The Adoption and Child Welfare Law
Blog
by James Marsh
Reported by:
The National Center for
Adoption Law & Policy
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By: Stephen Morgan
By: PinkNews.co.uk writer
FLORIDA: “Programs help foster kids gain independence
once they turn 18”
By: Kelly Landy
The Haven, a group home for
boys ages 11 to 18 who have been placed in foster care, partnered with
Turtle Nest Village (a West Palm Beach nonprofit organization that helps
former foster care children with housing and provides a life coach for up to
two years) to launch a new program called the “Turning Point” in September,
2005. The Turning Point was created in response to Florida’s Road to
Independence Act of 2002 (an act which forces children to leave foster care
when they turn 18) to help transition foster care children into adulthood
and independence. The Haven requires each boy to work six months before they
turn 18. When the boys leave their program, the Haven will match up to
$1,000 of whatever they save. Turtle Nest Village will find housing for each
person in the Turning Point program and will help with their living
expenses. After the boys have completed 12 months of the Turning Point
Program with Turtle Nest Village, donors will match up to $2,500 of whatever
they have been able to save. The program’s executives hope that their
program will be duplicated in other communities.
South Florida Sun-Sentinel, March 5, 2006
For
Full Article Click Here
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FLORIDA: "Judge Returns Boy to Foster Parents"
By: www.TheLedger.com
A 4-year-old boy was
returned to the foster couple who cared for him before relatives gained
custody. The foster couple who took care of the toddler starting from 16
months after his birth, planned on adopting him in March 2003. They were
awarded custody by the Department of Children & Families in June 2003, when
the boy’s maternal cousin and her husband applied for adoption. The Circuit
Court judge ruled in favor of giving the foster couple custody. An appeals
court upheld that ruling last month. Politicians plan to discuss bills in
the near future, intended to curb moving foster children from one home to
the next.
www.TheLedger.com, March 5, 2006
For
Full Article Click Here
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MISSOURI: “Foster Care System in Dire Need of Parents;
3,000 wait for homes”
By: John Shultz
Children considered
difficult to adopt pose a challenge to the foster care system. In Missouri
alone, approximately 3,000 children are waiting for permanent homes and
stability. However, since the Adoption and Safe Families Act was enacted in
1997 adoptions had risen until they peaked in 2002. Although the number of
adoptions has not continued to follow the trend they have remained steady.
Several programs and subsidies have either been proposed or enacted in an
effort to aid those who are willing to adopt and those who are in need of
adoption.
Kansas City Star, March 4, 2006
For
Full Article Click Here
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INDIA: “International Adoption – Is it Possible To Triumph from Tragedy”
By: Stephen Morgan
MASSACHUSETTS: “Catholic charity members resign over anti gay adoption”
By: PinkNews.co.uk writer
In
Massachusetts, Roman Catholic bishops feel as if state law has trampled on
their religious freedom by forcing Christian agencies to consider gay
households as an option for children available for adoption. In December,
Catholic Charities’ 42-member board had a unanimous vote to maintain their
practice of taking gay couples into consideration as adoptive parents. The
pressure from the Roman Catholic hierarchy has left some board members
feeling as if resignation is their only option.
PinkNews.co.uk (March 3rd, 2006)
OTHER ARTICLES OF INTEREST
|
ADOPTION/Parties to Adoption/Who May Not Adopt FLORIDA: "Will state choose no parents over gay parents?" By Bill Cotterell |
| The current political environment in the state makes it difficult to contemplate abolishing Florida's ban on adoption by homosexuals. However, some legislators are fighting to change a law they feel is based solely on prejudice. The Florida legislators proposing the bill believe that the current law, which bans homosexuals from adopting, does not consider the needs of children who should be able to leave foster care and continue in permanent homes. In the Florida House of Representatives, Rep. Sheri McInvale, D-Orlando, filed a bill (HB 633) asking that judges be allowed to take into account children's best interests in determining foster placement. Meanwhile, Sen. Nan Rich proposed a different bill in the Senate which contains a two-part test. The factors for this bill include 1) whether the child views the petitioning parent as his/her "parental figures" and 2) if permanent placement is better than continuing foster care. Florida currently allows single people to adopt, and there is no guarantee straight couples will provide better care for children than gays. Arguing that the ultimate decision rests with the judge to look at the facts of each case, the legislators advocate putting the child first |
|
Tallahassee Democrat, February 10, 2005 Click HERE for Full Story |
|
ADOPTION/Cultural Issues MASSACHUSETTS: "In adoptive families, siblings sometimes struggle" By: Barbara F. Meltz |
| Cross-cultural adoption can cause a number of strains on children in the already difficult task of raising a family. The Sassamans, a Caucasian family who adopted a two-year-old Chinese girl named May a year ago, have experienced some of the tensions. In trying to preserve May's Chinese heritage, they celebrate the Chinese New Year. They also celebrate the traditions from their own cultures, which include both Irish and German ancestry. As fun as that may be for the younger children, the Sassaman's 16-year-old son is not as enthusiastic about all the attention. In addition to the attention, wanted or not, racism is prevalent, as Kim Stevens, former director of Massachusetts for Families, knows first-hand. She is a Caucasian mother with two biological children and four African-American children. To help deal with criticisms by strangers or relatives, social worker, executive director of the Minnesota Adoption Resource Network, and transracial adoption specialist, Deborah Johnson, advises parents not to ignore or dismiss comments. She advises discussing possible reactions with the children already in the family prior to the adoptee's arrival. Bolstering this view, Susan Caughman, editor of Adoptive Families Magazine, says, "Part of your job is to teach a life skill. How to evaluate people's motives." In addition to encouraging open communication with biological children, Caughman stresses the importance of integrating the new child's culture into the family. |
|
Boston Globe, February 10, 2005 Click HERE for Full Story |
|
