Children and Law exam 1 Flashcards

Roper V Simmons

Roper (super intendent of prison)
Simmons (criminal) (17, murder)
Sentenced to death at18
Referenced Atkins V Virginia (Overturned Penny Ruling (cap
punishment to mentally ill)
BANNED EXECUTION OF MINORS

Basic Premises for Treatment of Children

1. Children lack ability to be completely autonomous directors of
their own lives because of age and experience
2. Family is institution most suited to provide for best interest of child

Parens Patriae

The state is parent of allchildren

Doctrine of Substitutued judgement

Parents can make decisions for people with lack of judgement
kids, elders
ex. Transplant kidney case

Prince v Mass

States Rights
Legal gaurdian (Aunt)
9 year old child selling pamphlets and preaching
SC= 8-1 against aunt
child labor
1ST CASE RESTRICTING PARENTS
PARENS PATRIAE
STATE CAN ENFORCE LABOR LAWS

State interventionism

granting broad discretion to the state
state knows best
ex. all parents forced to take parenting classes
helping professionals back this

Nurturance rights

Child savers
laws protecting children through school and medical

Self Determination rights

Kiddie Libbers
children have freedom to make own decisions

Wisconsin v Yoder

Secondary educational requirement (have to go to high school)
amish wanted to pull child out (argued violation of 1st and
14th amendment)
Supreme court ruled in favor of parents 9-0

1st amendment

speech, religion

8th amendment

cruel and unusual punishment

14th amendment

due process, parents rights

Mnookins paradox

it is indeterminate and speculative
we only have consensus on whats bad
best interest is based on values

Meyer v. Nebraska

14th amendment- parents are responsible for children
Nebraska limited teaching of foreign languages (specifically german)
interfered with rights of teachers and educational goals of parents
supreme court in favor of parents 7-2

Pierce v. society of sisters

Oregon law require children attend public schools
SOS= private catholic school
Supreme court = 9-0 in favor of school and parents
parents have right to direct education
state can tell kids to go to school just not which one`

Stanley v Illinois

mother died, father didn't get custody (not married)
state took custody (IL law custody had to be married)
no hearing for stanley
stanley claimed violation of 14th amendment rights
SC= 7-2 in favor of stanley
Divorce rates shot up after

Parham v J.R

Group of minors in GA committed to mental hospital
can minor be committed w/o consent?
SC= 6-3 in favor of parents
must have agreement with neutral fact finder aka doctor
juvenile not entitled to a hearing

Prince v Mass

Legal gaurdian (Aunt)
9 year old child selling pamphlets and preaching
SC= 8-1 against aunt
child labor
1ST CASE RESTRICTING PARENTS
PARENS PATRIAE
STATE CAN ENFORCE LABOR LAWS

Ginsburg v New York

NY prohibits sale of obscene material to minors
Ginsburg sells porn to minors (claims 1st and 14th)
SC= 6-3 in favor of NY
parens patriae

Hashanti v Duke Power Company

Appellate (State Court)
no sign that said danger
parents claim neglect on power company
parents won the suite
power company claimed "A label would tempt teenagers
more" (this research didn't exist)

2 types of forensic psychologists

1. clinical- assessments, child custody
2. experimental- academic, social, developmental, community (Not individual)

Law > psychology

law decides when psych can be used
courts dont have to accept testimony

psychology > law

examine legal process
studies effectiveness and reliability

Muller v oregon

Brandeis Brief
oregon law restrict # of hours women can work
brandeis said he collected data from social science
first instance social science was used in court
9-0 decision to uphold law

Brown v Board of Education

segregation in schools
9-0 decision
first time SC quoted pscyhologial studies
Clark doll studies (kids choose white dolls over black)
separate but equal isn't true

Ballew v Georgia

SC= 9-0 decision
jury can't be less than 6
29 different psychological studies cited
can't get objective opinion with less than 6 people

Legislative facts

broad general facts
nonspecific to anyone in the case
nature of physical and social world

Adjudactive facts

very specific to persons guilt

Michael Sacks

lawyer and psychologist
Impact of experimental (legislative) v case studies (adjudicative)
Adjudicative had biggest emotional impat

Childrens rights

obtain contraception
abortion
parents can't take you out of school before 16
child labor
treatment for STDs
can't be sterilized
can't be denied life saving treatment
right to psychotherapy without parent consent

