The Tyranny of Time: Vulnerable Children, Bad Mothers, and Statutory Deadlines in Parental Termination Proceedings

68 Pages Posted: 23 Jan 2004

See all articles by Catherine J. Ross

Catherine J. Ross

George Washington University - Law School; Institute for Advanced Study

Abstract

This paper explores issues raised by the Adoption and Safe Families Act of 1997 (ASFA) and contends that the Act may have unwittingly harmed some children and mothers by creating a categorical imperative that a child's health and safety must be a paramount consideration in child welfare decisions. After discussing the reforms made by the Act, this paper analyzes hard cases, in particular cases involving substance abusing mothers and battered mothers, and concludes that in some instances children's interests in these cases might be better served by a flexible standard where the child asserts a claim to a continued relationship with a biological parent.

Keywords: families

Suggested Citation

Ross, Catherine J., The Tyranny of Time: Vulnerable Children, Bad Mothers, and Statutory Deadlines in Parental Termination Proceedings. Virginia Journal of Social Policy and the Law, December 2003. Available at SSRN: https://ssrn.com/abstract=478422

Catherine J. Ross (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Institute for Advanced Study ( email )

Einstein Drive
Princeton, NJ 08540
United States
609/734-8268 (Phone)

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