Kremens v. Bartley: the right to be free. 1976

D Ferleger

The author, counsel for the children in the child-commitment case now before the Supreme Court, describes the necessity for legal protections for children prior to mental institutionalization. He maintains that frequently a child is placed in an institution not because he or she will benefit from such placement, but because it benefits his parents or eases family conflicts. He describes the dangers of institutionalization and notes the expansion of this mode of treatment for juveniles. He explains the events that led to the decision to argue for the rights of his clients to challenge their commitments, and he presents the legal arguments for granting children the same rights to due process as adults presently have.

UI MeSH Term Description Entries
D007603 Jurisprudence The science or philosophy of law. Also, the application of the principles of law and justice to health and medicine. Litigation,Medical Jurisprudence,Constitutional Law,Court Decision,Law,Legal Aspects,Legal Obligations,Legal Status,State Interest,Aspect, Legal,Aspects, Legal,Constitutional Laws,Court Decisions,Decision, Court,Decisions, Court,Interest, State,Interests, State,Jurisprudence, Medical,Law, Constitutional,Laws,Laws, Constitutional,Legal Aspect,Legal Obligation,Litigations,Obligation, Legal,Obligations, Legal,State Interests,Status, Legal
D007604 Juvenile Delinquency The antisocial acts of children or persons under age which are illegal or lawfully interpreted as constituting delinquency. Delinquency, Juvenile
D008297 Male Males
D008607 Intellectual Disability Subnormal intellectual functioning which originates during the developmental period. This has multiple potential etiologies, including genetic defects and perinatal insults. Intelligence quotient (IQ) scores are commonly used to determine whether an individual has an intellectual disability. IQ scores between 70 and 79 are in the borderline range. Scores below 67 are in the disabled range. (from Joynt, Clinical Neurology, 1992, Ch55, p28) Disability, Intellectual,Idiocy,Mental Retardation,Retardation, Mental,Deficiency, Mental,Intellectual Development Disorder,Mental Deficiency,Mental Retardation, Psychosocial,Deficiencies, Mental,Development Disorder, Intellectual,Development Disorders, Intellectual,Disabilities, Intellectual,Disorder, Intellectual Development,Disorders, Intellectual Development,Intellectual Development Disorders,Intellectual Disabilities,Mental Deficiencies,Mental Retardations, Psychosocial,Psychosocial Mental Retardation,Psychosocial Mental Retardations,Retardation, Psychosocial Mental,Retardations, Psychosocial Mental
D002648 Child A person 6 to 12 years of age. An individual 2 to 5 years old is CHILD, PRESCHOOL. Children
D002651 Child Advocacy Promotion and protection of the rights of children; frequently through a legal process. Advocacies, Child,Advocacy, Child,Child Advocacies
D002675 Child, Preschool A child between the ages of 2 and 5. Children, Preschool,Preschool Child,Preschool Children
D002961 Civil Rights Legal guarantee protecting the individual from attack on personal liberties, right to fair trial, right to vote, and freedom from discrimination on the basis of race, color, religion, sex, age, disability, or national origin. (from http://www.usccr.gov/ accessed 1/31/2003) Due Process,Minority Rights,Equal Protection,Legal Rights,Voting Rights,Civil Right,Legal Right,Minority Right,Protection, Equal,Right, Civil,Right, Legal,Right, Minority,Right, Voting,Rights, Civil,Rights, Legal,Rights, Minority,Rights, Voting,Voting Right
D003134 Commitment of Mentally Ill Legal process required for the institutionalization of a patient with severe mental problems. Outpatient Commitment,Commitment, Outpatient,Mentally Ill Commitments
D005260 Female Females

Related Publications

D Ferleger
January 1977, United States reports : cases adjudged in the Supreme Court at ... and rules announced at ... United States. Supreme Court,
D Ferleger
January 1975, Federal supplement,
D Ferleger
January 1976, Journal - National Association of Private Psychiatric Hospitals,
D Ferleger
January 1981, The Bulletin of the American Academy of Psychiatry and the Law,
D Ferleger
October 1976, Hospital & community psychiatry,
D Ferleger
October 1976, Hospital & community psychiatry,
D Ferleger
March 1974, Boston University law review. Boston University. School of Law,
D Ferleger
January 1974, Temple law quarterly (Philadelphia, Pa. : 1946),
D Ferleger
January 1974, University of California, Davis law review,
Copied contents to your clipboard!