Childrens adjudicative competence

competent to stand trial
can consult with attorney
understanding of court preceedings
make decisions about the case

Culpability

individuals responsible for actions

Not able to give informed consent

mental illness
developmental disability (low iq)
young child

Informed consent standard

knowingly, voluntarily, cempetently

Legal tests of competency

1. Standard of understanding (factual, inferential)
2.Rational reasons test (logical decision making)
3. Reasonable outcome- hypothetical person scenario

3 developmental stages

Early adolescence 10-13 years old
Mid Adolescene 14-17 years old
Late adolescence 18-21 years old

legal developmental stage

under 18
over 18

Changes from child to adolescence

possibilities (solutions to problems)
abstractions (love, creativity, emotions, spirtituality)
meta cognition ( reflection, self conscious)
thinking and reasoning
relativity (not all or nothing)

difference between teen and adult

peer pressure
sensation seeking (amygdala)
temporal perspective (present oriented)
perception of risk
impulsivity
Issue with miranda waivers

Fare V Michael

16 yr old questioned for murder
received miranda and asked to see probation officer
police denied request, made incriminating statements
argued to throw out evidence because he tried to ask for someone
that would protect him from the law
SC= 5-4 decision rejection michael
michael knowingly and voluntarily waived his right to remain silent
look at totality of circumstances

Totality of circumstances

after the fact
linked to miranda rights
courts consider age, intelligence, prior record, social background

Per se approach

legal mandate
safeguards juveniles before interrogation
supreme court rejected

Grisso studies 1.

do youth have factual understanding of miranda rights
studied juvenile vs adults
comprehension, vocabulary, t/f statements
juveniles performed worst than adults in all 3 categories
children under 16 performed considerably worst

Grisso studies 2.

Do youth have functional understanding of miranda rights
nature of interrogation, lawyer there to protect you, right to
remain silent
kids more likely to think cops as friendly
kids thought lawyers would tell judge
kids thought they'd get punished for being silent
under 16 performed much worst
performance equivalent to someone deemed incompetent to stand
triall due to mental illness
PER SE APPROACH NEEDED

Houses of Refuge

1825
ecnomic relief- less mouths to feed
ages 3-12 harsh military discipline and vocational training (12-14
hour days)
sometimes sent to rural farms to work without hearing or parental permission
called "Placing out

Ex Parte Crouse

Father of maryannee crouse filed writ of habeas corpus to get her out
of philadelphia house of refuge
SC denied claim because house is reforming not punishing
state is obligated to keep child because releasing back to parents
would be cruel and unusual

Charles Brace

the longer the kids are in house of refugee the worst they'll end up
child savers movement
family is best place for kids
remove delinquents and place them with developing families (like
foster care)

Immigration and IQ

people believed environment wasn't main problem with delinquency but
hereditary issues
IQ tests to immigrants in english showed lower scores believing
they had hereditary issues
youth need TREATMENT not change in environment

Cook County

first juvenile court based on 5 principals
1. for neglected, dependent, delinquent under 16
2. rehab not punishment (probation introduced, visitation rules)
3. no stigma for child (all proceedings confidential)
4. separate juveniles from adult
5. informal court proceedings (diagnose, treat, cure)

Laws developed for children

labor laws
mandatory education (reform and keep out of workplace)

Status offenses

specific to children
skipping school, underage drinking, running away

Mutual compact

parens patriae in childs best interest
kids dont need due process because they give up rights in exchange
for protection
empowered state control over parental control

Kent v US

morris kent = 16 robberry and sexual assaults
made self incriminating statements
sent to adult criminal court without transfer hearing
convicted and received 30-90 yr prison sentence
SC 5-4 overturn
did not receive hearing, have access to counsel, or access to record
FIRST TIME SC GAVE LEGAL PROTECTION TO KIDS

In Re Gault

BIGGEST CASE IN JUVENILE HISTORY
15 year old jerry gault made obscene phone call
nothing written, recorded, no witness, woman who received call
was not at hearing
had no attorney
sentenced to juvenile correction for 6 years
if he was adult $5-$50 fine 2 months of jail
SC 8-1 overturn- violation of 14th amendment (due process)
ESTABLISHED DUE PROCESS FOR MINORS
RECOGNIZES MUTUAL COMPACT WAS NOT WORKING
MADE JUVENILE SYSTEM MORE FORMAL AND MORE ADULTISH

