Using the Restatement of Children and the Law to consider the harm of removal

Abstract The family policing system separates families every day. As a result, children and their parents suffer lifelong, irreversible trauma and a host of other negative consequences. The Restatement acknowledges these harms and directs courts to consider the harms of removal throughout court proceedings when deciding whether a child should be removed from their parents or in determining if reunification is appropriate. The Restatement also highlights the legal standards that apply when the constitutional right to family integrity is at stake. The Restatement therefore makes crucial recommendations for courts who handle these important cases. This Article explains some of the harms that children experience when they are ripped from their parents in family policing proceedings and placed into an unpredictable and often harmful foster system. It highlights the provisions of the Restatement that instruct courts on how and when these harms should be balanced with the risk to the child if they remain at home.