Friday, September 26, 2008
VIRGINIA DAVIS, National Congress of American Indians, and KEVIN K. WASHBURN, University of Arizona - James E. Rogers College of Law have authored "Sex Offender Registration in Indian Country" forthcoming in Ohio State Journal of Criminal Law. They have posted the abstract on SSRN:
Congress was first confronted with the issue of sex offender registration following an incident at a BIA Indian school on the Hopi reservation after a BIA school teacher was convicted of molesting 142 Indian boys during a six-year period in the 1980s. The case, which resulted in a criminal conviction and a $50 million civil settlement, left a scar on the national consciousness. Despite this history, Congress all but ignored the needs of Indian victims and Indian tribes when it enacted the Sex Offender Registration and Notification Act as part of the Adam Walsh Act, mandating sex offender registration nationally. This essay criticizes this legislation and the undeliberative and unconsultative process that produced it. It concludes that the legislation might have been far more effective in dealing with sex crimes victimization on Indian reservations if Congress had embraced tribes as equal partners with states in implementing the law's provisions. In the end, the law is likely to help least the very people who suffer from sex crimes the most. This tragedy could have been averted with a more thoughtful approach and greater recognition of the nuances of jurisdiction and insititutional capacity in Indian country.
(RR September 26, 2008).
Monday, September 15, 2008
Texas FLDS Update: Ongoing Problems for State, Amidst Widespread Discovery Violations and Dismissal of "More Than Half" of Seized Children's Cases
Texas Child Protective Services "wants a do-over," according to the Deseret News. Employing a metaphor from the world of golf, a Texas Child Protective Services attorney admitted that the State had failed to provide discovery materials to lawyers for parents involved in the remaining cases, and asked the Court to grant the state a "mulligan." The News also reported that as of September 5, Texas authorities had dismissed "more than half" of the dependency cases of children seized from the Fundamentalist Latter Day Saints Yearning For Zion ranch. (last visited by MIF 09-15-08)
Saturday, September 13, 2008
Plaintiffs in LaShawn A. v. Fenty, the long-running federal court class-action case involving the District of Columbia's Child and Family Services Agency, have filed a contempt motion, alleging widespread violations of the Court's 1993 modified Final Order and 2007 Amended Implementation Plan. Read the Motion and other case documents here and the District's opposition to the motion here: Download d_c_response_to_contempt_motion.pdf (last visited MIF 09-13-08)
Sunday, August 24, 2008
Advocates for Children and Youth (Maryland), reports here that "African-American children in Maryland are in out-of-home
placement at 5.3 times the rate of white children, more than 50 percent
higher than the national gap. African-American children are being
removed from their homes at 3.5 times the rate of white children. These
disparities exist despite no evidence of any difference in actual
A substantial body of research has demonstrated nationwide that African-American children and families are treated worse at every stage of the child welfare process than whites. African-Americans parents are the subject of a disproportionate number of unsubstantiated reports of child abuse and neglect, African-American children are removed at greater rates than white children, receive worse treatment and endure longer stays in foster care, and are adopted at lower rates than white children. Much of the earliest research is described in Dorothy Roberts' chilling, classic 2001 book, Shattered Bonds: The Color of Child Welfare.
For more recent state-by-state data, see Appendix 2 to this July 2007 U.S. Government Accounting Office report.
The Government Accounting Office submitted this July 31, 2008 testimony for a hearing in the U.S. House of Representatives, Committee on Ways and Means, Subcommittee on Income Security and Family Support.
The Center for the Study of Social Policy has been a leader in bringing attention to this issue via the Annie E. Casey Foundation-CSSP Alliance for Racial Equity in Child Welfare. See Robert Hill's 2007 report for CSSP synthesizing research on racial disproportionality in child welfare, and CSSP's fact sheet.