In Re Winship

12 yr old Samuel Winship
broke into locker and stole $112
sentenced to 18 months in a training school
Guilty by preponderance of evidence (51% belief of guilt)
SC 5-3 decision- beyond reasonable doubt for criminal chargers
stigma and loss of liberty

Preponderance of Evidence

51% belief of guilt

McKlever v Pennsylvania

McKeiver (15) and Edward Terry (16) robbery, theft, assault
requested jury, denied in lower court
SC 6-3: trial by jury is NOT constitutional requirement for juveniles
jury of peers= bunch of children

Breed V Jones

Double Jeopardy
Gary Jones (17) robbery
found delinquent
state determined he should have been prosecuted as adult
tried 2nd time in criminal court and found guilty
SC 9-0 favor of Jones
protections against double jeopardy extend to juveniles

Schall v Martin

Gregory Martin 14- robbery, assault, possession of weapon
held in detention until preliminary hearing (denied bail/release)
SC 6-3 in favor of pretrial detainment
protects both state and juvenile

Claudia Warrell

State has conflicting responsibilities between rehabbing juveniles
and protecting the community

Super Predator

late 80's early 90's
reports of adolescent homicide
DiLulio- researcher that labeled the kids that

Graham v Florida

Non homicidal
Terrance Graham 16- burglary and robbery
violated probation with 2nd robbery
receives life without parole
SC 6-3 favor of graham - violates 8th amendment without parole

Miller v Alabama

Evan miller 14- beat Cole Cannon to death and set fire to his house
Transferred, tried as adult
received life without parole
SC 5-4 in favor of Miller and Jackson (can't get life without parole)
Applied retroactively

Hot cognition

in the heat of the moment, violent crime without plan

Stages of court processing

1. transfer hearing
2. adjudicatory stage- guilt or innocene
3. dispositional stage- whats gonna happen

Types of juvenile transfers

1. Judicial Waiver- hearing held, judges decide
2. Automatic Statuory - based on charge
3. Prosecutional Discretion- made by prosecutor

Judicial transfer

judge must find probable cause
is child amenable to treatment?
best interest of community

Prosecutional Discretion

no hearing
judge has no power
older kids and sever crimes

rate of juvenile crime

going down for 20 years
most crimes done by adult

Terrie Moffitt

Life course persistent
Adolescent limited- antisocial stops or slows after 17
5-7% of life course persistent commit 60-70% of violent crime

Static Risk Factors

important factors, but cant be changed
age at first offense, prior violence, gender

Dynamic Risk Factors

Changeable
we want to target dynamic risk factors
parental supervision, school engagement

5 categories of risk factors

individual, family, peer, school, neighborhood

Attitudes towards violence

callousness- psychopathy, lack empathy
narcissim- entitlement, grandeur
machiavellianism- by any means necessary

Risk- Need Responsivity Model

allocate services to high risk youth
instead of broad one size fits all model
ex. correctional facility

Multi-systemic services

most helpful
targets kids comprehensively
provides support
family therapy
parental behavioral training
expensive
short term
cost efficient long term

Head start

effective

Scared straight

like bootcamps, doesn't work

Juvenile sex offending

compared to adults- usually no pattern of offending
usually linked to abuse/maltreatment
they have limited sexual experiences- whats normal and experimental?

Jacob Weiterging Act

Tracks offenders
states collect registration info for law enforcement

Megans Law

Mandated sex offender registration and notification

SORNA

(sex offender registration and notification act)
expands # of offenses
includes misdemeanors- relevant to minors
current law
Juveniles 14+ (regularly supply home, work, school addresses,
photographs and descriptions, DNA, license plate #)
Preventative not punishing - deters offenders, protect public,
allow law enforcement to monitor
Types of notification: broad community - active notification, to
organizations or individuals at risk (limited), passive notification

Doe v Poritz

John doe- convicted sex offender prior to megans law
challenged law under double jeopardy (he already served sentence,
he didn't have to be a sex offender before)
claimed it was against his 8th and 5th (5th- double jeopardy) amendment
SC: double jeopardy doesn't apply, not punishing or punitive, but protective
sex offenders are known to have a high risk of recidivism-
recidivism is lower than public think (juveniles= 5-10%)

Civic confinement laws

laws that allow sex offenders who finished sentence to be committed
to psych ward if deemed at risk

