Family Law Prof Blog

Child Protective Services to Investigate Balloon Boy's Home

                                                                    

 

The media coverage of the Heene Family (of Wife Swap fame) continues endlessly, even more so now that the adrift balloon once suspected of carrying six-year-old Falcon Heene has been declared a hoax.  Among the many questions being asked is whether Child Protective Services should investigate the Heene home.  This, in turn, raises the ageless question of when the threshold for such intervention has been established, implicating the tension between intervening too frequently and failing to intervene when intervention is needed.  Of course, the answer must carefully consider the very strong autonomy and privacy rights of the parents, the interests of the children (which often may be to remain free of intervention), and the very limited number of alternatives—particularly for a set of three siblings.               

                                                                
MR

Spiritual, Not Medical, Treatment of Kids' Illnesses

Wisconsin parents failing to seek medical attention for their 11-year-old daughter, who subsequently died from untreated diabetes, were convicted of second-degree reckless homicide and recently sentenced to 30 days in jail each year for the next 6 years, as well as 10 years’ probation.  Prosecutors said that the parents prayed instead of seeking medical treatment, even when their daughter stopped being able to walk or talk.  The question of whether states should allow parents to practice only spiritual treatment is not a new one, but the debate has been renewed by this case, with many lawmakers pledging to take a fresh look at laws in this area.

                                                                         

MR

Hat Tip: Elizabeth Ryznar

CFP: Children and the Law Junior Faculty Workshop Call for Papers

Children and the Law Junior Faculty Workshop

July 16 -17, 2009

The Frances Lewis Law Center at Washington & Lee University is sponsoring a workshop for junior scholars working on legal issues related to children. The workshop will be held this summer on the campus of Washington & Lee in Lexington, Virginia.
More info on Feminist Law Professors blog here.

RR

Fewer Children In Foster Care In NC County Promotes Child Welfare and Saves Money

Guilford County (North Carolina) has employed a multi-prong approach to family preservation, and has reduced the number of children in foster care by 31%.  In this Greensboro (NC) News-Record article, county officials and national experts agree that the children who have remained with their families have avoided the unnecessary trauma of being separated from their families, and note the cost-savings of prevention programs as compared to out-of-home care.

(MIF 04-17-2009)

Case Update -- Termination of Parental Rights Vacated Because Counsel Appointed for Parent Only Two Weeks Before Trial

The Michigan Supreme Court issued a decision in In Re Hudson/Morgan Minors on April 8, 2009.

(MIF 4-10-2009)

Science and the Drug Exposed Infant

As part of a program at New York University School of Law recently on Drugs, Pregnancy and Parenting: What the Experts in Medicine, Social Work and Law Have to Say, Dr. Deborah A. Frank, Professor of Pediatrics at Boston University School of Medicine presented a lecture on Prenatal Drug Exposure: What Does the Science Tell Us?   She explores the social meaning of certain drugs and exposes some of the myths laden in the term "crack-addicted babies".  The entire lecture is about 15 minutes and would be especially useful in child welfare classes and clinics.  The video can be viewed at http://www.vimeo.com/3916613 (last visited April 6, 2009 bgf)

Stimulus Funds Available To Prevent Foster Care Placements Due To Inadequate Housing

The National Center for Housing and Child Welfare (NCHCW) has published an issue brief identifying more than $2 billion in stimulus funding available for emergency housing to prevent placement of children in foster care.  Trade journal Youth Today summarizes the issue brief here.

(MIF 04-05-2009)

Florida Reports Success Via Community-Based Care Title IV-E Waiver

A report prepared by University of South Florida researchers describes Florida's use of a federal waiver on expenditure of Title IV-E funds.  Since October 2006, Florida has redirected monies from out-of-home care (i.e., foster care and group home placements) by expanding prevention, family preservation, and in-home and other diversionary services and supports for families involved in, or at risk of involvement in, the child welfare system.  According to the data-laden report, Florida's community-based approach has resulted in improved outcomes for children with respect to safety and permanency, potentially signaling important innovations in child welfare policy and practice.

