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Separated at Adoption: Addressing the Challenges of Maintaining Sibling-Of-Origin Bonds in Post-Adoption Families
Scholarly Commons @ UNLV Boyd Law Scholarly Works Faculty Scholarship Winter 2015 Separated at Adoption: Addressing the Challenges of Maintaining Sibling-of-Origin Bonds in Post-adoption Families Rebecca L. Scharf University of Nevada, Las Vegas -- William S. Boyd School of Law Follow this and additional works at: https://scholars.law.unlv.edu/facpub Part of the Constitutional Law Commons, Family Law Commons, Juvenile Law Commons, and the Law and Psychology Commons Recommended Citation Scharf, Rebecca L., "Separated at Adoption: Addressing the Challenges of Maintaining Sibling-of-Origin Bonds in Post-adoption Families" (2015). Scholarly Works. 928. https://scholars.law.unlv.edu/facpub/928 This Article is brought to you by the Scholarly Commons @ UNLV Boyd Law, an institutional repository administered by the Wiener-Rogers Law Library at the William S. Boyd School of Law. For more information, please contact [email protected]. Separated at Adoption: Addressing the Challenges of Maintaining Sibling-of-Origin Bonds in Post- adoption Families REBECCA L. SCHARF* *Associate Professor of Law, William S. Boyd School of Law, University of Nevada, Las Vegas. B.A., Brandeis University, 1988. J.D., Harvard Law School, 1991. Thank you to Dean Dan Hamilton and the administration of the William S. Boyd School of Law for its tremendous support. Thanks as well to Mary Berkheiser, Jennifer Carr, Nancy Rapoport, and Karen Sneddon. I would also like to thank participants in the Rocky Mountain Junior Scholars Forum for their feedback on early drafts. 84 Winter 2015 SeparatedAt Adoption 85 I. Introduction Throughout the United States, for thousands of children languishing in foster care, adoption can seem like an unattainable fantasy; for the lucky few who are adopted, however, reality sets in when they first learn that their adoption has an unimaginable consequence. -
Placement of Children with Relatives
STATE STATUTES Current Through January 2018 WHAT’S INSIDE Placement of Children With Giving preference to relatives for out-of-home Relatives placements When a child is removed from the home and placed Approving relative in out-of-home care, relatives are the preferred placements resource because this placement type maintains the child’s connections with his or her family. In fact, in Placement of siblings order for states to receive federal payments for foster care and adoption assistance, federal law under title Adoption by relatives IV-E of the Social Security Act requires that they Summaries of state laws “consider giving preference to an adult relative over a nonrelated caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant state child protection standards.”1 Title To find statute information for a IV-E further requires all states2 operating a title particular state, IV-E program to exercise due diligence to identify go to and provide notice to all grandparents, all parents of a sibling of the child, where such parent has legal https://www.childwelfare. gov/topics/systemwide/ custody of the sibling, and other adult relatives of the laws-policies/state/. child (including any other adult relatives suggested by the parents) that (1) the child has been or is being removed from the custody of his or her parents, (2) the options the relative has to participate in the care and placement of the child, and (3) the requirements to become a foster parent to the child.3 1 42 U.S.C. -
Where Do Black Children Belong, the Politics of Race Matching in Adoption
University of Pennsylvania Law Review FOUNDED 1852 Formerly American Law Register VOL. 139 MAY 1991 No. 5 ARTICLES WHERE DO BLACK CHILDREN BELONG? THE POLITICS OF RACE MATCHING IN ADOPTION ELIZABETH BARTHOLETt TABLE OF CONTENTS I. EARLY FRAGMENTS FROM ONE TRANSRACIAL ADOPTION STORY ............................. 1164 t Professor of Law, Harvard Law School. I am grateful to the many family members, friends, and colleagues who gave generously of their time reading and commenting on previous drafts. Special thanks go to: Anita Allen, Laura Armand, Robert Bennett, David Chambers, Nancy Dowd, Derek DuBois, Gerald Frug, MaryJoe FrugJoan Hollinger, Michael Meltsner, Frank Michelman, Martha Minow, Robert Mnookin, Alan Stone, Deborah Stone, Gerald Torres, Harriet Trop, and Ciba Vaughan. I am also indebted to those professionals and scholars in the adoption field whose names are listed infra note 50, who helped illuminate for me the nature of current racial matching policies and their impact on children. An abbreviated version of this Article will appear in a chapter of a forthcoming book by the author on adoption, reproductive technology, and surrogacy, with the working title of ChildrenBy Choice, to be published by Houghton Mifflin. (1163) 1164 UNIVERSITY OFPENNSYLVANIA LAW REVIEW [Vol. 139:1163 II. THE HISTORY ............................... 1174 III. CURRENT RACIAL MATCHING POLICIES ............. 1183 A. A Picture of the Matching Process at Work .......... 1186 B. The Proverbial Tip of the Iceberg-Of Written Rules and Documented Cases ....................... 1189 1. Laws, Regulations, and Policy Guidelines Mandating Consideration of Race in the Placement Decision ..................... 1189 2. Cases Documenting the Removal of Black Children from White Foster Families to Prevent Transracial Adoption ............. -