FOSTER CARE/State Systems FLORIDA: "New Director Promises Better Foster Care" By Deborah Circelli |
| Ron Zychowski, former local DCF administrator and former executive director of Community Based Care of Seminole County, is the new director of the local foster-care agency, Community Based Care of Volusia and Flagler Counties. Community Based Care entered into a five-year contract with Florida Department of Children & Families to provide child welfare services to about 1,600 children. Zychowski's plan includes more community involvement and less reliance on the DCF for financial backing. Former director, Ray Smith, resigned in December having been given the ultimatum that if Community Based Care didnt make improvements in 2 months, it risked the loss of its $21 million yearly contract. Smith stated the contract between the agency and DCF did not spend enough time on prevention and intervention. Linda Merrell, alliance vice chairwoman, countered that improvements have been made. A foster parent said he hopes more focus will be on deficient services for children. |
|
Daytona Beach News Journal, February 10, 2005 Click HERE for Full Story |
|
FOSTER CARE/State Systems WISCONSIN: "Doyle: Raise foster care stipend; Veteran parents say it would help kids fit in" By Anita Weier |
| Governor Jim Doyle honored Ray and Barb Jones during his budget address for their dedication to helping over 60 foster children since 1984. The governor proposed increasing the monthly stipend, which varies by a child's age, to foster parents by 10% for essentials such as food, clothing, and shelter. Barb Jones commented that the increase would allow children to fit in more with their peers, allowing them to buy stylish clothes or afford to go out to dinner with friends. Doyle also proposed increasing Medicaid coverage for 18- to 21-years olds just recently out of foster care, which would relieve some financial burden on those already having to find their way on their own. In addition to their two biological children, who are now adults, the Jones' adopted two of the foster children they have cared for. |
|
Capital Times Newspaper, February 9, 2005 Click HERE for Full Story |
INTERNATIONAL ADOPTION /Psychological Effects
CONNECTICUT: “For Adopted Children, Risks, and Hope”
By: Sujata Srinivasan
In an effort to discover some of the ramifications of the current rise in cross-cultural adoptions, Dr. Preston A. Britner of the School of Family Studies at the University of Connecticut recently led two contrasting adoption studies. The results of the first, a study in child-parent attachment among 111 severely deprived Romanian children adopted in the United Kingdom, were compared with results of related study, which focused on 52 non-deprived UK child adoptees. As expected, the studies concluded that children suffering from extreme early deprivation were less likely to form secure attachment relationships with their new parents. The feeling of rejection is prevalent in these situations, and the feelings only intensify as children are adopted at older ages. Britner suggests society must do a better job of finding the children permanent placements at a younger age and adoptive parents must strive to understand the birth culture of their child.
The Hartford Courant,
January 23, 2005
Click HERE for full story
OTHER ARTICLES OF INTEREST
Douglas County Court Appointed Special Advocate has teamed up with the Bureau of Land Management and has made progress towards leasing property to build an emergency shelter for the county’s abused and neglected children. Currently, it is most difficult finding homes for children over 12 years old and keeping siblings together. With hopes of raising $500,000, CASA has raised $50,000. The group anticipates donated labor and materials from builders and other organizations as well as fund-raisers to supplement the remaining balance. Due to the scarcity of foster homes in the area, CASA’s coordinator, Linda Cuddy, stated, “The primary objective is to reunite children with their parents. A center in the area would make it easier for parents to have supervised visits.” Not only a refuge, the new center will provide parenting, anger management, drug education, and other programs.
Reno Gazette Journal, January 21, 2005
Click HERE for full story
FOSTER CARE/State System
KANSAS: “New Foster Care Company”
By Mike Marusarz
On July 1, 2005, the Kaw Valley Center will replace Kansas Children’s Services League (KCSL) as manager of the Topeka area foster services. Kaw Valley outbid KCSL for the foster care contract, which will result in a reduced budget for the statewide adoption agency from $55 million to $13.5 million. However, KSCL will continue to work on their Wednesday’s Child program with Lori Hutchinson and Channel 13 News, and by keeping their adoption contract, will retain their status as a prominent agency devoted to the area of child welfare.
WIBW.com Channel 13 News, January 21, 2005
Click HERE for full story
FOSTER CARE/State System
WISCONSIN: “Foster care, adoption center to open by April”
BY: Author Unknown
Wisconsin will soon be home to a statewide facility offering numerous adoption and foster-care resources. The center, set to open by April, will have locations in Milwaukee, Sheboygan, and Eau Claire. A part of Governor Jim Doyle’s KidsFirst initiative, the center will help recruit foster families, aid caseworkers, and provide answers for the myriad of adoption questions posed by foster parents. Adoption Resources of Wisconsin has been selected to run the center for the state.
The Journal Sentinel,
January 23, 2005
Click HERE for full story
Justices reject gay adoption appeal
By: The Associated Press
On Monday, the United States Supreme Court refused to hear an appeal by four homosexual men who challenged Florida’ s state law banning adoption by gay couples. Florida has the only state legislature to enact a law which prohibits adoption of children by homosexual adults. One concern among many in the homosexual community is that other states could now begin to copy the ban against adoption.
Opponents of the law argued that the 1977 law was archaic and unreasonable because it left thousands of the children waiting for adoption without potential parent matches. Supporters of the law contend the state has an interest in the promoting traditional family model of one mother and one father.
The current case before the Supreme Court was filed by 4 gay foster parents who wanted to formerly adopt the foster children who remained in their care. The Organization representing the homosexual parents, the American Civil Liberties Union’s Lesbian and Gay Rights Project, argued that the state law violated the constitutional rights of the parents by singling out gays, based on discrimination.
Florida Gov. Jeb Bush supported the law banning homosexual adoption stating that the children, who often come from “troubled and unstable backgrounds”, should have a family unit consisting of a father and a mother.
