
Contents
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1 Infant, Child, and Adolescent Development and the Law: Intersections, Interactions, and Influences
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Competing Risks to Child Development Competing Risks to Child Development
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Child Maltreatment and Child Development Child Maltreatment and Child Development
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Risks of State Intervention Risks of State Intervention
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The Interrelationship of Child Development and the Family Regulation System The Interrelationship of Child Development and the Family Regulation System
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Racial Disproportionality and Racial Disparities Racial Disproportionality and Racial Disparities
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The Early Child Welfare System The Early Child Welfare System
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Federal Involvement Federal Involvement
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Impact of Federal Laws Impact of Federal Laws
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Scholarly Debates Scholarly Debates
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Legal Standards Legal Standards
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Concerns About the Focus of the Child Welfare System Concerns About the Focus of the Child Welfare System
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Future Directions Future Directions
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A Different Path Forward A Different Path Forward
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Conclusion Conclusion
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References References
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7 Child Development and the Family Regulation System
Get accessClare Huntington is a Professor of Law at Columbia University. An expert in the fields of family law and poverty law, she serves as an Associate Reporter for the American Law Institute’s Restatement of the Law, Children and the Law. She was an Attorney Advisor in the Justice Department’s Office of Legal Counsel and clerked for Justice Harry Blackmun and Justice Stephen Breyer of the U.S. Supreme Court, Judge Merrick Garland of the DC Circuit, and Judge Denise Cote of the Southern District of New York. Professor Huntington earned her JD from Columbia Law School and her BA from Oberlin College.
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Published:18 December 2023
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Abstract
Child abuse and neglect clearly harm children, but the risks that accompany involvement with the family regulation system (also known as the child welfare system), especially placement in foster care, also present considerable risks to child development. This chapter describes these competing risks to child development, the legal framework governing the family regulation system, and scholarly debates in the field. It then analyzes the system in the broader context of the legal regulation of children, showing that the family regulation system is out of step with other areas and in need of significant reform. A core problem with the system is its crisis orientation, paying too little attention to family support and the prevention of child maltreatment. Equally problematic, the family regulation system reflects and reinforces racial and economic inequality. Black and Native American children are significantly overrepresented in the system and have worse outcomes than other children. Addressing these issues would help foster healthy child development.
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