Playing God: Mary must die so Jodie may live longer

In 2000, conjoined twins were born in England. What made this case unique was the fact that if the twins remained unseparated, medical opinion held they would die; if they were separated one twin would live, and one twin would die; the parents refused to consent to separation; and the hospital charged with their care brought the matter to court. The trial court and court of appeal approved of the surgery, which was promptly performed, resulting in the immediate death of the weaker twin. The author argues that there is no justification in law or morality for the courts' decisions, and that, in fact, the courts' decisions over-rule prior precedent and effectively divorced law from morality.     

Gillick v West Norfolk and Wisbech Area Health Authority

England's Court of Appeal, Civil Division, ruled that parents had the right to prevent a physician at the local health authority from prescribing contraceptives to girls under the age of 16 without parental consent. Since a girl was legally incapable of giving valid consent in other matters before that age, neither could she give valid consent to contraception or abortion. A doctor who provided contraception or abortion treatment to a girl under 16, except in an emergency or with permission of the court, would infringe on the legal rights of the parents. An appeal was taken to the House of Lords.     

Does the expert witness fit the crime? Injury to a child by starvation--a dietitian's testimony

After the death of their four-month-old infant, the parents were charged with injury to a child by starvation. The medical examiner documented blunt force trauma and severe malnutrition at autopsy, but the cause of death was undetermined. The legal team hired a neonatal dietitian who was able to determine that impaired growth only occurred when the infant was in the care of his parents. This information, along with other testimony, established that the lack of nutrition compromised this infant's ability to grow and develop normally, and thus contributed to the infant's death. A jury found the father guilty of injury to a child with intent, and was sentenced to 50 years in prison. The mother agreed to a plea bargain serving 25 years. The purpose of this report is to offer insight, information, and facts from this case for the benefit of others.     

The Impact of Child‐Parent Psychotherapy on Child Dependency Court Outcomes

Although parental compliance with court orders in child welfare cases is key to achieving physical parent‐child reunification and successful case closure, little research has examined how parent‐child relationship‐focused rehabilitative services uniquely influence case outcomes. This project fills this gap by investigating links between court ordering of and parental participation in Child‐Parent Psychotherapy (CPP) with court outcomes. Data were obtained from court records of 448 court‐involved parents. Hierarchical regressions revealed that greater participation in CPP led to reunification and successful case closure but not faster case closure. Courtroom professionals should consider parent‐child relationship‐based therapies as tools for achieving child welfare goals.     

The evolution of consent search law

This study examines the legal issues associated with consent searches conducted by law enforcement officers to gather evidence for criminal prosecutions. Through a review of the available case law relating to consent searches the study examines the requirements of a valid consent to search, the issues associated with these requirements, and the relationship between these requirements and the Fourth Amendment. While the paper focuses on Supreme Court decisions, lower court cases are included to illustrate specific points and examine general trends. The reader is given a general understanding of judicial preferences for procedures to be used when effecting consent searches.     

Socializing Distrust of the Justice System through the Family in Juvenile Delinquency Court

Juvenile delinquency courts in the United States generally require parents to attend all court hearings, but little is known about how parents' experiences in the court process affect their discussions of the justice system with their court‐involved children. Using multiperspectival and longitudinal data combining observations with interviews of parents and youth in two courts, this research finds that many parents discuss the legal process in negative terms with their children when parents are outside the presence of legal authorities. This research adds to the literature on legal socialization by examining how parents' perceptions of law and their experiences with the court become part of the socializing content provided by parents to their court‐involved children. Creating a more meaningful role for parents in the juvenile justice process may potentially lead to more positive discussions of the court process between parents and juvenile defendants.     

Juvenile Drug Court Program Admission,Demeanor and Cherry-Picking: A Research Note

The influence of demeanor in criminal justice research has predominantly centered on arrest and sanctioning outcomes. This study examines demeanor at the juncture of juvenile drug court admission by attributing behavior perceived to be favorable or unfavorable to program compliance and success to either juveniles or their parents/guardians. Analysis of 76 juvenile drug court case files enabled examination of how parent and child demeanor impacts specialty court admission. Findings suggest that program admittance (i.e., system leniency through diversion) is largely a function of projected attitude and behavior during screening interviews, but selection decisions are made irrespective of demeanor source. Implications of the findings for drug court processes and continued system involvement are discussed.     

