Digital Commons Network^™

Florida's Foster Care System Fails Its Children, Timothy L. Arcaro

Faculty Scholarship

This article will attempt to draw attention to the pervasive problem of child sexual abuse in foster care by identifying circumstances that contribute to sexual victimization. Hopefully the discussion will illuminate the plight of child victims of sexual abuse and generate discourse on a new paradigm of protection initiatives for foster children. Part I of the article will explain child protection proceedings and how children enter the foster care system. Part II will describe common characteristics of state foster care systems. Part III will discuss traditional notions of child sexual abuse and their illusory application in the context of sexual …

Keeping Kids Out Of The System: Creative Legal Practice As A Community Child Protection Strategy, Leigh S. Goodmark

Book Gallery

No abstract provided.

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 …

Law Making For The Baby Making: An Interpretive Approach To The Determination Of Legal Parentage, Marsha Garrison

Faculty Scholarship

No abstract provided.

Murder By Child Abuse—Who's Responsible After State V. Jackson? , Christine A. Martin

Seattle University Law Review

Currently, under Washington law, a passive parent is not legally responsible for the death of his or her child from abuse. State v. Jackson is a horrific illustration of the gaps in Washington's law regarding the issue of who is responsible for the death of a child by abuse. Because passive parents should be held responsible for the death of their child from abuse, and because Washington's current laws are inadequate, Washington's legislature should create a special statute that would hold both abusive and passive parents culpable for the death of a child resulting from abuse.

A Little Privacy, Please: Should We Punish Parents For Teenage Sex?, Susan S. Kuo

Kentucky Law Journal

No abstract provided.

Choosing The Lesser Evil: Comments On Besharov's "Child Abuse Realities", Margaret F. Brinig

Journal Articles

Determining the degree of state intervention into intra-family decision making requires an unhappy choice between allowing abuse to continue or interfering with some families that would be better left alone. Mr. Besharov introduces the possible harms associated with the increased involvement of the state but fails to fully comprehend the circumstances that necessitate such involvement. Evils bracket the phenomenon discussed in Mr. Besharov's paper and this one. The difference in our approach lies in the choice we think is the lesser evil of the two, not that we think that either the harms associated with state involvement or the risk …

Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman

West Virginia Law Review

No abstract provided.

Domestic Violence, Substance Abuse, And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast

Journal of Health Care Law and Policy

No abstract provided.

The Challenge Of Substance Abuse For Family Preservation Policy, Dorothy Roberts

Journal of Health Care Law and Policy

No abstract provided.

Domestic Violence, Substance Abuse And Child Welfare: The Legal System's Response, Jane C. Murphy, Margaret J. Potthast

All Faculty Scholarship

This Article begins by exploring and documenting the connections between domestic violence, substance abuse, and child abuse. Part II of the Article examines the legal system's response to child protection cases in which maternal abuse and, in some cases, substance abuse are present. This section begins by describing the shifting theories underlying child welfare in this country. It then contrasts these theories with child welfare practice by reporting the results of a study of eighty-five Child in Need of Assistance (CINA) cases in four jurisdictions in Maryland. Although the study examines a limited sample, the cases examined confirm the strong …

Protection, Privatization And Profit In The Foster Care System, Susan Vivian Mangold

Journal Articles

No abstract provided.

Adding Bite: A Response To State Ex Rel. Mcdougall V. Strohson (CantrelL, Real Party In Interest), Michael S. Wawro

Brigham Young University Journal of Public Law

No abstract provided.

We Know Better Than We Do: A Policy Framework For Child Welfare Reform, Donald N. Duquette, Sandra K. Danzinger, Joan M. Abbey, Kristin S. Seefeldt

University of Michigan Journal of Law Reform

The need for comprehensive reform of child welfare policies and systems has long been evident. This Article reports observations from the WK Kellogg Foundation-sponsored Families for Kids Initiative that seeks to expand services and support to families and reduce the time children spend in temporary care. The authors first provide an overview of the need for reforms such as those proposed by this initiative, suggesting that many child welfare studies, critiques, and proposed reforms have had similar objectives. The authors highlight lessons learned from how these reform goals are being developed, implemented, and practiced in ongoing programs across the nation …

Desegregating The Adoptive Family: In Support Of The Adoption Antidiscrimination Act Of 1955, 30 J. Marshall L. Rev. 593 (1997), Rebecca Varan

UIC Law Review

No abstract provided.

Child Care Policy And The Welfare Reform Act, Peter R. Pitegoff

Faculty Publications

This article sketches the 1996 Welfare Reform Act's major changes with particular attention to federally subsidized child care for low-income families.

