Thursday, August 7, 2014

Law Review Article on Legal Guardianship under ASFA

Sara Katz, a former parental defender and now Professor of Law at Temple University has published an article in Michigan Law Review on the topic of Legal Guardianships and the Adoption and Safe Families Act.  Her introduction states:
This Article argues that it does not serve the interest of children or parents to prevent parents entirely from filing for custody after legal guardianship is granted. To the extent a parent's rights are not terminated as a result of her child-welfare involvement, a family's contact with the child-welfare system should not lessen the value the law places on the parent-child relationship. In short, the courthouse doors should not be closed to children and their parents by barring parents from later requesting, in appropriate circumstances, that a court determine whether it is in that child's best interests to return to the parent. Although permanency has value in the child-welfare context, permanency unto itself should not be the goal in resolving custody disputes--determining children's best interests should always be at the forefront in all custody cases, whether between private parties or between the parent and the state. This Article posits that parents should retain the right to file to vacate the guardianship and regain primary custody, but makes recommendations to the states so as to ensure children have the stability they need while promoting their best interests.
You can download a copy HERE.

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