(all links last visited 08-24-08 MIF)
Saturday, August 23, 2008
Brooke Adams of the Salt Lake Tribune reports today that on Friday, August 22, Texas dropped 49 child abuse allegations involving children from the FLDS ranch. Texas now has asked for the dismissal of 150 cases, with 290 remaining pending. According to Adams, of the 440 children taken by the state from the Yearning for Zion ranch and later ordered returned by the state Supreme Court, one child has been returned to state custody. (last visited 08-23-08 MIF)
Wednesday, August 20, 2008
National Coalition for Child Protection Reform Releases "Due Process Agenda for Children and Families"
On August 11, 2008, The National Coalition for Child Protection Reform released "Civil Liberties Without Exception: NCCPR's Due Process Agenda for Children and Families". Setting forth sixteen recommendations, the report urges states to "enact . . . meaningful due process protections for families." NCCPR recommends elimination of the "secretive, insular" culture of child welfare in which most agency records and court hearings are shielded from the public. NCCPR's recommendations also include significant improvement in the screening of reports telephoned to child abuse and neglect hotlines and improved legal representation of parents in child welfare cases. (August 20, 2008 MIF)
Friday, August 15, 2008
From FEMINIST PHILOSOPHERS BLOG:
"The Feral Child is an object of fascination for many theorists. The very idea of one raises speculations about what the human being apart from civilization would be like. But the actuality can be horrible, tragic, sickening. Florida’s St. Petersburg Times recently published a long story on a child who seems to have had little social contact for the first five or six years of her life."
Feminist Philosophers Blog also provided this link to more on the story, including audio and other links: here (last visited August 11, 2008 RR).
Thanks Feminist Philosophers!
Friday, May 23, 2008
"Child Protective Services has notified the Texas Supreme Court that the state plans to appeal a ruling that it had no right to seize hundreds of children from a polygamous religious sect, a court spokesman said today.
"As I understand it, CPS called and said they were giving advance notice they'd be filing something today," said spokesman Osler McCarthy. He said the call came this morning.
CPS spokesmen didn't immediately return telephone calls today.
Thursday's decision by the 3rd Court of Appeals in Austin halted custody hearings in San Angelo and raised the possibility of family reunions.
The 3rd Court ruled a San Angelo judge exceeded her authority in ordering into foster care every child residing at the Yearning for Zion Ranch, not just the teen girls who Texas Child Protective Services said were at risk of being married to older men.
"The department (CPS) did not present any evidence of danger to the physical health or safety of any male children or any female children who had not reached puberty," the order by a three-judge panel of the appeals court said in part. About half of the more than 460 children placed in protective custody were babies or toddlers."
By Terri Langford & Lisa Sandberg, Houston Chronicle and San Antonio Express-News Link to Article (last visited 5-23-08 NVS)
Friday, January 11, 2008
A recent report by two research institutions, the Center for New York City Affairs at the New School and the Center for an Urban Future reports that the New York Family Court system has been “overwhelmed” by a flood of abuse and neglect cases in the last two years. The report “Against the Clock: The Struggle to Move Kids Into Permanent Homes,” notes that abuse and neglect allegation have increased by 150% in the past two years and that more children are spending longer periods in foster care. "Despite the Permanency Law of 2005 — which aimed to get children out of foster care faster — kids in New York City are staying in foster care longer. For children in foster care for the first time, the median length of stay before returning home rose from 8.2 months in fiscal year 2005 to 11.5 months in fiscal year 2007."
Saturday, August 18, 2007
The Minnesota Supreme Court has held that the state's Child Abuse Reporting Act does not create a private cause of action against mandatory reporters for failure to report suspected child abuse to authorities. The court thus affirmed the district court's dismissal of this count of the plaintiff's claim. However, the plaintiffs had also pled a common law negligence claim. While the district court did not strike that claim, it did exclude all evidence related to the hospital's responsibility to report suspected child abuse to outside authorities. The supreme court held that this was error because the plaintiffs presented a prima facie case that the ordinary skill and care expected in the medical profession required the hospital to report a child with suspicious injuries as a victim of suspected child abuse. Two dissenting judges would have affirmed the district court's exclusion of
evidence as well, reasoning that the plaintiffs had failed to make a sufficient offer of proof.
Becker v. Mayo Found., 2007 Minn. LEXIS 455 (Minnesota Supreme Court August 16, 2007)
Opinion online (last visited August 18, 2007 bgf)
Thursday, August 9, 2007
A controversial law effectively banning parents from smacking their children has been passed by New Zealand's parliament. The legislation closes a legal loophole that allowed parents to use "reasonable force" to discipline their child. However, the new bill allows the police to use discretion over whether a parent should be prosecuted or not.
