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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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 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.
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.
Deborah Burrus, State Permanency Director, GA Division of Family and Children Services, presents information about legal guardianship and how it differs from adoption.
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.
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.
Achieving permanency for foster children through concurrent planning. Guides outline case planning that includes reunification for families and steps leading to adoption when reunification is not an option.
Termination of Parental Rights in Tennessee - Part1Stan Bennett
Although most people are not aware of it, the relationship between a parent and a child is more than an emotional bond or a practical commitment, in the eyes of the law it is also a legal relationship that comes with duties and responsibilities. Learn more about termination of parental rights in Tennessee in this presentation.
Reinstating Parental Rights Over a Child That Has Lost Permanencybartoncenter
Fact pattern and Georgia statute governing reinstatement of parental rights, standard of proof, factors to consider, gaps in the statute, issues, and persuasive law.
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.
New Jersey Child Custody 101 introduces you to the custody laws in NJ. Learn:
- what does the 'best interests of the child' standard mean?
- what is the difference between legal custody vs. physical custody? And what different custody types are available in New Jersey?
- What are the court procedures in child custody cases
- how to modify child custody orders
- how to enforce child custody orders
- and more!
In clear, simple language, this is the essential legal guide for any New Jersey parent wanting to understand the basics of child custody in the garden state.
This presentation was created by Weinberger Law Group, the largest family law and divorce attorneys in New Jersey.
Fc 118 termination packet termination questionnaire and reporting formsscreaminc
1. A case manager is sending a termination packet to a special assistant attorney general to prepare a petition to terminate parental rights for multiple children.
2. The packet includes court orders, case plans, birth certificates, and a termination questionnaire providing details of the parents, grounds for termination, and efforts made to reunite the family.
3. The attorney general will complete the termination petition within 30 days for verification and filing.
Get the facts about child custody in New Jersey: what is the best interests of the child according to the NJ courts? What about father's rights? Mother's rights? Get the inside track on what happens in the NJ courts system with regards to custody. Find out about enforcing or modifying custody agreements.
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
Learn about LGBTQ couples and parenting / family law in New Jersey. Find out about adoption for LGBT couples, assisted reproduction and what to guard against, about child custody and parenting time.
This document summarizes the arguments in the debate around whether adult adoptees should have access to their original birth certificates and adoption records. It finds that the experiences of states that have granted access show few negative consequences. The document recommends that all states should restore adult adoptees' unrestricted access to their original birth certificates based on the evidence. It also recommends further research on outcomes for adoptees and birthparents after records are opened.
Petitioner Deborah Weaver is filing a verified petition to modify custody, parent-time, and child support regarding her three minor children with Respondent Siosifa Heimuli. She alleges that Respondent has continually refused to pay child support and comply with court orders. Additionally, the children have been exposed to domestic violence in Respondent's home. Petitioner proposes adopting her concurrently filed parenting plan and modifying child support. She requests that Respondent and his wife submit to psychological evaluations and that a guardian ad litem be appointed to represent the children's best interests. Petitioner asserts these changes are necessary to protect the children from further abuse and are in their best interests.
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 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.
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.
Deborah Burrus, State Permanency Director, GA Division of Family and Children Services, presents information about legal guardianship and how it differs from adoption.
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.
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.
Achieving permanency for foster children through concurrent planning. Guides outline case planning that includes reunification for families and steps leading to adoption when reunification is not an option.
Termination of Parental Rights in Tennessee - Part1Stan Bennett
Although most people are not aware of it, the relationship between a parent and a child is more than an emotional bond or a practical commitment, in the eyes of the law it is also a legal relationship that comes with duties and responsibilities. Learn more about termination of parental rights in Tennessee in this presentation.
Reinstating Parental Rights Over a Child That Has Lost Permanencybartoncenter
Fact pattern and Georgia statute governing reinstatement of parental rights, standard of proof, factors to consider, gaps in the statute, issues, and persuasive law.
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.
New Jersey Child Custody 101 introduces you to the custody laws in NJ. Learn:
- what does the 'best interests of the child' standard mean?
- what is the difference between legal custody vs. physical custody? And what different custody types are available in New Jersey?
- What are the court procedures in child custody cases
- how to modify child custody orders
- how to enforce child custody orders
- and more!
In clear, simple language, this is the essential legal guide for any New Jersey parent wanting to understand the basics of child custody in the garden state.
