Presentation by Robyn Hamilton about exceptional circumstances best interests representation of children unable to give instructions in the Family Division of the Children's Court.
This document provides an overview of Georgia's CHINS (Children in Need of Services) process and statute. It defines a CHIN as a child adjudicated to need services due to issues like truancy, disobedience, or criminal offenses. The purpose is to acknowledge family issues, encourage participation, provide treatment programs, and ensure agency cooperation. The process involves complaints, petitions, hearings to determine custody and services, and dispositional orders up to 2 years. Key powers for courts include convening agencies, ordering services, referrals, and ongoing monitoring. Developing best practices requires understanding this population, using statutory authority, and adapting current models.
Guardianships can provide legal permanency for children in foster care under certain circumstances. They are often seen as more legally durable than custody but more flexible than adoption. Some key issues discussed include the inappropriate use of temporary guardianships to close child welfare cases without providing services, as well as a lack of clear procedures for handling cases transferred from probate to juvenile court. In response, the Division of Family and Children Services implemented a policy prohibiting the pursuit of temporary guardianships during child welfare involvement.
Child's Right to Counsel in Dependency Proceedingsbartoncenter
This presentation explores the rights of children of abuse, neglect, and abandonment to be represented in juvenile court and receive zealous advocacy on his/her behalf. Models of representation are addressed and the impact of the Kenny A. v. Perdue class action lawsuit on attorneys' duties in providing counsel to children.
Dependency and Termination of Parental Rightsbartoncenter
The document outlines Georgia law regarding dependency and termination of parental rights proceedings. It discusses the purpose of dependency proceedings which is to protect children's welfare and ensure permanency. It describes the role of the child's attorney and guardian ad litem in advocating for the child's best interests. The document also summarizes procedures for removal, adjudication, case plans, visitation and reasonable efforts to reunify families.
This document discusses the reproductive health needs of court-involved youth and the legal authority to provide them care. It notes that pregnancy rates are much higher for youth in foster care than others, and early parenting exacerbates challenges. The law authorizes medical consent for these youth and supports providing education, exams, and contraception. Collaboration between legal and child welfare systems can help address motivations for early pregnancy and improve long-term outcomes.
Reinstatement of Parental Rights in Georgiabartoncenter
This document summarizes a presentation on reinstating parental rights in Georgia. It discusses different state approaches to reinstatement, including restoration vs reinstatement. It outlines options for parents to petition for reinstatement, such as motions for reconsideration. It also discusses the role of guardians in the process and alternatives to reinstatement for returning children to parents. The document presents arguments for and against reinstatement. Finally, it outlines Georgia's proposed juvenile code governing the reinstatement process.
After public outcry for more oversight and access to juvenile courts, Georgia's legislature passed SB 207 seeking to balance the interests of privacy of children and families involved with Georgia's juvenile courts with the public's interest in transparency and the work of the court.
Discretionary Appeals from Juvenile Court - TPR Casesbartoncenter
A 10-year retrospective of the appeals and reversals of termination of parental rights rulings in Georgia presented by Tom C. Rawlings, child advocate attorney and former juvenile court judge. This presentation was given at the Georgia Child Welfare Legal Academy
This document provides an overview of Georgia's CHINS (Children in Need of Services) process and statute. It defines a CHIN as a child adjudicated to need services due to issues like truancy, disobedience, or criminal offenses. The purpose is to acknowledge family issues, encourage participation, provide treatment programs, and ensure agency cooperation. The process involves complaints, petitions, hearings to determine custody and services, and dispositional orders up to 2 years. Key powers for courts include convening agencies, ordering services, referrals, and ongoing monitoring. Developing best practices requires understanding this population, using statutory authority, and adapting current models.
Guardianships can provide legal permanency for children in foster care under certain circumstances. They are often seen as more legally durable than custody but more flexible than adoption. Some key issues discussed include the inappropriate use of temporary guardianships to close child welfare cases without providing services, as well as a lack of clear procedures for handling cases transferred from probate to juvenile court. In response, the Division of Family and Children Services implemented a policy prohibiting the pursuit of temporary guardianships during child welfare involvement.
Child's Right to Counsel in Dependency Proceedingsbartoncenter
This presentation explores the rights of children of abuse, neglect, and abandonment to be represented in juvenile court and receive zealous advocacy on his/her behalf. Models of representation are addressed and the impact of the Kenny A. v. Perdue class action lawsuit on attorneys' duties in providing counsel to children.
Dependency and Termination of Parental Rightsbartoncenter
The document outlines Georgia law regarding dependency and termination of parental rights proceedings. It discusses the purpose of dependency proceedings which is to protect children's welfare and ensure permanency. It describes the role of the child's attorney and guardian ad litem in advocating for the child's best interests. The document also summarizes procedures for removal, adjudication, case plans, visitation and reasonable efforts to reunify families.
This document discusses the reproductive health needs of court-involved youth and the legal authority to provide them care. It notes that pregnancy rates are much higher for youth in foster care than others, and early parenting exacerbates challenges. The law authorizes medical consent for these youth and supports providing education, exams, and contraception. Collaboration between legal and child welfare systems can help address motivations for early pregnancy and improve long-term outcomes.
