Parental licensing involves restrictions on the freedom to parent a child that are imposed by the state on individuals who may never have mistreated children. In requiring that individuals be licensed, the state demands that they show some competency in being a parent before they actually become one in a social sense. Since typically, the relevant restrictions are prospective in nature—they occur before someone has had the opportunity to parent a child—what lies at the core of parental licensing is “prior restraint”; people are restrained in the activity of parenting prior to showing any incompetence in doing so (i.e., by harming a child)
In order to protect children from risks associated with bad parenting, some philosophers have recommended that all parents be licensed, in much the same way in which drivers of motor vehicles and many professionals, such as physicians, are licensed.
The Status Quo on Parental Licensing
Many philosophers have ignored or downplayed the fact that parental
licensing actually occurs. In many jurisdictions, some
individuals—namely,
adoptive and foster parents—must be licensed before they are
legally allowed to parent a child. Although these people do not
receive an actual license to parent, similar to a driver’s license,
what they undergo is still properly called parental licensing. They
are prevented from becoming a parent unless they complete a home
study, which itself involves criminal background checks together
with assessments of one’s financial
situation, physical and mental health, place of residence (i.e.,
whether it is child friendly), and family history including
relationships with one’s parents and any current or previous
spouse(s).
2 Additional requirements may include follow-up visits from social
workers and, less commonly, attendance at government-mandated
parenting classes.
Unlike the philosophers we have just discussed, others oppose
the imposition of greater licensing on parents, and object in
particular to universal parental licensing (with most of their work
targeting LaFollette’s 1980 paper). Although these philosophers do
not set out to defend the status quo, they are generally content
with it—with the exception of Jurgen De Wispelaere and Daniel
Weinstock, who believe the status quo should be reevaluated from
the ground up (2012; more on their view below). Moreover, those who
are satisfied with the status quo (i.e., on parental licensing) are
not necessarily satisfied with the status quo on the extent to
which the state monitors or supports parents. On the contrary, most
of these philosophers contend that the state ought to invest more
in parenting through greater monitoring of, or social assistance
for, parents. Among the reasons philosophers have given for
objecting to LaFollette’s (1980) proposal, and proposals like it,
are that licensing will not effectively weed out people who would
be very bad parents; that, overall, greater monitoring of parents
by the state
is a better solution to the problems of child abuse and neglect
than licensing parents; and that the problems of enforcing
licensing schemes are too great. Let us commentbriefly on each of
these objections.
First, some—such as Lawrence Frisch (1981) and David Archard (1990,
2004)—argue that it would be a mistake to license more parents
because parental licensing would not in fact succeed in reducing
child abuse and neglect. The reason is that it could
not reliably predict which individuals will mistreat their
children. For example, Frisch suspects that most child abuse and
neglect occurs in response to extraordinary social or economic
stress, and that since licensing cannot duplicate these conditions
and test how
people react under them, it cannot prevent child abuse and neglect
(1981: 176). By contrast, Archard claims that child abuse is the
result in part of individual
psychopathology, but that research on child abuse has so far failed
to “produce a clear and distinct psychological picture of the
abusing parent” (2004: 188). Hence, we cannot predict with
sufficient accuracy which people will abuse their children and
should therefore be denied a parental license.
Second, various authors have suggested that over time, licensed
parents would have to be re-evaluated to ensure that they are still
fit to care for their children. But if that is the case, then
wouldn’t it be simpler, as these philosophers ask, simply to
monitor parents’ treatment of their children in a more
comprehensive way than we do now? Archard insists that such a
solution would be less “cumbersome” than a system of repeat
licensing (1990: 191). It also would not involve many of the
difficulties of licensing, including the need to make predictions
about people’s future performance in parenting, predictions that
would have to “cover all eventualities” (Archard 1990: 191).
Third, there is the question of whether parental licensing could be
enforced in a fair or reasonable way. This problem—variously
described in terms of the “viability” (Engster 2010) or
“feasibility” (McLeod & Botterell 2014) of licensing—receives
its best
treatment from Daniel Engster (2010). Engster explains that it
would be difficult to enforce parental licensing without causing
women great hardship, and thus without furthering gender
inequality. For example, women without a license to parent a child
who experience an unplanned pregnancy would be forced to consider
having an abortion or having a child with whom they were in a close
physical relationship for nine months taken away from them (Engster
2010: 247-248). To be sure, they could try to hide their pregnancy,
which would involve foregoing assistance from health care
professionals during pregnancy and birth; but, of course, this
option would pose serious
risks to their health and the health of their child (2010:
247-248). Men, on the other hand, would not generally face choices
as distressing as these as a result of parental licensing. Even
after the birth of their child, their situation would not be the
same as that of women who give birth. For instance, given the
unequal economic status between women and men, the choice between
staying with a partner who is denied a parental license and keeping
one’s child would not be as difficult, on average, for heterosexual
men compared to heterosexual women (2010: 248). For Engster (2010),
the disproportionate burden that widespread parental licensing
would have on women is too great.These objections to a system of
universal parental licensing are certainly compelling. Yet notice
that the first two apply equally well to our current system of
parental licensing. If we have no good way of predicting who will
abuse or neglect children, then we should not be licensing any
parents, assuming that our purpose in doing so is to ensure that
people will not mistreat their children. Moreover, if we
could
achieve this aim through the greater monitoring of parents rather
than the licensing of them, then there is a strong case to be made
for doing that instead. Philosophers who have expressed these
concerns about universal parental licensing generally fail to
extend them to the licensing of adoptive and foster parents. For
example, Frisch does not even mention this form of licensing, while
Archard tries to justify it by pointing to the fact that “natural
parents,” as he calls them, have a claim to “rear their own
children” that seems, he says, to be stronger (he does not argue
that it is stronger) than any claim an adoptive parent has to raise
a child (2004: 189).8
english in nursing school write about why you support thay parents have to have license ex:...
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