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Articles 511 - 540 of 705
Full-Text Articles in Family Law
Protecting Abused, Neglected, And Abandoned Children: A Proposal For Provisional Out-Of-State Kinship Placements Pursuant To The Interstate Compact On The Placement Of Children, John C. Lore Iii
University of Michigan Journal of Law Reform
The Interstate Compact on the Placement of Children deals with the interstate placement of abused, neglected and abandoned children. This article addresses the critical need for reform of the Interstate Compact and attempts to tackle its most serious flaw-the lack of a provisional placement for children awaiting approval of out-of-state kinship placements. The recently enacted Safe and Timely Interstate Placement of Foster Children Act of 2006 (the "Act") is seriously flawed to the detriment of one of our country's most vulnerable groups and the very population it is designed to protect-children who have been abused, neglected and abandoned. This article …
Parental Consent And Notification Laws In The Abortion Context: Rejecting The "Maturity" Standard In Judicial Bypass Proceedings, Anna Bonny
ExpressO
The choice to become a parent, to give a baby up for adoption, or to terminate a pregnancy presents a life-altering decision for a minor. The majority of states require minors to engage their parents or legal guardians in their choice to obtain an abortion, but not in decisions to give their babies up for adoption or to become parents. Though the Supreme Court has held that parental consent and notification laws do not infringe on a minor's constitutional rights if judicial bypass options are available, the reality of these judicial proceedings demonstrates a biased and unworkable legal avenue. Even …
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring
UIC Law Review
No abstract provided.
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
Blue Mourning: Postpartum Psychosis And The Criminal Insanity Defense, Waking To The Reality Of Women Who Kill Their Children, 39 J. Marshall L. Rev. 515 (2006), Jessica Butterfield
UIC Law Review
No abstract provided.
No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness
No Genetic Ties, No More Fathers: Voluntary Acknowledgment Rescissions And Other Paternity Disestablishments Under Illinois Law, 39 J. Marshall L. Rev. 1295 (2006), Jeffrey A. Parness
UIC Law Review
No abstract provided.
The Rights Of Putative Fathers To Their Infant Children In Contested Adoptions: Strengthening State Laws That Currently Deny Adequate Protection, Robbin Pott Gonzalez
The Rights Of Putative Fathers To Their Infant Children In Contested Adoptions: Strengthening State Laws That Currently Deny Adequate Protection, Robbin Pott Gonzalez
Michigan Journal of Gender & Law
This paper argues that states need to strengthen protection of putative fathers' rights to their infant children when the mother wishes for the child to be adopted. Part I frames the discussion around established parental rights through constitutional case law. To do this, the paper addresses both the Supreme Court's parental rights doctrine and its biology-plus doctrine, which requires unwed fathers to show that in addition to being the biological father they also have taken responsibility for their children. Part II describes common state statutes that affect putative fathers, including putative father registries, safe haven laws, and laws granting custody …
But I Didn't Do Anything Wrong: Revisiting The Rights Of Non-Offending Parents In Child Protection Proceedings, Vivek Sankaran
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.
Perpetuating The Impermanence Of Foster Children: A Critical Analysis Of Efforts To Reform The Interstate Compact On The Placement Of Children, Vivek Sankaran
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
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?
Out Of State And Out Of Luck: The Treatment Of Non-Custodial Parents Under The Interstate Compact On The Placement Of Children, Vivek Sankaran
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 …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker
Are State Marriage Amendments Bills Of Attainder?: A Case Study Of Utah's Amendment Three, Daniel H. Walker
BYU Law Review
No abstract provided.
Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center
Comparative Chart Of California’S Leave And Wage Replacement Laws, Workplace Flexibility 2010, Georgetown University Law Center
Charts and Summaries of State, U.S., and Foreign Laws and Regulations
No abstract provided.
'Til Death Do Us Part ... After That, My Dear, You're On Your Own: A Practitioner's Guide To Disinheriting A Spouse In Illinois, 29 S. Ill. U. L.J. 207 (2005), Ronald Z. Domsky
'Til Death Do Us Part ... After That, My Dear, You're On Your Own: A Practitioner's Guide To Disinheriting A Spouse In Illinois, 29 S. Ill. U. L.J. 207 (2005), Ronald Z. Domsky
UIC Law Open Access Faculty Scholarship
No abstract provided.