This presentation was created by Weinberger Law Group, the largest family law and divorce attorneys in New Jersey.
Fc 118 termination packet termination questionnaire and reporting formsscreaminc
1. A case manager is sending a termination packet to a special assistant attorney general to prepare a petition to terminate parental rights for multiple children.
2. The packet includes court orders, case plans, birth certificates, and a termination questionnaire providing details of the parents, grounds for termination, and efforts made to reunite the family.
3. The attorney general will complete the termination petition within 30 days for verification and filing.
Get the facts about child custody in New Jersey: what is the best interests of the child according to the NJ courts? What about father's rights? Mother's rights? Get the inside track on what happens in the NJ courts system with regards to custody. Find out about enforcing or modifying custody agreements.
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
Learn about LGBTQ couples and parenting / family law in New Jersey. Find out about adoption for LGBT couples, assisted reproduction and what to guard against, about child custody and parenting time.
This document summarizes the arguments in the debate around whether adult adoptees should have access to their original birth certificates and adoption records. It finds that the experiences of states that have granted access show few negative consequences. The document recommends that all states should restore adult adoptees' unrestricted access to their original birth certificates based on the evidence. It also recommends further research on outcomes for adoptees and birthparents after records are opened.
Petitioner Deborah Weaver is filing a verified petition to modify custody, parent-time, and child support regarding her three minor children with Respondent Siosifa Heimuli. She alleges that Respondent has continually refused to pay child support and comply with court orders. Additionally, the children have been exposed to domestic violence in Respondent's home. Petitioner proposes adopting her concurrently filed parenting plan and modifying child support. She requests that Respondent and his wife submit to psychological evaluations and that a guardian ad litem be appointed to represent the children's best interests. Petitioner asserts these changes are necessary to protect the children from further abuse and are in their best interests.
American bar association child law practicescreaminc
This article discusses the importance of legal representation for parents in child welfare cases and identifies ongoing challenges to ensuring the right to counsel. Key points:
- Parent representation is crucial to protect parental rights and prevent unnecessary foster care placements, but barriers remain across states.
- While most states provide counsel by statute, some still do not guarantee representation or provide it in a timely manner. Remedies when counsel is denied are also limited.
- Even when appointed, parents' attorneys often face systemic issues like low pay, high caseloads, and lack of support that hinder effective advocacy.
- To strengthen the right to counsel, the article recommends pursuing a federal statutory right, assessing and reforming state systems
This document discusses issues related to estate planning and assisted reproductive technology. It begins with an overview of assisted reproduction and the potential separation of traditional parenthood roles. It then addresses specific issues like the disposition of stored gametes and embryos after death, posthumous gamete retrieval, determining legal parenthood, and posthumous birth. The document analyzes relevant legislation and case law from various jurisdictions. It concludes with implications for estate planning, such as advising clients to address posthumous conception in wills to protect any future children.
The law has long defined a line between juvenile and adult offenders, but that line has been drawn at different places, for different reasons. Early in United States history, the law was heavily influenced by the common law of England, which governed the American colonies. One of the most important English lawyers of the time was William Blackstone. Blackstone’s Commentaries on the Laws of England, first published in the late 1760s, were widely read and admired by our nation’s founders.
Np v state_of_georgia_usa_statement_of_interestscreaminc
This document is a statement of interest filed by the United States in a lawsuit regarding the right to counsel for juveniles in delinquency proceedings in Georgia. The United States argues that juveniles have a constitutional right to meaningful legal representation, including an attorney with adequate resources and training to advocate for the juvenile's interests. The United States also asserts that courts must ensure any waiver of counsel by a juvenile is knowing, intelligent, and voluntary, which requires consultation with an attorney.
This document summarizes issues related to domestic restraining orders. It discusses how restraining orders are obtained through a two-step process and are often issued on an emergency basis without the respondent being present. It estimates that around 60% of the millions of restraining orders issued annually are unnecessary or false. The document also discusses how restraining orders can negatively impact families and violate due process, as well as problems with gender bias in their issuance and victims sometimes being wrongly accused of abuse.
New and Newer Privacy Torts: Public Disclosure and the Next Frontier.Omar Ha-Redeye
This document summarizes recent developments in privacy tort law as it relates to private investigators. It discusses two key cases: Jones v. Tsige established the tort of intrusion upon seclusion, while Jane Doe v. ND established the separate tort of public disclosure. The document outlines the elements and rationale of these torts, and examines how they may affect private investigators both positively in cases of legitimate investigations but also negatively in cases of illegitimate invasions of privacy. A framework is presented for determining liability by balancing public and private interests. Examples of both legitimate and illegitimate private investigations are also summarized.
