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Challenging the Parent-Child-State Triangle in Public Family Law: The Importance of Private Providers in the Dependency System

Posted: 16 May 2000  

Susan Vivian Mangold

SUNY Buffalo Law School

Abstract

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

Suggested Citation

Mangold , Susan Vivian, Challenging the Parent-Child-State Triangle in Public Family Law: The Importance of Private Providers in the Dependency System. Buffalo Law Review, Vol. 47, P. 1397, 1999. Available at SSRN: https://ssrn.com/abstract=211688

Susan Vivian Mangold (Contact Author)

SUNY Buffalo Law School ( email )

School of Law
528 O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-2428 (Phone)
716-645-2900 (Fax)

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