Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach

Divorce information, advice and help on questions about rights under Florida divorce, alimony, property, child support, custody, visitation and domestic violence laws, cases, procedures and guidelines from Fort Lauderdale Broward & West Palm Beach County divorce lawyer and domestic violence attorney Janet Langjahr

December 14, 2010

Ten Day Old Ohio Baby Dies in Care of Mother Repeatedly Investigated by Child Welfare Agency

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency, Miscellaneous.

Mother allegedly abuses drugs.

Mother has been investigated by the state’s child welfare agency on at least six occasions. Previous allegations against Mother include taking drugs in front of her children.

Mother allegedly was on so many drugs while she was pregnant recently that her speech was slurred and was unable to walk down stairs.

Mother’s ten day old Baby dies … in a running washing machine.

Mother’s other children have been removed from Mother’s care and placed with relatives.

Ohio law was recently amended … to reduce the number of cases where children are removed from a parent’s care. Last year, Ohio removed more children from a parent’s home than all other states but one.

Under the new law there, a child must face an “imminent safety threat” rather than a mere “risk of danger” to justify removal. And a parent’s drug addiction, by itself, is not deemed to constitute an imminent safety threat.

Read more in this Tulsa World article: DHS laws for child removal defended.

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December 10, 2010

Mentally Ill Teenaged Son Allegedly Assaults Pregnant Sister, and Law Enforcement Officers Reportedly … Refuse to Assist in Any Way

Posted by Filed under Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency, Miscellaneous, Special Needs Children or Disabled Children.

Missouri Father has an adult pregnant Daughter.

Father also has a teenaged Son who, apparently, joined the family from foster care.

Son suffers from mental illness and, at times, allegedly is very aggressive.

Son presently lives in a group home equipped to provide appropriate services to meet Son’s special needs.

This arrangement is likely court-ordered through either a juvenile dependency case or a juvenile delinquency case or related cases of both types, as a result of Son’s alleged prior assault on Father.

Son is released to Father for the Thanksgiving holiday. Father and Son go to Daughter’s home for the holiday.

Over the visit, Son reportedly becomes enraged and allegedly assaults Daughter.

Upon arrival of other family members, who assist in restraining Son, Father calls Son’s Therapist.

Therapist advises Father to call the police.

Father calls the police.

The police arrive …

And ask Son whether Son wants to leave for a psychiatric facility.

Son indicates that he does not.

The police advise Father that they cannot take Son to a psychiatric facility against his will.

Father then requests, as an alternative, that they arrest Son and take him to juvenile detention.

The police advise Father that they cannot arrest Son because he is a minor.

One of the officers on the scene is a supervisor.

The officers suggest that Father take Son home with him, away from Daughter.

Father arranges for a family member to return Son to his group home.

Read more in this Kansas City [MO] Examiner article: KCPD refuse to remove homicidal teen from the home.

This particular family lives in Missouri.

But there are similar families facing similar challenges throughout Florida.

Depending upon Son’s precise conduct and history, Florida law provides at least two different mechanisms for immediate intervention in crises such as this:

In Florida, law enforcement officers should be familiar with both processes and, in appropriate cases, should be prepared to assist a parent with whichever measure is most appropriate in the case at hand.

In the event that law enforcement officers will not intercede in the immediate family crisis or in the event that family assistance is needed beyond the immediate crisis, a family law attorney with additional experience in juvenile law and, ideally, further experience in mental health law and/or substance abuse law, should be consulted as soon as possible.

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November 20, 2010

Should a Parent Be Guilty of Their Child’s Offenses Unless Proven Innocent?

Posted by Filed under Juvenile Delinquency or Juvenile Dependency, Miscellaneous, Substance abuse, drug abuse, alcohol abuse.

Davenport, Iowa apparently thinks so. The City has a local ordinance that holds a parent accountable if their child breaks the law or causes a third party harm.

Accordingly, the ordinance imposes punishments for their children’s infractions on parents.

Parental punishments progress with each succeeding infraction, from a mere warning, to attending mandatory parenting classes at a parent’s expense, to monetary fines starting at $750.

As written, the ordinance requires an “accused” parent to prove that the parent has not been negligent in supervising their child. Failing that, if the City deems the parent responsible, the punishment stands.

Son is arrested for having “pot” and violating the local curfew.

The City of Davenport “punishes” Mother.

Mother takes the matter to court.

