STATE LAW/Termination of Parental Rights/Voluntary

OHIO: “Mother goes back on baby’s adoption”
By: Sharon Coolidge
Sharicka Watson, the 22-year old mother who recently gave her 2-month-old baby up for adoption, to a Dayton, Ohio couple has changed her mind. The baby’s father, 22-year old Glenn Spraggs, who was not aware of Watson’s decision to give the baby up for adoption, is now vying for custody of his son. The adoption agency took the baby away from the Dayton couple whom Watson had chosen, and returned the infant to his mother last Wednesday after learning about Spraggs’ decision. That same day, a Greene County judge voided all adoption proceedings. The adoption agency then placed the baby boy with his maternal grandfather. Spraggs will seek an order through the Child Support Enforcement Agency declaring him the father, which would enable him to seek custody.
The Cincinnati Enquirer, January 31, 2006
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STATE LAW/ Privacy of Records and Proceedings

MAINE: “Adoptees seek law for access to birth records”
By: Tess Nacelewicz
Adult adoptees are supporting proposed legislation that would give them access to their original birth certificates, thus identifying their biological parents. Opposing the bill is the Roman Catholic Diocese of Portland, who believe the confidentiality promises made to the birth parents years ago should take precedence over adoptees desiring this information. They believe the bill should be amended to require the birth parents' consent before passing along the information to the adoptees. Access 2006, a group of adoptees, birth parents, adoptive parents and others, are working together to help pass the legislation. They claim the records are a civil right of theirs, and information about their birth parents is key to understanding their identity and medical history. On the other side, the diocese believes express permission should be granted before revealing this information. The diocese worries that the bill would violate confidential agreements promised by adoption agencies years ago.
MaineToday.com, January 29, 2006
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NATION: “Race need not be an issue in adoption”
By: Howard Altstein
National statistics for 2002, the last year in which these numbers are available, show that 300,000 women, ranging in age from 18-44, took strides to adopt children. What was surprising about these numbers was the racial preferences of these women, both black and white, regarding their potential adopted child. 84 percent of white women would “prefer or accept” an African-American child, and 75 percent of African-American women would “prefer or accept” a white child. These similar figures, a difference of only nine percentage points, show a fundamental change in how race is viewed in adoption. If children can be matched with an eligible adoptive family, the child should be placed regardless of race.
Chron.com, January 28, 2006
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FOSTER CARE/ Adoption Systems

FLORIDA: “Bell Buckle boy sent back to foster parents”
By: T-G staff and Associated Press reports
A decision from a Florida appeals court has sent 4 year old Christian back to the foster home he left three years ago. Denise and Ivar Baklid had taken care of Christian for his first 16 months of life. The couple had planned to adopt him until his biological cousin, Tiffany Delk and her husband, applied for custody. The seventh circuit court judge, Shawn Briese, decided he had no authority to prevent the Florida Department of Children and Families from allowing Christian’s biological cousin to adopt him. In 2004 the appellate court ruled that a circuit court judge could decide the placement of Christian. The circuit court judge determined that the child should be returned to the Baklids. The court’s decision is being appealed and Christian has not yet returned to his foster parents. This case sets a precedent in Florida because it enables a judge to decide child placements based on his view of their best interests.
Shelbyville Times Gazette, January 26, 2006
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STATE LAW/Termination of Parent Rights/ Voluntary

OHIO: “Mom doesn't want him, and dad can't have him”
By: Sharon Coolidge
On January 26, the Hamilton county courts in Cincinnati, OH ordered that 22 year old Sharicka Watson take custody of her 7 week old infant. She has asserted on several occasions that she does not want the child. Watson had been in courts weeks earlier for giving her child up for adoption without informing the father. However, the adoption agency which she had given the child to gave the baby back to her on January 25. The infant’s father, 22 year old Glenn Spraggs, wants to take custody of the child. A judge ruled yesterday that until Spraggs’s paternity can be proven, he can not assume custody. This is a process which can take up to three months. In the meantime, the child is with his unwilling mother, who is the legal custodian until paternity results are reached. The Cincinnati Enquirer, Friday, January 27, 2006
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STATE LAW FOSTER CARE/ Placement Guidelines

