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Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry Apr 2023

Removing Barriers--Not Children: How West Virginia Can Prevent Further Harm To Children, Emily R. Mowry

West Virginia Law Review

West Virginia has one of the highest rates of children in foster care—and thus removed from their families—in the United States. Recent scientific and social science research has shown that removing children from their parents’ home is a traumatic event in and of itself, causing further harm to children already experiencing abuse and neglect. Federal legislation in the past ten years requires that states make reasonable efforts to address issues of abuse and neglect prior to removing children from their homes. West Virginia, for many reasons, is not doing so. West Virginia’s state child welfare agency, Department of Health and …


Child Protection And Infant Mental Health: An Essential Partnership, Claudia M. Gold M.D. Apr 2023

Child Protection And Infant Mental Health: An Essential Partnership, Claudia M. Gold M.D.

West Virginia Law Review

The core argument of this paper— that listening from stance of curiosity to caregivers who interface with the child protection system holds the key to true protection by supporting child development—stands the test of time. Since its publication a decade ago, two significant changes have occurred. First the field of infant mental health is in the process of a reframing to the term “early relational health,” drawing on the abundance of research evidence showing how early relationships lay the foundation for lifelong growth and development. Second we are in the midst of a long overdue reckoning with social injustice. Principles …


The Dobbs Effect On West Virginia, Anne Marie Lofaso, Cameron Kiner Apr 2023

The Dobbs Effect On West Virginia, Anne Marie Lofaso, Cameron Kiner

West Virginia Law Review

Humans have practiced birth control, including abortion, for thousands of years. Pregnant individuals have sought abortions for many reasons even though the abortion procedure itself has often been dangerous to the pregnant person’s life. Moreover, a stable consensus concerning the debate about when life begins and other questions surrounding abortion has rarely if ever been attained. Notwithstanding the numerous questions raised by this indisputably controversial subject, this article is quite limited in scope. In Section I, we review the development and retrenchment of an individual’s right to terminate their pregnancy starting on January 22, 1973, the day that the United …


Child Custody Is No Place For A Magic Formula: Why A Presumption Of 50/50 Physical Custody In West Virginia Is Not In Its Children's Best Interests, Stephanie R. Weber Mar 2023

Child Custody Is No Place For A Magic Formula: Why A Presumption Of 50/50 Physical Custody In West Virginia Is Not In Its Children's Best Interests, Stephanie R. Weber

West Virginia Law Review

The “best interest of the child” standard is used throughout family law and is the generally accepted standard for determining custody disputes. However, many states have introduced, and some have enacted, legislation that creates a presumption of joint, or “50/50,” physical custody between the parents. As psychological studies have shown, instability typically found in custody disputes can have a significant impact on a child’s life, influencing attachment style and abilities to successfully self-regulate. These findings make the 50/50 presumption a flawed concept. Courts should be able to take factors supported by this research into account when making custody determinations as …


Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle Apr 2018

Improving Outcomes In Child Poverty And Wellness In Appalachia In The "New Normal" Era: Infusing Empathy Into Law, Jill C. Engle

West Virginia Law Review

No abstract provided.


Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto Sep 2017

Fallout From Obergefell: The Dissolution Of Unconventional Adoptions To Pave The Way For Same-Sex Marriage Equality, Jodi B. Mileto

West Virginia Law Review

No abstract provided.


Nonparental Childcare And Child Contact Orders For Grandparents, Jeffrey A. Parness, Alex Yorko Sep 2017

Nonparental Childcare And Child Contact Orders For Grandparents, Jeffrey A. Parness, Alex Yorko

West Virginia Law Review

No abstract provided.


Healing Sex-Trafficked Children: A Domestic Family Law Approach To An International Epidemic, Melissa L. Breger Apr 2016

Healing Sex-Trafficked Children: A Domestic Family Law Approach To An International Epidemic, Melissa L. Breger

West Virginia Law Review

Children who have been trafficked into and within the United States for commercial sexual exploitation endure significant psychological and physical trauma. Because there is a salient nexus between the inherent violence of trafficking and that of family violence and childhood sexual abuse, this Article explores how the United States might assist victimized children by utilizing governmental systems that are already in existence. Specifically, the therapeutic foster care ("TFC") model is an established model of care that is flexible enough to meet the numerous and complicated issues associated with the reintegration and treatment needs of child sex-trafficking survivors. This Article recommends …


The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka Apr 2015

The Civil Rights Of Sexually Exploited Youth In Foster Care, Dale Margolin Cecka

West Virginia Law Review

No abstract provided.


Seen But Not Recognized: Black Caregivers, Childhood Cruelties, And Social Dislocations In An Increasingly Colored America, Reginald Leamon Robinson Apr 2015

Seen But Not Recognized: Black Caregivers, Childhood Cruelties, And Social Dislocations In An Increasingly Colored America, Reginald Leamon Robinson

West Virginia Law Review

No abstract provided.