At trial, the court rules in Mother’s favor, and awards Mother significant attorney’s fees.

The City of Davenport appeals.

Iowa’s highest court then holds that some of Davenport’s ordinance is unconstitutional, because it deprives parents of due process.

In particular, the court strikes the ordinance provision that relieves the government of having to prove that the parent was negligent and, as written, unconstitutionally shifts the burden of proof to a parent to prove that they were not negligent.

And the appellate court upholds Mother’s victory at trial.

Otherwise, the ordinance stands though and the court approves, conceptually, holding parents accountable for their children’s misdeeds.

But now the law will require the government to put on affirmative proof of the parent’s negligence and, presumably, that that negligence “caused” the child’s misconduct. So, the ordinance no longer stacks the deck in favor of government … and, arguably, now stacks the deck in favor of parents.

Read more in this [Davenport, IO] Quad-City Times news article: Parental responsibility law takes hit from Iowa court and this Des Moines / Ames WOI-DT 5 ABC TV news article: Parts of Parental Responsibility Law Struck Down.

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November 14, 2010

Father Charged with Murdering His Children’s Mother in Their Full View, Seeks Jailhouse Visitation with Children

Posted by Filed under Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency, Visitation and Timesharing.

Husband and Wife have three Children together.

Husband is arrested for allegedly murdering Wife … before Children’s eyes.

And then fleeing from the scene with the Children in tow.

Husband is now in jail awaiting trial.

Children are in foster care.

Both sets of Children’s Grandparents are in the process of qualifying as foster parents for Children.

At a family court hearing concerning the Children, Husband requests that the Children visit Husband in jail. Husband believes that the Children would like to visit him in jail.

The Children’s paternal Grandparents support the Children visiting Husband in jail.

The Children’s maternal Grandparents object to any such timesharing with Husband.

The attorney appointed to represent the Children also objects to any timesharing with Husband, because the Children may be called as witnesses at Husband’s criminal trial and Husband might attempt to influence the Children’s testimony during visitation.

Husband’s attorney counters by proposing electronic monitoring to guard against witness-tampering. It is unclear how effectively such monitoring could guard against manipulation.

The Children’s attorney asks the Court to speak with the Children’s therapists before ruling on visitation.

The family court judge indicates he will consider Husband’s request for timesharing but that he will take no action regarding any existing criminal court orders barring or limiting contact with the Children or witnesses in general.

One can only speculate about Husband’s motivations for timesharing.

Read more in this Mankato [MN] Free Press article: Murder suspect requests visitation for kids.

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October 20, 2010

Girl Who Was Allegedly Sold for Sex While in Child Protective Custody Will Sue Government

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency.

Australian Girl is taken into child protective custody by the child welfare agency (Agency) of the Australian government when Girl is twelve years old (presumably due to abandonment, abuse or neglect by Girl’s parents).

While in the custody of the Agency at the age of twelve, Girl is allegedly sold for sex.

Now Girl has an attorney and is looking to sue the Agency and government for its neglect.

The Agency reportedly concedes its negligence, but maintains that the Girl is fine now.

As part of her case, Girl will need to prove not only the neglect, but that it resulted in actual harm to her. That will require expert psychological evidence.

Since Girl is an indigent child, she is hoping to receive donations from the public.

Read more in this [Australia] World Today ABC newsradio article: Girl sold for sex wants to sue Tas Government.

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October 6, 2010

Florida Baby Remains in Child Protective Custody After Being Shot By Uncle

Posted by Filed under Child Custody or Parental Responsibility, Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency.

Southwest Florida one year old Baby is shot by his Uncle, apparently accidentally.

Baby is expected to make a full recovery from his wound.

But, as a result of the incident, the Florida Department of Children and Families removes Baby from his Mother’s care and places him in child protective custody.

A restraining order is entered against Uncle.

Mother is allowed supervised timesharing with Baby.

Mother is reportedly following the case plan ordered by the Florida juvenile dependency court, including taking parenting classes.

There are concerns about Mother’s ability to protect Baby if Uncle is released from confinement.

But Mother believes she is prepared to resume caregiving for Baby.

Mother undergoes an evaluation by a psychologist, but the report is not ready yet.

The court orders the Mother to attend child custody mediation pending the psychologist’s report.

Mother reportedly was expected to enter a plea in this juvenile dependency case, but reportedly changed her mind during a routine status check hearing and is now seeking a trial.

