Document Type

Article

Publication Date

Summer 7-1-2003

Abstract

This Article analyzes the gap between children's statutory rights and their actual access to services within the educational, medical and juvenile justice systems. This Article lays out the strong statutory rights and protections in the areas of special education and contrasts them with actual experience in trying to secure appropriate education, Medicaid and the juvenile justice system. The Article concludes that the agencies responsible for administering federal law must not be permitted to continue to avoid compliance with clear statutory mandates. They are failing to meet their legal responsibilities by asserting that services should be provided by other agencies, rather than coordinating efforts with those other agencies to ensure that children get services that are necessary and required by federal law. This Article attempts to identify who, where, how, and why social service systems fail children despite the clear protections for them under federal law. It describes the harsh reality of being a poor, disabled child in the richest nation on earth.

Publication Title

Georgetown Journal on Poverty Law and Policy

Volume

10

Issue

2

First Page

279

Last Page

344

Included in

Law Commons

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