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2017

State and Local Government Law

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Children

Articles 1 - 6 of 6

Full-Text Articles in Law

Family Law, Allison Anna Tait Nov 2017

Family Law, Allison Anna Tait

University of Richmond Law Review

Another year of family law activity in Virginia brought both new

legislation, which will likely have long-term impacts, as well as a

new set of judicial opinions that will bring changes to the Virginia

rules. The terrain covered in the legislation and opinions varies,

but it includes certain fixtures such as marriage and divorce requirements,

equitable distribution, spousal and child support, and

child custody. This brief overview addresses all these areas, beginning

with the legislative changes and then moving to the courts.


Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran Oct 2017

Child Welfare's Scarlet Letter: How A Prior Termination Of Parental Rights Can Permanently Brand A Parent As Unfit, Vivek S. Sankaran

Articles

In many jurisdictions, once a parent has her rights terminated to one child, the State can use that decision to justify the termination of parental rights to another child. The State can do so regardless of whether the parent is fit to parent the second child. This article explores this practice, examines its origins, and discusses its constitutional inadequacies.


Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas Sep 2017

Juvenile Lifers And Juveniles In Michigan Prisons: A Population Of Special Concern, Kimberly A. Thomas

Articles

Prisoners serving life without parole for offenses they committed when they were juveniles have received much attention after the United States Supreme Court found in Miller v Alabama that mandatory life without parole for juveniles violated the Eighth Amendment and found that its Miller decision applied retroactively. Courts have begun the process of sentencing and resentencing these individuals, some of whom are still teens and some of whom have served 40 years or more in the Michigan Department of Corrections (MDOC). All told, not including new cases that come before the court, approximately 370 prisoners will receive individualized sentences under …


Timely Permanency Or Unnecessary Removal?: Tips For Advocates For Children Who Spend Less Than 30 Days In Foster Care, Christopher Church, Monique Mitchell, Vivek Sankaran Jun 2017

Timely Permanency Or Unnecessary Removal?: Tips For Advocates For Children Who Spend Less Than 30 Days In Foster Care, Christopher Church, Monique Mitchell, Vivek Sankaran

Articles

Removal and placement in foster care is child welfare’s most severe intervention, contemplated as “a last resort rather than the first.” Federal law, with an overarching goal of preventing unnecessary removals, bolsters this principle by requiring juvenile and family courts to carefully oversee the removal of children to foster care. Expansive research reminds the field that removal, while often necessary, is not a benign intervention. Physically, legally, and emotionally separating children from their parent(s) can traumatize children in lasting ways. Yet review of federal data concerning children in foster care reveal a troubling narrative: each year, tens of thousands of …


Online Issue: Table Of Contents May 2017

Online Issue: Table Of Contents

University of Richmond Law Review

No abstract provided.


Reviewer's Note, Vincent J. Palusci, Frank E. Vandervort Jan 2017

Reviewer's Note, Vincent J. Palusci, Frank E. Vandervort

Reviews

Review of Child Abuse & the Law by Jennifer N Fishe and Frederick L. Moffat III.