Reinstatement of Parental Rights in Georgiabartoncenter
This document summarizes a presentation on reinstating parental rights in Georgia. It discusses different state approaches to reinstatement, including restoration vs reinstatement. It outlines options for parents to petition for reinstatement, such as motions for reconsideration. It also discusses the role of guardians in the process and alternatives to reinstatement for returning children to parents. The document presents arguments for and against reinstatement. Finally, it outlines Georgia's proposed juvenile code governing the reinstatement process.
After public outcry for more oversight and access to juvenile courts, Georgia's legislature passed SB 207 seeking to balance the interests of privacy of children and families involved with Georgia's juvenile courts with the public's interest in transparency and the work of the court.
Discretionary Appeals from Juvenile Court - TPR Casesbartoncenter
A 10-year retrospective of the appeals and reversals of termination of parental rights rulings in Georgia presented by Tom C. Rawlings, child advocate attorney and former juvenile court judge. This presentation was given at the Georgia Child Welfare Legal Academy
Open Juvenile Courts in Georgia - SB 207bartoncenter
This Georgia Child Welfare Legal Academy outlines the changes in the law regarding open v. closed juvenile courts after the passage of Senate Bill 207.
Deborah Burrus, State Permanency Director, GA Division of Family and Children Services, presents information about legal guardianship and how it differs from adoption.
15.6 court jurisdiction cases and other icpc compomentsscreaminc
This document outlines Georgia's Division of Family and Children Services policies regarding the Interstate Compact on the Placement of Children (ICPC). It details procedures for court jurisdiction cases, protective custody services, out-of-state foster home and group home placements, interstate visits, relocation of family units, and returning status offenders to their state of residence. Requirements include using the ICPC for court-ordered placements and services across state lines, and maintaining legal jurisdiction and financial responsibility until the receiving state approves the arrangement.
Making reasonable efforts through effective case planningbartoncenter
The document discusses reasonable efforts in child welfare cases. It defines reasonable efforts as doing for families and children what we would want done for our own families if in similar circumstances. It says reasonable efforts are required to preserve and reunify families before removal, to prevent removal, and to make return home possible. Reasonable efforts are everybody's responsibility, and passivity is complicity. Timely delivery of services can be as important as the services themselves to constitute reasonable efforts.
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
Revitalizing the Code: Delinquency & Competencybartoncenter
This document summarizes key provisions of Article 6 and 7 of Georgia's juvenile code related to delinquency and competency. The summary includes:
1) Article 6 outlines the purpose, parties, roles of prosecutors/defense attorneys, case timelines, intake process, detention procedures, petition requirements, adjudication process, and disposition options for delinquency cases, including regular and designated felony offenses.
2) Article 7 defines incompetency to proceed and outlines competency evaluation and hearing procedures. If a child is found incompetent, the court may dismiss the case without prejudice or order competency remediation services.
3) Key changes include expanded victims' rights, notice requirements for designated felony releases, and
Dependency and Neglect Proceedings In Juvenile CourtHealth Easy Peasy
This document summarizes Tennessee laws and procedures related to child abuse and neglect referrals and dependency and neglect cases in juvenile court. It outlines who must make a child abuse referral, the process after a referral is made, and key aspects of investigations, custody determinations, permanency planning hearings and more. Key parties in the process are outlined, including the roles of the Department of Children's Services and juvenile court.
This document discusses declaratory judgments and their use or lack thereof in family court cases involving unaccompanied minors. It notes that declaratory judgments cannot be used to alter or affect existing legal rights and relationships without due process. A declaratory judgment finding abuse, neglect or abandonment of a parent could negatively impact their rights and be grounds for termination of parental rights. As such, a declaratory judgment is generally not appropriate in family court cases where parental rights and the parent-child relationship are at issue. The document also discusses other procedural and ethical requirements around proper representation and protecting the integrity of the court.
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...bartoncenter
Howard Davidson, Director, American Bar Association Center on Children and the Law, presents changes in law and policy regarding the issues of managing privacy and confidentiality of child abuse cases and the need for greater transparency and accountability from those who manage the cases.
The document discusses child custody in divorce proceedings in India. It outlines the factors courts consider in determining custody, including the emotional and physical environment of the child, safety, health of parents, and preference of the child. Courts aim to promote the welfare and best interests of the child. Custody can be granted to either parent and may change over time based on new circumstances to continue serving the child's welfare. Religions in India have their own laws regarding custody but ultimately the courts determine arrangements based on the child's needs.
