An effective consent to adoption must be in writing, notarized, and clearly identify the child and rights being terminated. It must also be informed through counseling and legal advice so the parent understands the nature and effect of consenting. Additionally, the parent should be given advance copies of documents and sufficient time to review them to help ensure the consent is valid.
The document discusses the history and evolution of several Palestinian terrorist organizations such as the Palestine Liberation Organization (PLO), Fatah, Black September, Abu Nidal Organization, Palestinian Islamic Jihad (PIJ), Hamas, and al Aqsa Martyrs Brigades. It describes their origins, leaders, tactics, and changing relationships with Israel and other groups over time as some became more militant and others engaged in peace negotiations. Internal splits and the rise of more religiously-motivated organizations also contributed to factionalism within Palestinian terrorism.
This document contains 12 worksheets related to knowledge management (KM). The worksheets cover KM topics such as knowledge identification, creation, organization, refinement, access, sharing, and learning. They also include exercises on KM change processes and key performance indicators (KPIs). The goal appears to be guiding participants through the process of designing and implementing a KM system or program.
Treatment foster care (TFC) programs place troubled youth in therapeutic foster homes as an alternative to institutionalization. TFC aims to teach youth positive behaviors through behavior modification techniques applied by trained foster parents. It provides treatment within a family environment at a lower cost than institutions. However, challenges include finding qualified foster parents, engaging natural families, and preventing burnout among staff and parents dealing with youths' difficult behaviors.
Condition monitoring uses advanced technologies to determine the condition of equipment and predict failures in order to inform predictive maintenance. Techniques include motor current analysis, oil analysis, non-destructive testing, and integrated condition monitoring services which use non-invasive sensing to optimize maintenance. Risk-based inspection decides inspection intervals based on the risk of failure by considering probability and severity, while structural health monitoring monitors infrastructure over time using sensor data to detect damage in structures like bridges, oil rigs, and aircraft wings.
Chapter 10 ten responses to complaint civ lit 2difordham
This document discusses the various responses that can be filed in a civil litigation case, including answers to complaints, replies to counterclaims, motions to dismiss, extensions, affirmative defenses, cross-claims, third-party complaints, and the consequences of failing to respond by the deadline such as a default judgment. It provides details on the proper formatting and content required for each type of response.
This document provides instructions for three science projects related to structures and foundations. Project 2 describes how to build an apparatus to test the bearing capacity of different soil types by measuring how far a dowel sinks into soil samples when weighted. Project 3 involves building LEGO towers on slopes of varying angles within a rain gutter filled with soil to determine the necessary foundation depth to prevent toppling. The final project compares the strength of beam and suspension bridge designs built with drinking straws and tested with a weighted paper cup.
Este documento presenta información sobre varios museos y proyectos arquitectónicos notables. Brevemente describe el Museo de Arte Contemporánea de Niterói diseñado por Oscar Niemeyer, el Museo Brasileño de Escultura de Pedro Mendes da Rocha en Sao Paulo, y la Casa Gilardi de Luis Barragán. También resume un proyecto de diseño de polideportivo que enfatiza la confluencia de elementos a través de puentes y ascensores.
The document discusses the process and procedures for client interviews and investigations in civil litigation. It covers topics such as screening interviews, implied attorney-client relationships, written representation agreements, contingent fee agreements, case organization, preparing for interviews, cultural and gender differences, ethical obligations, building relationships with clients, and effective listening skills during interviews. The goal of interviews is to gather relevant facts for the case while making the client feel comfortable and confident.
The document discusses the history and evolution of several Palestinian terrorist organizations such as the Palestine Liberation Organization (PLO), Fatah, Black September, Abu Nidal Organization, Palestinian Islamic Jihad (PIJ), Hamas, and al Aqsa Martyrs Brigades. It describes their origins, leaders, tactics, and changing relationships with Israel and other groups over time as some became more militant and others engaged in peace negotiations. Internal splits and the rise of more religiously-motivated organizations also contributed to factionalism within Palestinian terrorism.
This document contains 12 worksheets related to knowledge management (KM). The worksheets cover KM topics such as knowledge identification, creation, organization, refinement, access, sharing, and learning. They also include exercises on KM change processes and key performance indicators (KPIs). The goal appears to be guiding participants through the process of designing and implementing a KM system or program.
Treatment foster care (TFC) programs place troubled youth in therapeutic foster homes as an alternative to institutionalization. TFC aims to teach youth positive behaviors through behavior modification techniques applied by trained foster parents. It provides treatment within a family environment at a lower cost than institutions. However, challenges include finding qualified foster parents, engaging natural families, and preventing burnout among staff and parents dealing with youths' difficult behaviors.
Condition monitoring uses advanced technologies to determine the condition of equipment and predict failures in order to inform predictive maintenance. Techniques include motor current analysis, oil analysis, non-destructive testing, and integrated condition monitoring services which use non-invasive sensing to optimize maintenance. Risk-based inspection decides inspection intervals based on the risk of failure by considering probability and severity, while structural health monitoring monitors infrastructure over time using sensor data to detect damage in structures like bridges, oil rigs, and aircraft wings.
Chapter 10 ten responses to complaint civ lit 2difordham
This document discusses the various responses that can be filed in a civil litigation case, including answers to complaints, replies to counterclaims, motions to dismiss, extensions, affirmative defenses, cross-claims, third-party complaints, and the consequences of failing to respond by the deadline such as a default judgment. It provides details on the proper formatting and content required for each type of response.
This document provides instructions for three science projects related to structures and foundations. Project 2 describes how to build an apparatus to test the bearing capacity of different soil types by measuring how far a dowel sinks into soil samples when weighted. Project 3 involves building LEGO towers on slopes of varying angles within a rain gutter filled with soil to determine the necessary foundation depth to prevent toppling. The final project compares the strength of beam and suspension bridge designs built with drinking straws and tested with a weighted paper cup.
Este documento presenta información sobre varios museos y proyectos arquitectónicos notables. Brevemente describe el Museo de Arte Contemporánea de Niterói diseñado por Oscar Niemeyer, el Museo Brasileño de Escultura de Pedro Mendes da Rocha en Sao Paulo, y la Casa Gilardi de Luis Barragán. También resume un proyecto de diseño de polideportivo que enfatiza la confluencia de elementos a través de puentes y ascensores.
The document discusses the process and procedures for client interviews and investigations in civil litigation. It covers topics such as screening interviews, implied attorney-client relationships, written representation agreements, contingent fee agreements, case organization, preparing for interviews, cultural and gender differences, ethical obligations, building relationships with clients, and effective listening skills during interviews. The goal of interviews is to gather relevant facts for the case while making the client feel comfortable and confident.
