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Full-Text Articles in Family Law
Is Twenty-Two Months Beyond The Best Interest Of The Child? Asfa's Guidelines For The Termination Of Parental Rights, Katherine A. Hort
Is Twenty-Two Months Beyond The Best Interest Of The Child? Asfa's Guidelines For The Termination Of Parental Rights, Katherine A. Hort
Fordham Urban Law Journal
This Note first discusses the legal precedents, child development theories, and policies regarding "reasonable efforts" and parental termination that led to the enactment of ASFA. Next, it examines Illinois's and New York's different responses to ASFA. It also introduces the debate over "congregate care" as an alternative for those children who may never be returned to a parent's care, but whom are unlikely to be adopted. Lastly, it argues that the New York system is more workable than the Illinois system given the complexities of the foster care system. This Note concludes by arguing the federal government's rigid time frame …
Protecting The Parental Rights Of Incarcerated Mothers Whose Children Are In Foster Care: Proposed Changes To New York's Terminaton Of Parental Rights Law, Philip M. Genty
Fordham Urban Law Journal
This Article examines the parental rights of incarcerated mothers under New York's foster care and termination of parental rights laws. It describes the foster care system in New York, the grounds for a termination of parental rights proceeding, and the problems that persist despite New York's legislative reforms. After examining these problems, the author proposes several legislative solutions, which include: (1) improving incarcerated parents' access to court proceedings; and (2) requiring social services agencies and prison officials to provide the services necessary to maintain and strengthen the parents' parental relationships. This Article concludes that, while New York has enacted legislation …