Read more in this WBBH NBC TV 2 News article: Last minute decision left mom without custody of son.

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September 28, 2010

Florida Intermediate Appellate Court Strikes Down Law Banning Gay Adoption as Unconstitutional Violation of Equal Protection of Law

Posted by Filed under Adoption, Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency.

Thirty years ago, Florida outlawed adoption of children by gay couples. And that’s been the law here ever since.

However inconsistent though, gay couples have been allowed to serve as foster parents for foster children.

Setting up the situation where children live for extended periods with gay parents, with neither the parents nor the children permitted to harbor hopes of becoming legally related to each other through adoption.

And so it is for a gay man who has been caring for two foster children as his own for the past five years, since the younger child was only four months old. He refuses to accept that outcome.

At trial, the court found there was no credible evidence that children raised by gay parents did any less well than children raised by heterosexual parents.

Florida is the last remaining state to prohibit all adoptions by any gay people. And that is the basis of an appeal that was just decided.

An intermediate appellate court has struck down Florida’s law as violating constitutional guarantees of equal protection of the law.

An appeal to Florida’s highest court is anticipated.

In the meantime, the state will no longer enforce the statutory prohibition of adoption by gay parents.

One thing is clear. For the many children in foster care in Florida, the pool of prospective parents who just may adopt them has suddenly grown a lot larger.

Read more in this New York Times article: Florida Court Calls Ban on Gay Adoptions Unlawful and this Miami Herald article: Appeals court: Florida ban on gay adoption unconstitutional.

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September 16, 2010

Boyfriend Charged with Murdering Mother’s Toddler, and Child Welfare Agency Puts Boyfriend’s Toddler in Foster Care

Posted by Filed under Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency.

Michigan Mother has two year old Daughter and one year old Son.

Boyfriend is the father of Son.

Boyfriend and Mother both reportedly occasionally use drugs in the home.

The child welfare agency investigates Mother’s home twice in recent weeks, but takes no action..

Daughter dies.

Boyfriend allegedly admits pressing his knee on Daughter’s chest, resulting in her suffocation. He reportedly indicated that he was tired of her yelling and crying.

Boyfriend is arrested on charges of murdering Daughter.

Child welfare agency removes Son from Mother’s home, and places him in foster care.

Now Mother accuses Boyfriend of hurting Daughter in the past.

And tries to win back custody of Son.

Read more in this Grand Rapids [MI] Press news article: Watchdog group critical of child welfare workers in case of alleged 2-year-old murder victim Jozlynn Martinez.

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September 12, 2010

Father Goes to Family Court Hoping for Timesharing and Visitation with His Baby Son … Despite Father’s Conviction of a Sex Offense … and New Charges against Him of Exposing Himself to Minors

Posted by Filed under Juvenile Delinquency or Juvenile Dependency, Paternity, Visitation and Timesharing.

Father has a five month old Son.

Father seeks visitation and timesharing with Son.

One problem.

Father is a convicted sex offender.

Another problem.

Father is about to be arrested on new charges, of exposing himself to two children.

Although the new charges are misdemeanors, normally punishable by confinement for no longer than a year, the prosecution is seeking an enhancement that could subject Father to incarceration for life.

Father’s parental rights to two other children of his have previously been terminated.

The family court denies Father visitation with Son.

But sets another hearing regarding psychological counseling Father will be required to undergo before timesharing with Son can be considered.

Mother has supervised visitation with Son.

Read more in this Huron [MI] Daily Tribune article: Welshans jailed on charges.

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September 7, 2010

In Many States, Punishment for Child Abuse Precedes Charges, Let Alone Conviction

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency, Miscellaneous.

One state’s child welfare agency removes children from their parents’ homes, due to perceived abandonment, abuse or neglect, at a pace equal to two times the national average.

A whopping fifty thousand of that state’s three million residents are listed in a child abuse registry … although not convicted of – or even charged with – any crime.

These residents make the list because a single child welfare investigator (with a supervisor’s rubber stamp) concludes that it is more likely than not, however slightly, that they abused a child.

As a result, the listed residents face loss of employment and loss of child custody.

They do have a right of appeal … to the same child welfare agency.

The state under consideration? Midwestern Iowa.

But forty-five other states’ laws and procedures are not all that different from Iowa’s in regard to “qualifying” for listing in such child abuse registries.