Registry effectiveness

No evidence of reduced sexual violation reoffending
no deterrent effect
most sexual assaults are committed by friends or family- most of
our laws save us from "evil stranger

Juvenile Registry

juvenile court breaches confidentiality
must check in with law enforcement 4times a year
may apply for removal after 25 years
dont differentiate between severity of offense (sexual assault vs streaking)

Kids sexual behavior

50%of kids had sex before 16
-this is hard to research so psych isn't that helpful
we teach sex ed too late and most states have abstinence only education

Romeo and Juliet Laws

Laws that make various exceptions but vary widely by state for
different age teen partners

Rape laws

age of consent
age difference
minimum age of victim
minimum age of defendant

Griswold v Connecticut

cited in Roe V Wade, established right to privacy
law prohibited use of drug or instrument for purpose of preventing conception
Griswold opened a clinic and got arrested
SC 7-2 favor of griswold - violation of 14th amendment (right to
marital privacy)

9th amendment

some rights are inalienable and not in constitution, list would be
too long
right to privacy

Eisenstadt v Baird

felony distribution of birth control in MA
gave speech at Boston College on birth control
arrested for distributing contraception to single/unmarried people
right to privacy only extended to married couples
SC 6-1 - strengthens right to privacy- free from unwarranted
governmental intrusion married or single (did not mention minors)

Carey v population services international

mailing out contraceptions from NC to anyone paying and ordering,
including minors
SC 7-2 - struck down law preventing minors from contraceptions,
extends right to privacy to minors
CHILDRENS RIGHTS CASE
actually in the STATES interest- do not want unwanted pregnancies
and STDs

Abortion

main legal issue: right of mother vs right of unborn child
1. Time constraints- consequences increase as pregnancy evolves
2. Privacy issues- right to family planning, privacy set by
Griswold, Einsteidt
3. Conflict of interest- Parent v child (yoder case)

History of abortion

1880- criminalized (200,000-1 mil illegal abortions)
affluent women had doctors do it illegally
poor women did it themselves or underground

Colorado

pre-roe
1st state to reform law
if womens health is at risk or in case of rape/incest

Therapeutic Abortion Act

California
ronald reagan
before late 70's republicans were pro-choice

Post Roe

push back from religious groups
catholics became politically active
Reagan flips and becomes pro life

Roe V Wade

Jane Roe (pseudonym for Norma McCorvey) (became pro life/ born again
christian) NEVER ACTUALLY HAD AN ABORTION
high school dropout, married @16, abusive husband, leaves 2 years later
drank and couldn't hold down a job
@21 becomes pregnant for a 3rd time and doesn't want to carry to term
it was illegal in texas and she couldn't afford to travel
lawyers: Sara Weddington and Linda Coffee
gave birth while case was going, gave it up for adoption
SC: 7-2 in favor of Roe- violation of 9th and 14th amendment-
women have right to privacy (Griswold) state does not have compelling
interest BEFORE VIABILITY

Trimester framework

1st= no regulation (between woman and doctor)
2nd= womens health is main priority
3rd= fetus is viable, state has compelling interest, allows
exceptions if maternal health at risk

Planned Parenthood of Central Missouri V Danforth

Missouri requires parental consent for minor abortion
1st SUPREME COURT CASE THAT APPLIED ROE V WADE TO JUVENILES
SC 5-4 - law is unconstitutional - imposed possibility of absolute
veto by third party (parents)
state cannot prohibit minor during 1st two trimesters
HUGE CHILDRENS RIGHTS CASE
issue of maturity
invalidated part of law requiring married women have husbands approval
MEN HAVE NO INPUT

Belloti v Baird

MA law- parental consent for minor abortions, but if answer is no,
can appeal to judge "Judicial Bypass"
SC 8-1 - unconstitutional because it limits minors options
juvenile must have access to court without seeking parental
consent first
court would be required to authorize abortion if child established maturity
ESTABLISHES CRITERIA FOR MATURITY

For criteria for judicial minor abortion decision

1. Mature Minor Standard- make autonomous, informed decisions
2. Best Interest Standard - Must prove abortion is in girls best interest
3. Case must remain confidential if requested
4. Decision must be reached quickly