The parties request a one week extension of their meet and confer period and a seven day extension to submit a joint status report regarding settlement discussions in the Flores v. Holder case. They have been meeting frequently but require more time given the complexity of reconciling immigration laws, court orders, and the government's enforcement interests with the plaintiffs' objectives. The parties believe they are close to determining if a settlement can be reached and avoiding further litigation.
The document discusses minors' access to abortion in the United States. It outlines that most states require parental involvement for minors to obtain an abortion, through either notification or consent. The Supreme Court has ruled that parental involvement is constitutional as long as there is a judicial bypass process to allow courts to consent without parental approval in certain circumstances like rape or incest. While parental consent aims to protect minors, critics argue it can increase health risks by pushing abortions underground or forcing minors to travel to other states. The legal position balances minors' rights with parental involvement, but allows for judicial oversight in special cases.
Unit V Significant U.S. Supreme Court Rulings and the Imp.docxmarilucorr
Unit V: Significant U.S. Supreme
Court Rulings and the Impact on
the Juvenile Justice System in
America
Introduction
• We are now starting Unit V: Significant U.S. Supreme Court
Rulings and the Impact on the Juvenile Justice System in
America.
• So far, we have covered and discussed the historical
background of juvenile delinquency and the juvenile justice
system in the United States, criminological theories that help
to expand our understanding of juvenile delinquency, the
complex relationship between police officers and juveniles,
juvenile gangs, and key actors that help play crucial roles as
they relate to the structure of the juvenile court system.
Unit V: U.S. Supreme Court Rulings
• If you will recall, you learned about juvenile defense attorneys,
juvenile prosecuting attorneys, and the juvenile court judge in
the previous unit.
• In this unit, you will take what you have learned and expand
your knowledge, exploring U.S. Supreme Court cases that
helped define and direct juvenile corrections, juvenile defense
attorneys, juvenile prosecuting attorneys, and juvenile court
judges.
Unit V: U.S. Supreme Court Rulings
• Before we begin, watch the video linked
below that continues the story of Little
John, a juvenile.
https://online.columbiasouthern.edu/csu_c
ontent/courses/emergency_services/bcj/bcj
2201/15K/video/unitv_video.mp4
• Click here to access the transcript for this
video.
https://online.columbiasouthern.edu/csu_content/courses/emergency_services/bcj/bcj2201/15K/video/unitv_video.mp4
https://online.columbiasouthern.edu/CSU_Content/courses/Emergency_Services/BCJ/BCJ2201/15K/transcripts/BCJ2201_UnitV_Transcript.pdf
https://online.columbiasouthern.edu/csu_content/courses/emergency_services/bcj/bcj2201/15K/video/unitv_video.mp4
https://online.columbiasouthern.edu/csu_content/courses/emergency_services/bcj/bcj2201/15K/video/unitv_video.mp4
Consider the Following
You will want to start thinking about this question as you read
through the following U.S. Supreme Court decisions and cases:
• How does this case directly relate to juvenile defense attorneys
and juvenile court judges who preside over juvenile court
cases?
Court Cases
The information below provides a brief description of some of
the cases we will explore.
Figure 1: U.S. Supreme Court decisions impacting juvenile court system.
(“U.S. Supreme Court Cases,” 1999)
https://www.ncjrs.gov/html/ojjdp/9912_2/juv2.html
https://www.ncjrs.gov/html/ojjdp/9912_2/juv2.html
Kent v. United States
So, let’s begin by examining the first landmark case you will learn
about: Kent v. United States. Before we can examine the case,
we need to know the background and historical makeup of the
case.
• In 1961, Morris Kent was a 16-year-old juvenile who was
charged with rape and robbery.
• While in custody, Kent confessed to the criminal charges and
crimes against him.
Kent v. United States
• Kent’s defense lawyer filed a request ...
A reference manual for department of family and children services case managersscreaminc
This document provides a summary of Georgia law and juvenile court procedures related to child deprivation cases handled by the Division of Family and Children Services (DFCS). It discusses the process from the initial allegation through adjudication and dispositional hearings. The manual aims to give DFCS case managers an understanding of their role and the types of evidence admissible at different stages of the legal process. While not an official policy document, it provides context for case managers navigating the legal aspects of protecting children from abuse and neglect.