The federal government reports that many states list residents on abuse registries with appallingly little evidence. Many abusers aren’t even informed that they have been placed on the list. Those who press appeals, often aren’t ever advised of the outcome.

Iowa’s Supreme Court reviewed the state’s system recently and reportedly found it lacking in constitutional safeguards. Now the state legislature is working on reforms.

But what about the other forty-five states doing things similarly?

Read more in this Washington [DC] Times editorial: Abusing due process.

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August 31, 2010

Court Terminates Supervision of Child’s Welfare and Leaves it to Child’s Parents to Decide Whether Teenager Can Sail, Alone, Around the World, for Two Years

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency.

Mother and Father are separated, with a thirteen year old Daughter in common.

Duaghter is an accomplished sailor.

Daughter wants to sail around the world … alone.

Father supports her in this.

Mother disapproves of this.

Dutch child welfare agency (Agency) takes Daughter into protective custody, and the court awards the Agency guardianship of her.

Mother later comes around and embraces Daughter’s dream.

After a year or so, the court releases Daughter from protective custody and terminates the guardianship of the Agency over the Agency’s objections.

The court holds that it is up to Daughter’s parents to decide whether she is allowed to sail around the world.

The Agency is considering whether to appeal the court’s termination of its guardianship.

Guardianship dissolved, now fourteen year old Daughter embarks on her planned two year solo voyage around the world.

Read more in this Los Angeles Times piece: Dutch teen Laura Dekker sets sail on solo circumnavigation attempt and this Christian Science Monitor article: Laura Dekker has Dutch court permission to sail around the world

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July 30, 2010

Is Government Agency Which Takes Child Into Protective Custody Legally Responsible for Timely Filing Private Lawsuits Asserting Child’s Rights to Damages?

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency.

UK Father shakes baby Daughter.

As a result, Daughter is left severely disabled.

Daughter is taken into child protective custody by County.

County sues for compensation on Daughter’s behalf … two years later.

Due to the delay in bringing suit, the recovery on Daughter’s behalf is a fraction of what it would otherwise likely have been.

Now Daughter sues the County for 4 Million Pounds UK.

The County argues that it has no responsibility to sue on Daughter’s behalf.

Daughter’s attorney argues that in taking Daughter into protective custody, the County assumes the role of parent and must exercise parental responsiblity.

Read more in this [UK] BBC News article: Injured girl sues Oxfordshire County Council for £4m.

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July 29, 2010

Woman Who Reportedly Beat a Child to Death is Granted Limited Visitation and Timesharing With Her Baby, But Not Her Six Year Old

Posted by Filed under Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency, Miscellaneous.

Texas Father has a five year old Son. Father leaves Son with his Girlfriend, who is not Son’s mother.

Son dies after reportedly being beaten by Girlfriend while in Girlfriend’s care for a week.

Girlfriend is charged with injury to a child.

Girlfriend has a Baby and six year old Daughter.

Girlfriend is not allowed timesharing with Daughter.

But Girlfriend is allowed two hours of visitation per week with Baby.

Son is one of two hundred children in Texas who die from abuse and neglect each year.

Texas’ child welfare agency offers warning signs that should tip adults off to neglect or abuse of children and the need to make a report to the child abuse hotline.

Read more in this Austin [TX] KVUE ABC TV news article: Woman arrested for abuse allowed visitation and How to Recognize Child Abuse .

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July 27, 2010

Child Welfare Agency May Not Privately and Informally Furnish Oral Case Summaries Directly to the Court for Use in Temporary Child Custody or Visitation Rulings in Juvenile Dependency Cases

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency.

Juvenile dependency cases are cases generally brought by the state on behalf of children believed by the state’s child welfare agency (Agency) to be abandoned, abused or neglected.

In preparation for such cases in Massachusetts, courthouse personnel routinely call the Agency to obtain directly, privately and informally a brief verbal account of the contents of the case file.

Leaving behind no record of what the Agency reports to the court.

And, effectively denying parents and other participants in the case the opportunity to challenge or otherwise address the Agency’s account before the Court relies on it in ruling on temporary custody and visitation for the children involved.

In an important recent ruling, the Massachusetts Supreme Court has struck down this procedure as an unconstitutional violation of parents’ rights to due process (fairness).

Massachusetts family courts may no longer follow their well-established procedure.

The Supreme Court has rule that the family courts may, however, develop a new procedure and submit it to the state’s highest court for review and approval prior to implementation.