Chapter 15 fifteen other forms of discovery civ lit 2nddifordham
The document discusses the process and procedures for physical and mental examinations in civil litigation. It explains that examinations require a court order and are intrusive, so alternative discovery tools may be used first. It describes the roles of treating physicians, defense medical experts, and observers in examinations of plaintiffs. The document also covers requests for admissions as a tool to narrow issues for trial by establishing agreed-upon facts.
The document discusses the historical roots of modern terrorism from the 18th century Enlightenment period through the early 20th century. Key events and ideologies discussed include the American and French Revolutions, the Reign of Terror, anarchist and socialist movements in Europe in the 1800s, nationalism and anti-colonial movements, and the Russian Revolution. Violent anarchist groups in the late 1800s were some of the earliest adopters of terrorism as a tactic, influencing later nationalist and revolutionary groups.
The document summarizes the history of separatist terrorism in Ireland and the Basque region of Spain. In Ireland, separatist violence stemmed from British domination and cultural suppression of the Irish people dating back to the Norman conquest. This led to the formation of groups like the IRA who used terrorism in campaigns for Irish independence and against British rule, particularly in Northern Ireland. In the Basque region, separatist violence by ETA was a response to the suppression of Basque culture and identity under Franco's fascist regime in Spain. ETA used terrorism from the 1960s onwards in their fight for an independent Basque state.
This document discusses the challenges of balancing homeland security and civil liberties. It covers debates around increasing executive power and limiting civil liberties through laws like the Patriot Act. While security is important, critics argue that overreaching can undermine constitutional rights. The role of law enforcement in intelligence gathering is also discussed, with concerns that it could shift police focus from traditional crime fighting. Maintaining appropriate roles and preventing undue militarization of police are key issues explored in relation to protecting both security and civil liberties.
This document discusses homeland security and the role of law enforcement agencies. It defines homeland security as protecting lives, property and infrastructure by preventing terrorism, responding to attacks, and providing technical support. It outlines several government agencies involved in homeland security like the Department of Homeland Security, Department of Justice, and intelligence community. It also discusses the development of intelligence systems at state and local levels to facilitate information sharing between law enforcement agencies according to legal guidelines. Overall, the document examines how law enforcement can contribute to homeland security through intelligence gathering, analysis, and collaboration with federal partners.
Chapter 12 twelve issues in electronic discovery civ lit 2difordham
This document discusses electronic discovery in civil litigation. It explains that litigation documents may be in paper or electronic formats, including files stored on computers or backup media. The electronic discovery process involves determining what documents are needed, where they are located, and their format. It also discusses issues like reviewing documents to protect privileged information and performing cost-benefit analyses of electronic discovery. Metadata, electronically processing documents, and using litigation support software are also summarized.
This document discusses various theories and models of urban terrorism and revolutionary movements. It provides examples of the Tupamaros group in Uruguay in the 1960s-1970s that followed Carlos Marighella's model of urban terrorism and decentralized violence. Their tactics included bank robberies, kidnappings, and developing a covert organizational structure. The document also summarizes Maoist terrorist groups like Peru's Shining Path and discusses the decline of leftist terrorism in Europe by the late 20th century.
Aftercare programs aim to help youth transitioning from juvenile corrections back into their communities by providing services and supervision. Challenges include lack of support systems, resources, and continuity of care. Effective aftercare requires assessing individual needs, intensive treatment services, and coordination between corrections and community organizations, though many jurisdictions are lacking in these areas. More research is still needed to determine best practices for aftercare, especially for female and minority youth.
The document provides background on the Middle East region, including the origins and spread of Islam, the Sunni-Shia split, and the influence of militant Islamic philosophers like Ibn Taymiyyah and Abdul Wahhab. It also summarizes the modern political history of the region, including the establishment of Israel, Arab-Israeli conflicts, rise of terrorism, and the Iranian Revolution led by Ayatollah Khomeini.
The document discusses learning objectives for a lecture on family violence, including explaining what constitutes family violence, identifying remedies for adult victims, recognizing signs that a client is being abused, and responding appropriately when a client is a victim or perpetrator of abuse. The objectives cover defining family violence, remedies like protective orders and criminal charges, recognizing abuse through client cues, and prioritizing client safety by suggesting protective actions and respecting their decisions.
This document is Sandria L. Savage's professional nursing portfolio. It outlines her mission and philosophy of holistic nursing care. It also details her clinical skills and experience in areas such as palliative care, oncology, orthopedics, and women's health. Her goals include obtaining certifications in Reiki, health coaching, and lactation consulting while pursuing a Master's in Integrative Holistic Nursing. The portfolio provides recommendations from supervisors praising Sandria's compassionate care and clinical expertise. Samples of her educational materials are also listed.
1. Mohd. Ikhlaq filed a civil suit seeking a declaration that his marriage to Kaniz Begum was dissolved through triple talaq uttered on February 12, 2007.
2. The plaintiff and defendant were married in 1989 according to Muslim rites and had three sons together. However, their relationship deteriorated such that reconciliation was not possible.
3. The plaintiff divorced the defendant through triple talaq in the presence of witnesses, paid her dower amount, and made provisions for her maintenance. He now seeks a court declaration confirming the dissolution of their marriage.
This chapter introduces family law and the role of paralegals in family law practices. It describes the nature and scope of contemporary family law, how technology has impacted the practice, and the paralegal's role. The chapter also covers objectives of client interviews, the importance of fee agreements and time sheets, legal research resources for family law paralegals, and basic ethical principles for paralegals.
The document discusses the major steps in the adoption process, including determining the rights of biological parents, terminating those rights, identifying adoptive parents, conducting home studies, filing adoption petitions, and finalizing the adoption. It also covers types of adoption, distinguishing between open and closed adoptions, and the rights of married and unmarried biological parents in the adoption process.
CHILD ADOPTION ACT 1956, ACCORDING TO THE INDIAN GOVERNMENT LAW, PREPARED BY Ms.JYOTI, INDIRA GANDHI COLLEGE OF NURSING,MUNSHIJANG AMETHI, UTTAR PRADESH. 227812. HINDU ADAPTION ACT, MUSLIM ADAPTION ACT, INTERNATIONAL ADOPTION ACT , DOMESTIC ADOPTION ACT, FAMILY ADOPTION ACT, NATIONAL ADOPTION ACT.
This document summarizes a chapter about parenthood from a family law textbook. It outlines learning objectives on topics related to determining legal parentage, such as the parties involved in parentage cases, how parentage is typically established, adjudicating paternity, addressing issues like fraud and new reproductive technologies, and the role of paralegals in parentage cases.