This document provides information about Special Immigrant Juvenile (SIJ) status, an immigration classification that allows certain abused, abandoned, or neglected children to apply for lawful permanent residence or a "green card." To qualify for SIJ status, children must be unmarried and under 21 years of age, physically present in the U.S., and have a juvenile court order finding that reunification with one or both parents is not viable due to abuse or neglect, that the child is dependent on the court or in the custody of an agency or individual, and that it is not in the child's best interests to return to their country of origin. The document outlines roles that juvenile court judges, child welfare workers, and other professionals
This document discusses inter-country adoption, including its background and growth over time. It notes that over 2.6 lakh Indian babies have been placed in inter-country adoptions in the past 3 decades. While providing children with families and opportunities, inter-country adoption also faces issues like child trafficking and a lack of regulation. The document calls for effective steps and international cooperation to ensure children's best interests and prevent illegal activities like sale and trafficking.
Cara (central adoption resource authority)Rachna Sharma
a brief review of CARA, helpful for Bachelors of Social work student and law students. it only provides brief information not pure;y in detail. good for intro.
3.11 termination of parental rights (tpr)screaminc
This document outlines Georgia state policies and requirements regarding the termination of parental rights. It discusses when DFCS is required to file a TPR petition, including if a child has been in foster care for 15 of the last 22 months. It also lists grounds for filing a TPR petition such as parental consent, abandonment, or failure to comply with a case plan. If grounds are established, the court then considers whether TPR is in the child's best interest based on their attachments, wishes, need for permanency and other factors. TPR hearings are held in the county with jurisdiction over the child.
This document provides draft guidelines on the adoption of Indian children without parental care in 3 parts:
1. It introduces the background and goals of prioritizing the best interests and safety of children, family preservation, and in-country adoption over institutionalization and inter-country adoption.
2. It outlines the recognition and authorization procedures for specialized adoption agencies, recognized Indian placement agencies, adoption coordinating agencies, and authorized foreign adoption agencies.
3. It describes the roles and functions of central and state authorities, adoption committees, child welfare committees, and associated agencies in the adoption process, and provides guidance on adoption procedures, rights and ethics.
The document aims to facilitate adoption in accordance with Indian and international law
Phones and internet: Your rights – Lesson 5: Digital story – Problems and costsVictoriaLegalAid
Deng goes to a migration agent to sponsor his wife to come to Australia. The agent tells Deng he needs proof of an ongoing relationship, so Deng calls his wife daily to build up a large phone bill as evidence. However, the phone bill is very expensive and Deng worries about how to pay it. He considers writing letters instead to maintain contact with his wife at less cost.
What i learnt about the technologies of constructing..michtute
The document discusses the technologies and software used to create a thriller project. It describes using iMac computers with unfamiliar software like LiveType and Final Cut Express to edit video and add effects. Cameras were used to record scenes, with some shots taken on a tripod for stability and others handheld. Blogger was used for documentation and websites like Survey Monkey, Moby Gratis, and YouTube were utilized at different stages of the project creation. Overall, the document outlines getting accustomed to new technologies and adapting to complete the thriller production.
Open Juvenile Courts in Georgia - SB 207bartoncenter
This Georgia Child Welfare Legal Academy outlines the changes in the law regarding open v. closed juvenile courts after the passage of Senate Bill 207.
Deborah Burrus, State Permanency Director, GA Division of Family and Children Services, presents information about legal guardianship and how it differs from adoption.
15.6 court jurisdiction cases and other icpc compomentsscreaminc
This document outlines Georgia's Division of Family and Children Services policies regarding the Interstate Compact on the Placement of Children (ICPC). It details procedures for court jurisdiction cases, protective custody services, out-of-state foster home and group home placements, interstate visits, relocation of family units, and returning status offenders to their state of residence. Requirements include using the ICPC for court-ordered placements and services across state lines, and maintaining legal jurisdiction and financial responsibility until the receiving state approves the arrangement.
Making reasonable efforts through effective case planningbartoncenter
The document discusses reasonable efforts in child welfare cases. It defines reasonable efforts as doing for families and children what we would want done for our own families if in similar circumstances. It says reasonable efforts are required to preserve and reunify families before removal, to prevent removal, and to make return home possible. Reasonable efforts are everybody's responsibility, and passivity is complicity. Timely delivery of services can be as important as the services themselves to constitute reasonable efforts.
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
Revitalizing the Code: Delinquency & Competencybartoncenter
This document summarizes key provisions of Article 6 and 7 of Georgia's juvenile code related to delinquency and competency. The summary includes:
1) Article 6 outlines the purpose, parties, roles of prosecutors/defense attorneys, case timelines, intake process, detention procedures, petition requirements, adjudication process, and disposition options for delinquency cases, including regular and designated felony offenses.
2) Article 7 defines incompetency to proceed and outlines competency evaluation and hearing procedures. If a child is found incompetent, the court may dismiss the case without prejudice or order competency remediation services.
3) Key changes include expanded victims' rights, notice requirements for designated felony releases, and
Dependency and Neglect Proceedings In Juvenile CourtHealth Easy Peasy
This document summarizes Tennessee laws and procedures related to child abuse and neglect referrals and dependency and neglect cases in juvenile court. It outlines who must make a child abuse referral, the process after a referral is made, and key aspects of investigations, custody determinations, permanency planning hearings and more. Key parties in the process are outlined, including the roles of the Department of Children's Services and juvenile court.