Read more in this Springfield [MA] Republican news article: Court ruling regarding child-custody cases in Massachusetts hailed as victory for parents.

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July 24, 2010

One Way to Win Custody May Be By Misleading the Court, Based on One Father’s Case

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency, Paternity.

Mother has a Son.

Mother is unable to parent Son adequately.

The two most likely biological fathers undergo DNA paternity testing.

Mother’s parents, Grandparents, obtain sole custody of Son from his birth, reportedly by repeatedly testifying in Court that Son’s father is “unknown”.

But the testing shows that Father is Son’s father.

The California family court later rules that Father should have custody of Son.

But, three years have gone by and Son is still with Grandparents as a result of Grandparents’ initial alleged fraud.

Grandparents deny knowledge of Father’s paternity at that time, even though the test results were available online (by identification code rather than name). Their attorney maintains that they saw only the other possible father’s negative test results.

Read more in this [Bakersfield, CA] KGET TV 17 news article: Couple retains child custody after court ruled they obtained custody by fraud.

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July 15, 2010

Florida Father is Awarded Temporary Custody of Children and Mother is Allowed Only Minimal Visitation Until Psychosexual Evaluation is Conducted, After Mom Allegedly Posts Inappropriate Images of Her Children and of Herself on the Internet

Posted by Filed under Child Custody or Parental Responsibility, Divorce, Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency, Visitation and Timesharing.

Another Florida teacher in the news…

Southwest Florida Husband and Wife have two young children together, two and four years old. The four year old has autism.

Husband and Wife are going through a divorce.

Wife is a special education instructor in an elementary school.

Wife undergoes a psychological evaluation. And is ordered to complete an anger management course and parenting classes.

A truck driver finds the older child wandering the streets, dressed in pajamas.

The Department of Children & Families (DCF) removes both children from Wife’s care.

Wife is arrested for child neglect, a felony.

Wife is suspended from teaching children and assigned to an administrative position.

The trial judge temporarily denies Wife any contact with their four year old, but allows a short weekly unsupervised visitation with their two year old.

Inappropriate and provocative images, allegedly of Wife, are posted on the internet on websites apparently owned by Wife.

Images of the couples’ children, unclothed, are also posted on the internet.

Husband contends that Wife posted the images. Wife denies the charge.

There is no solid proof that Wife posted the images. That would require a computer expert.

Husband’s attorney argues that merely posing for the images, even if she hasn’t posted them, calls Wife’s parental fitness into question.

Trial judge orders that all such images be removed from the internet.

Trial judge orders that Wife undergo a psychosexual evaluation regarding Wife’s sexual propensities.

New images are posted on the internet.

DCF approves Husband as a fit parent.

Husband obtains a domestic violence restraining order against Wife.

Father moves to northeastern Florida, with the former couple’s children, now in his care.

Wife follows.

Wife violates the order of protection by showing up at Husband’s workplace. She denies knowledge.

Trial judge considers that Wife may require more social services, pending her psychosexual evaluation.

Read more in this Marco [Island, FL] Eagle article: Judge orders psychosexual evaluation of former teacher charged with posting naked photos of her children on Web.

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June 27, 2010

State Must Prove Parent’s Unfitness, Despite Child Welfare Agency’s Interventions, in Order to Terminate Parental Rights

Posted by Filed under Juvenile Delinquency or Juvenile Dependency, Miscellaneous.

Rhode Island Father in prison.

Father’s Daughter is born.

Father moves multiple times for visitation or timesharing with Daughter.

Trial judge denies.

And, a matter of weeks to six months before Father’s release, terminates Father’s parental rights to Daughter on grounds of abandonment and serious detriment to Daughter.

At the trial, the only witness is Father himself.

No caseworkers on behalf of the child welfare agency.

No evidence about Father’s compliance or noncompliance with his case plan.

No testimony about what would be in Daughter’s best interests.

Father has completed drug treatment, anger management, domestic violence prevention and behavior therapy.

Father’s prison therapist recommends reunification of Father and Daughter.

Father appeals.

Rhode Island Supreme Court reverses, holding that the state’s child welfare agency has not met its burden of proof of Father’s unfitness as a parent.

Read more in this Providence [RI] Journal article: Family Court Judge Jeremiah criticized in R.I. Supreme Court ruling.

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May 13, 2010

State Can’t Take Child Into Protective Custody Based Solely on Speculation about Potential Harm to the Child

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency, Substance abuse, drug abuse, alcohol abuse.