This document discusses child support, outlining 10 learning objectives covering topics such as the definition of child support, distinguishing it from spousal support, major federal government initiatives in the area, jurisdictional issues that arise in cases, how support is determined and modified, enforcement, and the role of paralegals. It provides details on child support guidelines, factors courts consider, modification and enforcement of orders, tax implications, and tasks paralegals perform in cases.
Birth Injury Medical Malpractice: Demystifying the Legal Process Howie, Sacks & Henry
Three to Be is a not for profit charity whose mission is to advocate and raise funds to support and advance the development of innovative research, education and therapies for children with neurological disorders.
This second webinar in our legal education series, Demystifying the Legal Process, is dedicated to parents and families of a child with a neurological disorder considering the a medical malpractice suit.
If you are considering a medical malpractice lawsuit, this session reviews:
*What you should consider before pursuing a law suit
*The steps in the legal process from Examinations for Discovery to resolution, either by Settlement or Trial
Director of Three to Be’s Parent Advocacy Link (PAL), moderates a discussion with HSH founding partner, Neil Sacks and associate Meghan Hull Jacquin to help you understand the steps involved in a medical malpractice legal suit.
This document discusses annulments, including:
- The nature and purpose of annulments is to declare a marriage null and void from the beginning for failing to meet legal requirements.
- Key differences between annulments and divorces are that annulments claim the marriage never validly existed, while divorces acknowledge the marriage existed but is now being terminated.
- Common grounds for annulment include lack of capacity to marry, prior existing marriage, fraud, and duress.
Understanding Guardianship for Minors_ A Comprehensive Guide.pdfJuile David
Discover the essential of guardianship for minors in this comprehensive guide. Ensure children's well-being with legal insights on care, support, and stability.
Chapter 15 fifteen other forms of discovery civ lit 2nddifordham
The document discusses the process and procedures for physical and mental examinations in civil litigation. It explains that examinations require a court order and are intrusive, so alternative discovery tools may be used first. It describes the roles of treating physicians, defense medical experts, and observers in examinations of plaintiffs. The document also covers requests for admissions as a tool to narrow issues for trial by establishing agreed-upon facts.
The document discusses the historical roots of modern terrorism from the 18th century Enlightenment period through the early 20th century. Key events and ideologies discussed include the American and French Revolutions, the Reign of Terror, anarchist and socialist movements in Europe in the 1800s, nationalism and anti-colonial movements, and the Russian Revolution. Violent anarchist groups in the late 1800s were some of the earliest adopters of terrorism as a tactic, influencing later nationalist and revolutionary groups.
The document summarizes the history of separatist terrorism in Ireland and the Basque region of Spain. In Ireland, separatist violence stemmed from British domination and cultural suppression of the Irish people dating back to the Norman conquest. This led to the formation of groups like the IRA who used terrorism in campaigns for Irish independence and against British rule, particularly in Northern Ireland. In the Basque region, separatist violence by ETA was a response to the suppression of Basque culture and identity under Franco's fascist regime in Spain. ETA used terrorism from the 1960s onwards in their fight for an independent Basque state.
This document discusses the challenges of balancing homeland security and civil liberties. It covers debates around increasing executive power and limiting civil liberties through laws like the Patriot Act. While security is important, critics argue that overreaching can undermine constitutional rights. The role of law enforcement in intelligence gathering is also discussed, with concerns that it could shift police focus from traditional crime fighting. Maintaining appropriate roles and preventing undue militarization of police are key issues explored in relation to protecting both security and civil liberties.
This document discusses homeland security and the role of law enforcement agencies. It defines homeland security as protecting lives, property and infrastructure by preventing terrorism, responding to attacks, and providing technical support. It outlines several government agencies involved in homeland security like the Department of Homeland Security, Department of Justice, and intelligence community. It also discusses the development of intelligence systems at state and local levels to facilitate information sharing between law enforcement agencies according to legal guidelines. Overall, the document examines how law enforcement can contribute to homeland security through intelligence gathering, analysis, and collaboration with federal partners.
Chapter 12 twelve issues in electronic discovery civ lit 2difordham
This document discusses electronic discovery in civil litigation. It explains that litigation documents may be in paper or electronic formats, including files stored on computers or backup media. The electronic discovery process involves determining what documents are needed, where they are located, and their format. It also discusses issues like reviewing documents to protect privileged information and performing cost-benefit analyses of electronic discovery. Metadata, electronically processing documents, and using litigation support software are also summarized.
This document discusses various theories and models of urban terrorism and revolutionary movements. It provides examples of the Tupamaros group in Uruguay in the 1960s-1970s that followed Carlos Marighella's model of urban terrorism and decentralized violence. Their tactics included bank robberies, kidnappings, and developing a covert organizational structure. The document also summarizes Maoist terrorist groups like Peru's Shining Path and discusses the decline of leftist terrorism in Europe by the late 20th century.
Aftercare programs aim to help youth transitioning from juvenile corrections back into their communities by providing services and supervision. Challenges include lack of support systems, resources, and continuity of care. Effective aftercare requires assessing individual needs, intensive treatment services, and coordination between corrections and community organizations, though many jurisdictions are lacking in these areas. More research is still needed to determine best practices for aftercare, especially for female and minority youth.
The document provides background on the Middle East region, including the origins and spread of Islam, the Sunni-Shia split, and the influence of militant Islamic philosophers like Ibn Taymiyyah and Abdul Wahhab. It also summarizes the modern political history of the region, including the establishment of Israel, Arab-Israeli conflicts, rise of terrorism, and the Iranian Revolution led by Ayatollah Khomeini.
The document discusses learning objectives for a lecture on family violence, including explaining what constitutes family violence, identifying remedies for adult victims, recognizing signs that a client is being abused, and responding appropriately when a client is a victim or perpetrator of abuse. The objectives cover defining family violence, remedies like protective orders and criminal charges, recognizing abuse through client cues, and prioritizing client safety by suggesting protective actions and respecting their decisions.
This document is Sandria L. Savage's professional nursing portfolio. It outlines her mission and philosophy of holistic nursing care. It also details her clinical skills and experience in areas such as palliative care, oncology, orthopedics, and women's health. Her goals include obtaining certifications in Reiki, health coaching, and lactation consulting while pursuing a Master's in Integrative Holistic Nursing. The portfolio provides recommendations from supervisors praising Sandria's compassionate care and clinical expertise. Samples of her educational materials are also listed.
1. Mohd. Ikhlaq filed a civil suit seeking a declaration that his marriage to Kaniz Begum was dissolved through triple talaq uttered on February 12, 2007.
2. The plaintiff and defendant were married in 1989 according to Muslim rites and had three sons together. However, their relationship deteriorated such that reconciliation was not possible.
