Section 1: Adoption Overview
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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. -
Adoption Policy
Adoption Policy West Virginia Department of Health and Human Resources Bureau for Children and Families Office of Children and Adult Services Jane McCallister, Director, Children and Adult Services Carla Harper, Program Manager II, Children and Adult Policy Revised September 16, 2015 Contents 1.0 Introduction and Overview ............................................................................................................ 7 1.1 Mission and Vision ........................................................................................................................ 7 1.2 Philosophy ..................................................................................................................................... 8 1.3 Legal/Regulatory Basis .................................................................................................................. 8 2.0 Definitions ...................................................................................................................................... 10 3.0 How Children Enter the State’s Custody .................................................................................. 12 3.1 How Children Enter Foster Care ............................................................................................ 12 3.2 Legal Authority for Adoptive Placement ................................................................................ 12 3.3 Permission to Accept Guardianship ...................................................................................... 13 3.4 Required Consents -
Post-Adoption Sibling Visitation Dawn J
ARE YOU STILL MY FAMILY? POST-ADOPTION SIBLING VISITATION DAWN J. POST, ESQ., SARAH MCCARTHY, ESQ., ROGER SHERMAN, PH.D. AND SERVET BAYIMLI * I. INTRODUCTION On Kayla’s1 first birthday in July of 1998, she was placed into foster care following allegations that her seventeen-year-old mother neglected her. Kayla was initially placed with her mother in a city-operated home for teenagers with children.2 However, when her mother was no longer able to care for her, Kayla’s paternal grandmother took over as her foster mother.3 Soon after Kayla’s new placement, her mother gave birth to another baby, Copyright © 2015, Dawn J. Post, Esq., Sarah McCarthy Esq., Roger Sherman, Ph.D and Servet Bayimli. * We are practitioners in the child welfare field. Accordingly, much of what is written in this Article is our view of the situation as it currently stands. Also, the case examples mentioned contain confidential information for which citation cannot be provided. However, these cases were handled by or explained to us other attorneys, social workers, or participants in their respective cases. We are indebted to Executive Director Karen P. Simmons for her mentorship and support; Veronica Kapka and Latoya Lennard for their research and work on the narrative interviews; and CPIC Harvard fellows Allison Torsiglieri and Gene Young Chang for their insightful comments and editing. 1 Interview with Kayla, Adoptee, Children’s Law Center New York, in Brooklyn, N.Y. (Nov. 11, 2013) [hereinafter Kayla Interview] (unpublished) (on file with authors). From December 2013 through June 2014, the Children’s Law Center New York (CLCNY) conducted interviews of young people and adults who had experienced the loss of their sibling, as well as adoptive parents who had either encouraged or terminated sibling contact, and were solicited from LinkedIn or at conferences. -
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. -
Expert Evidence in Favour of Shared Parenting 2 of 12 Shared Parenting: Expert Evidence
Expert evidence in favour of shared parenting 2 of 12 Shared Parenting: Expert Evidence Majority View of Psychiatrists, Paediatricians and Psychologists The majority view of the psychiatric and paediatric profession is that mothers and fathers are equals as parents, and that a close relationship with both parents is necessary to maximise the child's chances for a healthy and parents productive life. J. Atkinson, Criteria for Deciding Child Custody in the Trial and Appellate Courts, Family Law Quarterly, Vol. XVIII, No. 1, American both Bar Association (Spring 1984). In a report that “summarizes and evaluates the major research concerning joint custody and its impact on children's welfare”, the American Psychological Association (APA) concluded that: “The research reviewed supports the conclusion that joint custody is parent is associated with certain favourable outcomes for children including father involvement, best interest of the child for adjustment outcomes, child support, reduced relitigation costs, and sometimes reduced parental conflict.” best The APA also noted that: the “The need for improved policy to reduce the present adversarial approach that has resulted in primarily sole maternal custody, limited father involvement and maladjustment of both children and parents is critical. Increased mediation, joint custody, and parent education are supported for this policy.” Report to the US Commission on Child and Family Welfare, American Psychological Association (June 14, 1995) The same American Psychological Association adopted -
Chickasaw Nation Code Title 6, Chapter 2
Domestic Relations & Families (Amended as of 08/20/2021) CHICKASAW NATION CODE TITLE 6 "6. DOMESTIC RELATIONS AND FAMILIES" CHAPTER 1 MARRIAGE ARTICLE A DISSOLUTION OF MARRIAGE Section 6-101.1 Title. Section 6-101.2 Jurisdiction. Section 6-101.3 Areas of Jurisdiction. Section 6-101.4 Applicable Law. Section 6-101.5 Definitions of Marriage; Common Law Marriage. Section 6-101.6 Actions That May Be Brought; Remedies. Section 6-101.7 Consanguinity. Section 6-101.8 Persons Having Capacity to Marry. Section 6-101.9 Marriage Between Persons of Same Gender Not Recognized. Section 6-101.10 Grounds for Divorce. Section 6-101.11 Petition; Summons. Section 6-101.12 Notice of Pendency Contingent upon Service. Section 6-101.13 Special Notice for Actions Pending in Other Courts. Section 6-101.14 Pleadings. Section 6-101.15 Signing of Pleadings. Section 6-101.16 Defense and Objections; When and How Presented; by Pleadings or Motions; Motion for Judgment on the Pleadings. Section 6-101.17 Reserved. Section 6-101.18 Lost Pleadings. Section 6-101.19 Reserved. Section 6-101.20 Reserved. Section 6-101.21 Reserved. Section 6-101.22 Reserved. Section 6-101.23 Reserved. Page 6-1 Domestic Relations & Families Section 6-101.24 Reserved. Section 6-101.25 Reserved. Section 6-101.26 Reserved. Section 6-101.27 Summons, Time Limit for Service. Section 6-101.28 Service and Filing of Pleadings and Other Papers. Section 6-101.29 Computation and Enlargement of Time. Section 6-101.30 Legal Newspaper. Section 6-101.31 Answer May Allege Cause; New Matters Verified by Affidavit. -
