9. Parent/Child/State

Question 1

When are intra family immunities applied?

Answer 1

Parent-Child tort actions

• NOT intentional torts (Parent/Child can sue Parent/Child)
• NOT automobile accidents (personal injury) (Parent/Child can sue Parent/Child)

NOT Spouse-Spouse tort actions
- Spouse can sue Spouse

Question 2

When may court intervene parental autonomy?

Answer 2

Children in need of supervision

• Habitual truancy/Escaping home
• Counselling/Social worker supervision/State agency adoption

Termination of parental rights

1) Due process (Right to counsel)
2) Clear + convincing evidence (harm/abandonment/sexual abuse/neglect/mental illness/unfit parent)