Parental Rights, Children’s Rights, and State Intervention

Abstract

Societal responses to the social problem of child maltreatment have taken many forms. The legal system represents the most formal response mechanism. The legal system is bound by relevant federal or state statutes governing care and protection matters. The administrative law corollary to the judicial system is the child protective services system and its accompanying regulations. The nature and breadth of child safety and protection depends upon the definitions and procedures for identifying, investigating, intervening, and making decisions about family reunification or separation. There are broad constitutional rights that envelope legal and social service approaches to child safety and protection. Far-reaching issues ranging from family privacy to children’s rights are adjudicated in the broad view of care and protection cases. Social system regulations, including the child protective services and child welfare legislation and regulations add layers of definitional and procedural complexity to care and protection matters. Child abuse reporting requirements and associated statutes and regulations influence the frequency and nature of cases entering the child protective service system. Procedural regulations govern the flow of cases through the system. Child protective service system policies emphasize the relative weight given to family reunification or child safety. Policies influence decisions about the clinical and legal goals of cases.