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Child Welfare

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Full-Text Articles in Law

Affirming And Supporting Black Women’S Lactation Agency As Redress, Dorothy Couchman Nov 2023

Affirming And Supporting Black Women’S Lactation Agency As Redress, Dorothy Couchman

San Diego Law Review

This Article opens with Truth baring her breasts for four reasons. First, for many women like Truth who survived enslavement, lactation was a specifically gendered and racialized site of atrocity. Under chattel slavery in the United States, enslaved women were prevented from breastfeeding their infants as needed, compelled to wean their children far too early at the demands of their enslavers, or made to wet-nurse their enslavers’ White children in place of their own. This lactational coercion was part of a larger atrocity of reproductive abuse perpetuated against enslaved women.

Second, as Truth notes, enslaved women’s children were harmed when …


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 …


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 …


Race And Regulation Podcast Episode 1 - Black Families Matter, Dorothy E. Roberts May 2022

Race And Regulation Podcast Episode 1 - Black Families Matter, Dorothy E. Roberts

Penn Program on Regulation Podcasts

Drawing on her latest book, Torn Apart: How the Child Welfare System Destroys Black Families—And How Abolition Can Build a Safer World, law and sociology expert Dorothy Roberts of the University of Pennsylvania examines the fundamental racism of the child welfare system, which she argues regulates families in ways that disproportionately and negatively affect people of color. She explains why this system of family regulation should be dismantled and replaced with one that better protects children.


Conceptualizing Attorney Motivation: A Study Of The Representatives For Parents And Children In The Child Welfare System, Shannon Moody Jan 2022

Conceptualizing Attorney Motivation: A Study Of The Representatives For Parents And Children In The Child Welfare System, Shannon Moody

Theses and Dissertations--Social Work

Background. Attorneys who represent parents and children in dependency, neglect, and abuse (DNA) proceedings are key in influencing the outcomes of the cases they carry. These influences include the length of time a child spends in the custody of the state or the necessity for foster care, visitation with family members, length of time to reunification, and recommended services for the child and parents (Courtney & Hook, 2012; Goldman, 1993; Thornton & Gwin, 2012; Zinn & Peters, 2015). The American Bar Association’s analysis is that there are “four constants: high caseloads, low compensation, inadequate training, and lack of supervision” …


The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer Jan 2022

The Most Dangerous Branch Of Science? Reining In Rogue Research And Reckless Experimentation In Social Services, James G. Dwyer

Faculty Publications

Most people are unaware how much public policy is either lacking in any empirical-research support or driven by bad research. Political actors motivated by ideology or donor/constituent demands propose new government practices—in areas ranging from policing to funding of treatments for gender dysphoria in youth to welfare-qualification rules—that will greatly impact people’s lives, and if anyone asks what basis they have for thinking the impact will be good, they can readily find some study to support their case. Especially when powerless populations are put at risk, neither the legislative process nor peer review in the publication process provides a real …


In Deciding Fulton V. Philadelphia, The Supreme Court Should Remember That Foster Care Is For The Children, James Dwyer May 2021

In Deciding Fulton V. Philadelphia, The Supreme Court Should Remember That Foster Care Is For The Children, James Dwyer

Popular Media

No abstract provided.


Icwa’S Irony, Marcia A. Yablon-Zug Jan 2021

Icwa’S Irony, Marcia A. Yablon-Zug

Faculty Publications

The Indian Child Welfare Act (ICWA) is a federal statute that protects Indian children by keeping them connected to their families and culture. The Act’s provisions include support for family reunification, kinship care preferences, cultural competency considerations and community involvement. These provisions parallel national child welfare policies. Nevertheless, the Act is relentlessly attacked as a law that singles out Indian children for unique and harmful treatment. This is untrue but, ironically, it will be if challenges to the ICWA are successful. To prevent this from occurring, the defense of the Act needs to change. For too long, this defense has …


Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith May 2020

Indian Child Welfare Act Annual Case Law Update And Commentary, Kathryn Fort, Adrian T. Smith

American Indian Law Journal

Annually there is an average of 200 appellate cases dealing with the Indian Child Welfare Act (ICWA) —though this includes published and unpublished opinions.[1] Since our first annual review of the case law in 2017, the numbers remain stable. There are approximately thirty reported state appellate court cases involving ICWA each year. This annual review is the only systematic look at the ICWA cases on appeal, including an analysis of who is appealing, what the primary issues are on appeal, and what topical trends are.

