News & Developments

 

Kansas Supreme Court Rules that Juveniles Have a Right to a Jury Trial

Saying the Kansas Juvenile Justice Code has become “more akin to an adult prosecution,” the state Supreme Court today ruled 6-1 that juveniles have a constitutional right to a jury trial.

NC Court Rules on Use of Foster Children’s Social Security Benefits

The North Carolina Court of Appeals ruled that the state does not have the legal authority to divert the Social Security benefits of foster children to reimburse itself for the cost of their foster care when it is not in the best interest of the children.

President Signs Loan Forgiveness Bill Advocated by ABA

President George W. Bush recently signed H.R. 2669, the College Cost Reduction and Access Act of 2007, into law. Among the provisions of the law is the income-based repayment program for public service, for which the ABA has strongly advocated for several years. Under the program, borrowers of student loans who are working in qualified public service would repay loans at an affordable percentage of their income and, after 10 years of service, would have the balance of their loans cancelled.

Mentally ill children to get help at home: Judge approves plan to bolster state services

Rosie D v Romney: In January 2006, the U.S. District Court ruled in favor of the plaintiffs, a class of Medicaid-eligible children suffering from serious emotional disturbances, finding that the Commonwealth of Massachusetts had violated the federal Medicaid statute.  After this decision, the parties engaged in negotiations in order to craft an appropriate remedy but, after being unable to reach an agreement, the parties submitted to the Court separate proposed remedial plans.  Late last week, Judge Ponsor ruled that the Court will adopt the Commonwealth's proposed remedial plan.

Dignity in Schools Project

The Education Subcommittee of the Children’s Rights Litigation Committee has formed a work group to explore the widespread and growing problem of “pushout”—the removal of children from school via open and hidden institutional policies. Recognizing that students and families must renew and deepen their commitment to the educational process and lifelong learning, the work group will explore ways to shift the focus in disciplinary matters from children and families to a perspective that respects the child’s right to education. The work group will advocate for child-centered, dignified reform in schools to keep children in school. Too many children are being denied their right to an education because school districts have been unable or are unwilling to develop policies that uphold children’s dignity and that treat the child’s right to education with the respect it deserves. Through its “Dignity in Schools Project,” the Subcommittee and Committee hope to expose systemic problems in American school systems and to provide concrete solutions to improve the collective response to school discipline issues.

Child and Family Services Improvement Act of 2006

President Bush signed the Child and Family Services Improvement Act of 2006 on September 28, 2006.  The Act reauthorizes and makes changes to the Promoting Safe and Stable Families program; authorizes grants to States to administer their child welfare agencies to prevent and address child abuse and neglect; reauthorizes the Mentoring Children of Prisoners program; and reauthorizes the Court Improvement Program. The Act requires states to implement a policy providing monthly visits to children in foster care, and a requirement for foster care proceedings to include age-appropriate consultation with the child concerning placement decisions.

High Attorney Caseloads Compromise Quality Representation for Children

A national survey of lawyers representing children in abuse and neglect cases has found that unmanageable and at times overwhelming caseloads are preventing attorneys from doing the work necessary to protect their clients from harm.Released by the Fordham University's Interdisciplinary Center for Family and Child Advocacy, in collaboration with the American Bar Association Center on Children and the Law and the National Association of Counsel for Children, the study surveyed more than 200 lawyers from across the U.S. and found that more than 40 percent of all respondents have more than 100 cases at a time, only 30 percent of respondents are supported by trained social workers to help them advocate for their clients, and less than one-half of the lawyers have use of investigators to assist them in their cases. Read the full report, including policy recommendations that address the caseload crisis.

ABA President's Youth At Risk Initiative

ABA President Karen Mathis has chosen Youth at Risk as one of her signature projects for the 2006-07 year. The project has several focuses including better hearing of the voices of youth in court, assisting youth who are aging out of care, and reforming the status offender process among others. To read more about the initiative including a list of recommendations visit the ABA President's Youth At Risk Initiative site.

Information Memorandum

Read the Information Memorandum released by the Administration for Children and Families concerning implementation of the Safe and Timely Interstate Placement of Foster Children Act of 2006, Pub. L. No 109-239.

Information concerning the 2006 Adoption Subsidy Rates is now available.

Federal IDEA Regulations Become Final on October 13, 2006

The US Department of Education has issued final regulations under the latest reauthorization of the Individuals with Disabilities in Education Act. Published in the Federal Register on August 14, 2006, the regulations become effective October 13, 2006. Both the IDEA and the 4½-year-old No Child Left Behind Act require states to take a sophisticated approach in improving the achievement of students with disabilities, Secretary of Education Margaret Spellings said on August 3, 2006.

Proof of Citizenship for Medicaid Eligibility

Effective July 1, 2006, Public Law No. 109-171 Deficit Reduction Act of 2005 Section 6036 requires individuals to provide satisfactory documentary evidence of citizenship or nationality when initially applying for Medicaid or at a recipient’s first Medicaid re-determination. Although Title IV–E children receiving Medicaid are not required to declare citizenship for IV–E purposes, their Medicaid file must contain (1) a declaration of citizenship or satisfactory immigration status and (2) documentary evidence of the citizenship or satisfactory immigration status claimed on the declaration. Advocates representing immigrant children should be aware of this new requirement and proactively assure compliance where necessary to assure the provision of appropriate medical and mental health related services.

Child Protection and Safety Act Signed into Law

The Adam Walsh Child Protection and Safety Act of 2006, H.R. 4472 has been signed into law. Among other things, the Act requires child welfare agencies to complete background checks, including the National Crime Information Database and state child abuse registries, before approval of any foster or adoptive placement, regardless of whether foster care maintenance payments or adoption assistance payments are to be made on behalf of the child. In addition to vetting prospective foster and adoptive parents, all other adults living in the home must be cleared. States may no longer opt out of these requirements. The law becomes effective October 1, 2006.

New Uniform Act Concerning the Representation of Children Approved

The National Conference of Commissioners on Uniform State Laws has approved the Uniform Representation of Children in Abuse, Neglect, and Custody Proceedings Act. The Act now goes to the ABA for approval, after which it will be submitted for adoption in every state.

Congress passes the Safe and Timely Interstate Placement of Foster Children Act of 2006

On July 3, 2006, President Bush signed into law the H.R. 5403, the Safe and Timely Interstate Placement of Foster Children Act of 2006. The new law encourages and rewards states that quickly place foster and adopted children into homes across state lines. Interstate placements presently take an average of one year longer than placements within a single state, delaying the safe placement of thousands of foster and adopted children nationwide.

Major provisions of the law:

• Establish a 60 day federal deadline for completing interstate home studies. Through September 30, 2008, however, states can have 75 days if, among other things, they document circumstances beyond their control that prevented the home study from being completed in 60 days.
• Authorize incentive payments of $1,500 for each interstate home study that a state completes in 30 days, up to a total of $10 million per year nationwide for these incentive payments.
• Encourage, for children who will not be reunified with their parents, identification and consideration of in-state and out-of-state placement options as part of currently required permanency planning activities.
• Require courts to notify any foster parents, pre-adoptive parents, and relative care givers of a child in foster care of any court proceeding to be held concerning the child and strengthen the right of these individuals to be heard at permanency planning proceedings.
• Require states to give children aging out of foster care a free copy of their health and education record.