STATEWIDE SPECIAL EDUCATION SURROGATE PARENT PROGRAMS: ENSURING QUALITY ADVOCACY TO ALL FOSTER CHILDREN WITH SPECIAL EDUCATION NEEDS

The Individuals with Disabilities Education Improvement Act (IDEIA) protects foster children's rights to have a special education decision maker. For foster children who do not have a natural or adoptive parent or a responsible adult in their life to take on this role, IDEIA requires that a special education surrogate parent be appointed by appropriate procedures. Under IDEIA, these procedures are delegated to the states. Each state must ensure that local education agencies (LEAs) delineate methods for recruiting and maintaining a pool of available special education surrogate parents. Due to differing state laws and LEA procedures, there are many discrepancies in the quality and availability of special education surrogate parents. To combat these problems, this Note proposes principles for administrative regulations establishing statewide special education surrogate parent programs by examining existing statewide programs. Administered through a state's Department of Education in collaboration with child welfare agencies, statewide special education surrogate parent programs guarantee well‐qualified decision makers who will advocate for all children eligible for special education services.     

"REPEAT PLAYERS" IN A CRIMINAL COURT The Fate of their Clients

That judges, defense attorneys, and prosecutors are part of a courthouse community that responds to organizational pressures is no longer questioned. What remains puzzling is exactly what impact organizational factors have on case outcomes. In this research, one aspect of this general question is investigated-whether the clients of “repeat-players” enjoy special benefits or bear special burdens when punishments are distributed. Previous research has found that the clients of repeat-players frequently fare worse than other defendants. In the court under study, we find the distribution of justice unaffected by this variable. The task for future research is to specify those conditions under which the level of attorney-court contact either will or will not have an impact on the distribution of punishment.     

"Possessedness" and exorcism in the year 1976 (author's transl)]

A 23 year-old woman died as a result of deficient food and liquid intake as well as of physical exhaustion brought about by an unchecked pathological displacement impulse. Finally pneumonia developed in a typical manner. During the previous 9 months exorcism had been carried out a total of 60 to 70 times, the last time being on the eve of her death, to "expel demons" and to heal the "possessed". Summarized the medical diagnosis of "possession" was: Parnoid-hallucinatory psychosis with epilepsy in the background of special psycho-social factors. During the time of influence by the priests who carried out the exorcism all medical treatment was denied. This, it was pointed out by the participants, occurred at the express wish of the "possessed" and also due to the conviction that medical aid would be ineffective. This fateful development took place in a milieu of belief in demons fostered by the priests and uncritical rejection of medico-scientific treatment methods. According to the results of the hearing of witnesses during the now legally valid proceedings ending with the exorcists and the deceased's parents being convicted for accidental homicide a doctor probably also participated in what happend in a reprehensible manner.     

Child neglect death of an infant by faulty nutrition]

A 3 month old child was treated in hospital for "toxikosis and prolonged gastroenteritis". The child required a special diet. The parents picked up the child in hospital and brought it home against the device of the doctors. 26 hours later the child had died of severe exsikkosis (loss of 17% of body weight within one day). Using immunological methods (Ouchterlony test) we were able to demonstrate the child was fed with contraindicated food although the doctors had pointed out that the child needs a special diet. The parents were sentenced at court in two instances for manslaughter.     

错误出生损害赔偿问题探讨

在错误出生之诉中,因医生的过失未检测出胎儿有严重的疾病,致使孕妇生下有缺陷的婴儿,使父母为缺陷儿支付了大量的医疗费、照顾费和抚养费,同时遭受了精神上的痛苦。对这些损害,父母有权要求赔偿。在我国,可以适用侵权法和合同法来处理此类诉讼。     

SPECIAL ISSUE: MAKING A BETTER WORLD FOR CHILDREN OF INCARCERATED PARENTS

The punitive sentencing regime that has branded the United States as the Country incarcerating the largest number of its inhabitants has also imposed a terrible punishment on the children of incarcerated parents. These youth are at risk, not only for continuing an intergenerational cycle of crime, but also for entering the pipeline that extends from foster care, to school failure, homelessness, unemployability, poverty, and institutionalization. Even those who escape the more draconian collateral consequences of their parents' incarceration face stigma and shame that may affect their development. This special issue of the Family Court Review explores a myriad of issues that impact Children of Incarcerated Parents, and suggests a variety of approaches, practices and policies that will better the lives of children who should not suffer for the “sins” of their fathers and mothers. This Introduction highlights many issues that affect the children of incarcerated parents, summarizes the valuable contributions of the authors, and also identifies publications and research sources that delve more deeply into these topics.     