This document provides an overview of communication law and ethics topics related to newsgathering, freedom of information laws, and the balance between free press and fair trials. It summarizes key Supreme Court cases on these issues and outlines federal and state laws like FOIA, shield laws, and student press protections. The document also discusses ethical guidelines around reporting on criminal cases and pre-trial publicity.
This document is a complaint filed on behalf of Lucius, a student with autism, and his mother against a school district and school officials. It alleges that Lucius was repeatedly suspended, excluded from school, and denied an appropriate education plan despite having autism. It claims the district incorrectly identified Lucius as having an emotional/behavioral disorder and refused accommodations for his autism. The complaint lists several legal errors and factual inaccuracies in the administrative law judge's decision regarding Lucius' treatment. It seeks damages and reversal of the administrative decision.
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.
Illinois grandparent law right see grandchildJoe Pioletti
This document discusses grandparents' rights to visitation with grandchildren in Illinois. It explains that Illinois law does not automatically grant visitation rights to grandparents, but they can petition the court for visitation. The court will consider factors like the child's wishes, the grandparent's relationship with the child, the reasons for denied visitation, and whether denial would harm the child. Grandparents must prove an unreasonable denial of visitation and meet eligibility criteria like the death or absence of one parent to have a chance at court-ordered access. Hiring an experienced family law attorney familiar with grandparents' rights case law can help grandparents navigate this complex legal issue.
U.S. Department of Justice Civil Rights Section Report on Violations Against ...StLouisCountyFamilyC
On July 31, 2015, the U.S. Department of Justice Civil Rights Section released findings that the St. Louis County Family Court fails to provide constitutionally required due process for children accused of being delinquent, in violation of children’s rights under the Fourth, Fifth, Sixth and Fourteenth Amendments.
Specifically, the DOJ found that the St. Louis County Family Court fails to provide adequate representation for children in delinquency proceedings, fails to adequately protect children’s privilege against self-incrimination, fails to provide adequate probable cause determinations to children facing delinquency charges, fails to adequately consider probable cause before “certifying” a child to be criminally tried in adult criminal court, fails to ensure that children’s guilty pleas are entered knowingly and voluntarily, in violation of children’s rights, and maintains an organizational structure that is rife with conflicts of interest, is contrary to separation of powers principles and that deprives children of adequate due process.
The Department of Justice also found that the St. Louis County Family Court fails to provide equal protection under law for accused African-American children at key decision points within the system. The DOJ found that the court violates the Fourteenth Amendment by treating Black children differently, even after controlling for such factors as gender, age, risk and the severity of the allegation involved.
The document summarizes key topics and Supreme Court cases related to the development of juvenile law and procedures in the United States, including:
- The establishment of juvenile courts and early practices that lacked due process protections for juveniles
- Landmark Supreme Court cases between the 1960s-1970s (e.g. Kent, Gault, Winship) that extended due process rights like notice of charges and right to counsel to juveniles
- Continuing issues addressed in juvenile law like waiver of rights, search and seizure, and right to a jury trial
HHP 4600 Law and Public HealthModule 3 Power Point questions on SusanaFurman449
HHP 4600 Law and Public Health
Module 3 Power Point questions on Privacy
1. Where in the U.S. Constitution is the explicit provision recognizing the right to privacy?
2. How has the Supreme Court recognized the right to privacy?
3. Roe v Wade recognizes the privacy of women’s right to choose to reproduce or not. How does the decision to abort a fetus legally avoid clashing with the right to life of a child? Does Roe v Wade require every state to permit abortions? Why is it more difficult to have an abortion in some states than others?
4. What fundamental right is common in cases involving abortion, guardianship, right to refuse treatment, and sex between consenting adults?
5. What did the courts decide in Bowers v Hardwick? Was a fundamental right actually involved? Did the opinion of Justice White recognize that fundamental right? How was this different from Roe?
