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The Proper Guardians of Foster Children’s Educational Interests

31 Pages Posted: 1 Aug 2010 Last revised: 7 Jun 2013

Chai Park

The Legal Aid Society

Margaret Ryznar

Indiana University Robert H. McKinney School of Law

Date Written: July 17, 2010

Abstract

The United States Supreme Court has enumerated a constitutionally protected parental right to control the upbringing of one’s child that includes the right to direct the child’s education. The states, meanwhile, have differed in their interpretation and application of this principle when foster children’s educational interests conflict with their biological parents’ wishes. Specifically, although some states permit the judicial limitation of parental rights over children’s education during foster care placement, others do not. This Article is among the first to consider the benefits and consequences of each approach in the context of parents’ rights and children’s best interests.

Keywords: Family Law, Domestic Relations, Constitutional Law, Foster Care, Education, Parental Rights, Parents’ Rights, Children’s Best Interests, Children, New York, California, Fourteenth Amendment

Suggested Citation

Park, Chai and Ryznar, Margaret, The Proper Guardians of Foster Children’s Educational Interests (July 17, 2010). Loyola University Chicago Law Journal, Vol. 42, No. 1, pp. 147-176, 2010. Available at SSRN: https://ssrn.com/abstract=1644766

Chai Park

The Legal Aid Society ( email )

United States
(718) 298-8959 (Phone)

Margaret Ryznar (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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