This document discusses declaratory judgments and their use or lack thereof in family court cases involving unaccompanied minors. It notes that declaratory judgments cannot be used to alter or affect existing legal rights and relationships without due process. A declaratory judgment finding abuse, neglect or abandonment of a parent could negatively impact their rights and be grounds for termination of parental rights. As such, a declaratory judgment is generally not appropriate in family court cases where parental rights and the parent-child relationship are at issue. The document also discusses other procedural and ethical requirements around proper representation and protecting the integrity of the court.
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...bartoncenter
Howard Davidson, Director, American Bar Association Center on Children and the Law, presents changes in law and policy regarding the issues of managing privacy and confidentiality of child abuse cases and the need for greater transparency and accountability from those who manage the cases.
The document discusses child custody in divorce proceedings in India. It outlines the factors courts consider in determining custody, including the emotional and physical environment of the child, safety, health of parents, and preference of the child. Courts aim to promote the welfare and best interests of the child. Custody can be granted to either parent and may change over time based on new circumstances to continue serving the child's welfare. Religions in India have their own laws regarding custody but ultimately the courts determine arrangements based on the child's needs.
This document provides information about Special Immigrant Juvenile (SIJ) status, an immigration classification that allows certain abused, abandoned, or neglected children to apply for lawful permanent residence or a "green card." To qualify for SIJ status, children must be unmarried and under 21 years of age, physically present in the U.S., and have a juvenile court order finding that reunification with one or both parents is not viable due to abuse or neglect, that the child is dependent on the court or in the custody of an agency or individual, and that it is not in the child's best interests to return to their country of origin. The document outlines roles that juvenile court judges, child welfare workers, and other professionals
This document discusses inter-country adoption, including its background and growth over time. It notes that over 2.6 lakh Indian babies have been placed in inter-country adoptions in the past 3 decades. While providing children with families and opportunities, inter-country adoption also faces issues like child trafficking and a lack of regulation. The document calls for effective steps and international cooperation to ensure children's best interests and prevent illegal activities like sale and trafficking.
Cara (central adoption resource authority)Rachna Sharma
a brief review of CARA, helpful for Bachelors of Social work student and law students. it only provides brief information not pure;y in detail. good for intro.
3.11 termination of parental rights (tpr)screaminc
This document outlines Georgia state policies and requirements regarding the termination of parental rights. It discusses when DFCS is required to file a TPR petition, including if a child has been in foster care for 15 of the last 22 months. It also lists grounds for filing a TPR petition such as parental consent, abandonment, or failure to comply with a case plan. If grounds are established, the court then considers whether TPR is in the child's best interest based on their attachments, wishes, need for permanency and other factors. TPR hearings are held in the county with jurisdiction over the child.
This document provides draft guidelines on the adoption of Indian children without parental care in 3 parts:
1. It introduces the background and goals of prioritizing the best interests and safety of children, family preservation, and in-country adoption over institutionalization and inter-country adoption.
2. It outlines the recognition and authorization procedures for specialized adoption agencies, recognized Indian placement agencies, adoption coordinating agencies, and authorized foreign adoption agencies.
3. It describes the roles and functions of central and state authorities, adoption committees, child welfare committees, and associated agencies in the adoption process, and provides guidance on adoption procedures, rights and ethics.
The document aims to facilitate adoption in accordance with Indian and international law
Phones and internet: Your rights – Lesson 5: Digital story – Problems and costsVictoriaLegalAid
Deng goes to a migration agent to sponsor his wife to come to Australia. The agent tells Deng he needs proof of an ongoing relationship, so Deng calls his wife daily to build up a large phone bill as evidence. However, the phone bill is very expensive and Deng worries about how to pay it. He considers writing letters instead to maintain contact with his wife at less cost.
What i learnt about the technologies of constructing..michtute
The document discusses the technologies and software used to create a thriller project. It describes using iMac computers with unfamiliar software like LiveType and Final Cut Express to edit video and add effects. Cameras were used to record scenes, with some shots taken on a tripod for stability and others handheld. Blogger was used for documentation and websites like Survey Monkey, Moby Gratis, and YouTube were utilized at different stages of the project creation. Overall, the document outlines getting accustomed to new technologies and adapting to complete the thriller production.
Phones and internet: Your rights – Lesson 3: Digital story – Internet downloadsVictoriaLegalAid
Lee signed up for an internet plan for $30 per month to allow her children to do school work. However, her first bill was much higher than expected because she had exceeded her monthly data allowance by downloading movies and songs, which incurred additional fees. In the future, Lee needs to better understand the details of her internet plan, monitor her monthly data usage, and discuss limits with her children to avoid expensive overage charges.
What i learnt about the technologies of constructingmichtute
The document discusses the technologies used during a project to create a thriller. It describes using iMac computers with unfamiliar software like LiveType and Final Cut Express to edit the thriller. A modern camera was used to capture high resolution footage, stabilized with a tripod. Blogger was used for documentation and the production utilized additional websites like SurveyMonkey, MobyGratis and YouTube. Overall, the author learned new technologies and software and was able to quickly adapt and use them successfully for the project.
