Supreme Court to examine Indian Child Welfare Act requirements in adoption case

Supreme Court to examine Indian Child Welfare Act requirements in adoption case - The Washington Post:

The Supreme Court added an emotional case to its docket Friday, agreeing to review a lower court’s decision that federal law requires a couple to return the child they cared for since birth to her Native American father.

A court should be particularly cautious about making subjective judgments which aid the conspirators in giving effect to their fraud and as a practical matter ratify the fraud

A court should be particularly cautious about making subjective judgments which aid the conspirators in giving effect to their fraud and as a practical matter ratify the fraud | NJ Family Issues:

Law Lessons from MARGARITA GUZMAN, f/k/a MARGARITA BAUTISTA v. DARIO BAUTISTA, App. Div., A-2617-09T3, June 15, 2011:

It is beyond peradventure that a court may reform a PSA if there is evidence of fraud, overreaching, or other unconscionable conduct by a party. Miller, supra, 160 N.J. at 419; see also, e.g., Guglielmo v. Guglielmo, 253 N.J. Super. 531, 542 (App. Div. 1992) (reforming PSA where attorney representing wife was related to husband and had previously represented him). In Von Pein v. Von Pein, 268 N.J. Super. 7, 15-17 (App. Div. 1993), we set aside a PSA specifically upon demonstration that the husband concealed various investment accounts and did not identify their existence in discovery. It is equally axiomatic that when a party’s claims of fraud are disputed, as they were in this case, a plenary hearing is necessary to “look beyond the four corners of the [PSA],” and resolve the factual disputes. Conforti, supra, 128 N.J. at 327.

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Fraud upon the court is not a tort giving rise to a civil action for damages and trial by jury; it is an equitable remedy that affords relief from a judgment that may be accompanied by imposition of sanctions

Fraud upon the court is not a tort giving rise to a civil action for damages and trial by jury; it is an equitable remedy that affords relief from a judgment that may be accompanied by imposition of sanctions | NJ Family Issues:

Law Lessons from Grinbaum v. Wolf, App. Div., A-4305-09T2, December 9, 2011:

Fraud upon the court is not a tort giving rise to a civil action for damages and trial by jury; it is an equitable remedy that affords relief from a judgment that may be accompanied by imposition of sanctions, such as attorney’s fees, that the judge has inherent authority to award. Triffin v. Automatic Data Processing, Inc., 394 N.J. Super. 237, 251-53 (App. Div. 2007); see also Triffin v. Automatic Data Processing, Inc., 411 N.J. Super. 292, 309-11 (App. Div. 2010).

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Governor LePage of Maine CPS Lover

LePage wants to add teeth to Maine’s child abuse reporting law — Politics — Bangor Daily News — BDN Maine:

AUGUSTA, Maine — Gov. Paul LePage has his eye on Maine’s law that obligates professionals who are in regular contact with children to alert state child welfare officials when they suspect child abuse or neglect.

California Appeals Court Overturns Rape Conviction, Rules State Law Doesn't Protect Unmarried Women

California Appeals Court Overturns Rape Conviction, Rules State Law Doesn't Protect Unmarried Women:

LOS ANGELES — A California appeals court overturned the rape conviction of a man who authorities say pretended to be a sleeping woman's boyfriend before initiating intercourse, ruling that an arcane law from 1872 doesn't protect unmarried women in such cases.

Federal Child Maltreatment Prevention Policy in 2012

Federal Child Maltreatment Prevention Policy in 2012 | The Children's Monitor:

Several champions in both chambers of Congress continued to educate themselves and the public about child maltreatment, how we can prevent it and how to help children and families heal in 2012. Through the House Congressional Caucus on Foster Youth and the Senate Foster Youth Caucus, bi-partisan leaders held speaker series and listening tours throughout the year. At the year’s end, the caucus leaders successfully passed the Uninterrupted Scholars Act (S. 3472) which will work to improve educational outcomes for students in foster care.

In 2012, CWLA started tracking some proposed prevention legislation by these and other defenders of children that, unfortunately and like the majority of bills, never gained traction in committee or the larger legislative bodies. The Help Separated Families Act (HR 6128) was reintroduced this session to address the separation of families as a result of immigration enforcement. Ensuring Child Care for Working Families Act of 2012 (HR 5188) would make the child care subsidy an entitlement for working families with incomes below 200% of poverty. A bill to support research, prevention, and public awareness of Fetal Alcohol Spectrum Disorder (FASD), the Advancing FASD Research, Prevention, and Services Act (S. 2262) was also introduced. In addition, Congressional responses to the Jerry Sandusky child sexual abuse case continued into 2012, with the introduction of bills like the Helping Schools Protect Our Children Act of 2012 (S. 3173) and the National Child Protection Training Act (S. 3653/HR. 6629). These bills followed several others that were proposed more immediately after news of the tragedy in late 2011.

Towards the end of 2012, passage for several bills looked promising. Late in December, the House passed the Protect Our Kids Act (HR 6655) on a bi-partisan vote of 330-77. Early in 2013, the Senate voted by unanimous consent to send it to the President. That bill establishes a Presidential Commission to study child deaths. It also appeared that several controversial provisions of Violence Against Women Act (VAWA) reauthorization would be sorted through for passage. However, opposition to fully including immigrants, tribal members and LGBTQ victims and survivors remained a roadblock and reauthorizationefforts continue into the next session. Finally, the farm bill, which includes the SNAP food assistance entitlement, was a part of the year end fiscal cliff bill (HR 8). SNAP is now extended for 9 months into the new year.

In 2012, the President’s Administration acted to further the prevention of child abuse and neglect. At the beginning of the year, they announced a new rule to make it easier for undocumented immigrants who are related to a U.S. citizen to seek legal U.S. residency. The proposal would allow spouses and children of U.S. citizens to stay in the United States while the government decides whether to issue a waiver, significantly shortening the time families are separated. Additionally, many grants from child welfare specific legislation were tailored to meet socio-emotional and well-being needs of children in and at risk of entering the child welfare system. The Administration also funded a second round of Early Learning Challenge Fund grants out of the Race to the Top incentive fund. ELCF is an effort to improve the quality of early childhood systems and align them with K-12 and higher education systems. The administration also announced another round of awards for home visiting grants, authorized by the 2010 Patient Protection and Affordable Care Act (P.L. 111-148). Home visiting is an evidence-based intervention that prevents maltreatment and provides parent education, support and service and community linkages.

Anticipating a 2013 with continued budget debates, it’s critical to let the administration and Congress hear our support for prioritizing the prevention of child abuse and neglect. Stay tuned to the Children’s Monitors for updates on federal action and ways you can help make children and families a national priority.

Northland couple’s foster care license revoked amid concerns about alcohol use, gunfire

Northland couple’s foster care license revoked amid concerns about alcohol use, gunfire | Duluth News Tribune | Duluth, Minnesota:

A Bovey couple’s child foster care license has been revoked after investigators determined the husband neglected a foster child while under the influence of alcohol, provided alcohol to a minor and fired a gun out the back door of their house while he was drunk.

Note: But you don't have to be perfect to be a Foster parent! ( but you do to be a Bio Parent!)