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June 2009

GEORGIA  

Ga. Supreme Court overturns ban on kids visiting father’s gay friends

Justices also reverse 10-year sentence of female teacher who had sex with former student

By: Matt Schafer. Sovo.com

6-19-09 -- In two separate decisions handed down this week, the Supreme Court of Georgia ruled a gay father does not have to shield his children from his gay friends and reversed a ruling that sentenced a female teacher to 10 years in prison for having an affair with a female 16-year-old former student. . . . The state Supreme Court chastised a ruling made by a Fayette County Superior Court judge in a divorce case for barring a gay man from allowing any of his gay or lesbian friends near his children. In the unanimous opinion, the justices said Fayette County Superior Court Judge Christopher Edwards abused his judicial discretion when he ordered that gay father Eric Mongerson was prohibited from allowing his children to be in contact with gay friends. . . . Edwards is one of several nominees for the seat on the high court that will be left open when Chief Justice Leah Ward Sears retires at the end of June. . . . The court also reversed the conviction of Melissa Lee Chase, who was sentenced to 10 years in prison and five years probation for having a sexual relationship with a 16-year-old former student. . . . The rulings were among a batch of decisions released on June 15.  

GEORGIA  

Court throws out ban on exposing children to gays

By Bill Rankin, The Atlanta Journal-Constitution

6-15-09 -- The Georgia Supreme Court on Monday threw out a judge’s order that prohibited children in a divorce case from having any contact with their father’s gay and lesbian friends. . . . The ruling was hailed by gay rights groups who said the decision focuses on the needs of children instead of perpetuating a stigma on the basis of sexual orientation. . . . The state high court’s decision overturned Fayette County Superior Court Judge Christopher Edwards’ blanket prohibition against exposing the children to their father’s gay partners and friends. . . . “Such an arbitrary classification based on sexual orientation flies in the face of our public policy that encourages divorced parents to participate in the raising of their children,” Justice Robert Benham wrote. / Decision in Mongerson v. Mongerson

CALIFORNIA

As L.A. County spun its wheels, children died

Innocents Betrayed

By Garrett Therolf, Los Angeles Times

6-14-09 -- Sarah Chavez was returned to the home of her great-aunt and great-uncle in Alhambra despite having shown signs of abuse. She later died, primarily from a severed lower intestine, caused by a blow to her abdomen, the coroner found. She had just turned 2. The uncle was later convicted of involuntary manslaughter and child abuse. The aunt pleaded no contest to being an accessory. . . . Agencies have long failed to share information that could save lives. Repeatedly, ghastly cases shock officials, who call for action, which eventually fizzles. An effective database remains elusive. . . . By the time he was rescued last year, the 5-year-old South Los Angeles boy was so malnourished his kidneys were failing. His hands were so badly burned he could barely open them. . . . Child welfare officials traced his history, trying to make sense of what had happened. According to documents obtained by The Times, they learned that eight separate agencies in Los Angeles County had pieces of information on the household: . . . One had evidence that the mother and her girlfriend were abused and neglected as children. Others knew both had committed violent crimes. Still others were aware that both women had been ordered into mental health treatment and that the sickly boy had missed appointments with county doctors. . . . Over the years, these agencies had come into contact with the boy or his caregivers 108 times -- yet no one had pieced together how much danger the child was in. Indeed, county social workers had closed a 2005 child abuse investigation because the evidence was "inconclusive." They might never have stepped in but for a concerned stranger who delivered the child into their hands.

WISCONSIN

Child-care providers with criminal past getting licenses, state funds

Cashing in on Kids | A Journal Sentinel Watchdog Report

By Raquel Rutledge of the Journal Sentinel

6-13-09 -- A couple of days before Thanksgiving in 1996, Lisa Johnson took her 12-year-old foster daughter to the basement, pulled out an extension cord and whipped her with it, repeatedly. . . . Johnson turned on some music and cranked up the volume to drown out the girl's cries. Still, other foster children in the house later told Milwaukee police that they could hear the girl beg for mercy. . . . "I swear to God, Mama, I will be good," the children reported hearing. . . . Good - meaning she would never chew gum in school again. . . . Johnson, now 42, was charged with felony child abuse and in 1997 pleaded guilty to battery and domestic abuse. Her foster license was revoked. . . . Yet three years later, she opened a certified day care center in Milwaukee County called Planting Seeds. . . . And as of April 2009, she had taken in more than $430,000 from the taxpayer-supported Wisconsin Shares child-care program, while running a center with numerous violations and recurring problems. . . . Johnson's story isn't that unusual. The Journal Sentinel found that child abusers and people who have committed other serious crimes are becoming licensed child-care providers and are earning hundreds of thousands of dollars through the Wisconsin Shares system. Nearly 500 child-care providers in Wisconsin with criminal records have received funding from the state in the first half of 2009 alone, according to a computer analysis by the Journal Sentinel. . . . The $350 million-a-year program subsidizes child-care costs for roughly 35,000 low-income working families. But the system has been easily scammed by parents and providers. . . . In addition to posing a potential safety risk to the state's neediest children, some criminals appear to be conning the child-care system, doctoring attendance records, the Journal Sentinel found.

MASSACHUSETTS

Kids attend prom from 'sexual hell'

You won't believe how children as young as 12 years old partied

By Chelsea Schilling, © 2009 WorldNetDaily

Note: This story contains material that readers might consider graphic and offensive.

6-12-09 -- Family advocates are outraged by a prom held at Boston City Hall that was open to children apparently as young as 12 featuring crossdressers, homosexual heavy petting, suspected drug use and a leather-clad doorman who teaches sexual bondage classes. . . . Children from middle schools and high schools across Massachusetts on May 9 attended a Youth Pride Day event ending with a prom inside of Boston City Hall sponsored by the Boston Alliance of Gay, Lesbian, Bisexual, Transgender Youth, or BAGLY, a group seated on the Massachusetts Commission for GLBT Youth. . . . Boston Mayor Thomas Menino issued a proclamation welcoming homosexual and transgender youth to the celebration. A man in drag introduced a homosexual activist from Menino's office to read the letter. A video of that proclamation is below. . . . MassResistance, an organization that describes itself as a pro-family action center, sent a 20-year-old college student named Max to the prom to take pictures and learn more about what Massachusetts children were doing there. . . . Brian Camenker of MassResistance said Max was astonished by the number of children who appeared to be between 12 and 14 years old. . . . "They look pretty darn young," Camenker told WND. "He said there were a lot of middle school kids there. It really bothered him." . . . The day's events began with a transgender Elvis and a parade. Attendees were given condoms and pro-homosexual material such as a bookmark for kids on how to get involved with several homosexual groups and "Transgender Rights Now" stickers. Then many children attended the prom that evening at City Hall.

NEW JERSEY  

N.J. justices uphold law in child sex abuse cases

Emotional effects key to timing of lawsuits

By Mary Fuchs, Statehouse Bureau

6-12-09 -- The state's highest court yesterday upheld a statute of limitations law that determines when victims of childhood sexual abuse can bring charges against their alleged abusers. . . . Advocates for sex abuse victims lauded the decision, saying the state Supreme Court was lending its authority to a law they say was loosely interpreted by lower court judges. . . . "It's a game-changer," said Stephen Rubino, a Margate lawyer who has represented victims in clergy sex scandals. . . . The Child Sexual Abuse Act, enacted in 1992, gives victims two years to sue the accused offender once they have realized the emotional and psychological effects of the abuse. But Rubino said courts often misinterpreted the law and threw out valid cases of sexual abuse. . . . "Trial courts routinely misunderstood the law. The test for most courts was, 'Do you remember the abuse,'" said Rubino. Remembering the abuse is not enough to show a victim completely understands the extent of the injuries caused by it, Rubino said.

