Cases

Question 1

Meyer

Answer 1

States have parens patriae authority to “compel attendance” and “make reasonable regulations” but is ultimately outweighed by parents’ rights. (foreign language ban at school)

Question 2

Pierce

Answer 2

the state can regulate schools but cannot unduly interfere with the parent’s due process right to determine how their child is raised. (law prohibited enrolling student in private school)

Question 3

Prince

Answer 3

the state can regulate private areas and infringe on the religious freedoms of the parents if necessary to protect the child. (child labor, passing out bible case).

Question 4

Tinker

Answer 4

student speech allowed so long as does not “materially and substantially interfere with the requirements of appropriate discipline in the operation of the school”

Question 5

Morse

Answer 5

a child’s constitutional rights are not coextensive with that of an adult and are limited by the “special characteristics of the school environment.”

Question 6

Exceptions to Tinker

Answer 6

• (1) vulgar speech made in school [Bethel];
• (2) speech promoting drug use [Morse];
• (3) speech that may be reasonably perceived to be endorsed by the school [Kuhlmeler]

Question 7

Troxel

Answer 7

Fit parents are presumed to act in the best interest of their child. States do not make decisions for a child, absent neglect. When the state intervenes, it must give deference to the parent. (third party visitation case)

Question 8

Yoder

Answer 8

The state’s right to regulate children and impose reasonable regulations was outweighed by the religious freedom of the parents. (Amish schooling case)

Question 9

Parham

fit parent

Answer 9

The law presumes children’s wishes are adequately represented when a fit parent makes choices for them.

Question 10

Mature Minor Doctrine – Belloti Factors

Answer 10

 (1) Age;
 (2) Education;
 (3) Work or other experience;
 (4) The child’s perception of their maturity;
 (6) Record of prior pregnancies(if applicable);
 (7) willingness to seek information;
 (8) general demeanor;
 (9) awareness of the situation.

Question 11

Endrew F

Answer 11

states must offer and follow an IEP reasonably calculated for a child to make progress in light of their circumstances, regardless of whether they are in a regular classroom. Schools must have deference for reasonability, but they must offer reasonably challenging programs beyond minimum advancement.

Question 12

Are marital children presumed to be the legitimate child of the husband and wife?

Answer 12

Yes, Michael H. (married wife cheats, bio father loses rights to martial father)

Question 13

In re CKG Factors (maternal status dispute)

Answer 13

• (1) intent;
• (2) gestation;
• (3) parties in dispute

Question 14

What is a de facto parent?

Answer 14

based on relationship rather than acting with parental duties

Question 15

Soohoo

Answer 15

for a non-legal mother who raised the children, the non-legal mother must show (1) an existing relationship with the child and (2) a lack of harm from visitation to the relationship with the legal parent. (strict scrutiny)

Question 16

Wendy G-M

Answer 16

Presumption that a child born to a marriage is the legitimate child of both parents, regardless of the sex of the parents.

Question 17

What is required for emancipation?

Answer 17

child is near the age of majority, can fend for themselves financially and emotionally, and have the ability to live independently of parents.

Question 18

In re Thomas C

Answer 18

parental rights carry the obligation of care of custody, and this may only be shed in extreme circumstances.

Question 19

What are the models of representing children?

Answer 19

Best interests, stated wishes, diminished capacity, or best practices.

Question 20

Kingsley

child standing to sue

Answer 20

States may require a minor to wait until the age of majority before being permitted to exercise legal rights independently.

Question 21

Kenny A

Answer 21

children have fundamental liberty interests at stake in TPR and deprivation proceedings, including their interest in safety, health, and wellbeing as well as maintaining the family unit.

Question 22

What are the elements of the due process test?

Answer 22

• The right at issue,
• the risk of erroneous decision, and
• the government’s interests. (Matthews v. Eldridge).

Question 23

What is a status offense?

Answer 23

The juvenile committed an act that is only sanctionable when the person is a juvenile

Question 24

Anonymous v. City of Rochester

Answer 24

When applying heightened scrutiny, juvenile curfews are unlikely to survive constitutional challenge without several defenses or exemptions. But, a curfew as a sanction is generally permissible.

Question 25

Leif Z

Answer 25

whether a child is declared “ungovernable” and in need of supervision or dependent/neglected for actions based on abuse may depend on the individual circumstances.

Question 26

In re TG Factors for removal based on failure to protect

Answer 26

 (1) impact of experience on kids;
 (2) reasonable efforts of the state;
 (3) ambivalence of parent to abuse;
 (4) sexual activity?
 (5) parenting classes;
 (6) visits.

Question 27

Deshaney

Answer 27

States do not have an affirmative duty under the due process clause to intervene to protect children from abuse. Must be a special relationship.

Question 28

What efforts must a state use to unify families in abuse and neglect situations?

Answer 28

Reasonable efforts. In re Juvenile Appeal and In re ST

Question 29

What is the standard for TPR? (Alma)

Answer 29

(1) Clear and convincing evidence that there are statutory grounds for termination and (2) Preponderance evidence that termination is the least restrictive means to reach the best interest of the child

Question 30

In re T.G.

Answer 30

Removal of a child is triggered by clear and convincing evidence that TPR is the least restrictive means to reach the child’s best interest, with due regard of parental rights.

Question 31

Is physical abuse required for TPR?

Answer 31

No

Question 32

Adoptive Couple v. Baby Girl

Answer 32

ICWA did not apply when the child had never met the father or been in his custody when she was already adopted and he initiated ICWA proceedings.

