What is the legal basis for a child's right to protection?

The legal basis for a child’s right to protection in Virginia is derived from the United States Constitution, state law, and the Code of Virginia. The due process clause of the 14th Amendment of the U.S. Constitution guarantees the right of all individuals to receive certain basic protections under the law, including protection from abuse, neglect, and exploitation. Virginia has a set of laws that are specifically designed to protect children from abuse and neglect. The Code of Virginia, through Title 63.2, establishes the necessary standards for recognizing and responding to situations involving child abuse or neglect. This includes requiring specific reporting of suspected abuse or neglect and the protections specific to each type of abuse or neglect. The Code of Virginia also outlines specific standards and protections for vulnerable children living in foster care. This includes ensuring that foster parents and caregivers meet high standards of conduct and quality of care, that children’s medical and mental health needs are met, and that any transferal of custody is done in a way that is in the best interest of the child. Child advocacy law in Virginia also outlines legal and financial protections for the parents or caregivers of abused or neglected children. This includes protecting their rights to due process and providing financial assistance to ensure that they are able to adequately care for and support the child.

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