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- Child welfare (4)
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- Francine T. Sherman (6)
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- University of Pennsylvania Journal of Law and Social Change (1)
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Articles 1 - 30 of 30
Full-Text Articles in Family Law
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
University of Richmond Law Review
No abstract provided.
Moderator, Questions Of Social Justice, Francine Sherman
Moderator, Questions Of Social Justice, Francine Sherman
Francine T. Sherman
No abstract provided.
Featured Speaker, The Legal Lives Of Girls, Francine Sherman
Featured Speaker, The Legal Lives Of Girls, Francine Sherman
Francine T. Sherman
No abstract provided.
Representing Children On Appeal: Changed Circumstances, Changed Minds, Judith Waksberg
Representing Children On Appeal: Changed Circumstances, Changed Minds, Judith Waksberg
The Journal of Appellate Practice and Process
No abstract provided.
2011 Survey Of Juvenile Law, Michael J. Dale
2011 Survey Of Juvenile Law, Michael J. Dale
Faculty Scholarship
Atypically, the Supreme Court of Florida was not active during the past year, deciding no cases in the juvenile law field. On the other hand, the intermediate appellate courts were active both in the delinquency area and in the dependency field. As in the past, decisions in the delinquency area involving generic issues of criminal procedure not unique to juvenile delinquency are not covered in this article.
The Removability Of Non-Citizen Parents And The Best Interests Of Citizen Children: How To Balance Competing Imperatives In The Context Of Removal Proceedings?, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
The massive influx of illegal immigrants over the preceding decades has combined with the United States’ jus soli citizenship regime to produce a growing class of removable aliens: non-citizen parents of United States citizen children. The removability of parents obviously places the citizen children in the unfortunate position of having to leave their country of citizenship behind to accompany the parents, or arrange for living situations within the United States, perhaps with a relative, but be separated from their parents. The compelling interests raised by the removability of parents in such circumstances have given rise to distinct forms of relief …
Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen
Holding Schools Accountable For Their Sex-Ed Curricula, Rena M. Lindevaldsen
Faculty Publications and Presentations
This article examines the legal and policy implications that arise when a school district decides to instruct students on issues concerning same-sex attractions. As more states afford legal recognition to same-sex relationships and adopt non-discrimination codes that include sexual orientation, schools are faced with the decision of what, when, and how to teach children about same-sex attractions. Providing instruction on this divisive issue is fraught with conflict as views and beliefs on the topic are deeply-held, diverse, and often politically charged. In disputes concerning other sensitive topics, courts long have afforded schools broad discretion to implement curriculum without interference from …
Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy
Members Only: The Need For Reform In U.S. Intercountry Adoption Policy, Colin Joseph Troy
Seattle University Law Review
In the last five years, Americans have adopted nearly seventy thousand children from foreign countries. The trend of intercountry adoption, “the process by which a married couple or single individual of one country adopts a child from another country,” is representative of the new globalized world, where families are formed and dissolved beyond the bounds of national borders. Although intercountry adoption has enabled many adoptive parents to form loving families and provide caring living environments for countless children, intercountry adoption is not without its share of problems. Corruption and abuse, such as child trafficking, have in many cases marred the …
Juvenile And Family Violence Issues, April Meldrum
Juvenile And Family Violence Issues, April Meldrum
April Carroll Meldrum
No abstract provided.
Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale
Providing Attorneys For Children In Dependency And Termination Of Parental Rights Proceedings In Florida: The Issue Updated, Michael J. Dale
Faculty Scholarship
Florida's system for providing protection and safety to children in the State's child welfare system has changed over the past decade. Regretfully, the changes do not appear to have had a significant impact in two areas: increasing the safety and protection of children in the system' and providing children with independent attorneys to advocate on their behalf. Investigations, lawsuits, grand juries, amendments to court rules, and newspaper articles continue to demonstrate the myriad failures in the Florida system. Two notorious examples hi-lite the shortcomings: the cases of the foster child, Rilya Wilson, who disappeared in 2001, and Gabriel Myers, who …
International Child Abduction And Children's Rights: Two Means To The Same End, Eran Sthoeger
International Child Abduction And Children's Rights: Two Means To The Same End, Eran Sthoeger
Michigan Journal of International Law
The Hague Convention aims to deter future abductors and demonstrate mutual respect for the laws of its member states, while presumably serving the best interests of the child. It operates as a jurisdictional mechanism by reinstating the status quo prior to the removal through the prompt return of the child to his or her place of habitual residence. This return, as clearly stated in the Hague Convention itself, bears no effect on the merits of any existing or future custody dispute between the parents. The Hague Convention demands that contracting states respect past or future decisions pertaining to custody decided …
Where (In The World) Do Children Belong?, Annette Laquer Estin
Where (In The World) Do Children Belong?, Annette Laquer Estin
Brigham Young University Journal of Public Law
No abstract provided.
