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Child Welfare History Of Prison Inmates Would Provide Meaningful Data For Foster Care Policy Research And Planning, Maggie Zehring

Student Scholarship

Child welfare intervention in the United States continues to operate distinctly different in each states and community without a full picture of the overall system’s efficacy. While federal and state agencies collect extensive information on children’s movement in and out of the foster care system and related adjudication, there lacks a nationwide understanding of how kids fare after exiting the system. This note argues that Departments of Correction (DOC) nationwide should collect child‑welfare history from incarcerated individuals as part of existing intake procedures and regularly communicate the data for the federal Children’s Bureau to aggregate for longitudinal analysis of foster …

Measured Results In Georgia's Kenny A. Foster Care Class Action: A Framework For Assessing The Strategic Effectiveness Of Institutional Reform Litigation, Melissa D. Carter, Christopher G. Hempfling

Child and Family Law Journal

No abstract provided.

In Re N.O., 336 A.3d 29 (R.I. 2025)., Salvamarie Alifonso

Roger Williams University Law Review

No abstract provided.

Bridging The Rural Justice Gap: A Scalable Solution Rooted In Clinical Legal Education, Michelle Paxton

Northwestern Journal of Law & Social Policy

The rural justice gap significantly impacts child welfare legal representation, exacerbating the challenges families face when navigating juvenile courts in rural America. Attorneys in these communities frequently encounter geographic isolation, limited access to specialized training, professional burnout, and inadequate resources, all of which hinder effective advocacy for vulnerable children and families.

This article argues that clinical legal education, when paired with structured post-graduate training and multidisciplinary consultation, offers a replicable model for addressing the rural attorney shortages in juvenile court advocacy. The Nebraska Children’s Justice and Legal Advocacy Center (NCJC) illustrates how this model can be designed and scaled to …

Overcrowding The System: Rethinking Juvenile Justice In Washington State, Mckenna White

Seattle University Law Review

The recent crisis at Green Hill School highlights the detrimental consequences of severe overcrowding in Washington State’s Juvenile Rehabilitation system—a problem exacerbated by the implementation of the JR to 25 legislation. This Note argues that the juvenile rehabilitation system, which is currently struggling to manage a wide age range of offenders, necessitates a fundamental rethinking of juvenile justice practices. By examining neurological research indicating continued brain development into the mid-twenties, along with the high prevalence of trauma among justice-involved youth, this Note proposes the creation of a dedicated third system of care within the Department of Children, Youth, and Families …

Triggering Change In Child Protection Law: A Case Study Of Firearms And Domestic Violence In Nova Scotia, Manitoba, And Ontario, Ashley Thornton

Dalhousie Journal of Legal Studies

The intertwining complexities of child protection, domestic violence, and firearms pose profound challenges for families and the legal system. This paper examines their interplay, focusing on how these issues can subject children to harm, with a specific focus on case law and relevant legislation from Nova Scotia, Manitoba, and Ontario. These three provinces have been selected due to: i) the locality and inherent relevance of Nova Scotia’s jurisdiction given the location of the Schulich School of Law, ii) the high number of reported court decisions in Ontario, and the unique protections created through amending the Child, Youth, and Family Services …

Foreword: Children And Constitutions In The Anthropocene Era, Catherine Smith

Washington and Lee Law Review

In Spring 2025, the Washington and Lee Law Review held its Lara D. Gass Symposium, Children and Constitutions in the Anthropocene Era. It consisted of a keynote address by Julia Olson, Co-Executive Director and Chief Legal Counsel of Our Children’s Trust, and three panels: “Children, Climate Change, and State Constitutions”; “The U.S. Constitutions and the Meaning of ‘We the [Young] People’”; and “Youth-Powered Litigation and Global Constitutionalism.” The heavily attended Symposium was a tour-de-force in the field of children’s rights.

As climate chaos mounts, young people around the world are pressing courts to reconceptualize the meaning of liberty, equality, and …

Rectifying Historical Wrongs: The Case For The Indigenous’ Inherent Right To Self–Govern Child Welfare In Canada, Ariana Kravetz

University of Miami Inter-American Law Review

No abstract provided.

The Illusion Of Stability In Family Law, Kaiponanea T. Matsumura

Vanderbilt Law Review

Stability is universally accepted as a central value in family law. Within the context of adult relationships, stability determines which relationships the law will recognize and support. Within the context of parent child relationships, stability determines who will be recognized as a parent, whose parental rights will be terminated by the state, and who, among fit parents, will receive custody. This Article challenges stability’s pride of place in family law, identifying three problems with the law’s use of stability.

