The Proper Guardians of Foster Children's Educational Interests

Abstract

The United States Supreme Court has enumerated a constitutionally protected parental right to control the upbringing of one's child that includes the right to direct the child's education. The states, meanwhile, have differed in their interpretation and application of this principle when foster children's educational interests conflict with their biological parents' wishes. Specifically, although some states permit the judicial limitation of parental rights over children's education during foster care placement, others do not. This Article is among the first to consider the benefits and consequences of each approach in the context of parents' rights and children's best interests.