(MIF 03-13-2009)

Orders Prohibiting Reproduction

In his forthcoming article, "Child Welfare and Future Persons",  Carter Dillard, Westerfield Fellow, at Loyola University, New Orleans takes on the questions raised by State v. Oakley, 629 NW2d 200 (Wis. 2001) that we find in most of our family law textbooks -- that is, when, if ever, are orders prohibiting procreation constitutional and enforceable?  Here is the abstract of the article:

While ethicists have delved deep into the rights and wrongs of procreating, lawyers have had little to say about the matter, stymied by practical concerns, the tendency of the law to ignore prospective children and their interests, and the misperception that a fundamental rights boundary absolutely forbids state intervention. But recently a small door has opened in this wall between law and ethics: as courts faced with having to repeatedly remove abused and neglected children from parents adjudged unfit have issued temporary no-procreation orders. As precedent builds and the possibility of ex ante regulation of procreation and parenthood grows, a moral and legal debate is developing over what duties prospective parents owe their future children and the society with which those children will interact. But increasingly the debate is a muddle of inapposite and conflicting state probation and constitutional law in search of statutory guidance. This Article attempts to cut through it, and to state the intermediate-level principle at its core:

A prospective parent has a moral and legal duty to be fit when he or she has a child, one arising from or creating correlative claim-rights shared by the state and prospective children, and a prospective parent has no liberty to have a child until he or she is fit.

The Article then argues for codification of this principle, to be applied in cases of recurring child abuse and neglect.

Read the article on SSRN. (last visited March 9, 2009 bgf)

Report -- Youth Transitioning Out of Foster Care

States require youth to leave foster care at ages that vary from 18 to 21.  Abundant research shows that children who are "emancipated" directly from foster care to adulthood are at "high risk for a number of adverse outcomes during their transition to adulthood, including economic insecurity, housing instability, criminal justice involvement, and early child-bearing."  Chapin Hall at the University of Chicago recently issued a report reviewing state "policies and procedures designed to support youth transitioning out of foster care." (free registration on the Chapin Hall website may be required to access the free report)

(MIF 03-06-2009)

Racism in Child Welfare -- National Public Radio

NPR's Michel Martin aired a segment this week about racial disproportionality and disparity in the child welfare system, a topic addressed previously on this Blog (including in an entry dated January 27, 2009).  Guests included Kristen Weber of the Center for the Study of Social Policy, Bernadette Blount, a parent advocate with New York's Child Welfare Organizing Project, and Toni Heineman, Director of A Home Within.  Click on this link and then click again on "listen here" to hear the program (17 mins 26 secs.)

(last visited MIF -2-20-2009)

Conferences -- Adoption and Child Welfare

According to the Children's Bureau of the U.S. Department of Health and Human Services, the following conferences about adoption and child welfare are scheduled to occur in the next few months:

March 2009

• BACW 2009 Annual Conference
  Bridging the Gap for Our Children, Our Legacy
  Black Administrators in Child Welfare, Inc.
  March 8–10, Long Beach, CA
  www.blackadministrators.org
• Fifth Annual Conference on Childhood Grief and Traumatic Loss
  Restoring Joy to Children and Families
  ICAN Associates, Inc.
  March 26, Los Angeles, CA
  http://ican-ncfr.org/documents/Grief2009SavetheDate.pdf
• 36th Annual New England Adoption Conference
  Adoption Community of New England, Inc.
  March 28, Bellingham, MA
  http://adoptioncommunityofne.org/pages/annual-ne-adoption-conference.php
• 17th Annual Conference on Child Abuse and Neglect
  Focusing on the Future: Strengthening Families and Communities
  Children's Bureau, Office on Child Abuse and Neglect
  March 30–April 4, Atlanta, GA
  www.pal-tech.com/cbconference/index.cfm

April 2009

• 27th Annual Protecting Our Children National American Indian Conference on Child Abuse and Neglect
  National Indian Child Welfare Association
  April 19–22, Reno, NV
  www.nicwa.org/conference/
• American Adoption Conference 30th Annual Conference
  April 22–26, Cleveland, OH
  www.americanadoptioncongress.org/national_conferences.php