6. Karen Quinlan
1. What was decided in the case of Karen Quinlan?
2. What fundamental right do Quinlan and Cruzan have in common with abortion and contraceptive cases?
3. What prevalent practice became almost standard procedure by the public after the Quinlan and Cruzan decisions?
7. What did the court rule in
1. Bouvia?
2. Cruzan?
8. Has the Supreme Court decided we have a right to refuse treatment even if it leads to one’s death?
9. Has the Supreme Court decided we have a right to determine the timing and manner of our death, i.e. commit suicide?
Teitelbaum and Wilensky Chapter 6 Individual Rights in Health Care
1. Does having a license to practice medicine legally obligate you to provide healthcare to those who need it?
2. What is meant by the no duty principle?
3. Does the Constitution confer to Americans the right to education and health?
4. Did the passage of the Affordable Care Act of 2010 alter Americans right to health care?
5. How might the idea of having a free market health care system and a negative view of government be a barrier to single payer universal healthcare?
6. To what does EMTALA entitle a person?
7. What does the Canterbury case demonstrate?
8. How might Jacobson v Massachusetts be a legal precedent today in resolving cases where some people contest states or cities require wearing protective masks or social distancing or closing some businesses during a pandemic?
9. Why is it important to recognize the courts’ interpretation of the Tenth Amendment or police powers as empowering, but not obligating government to act?
10. If one believes the federal government has not done enough to protect citizens during a Pandemic, could one successfully sue to make the government take better care of its citizens?
11. What is meant by a negative constitution?
12. What do the cases of DeShaney and Town of Castle Rock cases demonstrate?
Updated 7/9/20
Government Power and Privacy
Module 3
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सुप्रीम कोर्ट ने यह भी माना था कि मजिस्ट्रेट का यह कर्तव्य है कि वह सुनिश्चित करे कि अधिकारी पीएमएलए के तहत निर्धारित प्रक्रिया के साथ-साथ संवैधानिक सुरक्षा उपायों का भी उचित रूप से पालन करें।
1. Open Juvenile
Courts in Georgia
Emory Law School
April 24, 2014
Presented by
D. Burney-Butler
2. In response to public outcry for
increased oversight and access to
juvenile courts as well as media reports
of various recent atrocities involving
court involved children, the legislature
passed SB 207 which sought to balance
the competing interests of privacy of
the children and families involved with
Georgia’s Juvenile Courts and the
public’s interest in transparency and the
work of the court.
3. SB 207
• Passed in 2009, SB 207 amended then O.C.G.A.§§ 15-11-78, 15-11-79,
15-11-79.2 and 15-11-84(currently O.C.G.A. §15-11-700, 15-11-704, 15-
11-701 and 15-11-710), became effective January 1, 2010.
• The Act intended to allow the general public access to both delinquent
and dependent (at the time deprivation) hearings.
• Specified which hearings would be open to the general public, which
could be closed, and which were discretionarily closed or partially
closed.
• Provided a mechanism whereby hearings could be closed upon motion
by a party, attorney, guardian ad litem for the child, or on the Court’s
own motion.
• Required the media not identify the child, family members or
caretakers of the child involved.
• Permitted sharing of confidential information regarding the child
between certain stakeholders.
• Required that certain juvenile records be sealed.
4. COMPETING INTERESTS
OPEN
• Proponents believed that
opening juvenile
proceedings to the general
public would improve the
child welfare system by
providing greater
accountability for juvenile
courts and those involved in
child welfare.
• Public oversight and
transparency promote
confidence in the system.
CLOSED
• Opponents believed that
opening dependency
proceedings to the general
public would raise privacy
and safety concerns for
those involved in juvenile
proceedings.
• Decreased openness from
parties regarding matters of
sexual abuse, medical
information, treatment and
progress.
The Implementation of Senate Bill 207
Opening Juvenile Courts: The New Law and its Challenges
Council of Juvenile Court Judges Permanency Planning Committee
SB 207 Sub-Committee Report
5. CAPTA AND OPEN COURTS
• CAPTA – The Child Abuse Prevention and Treatment Act
– Originally enacted in 1974 required near complete record
confidentiality.
– State Courts believed complete record confidentiality was
too strictly interpreted and recommended openness in
juvenile proceedings.
• Federal officials did not approve of the State Courts’
interpretation.
– The CAPTA Reauthorization in 2003 allowed states to open
juvenile dependency cases, at the discretion of individual
states, provided the safety and well-being of the child,
parents, and families could be protected.
National Center for State Courts Issue Brief Public Access to Child Abuse and Neglect Proceedings (May
2004)
6. Georgia Juvenile Courts Pre-SB 207
• O.C.G.A. § 15-11-78 – prohibited general public access to
dependency cases except legitimation or child support cases.