For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr
For The Well-Being Of Minnesota’S Foster Children: What Federal Legislation Requires, Gail Chang Bohr
William Mitchell Law Review
This article will discuss the federal legislation and regulations—ASFA and CFSR—that hold the states accountable for the health and well-being of children and adolescents in foster care. This article will also discuss how the Early Periodic Screening Diagnosis and Treatment (EPSDT) program, the comprehensive health care services that states are required to provide through Medicaid, is used to address the health and wellbeing of children and adolescents in foster care. Critical to a discussion on the well-being of foster youth is the Chafee Foster Care Independence Act of 1999 that emphasized the states’ responsibility to ensure that youth in foster …
The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady
The State, Cherokee Nation, And Same-Sex Unions: In Re: Marriage License Of Mckinley & Reynolds, Christopher L. Kannady
American Indian Law Review
No abstract provided.
In Re M.J.J., J.P.L., & J.P.G: The "Qualified Expert Witness" Requirements Of The Indian Child Welfare Act, Paul David Kouri
In Re M.J.J., J.P.L., & J.P.G: The "Qualified Expert Witness" Requirements Of The Indian Child Welfare Act, Paul David Kouri
American Indian Law Review
No abstract provided.
Family And Juvenile Law, Robert E. Shepherd Jr.
Family And Juvenile Law, Robert E. Shepherd Jr.
University of Richmond Law Review
No abstract provided.
Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring
Foster Care Placement: Reducing The Risk Of Sibling Incest, David J. Herring
University of Michigan Journal of Law Reform
The Westermarck theory maintains that incest avoidance arises from the physical proximity of siblings during a critical period of early childhood. This proximity gives rise to an inhibiting effect on post childhood sexual interest. Two recent studies of sibling relationships have verified and refined the Westermarck theory, indicating that the critical period extends through the first four years of childhood. The theory and the studies have implications for child welfare laws, policies and practices surrounding the placement of siblings in foster care. Namely, the findings provide powerful reasons for placing siblings together during the critical period in order to minimize …
Foreword, Byron L. Warnken
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
Five Critical Issues In New York’S Grandparent Visitation Law After Troxel V. Granville, Stephen A. Newman
NYLS Law Review
No abstract provided.
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
Applying Twenty-Five Years Of Experience: The Iowa Indian Child Welfare Act, Kirk Albertson
American Indian Law Review
No abstract provided.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
No abstract provided.
Nunn V. Allen, Living Separate And Apart In North Carolina, Separation Agreements, Sex, The Meaning Of Unmarried, And Liability Of Third Parties, Paulette Benz
North Carolina Central Law Review
No abstract provided.
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
From Presumed Fathers To Lesbian Mothers: Sex Discrimination And The Legal Construction Of Parenthood, Susan E. Dalton
Michigan Journal of Gender & Law
In Part I of this article, Dalton briefly reviews the way legal scholars commonly define sex-based discrimination, particularly as it pertains to issues of reproduction. Part II is a brief historical review of legal constructions of parenthood. In Part III, Dalton examines two legal concepts: retroactive legitimation and presumed fatherhood. Both concepts were introduced in 1872 and each independently encouraged judges to think of fatherhood as consisting of two distinct spheres, the biological and the social. She then traces the legal development of these concepts through a series of presumed father, retroactive legitimation, and putative father cases. In Part IV …
Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright
Covenant Marriage Turns Five Years Old, Steven L. Nock, Laura Sanchez, Julia C. Wilson, James D. Wright
Michigan Journal of Gender & Law
Part I of this article discusses public policy rationales behind covenant marriage legislation, describes relevant aspects of Louisiana's legislation, and summarizes the efforts of other states to enact covenant marriage legislation. Part II discusses methods of data collection and analysis and identifies the demographic characteristics of covenant married couples as opposed to standard married couples in Louisiana. Part III addresses the dynamics behind couples' choice to have a covenant versus standard marriage. Part IV is an analysis of couples' satisfaction with their marriage option and the gendered dynamics of different levels of satisfaction with the marital choice.
A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce
A Parent's Rights Under The Fourteenth Amendment: Does Kentucky's De Facto Custodian Statute Violate Due Process?, Elizabeth Ashley Bruce
Kentucky Law Journal
No abstract provided.
Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May
Social Reform For Kentucky's Judicial System: The Creation Of Unified Family Courts, Erin J. May
Kentucky Law Journal
No abstract provided.
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
University of Richmond Law Review
No abstract provided.
"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose
"Can We Go Home Now?" Expediting Adoption And Termination Of Parental Rights Appeals In Ohio State Courts, Susan C. Wawrose
The Journal of Appellate Practice and Process
No abstract provided.