In 2003, the 11th U.S. Circuit Court of Appeals, in a three-judge panel, ruled against the foster parents and upheld the state interest of the FL legislature to enact the law. In July 2004, the full court, in a 6-6 vote, refused to re-examine the case.
Florida law currently allows homosexuals to act as foster parents for thousands of Florida children, but does not allow them to become legal, or permanent, parents. In its brief, the Child Welfare League of America urged the Supreme Court to review the state ban on the basis of its discrimination and “defended the parenting abilities of gays.” League attorney Stuart Delery said that “Florida allows singles, divorcees, people which disabilities, and even in some cases convicted criminals to adopt.”
Delery noted that, in fiscal 2002, Florida had more than 8,000 children awaiting adoption, in addition to the 126,000 nationwide. By excluding homosexuals as potential parents, he said, “Florida ensures that many children will never have a family of their own.”
The title of the case is Lofton v. Secretary of the Florida Department of Children and Families, Supreme Court Docket Number 04-478.
MSNBC, January
10, 2005
Click HERE for full
opinion
Click HERE for full opinion from Eleventh Circuit U.S. Court
of Appeals
The National Center for Adoption Law & Policy supported the efforts of the American Civil Liberties Union to Child, Lesbian and Gay Rights Project, and the Child Welfare League of America to promote the position that the best interest of the child should guide all decisions related to child placement and custody. Had the U.S. Supreme Court allowed the case, NCALP hoped to participate as Amicus Curiae to present an argument for the constitutional right of the foster child to have a permanent adoptive home, without concern for the sexual orientation of the parent. Every day we work towards realizing the goal that all children -- especially those who have been abused or neglected or are dependent on the state for their care -- have safe, healthy, permanent homes.
CONSENT REQUIREMENTS/Withdrawal of Consent
Illinois: “Fighting to bring baby home”
By Alex Kellogg and Ofelia Casillas
A
Chicago mother is appealing her consent to the adoption of her infant
daughter claiming she had postpartum depression when she placed her child
for adoption in Utah.
In early December, 2004, Carmen McDonald, 20, relinquished consent of her
daughter, Tamia, to a Cherished Child Adoption Agency, Inc., in Sandy, Utah.
Tamia, is now residing with a prospective adoptive family in Utah. McDonald
filed a 10-page lawsuit in Cook County Circuit Court requesting the court
overturn her consent and seeking at least $50,000 in damages for “extreme
emotional disturbance” against the agency, its director and the child's
prospective adoptive parents. The lawsuit alleges that the adoption agency,
"solicited, induced and enticed" McDonald to give up Tamia.
Experts in adoption law say cases seeking to overturn parental consent and
surrender are rarely upheld without some finding of duress. Most states,
including Utah and Illinois, require adoption officials to counsel birth
parents before legal consent to relinquishment is given. McDonald's claims
that her post-partum depression inhibited her mentally capacity at the time
of the contract might be a basis for voiding consent, Cook County Public
Guardian Robert Harris said. However, after reviewing the case. Janice
Knaphus, a licensing specialist at the Utah Department of Human Services,
"... it appeared to me that the agency had complied with these rules,"
Knaphus said.
Copyright © 2005,
Chicago Tribune, January 11, 2005
Click HERE for full opinion
INTERNATIONAL ADOPTION/Requirements of the Law of Birth Country
American families seeking to adopt children from countries affected by the tsunami will have to wait . . . possibly for a very long time. The State Department, along with several Western European countries, has adopted a no-adoptions policy regarding South Asia, stating that many orphaned children may be claimed by relatives in cultures valuing strong family bonds. “The rest will likely be adopted by families in their native countries or watched over by protective neighbors and friends.”
All of the countries devastated by the tsunami- India, Indonesia, Sri Lanka and Thailand -have strict adoption laws. Muslim countries often strictly control adoption by non-Muslims, if they even allow it at all. According to the State Department, only four Sri Lankan orphans went to U.S. families, 72 Thai children and 472 children from India, were adopted in 2003. China leads the world in U.S. foreign adoptions, allowing 6,859 adoptions.
The State Department put out a statement this week that it won't allow the adoption of tsunami orphans for many months and will do so "only if and when these countries decide to make these orphans available for international adoption." For now, the Indonesian government, along with Sri Lanka and Thailand, forbid the removal of children under age 16 from areas hardest hit by the tsunami following concerns of kidnapping for sex trade.
Taft
Midway Driller, January 10, 2005
Click HERE for full opinion
CRITERIA FOR ADOPTIVE PARENTS/Sexual Orientation
In a historical 7-2 decision , the Israeli Supreme Court ruled that two lesbian women who have been living together for 15 years can legally adopt each other's children. In the last fifteen years, the women, Tal and Avital Yaros-Hakak, have had three children, all through use of a sperm bank. In 1997, the couple petitioned the “Ramat Gan Family Court seeking the right to adopt each other's children and court recognition of their joint parenthood.” The court rejected the adoption petition, but granted each woman guardianship rights to the other's children, a precedent that has now become the norm. In addition, the Supreme Court sent the case back to the family court, instructing the lower court to consider whether adoption would be "for the welfare of the child," as required by law.
Israel
Ministry of Foreign Affairs, January 10, 2005
Click HERE for full opinion
December 22, 2004
ADOPTION REALITY SHOW
CALIFORNIA: “’Daddy’ sires controversy”
By Marisa Guthrie
Adoption
advocates have expressed outrage a new reality show, “Who’s Your Daddy,” due
from Fox in January. The show will feature a woman guessing which of
eight men is her biological father. She will win $100,000 in cash for
choosing correctly. If she is wrong, the imposter she chooses will win the
money. "It's horrible," said Dr. Vincent Berger, executive director of
Adoption Services in Camp Hill, Penn. "Talk about exploitative; they're
making a game out of something that should be very meaningful, very intimate
and very personal." "To all of our critics, I would just say watch the
show," said executive producer Scott Hallock. "People hear Fox. They hear
money and they hear the title, and they think, this is terrible, this is
salacious. If they watch the show, they'll see that it really does have its
heart in the right place."