3. The plaintiff divorced the defendant through triple talaq in the presence of witnesses, paid her dower amount, and made provisions for her maintenance. He now seeks a court declaration confirming the dissolution of their marriage.
This chapter introduces family law and the role of paralegals in family law practices. It describes the nature and scope of contemporary family law, how technology has impacted the practice, and the paralegal's role. The chapter also covers objectives of client interviews, the importance of fee agreements and time sheets, legal research resources for family law paralegals, and basic ethical principles for paralegals.
The document discusses the major steps in the adoption process, including determining the rights of biological parents, terminating those rights, identifying adoptive parents, conducting home studies, filing adoption petitions, and finalizing the adoption. It also covers types of adoption, distinguishing between open and closed adoptions, and the rights of married and unmarried biological parents in the adoption process.
CHILD ADOPTION ACT 1956, ACCORDING TO THE INDIAN GOVERNMENT LAW, PREPARED BY Ms.JYOTI, INDIRA GANDHI COLLEGE OF NURSING,MUNSHIJANG AMETHI, UTTAR PRADESH. 227812. HINDU ADAPTION ACT, MUSLIM ADAPTION ACT, INTERNATIONAL ADOPTION ACT , DOMESTIC ADOPTION ACT, FAMILY ADOPTION ACT, NATIONAL ADOPTION ACT.
This document summarizes a chapter about parenthood from a family law textbook. It outlines learning objectives on topics related to determining legal parentage, such as the parties involved in parentage cases, how parentage is typically established, adjudicating paternity, addressing issues like fraud and new reproductive technologies, and the role of paralegals in parentage cases.
This document discusses child support, outlining 10 learning objectives covering topics such as the definition of child support, distinguishing it from spousal support, major federal government initiatives in the area, jurisdictional issues that arise in cases, how support is determined and modified, enforcement, and the role of paralegals. It provides details on child support guidelines, factors courts consider, modification and enforcement of orders, tax implications, and tasks paralegals perform in cases.
Birth Injury Medical Malpractice: Demystifying the Legal Process Howie, Sacks & Henry
Three to Be is a not for profit charity whose mission is to advocate and raise funds to support and advance the development of innovative research, education and therapies for children with neurological disorders.
This second webinar in our legal education series, Demystifying the Legal Process, is dedicated to parents and families of a child with a neurological disorder considering the a medical malpractice suit.
If you are considering a medical malpractice lawsuit, this session reviews:
*What you should consider before pursuing a law suit
*The steps in the legal process from Examinations for Discovery to resolution, either by Settlement or Trial
Director of Three to Be’s Parent Advocacy Link (PAL), moderates a discussion with HSH founding partner, Neil Sacks and associate Meghan Hull Jacquin to help you understand the steps involved in a medical malpractice legal suit.
This document discusses annulments, including:
- The nature and purpose of annulments is to declare a marriage null and void from the beginning for failing to meet legal requirements.
- Key differences between annulments and divorces are that annulments claim the marriage never validly existed, while divorces acknowledge the marriage existed but is now being terminated.
- Common grounds for annulment include lack of capacity to marry, prior existing marriage, fraud, and duress.
Understanding Guardianship for Minors_ A Comprehensive Guide.pdfJuile David
Discover the essential of guardianship for minors in this comprehensive guide. Ensure children's well-being with legal insights on care, support, and stability.
The document provides an overview of family law concepts including parental responsibility, orders under section 8 of the Children Act 1989, and family assistance orders. It discusses who can obtain parental responsibility, the principles and factors considered by courts, and the types of section 8 orders including residence, contact, prohibited steps, and specific issue orders. The document is intended to help students understand and revise key concepts in family law for an assessment.
Here are the key points regarding the rights of third parties in custody contexts:
- Third parties like grandparents, stepparents, or other relatives sometimes seek custody or visitation with a child. Their rights vary by state but are generally more limited than the rights of legal parents.
- All states have grandparent visitation statutes that allow grandparents to petition for visitation in certain circumstances like divorce, death of a legal parent, etc. However, the Supreme Court has placed limits on these statutes.
- Beyond grandparents, other third parties like stepparents or other relatives may seek custody or visitation by establishing that they have in loco parentis status, meaning they acted as the child's parent. They still have a high burden to
A practicing attorney after she earned her juris doctor from the University of San Francisco’s School of Law in 1977 and became a member of the bar in 1978, Arlene D. Kock represents clients in courts throughout the Bay Area in matters such as general civil litigation, family law, and misdemeanor and felony criminal cases. For more than 10 years, she was called upon to serve as a Judge Pro Tem and a Court Commissioner Pro Tem in both the Alameda County and the Contra Costa County courts. Arlene Kock is especially proficient in matters dealing with California family law, such as child custody and parenting issues. She is highly rated by both her peers and judges.
This document summarizes powers of attorney and guardianship. It discusses specific and general powers of attorney, as well as durable powers of attorney. It also discusses guardianship of minors, adults with disabilities, and the procedures for establishing guardianship through GLSC-DLC. Key aspects of guardianship include medical decision making, education decisions, managing finances and property, initiating lawsuits, and making decisions about living arrangements. The document also emphasizes clients' rights to self-determination and the least restrictive alternative in guardianship.
The document provides an overview of parental responsibility under the Children Act 1989. It defines parental responsibility as the rights, duties, powers and authority that parents have regarding their child. It discusses who is considered a parent both biologically and legally. It outlines that several people can have parental responsibility for a child including parents, guardians, those with residence orders, adopters and local authorities in some cases. Parental responsibility is joint and several when shared between multiple individuals.
JUVENILE CURFEWSIssues.Definitions of terminologies used.C.docxDIPESH30
JUVENILE CURFEWS
Issues.
Definitions of terminologies used.
Conclusions and inferences made on the issue.
Evidence and facts on conclusions made
Analysis of evidence used to make conclusions
1
Placing a juvenile curfew or specific rules that children under the age of 18 years of age has been a long going argument and is a topic with great opposing views. In this presentation we will look at the issues, go over the definitions for some of the common terminology and look at both sides of the arguments with supporting evidence for both.
1
The Argument: Should there be a legal curfew and driving restrictions to those under 18?
Definitions
legal curfews: laws that legally limit or prohibit ones ability and right to enjoy certain state of affairs as he was used to.
juvenile curfews: are passed in state and local levels to limit or prohibit persons under 18 from enjoying certain privileges.
restriction: to deny access to or prohibit.
issue is very controversial as its constitutionality is often contested under 1st, 4th,5th, 9th and 14th amendments that protect individuals fundamental rights
2
The first term is legal curfews: laws that legally limit or prohibit ones ability and right to enjoy certain state of affairs as he was used to. Next is juvenile curfews: are passed in state and local levels to limit or prohibit persons under 18 from enjoying certain privileges. The term restrictions is to deny access or prohibit. This leads to questions of the constitutional rights of individuals covered under the 1st, 4th, 5th, 9th and 14th amendments.
