Ocean County judge accused of making sexual advances at party | The Asbury Park Press NJ | APP.com:
TRENTON — An Ocean County Family Court judge is accused of inappropriately touching multiple female probation officers and making sexually suggestive remarks to the women at a holiday party in Toms River more than a year ago, according to a formal complaint filed last week.
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Wednesday, January 25, 2012
Del. lawmakers consider resolution for feasibility study of opening Family Court proceedings
Del. lawmakers consider resolution for feasibility study of opening Family Court proceedings | The Republic:
DOVER, Del. — State lawmakers are considering whether to order a study of the feasibility of opening Family Court proceedings to the public.
DOVER, Del. — State lawmakers are considering whether to order a study of the feasibility of opening Family Court proceedings to the public.
Norway NRI custody row: How did the kids end up in foster care?
Norway NRI custody row: How did the kids end up in foster care? - www.daily.bhaskar.com:
New Delhi: Norwegian parents Anurup and Sagorika Bhattacharya have gathered large support from people across the globe. The Indian government and several social groups in Norway are advocating their cause – to bring their kids back to their ‘original home’.
New Delhi: Norwegian parents Anurup and Sagorika Bhattacharya have gathered large support from people across the globe. The Indian government and several social groups in Norway are advocating their cause – to bring their kids back to their ‘original home’.
Immigrant Children Face Uncertain Futures, Foster Care
Immigrant Children Face Uncertain Futures, Foster Care:
WASHINGTON -- More than 5,000 children of immigrants are languishing in state foster care nationwide because their parents were living in the United States illegally and were detained or deported by federal immigration authorities.
WASHINGTON -- More than 5,000 children of immigrants are languishing in state foster care nationwide because their parents were living in the United States illegally and were detained or deported by federal immigration authorities.
Grounds for Involuntary Termination of Parental Rights
Grounds for Involuntary Termination of Parental Rights:
Series: State Statutes
Author(s): Child Welfare Information Gateway
Year Published: 2010
Current through February 2010
This brief introduction summarizes how States address this topic in statute. To access the statutes for a specific State or territory, visit the State Statutes Search.
Every State, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes providing for the termination of parental rights by a court. Termination of parental rights ends the legal parent-child relationship. Once the relationship has been terminated, the child is legally free to be placed for adoption, with the objective of securing a more stable, permanent family environment that can meet the child's long-term parenting needs.
Termination may be voluntary or involuntary. Birth parents who wish to place their children for adoption may voluntarily relinquish their rights.1 When addressing whether parental rights should be terminated involuntarily, most States require that a court:
Determine, by clear and convincing evidence, that the parent is unfit2
Determine whether severing the parent-child relationship is in the child's best interest
Grounds for Termination of Parental Rights
The grounds for involuntary termination of parental rights are specific circumstances under which the child cannot safely be returned home because of risk of harm by the parent or the inability of the parent to provide for the child's basic needs. Each State is responsible for establishing its own statutory grounds, and these vary by State.
The most common statutory grounds for determining parental unfitness include:
Severe or chronic abuse or neglect
Abuse or neglect of other children in the household
Abandonment
Long-term mental illness or deficiency of the parent(s)
Long-term alcohol- or drug-induced incapacity of the parent(s)
Failure to support or maintain contact with the child
Involuntary termination of the rights of the parent to another child
The above factors become grounds for terminating parental rights when reasonable efforts by the State to prevent out-of-home placement or to achieve reunification of the family after placement have failed to correct the conditions and/or parental behaviors that led to State intervention.3
Another common ground for termination is a felony conviction of the parent(s) for a crime of violence against the child or another family member, or a conviction for any felony when the term of incarceration is so long as to have a negative impact on the child, and the only available provision of care for the child is foster care.
The Adoption and Safe Families Act (ASFA) requires State agencies to file a petition to terminate parental rights, with certain exceptions, when:4
A child has been in foster care for 15 of the most recent 22 months.
