Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 7 of 7
Full-Text Articles in Law
Owning Laura Silsby’S Shame: How The Haitian Child Trafficking Scheme Embodies The Western Disregard For The Integrity Of Poor Families, Shani M. King
Owning Laura Silsby’S Shame: How The Haitian Child Trafficking Scheme Embodies The Western Disregard For The Integrity Of Poor Families, Shani M. King
Shani M. King
Using the Laura Silsby Haitian adoption case as a window into child placement schemes that affect poor families, this Article proceeds in four parts. Part I tells the story of the Silsby case and shows how the idea of rescuing poor Haitian children became the narrative that ultimately excused Silsby’s decision to move Haitian children who were not orphans across the border to the Dominican Republic. Part II describes the development of intercountry adoption (ICA) as a means of “saving” poor children and explains how the strength of this rescue narrative feeds illicit child trafficking schemes. Part II also explores …
Foster Kids In Limbo: The Effects Of The Interstate Compact On Children In Foster Care, Vivek Sankaran
Foster Kids In Limbo: The Effects Of The Interstate Compact On Children In Foster Care, Vivek Sankaran
Articles
Each year, child welfare agencies make over 40,000 requests for home studies to determine whether children in foster care can be placed with parents, relatives, and others living in another state. Each request is governed by the Interstate Compact on the Placement of Children (ICPC), a uniform law adopted by every state to coordinate the placement of foster children in other states. Under the ICPC, a child can only be placed in foster care in another state after the receiving state conducts a home study and approves the proposed placement. Despite its good intentions, the ICPC has become unworkable...A study …
Remove Time Limits On Reunification; Choose Guardianship Over Adoption, Stephen Butts
Remove Time Limits On Reunification; Choose Guardianship Over Adoption, Stephen Butts
GGU Law Review Blog
No abstract provided.
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
Bio Family 2.0: Can The American Child Welfare System Finally Find Permanency For 'Legal Orphans' With A Statute To Reinstate Parental Rights?, Meredith L. Schalick
University of Michigan Journal of Law Reform
The American child welfare system terminates parental rights for thousands of children each year even though adoptive families have not yet been identified for the children. Every year, there are more than 100,000 of these “legal orphans” waiting for new families. Given the lower rates of adoptions for children of color and older children, and the poor outcomes for most youth who age out of the foster care system, the American child welfare system must start to think differently about permanency options for children. This Article proposes a model statutory provision to reinstate parental rights under certain circumstances to give …
Case Closed: Addressing Unmet Legal Needs & Stabilizing Families, Vivek S. Sankaran, Martha L. Raimon
Case Closed: Addressing Unmet Legal Needs & Stabilizing Families, Vivek S. Sankaran, Martha L. Raimon
Other Publications
This is the first of two articles that examines the role that advocates for parents and families can play in furthering the well-being and safety of children. This article highlights how the work of multidisciplinary advocacy teams with legal expertise can help prevent children from entering foster care. The next article will discuss emerging parent representation models that expedite the safe reunification of children already in foster care.
Using Preventive Legal Advocacy To Keep Children From Entering Foster Care, Vivek Sankaran
Using Preventive Legal Advocacy To Keep Children From Entering Foster Care, Vivek Sankaran
Articles
Children may unnecessarily enter foster care because their parents are unable to resolve legal issues that affect their safety and well-being in their home.[...] Yet these kinds of legal needs for poor families are rarely met. On average, poor families experience at least one civil legal need per year, but only a small portion of those needs are satisfied. For about every six thousand people in poverty, there exists only one legal aid lawyer. So legal aid programs are forced to reject close to a million cases each year. This lack of legal services threatens the well-being of children[...] who …
In Re Sanders And The Resurrection Of Stanley V. Illinois, Joshua Gupta-Kagan
In Re Sanders And The Resurrection Of Stanley V. Illinois, Joshua Gupta-Kagan
Faculty Scholarship
This Essay begins by reviewing Stanley v. Illinois, and outlines how that foundational case originally recognized parental rights in foster care cases yet became understood primarily as a private adoption case. Second, it explains how, simultaneously, family courts developed the One-Parent Doctrine and a related doctrine making it difficult to transfer custody of a child from an abusive or neglectful parent in one state to a non-offending parent in another. Both doctrines violate Stanley by allowing the State to take custody of children without ever proving parental unfitness. Cases adopting these doctrines literally ignore Stanley. Third, this Essay …