"Even if a [person]
wants to find their birth family," said Cory Barron, spokesman for
Children's Hope International, "they're still opening up emotional areas
that they may not have known existed. Are they prepared for that? They're
just setting up someone for something that could be very painful."
New York
Daily News,
December
16, 2004
Click Here for News Summary
Click Here to see the
National
Center for Adoption Law & Policy’s press release on “Who’s Your Daddy.”
INTERNATIONAL ADOPTION
RUSSIAN: “Deputies Concerned about Adoption Problems”
|
The number of Russian children adopted by foreigners is five times what it was 10 years ago, while the number of children adopted by Russian nationals reduced twice in the same time period, according to Yekaterina Lakhova, chair of the State Duma committee for women's, family and youth affairs, and member of the United Russia pro-presidential faction. The State Duma therefore introduced amendments to the Family Code to expand adoption possibilities for Russian nationals. "We do not mind the international adoption, however, there are many drawbacks in this sphere," Lakhova noted. Because there currently is no efficient method of controlling the outcomes of Russian children adopted by foreigners, and there are no agreements with the countries where Russian children are most frequently adopted (the United States, Canada, Italy and Spain), “it is necessary to form an effective system of guardianship" Ms. Lakhova emphasized. |
Novosti, Russian News
and Information Agency, December 15, 2004
Click Here for News Summary
|
FOSTER/ADOPTION
SYSTEMS
TENNESSEE: “State makes push for adoption” |
NEW YORK:
“Worker caseloads drop under reform effort at child welfare agency”
By Tom Bell
Although child welfare
case workloads have dropped by almost 10% since the reform of the system
began last July, the numbers are still higher than the targeted goal. Kathi
Way, who is deputy commissioner of the Office of Children's Services,
predicts improvements will continue as plan for reform proceeds. 160 new
caseworkers are being trained now, this will help reduce caseloads when the
new workers begin early next year. "Overall, we're at the very beginning of
implementing the child welfare reform plan," Way said. A federal judge and
a court-appointed panel agreed last week that the state is making progress
under the commitment it made last year to fix DYFS after a lawsuit by a
children's rights group was filed to force reform.
New York
Newsday.com,
December
20, 2004
December 15, 2004
FOSTER/ADOPTION SYSTEMS
GEORGIA: “Judge denies state's request to dismiss foster care suit”
The Associated Press – Atlanta
U.S. District Court Judge Marvin Shoob has refused to dismiss a lawsuit to
force reforms in Georgia's foster care system. "The court finds ample
evidence to create genuine issues for trial," Judge Shoob said in an opinion
issued Saturday. The suit, which was filed in June 2002 on behalf of
nine children and later expanded by Shoob to cover about 3,000 other foster
children as a class action, seeks to compel the state Division of Family and
Children Services in DeKalb and Fulton counties to overhaul its services.
The lawsuit alleges that Georgia's child welfare system fails in its efforts
to reunite children safely with parents and to move children to adoption in
a reasonable length of time. The state had countered that has taken
steps to improve the foster care system and that court-mandated measures
could be make reform more costly.
Access North Georgia.com,
December
14, 2004
Click Here for News Summary
New York:
“City plans foster care overhaul”
By Glenn Thrush
City officials
announced yesterday that New York City will no longer refer kids to poorly
performing private foster care agencies as part of a new effort to downsize
its child welfare system. Commissioner John Mattingly of the
Administration for Children's Services planned to announce some of the
changes on December 14th at a policy conference. However,
according to a source familiar with the plan, the list of agencies to be
eliminated from referrals will not be finalized until January. "We are going
to close or reduce the program size of some low-scoring agencies," the
official said. "The idea is to redistribute cases to other contract agencies
in the same area." According to city statistics, the number of
children living in foster care because of complaints of abuse and neglect
fell from about 50,000 in 1991 to 21,000 this year. Eliminating the
weakest of the 40 city-contracted nonprofit agencies is the best way to scale back the system, according to Andrew
White, editor of Child Welfare Watch.
New York Newsday.com,
December 13, 2004
Click Here for News Summary
OREGON: “New state response team used in foster-care case”
Bend.com news sources
The state's child
welfare Critical Incident Response Team (CIRT) was convened for the first
time on Wednesday in response to the serious injury of a child in foster
care. The CIRT is coordinated through the Oregon Department of Human
Services (DHS), and was an initiative of Gov. Ted Kulongoski. CIRT was
developed to ensure more timely and coordinated responses to critical
incidents of child abuse or neglect. Una Swanson, manager of DHS child
protective services, says that CIRT team members are charged with reviewing
the CIRT case and examining all policy, training, practice and personnel
issues related to the case. “Tough the CIRT process we can identify areas
that need to be improved, strengthened or corrected," said Swanson. "If
there are systems' issues, we can take immediate steps to make changes."
Team members must complete their review and a critical incident report on
the status of the case and their conclusions within 30 days of initiating
the CIRT process.
Bend.com, December 13, 2004
Click Here for News Summary
CALIFORNIA: “Blacks face foster care more:
Study also
says these kids likely to die from abuse, neglect.”
A recent report
has found that black children are much more likely to land in foster care or
die from child abuse or neglect. Although black children make up only
11 percent of San Francisco's young population, they comprise 70 percent of
children in the city foster care system. The study, conducted by a
task force of community leaders, academic researchers and the Department of
Human Services, blames unemployment, poor housing conditions and other
family stresses for the disproportionate number of black kids the foster
care and juvenile justice systems. "Other than poverty, the issue most
correlated with child abuse is isolation," said Daniel Kelly, a principal
analyst with the Human Services Department.
