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Articles 1 - 8 of 8
Full-Text Articles in Law
Representing Parents In Child Welfare Cases, Vivek Sankaran
Representing Parents In Child Welfare Cases, Vivek Sankaran
Book Chapters
A parent's constitutional right to raise his or her child is one of the most venerated liberty interests safeguarded by the Constitution and the courts.2 The law presumes parents to be fit, and it establishes that they do not need to be model parents to retain custody of their children.3 If the state seeks to interfere with the parent-child relationship, the Constitution mandates that the state: (1) prove parental unfitness, a standard defined by state laws; and (2) follow certain procedures protecting the due process rights of parents. The constitutional framework for child welfare cases is premised on the belief …
The Indian Child Welfare Act., Frank Vandervort
The Indian Child Welfare Act., Frank Vandervort
Book Chapters
Few child welfare lawyers routinely confront the application of the Indian Child Welfare Act (ICWA or "the Act"). When the statute applies, however, it is crucial that its provisions be strictly followed. There are at least three reasons why counsel should attempt to ensure that ICWA's provisions are carefully applied. First, ICWA's provisions are jurisdictional. Failure to abide by its requirements invalidates the proceeding from its inception. Indeed, any party or the court may invoke ICWA at any time in the proceeding, including for the first time on appeal. Second, unlike most federal child welfare legislation which provides funding streams …
Establishing Legal Permanence For The Child, Donald N. Duquette
Establishing Legal Permanence For The Child, Donald N. Duquette
Book Chapters
This chapter is intended to identify options for legal permanency that state law and the federal Adoption and Safe Families Act of 1997 (ASFA) commonly recognize to better serve children in foster care. Ideally, the child will ultimately return safely to his or her home of origin. But when a return home is not possible, the child welfare legal process should result in a safe and legally secure alternative permanent placement for the child. The emphasis on legally secure permanent placement is meant to provide the child with psychological stability and a sense of belonging and to limit the likelihood …
Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie
Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie
Book Chapters
The role of the child's attorney is unique in American jurisprudence and not yet clearly defined by law or tradition. There is a growing consensus, however, that children in dependency cases should have lawyers who are as active and as involved in their cases as are lawyers for any other party in any other litigation. Yet there continues to be confusion and debate over the role and duties of the lawyer, particularly as to what voice the child should have in determining the direction and goals of the litigation. Policy makers have differed as to whether the child's lawyer should …
Federal Child Welfare Legislation., Frank Vandervort
Federal Child Welfare Legislation., Frank Vandervort
Book Chapters
This chapter provides a brief overview of federal statutes that impact the practice of child welfare law. Since the enactment of the Child Abuse Prevention and Treatment Act in 1974 (CAPTA), the federal government has played an ever increasing role in handling child maltreatment cases.
A Child's Journey Through The Child Welfare System., Susan Badeau, Ann M. Haralambie, Donald N. Duquette
A Child's Journey Through The Child Welfare System., Susan Badeau, Ann M. Haralambie, Donald N. Duquette
Book Chapters
Once a child is known to the government child welfare agency, the child and his or her family become subject to a series of decisions made by judges, caseworkers, legal representatives, and others-all of whom have an important role to play. A child may encounter dozens of other new adults, including foster parents, counselors, and doctors. Most children enter foster care when removed from their homes by a child protective agency because of abuse or neglect, or both. Others enter care because of the absence of their parents, resulting from illness, death, disability, or other problems. Some children enter care …
Non-Adversarial Case Resolution, Donald N. Duquette
Non-Adversarial Case Resolution, Donald N. Duquette
Book Chapters
A lawyer practicing in child welfare is increasingly likely to either want to refer a case to a Non-Adversarial Case Resolution (NACR) program or to be ordered into NACR by the court. This chapter is intended to orient a lawyer to the most common forms of NACR in the United States today, prepare him or her to participate competently in that structure, and to encourage more widespread use of these promising alternatives.
Special Issues In Transcultural, Transracial, And Gay And Lesbian Parenting And Adoption, Frank E. Vandervort, Robert B. Sanoshy
Special Issues In Transcultural, Transracial, And Gay And Lesbian Parenting And Adoption, Frank E. Vandervort, Robert B. Sanoshy
Book Chapters
The adoption of children whose natural parents are unable to or incapable of caring for them by adults who are able to provide for them has existed throughout human history in one form or another (In re Smith Estate 1955; Miller et al. 2007). Before the mid-1800s, however, there was no formal mechanism for a person interested in adopting a child in the United States to do so (Bartholet 1999). In 1851, the Massachusetts legislature enacted the Massachusetts Adoption of Children Act (General Court of Massachusetts 1851). Though enacted more than 150 years ago, the act's basic structure is clearly …