HL v Matheson

Utah- require physicians to NOTIFY parents of minor abortion 24 hrs
in advance
HL was neither mature or emancipated
SC 6-3 - upheld statue. NOT unconstitutional for immature,
unemancipated minors
DID NOT RULE ON IF MINOR IS MATURE BUT IMPLIED IT WOULD BE UNCONSTITUTIONAL
rarely used. - 1 in 400 found incompetent - court is saying
competent enough to take care of baby if incompetent to decide on
abortion. Standard of maturity low because of this contradiction. Hard
to decline bypass

Hodgson v Minnesota

required BOTH parents had to be notified and needed 48 hour waiting
period before procedure, no matter the circumstance
SC 5-4 -
48hr waiting period - constitutional
2 parent notification- unconstitutional- would require a judicial
bypass option
Judge Sandra Day OConnor- deciding vote- 1st time votes to strike
down abortion restriction

Planned Parenthood v Casey

BIGGEST CASE AFTER ROE V WADE
Pennsylvania abortion control act
women must give informed consent, 24 hr waiting period, parent
consent from 1 parent with judicial bypass option, married women must
tell husband
SC 5-4 (8 republican appointees)- uphold all of these, dont
overturn Roe V Wade even though that was what we expected
all was constitutional EXCEPT married women condition
states can place restrictions as long as they DONT PLACE UNDO
BURDON ON WOMEN- gets rid of trimester framework
gives room to states to define viability- generally 20-22 weeks
compared to 28 in Roe
DOMINANT PRECEDENT IN COUNTRY NOW

Stenberg v Carhart

Nebraska banned late term "partial" birth abortion
SC 5-4 - unconstitutional, sometimes medically appropriate (rare),
lacked exception for health of mother, imposes undo burden

Gonzalez v Carhart

Federal law banning partial birth abortions
SC 5-4- upheld Partial Birth Abortion Act of 2003
Did not impose undue burden
banned a PARTICULAR procedure- more narrowly defined than Stenberg
Infringes on doctors- first time restricts doctors judgement
regarding what is best for patient
constitutional even though does not allow exception for mothers health

Whole Womens Health v Hellerstedt

Texas law required doctors @ clinics to have privileges of hospital
doctors (higher criteria)
Strict building codes similar to hospitals
# of clinics in Texas decreased from 42 to 19
# of women 200+ miles away increased from 10,000 to 750,000
SC 5-3 - law placed undo burden, limits access
1ST CASE HEARD WITH 3 FEMALE JUSTICES

Patria Potestas

Until 19th century- custody went to father
"power of the father"
child considered property
father was "natural protector

Tender Years

1900's - Mother is primary physical and emotional caregiver
tender years =10 and under
father is financial provider- can get custody once child is older
Tender Years Doctrine- favors mom, father had to prove mother unfit

Finley v Finley

1st CASE INTRODUCED BEST INTEREST OF CHILD
SOCIAL AND EMOTIONAL NEEDS OVER FINANCIAL
PARENS PATRIAE- BEST INTEREST

Parents Superior Rights Doctrine

natural parents have more custody rights than other caretakers
tender years and natural rights- bio mother gets custody

No Fault Divorce Laws

1960's +70's - gender not sole factor in custody
changing gender roles (mom working)
increase divorce rates
ex. irreconcilable differences
stigma decrease
used to have to prove fault (cheating, drinking, abusing)

Beyond the Best Interest of Child

Recommendations for how law should deal with custody
least detrimental alternative
by: Goldstein, Freud, and Solnit- advocate for sole custody
Children need a "psychological" parent- spend time
with/have connection too
1. Requires continuity of relationship with psych parent
2. Custody hearings resolved quickly and determined around childs
sense of time
3. State Incapacity- state is poor substitute for family, need for
family autonomy
the older a child is, the more sense of time they have (older
childrens hearings should be dealt with faster)
BASED ON CASE STUDIES, NOT MUCH EVIDENCE

Joint Custody

80's-90's
research shows continued relationships with both parents = positive
judges favor because they dont have to pick a parent
todays standard

Nuclear Family

gender roles, parents together, biological family
mom @ home
dad works

Children of Divorce

more conduct problems
more emotional problems
lower grades
difficulties with friends and relationships
weaker bonds with families particularly dads

Adults who dealt with divorce as kids

less educational attainment
earn less money
increased depression
more problems in marriage
more likely to divorce
more pregnancy out of wedlock

