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1.
This Note proposes that all states should require that foster parents have liability insurance before children are placed in their care. This Note also proposes that the liability insurance needs to cover not just harm to third parties but also harm to the foster children through the negligent acts of the foster parents. This legislation will allow foster children to have standing to bring claims against their foster parents and insurance companies and give them a greater opportunity for recovery. Currently, the policies and statutes governing the policies in place do not cover all types of harm that can occur during the foster parent–child relationship. Certain policies leave children who are harmed by their foster parents’ negligence unable to recover any damages from the people who have harmed them. Because foster parents can be left to defend the actions themselves, they often become judgment proof due to their low income, leaving the children who are harmed with little chance of recovery.
    Key Points for the Family Court Community:
  • States need to require foster parents to obtain liability insurance, which covers harm done by the foster children to third parties, harm to the home, and any harm done to the child by the foster parents.
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In 2001, the New York State Permanent Judicial Commission on Justice for Children, chaired by New York State's Chief Judge Judith Kaye, developed the Babies Can't Wait Initiative to maximize the well‐being and permanency prospects of infants in foster care. This court‐based innovation became a path to healthy development for babies in foster care, a bridge to unprecedented collaboration among the New York City Family Court, child welfare system, and service providers and merged knowledge about child development with court and child welfare practice. This article tells the story of the Babies Can't Wait Initiative—its creation, implementation, successes, and lessons.  相似文献   

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This paper describes the role a sociologist in a capital murder case involving a defendant who was in foster care and adoption for most of his youth. The author of this paper worked as a sociologist/ mitigation expert in this case. The circumstances of his tragic life leading up to and in the foster care system is presented as mitigation. A literature review on the issues surrounding foster care, presented here, was developed and given to all experts and attorneys working on this case. These issues were to be presented whenever appropriate in their testimony or questioning, during both the guilt and penalty phase. The jury found him guilty of two counts of first degree murder; but voted for life during the sentencing phase. The utility of sociology in criminal cases in general is discussed.  相似文献   

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李威娜 《政法论丛》2011,(3):125-129
植入式广告受到国内传媒界的热捧,但过多过滥的现状令人堪忧。广告监管部门因担忧无法可依而尚未对植入式广告实施任何监管措施,然其理由值得商榷。植入式广告本质上难脱商业广告性,是我国《广告法》第二条第二款"广告"的组成部分,应当适用《广告法》。不仅如此,对植入式广告进行规范也是我国《广告法》立法之应有之意,也即,运用《广告法》对植入式广告进行规范有其价值衡量角度的依据。但是,《广告法》也应同时注意植入式广告所异于传统广告的特殊之处,做进一步的修订或完善。  相似文献   

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This study examined the quality or characteristics of permanent placements at 6 years of age for 254 children who had been removed from their homes prior to attaining 3.5 years of age (mean = 13 months). Although the primary objective when removing children is protection, subsequent permanent placements are prioritized by federal legislation with a stable family environment, especially one with the biological parent(s), being preferred. Three a priori comparisons (i.e., reunified vs. nonreunified, adopted vs. foster care, relative vs. nonrelative foster care) were conducted for caregiver and child reports of exposure to family violence. The results indicate that both reunified children and their parents report more family violence (witnessed and child victimization) than do nonreunified children and their caregivers. Adoptive parents did report that they used more minor violence in disciplining their children than did foster caregivers, but their children reported witnessing significantly less physical violence in the home. Recognizing that the development of children removed from their homes because of maltreatment is likely a function of both the maltreatment as well as the quality of subsequent family experiences (i.e., violence exposure), implications of the findings for determining placements are discussed.  相似文献   

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梁亚 《河北法学》2012,(8):159-160,161,162,163,164,165
对护理保险发展较有特色的国家——日本的成功实践进行分析研究,借鉴日本在护理方面的经验,依据我国实际情况提出实现并完善我国护理保险的具体措施和建议。  相似文献   

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In order to promote timely permanency for children in out‐of‐home care, citizen foster care review programs employ volunteers to monitor progress for children in the child welfare system. In addition to case file reviews, Kentucky implemented an Interested Party Review system in which foster care review board members meet with family members and child welfare staff in order to glean more detailed and multi‐faceted information to submit to the court. This article describes a mixed‐methods program evaluation demonstrating the contribution of such a review process to judicial decision making and child outcome, as well as recommendations for program improvement.  相似文献   

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Youth in foster care have often been exposed to in-home violence and violence exposure is associated with higher mental health concerns. This study used multiple regression mediation analyses with bootstrapping to identify specific current foster caregiver-adolescent relationship factors and their mediating qualities between in-home violence exposure and adolescent internalizing, externalizing, and trauma symptoms. Using a national dataset of adolescents in foster care (n?=?175), the results of this study suggested that an adolescent’s perception of feeling emotionally secure in their relationship with their caregiver mediated the relationships between exposure to violence and youth internalizing, externalizing, and trauma symptoms. Additionally, current foster caregiver involvement and structure mediated the associations between exposure to violence and adolescent internalizing and externalizing outcomes, but not trauma symptoms. Further discussion of the results is included. Findings have important implications for mental health interventions aimed towards youth in foster care.  相似文献   