GEORGIA  

Ga. Lawyers Pursue Family Values Vision With Abortion Case

State parental notification law at issue in case of minor who had abortion

Andy Peters, Fulton County Daily Report

6-8-09 -- Attorneys S. Fenn Little Jr. and Jonathan D. Crumly earn most of their money from construction law and criminal defense cases. But their passion is pressing litigation to protect religious freedom and their view of family values. . . . The two are pursuing litigation against an Atlanta-area abortion clinic that has gained nationwide attention among groups opposed to legal abortion. The attorneys also have been promised funding help from a conservative legal action organization. The case allows the courts an opportunity to clarify how diligent health care providers must be in complying with a state law that requires parental notification -- but not permission -- when a minor requests an abortion.

WEST VIRGINIA   

W.Va. court sides with gay couple in custody case

Tim Huber, Associated Press Writer, Daily Mail

6-5-09 -- The West Virginia Supreme Court ruled Friday that a gay couple should have custody of an 18-month old foster child, overturning a judge's order that the girl should be placed with a heterosexual couple who might adopt her. . . . In an unsigned opinion issued Friday, the court barred enforcing Fayette County Circuit Judge Paul Blake Jr.'s order that the girl should be taken away from Kathryn Kutil and Cheryl Hess. The girl has remained in the couple's custody throughout the court proceedings. . . . The court noted there was no reason to believe the girl wasn't thriving with Hess and Kutil, and said there was no legal reason to take her away from the couple. . . . "As a matter of fact, the court was never presented with any actual evaluation of the home or evidence of the quality of the relationship" the girl had with Kutil and Hess, the justices said. "All indications thus far are that (the girl) has formed a close emotional bond and nurturing relationship with her foster parents, which can not be trivialized or ignored."

FEDERAL COURTS

3rd Circuit: Parent Can't Read Bible to Son's Public School Class

Shannon P. Duffy, The Legal Intelligencer

6-2-09 -- In the court battles over prayer in school, the cutting-edge cases are increasingly coming from the kindergarten classrooms. . . . The latest such case, Busch v. Marple Newtown School District, attracted six friend-of-the-court briefs when it went before the 3rd U.S. Circuit Court of Appeals and resulted in a 48-page decision with all three judges on the panel weighing in. . . . Voting 2-1, the court rejected the claims of the mother of a kindergarten student who said public school officials violated her First Amendment rights when they prohibited her from reading verses from the Bible -- which she said was her son Wesley's favorite book -- during a program called "All About Me" week. . . . Writing for the court, 3rd Circuit Chief Judge Anthony J. Scirica said "parents of public school kindergarten students may reasonably expect their children will not become captive audiences to an adult's reading of religious texts."

CALIFORNIA

Children to Learn about Penguin with Two Daddies

Posted By Bobby Eberle, GOPUSA

6-2-09 -- Think back to when you were in elementary school. Those first years of education were (at least for me) so much fun. There was the thrill of math (don't laugh), the excitement of making new projects, and the joy of reading. These fundamentally important years were spent on... the fundamentals. They were done in a way that 6 to 11 year olds could understand, but the focus was clear: build a base of learning in math, reading, science, history, and more. . . . My how times have changed. Now, in addition to teaching the basics (in a watered-down way) and then letting the kids burn off energy by playing tag (oops... we can't do that anymore), the children are being exposed to the liberal ideology of gay, lesbian, and transgender issues. It appears that every lifestyle is not only accepted, but embraced... that is, unless you believe in traditional, religious definitions. . . . As noted in a story on CNSNews.com, "The Alameda, Calif., public schools are adopting a curriculum that will require first graders to read literature that equates same-sex unions with a family made up of a mother, father and child." . . . Members of the Alameda United School District (AUSD) school board voted 3 to 2 last week to implement the "Safe Schools" curriculum, which supporters say is aimed at stopping anti-homosexual bullying in schools. . . . The program includes between one and four lessons each year between grades 1 and 5 to introduce students to "LGBT" (lesbian, gay, bisexual, and transsexual) issues. . . . There are a number of problems here, and they speak to the liberal mindset and the problems our country is facing. The overall issue of whether you believe that gay marriage is right or wrong is not even one of the issues to which I am referring. That can be left for another day.

May 2009

FLORIDA  

Court: Fla. must recognize states' gay adoptions

The Associated Press, The Palm Beach Post

5-13-09 -- Florida must recognize gay couples' adoptions that were granted in other states even though its laws bar granting such adoptions, a state appeals court ruled Wednesday. . . . A trial court erred when it wouldn't recognize a former lesbian couple's adoptions that had been completed when the women lived in Washington state, the 2nd District Court of Appeal ruled unanimously. Florida is the only state that prohibits all gays from adopting, but the judges said the U.S. Constitution requires it to give "full faith and credit" to the actions of other states. . . . While living as a couple in Seattle, Kimberly Ryan and Lara Embry each gave birth to one child. Each then adopted the other's child as the second parent. They moved to Sarasota and then split up, originally agreeing to share custody. . . . Ryan then became engaged to a man and cut off contact between her biological child and Embry, saying that under her new Christian beliefs she didn't think the relationship was good for the child. Embry sued for custody.

NEW MEXICO  

Former Santa Fe judge jailed over child support

Associated Press NewsWest9.com

5-9-09 -- Former Santa Fe Municipal Judge Tom Fiorina is in jail for not paying child support of $13,500. . . . State District Judge Stephen Pfeffer ordered the 70-year-old Fiorina to be jailed for up to three months. No bail is set on the civil contempt order. . . . Fiorina was not available for comment. . . . As Santa Fe's municipal judge for 13 years, Fiorina was known for dismissing parking tickets for those who donated turkeys and other foods for distribution to the needy at Thanksgiving.

NEW YORK  

Kaye Scholer Partner Says She Was Wrong to Leave Kids on Curb

Jim Fitzgerald, The Associated Press

5-8-09 -- The New York suburban mother who ordered her bickering daughters out of her car and drove off without them said Thursday that she made a mistake. A charge against her is likely to be dismissed. . . . Madlyn Primoff, 45, a partner in Manhattan law firm Kaye Scholer, had touched off a national debate, with many people calling her irresponsible but admitting they've been tempted to do the same. . . . She discussed her actions for the first time after a judge said he would dismiss the child-endangerment charge against her in six months if she stayed out of trouble. . . . "Clearly, I made a mistake," Primoff said outside court, her husband Richard standing beside her. "But I truly love our children and I know that I am a good parent."

PENNSYLVANIA  

PA Child Care's Lawyers Say Payoffs to Former Judges Were for Case Fixing

Leo Strupczewski and Hank Grezlak, The Legal Intelligencer

5-5-09 -- In a potentially explosive document filed Monday, the attorneys for PA Child Care and Western PA Child Care claim that money paid to two former Luzerne County, Pa., judges was not a "kids for cash" arrangement, but was part of a corrupt courthouse system that included fixing civil cases. . . . The attorneys, who also represent Gregory Zappala and the juvenile detention facilities, allege that former Luzerne County President Judges Mark A. Ciavarella Jr. and Michael T. Conahan Jr. were paid more than $2.6 million for "favorable panels or results in automobile arbitration cases or other civil cases, and not for adjudication and commitment of the delinquents." . . . The child-care provider defendants in the case deny all knowledge of any alleged kickback scheme. . . . They claimed the "information relevant to this belief … is in the control of" the U.S. attorney for the Middle District of Pennsylvania. They also claimed that they could not conduct thorough discovery while the investigation is ongoing and that "if the outcome of the investigations is as provider defendants expects, all discovery will be unnecessary." . . . The allegations represent a clear departure from those made by federal authorities in criminal cases. . . . PA Child Care and Western PA Child Care, though, claim their allegations can be backed by Luzerne County Common Pleas Court judges and attorneys who have received target letters from federal investigators. . . . The attorneys for the juvenile detention centers, Bernard M. Schneider of Brucker Schneider & Porter in Pittsburgh and Jonathan Vipond III of Buchanan Ingersoll & Rooney in Harrisburg, Pa., did not provide the names of attorneys under investigation or specific judges. . . . The new allegations are found in a 32-page case management plan filed by plaintiffs in a series of civil cases against Ciavarella, Conahan, former PA Child Care co-owner Robert Powell, builder Robert K. Mericle, Zappala and several others. . . . Schneider did not return a reporter's phone call. Conahan's attorney, Philip Gelso, said he had no comment. Ciavarella, who is representing himself in the civil case, did not return a reporter's phone call. . . . When asked about the assertions, Martin C. Carlson, the acting U.S. attorney for the Middle District of Pennsylvania, said, "I wouldn't comment on speculative claims in civil litigation." . . . Marsha Levick of the Juvenile Law Center, which represents some of the plaintiffs, called the defense "ludicrous." . . . "I was surprised they put that in a public document," Levick said. "I wonder what the U.S. attorney will do with that." . . . She said that none of the assertions in the case management document, including that the payments were allegedly for fixing arbitration cases, "diminish our claims in any way."

