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Articles 1 - 27 of 27
Full-Text Articles in Law
Creating And Maintaining Consistent Standards Regarding The Role Of Parental Substance Abuse At Shelter Care Hearings In Washington State, Emma Vanderweyst
Creating And Maintaining Consistent Standards Regarding The Role Of Parental Substance Abuse At Shelter Care Hearings In Washington State, Emma Vanderweyst
Washington Law Review
When Child Protective Services (CPS) removes children from their home in Washington State, the State must hold a shelter care hearing within seventy-two hours to determine where the children should be placed while the investigation and dependency hearing proceed. RCW 13.34.065 requires the State to return a child to their parent’s care if there is a parent capable of caring for the child and there is no “serious threat of substantial harm” to the child. However, in July 2023, the Washington State Legislature will update RCW 13.34.065 to reflect a recently passed bill. This bill heightens the previous burden and …
Promoting Resilience For Children And Families With Adverse Childhood Experiences, Laken Albrink
Promoting Resilience For Children And Families With Adverse Childhood Experiences, Laken Albrink
Law Faculty Popular Media
No abstract provided.
Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack
Unfit To Parent: American And Jewish Legal Perspectives, Michoel Zylberman, Karen K. Greenberg, Daniel Pollack
Touro Law Review
No abstract provided.
Parens Patriae And Parental Rights: When Should The State Override Parental Medical Decisions?, Elchanan G. Stern
Parens Patriae And Parental Rights: When Should The State Override Parental Medical Decisions?, Elchanan G. Stern
Journal of Law and Health
Alfie Evans was a terminally ill British child whose parents, clinging to hope, were desperately trying to save his life. Hospital authorities disagreed and petitioned the court to enjoin the parents from removing him and taking him elsewhere for treatment. The court stepped in and compelled the hospital to discontinue life support and claimed that further treatment was not in the child’s best interest. This note discusses the heartbreaking stories of Alfie and two other children whose parents’ medical decisions on their behalf were overridden by the court. It argues that courts should never decide that death is in a …
Religious Issues In Child Welfare Cases, Rebecca Stahl
Religious Issues In Child Welfare Cases, Rebecca Stahl
All Faculty Scholarship
No abstract provided.
Parents’ Perceptions Of The Lancaster Family Treatment Drug Court, Leah Engquist, Melanie Fessinger, Katherine Hazen
Parents’ Perceptions Of The Lancaster Family Treatment Drug Court, Leah Engquist, Melanie Fessinger, Katherine Hazen
UCARE Research Products
Juvenile dependency courts deal with cases that have allegations of child abuse or neglect by a parent or guardian. Lancaster's Family Treatment Drug Court (FTDC) is a problem-solving court that deals with cases of child abuse or neglect related to substance abuse. Parents on this track receive monthly team meetings, specialized services, and corrective measures. The research question of this evaluation was: "Do parents on the Family Treatment Drug Court perceive the court process more positively than parents who are not on the track (control)?" 144 parents completed an 11 item survey following their court hearings. Overall, both FTDC and …
Redefining The Standard: Who Can Be A Person Legally Responsible For The Care Of A Child Under The Family Court Act?, Alexsis Gordon
Redefining The Standard: Who Can Be A Person Legally Responsible For The Care Of A Child Under The Family Court Act?, Alexsis Gordon
Touro Law Review
No abstract provided.
Manuela H. V. The Eight Judicial District Court Of Nevada, In And For The County Of Clark; And The Honorable Robert Teuton And The State Of Nevada, 132 Nev., Adv. Op. 1 (Jan 7, 2016), Audra Powell
Nevada Supreme Court Summaries
The court held that in an abuse and neglect case, when the district court establishes a case plan which includes an action step not related to a specific allegation in the abuse and neglect petition, the court must make “specific factual findings that justify the action step with which the parent must comply.” In the present case, the district court did not make such findings as to its requirement that petitioner, Manuela H., submit to drug testing, thus the supreme court granted her petition for a writ of mandamus challenging the district court’s order.
