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    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.
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CHILD RIGHTS & REMEDIES
THIRD EDITION

Robert C. Fellmeth

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








see below for
REVIEWS | SUMMARY | AUTHOR

    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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