Child Protective Services & the Business of 'Legalized Kidnapping'

by adeeba folami, www.opednews.com

5-1-09 -- The suffering endured by Africans who were kidnapped from their native land and brought to America as slaves is sometimes referred to as the Black holocaust, which some say ended years ago but, that is not the case according to parents who have had their children taken from them by the Denver Department of Human Service (DDHS) or the Adams County Social Service Department (ACSSD). Jo Nash-Conner’s son Quentin, 10, currently resides at Mount St. Vincents Children’s Home (MSVCH), a facility which proclaims to provide programs and services to “help children with a wide range of emotional and behavioral problems.” . . . Nash-Conner, however, has not found the center to be helpful and instead has been disallowed from visiting her son and has not seen him since February. The mother’s horror story began just over a year ago and is outlined in a typed statement entitled “A Declaration and A Desperate Mother’s Cry for Justice.” . . . “My 10-year-old son was kidnapped by the Child Protective Services (CPS) Department of DDHS on March 20, 2008,” she said. “My then 9-year-old son had walked away from our home on March 19, 2008 and was returned that evening by the Denver Police. I was informed that we would need to report to CPS for questioning the next day.” . . . So began the long journey which saw Quentin placed into two foster homes, the mental ward of Denver Health Medical Center (DHMC), back to a foster home, then to the Tennyson Home for Children (THC), the Ft. Logan Mental Hospital (FLMH), MSVCH, Children’s Hospital, back to Ft. Logan and then once again to MSVCH, where he is now. “All of this happened or is happening without my consent,” reads Nash-Conner’s statement. In an interview from her home, she explained she was originally charged with child abuse based on a CPS worker’s claim that marks were found on Quentin’s back and also that police said the boy accused his mother of hitting him. . . . Take action -- click here to contact your local newspaper or congress people:

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April 2009

FLORIDA  

Florida Supreme Court hears Bar's support of gay adoption case

By Kathleen Haughney • News Service of Florida

4-22-09 -- The Florida Supreme Court considered a case today that could affect a controversial gay rights case moving through the courts system. . . . The case at hand deals with whether a section of the Florida Bar can submit an amicus, or “friend of the court” brief on a gay adoption case in the Third District Court of Appeal, even though it is a politically divisive issue. . . . In November, a Miami-Dade circuit judge delivered a swift punch to a state law prohibiting the adoption of children by gay people. The court case involved 47-year-old Martin Gill, who hoped to adopt two young brothers he had cared for as foster children. The judge ruled that there was no rational reason to say that a gay person could provide foster care, but not adopt a child. . . . "Electing to parent and assume full responsibility for a child not one's own is one of the most noble decisions made in a lifetime; it is respected by many, considered by some, made by few and approved for fewer still," wrote Judge Cindy Lederman.

ALABAMA  

Judge criticizes zero-tolerance bully policies

By Megan Matteucci, The Atlanta Journal-Constitution

4-21-09 -- Students used to handle bullies on their own: with a good beatdown on the playground. . . . Now bullies and their victims are both punished for fighting. . . . Most schools across the metro area — and across the nation — have a “zero-tolerance” policy against fights, which means both the bully and the victim are disciplined, said Steven Teske, president of the Council of Juvenile Court Judges of Georgia. . . . “Zero tolerance is zero intelligence,” said Teske, a juvenile court judge in Clayton County. “It’s merely a political response, a knee-jerk reaction and often not put much thought is put into it.” . . . Last week, 11-year-old Jaheem Herrera committed suicide after relentless bullying at Dunaire Elementary School in DeKalb County, his family said.

MASSACHUSETTS   

Amid layoffs, child support pacts fraying

Stressed-out parents ask family court for help, relief

By Joseph P. Kahn, Globe Staff

4-13-09 -- A Massachusetts family court system that is strained during the best of times and taxed with implementing new child-support guidelines faces another challenge: divorced parents seeking relief from - or enforcement of - support arrangements as their financial and employment situations deteriorate. . . . Although the probate court system, which has jurisdiction over child-support cases, does not keep statistics on modification petitions, judges and lawyers within the system say such filings have increased noticeably in recent months as the ranks of the unemployed and underemployed have swollen. Layoffs, cutbacks, and battered investment portfolios have affected custodial and noncustodial parents on all ends of the socioeconomic spectrum, along with tens of thousands of Massachusetts children. . . . Nationally, the picture is just as grim, according to a survey released last month by the American Academy of Matrimonial Lawyers. The 1,600-member group reports a 39 percent increase in the number of divorced spouses seeking changes to child-support arrangements in a tight job market and deepening recession.

NEW YORK  

Same-Sex Partner Who Is Child's Genetic Mother Granted Adoption

Mark Fass,New York Law Journal

4-13-09 -- A Manhattan surrogate judge has granted an adoption petition filed on behalf of a woman whose donated egg was fertilized and then implanted in her same-sex partner. . . . Although the couple's Dutch marriage is recognized by New York and the donor's genetic relationship to the 15-month-old boy is "unquestioned," the donor filed for adoption in order to safeguard her parental rights under federal law and in the states that do not recognize the same-sex marriage. . . . The issue, Surrogate Kristin Booth Glen wrote in Matter of Sebastian (pdf), 38-08, is whether adoption is appropriate and permissible when the petitioner was not only legally married to the child's mother at conception and birth, but in fact is the child's genetic mother.

GENERAL

Associates provide pro bono help to untangle family kidnapping cases

Tasha Norman / Staff reporter

4-10-09 -- Three years ago, Sullivan & Worcester partner Barry Pollack launched the S&W International ChildFind Program, which provides pro bono legal assistance to parents of limited financial means whose children have been kidnapped by family members and taken overseas. The program also represents parents who feel compelled to take their children out of dangerous situations. . . . According to seventh-year associate Kevin M. Colmey and fourth-year associate Lindsay Barna, who both work on ChildFind cases, the program provides a unique training experience for associates who want to get involved in the cause and obtain courtroom experience. Colmey, a 2002 graduate of Syracuse University College of Law, is a member of the litigation department in the Boston office. Barna, a 2005 graduate of American University Washington College of Law, is a member of the environmental and natural resources department in the Washington office.

NEW HAMPSHIRE  

Chief judge launches internal review

Panel will investigate release of child rapists

By Annmarie Timmins Monitor staff

4-10-09 -- The chief justice of the state's superior courts has launched an investigation into why the Hillsborough County Superior Court missed deadlines that set free two child rapists deemed sexually violent predators. . . . The release of Raymond Fournier, 40, and Richard Hilton Jr., 49, on technicalities has outraged the public and prompted the state Senate on Wednesday to tighten the new state law governing violent sexual offenders. Fournier has settled in Mont Vernon with relatives; Hilton has moved to Manchester. . . . Wayne Sawyer, 45, a third sex offender also considered dangerous and likely to re-offend, could be released soon on the same technicality. At issue is a 10-day window in which the judges had to find probable cause to hold the men for further proceedings. The judge missed the deadline in each case by several days, according to court records.