Family Conferencing: A Success for Our Children

Model Courts, assisted by the National Council of Juvenile and Family Court Judges, employ innovative best practices to better achieve permanency of children in the dependency system as required by the Adoption and Safe Families Act (ASFA). Family Group Decision‐Making Conferencing has been used in the Miami Model Court since 1998. The judge chooses cases at the initial detention hearing, and parents must agree to the procedure. A Department of Children and Families social worker facilitates a well‐planned meeting between parents and their families and friends where parents' case plans are developed for the court to approve. In an evaluation of 87 such conferences, the National Council determined that the process has assisted families in identifying strengths and resolving problems. Satisfaction rate of participants was high, and parents became highly motivated. Conferencing produced more timely case processing times and more stable placements. In addition, within Miami's multi‐ethnic and multi‐cultural community, the conferences developed good communication between the generally middle‐class court staff and the primarily poor, immigrant, and native‐born parents.     

Predictors of Initial Court Agreement and 1‐Year Relitigation in Title IV‐D Contested Paternity Cases

We examined potential predictors of initial court agreement and 1‐year relitigation in a sample of contested paternity cases involving unmarried parents coming to court to establish paternity, child support, and other issues. Cases participated in an RCT of a parent program and of a waiting period between establishment of paternity and court hearing. We controlled for RCT study factors and used baseline assessment data to predict likelihood of reaching full agreement in the initial court hearing and relitigation in the following year. Findings suggest that cases in which parents get along better outside of court are more likely to reach agreement and less likely to return to court. Additionally, particular parent demographics predict lower likelihood of reaching initial agreement (e.g., parents are non‐White, father earns below $10,000 yearly), more relitigation (e.g., parents are non‐White, mother earns above $10,000 yearly, father has children with others), and less relitigation (e.g., father earns above $10,000 yearly). Child demographics and most parent relationship characteristics did not predict outcomes. We discuss findings and offer suggestions for court interventions.     

论成年在校大学生对父母的抚养费请求权——兼论《婚姻法司法解释(一)》第20条的缺陷与完善

在司法实践中,对于在校成年大学生起诉父母索要抚养费的相似案件,不同法院的判决往往截然不同。主要原因在于《婚姻法司法解释(一)》第20条对"不能独立生活的子女"的规定存在缺陷。在《婚姻法》相关内容细化之前,有必要通过司法解释作出明确规定,一是明确"父母有给付能力"为成年子女请求父母给付抚养费的前提;二是细化对"不能独立生活的子女"的解释,甄别情况肯定或否定在校成年大学生对父母的抚养费请求权。     

Out on a Limb: Appointing a Parenting Coordinator with Decision‐Making Authority in the Absence of a Statute or Rule

This Article addresses the issue of whether a court may appoint a Parenting Coordinator (PC) with decision‐making authority in the absence of a statute or court rule. The Article identifies possible sources of authority for the appointment of a PC with decision‐making authority in a state with no authorizing statute or court rule. It also provides a paradigm for constructing an appointment that allows for the benefits of Parenting Coordination but does not delegate decision‐making authority to an extent that it would constitute an impermissible delegation of judicial authority.

Key Points for the Family Court Community:
• Where a court seeks to appoint a PC with decision‐making authority in the absence of an authorizing statute or court rule, the court may find some authority allowing the appointment in (1) its equitable authority over child custody and visitation, (2) its authority to enforce its own orders, or (3) its authority to appoint other extrajudicial assistants such as a special master or mediator.
• Where a court seeks to appoint a PC with decision‐making authority in the absence of an authorizing statute or court rule, the court must craft an appointment that delegates enough decision‐making authority to the PC for parenting coordination to be effective yet, at the same time, not so much decision‐making authority as to render the appointment an impermissible delegation of a judicial function, specifically:
  • The PC's role should be limited to assisting the parties in implementing custody and visitation terms already decreed by the trial court.
  • A PC should be appointed only if the parties to the divorce consent to the appointment or if the trial court makes a finding that the case is a high‐conflict case.
  • The parties must have the opportunity for the trial court to meaningfully review any decision of the PC so that the trial court retains ultimate decision‐making authority.