First, stability is often used in a circular way. Lawmakers treat stability as a requirement—a trait to which the law responds—even …

Trauma-Informed Judicial Practice Meets Therapeutic Jurisprudence: Compassionate Written Judgments In Child Protection Cases, Shelley Kierstead

Articles & Book Chapters

Trauma arises from profoundly distressing life events, and manifests in a range of often overwhelming physical and psychological symptoms. The legal community is increasingly recognizing that clients living with trauma need trauma-informed services—that is, services that “recognize, understand and minimize” the long-term impact of trauma. A trauma-informed approach acknowledges that “effective interventions with people require both the avoidance of retraumatization and the presence of respectful and supportive interventions that help people rebuild their lives.”

The Worst Collateral Consequence: Rethinking The Best Interests Standard In The Context Of Racism, Classism, And Mass Incarceration, Abigail Hean

Children's Legal Rights Journal

The United States incarcerates more people than any other country. In recent years, mandatory minimums, probation revocation, and other laws have led to increased periods of incarceration, even for low-level offenses. When a parent becomes incarcerated, their children are often left in the hands of the state, and a countdown to the termination of parental rights begins. Even if the parent has never been accused of child abuse or neglect, parental rights can be terminated on the grounds that the parent is unable to care for their children while incarcerated. Increasingly, states have placed more emphasis on permanent placement for …

Intersecting Abuse Of People And Animals In Practice: Implications Of The Connection Between Intimate Partner Violence And Animal Abuse For Family Justice Professionals, Amy Fitzgerald, Valerie Monckton, Kerri Thomson, Kendra Coulter

Canadian Journal of Family Law

According to recent estimates, 60% of Canadian homes have at least one cat or dog, and the number continues to climb. Often considered family members, these animals are vulnerable to family violence. Their presence can also render human victims of violence more vulnerable: research indicates many victims delay leaving their abuser out of concern for their animals or consider returning to the abusive relationship because their abuser has the animal companions. Despite a substantial body of literature documenting the link between intimate partner violence (IPV) and animal abuse, research has not examined how family law professionals encounter and deal with …

“Pick-Up Orders” And Foster Youth In Washington, Lauren Higgins

Seattle Journal for Social Justice

No abstract provided.

Integration Over Institutionalization: Addressing Rhode Island’S Institutionalization Of Developmentally Disabled Children Through An Olmstead Compliance Framework, Anna Macgillivray

Roger Williams University Law Review

No abstract provided.

In Re N.D., 312 A.3d 438 (R.I. 2024), Alexandria Snyders Dykeman

Roger Williams University Law Review

No abstract provided.

In Re N.B., 312 A.3d 428 (R.I. 2024), Olivia F. Johnson

Roger Williams University Law Review

No abstract provided.

Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes

Tennessee Journal of Law and Policy

No abstract provided.

Missing Coercive Control In Family Court Proceedings, Carrie Leonetti

William & Mary Journal of Race, Gender, and Social Justice

In New Zealand, like in the United States, coercive control generally remains outside the purview of the criminal law. It is therefore crucially important that court personnel identify and respond appropriately to coercive control in family law proceedings. Their continued focus on discrete incidents of physical violence between adults conceals the patterned and gendered nature of most [interpersonal violence] in which women are victimized and the patriarchal context of male privilege that continues to dominate heterosexual relationships. The failure to identify coercive control contributes to victims’ entrapment and increases the risk of violence continuing post-separation.

Cases involving coercive control generally …

Gardner’S Zombie: Parental Alienation Syndrome, Parental Alienation, And The Threat Both Present To Rhode Island, Grant E. Mooney

Roger Williams University Law Review

No abstract provided.

Using Education To Confidently Identify And Report Concerns Of Child Abuse And Neglect: A Qualitative Improvement Initiative Through Staff Development, Sarah E. Neilson

Master's Theses and Capstones

BACKGROUND: Pre-licensure education on child abuse and neglect is crucial for nurses in the healthcare field. It helps to equip them with the knowledge and skills necessary to effectively identify, report, and intervene in cases of child abuse and neglect. Having this education available and understanding the signs and effects of child abuse and neglect, empowers nurses to take quick and decisive action in early intervention and prevention. Within the microsystem of a local Operating Room (OR), this quality improvement (QI) project will determine the muchneeded addition to the healthcare curriculum.

METHODS: The Plan, Do, Study, Act (PDSA) framework was …

Unstable Homes Exacerbated By Unstable Courts: How Ohio's Split-Child-Custody Jurisdiction Harms Ohio's Children And Families, Philip Shipman

Et Cetera

Raising a child is very difficult. Add to the difficulty in raising a child the specter of a child custody suit, and you have a recipe that can end in disaster.

In Ohio, child custody is not fair. It is not just. It is determined by judges, whose jurisdiction is determined by whether the child’s parents were married to each other. Under this jurisdictional scheme, Ohio’s children are failed. This failure stems from Ohio courts making their own rules without care to fairness and equality. Within most of Ohio’s eighty-eight counties, juvenile and domestic relations courts can, and do, set …

Introduction: Domestic Violence And Access To Justice Within The Family Law And Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, Michaela J. Keet

Articles & Book Chapters

The articles in this collection explore the access to justice issues that arise for survivors of domestic violence in their encounters with Canada’s family law system. While family law and family dispute resolution processes are the central focus of the articles, three contributions also address family law's intersections with other legal domains (civil restraining orders, child welfare, and immigration). Common across the contributions is a desire to carefully interrogate the potential of law and legal processes to enhance—or conversely to undermine—the safety and well-being of survivors and their children.