2
Amendments
1st: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
4th: “enforced the notion that “each man’s home is his castle”, secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law.”
5th: “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
3
Cornell Law
The first would cover if a person under the age of the ...
Special Education - Least Restrictive Environment - Dr. William Allan Kritson...William Kritsonis
Dr. Kritsonis Recognized as Distinguished Alumnus
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”
Dr. William Allan Kritsonis, Public School Law, American With Disabilities Action, Due Process, Discrimination, Bill of Rights, Least Restrictive Environment
Alb impact of court judgments on adoption - november 2014 (1) (1)Sir Martin Narey
This document seeks to clarify misconceptions about recent court judgments on adoption that have led to declines in adoption rates. It summarizes five common myths: 1) the legal test for adoption has not changed, 2) courts need only consider realistically possible options, not every suggested option, 3) "nothing else will do" does not mean pursuing less permanent options over adoption if adoption better meets the child's needs, 4) early planning for adoption is allowed if other options seem unlikely to work, and 5) the 26 week rule does not apply to placement orders as it does for care and supervision orders. The goal is to reassure local authorities they can still pursue adoption when properly evidenced as the best option to meet a child's
This document provides an overview of a lecture on child and adolescent medical decision-making. It introduces the topics that will be covered, which include the ethical issues surrounding decision-making for younger children, children's rights, the legal framework for decisions involving incompetent children, parental responsibilities and limitations, and the use of case studies. It discusses concepts like the moral status of children, autonomy, paternalism, and the UN Convention on the Rights of the Child. It outlines professional guidance from organizations like the GMC. It also explains key aspects of UK law from the Children Act 1989 regarding parental responsibility, the paramountcy principle of the child's welfare, and the courts' inherent jurisdiction.
The document provides definitions for various terms commonly used in the adoption process. It explains that understanding adoption terminology can help navigate the adoption process, but that professionals may use some words differently so it's important to ask for clarification. It then lists over 20 terms frequently encountered along with their meanings, such as adoptee, adoption plan, birth parent, consent to adoption, and open adoption. The document encourages readers unsure of a term to ask adoption professionals for explanation, as specialists are happy to clarify and don't expect everyone to know everything from the beginning of their adoption journey. It concludes by providing contact information for an adoption agency that can assist with adoption questions or process.
The document discusses the challenges facing corrections professionals today, including increased prison populations, more serious inmate needs, new technology, budget cuts, and negative public perceptions. It emphasizes that maintaining safety and security should be the top priority for corrections agencies over inmate programs. Other challenges include high staff turnover, the importance of extensive training, the psychological toll of executions, and preparing inmates for successful reentry. The document outlines how to create a culture of professionalism through shared values and standards, and relationships with oversight bodies. It describes the recruitment and recognition processes used by professional corrections agencies.
The document discusses the history and development of victims' rights in the criminal justice system, from victims having little status or rights in the early 1970s to the passage of numerous laws at both the federal and state levels establishing victims' rights. It also outlines various services and programs that exist to help victims of crimes, such as victim compensation, restitution, victim impact statements, and notification programs. The future of victims' rights aims to further establish fundamental rights for crime victims and provide comprehensive victim services.
This document provides a summary of the history and development of prisons in America from the 1790s to present day. It discusses the origins of the penitentiary system and the Pennsylvania and Auburn systems of solitary confinement. It then outlines the major eras in American corrections from the Penitentiary Era to today's Just Deserts model. Key facts are provided on current prison populations regarding numbers, demographics like increasing female populations, and classifications.
The chapter discusses the history and evolution of the juvenile justice system in the United States. It covers the origins of separate treatment of juvenile offenders beginning in the 18th century and key milestones like the establishment of the first juvenile court in 1899. The chapter also examines landmark Supreme Court cases that established due process rights for juveniles and the current three-phase process of intake, adjudication, and disposition for dealing with juvenile offenders.
This document provides a brief history and overview of capital punishment. It discusses how the death penalty has been used throughout history and how views on it have changed over time, especially in the 18th century Enlightenment. It also summarizes several important Supreme Court cases that have shaped the application of the death penalty in the US. Finally, it covers current death row practices and procedures, as well as topics like public opinion, juveniles receiving the death penalty, and executing the mentally disabled.
The document discusses several issues facing prisons including overcrowding, security threats from gangs, riots, and privatization. It notes that prison populations have increased six-fold in the past 25 years leading to severe overcrowding. Security threat groups like gangs make up around 15% of the prison population. The document also discusses accreditation, privatization of prisons, and new technologies being used in corrections.
This chapter discusses special prison populations including elderly inmates, inmates with mental illnesses or disabilities, and those with HIV/AIDS. It notes the increasing numbers of these special needs inmates and challenges in their management. Key issues addressed include substance abuse treatment and recidivism, prevalence and treatment of HIV/AIDS, the high number of mentally ill inmates and their needs, and medical issues for elderly populations. Housing, costs, and legal considerations for these inmates are also covered.
The document discusses the historical "hands-off doctrine" of American courts not intervening in prison management. It describes how prisoners' rights have expanded since the 1960s due to court rulings establishing certain constitutional rights apply to prisoners as well. The document outlines various ways prisoners can challenge prison conditions, such as through lawsuits, and discusses how the courts balance prisoners' rights with the needs of prison administration.
This document provides an overview of life behind bars for inmates. It discusses total institutions, modes of inmate adaptation, the inmate subculture, prisonization, pains of imprisonment, theories on the formation of inmate subcultures, the prison code, argot, inmate roles for men and women, sexuality and violence in men's prisons, characteristics of women inmates compared to men, and features unique to women's prisons such as pseudofamilies and mothers in prison. It concludes with a brief discussion of cocorrectional facilities that house both male and female offenders.
This document discusses managing the prison population and staff. It covers the roles and goals of correctional staff, including providing security, ensuring humane incarceration, and helping inmates develop skills. It describes the staff hierarchy and bases of power. It also examines the staff subculture, personalities, job assignments, stressors, safety concerns, job satisfaction, professionalism, and challenges like managing terrorist inmates.
This document discusses parole, its history, and issues related to reentry of offenders. It covers topics such as the definition and types of parole, the development of parole in the US and England, characteristics of parolees, arguments around whether parole is effective, and challenges with reintegration of offenders. It also addresses related topics such as reentry courts, community policing, and debates around abolishing parole boards.