This article provides a comprehensive catalogue of published ICWA cases from across all fifty …


The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer Sep 2019

The Children We Abandon: Religious Exemptions To Child Welfare And Education Law As Denials Of Equal Protection To Children Of Religious Objectors, James G. Dwyer

James G. Dwyer

The story of children who die because their parents, in observance of their own religious principles, withhold conventional medical treatment from them is a familiar one. In this Article, James G. Dwyer shows that the phenomenon of parents denying secular benefits to their children for religious reasons goes far beyond these few highly publicized cases, extending into the realm of education as well as medical care. Moreover, Dr. Dwyer shows that the federal and state governments endorse this practice by statutorily exempting 'religious objector' parents from otherwise generally applicable compulsory child care and education laws. He argues that courts addressing …


Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer Sep 2019

Parents' Self-Determination And Children's Custody: A New Analytical Framework For State Structuring Of Children's Family Life, James G. Dwyer

James G. Dwyer

No abstract provided.


Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer Sep 2019

Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer

James G. Dwyer

No abstract provided.


Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer Sep 2019

Constitutional Birthright: The State, Parentage, And The Rights Of Newborn Persons, James G. Dwyer

James G. Dwyer

State parentage laws, dictating who a newborn child's first legal parents will be, have been the subject of constitutional challenges in several U.S. Supreme Court and many lower court decisions. All of those decisions, however, have focused on constitutional rights of adults (especially unwed biological fathers) who wish to become, or to avoid becoming, legal parents. Neither courts nor legal scholars have considered whether the children have any constitutional rights that constrain legislatures and courts in deciding which adults will be their legal parents. If a state enacted a parentage law that said, for example, that any child born to …


Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer Sep 2019

Children's Interests In A Family Context - A Cautionary Note, James G. Dwyer

James G. Dwyer

No abstract provided.


Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer Sep 2019

Book Review Of The Best Interests Of The Child In Healthcare, James G. Dwyer

James G. Dwyer

No abstract provided.


Family Structure, Children, And Law, Vivian E. Hamilton Sep 2019

Family Structure, Children, And Law, Vivian E. Hamilton

Vivian E. Hamilton

No abstract provided.


An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales Jan 2019

An Act Respecting First Nations, Inuit And Métis Children, Youth And Families: Does Bill C-92 Make The Grade?, Naiomi Metallic, Hadley Friedland, Aimée Craft, Jeffery Hewitt, Sarah Morales

Reports & Public Policy Documents

On Thursday, February 28, 2019, the federal government introduced Bill C-92, An Act respecting First Nations, Métis and Inuit children, youth and families for first reading. After many years of well documented discrimination against Indigenous children, there is much hope in this legislative process to reverse this trend, empower Indigenous peoples to reclaim jurisdiction in this area, and ensure the rights of children are affirmed. To realize those hopes, we have drafted this analysis with the aim to improve the current legislation as it moves through committee and the Senate.


The Promise And Pitfalls Of C-92: An Act Respecting First Nations, Inuit, And Métis Children, Youth And Families, Naiomi Metallic, Hadley Friedland, Sarah Morales Jan 2019

The Promise And Pitfalls Of C-92: An Act Respecting First Nations, Inuit, And Métis Children, Youth And Families, Naiomi Metallic, Hadley Friedland, Sarah Morales

Reports & Public Policy Documents

On June 21, 2019, Bill C-92 An Act Respecting First Nations, Inuit and Métis Children, Youth and Families became law. The Bill is a huge and unprecedented step forward in Canada. It is the first time the federal government has exercised its jurisdiction to legislate in the area of Indigenous child welfare.

In this article, we identify both the improvements in Bill C-92 since our last report as well as key problems that remain in the five following areas: 1) National Standards 2) Jurisdiction 3) Funding 4) Accountability 5) Data Collection We also suggest strategies to assist Indigenous communities in …


Pennsylvania’S Need For Permanency: An Argument In Support Of Workable Standards For Representing Children In Involuntary Termination Of Parental Rights Proceedings, Anne M. Bingaman Jan 2019

Pennsylvania’S Need For Permanency: An Argument In Support Of Workable Standards For Representing Children In Involuntary Termination Of Parental Rights Proceedings, Anne M. Bingaman

Dickinson Law Review (2017-Present)

In cases of child abuse and neglect, Pennsylvania’s dependency laws both empower courts to act to protect the child and offer opportunities to bolster the parent-child relationship. However, when courts determine that maintenance of the parent-child relationship is not in the child’s best interest, termination of parental rights proceedings play an essential role in freeing the child for adoption.