论"法人作品"规定的重构

《著作权法》同时规定了"法人作品"和"特殊职务作品"及其两者不同的著作权归属规则,导致在实践中难以区分这两类作品.因此,应当对"法人作品"的规定进行重构,对其原则适用"委托作品"和"特殊职务作品"的著作权归属规则,并同时规定自然人作者不在作品上署名的情形.     

PARENTAL REACTION TO THE DISABLED CHILD:

The special needs child demands adept and flexible care. This becomes harder to provide when the child resides in two homes or when the parents are in conflict about the child's diagnosis. To secure effective intervention, parents must become mini-experts in their child's condition, advocating tirelessly to secure necessary educational, financial, and medical assistance. These parents, confronted with the reality of their child's diagnosis, must also face the reality of a different future than the one they had imagined for their child and themselves. This can trigger a complex and fluid grieving process that is different for every parent. Understanding the role of grief in custody proceedings can provide a useful lens for viewing the vastly dissimilar opinions these parents often present. Failing to recognize the distorting effect of grief places family law professionals at a distinct disadvantage in dealing with these complex issues.     

Inadvertent clavicular fractures caused by "chiropractic" manipulations in an infant: an unusual form of pseudoabuse

A nine-month-old child was found unresponsive in his crib, five hours after his last feeding. At autopsy, there were no external or internal signs of abuse or neglect, and a few visceral pleural and epicardial petechiae were consistent with the sudden infant death syndrome (SIDS). However, postmortem total body radiographs revealed healing, symmetrical clavicular fractures and a healing left medial humeral epicondyle fracture. The parents had no explanation for these injuries and denied causing any harm to the child. The location and nature of the fractures strongly suggested abusive origin, and the case was reported to the police and the district attorney's office as child abuse. During the investigation, information from the parents indicated that the child had undergone "chiropractic" manipulations by an unlicensed therapist, between three and four weeks prior to death, to correct supposed "shoulder dislocations." This time interval correlated with the histologic age of the injuries, and the history explained their unusual bilateral location and appearance. The parents were exonerated of abuse charges, and the death was ascribed to SIDS.     

What is a good post-separation relationship? The perspectives of Australian parents

Socio-legal research has established the importance of a ‘good’ post-separation parental relationship; however there is little work addressing the definitions and experiences of parents themselves. Thus, we have few insights into how socio-legal expectations align with those of separated parents. This paper draws on interview data from 27 separated Australian parents to explore the question: how do parents define a good post-separation parental relationship? Our analysis indicated a typology of three relationships: allied, arm’s length and autonomous relationships. These were differentiated by parents’ emotional connection, practical interdependence and deliberate co-operation in caring for their children. They shared in common parents’ focus on the wellbeing of children, which both motivated parents’ on-going connection and informed their definition of a good post-separation relationship with their former partner. Our findings indicate an alignment between socio-legal expectations of good relationships and those of parents, albeit in sometimes unexpected forms.     

EVALUATING "NONTRADITIONAL" RELIGIOUS PRACTICE IN CHILD CUSTODY CASES

This article suggests a model for objectively evaluating "nontraditional" religious practices in child custody and visitation rights cases. The model draws a distinction between religious beliefs and religiously motivated behavior. This distinction assists the evaluator in approaching the family in an unbiased, objective, and respectful manner. Emphasis is placed on considering the religiously motivated behavior in a constitutionally sensitive procedure that simultaneously protects the fundamental rights of parents and children and the children's best interests.     

Introduction: contact and domestic abuse

ABSTRACT

This article introduces the special issue of the Journal of Social Welfare and Family Law on contact disputes and allegations of domestic abuse. It first describes the aims and findings of the International Symposium on Contact Disputes and Allegations of Domestic Violence – Identifying Best Practices at which the papers in the special issue were originally presented. It then outlines the position in England and Wales regarding allegations of domestic abuse in child arrangements cases, highlighting the difference between the ‘law in the books’ and the ‘law in action’. Thirdly, it discusses the research evidence on another prominent international approach to domestic abuse allegations – legislative presumptions against custody or unsupervised visitation/contact for abusive parents. The experience of presumptions in the USA and New Zealand suggests that a similar gap between ‘law in the books’ and ‘law in action’ exists, together with potential problems of legislative drafting. Finally, the article outlines the contributions of the other papers in the special issue to our understanding of international approaches to ensuring safety for children and resident parents in family proceedings where allegations of domestic abuse are raised.     