Discord and Divorce

High discord + Divorce= good outcomes
low discord + divorce = kids do less well

Effective divorce programming

Divorce education classes- for parents, mandated by judges, research
shows less parental conflict and fewer trips to court
Community and School programs- for kids, referred by judges but not
mandated, social support, how to express feelings, coping skills,
adjust to new life, research shows reduction in negative feelings
towards divorce, less school problems, increased feelings of competency

Painter v Bannister

Father (harold painter) filed custody in Iowa state court against
maternal grandparents for 7 year old son Mark
gave son to grandparents after wife and daughter died
son lived with grandparents in iowa for 2 years- dad maintained
contact but was a hippy, unconventional, moved a lot, and had many jobs
father remarried and wanted custody, grandparents refused
grandparents bring child psychologist to testify (EXAMPLE OF
OVERREACHING) - if child goes back to dad, he will regress to
bedwetting and go in wrong direction with no return
Court ruled in favor of grandparents based on fathers lifestyle and
exaggerated reports of psychologist
3 years later, grandparents let child live with dad

Palmore v Sidoti

Anthony and Linda Sidoti (white) divorced - linda got custody of daughter
1 year later- father sought custody cause mom dated clarence
palmore (black)
florida gives dad custody
"child would be vulnerable to stigma in racially mixed household"
SC 9-0 - CANNOT DISCRIMINATE ON RACE
extension of Loving v Virginia (interracial marriage)

Troxel v Granville

Tommie Granville (mom) Brad Troxel (father)
dating and broke up 2 years later brad killed himself
Brads parents requested more time with grandchildren
regularly saw girls on weekends
wanted girls overnight 2 weekends a month and 2 weeks in summer
mom refused- offered one day a month and no overnight
grandparents file for visitation in washington
Washington Statute: anyone related or unrelated, rights to go to
court and seek visitation rights over objection of parents. can grant
if "best interest of child"
Meyer v Nebraska- parents have right to raise kid as they see fit,
case for parental autonomy
SC 6-3 in favor of mom- violation of 14th amendment - parents rights

Uniform Marriage and Divorce Act of 1970

before 70's kids had no say
1969- California first state to pass no fault law
guidelines by American Bar Association for state and judges
regarding reform of marriage and custody proceeding
recommended wishes of child
some states mandate kids of certain ages preferences are CONSIDERED

Approximation Rule

should keep childs same optimal lifestyle as similar as possible
after divorce
ex. if mom spends 80% of time with kids and dad 20%, keep it that way

Mediation

neutral third party helps resolve conflicts
before court is involved
addresses financial considerations, division of property and assets,
child custody/visitation
fewer conflicts and trips to court
higher reported satisfaction
cheaper than paying for lawyers
mediation and joint custody is the norm

Jacobson v Jacobson

court claimed that living with gay parents condemns a child to social
isolation and stigma
gave custody to father based on mother�s sexuality
children will suffer from the �slings and arrows� of a disapproving society��

Lesbian and Gay custody rights

6-14 million kids have atleast one gay parent
Previously:whoever gave birth had more rights, NOT who's egg it was
uses best interest standard, judge has discretion

Lawrence v Texas

6-3 Decision
Sodomy law was unconstitutional
outlawed anal and oral sex
heterosexuals were not being policed the same

Obergefell v Hodges

5-4 decision
Same sex marriage legal in all 50 states
Oberbefehl was dying so they flew somewhere and got married on
plane but Ohio wouldn't recognize their marraige

Arguments used against LGBTQ in court

1. stigmatization - EVIDENCE SUGGESTS NO GREATER STIGMA, they are
teased but same amount as other kids
2. Fear for molestation- 90-95% of molestations done by
heterosexual men
3. Will turn the kids gay- most homos raised by heteros
4. Moral status argument- preserve community standards

Child Welfare goals

balance parental autonomy vs permanency, well being, and safety

Neglect

deprived of food, clothing, shelter, medical, treatment
lives in environment that causes physical, mental, emotional health
to be significantly impaired

Child welfare procedure

1. Shelter (remove child)
2. Arraingement
3. Dependeny adjudication
4. Disposition
5. Judicial review, permanent review, case plan
50% of families get reunified

Child welfare priorities

1. Reunification
2. Adoption (TPR before adoption)
3. Permanent Guardianship
4. Fit and willing relative
5. APPLA (another plan permanent living arrangement)
6. Transition to IL (independent living)

