Catherine J. Ross

Of children and liberty: an historian's view.

The question of childrens rights is considered in historical perspective, and constraints imposed on children by their families are distinguished from those imposed by the state. The philosophical roots of the childs special status in law, the emergence of protective legislation, and the dilemmas inherent in trying to balance the needs of children with the rights of citizenship are examined.

Foster Children Awaiting Adoption Under the Adoption and Safe Families Act of 1997

This article discusses the Adoption and Safe Families Act of 1997 and how it relates to the rules created by constitutional law and federal legislation about shifting children between foster care and adoption. The article focuses on the 15/22 months rule, which provides that a state should pursue adoption for a child who has remained in foster care for fifteen of the preceding 22 months and encourages states to take action to implement the 15/22 months rule to comply with the Constitution and federal law, noting that many children in foster care will need pre-adoptive and adoptive homes.

A Delicate Task: Balancing the Rights of Children and Mothers in Parental Termination Proceedings

This article considers the independent liberty interests of children in foster care and their mothers in parental termination proceedings. Federal reforms enacted in 1997 impose a mandatory deadline for the state to terminate parental rights. That policy erroneously presumes that the passage of time suffices to establish parental fault and satisfies a parents due process rights to her child. The policy also fails to protect the minority of children in foster care who assert an interest in preserving a safe relationship with mothers who are unlikely to regain custody within the states time frame - including many substance abusers, incarcerated parents and victims of domestic violence.