Color-Coordinated Families: Race Matching In Adoption In The United States And Britain, Anjana Bahl

Loyola University Chicago Law Journal

No abstract provided.

Book Review Of State Legislative Summary, 1994: Children, Youth, And Family Issues, James S. Heller

Library Staff Publications

No abstract provided.

Terminating The Parent-Child Legal Relationship As A Response To Child Sexual Abuse, Donald C. Bross

Loyola University Chicago Law Journal

No abstract provided.

Severing Hansel From Gretel: An Analysis Of Siblings' Association Rights, William Wesley Patton, Dr. Sarah Latz

University of Miami Law Review

No abstract provided.

"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman

Dalhousie Law Journal

This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …

Renewing The Good Intentions Of Foster Care: Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980 And The Substantive Due Process Right To Safety, Cristina C.-Y. Chou

Vanderbilt Law Review

Foster care. There are probably no two words in the English language that convey more of a sense of good intentions gone bad. Children enter foster care when their own parents fail them. Then they begin a state-sponsored journey through an over- land railroad of foster homes, some run by adults who truly want to help, and others run by scoundrels.'

The purpose of foster care is to provide a temporary safe haven for children whose parents are unable to care for them. Unfortunately, however, the foster care system frequently fails to provide children with stable, secure care, and fails …

In A World Not Their Own: The Adoption Of Black Children, Zanita E. Fenton

Articles

No abstract provided.

Child Care Enterprise, Community Development, And Work, Peter R. Pitegoff

Faculty Publications

Child care enterprise can be a vehicle for community-based economic development. Beyond the critical goal of child care service, day care as an enterprise can help build capacity for job creation and entrepreneurship in the inner city and in disadvantaged communities. Stable child care institutions with quality jobs can sound a counterpoint to the feminization of poverty. The demand for child care services is substantial and growing. In single parent families and in households with two working parents, day care is essential to enable parents to work or go to school. Further, high quality early childhood programs can have a …

When The Bough Breaks: Federal And Washington State Indian Child Welfare Law And Its Application, Kim Laree Schnuelle

Seattle University Law Review

Although removal of any child from his or her family is traumatic, too frequently Indian child removal has been performed with little prior investigation and with an absence of cultural sensitivity. The resulting inequalities in Indian child foster placement and adoption rates led to a recognition of the need for Indian child welfare reform, both on a federal and state level. This Article provides an overview of Indian child welfare issues and addresses both the evolution and nature of Indian child welfare reform. Initially, this Article discusses the federal Indian Child Welfare Act, including the cultural history behind the Act, …

The Art Of Line Drawing: The Establishment Clause And Public Aid To Religiously Affiliated Child Care, Elizabeth Samuels

All Faculty Scholarship

The Article analyzes both the meaning and the constitutionality of Child Care Development Block Grant's church-and-state-related provisions in light of existing Supreme Court Establishment Clause jurisprudence. The CCDBG's church-and-state-related provisions represent a legislative effort to perform the type of Establishment Clause line drawing that the Supreme Court has traditionally undertaken and continues to undertake in cases involving aid to religious institutions. The congressional debate and the public controversy it engendered over line drawing between permissible and impermissible aid to religiously affiliated child care, and the resolution reached in the CCDBG, all achieve an important constitutional aim. They reflect and reinforce …

The Privatization Of Family Law, Jana B. Singer

Faculty Scholarship

No abstract provided.

Minor Changes: Emancipating Children In Modem Times, Carol Sanger, Eleanor Willemsen

University of Michigan Journal of Law Reform

This Article reports on the use of still another mechanism for removing children in conflict with their parents: statutory emancipation, the process by which minors attain legal adulthood before reaching the age of majority. Statutorily emancipated minors can sign binding contracts, own property, keep their earnings, and disobey their parents. Although under eighteen, they are "considered as being over the age of majority" in most of their dealings with parents and third parties. Thus, while emancipated minors can sign contracts and stay out late, their adult status also means that their parents are no longer responsible for the minors' support. …

The Violence Of Privacy, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

"A Lost Generation": The Battle For Private Enforcement Of The Adoption Assistance And Child Welfare Act Of 1980, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

This article suggests that the scope of enforceable section 1983 rights is broader than most courts have recognized. The Act creates comprehensive rights to 1) preplacement preventive services, 2) proper care while children are in state custody, and 3) permanency planning services. Courts must be more willing to recognize these rights and to take a more creative role in structuring injunctive relief when these rights have been violated. Part I is an overview of the Act. Part II analyzes the appropriateness of section 1983 claims under the Act. Finally, Part III analyzes the proper scope of section 1983 claims. The …