May 2009

• NFPA 39th Annual Education Conference
  Focus on the Future . . . Love a Child
  National Foster Parent Association
  May 4–8, Reno, NV
  https://secure3.convio.net/wmh1/site/SPageServer?pagename=Conference2009
• Eighth Annual National Citizen Review Panel Conference
  May 20–22, Jackson Hole, WY
  www.wycrp.org/Resources/2009NCRPConference.pdf

(MIF 02-06-2009)

Ohio adopts rules for Guardians Ad Litem

Completing a process begun in 2001, the Supreme Court of Ohio has adopted new rules governing the requirements for guardians ad litem in juvenile and domestic child custody cases.   The new rule 48 provides that courts must enter an order appointing either a GAL or a GAL and attorney advocate for the child. The rule includes a broad range of responsibilities for Guardians ad Litem, which are mandated unless impracticable or inadvisable.  These responsibilities include interviewing the parents and child and visiting the child in his or her residence.  All GALs are required to  file a written, final report at least seven days before a final hearing. 
Read the new rule 48 here (as a word document).

The new rule follows an extensive study of the Ohio GAL system which examined GAL services provided to abused and neglected children throughout the state.  The data for the study was collected through surveying guardians ad litem, juvenile/family court judges and through information contained in a sample of local court records.  Many of the recommendations from that report have found their way into the new rule.  Read the Ohio CASA/GAL Study Committee's Final Report: In the Interest of Abused and Neglected Children. (last visited Feb. 2, 2009 bgf)

Legislation update -- New York considers bill to protect children from "failure to protect" charges

In response to U.S. District Judge Weinstein's findings in Nicholson v. Williams, 203 F.Supp.2d 153 (E.D.N.Y. 2002), the New York State legislature will consider Bill A01440, designed to "prevent further trauma to a child whose custodial parent is a victim of domestic violence [by] establish[ing] a presumption of fitness on the part of the battered custodial parent to prevent the unnecessary removal of the child from the battered parent."

According to the "memo" describing Bill A01440, "Many child psychologists agree that the removal of children from their abused mothers actually harms children, who according to the Nicholson decision, 'are particularly sensitive to being separated from the non-abusive parent.' Often these children blame themselves for their placement into foster care. By establishing a presumption in favor of the battered parent, this legislation seeks to prevent routine and unnecessary removals of children from their custodial parent."

Bill A01440 has been referred to the New York State Assembly Children and Families Committee.

(MIF 01-30-2009)

Conference - Drugs, Pregnancy and Parenting

Drugs, Pregnancy and Parenting:
What the Experts in Medicine, Social Work and the Law Have to Say
Wednesday, February 11, 2009, New York City


People working in the field of criminal law, family law, and child welfare often have cases that involve issues of drug use. These lawyers, social workers, counselors, advocates and investigators, however, are often trying to do their jobs without the benefit of evidence-based research or access to experts knowledgeable about drugs, drug treatment and the relationship between drug use, pregnancy and parenting. Drugs, Pregnancy and Parenting: What the Experts in Medicine, Social Work and the Law Have to Say will provide a unique opportunity to meet and learn from the experts. Register at: http://napwtraining.eventbrite.com/

This dynamic program features nationally and internationally renowned medical, social work, and legal experts as well as people with direct experience who will help distinguish myth from fact, evidence-based information from media hype and provide meaningful tools for improved advocacy, representation, care and treatment. Panelists will discuss current research on marijuana, cocaine, methamphetamine, as well as other areas of research regarding drug use, prenatal exposure to drugs, recovery, treatment and parenting. This research is critical for effective representation and care.

Discussion points will include:
• What does a positive drug test predict about future neglect and abuse?
• What tools can I use to distinguish between myth and fact regarding the effect of drugs and other claims made about drug use and drug users? Is there such a thing as a "crack baby"?
• Is there a difference between drug use and abuse? Can a person parent and be a drug user?
• How should social workers, lawyers, counselors, advocates and judges use and interpret drug tests?
• How do we determine what, if any, treatment should be required and how do we measure its success?
• What is the relationship between drug use, abstinence, relapse and recovery?
• What does evidence-based research tell us about the effectiveness of different kinds of drug treatment?
• How can we implement safety plans that keep families together?
• How can I best advocate for/ help my client when drug use is an issue?