Adoption

1.5-2 million adopted in US
60% are to relatives (grandparents/stepparents)
Demand= infants and babies
older and special needs are more difficult to find homes
cost around 28,000-30,000
foster care adoption around $2,000 or less
needs consent from both parents
"unknown father"- limited time following birth to
establish a. paternity and b. commitment to parenting
at first boys were in high demand and it was hard to adopt girls
1950s need for infants increase
70's-80's infant availability decreases, contraception and decrease
in stigma regarding single parents

Adopting infants

first 12 months = ward of state or private agency
trial period 5-12 months- bio parents can change their minds
adoptive parents have ALL legal rights of biological parents

Adoption agencies

Private = predetermined arrangements. more likely infant
public- older children

Case of baby jessica

cara claxon made arrangement for adoption
5 days after birth, changes her mind but child has already been
given to adopted parents
she tells biological father who had no idea previously and he wants
his child back
mom falsified birth certificate and wrote another guys name
established paternity
process took too long
iowa ruled in favor of biological father
set precedence for consent of BOTH parents

Adoption of Children Act

1851
Massachusetts passes 1st adoption law
adoption was informal before

Confidentiality Laws

save child and parents from public scrutiny
law requires sealing of records
offers a complete break from biological parents

Types of adoption

open- have right to birth certificate
transracial
single parent

Mutual Consent Agreements

adoptees and birth parents can separately register so that if other
looks to get in contact with you some identifying info can be released
some research shows that openness can increase sense of permanency
of adoptive parents, little research on how it impacts kids

Transracial adoption

1948- first transracial adoption in minnesota
before 1960- banned
research shows no negative effects on kids
research DOES show impact on identity development in certain
contexts (black children in all white neighborhoods) - anxiety, depression

Loving v Virginia

1967- Interracial marriage legalized led to repeal of many
anti-transracial adoption bans

National Association of Black Social Workers

1972
took a stand against placement of black children in white homes for
any reason: they feared floricultural and ethnic development (pride
and education)
maintains status quo of white superiority, power, resources, saviors
NAACP actually supports transracial adoptions

Single Mother Adopters

more likely to have a grad degree and income stability
average age is 35
more likely to adopt special needs kids and older kids

3 stages of Maltreatment case

1. Detection- definition is crucial, mandated reporters and level of suspicion
2. Investigation- rights of family autonomy vs protection of child,
beyond a reasonable doubt (95%) vs clear and convincing evidence (75%)
vs preponderance of evidence (50%)
3. Adjudication- court process

Definition of Maltreatment

LARGEST PROBLEM
broad- too many parents
narrow- can free people who hurt their kids
mainly neglect, than physical, than sexual, than emotional and psychological

The Battered Child Syndrome

Kempe- pediatrician
detailed abuse he'd seen among clients at hospital
1968- almost all states had child reporting laws mostly focusing on
doctors and pediatricians

7 elements of reporting maltreatment

1. Definition
2. Mandated reporters
3. Degree of certainty
4. Sanctions for failure to report- misdemeanor, fine, jail
sentence, professionals rarely presecutred
5. immunity for good faith reporters
6. Elimination of communication priveleges
7. Anonymous reporting

13th amendment

abolished slvary
1865

Birth Right Citizenship

amendment 14
1868

Displaced Persons Act

term refugee first used
concentration and labor camps

Immigrants

Temporary admissions- tourism, student, work, can apply for citizenship
Permanent- LPR Legal Permanent Resident

Permanent Citizenship Priorities

1. Family reunification
2. Employment
3. Regufees
4. Diversity Program- capped @50,000 lottery chooses low
represented people every year

Refugee definition

defined by UN high Commissioner of Refugees
fear of being persecuted because of race, religion, nationality,
outside of country and is unable to go back
should not be penalized for illegal entry or stay, cannot be
expelled against will, spouse and dependent children can also come

2018 Zero Tolerance Policy

regards asylum seekers who are in US illegally
charged with criminal entry
children are forcibly removed from parents

Refugee entry

apply outside of US and come with refugee status
receive green card and can apply for citizenship in 5 years

Asylum seekers

request legal admission at boarder
affirmatively- applied, went through process
defensively- deported, proceedings and apply
if denied at point of entry, cannot return for 5 years
more than half of children from central america would be considered
approved because of their situation

Undocumented people

3-4% of population
more control at boarders stops people from going out

Unaccompanied Children

Shelters- best interest settings
institutionalized/guarded
provide educational, health, case management
can be released for deportation proceedings
average length of stay=35 days
no government appointed counsel