Phones and internet: Your rights – Lesson 2: What you should understand about...VictoriaLegalAid
The document discusses the different options for purchasing a mobile phone, whether it be with a prepaid or postpaid plan. It explains the differences between these two options, including things like contracts, minimum payment amounts, extra costs for going over data limits. The document emphasizes understanding all of the terms and costs involved before committing to a mobile phone plan to avoid unexpected high bills.
This document is the thesis submitted by Christopher Roy Brandner for the degree of Doctor of Philosophy at Deakin University in December 2015. The thesis examines the acute and chronic neuromuscular, haemodynamic, and perceptual responses to resistance exercise with blood flow restriction. The thesis includes three studies that investigate the effects of different types of blood flow restricted resistance exercise and training on corticomotor excitability, haemodynamic and perceptual variables, and adaptations in muscle strength and mass. The thesis provides evidence that blood flow restricted resistance exercise and training can elicit strength and muscle mass gains similarly to traditional heavy load resistance training while producing lower haemodynamic stress.
Phones and internet: Your rights – Lesson 1: Understanding costs and contractsVictoriaLegalAid
The document discusses understanding costs and contracts when connecting services like home phones, mobile phones, and internet. It explains that agreeing to a contract binds you to pay the service provider and outlines things to be aware of in contracts like fine print details and fees. It emphasizes the importance of understanding any agreement before signing, not feeling rushed, and seeking help from experts if unsure.
Results from Victoria Legal Aid's Client Satisfaction Survey 2012 which measured levels of satisfaction with legal aid services provided by in-house and private practitioners and Victoria Legal Aid as an organisation.
Voice of the child: obtaining children's views and interests decisions decisi...Ben Amunwa
This talk, by chilren's rights expert Kate Makepeace Grieve, concerns the rules governing the assessment of children's best interests in the Family Court and how this compares with the approach in immigration law. A central theme is the importance of 'child voice' and the myriad of ways in which the Family Courts incorporate input from children affected by their decisions.
STANDARDS WITH COMMENTS FOR GUARDIANS AD LITEM IN JUVENILE AND FAMILY COURT DIVISION MATTERS - these rules are supposed by the Missouri Supreme Court to guide the action of every attorney acting as a Guardian Ad Litem in custody matters.
The reality is often starkly different.
The document discusses the Juvenile Justice Act of 2000 and 2006 in India. It provides an overview of the key points of the Juvenile Justice Act, including establishing a Child Welfare Committee and rules around adoption. However, it also notes several bottlenecks and failures of the 2000 Act, such as not specifying a minimum age, lacking provisions for education of children in observation homes, and not ensuring the right to counsel. The 2006 Act aimed to address some of these issues.
The document provides a summary of the Children's Bill, expert evidence, and enforcement. It discusses the history and structure of the Children's Bill, including key reforms around parental responsibility and new orders. It outlines considerations for instructing and using expert evidence, including single joint experts. It discusses general issues around enforcement, including judgment summonses and stays of execution. The document analyzes the Children's Bill, expert evidence procedures, and enforcement mechanisms in detail across multiple sections and subsections.
Key issues from the family violence inquiry awl conference 7 augustALRC
1) Over the next 10 years, 750,000 Australian women will experience and report family violence, costing the country $15.6 billion. There have been several inquiries and reports on reducing violence against women, with inconsistent findings and application of laws across different jurisdictions.
2) The interaction of family violence, child protection, criminal, and family laws across 26 legislative regimes presents challenges. Victims also face inconsistent interpretation of laws around sexual assault in family violence cases.
3) Reaching diverse stakeholders across different jurisdictions in Australia's federal system requires utilizing various online and print communication strategies. International human rights principles around the family, children's rights, and domestic violence sometimes present tensions that are difficult to reconcile.
3.0 introduction to court and legal processscreaminc
This document outlines Georgia's legal code and DFCS policies regarding the juvenile court process for cases of alleged child dependency. It describes the situations that may require DFCS intervention and filing a dependency petition in juvenile court. It also summarizes the stages of dependency court proceedings, including requirements for preliminary protective hearings, adjudication hearings, case plans, periodic case reviews, permanency plan hearings, and termination of parental rights proceedings. The document provides guidance to social services case managers on preparing for and participating in court hearings.
FAIR TRIAL & CHILD FRIENDLY PROCEDURES BY H.K. SWAIN.pptxBiswaranjanRout19
1. The document discusses the concept of fair trial and various legislations related to juvenile justice in India.
2. It outlines the key features of a fair trial and explains the rights of a child in conflict with the law at different stages of the legal process.
3. The document also discusses the role of different stakeholders like the Board, Children's Court, legal representatives to ensure a child-friendly process that upholds the best interests of the child.
1. The document discusses the concept of fair trial and various legislations related to juvenile justice in India.
2. It outlines the key features of a fair trial and explains the rights of a child in conflict with the law at different stages of the legal process according to acts such as the Juvenile Justice Act.
3. The document also discusses challenges in ensuring child-friendly justice and the need for all stakeholders to uphold the best interests of the child.