– Even the alleged dependent child could be temporarily
excluded from the hearings.
• O.C.G.A. § 15-11-60 – prohibited the media from releasing
identifying information regarding a child before the court.
• In 1995 State Legislature passed a law allowing public access
to delinquent hearings involving acts which would be felonies
if committed by adults, or those involving youth previously
adjudicated delinquent.
– Law also required notice to school officials of certain delinquent
adjudications. (Juvenile Proceedings and Records; Juvenile Justice Reform Initiatives in the States 1994-
1996; http://www.ojjdp.gov/pubs/reform/ch2_i.html)
7. Georgia Juvenile Courts Pre-SB 207
(Continued)
• Open proceedings did not however translate to open
records.
– 1995 law required that certain delinquent petitions and informal
adjustment be sealed.
– Many organizations which provided services to children were not
allowed access to the children’s records.
– Other matters required motions and hearings to determine access
to records.
– (The Implementation of Senate Bill 207: Opening Juvenile Courts: The New Law and its Challenges; Council on Juvenile
Court Judges Permanency Planning Committee SB 207 Sub-Committee Report)
• To facilitate the rehabilitation and reunification of families,
which was believed best achieved in privacy, public access did
not extend to dependency hearings. (The Implementation of Senate Bill 207: Opening
Juvenile Courts: The New Law and its Challenges; Council on Juvenile Court Judges Permanency Planning Committee SB 207
Sub-Committee Report)
8. Case Law
• Florida Publishing Company v. Morgan, 253 Ga. 467; 322 S.E. 2d
233 (1984)
– Delinquent hearing involving three juveniles arrested for commandeering a
ferry and sailing to Florida. A reporter with Florida Publishing Company
sought access to the hearing which was denied pursuant to then O.C.G.A. §
15-11-28. The statute allowed only the parties, their attorneys, witnesses,
those accompanying the party for their assistance and those discretionarily
admitted by the judge to attend juvenile hearings. The newspaper challenged
the automatic closing of the juvenile proceeding.
– The Georgia Supreme Court held that the while juvenile proceedings are
presumed closed to the public and press, “for constitutional reasons, the
presumption cannot be conclusive.” The public and/or press must be given an
opportunity to show that the state’s or juvenile’s interest in a closed hearing is
not outweighed by public’s or media’s interest in a public hearing. (Id at 473
and 233)
– Required the judge to provide the media with an opportunity to present
evidence and to be heard.
– Required the judge to present written findings of fact and law to support his
decision.
• Opened the door to challenges to closed hearings in other juvenile
proceedings.
• Signaled a shift in thinking regarding privacy and juvenile
proceedings.
9. Case Law Continued
• In the Interest of T.G.Y., a child, 279 Ga. App. 449; 631 S.E. 2d 467
(2006)
– Involved a dependent matter in which a father’s parental rights were
terminated. An adoption caseworker for DFCS was present at the hearing,
and the father invoked the rule of sequestration and objected to the
caseworker being permitted to remain in the courtroom. The judge
overruled the objection, stating that the caseworker was not a witness
therefore the rule did not apply to her. The father then questioned the
ability of the caseworker to remain in the courtroom pursuant to the
requirement in O.C.G.A. § 15-11-78 of closed dependent hearings, the
judge still permitted the caseworker to remain for the hearing. The father
appealed.
– The Court held that the juvenile court judge is “vested with broad
discretion” regarding who to allow to attend dependency hearings, over
which appellate courts have no right to control absent a “manifest abuse
of discretion.” (Id at 453 and 472)
• In holding that the lower court was not erroneous nor did it abuse
it’s discretion in permitting the caseworker to remain present for
the hearing, the T.G.Y. Court reiterated the position that the juvenile
judge has discretion to open or close hearings even if presumed
closed.
10. First Amendment Considerations
• While the Georgia Supreme Court
has long recognized the First
Amendment implications in denying
access to delinquent hearings, the
Court was reluctant to extend such
protections to dependency
proceedings.
• The privacy concerns of children and
families involved in dependency
actions, and the sensitive
information routinely exchanged in
dependency proceedings are often
cited as of paramount concern.
• Courts wanted to ensure that the
children and families would not
suffer long term harm or be denied
future benefits as a result of public
access to dependency proceedings.
• As such, courts took precautions to
balance the public’s interest of
access with the best interest of the
child and the family’s interest of
privacy and anonymity.