Father is arrested for possession of illegal drugs.

Nebraska trial court orders Son taken into protective custody based on that and nothing more, concluding that Father might be tried, convicted and incarcerated.

But Father is not prosecuted.

Father appeals.

The appellate court reverses, holding that the state cannot remove a child from its parent’s custody just because the parent possesses an illegal drug, without demonstrating actual harm to the child.

The trial court ruled improperly based entirely on speculation.

Read more in this Nebraska TV ABC news article: Neb. court limits state’s power on child custody.

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May 7, 2010

Homeless Mother of Fifteen Jailed for Contempt for Refusing To Confirm or Deny to the Judge Presiding Over Her Children’s Case Whether She is Pregnant Again

Posted by Filed under Child Custody or Parental Responsibility, Contempt and Enforcement, Juvenile Delinquency or Juvenile Dependency.

A thirty-seven year old Florida woman has given birth to fifteen children.

A sixteenth may be on the way.

The woman refused to say.

Even though the person asking was the judge presiding over her juvenile dependency case.

The woman is homeless and has twelve minor children returned to foster care.

The youngest child is 6 months old.

The judge held the woman in contempt of court over her refusal to answer questions about her possible pregnancy and visitors to her former home, at a status check in her case.

The woman cited privacy concerns.

The judge cited concerns about the children’s welfare, and sentenced the woman to jail.

Given the woman’s track record as a parent, the state will oppose any further efforts to reunite the woman with her children.

Read more in this Tampa Tribune article: Mother of 15 jailed for contempt.

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April 27, 2010

National Child Abuse Prevention Month Spotlighted Around the Country All Month

Posted by Filed under Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency.

Across the nation, communities have been sponsoring events large and small to raise awareness of child abuse and recognize that April is National Child Abuse Prevention Month.

There are over 100,000 reports of child abuse each year in North Carolina alone.

Child abuse can take the form of actual violence, sexual assault, psychological volleys or neglect.

Anyone who suspects that a child is being abused should report the suspected abuse and let trained investigators make the final call.

Ceremonies honor child advocates and child victims.

Florida hosted its first Faith Leader Prevention and Permanency Roundtable, attracting forty leading spiritual leaders from around the state.

In Virginia, children created a pinwheel garden.

Everywhere, literature and programs are distributed to educate communities about local resources available to victims and families.

Read more in

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April 23, 2010

Biological Parents Arrested for Kidnapping Their Biological Son, Who Was Legally Adopted by Another Couple

Posted by Filed under Adoption, Juvenile Delinquency or Juvenile Dependency, Miscellaneous.

Early teen Son was legally adopted in California when he was three years old, after his biological parents lost custody of him. They reportedly have a history of narcotics-related convictions.

Recently, Son comes into contact with his biological parents.

Son goes missing.

Son is found.

Son’s biological parents are arrested on kidnapping charges.

The unusual case where two biological parents may properly be charged with kidnapping their own biological offspring.

Read more in this [Los Angeles] NBC 4 TV news article: 13-Year-Old Boy Returned Home; Biological Parents Arrested and this [Inland Empire, CA] Press-Enterprise article: Birth parents sought in teen’s disappearance.

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April 16, 2010

Child Welfare Agency Accused of Not Doing Its Job and Maneuvering Extended Family and Other Caregivers of Neglected Children into Expensive Court Proceedings That Deprive The Children of Services and the Caregivers of Stipends

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency.

Government creates and funds child welfare agencies to protect children who are abandoned, abused or neglected by their parents (or legal guardians).

When a child welfare agency acts on a child’s behalf, it commences what is called a juvenile dependency action in juvenile court. Strangers and extended family members with which the court places children are eligible for free and low cost government services and may be eligible for government stipends.

That is a different type of process and a different court than family court here in Florida (and many other states) or probate court in Illinois (and some other states), where child custody proceedings between parents (for the most part) are heard.

In Illinois, however, some are accusing the child welfare agency there of directing low-risk poor and overextended families to commence child custody proceedings in probate court themselves, rather than the agency initiating dependency proceedings in juvenile court.

Costing the family money it can’t afford and sacrificing benefits and stipends they could definitely use in caring for the children they take in.

But saving the government money and reducing child welfare case workers’ caseloads. Because social workers do not help or supervise children in family or probate courts.

