Emergency removal of a foster child – the foster parents’ rights

With 1,200 children entering foster care each day (Children’s Defense Fund, 2010, p. xv) 1 , it’s bound to happen—seemingly, the foster home and the foster child are just not a good match for each other. Let’s envision three scenarios: The foster parents notice that the foster child appears to have an unusual fascination with fire. The medical needs of the foster child are far more demanding than the foster parents feel they can handle. The foster parents think there may be sexual activity between the foster child and their biological ...

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Contacting former spouses as part of the adoption and foster home study process

Selecting an adoptive or foster placement for a child is a major decision that has lifelong ramifications. There are numerous factors an agency must consider before approving the suitability of the placement. A comprehensive assessment of the applicant will include the applicant’s strengths, skills, training needs, areas for improvement, and family circumstances.During the home study process personal inquiries are made, many of which may seem intrusive. One possible inquiry is: Should, may, or must the former spouse of a prospective adoptive or foster parent be ...

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Foster Care as a Mitigating Circumstance in Criminal Proceedings

Just published in Temple Political and Civil Rights Law Review is an article, Foster Care as a Mitigating Circumstance in Criminal Proceedings. The article addresses the question: should a history of foster care involvement serve as a legitimate mitigating circumstance for a defendant in a criminal trial? According to the article: The sensationalism of many criminal trials, especially those of a capital nature, often result from the aggravating circumstances impacting the victim. Conversely, the mitigating circumstances that affect the accused‘s criminality rarely ...

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Penalties for Falsely Reporting Child Abuse

The Jerry Sandusky criminal trial is over; the civil lawsuits are in active settlement mode. Undoubtedly, the entire country is more tuned into child abuse than it ever was. The National Conference of State Legislatures reports that about 105 bills on the reporting of suspected child abuse and neglect have been introduced in 2012 legislative sessions in 30 states and the District of Columbia. 1 All of them include a penalty for failing to report suspected child abuse. Oregon is one of the states which recently enacted child abuse reporting legislation. It added to the ...

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Child Maltreatment 2011 – The Report

On February 7, 2013, at 1 p.m. E.T., the Children’s Bureau of the Administration for Children and Families, U.S. Department of Health and Human Services, will host the 1-hour Webinar, Child Maltreatment 2011—Key Findings and Expanded Discussion to expound on the findings reported in Child Maltreatment 2011. The report presents national data about child abuse and neglect known to child protective services agencies during fiscal year 2011. During FFY 2011, an estimated 3.4 million referrals, were received by CPS agencies. The national estimate of 3.4 million ...

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Respite Care for Foster Parents Should Not Mean Inferior Care for Foster Children

Caring for a foster child, especially in a therapeutic setting, is a full-time undertaking. Because it can have severe emotional repercussions on the family, respite care by another trained foster parent or other professional is frequently made available.Respite care is an intervention that may reduce the risk of abuse or neglect to the foster child (Goldman, Salus, Wolcott, & Kennedy, 2003) while it simultaneously offers welcome benefits to the caregiver (MacDonald & Callery, 2004). Indeed, one study (Chan & Sigafoos, 2001) found that the more frequently families made ...

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Be Careful when “Making Healthy Choices”

Attorneys who represent youths, parents, and foster parents have reason to be concerned about a pamphlet recently published by the federal government’s Children’s Bureau. The pamphlet, “Making Healthy Choices,” is intended to advise youth in foster care about psychotropic medications and is being distributed nationwide in English and Spanish. Unfortunately, the pamphlet encourages youths to fill out a checklist/questionnaire of crimes they may have committed and to list deficits in their personalities and character. The youths are encouraged to ...

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