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Full-Text Articles in Law

Colorblind Must Not Mean Blind To The Realities Facing Black Children, Zanita E. Fenton Jan 2006

Colorblind Must Not Mean Blind To The Realities Facing Black Children, Zanita E. Fenton

Articles

No abstract provided.


But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran Jan 2006

But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran

Articles

Steven, a minor living with his mother, enjoyed a nurturing relationship with his father, Mark. He saw his father every weekend and looked forward to their time together. Mark looked for ways in which to stay involved in his child's life. Two days ago, the Department of Human Services (DHS) removed Steven from his mother's custody because, unbeknown to Mark, Stevens mother was selling drugs in the home. At the time of removal, the police did not inquire about the whereabouts of Stevens father; DHS immediately placed Steven in a foster home.


Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran Jan 2006

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 …


Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring Jan 2006

Foster Care Safety And The Kinship Cue Of Attitude Similarity, David J. Herring

Articles

This article brings behavioral biology research on attitude similarity as a kinship cue to bear on the laws, policies, and practices surrounding the placement of children in foster care. The basic logic of the article relies on the nature and power of kinship cues. Individuals perceive others as kin through fallible, often unconscious mechanisms. Because these mechanisms are fallible, individuals may come to believe that unrelated persons are kin.

Once a cue gives rise to the perception of kinship, the individual who acquires this perception about another person is more likely to treat that other person favorably, providing important benefits …


Perpetuating The Impermanence Of Foster Children: A Critical Analysis Of Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran Jan 2006

Perpetuating The Impermanence Of Foster Children: A Critical Analysis Of Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran

Articles

The importance of expediting the placement of foster children into permanent homes has emerged as a dominant theme in child welfare policy. Identifying and finalizing legally secure placements provides children with psychological stability and a sense of belonging, and limits the likelihood of future disruptions of familial relationships. Upon a child's entry into foster care, child welfare agencies, under both federal and state laws, are compelled to develop a detailed plan to ensure a child's prompt placement into such a home. If a parent is unable to rectify the conditions causing the child's placement in foster care within a year, …


Addressing Putative Fathers In Child Protection Proceedings: Is 'John Doe' Still Alive?, Frank E. Vandervort, W. Lansat Jan 2006

Addressing Putative Fathers In Child Protection Proceedings: Is 'John Doe' Still Alive?, Frank E. Vandervort, W. Lansat

Articles

In practice, it seems, KH is not widely understood. Child protection petitions for temporary custody continue to name multiple men as the "father" of a child when there is a legal father. Some courts insist on terminating the parental rights of "John Doe" when no man has established paternity. After KH, are such actions necessary? Are they permissible?


Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort Jan 2006

Videotaping Investigative Interviews Of Children In Cases Of Child Sexual Abuse: One Community's Approach, Frank E. Vandervort

Articles

Legal scholars have long debated the efficacy and necessity of videotaping investigative interviews with children when allegations of child sexual abuse have surfaced. This debate has been advanced from the perspectives of adversaries in the criminal justice system, prosecutors and defense advocates. Absent from this debate has been the perspective of the broader community. This debate has failed to consider how other investigative tools might be used in conjunction with videotaping to advance the interests of the community. Moreover, the debate about videotaping has taken place with little actual data. This Article seeks to accomplish two goals. First, it seeks …