Read the BBC article (last visited August 10, 2007 bgf)
Tuesday, July 31, 2007
The 18th Annual Kids Count Data Book is now available from the Annie E. Casey Foundation. The data book provides national and state-by-state information and statistical trends on the conditions of America’s children and families. Among the key indicators the data book tracks are infant, child and teen deaths; low-birthweight babies, teen births, high school dropout, teens not in school and not working, children living in families where no parent has full-time, year-round employment; children living in single-parent families, and percentage of children in poverty.
Tuesday, April 24, 2007
"Fifteen states get failing grades on a first-of-its-kind report card assessing the legal representation provided to abused and neglected children as courts make potentially fateful decisions about whether to separate them from their families.
The report, being released at a Capitol Hill briefing Tuesday by the Washington-based child advocacy group First Star, is sharply critical of states which do not require all children in these proceedings to be represented by their own attorneys.
It also says more states should join the 17 that require lawyers in these cases to represent the child's expressed wishes and ensure that those preferences are heard in court.
''In these proceedings the family of a child can be created and or destroyed based on the determination by the court,'' the report says. ''And too often, the child, although most impacted by the court, has the least amount of input.''
Since 1974, Congress has required states to appoint a representative -- often known as a guardian ad litem -- for any child involved in abuse and neglect proceedings. However, states have interpreted the federal law in varying ways; the First Star report said 16 do not have statutes requiring that these children be represented by their own attorneys in all child-protection proceedings." Associate Press, N.Y. Times Link to Article (last visited 4-24-97 NVS)
Sunday, April 1, 2007
To most Texans, the West Texas State School here is the troubled institution at the center of a sexual abuse scandal that has shaken the state’s juvenile detention system.
But to the residents of this town of 129 and the neighboring communities, it is a source of badly needed jobs.
That is why about 200 people gathered outside the county courthouse in Monahans on Tuesday to oppose a state auditor’s recommendation to close the school, and why nine residents made the 750-mile round trip drive to Austin this week to address legislators on the matter.
“This facility has been a part of the community since 1965,” said Donna Garcia, community relations coordinator at the school. “It feels like a personal vendetta against this community. We feel like the Legislature needs somebody to blame this on.”
In February, news accounts reported that from 2003 to 2005 two officials at West Texas State had had late-night sexual encounters with incarcerated boys and then were allowed to resign without facing criminal charges. Responding to the disclosure, and to pressure from the Legislature, Gov. Rick Perry forced the resignation of the Texas Youth Commission board and ordered a review of all of its facilities.
The agency is currently investigating 1,200 complaints against juvenile facilities around the state.
“Obviously, we’re outraged at the kind of things that are alleged,” Judge Greg Holly of the
By Barbara Novovitch, N.Y. Times Link to Article (Last visited 4-1-07 NVS)
Sunday, February 11, 2007
Case Law Development: Foster Parent's Privilege to Use Reasonable Physical Discipline Does Not Extend to Spanking that Leaves Extensive Bruising
The Arkansas Supreme Court finds that foster parents are “guardians” for purposes of the child abuse statute which permits “reasonable and moderate” physical punishment “for purposes of restraining or correcting the child.” The case involved a foster mother who had appealed the entry of her name on the state child-maltreatment registry, with the consequence that she would be thereafter ineligible to be a foster parent. While the court found that, despite the fact that foster parents are trained not to use physical discipline, the state statute’s exception for physical discipline extends to foster parents. However, in this case, the court agreed that the Department of Health and Human Services had not erred in refusing to remove the foster mother’s name from the registry since she had spanked a four-year-old child who suffered from cerebral palsy, used a walker for assistance, and was not potty-trained and left eight to ten straight-line bruises from the top of her knees, to the bottom of her buttocks, all of which were visible 27 hours later. The court concluded “we simply cannot say that such injuries constituted "minor temporary marks," nor were they the result of reasonable or moderate physical discipline.”