A court has determined:
A child to be an abandoned infant
That the parent has committed murder or voluntary manslaughter of another child of the parent; aided, abetted, attempted, conspired, or solicited to commit such a murder or voluntary manslaughter; or committed a felony assault that resulted in serious bodily injury to the child or another child of the parent
In response to ASFA, many States have adopted limits to the maximum amount of time a child can spend in foster care before termination proceedings can be initiated. Typically, States have adopted the ASFA standard of 15 out of the most recent 22 months in care. Some States, however, specify shorter time limits, particularly for very young children.
Exceptions
While State laws require that proceedings to terminate parental rights be initiated when statutory grounds are met, approximately 28 States and the District of Columbia5 provide for exceptions under some circumstances, including one or more of the following:
The child has been placed under the care of a relative.
The State agency has documented in the case plan a compelling reason to believe that terminating the parent's rights is not in the best interests of the child.
The parent has not been provided with the services required by the service plan for reunification of the parent with the child.
Effects of Termination
A termination action can sever the rights of one parent without affecting the rights of the other parent. If the rights of both parents are terminated, the State assumes legal custody of the child along with the responsibility for finalizing a permanent placement for the child, either through adoption or guardianship, within a reasonable amount of time.
In approximately eight States, if a permanent placement has not been achieved within a specific timeframe, a petition may be filed with the court requesting reinstatement of the parent's rights.6 If the court determines that the parent is now able to provide a safe home for the child, the request may be granted.
To access the statutes for a specific State or territory, visit the State Statutes Search.
1 For State-by-State details on voluntary relinquishment, see Information Gateway publication Consent to Adoption at www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm. Back
2 The U.S. Supreme Court, in Santosky v. Kramer (455 U.S. § 745 (1982)), set the standard of proof in termination of parental rights proceedings at clear and convincing evidence. Back
3 For more information on the reasonable efforts requirement, see Information Gateway's Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children at www.childwelfare.gov/systemwide/laws_policies/statutes/reunify.cfm. Back
4 ASFA (P.L. 105-89) amended title IV-E of the Social Security Act, which establishes guidelines that States must comply with as a condition for receiving Federal funds. Back
5 The word approximately is used to stress the fact that States frequently amend their laws. This information is current only through February 2010. The States that currently provide for these exceptions include Alabama, Alaska, California, Colorado, Connecticut, Florida, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oregon, Tennessee, Utah, Vermont, Washington, West Virginia, and Wyoming. Back
6 In Alaska, a parent who has voluntarily relinquished rights may petition (Alaska Stat.§ 47.10.089). In California, after 3 years, a child who is age 12 or older may petition (Welf. & Inst. Code § 366.26(i)). In Hawaii, after 1 year, if the child is age 14 or older, the child's guardian ad litem or attorney or State Department may petition (Rev. Stat. § 587A-34). In Illinois, after 3 years, the Department of Children and Family Services may petition when the child is age 13 or older (§ 705 ILCS 405/2-34). In Louisiana, if the child is in foster care and older than age 15, the child's counsel or the department may file a motion (Ch. Code art. 1051). In Nevada, the child or the legal guardian of a child who has not been adopted and is not likely to be adopted may petition (Rev. Stat. § 128.170). In Oklahoma, a child who is age 15 or older may petition if he or she has not achieved permanency within 3 years (Ann. Stat. tit. 10A, § 1-4-909).In Washington, after 3 years, a child who is age 12 or older may petition (Rev. Code § 13.34.215). Back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
Series: State Statutes
Author(s): Child Welfare Information Gateway
Year Published: 2010
Current through February 2010
This brief introduction summarizes how States address this topic in statute. To access the statutes for a specific State or territory, visit the State Statutes Search.
Every State, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands have statutes providing for the termination of parental rights by a court. Termination of parental rights ends the legal parent-child relationship. Once the relationship has been terminated, the child is legally free to be placed for adoption, with the objective of securing a more stable, permanent family environment that can meet the child's long-term parenting needs.
