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The Supervision Mechanism Of Parental Rights In American

Posted on:2017-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:Z H ZhangFull Text:PDF
GTID:2296330482996537Subject:Law
Abstract/Summary:PDF Full Text Request
In the United States, the state’s supervision over the rights of parents is an important means to protect the interests of children. On the one hand, the government should perform their duties and maintain in the best interests of the disadvantaged children, on the other hand, itshould respect the rights of parents, not free to terminate their rights. To safeguard the underage children’s best interests,the United States Congress passedseveral legislation and provided national institutions of parental rights obligation of supervision.The Child Protect Services of American participate in the case, from answering children abuse or neglect to report, investigation, court trial and placement of children, to help children from dangerous environment. The United States courts in the children’s Welfare Bureau to supervise the exercise of parental rights and to take intervention measures. When parents can’t fulfill the duty of guardianship for their children, the court will terminate of parental rightsin the application of Bureau of child welfare. The court requires a number of statutory procedures to termination of parental rights. The legal provided mandatory reporting obligations,substantive investigation procedures, judicial proceedings and child placement program. The relevant judicial proceedings include the possibility of hearing, the hearing of the complaint, the permanent hearing andtermination of parental rights. Child Protect Services provided the temporary placement and long-term placement for minors from their parents, long-term placement is mainly adoption placement,temporary placement including family supervision, collective care and foster care, foster care including recruitment, training, follow-up, supervision, evaluation and so on. Our country has legislation on the protection of minors. However, our country did not establish parental rights supervision mechanism, and have many problems in the supervision of parental rights, for example, there is no special legislation, lack of specialized institutions for the protection of children,public power intervention is not timely, the revocation of the guardianship system is not perfect. To protect underage children’s best interests, our country should learn from the successful experience of the United States,we should issue special child abuse law,establishment of specialized child protection agencies,improving resettlement measures.
Keywords/Search Tags:parental rights, children’s best interests, supervision, child welfare agencies, foster family
PDF Full Text Request
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