Jails serve as local correctional facilities that hold individuals awaiting trial or serving short sentences of less than one year. They have historically struggled with overcrowding, underfunding, and inadequate staff training. Today's jails house a growing population that includes many with mental illnesses, substance abuse issues, and poor physical health. Jail administrators work to implement reforms like evidence-based programs, education/vocational training, and accreditation to improve conditions.
This document discusses intermediate sanctions, which are punishment options that are more restrictive than probation but less restrictive than incarceration. It describes various types of intermediate sanctions like drug courts, intensive supervision probation, community service, and remote monitoring. The goals of intermediate sanctions are to better match punishment severity to crime seriousness, promote rehabilitation, and reduce incarceration costs. Research suggests intermediate sanctions can reduce recidivism rates compared to traditional probation or incarceration.
This chapter discusses diversion and probation, which are how most criminal offenders are punished. It covers topics such as the objectives and rationales of diversion programs, the types of diversion (unconditional and conditional), the history and goals of probation, characteristics of adults on probation, research on whether probation is effective, the duties of probation officers including preparing presentence reports, and the probation revocation process.
This document discusses sentencing philosophies and goals, including punishment, rehabilitation, deterrence, and restitution. It outlines different sentencing models such as determinate, indeterminate, and guideline sentencing. It also covers sentencing options, enhancements, and broader issues around proportionality, equity, and racial disparities in legislation and sentencing.
The document provides a history of punishments from ancient times through the 18th century. It describes physical punishments used in ancient Israel, Greece, Rome, and other early civilizations including various forms of execution, mutilation, torture, and public humiliation. It then discusses the emergence of incarceration through the establishment of workhouses and the philosophical shift toward imprisoning criminals that led to the development of the modern prison system.
The number of people under correctional supervision in the US has continued to climb despite declines in crime rates. This is due to get-tough-on-crime laws, the War on Drugs, and parole authorities' fear of liability. There are now over 500 incarcerated per 100,000 people. Corrections involves prisons, jails, probation, parole, and alternative sentencing programs. The growing corrections population has led to an expanding workforce of over 750,000 nationwide. Corrections aims to achieve justice through the criminal justice system, which includes the police, courts, and corrections.
This document outlines learning objectives for a lecture on separation agreements. The objectives cover the nature and purpose of separation agreements, how they are developed, their key components, the differences between merged and surviving agreements, and the role of courts in approving, modifying, and enforcing separation agreements. The paralegal's role in preparing separation agreements is also addressed.
The document discusses property division in Chapter 11. It covers the five phases of the property division process: defining property, classifying property as separate or marital, identifying property subject to division, valuing property, and dividing property. It also distinguishes between separate and marital property, the kinds of property subject to division, and the two main approaches to property division - community property and equitable distribution.
The document discusses challenges and opportunities in juvenile corrections, including a growing focus on rehabilitation over punishment. There is increasing interest in restorative justice and treating youth in the least restrictive environment possible. New models of institutional management include self-governance approaches and positive peer culture. Effective interventions include risk assessments combined with case planning. Evidence-based practices and reducing disproportionate minority contact are also discussed.
1. Chapter 14:
Adoption
12
Family Law for the Paralegal
2nd Edition
Wilson
Class Name
Instructor Name
Date, Semester
2. LEARNING OBJECTIVES
After this lecture, you should be able to:
14.1 Explain what adoption is and the purposes it 12
serves.
14.2 Identify various types of adoption.
Distinguish between an open and a closed
14.3 adoption.
Class Name
Instructor Name
Date, Semester
Cont.
3. LEARNING OBJECTIVES
After this lecture, you should be able to:
14.4 List the major steps in the adoption process.
12
Discuss the rights of wed and unwed biological
14.5 parents in the adoption process.
Explain what a putative father registry is and the
14.6 purposes it serves.
Class Name
Instructor Name
Date, Semester
Cont.
4. LEARNING OBJECTIVES
After this lecture, you should be able to:
14.7 Identify circumstances in which parental rights 12
may be terminated.
Identify who must consent to an adoption and
14.8 what the characteristics of an effective consent
are.
14.9 Explain what a safe haven law is.
Class Name
Instructor Name
Date, Semester
Cont.
5. LEARNING OBJECTIVES
After this lecture, you should be able to:
14.10 Explain when an adoption may be challenged 12
and by whom.
Describe the role of the paralegal in an adoption
14.11 case.
Class Name
Instructor Name
Date, Semester
6. Learning Objective
After this lecture, you should be able to:
Explain what adoption is and
14.1 the purposes it serves.
7. What is adoption and what
14.1 purposes does it serve?
• Adoption is the judicial process by which a new parent-
child relationship is created and an adoptive parent
assumes the legal rights and duties of a biological parent.
• It is essentially a two-step process in which an existing
parent-child relationship (usually between a child and
one or both of his or her birth parents) is terminated and a
new relationship is judicially created, in effect, a birth by
legal process.
• An adoptive parent may be a stranger to the child, a
relative, a step-parent, or a known but unrelated adult as
is usually the case in an adult adoption.
• The adoption may and, in some states, must be
coordinated by a state-approved public or private
agency, and in the ART context may be facilitated by a
contractual agreement enforceable in the courts.
7
8. What purposes does adoption
14.1 serve?
• Adoption has existed for centuries. It initially served to
meet the needs of adults wishing to maintain political
power, and ensure heirs and the orderly transfer of
wealth. Today its primary purpose is to protect children
and ensure their futures within the context of a family unit.
• Once finalized, the relationship between the adoptee
and adoptive parent is as permanent as the relationship
between a child and a biological parent and it does not
end with a parent’s death or divorce. It can only be
terminated by court order.
• Adoption brings to the child a wide range of benefits
including, for example, the right to be supported while a
minor, the right to inherit by and through the adoptive
parents, the right to receive worker’s compensation
benefits for dependents, and the right to bring a wrongful
death action on the death of an adoptive parent.
8
10. What are the five major types of
14.2 adoption?
• Agency adoption: an adoption facilitated by an agency
licensed by the state that is essentially responsible for all
phases of the adoption process
• All states permit agency adoptions and many require that
an agency facilitate the adoption except in the case of a
step-parent or close family member.
• Independent adoption: sometimes called private,
designated or identified adoption, an independent
adoption is usually facilitated by a third party such as a
physician or an attorney, rather than by a licensed state
agency but it still must be approved by a court
• A majority of states permit independent adoptions but
some do not because of concern that they are not as
carefully regulated or screened as agency adoptions.
