Family Law Commons^™

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

Pepperdine Law Review

No abstract provided.

Best Interests Of The Child: By Whose Definition? , Harvey R. Sorkow

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

Pepperdine Law Review

No abstract provided.

The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson

Pepperdine Law Review

No abstract provided.

Medical Evidence In Cases Of Intrauterine Drug And Alcohol Exposure , Judith Larsen, Robert M. Horowitz, Ira J. Chasnoff

Pepperdine Law Review

No abstract provided.

The Los Angeles County Children's Court: A Model Facility For Child Abuse And Neglect Proceedings, Paul Boland

Pepperdine Law Review

No abstract provided.

Panelist, Stop The Pipeline To Prison: Create Educational Opportunities, Jobs And Wealth, Francine Sherman

Francine T. Sherman

No abstract provided.

Fair Play Or A Stacked Deck?: In Search Of A Proper Standard Of Proof In Juvenile Dependency Hearings, Linda Lee Reimer Stevenson

Pepperdine Law Review

No abstract provided.

Disentangling Symmetries: Speech, Association, Parenthood, Laurence H. Tribe

Pepperdine Law Review

No abstract provided.

Juvenile Delinquency: An Investigation Of Risk Factors And Solutions., Lauren Cardoso

Pell Scholars and Senior Theses

This article proposes that educational and community based programs can help juveniles stay away from crime and prevent recidivism. A presentation of federal and state statistics, along with an analysis of the risk factors for delinquency, will be provided in order to illustrate the important areas that should be addressed in successful programs. Testimonies, including personal interviews with those who have experience working at the RI Training School, DCYF, Boys' Town, Child and Family Services will be shared as evidence of the research found. Finally, recommendations based on the findings will be proposed.

Justice For Girls: Are We Making Progress?, Francine Sherman

Francine T. Sherman

Over the course of more than a century, structural gender bias has been a remarkably durable feature of United States juvenile justice systems. Consequently, as these systems have developed over the years, reducing gender bias and addressing girls in helpful, rather than harmful, ways has required specific and concerted efforts on the part of federal and state governments. Currently, there are a number of positive trends in juvenile justice, including policy and practice that is increasingly developmentally centered and data-driven. The question for those focused on girls in the juvenile justice system is how to ensure that girls are the …

2012 Maine Child Support Guidelines: Review And Recommendations, Sally Ward Mppm, Janice Daley Msw, Barbara Fraumeni Phd, George Shaler Mph, Eileen Griffin Jd, Melanie Knox Ba, Laurie Hallett, Louis Mandeville Ms

Children, Youth, & Families

This report summarizes the quadrennial review of Maine's child support guidelines conducted by the USM Muskie School , which complies with federal law requiring each state's child support guidelines be reviewed at least once every four years. Principle findings of the extensive review by the Muskie School show that many aspects of Maine's child support system work well. Maine's low deviation rate reflects a reasonably high level of consistency in apply the guidelines, and in large part, protect the needs and interests of the children. The report provides background and overview of child support modes and the Maine guidelines, and …

Advisory Board Member, Francine Sherman

Francine T. Sherman

No abstract provided.

The Metamorphosis Of Marriage And Adoption, Sanford N. Katz, Daniel R. Katz

Sanford N. Katz

No abstract provided.

A Tale Of Three Families: Historical Households, Earned Belonging, And Natural Connections, Allison Anna Tait

Allison Anna Tait

Cases targeting family regulation in the 1970s turned, for the first time, on three contrasting and sometimes competing theories of the family: historical households, earned belonging, and natural connections. This Article introduces and defines these three theories and offers a descriptive account of how the theories were used by litigants and the Supreme Court alike to measure discrimination, evaluate the rights of individual family members, and, often, increase household equality. The theory of historical households, developed with great success by Ruth Bader Ginsburg, invoked a Blackstonian family defined by gender hierarchy and the law of coverture, and posited that this …

Visiting Lecturer, Francine Sherman

Francine T. Sherman

No abstract provided.

