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How
many states have statutes or case law that permit or rquire
a jury trial in termination of parental rights cases?
As
of the end of 2003, the following 7 states (Arizon, Nevada,
Oklahoma, Texas, Virginia, Wisconsin, and Wyoming) have statutes
or case law that permit or require a jury trial in termination
of parental rights cases. The Arizona law was added in December
2003.
Szymanski,
L. Jury Trial in Termination of Parental Rights Cases (2003).
NCJJ Snapshot 8(12) Pittsburgh, PA: National Center
for Juvenile Justice, 2003.
Is
the right to a jury trial in termination of parental rights
cases a constitutional right in any state?
Oklahoma
is the only state that claims a constitutional right to a
jury trial in termination of parental rights cases.
Szymanski,
L. Jury Trial in Termination of Parental Rights Cases (2003).
NCJJ Snapshot 8(12) Pittsburgh, PA: National Center
for Juvenile Justice, 2003.
Are
parents obligated by law to support a son or daughter who
is adjudicated delinquent and placed out of the home?
All
states currently have statutes that make it either mandatory
or discretionary for the court to require a parent or guardian
to pay at least part of the support costs for a child who
is adjudicated delinquent and placed out of the home. In the
following states, the court may order the parent or other
legally obligated person to pay such support: Alabama, Colorado,
Delaware, District of Columbia, Georgia, Hawaii, Idaho, Iowa,
Kansas, Louisiana, Maine, Maryland, Massachusetts, Mississippi,
Missouri, Nebraska, North Carolina, North Dakota, Oregon,
Pennsylvania, South Carolina, Tennessee, Vermont, and Washington.
In the other states, the court is required to order such payment
from the parent or other legally obligated person. Even when
the payment is required, however, payment is based on the
parent's financial ability to make such payments.
Szymanski,
L. Parental Support Obligation of Institutionalized Delinquents.
NCJJ Snapshot 6(5) Pittsburgh, PA: National Center
for Juvenile Justice, 2001.
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