Exploring The Dynamics And Outcomes Of Family Engagement In Child Welfare Services: A Structural Equation Modeling Approach,
2025
University of California, Los Angeles
Exploring The Dynamics And Outcomes Of Family Engagement In Child Welfare Services: A Structural Equation Modeling Approach, Jianchao Lai, Michelle Graef, Todd Franke
Center on Children, Families, and the Law: Faculty Publications
Background: Engaging families effectively in child welfare services remains a persistent challenge, shaped by complex interactions between agency practices and family circumstances. While existing research has explored this issue, it has predominantly relied on data from agency and caseworker perspectives, often overlooking the crucial viewpoint of the families. Objectives: This study investigates families’ subjective experiences and perceptions within the child welfare system, focusing on their satisfaction with child welfare workers and overall engagement. Methods: The study draws on data collected through an evaluation of the implementation of Alternative Response in a Midwestern state. Agency administrative data is integrated with additional …
What's In A Name? Policing, Juliet.,
2025
University of Georgia School of Law
What's In A Name? Policing, Juliet., Shanée Brown
Scholarly Works
Child welfare" and "child protection" are misnomers. These terms do not accurately depict the investigatory nature of the system purported to help families, or at the very least, save endangered children. Contrary to public opinion, the "child welfare system" comprises of state actors who police parents and children. It is the naming of this system that convinces the public that these agencies are excised from the category of law enforcement, persuading many that the agencies engage in social work and not police work. Calling the system what it really is-family policing-is a step toward achieving justice for families adversely impacted …
The Kincare Craze In Child Protection: Romanticism, Subterfuge, And Racial Separatism,
2025
William and Mary School of Law
The Kincare Craze In Child Protection: Romanticism, Subterfuge, And Racial Separatism, James G. Dwyer
FIU Law Review
A deluge of federal and state legislation in recent years aims to channel maltreated children removed from parents’ custody into kin placements, responding to advocates for parents who claim this is categorically better for children than entering or remaining in foster care with biologically unrelated caregivers. The claim has romantic appeal, sufficient to beguile legislators. But the research on outcomes for children in different post-removal placements does not support it. In reality, motivations other than child welfare underlie the advocacy for this legislation. The core aim is to evade federal child-welfare mandates adopted in the 1990s and long condemned by …
Promoting Public Health And Public Safety By Ending The Exclusion Of Incarcerated Children From Access To Medicaid,
2025
Georgetown University Law Center
Promoting Public Health And Public Safety By Ending The Exclusion Of Incarcerated Children From Access To Medicaid, Eduardo R. Ferrer
Georgetown Law Faculty Publications and Other Works
This essay is a response to Professor Den Houter's article entitled Children are Not Inmates in which she effectively calls eliminating the exclusion of indigent incarcerated children from Medicaid coverage pursuant to the Medicaid Inmate Exclusion Policy (MIEP). This essay affirms and builds upon Professor Den Houter's recommendation. Part I of this response provides additional support for why ensuring system-involved youth receive timely, uninterrupted, high-quality behavioral health services is critical to improving both public health and public safety. Part II analyzes the benefits and risks attendant to excluding indigent incarcerated children from the MIEP. Part III proposes the implementation of …
De/Reconstructing Delinquency,
2025
Georgetown University Law Center
De/Reconstructing Delinquency, Eduardo R. Ferrer
Georgetown Law Faculty Publications and Other Works
Hundreds of thousands of children are brought under the jurisdiction of delinquency courts every year in the United States. Despite the reality that most children engage in delinquent behavior during their adolescence, poor children, children of color, children with disabilities, and children who identify as LGBTQIA+ comprise a disproportionate number of those who become delinquency system-involved. These disparities exist by design. Their origins can be traced back to the flawed first principles upon which the juvenile court was built and, specifically, to the unduly expansive legal definition of delinquency that has undergirded the jurisdiction and power of the juvenile court …
Trauma-Informed Courts? How Judges May Influence Kids’ Experiences Of Court,
2025
Duke Law School
Trauma-Informed Courts? How Judges May Influence Kids’ Experiences Of Court, Eva Mckinsey, Amelia Ashton Thorn, Minjee Kristin Kim, Catherine Gorey
Faculty Scholarship
No abstract provided.
