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NCJ Number: 49820 Find in a Library
Title: NEGLECTED CHILD - HIS AND HIS FAMILY'S TREATMENT UNDER MASSACHUSETTS LAW AND PRACTICE AND THEIR RIGHTS UNDER THE DUE PROCESS CLAUSE
Journal: SUFFOLK UNIVERSITY LAW REVIEW  Volume:4  Issue:3  Dated:(SPRING 1970)  Pages:631-688
Author(s): C E CAMPBELL
Corporate Author: Suffolk University
Law Review Office
United States of America
Date Published: 1970
Page Count: 56
Sponsoring Agency: Suffolk University
Boston, MA 02114
Format: Article
Language: English
Country: United States of America
Annotation: THE EXERCISE OF THE PARENS PATRIAE POWERS, THE CONSTITUTIONAL REQUIREMENTS FOR A NEGLECT HEARING, AND A SUGGESTION FOR MEETING THE NEGLECTED CHILD'S NEED FOR COUNSEL ARE DISCUSSED.
Abstract: A GENERAL DESCRIPTION OF THE ACTIVITIES OF THE STATE OF MASSACHUSETTS IN AIDING NEGLECTED CHILDREN IS GIVEN, WITH THE FOCUS ON PROCEDURES USED TO MAKE DECISIONS ABOUT THE CARE AND CUSTODY OF NEGLECTED CHILDREN, RATHER THAN ON THE STANDARDS EMPLOYED IN REACHING SUCH DECISIONS. THE CONSTITUTIONAL RIGHTS OF NEGLECTED CHILDREN AND THEIR PARENTS ARE SUMMARIZED, PARTICULARLY WITH RESPECT TO THEIR RIGHTS TO NOTICE, HEARING, AND COUNSEL. IN ORDER TO IMPLEMENT A NEGLECTED CHILD'S RIGHT TO COUNSEL, IT IS SUGGESTED THAT A LEGAL DEPARTMENT BE ESTABLISHED WITHIN THE STATE HIERARCHY, WITH THE SOLE FUNCTION OF REPRESENTING THE INTERESTS OF NEGLECTED CHILDREN WHOM ANOTHER STATE OR PRIVATE AGENCY IS ATTEMPTING TO REMOVE OR HAS REMOVED FROM PARENTAL CUSTODY. IT IS SUGGESTED THAT THIS AGENCY BE INDEPENDENT FROM THE AGENCY CHARGED WITH THE DUTY TO PROVIDE SUBSTITUTE CARE FOR CHILDREN, IN ORDER TO GIVE IMPARTIAL CONSIDERATION OF THE QUALITY OF THAT CUSTODY AS COMPARED TO THAT GIVEN A PARTICULAR CHILD AT HOME. IN ADDITION IT IS PROPOSED THAT, IN TIME, THIS LEGAL AGENCY COULD HAVE THE ADDITIONAL DUTY OF MONITORING THE EFFECTIVENESS OF THE STATE'S CHILD WELFARE AGENCY. (RCB)
Index Term(s): Juvenile dependency and neglect; Massachusetts; Right to counsel; Right to Due Process; Rights of minors
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=49820

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