TEXAS: “Proposed state law bans smoking in foster homes: Four states have no smoking law or regulation”
The Texas state legislature has proposed a law which would prohibit foster parents from smoking in their homes. Action on Smoking and Health (ASH) is an anti-smoking group which has issued a nation wide campaign directed at children’s health. They have aided the Vermont, Oklahoma, Washington and Maine state legislatures in passing smoking bans regarding foster homes. ASH believes that the government has the authority to prohibit exposure of second hand smoke in these situations. Maria Douglas is a foster parent who is concerned about the consequences of the ban such as recruiting and keeping families involved in foster care. The Texas Department of Family and Protective Services has to approve the ban and is encouraging public feedback. ASH is currently working on the Texas legislature to impose a smoking ban on all vehicles with children in them.
Click 2 Houston.com, January 25, 2006
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INTERNATIONAL ADOPTION

KOREA: “New Immigration Strategy: Koreans Send Children to America for Adoption”
By: Aruna Lee
South Korean parents are sending their children to America for adoption by retired couples, which allows them to become U.S. citizens without going through the complicated immigration process. Primarily, Korean parents want their children to have the benefit of an American education. Typically, a retired American couple will receive upwards of $30,000, as well as money for room and board for each adopted child, and in return, the child becomes a legal citizen of the U.S. and receives a better education. The downside to this is the lasting emotional issues that some of these children face when their parents send them to live in a foreign country with people whom they’ve never met. Adoption fraud is another concern. Sometimes, parents pay a broker to assist in finding adoptive parents in the U.S., and that person disappears with their money.
Pacific News Service, January 25, 2006
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STATE LAW/Custody/Parental Unfitness

NEW YORK: “Final Days of Little Girl’s Life Reveal Horror Story.”
By: Adam Goldman
On January 10, 2006, Cesar Rodriguez beat his 7-year-old stepdaughter, Nixmary, to death in front of her mother. The mother, Nixzaliz Santiago, and Rodriguez were charged with multiple felony counts, including second degree murder. Rodriguez has also been accused of molesting his stepdaughter and her five other siblings. The indictment alleges that Nixmary’s beatings began 11 days before her death. "The circumstances of the abuse this girl suffered were horrifying and among the most tragic that I've ever come across," said Erik Pitchal, director of the Center for Family and Child Advocacy at the Fordham School of Law. "The manner in which she spent her last days is heart wrenching." There were warning signs. In May, 2005, a guidance counselor at Nixmary’s school notified the city’s Administration for Children’s Services’ (ACS) after the girl missed 47 days of school. The ACS, however, failed to find evidence of educational neglect. In December, 2005, the ACS received another complaint about Nixmary. The case stalled, however, after the caseworkers were unable to gain access to her home. Since Nixmary’s death, the ACS has either suspended or reassigned six of its employees. In the week following her death, the agency received a 71 percent increase in reports of child abuse and neglect from the same period the year before.
AP New York, January 21, 2006
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STATE LAW/ Termination of Parental Rights/ Appeals of Orders of Termination

TEXAS: In the Interest of D.H., K.L.H., and C.H., Children
The Court of Appeals of Texas, Second District, Fort Worth, affirmed the lower court’s decision to terminate the biological mother’s parental rights. The mother appealed, claiming the trial court had failed to file findings and conclusions, which deprived her of her right to effective counsel, and also that the evidence did not factually support the court’s decision to terminate her rights. The court of appeals found that the trial court did err by not filing the findings; however, the mother was not harmed by this error. Upon review, the court of appeals found that the evidence was sufficient enough for a fact finder to determine that the termination of the mother’s rights was in the best interest of the children.
Cite: No. . 2-05-179-CV, 2006 Tex. App. LEXIS 405 (Tex. Ct. App., Jan. 19, 2006)
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STATE LAW/Custody/Parental Unsuitability

WISCONSIN: In the Interest of Matthew J.B.
The Court of Appeals of Wisconsin, District Four, upheld a circuit court’s decision dismissing a petition alleging the child in need of protective services because the evidence presented by the department of children services was insufficient. The court held that under the proper standard of review, the circuit court’s decision should not be reversed unless there was clear error. In this case, there was not sufficient evidence to show that the parent’s behavior had seriously endangered the child’s health.
Cite: No. 2005AP2016, 2006 Wisc. App. LEXIS 40 (Wisc. Ct. App., Jan. 19, 2006)
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STATE LAW/Parties to Adoption/Criteria for Adoptive Parents