FLORIDA  

Parents of hurt child say embattled attorney Clark Cone mishandled lawsuit

By Jane Musgrave, Palm Beach Post Staff Writer

4-8-09 -- The fallout from the downfall of a once respected West Palm Beach attorney continues. . . . A West Palm Beach couple that claims their son suffered hearing loss and possible neurological damage when he was misdiagnosed at St. Mary's and Palm Beach Gardens medical centers discovered their lawsuit was dismissed because their attorney A. Clark Cone mishandled the case. . . . At a hearing today, attorney David Kelley tried to persuade Palm Beach County Circuit Judge David French to let him salvage the lawsuit. . . . "It's a very sad story, and an unfortunate one," Kelley said. . . . Cone, whose ability to practice law was suspended by the Florida Supreme Court last month for using at least $600,000 meant for injured clients as his own, gave Shawn and Samantha Bennett no clue that he wasn't pursuing their lawsuit against the hospitals. When Cone didn't return their phone calls, they looked up the court records and discovered the suit had been dismissed, Kelley said. . . . Kelley said he has heard from at least one of Cone's other clients who is in a similar situation.

NEW JERSEY  

Top court blasts DYFS in custody case

The agency is criticized for placing two children without a hearing

By Mary Fuchs, Statehouse Bureau

4-8-09 -- The state Supreme Court yesterday criticized the state Division of Youth and Family Services for ending an investigation of a woman who had "abused and neglected" her two children, saying a full hearing process is needed before determining where children should live. . . . In a unanimous decision, the justices said DYFS and the trial judge should have decided in court where the children could live, free from harm, instead of awarding custody to the woman's ex-husband. . . . "Rather than relying on the wishes of the children, the division should have focused on whether the children could be safely returned to the custody of the mother," Justice John Wallace Jr. wrote. . . . Public defender Yvonne Smith Segars said the precedent-setting decision establishes rules all Family Court judges must now follow.

Editorial: 'Sexting' overkill

Philadelphia Inquirer 

4-6-09 -- Any district attorney who said he wanted to pursue one out of every five teenagers on felony child pornography charges would be laughed out of the courthouse - then booted from office by voters at the next election. . . . But that's the implication of the disturbing crackdowns by prosecutors in upstate Pennsylvania, North Jersey, and other communities over teens' immature practice of circulating racy photos of themselves by cell phone message and online. . . . Fully one-fifth of teenagers and a third of young adults in their early 20s have told pollsters that they have sent sexually suggestive text messages - so-called sexting - or posted nude or seminude photos of themselves on the Web. . . . Prosecutors like Wyoming County District Attorney George Skumanick Jr. say criminal charges against these teens is the best way to send a message on the dangers of children baring themselves in cyberspace. Perhaps, but they are on a fool's errand.

Sole custody harms kids: Report

Children "robbed of love" in divorce cases

Susan Pigg, Torstar News Service

4-3-09 -- Family court judges are misguidedly harming children by granting sole custody to one parent – usually the mother – in bitter divorce battles, says a comprehensive new report. . . . Too many children are being "robbed of the love of one parent" by a legal system that is out of touch with the needs of children and treats them like property to be won or lost, says Edward Kruk, an expert on child custody issues. . . . "The system is set up to polarize parents, to make them enemies, to set up fights over custody and exacerbate conflict rather than reduce it," says Kruk, an associate professor of social work at the University of British Columbia, whose three-year study is now in the hands of Canada's justice minister. . . . He calls what's happening in Canada's divorce courts "a national shame" that leaves families bankrupt from legal fees and pushing parents, especially fathers, to suicide. . . . Especially devastating are the long-term effects of court orders that essentially cut one parent out of children's lives – usually the dad – in a misguided effort to foster peace between warring parents, the report says.

FEDERAL COURTS

3rd Circuit: Kids Hurt by Vaccines Can't Pursue Design Defect Claims

Ruling could prompt U.S. Supreme Court to take up significant pre-emption case involving drug product liability

Shannon P. Duffy, The Legal Intelligencer

4-2-09 -- Pre-emption is the buzz word at the U.S. Supreme Court this year, and the 3rd U.S. Circuit Court of Appeals may just have done its part to pump up the volume of that buzz. . . . In a ruling that could prompt the justices to take up yet another significant pre-emption case in the area of drug products liability, the 3rd Circuit ruled that children allegedly injured by vaccines are barred from pursuing any design defect claims because Congress expressly prohibited such suits in an effort to guarantee immunity to manufacturers. . . . By rejecting the analysis of a recent ruling from the Georgia Supreme Court, the 3rd Circuit's Friday ruling in Bruesewitz v. Wyeth Inc. creates a direct split between the federal courts and a state's highest court on the question of how broadly courts should read the pre-emption clause in the National Childhood Vaccine Injury Act. . . . In its October 2008 decision in American Home Products Corp. v. Ferrari, the Georgia justices held that alleged victims of vaccine side effects have a right to court review of whether those side effects were truly "unavoidable."

FEDERAL COURT

Federal Judge Blocks Child Porn Charges Against Teens in 'Sexting' Case

Michael Rubinkam, The Associated Press

4-1-09 -- A federal judge on Monday temporarily blocked a prosecutor from filing child pornography charges against three northeastern Pennsylvania teenagers who appeared in racy photos that turned up on classmates' cell phones. . . . U.S. District Judge James Munley ruled against Wyoming County District Attorney George Skumanick Jr., who has threatened to pursue felony charges against the girls unless they agree to participate in a five-week after-school program. . . . One picture showed two of the girls in their bras. The second photo showed another girl just out of the shower and topless, with a towel wrapped around her waist.

March 2009

GEORGIA  

Jury Awards $2.3 Million for Botched Circumcision

Katheryn Hayes Tucker, Fulton County Daily Report

3-31-09 --A Fulton County, Ga., State Court jury on Friday awarded a 4-year-old boy and his mother $2.3 million in damages from an injury the boy suffered during a circumcision when he was an infant. . . . The jury awarded $1.8 million to the boy and $500,000 to the mother, whose name the Fulton County Daily Report is not reporting to protect her son's privacy. . . . The jury did not find the hospital, Tenet South Fulton Medical Center, negligent. It laid the blame on two doctors, Haiba Sonyika, the obstetrician who performed the circumcision, and Cheryl J. Kendall, the pediatrician who treated the child later. . . . Represented by David J. Llewellyn of Johnson & Ward and Craig T. Jones of Edmond Jones Lindsay, the plaintiffs convinced the jury that Sonyika cut off a portion of the boy's penis in the circumcision -- a part that could have been re-attached if the pediatrician, Kendall, had acted quickly enough to come to the boy's aid. . . . Kendall's attorneys, Roger E. Harris and Shannon C. Shipley of Owen, Gleaton, Egan, Jones & Sweeney, are "evaluating appeal options," according to Harris. "We believe the verdict against Dr. Kendall was unjustified and not supported by the evidence against her," Harris said. "We believe there were errors in the case."

PENNSYLVANIA  

Juvenile Records to Be Expunged in Response to Judicial Kickback Case

Leo Strupczewski, The Legal Intelligencer

3-30-09 -- The Pennsylvania Supreme Court has granted a senior judge from Berks County the authority to expunge the records of a "substantial number" of juveniles who appeared before former Luzerne County President Judge Mark A. Ciavarella Jr. between 2003 and 2008. . . . The decision comes two weeks after Senior Judge Arthur E. Grim recommended that the justices allow him to expunge the records of juveniles who had been charged with summary offenses and certain low-level misdemeanors and who were not represented by an attorney when they appeared before Ciavarella. . . . "The basis for my recommendation below that certain categories of cases should have the consent decrees and/or adjudications therein vacated and the records expunged, rather than having new proceedings is this," Grim wrote. "Had the juveniles in these cases been represented by competent counsel, had they appeared before an impartial tribunal, and had their other constitutional rights been protected, the vast majority of cases would have resulted in consent decrees, or some lesser sanction. Had these cases resulted in consent decrees or lesser sanctions, all the juveniles would be entitled to have their juvenile delinquency case records expunged by now pursuant to 18 Pa.C.S. § 9123."

