Too often the child welfare system fails our children, especially foster children, leaving our most vulnerable population at risk of harm. Many children in the welfare system are injured or even killed because “[t]he system frequently fails to provide children with stable, secure care” and “fails to meet foster children’s basic medical, psychological, and emotional needs.”
This system-wide failure is the result of several recurring problems, which are on the rise, including: inadequate investigation of prospective foster parents and their families, placing children in inappropriate homes, overcrowded foster homes, placing children with first-time foster parents who are inexperienced and become overwhelmed, and inadequate supervision of foster homes. These recurring problems have resulted in harm to those children under the care of the child welfare system, leading many of them to seek redress in the courts.
In the field of public child welfare services, then, exactly which acts or omissions are ministerial, and which are discretionary? Each state has its own unique constitution, case law, statutes, regulations, child welfare manuals, and structure. This complexity does not allow for categorical rules on this subject matter, but this article nonetheless attempts to offer some meaningful guidelines on which state actions are discretionary and which are ministerial.
Social Work and the Courts is a collection of important and cutting-edge court decisions in the field of human services, now in its third edition. Pollack and Kleinman present an array of legal cases in everyday language, with clear explanation of the facts and issues, and in-depth examinations of the reasoning and implications of each verdict. This new edition includes over twenty new cases, all of which happened between 2010 and 2014, making this one of the most significant and timely investigations of how social work and the law intersect. Special attention is paid to recent rulings in child welfare and social worker liability. The dissection and analysis of these influential cases makes this volume an excellent teaching tool and an essential resource for both social workers and policy makers.
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Late yesterday, we filed an unusual supplemental brief after argument in our Supreme Court case Paroline v. Amy Unknown.
The purpose of the brief is to discuss the Court’s decision in Burrage v. United States, No. 12‑7515, which was decided January 27, 2014—just five days after Amy argued her case to the Supreme Court. Burrage analyzes “contributing cause” in the context of determining criminal liability. While Amy did not have the benefit of having read the Burrage decision before oral argument, it appears that the Court may have asked a number of ...
Presented by The Oyez Project at IIT Chicago-Kent College of Law, 02 February 2014.
Facts of the Case
Doyle R. Paroline pled guilty to possession of 150-300 images of child pornography. Included among those files on his computer were two photographs of Amy Unknown, a victim of child pornography. He was sentenced to 24 months of incarceration followed by release under supervision. Under a federal statute that mandates full restitution to victims of child pornography by those convicted of creating, distributing or possessing such material, the Government and Amy sought ...
NYU Law School DiscussionLegal Challenges and Strategies for Combating Sexual Violence against ChildrenA Discussion with the Dutch National Rapporteur on Trafficking in Human Beings and Sexual Violence against ChildrenMonday, February 3, 20146:00 PMNYU Law School Vanderbilt Hall Room 20640 Washington Square South, New York City
Valid ID and RSVP are required for admission. Please email Audrey Watne: firstname.lastname@example.org by January 31st to RSVP. The event will be followed by a brief reception.
CHRGJ is pleased to invite you to a lecture featuring Mrs. Corinne ...
Thursday, January 16, 2014
Salt Lake Tribune
Utah law professor to make case for child-porn victims
On Wednesday, the University of Utah law professor will make that argument before what will be his most important audience yet: the U.S. Supreme Court. It is the first time a crime victim’s attorney has appeared before the court in a criminal case filed by the government; the outcome may result in a historic decision for crime victims’ rights.
Friday, January 17, 2014
Child-porn victims want damages from those who view the images
A Seattle ...