Month: May 2012
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Public listing of state employee salaries
Search for any Florida state employee’s salary here. It doesn’t include the myriad of government folks who get paid by counties, grants, private organizations, etc. (Note: GAL Program salaries are lumped under the JAC.)
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ACLU and NASW File Amicus Briefs on Dual Maternity Case
The ACLU and National Association of Social Workers have filed amicus briefs in the Dual Maternity case. I haven’t read them yet, but they’re available here.
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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,…
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For the Department: A Complete Failure of Proof
It is very difficult to prove X when you only present testimony that not-X is true. S.T. v. DCF, GALP, — So. 3d —-, 2012 WL 1698760 (Fla 2nd DCA 2012).
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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…
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Happy Mothers Day!
This Mothers Day lets also remember that the parties are still briefing the Dual Maternity case in the Florida Supreme Court. The docket is here. My understanding is that the Answer Brief has been filed and will show up soon.
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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…
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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…
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One Reason I Teach
Thanks XKCD… [alt text = “saying ‘what kind of idiot doesn’t know about the Yellowstone supervolcano’ is so much more boring than telling someone about the Yellowstone supervolcano for the first time.”] Same with the law. I get a warm feeling in my heart the first time a student hears a judge scream “I know…
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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…