Child welfare workers are alleged to have intimidated poor people into starting private proceedings in probate court in Illinois by worrying them that their relatives would be placed with strangers … or in institutions.

Read more in this Chicago Tribune article: Is DCFS diverting cases to save costs?

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April 12, 2010

Brutal Child Abuse Case Exposed Upon Approach of National Child Abuse Prevention Awareness Month

Posted by Filed under Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency.

A local West Palm Beach Husband and Wife are under arrest on charges of child torture and cruelty, caging of a child and child neglect of the Wife’s three children, one of whom is also Husband’s. The children are 5, 9 and 10.

The eldest fled to a neighbor’s home after being “kicked out” after a beating, and the neighbor called the authorities.

The children reported that Husband and Wife beat them repeatedly with cables, belts and sticks, and also choked them until they became motionless. On at least one occasion, the youngest believed that the oldest was dead.

Upon medical examination, the children were found to have injuries consistent with their accounts.

The Court has ordered that Husband and Wife have no contact with the children, who are now in child protective custody.

April is national Child Abuse Prevention Awareness Month.

Read more in

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April 8, 2010

Kinship Care Programs Face Severe Budget Cuts Despite Paying Off for Taxpayers with Lowered Foster Care Costs

Posted by Filed under Child Custody or Parental Responsibility, Grandparents Rights, Guardianship, Juvenile Delinquency or Juvenile Dependency.

Children whose parents are unwilling or unable to care for them typically end up in foster care. But there’s often a highly viable alternative.

It’s called kinship care: placement with extended family members, most commonly grandparents. Approximately 350,000 of New York’s children are in kinship care.

New York’s commissioner of Children and Family Services reports that displaced children fare better when placed with relatives than in foster care, with strangers.

The Commissioner spearheaded a statewide “subsidized kinship guardianship program”. The currently $3 million program saves the state considerable funds otherwise expended on traditional foster care.

The current budget funds case management, respite services, support groups, advocacy and legal aid.

But the program’s budget is being shrunk by budget cuts to one-third of its current amount. At the same time that the number of children brought into the program is rising.

What’s wrong with that picture?

Read more in this Albany Times Union editorial: Kinship programs benefit children.

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April 3, 2010

“Army Brat” Dies On-Base From Abuse by Soldier, And Army Denies State Law Duty to Report Child Abuse to Civilian State Child Protective Services

Posted by Filed under Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency, Miscellaneous.

Daughter lives with Father and Stepmother.

Father is in the US army and lives on-base.

Father regularly beats Daughter.

Stepmother regularly beats and whips Daughter.

Stepmother confesses beatings to military Coworkers.

Coworkers report the child abuse to appropriate military personnel.

Military social workers and military police neglect to report suspected child abuse to state child protective services – as required by state law.

Military protocols are also violated.

Daughter dies as a result of abuse.

US army fires base’s highest child abuse official.

Army acknowledges that Daughter’s death could have been avoided by appropriate intervention by military officials.

Mother sues US army for damages.

Military attorneys argue that Army personnel “have no legal duty to report child abuse to civilian authorities” and that therefore Mother is not entitled to damages.

The Court has taken the matter under advisement and will rule at a later date.

In the meantime, Father is charged with murder and could be sentenced to death, if convicted.

Stepmother, having already pleaded guilty, is serving a twenty year sentence.
Read more in this Honolulu KITV 4 TV news article: Attorney: Army Has No Legal Duty To Report Child Abuse.

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March 31, 2010

DUI Arrests Are Fast Track in Florida to Child Abuse or Child Neglect Arrests … But Prosecution of Child-Related Charges is Unlikely

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency.

In cases where drivers are arrested for DUI in Pasco County, Florida and children are in the vehicle at the time of arrest, arresting officers typically also charge the driver with child abuse or child neglect.

In the vast majority of cases, however, even where the arrested driver pleads guilty to DUI, law enforcement typically drops the child abuse and child neglect charges.

Child abuse and child neglect are felonies. Many DUIs are misdemeanors.

The state attorney’s office nearly always maintains that it doesn’t prosecute child abandonment and neglect in these cases because they cannot prove the elements of the crime beyond a reasonable doubt (as required in criminal cases) where the evidence merely supports DUI.

For the child abuse or neglect charge to stick, there must be a “serious risk of person injury or mental injury to the child”.

But even in weaker criminal cases, the arrest is not the end of the issue of child abuse or neglect.

