The Parental Rights Discussion

The Parental Rights Discussion

Instructions/Descriptions

The u.s. Constitution & state constitutions protect parental rights

The supreme court said in the following cases:

Meyer v. Nebraska (1923 p.399) – the constitution protects the right of the individual … to marry, establish a home and bring up children.

Pierce v. Society of sisters (1925 p.535) – the child is not the mere creature of the state, those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.

Prince v. Massachusetts (1944 p166)- a private realm of family life which the state cannot enter.

More supreme court cases:

Ginsberg v. New york (1968 p 639) – the court observed that the right of parents to make decisions for their children is basic in the structure of our society.

Hodgson v. Minnesota (1990 p446) – the family has a privacy interest in the upbringing and education of children in which is protected by the constitution against undue state interference.

Although the decisions of the us supreme court provide strong support for parental rights, the court has made clear that parental rights are not absolute.

Supreme court cases minimizing parental rights:

Prince v. Massachusetts (1944 p167) – the state has a wide range of power for limiting parental freedom and authority in things affecting the child’s welfare.

Wisconsin v. Yoder (1972 p234) – the state may intervene if it appears that parental decisions will jeopardize the health or safety of the child.

Watterson v. Page (1993 p8) – the right to family integrity clearly does not include a constitutional right to be free from child abuse investigations.

Government authority to intervene in the family:

Two sources of government power:

Parens patriae

Police power

The best interests of the child standard is invoked only where a threshold finding of abuse or neglect is supported through a judicial determination after a hearing in which parental fitness is presumed.

Termination of parental rights

Before a parent’s rights can be terminated the following must be met:

A court must find after a hearing that the child is abused/neglected or the family is in need of services.

The child (ren) must be out of the parent’s custody for 15 months, either placed with a relative or foster home.

The court must determine after a trial that dcpp has proven its case by clear and convincing evidence that the parent’s rights should be terminated pursuant to the standards of njsa 30:4c-15.1.

Standards to be met to terminate parental rights

Njsa 30:4c-15.1 states:

The child’s safety, health, or development has been or will continue to be endangered by the parental relationship;

The parent is unwilling or unable to eliminate the harm facing the child.

The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child’s placement outside the home and the court has considered alternatives to termination of parental rights;

Termination of parental rights will not do more harm than good.

The Parental Rights Discussion

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