论人工生殖子女父母身份之认定

传统民法中父母子女关系的建立,血缘与怀胎是母亲同时具备的要素,法律上兼以二者作为认定母子关系的指标。随着医学科技的发达,人工生殖技术使得血缘与怀胎间的相连性不再理所当然,不孕夫妻可以借用他人的精卵通过体内或体外受精,使妻孕育分娩子女,甚至可以将不孕夫妻的受精卵植入他人的子宫怀胎分娩,使得人类的繁衍可以在血缘之外的母体进行。生殖科技对现行法律制度提出了诸多挑战,人工生殖子女之父母身份的认定问题尤为突出。为避免因采用特殊规则形成人工生殖子女为特殊子女的不当认识,立法上应力求采用与自然生殖同样的父母认定标准确定人工授精子女的亲子关系,即依据出生事实确定谁是母亲,根据婚生推定及否认制度确定谁是父亲,丈夫的术前同意限制其对子女的婚生否认权的行使;立足于有限性开放代理孕母的观点,确定代孕子女的父母身份时,法律应突破传统的分娩者为母亲的观念,通过特殊立法规定遗传父母为代孕子女之法律父母。     

醉驾:“一律入刑”还是“区别对待”

如何合理划定"醉驾"犯罪圈的大小,"一律入刑"与"区别对待"两种见解存在实质性分歧。罪刑法定原则作为刑事司法不可逾越的屏障,司法机关应该通过"一律入刑"呼应其明确性要求,同时限制司法机关的权力扩张;主观主义与客观主义作为两种不同的解释方式,在实践选择的位阶上应该以文本映射的主观主义优先适用;刑法总分体系需要刑事立法与司法进行一体化贯彻,在刑事立法已然兼顾总则要求的前提下不能通过"区别对待"再次限缩分则罪名的适用范围;"一律入刑"的主张不违背宽严相济刑事政策的内在精神,刑事政策的刑法化要求刑事司法必须坚守这一法治立场。     

Fatal "crack" cocaine ingestion in an infant

This report describes a 10-month-old infant girl who died of cocaine poisoning. The infant was found apneic and in ventricular fibrillation after the parents summoned rescue personnel and claimed she had ingested rat poison. The parents later admitted that 2 hours before calling for assistance, the infant's 2-year-old brother was found eating "crack" cocaine and also feeding it to the infant. Investigators found "crack" cocaine throughout the house and in the infant's crib. At autopsy, the infant had two pieces of "crack" cocaine in the duodenum. The brain exhibited a markedly thinned corpus callosum. Toxicologic examination showed high concentrations of cocaine in the blood and in other specimens. The manner of death was classified as homicide because the infant was willfully placed in a hazardous environment with an easily accessible toxic substance, medical attention was deliberately delayed for 2 hours, and medical personnel were deceived when they were falsely told she had ingested rat poison. These features were thought to constitute neglect. The toxicologic characteristics of this case are unique. There are numerous reports of passive cocaine inhalation in infants and children less than 5 years of age, but ingestion of cocaine in this age group has rarely been documented. This age group also has no reported deaths due to cocaine ingestion and no cases of "crack" cocaine ingestion. The high concentrations of cocaine seen in this case, combined with the "crack" cocaine found in the duodenum, indicate ingestion as the route of exposure. The thinned corpus callosum in this case may be a consequence of intrauterine cocaine exposure.     

Rates and predictors of sexual aggression among students and non-students

The authors compared rates and predictors of sexual aggression for women attending college with those of women from the same population who were not attending college. Because it has been suggested that less parental monitoring at college may be associated with risky behaviors that contribute to sexual aggression, they also compared rates and predictors of sexual aggression for those living with parents versus not living with parents. The results showed that women living away from parents reported significantly higher rates of sexual aggression than women living with parents, regardless of student status. Logistic regression analyses showed that for student and non-student women, heavy episodic drinking and number of sex partners predicted past-year rape and/or attempted rape. The current results do not provide evidence that college is a uniquely risky environment for experiencing sexual aggression. Rather, the behaviors in which young women engage are associated with sexual aggression during this time period.     