The document provides an overview of injunctive relief in family law cases in Hong Kong, with a focus on injunctions relating to children. It discusses common injunctions like non-removal orders and domestic violence injunctions. It outlines the basic principles of considering the best interests of the child as paramount and the court's positive duty to protect children. The document also covers jurisdiction and forum considerations, outlining the statutory jurisdiction of the family court versus the inherent jurisdiction of the high court over injunctive matters. Procedural aspects of applications like the use of undertakings are also addressed.
The document summarizes the process for establishing guardianships under Texas law. It discusses: (1) definitions of key terms like guardian, ward, and incapacitated person; (2) the jurisdiction and venue of courts over guardianship proceedings; (3) the required contents of an application to establish a guardianship; (4) the notice and citation requirements; (5) qualifications for who can serve as a guardian and grounds for disqualification; and (6) the required findings and evidentiary standard for appointing a guardian.
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.
Surrogacy in the United States has no central regulation and instead is governed by a patchwork of state laws that vary widely. While federal law provides some oversight of assisted reproductive technology (ART) procedures, individual states generally control matters of child custody, parentage, and licensed medical professionals. When using a surrogate, intended parents usually do not need legal counsel for their own reproductive purposes but assistance from a third party like a surrogate often requires representation to establish secure parental rights, safeguard all parties' interests, and ensure any child's citizenship status and placement with the intended parents. The intersection of surrogacy and adoption law principles can help analyze these issues from the perspective of future children's interests and needs.
This document summarizes key aspects of juvenile law, including definitions of deprived children, reasonable efforts requirements, and the purpose and impact of major federal laws. It notes that a deprived child is one without proper care, subsistence or control necessary for their well-being. Courts must make reasonable efforts findings to reunify families before and after placement. Major federal laws like CAPTA, the Adoption Assistance Act, and ASFA aimed to protect children's safety, expedite permanency, and provide funding incentives around issues like adoption and foster care. The document also briefly outlines rights for parents in juvenile cases and provides additional resource links.
This document provides instructions for a parent orientation presentation for court-mandated child custody mediation. The presentation is divided into several sections that cover important terms, the legal process, tips for effective mediation, how divorce affects children, and answers to frequently asked questions. It emphasizes preparing parenting plans, the child's best interests, and making the mediation process as cooperative as possible.
This document outlines rights that children have when faced with decisions to move their placement against their wishes. It discusses several objectives of seminars for children's rights officers, including ensuring children are better supported when forced to move placements. It provides 10 guidelines for getting placement moves right, emphasizing the importance of stability. It also discusses 5 potential challenges to placement moves, including judicial review if the local authority's decision was unreasonable.
The document provides an overview of the Family Courts Act of 1984 in India. It was established to promote conciliation and speedy resolution of disputes related to marriage and family affairs. Key points include:
- The act allows for the establishment of family courts to handle matters related to marriage, divorce, child custody, maintenance, and other family disputes.
- Counseling and conciliation are emphasized to resolve cases amicably when possible. Counselors are tasked with assisting parties to reach settlements.
- Family courts have jurisdiction over a wide range of matters to handle all family law issues under one roof. Proceedings are usually held privately to protect the dignity of parties.
- The act aims to provide inexpensive and
The document outlines key provisions of the Republic Act No. 11642, also known as the Domestic Administrative Adoption and Alternative Child Care Act. Some of the main points include:
- It establishes the National Authority for Child Care (NACC) which will handle matters related to alternative child care and adoption.
- The NACC will ensure adoption and alternative child care processes are simple, expeditious and inexpensive while prioritizing the best interests of the child.
- It allows for simpler domestic administrative adoption proceedings and streamlines alternative child care services.
- Counseling services must be provided to biological parents, prospective adoptive parents, and adopted children.
Capacity and deprivation of liberty - Mental health matters, Exeter, Tuesday ...Browne Jacobson LLP
The document discusses mental capacity and deprivation of liberty under UK law. It summarizes the key legal frameworks including the Mental Capacity Act 2005, the European Convention on Human Rights, and relevant case law. It outlines how capacity is assessed based on a two-stage test of understanding and decision-making ability. It also discusses how deprivation of liberty is defined, the safeguards in place, and how the law applies differently to both adults and children.
Michael Lynch Family Lawyers presented on parenting arrangements and the Family Law Act. They discussed that most separated couples are able to make informal verbal agreements but can document parenting plans or seek consent orders. If agreements cannot be reached, the Family Court determines arrangements based on the best interests of the child and considers children's relationships with both parents and risks of harm. The presentation also covered parental responsibility, domestic violence considerations, and obtaining evidence like subpoenas and affidavits for family law and domestic violence cases.
Similar to Hamilton 2013 best interests representation in Children's Court (20)
Hamilton 2013 best interests representation in Children's Court
1. THE DEVELOPMENT OF THE
BEST INTERESTS LAWYER IN
CHILDREN’S COURT
PROCEEDINGS
Robyn Hamilton
Family Law Advocate
VLA Chambers
2. Overview…
• UN Convention of the Rights of the Child
and the Charter of Human Rights and
Responsibilities Act 2006
• What is the best interests lawyer aka ICL
or separate representative?
