Excerpts from the New Restatement of the Law, Children and the Law (forthcoming 2025) ©American Law Institute

• Pages: 177-241
• Date: 01 July 2024
• Published date: 01 July 2024

177

Excerpts from the New Restatement of

the Law, Children and the Law

©2025 BY THE AMERICAN LAW INSTITUTE

All rights reserved

This material was adopted and promulgated by The American Law Institute subject to any

general, nonsubstantive edits that may be required before publishing.

The following material is included here:

• Table of Contents

• § 2.07. Physical Neglect (black letter and Comment)

• § 2.21. Standard for Involuntary Termination of Parental Rights

(black letter and Comment)

• § 5.01. The State’s Duty to Provide Free Public Education for All

Children (black letter and Comment)

• § 10.04. Waiver of Rights in a Custodial Setting (black letter and

Comment)

• § 12.04. Regulation of Discipline of a Youth in State Custody

Pursuant to a Delinquency Disposition (black letter and Comment)

Published in Family Law Quarterly, Volume 58, Numbers 2 & 3, 2025. © 2025 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof

may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

2

RESTATEMENT OF THE LAW, CHILDREN AND THE LAW

TABLE OF CONTENTS

Introduction

PART I. CHILDREN IN FAMILIES

Introductory Note

Note on Definition of a “Parent”

Note on Terminology

Chapter 1. Parental Authority and Responsibilities

Topic 1. Duty to Provide Economic Support

§ 1.01. Duty to Provide Economic Support

Topic 2. Education

§ 1.02. Parental Duty and Authority to Educate

Topic 3. Medical Care

§ 1.03. Parental Authority and Duty to Provide Medical Care

Topic 4. Duty to Protect Children from Harm

§ 1.04. Parental Liability for Failure to Protect a Child from Sexual Abuse

§ 1.05. Parental Liability for Harm to a Child Resulting from Reckless Supervision of the

Child

Topic 5. Responsibility for Children’s Misconduct

§ 1.06. Parental Liability for Harm Caused by a Child

Topic 6. Decisions About a Child’s Associations

§ 1.07. Child’s Contact with a Third Party

§ 1.08. Allocation of Custodial or Decisionmaking Responsibility to a Third Party

§ 1.09. De Facto Parents

Chapter 2. State Intervention for Abuse an d Neglect

Introductory Note

Note on Indian Child Welfare Act

Topic 1. Right to Legal Representation

§ 2.01. Parents’ Right to Counsel in Child Protection and Termination of Parental Rights

Cases

§ 2.02. Children’s Right to Representation in Child Protection and Termination of

Parental Rights Cases

178 Family Law Quarterly, Volume 58, Numbers 2&3, 2024–2025

Published in Family Law Quarterly, Volume 58, Numbers 2 & 3, 2025. © 2025 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof

may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

3

Topic 2. Grounds

Title A. Abuse

§ 2.03. Physical Abuse

§ 2.04. Sexual Abuse

§ 2.05. Psychological Abuse

§ 2.06. Defenses: Parental Privilege to Discipline a Child

Title B. Neglect

§ 2.07. Physical Neglect

§ 2.08. Medical Neglect

§ 2.09. Educational Neglect

Topic 3. Protecting Family Integrity

§ 2.10. Obligation of the State to Make Reasonable Efforts to Keep a Child in the Care of

a Parent or Guardian

Topic 4. State Authority to Remove a Child from the Care of a Parent or Guardian and

Arrange for Alternative Care

§ 2.11. Removing a Child from the Care of a Parent or Guardian

§ 2.12. Emergency Removal Without a Court Order

§ 2.13. Emergency Ex Parte Removal Order

§ 2.14. Post-Petition Removal Order and Judicial Oversight of Continued Removal

§ 2.15. Post-Adjudication Removal Order and Judicial Oversight of Continued Removal

§ 2.16. Alternative Care for the Child Following Removal

Topic 5. Obligation of the State to Make Reasonable Efforts to Reunify a Family

§ 2.17. Obligation of the State to Make Reasonable Efforts to Reunify a Family

Topic 6. Authority of State Courts to Determinations Related to Special Immigrant

Juvenile Status

§ 2.18. Authority of State Courts to Make Determinations Related to Special Immigrant

Juvenile Status

Topic 7. Obligation of State when Child Is in Foster Care and Rights of Parents and

Foster Parents

§ 2.19. Obligation of the State While a Child Is in Foster Care

§ 2.20. Rights of Parents While a Child Is in Foster Care

Topic 8. Termination of Parental Rights

§ 2.21. Standard for Involuntary Termination of Parental Rights

Topic 9. Terminating State Care

§ 2.22. Permanent Placement Options and Permanency Hearings

Chapter 3. Child in Need of Services

Introductory Note

Topic 1. Grounds for Court Intervention

§ 3.01. Grounds for Court Intervention

Excerpts from the New Restatement of the Law, Children and the Law 179

Published in Family Law Quarterly, Volume 58, Numbers 2 & 3, 2025. © 2025 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof

may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.