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Articles 1 - 7 of 7
Full-Text Articles in Law
Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug
Deporting Grandma: Why Grandparent Deportation May Be The Next Big Immigration Crisis And How To Solve It, Marcia A. Yablon-Zug
Faculty Publications
This Article explores the issue of grandparent caregiver deportation. The phenomenon of grandparents raising grandchildren is not new, but the number of children being raised by grandparents is at an all-time high and growing. Numerous circumstances can lead to a grandparent's assumption of caregiving responsibilities, but in most cases, grandparents assume this role because there is no one else. For thousands of children, grandparents are the only family they have, and without them these children would be placed in foster care and subject to the serious problems that plague children in foster care. The importance of grandparent caregivers cannot be …
Legal Strategies To Address Child Support Obligations For Nonresident Fathers In The Child Welfare System, Daniel L. Hatcher
Legal Strategies To Address Child Support Obligations For Nonresident Fathers In The Child Welfare System, Daniel L. Hatcher
All Faculty Scholarship
The legal and practical issues surrounding child support obligations have enormous impact on families in the child welfare system. Unfortunately, these issues are often ignored, overlooked, or misunderstood. A much-needed effort to engage nonresident fathers in the child welfare system is underway, but those efforts will often be derailed if child support is not properly addressed. This article sheds light on the legal and policy concerns regarding child support enforcement in child protection cases and provides legal strategies for advocates to address those concerns. While primarily aimed at advocates for nonresident fathers, this article should also benefit advocates for custodial …
Finding A Reasonable Way To Enforce The Reasonable Efforts Requirement In Child Protection Cases, Jeanne M. Kaiser
Finding A Reasonable Way To Enforce The Reasonable Efforts Requirement In Child Protection Cases, Jeanne M. Kaiser
Faculty Scholarship
Under federal law, state child protection agencies are required to exert "reasonable efforts" to reunite abused and neglected children with their parents before seeking to terminate parental rights and free the children for adoption. The scope of this requirement is undefined in federal statutes and in the statutory law of many states. As a result, it has fallen to appellate courts to determine the degree of effort a state agency must exert before the relationship between a parent and a child is severed. This has proven no easy task. By the time a parental termination case has reached an appellate …
Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal
Jon & Kate Plus The State: Why Congress Should Protect Children In Reality Programming, Dayna B. Royal
Dayna B. Royal
As "reality" programming continues to increase in popularity, so too does the number of children living out their young lives in front of the camera. Yet the current legal regime is inadequate to protect these children, whose parents have betrayed their best interests for fame and fortune. This article argues that Congress should enact a statute providing a regulatory sliding scale based on age that would largely prohibit children from participating in reality programming. A federal statute would bring clarity to this unsettled area of the law while ensuring that parents and programming executives cannot skirt individual state laws and …
Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat
Rethinking Visitation: From A Parental To A Relational Right, Ayelet Blecher-Prigat
Duke Journal of Gender Law & Policy
[...] visitation rights are considered to arise from the very fact of parenthood, so that parents are entitled to this right simply by being legally recognized as parents. [...] visitation rights are subject to the general rule of parental exclusivity: only a child's legal parents have rights considered parental, and non-parents cannot acquire them.
Money, Caregiving, And Kinship: Should Paid Caregivers Be Allowed To Obtain De Facto Parental Status, Pamela Loufer-Ukeles
Money, Caregiving, And Kinship: Should Paid Caregivers Be Allowed To Obtain De Facto Parental Status, Pamela Loufer-Ukeles
Missouri Law Review
The law of custody and visitation is expanding to include the possibility of non-biological and non-adoptive parents' legal access to children. The concept of the psychological parent or functional caretaker is becoming increasingly prevalent and influential in state law. Moreover, the ALI Principles of Family Dissolution include two categories of psychological parents - parents by estoppel and de facto parents - in its proposed guidelines for who can petition for custody and visitation rights to children. Yet, both state law and the ALl Principles exclude caretakers who receive compensation - including foster parents, paid child care providers and surrogate mothers …
Who Is A Parent?, Michelle M. Botek, Dorothy R. Fait, Jillian L. Dilaura
Who Is A Parent?, Michelle M. Botek, Dorothy R. Fait, Jillian L. Dilaura
Articles by Maurer Faculty
No abstract provided.