Long Beach News Press-Telegram,
December 10, 2004
Click Here for News Summary
ADOPTION/Who May Adopt
OKLAHOMA: “Judge allows lawsuit challenging adoption law to go forward”
By Richard Green, Associated Press Writer
U.S. District Judge
Robin Cauthron has rule that an Oklahoma law that prohibits the state from
recognizing out-of-state adoptions by same-sex couples may be challenged in
court. The judge issued an order Tuesday allowing a lawsuit filed on
behalf of three homosexual couples to move forward, denying the state’s
motion to dismiss the lawsuit against Gov. Brad Henry and Attorney General
Drew Edmondson be dismissed. Charlie Price, a spokesman for the
attorney general's office, said the office will appeal the ruling to the
10th U.S. Circuit Court of Appeals office. He gave no further comment,
other than that defense attorneys still believe the state is immune from
such lawsuits. The law, signed by Henry in May, was in response to an
opinion issued by Edmondson concluding that the Oklahoma State Department of
Health must issue supplementary birth certificates to children adopted by
same-gender parents. "We are very happy the lawsuit can move ahead," Anne
Magro, one of the plaintiffs, said.
Newsday.com,
December 8,
2004
Click Here for News Summary
ADOPTION/Access to Records
NEW
JERSEY:
“Senate seeks to open state adoption records”
By Terrence
Dopp
Under legislation
approved Monday by the New Jersey state Senate, adoptees would have access
to the names of birth mothers and medical histories. The bill would
change the state's policy of closed records and permit adopted adults access
to "long form" birth certificates, which, unlike standard certificates, list
parents' names and medical histories.
|
|
"The sealed records system
which began secrecy and lies caused far more psychological damage than its
architects ever imagined," said Jane Nast, who is a member of the New Jersey
Coalition for Adoption Reform and Education. Lee A. Allen, a spokesman
for the National Conference For Adoption, disagreed. Nast says the
bill has a potentially dangerous affect for adoption rates in New Jersey.
"If this promise of confidentiality in adoption is removed I think then in
effect you will be taking away the option of adoption for man birth
parents," he said. The law would permit some parents who put children up
for adoption before it was enacted to opt to disclose their identities, but
also allow biological mothers to opt for secrecy. The bill must still
go before the New Jersey Assembly.
NJ.com,
Tuesday,
December 07, 2004
Click Here for News Summary
December 3, 2004
NATIONAL ADOPTION DAY
November was National Adoption Month and courts throughout the country celebrated by finalizing the adoption from foster care of thousands of of kids. These are only a few of the stories:
NATION: “Study Finds Barriers to Finding Homes for Children in Foster Care”
A study conducted by the Urban Institute and released on National Adoption Day identified the top barriers and top promising approaches of foster care adoption in the United States. All 50 states were included in the analysis and among the biggest problem within all of the states was the lack of adoptive families available, especially for older children and children of a minority race. On a better note, most states have begun handling their case management better and made the process of adoption easier in many situations. The National Adoption Day Coalition, which commissioned the report, made suggestions to further improve the adoption process, including suggesting a more active role for the federal government such as grants, coordination between the court systems and the child welfare agencies, and technical assistance from the Child Welfare Resource Centers. Since the number of foster children continues to grow, the process of adoption and child welfare must be adjusted to meet the needs of these children.
PNN Online: November 24, 2004
OHIO: “National Adoption Day Celebrated”
On Nov. 17, 2004, Judge Belskis of Franklin County Court of Common Pleas opened his court to nineteen local adoptions. With a collaborative effort between the Franklin County Children’s Services and the Capital Law School National Center for Adoption Law and Policy nineteen local children who were in foster care were adopted by twelve families. Volunteer attorneys completed a training session at Capital University with experienced local attorney Tom Taneff. Some of the goals of National Adoption Day are to encourage the adoption of children from foster care and build collaboration among local adoption agencies, courts, and advocacy organizations.
The Daily Reporter, November 19. 2004
MICHIGAN: “Adoption Day: Special State Effort Needs More Potential Parents”
Michigan scheduled about 320 adoptions to be finalized on National Adoption Day. Michigan’s effort is considered one of the largest in the country although the actual number seems small. One reason Michigan’s increase in the number of adoptions it has each year is due to the Chief Justice of the Michigan Supreme Court, Maura Corrigan. Justice Corrigan has insisted that adoption cases be placed on A-1 priority in the Michigan Court System. Although Justice Corrigan has managed to cut out some of the red tape in the adoption process the main problem still lies in finding enough families to adopt all of the children in foster care. Michigan hoped that National Adoption Day would inform more people about the availability of adoption and result in finding more homes for foster children.
Detroit Free Press, November 22, 2004
Florida:
“Families reaching out to adopt older children”
By: Deborah Circelli
In 2002 adoptions rose 42% statewide, but most were younger children (under the age of 9). As part of this year’s National Adoption Month, child-welfare officials are making a special effort to let prospective parents know the joys of adopting an older child. One former state adoption specialists, Karin Flozitz, said many parents tend to adopt younger children because they perceive the older children as already experiencing behavioral and school problems. However, community based organizations such as Community Based Care (CBC) and its adoption agencies, Children’s Home Society, Florida United Methodist Children’s Home and Neighbor to Family, help families cope with children who may have emotional problems.
