceedings 259
PART IV
CHILDREN IN SOCIETY
CHAPTER 19
MEDICAL DECISIONMAKING BY MINORS
TOPIC 1
MEDICAL DECISIONS BY MATURE MINORS
§ 19.01. Consent to Treatment by Mature Minor 283
TOPIC 2
MEDICAL DECISIONS AFFECTING REPRODUCTIVE HEALTH
§ 19.02. Consent by Minor to Reproductive Health Treatment 326
Appendix A. Black Letter of Tentative Draft No. 2 361
Appendix B. Other Relevant Black-Letter Text 367
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.
Reporters’ Memorandum
Projected Overall Table of Contents
PART I
CHILDREN IN FAMILIES
CHAPTER 1
INTRODUCTION
Introduction
CHAPTER 2
parental authority anD responsibilities
TOPIC 1
DUTY TO PROVIDE REASONABLE ECONOMIC SUPPORT
§ 2.10. Duty to Provide Reasonable Economic Support
TOPIC 3
MEDICAL CARE
§ 2.30. Parental Authority and Responsibility for Medical Care
CHAPTER 3
STATE INTERVENTION FOR ABUSE AND NEGLECT
Introductory Note
TOPIC 2
GROUNDS
TITLE A. ABUSE
SUBTITLE I. PHYSICAL
§ 3.20. Physical Abuse
§ 3.24. Defenses: Parental Privilege to Use Reasonable Corporal Punishment
TITLE B. NEGLECT
SUBTITLE II. MEDICAL
§ 3.26. Medical Neglect
PART III
CHILDREN IN THE JUSTICE SYSTEM
CHAPTER 14
PRE-ADJUDICATION
TOPIC 2
RIGHT TO COUNSEL IN DELINQUENCY AND TRANSFER PROCEEDINGS
§ 14-2. Interrogation and the Admissibility of Statements
§ 14.20. Rights of a Juvenile in Custody; Definition of Custody
§ 14.21. Waiver of Rights in a Custodial Setting
§ 14.22. Consultation with Counsel for Younger Juveniles
§ 14.23. Video-Recording of Interrogation Required
Appendix. Black Letter of Tentative Draft No. 1
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.
Reporters’ Memorandum
Projected Overall Table of Contents
PART I
CHILDREN IN FAMILIES
CHAPTER 1
INTRODUCTION
Introduction
CHAPTER 2
parental authority anD responsibilities
TOPIC 1
DUTY TO PROVIDE REASONABLE ECONOMIC SUPPORT
§ 2.10. Duty to Provide Reasonable Economic Support
TOPIC 3
MEDICAL CARE
§ 2.30. Parental Authority and Responsibility for Medical Care
CHAPTER 3
STATE INTERVENTION FOR ABUSE AND NEGLECT
Introductory Note
TOPIC 2
GROUNDS
TITLE A. ABUSE
SUBTITLE I. PHYSICAL
§ 3.20. Physical Abuse
§ 3.24. Defenses: Parental Privilege to Use Reasonable Corporal Punishment
TITLE B. NEGLECT
SUBTITLE II. MEDICAL
§ 3.26. Medical Neglect
PART III
CHILDREN IN THE JUSTICE SYSTEM
CHAPTER 14
PRE-ADJUDICATION
TOPIC 2
RIGHT TO COUNSEL IN DELINQUENCY AND TRANSFER PROCEEDINGS
§ 14-2. Interrogation and the Admissibility of Statements
§ 14.20. Rights of a Juvenile in Custody; Definition of Custody
§ 14.21. Waiver of Rights in a Custodial Setting
§ 14.22. Consultation with Counsel for Younger Juveniles
§ 14.23. Video-Recording of Interrogation Required
Appendix. Black Letter of Tentative Draft No. 1
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.