Donor conception legislation in Victoria, Australia: the "Time to Tell" campaign, donor-linking and implications for clinical practice

The State of Victoria in Australia was one of the first jurisdictions in the world to introduce legislation regulating donor conception. Under the Infertility (Medical Procedures) Act 1984 (Vic), donor-conceived people, aged 18 years and over, parents of children under 18 years, and donors gained the right to apply for the release of identifying information about each other recorded in a Central Register. As a result, of this and subsequent legislation, services providing donor treatment were obliged to change clinical practice relating to recruitment of donors, counselling of donors and recipients and recordkeeping. Since this legislation was introduced in 1988, over 5,000 donor-conceived children have been born and in 2006 the first 100 of these children reached the age of 18. The Victorian Infertility Treatment Authority (ITA) conducted a public education campaign to provide information and support to people affected by the legislation. This article describes clinical practice changes prompted by legislation, the 'Time to Tell" campaign and the service model developed for linking parties on the donor registers. The Victorian experience demonstrates that laws allowing the parties involved in donor conception access to information about each other must be accompanied by changes to clinical practice, public education about the implications of the laws, and services to meet the needs of those seeking information relating to donor conception and those contacted as a result.     

Parenting Plans for Special Needs Children: Applying a Risk‐Assessment Model

Family courts are seeing an increasing number of separating or divorced families who have a special needs child. These cases present complex challenges for family law professionals charged with crafting parenting plans based on best interests standards. For many of these children, the typical developmentally based custodial arrangements may not be suitable, given the child's specific symptoms and treatment needs. We present a model for understanding how the general and specific needs of these children, as well as the demands on parents, can be assessed and understood in the context of divorce. This includes an analysis of risk and protective factors that inform timeshare and custodial recommendations and determinations. The risk assessment model is then applied to three of the most commonly occurring childhood neurodevelopmental and psychiatric disorders likely to be encountered in family court, namely, attention deficit/hyperactivity disorder, depressive disorders, and autistic spectrum disorders.

Key Points for the Family Court Community
• There has been a dramatic rise in the population of children with neurodevelopmental, psychiatric, and medical syndromes whose parents are disputing custody in the family courts.
• Family law professionals of all disciplines should develop a fundamental knowledge base about the most commonly seen special needs children in family court, such as those with neurodevelopmental conditions like autistic spectrum disorder, attention deficit/hyperactivity disorder, and severe depressive disorders (especially with teenagers), which may involve suicidal or self‐harming behaviors.
• Commonly recommended parenting plans may be inappropriate for many special needs children, as some function significantly below their chronological age and pose extreme behavioral challenges.
• A systematic analysis of risk and protective factors should inform timeshare arrangements and determinations with this varied population, including the safety of the child and severity of the disorder, parental commitment and availability to pursue medical, educational, and therapeutic services, the parental attunement and insightful about the problem, and the differential parenting skills of each parent.

     

LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PARENTS

Estimates are that there are between 1.2 and 3 million people who are in same-gender partnered household relationships in the United States. Although there is less certainty about the number of parents among these couples and the number of single-parent gay and lesbian families, all research shows that a growing number of gay and lesbian as well as bisexual and transgender individuals are choosing to be parents. A sound body of empirical literature has demonstrated that the sexual orientation of a parent is irrelevant in terms of a person's ability to parent and has no lasting effect on the psychological adjustment of the person's children. Nevertheless, a majority of states in the United States place considerable legal hurdles in the face of lesbian, gay, bisexual, and transgender (LGBT) individuals who would like to be parents, as do many countries around the world, and the social context of contemporary society creates a number of special issues that the forensic evaluator or psychologist may encounter when asked to make a custody, adoption, or other fitness to parent assessment with LGBT parents. This article presents an overview of these issues and moves beyond theory to provide specific recommendations for evaluators working with LGBT parents.     

Challenging Australia's "closed" model of neonatal care: the need for reform following Re baby D (No 2)

The withdrawal or withholding of life-sustaining treatment to compromised newborns is a subject of controversy in countries where there is now highly advanced neonatal care to keep such newborns alive. The topic has generated comparatively less debate in Australia, where case law is sparse and parents and clinicians themselves make decisions regarding the cessation of care, largely free from extemal oversight. The recent case of Re Baby D (No 2) [2011] FamCA 176 endorses this "closed" approach to neonatal decision-making. This article critically discusses some of its implications and makes suggestions for reform to ensure meaningful oversight of decisions to withdraw or withhold treatment. The authors argue that the judgment fails to address some fundamental issues, such as ensuring that those with the responsibility to make decisions are doing so on a "best interests" basis. This is important because, in a society where disability remains stigmatised and poorly understood, there is no opportunity under the approach adopted in Baby D to guarantee adequate protection of the rights of individuals born with physical or intellectual impairments.