American state intervention in the parent-child legal relationship

There are two traditions in the history of American family law that are reflected in different state legislation dealing with child abuse and neglect. They indicate a continuing cultural dilemma about the rights of parents and those of children. One tradition supports the privacy and autonomy of the family, and the right of the parents to the child. Such a view of the permanence of the parental role helps to explain state laws which make the termination of parental rights nearly impossible to achieve. Social workers in such jurisdictions must protect children by means of long foster-care placements. Pennsylvania represents a state with laws supporting parental rights.Another tradition is derived from that of the court acting as a parent, the parens patriae heritage. In the United States the Juvenile Court has assumed this protective and intrusive role. Where such legal support exists, children may be freed for adoptive homes, as they are in Colorado. This paper outlines the state laws of Pennsylvania and Colorado pertaining to the termination of the parent-child legal relationship. These laws indicate that American children in families at risk are protected very differently. As long as state laws differ so greatly, equality of justice for families and children will exhibit substantial variation due to residence.