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Reasonable Efforts And Parent-Child Reunification, Raymond C. O'Brien
Reasonable Efforts And Parent-Child Reunification, Raymond C. O'Brien
Scholarly Articles
Among the increasing number of federal statutes impacting family law two continue to impact child permanency and parental rights. First, the Adoption Assistance and Child Welfare Act of 1980 mandates that state courts find that the state child welfare agency made reasonable efforts to reunite a dependent child with his or her parents prior to termination of parental rights. The child is dependent because a state court held that there was sufficient clear and convincing evidence to remove the child from the parents’ home. Often that evidence results from parental poverty, mental or physical disability, or the parents are undereducated …
Attorney Responsibility And Client Incapacity, Raymond C. O'Brien
Attorney Responsibility And Client Incapacity, Raymond C. O'Brien
Scholarly Articles
This Article suggests what an attorney should consider when representing a client suspected by the attorney of having diminished capacity, anticipating diminished capacity, or a client anticipating a response to the legal dilemmas posed by aging. So too, this Article suggests what an attorney should consider when retained by the family members of an allegedly incapacitate person. After providing demographics regarding aging, this Article will specifically address the attorney-client relationship in the context of the Model Rules of the American Bar Association. Next, this Article will integrate the attorney's responsibility regarding the proper execution of a Last Will and Testament, …