Laws and rights for children Ms. Hughes You are used to making decisions for your minor child and taking care of your minor child. As long as all goes well, you probably don’t think much about your legal rights and responsibilities as a parent. But these rights and responsibilities do exist.

Who is a parent? In most states, a child can only have two parents at a time If the child is adopted, the birth parents no longer have rights or duties In a few states, including Alaska and Nebraska, a stepparent is also considered a parent

Legal rights of parents Select name of child Spend time with the child Make decisions about child's residence, education, religious training, and legal matters Consent to medical and dental care, marriage, and enlistment in the military Have a right to the child’s earnings as well as the right to inherit from the child

Legal responsibilities of parents Parents have the duty to care for, protect and reasonably discipline their child Must provide: Food Clothing Housing Education Health care Dental care Most states require parents to support the child financially at least through high school, but few require support through college

Who has parental responsibility? Mothers automatically have responsibility and will not lose it if divorced Married fathers automatically have responsibility Unmarried fathers do not automatically have responsibility (still has rights and duty towards maintenance

Modifying parental rights Courts can change a parents right, but don’t get involved unless it is in the child's best interest Divorce: custody, visitation, and child support Abuse or neglect Choice: adoption, etc.

Spanking Currently, parents in all states have a limited right to spank their children. Courts have decided that parents have a constitutional right to raise their children as they see fit, including using whatever method of discipline they think is best. States permit parents to use physical discipline against their children as long as it is done in moderation and does not cause injury.

What types of disciplinary practices are forbidden? You must not use cruel, unusual, frightening, unsafe or humiliating discipline practices, including but not limited to: Spanking children with a hand or object; Biting, jerking, kicking, hitting, or shaking the child; Pulling the child's hair; Throwing the child; Purposely inflicting pain as a punishment; Name calling, using derogatory comments; Threatening the child with physical harm; Threatening or intimidating the child; or Placing or requiring a child to stand under a cold water shower Foster homes and daycare

What types of disciplinary practices are forbidden? You must not use methods that interfere with a child's basic needs. These include, but are not limited to: Depriving the child of sleep; Providing inadequate food, clothing, living space, or shelter; Restricting a child's breathing; Interfering with a child's ability to take care of their own hygiene and toilet needs; Providing inadequate medical or dental care. You must not use methods that deprive a child of necessary services. These include, but are not limited to, contacting: The assigned social worker; The assigned legal representative; Parents or other family members who are identified in the service plan; or Individuals providing the child with therapeutic activities as part of the child's service plan. You must not use medication in an amount or frequency other than that prescribed by a physician or psychiatrist. You must not use medications for a child that have been prescribed for someone else.

Car Seat Laws Effective June 1, 2007, children less than eight years old must be restrained in child restraint systems, unless the child is four feet nine inches or taller. A child who is eight years old or older, or four feet nine inches or taller, must be properly restrained either with the motor vehicle's safety belt or an appropriately fitting child restraint system. Children under thirteen years old must be transported in rear seats where it is practical to do so. The fine for improperly restrained children in motor vehicles is at least $112 per child.

Unattended Depending on the laws and child protective policies in your area, leaving a young child unsupervised may be considered neglect, especially if doing so places the child in danger. It is a misdemeanor to leave any child under 16 years old unattended in a standing vehicle with the engine running. Any subsequent violations will result in having your license revoked.

Children's bill of rights Was drafted and ratified by over 650 children from seven countries in 1996 Right to participate in decisions affecting children Right to privacy Right to respect and courtesy Right to an identity (know true parents) Right to care and nurturing Right to leisure and play (few hours free from worry) Right to safe work Right to life (no maltreatment) Right to education Right not to be exposed to prejudice Right to a clean environment Legal rights Right not to participate in war