Child, Parent, and State

Law and Policy Reader

Acknowledgments
Introduction – The Editors

Part I: Regulating the Child-Parent Relationship

Section 1: Reconceptualizing the "Best Interests" of the Child
1. Awarding Custody: The Best Interests of the Child and Other Fictions – Andrea Charlow
2. The Best Interests of the Child: Much Ado about Nothing? – Martin Guggenheim
3. The Use of Religion as Part of the "Best Interests" Test in Child Custody Decisions – Donald L. Beschle
4. Custody Denials to Parents in Same-Sex Relationships: An Equal Protection Analysis – Anne I. Seidel
5. Where Do Black Children Belong? The Politics of Race Matching in Adoption – Elizabeth Bartholet

Section 2: The Drug Addicted Parent
6. Prosecution of Mothers of Drug-Exposed Babies: Constitutional and Criminal Theory – Doretta Massardo McGinnis
7. Poor Mothers, Poor Babies: Law, Medicine and Crack – Barbara Bennett Woodhouse
8. Prosecution of Mothers of Drug-Exposed Babies: A Response to McGinnis – Paul A. Logli

Part II: Children and the Social Service System

Section 3: Child Abuse
9. In Search of Affirmative Duties toward Children under a Post-DeShaney Constitution – Amy Sinden
10. DeShaney and Child Welfare Reform – Cathleen Tucker and Paul Blatt

Section 4: Foster Care
11. Unsafe Havens: The Case for Constitutional Protection of Foster Children from Abuse and Neglect – Michael B. Mushlin
12. Making It Work: Implementation of Court Orders Requiring Restructuring of State Executive Branch Agencies – Chris Hansen
13. Protection of Foster Children: A Constitutional Duty Anchored in a State's Choices? – Brenda L. Kelley

Section 5: Homelessness
14. Homeless Families: Do They Have a Right to Integrity? – Donna Mascari Baker
15. Combating Family Homelessness to Protect Children – Steven Banks
16. Do the Poor Have a Right to Family Integrity? – Stephen Wizner

Part III: Children and School

Section 6: Access to Quality Education
17. A New Legal Duty for Urban Public Schools: Effective Education in Basic Skills – Gershon M. Ratner
18. New Educational Standards and the Right to Quality Education – Paul Weckstein
19. Avoiding the Limitations of the Texas and New Jersey School Finance Remedies with an Educational Adequacy Theory of School Reform – Paul Minorini

Section 7: Student Speech Rights
20. Hazelwood School District and the Role of First Amendment Institutions – Bruce C. Hafen
21. From Consistency to Confusion: The Aftermath of Hazelwood School District v. Kuhlmeier – Mark Goodman
22. Student Speech Rights: The True Meaning of Hazelwood School District v. Kuhlmeier – Jay Worona

Part IV: Children and Health Policy

Section 8: Paying for Children's Health Care
23. Paying for Children's Medical Care: Interaction between Family Law and Health Care Cost Containment – Walter J. Wadlington
24. Expanding Health Care for Children – Alice Sardell and Harvey Catchen
25. Universal Access to Health Care for Children – Judith Cohen Dolins, Jenifer D. C. Cartland, James G. Pawelski, and Beth K. Yudkowsky

Section 9: Medical Care and Parental Autonomy
26. Medical Care for the Child at Risk: On State Supervention of Parental Autonomy – Joseph Goldstein
27. Medical Care, Parental Autonomy, and Seriously Ill Newborns – Joel Frader, M.D.
28. "If I Can Say Yes, Why Can't I say No?" Adolescents at Risk and the Right to Give or Withhold Consent to Health Care – Jan C. Costello

Section 10: AIDS and Children
29. Undoing a Lesson of Fear in the Classroom: The Legal Recourse of AIDS-Linked Children – Lisa J. Sotto
30. Among Schoolchildren: AIDS, the Law, and the Public Schools – Barry Sullivan
31. Moving Toward Effective HIV Policies for Youth – Karla Kinderman

Part V: Children and the Criminal Justice System

Section 11: The Role of the Juvenile Court
32. Re-Imagining Childhood and Reconstructing the Legal Order: The Case for Abolishing the Juvenile Court – Janet E. Ainsworth
33. Re-Imagining the Juvenile Court – Mark I. Solen
34. Imagining Legal Scholarship: The Case for the Juvenile Court and for Teaching Juvenile Law and Procedure – Hunter Hurst

Section 12: Pretrial Detention
35. Schall v. Martin and Juvenile Detention – Robert G. Schwartz
36. Pretrial Detention: Law and Policy from the Juvenile Court Perspective – Gerald E. Radcliffe

Section 13: Capital Punishment
37. Perspectives on the Juvenile Death Penalty in the 1990s – Victor L. Streib
38. On the Death Penalty for Juveniles – Joseph L. Hoffmann

About the Contributors
Index