Family Law Commons^™

Development And Confirmatory Factor Analysis Of The Community Norms Of Child Neglect Scale, Rebecca Goodvin, David R. Johnson, Sam A. Hardy, Michelle Graef, Jeff M. Chambers

Center on Children, Families, and the Law: Faculty Publications

This article describes the development of the Community Norms of Child Neglect Scale (CNCNS), a new measure of perceptions of child neglect, for use in community samples. The CNCNS differentiates among four subtypes of neglect (failure to provide for basic needs, lack of supervision, emotional neglect, and educational neglect). Scenarios ranging in seriousness for each subtype were presented to a large community sample (N = 3,809). Confirmatory factor analyses indicated that a four-factor model provided a better fit to the data than did a model specifying only one overall neglect factor, suggesting this sample distinguished among the four subtypes of …

Guide For Foster Parents And Relative Caregivers: Understanding The Nebraska Juvenile Court, Jennifer Conner

Center on Children, Families, and the Law (and Related Organizations): Publications

Table of Contents:

The Basics
Common Questions
Rights
Resources
The Court Process
Detention Hearing
Adjudication Hearing
Disposition Hearing
Review Hearing
Permanency Hearing
Termination of Parental Rights
Who’s Involved
Judge
Caseworker
Guardian Ad Litem (GAL)
County Attorney
Court Appointed Special Advocate (CASA)
Foster Care Review Board
Important Names, Addresses and Phone Numbers
Judge
Caseworker
Child’s CASA Volunteer
Child’s GAL
Court Hearings
Responsibilities
Definitions of Common Terms

Nebraska Revised Statutes: Selected Provisions Pertaining To Child Welfare And Juvenile Justice, 2007 Edition

Center on Children, Families, and the Law (and Related Organizations): Publications

Table of Contents:

I. Duty and Power of DHHS Regarding the Protection of Children

II. General Social Services Provisions

III. Family Policy Act

IV. Child Abuse Mandatory Reporting Provisions

V. Central Register of Child Protection Cases and Child Fatality Information

VI. Child Abuse and Neglect Investigation and Treatment Teams

VII. Access to Information and Records

VIII. Nebraska Juvenile Code

IX. Foster Care

X. Nebraska Indian Child Welfare Act

XI. The Interstate Compact on the Placement of Children

XII. The Interstate Compact on Juveniles

XIII. Court Appointed Special Advocate Act

XIV. Juvenile Services Provisions:
A. Office of Juvenile Services [Health and …

How A Marriage Discrimination Amendment Would Disrespect Democracy In Minnesota, Anthony S. Winer

Faculty Scholarship

The proposed marriage discrimination amendment to the Minnesota Constitution is profoundly anti-democratic. It is extremely wide-ranging in its scope, it obliterates the opportunity of the LGBT community to legislatively advance its interests in the area, it falsely assumes characteristics of the state judiciary that do not in fact exist, and it is drafted with language that is particularly hostile to LGBT concerns and democracy in general. It was a triumph for reason and democracy that this amendment was defeated in 2006. It should never be introduced again. In the unfortunate event that it is introduced again, it should be resoundingly …

The Rise Of The Organizational Practice Of Child Welfare Law: The Child Welfare Law Office, Leslie Starr Heimov, Amanda George Donnelly, Marvin Ventrell

University of Colorado Law Review

No abstract provided.

Child Welfare Law Office Guidebook: Best Practice Guidelines For Organizational Legal Representation Of Children In Abuse, Neglect, And Dependency Cases, Colene Flynn Robinson

University of Colorado Law Review

No abstract provided.

A National Putative Father Registry, Wells Conference On Adoption Law, Mary M. Beck

Faculty Publications

This Article will discuss the mechanics of putative father registries, review jurisdictional issues, analyze the policies behind their development, and review relevant case law over the last 5 years.

From Right To Wrong: A Critique Of The 2000 Uniform Parentage Act, Mary P. Byrn

Faculty Scholarship

In 1973, the National Conference of Commissioners on Uniform State Laws (the Conference) proposed a Uniform Parentage Act (UPA) that radically changed how parentage was determined in the United States. Prior to 1973, the parentage laws of most states failed to identify two legal parents for thousands of children merely because their parents were not married. These "illegitimate" children were considered a "child of no one" under the law and were denied the significant emotional, financial, and legal benefits of having two legal parents. By the early 1970s, however, the conference recognized that such treatment of children was becoming scientifically, …

The Good, The Bad & The Ugly - A New Way Of Looking At The Intercountry Adoption Debate, Jena Martin

