Digital Commons Network^™

Shame On U.S.: The Need For Uniform Open Adoption Records Legislation In The United States, Lauren M. Fair

Santa Clara Law Review

No abstract provided.

Why Children Still Need A Lawyer, Marcia Robinson Lowry, Sara Bartosz

University of Michigan Journal of Law Reform

Every day approximately 500,000 children across the United States wake up in foster care, most in foster family homes, though many others in group homes and institutions. These children entered the state foster care system as innocent victims of abuse or neglect occurring in their birth homes. As wards of the state, they depend completely on the government to provide for their essential safety and wellbeing and to reconnect them with a permanent family, hopefully their own.

Though state child welfare agencies possess fundamental legal obligations under the United States Constitution and federal and state statutes to provide adequate care …

Looking Ahead: The Future Of Child Welfare Law, Donald N. Duquette

University of Michigan Journal of Law Reform

Introduction to a 2007 Symposium held to mark the Thirtieth Anniversary of the Child Advocacy Clinic.

The Multiethnic Placement Act: Threat To Foster Child Safety And Well-Being?, David J. Herring

University of Michigan Journal of Law Reform

Despite the efforts of public officials to reduce the time children spend in foster care, many children live in foster homes for a substantial portion of their childhoods. In fact, a child placed in a foster home may remain in that home for an extended period, with a significant possibility of remaining there permanently. In light of this situation, the decision to place a child in a particular foster home is extremely important.

The federal Multiethnic Placement Act ("MEPA ") significantly affects foster care placement decisions. This law expressly prohibits public child welfare agencies from delaying or denying a child's …

Looking Ahead: A Personal Vision Of The Future Of Child Welfare Law, Donald N. Duquette

University of Michigan Journal of Law Reform

The participants in the Thirtieth Anniversary Celebration of the Child Advocacy Law Clinic were all challenged to envision the future of child welfare and to address these questions: What should the law and legal institutions governing children's rights and child and family welfare look like in thirty more years? What steps are necessary to achieve those goals? After setting out the historical and optimistic circumstance in which the Child Advocacy Law Clinic was founded, this Article responds to the organizing questions by presenting the author's vision of the future of child welfare law and practice. When families fail children, what …

The Disproportionate Representation Of Blacks In The Child Welfare System Of The County Of Los Angeles And Decision-Making Practices Of Child Welfare Workers, Flora Mae Jones

Theses Digitization Project

The focus of this study is the significant and widespread overrepresentation of blacks in the child welfare system. The study specifically addresses the issue in the context of its association with decision-making practice of child welfare workers in the County of Los Angeles.

Disproportion Of African American Children In Child Welfare System Crisis, Pamela Janice Jones

Theses Digitization Project

The purpose of this study was to determine if the use of the Structured Decision-Making (SDM) tool affects the disproportion of African American children accounted for in Riverside County Child Welfare System.

Shaping Attitudes In Public Child Welfare: An Innovative Msw Training Program, Susan M. Love, Venetta Campbell

Journal of Family Strengths

Children investigated by child welfare are at significant risk for poor cognitive, emotional, social, behavioral and economic outcomes. In 2000, California formed the Child Welfare Services Group to propose changes in how child welfare services are delivered, the CWS Redesign. California State University, Long Beach’s child welfare training program developed its complement. Fundamentally, Redesign calls for partnering with families and communities to strengthen families, prevent unnecessary placements or re-unite families successfully. These changes are a paradigm shift in attitudes toward birth families and communities. In a qualitative study, interns logged their observations and subsequent impressions of CWS-Client encounters to explore …

The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort

Articles

This article responds to Judge Tacoma’s suggested changes in Michigan law. It begins with a very brief history of child welfare legislation at the federal and state levels. Next, it points out a number of errors in Judge Tacoma’s understanding of the current state of Michigan’s child welfare law.2 It is necessary to point out these errors because it seems that his misstatements of the law form the foundation for his recommended reforms. Then it will respond point-by-point to many of Judge Tacoma’s recommendations. Finally, I will off er several suggestions for addressing the problem of legal orphans that do …

When Did Lawyers For Children Stop Reading Goldstein, Freud And Solnit? Lessons From The Twentieth Century On Best Interests And The Role Of The Child Advocate, Jane M. Spinak

Faculty Scholarship

Between 1973 and 1986, Joseph Goldstein, Anna Freud, and Albert Solnit published three influential but controversial books on the best interests of the child that had an enormous impact on state decisions to intervene in family life and direct the placement of children. During the same period, children in child welfare proceedings were increasingly represented by lawyers or guardians ad litem whose advocacy included understanding and interpreting the meaning of best interests. This article begins by tracing a conversation of sorts that occurs between the authors and other scholars and practitioners as their ideas begin to influence decision-making in child …

From The Frying Pan Into The Fire: How Poor Women Of Color And Children Are Affected By Sentencing Guidelines And Mandatory Minimums, Nekima Levy-Pounds

Santa Clara Law Review

No abstract provided.