Culpable Kids,
2025
The Catholic University of America, Columbus School of Law
Culpable Kids, Cara H. Drinan
Scholarly Articles
When a child commits a crime, how do states determine if that child is culpable? There are procedural rules that determine the forum for a minor’s trial and doctrines that limit children’s exposure to the most severe sentencing. But when it comes to culpability, states employ the same substantive law whether the defendant is 50 or 15. As this Article explains, that approach is profoundly flawed. In the early 21st century, in a series of cases known as the Miller trilogy, the United States Supreme Court established that youth are fundamentally different from adults and state sentencing practices must recognize …
Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions,
2024
Brigham Young University Law School
Into The Sunset: Divorcing Families Need Their Slice Of The Tcja Reversions, John C. Mcdonald
BYU Law Review
On its path to sufficiently offsetting its major cut to the corporate income tax rate in 2017, Congress turned to a surprising source for funds: the alimony support payments of recently divorced families. Alimony’s inclusion/deduction regime in §§ 71 and 215 of the Code allowed divorcing couples to reach mutually beneficial divorce agreements for over half a century until it was unceremoniously repealed by the Tax Cuts and Jobs Act of 2017 with a striking lack of satisfying legislative justifications. This Note suggests that in evaluating the impact of the repeal, Congress and others have failed to consider an important …
It Takes A Village: Why And How Georgia Should Afford Greater Protection To Juveniles During Police Interrogations,
2024
Mercer University School of Law
It Takes A Village: Why And How Georgia Should Afford Greater Protection To Juveniles During Police Interrogations, Lillie Tate Andrews
Mercer Law Review
On June 27, 1998, Lori Duniver discovered that her five-year-old daughter, Devan, was missing from her home in New Philadelphia, Ohio. The following day, Devan’s body was found in a wooded area near her home. The Duniver family’s twelve-year-old neighbor, Anthony Harris, was ultimately convicted of Devan’s murder and sentenced to a term of incarceration to last until his twenty-first birthday. However, on June 7, 2000, the Court of Appeals of Ohio reversed his conviction on the ground that the juvenile court had improperly denied a motion to suppress his confession, which was coerced in violation of his Fifth Amendment …
Regulating Social Media Through Family Law,
2024
Boston University School of Law
Regulating Social Media Through Family Law, Katharine B. Silbaugh, Adi Caplan-Bricker
Faculty Scholarship
Social media afflicts minors with depression, anxiety, sleeplessness, addiction, suicidality, and eating disorders. States are legislating at a breakneck pace to protect children. Courts strike down every attempt to intervene on First Amendment grounds. This Article clears a path through this stalemate by leveraging two underappreciated frameworks: the latent regulatory power of parental authority arising out of family law, and a hidden family law within First Amendment jurisprudence. These two projects yield novel insights. First, the recent cases offer a dangerous understanding of the First Amendment, one that should not survive the family law reasoning we provide. First Amendment jurisprudence …
The Rise And Eventual Fall Of El Salvador’S Mano Dura,
2024
University of Miami School of Law
The Rise And Eventual Fall Of El Salvador’S Mano Dura, Margo Jarjoura
University of Miami Inter-American Law Review
No abstract provided.
Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024),
2024
University of Johannesburg
Innocence Lost: The Dangers Of Life Imprisonment For Children At Whose Pleasure: D.B. (A Juvenile) V. The People [2024] Zmca 339 (18 December 2024), Samantha Smit, Louis Koen
SAIPAR Case Review
This piece examines the Zambian Court of Appeal's decision to overturn a life imprisonment sentence imposed on juvenile offenders, replacing it with detention ‘at the President's pleasure.’ The commentary explores the legal implications of this discretionary sentence, drawing parallels with similar controversies in other African jurisdictions, particularly Kenya, where such sentences have been criticized for undermining constitutional rights and the doctrine of separation of powers. The authors argue that ‘detention at the President's pleasure’ can effectively amount to an indefinite sentence, raising concerns about the uncertainty of imprisonment duration for child offenders. They suggest that the Zambian court missed an …
Kindly Remove My Child From The Bubble Wrap - Analyzing Childress V. Madison County And Why Tennessee Courts Should Enforce Parental Pre-Injury Liability Concerns,
2024
University of Tennessee College of Law
Kindly Remove My Child From The Bubble Wrap - Analyzing Childress V. Madison County And Why Tennessee Courts Should Enforce Parental Pre-Injury Liability Concerns, Joshua D. Arters, Ben M. Rose
Tennessee Journal of Law and Policy
“I overstepped my parental boundaries at the Aiguille Rock Climbing Center . . . . I signed a waiver absolving it of blame if my daughter pulled a Humpty Dumpty from the top of a wall. The Florida Supreme Court recently ruled I didn't have that right. I can make all kinds of decisions for my girl, including life-and-death calls on medical care. But I can’t judge the risk she will take scaling a 20-foot wall and decide it is so miniscule that I’m willing to sign a waiver so she can do it—not even if I’m holding the safety …
In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl,
2024
University of Tennessee College of Law
In Re: Tennessee Supreme Court Rule 40a No. M2009-01926-Sc-Rl2-Rl, The Supreme Court Of Tennessee
Tennessee Journal of Law and Policy
No abstract provided.
