March 2009 Archives

More on the criminal prosecution of the 14 year old NJ girl who posted 30 nude images to her MySpace account:

A key hurdle for prosecutors is that technology has outpaced the legal system. Most states don't have laws specifically addressing teens who transmit explicit images, a practice sometimes referred to as "sexting."

The only New Jersey laws applicable to the Clifton case are those designed for sexual predators and child pornography traffickers, said Parry Aftab, executive director of the nonprofit group WiredSafety.org.

Nonetheless, the consequences could be serious. If convicted of distributing child pornography, the 14-year-old could be forced to register with the state as a sex offender under Megan's Law.

Yet the mere prospect of invoking Megan's Law troubles some legal scholars and children's advocates. They say a statute for serial child molesters should not be used to punish an indiscreet teen who gets carried away with high-tech flirting.

The teen was charged with child pornography and distribution of child pornography, then released to her mother. The girl faces up to 17 years in jail.

David Wald, a spokesman for state Attorney General Anne Milgram, said prosecutors have been instructed to proceed cautiously.

Paula Dow, the Essex County prosecutor, said prosecutors across the state plan to work with the state Attorney General's Office to determine how best to treat these cases. But authorities will not take the problem lightly, she said.

"There will be very serious consequences," said Dow, president of the County Prosecutors Association of New Jersey.

Complete coverage in the New Jersey Star-Ledger.

How lawyers help kids: Children's Law Center's Health Advocacy Project makes a real difference in children's lives Link

Commentator Ashleigh Banfield demands harsh felony prison terms for teens caught sexting, is she the only one? Link

Whether it's just a fad or something more, the sexting issue continues to make headline news. Here's an interesting twist to the teen craze from where else but Pennsylvania.

Today, child porn advocates from the ACLU of PA will ask a federal judge in Scranton to issue an injunction to protect three teenage girls from the threat of criminal charges for using their cell phones to take and send semi-nude images of themselves.

The suit accuses the Wyoming County DA of violating the three girls' First Amendment rights and seeks a court declaration that the images "are not child pornography or any other crime."

Last fall we published a definitive statement on Masha Allen's pending wrongful adoption litigation, publicly expressing a long-held concern that "a traumatized, abused and exploited child like Masha needs a competent and independent decision maker to protect her legal rights and guard her pecuniary well being."

Now Masha's third attorney in three years, high-powered litigator Robert N. Hunn, is withdrawing from representing her citing "Irreconcilable differences" with Masha's mother Faith Allen. According to Hunn, "the irreconcilable differences have made it impossible for [my firm] to continue as counsel for the plaintiff. . . . The differences have not resolved but have worsened since . . . January 30, 2009."

Hunn, who extols his experience "representing victims in a wide variety of . . . complex tort litigation" is asking the federal district court in New Jersey to relieve him of all responsibility for the case he filed on September 15, 2008, forcing sixteen year old Masha to find new counsel within 60 days.

Masha Allen first came to international attention over four years ago. Concern for her well-being has echoed around the world from Vladimir Putin to John Kerry to Oprah and Nancy Grace. Her past and present circumstances are well-known to judges and government officials in Pennsylvania, Georgia, New Jersey and Washington, DC.

Tragically, no one can muster any outrage that justice delayed is justice denied and that the "irreconcilable differences" reverberate far beyond mere words on paper.

Thanks to Niels at Pound Pup Legacy for his continued coverage of this case.

Child porn apologist questions harsh sentencing on WSJ blog "on cases, trends . . . of interest to biz community"Link

Facebook criticism of teacher results in FL student's suspension for cyber-bullying harassment & ACLU lawsuit Link

Case Update: How to Strip Search a Middle School Student heads to the Supreme Court Link

Orwell never predicted Facebook as Big Brother: the law encounters online Evidence in an Age of Self-Surveillance Link

Rural Indiana babysitters create child porn video showing them raping children between ages of 2 months & 6 years Link

Two female Bountiful, Utah junior high teachers accused of sex with the same 13 year old male student Link

Welcome to the Dark Side of International Adoption as MotherJones exposes US-India child trafficking corruption Link

Finally some good news for a change. Last year one of my long-time clients graduated from high school and received a national award for this essay. I've been holding it for just a time like this, when we all need something positive. It's one of the best things I've read on the risks and rewards experienced by children with disabilities:

It changed me. I finally felt that someone “got me.” I wasn’t an alien just because I have autism. I am so much more than my autism: I’m an artist, I’m a musician, I’m a student and I’m a person.