OPEN VS. CLOSED ADOPTION Social Work and Jewish Law Perspectives
OPEN VS. CLOSED ADOPTION Social Work and Jewish Law Perspectives MOSHE A. BLEICH, MSW, CSW Social Worker, Madeleine Borg Community Services, Jewish Board of Family and Childrens Services, New York Adoption involves a process of severing ties with a biological family and creating new ones with an adopting family. Closed adoption is designed to eradicate those ties completely and to allow a child to live as if he or she were the natural child of the adoptive parent Open adoption prevents that suppression of the original ties. Adopted children are increasingly seeking access to their genealogical history. Jewish tradition does not sanction the suppression of parental identity. The result is a strong bias in favor of open adoption. Religious teaching governing conduct between men and women underscores the distinction between natural and adoptive families. For purposes of effective therapy, those cultural factors must be recognized in assessing problems and may also be harnessed in effecting a positive therapeutic outcome. OPEN VERSUS CLOSED ADOPTION legal rights equal to those of natural children. As a corollary, adoptive parents felt that they T^he institution of adoption, of voluntarily should exercise total control over the welfare A raising a child of other parents as one's of the adopted child and that the child's ties own, has existed since antiquity. In relatively to his biological parents should be severed. modern times, in the late nineteenth and early This line of argument complements Ryburn's twentieth centuries as adoption procedures analysis (1990, p. 21) that adoption legisla were developed in the United States, it be tion was designed to achieve a legal fiction, came common practice to seal adoption an attempt to extinguish all ties to birth records. -
Transracial Adoption and Gentrification: an Essay on Race, Power, Family, and Community Twila L
Boston College Third World Law Journal Volume 26 Issue 1 Black Children and Their Families in the 21st Article 4 Century: Surviving the American Nightmare or Living the American Dream? 1-1-2006 Transracial Adoption and Gentrification: An Essay on Race, Power, Family, and Community Twila L. Perry [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/twlj Part of the Civil Rights and Discrimination Commons, Family Law Commons, and the Land Use Planning Commons Recommended Citation Twila L. Perry, Transracial Adoption and Gentrification: An Essay on Race, Power, Family, and Community, 26 B.C. Third World L.J. 25 (2006), http://lawdigitalcommons.bc.edu/twlj/vol26/ iss1/4 This Symposium Article is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Third World Law Journal by an authorized administrator of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. TRANSRACIAL ADOPTION AND GENTRIFICATION: AN ESSAY ON RACE, POWER, FAMILY AND COMMUNITY Twila L. Perry* Abstract: In this article, Professor Perry ªnds common ground between the two seemingly disparate contexts of transracial adoption and gentriª- cation. Professor Perry argues that both transracial adoption and gen- triªcation represent contexts in which, in the future, there may be increasing competition for limited resources. In the former case, the limited resource is the healthy Black newborn. In the later, it is desirable, affordable housing in the centers of our cities. After explaining how a competition between Blacks and whites over Black newborns could arise, Professor Perry argues that in any such competition, Blacks will increas- ingly ªnd themselves at a disadvantage stemming from the consequences of institutionalized racism. -
A Study of Muslim Economic Thinking in the 11Th A.H
Munich Personal RePEc Archive A study of Muslim economic thinking in the 11th A.H. / 17th C.E. century Islahi, Abdul Azim Islamic Economics Institute, King Abdulaziz University, Jeddah, KSA 2009 Online at https://mpra.ub.uni-muenchen.de/75431/ MPRA Paper No. 75431, posted 06 Dec 2016 02:55 UTC Abdul Azim Islahi Islamic Economics Research Center King Abdulaziz University Scientific Publising Centre King Abdulaziz University P.O. Box 80200, Jeddah, 21589 Kingdom of Saudi Arabia FOREWORD There are numerous works on the history of Islamic economic thought. But almost all researches come to an end in 9th AH/15th CE century. We hardly find a reference to the economic ideas of Muslim scholars who lived in the 16th or 17th century, in works dealing with the history of Islamic economic thought. The period after the 9th/15th century remained largely unexplored. Dr. Islahi has ventured to investigate the periods after the 9th/15th century. He has already completed a study on Muslim economic thinking and institutions in the 10th/16th century (2009). In the mean time, he carried out the study on Muslim economic thinking during the 11th/17th century, which is now in your hand. As the author would like to note, it is only a sketch of the economic ideas in the period under study and a research initiative. It covers the sources available in Arabic, with a focus on the heartland of Islam. There is a need to explore Muslim economic ideas in works written in Persian, Turkish and other languages, as the importance of these languages increased in later periods. -
Your Decision: Suggestions for Birthmothers Considering an Adoption Plan Megan Lindsey
