1. CHAPTER 32 – PARENTS AND CHILDREN

2. RESPONSIBILITIES BETWEEN PARENTS AND CHILDREN  Parents are legally responsible for their children in many ways – most importantly, they must provide the necessities of life  Paternity  The law requires parents to support their children whether or not the parents are married, dating, living together or apart, and regardless of where the child lives  Paternity suit – action in court to establish fatherhood and force him to pay for prenatal care and child support  Family Support Act of 1988 – requires all states to assist mothers and children in obtaining paternity testing and to allow paternity suits until the child is 18 years old  Blood samples and DNA tests are used to prove that a particular man is not a particular child’s father

3. THE MENTALLY DISABLED CHILD When Diem and Kim divorce, the court orders Diem to pay $250 per month in child support for their six-year-old daughter, Meena. Meena is mentally disabled and is not expected to ever function at a level higher than that of a second grader. She lives with her mother and will probably never be capable of living independently. When Meena reaches the age of 18, Diem files a motion seeking to end his child support payments.

4. RESPONSIBILITIES BETWEEN PARENTS AND CHILDREN CONTINUED  Support  Parents must provide the basic necessities of life until the age of 18 and into adulthood if they are disabled, including food, clothing, shelter, education, and medical care – things minor children cannot provide for themselves  Emancipation – children are free from legal custody and control of their parents  Typically ends when they reach 18, gets married, joins the armed forces, or becomes financially self-supporting  To convince a court to grant emancipation at a younger age, a minor would have to show proof of a steady source of income and a permanent place to live – emancipation is rarely granted  Family Responsibility Laws – require adult children to care for their elderly parents  Most states have either abolished these laws and/or limit the support obligation to an amount the relative can reasonably afford  Education  Parents can choose public, private, parochial, or homeschool for children ages 7-16  Truant – a child who misses school without justification  Individuals with Disabilities Education Act (IDEA) – provides for a public school education for children with disabilities – entitled to an evaluation and an appropriate individual education plan

5. THE SCHOOL AT HOME Michelle and Larry Novitzki have four children. Two are of school age. Both parents are high school graduates, and Michelle has a college degree. They began educating their children at home because they disapproved of the public school’s sex education classes, were concerned about violence in schools, and believed that the children would learn more in a less structured environment. They designed lessons that related to activities around their home and community. The Novitzkis use books and materials obtained in their state and have set aside one room to serve as a classroom. The children receive instruction six hours a day, year-round. Both children score above average on standardized tests and appear to psychologists to be healthy and normal. An educational official claims that the Novitzkis’ program does not satisfy the state’s compulsory eduation law.

6. RESPONSIBILITIES BETWEEN PARENTS AND CHILDREN CONTINUED  Medical Care  Parents have a legal duty to protect and supervise their children’s health – must provide proper medical and dental care  Care and Supervision  Parents may decide what is best for their children as long as they do not abuse or neglect them  Discipline  Children have a legal obligation to obey their parents and to follow reasonable rules, but not if they are dangerous or illegal  Parents who resort to unreasonable actions to discipline their children can be charged with child abuse or child neglect  PINS, CHINS, or MINS – a person, child, or minor in need of supervision

7. RESPONSIBILITIES BETWEEN PARENTS AND CHILDREN CONTINUED  Parental Responsibility for Children’s Acts  Parents who fail to exercise proper supervision and control over their children may be held legally responsible for their children’s acts – especially if they aid or encourage improper conduct  Almost all states hold parents civilly liable for certain acts of their minor children, such as property damage, theft, or vandalism  Almost all states make parents legally responsible, up to a certain dollar amount, for harm caused by their children (varies from $200-$50,000)  Family car doctrine – makes parents responsible for damages caused by any driver in the family  Earnings and Employment  Children who work are allowed to keep and spend their own money  Parents have the legal right to take the earnings of their minor children – children may only keep the wages their parents allow them to keep  Parents have no right to use money from other sources that legally belongs to their children  If a minor receives an inheritance or recovers damages in a lawsuit

8. CHILDREN ABUSE AND NEGLECT  Child abuse – whenever any adult or older child inflicts or threatens to inflict intentional physical, emotional, or sexual harm on a child  Child neglect – the failure to properly feed, clothe, shelter, educate, supervise, or tend to the medical needs of a child  Sexual abuse – repeatedly unwelcome sexual contact against another individual committed through the use of force, threat, or intimidation, or enabled because the victim is incapacitated due to drugs, alcohol, or mental disability

9. A PARENT, DRUG USE, AND NEGLECT Jenna is the mother of 6-year-old Kimberly. The police recently searched their apartment for drugs and found it to be a “shooting gallery” for heroin. Syringes were found, and Jenna and others present were arrested. Kimberly witnessed the raid. There is no definite evidence that Jenna is using drugs, although she has a history of drug use and is currently in a drug rehabilitation program. She claims that her boyfriend comes into her apartment with his friends and that they use drugs without her permission. Jenna has a full-time job as a secretary, and Kimberly is doing well in school. She loves her mother and does not want to be taken from her home. The state law regarding child neglect reads: “Neglect means the negligent treatment or the maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare. The term includes both acts and omissions on the part of the responsible person.”

10. HOW TO REPORT CHILD ABUSE AND NEGLECT  National Child Abuse Hotline  1-800-4-A-Child  www.childhelpusa.org www.childhelpusa.org  Local Child Protective Services Agency (CPS)  Who must report suspected cases of child abuse?  Medical practitioners, teachers, child-care professionals, school officials, and social workers  Who may report  Anyone suspecting that a child is being mistreated  What conditions should I report?  Any situation that indicates abuse or neglect of a child