Dept. of Health and Human Services v. R.C., 2007 Ark. LEXIS 102 (February 8, 2007)
Opinion on the web (last visited February 11, 2007 bgf)
Thursday, February 1, 2007
Kelly Browe Olson, The Importance of Using Alternative Dispute Resolution Techniques and Processes in the Ethical and Informed Representation of Children, 6 NEV. L.J. 1333 (2006). This article analyzes and recommends the use of ADR processes in legal proceedings involving children. In contrast to the adversarial system, ADR incorporates confidentiality, listening, collaboration, problem-solving, information exchange, and future focus. The author explores the role of the attorney in child welfare, delinquency, and child custody proceedings. Link to Article (last visited 1-31-07 NVS)
Tuesday, January 30, 2007
"When current and former foster children formed a group to help youths who had turned 18 and were “aging out” of the system, one of the first things they did was hold a luggage drive.
“We saw that a lot of the kids were taking their clothes out in garbage bags,” said Chilton Brown, 23, a former foster child who spent ages 3 to 18 as a ward of the state, bouncing around 15 family homes or group residences.
A life contained in green plastic bags: it is the kind of humiliating detail that hits home hardest among foster youths themselves. It is also a telling sign of how unprepared many of these 18-year-olds are to live on their own, without families, jobs or school diplomas to shore them up."By Erik Eckholm, N.Y. Times Link to Article (last visited 1-29-07 NVS)
Tuesday, December 19, 2006
"In an effort to correct dysfunctional foster care systems, a growing number of child welfare agencies around the country are reaching outside their ranks to involve troubled families and the people in their lives in wrenching decisions about where endangered children should live. Some agencies find that by enlisting help from grandparents, church members, school counselors and sports coaches, they can reach faster, safer and more lasting decisions that result in fewer children languishing in foster care. Under the practice, known as team decision making, a group is assembled within 24 to 48 hours after a state agency is called into a crisis situation.
Programs exist in at least 21 states. Indiana, Michigan and Tennessee have adopted the team-approach statewide, while other programs are run at the county level. Officials in Denver County, Colo., credit the team approach for a 32 percent drop in out-of-home placements since 2002. In Cuyahoga County, Ohio, the program has reduced the number of children in foster care by more than half since 2001. Tennessee has reduced the number of children in state care by more than 1,000 since March 2004, when there were 10,600 in the system." By Lynette Clemetson, N.Y. Times Link to Article (last visited 12-18-06 NVS)
Wednesday, December 13, 2006
Case Law Development: Parent of Child Who Has Been Abused May Not be the Monitor for Child's Supervised Visitation with the Abusive Parent.
The trial court allowed a father, who sexually abused his adopted son, to return to the family home on weekends and designated the non-offending second parent as the monitor after finding that both parents had been participating in counseling and parenting classes. The non-offending parent was employed full time and the offending parent had been a stay-at-home parent.
The court of appeals reversed, because it found that the offending parent's return to the family home under these circumstances could not meet the needs of monitored visitation. It reasoned that even if the non-offending parent were able to arrange for another adult to monitor the visit while he was at work, "living together in the family residence will necessarily mean periods exist, even if somewhat brief (for example, when [non-offending parent] is asleep or showering), when the designated monitor will be unavailable. At least when the threat to the dependent child is the likely recurrence of sexual abuse, the concept of monitored visitation is fundamentally incompatible with around-the-clock in-home contact."
In re Ethan G., 2006 Cal. App. LEXIS 1922 (December 6, 2006)
Opinion on the web (last visited December 13, 2006 bgf)
Tuesday, December 12, 2006
"In the year since a 7-year-old was found beaten to death in a rodent-infested room in her family's apartment, the city's child welfare agency has improved staffing, case tracking and coordination with other city agencies. At the same time, however, it has seen an extraordinary increase in the number of child abuse and neglect reports, the agency says in a progress report due for release Monday. The Administration for Children's Services has received about 64,000 reports of abuse and neglect this year -- up about 33 percent from last year.
''We've dealt with a challenge that I have never seen the like of anywhere in the country -- a huge explosion in the number of reports,'' agency Commissioner John Mattingly said. ''We've had to investigate every one of them.''" Associate Press, N.Y. Times Link to Article (last visited 12-11-06 NVS)