What "Best Interests of the Child" Means

1. The notion of special protections for children began to come into American law in the late 19^th century. Prior to that time, there were no children’s rights in family law, no protections against abuse, no juvenile justice system.

2. The term “best interests of the child” dates from that era and has over a century of use in American jurisprudence.

3. In matters related to parental divorce or separation, the phrase has evolved to generally become the primary consideration of judicial decision-making.

4. When children are in the care of the state, whether in foster care or in institutional placements, “best interests” is an important measure of whether services are meeting the child’s needs. For example, is the child receiving needed medical attention? Is the child being educated appropriately? Is the state facilitating the child's permanent placement with a nurturing family? In appropriate cases, is the state facilitating the child's return to his or her biological family with necessary support services?

5. In other venues-such as legislative forums, juvenile court improvement projects or child advocacy activities in which people work to improve systems-the best interest standard forms the basis for evaluating laws and their implementation. For example, are these family and juvenile laws, and their implementation, sufficiently child-centered.

The Issues
6. There has always been concern about the vagueness and breadth of this term, as well as the potential arbitrariness in how it may be applied. The “best interests” standard does not provide specific guidance. It is a subjective standard.

7. And there are often disagreements over what actions truly are in the best interests of children in a given case. For example, how does the standard apply in disputes between parents and grandparents or between biological parents and prospective adoptive parents?

The Future
8. The phrase has rightfully retained its special place in American law because of the need to keep the interests and perspective of the child foremost in the minds of adult decision-makers.

9. “Best interests of the child” embodies an aspiration against which legal policy and its implementation must be measured. As the law grapples with specific child and family dilemmas, it must integrate knowledge of the needs of growing children in different circumstances. The term reminds us that we must never lose sight of the viewpoint of the most defenseless member of the human family: the child.

Discussion Questions

1. Does our system need to improve how this standard is applied in these various settings? How can the public contribute to the dialogue?
2. How can the public get involved in efforts to improve its application? (Possibilities include legislative advocacy, joining state and local child advocacy organizations, and volunteering to work in juvenile court-based programs as court appointed special advocates.)

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