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Full-Text Articles in Family Law

Legal Representation Of Parents In Child Dependency Cases In Virginia, Eric J. Reynolds Dec 2023

Legal Representation Of Parents In Child Dependency Cases In Virginia, Eric J. Reynolds

University of Richmond Law Review

Virginia’s current system of providing court-appointed legal counsel for parents involved in child dependency cases is unsustainable and inadequate, requiring swift and dramatic action from the state government. Inadequate legal representation for parents often leads to poor outcomes for children and a lack of protections for the parents’ due process rights. While attempts to improve the system have been made in recent years, they are often quickly dismissed. The largest hindrances in the current system, this Article suggests, is that court-appointed attorneys for parents are typically underpaid, undertrained, and consequently unable to meaningfully advocate for their client. Due to the …


Disrupting The School-To-Prison Pipeline: Reforming The Role Of The School Resource Officer, Olivia Seksinsky Apr 2022

Disrupting The School-To-Prison Pipeline: Reforming The Role Of The School Resource Officer, Olivia Seksinsky

Richmond Public Interest Law Review

A School Resource Officer (“SRO”) is a law enforcement officer employed

by local law enforcement agencies to provide security to public schools. As

a result of fatal and highly publicized school shootings such as Columbine

and Parkland, SROs have become a fixed aspect of many school communities.

There are tens of thousands of SROs patrolling the halls of Virginia’s

public elementary and secondary schools every year. Despite their intended

purpose to keep students safe and prevent crime, SROs too often contribute

to the school-to-prison pipeline. When SROs are brought into the classroom

to address “disruptive” behaviors, students are at an …


Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka Jan 2017

Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka

Law Faculty Publications

"The appellate courts of this Commonwealth are not unlit rooms where attorneys may wander blindly about, hoping to stumble upon a reversible error."

These words of Judge Humphreys, denying a 2016 child custody appeal, are cogent. Yet four months later, in another appeal, Judge Humphreys joined a unanimous decision overturning a common provision in a custody order. In Bonhotel v. Watts, the Court of Appeals of Virginia held that judges cannot delegate judicial decision making power in child custody cases to outside professionals. This sounds obvious, but such delegation is actually ordered all the time. In final orders, Virginia's trial …


Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, The Honorable Christopher K. Peace, Amy L. Woolard Jan 2015

Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, The Honorable Christopher K. Peace, Amy L. Woolard

Richmond Journal of Law and the Public Interest

In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.


Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, Christopher K. Peace, Jay Leftwich Jan 2015

Recent Children's Policy And Legislative Developments In Virginia: A Brief History, A Bright Future, Christopher K. Peace, Jay Leftwich

Richmond Public Interest Law Review

In this piece, we will outline the structural and policy developments implemented in Virginia in recent years that set the stage for a sea change in children’s services in Virginia.


Every Adolescent Deserves A Parent, Dale Margolin Cecka Apr 2012

Every Adolescent Deserves A Parent, Dale Margolin Cecka

Law Faculty Publications

This article argues that all adolescents, indeed all human beings, deserve at least one parent—one person who takes the good with the bad because that person’s life is intertwined with the child’s. The child matters to the parent in a way that a friend, nephew, or foster child may not. Child welfare professionals must never lose sight of this principle when they recruit, train, and maintain parents for adolescents. The parent can be someone who is already in the young person’s life or someone who has been unable to parent in the past, but is now ready to secure that …


Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka Mar 2012

Spoliation In Child Welfare: Perspectives And Solutions, Dale Margolin Cecka

Law Faculty Publications

Author examines spoliation in child welfare litigation and provides ideas for preserving evidence and improvement record-keeping.


Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden Nov 2011

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden

University of Richmond Law Review

No abstract provided.


Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle Oct 2010

Towards A New Lens Of Analysis: The History And Future Of Religioius Exemptions To Child Neglect Statutes, Gregory Engle

Law Student Publications

In order to analyze the religious exemptions, this paper will begin with their history. Part II looks at the Child Abuse Prevention and Treatment Act of 1974 (CAPTA) the statute that precipitated their spread, as well as the justifications that it was bolstered upon: Free Exercise of religion and parental rights. The Equal Protection critique follows as Part III, followed by Part IV that discusses the traditional critique, grounded in the Establishment Clause. In Part V, the article will finish with an explanation of why the Equal Protection critique is a much stronger criticism.


A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block Nov 2009

A Look Back And A Look Forward: Legislative And Regulatory Highlights For 2008 And 2009 And A Discussion Of Juvenile Transfer, Andrew K. Block

University of Richmond Law Review

No abstract provided.


Clients Aging Out Of Care, Dale Margolin Cecka Jan 2009

Clients Aging Out Of Care, Dale Margolin Cecka

Law Faculty Publications

Youth aging out of foster care face an arduous road. Lawyers for foster youth must help to assure their safe and stable exit from the system and a comfortable transition into the next stage of their lives. Lawyers cannot rely on social service agencies and caseworkers to handle the myriad of issues that youth encounter, and many require court orders or other legal measures.


Family And Juvenile Law, Lynne Marie Kohn Nov 2007

Family And Juvenile Law, Lynne Marie Kohn

University of Richmond Law Review

No abstract provided.


Family And Juvenile Law, Robert E. Shepherd Jr. Nov 2006

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Family And Juvenile Law, Robert E. Shepherd Jr. Nov 2004

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Family Law, Elizabeth P. Coughter, Ronald R. Tweel Nov 2002

Family Law, Elizabeth P. Coughter, Ronald R. Tweel

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 2001

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1999

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1998

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1996

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1995

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1989

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton Jan 1979

The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton

University of Richmond Law Review

Since 1899, the year in which the state of Illinois established a separate statutory framework for addressing the problems of children before the courts, the juvenile justice system has been struggling to establish its identity in the jurisprudence of the United States. The juvenile court laws of this country, including those of the Commonwealth of Virginia, have historically been based on the doctrine of "parens patriae", which is formally defined as the "sovereign power of guardianship over persons under disability."' According to this doctrine, the state, through the court system, can be trusted to fulfill its obligation with respect to …


Children And The Law - Foreword, Birch Bayh Jan 1979

Children And The Law - Foreword, Birch Bayh

University of Richmond Law Review

As a parent, legislator, and former Chairman of the United States Senate Judiciary Subcommittee to Investigate Juvenile Delinquency, the problems of the youth of our nation are very close to my heart. I think that raising a young person is one of the most difficult and important challenges that a person can ever face. Our collective success or failure in raising young people actually determines the future of the country. Happy, secure and well-educated youth will be effective, productive and useful citizens. Young people who have been beaten, starved, or deprived of love have accounted for the major portion of …