How Child Abuse Hotlines Hurt The Very Children They’Re Trying To Protect, Dale Margolin Cecka
How Child Abuse Hotlines Hurt The Very Children They’Re Trying To Protect, Dale Margolin Cecka
Law Faculty Publications
The recent media obsession with “free range” parenting has illuminated a policy issue which rarely affects parents who debate free range parenting: the exploitation of child abuse reporting hotlines.
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
The Child Client: Representing Children In Child Protective Proceedings, Merril Sobie
Touro Law Review
No abstract provided.
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
History Repeats Itself: Parallels Between Current-Day Threats To Immigrant Parental Rights And Native American Parental Rights In The Twentieth Century, Vinita B. Andrapalliyal
University of Massachusetts Law Review
Immigrant parents are currently burdened with unique risks to their parental rights, risks that bear little relation to their ability to care for their children. Recent developments in family and immigration law, historical cultural prejudices against non-Western parenting traditions, and poor immigrants’ limited access to the U.S. legal system are largely to blame. This Note explores the inadequacies in our legal system contributing to the struggles of immigrant parents to maintain family unity and connects the current situation to the disproportionate number of terminations of parental rights within the Native American community in the mid-twentieth century. It suggests that a …
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Abolish Anonymous Reporting To Child Abuse Hotlines, Dale Margolin Cecka
Law Faculty Publications
Part I of this Article traces the history of child abuse reporting hotlines. Part II describes the current law and practice behind child abuse reporting hotlines. Part III examines why anonymous reporting by the public is unnecessary and highly susceptible to abuse. Part IV analyzes the constitutional rights at stake in anonymous reporting, citing federal case law that contradicts current practice. Part V concludes with a proposal to abolish anonymous reporting and require all public reporting hotlines to adhere to published, written policies.
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
The Best Interest Of The Child And The Law , Christian Reichel Van Deusen
Pepperdine Law Review
No abstract provided.
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
A Constitutional Right To Safe Foster Care - Time For The Supreme Court To Pay Its I.O.U., Daniel L. Skoler
Pepperdine Law Review
No abstract provided.
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Allocating The Costs Of Parental Free Exercise: Striking A New Balance Between Sincere Religious Belief And A Child's Right To Medical Treatment , Paul A. Monopoli
Pepperdine Law Review
No abstract provided.
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff
Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff
Pepperdine Law Review
No abstract provided.
How Can The Existing Legal Framework With Regard To The Maintenance Of Parents And Protection For The Elderly From Neglect And Abuse Be Reformed?, Jonathan Chen Yeen Muk, Gek Min Yeo
How Can The Existing Legal Framework With Regard To The Maintenance Of Parents And Protection For The Elderly From Neglect And Abuse Be Reformed?, Jonathan Chen Yeen Muk, Gek Min Yeo
Jonathan Muk
This article examines the existing problems with laws relating to elderly neglect, abuse and maintenance. Suggestions are then made as to how laws can be improved so that the welfare of the elderly can be better taken care of.
Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Jaros
Unfettered Discretion: Criminal Orders Of Protection And Their Impact On Parent Defendants, David Jaros
All Faculty Scholarship
The last two decades have witnessed an astonishing increase in the use of the criminal justice system to police neglectful parents. Recasting traditional allegations of neglect as criminal charges of endangering the welfare of a child, prosecutors and the police have involved criminal courts in the regulation of aspects of the parent child relationship that were once the sole province of family courts. This Article explores the legal implications of vesting judges in these cases with the unfettered discretion to issue protective orders that criminalize contact between a parent and her child. I argue that procedures for issuing protective orders …
Providing Interdisciplinary Services To At-Risk Families To Prevent The Placement Of Children In Foster Care, Deborah J. Weimer
Providing Interdisciplinary Services To At-Risk Families To Prevent The Placement Of Children In Foster Care, Deborah J. Weimer
Faculty Scholarship
Grandparents need support to take on the responsibility of children whose parents cannot care for them due to drug addiction, mental health issues, HIV illness, or other health problems. Without support and assistance, these families and children are likely to end up enmeshed in the already overburdened child abuse and neglect system. The University of Maryland has created a model program providing social work and legal services to at-risk grandparent families to help avoid the unnecessary placement of these chldren in foster care. In this new program, student attorneys and student social workers worked witn the grandparent client to help …
Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan
Raising The Cut-Off: The Empirical Case For Extending Adoption And Guardianship Subsidies From Age 18 To 21, Josh Gupta-Kagan
Faculty Publications
No abstract provided.
