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Objective: SWBAT evaluate the ways in which government laws and regulations impact the American family. Do Now: 1) Write a list of the people in your “family”

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Presentation on theme: "Objective: SWBAT evaluate the ways in which government laws and regulations impact the American family. Do Now: 1) Write a list of the people in your “family”"— Presentation transcript:

1 Objective: SWBAT evaluate the ways in which government laws and regulations impact the American family. Do Now: 1) Write a list of the people in your “family” 2) Write a list of all ways in which laws impact your family life. How does the government “regulate” what goes on in your home or with your family members?

2 Family Law

3 Chapter 30 - Law & the American Family Laws affect Americans from birth to death Births are registered, children get SS #s Required immunizations Schooling Laws for children/teens vs. adults Marriage, Divorce, Custody Property Medical issues Maternity and family leave Death and Wills

4 What is a Family? How would you define “family”? Do you think the government should have a role in defining a family? There used to be laws against interracial marriage Defense of Marriage Act (1996) declares states do not have to recognize same sex unions from other states (DOMA has been subsequently struck down by the SC) What are the rules governing adoption? Page 374 Problem 30.4 – do you agree or disagree with proposed “laws” regarding families?

5 Ch 31 Marriage Legal Marriages must follow certain steps: Blood test – some states require physical exam Marriage license Waiting period Wedding ceremony Considerations when getting married Money, children, sexual relations, religious beliefs, ethnic/racial background, common interests, faithfulness, relations with family members, age difference

6 Legal Aspects of Marriage Age (16 for women, 18 for men….parental consent) Relationship (can’t be closely related) Two People (polygamy illegal) Man and woman (this is controversial) Consent (both must agree) To end marriage Annulment (declaring marriage never existed) – age, bigamy, fraud, lack of consent Divorce (ends valid marriage) Some states recognize “common law marriages”

7 Financial Issues Separate property –what each enters the marriage with Marital property – what is acquired during marriage EXCEPT individual gifts Community property – everything that is acquired during marriage equally belongs to each Equitable distribution – property split based on contribution, ownership rights, obligations, etc.

8 Decisions in a Marriage Prenuptial agreement – sets forth rights & responsibilities in event of divorce Name change Support (equal responsibility for children, finances) Privileged communications – can’t be forced to disclose information on spouse Inheritance – estate goes to souse unless stated otherwise

9 Other Marriage Issues Abuse – women often do not report/testify due to fear, financial considerations, ethnic pressures, sense of duty Palimony - $ paid to an unwed partner Same sex partners – legally recognized in VT in 2001, other states since.

10 Activities Loving v. Virginia Case, Pg 378 Human Rights Question, Pg 381 The Model v. The Football Player, Pg 392

11 Ch 32 – Parents and Children SWBAT – explain the laws impacting ; parents, children and family responsibility. Do Now: What are your parents’ responsibilities? What MUST they do for you? What would you LIKE for them to do for you?

12 Responsibilities Between Parents and Children Parents must provide basic necessities of life (food, shelter, medical care, clothing, education) Provide for children’s social and moral development Control and supervise children’s behavior

13 Paternity tests – men can be forced financially support children Emancipation – legal responsibility ends at age 18, when they get married or enter military or get legally “emancipated”

14 Family Responsibilities Do you think children should be responsible to care for elderly parents? (family responsibility laws) Education – children must attend school ages 7-16 (or be home schooled) Truant – missing school without justification; parent is responsible Medical care – parents Must provide child proper medical care or they are guilty of neglect Care and Supervision – parents decide what is best, as long as there is no abuse or neglect

15 Family Responsibilities Discipline – parents have right & duty to supervise, children legally required to follow rules (unreasonable rules are illegal….children who continually disobey are considered “status” offenders) Parental Responsibility – should parents be legally responsible for acts of their children? Earnings & Employment – parents have right to take children’s money from work but not inheritance or legal settlements