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
A Child's Perspective Of Defining A Parent: The Case For Intended Parenthood, Linda D. Elrod
Brigham Young University Journal of Public Law
No abstract provided.
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
El Derecho De Sucesiones Se Debe Atemperar A Los Cambios De La Sociedad Del Siglo Xxi, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Children's Oppression, Rights And Liberation, Samantha Godwin
Children's Oppression, Rights And Liberation, Samantha Godwin
Samantha Godwin
This paper advances a radical and controversial analysis of the legal status of children. I argue that the denial of equal rights and equal protection to children under the law is inconsistent with liberal and progressive beliefs about social justice and fairness. In order to do this I first situate children’s legal and social status in its historical context, examining popular assumptions about children and their rights, and expose the false necessity of children’s current legal status. I then offer a philosophical analysis for why children’s present subordination is unjust, and an explanation of how society could be sensibly and …
Child Friendly Legal Aid In Africa, Diane C. Geraghty, Thomas F. Geraghty
Child Friendly Legal Aid In Africa, Diane C. Geraghty, Thomas F. Geraghty
Faculty Publications & Other Works
No abstract provided.
Masthead, Editors
Masthead, Editors
University of Pennsylvania Journal of Law and Social Change
No abstract provided.
Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis
Three Lies And A Truth: Adjudicating Maternity In Surrogacy Disputes, Browne C. Lewis
Law Faculty Articles and Essays
Historically, courts were called on to answer the following question: What makes a man a legal father? Courts applied different presumptions to arrive at the answer. For example, if the case involved a married couple, the woman's husband was presumed to be the legal father.1 In situations involving an unmarried woman, the man who helped to conceive the child was the legal father. While paternity was being litigated, maternity was resolved-the woman who gave birth to the child was the child's legal mother. The phrase “momma's baby, papa's maybe” reflected society's attitude towards maternity. Since the woman who gave birth …
Give Peace A Chance: A Guide To Mediating Child Welfare Cases, Jennifer Baum
Give Peace A Chance: A Guide To Mediating Child Welfare Cases, Jennifer Baum
Faculty Publications
(Excerpt)
Would you like to speed up your cases, achieve more satisfying results for your clients, and cut back on needlessly polarizing motion practice? Since its introduction in the 1980s, child welfare mediation has helped attorneys do just that by facilitating resolutions in child protective disputes more quickly, less contentiously, and with more acceptance from stakeholders than its courtroom alternative, adversarial litigation.
If you've handled dependency cases for any length of time, you are already familiar with the crushing caseloads, emotional volatility, and high-stakes decision-making that are the hallmarks of child welfare litigation. In a growing number of jurisdictions, attorneys …
No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran
No Harm, No Foul? Why Harmless Error Analysis Should Not Be Used To Review Wrongful Denials Of Counsel To Parents In Child Welfare Cases, Vivek Sankaran
Articles
The application of a harmless error standard by appellate courts reviewing erroneous denials of counsel in child protective cases undermines a critical procedural right that safeguards the interests of parents and children. Case law reveals that trial courts, on numerous occasions, improperly reject valid requests for counsel, forcing parents to navigate the child welfare system without an advocate. Appellate courts excuse these violations by speculating that the denials caused no significant harm to the parents, which is a conclusion that a court can never reach with any certainty. The only appropriate remedy for this significant problem is a bright-line rule …
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter
More Therapeutic, Less Collaborative? Asserting The Psychotherapist-Patient Privilege On Behalf Of Mature Minors, Bernard P. Perlmutter
Articles
No abstract provided.
Preventing The Unnecessary Entry Of Children Into Foster Care, Vivek Sankaran
Preventing The Unnecessary Entry Of Children Into Foster Care, Vivek Sankaran
Articles
A young mother of three endures abuse at the hands of the children's father. Her children repeatedly witness the violence in their home and describe it to a school teacher, who in turn places a call to Child Protective Services (CPS). A CPS investigator arrives at the home the next morning with a plethora of questions for the mother and her children. Have the children been hit? Did they observe the beatings? What steps has their mother taken to protect them? An adversarial conversation ensues. Unsatisfactory answers may lead to tragic consequences-the removal of the children from their home.