A debate swirls over teens' lurid pictures

Should self-portraits draw harsh penalties?

By Jennifer Golson And Joe Ryan, Star-Ledger Staff

3-29-09 -- In Pennsylvania, authorities are threatening to prosecute three teenage girls after finding risqué images of them on a cell phone. . . . In Indiana, a middle-school boy faces obscenity charges for transmitting naked photos of himself to female classmates. . . . And last week in Passaic County, authorities accused a 14-year-old Clifton girl of distributing child pornography, saying she posted nude portraits of herself on MySpace. . . . In a growing number of states, law enforcement agencies are cracking down on teens who use cell phones and social networking sites to share lurid photographs. Prosecutors say they are trying to stamp out a dangerous trend. But their use of stringent child-pornography and sex-offender laws has ignited a debate. . . . "Do we really want to tag this 14-year-old girl as a sex offender for the next 30 years?" asked Bill Albert, spokesman for the National Campaign to Prevent Teen and Unplanned Pregnancy. "Communities nationwide are scratching their heads about what role, if any, law enforcement should play in these cases."

NEW JERSEY

Girl Faces Child Porn Charges for Posting Nude Photos of Herself on MySpace

Beth DeFalco, The Associated Press

3-27-09 -- A 14-year-old New Jersey girl has been accused of child pornography after posting nearly 30 explicit nude pictures of herself on MySpace.com -- charges that could force her to register as a sex offender if convicted. . . . The case comes as prosecutors nationwide pursue child pornography cases resulting from kids sending nude photos to one another over cell phones and e-mail. Legal experts, though, could not recall another case of a child porn charge resulting from a teen's posting to a social networking site. . . . MySpace would not comment on the New Jersey investigation, but the company has a team that reviews its network for inappropriate images. The National Center for Missing and Exploited Children tipped off a state task force, which alerted the Passaic County Sheriff's Office. . . . The office investigated and discovered the Clifton resident had posted the "very explicit" photos of herself, sheriff's spokesman Bill Maer said Thursday.

PENNSYLVANIA  

Clean Slates for Youths Sentenced Fraudulently

By John Schwartz, New York Times

3-26-09 -- The Supreme Court of Pennsylvania on Thursday ordered the slate cleaned for hundreds of youths who had been sentenced by a corrupt judge. . . . The young people had been sent to privately run detention centers from 2003 to 2008 as part of a judicial kickback scheme that shocked Pennsylvania and the nation. The judge in the cases, Mark A. Ciavarella Jr. of Luzerne County, is one of two who pleaded guilty last month to wire fraud and conspiracy for taking more than $2.6 million in kickbacks. . . . The exact number of records to be expunged was not stated in the court’s order; a special master is investigating the cases. . . . Judge Ciavarella and the other judge, Michael T. Conahan, admitted that they had agreed to send teenagers to two privately run youth detention centers that paid them for the business. Under their agreements, the judges will serve 87 months in federal prison and will resign from the bench and from the bar.

ACLU Sues DA Over Threat to Prosecute 'Sexting' Teens

Shannon P. Duffy, The Legal Intelligencer

3-26-09 -- In one of the first civil rights suits to focus on the growing practice of "sexting," lawyers for the ACLU of Pennsylvania will be asking a federal judge Thursday to protect three teenage girls from the threat of criminal charges for using their cell phones to take and send semi-nude photographs of themselves. . . . The suit accuses Wyoming County District Attorney George Skumanick Jr. of violating the three girls' First Amendment rights and seeks a court declaration that the photos "are not child pornography or any other crime." . . . "Kids should be taught that sharing digitized images of themselves in embarrassing or compromised positions can have bad consequences, but prosecutors should not be using heavy artillery like child-pornography charges to teach them that lesson," said Witold Walczak, the legal director of the ACLU of Pennsylvania. "These are just kids being irresponsible and careless; they are not criminals."

LOUISIANA   

La. must add 2 dads' names to birth certificate

By Janet McConnaughey, Associated Press Writer, San Jose Mercury News

3-19-09 -- Louisiana has 15 days to add the names of both fathers to the birth certificate of a boy born in Shreveport and adopted by a gay couple from out-of-state, a federal judge has ruled. . . . The state is asking the 5th U.S. Circuit Court of Appeals to overturn the ruling by U.S. District Judge Jay Zainey, and to halt the order in the meantime, state Attorney General Buddy Caldwell said Thursday. . . . "The federal district court has significantly misinterpreted Louisiana vital records law, forcing Louisiana to import and adopt New York law," he wrote in a brief e-mailed statement. . . . Oren Adar and Mickey Ray Smith, who now live in San Diego, but adopted the boy in New York state, want both their names on his birth certificate.

TEXAS

Funding a child custody case: Attorney’s fees are only part of it.

James Roark, Houston Family Law Examiner

3-19-09 – A hotly contested child custody case in Harris County is likely to rack up some hefty attorney’s fees.  No surprise there.  Not everyone has the ready funds to match an attorney’s retainer demands in such cases. . . . Often, waiting to save up for a retainer is not an option.  Either you have been served a petition and have a short time to respond, or you learn of a situation that requires fast legal action to assure the well-being of the child. You manage to pull it together from a variety of sources, at least enough to get things started. At least now you have some breathing room, right?  Maybe. . . . The first order of business is the hearing for temporary orders.  That is, giving the court a preliminary presentation of the facts so it can set some ground rules for the parties to abide by during the pendency of the case.  Witnesses testify, documents, pictures, and other exhibits are presented.  What follows is hypothetical, but not beyond the realm of possibilities. . . . The judge can’t decide and needs more facts.  An amicus attorney is appointed to represent the child.  Ideally, this attorney will interview you, the child, the other party, and visit the homes to compare living environments, and participate in all other aspects of the case.  
Cost: $1500 per side to start, and if it goes to trial, could be more than what you pay your own attorney.

Sexting, Seduction and Spring Breaks

by Chuck Norris

3-18-09 -- Sending nude photos and sexual videos via cell phone (called "sexting") is a fast-growing and dangerous trend among youths. And with spring breaks upon us, YouTube won't be the only one streaming videos during these juvenile siestas. . . . Sexting is not new, but it is on the rise. Cases are bubbling up all over the country. Just this past week in Virginia, at least two Spotsylvania County students were facing child pornography charges in a sexting case. The naked images of three girls (including an elementary-school student) were discovered on seven phones and traced back to the two accused students. . . . Last month, high-school girls in Greensburg, Pa., also were charged with child pornography after they sent semi-nude photos of themselves to male classmates. . . . Other similar incidents have resulted in charges in Ohio, Kentucky, Wisconsin, Georgia and Florida. Law enforcement has been called out recently to investigate sexting-related crimes by dozens of teens in many states across the nation. . . . And sexting is not just a male-dominant problem. A new national survey says that at least one-fifth of all youths have sent nude or explicit photos or videos of themselves via cell phone or have posted such images online.

