Night Class

Pre commitment hearing: determines need for treatment Post commitment hearing: within two weeks of admission

2 Types of hearings for minors

gives children the right to express their own views

Article 12

Best interest of the child must be the primary concern in making decisions that may effect them

Article 3

forbids incarceration of juveniles with adults

Article 37

every accused child must be informed promptly of charges, be innocent until proven guilty, receive legal assistance and not be compelled to give testimony or confess guilt

Article 40

right to a name , nationality and be cared for by parents

Article 7

Search and Seizures 14th Amendment - right to be safe in one's person and privacy of one's belongings

Burden of Proof or threshold for schools to search students

Yes

Can a Court alter the standard courtroom procedures protecting children?

a parent refused, on religious grounds, to give her child medication to control his epileptic seizures. Evidence indicated that if the boy stopped taking the medication, his seizures would result in a life-threatening situation. The court held: A child who is treated solely by spiritual means is not for that reason alone dependent and neglected, but if there is an additional reason, such as where the child is deprived of medical care necessary to prevent a life-endangering condition, the child may be adjudicated dependent and neglected,

DLE

NO

Does New Jersey allow the death penalty for juveniles?

Ricky Green, a 16 year old, suffered from paralytic scoliosis. He was confined to a wheelchair, unable to stand because of the collapse of his spine. Doctors recommended an operation that would add bone to his spine, but they stated that the surgery required the use of blood transfusions. Ricky's mother refused to allow the transfusions because they violated her religious beliefs. A p.a court, in arriving at it's decision not to override the wishes of the mother, considered the fact that the child's life was not in danger nor was it necessary that the operation be performed immediately. The court stated: "as between parent and state, the state does not have an interest of sufficient magnitude outweighing a parent's religious beliefs when the child's life is not immediately periled by his physical condition".

In re green

a New Jersey appellate court ruled that a transfusion could be given to an infant over the religious objections of the parents. Although there was only minimal danger to the child's life if the procedure was not performed, evidence showed that without the transfusion the child would suffer severe and irreparable brain damage, resulting in mental retardation. The court held that it was in the "best interest of society" that a child be protected from severe and irreparable brain damage

Muhlenberg

a child's heart condition required surgery, which in turn, would necessitate a blood transfusion. The boy's parents, who were Jehovah's witnesses, consented to the surgery but refused to allow the blood transfusions, which were prohibited by their religion. At trial, two doctors testified that if the surgery and transfusions were not performed, the child would die. The trial court applied the state's neglect statute and held that it was necessary for the state to intervene to protect the child's welfare. Thus, the court overrode the parent's wishes. According to the NJ supreme court, the actions taken at the trial level were part of the "sovereign right and duty to care for children, and protect them from abuse, neglect and fraud"

Perricone

· Foster development of competence and character of each family member

The critical function of the family

Tender years doctrine, does not exist

Theory the best interest of the child is based on:

a California court ruled that parents using faith healing must also provide medical care or else they can be held criminally liable. In Walker, the Supreme Court of California found a parent guilty of involuntary manslaughter and felony child endangerment for the death of her child when she chose spiritual healing over medical attention. In commenting on this case, Gathing (1989) noted: The court determined that the California religious exemption did not preclude manslaughter liability, that treatment by prayer alone could constitute criminal negligence despite the good faith belief of the parents, and that prosecuting faith healing parents for manslaughter did not violate the state or federal Constitutions.

Walker v superior court

1. Assent - implies agreement with decision made by others on a valid understanding of proposed court action 2. Dissent - different opinion, lack of agreement and withholding of assent 3. Consent - voluntarily agrees, comprehends information to make sound decision

What are the three levels of participation Billick's Treatment Decisions Model based on and define them?

Protecting children from traumatization Protecting defendants from false charges Protecting defendant's Constitutional Rights

What does the Court need to balance in cases of children as witnesses?

Cognitive level of the child · Child's physical condition · Nature of decision to be made · Prior decision making experience · Child's desired level of involvement · Child's emotional state · Family values

What factors should be considered when incorporating a child's views as to their medical treatment?

a person is capable of independently generating a list of possible outcomes for a given situation, considering the risks and benefits inherent in each outcome, weighing the alternatives in an objective manner, and selecting an appropriate outcome based on that rational process 0-7 not capable of logical thinking.. 7-11 concrete operations.. 12+ formal operations

What is the definition of Formal Operations according to the Piagetian Theory?

Best Interest

What standard is used in determining custody of children?

if the state's interest significantly outweighs the interest of the individual

When can the State interfere with an individual's free exercise of religion?

when a child's situation is life-threatening, the state has been permitted to substitute it's judgement for that of the parents

When can the state's interest in protecting children from neglect outweigh the free exercise of religion?

Guardian Ad Litem - who is appointed by a court to protect the interests of a minor or incompetent in a particular matter

Who normally petitions the court to have the child declared neglected most cases where a child is being deprived of medical services?

the child has the right to seek, receive any important information through medie

article 13

childrens right to survival and development

article 6

right to preserve or reestablish identity

article 8

a moral or legal entitlement to have or obtain something or to act in a certain way

definition of the term rights:

Maturity Age Maturity Age

factors states use when considering a child's preference?

Per se approach and totality of the circumstances approach.

two different types of approaches to determining whether a child is competent to understand the miranda warnings:

Enhances minor's sense of control and autonomy · Provides opportunities to gain decision-making experience · Invited open communication about the illness and treatment · Improves perception of treatment efficacy · Enhances minor's ability to cope with treatment · Enhances cooperation · Decreases anxiety · Improves psychological and physical recovery from surgery · More rapid recovery

what are the benefits of securing assent by a minor in their own treatment decisions?

Amount of prior personal contact · Quality of grandparent and grandchild relationship · Lack of interference with parent and child relationship · Child's preference if or sufficient age

what does a Grandparent have to show in order to persuade the Court to allow visits?

Best interest of the child - totality of the circumstances which include the child's wishes - court then must determine if child is competent enough for their decision of wish

what does the court consider in making their determination to get involved in a non-life threatening situation?

If a child's life is in danger

when is the State's intervention appropriate in medical situations?