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 …

Detinue And Replevin: Arresting Children To Enforce Private Parenting Orders In New Zealand Family Court, Carrie Leonetti

University of Miami International and Comparative Law Review

This Article argues that the seizures of children authorized by the New Zealand Care of Children Act to enforce private custody orders are unlawful and unjustifiable arrests. These seizures lack in either the substantive limitations of necessity or the procedural protections that should attach to such an intrusive and violent restriction on children’s liberty. It argues that their issuance violates children’s rights under the New Zealand Bill of Rights Act 1990 and international human rights law. It canvasses the history of these arrest provisions and argues that they function as a mechanism for detinue and replevin of children, harkening back …

Childist Objections, Youthful Relevance, And Evidence Reconceived, Mae C. Quinn

Dickinson Law Review (2017-Present)

Evidence rules are written by and for adults. As a result, they largely lack the vantage point of youth and are rooted in arm’s-length assumptions about the lives and legal interests of young people. Moreover, because children have been mostly treated as evidentiary afterthoughts, they have been patched into the justice system and its procedures in a piecemeal fashion. Yet, to date, there has been no comprehensive scholarly critique of evidence principles and practices for failing to meaningfully account for youth. And the evidentiary intersection of youth and race has been almost entirely overlooked in legal scholarship. This Article, in …

The World Moved On Without Me: Redefining Contraband In A Technology-Driven World For Youth Detained In Washington State, Stephanie A. Lowry

Seattle University Law Review

If you ask a teenager in the United States to show you one of their favorite memories, they will likely show you a picture or video on their cell phone. This is because Americans, especially teenagers, love cell phones. Ninety-seven percent of all Americans own a cell phone according to a continuously updated survey by the Pew Research Center. For teenagers aged thirteen to seventeen, the number is roughly 95%. For eighteen to twenty-nine-year-olds, the number grows to 100%. On average, eight to twelve-year-old’s use roughly five and a half hours of screen media per day, in comparison to thirteen …

Playing God In The 21st Century: How The Push For Human Embryonic Germline Gene Editing Sidelines Individual And Generational Autonomy, Anna E. Melo

Catholic University Journal of Law and Technology

Every four and a half minutes a child with a genetic birth defect is born in the United States. For some, these conditions are treatable and manageable, but sadly for others, they are a death sentence. Congenital malformations and chromosomal abnormalities are the leading cause of infant mortality. CRISPR-Cas9 presents hope for the future, a liberation from the heritable genetic shackles that a child would otherwise be trapped in. With such optimism for future applications of germline gene editing, there are also great concerns with what national and global limitations and auditing must be in place to permit “genetic hedging.” …

Introduction: Domestic Violence And Access To Justice Within The Family Law And Intersecting Legal Systems, Jennifer Koshan, Wanda Wiegers, Janet Mosher, Wendy Chan, Michaela Keet

Canadian Journal of Family Law

The articles in this collection explore the access to justice issues that arise for survivors of domestic violence in their encounters with Canada’s family law system. While family law and family dispute resolution processes are the central focus of the articles, three contributions also address family law's intersections with other legal domains (civil restraining orders, child welfare, and immigration). Common across the contributions is a desire to carefully interrogate the potential of law and legal processes to enhance—or conversely to undermine—the safety and well-being of survivors and their children.

Preventive Justice? Domestic Violence Protection Orders And Their Intersections With Family And Other Laws And Legal Systems, Jennifer Koshan

Canadian Journal of Family Law

Civil protection order legislation is a distinctive response to domestic violence with its focus on immediate safety and access to justice. Although the legislation was motivated by the need to broaden protective remedies for domestic violence and make them more accessible, similar remedies continue to exist and be utilized in the family law arena—for example, exclusive possession orders for the family home and restraining orders related to family disputes. Some jurisdictions also allow civil protection orders to contain conditions relevant to family law disputes, such as interim parenting orders. Intersections, overlaps and potential conflicts also exist between civil protection order …

Bill C-92: A Catalyst For Change In The Ycja, René Allain

Canadian Journal of Family Law

This paper examines Bill C-92, An Act respecting First Nations, Inuit and Metis children, youth and families (2019) (C-92), and how some of its principles should inform a redrafting of the Youth Criminal Justice Act (2002) (YCJA or the Act) to address the over-incarceration of Indigenous youth. Erasing the effects of centuries of racist and genocidal policies is a herculean process that will take several generations. Disrupting this status quo must begin by allowing children an opportunity to learn and prosper within their communities. Although trite, the maxim “children are our future” holds particularly true for Indigenous Nations in Canada.