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