Challenging the Parent-Child-State Triangle in Public Family Law: The Importance of Private Providers in the Dependency System
Susan Vivian Mangold
SUNY Buffalo Law School
Buffalo Law Review, Vol. 47, P. 1397, 1999
Professor Mangold describes "public family law" as an area where the state has intervened into the "private" family to assume some custodial rights from the parents. Mangold argues that in public family law, the triangular, constitutional framework balancing the rights and interests of the parent, child and state is inadequate to explain the complexity of the exchange of rights and duties. The article traces the history of the legal response to child abuse and neglect from colonial times to the present, focusing on the cases and laws which defined the appropriate roles of the parent, child, state and private agency. The current impact of private providers is explored and an expanded framework including private providers and other stakeholders is developed. The article aruges that the tripartite framework should be exchanged for a more expansive circle of care for children in state custody which includes a legal role for all stakeholders including private providers.
JEL Classification: K39
Date posted: May 16, 2000
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