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 placement by court order in an action affecting the family or has been denied visitation ...

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. Some children may have been neglected or mistreated. Social workers and lawyers ...

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 legal safeguards against every form of abuse. In the United States, the ability ...

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 expert witness can make the difference between winning or losing an important ...

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!" (How this fits in is a bit vague.) Rumor has it that this show is sponsored by ...

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 Nursery baby dolls are so realistic they look like a real baby. The Newborn Nursery ...

Shared Custody Battle Goes Federal

Last week a federal lawsuit was filed against the state of Pennsylvania by the Indiana Civil Rights Council and like-minded groups such as the American Coalition for Fathers and Children. These and similar organizations plan to sue all 50 states and U.S. territories. At least 40 suits have already been filed, according to the Council. The lawsuits use a wide range of constitutional grounds to argue that a child's parents both have an equal right to custody and directly challenge the commonly utilized legal standard known as "the best interest of the child." The lawsuits seek $1 million in damages for any plaintiffs who sign on to each class action, ...

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