Preface

Dorothy Burlingham

Acknowledgments

PART ONE THE PROBLEM OUR CONVICTIONS, AND A FRAMEWORK FOR EXAMINING STATE DECISIONS TO INTRUDE ON PARENT-CHILD RELATIONSHIPS

The Problem and Our Convictions

The Framework

Fair Warning and power Restraint

Questions for Decision

Stages of Decision

Degrees of Intrusion

PART TWO GROUNDS FOR INTERVENTION

Introduction

Parental Requests for the State to place the Child

The Request by a Separating Parent for the Court to Determine Custody Should Be a Ground for intervention

Implications

The Request by Either or Both Parents for the Court to Terminate Their Rights in a Child Should Be a Ground for Intervention

Implications

Familial Bonds Between Children and Longtime Caretakers who Are Not Their Parents

The Request by a Child's Longtime Caretakers to Become His Parents or the Refusal by Longtime Caretakers to Relinquish Him to His Parents or to a State Agency should be a Ground for Intervention

Implications

Gross Failures of Parental Care

The Death or Disappearance of Both parents, the Only Parent, or the Custodial Parent--When coupled with Their Failure to Make Provision for Their Child's Custody and Care--Should Be a Ground for Intervention

Implications

Conviction, or Acquittal by Reason of Insanity, Sexual Offense Against One's Child Should Be a Ground for Intervention

Implications

Serious Bodily injury Inflicted by Parents upon Their Child, an Attempt to Inflict Such Injury, or the Repeated Failure of Parents to prevent Their Child from Suffering Such Injury Should Be a Ground for Intervention

Implications

Emotional Neglect

Child Abuse and Neglect

Refusal by Parents to Authorize Lifesaving Medical Care

Refusal by Parents to Authorize Medical Care When (1) Medical Experts Agree That Treatment is Nonexperimental and appropriate for the child, and (2) Denial of That Treatment Would Result in Death, and (3) the Anticipated Result of Treatment is What Society Would Want for Every Child--A Chance for Normal Healthy Growth or a Life Worth Living--Should Be a Ground for Intervention

Implications

When Death Is an Issue

When Death Is Not an Issue

When Death is an Issue Unless a Healthy Sibling provides a Transplant

The Child's Need for Legal Assistance

A Request by Parent who are Unable to Obtain Legal Assistance for Their Children, an Adjudication of Any Ground for Modifying or Terminating Parent-Child Relationships, or an Emergency Placement Pending Adjudication Should be a Ground for the Appointment of a Lawyer to Represent the Child

Implications

To Whom Is Counsel for a Child Responsible?

When Parents Engage or Request Counsel

When the Court Imposes Counsel

Should Adolescents Be Emancipated to Determine Their Own Legal Care Needs?

PART THREE THE AGONIZING DILEMMA

Too Early, Too Late, Too Much, or Too Little

PART FOUR APPENDICES

Appendix 1. On Children Killed by Their Parents

Introduction

Report of the Committee of Inquiry into the Care and Supervision Provided in Relation to Maria Colwell (1974)

Comment---Had Our Grounds Been Applicable

Appendix II. Suggestions for Some Provisions of a Child Placement Code

Notes

Index