The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik Dec 2013

The Battle Over The Embryo: How West Virginia Should Legally Define The Embryo And Regulate Embryo Adoption, Alyssa Lechmanik

West Virginia Law Review

No abstract provided.


West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg Apr 2012

West Virginia Courts Attempting To Equitably Distribute Defined Benefit Pension Plans During Divorce Proceedings: An Examination Of The Immediate Offset And Deferred Distribution Methods, Alex Greenberg

West Virginia Law Review

No abstract provided.


What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts Sep 2011

What Sex-Ed Didn't Teach You: Addressing The Inadequacies Of West Virginia Code Section 42-1-8 And The Future Of Posthumously Conceived Children, Andrew S. Felts

West Virginia Law Review

No abstract provided.


Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich Apr 2011

Cause Breaking Up Is Hard To Do: The Need For Uniform Enforcement Of Cohabitation Agreements In West Virginia, Emily E. Diederich

West Virginia Law Review

No abstract provided.


State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines Apr 2011

State V. Harden: Muddying The Waters Of Self-Defense Law In West Virginia, Devin C. Daines

West Virginia Law Review

No abstract provided.


A Knife In A Gunfight: The Inadequate Protection Provided To West Virginia's Foster Children By Statutory And Common Law, Matt Davis Apr 2009

A Knife In A Gunfight: The Inadequate Protection Provided To West Virginia's Foster Children By Statutory And Common Law, Matt Davis

West Virginia Law Review

No abstract provided.


Deep Purple: Religious Shades Of Family Law, Naomi Cahn, June Carbone Sep 2007

Deep Purple: Religious Shades Of Family Law, Naomi Cahn, June Carbone

West Virginia Law Review

No abstract provided.


Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton Sep 2007

Religious V. Secular Ideologies And Sex Education: A Response To Professors Cahn And Carbone, Vivian E. Hamilton

West Virginia Law Review

No abstract provided.


De Facto Marriage In West Viginia: If The Court Recognizes The Relationship For Alimony, Why Not For Probate?, Lisa M. Gunno Apr 2007

De Facto Marriage In West Viginia: If The Court Recognizes The Relationship For Alimony, Why Not For Probate?, Lisa M. Gunno

West Virginia Law Review

No abstract provided.


The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin Apr 2007

The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin

Law Faculty Scholarship

No abstract provided.


The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq. Sep 2005

The Material-Fetal Conflict: The Right Of A Woman To Refuse A Cesarean Section Versus The State's Interest In Saving The Life Of The Fetus, Daniel R. Levy Esq.

West Virginia Law Review

No abstract provided.


Confronting America's Ambivalence Towards Same-Sex Marriage: A Legal And Policy Perspective, Justin R. Pasfield Sep 2005

Confronting America's Ambivalence Towards Same-Sex Marriage: A Legal And Policy Perspective, Justin R. Pasfield

West Virginia Law Review

No abstract provided.


The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett Apr 2005

The Plight Of Putative Father: Public Policy V. Paternity Fraud, Maegan Padgett

West Virginia Law Review

No abstract provided.


The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey Jan 2004

The Ramifications Of West Virginia's Codified Child Custody Law: A Departure From Garska V. Mccoy, John D. Athey

West Virginia Law Review

No abstract provided.


West Virginia Takes Refuge In Troxel's Safe Harbor: State Ex Rel. Brandon L. V. Moats, Kristina Thomas Whiteaker Jan 2003

West Virginia Takes Refuge In Troxel's Safe Harbor: State Ex Rel. Brandon L. V. Moats, Kristina Thomas Whiteaker

West Virginia Law Review

No abstract provided.


Domestic Relations, Robin Jean Davis, Louis J. Palmer Jr. Jun 2002

Domestic Relations, Robin Jean Davis, Louis J. Palmer Jr.

West Virginia Law Review

No abstract provided.


Introduction Apr 2000

Introduction

West Virginia Law Review

No abstract provided.


Somebody's Child: Evaluating The Erosion Of The Marital Presumption Of Paternity, Theresa Glennon Apr 2000

Somebody's Child: Evaluating The Erosion Of The Marital Presumption Of Paternity, Theresa Glennon

West Virginia Law Review

No abstract provided.


Second Chances: Insuring That Poor Families Remain Intact By Minimizing Socioeconomic Ramification Of Poverty, Cynthia R. Mabry Apr 2000

Second Chances: Insuring That Poor Families Remain Intact By Minimizing Socioeconomic Ramification Of Poverty, Cynthia R. Mabry

West Virginia Law Review

No abstract provided.


Grandparent Visitation: Best Interests Test Is Not In Child's Best Interests, Katharine T. Bartlett Apr 2000

Grandparent Visitation: Best Interests Test Is Not In Child's Best Interests, Katharine T. Bartlett

West Virginia Law Review

No abstract provided.