Positively identifying children as citizens: A call for parallel due process rights
This work addresses the need for parallel due process rights for children by investigating the nature of juvenile welfare policies that affect abused and neglected children by focusing on the Adoption Safe Families Act. Upon the settlement of the U.S., common law from England, known as parens patriae, has governed the juvenile justice system. This common law has recognized children are indeed a State interest and that a child is a different type of citizen than an adult. Because children are dependant on their parents and not seen as full-fledged citizens, the State has assumed the responsibility of ensuring that children live in safe environments. In 1899, the Illinois Juvenile Court Act was enacted to protect children entering the system due to abuse, neglect or delinquency. Although formed to help and protect children, the 1899 Act has not been adopted by every state, and the states that have adopted Juvenile Court Acts have disabled child rights more than they have assisted them. (Abstract shortened by UMI.).
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