11. Post 2010 Georgia Case Law
• Case law after the implementation of SB 207 is
scarce, why?
– Juvenile courts have opened up to the idea of open
juvenile court proceedings.
• Delinquent hearings have been open to some degree since
as early as 1995 with very few adverse effects.
• O.C.G.A. §15-11-78 as amended contains sufficient
safeguards to protect the privacy interests of the parties, as
well opportunities for the hearings to be closed where the
best interests of the child and family require.
• O.C.G.A. §15-11-78(i) provides safeguards to protect the
identity of the child, the family and caretakers.
• O.C.G.A. §15-11-79 includes safeguards regarding access to
juvenile court records.
12. Why SB 207
• A group of local CASA volunteers was dissatisfied with the
speed at which dependency matters progressed through the
juvenile justice system.
• The volunteers captured the attention of local Senator John
Wiles, who authored Senate Bill 207.
• The volunteers formed BetterCourtsForKids.org through
which they lobbied lawmakers to open juvenile court
proceedings for cases involving abused kids.
• One of the primary purpose cited by the volunteers for
desiring open courts was to have some oversight of the
juvenile court process, as in their opinion, “some judges were
putting children in danger.”
• The volunteers sought to have “as many people as possible
get in to visit their juvenile court” to provide this oversight.
(Child Advocates Win Fight to Open Juvenile Courts; http;//www.11alive.com/story/news/local/investigations/dfcs/2014/03/06/)
13. SB 207 as Passed
• SB 207 amended O.C.G.A. § 15-11-78(c) to allow the general
public to attend dependency proceedings unless the judge
closed the proceeding.
– Closing the proceeding required the judge to make findings of fact on
the record citing the reasons for the closings, as well as requiring the
judge to issue a signed order. (O.C.G.A. §15-11-78 (f))
– The motion to close the hearing could be made by any party, the child,
the attorneys, the guardian ad litem for the child, or the court on its
own motion could close the hearing. (O.C.G.A. §15-11-78 (d))
• SB 207 also provided that the judge could require the media
to maintain the anonymity of the child by not releasing any
identifying information regarding the child, family members,
foster parents or other caretakers. (O.C.G.A. § 15-11-78 (i))
14. Information Sharing
• SB 207 also contained a provision which provided for
information sharing between state child welfare
agencies. (O.C.G.A. § 15-11-84 currently O.C.G.A. § 15-11-710)
• Open courts still does not mean open records:
– The general public is not allowed to see court files from
dependency proceedings, even if the proceeding was open to
the public O.C.G.A. § 15-11-78 currently O.C.G.A. § 15-11-700.
– Additionally, the court is allowed to seal any record which
contains identifying information of a victim of a sexual offense,
even if the general public is permitted to attend the proceeding.
O.C.G.A. § 15-11-79.2 currently O.C.G.A. §15-11-701.
• Juvenile court records of a traffic conviction, and legitimation
records are, however, now open to the general public. O.C.G.A. § 15-
11-79 currently O.C.G.A. § 15-11-704.
16. Opposing Positions
Examined Post SB 207
• Proponents’ belief that open courts would lead to
greater oversight is scarcely a reality.
– Most juvenile proceedings, both delinquent and
dependency are generally relevant only to the parties and
their immediate family and friends.
– There has not been increased interest in and/or population
of juvenile proceedings after SB 207 took effect January 1,
2014.
– Only where juvenile proceedings, have gained the interest
of the media have the general public taken advantage of
“open courts” and even then, generally only media
personnel seek attendance.
– Even prior to SB 207 many juvenile courts across the State
liberally permitted access to juvenile proceedings.
17. Opposing Positions
Examined Post SB 207
• Opponents’ belief that open courts would lead to a decline in
rehabilitation , reunification and treatment efforts and
therefore decrease the number and/or rate of rehabilitation,
reunification and or treatment has likewise not been realized.
– The juvenile proceedings which garner media attention are so
small in number, that the effect, if any, of their presence on the
ultimate success or failure of the rehabilitation, reunification
and or treatment efforts would likewise be miniscule at best.
– Many of the necessary protections cited as reasons for requiring
closed hearings exist as protections outlined in SB 207 with the
discretion of the court to close certain proceedings, and the
ability of the court to protect the identity of the children and
families involved.
– The feared media circus that would result from open courts
have been minimalized by the constraints which can be placed
on media access by Courts.