Atteberry Bennett Study

how would parents/professionals interpret abuse
provided 8 scenarios (normal or sexual)
parent hugging child, kissing on lips, enters bathroom without
knocking, parent nude infront of child, parent sleeps in bed with
child, parent has intercourse with child
sex and age of child varied 5,10,15
opposite sex parent
90% did not see hugging as abuse
95% said intercouse is abuse
more saw abuse between father-daughter than mother-son, but legally
it shouldn't be different
perception of abuse increased as child aged
Therapists and legal professionals were most opposite

Santosky v Kramer

NY DSS sought to terminate rights of santoskys
doctor kept seeing bruises and "accidents"
NY Statute required fair preponderance of evidence (neglect more
likely than not) - low standards protect kids more
SC 5-4 state must have "CLEAR AND CONVINCING EVIDENCE TO
TERMINATE RIGHTS"
although law ALLOWS interventions into families, does not require
state to INTERVENE (parents rights issues)

Deshaney v Winnebego County DSS

4 yr old Josh Deshaney in coma after traumatic head injuries from
fathers abuse
DSS Called numerous times but did not remove josh
mother sued- violation of 14th for failure to intervene(right to
life, liberty, and happiness)
couple divorced, wife lived in other state
SC 6-3 no, SC does not have obligation to protect citizens from
private violations
14th amendment protects life, liberty, and property FROM THE STATE
but not to private violations

Issues with children as witnesses

1. Competence- do they understand
2. Credibility- when should we believe them
3. Childrens rights- protections from harm
4. Defendants rights- 6th amendment
seen as incompetent but credible

6th amendment

Fair and speedy trial and to confront witness

Wheeler v US

SC denied retrial
5 year old witness testifying about murder of his mother
kids cant be declared incompetent per se
determined case by case

Legally competent if

#NAME?

Hearsay Cases

evidence submitted but they're not in court to testify

Ohio v Roberts

Roberts charged with using stolen checks and credit cards
girlfriend refused to show in court- couldn't cross examin
SC 6-3 in favor of Ohio- allowed evidence without confrontation-
can be admissible under "adequate indica of reliability

Crawford v Washington

crawford stabbed man- claimed was self defense
wives statement contradicted husbands self defense
didn't have to testify because spousal priveledge
9-0 in favor of crawford
OVERTURNED OHIO V ROBERTS- YOU HAVE TO TESTIFY
have to have right to cross examination
defendants rights

Coy v Iowa

John Coy- sexually assaulted 2 13year old girls
in court placed large dressing screen in front of defendant
coy argued violated 6th and 14th amendment (confrontation and due process)
biases the jury
SC 6-2 in favor of Coy
presumption of trauma does not outweigh appellants right to confrontation

Maryland v Craig

Sandra Craig= sexually assaulted 6 year old girl
testimony via closed circuit TV
craigs attorney able to question via CCTV
judge and jury able to see testimoney
SC 5-4 in favor of Maryland
Protection of physical and mental well being can outweigh
defendants rights
relied heavily on APA amicus brief

Traumatizing effect on testifying?

YES
higher rates of impulse control problems
sexual behaviors
higher rates of anxiety and depression
higher rates of suicide attempts

Trauma Factors

Repeated questioning BIGGEST FACTOR
lack of corroborating evidence (more pressure on testimony)
severity and length of abuse
increased distress leading up to testimony

McMarten Day Care

mother accused daycare of abusing son
child confirmed
children asked leading questions

Elizabeth Loftus

implant false memories
adults believed fora fact these things happen when they didnt

memory

improves with age (tops off at 35 then declines)
personally meaningful and salient events remembered well
research focused on peripheral events (color of shirt/detail of
guy) instead of central events
children more accurate with recognition
leave out info with recall
lead to misleading questions

Suggestibility

negatively correlated with age

interviewer bias

only questions that confirm their beliefs
avoid alternative explanations and avoiding follow up questions
leading question
selective reinforcement of responses
repeated questions introducing new info about case into questioning (unintentionally)
authority status of interviewer

Trained professionals

cannot distinguish reliable from unreliable
people are super confident in their ability but performance says 50/50

Interrogation

legal: build rapport, suggest what might have happened, blame victim,
lie, parent not required, fabricate evidence
illegal: withheld food, abuse, yelling