10
11. What are the five major types of
14.2 adoption? (continued)
• International adoption: an adoption in which a child residing in
one country is adopted by a resident of another country
• This is a highly specialized area of practice in which careful
attention must be given to complying with the laws governing
adoption in both countries including immigration laws. (See
Paralegal Application 14.1 Do You Want to Learn More About
International Adoption? on pages 488-489.)
• Equitable adoption/adoption by estoppel: refers to a situation
in which prospective adoptive parents accept a child into their
home and raise the child as their own without ever finalizing the
formal adoption process
• The courts in some states will treat this situation as if the
adoption actually took place especially when adoptive
parents die without a will and an effort is made to deny the
child’s inheritance claim.
11
12. What are the five major types of
14.2 adoption? (continued)
• Illegal/black market adoption: an adoption
brokered by an individual who collects a substantial
fee for locating a child who is transferred from one
person or couple to another without formal legal
process
• “Baby selling” is prohibited in all states and such
“adoptions are likely to be considered void if
challenged at a later date.
12
13. Learning Objective
After this lecture, you should be able to:
Distinguish between an open
14.3 and a closed adoption.
14. What is the difference between an
14.3 open and a closed adoption?
• Closed adoption: The traditional model, a closed adoption is
an adoption in which biological and adoptive parents
essentially know nothing about each other, and adoptees have
no access to their original birth certificates or identifying
information about their biological parents. The general rule is
that once an adoption is finalized, a new birth certificate is
issued and an effort is made to protect the privacy of the birth
parents and the security of the new adoptive family unit.
• Open adoption: An open adoption is an adoption in which
biological parents, adoptive parents, and adoptees have
varying degrees of contact with each other.
• Increasingly states are providing for the release of information
to adoptees under special circumstances (such as medical
emergencies) and/or when the adoptee reaches the age of
majority (usually 18).
14
16. What are the major steps in the
14.4 adoption process?
• Adoption is a creation of statute and is subject to
governing state and federal laws. Each state has
enacted its own procedures and practices which
vary considerably from state to state.
• The steps are carried out by several individuals
whose roles and relationships vary depending on
governing law and the facts of each case: biological
parents, adoptive parents, attorneys, agency
personnel, third-party facilitators, and the courts.
16
17. What are the major steps in the
14.4 adoption process? (continued)
• The basic process in virtually all states includes the following:
– Determine the rights of the biological/legal parents
– Terminate the rights of the biological/legal parents by consent or involuntary
termination
– Identify potential adoptive parents and adoptees
– Conduct home studies (See Exhibit 14.1 on page 510 of the text.)
– Determine proper jurisdiction and venue
– File petition for adoption (See Exhibit 14.12 on pages 512-514 of the text.)
– Serve notice on all interested parties
– Conduct a preliminary hearing
– Issue an interlocutory decree granting temporary custody to the adoptive
parents
– Arrange preadoption placement with the adoptive parents
– Issue final decree
– Consider challenges to the decree, if any
17
18. Learning Objective
After this lecture, you should be able to:
Discuss the rights of wed and
14.5 unwed biological parents in
the adoption process.
19. What are the rights of biological
14.5 parents in the adoption process?
• The biological mother: Her rights are essentially
established at birth. She can choose to place her child
and consent to adoption or her rights may be terminated
by clear and convincing evidence.
• The married father: Under the marital presumption, if no
other father has been legally established, the married
father’s parental rights must be surrendered or terminated
for the adoption to move forward.
• The father whose identity or whereabouts are unknown: A
diligent search must be made to identify and locate the
father and proof of the effort may be required by the
court. A failure to conduct a proper search can result in a
later challenge to the adoption on the grounds the father
did not receive proper notice.
19
20. What are the rights of biological parents in
14.5 the adoption process? (continued)
• The nonmarital biological father: Under common law, the
unmarried father had no rights to intervene in an action to
adopt his child. His rights in the contemporary adoption context
are shaped by a series of U.S. Supreme Court cases.
• The Court has established that fathers of nonmarital children
have constitutionally protected rights under the Equal
Protection Clause and a privacy interest in the children they
have sired such that their rights cannot be terminated without
notice and an opportunity to be heard.
• But their rights are neither automatic nor unlimited. Under the
biology-plus rule, an unwed father’s rights are entitled to
constitutional protection only if the father grasps the
opportunity to develop a relationship with and accept
responsibility for his child.
• The extent of demonstrated commitment that must be shown
by the unmarried father varies by state.
20
21. Learning Objective
After this lecture, you should be able to:
Explain what a putative father
14.6 registry is and the purposes it
serves.
22. What is a putative father registry and
14.6 what purposes does it serve?
• A putative father is a man who is believed to be (or
believes himself to be) the father of a child but who was
not married to the mother when the child was born and
whose paternity has not yet been established by legal
process.
• A putative father registry is a vehicle available in one
form or another in a majority of states that is designed to
protect a putative father’s parental rights by giving him
notice of a pending adoption proceeding without his
having to rely on the birth mother or prospective adoptive
parents for such information.
• When a putative father registers, he is registering his intent
to assert his rights and responsibilities as a parent. If he
registers within a specified time period, he will be given
notice of a proposed adoption of his child and petition for
termination of his parental rights.
22
23. Learning Objective
After this lecture, you should be able to:
Identify circumstances in
which parental rights may be
terminated.
24. Under what circumstances can a legal
14.7 parent’s rights be terminated?
• Prior to the 1960s, public policy favored preservation
of the biological family as a priority and reunification
of the family if a child was removed from the home
temporarily and placed in the care of the state for
some reason.
• Today under federal and state law, the focus is on
permanency planning for the thousands of children
in state care who have lost their parents due to
death, abandonment, incarceration, and/or abuse
and neglect. Permanency planning is designed to
move children as soon as possible into healthy,
stable, and permanent homes.
24
25. 14.7 Under what circumstances can a legal parent’s
rights be terminated? (continued)
• For an adoption to proceed, in most cases, the biological parents’
rights must be extinguished through voluntary consent or
involuntary termination. This is usually accomplished in one of four
ways.
• The parents voluntarily surrender their rights and th
e court transfers custody of the child to an agency which
places the child in foster care or some other residential setting
pending adoption.
• The biological/legal parents consent to the adoption directly and
their consents are filed with the petition for adoption.
• The biological/legal parents’ rights are terminated by the court for
cause and the state is granted custody of the child pending an
adoption.
• One of the parents, a third party, or a prospective adoptive parent
asks the court to dispense with parental consent and release the
child for adoption given the circumstances of the case.
25
26. Under what circumstances can a legal
14.7 parent’s rights be terminated? (continued)
• Because they are constitutionally protected, parental
rights generally cannot be terminated without notice and
an opportunity to be heard in a termination proceeding.
