Status, Rights & Obligations of Children ~ the evolving conception of children’s rights Coun 150 – Laws Relating to Children Richard M. Cartier Class 2

Children and the Law – competing views The law should respect children because they are human beings with rights. The law should protect children because they are vulnerable and weak.

Who speaks for the child? 3 themes of U.S. Supreme Court cases: Traditionally, parents are primarily responsible for the care and rearing of their children. The state will intervene in certain instances to ensure adequate parenting. In some contexts, children have rights that can be asserted against the wishes of the family or the state.

Two Important Doctrines Permit State Intervention Parens patriae – the government protects those who cannot protect themselves Police power – the government acts to protect public heath, safety and the general welfare

Children & the Constitution Children are not mentioned in the Constitution. Why aren’t they? Should they be?

Constitutional Issues Due Process (5 th and 14 th ) Substantive – rules must be fair and capable of being understood (not arbitrary or vague) Procedural – notice & opportunity to be heard Equal Protection “ strict scrutiny” – fundamental rights “intermediate scrutiny” “rational basis” – in most cases

Two Landmark Cases & the Parental Perogative Meyer v. Nebraska – Can state prohibit instruction in the German language? Pierce v. Society of Sisters – Can the state make school age children attend public schools?

Compulsory School Attendance in California 6-18 unless Excluded Exempted Truancy Home-schooling

The Movement Toward “Children’s Rights” Prince (p. 17) Brown v. Board of Education (p. 18) Gault (p. 19)

The law has changed In a recent case, the U.S. Supreme Court declared the juvenile death penalty unconstitutional. Roper v. Simmons /search info: Roper v. Simmons or juvenile death penalty

May Children Articulate Their Own Interest? Wisconsin v Yoder – Justice Douglas suggest the court should consider the child’s wishes The “mature minor doctrine” – a brief introduction

Troxel and Parental Prerogatives Do grandparents have a right to visit their grandchildren? What does this case say about the current Supreme court’s view of children as individuals with legal rights?