SUMMARY

    Child Rights & Remedies provides a
    comprehensive rights-based analysis of how the U.
    S. legal system, in both its legal and political
    dimensions, is affecting American children. It
    examines the barriers to child-sensitive public
    policy, and the true legal status of children with
    regard to poverty, education, health, special needs,
    child care, child abuse, juvenile crime and
    detention, reproductive rights, custody and civil
    liberties. Backing up an extensive legal reference
    to over 190 leading cases with probing
    commentaries and the most recent statistics
    reflecting the socio-economic circumstances of
    children, Child Rights & Remedies serves as a
    unique tool for all who are concerned about the
    well-being of the nation’s children, and seek
    politico-legal means to improve it.
CHILD RIGHTS &
REMEDIES
THIRD EDITION

Robert C. Fellmeth

Price: $49.95    ISBN: 978-0-9833539-1-1   2011

REVIEWS

"Professor Robert C. Fellmeth, the master of child rights and remedies and
the long-time maestro of child advocacy, presents his Magnum Opus to
inform our intellects, challenge our consciences and galvanize our
motivation on behalf of children who will either inherit our derelictions or our
beneficent foresight. This book works as a very comprehensive recruiter for
students and other citizens who wish to help build a society and culture that
nurtures the young into fulfilling their life's possibilities."
RALPH NADER  

“Finally, a distinguished advocate/scholar has produced a casebook on
child-related public policy establishment, implementation, and legal
challenges that includes such key topics as impact of the political
environment, children’s civil tort actions, government welfare benefits, child
care and child health reform, and educational opportunity. While also
providing up-to-date statutory and caselaw material on such traditional child
law topics as delinquency, abuse/neglect, and child custody/support,
Professor Fellmeth contributes a new expert insight into the evolution of
children’s rights.”
HOWARD DAVIDSON  
Director, ABA Center on Children and the Law, American Bar Association  

"
Child Rights & Remedies is high-end one-stop shopping for child advocacy
professionals who want to excel at their work. Professor Fellmeth carefully
lays out the issues, politics, laws, and cases that advocates need to
understand to be on top of their game.  The lawyers, judges, social workers,
and other advocates who are trained using this book will be better prepared
to fight for the rights of children. As a result, the field as a whole will be
strengthened and children's lives will be improved."
WILLIAM H. BENTLEY, MSW
President & CEO, Voices for America’s Children

"Robert Fellmeth, a passionate and long-time advocate for children, provides
the reader with an extraordinarily  comprehensive and thought provoking text
on Children’s Rights and Remedies.  This text is a must read for all child
advocates who wish to advance the rights of children.  Fellmeth sets the
stage by presenting the process, the political mechanisms, that determine
who has power, who has access to power and why as a result children do
not fare well in our nation despite the often endless and meaningless
rhetoric that we value and respect children.  As a nation we have yet to align
our actions with our words.  He then proceeds to address children’s rights
and remedies in numerous areas including but not limited to education,
public benefits, disabilities, child support, child care, and tort actions against
children that result in harm.  His global approach to children’s rights and
remedies enables child advocates to better understand the significant
connections between global policies and issues and those they address in
their day to day advocacy.  And as a result of making those connections,
advocates can more effectively advance the rights of and remedies for all
children.
 
MAUREEN FARRELL-STEVENSON, Esq.
President , National Association of Counsel for Children

"Robert Fellmeth is one of America's leading child advocates.  His
knowledge of the political, legislative and legal aspects of advocacy for
children is unparalleled, and this extraordinary book is the definitive
treatment of the subject.  Professor Fellmeth has carefully edited the relevant
appellate cases.  In addition to case law, however, which one finds in other
books on children and the law, Professor Fellmeth's materials provide
insights into the legislative and political processes that are unique,
extremely valuable, and nowhere else to be found in the literature.  Scattered
throughout the book are provocative questions to stimualte interesting class
discussion.  This book is one of a kind and is highly recommended."
JOHN E.B. MYERS
Professor of Law, McGeorge School of law, University of the Pacific
Author of Legal Issues in Child Abuse and Neglect Practice  

    TABLE OF CONTENTS

    Table of Cases
    Acknowledgments
    Preface by Marvin Ventrell

    Introduction

    Chapter 1
    The Underlying Context: Access to Political/Legal Remedies
    Introduction: Representation of Future Interests
    A.            Children and Campaign Contributions
    B.            Children, Legislatures, and Lobbying
    C.            Child Advocacy and the Courts
    D.            Child Advocacy and the Executive Branch
    E.            Child Advocacy and Public Budgets
    F.            Advocacy for Children and the Media
                                                 
