Judge Griffin in the Fifth: 39.806(1)(j) Makes No Sense

Judge Griffin dissented in part from a TPR appeal to point out the lunacy of section 39.806(1)(j): I am unable to concur in the decision to remand for removal of the termination under Section 39.806(1)(j), Florida Statutes (2011). That section was added to the list of grounds for termination of parental rights in 2008, and, […]

9th Circuit Rules CAPTA GAL Requirement Not Privately Enforceable

As the district court observed, Nevada does have a law directing state courts to appoint a guardian ad litem for every eligible child. See Nev. Rev. Stat. § 432B.500(1) (“After a petition is filed that a child is in need of protection . . . the court shall appoint a guardian ad litem for the child.”). But courts do not […]

Second DCA En Banc Clarifies TPR Nexus Requirement, Concurrence Dissects LRM

The Second DCA issued an incredible en banc opinion yesterday, clarifying its nexus requirements for TPR of siblings. In re Z.C., — So.3d —-, 2012 WL 1605425 (Fla. 2nd DCA). Authored by Chief Judge Silberman (joined by seven other judges), the opinion holds: DCF argues that the nexus test applied by this court is something different […]

Interesting Law Review Articles on Child Welfare

I’m about a year behind on law reviews, but here are some recent articles of interest. I’ll get to my backlog later. Sedating Forgotten Children: How Unnecessary Psychotropic Medication Endangers Foster Children’s Rights and Health  Matthew M. Cummings 32 B.C. J.L. & Soc. Just. 357 Boston College Journal of Law & Social Justice Spring, 2012 […]

SIJ Status Granted on Abandonment

These opinions can be difficult to find, so I’m copying the lengthy relevant language here: Finally, USCIS will consent to a grant of SIJ classification upon a determination that the request is bona fide. See Section 101(a)(27)(J)(iii) of the Act; TVPRA – SIJ Provisions Memo at 3. The director questioned the juvenile court’s finding of abandonment based on evidence […]