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Hastings Constitutional Law Quarterly

Authors

Kathleen Kelly

Abstract

In all the debate about the burgeoning number of youth incarcerated in California juvenile justice systems or living in foster care because of abuse and neglect, few have recognized the growth of an immense and insidious crisis affecting the children supervised by the juvenile court. The crisis lies in the overwhelming number of children - court dependents and delinquents alike - who suffer from educational deficiencies and disabilities. This Article addresses the educational needs of both juvenile delinquents and dependents (victims of child abuse and neglect). Next, it explores numerous legal avenues to tackle this crisis, which includes relying on federal and state statutes, as well as constitutions. This Article concludes that the most effective method is taken at the juvenile court level. This approach is one that encourages a collaboration of all who are involved in a child's life.

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