394 results for author: James R. Marsh

Adoptive Mother Abandons Children in Africa

In one of the more bizarre stories I've encountered, seven adopted American children, ages 8 to 17, were recently discovered in an African orphanage. The adoptive mother, Mercury Denise Liggins, had apparently left the children with a relative in Nigeria while she went to work for Haliburton in Iraq. After the children were discovered by a passing missionary, House Majority Speaker Tom DeLay, Senator John Cornyn and State Department officials intervened to return the children to Houston. The children, who were born and raised in Texas, were placed with Liggins by Houston Child Protective Services when their biological parents' rights were terminated. ...

Doe v. Little Rock School District

This case required the court to decide whether the practice of the Little Rock School District that subjects secondary public school students to random, suspicionless searches of their persons and belongings by school officials is unconstitutional. The Eighth Circuit Court of Appeals held that such searches violate the students' fourth amendment rights because they unreasonably invade their legitimate expectations of privacy.

Wong v. Regents of the University of California

In this rare but increasingly common Section 504 educational accommodation case, the liberal Ninth Circuit Court of Appeals held that a successful but learning disabled student was not entitled to special accommodations. The student, whose reading comprehension scores when allowed to read without time limits were at the 99.5 percentile, but under time constraints at the eighth grade level, was deemed not disabled under Section 504. Highlights from the court's decision follow: "That is not to say that a successful student by definition cannot qualify as “disabled” under the Acts. A blind student is properly considered to be disabled, ...

Welcome Back

Welcome to our Children's Law Blog! After numerous attempts over the past year to find an acceptable blogging solution, we have finally launched the latest edition of MovableType's excellent blogging software. This site will feature commentary, analysis and insights into the emerging issues of children and the law. We will feature daily case law summaries and breaking news on a variety of topics. Check back often for the latest updates!

Teenage Sex and Mandatory Minimums

There must be something in the water in Georgia. Yesterday, the Georgia Supreme Court wrestled with how mandatory minimum sentencing laws treat teenagers who are caught engaging in consensual sex. In the case before the court, Marcus Dwayne Dixon, a black 18-year-old high school football player, was accused and acquitted of raping a white 15-year-old female classmate. But Dixon was convicted of misdemeanor statutory rape and aggravated child molestation, one of the so-called "seven deadly sins" for which Georgia law requires at least a 10-year prison term. A star athlete with a 3.96 grade-point average, Dixon had accepted a full scholarship to ...

2003 Tax Benefits for Adoption

The tax benefits for adoption are numerous and a bit complicated. This year adoptive parents may be able to take a tax credit of up to $10,160 for qualifying expenses paid to adopt an eligible child. Also, up to $10,160 paid or reimbursed by an employer for qualifying adoption expenses under an adoption assistance program may be excludable from gross income. Adoptive parents may claim both a credit and an exclusion for expenses of adopting an eligible child. Finally, beginning in 2003, the maximum credit and exclusion of $10,160, subject to certain income and tax liability limits, will be allowed for the adoption of a child with special needs even ...

MEPA Bombshell Hits Hamilton County Ohio

In an unprecedented move, the federal Office for Civil Rights (OCR) issued a Letter of Finding to Hamilton County Ohio with a determination that the county violated the civil rights of children eligible for adoption and of foster families and other prospective adoptive families. After an extensive investigation OCR discovered that the county violated MEPA by making adoption determinations on the basis of race, rather than on the basis of the individual needs of the children. The cited violations included instances where non-African-American foster families were improperly prevented from adopting African-American children in their care with whom they ...