Faculty Articles

The two sides of the intercountry adoption debate seem worlds apart. Proponents view international adoption as an effective solution to stop the proliferation of institutionalized and street orphans across the globe. To them, intercountry adoption is a panacea-offering a potential solution to such diverse issues as children orphaned after war and disaster; adults who are unable to conceive; global intolerance; and the limited resources of developing nations. On the other hand, critics of intercountry adoptions view it as modem-day imperialism, allowing dominant, developed cultures to strip away a developing country's most precious resources, its children. Moreover, the view one holds …

A Law Guardian By The Same Name: A Response To Professor Guggenheim's Matrimonial Commission Critique, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

I commence this article with a discussion of the statutory provisions governing the appointment and responsibilities of attorneys who represent children in New York. Part II briefly outlines the chronological implementation from initial enactment through the Matrimonial Commission Report, a period spanning forty-five years. Parts III and IV explore the specific nature of child custody representation and the relationship between the attorney and the child client during the course of a frequently lengthy proceeding. Last, the Commission's conclusions and recommendations are critiqued in Parts V and VI.

The State Of The Law Of Protecting And Securing The Rights Of Same-Sex Partners In Illinois Without Benefit Of Statutory Rights Accorded Heterosexual Couples, Richard A. Wilson

Loyola University Chicago Law Journal

No abstract provided.

The Moral Reasoning Of Family Law: The Case Of Same-Sex Marriage, Helen M. Alvaré

Loyola University Chicago Law Journal

No abstract provided.

Multiple Parents/Multiple Fathers, Nancy E. Dowd

UF Law Faculty Publications

Multiple parents, especially multiple fathers, are a social reality but not a legal category. The assumption that every child has, or should have, two, but only two, parents remains a core operating assumption of family law. Yet at the same time, our knowledge of the existence of multiple fathers, whether birthfathers, stepfathers, psychological fathers or other categories, has found some reflection in cases that have granted some relational rights to fathers who do not fill the single place allotted for "legal father." In this Article, Professor Dowd proposes that it is time to think not if, but how, to recognize …

The Only Americans Legally Prohibited From Knowing Who Their Birth Parents Are: A Rejection Of Privacy Rights As A Bar To Adult Adoptees' Access To Original Birth And Adoption Records, Susan Whittaker Hughes

Cleveland State Law Review

Sadly, adult adoptees in America must confront the reality that, in most states, their right to access their original birth and adoption records is a very narrow right statutorily granted only to those who can show good cause. Part II of this paper will explore the reasons why adult adoptees search for information regarding their biological origins and the history of adult adoptees' access to original birth and adoption records. Part III will give a brief overview of the concept of constitutional privacy and discuss the several categories of privacy currently recognized in American law and the relationship between privacy …

Military Disability Election And The Distribution Of Marital Property Upon Divorce, Michael T. Flannery

Law Faculty Scholarship

No abstract provided.

The In-Between Places Where Children Are Socialized, Anne Dailey

Faculty Articles and Papers

In Between Home and School, Professor Rosenbury makes a splendid contribution to the emerging legal scholarship on the influence of cultural contexts on children's socialization. Scholars in this field have begun to study the effects on children of the media, peer relationships, civic institutions, and early caregiving environments. Professor Rosenbury's is a bold new voice in this genre offering a normative paradigm of space to replace the traditional dyadic model of state-parent authority over children. At the heart of the spatial paradigm is the view that in-between spaces socialize children in ways that differ both procedurally and substantively from the …

Kramer Vs. Kramer Revisited: A Comment On The Miller Commission Report And The Obligation Of Divorce Lawyers For Parents To Discuss Alternative Dispute Resolution With Their Clients, Andrew Schepard

Hofstra Law Faculty Scholarship

The 2006 Report of New York State's Matrimonial Commission to Chief Judge Kaye (commonly know as the Miller Commission Report) recommended that New York begin to incorporate alternative dispute resolution into the State's fragmented and adversarial divorce system. This Comment argues that it should have more strongly recommended that divorce lawyers be mandated to discuss alternative dispute resolution, particularly mediation, with parent-clients before filing suit.

