Legal Capacity at a Crossroad: Mental Disability and Family Law

57 Family Court Review 14 (2019).

Posted: 17 Nov 2020

See all articles by Jasmine Harris

Jasmine Harris

University of Pennsylvania Carey Law School

Date Written: January 1, 2019

Abstract

In this introductory essay to the Special Issue, I argue that both family law and disability rights law scholars should examine a key point of intersection across areas: legal capacity or the law’s recognition of the rights and responsibilities of an individual. For example, parental termination proceedings center on parental fitness and functional capabilities. I contextualize the articles in the Special Issue by Leslie Francis and Robyn Powell on the role of reasonable accommodations for parents with disabilities in parental termination proceedings. In addition, I call upon legal scholars, family law courts, and practitioners to re-imagine governing legal standards in family law according to principles of universal design to shift the baseline capabilities associated with parenting and parental fitness.

Keywords: disability law, family law, mental disability, legal capacity, parental rights, parental fitness, parental termination proceedings, family court

Suggested Citation

Harris, Jasmine, Legal Capacity at a Crossroad: Mental Disability and Family Law (January 1, 2019). 57 Family Court Review 14 (2019)., Available at SSRN: https://ssrn.com/abstract=3433488

Jasmine Harris (Contact Author)

University of Pennsylvania Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

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