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

See all articles by Suparna Malempati

Suparna Malempati

Atlanta's John Marshall Law School

Date Written: September 30, 2013

Abstract

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

Malempati, Suparna, The Illusion of Due Process for Children in Dependency Proceedings (September 30, 2013). 44 Cumberland Law Review 181 (2014). Available at SSRN: https://ssrn.com/abstract=2304423 or http://dx.doi.org/10.2139/ssrn.2304423

Suparna Malempati (Contact Author)

Atlanta's John Marshall Law School ( email )

1422 W. Peachtree Street, N.W.
Atlanta, GA 30309
United States
404-872-3593 (Phone)

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