Procedural Injustice: How The Practices And Procedures Of The Child Welfare System Disempower Parents And Why It Matters, Vivek Sankaran, Itzhak Lander

Articles

Many of us appear surprised when families involved in the child protective system do not reunify. A parent’s path to reunification seems straightforward. Upon a finding of neglect, the court prescribes a basic regimen, typically consisting of parenting classes, counseling, drug testing, and a psychological evaluation, that a parent must fulfill prior to having the child returned to his/her custody. If a parent successfully completes these seemingly minimal requirements, the law requires reunification unless the return poses a “substantial risk of harm” to the child. With such high stakes involved, a clearly defined path for success, and the prospect of …

Interdisciplinary Clinical Teaching Of Child Welfare Practice To Law And Social Work Students When World Views Collide, Kathleen Coulborn Faller, Frank E. Vandervort

Articles

Because child welfare cases in the world of professional practice require interdisciplinary collaboration, it would seem to follow that graduate students, who will become child welfare professionals, should be trained together, both in the classroom and in clinical settings. However, the implementation of interdisciplinary training is far from straightforward. In this Article, we focus on law and social work students. First, we describe the roles of lawyers and social worker in child welfare work. Next we argue that interdisciplinary classroom teaching is easier than clinical teaching, proposing a series of topics to be covered in an interdisciplinary course. Finally, we …

"Seen And Not Heard" Sociological Approaches To Childhood: Black Children, Agency And Implications For Child Welfare, Mekada Graham, Emily Bruce

The Journal of Sociology & Social Welfare

In this article, the authors consider the socio-historical conceptions of childhood in relation to Black children and their unique relationship with child welfare institutions. Against this background we apply models of childhood to issues of race and social agency and argue that these elements have been inadequately addressed in developmental models of childhood. Following these concerns, we present a social model of childhood and consider how these distinct and different ways of understanding children might be applied to child welfare practice. This child centered approach presents a unique opportunity to incorporate the differential positioning of Black children in the wider …

"Put Up" On Platforms: A History Of Twentieth Century Adoption Policy In The United States, Michelle Kahan

The Journal of Sociology & Social Welfare

Adoption is closely intertwined with many issues that are central to public policy in this country-welfare and poverty, race and class, and gender. An analysis of the history of adoption shows how it has been shaped by the nation's mores and demographics. In order to better understand this phenomenon, and its significance to larger societal issues, this analysis reviews its historyfocusing on four key periods in which this country's adoption policy was shaped: the late Nineteenth Century's 'orphan trains'; the family preservation and Mothers' Pensions of the Progressive Era; World War II through the 1950s, with secrecy and the beginnings …

Overrepresentation Of African Americans In The Child Welfare System: Differential Treatment In Risk Assessment By Public Child Welfare Workers, Rebecca Sheree Owens, Courtney Marques Roushion

Theses Digitization Project

The purpose of this study was to identify salient factors contributing to the overrepresentation of African Americans in the child welfare system. This study seeks to examine whether or not public child welfare workers are biased in their assessments of African Americans, and if years of experience influence their judgment. By understanding some of the salient factors that contribute to these disproportionate numbers, Child Welfare Services can begin to revamp their programs and services to ensure that they are more culturally sensitive and equitable.

Child Protective Service Worker's Perception Of How Housing Issues Affect Their Decisions, Amanda Vasquez, Dorothy Ann Mokate Wilson

Theses Digitization Project

This exploratory study looked at Child Protective Service workers' perceptions of how housing issues affect their decisions in the removal of children from their parents, and the reunification of children with their parents. The survey examined San Bernardino County Child Protective Service workers in the Inland Empire region of California.

Standing In Babylon, Looking Toward Zion, Kate Kruse

Faculty Scholarship

The UNLV Conference on Representing Children in Families convened an impressive group of academics, policymakers, practitioners, and participants in the child welfare and juvenile justice systems to consider how to move beyond recommendations made ten years earlier about how lawyers for children should approach their work. This essay examines the interrelationship between idealism and realism in the definition of lawyers’ roles as representatives of children and the importance of idealized visions to the process of reforming dysfunctional systems, using examples of child welfare and juvenile justice system reform.

Oklahoma's Parentless Child: Determining The Best Interests Of The Child By Making Multilateral Adoption Decisions, Cara Rodriguez

Oklahoma Law Review

No abstract provided.