ARKANSAS  

Trial on adoption ban approved

By John Lynch

3-18-09 -- A lawsuit seeking to undo Arkansas' voter-approved law limiting access to adoption and foster care survived its first challenge on Tuesday when a Pulaski County circuit judge ruled the case should go to trial. . . . But Judge Chris Piazza did side with state attorneys in throwing out one part of the 11-point lawsuit by the American Civil Liberties Union - a challenge to the title of the ballot initiative that became Initiated Act 1 of 2008 by attracting 57 percent of the vote in the November election. The ACLU, representing 24 adults and children, is seeking to overturn the law, which bars cohabiting unmarried adults from fostering or adopting children, claiming the measure is unconstitutional. . . . Piazza concluded Tuesday's 1 1 /2-hour hearing by finding the ACLU had raised enough questions about the validity of the law to proceed to trial, setting a Dec. 7 date for proceedings expected to last two weeks. The judge indicated he had some doubts about the ACLU's interpretations of federal constitutional law, and said he might be swayed by further arguments as the case progresses.

ILLINOIS  

Sagging economy hits child support

More Kane parents appealing to courts for reduced child support, citing unemployment

By Gloria Carr, scn1.com

3-15-09 -- The argument spilled out into the hallway of Courtroom 101, where an anxious dad paced back and forth. He stopped, then leaned against a wall and touched his jaw as the mother of his child and her new partner berated him over missed child support payments. . . . The air became so tense; a guard was quickly called. . . . A few feet away, Joanna Ramirez sat with her 5-year-old son. The boy paid no attention to the grown-ups around him. He played in the hallway, happily zigzagging between his parents, who were sitting on benches on opposite sides of the hallway. He laughed heartily as his father tried grabbing his hand and catching him. . . . Reality hits home. . . .Courtroom 101 at the Kane County Judicial Center can be a place of conflicting emotions. This is where sometimes still-angry ex-spouses square off over child support, whether it is to ask for more or for a reduction. . . . It is a safe place -- there are security guards going in and out maintaining order -- but emotions run high. Nowadays, those feelings are even more raw as the sagging economy has custodial and noncustodial parents struggling and heading back to court to renegotiate child support. . . . Kane County Assistant State's Attorney Marzenia Vandeburgt has noticed more motions being filed to reduce child support, usually because noncustodial parents are losing their jobs or had hours slashed.

MINNESOTA

Parents sue state over babies' DNA

Minnesota accused of depriving newborns 'of lawful privacy rights'

By Bob Unruh, © 2009 WorldNetDaily

3-12-09 -- Nine families have filed a lawsuit against Minnesota's health department over its practice of collecting DNA from newborns and then keeping and using the private information. . . . The announcement was made by the Citizens' Council on Health Care, which said the department has been violating the state's 2006 genetic privacy law by collecting, storing, using and disseminating blood samples and DNA information. . . . Agency spokesman John Stine said the lawsuit was being reviewed, but he confirmed the department takes the blood samples from about 70,000 infants annually, and unless the parents specifically choose to opt out of the program, their children's DNA is saved. . . . He said the agency relies on "clinicians" to let parents know of the requirement that they choose to opt out of the program and only provides that information to parents through a website and if they call and ask.

ARKANSAS  

Ark. judge allows group to help defend foster law

By Andrew DeMillo, Associated Press

3-6-09 -- A conservative group behind a successful ballot measure banning unmarried couples from adopting or fostering children can help defend the ban in a lawsuit, a judge ruled Friday. . . .Pulaski County Circuit Judge Chris Piazza said he believes allowing the Arkansas Family Council's request to help the state defend the law would allow the case to be "fully developed." . . . "I'm a firm believer that you can't be afraid of what someone is going to say," Piazza said. . . . Byron Babione, an attorney for the family council, said it had a unique interest in the case because it pushed to get the measure on the November ballot and mobilized volunteers during its successful fall campaign. . . . He noted that Gov. Mike Beebe and state Attorney General Dustin McDaniel, both Democrats, opposed the measure, and that McDaniel's political action committee gave $1,000 to a group that campaigned against the restriction.

VERMONT  

Custody case of same-sex couple back in state court

Woman filed suit to be sole parent in Frederick in 2004

By Garren Shipley -- Daily Staff Writer

3-4-09 -- A two-state, same sex custody fight is once again making its way through Virginia courts. . . . Lisa Miller, formerly of Winchester, has asked the Virginia Court of Appeals to overturn a Frederick County Circuit Court judge's decision and prevent the enforcement of a visitation order from a Vermont court. . . . Miller and Janet Jenkins, who were until recently both known by their shared surname Miller-Jenkins, became romantically involved in 1997. In late 2000 they traveled to Vermont to be joined in a civil union. . . . The two later decided to have a child via artificial insemination, and Isabella was born in April 2002, not long before the couple moved to Vermont. . . . The relationship went sour a little over a year later, and Miller filed papers to dissolve their civil union. On July 1, 2004, she also filed suit in Frederick County Circuit Court seeking to be declared Isabella's sole parent. . . . Since then, the case has bounced back and forth among courts in both Virginia and Vermont as the two sides fought for jurisdiction over the matter. . . . In the end, both the Vermont and Virginia supreme courts either ruled or let stand rulings giving Vermont's legal system the final say in the matter. . . . The Virginia Supreme Court ruled in June that Miller's legal team had not appealed the case in a timely fashion -- the legal equivalent of giving up. . . . Miller might have some support on the seven-member panel.

ARKANSAS   

ACLU Asks Judge To Keep Adoptions Suit Alive

by Andrew Demillo, Associated Press

3-2-09 -- An Arkansas law banning unmarried couples from adopting or fostering children does not help promote marriage because the state does not allow gay or lesbian couples to wed, opponents of the act told a state judge Friday. . . . The Arkansas chapter of the American Civil Liberties Union asked Pulaski County Circuit Court Judge Chris Piazza to deny the state’s attempt to dismiss a lawsuit over the new law, which went into effect Jan. 1 after voters approved the ban in November. . . . Attorney General Dustin McDaniel asked Piazza in January to dismiss the group’s challenge of the initiated act. . . . In a brief filed Friday, the ACLU rejected the state’s argument the initiated act promotes a legitimate state interest in marriage.

STRIP-SEARCHING KIDS

A bad prescription

Vivian Berger / Special to The National Law Journal

3-2-09 -- With ever younger children abusing an increasing smorgasbord of substances, schools have become the front line of defense against this troubling trend. On the one hand, educators cannot responsibly ignore tips that students may be ingesting or distributing dangerous drugs — information that may require verification by bodily searches. On the other hand, public employees are constrained by the Constitution: The U.S. Supreme Court has long recognized that students do not abandon their rights at the schoolhouse door and are entitled to obtain redress if these are infringed on. Yet school personnel are not law enforcement officers, trained in the subtleties of changing search and seizure doctrine. Thus, administrators confront the Hobson's choice of doing too much and doing too little, when either option threatens to invite community outrage and civil suits. But sympathy for these officials' plight should not eclipse concern for students who endure extreme intrusions — often because of dubious, if good- faith, judgment calls. . . . On Jan. 16, the Supreme Court granted certiorari in Reddick v. Safford Unified School District. This case reviews whether the en banc 9th U.S. Circuit Court of Appeals erred in holding unconstitutional the strip search of a 13-year old eighth-grade girl believed to possess prescription-strength ibuprofen, and in rejecting qualified immunity for Kerry Wilson, the assistant principal who ordered the search. Although the war on drugs has yielded countless casualties over the years, rarely have its victims been as young, and imposed upon, as Savana Redding.

FLORIDA  

Florida judge criticized for castigating runaway foster child

By Carol Marbin Miller, The Miami Herald

3-1-09 -- A child-welfare judge drew the ire of his chief and local children's advocates when he told a 15-year-old runaway foster child she would end up a "toothless, dead crack whore" if she didn't mend her ways. . . . Exasperated that the girl was refusing to return to a home where she said her caregiver hit and cursed at her, Miami-Dade Circuit Judge Spencer Eig lectured the sobbing teen about making bad choices during a hearing Tuesday. . . . "You're throwing your life away," Eig told the girl. "You could end up on the street toothless. You've seen these toothless hags on the street? You know how they get there? They blow their opportunities in life when they're 15. They run away ... people turn them into whores." . . . He added, "Toothless, dead crack whore; dead at age 19? Is that the destiny you're looking for?"

