In the Child Protection work, the part that may have major impact on the family parent-child relationship include emergent settlement of child, the exercise of parental right on behalf of the parents during the settlement period, the governing agency may, after assessing the care of parents to the child, appeal for the suspending parental right or guardianship to the court to protect the life and security of growth environment of the child. Children becomes the subjects of protection administration and the decision makers of their rights and interest are shifted from the parents to the country, and the frontline decision makers are the social makers in child protection, and the identification of social workers in parents, children and the country is often associated with the suspension of parental rights. Hence, in exercising public right, it involved in diversified and overall consideration factors and should be clarified. This study targeted at the social workers in child protection of Kaohsiung City and the method of research is document analysis, applying analysis on the file documents of the child protection cases with suspension of parental rights appealed to and granted by the courts. After the analysis, the research found that the factors considered by child protection social workers including the facts of abuse, the seriousness of abuse, the abusing parents¡¦ negligence in the repetition of abuses, non-improvement of abusing conduct, refusal in acknowledge of abuse negligence, lake of repentance, supports of relatives and friends and the reaction of children to the parents, and the factors frequently considered are the fact of abuse and the supports of relatives and friends and the reaction of children to the parents is the least. The factors considered identified from the analysis of this research may be applied to build and develop an index in suspension of parental right and will be helpful in the assessment of child protection social workers. ¡eKey words¡fChild protection, Parental rights, Children¡¦s right

Grounds of intervention in execution of parental rights (abstract) The upbringing of a child is the major right and duty of its parents. The Convention on the Rights of the Child binds signatory states to respect the privacy of the family and the rights of parents to raise their children. According to this international treaty and also to national legal documents, such as the Charter of Fundamental Rights and Freedoms and the Family Code, the only acceptable ground for state intervention into the family is the interest of the child. The child can be separated from its parents only when this action is in accordance with the child's best interest and if the conditions for such action given by the law are met. The aim of my thesis is to introduce the institute of intervention in parental rights in czech family law and focus on the grounds and conditions for its application. The purpose of my thesis is to look at this institute from a different perspective than everybody else. During my studies I came across many textbooks, articles, papers and lectures concerning this matter. Each one of them focused on the means of state intervention. In the press we see confused interpretations of court's rulings concerning children taken from their families and speculations of state despotism in this matter. I realized that...

This study provides an analysis of the historical and legal constructs of parental choice and implications for public education. While qualitative in nature, the historic record provides important detail in establishing a foundation for understanding parental authority in determining the education of children. An overview of major education legislation from the Colonial era to the No Child Left Behind Act of 2001 is discussed as well as the legal analysis which consists of U.S. Supreme Court decisions influential in the debate over parental authority in determining the education of children. Conclusions include (a) data supporting parental choice as a growing phenomenon in which the power and influence of the federal government over public education is increasing and represents a fundamental shift from an egalitarian focus to a performance driven, standards-based approach; (b) opposition to parental choice is varied depending upon interest group and the type of parental choice in question; (c) the U.S. Supreme court consistently supports parental rights in determining the education of children; and (d) parental choice is here to stay. Implications of expanded parental choice options include (a) increasing federal control over k-12 public education, (b) less emphasis upon addressing social ills and more emphasis on quality of education, (c) resegregation occurring as "equal access" issues are considered secondary to improving academic performance, and (d) accountability, student performance, competition and other market factors will dominate the parental choice debate.

The child and the youth are the overall national properties. Constructing a safe growth and social environment is the first priority to safeguard its rights and interests. Our country in view of the child-youth rights' and interests' safeguard can be seen in the Criminal Law, the Civil Law, the Youth-Event Processing Law,the Child and Youth Sexual Transaction Prevention Act, and the Children and Youth Welfare Act . However, this article aims on ¡§the child-youth sex trade prevention regulations¡¨ in view of the country and ¡§the Children and Youth Welfare Act¡¨ relevant stipulation, examining the country in regard to promote the positive body-and-mind development of the child and the youth, safeguard its rights and interests, promote its welfare, fulfill the goal of ¡§child and youth¡¦s best interests¡¨, by using the family-care pattern compulsory devices, achieves by the protection placement mechanism's implementation method, therefore, to finally examine whether the goal and the methods used meet the proportional principle. This article examines and discusses the foundation of the child and the youth law standard, the legislative reasons and impetus process of child and the Child and Youth Sexual Transaction Prevention Act and the Children and Youth Welfare Act. It compares the relationships between the mechanism of child-and-youth placements and the proportional principle of these two regulations, and therefore, to propose the defects that our country has presented nowadays and provide suggestions and new directions for the government as a reference to emend the law and social workers to implement the child-youth protection placement in a better way in the future.