16 Division of Children & Families http://www.state.nj.us/dcf/ Statistics on Children in NJ: http://www.cwla.org/wp- content/uploads/2015/06/2015-State-Fact-Sheet- New-Jersey.pdf http://www.cwla.org/wp- content/uploads/2015/06/2015-State-Fact-Sheet- New-Jersey.pdf

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18 Child Abuse and Neglect Abuse - Parent inflicts or threatens to inflict intentional physical, emotional or sexual harm on a child. Neglect – failure to properly feed, clothe, shelter, educate, supervise or tend to medical needs of a child. Can lead to truancy, breaking law or suicide attempts Sexual Abuse – reports on the rise in recent years Page 405 – Problem 32.9

19 Objective: Page 413 – Adoption Records Hearing – read and answer questions Do Now: SWBAT summarize the issues relating to foster care and adoption, and make decisions in adoption cases. Chapter 33 – Foster Care & Adoption

20 Temporary Legal Guardian – state takes over in event of death, abuse, neglect Family foster care – people who act as temporary parents for children Group homes – several children in foster care Kinship care – with relative Fosters can adopt if parental rights are terminated Adoption – adult(s) become legal parents of a child

21 Adoption Adoption is a legal process, most people are eligible Most arranged by public or private adoption agencies Consent of parents is usually required (sometimes consent of the child is required) Temporary order is granted, then a new birth certificate issued

22 Surrogates Surrogate – carries a child for another (legal contract) Recent case (woman insisted on carrying child parents wanted terminated) Page 412– Scarpetta v. Adoption Agency; take position on Opinion A or B, write arguments on board

23 Objective: SWBAT explain reasons for divorce and issues of child custody arising from the end of a marriage. Do Now:. Do you think divorces are too easy or too difficult to obtain? What do you think may help to reduce the divorce rate in the U.S.? Chapter 34 – Separation & Divorce

24 Marriage problems – for what reasons might a marriage fall apart? Separation – still married but living apart Divorce – legal end to marriage Reasons – adultery, desertion, mental or physical cruelty, insanity No fault – no need to prove wrongdoing Issues of property distribution & children arise with divorce

25 Custody More than 25% of children live with single parents Some parents granted full custody, others given visitation Joint custody – both make decisions and have responsibility Tender years doctrine – assumption young children should be with mother (courts now required to look at men and women equally) BEST INTEREST of child determine custody

26 Alimony, Property Division & Child Support Census Bureau statistics show women suffer financial hardship with divorce, men’s finances improve Alimony – spousal support paid to support someone after divorce Child Support – to take care of child, states have clear formulas, based on income, expenses, etc. (to age 18 or longer if agreed upon) Step parents – can seek visitation in case of divorce, can adopt with consent

27 Chapter 35 – Government Support for Families & Individuals Should the government be responsible to support families and individuals? Why or why not? Objective: Do Now: SWBAT identify ways in which the government assists women and children in need and determine the merits of the programs.

28 Since the Great Depression, Congress has passed laws to provide benefits to millions of Americans Government spends over $300 billion on social programs Social Security Retirement benefits Disability benefits Survivor’s benefits Supplemental Security Income – money for needy elderly, blind and disabled people Chapter 35 – Government Support for Families & Individuals

29 TANF (Temporary Assistance to Needy Families) – changed welfare laws, made it stricter Food Stamps – requirements & benefits the same in all states; EBT cards effective 2002 Earned Income Tax Credit – to low income families Tax Credits for Children – for 2 worker families for child care Housing Assistance and Mortgage Interest Deduction

30 Health Benefits Medicare – for elderly Medicaid – for poor and disabled Educational Benefits Elementary and Secondary Public Schools – for all Head Start and Early Head Start – for young children in low-income families Grants – college aid for eligible students (don’t repay) Federal Work Study – jobs to students who are needy Loans – subsidized for needy, unsubsidized for anyone


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