The Miami
Herald, November 28, 2004
Click Here for News Story
The following are additional stories on Adoption Day activities across the country:
AUGUSTA, GEORGIA- Click Here for News Story
MICHIGAN - Click Here for News Story
NEW YORK- Click Here for News Story
FLORIDA - Click Here for News Story
ARIZONA - Click Here for News Story
MASSACHUSETTS - Click Here for News Story
ALABAMA - Click Here for News Story
OTHER RECENT NEWS STORIES
JUVENILE COURT JUDGE LEN EDWARDS HONORED
“Santa Clara County Judge Named William H. Rehnquist Award Recipient”
By: Lorri Montgomery
Santa Clara County California Superior Court Judge Leonard Perry Edwards II was named recipient of the 2004 William H. Rehnquist Award for Judicial Excellence by the National Center for State Courts. This award is presented annually to a state court judge who exemplifies the highest level of judicial excellence, integrity, fairness and professional ethics. President of the National Center stated that “Judge Edwards is one of the most effective and progressive trial judges in America, especially in the area of juvenile and family courts. Judge Edwards stands out, not only for his numerous achievements, but also for his leadership style, which has positively influenced courts in California, the nation, and the world.” Judge Edwards has served nearly 25 years on the Santa Clara County bench with efforts resulting in the juvenile dependency court being designated a national model by the National Council of Juvenile and Family Court Judges. Judge Edwards has implemented model practices such as dependency court mediation, family group conferencing, direct calendaring, and court coordination. In 1999, Judge Edwards established one of the country’s first dependency drug treatment court.
National
Center for State Courts, November 30, 2004
FOSTER/ADOPTION SYSTEMS
TEXAS:
Strayhorn will probe drug use on children
By Polly Ross Hughes
Comptroller Carole
Keeton Strayhorn is investigating potential abuse and fraud in the Texas
foster care system. The investigation is focusing on the 4 million
dollars being spent annually by the foster care system on mind-altering
drugs for children as young as 3 years old. Strayhorn has asked the
Health and Human Services Commission to release Medicaid records detailing
which drugs are being prescribed and who they're being prescribed to.
Strayhorn fears some of the prescriptions may be aimed at making children
more submissive, or worse, may just be a way to line the pockets of uncaring
doctors and pharmaceutical companies. Health and Human Services has
assured Strayhorn they will cooperate with the investigation as long as it
does not interfere with federal privacy laws.
Houston
Chronicle,
November
12, 2004
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MISSISSIPPI: “Foster care suit settlement eyed”
By: Jimmie E. Gates
In March of 2004, New York based Children’s Rights sued the state of Mississippi for the alleged mistreatment and care of foster children in state custody. The State of Mississippi tried to get the case dismissed on several grounds, including the doctrine that the federal judiciary is prohibited from interference in pending state judicial and administrative proceedings. U.S. District Judge Tom S. Lee refused Friday to dismiss the lawsuit. Earlier this year, the U.S. Department of Health and Human Services reported that the state failed to meet standards on abuse of children in foster care and the length of time it took to reunite them with their parents or place them for adoption. State Attorney General Jim Hood is proposing an independent study of the foster care system to determine problems, if any, and what needs to be done.
The
Clarion-Ledger, November 24, 2004
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Arizona:
“Yuma nationally recognized for foster care efforts”
By: Jonathan Athens
Lorena Montgomery, an adoption specialist with Yuma County, recently received an award of excellence by the U.S. Department of Health and Human Services for her excellent work in finding permanent home for children. Montgomery was 1 of 17 people thorough out the U.S. that received the award given in conjunction with National Adoption month in November. In the past two years, Montgomery “has increased adoptions of older youth by placing and finalizing a total of 37 children in permanent adoptive homes, including 14 adolescent youths.”
Yuma Sun,
November 29. 2004
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CALIFORNIA: Foster care role-playing isn't just playacting
By Anita Creamer
Child Protective
Services of Sacramento County recently conducted their twice-annual
Citizen's Academy. The Academy affords community members the
opportunity to observe and take part in various mock scenarios likely to
occur in Sacramento's foster care system. Participants, ranging from
parties with family members actually in the system to just curious citizens,
act out a myriad of roles such as: attorneys, child advocates, family
members, and social workers. The exercise was once again successful in
helping the community realize the complex decisions and varying interests at
play in the foster care system.
The
Sacramento Bee,
Click Here for News Story
CALIFORNIA: At San Pasqual Academy, students who've been shuffled through
the foster care system are finding stability and hope.
By Ed Graney
San Pasqual Academy of
suburban San Diego is succeeding as a wonderful alternative for high school
aged foster children. The 330 acre Academy sits in the mountains of
Escondido providing its 122 students with dorms, cafeterias, classrooms, a
gymnasium, football and baseball fields, a mental health clinic and even
alumni housing. Since its inception in 2001, San Pasqual has provided
these kids a safe, static and structured environment in which they can
flourish. As the only school of its kind, San Pasqual is responding to
its initial successes with plans to expand in the future.
San Diego Union Tribune (online),
November
14, 2004
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MULTI-ETHNIC PLACEMENT ACT
FLORIDA:
“Growing number of white parents adopt black babies”
By: Roberto Santiago
Most private U.S. agencies working with parents from Canada or overseas find that they place mainly black infants, followed by biracial and black Hispanic infants. This year, the U.S. agency, Shepard Care, placed 1/3 of its mixed raced infants in Canada, Germany, France, and Austria. However, recent changes in federal law has made it easier to do cross-racial adoptions. The 1994 Multi-Ethnic Placement Act declared that adoption agencies that receive federal aid could no longer deny placement of a child because of their race. In 1997, the Safe Families Act created financial incentives for states to choose adoption over foster care. Currently, the demand for black or mixed-race babies has grown in the U.S., particularly in Wisconsin, Washington, Illinois, Colorado, Michigan and Minnesota. Last year, Adoption Associates placed 130 babies domestically with 37 of being mixed race babies going to white families.