The terrain of family law is increasingly complex and diverse and is constantly adapting to the changing social, cultural, political and economic landscape in which it is located. It is thus open to much development, particularly in the area of parenthood. In its simplest form, parenthood results when two consenting adults, knowingly and willingly, engage in sexual intercourse to conceive a child. The allocation of parental rights and responsibilities is therefore simplified on the basis that both parties consented to becoming parents. However, the assignment of legal parenthood is not always as clear-cut. Over the past three decades, the courts in the United States, in particular, have been tasked with adjudicating cases in which a biological father has refused to furnish child maintenance on the grounds that he was sexually forced into parenthood. These claims have highlighted the tension between biological fatherhood and legal parenthood, and have thus created a legal, ethical and practical quagmire in family law. Therefore this dissertation will explore the instances in which paternity is deceitfully imposed, the plethora of legal problems that arise and the possible legal routes open to involuntary fathers to avoid paying child support.

Although the population of children attending schools that came from single parent or remarried households is significant, school leaders have failed to institute policies regarding the involvement of nonresident parents. School districts should have procedures to educate personnel on the legal rights of nonresident parents. To avoid confusion concerning legal terms, the term "nonresident" had been utilized to describe a biological parent with whom the child did not reside. This differs from the term "noncustodial." The purpose of this study was to investigate whether school districts in the North Texas area had specific written policies or administrative requirements that addressed the involvement of nonresident parents in the educational decision-making process for their child at IEP meetings. The conceptual framework for this study was founded on the premise that aside from instruction, three factors contributed to the achievement of students who received special education and related services: parental involvement, special education law, and school policy. School districts were polled via paper surveys distributed in person to special education leaders during director meetings and where they were reported to exist, a review of documents was performed. A summary of findings is presented with implications for practice and recommendations for school leaders, including a suggested sample for inclusion in a parental participation section of a district's special education operating guidelines.

Autorius pastebi, kad viena mažiausiai reglamentuotų deliktinės atsakomybės problemų, skyrium gyvenančio tėvo atsakomybės už nepilnamečio vaiko padarytą žalą problema. Būtent šis atvejis teisės aktuose reglamentuojamas mažai, jo taikymas problemiškas, kadangi bet koks sprendimas neišvengiamai gali būti pamatinių teisinės atsakomybės normų pažeidimu. Darbo tyrimui autorius iškelia šį tikslą ir uždavinius: Darbo objektas – skyrium gyvenančio ir neauginančio vaiko tėvo teisinės atsakomybės ribos. Hipotezė: Skyrium gyvenantis ir neauginantis vaiko tėvas neprivalo atsakyti už vaiko padarytą žalą.. Darbo tikslas- išanalizuoti skyrium gyvenančio ir vaiko neauginančio tėvo atsakomybės ribas. Uždaviniai: a)Išanalizuoti teisines doktrinas, reglamentuojančias tėvų atsakomybės ypatumus bendrosios teisės ir civilinės teisės sistemų valstybėse. b)Aptarti tėvo pareigą atlyginti vaiko padarytą žalą esant tėvo ir vaiko atskyrimo, tėvų valdžios apribojimo ir separacijos atvejams . c) Išanalizuoti teisės aktų nuostatas ,įtakojančias skyrium gyvenančio tėvo atsakomybę už nepilnamečio veiksmus. Aptardamas šią problemą, autorius analizuoja situaciją kitose šalyse .Bandoma nustatyti bendruosius dėsningumus bendrosios bei kontinentinės teisės sistemų valstybėse. Pastebima, kad bendrosios teisės sistemos valstybėse vienareikšmiškai galioja asmeninės atsakomybės principas. Tai yra tėvas kaltas tiek kiek jie tiesiogiai nusižengė ar prisidėjo prie to, kad žala būtų padaryta. Kontinentinės teisės... [toliau žr. visą tekstą] / Parental liability is one of the most problematical aspects of tort liability cases. In most lows in the world is written that both parents are liable for the damages made by their child. There is no information about individual liability of child’s father or mother. Especially this problem becomes important then parents live separately. Then we have a question is child’s father who does not live together with his child liable for the torts and minors made by his child. This problem becomes complicated when father did all he could to help his child to act legally. But on the other hand, if we presume that according these circumstances father is not liable, we can breach victims’ rights. Main rule of civil liability is damages compensation for the victim. This dilemma is important in our days because there is big number of juvenile crimes. Civil liability for juvenile crimes is taken by parents or institution which supervises the juvenile at the time when tort is made. Under these circumstances we need stronger regulation of subjects liability limits. The object of the work is liability limits of father who lives separately and does not take care about this child for the torts made by his child. Hypothesis: Father who lives separately and does not take care about this child is liable for the torts made by his child. Purpose of the work is to analyze the limits of liability of the father who lives separately and does not take care about his child. The following tasks are... [to full text]

Using a Millian framework, this thesis examines whether or not children are victims of child abuse when they are inculcated with racist belief systems. The conclusion is that children are not harmed and so not the victims of child abuse, but instead are badly parented.

Magister Legum - LLM

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