February 2009

OHIO

Judge tells Whitehall parents tying boy to bed, chair too extreme

By Bruce Cadwallader, The Columbus Dispatch

2-25-09 -- A Whitehall couple were placed on probation yesterday after a judge sternly reminded them that tying their hyperactive son to a bed and chair was a crime. . . . Kimberly A. Bogardus, 33, and Dennis O. Desenberg, 49, were each charged with two felony counts of child endangering after Bogardus' 12-year-old son told a clinical counselor about the abuse in April 2007. . . . The counselor contacted Whitehall police, who found a rope tied to a bed in the home at 4689 Harbinger Circle W. . . . The couple said they tied the boy to the bed to control his night wanderings and tied him to a chair because he violated house rules. . . . An investigation showed that the restraints left marks on his wrists and ankles and that he was not permitted out of bed to use the bathroom.

Court Battle Over a Child Strains Ties in 2 Nations

By Kirk Semple

2-24-09 -- When David Goldman’s wife, Bruna, and their 4-year-old son, Sean, boarded a plane at Newark Liberty International Airport in June 2004, Mr. Goldman was planning to join them a week later in Rio de Janeiro. Several days later, Ms. Goldman called and said she wanted a divorce. She was staying in Brazil, her native country, and so was the boy, she announced. . . . With that call, the Goldman family was sent into a high-profile international abduction and custody case that continues in American and Brazilian courts and has now reached the highest levels of the Obama administration. . . . Mr. Goldman has seen his son, now 8, only once since the boy boarded that flight: a fleeting reunion in Rio this month. And he never saw his wife again. She died of complications from the birth of a daughter with her second husband, a lawyer who represented her against Mr. Goldman. . . . The case has become a sore point in the relationship between the United States and Brazil and may be on the agenda when Secretary of State Hillary Rodham Clinton and Celso Amorim, the Brazilian foreign minister, meet on Wednesday afternoon in advance of a scheduled meeting next month between President Obama and the Brazilian president, Luis Inácio Lula da Silva, former and current State Department officials said.

FEDERAL COURTS

Vaccine Ruling Could Spur Appeals, Suits in State Court

Jordan Weissmann, Legal Times

2-13-09 -- By finding that vaccines do not play a role in causing autism, the U.S. Court of Federal Claims handed a significant defeat Thursday to thousands of parents who blame the injections for their childrens' disorders. . . . But while the rulings may prove to be a major hurdle for their cause, lawyers for many of the plaintiffs say their legal efforts may only just be starting. They are already contemplating possible appeals, and talking about suing the pharmaceutical companies directly. . . . The decisions were handed down Thursday in a trio of test cases meant to help guide future decisions by the claims court. More than 5,500 families have filed autism-related claims in the Federal Vaccine Compensation Program, many of which have been pending for more than a decade.

PENNSYLVANIA  

Pa. Judges Plead Guilty in Cash-for-Kids Corruption Scandal

Leo Strupczewski, The Legal Intelligencer

2-13-09 -- In a proceeding devoid of drama, two Luzerne County, Pa., judges told a federal court judge Thursday they were guilty of accepting more than $2.6 million in kickbacks from the owner and builder of two juvenile detention centers. . . . Former President Judge Mark A. Ciavarella Jr. and retired Judge Michael T. Conahan sat quietly for about 75 minutes, speaking only when U.S. District Judge Edwin Kosik spoke to them. They answered in short sentences and alternated between folding their hands and resting their chins on their hands. . . . They pleaded guilty to both counts -- honest services wire fraud and conspiracy to defraud the United States -- in the criminal information filed against them.

Suit Names 2 Judges Accused in a Kickback Case

By Ian Urbina

2-13-09 -- Several hundred families filed a class-action suit Friday against two Pennsylvania judges who pleaded guilty on Thursday to accepting $2.6 million in kickbacks for sending juveniles to private detention facilities. . . . “At the hands of two grossly corrupt judges and several conspirators, hundreds of Pennsylvania children, their families and loved ones, were victimized and their civil rights were violated,” said Michael J. Cefalo, one of the lawyers representing the families. “It’s our intent to make sure that the system rights this terrible injustice and holds those responsible accountable.” . . . Pennsylvania lawmakers called on Friday for hearings into the state’s juvenile justice system. And the Juvenile Justice Law Center in Philadelphia, which blew the whistle on the judges, said it had sworn affidavits from families who said they had sought court-appointed counsel but were told that their children would have to wait weeks, sometimes months, for a lawyer. During that time, the children would have to remain in detention, the families said.

Judge picked to review Ciavarella juvenile cases

By Terrie Morgan-Besecker, a Times Leader staff writer, Law & Order Reporter

2-13-09 -- The state Supreme Court has appointed a senior Berks County judge to review potentially thousands of cases that were handled by Luzerne County juvenile court judge Mark Ciavarella dating back to 2003. . . . In appointing Senior Judge Arthur E. Grim, the high court said it wanted to ensure a thorough review is conducted of all cases to determine whether a “travesty of juvenile justice” occurred under Ciavarella’s tenure, and, if so, to take whatever action is necessary to provide relief to the affected juveniles. . . . That relief could include holding new hearings, filing petitions to expunge their records or to vacate their adjudications entirely, the court said. . . . The court was prompted to act following the filing of criminal charges on Jan. 26 against Ciavarella and Judge Michael Conahan that alleged, in part, the judges profited from Ciavarella’s sentencing of juveniles to detention centers once owned by Butler Township attorney Robert Powell.

MASSACHUSETTS   

Mass. court voids DYS custody based on 'dangerousness'

Justices' ruling to free 12 held

By Shelley Murphy, Globe Staff

2-11-09 -- The highest court in Massachusetts struck down a law yesterday that allows the state to keep juvenile offenders who are slated to be released at 18 in custody for three more years if they are believed to be dangerous. . . . The Supreme Judicial Court's ruling that the law is unconstitutional will result in the release of a dozen juvenile offenders whom state officials had kept incarcerated after their 18th birthday. . . . One of those was among a group of young offenders who had challenged the law. The high court wrote that the law fails to define dangerousness, gives "unbridled discretion" to the Department of Youth Services, and violates the due-process rights of offenders. . . . "The language contains no indication of the nature and degree of dangerousness that would justify continued commitment and offers the department no guidance on how to make such a determination," wrote Justice Judith Cowin.

DELAWARE

Child custody involves more than legal rights

The News Journal Opinion

2-9-09 -- Emotional bonds between children and loving adults who have acted as their guardian are undeniable. . . . But they are not sacrosanct, Delaware’s Supreme Court has unfortunately but lawfully ruled. . . . The decision came in a dispute between two women whose 10-year, same-sex relationship ended 13 months after one of them adopted a child. . . . After the 2004 breakup, the woman without legal adoptive status sought custody of the child. She won her argument in Family Court, which ruled that the bond between her and the child was sufficient to award parental rights. The adoptive parent appealed. . . . Unanimously the state’s high court said that to seek custody of a child, an adult must have legal parental status - not just an emotional bond. In short, except in cases of abuse or neglect, no one but a legally recognized parent can seek custody. . . . This decision strikes at a traditional assumption: A consistent, committed level of care and involvement with a child has the same value as legally granted custodial agreements.

FEDERAL COURTS

Judge in autism case injects insult to Sarah Palin

By Thomas Zambito, Daily News Staff Writer

2-6-09 --A federal judge got political Wednesday, taking a swipe at Sarah Palin while powwowing with lawyers in the case of an autistic boy whose parents are fighting a ban on big dogs at their luxury upper East Side building. . . . Manhattan Federal Judge Naomi Reice Buchwald blasted the Alaska governor and former vice presidential candidate for bringing her Down syndrome child on stage after a debate. . . . "That kid was used as a prop," Buchwald told lawyers during a hearing on Wednesday. "And that to me as a parent blew my mind." . . . Buchwald, a 62-year-old Democrat appointed by former President Bill Clinton, said Palin should have put her child to bed. Such conferences are often held behind closed doors, but Buchwald held yesterday's session in open court. "Tell me who told the reporter," Buchwald demanded after realizing her words were on the record.

