NASW Law Note

Legal Rights of Children

Introduction

Legal Status of a Child

• Legal Status Related to Age
  • Age of Majority
  • Emancipated Minor
  • Mature Minor
• When Does Age Affect a Child’s Rights?
  • Consent to Treatment and Disclosure of Confidential Information
    • Areas in Which Minors May Consent to Treatment
    • Applicable Standards for Consent to Disclosure of Confidential Information and Parental Access
    • Right to Sue
    • Minor’s Ability to Contract
    • Right to Educational Services
    • Competency to be a Witness
    • Right to be Free from Abuse or Neglect

The Child’s Legal Status Related to Families/Relationships

• What is a “Family?”
• Reproductive Technology and Surrogacy Laws
• Foster Care
• Adoption
• Divorce and Child Custody
  • Admissibility of Social Worker’s Testimony on Child Custody Issues
    • Social Worker as Expert Child Custody Witness
    • Social Worker as a Fact Witness in a Custody Case
  • Legal Standards for Awarding Custody
    • “Best Interests of the Child” Standard
      • The wishes of the child as a factor
      • Maternal preference
      • Primary caretaker as a factor
    • Joint Custody in the “Best Interests of the Child”
      • Consent to treatment—Is joint consent necessary?
      • Noncustodial parents’ access to therapy records
    • Child Custody Arising from Same-Sex Relationships
  • Child Visitation
  • Child Support

The Child and the Court Systems

• Family Court Process
• Guardian Ad Litem Process
  • Role of the Social Worker
  • Release of Clinical Records to the Guardian Ad Litem

Conclusion

Appendices

Appendix A:

• Minors’ Ability to Make Medical Decisions

Appendix B:

• Minors’ Competency to Testify

Appendix C:

• Appointment of Guardian Ad Litem Laws

Appendix D:

• Child Custody Laws

Appendix E:

• Noncustodial Parent Access to Records

Endnotes