Parent, Child and State Flashcards
Can children own and convey property?
Minors may own and convey property but may disaffirm the conveyance when they reach majority
Can children enter into contracts?
Can enter into/enforce Ks but may disaffirm any time before majority and for a reasonable time thereafter
Can minors consent to medical care?
Minors may not consent to medical care (except for abortions, STD treatment, birth control)
State can override withholding of parental consent for medical care if it would cause irremediable injury
Can children make wills?
Children cannot make valid wills
Can children commit torts/be held criminally responsible?
Yes’m but may be Judged more leniently. Criminal cases generally adjudicated under delinquency laws
What is emancipation?
Removal of the disabilities of minority. Marriage = emancipation in most states
What are the duties of support for parents and children?
Parents have a duty of support and in some states children have a duty of support for elderly parents
What education requirements are imposed on children?
States can require education up to a certain age but parents decide where the children are educated
What are intrafamily tort immunities?
Either spouse may sue the other
Most states abolished parent-child immunity but give broad discretion in parental supervision to parents
In states with parent-child immunity, not applied in cases of intentional torts and sometimes auto accidents
Immunities apply to personal not property injuries
What is loss of consortium?
Most states allow spouses to bring actions for loss of consortium or services from injuries to their spouse by another
What recoveries are there for interference with the parent child-relationship?
Parent can recover for tortious injuries to child, but not vice versa
Parent may recover in tort for abduction or enticement if lawful custody is interfered with (those who conceal info about a newborn’s birth or location may be liable for civil conspiracy
What is the nature of a claim based on interference with the family relationship?
Derivative (recovery dependent on injured family member’s own action and subject to same defenses ) unless the interference is direct (e.g., abduction)
What is parental autonomy?
Parents have authority to decide most matters about child’s upbringing, subject to limitation by state interests in prevention of abuse, neglect, and compulsory education
What is a court’s jurisdiction over a child in need of supervision?
If a child’s behavior does not meet certain standards but falls short of criminality (truancy, running away), the courts can order counseling, social worker supervision, or place the child with a state agency
When can parental rights be terminated?
Right to raise children is a fundamental constitutional right, and termination of these rights requires due process. here, this is right to counsel (and appointment if indigent). Standard is clear and convincing evidence and grounds include harm to child, abandonment, neglect/deprivation, severe mental illness or lack of capacity making them incapable of caring for the child, and parental unfitness (conduct seriously harming child physically or psychologically)
