Child Protection and Adoption Chapter 16

Kaplan University Final Exam Prep What is a pendente lite motion? What are “cooling off” periods? What are interrogatories and who can they be served on? With regard to alimony, when will a court order an examination of one of the parties? What are depositions and where are they conducted?

Kaplan University Final Exam Prep What is a motion for disclosure of assets and when would it be used? Can a court modify pendente lite orders? Will a court validate a separation agreement before a divorce is final? How is a separation agreement modified or enforced?

Kaplan University Final Exam Prep Can lay witnesses testify at trial? Who is the first witness at a divorce trial? Are property divisions and lump sum alimony modifiable? What happens if a spouse waives alimony? Will a court modify child support and child custody and if so what test is used?

Kaplan University Final Exam Prep What is the UCCJA and the UCCJEA, and which came first? What is the PKPA and how does it help people? What is a motion for contempt and when is it used? What is the Fugitive Felon Act?

Kaplan University Final Exam Prep Are child support arrearages modifiable? Are visitation orders modifiable? Is the separation agreement still a contract once it merges with the divorce decree? Can the parties extend child support beyond the age of the child’s majority? What are requests for admissions?

Kaplan University Final Exam Prep Do divorces have to be fault based? What are mandatory reporting laws? What is the effect of a decree of adoption (new parental relationship/severe original one) What is the test or standard before parental rights can be involuntarily terminated for unfitness?

Kaplan University Final Exam Prep What is the Child Protection Agency? Is a court hearing needed to terminate parental rights if the parent consents? What is a court order? What is the financial disclosure affidavit? What is a subpoena? What did Tropea v. Tropea stand for?

Kaplan University Final Exam Prep What is forum shopping? What is contested v. uncontested? What is “parens patriae?” When do public agency adoptions occur? What is a default divorce? What is the “substantial change in circumstances” test?

Kaplan University Final Exam Prep Presumption in cases of relocation for good faith motive… What are home visits in agency adoptions? How do you define adoption? What is a restraining order? Review what happens when a child protection worker investigates abuse. What are motion days?

Kaplan University Child Protection State must balance family integrity with protecting children An intact family does not guarantee child safety: – Physical or mental abuse – Neglect of essential needs Nutritional Health Educational Shelter Sanitation clothing

Kaplan University In Parens Patriae State’s right to intervene in family matters Child Protection agencies Mandatory reporters (required to report abuse or neglect) include school & medical personnel Hot lines permit anonymous complaints, typically from: – Neighbors – Relatives

Kaplan University Investigation of Complaints Visit the family Observations, interviews – Substantiated – intervention – Unsubstantiated – no intervention, but report remains on file

Kaplan University Service Agreement May assign treatment worker to assist in the home – Improper care issue, not intentional abuse – Can be corrected with assistance & monitoring Enter into an agreement Parents must sign (assent) Worker monitors compliance

Kaplan University Agreement Lists required action, e.g., – Maintain children’s health care – Seek treatment for parental substance abuse – Work out budget to provide necessaries – Obtain aid in providing: Food Clothing Shelter Heat, etc.

Kaplan University Temporary Custody Children in imminent danger of harm Worker reports to supervisor Receives authorization to apply for a temporary custody order Removes children from dangerous environment Places them in temporary foster care

Kaplan University The Hearing Child Protection agency has an attorney to make the case that the children are in danger Children have a GAL or attorney to represent their interests Parents are afforded due process – Notice of action – Opportunity to present their side at a hearing – Legal assistance may be provided

Kaplan University Reunification The ultimate goal is to reunite the family and create a safe home environment Courts may order specific requirements to be met before the children can be returned (specific steps or expectations) These may include: – Substance abuse treatment – Parenting classes, domestic violence or anger management counseling

Kaplan University Other Specific Steps Parents may need to: – Provide adequate housing – Find employment or complete job training – End criminal activities & comply with probation or parole terms Successful completion of the reunification plan will result in a hearing designed to end the state’s custody