UNITED STATES: “Underground Network Moves Children from Home to Home”;
“No State Fully Compliant With Child-Welfare Standards”
By: Wendy Koch
A Tennessee couple is facing charges for abusing their 18 children. It is believed that the couple obtained custody of many of the children through an underground network of families in similar situations. Professor Kent Markus, Director of the National Center for Adoption Law & Policy at Capital University Law School, stated that many couples that take in large numbers of children “are incredibly well-motivated” and often see taking the special needs children in as a “calling”. In addition, Markus stated that all too often these parents are faced with multiple challenges when raising special needs children; "I've heard lots and lots of cases where parents have to take extraordinary steps just to (physically) protect themselves." In a related article, all 50 states have failed to comply with child-welfare standards, most often in the area of permanency. Markus stated there are “enormously high expectations" for the child-welfare systems, but not nearly enough funding to support them.
USA Today, January 18, 2006
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STATE LAW/Foster Care/Foster Caregivers’ Rights

WISCONSIN: In Re Termination of Parental Rights to Patrick T.
The Court of Appeals of Wisconsin, District One, affirmed an order that denied a foster parent’s objection to a placement change that removed the foster child from her home because of alleged abuse of another foster child. The foster mother argued that the Bureau did not follow proper procedures, the trial court did not admit certain evidence, there were numerous postponements, and that she was not properly considered as the child’s primary caregiver. The court found no error in the previous proceeding and held that the child should remain in the current placement where he had been for over a year, and where he was thriving.
Cite: No. 2005AP898, 2006 Wisc. App. LEXIS 27 (Wisc. Ct. App., Jan. 18, 2006 )
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STATE LAW/Termination of Parental Rights/Appeals of Orders of Termination

FLORIDA: W.N. v. Department of Children and Family Services
The Court of Appeal of Florida, Third District, affirmed the trial court’s judgment terminating the rights of the appellant father, based upon his 18-month-old child’s removal from the home after the child ingested cocaine. The father subsequently failed to substantially comply with the state’s reunification plan within a 12-month period due to continued drug use and failure to pay child support. Additionally, the court found a nexus between the father’s drug use and his inability to provide for the child’s health and safety.
Cite: No. 3D04-2730, 2006 Fla. App. LEXIS 348 (Fla. Ct. App., Jan. 18, 2006 )
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FEDERAL LAW/Civil Rights

U.S. COURTS - EIGHTH CIRCUIT: K.D. v. County of Crow Wing
The United States Court of Appeals for the Eighth Circuit affirmed a federal district court decision, which granted summary judgment in favor of defendants, a county, a deputy, a city, and a narcotics officer, regarding their removal of a minor child from his mother’s custody upon the law enforcement officers’ beliefs that the mother was under the influence of drugs. The mother and her child brought claims against defendants pursuant to 42 U.S.C.S. §1983, alleging unconstitutional search and seizure and violation of the right to due process. The Eighth Circuit affirmed the district court’s finding that the officers were entitled to qualified immunity because their actions were founded upon a reasonable suspicion that the child was in danger at the time of removal.
Cite: No. 05-2499, 2006 U.S. App. LEXIS 1074 (U.S. 8th Cir. Ct of App., Jan. 18, 2006)
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INTERNATIONAL ADOPTION/Requirements of the Law of the Birth Country

