Coun 150 – Laws Relating to Children Richard M. Cartier Class 8

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Presentation transcript:

Coun 150 – Laws Relating to Children Richard M. Cartier Class 8 Foster Care Coun 150 – Laws Relating to Children Richard M. Cartier Class 8

Child Protective Services Responsibilities No duty to intervene Limited tort liability (immunity) Systemic problems Inadequate resources -- $ / staff / programs “Secrecy” Wrongful removal

Reunification or Termination The “reasonable efforts” requirement The Adoption and Safe Families Act of 1997 Requires states to terminate parental rights if the child cannot be returned home Terminating parental rights

More on termination . . . Due Process protections for parents Grounds for termination Presumptive grounds for termination

Foster Care Temporary foster placements Approximately 400,000 children Licensed private homes Group homes or institutions Kinship care Approximately 400,000 children Aging out of foster care

Significant Cases DeShaney Smith v. OFFER See Tort Liability – p. 182

Criminal Abuse & Neglect Criminal v. Civil Enforcement – 199 Abuse, Neglect & Endangerment – 203 Sexual Abuse – 214 Prospective restraints on the offender Child Pornography – 248

After termination Long term foster care Guardianship Adoption