The Miami
Herald, November 28, 2004
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September 30, 2004
CHILD WELFARE SYSTEMS
Tennessee: “As DCS Comes Under Scrutiny, Lawmakers Question State Officials”
The Department of Children Services (DCS) in Tennessee is being investigated by state lawmakers after 3 separate incidences of child abuse or delinquency. A 13-month old boy, Elijah Cannon, died after 2 reports to the DCS that his caregiver, Nigel Watkins, was abusing the boy. Watkins now faces murder charges. A 12-year old boy was raped by Jeremy Duffer who now faces three counts of child rape. Their relationship was reported to the DCS last year without any result. Lastly, a former DCS foster-care case manager, Catheryn Boles, is charged with delinquency of a minor. DCS blames lack of staff and the distance each worker must travel to cover all of their cases. The latter factor is a result of consolidating the DCS into regions instead of counties. State Senator Thelma Harper is leading the investigation. The investigators personally visited the DCS facilities Sept. 28, 2004, to ask about the recent problems. DCS has five days to report to the Government Operations Committee with suggestions on how the government can prevent these problems in the future.
News 2, WKRN-TV
www.wkrn.com, Sept. 29. 2004
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Wisconsin: “Payment to Foster Parents Proposed to Increase 10%”
The Wisconsin Department of Health and Family Services has proposed a 10% increase in payments to foster parents for the 2005-07 budget, but the payments will still be “among the lowest in the Midwest and the country.” The new budget also calls for changes in the welfare system as a whole. The plan suggests extending medical assistance to teens who are no longer covered under the welfare system due to age, extending safety services to children who are at risk for abuse and neglect, and more federal funds will be geared toward poor Milwaukee foster care children. Lastly, the Bureau of Milwaukee Child Welfare reduced the number of children in out-of-home care by 40%. The money saved will go toward expanding services. This proposed budget will be discussed Oct. 1, 2004, at the Bureau of Milwaukee Child Welfare.
Milwaukee Journal Sentinel, Sept. 27, 2004
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required)
MAINE: “Students in foster care may get help”
The Muskie School of Public Service at the University of Southern Maine is one of 12 national recipients of a grant aimed at easing the transition of young people who “age out” of the foster care system. The need is certainly there, as the statistics demonstrate. Among young people who “age out”, nearly 50% fail to finish high school, 25% become temporarily homeless, and only 20% are economically self-sufficient after leaving the program for four years. In Maine, program participants must be between the ages of 14 and 23, and be in foster care or have been in foster care at age 14 or older. Additionally, participants are required to complete financial-literacy training. Program benefits include a matched saving account used to fund education and housing expenses, as well as other necessities. Further, participants are eligible for “door openers” that put them in touch with employment contacts. The program is funded nationally by the Jim Casey Youth Opportunities Initiative.
Portland Press-Herald Online, Sept. 20, 2004
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ILLINOIS: “Stopping the moving”
A debate is raging in Illinois concerning the future of their foster care system. The disagreement centers on the process used to place foster children. Currently, the children are either placed based on which agency needs to fulfill its contract or based on their agency’s position in the rotation. Critics claim this system results in the state’s 18,500 foster children being moved far too often. Suggested changes to the system include placing all foster homes in one pool and then placing the foster children based on the best fit. Factors to be considered would be the proximity of the prospective foster home to both the current home of the child and the home of any siblings. Another suggestion would place all foster homes in one pool and then reward the agency responsible for recruiting the selected foster home with a “finder’s fee.” The Illinois Department of Children and Family Services defends the placement system, stressing rotation is necessary to keep their “performance contracting” program viable. “Performance contracting” provides a reward to agencies that have the highest rate of permanent adoptive placements. The agencies are evaluated each year and the higher their rate of permanent placement, the more government money they receive. The DCFS claims rotation is necessary to provide all agencies with an equal shot at success. The DCFS also points out that “performance contracting” is being duplicated in numerous areas of the country and has helped account for a 50% reduction in the number of foster children statewide. However, the DCFS acknowledges that some changes are feasible and intends to pump 8 million dollars into the system in order to provide master’s degree clinicians that can more wholly analyze the children and their needs.
Chicago Daily Herald, Sept. 21, 2004
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sevice)
TENNESSEE: “Foster kids need help after they leave
home”
By Judith R. Tackett
The Vanderbilt Child and Family Policy Center is seeking funding to help continue a program that helps transition former foster children into the “real world.” The Center was one of the first sites nationwide to receive $400,000 annually over three years from the Jim Casey Youth Opportunities Initiative. The Opportunity Passport is a main component of the program, providing eligible 18 to 24 year olds with an individual development account, a debit account and “door openers.” Up to $1,000 dollars each year is matched in the participant’s account in an effort to pay for assets such as a home and car. The “door openers” connect the participants with local business contacts. Nearly 800 people “age out” of the Tennessee foster care system each year and this program is essential in smoothing the transition.
Nashville City Paper OnLine, Sept. 22, 2004
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http://www.nashvillecitypaper.com/index.cfm?section_id=9&screen=news&news_id=
9
ADOPTION BENEFITS
Rochester, New York: “Majorities of Heterosexuals Agree Same-Sex Partners Deserve Same Adoption Benefits and Leave Rights Offered By Employers as Married Co-Workers’ Spouses Receive
ROCHESTER, NEW YORK:
“Majorities of Heterosexuals Agree Same-Sex Partners Deserve Same Adoption
Benefits and Leave Rights Offered By Employers as Married Co-Workers’
Spouses Receive The Third Annual Harris Interactive/Witeck-Combs
Communications Out & Equal Workplace Summit survey resulted in 55% of
heterosexuals agreeing that married spouses and same-sex couples should
receive the same counseling and financial adoption benefits and 70% of
heterosexuals agreeing that married spouses and same-sex couples should
receive the same family and medical leave rights. The majority of
heterosexuals also agreed employees’ same-sex partners should receive the
same workplace benefits as heterosexual couples. Out & Equal Workplace, a
non-profit organization that supports the gay, lesbian, bisexual, and
transgender community (GLBT) says this shows people in the workforce are
starting to care more about an individual’s skills than about their sexual
orientation when it comes to fair working environments. The heterosexual
population feels companies should be treating heterosexuals and homosexuals
the same if they expect to stay competitive. Out & Equal Workplace seems to
think that the most successful companies in the future will be the ones who
figure out how to combine this accepting philosophy with their marketplace
strategies.
