Parenting Arrangements: Experts Weigh in on Temporary Guardianship for Child

When Do Informal Parenting Arrangements For Child Need Approval from the State?

Professor Dan Pollack contacted me several months ago requesting some input about this topic from the perspective of an Ohio family law attorney. Dan is an excellent writer and has posted articles as a guest Contributor to the Ohio Family Law Blog since 2009. I was pleased to see that my comments made it to his recent article published in Policy & Practice, 74 (2), 25, 28-29. Thanks Dan!  Keep up your quality scholarship and writing!

parenting arrangements child ohioIt is axiomatic that ideally it is best for children to be cared for by their parents. Yet, on an informal basis, thousands of children reside for extended periods of time with a caregiver who is not their parent. Often they are the child’s relatives, sometimes they are friends or acquaintances of the child’s family. This may be done to accommodate unique family dynamics, after-school or social activities, or for a variety of other reasons.  Such time-efficient and cost-effective parenting arrangements are accomplished without involving any lawyers or signing any legally binding documents. All things being equal, is there an expectation that such parenting arrangements have to be sanctioned by the state?… Read More... “Parenting Arrangements: Experts Weigh in on Temporary Guardianship for Child”

Foster Home Placement For Children: The Psycho-Legal Considerations

Foster Care Placement For A Child – What Effect Will Other Children In A Foster Home Have?

foster home childrenA healthy 3-year-old is placed in a foster home. A month later, a 16-year-old with a history of borderline personality disorder is placed in the same home. Without permission, the 16-year-old decides to give the 3-year-old a bath. Tragically, the 3-year-old drowns. Whatever the exact circumstances, and the foster parents’ behavior and liability aside, was it negligent of the agency initially to place the teenager in the same home as the young child?

When a child is placed in a foster home, it is the responsibility of the placing agency to evaluate the prospective home by considering its environmental, physical, emotional, medical, and educational benefits and hazards. Finding a compatible foster home is not just a question of finding the right foster parents. If there are other children in the home, they are also crucial to the selection process.

The placement process is a very personal and intentional one. Some variables can be controlled; others cannot. For instance, one controllable variable is the maximum number of foster children that can be placed in a foster home. For most states, it … Read More... “Foster Home Placement For Children: The Psycho-Legal Considerations”

Foster Children : Summer Safety

Foster Children: Summer Safety

Keeping foster children safe in the water

foster childrenWater. It can be so much fun, but oh so dangerous. The National Safe Kids Campaign (2004) reports that “drowning is the second leading cause of unintentional injury-related death among children ages 1–14 and the leading cause of unintentional injury-related death among children ages 1–4. The majority of drownings and near-drownings occur in residential swimming pools and in open water sites.” Furthermore, in 2004, “approximately 2,300 children ages 14 and under died from unintentional injuries that occurred in the home. Nearly 80 percent of these deaths were among children ages 4 and under.”

Foster Children News Headlines on Summer Safety

Reported cases of swimming pool accidents involving foster children that actually go to trial are not common.  Many more cases are filed and settled out of court. A sampling of unfortunate headlines dealing with Foster Children tells the story:

Suit Settled In Foster Child’s Near-drowning

Mother may sue over baby who drowned in foster care

Toddler ‘drowned in pool while her foster parents partied’

Foster child drowns in pool, parents question DHS

Foster Children: New State Regulations for Pool Safety

As a result of these lawsuits involving foster … Read More... “Foster Children : Summer Safety”

Caregiver Liability: When Kids Run from Foster Care

runaway.jpgThe National Runaway Switchboard reports that between 1.6 and 2.8 million youth run away each year. It also reports that there has been “a significant increase in the number of crisis calls identifying abuse or neglect as a reason for the call, with abuse calls up 33 percent and neglect calls up 54 percent between 2005-2008″ (National Runaway Switchboard Crisis Caller Trends, 2009, p. 2).

Youth in out-of-home care often choose conduct that does not ensure their own safety. They elope from foster homes, group homes, or other residential settings at an unknown rate. When children are known risks for eloping a court may find that it is the legal duty of the caregiver to take all prudent means to take appropriate preventative measures.

Instinctively, we are aware of the links between youths running away in general and youths eloping from out-of-home care. Social science research has made significant progress in describing runaway youth in general (Martinez, 2006; Sanchez, Waller, & Greene, 2006), but has made minimal inroads in accurately describing the phenomenon of youth eloping from out-of-home care.  Similarly, while federal laws and conventions exist to address runaways and missing children, scant legislative attention has been paid … Read More... “Caregiver Liability: When Kids Run from Foster Care”