Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

Tuesday, January 26, 2010

Arrested for Not Registering Home-Schooled Kids

From cbs6albany.com:

FONDA -- A Montgomery County couple has been arrested on child endangerment charges for failing to register their children with the school district as they were home-schooled, the Montgomery County Sheriff's Office said Monday.

The Cressys were issued appearance tickets to appear in the Town of Glen Court at a later date. The case has been turned over to the Montgomery County District Attorney and the Child Protective Unit.

Hoffman said the Cressys have since submitted a home-schooling curriculum, which he has approved. 

An arrest seems a little harsh, especially on child endangerment charges.  Some might suggest that the most problematic and unsafe school districts in the country should face child endangerment charges themselves.

For more on the Montgomery County case, read here.

MR

January 26, 2010 in Child Abuse | Permalink | Comments (1) | TrackBack (0)

Thursday, January 21, 2010

Tattooing Children

We’ve previously touched on the difficulty of drawing a line between permitting parents to make certain medical decisions and having the state do so.  What about tattooing children with primitive instruments?  Is there something wrong with that?  How is different from piercing a baby’s ears, other than the permanency of having a “mom and dad” tattoo on your arm?

From myfoxdc.com:

CHATTOOGA COUNTY, Ga. - A Georgia couple is out of jail on bond after being arrested for tattooing six of their children.

Investigators say they put their children in danger, but they say they did nothing wrong.

Investigators said a plastic pen body with a needle made of a guitar string connected to an electric motor was used to tattoo the six children.

Read more here.

MR

January 21, 2010 in Child Abuse | Permalink | Comments (1) | TrackBack (0)

Tuesday, January 12, 2010

Supreme Court Hears Oral Arguments on Civil Commitment of Sex Offenders Today

Today, the United States Supreme Court heard arguments in United States v. Comstock (08-1224), which deals with a federal law that indefinitely commits those who finished serving their sentences in North Carolina, typically for sexual offenses against minors.  During oral argument, General Kagan pointed that out of 103 people certified under these laws, 83 had committed sexual offenses.  She stated:

What is necessary [under this law] is two things: First, that the person in fact have engaged in sexually violent behavior or child molestation. So there is a factual predicate there. And -- and so far, the Bureau of Prisons has found that about 15,000 people whom it has reviewed meet that factual predicate. Of those, the Bureau of Prisons has certified only 105 of those, who were also found to have the kind of mental illness that made it reasonably likely that -- that they would continue to commit this -- these kinds of offenses. (Tr. 24-25).

The Supreme Court has previously upheld a similar Kansas law in Kansas v. Hendricks, 521 U.S. 346 (1997).

The Supreme Court oral argument transcript in United States v. Comstock (08-1224) is available here, and commentary on the law from a victim's perspective is here.

MR

 

January 12, 2010 in Child Abuse | Permalink | Comments (1) | TrackBack (0)

Saturday, January 9, 2010

Child Slavery in Haiti

An astounding new report suggests that because of poverty, at least 225,000 children in Haiti, two-third girls, have been sent into slavery as unpaid household servants, known as “restavek.”  Some of these children—especially girls—also suffer sexual, psychological, and physical abuse.  Counter-logically, 11% of families with a restavek have sent their own children into domestic servitude elsewhere.  Read more here.

MR

January 9, 2010 in Child Abuse | Permalink | Comments (0) | TrackBack (0)

Friday, December 18, 2009

ABC's 20/20 to feature a segment on "Parental Alienation Syndrome" Friday night

Parental Alienation Syndrome to be highlighted on ABC’s 20/20

Posted by admin in Brainwashing

20/20 show on parental alienation syndromeABC News’ show 20/20 will be featuring a segment this Friday, with a brief appearance by Dr. Richard Warshak, the foremost author and psychologist on parental alienation syndrome, aka “children brainwashed to hate a parent.”

From Dr. Warshak’s site,

I expect this show to have a major impact in educating the public about the suffering of children who have been turned against a parent, and about what can be done to help ease a child’s transition back to a rejected parent.

The segment will be anchored by 20/20 reporter Chris Cuomo. This topic, mental child abuse, is vastly misunderstood by parents, therapists, judges, and lawyers alike, so I’m excited that it will be in front of a national audience. Dr. Warshak is the foremost authority on parent-child alienation, so ABC did great in choosing to interview him.

The segment should air in the first hour of the 2 hour show (9-11pm EST). expe

AC

 

December 18, 2009 in Child Abuse | Permalink | Comments (0) | TrackBack (0)

Tuesday, October 20, 2009

Child Protective Services to Investigate Balloon Boy's Home

                                                                     Airplane

 

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

October 20, 2009 in Child Abuse | Permalink | Comments (1) | TrackBack (0)

Thursday, October 15, 2009

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.

                                                                         MD

MR

Hat Tip: Elizabeth Ryznar

October 15, 2009 in Child Abuse | Permalink | Comments (1) | TrackBack (0)

Monday, May 11, 2009

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

May 11, 2009 in Abortion, Child Abuse, Child Support (establishing), Child Support Enforcement | Permalink | Comments (3) | TrackBack (0)

Friday, April 17, 2009

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)

April 17, 2009 in Child Abuse | Permalink | Comments (2) | TrackBack (0)

Friday, April 10, 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)

April 10, 2009 in Attorneys, Child Abuse | Permalink | Comments (0) | TrackBack (0)

Monday, April 6, 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)

April 6, 2009 in Child Abuse | Permalink | Comments (0) | TrackBack (0)

Sunday, April 5, 2009

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)

April 5, 2009 in Child Abuse | Permalink | Comments (0) | TrackBack (0)

Friday, March 13, 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)

March 13, 2009 in Child Abuse | Permalink | Comments (1) | TrackBack (0)

Monday, March 9, 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)

March 9, 2009 in Child Abuse | Permalink | Comments (0) | TrackBack (0)

Friday, March 6, 2009

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)

March 6, 2009 in Child Abuse | Permalink | Comments (0) | TrackBack (0)

Friday, February 20, 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 WithinClick on this link and then click again on "listen here" to hear the program (17 mins 26 secs.)

(last visited MIF -2-20-2009)

February 20, 2009 in Child Abuse | Permalink | Comments (0) | TrackBack (0)

Thursday, February 5, 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

April 2009

May 2009

(MIF 02-06-2009)

February 5, 2009 in Child Abuse | Permalink | Comments (0) | TrackBack (0)

Monday, February 2, 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)

February 2, 2009 in Adoption, Attorneys, Child Abuse | Permalink | Comments (0) | TrackBack (3)

Friday, January 30, 2009

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)

January 30, 2009 in Child Abuse, Domestic Violence | Permalink | Comments (1) | TrackBack (0)

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)

January 30, 2009 in Child Abuse, Custody (parenting plans), Termination of Parental Rights, Visitation | Permalink | Comments (1) | TrackBack (5)