The Comment begins by describing the advice given to a parent client in the movie Kramer vs. Kramer and argues that that advice constitutes zealous advocacy as famously described by Henry Lord Brougham in Queen …

The Road Goes On Forever And The Party Never Ends': A Response To Judge Tacoma's Prescription For A Return To Foster Care 'Limbo' And 'Drift', Frank E. Vandervort

Articles

This article responds to Judge Tacoma’s suggested changes in Michigan law. It begins with a very brief history of child welfare legislation at the federal and state levels. Next, it points out a number of errors in Judge Tacoma’s understanding of the current state of Michigan’s child welfare law.2 It is necessary to point out these errors because it seems that his misstatements of the law form the foundation for his recommended reforms. Then it will respond point-by-point to many of Judge Tacoma’s recommendations. Finally, I will off er several suggestions for addressing the problem of legal orphans that do …

Angelina And Madonna: Why All The Fuss? An Exploration Of The Rights Of The Child And Intercountry Adoption Within African Nations, Veronica S. Root

Faculty Scholarship

No abstract provided.

Neither Dyad Nor Triad: Children’S Relationship Interests Within Kinship Caregiving Families., Sacha M. Coupet

Faculty Publications & Other Works

No abstract provided.

Some Personal Aspects Of End-Of-Life Decisionmaking, James L. Werth Jr.

University of Miami Law Review

No abstract provided.

Palmore Comes Of Age: The Place Of Race In The Placement Of Children, David D. Meyer

Faculty Scholarship

No abstract provided.

The Geography Of Family Privacy, David D. Meyer

Faculty Scholarship

No abstract provided.

Some Reflections About Three Decades Of Working With Incarcerated Mothers, Philip Genty

Faculty Scholarship

Almost thirty years ago I was a second-year student in a law school clinic. I was making my first legal visit to a prison. My client, whom I will call "Dina," was meeting me to talk about some visitation issues with her young son. When she came into the visiting room she was poised and professional in demeanor. She began to explain that her son was being cared for by his paternal grandmother. The grandmother was unwilling to bring him to the prison to see her. As a result Dina had not seen her son for several months. Suddenly, and …

Controlling Family Shareholders In Developing Countries: Anchoring Relational Exchange, Ronald J. Gilson

Faculty Scholarship

In recent years, corporate governance scholarship has begun to focus on the most common distribution of public corporation ownership: outside of the United States and the United Kingdom, publicly owned corporations often have a controlling shareholder. The presence of a controlling shareholder is especially prevalent in developing countries. In Asia, for example, some two-thirds of public corporations have one, most of whom represent family ownership. The law and finance literature, exemplified by a series of articles by Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer, Robert Vishny and others, treats the prevalence of controlling shareholders as the result of bad law; …

A World Without Marriage, Elizabeth S. Scott

Faculty Scholarship

The legal status of marriage has become the focus of a great deal of controversy in recent years. Social and religious conservatives have voiced alarm at the decline of marriage in an era in which divorce rates are high and increasing numbers of people live in nonmarital families. For these advocates, social welfare rests on the survival (or revival) of traditional marriage. Meanwhile, critics from the left argue that marriage as the preferred and privileged family form will (and should) soon be a thing of the past. Some feminists, such as Martha Fineman and Nancy Polikoff, want to abolish legal …

Ensuring Effective Representation Of Parents In Dependency And Neglect Cases, Clare Huntington

Faculty Scholarship

Since 2005, the Colorado Supreme Court Respondent Parents' Counsel Task Force has been working to ensure the effective representation of parents in dependency and neglect proceedings. This article describes the work of the Task Force.

Mutual Dependency In Child Welfare, Clare Huntington

Faculty Scholarship

The child welfare system is in need of fundamental reform. To the great detriment of parents and children, in the current system the state waits for a crisis in a family and then intervenes in a heavy-handed fashion. The state pays scant attention to the prevention of child abuse and neglect. This Article argues that the principal conceptual barrier to the adoption of a prevention-oriented approach to child welfare is the dominant conception of family autonomy, which venerates freedom from state control. This Article proposes a novel reconception of family autonomy that encourages engagement with the state, rather than simply …

Procedural Injustice: How The Practices And Procedures Of The Child Welfare System Disempower Parents And Why It Matters, Vivek Sankaran, Itzhak Lander

Articles

Many of us appear surprised when families involved in the child protective system do not reunify. A parent’s path to reunification seems straightforward. Upon a finding of neglect, the court prescribes a basic regimen, typically consisting of parenting classes, counseling, drug testing, and a psychological evaluation, that a parent must fulfill prior to having the child returned to his/her custody. If a parent successfully completes these seemingly minimal requirements, the law requires reunification unless the return poses a “substantial risk of harm” to the child. With such high stakes involved, a clearly defined path for success, and the prospect of …

Subverting The Marriage-Amendment Crusade With Law And Policy Reform, Anita Bernstein

Faculty Scholarship

No abstract provided.