Termination may be voluntary or involuntary. Birth parents who wish to place their children for adoption may voluntarily relinquish their rights.1 When addressing whether parental rights should be terminated involuntarily, most States require that a court:
Determine, by clear and convincing evidence, that the parent is unfit2
Determine whether severing the parent-child relationship is in the child's best interest
Grounds for Termination of Parental Rights
The grounds for involuntary termination of parental rights are specific circumstances under which the child cannot safely be returned home because of risk of harm by the parent or the inability of the parent to provide for the child's basic needs. Each State is responsible for establishing its own statutory grounds, and these vary by State.
The most common statutory grounds for determining parental unfitness include:
Severe or chronic abuse or neglect
Abuse or neglect of other children in the household
Abandonment
Long-term mental illness or deficiency of the parent(s)
Long-term alcohol- or drug-induced incapacity of the parent(s)
Failure to support or maintain contact with the child
Involuntary termination of the rights of the parent to another child
The above factors become grounds for terminating parental rights when reasonable efforts by the State to prevent out-of-home placement or to achieve reunification of the family after placement have failed to correct the conditions and/or parental behaviors that led to State intervention.3
Another common ground for termination is a felony conviction of the parent(s) for a crime of violence against the child or another family member, or a conviction for any felony when the term of incarceration is so long as to have a negative impact on the child, and the only available provision of care for the child is foster care.
The Adoption and Safe Families Act (ASFA) requires State agencies to file a petition to terminate parental rights, with certain exceptions, when:4
A child has been in foster care for 15 of the most recent 22 months.
A court has determined:
A child to be an abandoned infant
That the parent has committed murder or voluntary manslaughter of another child of the parent; aided, abetted, attempted, conspired, or solicited to commit such a murder or voluntary manslaughter; or committed a felony assault that resulted in serious bodily injury to the child or another child of the parent
In response to ASFA, many States have adopted limits to the maximum amount of time a child can spend in foster care before termination proceedings can be initiated. Typically, States have adopted the ASFA standard of 15 out of the most recent 22 months in care. Some States, however, specify shorter time limits, particularly for very young children.
Exceptions
While State laws require that proceedings to terminate parental rights be initiated when statutory grounds are met, approximately 28 States and the District of Columbia5 provide for exceptions under some circumstances, including one or more of the following:
The child has been placed under the care of a relative.
The State agency has documented in the case plan a compelling reason to believe that terminating the parent's rights is not in the best interests of the child.
The parent has not been provided with the services required by the service plan for reunification of the parent with the child.
Effects of Termination
A termination action can sever the rights of one parent without affecting the rights of the other parent. If the rights of both parents are terminated, the State assumes legal custody of the child along with the responsibility for finalizing a permanent placement for the child, either through adoption or guardianship, within a reasonable amount of time.
In approximately eight States, if a permanent placement has not been achieved within a specific timeframe, a petition may be filed with the court requesting reinstatement of the parent's rights.6 If the court determines that the parent is now able to provide a safe home for the child, the request may be granted.
To access the statutes for a specific State or territory, visit the State Statutes Search.
