The Illusion of Due Process for Children in Dependency Proceedings
44 Cumberland Law Review 181 (2014)
38 Pages Posted: 1 Aug 2013 Last revised: 23 Aug 2014
Date Written: September 30, 2013
Allegations of abuse or neglect of children by their parents or legal custodians lead to dependency proceedings in juvenile court. The decisions made in such proceedings have a tremendous impact on the lives of children. Although the child’s welfare is the subject of the court’s adjudication, the child’s due process rights are unclear, as neither Congress nor the Supreme Court has established a right to counsel or any other due process right for the child. When life, liberty, and family integrity are at stake, however, constitutional due process protections should apply. Such protections should include the right to be heard, which for a child, can only be effectuated by the right to counsel.
Keywords: Constitutional Law, Due Process, Dependency, Child Welfare, Juvenile Court
JEL Classification: K10, K40
Suggested Citation: Suggested Citation