Guardianship: Every Child's Right

Abstract

Basic guarantees of American law for protection of the person against unauthorized control by others, respect for the dignity and rights of the individual, and effective par ticipation in community life are safeguarded for the child by a special protective status and protective relationship. In his status as a minor, the child is deprived of self-determination and self-management. The guardian, whether parent, adoptive parent, or judicially appointed person, represents the child's rights and interests in a personal relationship with the child. Studies show, however, that this protective law is almost com pletely neglected in the actual practice of courts and community social agencies serving children, despite mounting evidence of the effect of improper guardianship in child neglect, abuse, exploitation, nonsupport, running away, falling into trouble with the law, and so on. The United States Children's Bureau has made a start toward corrective legislation and practices by suggesting principles and language for legislation which defines and distinguishes key terms at law and clarifies authority and professional relationships with children.