NY Times Article and Video on Shaken Baby Syndrome

The New York Times recently published an interesting article and video called Shaken Baby Syndrome: The Diagnosis that Divides the Medical World, which shows how the diagnosis has changed in the past few decades.

You can find the article HERE.  There are several other shorter videos within the article that are worth checking out as well.

Should Children Stay with their Homeless Parents?

Hawaii News Now recently shared a story about children and homelessness.  You can find the story HERE, which includes a video.

New Legislation In Washington Could Help Keep Families Together

New legislation has been introduced in Washington by Democratic Senator Ron Wyden of Oregon, that would allow states to use foster care money to keep kids at home rather than in the system.  The Family Stability and Kinship Care Act (the "Act"), would allow states more flexibility in using Title IV-E funds for family support services to help keep families together. 

You can read as summary of the proposal, as well as, what Utah's Senator Orrin Hatch and Ann Williamson of the Utah Department of Human Services had to say about the Act HERE.  Additional coverage of the Act can be found HERE and HERE.

Medical Child Abuse

The New York Times, recently published an article on "medical child abuse" called The New Child Abuse Panic.  The term can be applied to parents who disagree with a doctors diagnosis, procure excessive or necessary medical procedures for their children, and has even be used in reference to Munchausen syndrome by proxy.  You can read the NYT article HERE.

Oregon Lawmakers Propose Alternative to Prison for Non-Violent Offenders with Kids

In an effort to keep families together Oregon is looking at giving judges discretion in sentencing when the offender has custody of children.  You can read about the program HERE.  What do you think?  Does Utah need something like this?

Disabled Massachusetts Mom gets her daughter back

We recently posted regarding the findings by the Department of Justice that Massachusetts had violated the civil rights of a disabled mother when her two day old baby was removed.  You can see the original post HERE.

Last week a judged granted the grandmother custody to the now two year old.  You can follow the story HERE.

DOJ finds Massachusetts wrongly removed infant from developmentally disabled woman

The Department of Justice recently found that the Massachusetts Department of Children and Family (DCF) violated a mother's civil rights under the ADA by discriminating against her based upon a disability.  DCF had removed a 2 day old baby from the mother because they had determined she was unable to parent due to a developmental disability even though she had support from her parents.

You can read a news article HERE.

You can read the full DOJ report HERE.

If you have cases where clients may have disabilities and need assistance, don't forget you can consult with the Disability Law Center.

New York Court Grants New Trial in Case of Baby Sitter Accused of Shaken Baby Syndrome

On December 16, 2014, a New York court overturned a murder conviction for Shaken Baby Syndrome.

While in the care of a day care provider a two and a half year old died after falling from a bench.  The day care provider was convicted of murder under the theory of Shaken Baby Syndrome.  A post-conviction motion asked the court for a new trial under the theory that new scientific research regarding the characteristics of Shaken Baby Syndrome undermined the reliability of the verdict.  The court agreed with the defense that a child can, in fact, die from a "short fall" and ordered a new trial based on the newly discovered evidence (i.e. advances in scientific research).

You can find a copy of the opinion HERE.

NJ Justices say Methadone Treatment While Pregnant Not Child Abuse

On December 22, 2014, the New Jersey Supreme Court ruled that going through a methadone treatment program while pregnant, even when the newborn suffers from withdrawal symptoms, does not constitute child abuse.

The unanimous court overruled two lower court decisions that looked only at the harm to the child without considering whether the mother's actions were reasonable.  The court wrote: "We hold that, absent exceptional circumstances, a finding of abuse or neglect cannot be sustained based solely on a newborn's enduring methadone withdrawal following a mother's timely participation in a bona fide treatment program prescribed by a licensed health care professional to whom she has made full disclosure," 

You can find a full copy of the opinion HERE.

Utah Supreme Court Denies Biological Father's Appeal for Child Custody

On November 4, 2014, the Utah Supreme Court issued an opinion in Boulden v. Doe, denying a biological father's petition to intervene in the adoption proceedings of his now three-year-old child for "failing to preserve his legal rights as a father by filing a paternity affidavit within the time prescribed by Utah Code section 78B6-121(3)."

You can read the entire opinion HERE.

KSL.com also reported the story HERE.

DCFS Responds to the Supreme Court's Denial of Cert. in the Same-Sex Marriage Cases

On Monday, October 6, 2014, the Supreme Court of the United States denied all seven petitions that arose from challenges to various state bans on same-sex marriage, including that belonging to Utah.

Brent Platt, the director of the Division of Child and Family Services, sent out the following guidance to case workers regarding how the division would respond to the court decision:

As promised, this is a follow up to offer guidance regarding Monday's Supreme Court decision as it relates to our work at DCFS.

1.  DCFS recognizes all legally married couples and individuals who meet the Licensing and DCFS criteria for preliminary, kinship, foster care, and adoptive placements.

2.  When placement decisions are being made, we must always consider what's in the best interest of the child(ren).

3.  In order to comply with the Supreme Court decision and Governor Gary R. Herbert's directive, we will be updating Practice Guidelines immediately.

Please direct any questions to our State Office Program Administrators:

Foster Care - Tanya Albornoz, 801-646-4866

Adoption - Marty Shannon, 801-540-0833

Thank you for your hard work and commitment to Utah's children and families. 

Child Welfare In the News

The New York Times recently featured a Op-Ed piece on criminalizing parenting that is well worth the read.  You can find it HERE.  Yesterday there was a letter to the editor in response that underlines the importance of parent representation.  You can find that HERE.

HERE is an article about a mother who lost her kids because she needed housing.

HERE is an article about the right to parent even if you are poor.

HERE is a great story about a new mother with bi-polar disorder who was found capable of parenting.