When a Child Safety Plan = Coercion
The recent trend in child protective services (CPS) of creating safety plans received a set back recently in federal court. Judge Rebecca R. Pallmeyer of the United States District Court, Northern District of Illinois ruled that in-home safety plans created by the Illinois Department of Children and Families (DCFS) were illegal because they were secured in a coercive manner.
The coercion at issue was the CPS worker's express or implied threat of to take the child into protective custody lasting more than a brief or temporary period of time. The court also ruled that ...
Terminating Parental Rights when Visitation is Prohibited
In a matter of first impression anywhere (correct me if I'm wrong), the Wisconsin Supreme Court recently held that a statute which allowed termination of parental rights based on a judicial order which prohibited visitation was narrowly tailored to serve state's compelling interest of protecting children from unfit parents.
The Wisconsin law states that a "[continual] denial of periods of physical placement or visitation" is a ground for terminating parental rights. A finding under the provision requires that:
(a) the parent has been denied periods of physical placem...
Foster Care Law – The Book!
Mention the phrase “foster care” to nearly anyone and you may evoke one of several images: maltreated children; kindly strangers; abusive strangers; bureaucratic bungling. One image not likely evoked will be the sheer enormity of the foster care system. Foster care is big business. In 1989, the federal government spent 1.2 billion dollars to reimburse state spending on foster care. This year it will be over 6 billion dollars, an increase of more than 400%!
Foster care is a way of offering children a stable home while their own parents are unable to care for them. ...
The Capacity of a Mentally Retarded Parent to Consent to Adoption
It is universally acknowledged that persons with mentally retardation have, to the maximum degree possible, the same rights as all other people. As early as 1971, the United Nations passed its Declaration on the Rights of Mentally Retarded Persons. A key provision states that whenever mentally retarded persons are unable, because of the severity of their handicap, to exercise all their rights in a meaningful way or it should become necessary to restrict or deny some or all of these rights, the procedure used for that restriction or denial of rights must contain proper ...
Social Workers as Expert Witnesses in Child Welfare Cases
Lawyers are increasingly calling upon social workers to serve as expert witnesses in cases involving children and families. Roles for social workers are emerging in the courtroom as expert witnesses in such areas as guardianship, forensic issues, child abuse and neglect, commitment hearings, education, and family custody evaluation.
As society gets more specialized and complicated, the courts are using the testimony of expert witnesses to help resolve cases. Whether defending social workers or agencies, or litigating on behalf of a client, having the right experienced ...
Fox Asks “Who’s Your Daddy?”
Just when I think I don't have time for blogging . . . along comes the defender of red state America with "Who's Your Daddy?" - a reality television show featuring "a young woman, adopted at birth, and her biological father" who are reunited before a live national audience.
Sounds innocent enough, "but wait, there's a twist . . ." Before meeting her dad, "the young woman will be presented with eight men, all claiming to be her father (no comments about her biological mother now), and she must determine which one really is." Even better, "there is $100,000 at stake!" ...
Saks Pioneers Newborn Nursery Adoption Centers
Last month the Middleton Doll Company announced it will expand its Newborn Nursery® Adoption Centers into five additional Saks Department Stores.
"The expansion of this unique award-winning retail concept into additional Saks Incorporated stores will enable many more young girls to experience the 'adoption' of their very own lifelike baby doll in a simulated hospital nursery setting," said George R. Schonath, president and chief executive officer of The Middleton Doll Company.
With chubby cheeks, bright eyes, soft hair and an incredibly lifelike face, the Newborn ...