title: Legal applications of the "best interest of the child" standard: judicial rationalization or a measure of institutional competence?
abstract: This article explores the use of the best interest standard in the context of third-party interventions in ongoing parent-child relationships. I start by examining the history of the best interest standard and show that it has had different meanings in different eras. I then address the nature of the family and the question of whether interests beyond those addressed in the child's best interest standard are a legitimate part of family decision-making. I conclude that ongoing families are entitled to at least a measure of deference in their decisions about their children. Third-party interventions, such as those of doctors or judges, should require something more than simply a difference of opinion about where the child's interests lie.
authors.affiliation: University of Minnesota Law School, Minneapolis, Minnesota.
authors.forename: June
authors.initials: J
authors.lastname: Carbone
mesh_terms: D017028:Caregivers / Q000331:legislation & jurisprudence; D002648:Child; D002649:Child Abuse / Q000331:legislation & jurisprudence; D002651:Child Advocacy / Q000331:legislation & jurisprudence*; D003657:Decision Making; D006801:Humans; D010290:Parents / Q000523:psychology*; D010344:Patient Advocacy / Q000331:legislation & jurisprudence; D010372:Pediatrics / Q000331:legislation & jurisprudence*; D014481:United States
keywords: best interest; child; ethics; family; law