1 For State-by-State details on voluntary relinquishment, see Information Gateway publication Consent to Adoption at www.childwelfare.gov/systemwide/laws_policies/statutes/consent.cfm. Back
2 The U.S. Supreme Court, in Santosky v. Kramer (455 U.S. § 745 (1982)), set the standard of proof in termination of parental rights proceedings at clear and convincing evidence. Back
3 For more information on the reasonable efforts requirement, see Information Gateway's Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children at www.childwelfare.gov/systemwide/laws_policies/statutes/reunify.cfm. Back
4 ASFA (P.L. 105-89) amended title IV-E of the Social Security Act, which establishes guidelines that States must comply with as a condition for receiving Federal funds. Back
5 The word approximately is used to stress the fact that States frequently amend their laws. This information is current only through February 2010. The States that currently provide for these exceptions include Alabama, Alaska, California, Colorado, Connecticut, Florida, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Oregon, Tennessee, Utah, Vermont, Washington, West Virginia, and Wyoming. Back
6 In Alaska, a parent who has voluntarily relinquished rights may petition (Alaska Stat.§ 47.10.089). In California, after 3 years, a child who is age 12 or older may petition (Welf. & Inst. Code § 366.26(i)). In Hawaii, after 1 year, if the child is age 14 or older, the child's guardian ad litem or attorney or State Department may petition (Rev. Stat. § 587A-34). In Illinois, after 3 years, the Department of Children and Family Services may petition when the child is age 13 or older (§ 705 ILCS 405/2-34). In Louisiana, if the child is in foster care and older than age 15, the child's counsel or the department may file a motion (Ch. Code art. 1051). In Nevada, the child or the legal guardian of a child who has not been adopted and is not likely to be adopted may petition (Rev. Stat. § 128.170). In Oklahoma, a child who is age 15 or older may petition if he or she has not achieved permanency within 3 years (Ann. Stat. tit. 10A, § 1-4-909).In Washington, after 3 years, a child who is age 12 or older may petition (Rev. Code § 13.34.215). Back
This publication is a product of the State Statutes Series prepared by Child Welfare Information Gateway. While every attempt has been made to be as complete as possible, additional information on these topics may be in other sections of a State's code as well as agency regulations, case law, and informal practices and procedures.
This material may be freely reproduced and distributed. However, when doing so, please credit Child Welfare Information Gateway.
Washington-2007 House Bill 1624: Reinstating parental rights
2007 House Bill 1624: Reinstating parental rights for adolescents who are in state care and have not been adopted and providing immunity for department of social and health services representatives - Washington Votes:
Introduced by Rep. Ruth Kagi, (D-Lake Forest Park) (D) on January 24, 2007, to revise and re-enact certain parental rights for juveniles under state care and provide exemption from civil liability for state employees. The bill allows a child an option to petition courts for reinstatement of previously terminated parental rights if certain conditions are achieved. The bill also details other related parental rights issues, including an exemption for state employees that use reasonable care.
Read More:
Introduced by Rep. Ruth Kagi, (D-Lake Forest Park) (D) on January 24, 2007, to revise and re-enact certain parental rights for juveniles under state care and provide exemption from civil liability for state employees. The bill allows a child an option to petition courts for reinstatement of previously terminated parental rights if certain conditions are achieved. The bill also details other related parental rights issues, including an exemption for state employees that use reasonable care.
Read More:
OKDHS - OAC 340:75-1-23.1. Reinstatement of parental rights
OKDHS - OAC 340:75-1-23.1. Reinstatement of parental rights:
Library: Policy
340:75-1-23.1. Reinstatement of parental rights
Issued 3-26-10
(a) Section 1-4-909 of Title 10A of the Oklahoma Statutes provides the ability for a child age 15 years or older, through an application signed by the child and the child's attorney, to request the court reinstate the previously terminated parental rights of his or her parent when:
(1) the child was previously found to be a deprived child;
(2) the parent's rights were terminated in a deprived proceeding; and
(3) the child has not achieved his or her permanency plan within three years of a final order of termination.
(b) If after a preliminary hearing to consider the parent's apparent fitness and interest in reinstatement of parental rights, the court finds by a preponderance of the evidence that the best interests of the child may be served by reinstatement of parental rights, the court orders a hearing on the merits of the motion be held. • 1 The court provides notice of the hearing to the child, the child's attorney, and OKDHS and orders OKDHS or the child's attorney to give notice to the:
(1) former parent of the child whose parental rights are the subject of the application;
(2) current foster parent or relative guardian of the child;
(3) guardian ad litem of the child, if any; and
(4) child's tribe, if applicable.
(c) In determining whether the child has or has not achieved his or her permanency plan, the Child Welfare (CW) worker provides the court information for the court's review related to any efforts to achieve the permanency plan including efforts to achieve adoption or a permanent guardianship on Form 04KI014E, Individualized Service Plan (ISP) Progress Report.