Arresting officers are supposed to call in complaints to Florida’s child abuse hotline. From there, child protective services and child protection investigators can address the child-related issues more thoroughly – and resolve them in juvenile court with a lesser burden of proof than in criminal court.

Read more in this St. Petersburg [Florida] Times article: Child abuse charges are fleeting in Pasco County DUI cases.

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March 11, 2010

An Ounce of Prevention is Worth a Pound of Cure, Especially to At-Risk Children

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency, Miscellaneous.

In Kansas, severe child abuse is on the decline, reportedly largely because of years of “evidence-based prevention strategies” supported by years of generous government funding.

Evidence-based prevention measures include:

  1. home-visitation by social workers to families at high risk of abandonment, abuse or neglect of children
  2. parent support and
  3. education and information on early childhood development

Although these strategies are expensive, they are reportedly seven times less expensive than addressing the abandonment, abuse and neglect of children that would result from not funding these initiatives.

The federal government expends over $100 billion each year due to mistreatment of children.

Home visitation professionals work closely with families in distress to educate parents, assist parents in arranging medical care and direct them to community resources that can help them.

In some ways, these professionals are modern surrogates for longstanding family and friends from whom families may be distanced in our mobile society.

Read more in this Wichita [KS] Eagle article: Prevention effort saves kids, money.

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March 4, 2010

Torture or Discipline?

Posted by Filed under Child Custody or Parental Responsibility, Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency.

Seemingly ordinary California family, if a bit large.

Six biological children.

Three children adopted from Africa.

Homeschooled.

Fundamentalist Christians.

The folks next door.

Until one of their children, 7 years old, dies of cardiac arrest.

And, it turns out, two of their other children have serious injuries and conditions, including kidney failure.

The dead girl mispronounced a word while reading her lesson aloud.

Parents are arrested on charges of murder, felony torture and misdemeanor cruelty to a child. In other words, child abuse.

Children are taken into protective custody by child welfare agency.

Parents have no prior arrests or child protective services investigations records.

Parents allegedly use a punishment device advocated by a well-known Christian fundamentalist couple holding themselves out as child-rearing experts.

Parents have retained separate counsel.

Read more in this Chico [CA] News Review article: Child-abuse case shines light on Paradise couple.

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February 28, 2010

First Physicians are Certified in New Specialty of Child Abuse Pediatrics

Posted by Filed under Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency.

I previously posted about the recently emerging medical specialty of child abuse pediatrics in Progressive? Advanced Study and Training in Child Abuse Emerges.

Since then, physicians have taken the board certification examination and 183 have become the first diplomates in child abuse pediatrics.

The Oklahoma physician who spearheaded recognition of this area of specialization believes this training will cause false allegations to break down and will facilitate building legal cases to address legitimate claims.

Discrediting false allegations keeps sound families intact.

Just in Tulsa County, twelve hundred kids are treated each year for child abuse, with two hundred of them being admitted to hospitals.

In the state of Oklahoma, the annual cost of child abuse and neglect is over $270 million for foster care and medical and psychological treatment.

Nationwide, approximately six million children each year are reported to be abused.

Read more in this Tulsa World article: OU-Tulsa pediatrics educator behind new child-abuse subspecialty.

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February 12, 2010

Court-Martial for Mother or Foster Care for Her Baby?

Posted by Filed under Juvenile Delinquency or Juvenile Dependency, Miscellaneous.

Mother is in the military and is scheduled to be deployed overseas.

Mother arranges for Grandmother to care for Baby during Mother’s deployment.

Grandmother reneges … a few days before Mother’s deployment.

It appears Baby will have to go into foster care if Mother is to deploy as scheduled.

What’s a mother to do?

Mother misses her appointed flight overseas.

After Mother makes other arrangements for Baby’s care, Mother reports for duty.

And, for her trouble, Mother is arrested for dereliction of duty and other charges, and under threat of court-martial and imprisonment.

In the end, the military merely grants Mother an “other-than-honorable” discharge. Mother’s rank is lowered and she is stripped of some of her military benefits.

The military reportedly views Mother as trying to avoid her commitment and not availing herself of alternative options it, presumably, considers adequate for Baby.

In 2009, 10,000 single parents were able to be deployed overseas.

But hundreds, if not thousands, of other single mothers in the military have reportedly been administratively discharged over child care difficulties similar to Mother’s.

Read more in this New York Times article: Single Mother Is Spared Court-Martial.

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