Your Decision: Suggestions for Birthmothers Considering an Adoption Plan Megan Lindsey Introduction Is Adoption For Me? Facing an unintended pregnancy has the There are many questions to consider when facing potential to leave women1 or couples frightened an unintended pregnancy. Below are some of and confused. If you are facing an unintended the different questions birthmothers ask about pregnancy, you deserve accurate information adoption, and some resources to help you better about all of your options, compassionate support, understand the adoption process as you consider and the space to make your own decisions. The whether it is the right option for you. information presented here is intended to help Whose Decision Is it to Make you understand the option of adoption, help an Adoption Plan? you consider whether adoption is for you, and provide some suggestions that will help to ensure The decision to make an adoption plan belongs a positive experience should you choose to make to you—the birthparents. While support systems an adoption plan. consisting of family members and friends can be helpful and important to help you think things What is Adoption? through, ultimately the decision belongs only to the birthparents. Both the birthmother and If you make an adoption plan, you are deciding birthfather have the right to be involved in this that someone else will parent your child after he important decision. Birthfathers have the right to or she is born. Adoption is the legal process by be notified if a child has been conceived and an which all parental rights and responsibilities are adoption plan is being made. -
Trans-Racial Foster Care and Adoption: Issues and Realities (Pdf)
2013 massachusetts family impact seminar Trans-Racial Foster Care and Adoption: Issues and Realities by fern Johnson, ph.D., with the assistance of stacie Mickelson and Mariana lopez Davila Trans-racial adoption (TRA), the adoption of children of one race by parents of another, has grown rapidly since the middle of the 20th century, but this adoption option remains controversial [1]. In the state system through which children move from foster care to adoption, there are more white parents who want to adopt than there are white children waiting for homes, and children of color are less likely than white children to be placed in a permanent home. Legislative efforts to amend these discrepancies by promoting TRA have not significantly improved placement statistics. This report describes the positions of advocates on both sides of the TRA debate and explores methods for increasing the number of permanent placements of children into loving stable homes. DeMograpHiC anD proCESS perspeCtiVes on FOSTER Care anD aDoption who are the children waiting for homes and families? massachusetts court data for 2008 indicate that 2,272 children were adopted in the state, with approximately one-third (712) of these adoptions occurring through the public agency system [2]. in fy 2011, the number of public agency adoptions in the state was 724 [3]. in 2011, more than 7,000 children under the age of 18 were in the adoption placement system in massachusetts; 5,700 were in foster care and the rest in other arrangements, including group homes [4]. adoption was a goal for 32% (2,368) of these children. -
The Multiethnic Placement Act Minorities in Foster Care and Adoption
U.S. COMMISSION ON CIVIL RIGHTS The Multiethnic Placement Act Minorities in Foster Care and Adoption BRIEFING REPORT U.S. COMMISSION ON CIVIL RIGHTS Washington, DC 20425 Visit us on the Web: www.usccr.gov J U LY 2 0 1 0 U . S . Commission on Civil Rights ME M BE rs OF thE Commission The U.S. Commission on Civil Rights is an independent, Gerald A. Reynolds, Chairman bipartisan agency established by Congress in 1957. It is Abigail Thernstrom, Vice Chair directed to: Todd Gaziano • Investigate complaints alleging that citizens are being Gail Heriot deprived of their right to vote by reason of their race, color, Peter N. Kirsanow religion, sex, age, disability, or national origin, or by reason Arlan D. Melendez of fraudulent practices. Ashley L. Taylor, Jr. • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution Michael Yaki because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. Martin Dannenfelser, Staff Director • Appraise federal laws and policies with respect to discrimination or denial of equal protection of the laws U.S. Commission on Civil Rights because of race, color, religion, sex, age, disability, or 624 Ninth Street, NW national origin, or in the administration of justice. Washington, DC 20425 • Serve as a national clearinghouse for information in respect to discrimination or denial of equal protection of the laws (202) 376-8128 voice because of race, color, religion, sex, age, disability, or (202) 376-8116 TTY national origin. www.usccr.gov • Submit reports, findings, and recommendations to the President and Congress. -
New Developer Sought for Post Office Project on September 4Th, the Principal of Wilder Balter Advised the Township That He Would
