Restatement of the Law,

Children and the Law

This Restatement will deal comprehensively with the legal regulation of children, rather than solely with family law matters. 

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  •  
    Tentative Draft No. 2
    Tentative Draft No. 2
    402 pages, 2019, #1RCHLTD2

    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.

    402 pages, 2019, #1RCHLTD2E

    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.

     
  •  
    Tentative Draft No. 1
    Tentative Draft No. 1
    388 pages, 2018, #1RCHLTD1

    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.

    388 pages, 2018, #1RCHLTD1E

    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.