No matter what kind of work you do or practice you have, this course will challenge your assumptions, identify valuable resources and generate hope about families where drug use is an issue.

When: Wednesday, February 11, 2009, 9am to 6pm.
Where: NYU School of Law, 40 Washington Square South, Manhattan
Registration: The fee is $20 in advance or $25 at the door.  Breakfast, lunch and beverages will be provided. Financial aid is available. Please register at: http://napwtraining.eventbrite.com/

This program was developed in consultation with representatives from all aspects of New York City 's child welfare system. It is co-sponsored by National Advocates for Pregnant Women, New York University School of Law, and the New York University Silver School of Social Work.

Continuing Legal Education, (7 NY-CLE Credits: 5 Areas of Professional Practice, 2 Skills), Social Work (8 Credits) and CASAC (NYS OASAS 7.5 clock hours approved for CASAC, CPP and/or CPS initial credentialing and/or renewal credits) for full or partial day program available for New York. This program is appropriate for practitioners at all levels. Students are welcome.

For more information, contact Allison Guttu, NAPW Equal Justice Works Staff Attorney, at 212-255-9252 or aguttu@advocatesforpregnantwomen.org.

RR (thanks to Maria Arias)

Racial Disproportionality in Child Welfare -- New Report

The Center for the Study of Social Policy has issued a report describing pervasive racial disproportionality and disparity in Michigan's child welfare system.  Titled "Race Equity Review: Findings From A Qualitative Analysis of Racial Disproportionality and Disparity for African American Children and Families in Michigan's Child Welfare System," the report was the subject of a Detroit News story and analysis by the National Coalition for Child Protection Reform.

(MIF 01-27-2009)

Kinship Care vs. Foster Care

In the current issue of Families In Society: The Journal of Contemporary Social Services, see "Matched Comparison of Children in Kinship Care and Foster Care on Child Welfare Outcomes," by Winokur, Crawford, Longobardi, and Valentine:

"The documented growth of kinship care has boldly thrust this topic into the forefront of child welfare practice. This study compares the permanency, safety, and stability outcomes for a matched group of children placed in kinship care and foster care. After controlling for demographic and placement characteristics, children in kinship care had significantly fewer placements than did children in foster care, and they were less likely to still be in care, have a new allegation of institutional abuse or neglect, be involved with the juvenile justice system, and achieve reunification. These findings call for a greater commitment by child welfare professionals, policy makers, and researchers to make kinship care a viable out-of-home placement option for children and families."

(MIF 01-13-2009)

Call for Workshops -- Parent Representation Conference

The National Project to Improve Representation of Parents in the Child Welfare System and the American Bar Association Center on Children and the Law will offer the first National Parent Attorney Conference in Washington, D.C. on May 13 - 14th, 2009. Here is a link to the Project's website, including the call for workshops for the conference.

(MIF 01-05-2009)

 

President Bush signs new child welfare legislation

According to the Children's Bureau of the federal Department of Health and Human Services Administration for Children and Families:

"On October 7, 2008, President George W. Bush signed into law H.R. 6893, the Fostering Connections to Success and Increasing Adoptions Act of 2008. The new law, Public Law (P.L.) 110-351, generally amends titles IV-B and IV-E of the Social Security Act to provide support to some relative caregivers, provide for Tribal foster care and adoption access, and improve incentives to promote adoption.

Major provisions of the Act include:

• Extending and expanding adoption incentives through Federal fiscal year (FFY) 2013
• Creating an option to provide kinship guardianship assistance payments
• Creating an option to extend eligibility for title IV-E foster care, adoption assistance, and kinship guardianship payments to age 21 beginning in FFY 2011
• Phasing in the de-linking of adoption assistance from Aid to Families with Dependent Children (AFDC) eligibility beginning in FFY 2011
• Providing federally recognized Indian Tribes or consortia with the option to operate a title IV-E program beginning in FFY 2010"

This is a link to the Children's Bureau Express, which includes links to the new law and the Children's Bureau's guidance.