2014 ISSUE IV: FALL - The Maplewood Leaflet New Developer Sought for Post Office Project The Township of Maplewood is seeking a new developer for the Post Office Redevelopment Project on Maplewood Avenue. Earlier this month, the previously designated developers, L&M Development Partners and Wilder Balter Partners, withdrew from the project. On September 4th, the principal of Wilder Balter advised the Township that he would no longer be involved in the project. He cited as reasons his recovery from a serious medical condition and Kings Supermarket’s decision not to become the anchor tenant in the new building. The Township and L&M then discussed various options to keep the project moving forward. On September 18th, L&M informed the Township it was withdrawing from the project. During the next two weeks, the Township will interview four developers who expressed interest in the project and have a record of successful redevelopment in Maplewood and nearby towns. The Township has informed these prospective developers that the project must be built in accordance with the redevelopment plan and building designs already approved by the Maplewood Village Alliance. The Township Committee may designate one of these developers for exclusive negotiations at its October 7th meeting. The Township Committee extended the lease of the post office until February 2015. At that time the post office will move to its new location at 195 Maplewood Avenue. Rahway River Flood Control Project Maplewood is a member of the Mayors’ Council setup to address repeated, catastrophic flooding along the Rahway River. On September 10th, Deputy Mayor, Kathleen Leventhal represented Maplewood in meetings with our Congressional representatives and the US Army Corps of Engineers on Capitol Hill. -
Pediatric Services Directory
NewYork-Presbyterian Phyllis and David Komansky Center for Children’s Health Pediatric Services Directory nyp.org/komansky 2017 Your guide to children’s health professionals komansky2017_Layout 1 4/25/2017 9:26 AM Page 1 Welcome! NewYork-Presbyterian Phyllis and David Komansky Center for Children’s Health is a full-service, multidisciplinary “children’s hospital within a hospital” affiliated with Weill Cornell Medicine, one of the top-ranked clinical and medical research centers in the country. NewYork-Presbyterian Hospital ranks in more pediatric specialties than any other New York metro area hospital in U.S. News & World Report's “Best Children's Hospitals”-- and ranks number one in New York City. NYP/Komansky Center and Weill Cornell Medicine provide comprehensive care in pediatric emergency medicine, neonatology, pediatric critical care, and the full range of medical and surgical subspecialties for children, from newborns to adolescents. Our experienced and skilled physicians, surgeons, nurses, physician- assistants, child life specialists, social workers, dietitians, counselors, and other healthcare professionals manage routine and complex medical conditions, while addressing the psychological and family issues that accompany childhood illness. Our areas of expertise include: Allergy & Immunology Neuroradiology Anesthesiology Neurosurgery Cardiology Neonatology/Newborn Medicine Cardiothoracic Surgery Obesity and Nutrition Child Development Ophthalmology Craniofacial Surgery Orthopedics Critical Care Medicine Otolaryngology (ENT) Dentistry Perinatal Medicine Dermatology Psychiatry, Child and Adolescent Emergency Medicine Psychology, Child and Adolescent Endocrinology Pulmonology Gastroenterology Radiology Genetics Rehabilitation Gynecology, Adolescent Rheumatology Hematology and Oncology Transplantation Infectious Diseases Sleep Medicine Nephrology Surgery, General Neurology Urology Ped nyp.org/komansky 1 komansky2017_Layout 1 4/25/2017 9:26 AM Page 2 nter is owing Table of Contents Table of Contents . -
The Way Forward Project Report
The Way Forward Project Report The Congressional Coalition on Adoption Institute is a nonprofit, nonpartisan organization dedicated to raising awareness about the millions of children around the world in need of permanent, safe, and loving homes and to eliminating the barriers that hinder these children from realizing their basic right of a family. The Way Forward Project Report November 2011 November 2011 the way Congressional Coalition on Adoption Institute 311 Massachusetts Avenue, N.E. | Washington, D.C. 20002 forward project (p) 202.544.8500 | (f) 202.544.8501 | [email protected] The Way Forward Project Acknowledgments The Congressional Coalition on Adoption Institute (CCAI) acknowledges with gratitude the work of the following individuals on The Way Forward Project Report: Section Drafting and Compilation Working Group Chairs: Jean Geran Julie Rosicky Lorraine Sherr Kathleen Strottman Along with each of The Way Forward Project’s Working Group Participants Country Narrative Appendix written by Candace Little Editors Nicole Callahan Kathleen Strottman CCAI would like to acknowledge: Rebecca Weichhand Editing Assistant Irene Mendez Works Referenced and Consulted Susan Anamier Report Design Allison Cappa The Way Forward Project Website Design for their generous support of The Way Forward Project Tom Merrihew and CCAI’s overall mission. www.thewayforwardproject.org A project of this magnitude would not be possible without the support of many individuals to whom CCAI would also like to express our gratitude: Ambassador Susan Jacobs Tsegaye Berhe Secretary of State Hillary Clinton Stephen Adongo Senator Mary Landrieu Samuel Tushabe Senator Amy Klobuchar Harry Satumba Representative Karen Bass James Kaboggozza Pastor Rick Warren Stephen Ucembe Robert Clay Jeff Ladenson Nyanja Nzabamwita Brodin Renee Demarco Dr.