• Although there is no constitutional right to an attorney in a
termination proceeding, most states establish such a
right.
• The states generally establish by statute, administrative
regulation, and/or case law the circumstances in which
termination can occur given clear and convincing
evidence of parental unfitness and the best interests of
the child.
• Parental rights cannot be terminated simply because
parents are poor, exercise weak parental judgment, are
messy housekeepers, drink, or are strict or lax in
discipline.
26
27. 14.7 Under what circumstances can a legal parent’s
rights be terminated? (continued)
• Examples of circumstances in which parental rights
may be terminated include the following:
– They are incarcerated for serious crimes against children.
– They abandon their children for a prolonged period.
– They fail to support their children for an extended period of
time depriving them of the necessaries of life (food, clothing,
shelter, etc.) although nonsupport alone may not be enough.
– They place the child in an unsafe environment by engaging in
high risk and/or illegal behaviors in the presence of the child
such as prostitution and sales of drugs and weapons.
– The fail to participate in a court-ordered family-reunification
plan.
27
28. Learning Objective
After this lecture, you should be able to:
Identify who must consent to
an adoption and what the
14.8 characteristics of an effective
consent are.
29. Who must consent to an
14.8 adoption?
• Each state establishes by statute or administrative
regulation the requirements governing consent to
the kinds of adoptions permitted in the jurisdiction:
who must consent, the form of the consent, when the
consent can be given, and the circumstances under
which the consent can be revoked.
• Consent rules are designed to balance the
constitutionally protected rights of biological/legal
parents and the rights of adoptive parents seeking to
establish a new family unit with confidence.
29
30. Who must consent to an
14.8 adoption? (continued)
• Absent involuntarily termination, the mother’s
consent (or surrender of parental rights) is required
and the father’s consent may be required
depending on the circumstances (Is he married or
unmarried? if unmarried has he made an effort to
establish his rights and responsibilities as a father?)
• In most states, courts will consider the wishes of the
child and, in some states, the adoptee’s consent
may be required if he or she has reached a certain
age (usually 12-14).
• Unlike a typical adoption, in a step-parent adoption,
the cut-off rule does not apply to the parent who
remains in the new family unit.
30
31. What are the characteristics of
14.8 an effective consent?
• The consent must be in an impartially witnessed and
notarized writing that clearly identifies the child and
the parental rights being terminated.
• The consent must be informed: Ideally, the parent
should participate in some form of counseling and
have legal advice with respect to the nature and
effect of the consent.
• The consent is more likely to be deemed valid if the
parent has been given copies of all documents to
be signed in advance, has had sufficient time to
review them and obtain advice, and understands
the documents and the effect of signing.
31
32. What are the characteristics of an
14.8 effective consent? (continued)
• The consent must be free from duress, fraud, and
undue influence.
• The consent must be given according to a time
frame established by statute or regulation. Although
a few states permit pre-birth consents, the majority
specify that consent can only be given after a
certain period following birth (generally three days).
• The general rule is that a consent that is given
voluntarily, knowingly, and intelligently cannot be
revoked absent fraud, duress, or undue influence.
32
34. 14.9 What is a safe haven law?
• A safe haven law is a law that allows a parent or an
agent of a parent, of an unwanted newborn to
anonymously leave the baby at a safe haven
center, such as a hospital emergency room or
police station, without fear of legal charges of
abandonment or child endangerment, etc. as long
as there is no evidence of abuse.
• Adoptions of babies left at safe-havens are at-risk of
being challenged at a later date if a biological
father asserts that he was not given notice of the
birth and the adoption and did not consent to it.
34
35. Learning Objective
After this lecture, you should be able to:
Explain when an adoption
14.10 may be challenged and by
whom.
36. When can an adoption be
14.10 challenged and by whom?
• The general rule is that adoptions are considered
final but occasionally challenges do arise.
• The three most common sources of challenges are
the following:
– Unwed biological fathers who never received notice of their
child’s adoption (See Case 14.1 In re Doe (1994) on pages
515-516.)
– Biological parents who seek to revoke their consents
– Adoptive parents who seek to abrogate an adoption they
believe was wrongfully procured by an agency that failed to
provide them with accurate or sufficient information about the
adoptee prior to the adoption
36
37. Learning Objective
After this lecture, you should be able to:
Describe the role of the
14.11 paralegal in an adoption
case.
38. What is the role of a paralegal
14.11 in an adoption case?
• The paralegal’s role in an adoption case depends on
four primary factors:
– The extent to which the firm where he or she is
employed specializes in adoption
– The type of adoption involved
– The client’s role in the litigation: Is he or she the
petitioner? Is he or she seeking to block the
adoption? Is the client an agency?
– The nature and level of the paralegal’s skills
38
39. What is the role of a paralegal in an
14.11 adoption case? (continued)
• In addition to the tasks customarily performed by
paralegals, the paralegal may be assigned to do the
following in an adoption case:
• Research state and federal statutes, case law, and
procedural rules and regulations governing adoption
in the jurisdiction (including research on issues such
as the rights of nonmarital fathers and co-parents,
effective consents, and involuntary termination of
parental rights)
39
40. What is the role of a paralegal in an
14.11 adoption case? (continued)
• Create websites and marketing strategies for attracting
prospective adoptive parents and parents considering
placing their children for adoption
• Conduct a thorough search for a biological father whose
whereabouts are unknown
• Draft open adoption agreements
• Locate and draft necessary documents such as petitions,
consents, surrenders, etc.
• Draft documents required if the child to be adopted is
Native American
• Draft documents required by ICPC (the Interstate
Compact on the Placement of Children) if the adoption
involves multiple states
40
41. Chapter Summary
14.1 Explain what adoption is and the purposes it 12
serves.
14.2 Identify various types of adoption.
Distinguish between an open and a closed
14.3 adoption.
Class Name
Instructor Name
Date, Semester
Cont.
42. Chapter Summary
14.4 List the major steps in the adoption process.
12
Discuss the rights of wed and unwed biological
14.5 parents in the adoption process.
Explain what a putative father registry is and the
14.6 purposes it serves.
Class Name
Instructor Name
Date, Semester
Cont.
43. Chapter Summary
14.7 Identify circumstances in which parental rights 12
may be terminated.
Identify who must consent to an adoption and
14.8 what the characteristics of an effective consent
are.
14.9 Explain what a safe haven law is.
Class Name
Instructor Name
Date, Semester
Cont.
44. Chapter Summary
14.10 Explain when an adoption may be challenged 12
and by whom.
Describe the role of the paralegal in an adoption
14.11 case.
Class Name
Instructor Name
Date, Semester