Child Maltreatment and the Law: Returning to First by Roger J.R. Levesque

By Roger J.R. Levesque

Fueled by way of a constant narrative and a lucid moral stance, this ebook analyzes the expanding position felony platforms play in family members lifestyles and lines swiftly evolving felony innovations as they practice to baby protection.

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Sample text

Before that hearing, however, the Santosky parents challenged the constitutionality of the preponderance of the evidence standard at the fact-finding stage. Although this evidentiary standard is used in most civil cases, the Santoskys argued that the critical and fundamental interests of parents required greater safeguards—especially in the context of termination. Because the taking of one’s children is so traumatic and damaging to a parent, the Santoskys argued that the law must take extraordinary steps to ensure the justness of such a Justifying State Intervention in Families 27 decision.

The contexts that most likely come to mind may well be same-sex relationships and parent–child issues in those relationships. Individuals generally are free to avoid or create intimate sexual relationships as well as parent–child relationships outside of marriage. The cases leave unsettled, however, what will be the nature of those individuals’ rights to children. In terms of our interest in how the law treats children, this clearly is the more relevant concern. Those cases, which we now turn to, deal with rights to children born outside of wedlock and, it turns out, actually do privilege marriage.

The failure to protect decisions within marriage, 38 3 Suitable Families and Parents in Law the Griswold Court argued, would permit the state to regulate the future use of contraception, including compulsory birth control. Such control by the state could lead to the undesirable result of decreeing that “all husbands and wives must be sterilized after two children have been born to them” (pp. 496–497). The Court saw both scenarios as unacceptable invasions of marital privacy. Thus, in Griswold, the Court again signaled its high regard for marriage as it used marriage’s high value to protect conduct within it.

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