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings,
2024
University of Tennessee College of Law
No Champion For Children: Tennessee's Rule 40a And The Appointment Of Guardians Ad Litem In Custody Proceedings, Austin Elizabeth Kupke
Tennessee Journal of Law and Policy
No abstract provided.
Is Parenting Authority A Usurpation Of Judicial Authority? Harmonizing Authority For, Benefits Of, And Limitations On This Legal-Psychological Hybrid,
2024
Faulkner University
Is Parenting Authority A Usurpation Of Judicial Authority? Harmonizing Authority For, Benefits Of, And Limitations On This Legal-Psychological Hybrid, Joi T. Montiel
Tennessee Journal of Law and Policy
A “Parenting Coordinator” assists high-conflict parents in resolving disputes that arise in the parents’ efforts to jointly parent their children after a divorce. The Parenting Coordinator simultaneously educates the parents so as to minimize the degree and frequency of future conflict. While Parenting Coordination is not mediation or arbitration, it is also not counseling. Instead, Parenting Coordination is a “legal-psychological hybrid.” A trial court’s delegation to one in this hybrid role the power to determine a fit parent’s access to her child is arguably an improper delegation of judicial authority. While thirteen states have comprehensive schemes setting out their Parenting …
Panel Discussion 4: Best Practices In Representing Children In Court,
2024
University of Tennessee College of Law
Panel Discussion 4: Best Practices In Representing Children In Court, Timothy Irwin, Carlton Lewis, Dwight Stokes
Tennessee Journal of Law and Policy
No abstract provided.
Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth,
2024
University of Cincinnati College of Law
Rehabilitation Over Retribution: Rethinking Juvenile Justice For Traumatized Youth, Brian L. Traub
University of Cincinnati Law Review
No abstract provided.
Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action,
2024
Schulich School of Law, Dalhousie University
Reforming Nova Scotia's Secure Care Model: Gender Bias And Calls To Action, Abby Metcalf
Dalhousie Journal of Legal Studies
The following paper is a critical analysis of Nova Scotia’s secure care model which is legislated under ss. 55-56 of the Children and Family Services Act. Under these provisions, children who are in the care of the Minister of Community Services or Mi’kmaw Family & Children’s Services of Nova Scotia may be confined against their will at the Wood Street Centre in Truro, Nova Scotia. This paper makes two critical arguments. The first is that the legislation concerning secure care in this province is notably overbroad, leaving children who are in crisis vulnerable to being subjected to what is …
A Global Comparison Of Communication Intervention Strategies For Justice-Involved Youth,
2024
Old Dominion University
A Global Comparison Of Communication Intervention Strategies For Justice-Involved Youth, Sophia Janeiro Martinez
OUR Journal: ODU Undergraduate Research Journal
Purpose: This paper explores the intricate relationship between communication disorders and delinquent youth behavior. It will explore the detrimental impact of zero-tolerance policies and their contribution to the school-to-prison pipeline. It will introduce issues, such as complex Miranda warning diction, and the benefits of including speech-language pathologists (SLPs) to aid in youth comprehension. Additionally, it will propose the integration of SLPs within the juvenile justice system to assist in communication between justice-involved youth (JIY) and justice professionals during conversations, questioning, and trials or hearings. Furthermore, this paper examines the roles of SLPs within juvenile justice systems abroad, including Canada, …
