Premium
The Missing Child in Child Protection: The Constitutional Context of Child Maltreatment From Meyer to DeShaney
Author(s) -
CrosbyCurrie Catherine,
Reppucci N. Dickon
Publication year - 1999
Publication title -
law and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.534
H-Index - 45
eISSN - 1467-9930
pISSN - 0265-8240
DOI - 10.1111/1467-9930.00069
Subject(s) - doctrine , context (archaeology) , child protection , law , interpretation (philosophy) , political science , action (physics) , psychology , state (computer science) , best interests , criminology , sociology , history , philosophy , physics , archaeology , quantum mechanics , computer science , linguistics , algorithm
This paper employs DeShaney v Winnebago County (1989) as an illustration of how the law has lost sight of the interests of children in cases of child maltreatment. The historical constitutional context of child maltreatment – balancing state’s interests and parental rights – is discussed. The opinions in DeShaney and two of the major criticisms of the majority’s opinion – the action versus inaction dichotomy and the restrictive interpretation of the special relationship doctrine – are then considered. Legislatively created entitlements to protection are suggested as an avenue of relief for injured children which also necessitates a focus on the rights and interests of children.