The System Response To The Commercial Sexual Exploitation Of Girls, Francine Sherman, Lisa Grace
The System Response To The Commercial Sexual Exploitation Of Girls, Francine Sherman, Lisa Grace
Francine T. Sherman
This chapter, which is written from the perspectives of law, public health, and social work, examines the system’s response to the commercial sexual exploitation of children (CSEC), focusing on girls. It describes the issue and then examine the range of international, federal, state, and local laws and policies, aimed at aiding and enhancing prosecution of perpetrators of CSEC (i.e., pimps, johns), and at providing protection and services to its victims. The chapter argues that, as state and local authorities implement practice and policy for this population, the two central goals—law enforcement and victim protection—may conflict, creating practices that serve neither …
Children's Rights And Relationships: A Legal Framework, Francine Sherman, Hon. Jay Blitzman
Children's Rights And Relationships: A Legal Framework, Francine Sherman, Hon. Jay Blitzman
Francine T. Sherman
This chapter provides an overview of United States children’s law, framed both in terms of autonomy-based and needs-based rights, and by the legal dynamic among child, parent, and state. The chapter highlights the law of juvenile justice and child welfare systems, and also examines law relevant to education and health care, two central institutions for children. The chapter proceeds ecologically, acknowledging that children’s lives, including their legal lives, are related to their families, communities, and the social institutions surrounding them. As such the chapter provides a readable introduction to children’s relationship with the law for both lawyers and non-lawyers.
Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo
Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo
Paulo Barrozo
Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.After the Introduction, Part …
The Role Of Gender In Youth Systems: Grace's Story, Francine Sherman, Jessica Greenstone
The Role Of Gender In Youth Systems: Grace's Story, Francine Sherman, Jessica Greenstone
Francine T. Sherman
This chapter —written from a legal and developmental perspective —describes the experiences of ‘‘Grace,’’ a teenage girl involved with multiple public systems, including juvenile justice. Through detailed analysis of primary interview data with Grace and others responsible for her care and supervision, and of court case material. The chapter sheds light on how Grace’s actions were interpreted and the responses they evoked. The case study includes recommendations for implementing gender-responsive principles across these systems.
Juvenile Justice: Advancing Research, Policy, And Practice, Francine Sherman, Francine Jacobs
Juvenile Justice: Advancing Research, Policy, And Practice, Francine Sherman, Francine Jacobs
Francine T. Sherman
This accessible, edited volume reflects the multiplisciplinary, multisectoral nature of juvenile justice, including chapters by leaders in the fields of child development, law, public health, education, advocacy, and public administration. The voices of scholars, parents, administrators, and youth are woven into its fabric; it offers several complementary theoretical lenses through which to understand the behavior of youth involved with the juvenile justice system, and provides a range of promising and proven practical approaches to juvenile justice policy, programming, and evaluation.
The book is organized ecologically into four sections: Framing the Issues, Understanding Individual Youth, Understanding Youth in Context, and Working …
Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace
Judging Parents, Judging Place: Termination Of Parental Rights In Rural America, Lisa R. Pruitt, Janet L. Wallace
Lisa R Pruitt
Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.
Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not …
Judging Parents, Judging Place: Poverty, Rurality And Termination Of Parental Rights, Lisa R. Pruitt, Janet L. Wallace
Judging Parents, Judging Place: Poverty, Rurality And Termination Of Parental Rights, Lisa R. Pruitt, Janet L. Wallace
Lisa R Pruitt
Parents are constantly judged, by fellow parents and by wider society. But the consequences of judging parents sometimes extend beyond community reputation and social status. When law and legal institutions get involved, such judgments may result in the termination of parental rights. In these legal contexts, parents’ merits as parents are typically assessed in relation to a wide array of their decisions and actions, including where they live.
Among those judged harshly in relation to geography are impoverished parents who live in rural places. Yet judgments of these parents are particularly unfair in that poor rural parents often do not …
Socialtjänst Och E-Förvaltning. E-Tjänster För Äldre Och Personer Med Funktionshinder, Titti Mattsson
Socialtjänst Och E-Förvaltning. E-Tjänster För Äldre Och Personer Med Funktionshinder, Titti Mattsson
Titti Mattsson
No abstract provided.