• Appointment
• Duties and Role
• Issues for consideration
• Case examples.
3. UN Convention on the Rights of the Child
The appointment of a child’s representative is one
means of giving effect to provisions of the
CROC;
• In any proceedings…all interested parties shall
be given an opportunity to participate in the
proceedings and make their views known
(art9.2)
• Parties shall ensure that a child who is capable
of forming a view has the right to express that
view and ensure that due weight is given to the
child’s view in accordance with age and maturity
of the child (art 12.1)
4. CROC (cont)
• The child shall be given the opportunity to be heard in
any judicial and administrative proceeding affecting the
child either directly or through a representative (art 12.2)
• No child shall be subjected to arbitrary or unlawful
interference with his or her privacy, family, home or
correspondence…the child has the right to the protection
of the law against such interference (art 16.1 and 16.2)
5. Charter of Human Rights and
Responsibilities
• S. 8 Recognition and equality before the
law
• S.17 Right to protection of family and child
• S.24 Right to a fair hearing
6. Appointment – how and when?
• S. 524(4) of the Children Youth and
Families Act 2005 provides:
If in exceptional circumstances, the court
determines that it is in the best interests of a
child who, in the opinion of the Court is not
mature enough to give instructions, for the
child to be represented in a proceeding in the
family division, the court must adjourn the
hearing of the proceeding to enable that legal
representation to be obtained.
7. Cf Appointment under Family Law Act
s68L(2) if it appears to the Court that the child’s
interests ought to be represented the Court will
request the appointment of an Independent Children’s
Lawyer.
s68L(4) A court may make an order for an ICL:
(a) on its own initiative; or
(b) on the application of:
(i)
the child; or
(ii) an organisation concerned with the welfare
of children; or
(iii) any other person
8. s. 524(4) CYFA 3 elements
1. Exceptional circumstances; and
2. Best interests; and
3. Child not mature enough to give
instructions
9. 1. Exceptional circumstances
• Not defined in the CYFA
• Case law specific to the Children’s Court
jurisdiction not yet sufficiently developed to
provide a guide.
• Examples: PCO (particularly to non family), no
parents participating, proposed removal from
jurisdiction, child under 10 expressing strong
views
10. exceptional circumstances (cont)
• The FLA does not specify criteria for appointments
either, however the 1994 case of Re K is authority for
circumstances warranting the appointment of an ICL
• Re K (1994) FLC 92-461
Sets out guidelines for cases in which there should be an
appointment and includes a discussion of the power to
appoint, the role of representative and the United
Nations Convention on the rights of the child
11. Re K Factors
• Allegations of child abuse (physical, sexual or
psychological)
•
Intractable conflict between the parents
• Where the child is apparently alienated from one or both
parents
• Issues of cultural or religious difference affecting the
child
12. Re K factors (cont)
• Sexual preference of either or both parents or other
significant person, which are likely to impinge on the
child’s welfare
• Antisocial conduct of either or both parents impinging on
the child’s welfare
• Significant medical, psychiatric or psychological illness or
personality disorder
• Neither parent seems a suitable custodian
13. Re K factors (cont)
•
A child of mature years is expressing strong views,
which involve changing a long standing arrangement
• Where one of the parties proposes a permanent removal
from the jurisdiction
Where siblings may be separated
• Where no one is legally represented
• Medical treatment cases
14. 2. Best Interests Principles
•
s. 8 CYFA : the Court and the Secretary must
have regard to the principles in making any
decision or taking any action
•
s. 10 CYFA
The primary definition of best interests
(i) Protection from harm;
(ii) Protection of rights; and
(iii) Promotion of development
15. 3. Child not mature enough to give
instructions
• Children’s Court Clinic opinion = < 7
• CYFA s 524 = < 10 or >10 and not mature
enough to instruct
• Case of A & B [2012]VSC 589
• Although ‘mature’ usually regarded as age
related, provision could include intellectual
disability, autism or other factors impinging on
ability to give instructions – Re Marion (1992)
175 CLR 218
16. Mechanics of appointment
• Procedural Orders / Directions
Examples:
• within 48 hours of notice of appointment, parties
to send ICL relevant documents;
• Release of clinic report, subpoenaed material to
the ICL,
• order for child to attend ICL,
• an order that the ICL is considered to be a party.
17. Example Family Law rules
Rule 8.02 – Status as party
(3)A person appointed as an independent children’s lawyer:
...
(c) may do anything permitted by these Rules to be
done by a party.
(4)If an independent children’s lawyer is appointed, the
parties must conduct the case as if the independent
children’s lawyer were a party.
Meeting with the child
(5) The Court may make an order to allow the ICL to find
out what the child's views are
18. DUTIES OF ICL
The CYFA mandates 2 duties:
• S. 524(11):
– a lawyer representing a child not mature
enough to give instructions must
(a) act in accordance with what he or she believes
to be in the best interests of the child; and
(b) to the extent that it is practicable to do so,
communicate to the Court the instructions given
or wishes expressed by the child.
