Sessions Information

  • May 7, 2019
    9:00 am - 10:15 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: N/A
    Room: Nob Hill 3
    Floor: Sixth Floor

    My Family Belongs to Me: A Child’s Right to Family Integrity

    Shanta Trivedi, University of Baltimore

    On a daily basis in the United States, the government separates children from their parents based on their parents’ immigration status, incarceration, or involvement in the child welfare system. Under Fourteenth Amendment due process jurisprudence, it is clear that parents have a fundamental liberty interest in their relationship with their children. It would seem sensible, then, that the child’s right to that same relationship would be just as clear. Surprisingly, it is not. Some scholars point to limited Supreme Court dicta to argue that children do have a constitutional right to family integrity. However, the Court has never squarely answered the question of what rights a child may assert to protect their familial relationships, and only a few lower federal courts have addressed the question. Most are silent. This ambiguity has considerable implications in myriad contexts, including cases where parents’ and children’s rights are in conflict or other familial relationships (such as those with siblings) are infringed upon.

    This article is the first to comprehensively examine whether and under what legal authority a child has an autonomous right to their family. The article analyzes the legal implications, as well as the benefits and disadvantages for children and their families, if such a right exists. In undertaking this exploration, the article also examines the historical, cultural, doctrinal, and theoretical principles supporting a child’s independent right to family integrity, including consideration of international laws and conventions.

     

    Oral Health Parity: A Call for Health Justice through Equal Access to Oral Healthcare

    Jessica Millward, Georgetown University Law Center

    Lack of access to oral healthcare can be deadly. In 2007, Deamonte Driver, a 12-year-old boy, died as the result of an abscessed tooth. Although Deamonte’s family had been insured by Medicaid, which provides dental coverage to children under Medicaid EPSDT, coverage lapsed and Deamonte’s parents could not access preventive dental care for him despite repeated efforts. Even when the family had access to Medicaid, they had trouble accessing a dentist who would treat Deamonte and his brother. Children’s dental needs are not the only unmet dental needs. For adults insured through Medicaid, dental coverage is an optional service. States that opt-in to providing Medicaid dental coverage frequently cap coverage to the extent that insured individuals cannot access care. In this, Medicaid mirrors available private dental insurance, which is often woefully inadequate. Worse, Medicare actually prohibits coverage related to the care of teeth.

    Using the Mental Health Parity and Addiction Equality Act of 2008 as a model and drawing on the Lifecourse Health Development Theory to support the need for oral healthcare for all ages and life stages, I propose a path for coverage of oral health services across all health insurance models, both public and private. 


Session Speakers
Georgetown University Law Center
Works-in-Progress Presenter

University of Baltimore School of Law
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.