Explanation of Parental Rights Discussion Paper
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
Explanation of Parental Rights Discussion Paper
Explanation, Parental, Rights, Discussion, Paper
The U.S. Constitution & state constitutions protect parental rights
The supreme court said in the following cases:
Meyer v. Nebraska (1923 p.399) – the constitution protects the right of the individual … to marry, establish a home and bring up children.
Pierce v. Society of sisters (1925 p.535) – the child is not the mere creature of the state, those who nurture him and direct his destiny have the right, coupled with the high duty, to recognize and prepare him for additional obligations.
Prince v. Massachusetts (1944 p166)- a private realm of family life which the state cannot enter.
More supreme court cases:
Ginsberg v. New York (1968 p 639) – the court observed that the right of parents to make decisions for their children is basic in the structure of our society.
Hodgson v. Minnesota (1990 p446) – the family has a privacy interest in the upbringing and education of children in which is protected by the constitution against undue state interference.
Although the decisions of the us supreme court provide strong support for parental rights, the court has made clear that parental rights are not absolute.
Supreme court cases minimizing parental rights:
Prince v. Massachusetts (1944 p167) – the state has a wide range of power for limiting parental freedom and authority in things affecting the child’s welfare.
Wisconsin v. Yoder (1972 p234) – the state may intervene if it appears that parental decisions will jeopardize the health or safety of the child.
Watterson v. Page (1993 p8) – the right to family integrity clearly does not include a constitutional right to be free from child abuse investigations.
Government authority to intervene in the family:
Two sources of government power:
Parens patriae
Police power
The best interests of the child standard is invoked only where a threshold finding of abuse or neglect is supported through a judicial determination after a hearing in which parental fitness is presumed.
Termination of parental rights
Before a parent’s rights can be terminated the following must be met:
A court must find after a hearing that the child is abused/neglected or the family is in need of services.
The child (ren) must be out of the parent’s custody for 15 months, either placed with a relative or foster home.
The court must determine after a trial that dcpp has proven its case by clear and convincing evidence that the parent’s rights should be terminated pursuant to the standards of njsa 30:4c-15.1.
Standards to be met to terminate parental rights
Njsa 30:4c-15.1 states:
The child’s safety, health, or development has been or will continue to be endangered by the parental relationship;
The parent is unwilling or unable to eliminate the harm facing the child.
The division has made reasonable efforts to provide services to help the parent correct the circumstances which led to the child’s placement outside the home and the court has considered alternatives to termination of parental rights;
Termination of parental rights will not do more harm than good.
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
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