Maryland Adoption Lawyers - Family, Foster Care Lawyer, Child Welfare and Social Worker Issues

Helpful and Interesting Recent Cases and Materials Related to Children, Foster Care, Child Maltreatment and Adoption

Corkan, K.B., COMMENT: Free Exercise in Foster Care: Defining the Scope of Religious Rights for Foster Children and Their Families, 72 U. Chi. L. Rev. 325 (2005).

Child Welfare Consent Decrees: Analysis of Thirty-Five Court Actions from 1995 to 2005. http://www.cwla.org/advocacy/consentdecrees.pdf. (Analysis of child welfare settlement agreements).

Tylena M. v. Heartshare Children’s’ Services, 390 F. Supp. 2d 296 (S.D. N.Y. 2005). (Liability of agencies for abuse of foster children).

Vega v. Fox, 2006 U.S. Dist LEXIS 6747, 05 Civ. 2286 (SAS) S.D. N.Y. 2/21/06. (When is “private action” also “state action” for purposes of Section 1983).

Said Abs Sheikh v. Kevin S. Choe No. 76723-8 Supreme Court Of Washington 2006 Wash. LEXIS 179 (2/ 16/06). (Is the agency liable for criminally assultive acts of foster children).

Roska v. Sneddon, No. 04-4088, U.S. Court of Appeals for the Tenth Circuit, 2006 U.S. App. LEXIS 3126 (2/9/06). (Suit by parents alleging improper removal of child).

Robin Fretwell Wilson, The Cradle of Abuse: Evaluating the Danger Posed by A Sexually Predatory Parent to the Victim's Siblings, Emory L.J. 241 (Winter 2002).

Angela Ferraris, COMMENT: Sibling Visitation as a Fundamental Right in Herbst v. Swan, 39 New Eng.L. Rev. 715 (Spring 2005).

C.N. v. Ridgewood Board of Education, 430 F.3d 159 (3^rd Cir. 2005) (Did student survey violate the Family Educational Records Privacy Act)

Maldonado v. Snead, No. 05-10813, U.S. Court of Appeals for the Eleventh Circuit, (2/23/06) (Liability of agency and social workers and availability of immunity for injuries to foster child)

Steven J. Singley, Failure to Report Suspected Child Abuse: Civil Liability of Mandated Reporters, 19 J. of Juvenile Law 236 (1998).

John C. Duncan, Jr., The Ultimate Best Interest of the Child Enures from Parental Reinforcement: The Journey to Family Integrity, 83 Neb. L. Rev. 1240 (2005).

Ellen Marcus, The Public and Private Faces of Family Law: Article: Fostering Family Ties: The State as Maker and Breaker of Kinship Relationships, 2004 U. Chicago Legal Forum 319 (2004).

Stephanie Moes, Being Seen and Heard: Webster v, Ryan’s Constitutional Protection for Children’s Rights to Maintain Contact with Foster Parents, 71 U.Cin.L. Rev. 331 (2002).

Lisa Westergaard, Note: What’s Going to happen to Us? The Legal Right of Half-Siblings to Remain Together Once their Custodial Parent Has Succumbed to a Terminal Illness, 70 U. Missouri Kansas City L. Rev. 471 (2001).

Beth Garrison, NOTE: Children are Not Second Class Citizens: Can Parents Stop Public Schools from Treating Their Children Like Guinea Pigs?, 39 Valparaiso U. Law Review 147 (2004).

Adar v. Smith, 591 F.Supp.2d 857 (E.D. La. 2008)
Because the court granted full faith and credit to a New York adoption (of a child borin in Louisiana) by two men the Louisiana office of Vital Records and Statistics was ordered to issue a new birth certificate listing the men as the "child's parents."

Wolf v. Fauquier County Board of Supervisors et al. 555 F.3d 311 (4 Cir. 2009)

The court dismissed a parental claim that a county "failed to adequately investigate" a complaint of child abuse.

US. v. Shafer, 557 F.3d 440 (6 Cir 2009)

In the context of sentencing the term "sexual contact" is analyzed.

In re Petition of T. W.M. (Not officially Reported) Nos. 06-FS-1537 & 06-FS-1552, 2/5/09, D. C. Court of Appeals

Two people, one a relative and the other the foster parent petitioned to adopt the same child, The foster parent prevailed at the trial court but this decision was reversed. This case is noteworthy because it reveals the complex factual and legal analysis necessary when deciding between competing adoptions, especially when the biological parents consent to of the parties.

AD & DD v. DW, CW, Roodepoort Child and Family Welfare Society, The Center for Child Law & The Department of Social Development

Case CCT 48/07 [2007] ZACC 27 (12/7/07) Constitutional Court of South Africa

This very interesting opinion addresses the tension between and among a child's best interests, international law, allowing children to be adopted by foreigners, and exported, as opposed to taking steps to encourage the child's adoption by residents of the child's country of origin.

In re KS., 966 A. 2d 871 (D.C. Ct. App. 2009)

The Court of Appeals upholds a trial court ruling that a child can testify in a civil child abuse trial "from outside the courtroom via closed circuit television, rather than in the [accused parent's] presence".

Tabassi c. Carroll County DSS 957 A. 2d 620, 182 Md. App. 80 (Md. 2008)

A man was alleged to have neglected a child (not related to him) by because she was asleep on a bed that had loaded guns on and near the bed. The man was convicted of reckless endangerment and child access to firearms. However, he was permitted to administratively challenge the neglect finding because the criminal convictions (unlike the neglect finding) did not require proof that he had "permanent or temporary care or custody or responsibility for supervision of [the] child".

American Academy of Adoption Attorneys International Adoption Policy Statement and Supporting Report (2008)

D. Pollack, Child fatality review teams and the role of social workers An international perspective, International Social Work 52(2): 247-253

Kimberly M. Mutcherson, SPECIAL ISSUE ON LEGAL REPRESENTATION OF CHILDREN: Minor Discrepancies: Forging a Common Understanding of Adolescent Competence in Healthcare Decision-Making and Criminal Responsibility, 6 Nevada Law Journal 927 (2006)

Julie E. Gendel, Comment: Playing Games with Girl 's Health: Why It Is Too Soon to mandate the HPV Vaccine for Pre-Teen Girls as a Prerequisite to School Entry, 39 Seton Hall Law Review 265 (2009)

Gina Miranda Samuels, "Being Raised by White People ": Navigating the Racial Difference Among Adopted Multiracial Adults, Journal of Marriage and Family 71 (February 2009): 80-94.

In re: Joseph N., 965 A.2d 59, 407 Md. 278 (2009)

A parent of a child in need of assistance (CINA) was entitled to immediately appeal a court decision reaffirming a permanency plan of reunification while at the same time changing physical custody of the child from foster care to the child's father.

Tamara A. v. Montgomery County Dep 't of Health and Human Services 963 A.2d 773, 407 Md. 180 (2009)

The County asked the Administrative Law Judge (ALJ) to dismiss an appeal of a finding child neglect because the same issues had been litigated in a child in need of assistance (CINA) case. When the ALJ refused the County appealed that ruling. The Court of Appeals ruled that the ALJ's decision was not "immediately appealable" and that the "aggrieved" person was entitled to an administrative hearing. The County could present its arguments that the matter should be dismissed at that hearing.

State of New York v. U S. DHHS' ACF 556 F.3d 90 (2 Cir. 2009)

The New York's challenge to a federal finding that New York was, in certain instances ineligible for federal reimbursement is rejected.

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