19. (a) best interests
Implicit in s. 524(11) (a) is the requirement to form a view
about what constitutes the child’s best interests
• S. 10 CYFA Best Interests principles - s10(2) includes
the need to protect children from harm and to promote
development (note s.17(2) Charter; arts 6(2), 19 Croc)
• the definition of best interests also includes the need to
protect rights – articles 3,12 and 16 CROC; ss 8(3), 17
and 24(1) of the Charter
• DoHS v Sanding [2011] VSC 42 – rights and limited
interference; A & B v Children’s Court [2012] VSC 589 –
best interests cannot be complied with if art 12 of CROC
not satisfied.
20. How to form a view in best interests ?
By gathering and assessing evidence
i. Subpoena material, eg police records, crèche, school,
doctor, hospital, MCHN, counsellors, DoHS file, etc;
ii Request information from parties, speak with parties,
carers, school;
Iii Meet the child (note: expressed views or observations
made need to be in admissible form)
iii. Request Children’s Court Clinic Assessment or other
type of assessment
21. Australian Law Reform Commission and HREOC
ALRC report No 84 in relation to child protection cases:
• Role of ICL must go further than child’s instructions or
wishes;
• In relation to non verbal children, should include–
–
–
–
–
–
Investigating all relevant facts, parties and people;
Subpoena all documents
Retain experts as needed
Observe child in caretaker’s setting and formulate optional plans
Challenge basis for experts and agency conclusions
Advocate for legal rights of child, incl safety, visitation and sibling
contact
– Ensure all relevant and material facts are put before the Court
(from material produced by Magistrate Peter Power)
22. Role under Family Law Act
General Nature of the Role - s68LA
(2) The ICL must form an independent view of what is
in the child’s best interests, based on evidence and
act in what the ICL believes to be in the best
interests of the child
(3) If the ICL is satisfied that a particular course is in the
best interests of the child, the ICL must make a
submission to the court suggesting the adoption of
that course
(4) The ICL is not the child’s legal representative and is
not obliged to act on the child’s instruction
23. Case law
• P & P (1995) FLC 92-615
Guidelines for the role and duties of the ICL
(generally adopted by s 68LA of the Family Law
Act)
• B & R and the Separate Representative
(1995) FLC 92-636
Deals with the role of the ICL at trial including
evidence gathering
24. (b) Communicate instructions or wishes to
the Court
• R & R: Children’s Wishes (2000) FLC 93-000
•
Court to give “appropriate and careful consideration”
to wishes; and
•
ICL to arrange for evidence as to how children would
feel if outcome not as they wished
• Communicating instructions/wishes in admissible form;
eg through clinic assessment, psychological report,
counsellor, a party.
25. Issues for consideration
• Act impartially (‘honest broker’)
- copy all correspondence and communications
to all parties
- confirm all communication in writing, including
arrangements to meet with the child
- given that the child’s wishes/instructions must
be communicated to the Court, these should be
provided to the parties prior to Court.
26. Issues for consideration (cont)
• Assist resolution
- recommend and participate in NMC,DRC
- advise parties of the ICL’s recommendations
(incl disposition and conditions) in advance of
hearing (can be provisional)
27. Issues for consideration (cont)
• Role at trial
- communicate child’s wishes/instructions
(the ICL should not be a witness)
- call witnesses
- cross examine
- make submissions
- be available to give instructions
28. Note: Mandatory Reporting
• FAMILY LAW ACT 1975 - SECT 67ZA
Where member of the Court personnel, family counsellor, family dispute
resolution practitioner or arbitrator suspects child abuse etc.
(1) This section applies to a person in the course of performing duties or
functions, or exercising powers, as:
(a) …(g)
(h) a lawyer independently representing a child's interests.
(2) If the person has reasonable grounds for suspecting that a child has been
abused, or is at risk of being abused, the person must, as soon as
practicable, notify a prescribed child welfare authority of his or her suspicion
and the basis for the suspicion.
(3) If the person has reasonable grounds for suspecting that a child:
(a) has been ill treated, or is at risk of being ill treated; or
(b) has been exposed or subjected, or is at risk of being exposed or
subjected,
to behaviour which psychologically harms the child;
the person may notify a prescribed child welfare authority of his or her
suspicion and the basis for the suspicion.
29. Mandatory Reporting (cont)
(4)
The person need not notify a prescribed child welfare authority of
his or her suspicion that a child has been abused, or is at risk of
being abused, if the person knows that the authority has previously
been notified about the abuse or risk under subsection (2) or
subsection 67Z(3), but the person may notify the authority of his or
her suspicion.
(5) If notice under this section is given orally, written notice confirming
the oral notice is to be given to the prescribed child welfare authority
as soon as practicable after the oral notice.
(6) If the person notifies a prescribed child welfare authority under this
section or subsection 67Z(3), the person may make such
disclosures of other information as the person reasonably believes
are necessary to enable the authority to properly manage the matter
the subject of the notification.