Social Work and the Courts: A Casebook

Social Work and the Courts: A Casebook

Social Work and the Courts: A Casebook

Social Work and the Courts: A Casebook

Synopsis

Social Work and the Courts is a collection of important and cutting-edge court decisions in the field of human services. Pollack presents an array of legal cases in everyday language, with clear explanation of the facts and issues, and in-depth examination of the reasoning and implications of each verdict. With updates throughout, this second edition includes the most significant, timely, and relevant cases, paying particular attention to recent rulings in foster care and child welfare. The dissection and analysis of these influential cases makes this volume an excellent teaching tool and an essential resource for both social workers and policy makers.

Excerpt

A. CUSTODY

Bottoms v. Bottoms, 444 S.E.2d 276 (Va. App. 1994): As a matter of law, is a person who is involved in a sexually active lesbian relationship an unfit parent whose rights as a parent may be revoked and custody given to a third party? No.

In re Kirchner, 164 I11.2d 468 (1995): May a child be available for adoption if parental rights have not been properly terminated? No.

In re Marriage of Kovash, 858 P.2d 351 (Mont. 1993): May a court change the terms of a temporary custody order without definitely identifying a change in circumstances of the parties? Yes.

Sherman v. Sherman, 1994 Tenn. App. LEXIS 660: When a parent lives with or has contact with an HIV-positive person, can the court restrict visitation and require HIV testing in order to address the other parent's fear of the children's potential contact with the HIV-positive person? No.

State ex rel S.C. v. Chafin, 444 S.E.2d 62 (W. Va. 1994): Does a service plan filed by a department of human services constitute an adequate case plan for the placement of a child who is in the custody of the state? No.

Kingsley v. Kingsley, 623 So.2d 780 (Fla. App. 5 Dist. 1993): Do children have the right to initiate termination of their parents' rights and to petition for their own adoption proceedings? No.

Nance v. Arkansas Dept. of Human Services, 870 S.W.2d 721 (Ark. 1994): Does a juvenile court, having found a child to be dependent-neglected, have the authority to make a change of custody award? Yes.

In re Marriage of Carney, 598 P.2d 36 (Cal. 1979): Within the context of custody awards, does a disability necessarily imply an inability of a parent to serve in a child's best interest? No.

Brossoit v. Brossoit, 36 Cal. Rptr. 2d 919 (Cal. App. 1 Dist. 1995): In a child custody dispute, what law controls in determining which state has jurisdiction? The Uniform Child Custody Jurisdiction Act is controlling.

Mezo v. Elmergawi, 855 F. Supp. 59 (E.D. N.Y. 1994): If a country does not participate in the Hague Convention on the Civil Aspects of Child Abduction, may there be a valid claim filed under the Convention? No.

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