     

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.     

Woman's Right to Know Act: a legislative history

This article provides a comprehensive legislative history of North Carolina's Woman's Right to Know Act of 2011. The Act requires informed consent and a mandatory twenty-four hour waiting period for abortion, thus protecting a woman's right to make an informed choice. Informed consent provisions and mandatory waiting periods give individuals making decisions the information and time necessary to make informed choices. The Act further provides that an ultrasound be performed and explained no less than four hours and no more than seventy-two hours before the abortion. The article first provides a brief overview of sources of legislative history recognized in North Carolina. It then details the history of the Woman's Right to Know Act, from the first informed consent bill introduced in 1981, to the passage of the 201l law, and to the federal court case that followed. Finally it provides specific objections that were raised against the bill and responses to each. Legislators considering similar legislation need to be aware of the opposition they inevitably will encounter when passing such a bill. The author expects that this history and the ultimate success of North Carolina will encourage other states' legislators and lawyers and give them the tools to make their case effectively.     

Implementing Equal Justice for Parents in Washington: A Dual Approach

In many states, legal representation for parents of dependent children is inadequate and can be a source of delays in securing permanency for children and unnecessarily protracted court proceedings. Often, such parents also face barriers to accessing services and independent evaluators. These issues are being addressed in the state of Washington through two approaches. The first is a successful enhanced legal representation program that has substantially improved case outcomes. The second is a statewide committee using innovative means to examine systemic responses to the challenges of the Adoption and Safe Families Act.     

Forgotten Children of Immigration and Family Law: How The Absence of Legal Aid Affects Children in the United States

The absence of government‐appointed legal counsel in immigration proceedings adversely affects large numbers of children in the United States. Children born in the United States to parents without citizenship status (U.S.‐born children of noncitizen parents or UCNP) are harmed by a parent's detention and removal. Unaccompanied alien children (UAC) who have entered the country without legal status are adversely affected by their own detention and removal. The possibility of obtaining relief from removal is drastically diminished by the lack of legal representation. Currently UAC and immigrant parents are not entitled to court‐appointed attorneys. Any meaningful change in immigration law, such as a federal statutory amendment to provide UAC and immigrant parents with government‐appointed counsel is unlikely due to the present political dissension in Congress regarding this issue. Because UAC and immigrant parents are not entitled to government‐funded legal representation, a pro bono legal service system has developed, but is unable to meet the present need adequately. For immigrant parents, this Note proposes the adoption of a statute to allow the appointment of court liaisons in family court proceedings. The court liaison is a nonattorney who is familiar with the processes of the family court and ensures that immigrant parents are fully informed regarding all pertinent family court proceedings. For UAC, this Note proposes an amendment to the William Wilberforce Trafficking Victims Protection Reauthorization Act to mandate the appointment of a child advocate to all UAC. The child advocate is not a lawyer, but works with the UAC's attorney to provide the child with legal representation and advocacy.

Key Points for the Family Court Community:
• UCNP confront the loss of parents to detention and removal. Children are condemned to limbo, torn between absent biological parents and placement in foster care.
• The recent surge in the number of UAC who enter the United States by crossing the border from Mexico has been described as a humanitarian crisis. These children often remain alone without legal protection, vulnerable to detention and removal.
• Ideally, UAC and the immigrant parents would be provided with government‐funded legal representation in immigration proceedings. In the absence of the federal statutory reform necessary to make that a reality, state statutory reform to allow for the provision of court liaison programs for immigrant parents and federal statutory reform to allow the appointment of child advocates for UAC can begin to offer children and families needed legal support and advocacy.