My name is Sara and that moment came as I sat in the audience at Wicked, The Musical. Elphaba Thropp was a character who was discriminated against because her skin was green. Elphaba was strong in her beliefs and not afraid to express herself. When she sang the song, “Defying Gravity,” it was Elphaba’s declaration that the world is not as fantastic as we expect it to be; sometimes we have to go against what’s “right” to do what we truly believe.

I started out in the Magnet School program at Chestnut Street/Primary School and it was the best possible beginning for me. I was in multi-aged classrooms in a small cozy school. Like Elphaba when she was young, I had security and support. From there I went to Horizons-on-the-Hudson. That’s when musical theater became a part of my life and, in 6th grade; I was able to participate in the school’s Opera Company.

South Junior High was my lowest point. Because I had an IEP, I was treated like scum, not only by my peers, but by teachers and administrators.

I have been diagnosed as having autism spectrum disorder. One day in Junior High I will always remember as the worst day of my life. I was a Girl Scout back then and was delivering my Girl Scout cookie orders to my teachers. When I went into my English class with the cookies, a few of my classmates asked to buy cookies. I said, “I’ll pay you tomorrow.” What I meant to say was “you can pay me tomorrow.” The kids thought it was hilarious that I had said something so dumb. So, they laughed at me. Soon, the entire class was laughing and a few of them shouted, “What a retard.” The worst part of this story is that the teacher was in the room and did NOTHING to stop it.

After that day, I drifted into a depression and tried to focus all my attention on my music. My mom fought throughout my eighth grade year to get me into Honors classes. I got into Honors classes by 9th grade and I stayed there. I became an example to the school district of what a kid with an IEP could do. I defied gravity!

At Newburgh Free Academy, I discovered photography and fashion design. I took Advanced Placement social studies courses; college level courses!! And I did great in them! Teachers no longer saw me as an IEP student; they even told me that I had great potential! I realized that I could do anything I wanted and that I could educate people about what autism really looks like! My skin may not be green like Elphaba’s but autism was almost that obvious.

The moment I heard Elphaba sing “defying gravity,” I realized that, like her character, I had to learn to not be afraid of what made me “different.” I have autism, but autism is not who I am. I am Sara and I’m an artist, a musician, a student and a person who defied gravity.

My education began at the Primary Magnet School @ Chestnut Street after which I attended Horizons-on-the-Hudson Elementary. I sang in school chorus from 3rd grade on and, in 6th grade I was in the Opera Company. I was a Girl Scout up until the 7th grade and received the Girl Scout Bronze Award. At South Jr. High, I was in the ASCEND program, West Point Mentoring program, French Club and on the Yearbook committee.

Since starting NFA, I have been in the Key Club, French Club, Acapella Chorus, Photo Club and Fashion Club and have maintained a 90.13 average over the last two years. This year our Photo Club assisted the Newburgh Animal Shelter in raising awareness of abandoned animals in our area. I also participated in community service projects through the Key Club and Temple Beth Jacob and, in my Junior year, I received the Triple C award for Character, Courage & Commitment.

I plan to attend Dutchess Community College in September as a Music major after which I hope to attend SUNY New Paltz and major in Music Therapy. Since my own diagnosis of autism spectrum disorder has so impacted my life, I am determined to educate others about autism, music, special education and the potential of all children to learn and express themselves.

Thank you Sara. You are truly a profile in courage and an inspiration to us all!

Adoption in the U.S. the book! Excellent resource about adoption & its aftermath, law, policy and social aspects @ Link

A fascinating journal article by Professors Daniel Pollack and Mary Eschelbach Hansen:

The anti-discrimination law governing placement of children in foster care and adoption was intended to speed the adoption of Black children who could not be reunited with their families of origin. Only recently have two states been fined for violating this decade-old law. Based on our analysis of administrative data collected by the Children's Bureau of the U.S. Department of Health and Human Services, we conclude that more vigorous enforcement of the anti-discrimination law in adoption could result in significant gains to Black children. We find that Black children spend more time as legal orphans than children of other races and that transracial placement speeds their adoptions.

Download the entire paper here