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Specialized Family Care (SFC) provides planned, long term family foster care to youth who have been adjudicated as delinquent and who are at high risk of on-going delinquent behavior following their transition into the community from correctional confinement. The program is funded and operated through a collaborative arrangement among The Casey Family Program-Bismarck Division, the North Dakota Department of Human Services (DHS) and the North Dakota Division of Juvenile Services (DJS). Specially recruited, trained and supported foster families work closely with a dual case management system of services provided by SFC social workers and DJS case managers responsible for community-based aftercare. Individual case plans for youth involve a mix of intensive aftercare programming for delinquent behaviors, individually designed intervention strategies, intensive supervision, and intensive casework. This article discusses the program model, implementation challenges, costs and preliminary outcomes.  相似文献   

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行政处罚权的相对集中:现实的范围及追问   总被引:2,自引:1,他引:1  
集中行使行政处罚权的范围,用了"相对集中"表述。如何理解"相对"?要明确和确定哪些行政处罚权需要集中,就必须进一步完善行政处罚权集中的范围和调整配置制度。目前,各地对行政处罚权进行了调整和配置,在城市管理领域和文化等领域集中了有关行政处罚权,并形成了不同的模式。行政处罚权的集中范围和调整配置制度基本符合实际需要,有助于提高行政执法的质量和水平,深化行政管理体制改革。当然,这一制度尚存在一些问题。  相似文献   

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Although the population of imprisoned mothers is increasing, little formal data have been gathered about their dependents. This article draws on data from a study that examined the impact of maternal incarceration on 20 adolescent children in Victoria, Australia, focusing specifically on how and what care arrangements were made for the children and the implications of this care. Findings show a number of supportive and hindering factors that influence the making of care arrangements, including the support of another adult who enabled the woman in her role as mother, mothers' realistic outlook, and subsequent behaviors. Even where there were chronic problems, such as substance use, with a balance of supportive factors, these women were able to make reasonable and stable care arrangements for their children.  相似文献   

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Journal of Family Violence - Foster care is meant to provide a safe, temporary out-of-home placement for children exposed to maltreatment, yet little is known about how youth and foster caregivers...  相似文献   

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Given that courts have the responsibility to ensure the state is providing proper care to children in its custody, courts need to consider whether those children over whom they have jurisdiction are receiving a quality education and are physically and emotionally healthy. Court well‐being measures were not developed when the safety, permanency, timeliness, and due process measures were established. However, there have been recent efforts to address this void. This article describes the newly developed set of well‐being measures for courts to track success in improving well‐being outcomes in the areas of physical health, mental health, maintaining permanent relationships, transition to adulthood, and enhanced family capacity to provide for their children's needs.  相似文献   

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Based on a combination of administrative data; juvenile court record review; and informed‐participant interviews of juvenile court judges, attorneys, and service providers, the current study examines the impact of the Foster Children's Project (FCP). FCP is a program that provides professional legal representation to children in substitute care. Legal representation by FCP attorneys is found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification is not, however, found to be affected by FCP representation. Implications for juvenile court policy and practice are discussed.
    Key Points for the Family Court Community:
  • The study is the first of its kind to examine the impact of client‐directed representation in cases of children in foster care through examination of Palm Beach County's Foster Children's Project (FCP), which provides professional legal representation to those in state care.
  • FCP representation was found to increase the rate of children's exit to adoption, leading to a higher overall rate of exit to permanence. The rate of exit to reunification, however, remained stable.
  • Research findings are based on administrative data; juvenile court record review; and interviews of juvenile court judges, attorneys, and service providers.
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Aftercare services have been suggested to improve reintegration for youth departing residential care programs. The purpose of this study was to collect views from legal professionals about the challenges youth and families face during reintegration and solutions to improve stability. Views were collected from 14 legal professionals (e.g., guardian ad litem, legal counsel) through a survey and 90‐minute nominal group technique focus group. Results indicated parent expectations about re‐entry and lack of services, supports and resources were challenges. Solutions suggested by participants included family, mental health and educational supports, and transition planning. Study limitations and future implications are discussed.  相似文献   

20.
西方国家公务员培训制度对我国的借鉴意义   总被引:2,自引:0,他引:2  
本文在对西方主要发达国家公务员培训制度进行分析比较的基础上,总结了西方国家公务员培训制度的特点和先进经验。作者认为针对我国目前公务员培训的现状和存在的问题,应该借鉴国外先进经验,尽快建立、健全我国公务员培训制度,并提出了相应措施。  相似文献   

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