(d) If the court conditionally grants the application for reinstatement of parental rights, the case remains open for six months and a temporary order of reinstatement of parental rights is entered. During this period, the child is placed in the custody of the parent. The CW worker develops a permanency plan for the child reflecting the plan for reunification and provides transition services to the family as appropriate. • 2
INSTRUCTIONS TO STAFF 340:75-1-23.1
Issued 3-26-10
1. Reinstatement of parental rights. Prior to the Child Welfare (CW) worker contacting the child's attorney, the Child Welfare (CW) supervisor consults with the Child Welfare Field Liaison and Children and Family Services Division (CFSD) Permanency Planning Section to obtain approval to proceed when the:
(1) child meets all the requirements as stated in the statute;
(2) child states that he or she wants his or her parental rights reinstated;
(3) CW worker has conducted a home visit with the parent and the parent has expressed a desire to have their parental rights reinstated;
(4) CW worker has completed:
(A) a Child Abuse and Neglect search to determine any recent child abuse and neglect history;
(B) a name-based background check to determine any recent criminal activity;
(C) contact with three personal references of the parent to determine parent's current functioning; and
(D) Form 04KI028E, Family Functional Assessment, to assess current functioning of the parent.
2. Documenting in KIDS. No later than five business days after a parent's parental rights are reinstated, the CW worker contacts the CFSD, Permanency Planning Section for directions in updating KIDS to reflect this change.
Last Updated: 10/20/2011
Library: Policy
340:75-1-23.1. Reinstatement of parental rights
Issued 3-26-10
(a) Section 1-4-909 of Title 10A of the Oklahoma Statutes provides the ability for a child age 15 years or older, through an application signed by the child and the child's attorney, to request the court reinstate the previously terminated parental rights of his or her parent when:
(1) the child was previously found to be a deprived child;
(2) the parent's rights were terminated in a deprived proceeding; and
(3) the child has not achieved his or her permanency plan within three years of a final order of termination.
(b) If after a preliminary hearing to consider the parent's apparent fitness and interest in reinstatement of parental rights, the court finds by a preponderance of the evidence that the best interests of the child may be served by reinstatement of parental rights, the court orders a hearing on the merits of the motion be held. • 1 The court provides notice of the hearing to the child, the child's attorney, and OKDHS and orders OKDHS or the child's attorney to give notice to the:
(1) former parent of the child whose parental rights are the subject of the application;
(2) current foster parent or relative guardian of the child;
(3) guardian ad litem of the child, if any; and
(4) child's tribe, if applicable.
(c) In determining whether the child has or has not achieved his or her permanency plan, the Child Welfare (CW) worker provides the court information for the court's review related to any efforts to achieve the permanency plan including efforts to achieve adoption or a permanent guardianship on Form 04KI014E, Individualized Service Plan (ISP) Progress Report.
(d) If the court conditionally grants the application for reinstatement of parental rights, the case remains open for six months and a temporary order of reinstatement of parental rights is entered. During this period, the child is placed in the custody of the parent. The CW worker develops a permanency plan for the child reflecting the plan for reunification and provides transition services to the family as appropriate. • 2
INSTRUCTIONS TO STAFF 340:75-1-23.1
Issued 3-26-10
1. Reinstatement of parental rights. Prior to the Child Welfare (CW) worker contacting the child's attorney, the Child Welfare (CW) supervisor consults with the Child Welfare Field Liaison and Children and Family Services Division (CFSD) Permanency Planning Section to obtain approval to proceed when the:
(1) child meets all the requirements as stated in the statute;
(2) child states that he or she wants his or her parental rights reinstated;
(3) CW worker has conducted a home visit with the parent and the parent has expressed a desire to have their parental rights reinstated;
(4) CW worker has completed:
(A) a Child Abuse and Neglect search to determine any recent child abuse and neglect history;
(B) a name-based background check to determine any recent criminal activity;
(C) contact with three personal references of the parent to determine parent's current functioning; and
(D) Form 04KI028E, Family Functional Assessment, to assess current functioning of the parent.
2. Documenting in KIDS. No later than five business days after a parent's parental rights are reinstated, the CW worker contacts the CFSD, Permanency Planning Section for directions in updating KIDS to reflect this change.
Last Updated: 10/20/2011
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