ABA Journal

Children's Rights

21 ABA Journal Children's Rights articles.

Troubling Treatment: Efforts are underway to reform teen behavioral programs

At age 15, Chelsea Filer tried to run away and live with her grandparents. A couple of weeks later, two large men, who worked with a transport company hired by her mother, woke her up in the middle of the night. The men took her across the border to a private residential school and treatment center in Mexico. “When children are legally kidnapped and trafficked across state or border lines, they lose their rights and any protections from the jurisdiction of their home state,” says Filer, who is now a youth rights advocate in Sacramento, California.

States drive a wave of bills affecting transgender youth

States have filed more than 250 bills affecting LGBTQ people this year—including more than 120 anti-trans bills. Opponents say the proposed legislation promotes discrimination and prejudice and could negatively impact trans youths’ mental health.

Probate lawyers are taking steps to secure LGBTQ+ families’ rights in case Supreme Court limits them

Family law could look very different in the near future, especially for nontraditional families, who are concerned that their protections may not be as secure. This is why many estate planners are advising that these clients create and make changes to their legal documents stat.

Afternoon Briefs: SCOTUS tosses child slavery case; DOJ drops suit and probe over Bolton book

SCOTUS tosses suit over child slavery in Ivory Coast

The U.S. Supreme Court ruled Thursday that Nestlé USA and Cargill can’t be sued here under the Alien Tort Statute for…

Supreme Court rules for Catholic foster agency that refuses to place children with same-sex couples

The U.S. Supreme Court ruled Thursday that Philadelphia violated the free exercise clause when it refused to contract with a Catholic foster care agency that refuses to place children with same-sex couples.

In New York, a 7-year-old is arrested for rape; should the age for juvenile prosecutions be raised?

Children in New York can be charged as juvenile delinquents beginning at age 7, which explains why a boy of that age could be charged with rape in March in upstate Brasher Falls, New York.

ABA-backed Family Justice Initiative has improved access to counsel in child welfare cases

For parents and their children, the child welfare legal system can be confusing and intimidating. That’s where a good lawyer comes in.

If not removed, rock with Confederate flag should be factored into custody dispute, appeals court says

A mother in New York risks losing shared custody of her mixed-race child as a result of a small Confederate flag painted on a rock near her driveway.

Juvenile can get life without parole for murder without finding of permanent incorrigibility, Supreme Court rules

The U.S. Supreme Court ruled Thursday that a defendant can be sentenced to life without parole for a homicide committed as a juvenile without a separate finding of permanent incorrigibility.

Top Massachusetts court vacates 90-day contempt sentence for teen who called judge B-word

A 16-year-old girl who called a judge a “dumb, white b- - - -” was wrongly sentenced to 90 days in youth services for contempt of court by the judge she insulted, according to an April 12 decision by the top court in Massachusetts.

Secret camera recordings can be used against nanny at trial, state supreme court says

A divided Pennsylvania Supreme Court ruled Thursday that secretly recorded audio can be used against a nanny accused of assaulting three young children.

4th Circuit rules for school that nixed child’s essay on acceptance of transgender people

A federal appeals court has ruled for an elementary school that removed a 10-year-old girl's essay on acceptance of transgender people from an essay collection placed in the classroom and distributed to parents.

Afternoon Briefs: Judge in ethics trouble for school dispute; lawyer sues ex-client who punched him

Panel recommends judge’s removal for school-dispute conduct

A judicial ethics panel has recommended removal of a judge in Union County, New Jersey, based on her conduct after her children’s Catholic…

New Mexico tosses restriction that prevented parents in law school from receiving child care subsidy

After hearing about child care concerns from a campus parent group, the University of New Mexico School of Law School convinced the state in September to change a child care subsidy rule, which until then prohibited eligibility for graduate and postgraduate students.

ABA will advocate to end unreasonable restraints, seclusion and searches of children

Leslie Margolis once represented a 7-year-old child in foster care who had been restrained more than 147 times by his school’s staff. Margolis shared the story with the House of Delegates at the ABA Annual Meeting as it considered a trio of resolutions related to the well-being and rights of children and youth.

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