Kaplan University Failure to Complete Plan Objectives State will set a review date (usually 1 year), and require proof that the plan objectives have been met Failure can result in: – Extension (with a showing of good progress) – Ending the reunification effort Guardianship to a relative Long-term foster care Terminating parental rights and seeking adoption placement

Kaplan University Termination of Parental Rights Severs the legal bond between parent & child May be of both or just one parent Will lose rights & duties: – Support – Inheritance – Decision-making: Health Education Welfare of the child

Kaplan University Voluntary Termination of Parental Rights Parent consents to court termination Court proceeding ends all legal rights Judge must, prior to termination: – Confirm the parent wishes to have parental rights terminated – Determine the consent is voluntary – Describe the rights that will be terminated – Determine the adequacy of legal representation

Kaplan University Involuntary Termination Child Protection Agency files a petition Describes the statutory grounds for the termination – Absence of a parent/child relationship – Failure of the parent to comply with the reunification agreement Requires Clear & Convincing evidence (well beyond preponderance)

Kaplan University The Child’s Best Interest Beyond the statutory grounds, the termination must be in the child’s best interest Has there been adequate time for completion of the reunification plan? Would the child be better off remaining in temporary care, with reunification still possible? Does postponing the termination put the child in “limbo”, unable to be placed permanently?

Kaplan University Adoption Legal proceeding that inserts a biologically unrelated child into a family The relationship is, for the most part, artificially consanguine

Kaplan University Agency Adoptions Public agencies – May be a branch of the child protection agency – Child is already under the custody of the state – Children have been in care for the duration of the reunification plan – Children may have “bonded” with long-term foster parents, who may be able to adopt them

Kaplan University Private Agencies Licensed by the state People seeking to adopt register with agencies, and undergo examination – Physical & emotional environment – Home studies to determine the appropriateness of the “match” Initial placement is monitored before an adoption petition can be filed A favorable evaluation will result in permanent placement of the child in the home

Kaplan University Private Adoptions Arranged directly between biological & adopting parents No agency involvement Attorneys & physicians are frequently involved in the placement Will still require home studies & monitoring of the placement before finalization

Kaplan University Stepparent Adoption Spouse of the custodial parent adopts children Non-custodial parent relinquishes parental rights – Gives up decision-making rights – Loses obligation to pay child support Compared to other adoptions, a stream-lined process

Kaplan University Consent The custodial parent/spouse must consent to the adoption The adoption will not affect his/her parental rights The non-custodial parent must also consent Objections may be over-ridden: – Willful failure to pay child support (1 year) – Abandonment (no contact for 1 year) – Abuse or neglect of the child – Requirements vary from state to state

Kaplan University Process Petition filed in appropriate court Notice given to all concerned parties, particularly the non-custodial parent who will lose parental rights Child Support Enforcement Agency needs to confirm lack of support, if that is the basis for waiving the need for consent

Kaplan University Child’s Best Interest Child should be consulted about his/her feelings in the matter Is there still a relationship with the non- custodial parent? May require written consent of an older child in some jurisdictions

Kaplan University Second Parent Adoptions Where same sex couples are married (or, in California, are Domestic Partners), spouses or partners may use same process as stepparent adoption In states where couples are not legally recognized, the approaches vary

Kaplan University Gay Adoption Single gay parents may adopt as individuals in many states – Although both partners may be psychological parents or care-givers, some states will only recognize one mother or one father – Other states permit “second mother” or “second father” adoptions, insuring parent/child relationships continue even if the couple separates

Kaplan University Open Adoptions The biological and adoptive parents (and sometimes the children) know each other’s identity, and may have continuing contact May provide background information about health & cultural heritage May be agency adoptions, or independent, or even “informal” – Friends or relatives assume parental responsibility for children whose parents are not positioned to do so (frequently too young)

Kaplan University Open Adoptions, cont. May be through agency, with actual identity masked, but pertinent information released to both parties There may be on-going communication: – Annual pictures – Letters, phone calls, s – In-person visits Despite contact, the biological parent has no further parental rights once the adoption is final

Kaplan University Paralegal Role Drafting open adoption agreements, pursuant to the laws of the state May review agreements submitted May set up simple guidelines for permissible communication for use after adoption

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