Oklahoma's Parentless Child: Determining The Best Interests Of The Child By Making Multilateral Adoption Decisions, Cara Rodriguez
Oklahoma's Parentless Child: Determining The Best Interests Of The Child By Making Multilateral Adoption Decisions, Cara Rodriguez
Oklahoma Law Review
No abstract provided.
Are We Protecting The Wrong Rights?, Jennifer L. Saulino
Are We Protecting The Wrong Rights?, Jennifer L. Saulino
Michigan Law Review
Elizabeth Bartholet, in her book Nobody's Children, takes a strong step toward beginning a new kind of dialogue about abused and neglected children. She positions herself as a liberal who has come to terms with the fact that traditional liberal ideals are in conflict with the needs of abused and neglected children (p. 5). In doing so, she tries to convince her readers that, regardless of ideology, we all should have a different focus in the area of child abuse and neglect law. She uses Sabrina as one of several examples of how programs for abused and neglected children that …
Adjourning Justice: New York State's Failure To Support Assigned Counsel Violates The Rights Of Families In Child Abuse And Neglect Proceedings, Sheri Bonstelle, Christine Schessler
Adjourning Justice: New York State's Failure To Support Assigned Counsel Violates The Rights Of Families In Child Abuse And Neglect Proceedings, Sheri Bonstelle, Christine Schessler
Fordham Urban Law Journal
This Comment evaluates New York City’s framework for assigning counsel to Family Court litigants, known as the 18-B system. Recognizing the lack of government support for 18-B attorneys, the author examines existing proposals to alter the Family Court system, and suggests a plan of action for a legislative task force. The Comment outlines the evolution of the assigned counsel system in New York and the history of child welfare policy, and discusses the roles of the Family Court attorneys, judges, and the legislature in maintaining adequate representation for parents. Next, the author examines the aspects of the Family Court and …
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Charging Battered Mothers With "Failure To Protect": Still Blaming The Victim
Fordham Urban Law Journal
Domestic violence harms children and families. In the past several years, efforts to recognize this harm have led to the passage of new state laws that allow for concurrent criminal and family court jurisdiction in domestic violence cases, mandate arrest in domestic violence situations and require courts to consider domestic violence as a factor in custody decisions. Unfortunately, the heightened awareness of the harm domestic violence causes children has also resulted in a punitive policy towards battered women in the child welfare system. Increasingly in New York City, abuse and neglect proceedings are brought against battered mothers. Their children are …
Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast
All Faculty Scholarship
This Article begins by exploring and documenting the connections between domestic violence, substance abuse, and child abuse. Part II of the Article examines the legal system's response to child protection cases in which maternal abuse and, in some cases, substance abuse are present. This section begins by describing the shifting theories underlying child welfare in this country. It then contrasts these theories with child welfare practice by reporting the results of a study of eighty-five Child in Need of Assistance (CINA) cases in four jurisdictions in Maryland. Although the study examines a limited sample, the cases examined confirm the strong …
Development And Expansion Of New York's Permanent Neglect Statute, Joseph R. Carrieri
Development And Expansion Of New York's Permanent Neglect Statute, Joseph R. Carrieri
Fordham Urban Law Journal
Since the early 1970s the well-being of foster children has been the subject of increased attention. Legislation has advanced the protection of the foster child, while the courts have begun to emphasize the child's best interests in determining whether parental rights to custody should be terminated and the child freed for adoption. Early decisions had stressed the rights of the natural parents, often to the exclusion of the child's welfare. Recent legislation and judicial decisions indicate that parental rights will be terminated where the best interests of the child so require. Recent decisions and statutes have clarified the rights of …
Buck: Children For Adoption, Sanford N. Katz
Buck: Children For Adoption, Sanford N. Katz
Michigan Law Review
A Review of Children for Adoption by Pearl Buck