Pennsylvania’s General Assembly has recognized that termination proceedings are both a necessary mechanism for permanency and a significant intrusion in the life of a child. As a result, the General Assembly enacted 23 PA. CONST. STAT. § 2313(a), a provision in …


Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz Jan 2018

Hb 359 - Power Of Attorney, Roma A. Amin, Catherine V. Schutz

Georgia State University Law Review

The bill would have repealed and replaced Georgia’s Power of Attorney for the Care of a Minor Child Act. The category of people who could be given power of attorney for the care of a minor child would have expanded from only grandparents and great-grandparents to a broad category of the child’s relatives, and anyone associated with a non-profit organization focused on child or family services or a licensed child-placing agency.


A Human Right To Self-Government Over First Nation Child And Family Services And Beyond: Implications Of The Caring Society Case, Naiomi Metallic Jan 2018

A Human Right To Self-Government Over First Nation Child And Family Services And Beyond: Implications Of The Caring Society Case, Naiomi Metallic

Articles, Book Chapters, & Popular Press

English Abstract

On January 26, 2016, the Canadian Human Rights Tribunal (the “Tribunal”) released a watershed decision in a complaint spearheaded by the First Nations Child and Family Caring Society of Canada, headed by Dr. Cindy Blackstock, and the Assembly of First Nations (the “Caring Society” decision). The complaint alleged that Canada, through its Department of Indigenous and Northern Affairs (“INAC” or the “Department”), discriminates against First Nations children and families in the provision of child welfare services on reserve. In its decision, the Tribunal found that INAC’s design, management and control of child welfare services on reserve, along with …


A Human Right To Self-Government Over First Nation Child And Family Services And Beyond: Implications Of The Caring Society Case, Naiomi Metallic Jan 2018

A Human Right To Self-Government Over First Nation Child And Family Services And Beyond: Implications Of The Caring Society Case, Naiomi Metallic

Articles, Book Chapters, & Popular Press

On January 26, 2016, the Canadian Human Rights Tribunal (the “Tribunal”) released a watershed decision in a complaint spearheaded by the First Nations Child and Family Caring Society of Canada, headed by Dr. Cindy Blackstock, and the Assembly of First Nations (the “Caring Society” decision). The complaint alleged that Canada, through its Department of Indigenous and Northern Affairs (“INAC” or the “Department”), discriminates against First Nations children and families in the provision of child welfare services on reserve. In its decision, the Tribunal found that INAC’s design, management and control of child welfare services on reserve, along with its funding …


Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig Jan 2017

Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig

Journal Articles

While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and gender …


The Impact Of Liberal Ideology On Child Protection Reform, Cassie Statuto Bevan Mar 2016

The Impact Of Liberal Ideology On Child Protection Reform, Cassie Statuto Bevan

William & Mary Bill of Rights Journal

No abstract provided.


How The Liberati Sabotaged Child Welfare, David Stoesz Mar 2016

How The Liberati Sabotaged Child Welfare, David Stoesz

William & Mary Bill of Rights Journal

No abstract provided.


Why The American Child Welfare System Is Not Child Centered, Richard J. Gelles Mar 2016

Why The American Child Welfare System Is Not Child Centered, Richard J. Gelles

William & Mary Bill of Rights Journal

No abstract provided.


Thoughts On The Liberal Dilemma In Child Welfare Reform, Elizabeth Bartholet Mar 2016

Thoughts On The Liberal Dilemma In Child Welfare Reform, Elizabeth Bartholet

William & Mary Bill of Rights Journal

No abstract provided.


Child Protection’S Parental Preference, Daniel Heimpel Mar 2016

Child Protection’S Parental Preference, Daniel Heimpel

William & Mary Bill of Rights Journal

No abstract provided.


Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer Mar 2016

Diagnosing Liberal Resistance To Needed Child Welfare Reforms, James G. Dwyer

William & Mary Bill of Rights Journal

No abstract provided.


The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P Jan 2016

The Overrepresentation Of Lesbian, Gay, Bisexual, Questioning, Gender Nonconforming And Transgender Youth Within The Child Welfare To Juvenile Justice Crossover Population, Angela Irvine Ph.D., Aisha Canfield M.P.P

American University Journal of Gender, Social Policy & the Law

No abstract provided.