The Kids Aren't Alright: Every Child Should Have An Attorney In Child Welfare Proceedings In Florida, Michael J. Dale, Louis M. Reidenberg

Faculty Scholarship

This article is a continuation of a discussion as to why, as a matter of Florida constitutional law, public policy, and professional ethics, Florida's children need independent attorneys from the inception of all dependency and termination of parental rights cases to their completion. It is based upon events which have occurred since the authors' last article on this topic in the Nova Law Review, including the Barahona case, the resolution by the American Bar Association (ABA) in August 2011 at its Annual Convention in Toronto adopting the ABA Model Act Governing the Representation of Children in Abuse, Neglect, and Dependency …

Purpose Vs. Power: Parens Patriae And Agency Self-Interest, Daniel L. Hatcher

All Faculty Scholarship

The purpose of human service agencies to serve vulnerable populations such as abused and neglected children derives from the common law doctrine of parens patriae, embodying the inherent role of the state as parent of the country. However, along with this foundational purpose, the parens patriae doctrine also provides power that is illusive to public knowledge and oversight. To maintain their cloak of power, the very agencies created to fulfill the parens patriae obligations — to protect the rights of children — have systematically battled the children’s efforts to claim those rights as their own. Also, the agencies have now …

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 …

On The Child's Need To Be One's Self, Ya'ir Ronen

Brigham Young University Journal of Public Law

No abstract provided.

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.

The Historical, Jurisprudential, And Empirical Wisdom Of Parental Responsibility Laws, Eve M. Brank, Leroy Scott

Department of Psychology: Faculty Publications

The parent-child relationship is woven deep within historical and contemporary culture, but strong retributive ideals have led to blaming parents because of their presumed vicarious role in juvenile crime. The current article will discuss the history, forms, legal challenges, and empirical research related to parental involvement laws in the United States. The parent-child relationship provides the historical framework behind the separate juvenile justice parens patriae system; however, with the juvenile justice system not as successful as originally imagined, blame has shifted to the parents. We examine the potential constitutional implications of enacting and enforcing parental involvement statutes and ordinances and …

Testimony, Institute Of Medicine Workshops: Commercial Sexual Exploitation Of Children/Sex Trafficking, Francine Sherman

Francine T. Sherman

No abstract provided.

Moderator And Speaker, The Legal Lives Of Girls, Francine Sherman

Francine T. Sherman

No abstract provided.

Symposium Speaker, Overpoliced And Underprotected: Women, Race And Criminalization, Francine Sherman

Francine T. Sherman

No abstract provided.

Foreword, Francine T. Sherman, William Talley Jr

Francine T. Sherman

No abstract provided.

Best Outcomes For Indian Children, Loa L. Porter, Patina Park Zink, Angela R. Gebhardt, Mark Ells, Michelle Graef

Center on Children, Families, and the Law: Faculty Publications

The Wisconsin Department of Children and Families and the Midwest Child Welfare Implementation Center are collaborating with Wisconsin's tribes and county child welfare agencies to improve outcomes for Indian children by systemically implementing the Wisconsin Indian Child Welfare Act (WICWA).This groundbreaking coUaboration wiU increase practitioners' understanding ofthe requirements of WICWA and the need for those requirements, enhance communication and coordination between all stakeholders responsible for the welfare of Indian children in Wisconsin; it is designed to effect the systemic integration of the philosophical underpinnings of WICWA.

In December 2009, Governor James Doyle signed the Wisconsin Indian Child Welfare Act, signaling …

American Indian Women And Sexual Assault: Challenges And New Opportunities, Angela R. Gebhardt, Jane D. Woody

Center on Children, Families, and the Law: Faculty Publications

This article informs social workers about sexual violence against American Indian and Alaskan Native (AI/AN) women and the policy reforms in the 2010 Tribal Law and Order Act (TLOA). It describes the unmet needs of AI/AN survivors, reviews the TLOA reforms on sexual assault in relation to social work and public health principles, discusses the complementary roles for social workers and public health practitioners in reform efforts, and offers guidance for professional participation that emphasizes tribal sovereignty, indigenous capacity, and cultural competence.

Don't Forget Dad: Addressing Women's Poverty By Rethinking Forced And Outdated Child Support Policies, Daniel L. Hatcher

All Faculty Scholarship

In the dialogues regarding reducing poverty among women, especially mothers, the inextricably linked issues surrounding low-income men must be simultaneously considered. In social policy addressing women’s poverty, poor fathers have too often been considered primarily as an enemy to be pursued rather than a fellow victim of poverty’s wrath, and potential partner towards the cure. We want someone to blame, and many assume that poor single mothers are best served by always being encouraged — and even forced — to pursue the noncustodial fathers for financial support through adversarial means. Mothers applying for public assistance are forced to sue the …