     

ASSESSING AND MANAGING ALLEGATIONS OF CHILD SEXUAL ABUSE

This article examines the procedures involved in the assessment and management of allegations of child sexual abuse in courts exercising custody and access jurisdictions. The author discusses the various options available to the court when confronted with such allegations, noting that, in the contex: of access disputes, the issue for the court is not whether a parent has sexually abused a child but whether, in all the circumstances of the case, access should take place or custody should change. In all matters involving access between parents and children, the overriding principle is the paramountcy of the welfare of the child. It is also argued that supervised access, although an increasingly popular alternative for the court when faced with allegations of abuse, is problematic and may not be in the best interests of the child. The author suggests that the emphasis must be on children's rights find parental responsibilities.     

RECONCILING PARENTS' AND CHILDREN'S INTERESTS IN RELOCATION In Whose Best Interest?

When a family comes before the court, whose interests are really served? Can the court's representatives act in the best interests of the children while respecting the rights of parents? When a case is sent to a court‐connected evaluator, how does the evaluator balance the tensions and varying perspectives inherent in this work? Within the bounds of advocacy and legal ethics, how does the attorney balance the demands and rights of the client while guiding the parent to consider the needs of the children? How do judges frame the dilemmas before them and consider the work of the evaluator? This article addresses these questions in a multidisciplinary fashion, using a hypothetical case as a guide.     

RESULTS OF A SURVEY OF COURT-CONNECTED PARENT EDUCATION PROGRAMS IN U.S. COUNTIES

This article highlights the results of a survey of 3,073 U.S. counties regarding court-connected programs for divorcing parents. Court-connected programs were identified in 541 counties. Information is provided on states' efforts at parent education for divorcing parents, including proliferation of programs, commonly used programs, court involvement in organization of programs, fees, and various attendance policies, including mandated attendance. The research establishes a base of information that reflects current practices, informs future research on program outcomes, and assists court systems to implement, change, and/or mandate education programs for divorcing parents.     

二审和解后的法理逻辑:评第一批指导案例之“吴梅案”

二审和解后撤诉与撤回上诉皆有可能,但撤诉应受更多限制。一审判决生效后法院应依请求按法定条件立案执行,协议未履行不是立案条件。既判力"标准时"后达成的和解协议可变动判决确定的民事债权,但不能冻结或取消执行力,法院应依请求判决排除原判的部分执行力。和解协议具备成立要件和有效要件即为有效,与是否违约无关。法律已规定违约责任,不必也不应援用诚信原则。对债务人的实体异议应无选择地依实体审理程序处理。由于未能把握前述法理,"吴梅案"出现了多个问题:混同撤诉与撤回上诉,违法设置执行立案条件,错误理解生效判决和和解协议的关系,异议处理程序欠缺正当性,类推适用《民事诉讼法》第207条,裁判要点与裁判理由不符,案例名称不当。     

The Parenting Coordinator as Peacemaker and Peacebuilder

Parenting coordinators serve as case managers in high‐conflict families with the goal of protecting the children from parental conflict. Parenting coordinators are peacemakers and peacebuilders who identify and help set up structures in the family to support peace between the parents. The family court should promote and develop equipoise in litigants and professionals. Because parents who continue in conflict postdecree often have difficulty empathizing with their co‐parents and with their children, they might benefit from meditation training to increase mindfulness, empathy, and compassion. Self‐compassion training could also increase well‐being and more effective co‐parenting and aid in building peace in the family.

Key Points for the Family Court Community:
• Parenting coordination is a child‐focused intervention with high‐conflict parents that can help protect children from their parents' conflict.
• Parenting coordinators are peacemakers who resolve disputes between the parents and facilitate negotiation and communication between them and help them make decisions.
• Parenting coordinators are also peacebuilders who help identify and build structures and processes in the family system to strengthen interparental peace.
• Equipoise can be developed in litigants and professionals through mindfulness and compassion training.
• Family court judges can work with parenting coordinators in a team approach, in a manner similar to what occurs in problem‐solving courts, to benefit the families and the judicial system.