NATION: “PM and U.S. Ambassador tackle adoption issue”
By: Denisa Maruntoiu
In meetings with the Prime Minister, Calin Popescu Tariceanu of Bucharest, U.S. Ambassador Nicholas Taubman discussed the two countries' relationship with regards to international adoption. Over the last four years Romania has rejected all of the 1,100 adoption requests it received from 24 different countries. The Romanian Office for Adoption will now review each request for adoption as required by the new law and further convey reports generated through the reviewing process to the families requesting the adoption.
Bucharest Daily News, January 17, 2006
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NORTH CAROLINA: In re S.R.L.
The Court of Appeals of North Carolina affirmed a trial court’s order terminating a mother’s parental rights. The mother first argued that the trial court erred by denying her attorney’s motion to withdraw and by not appointing new counsel and a guardian ad litem (GAL) to represent her. The mother’s attorney filed the motion because the mother was verbally abusive, and the attorney claimed that she was unable to adequately prepare for the case because the mother was uncooperative. The trial court found that it was unlikely another attorney would communicate better with the mother, and that the mother did not seek new counsel and was apparently satisfied with her attorney. The appellate court affirmed the lower court because the mother failed to show that the attorney’s performance was deficient. The appeals court also upheld the trial court’s decision not to appoint a GAL for the mother because she did not fall under the applicable statute. Finally, the appellate court found that there was sufficient evidence to support termination on the grounds that the mother willfully failed to make reasonable progress. The appeals court stated that willfulness did not require a complete lack of progress, but that willfulness could be found when only limited progress was made.
Cite: No. COA04-1707, 2006 N.C. App. LEXIS 206 (N.C. Ct. App. Jan. 17, 2006)
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NORTH CAROLINA: In Re: A.G. and J.G.
The Court of Appeals of North Carolina upheld an order terminating the rights of both parents stating that the trial court did not err by questioning the children in camera with both sides’ attorneys present. Nor did the trial court err by failing to appoint a guardian ad litem (GAL) for the mother, because she was entitled to the appointment of a GAL only if she alleged substance addiction or mental illness. Because the mother failed to assert either of these as reasons for her neglect of her children, the trial court was not required to recognize her alleged mental illness and appoint a GAL. Finally, the trial court’s findings were supported by “clear, cogent, and convincing evidence.” The court determined that it was within the best interests of the children to be eligible for adoption.
Cite: No. COA04-1536, 2006 N.C. App. LEXIS 211 (N.C. Ct. App. Jan. 17, 2006)
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NORTH CAROLINA: In the Matter of C.S.
The Court of Appeals of North Carolina affirmed the trial court’s opinion terminating respondent’s parental rights due to neglect, insufficient medical care, drug use, and lack of stimulation and interaction. The court found that the district court's findings were supported by clear, cogent, and convincing evidence, and that such findings were binding on appeal even if there was some evidence to the contrary. The appellate court held that the best interests of the child and the fitness of the parent at the time of the termination proceeding were the determinative factors. The appellate court upheld the trial court because the trial court found that respondent had substantially failed to adhere to the case plan; the trial court held numerous permanency planning hearings to review progress; and the trial court found respondent had "made no progress in addressing the issues which led to placement." The appellate court upheld the trial court’s change of the permanent plan for the child to adoption.
Cite: No. CO-A05-389, 2006 N.C. App. 1 (N.C. Ct. App. Jan. 17, 2006)
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STATE LAW/Termination of Parental Rights/Process

NORTH CAROLINA: In Re C.J.F.
The Court of Appeals of North Carolina reversed a district court’s finding terminating the respondent mother’s parental rights, and remanded for an appointment of a guardian ad litem for the mother and a new trial. The trial court found clear and convincing evidence of a significant probability of further neglect by the mother due to her mental problems, and therefore found it was in the child’s best interests to terminate parental rights. The mother appealed the termination on the grounds that the trial court erred in terminating her rights without appointing a guardian ad litem to represent her. The court of appeals ruled that a guardian ad litem must be appointed for a respondent parent if it is alleged the parent’s rights should be terminated due to incapability to care for the child as a result of the parent’s substance abuse, mental retardation, mental illness, organic brain injury or other similar cause or condition.
Cite: No. COA05-21, 2006 N.C. App. Lexis 214 (N.C. Ct. App. Jan. 17, 2006)
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FEDERAL LAW/Civil Rights

NEW YORK: Spickerman v. Carr
The United States District Court for the Western District of New York granted defendant case workers’ motion to dismiss plaintiff father’s civil rights case for lack of jurisdiction. The father sued defendant state child welfare employees alleging that they violated his constitutional rights while administering the child welfare program by, among other things, failing to investigate complaints of abuse of his children by their mother. The RookerFeldman doctrine provides that federal district courts do not have jurisdiction over claims that have already been decided, or that are “inextricably intertwined” with issues that have been already decided by a state court, regardless of the form of remedy sought in the district court. The court applied the RookerFeldman doctrine and dismissed the case because a state court had previously determined that there was no merit to the father’s allegations.
Cite: No. 04-CV-6226 CJS(P), 2006 U.S. Dist. LEXIS 1540 (U.S. Dist. Ct. Jan. 17, 2006)
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STATE LAW/Termination of Parental Rights/Appeals of Orders of Termination

NORTH CAROLINA: In re: D.K.
The Court of Appeals of North Carolina dismissed the mother’s appeal of a trial court's order terminating her parental rights for her youngest child, D.K., and affirmed the trial court’s order terminating the father’s parental rights on the basis of neglect. The mother's appeal was dismissed on procedural grounds because she failed to ensure that the record was complete on appeal, i.e., the termination of parental rights order was not included in the record. With regard to the father, the court held that he had committed domestic violence against the mother, and therefore, all three of the children were not to be in his presence without the court’s permission. In addition, the termination of the father's rights was properly based on the evidence that he did not visit or support D.K., did not comply with court-ordered services, abused drugs, and did not financially or emotionally support any of his children.
Cite: No. COA04-1583, 2006 N.C. App. LEXIS 130 (N.C. Ct. App. Jan. 17, 2006)
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STATE LAW/Child Support

