Restatement of the Law,

Children and the Law

This Restatement will deal comprehensively with the legal regulation of children, rather than solely with family law matters. 
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At its meeting on October 20 and 21, 2022, the Council approved Council Draft No. 8 containing §§ 1.40 and 1.41 of Chapter 1, Parental Authority and Responsibilities; §§ 2.70, 2.71, and 2.80 of Chapter 2, State Intervention for Abuse and Neglect; §§ 13.20 and 13.60 of Chapter 13, Delinquency Proceedings; §§ 18.10 and 18.11 of Chapter 18, Minors’ Civil Rights and Civil Liberties Outside the School Context; and § 20.20 of Chapter 20, Minors’ Obligations and Responsibilities.

At the 2022 Annual Meeting, the membership voted to approve Tentative Draft No. 4, which includes § 1.20 from Chapter 1, Parental Authority and Responsibilities; §§ 2.26, 2.30, 2.40 to 2.44 and 2.50 from Chapter 2, State Intervention for Abuse and Neglect, of Part I (Children in Families); § 5.10 from Chapter 5, State Duty to Educate Children, of Part II (Children in Schools); §§ 12.30 to 12.31 of Chapter 12, Pre-Adjudication; §§ 13.10, 13.30 to 13.31, and 13.50 to 13.51, of Chapter 13, Delinquency Proceedings; §§ 14.10 to 14.11, of Chapter 14, Delinquency Dispositions; and § 15.30 of Chapter 15, Juveniles in Criminal Justice System. The draft also contained three new Comments to be added to previously approved Sections in Part II (Children in Schools): Comment k to § 7.10, The Use of Force in Response to Student Behavior; Comment h to § 7.20, Exclusion from School; and Comment j to § 8.10, Student Expression.

At the 2021 Annual Meeting, the membership voted to approve Tentative Draft No. 3, which includes § 2.22 from Chapter 2, State Intervention for Abuse and Neglect; § 8.10 from Chapter 8, Student Speech Rights; §§ 9.10 and 9.20 from Chapter 9, Religion in Public Schools; §§ 10.10 and 10.20 from Chapter 10, School Searches; and §§ 12.10 and 12.11 from Chapter 12, Pre-Adjudication.

Based on the discussion at the 2019 Annual Meeting, the black letter of Section 19.02 has been revised. Members and project participants may view the new text under the Drafts tab. The Comments will be aligned with the black letter.

All draft approvals are subject to the discussion at the meeting and usual editorial prerogative.

For an in-depth description of this project, please visit the Children and the Law page of The ALI Adviser