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The Harm Of "Nothing Burgers", Joshua Gupta-Kagan
The Harm Of "Nothing Burgers", Joshua Gupta-Kagan
Faculty Scholarship
Child protective services (CPS) agencies subject a wide scope of families to investigation, and the vast majority do not lead to family separations or family court cases. A 2017 study, for instance, showing that 37% of all children and 53% of Black children are the subject of CPS investigations in their childhoods, has now been cited hundreds of times. Kelley Fong’s new book, Investigating Families, is based on the months she spent embedded with CPS investigators responding to allegations that parents abused or (more often) neglected their children, and the interviews she conducted with both investigators and the parents …
Accommodating Parents, Joshua Gupta-Kagan
Accommodating Parents, Joshua Gupta-Kagan
Faculty Scholarship
The child protection legal system is supposed to work towards the reunification of parents and children in foster care through individualized services to help parents raise their children safely. But that legal system has long been criticized for frequent and severe invasions into the family integrity rights of parents with disabilities and their children, treating parental disabilities as grounds for permanent separation instead of individual characteristics to be accommodated. Several years ago, it seemed that the law was turning. In 2015, the U.S. Departments of Health and Human Services and Justice issued joint guidance stating that the Americans with Disabilities …
Ending Cps Home Searches' Evasion Of The Fourth Amendment, Joshua Gupta-Kagan
Ending Cps Home Searches' Evasion Of The Fourth Amendment, Joshua Gupta-Kagan
Faculty Scholarship
Every year, Child Protective Service (CPS) agencies investigate about 3 million families around the country for alleged neglect or abuse of their children. Under agency policies, all of those millions of investigations include searches of families’ homes. CPS investigators knock on the door (usually unannounced), look in every room of the house, open kitchen cabinets, sometimes inspect children’s bodies, and generally look for any evidence of child maltreatment. Yet CPS agencies rarely seek a warrant, and typically act as if that is unnecessary. (P. 18 & n.86.)
A Ringing Endorsement Of Lawyers, And The Most Important Development In Child Protection Law, Joshua Gupta-Kagan
A Ringing Endorsement Of Lawyers, And The Most Important Development In Child Protection Law, Joshua Gupta-Kagan
Faculty Scholarship
Two empirical studies demonstrating the impact of vigorous family defense legal work on child protection cases bookended the 2010s. In 2012, Mark Courtney and Jennifer Hook found that cases in which a specialized interdisciplinary law office (ILO) represented parents had faster reunifications, guardianships, and adoptions than similar cases with different parental representation, though it did not explore how those results were obtained. In 2019, Lucas Gerber, Yuk Pang, Timothy Ross, Martin Guggenheim, Peter Pecora, and Joel Miller found that, compared to solo and small office practitioners, ILOs in New York City hastened reunification and guardianships for their clients, leading to …