Improving Independent Living Skills Training For Youth Exiting Foster Care In Monterey County, Christy Ann Scaife

Capstone Projects and Master's Theses

Combining education and fieldwork, I created this multifaceted Capstone Project. I have included a legislative review of ILP and CWS. I conducted surveys of ILP youth and focus groups of social workers in three units of Monterey County DSES. I developed an analysis of the data gathered. With the research gathered primarily and secondarily, I created an ILP Tracking Database for following the outcomes of youth after foster care. These experiences and research also lead to recommendations for keeping up the tracking database and improving ILP training for foster youth. This Capstone fulfills the terms of the CSUMB Vision and …

Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

Courts handling child abuse and neglect cases face a daunting task. Within one to three days after a child is removed from his home, a court hearing must be held to determine whether court intervention and continued removal of the child is necessary. At this hearing, the court must sort through and evaluate the state's allegations and assess the various risks posed by placing the child in foster care or returning the child to one or both of his parents. Courts must weigh the heavy emphasis the law places on preserving the family unit against the equally paramount mandate to …

Rights Myopia In Child Welfare, Clare Huntington

Faculty Scholarship

For decades, legal scholars have debated the proper balance of parents' rights and children's rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents' rights nor children's rights serve families well because, as implemented, a solely rights-based model of child welfare does not protect the interests of parents or children. Additionally, even if well-implemented, the model still would not serve parents or children because it obscures the important role of poverty in child abuse and neglect and fosters conflict, rather than collaboration, between the state and families. In lieu of a solely rights-based …

Child Welfare Non-Compliance Issues And The Impact These Issues Have On Children And Families, Celia A. Falls-Ayers

Theses & Honors Papers

This thesis examines child welfare problems, how our country address these issues, what services they provide, and the impact on the children and family based on the decisions of the child welfare agency. More specifically, the thesis looks at non-compliance, and studies how prevalent these issues are, if there is a distinguishable pattern between these problems, and lastly, what characteristics are shared between them.

Minutes, Juvenile Welfare Board, March 10, 2005, John Milford

Juvenile Welfare Board Agendas, Minutes, and Historical Audits

Minutes from the March 10, 2005, meeting of the Juvenile Welfare Board.

Foster Caregivers' Opinions On The Causes Of Multiple Placements Among Foster Children, Erika Yolanda Alatorre, Angelica Lemus

Theses Digitization Project

The purpose of the study was to gather data that could help minimize the number of placements that foster children often experience. The results of this study are intended to help California child welfare agencies and other foster care agencies develop additional policies that support the development of stable foster care placements for dependent children.

Transition From Foster Care To Adoption: Services Needed For Building Adoption Permanency For Children, Colleen O'Neill Duggin

Theses Digitization Project

A questionaire was developed and given to post-adoptive parents with the results to be used as a guide to examine what services need to be provided in the pre-adoptive process for parents who are adopting children that are coming from foster homes. The results of the study could be utilized by adoption social workers as a means of targeting typical areas of need or resources for families during the adoption process.

A Child Welfare Course For Aboriginal And Non- Aboriginal Students: Pedagogical And Technical Challenges, Jacquie Rice-Green, Gary C. Dumbrill

Aboriginal Policy Research Consortium International (APRCi)

This chapter describes the development of a Web-based undergraduate child welfare course for Aboriginal and non-Aboriginal learners. Rather than simply incorporate an Aboriginal perspective into Eurocentric pedagogies and course structures, the authors disrupt the dominance of Western ways of knowing in education by designing the course to situate Western knowledge as a way of knowing rather than the way of knowing and the frame from which all other perspectives are understood. In this research the authors describe the differences between Aboriginal and European thought and reveal how Web-based courses can be designed in ways that do not perpetuate Eurocentrism.

Rights Myopia In Child Welfare, Clare Huntington

Faculty Scholarship

For decades, legal scholars have debated the proper balance of parents' rights and children's rights in the child welfare system. This Article argues that the debate mistakenly privileges rights. Neither parents' rights nor children's rights serve families well because, as implemented, a solely rights-based model of child welfare does not protect the interests of parents or children. Additionally, even if well-implemented, the model still would not serve parents or children because it obscures the important role of poverty in child abuse and neglect and fosters conflict rather than collaboration between the state and families. In lieu of a solely rights-based …

Rescuing Children From The Marriage Movement: The Case Against Marital Restrictions On Adoption And Assisted Reproduction, Richard F. Storrow

ExpressO

Much of the current cultural debate about marriage in the United States focuses on the need for children to be raised by heterosexual married couples. In the current atmosphere, it is important to examine how marriage functions in contexts where parent-child relationships are determined by more than just genetics and marital presumptions. This Article argues that the favoritism toward marriage in adoption and assisted reproduction relates neither to the purposes of marriage nor to child welfare. Part I subjects marital restrictions on assisted reproduction to an interpretivist microscope, and Part II undertakes a comprehensive comparison of step-parent adoption and second-parent …

Abuse, Neglect And Dependency Cases In Juvenile Court, Kelly Browe Olson

Law Faculty Scholarship

No abstract provided.