Therapeutic Jurisprudence and Child Protection

Barry Law Review, Vol. 17, No. 1, p. 31, 2011

Osgoode CLPE Research Paper No. 34/2012

15 Pages Posted: 19 Aug 2012 Last revised: 31 Oct 2012

See all articles by Shelley M. Kierstead

Shelley M. Kierstead

York University - Osgoode Hall Law School

Date Written: December 30, 2011

Abstract

An intricate weave of public/private, legal/emotional, and inter-disciplinary elements make child protection law capable of attracting rich analyses from a therapeutic jurisprudence perspective. This article considers avenues that professionals working within the child welfare system can adopt to facilitate the emotional well-being of the parties involved while respecting the legal system values that apply to the regime. It calls for a stronger understanding of the theoretical underpinnings of the array of professionals regularly involved in child protection matters, and better communication amongst these professionals so that they do not inadvertently end up working at cross purposes. Finally, the work offers preliminary suggestions for teachers and child protection professionals aimed at maximizing the therapeutic aspects of what is arguably one of the most devastating areas of law to parents and their children.

Keywords: therapeutic jusrisprudence, children, child protection, child welfare

JEL Classification: K10, K30

Suggested Citation

Kierstead, Shelley M., Therapeutic Jurisprudence and Child Protection (December 30, 2011). Barry Law Review, Vol. 17, No. 1, p. 31, 2011, Osgoode CLPE Research Paper No. 34/2012, Available at SSRN: https://ssrn.com/abstract=2131860

Shelley M. Kierstead (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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