MARYLAND: In re: Katherine C.
The Court of Appeals of Maryland vacated a lower court’s order for child support for a child under state care. The court held that under Md. Fam. Law. § 12-202(a), a juvenile court, in a child in need of assistance (CINA) case, could order the parent to pay child support and that the child support amount ordered may not be more than the state spends on the child. The circuit court’s order was vacated, however, due to the fact that the lower court did not give proper notice to the parents prior to holding a hearing regarding child support, which violated the appellant mother’s right to due process.
Cite: No. 32, 2006 Md. LEXIS 11 (Md. Ct. App. Jan. 17, 2006)
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STATE LAW/Termination of Parental Rights/Involuntary

VIRGINIA: Tanicka Nicole Holmes v. Department of Social Services, City of Richmond
The Court of Appeals of Virginia affirmed the trial court’s decision to terminate the mother’s residual parental rights and to refrain from placing the children with their maternal aunt. The mother’s parental rights were terminated and she appealed the trial court’s holding that the Department of Social Services met its statutory obligation to interview the children’s maternal aunt as an appropriate placement and the court’s subsequent decision not to place the children with her. The evidence showed that the aunt was 19 years old, did not have a permanent residence, and had only been employed for four months. The court concluded that the aunt was not a suitable placement for the special needs children.
Cite: No. 1011-05-2, 2006 Va. App. LEXIS 17 ( Va. Ct. App., Jan. 17, 2006)
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STATE LAW/Adoption Procedure

NORTH CAROLINA: “Adoption highlights concerns”
By: Jonathan Clayborne
Hood Richardson and Stan Deatherage, both commissioners for Beaufort County, North Carolina, received a complaint about the length of processing time for an adoption case. Following the complaint, they met with the Director of Social Services (DSS), Jim Harriett. The DSS assured the commissioners that he would check up on the matter, but he could not give any specific information because of N.C. General Statute Chapter 48, Article 1-100, which he stated prohibits such information. The commissioners said that they were not trying to push adoptions along, but they felt that several of the employees in Social Services were not doing their job in a timely manner. Harriet agreed that the time used to perform a home study was lengthy, but that the department has recently lost an employee, and also has a large scope of duties, which he outlined for the commissioners in a report.
The Washington Daily News, January 13, 2006
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STATE LAW/Foster Care/ State Systems

ARKANSAS: “State Supreme Court to Consider Gay Foster Parents”
By: The Associated Press
The Arkansas Supreme Court will review a lower court decision that ruled it was unconstitutional for the Child Welfare Agency Review Board to prohibit homosexuals from being foster parents. In determining whether or not to allow homosexuals to serve as foster parents, the court will consider four briefs filed on behalf of the issue from the eighteen groups that would like to offer information on the mental, legal, and social issues of this case. The ban was issued in 1999, causing four Arkansans to sue, claiming the ban violated their constitutional rights to privacy and equal protection.
Today’s THV, January 13, 2006
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STATE LAW/ Foster Care/ State and District Systems

FLORIDA: “Foster care time improves, exec says”
By: Deborah Circelli
The time children spend in foster care in two Florida counties has decreased in the past year, from 16 months to 12. The president of Community Based Care of Volusia and Flagler Counties, Ron Zychowski, stated that this improvement can be attributed to his staff doing a better job at reviewing cases. This prevents children from remaining in this system for extended periods of time. Zychowski hopes to decrease the average time even more, to the Florida state average of 10.5 months. The counties also have 200 fewer children in the foster care system as compared to last January. Despite these improvements, the counties still have the highest number of abuse calls in the state, and they have increased in the past few months. Zychowski is not sure what the increase can be attributed to.
Daytona Beach News-Journal, January 12, 2006
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STATE LAW/Termination of Parental Rights/Involuntary

GEORGIA: In the Interest of M.H.W., M.A.S.W., and R.M.W., children
The Court of Appeals of Georgia, Third Division, affirmed the trial court’s decision to terminate the parental rights of the mother, finding the facts to show by clear and convincing evidence that the children lacked adequate parental care. The court based its decision on the mother’s failure to meet her reunification plan, including her failure to obtain employment, housing, mental health treatment and her continued use of drugs.
Cite: No. A05A2205, 2006 Ga. App. LEXIS 30 (Ga. Ct. App. Jan. 10, 2006)
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STATE LAW/Termination of Parental Rights/Due Process

WISCONSIN: In re the Termination of Parental Rights to Marsaide J.C
The