    Chapter 2
    Children and Adult Reproductive Rights
    A.            Poverty and Child Bearing Decisions
    B.            Reproductive Responsibility

    Chapter 3
    Child Poverty and Safety Net Sustenance
    A.            Child Poverty
    B.            Child Poverty-Related Public Policies
    C.            Interpreting Eligibility
    D.            State Waivers and Benefit Levels
    E.            Note on Child Opportunity, Poverty, and America’s Two Promises

    Chapter 4
    Education Rights and Investment
    A.            Education and Equality of Opportunity
    B.            Note on Child Labor
    C.            Public School Sanctions/Expulsion
    D.            U.S. Education Policies and Investment
    E.            U.S. Higher Education Investment

    Chapter 5
    Health, Medical Care, and Safety
    A.            Child Right to Treatment
    B.            Public Coverage and Subsidy
    C.            Child Public Medical Coverage Interpretation and Standards
    D.             Child Safety
    E.            Environmental Health
    F.            Judicial Review of  Child Health and Safety Regulation

    Chapter 6
    Children with Special Needs
    A.            Demographic Background
    B.            Causal Correlations
    C.            Major Public Programs Addressing Disability
    D.            Two Major Federal Benefit Programs

    Chapter 7
    Child Care
    A.            Child Care Demographics
    B.            Major Federal Statutes
    C.            The Problem of Child Care Subsidy for the Impoverished and Working
    Poor
    D.            Subsidy Opportunity: Interpretation of Federal Family Support Act
    E.            Child Care Quality

    Chapter 8
    Child Protection from Abuse
    A.            National Incidence of Abuse and Neglect
    B.            Child Abuse/Neglect Causal Correlations
    C.            Federal Statutes, Funding, Major Policy Issues
    D.            Reporting Child Abuse
    E.            Right to Counsel
    F.            Termination of Parental Rights: Standards and Burden
    G.           Foster Care Regulation
    H.            Permanent Placement
    I.             Pew Commission Recommendations

    Chapter 9
    Child Rights as Abuse Victims/Witnesses
    A.            Child Competency To Testify
    B.            Child Witness/Victim Protection
    C.            Child Victim/Witness Confidentiality

    Chapter 10
    Juvenile Crime and Delinquency
    A.            Juvenile Crime Demographic Background
    B.             The Historical Evolution of Juvenile Court
    C.            Juvenile Justice Constitutional Standards
    D.            Status Offenses
    E.            Commitment to Civil Institutions
    F.            Major Federal Delinquency-Related Statutes and Programs

    Chapter 11
    Child Rights to Custody, Family Support, and Emancipation
    A.            Child Custody
    B.            Emancipation and Child Support Obligations
    C.            Child Support Collection                                               
    D.            Note on Child Custody and Visitation Enforcement

    Chapter 12
    Child Rights to Property, Contract, and Tort Recovery
    A.            Child Rights to Property
    B.            Child Right of Contract
    C.            Child Tort Liability and Recovery

    Chapter 13
    Child Civil Liberties: Speech and Religion
    A.            The Context of Constitutional Law for Children
    B.            First Amendment Free Speech Rights of Children
    C.            Children and First Amendment Religious Practice Rights

    Chapter 14
    International Law and the Future of Child Rights and Remedies
    A.            The Status of Children Internationally
    B.            Policies of the United States and Child Rights
    C.            The Evolution of International Child Rights Recognition
    D.            Direct International Enforcement of Child Rights
    E.            Particularized International Conventions Addressing Child Adoption,
    Custody and Abduction
    F.            U.S. Cases Interpreting Child-Related International Agreements and
    Conventions
    G.           International Dangers and Future Child Rights

    Appendix: Child Advocacy Website Glossary


    AUTHOR
    ROBERT C. FELLMETH is Executive Director of the Children’s Advocacy
    Institute, and holds the Price Chair in Public Interest Law at the University of
    San Diego. He has authored or contributed to fourteen books. His appellate
    advocacy includes 30 reported cases. He has served on the Board of Voices for
    America’s Children and currently serves on the Boards of the Maternal and
    Child Health Access Foundation in Los Angeles, and of First Star Foundation.
    He serves as Chairman of the Board for the Public Citizen Foundation in
    Washington D.C., and for the National Association of Counsel for Children—
    where he has been a Board member since 1994. He is a graduate of Stanford
    University (AB) and Harvard University (JD).
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