For those of you who are not on the national parents' attorneys listserv that is sponsored by the ABA, it is fantastic resource. They recently sent out a document that contains summaries of 6 different cases from around the country that impact parental defense. I'm posting those summaries below for your convenience.
We appreciate the wonderful work you all do!
Best,
Kirstin Norman
Executive Director
Parental Defense Alliance of Utah
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California
In re J.P., 223 Cal. Rptr. 3d 426 (Ct. App. 2017).
DEPENDENCY, LEGAL
REPRESENTATION
Juvenile court was
required to appoint counsel for mother of dependent child in group home
placement before hearing on petition for modification requesting reappointment
of counsel, family reunification services, and extended and liberalized visits
with child. Failure to ensure mother was represented deprived her of
opportunities to challenge court’s orders and findings and created fundamental
unfairness. Changed circumstances and benefit to child’s well-being strongly
favored mother’s request, and counsel could have highlighted benefits to child.
Connecticut
In re Elijah C., 2017 WL 3431653 (Conn.).
TERMINATION OF PARENTAL
RIGHTS, AMERICANS WITH DISABILITIES ACT
Mother adequately
briefed appellate claim challenging trial court’s finding she was unable to
benefit from reunification services, because child welfare agency failed to
provide services previously determined reasonable given mother’s cognitive
deficits. However, evidence supported trial court’s determination she was
unable to benefit from reunification efforts. While Americans with Disabilities
Act (ADA) cannot be used as defense to termination of parental rights, ADA applies
to reunification services and programs required to meet parents’ specialized
needs.
Nevada
In re A.D.L., 402 P.3d 1280 (Nev. 2017).
TERMINATION OF PARENTAL
RIGHTS, FAILURE TO ADMIT
Trial court violated
mother’s Fifth Amendment right against self-incrimination by terminating her
parental rights because she refused to admit, as part of court-ordered case
plan, that she intentionally, rather than accidentally, caused hot iron injury
to child. Parent cannot be forced to admit to criminal act under threat of loss
of parental rights.
Tennessee
In re Gabriella D., 2017 WL 4324959 (Tenn.).
TERMINATION OF PARENTAL
RIGHTS, BEST INTERESTS
Foster parents filed
petition to terminate mother’s parental rights to three children and adopt them.
Supreme court upheld juvenile court’s finding that although mother’s neglect
resulted in one child’s severe abuse through malnourishment, mother cooperated
with child welfare agency, completed all required tasks, reconnected with
children, and children wished to remain with her. Terminating mother’s parental
rights was therefore not in best interests of children.
Texas
In re E.R.W., 2017 WL 3879019 (Tex. Ct. App.).
TERMINATION OF PARENTAL
RIGHTS, REPRESENTATION
As issue of first
impression, state statute governing mandatory appointment of attorney ad litem
for parent provides nonindigent parent with statutory right to representation
by counsel in termination of parental rights proceeding. Nonindigent parent may
challenge trial court’s termination of parental rights based on ineffective
assistance of parent’s retained counsel.
Utah
In re P.F., 2017 WL 3668103 (Utah Ct. App.).
TERMINATION OF PARENTAL
RIGHTS, INDIAN CHILD WELFARE ACT
Child who was eligible
for enrollment with Cherokee Nation but did not meet definition of “Indian
child” at that time was properly placed with non-Indian foster family. When initial
placement with foster family complies with Indian Child Welfare Act (ICWA), juvenile
court can rely on child’s bond with foster family and potential trauma to child
to find good cause necessary to deviate from ICWA’s placement preferences.
