Family Court Review
child welfare, child well-being, foster care
As part of the special issue on the foster care system, this essay challenges the assumption that all the children who are in foster care should be in foster care. The essay first describes the familiar—and still persuasive—argument that foster care does not serve the interests of most children and families. It then brings a new lens to bear on this argument by describing the work of the American Law Institute's Restatement of the Law, Children and the Law, which provides a blueprint for shrinking the child welfare system and promoting child well-being.
The Restatement of the Law, Children and the Law: A Blueprint for Reforming the Child Welfare System, 60 Fam. Ct. Rev. 32
Available at: https://ir.lawnet.fordham.edu/faculty_scholarship/1267