News and
Information:
www.prnewswire.com, Sept. 28, 2004
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September 22, 2004
ADOPTION/Who May Adopt/Second Parent Adoption/Assisted Reproduction
Texas: “Ruling Could Come Soon in custody Case”
Julie Hobbs was artificially inseminated and gave birth to a little girl on June 6, 1988. At the time she lived with her lesbian partner Kathleen Van Stavern. Van Stavern then successfully adopted the child. In March of this year Hobbs and Stavern ended their relationship and Van Stavern began paying child support. Hobbs now claims the adoption was void and is seeking to prevent Van Stavern from gaining joint custody. Hobbs’ attorney argues the adoption was illegal at the time because adoptive parents must be the spouse of the biological parent and Texas does not recognize same gender marriages. Van Stavern’s attorney argues Hobbs had no standing to challenge the adoption because she advocated it in the first place. Family Court District Judge Janis Yarborough is expected to rule on the joint custody matter this week.
The Daily News, Sept. 22, 2004
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CHILD WELFARE SYSTEMS
MISSOURI: “Child-welfare office acts as bridge.”
By: Matt Wagner
The Governor of Missouri has appointed a child welfare ombudsman to field questions and complaints from disgruntled parents and family members. The Governor created the office in order to deal with failures in the system that most likely brought around the death of a 2-year-old while in foster care. In less than a year, this new office handled 286 complaints about the state’s child-welfare system. The majority of the complaints were from children’s family members, disputing the removal of the child or the placement of the child with people other than relatives. The ombudsman’s office states that the Children’s Division is abiding by the policies and laws that govern it. However, improvements can still be made.
Springfield New-Leader, September 7, 2004
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GEORGIA:
“Georgia must do more to support its foster parents”
By: Staff
Foster parents are needed in Georgia. There are too many children needing a safe place and not enough homes to harbor them. Currently, caseworkers at times become responsible for children without homes available to take them. Siblings are split up, causing further anxiety to an already tense situation. In order to entice more people to sign up as foster families, the state budgets’ per diem for foster parents needs to be increased.
The Gainesville Times, September 5, 2004
TEXAS:
“Expert warns of problems in Texas child welfare system.”
By: AP
Texas is drawing national attention for its child protection issues. The state, which has the largest population of children in the country, is ranked 48th out of 50 states in per capita capital expenditures. Their caseworkers carry more than triple the federal standards of 12-18 cases per caseworker. The number of children whose death was the result of abuse or neglect rose nearly 17 percent in a period of three years. The amount of children living below federal poverty levels is 20 percent. Legislators fear that as a result of Texas’ failure to comply with six out of seven federal standards, fewer federal dollars will find their way to the state. Ironically, those same legislators, while facing a revenue shortage last year, eliminated all of the Prevent Child Abuse Texas agency’s prevention programs.
Denton RC, September 6, 2004
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CONNECTICUT:
“Report Notes Progress at DCF. Critics say agency still has key
flaws.”
By: Colin Poitras
The Connecticut Department of Children and Families, which has been under federal court supervision for 13 years, was given high marks from its federal court monitor for a reduction in workers’ caseloads to satisfactory levels. However, the monitor agrees with the agency’s critics that the continued delay for completing adoptions, sometimes up to four years, is unacceptable. This amount of time leaves foster children in limbo, and some become less likely to be adopted, as their mental and physical health deteriorates. While the monitor acknowledges that the mission of meeting all 22 court-ordered standards by November 2006 will take time and patience, others who are on the front lines are not as understanding. They don’t feel that these children can wait to be removed from an abusive situation.
The Hartford Courant, September 4, 20
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INDIAN CHILD WELFARE ACT
ILLINOIS: “Cherokee Nation in custody dispute.”
By: Steve Silverman
The Indian Child Welfare Act of 1978 established minimum burdens of proof for removing children from their homes and gave tribes the right to intervene in custody disputes. The law helps maintain the culture by keeping the children within the tribe. It came about due to the removal of large members of Indian children from their homes. However, the nation’s second-largest Indian tribe feels that law is being compromised in the case of Laurey Sam’s 6-year-old daughter. Sam was found unfit as a mother, and her mother, who is not a Cherokee, was awarded permanent custody of the child. The Cherokee Nation claims that the law requires that rehabilitative services be offered and have failed before unfitness can be proved and that in this case, that requirement was not met. The case is headed back to the appellate court for the third time.
August 13, 2004
CHILD WELFARE SYSTEMS
INDIANA: “AGENCY:
FSS UPGRADE TO COST $212 MILLION”
In Indiana, the public system to protect the state’s children from abuse and
neglect is working beyond capacity. In order to develop a better
system, hundreds of caseworkers and supervisors would need to be hired at
the Family and Social Services Administration, at a cost of about $45
million. To develop an overall better system would cost the state about $212
million. In Marion County, caseworkers have about 40 cases each;
statewide the average is 35, when 17 should be the average. The state
already has a deficit of about $830 million and it will be difficult for the
legislature to approve the $212 million needed. State Senator Robert L.
Meeks said that the state may have to consider raising sales or income taxes
in order to pay its bills.
South Bend Tribune, Monday August 9, 2004