The Steps to Adoption We Hope This Information Will Make Your Experience a Little Easier
HOW LONG DOES ADOPTING TAKE? Adopting a child always requires a waiting period of some “Thank you for asking duration. When home studies are presented, the custodial agency for the child must assess the strengths of all the about adoption!” interested families and decide which family can best meet the needs of a specific child. The time frame is not predictable and it can be frustrating for families who are ready and prepared to adopt. A prospective parent who has abilities/strengths to meet the needs for a waiting child with special needs may wait 9 months or more. If you have more questions WHAT KIND OF CHILDREN ARE WAITING? or need additional information: Most of the children who wait are: Please call: • Age six years old or older and have been in foster 1-800-DO-ADOPT care for eighteen (18) months or longer; OR • Have a close relationship with brothers or sisters your local department of social services and are placed with their sibling(s); www.dss.virginia.gov/localagency • Are a minority, based on racial, multi-racial, or ethnic heritage; • Have physical, mental, or emotional condition; or • Have a hereditary tendency, congenital problem, or birth injury leading to substantial risk of future disability. HOW MUCH DOES IT COST TO ADOPT? There is no charge when you adopt a special needs child in the custody of a local department of social services. FINANCIAL ASSISTANCE AVAILABLE? Adoption assistance, also called subsidized adoption is a means of providing a money payment and/or services to adoptive parent(s) on behalf of a child with special Facebook: Virginia Adopts needs. -
Major Trends Affecting Families in Central America and the Caribbean
Major Trends Affecting Families in Central America and the Caribbean Prepared by: Dr. Godfrey St. Bernard The University of the West Indies St. Augustine Trinidad and Tobago Phone Contacts: 1-868-776-4768 (mobile) 1-868-640-5584 (home) 1-868-662-2002 ext. 2148 (office) E-mail Contacts: [email protected] [email protected] Prepared for: United Nations Division of Social Policy and Development Department of Economic and Social Affairs Program on the Family Date: May 23, 2003 Introduction Though an elusive concept, the family is a social institution that binds two or more individuals into a primary group to the extent that the members of the group are related to one another on the basis of blood relationships, affinity or some other symbolic network of association. It is an essential pillar upon which all societies are built and with such a character, has transcended time and space. Often times, it has been mooted that the most constant thing in life is change, a phenomenon that is characteristic of the family irrespective of space and time. The dynamic character of family structures, - including members’ status, their associated roles, functions and interpersonal relationships, - has an important impact on a host of other social institutional spheres, prospective economic fortunes, political decision-making and sustainable futures. Assuming that the ultimate goal of all societies is to enhance quality of life, the family constitutes a worthy unit of inquiry. Whether from a social or economic standpoint, the family is critical in stimulating the well being of a people. The family has been and will continue to be subjected to myriad social, economic, cultural, political and environmental forces that shape it. -
Child Custody Arrangements: Say What You Mean, Mean What You Say
Land & Water Law Review Volume 31 Issue 2 Article 15 1996 Child Custody Arrangements: Say What You Mean, Mean What You Say DeNece Day Koenigs Kimberly A. Harris Follow this and additional works at: https://scholarship.law.uwyo.edu/land_water Recommended Citation Koenigs, DeNece Day and Harris, Kimberly A. (1996) "Child Custody Arrangements: Say What You Mean, Mean What You Say," Land & Water Law Review: Vol. 31 : Iss. 2 , pp. 591 - 621. Available at: https://scholarship.law.uwyo.edu/land_water/vol31/iss2/15 This Comment is brought to you for free and open access by Law Archive of Wyoming Scholarship. It has been accepted for inclusion in Land & Water Law Review by an authorized editor of Law Archive of Wyoming Scholarship. Koenigs and Harris: Child Custody Arrangements: Say What You Mean, Mean What You Say Comment CHILD CUSTODY ARRANGEMENTS: Say What You Mean, Mean What You Say INTRODUCTION In Wyoming, custody battles place judges and court commissioners in King Solomon's' position nearly everyday as they are asked to split children between divorcing parents.2 Of course, judges and commissioners do not wield swords, but they do use legal terms which are often inade- quate and misused.' Unfortunately, the modem day result, though not as graphic as that from the Bible, is just as severe. As many as one in every two marriages will result in divorce.4 Thirty percent of children today will be the focus of a custody decision., For too many of these children, their lives will be adversely affected by an improper custody arrangement caused by the erroneous use of the term "joint custody." 6 The law as it stands in Wyoming does not adequately consider the non-legal aspects of custody or give practitioners and judges the guidance necessary to make appropriate custody determinations.' Gurney v. -
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. -
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.