Question 33

What are the 5 permanency options other than reunification?

Answer 33

 (1) adoption;
 (2) permanent guardianship;
 (3) kinship care;
 (4) foster care; or
 (5) institutionalization

Question 34

In the Interests of T.G.

Answer 34

federal and state law encourages permanency

Question 35

M.D. v. Abbott

Answer 35

Children in foster care have a right to be protected from physical abuse, violations of bodily integrity, and psychological and emotional abuse/trauma not incidental to the natural progression of state care.

Question 36

N.J. Division of Youth

Answer 36

Kinship guardianship may only be established when adoption is neither feasible nor likely and kinship legal guardianship is in the best interests of the child. Thus, when permanency by adoption is available, kindship legal guardianship cannot be used as a defense to TPR

Question 37

Factors leading to criminal charges for adults

Answer 37

 The seriousness of the alleged conduct
 The perpetrator’s evident state of mind
 The perpetrator’s amenability to treatment
 The strength of the proof
 Community outrage
 The remedy’s likely effect on the child and family
 Predictions of future acts of abuse or neglect

Question 38

What are the goals of criminal punishment for adults?

Answer 38

 Deterrence
 Punishment
 Rehab
 Public safety/wellness

Question 39

What is the goals of civil punishment for adults?

Answer 39

To pursue the best interests f the child

Question 40

Ogin

Answer 40

parents have a duty to advance the physical, mental, and emotional wellbeing of their children. Extreme acts or grave omissions of such duty may come within the scope of a general statute.

Question 41

Crawford (void for vaguenesss rule)

Answer 41

Statute not unduly vague when a person of ordinary intelligence would be on notice that certain conduct would satisfy the purposes of the statute.

Question 42

When are children competent to testify?

Answer 42

• (1) are capable of observing and recollecting facts;
• (2) Can narrate those facts to the court and jury;
• (3) Have a moral sense of the obligation to tell the truth.

Question 43

When can a child testify away from the defendant? (Maryland v. Craig)

Answer 43

There must be a case-specific inquiry into whether such testimony is necessary to protect the welfare of the child because being in the presence of the defendant, not testifying generally, will cause more than de minimis trauma that would impair the child’s ability to communicate.

Question 44

Which rights should we always consider when approaching a question?

Answer 44

Parent > state > child

Question 45

When is child hearsay admissible (very general rule)

Answer 45

When it is non testimonial

Question 46

Heart of Adoptions

Answer 46

an unmarried biological father’s rights can be terminated based on Registry non-compliance, but an adoption entity must still serve notice of the intended adoption plan on known and locatable unmarried biological fathers, including notice of the Putative Father Registry.

Question 47

Parham v. J.R.

Answer 47

A child is due the right to be reviewed by a medical professional with sole decision-making as to institutionalization and further, periodic independent review into whether commitment is necessary.

Question 48

Newmark

Answer 48

Using tripartite balancing test to determine a child was not abused or neglected under Delaware law state’s authority to intervene could not outweigh the parent’s right to make decisions for their child and child’s interest to enjoy human dignity in the time he had left.

Question 49

Does the mature minor doctrine apply to medical decisions?

Answer 49

Yes

Question 50

What is the difference between emancipation and the mature minor doctrine?

Answer 50

Mature Minor doctrine is more qualified and fact specific, it may also only apply to some circumstances.

Question 51

What are the juvenile court factors

Answer 51

 Nature of crime
 Child’s age and maturity
 Did child evidence a desire for secrecy?
 Did child tell the victim not to tell?
 Did the child engage in similar conduct in the past?
 Was there any consequences attached to prior similar conduct
 Did the child acknowledge the behavior was wrong?

Question 52

T.L.O School search reasonableness test

Answer 52

 (1) justified at its inception and
 (2) conducted in a manner reasonably related in scope to the circumstances which justified interference

Question 53

When is T.L.O reasonableness test implicated?

Answer 53

(1) School officials initiate the search or police involvement is minimal or
(2) A school resource officer (school police officer), on the officer’s own initiative and authority, searches the student on the school grounds during school hours, in furtherance of the school’s education-related goals.

Question 54

When is probable cause needed for a search at school?

Answer 54

• (1) Police officers initiate, as part of their own investigation, a search or
• (2) School officials act at the behest of police officers.

Question 55

Safford (strip search)

Answer 55

If the intrusion implicates significantly personal, legitimate expectations of privacy, the intrusion must be justified. (strip search case – almost never permissible)

Question 56

Do students have a reasonable expectation of privacy in their lockers?

Answer 56

Yes, but it is only minimal so most locker searches are permissible.

Question 57

In re Joseph H (waiving Miranda Factors)

Answer 57

age, experience, education, background, intelligence, capacity to understand the nature of the 5th amendment rights and the consequences of waiving those rights

Question 58

Schall

Answer 58

the legitimate interest in protecting the juvenile and the community is sufficient to justify preventative detention when there are procedural safeguards and the detention is not punitive in nature.

Question 59

What are the In re Gault requirements?

Answer 59

 Notice of charges (timely and specific)
 Right to counsel
 Right to confrontation and cross-examination and (against) self-incrimination

Question 60

McKeiver

Answer 60

There is no federal constitutional right to a jury trial in juvenile court

Question 61

In re NMW

Answer 61

Home conditions and failure to remedy can support removal, even if no current adverse health effects.