Document Type
Article
Publication Date
Fall 1-1-1978
Abstract
Few areas pose more difficult problems in the application of due process doctrine than does regulation of parent-child relationships. Determination of the procedural requirements for intervention by the state in the lives of children, at the request or with the agreement of parents, presents novel and troublesome constitutional questions. Special problems arise in the definition of the liberty interests of minors and in determining how much process is due given an infringement of those interests. These problems cannot be resolved by resort to the categorical assumptions of either traditional theory or "children's liberation." Close examination of the interests held by parents, children, and state, and of the process by which those interests are affected, will be required.
Publication Title
Family Law Quarterly
Volume
12
Issue
3
First Page
153
Last Page
202
Keywords
disability law
Recommended Citation
James W. Ellis & Lee E. Teitelbaum,
The Liberty Interest of Children: Due Process Rights and Their Application,
12
Family Law Quarterly
153
(1978).
Available at:
https://digitalrepository.unm.edu/law_facultyscholarship/556