DELAWARE

Court says lesbian can't seek child custody

By Randall Chase, Associated Press Writer

2-6-09 -- A lower court judge was wrong to grant a lesbian joint custody of her former partner's adopted daughter, the Delaware Supreme Court has ruled. . . . . In a unanimous decision handed down this week, the justices said the woman had no standing to petition for custody in Family Court because she was not the child's legal parent. The court affirmed that under Delaware law, a person who is considered a "de facto" parent of a child does not have the same rights as a legal parent and is not entitled to custody. . . . . Citing existing law, Justice Randy Holland wrote that a person who does not qualify as a legal parent has no standing to petition for custody of a child unless the child is dependent or neglected and a judge determines that he or she should not be placed in the custody of the legal parent.

CONNECTICUT  

Judges concerned about how custody battles affect mental health of children

Video offers advice to divorcing parents

By Amanda Norris, Hour Staff Writer

2-1-09 -- A new video created by the state's Judicial Branch is urging divorcing parents to set aside their own concerns and settle their disputes out of court for the benefit of their children. . . . Two Superior Court judges got tired of wielding Solomon's sword after learning about the specific impact of custody battles on children's mental health. . . . Psychological research conducted at Massachusetts General Hospital has had a shocking impact on the legal community, according to family court Judge Elaine Gordon, who is featured in the 20-minute long video. . . . Researchers found that children who are subjected to high-conflict custody disputes, that is those that take a judge's ruling or court orders to resolve, have the same psychological profile as children whose parents have had their custodial rights severed due to neglect or abuse. . . . Called "Putting Children First: Minimizing Conflict in Custody Disputes," the video's production was spearheaded by Gordon and Judge Linda Munro, who both have decades of experience as lawyers and judges. The video has become the latest tool for divorce lawyers and therapists, who seem to agree with the judges that everyone benefits when conflicts are minimized and resolved quickly. . . . In the video, Gordon emphasizes that the stereotype of divorce as being ugly and contentious of necessity is not true. The statistics Gordon quotes from the Massachusetts General study only apply to the 10 percent of cases, those considered "high conflict."

January 2009

Attorney: Lesbian custody case now an 'agenda' item

Charlie Butts - OneNewsNow

1-27-09 -- A lesbian child custody case goes back to court this week. . . . Lisa Miller had a child named Isabella while in a lesbian relationship with Janet Jenkins in Vermont, but Miller left the relationship after converting to Christianity and moved to Virginia. Now, a Virginia judge is honoring Vermont's civil union law by ordering that Jenkins have visitation rights. (Previous article) . . . Mat Staver of Liberty Counsel says that ruling was handed down in court with all three present. He notes Isabella has been negatively affected by the forced visitations. . . . "Just for a little while visiting with Janet, Isabella has already had a reaction," he notes. "And in fact little Isabella, six-and-a-half years old who otherwise is just an absolutely adorable little girl, came away from that visitation and said she wished she were dead."

OREGON  

Judge criticized for allowing child-rape suspect care for son

The Associated Press, Seattle PI

1-24-09 -- The Oregon attorney general's office has accused a Clackamas County judge of gross abuse of discretion for ordering bail for a child-rape suspect to help decide custody for his 13-year-old son. . . . Judge Deanne Darling had ordered state child welfare officials to help release Russell Paul Hamblen of Wilsonville, who had been charged in April with rape, sodomy and sexual abuse of underage teenage girls. . . . The judge said Hamblen should have a chance to care for his son while the case was pending because his wife, Christine, suffers from drug and alcohol abuse and has her own legal problems. . . . The boy, meanwhile, remains in foster care. . . . The attorney general's office called the bail order unprecedented and inappropriate, and appealed it to the Oregon Court of Appeals. . . . The appeals court stayed Darling's bail order last month but declined to release a copy of its decision or related documents. . . . The paperwork was released Thursday in response to a motion filed by The Oregonian.

HAWAII   

Judge stumbled on child-abuse ruling

Honolulu Star-Bulletin Opinion

1-23-09 -- An outwardly indignant state judge finally succumbed to the law in ordering a woman convicted of child abuse to wait behind bars during an appeal based on her assertion that she is untouchable by Hawaii law. The appeal lacks an ounce of merit, as the judge should have recognized from the outset before mistakenly allowing the defendant to be free during the appeal. . . . The error might have escaped public notice if the crime had not been so heinous. Rita Makekau was accused of mistreating her sister's five sons and daughter, now ages 10 to 18, in her custody. She did not deny accusations that she hit their heads with knifes and cans of dog food, their fingers with metal and wooden spoons and their mouths with a hammer. . . . Instead, Makekau, who calls herself royal minister of foreign affairs for the separatist "Hawaiian Kingdom Government," claims to be immune from state and U.S. laws. Like other state laws, Hawaii's law allows defendants to remain free while awaiting the process of a meritorious appeal. By allowing Makekau to remain free last month, Circuit Judge Virginia Crandall essentially found that her claim of immunity had merit. The judge claims the deputy prosecutor assigned to the case did not object during plea negotiations to granting bail to Makekau, who pleaded no contest. Crandall said the deputy left the issue of bail up to the judge, which would have been either complacent or overconfident. . . . City Prosecutor Peter Carlisle was outraged by the judge's misstep, and Crandall accused him of having been "very disrespectful of this court and the judicial process." Responded Carlisle: "The key here is a wrong has been righted, and this lady is in jail where she belongs." . . . An outwardly indignant state judge finally succumbed to the law in ordering a woman convicted of child abuse to wait behind bars during an appeal based on her assertion that she is untouchable by Hawaii law. The appeal lacks an ounce of merit, as the judge should have recognized from the outset before mistakenly allowing the defendant to be free during the appeal. . . . The error might have escaped public notice if the crime had not been so heinous. Rita Makekau was accused of mistreating her sister's five sons and daughter, now ages 10 to 18, in her custody. She did not deny accusations that she hit their heads with knifes and cans of dog food, their fingers with metal and wooden spoons and their mouths with a hammer. . . . Instead, Makekau, who calls herself royal minister of foreign affairs for the separatist "Hawaiian Kingdom Government," claims to be immune from state and U.S. laws. Like other state laws, Hawaii's law allows defendants to remain free while awaiting the process of a meritorious appeal.

WISCONSIN

Trials for Parents Who Chose Faith Over Medicine

By Dirk Johnson

1-20-09 -- Kara Neumann, 11, had grown so weak that she could not walk or speak. Her parents, who believe that God alone has the ability to heal the sick, prayed for her recovery but did not take her to a doctor. . . . After an aunt from California called the sheriff’s department here, frantically pleading that the sick child be rescued, an ambulance arrived at the Neumann’s rural home on the outskirts of Wausau and rushed Kara to the hospital. She was pronounced dead on arrival. . . . The county coroner ruled that she had died from diabetic ketoacidosis resulting from undiagnosed and untreated juvenile diabetes. The condition occurs when the body fails to produce insulin, which leads to severe dehydration and impairment of muscle, lung and heart function. . . . “Basically everything stops,” said Dr. Louis Philipson, who directs the diabetes center at the University of Chicago Medical Center, explaining what occurs in patients who do not know or “are in denial that they have diabetes.”

TEXAS  

‘Too Old’ Grandparents (59 and 52) Hope for Custody Under New Judge

By Martha Neil, ABA Journal

1-15-09 -- A judge in a controversial child custody case in Texas has angrily stepped down after apparently being persuaded that a related judicial conduct investigation required him to do so. . . . After Juvenile Court Judge John Phillips decided last year that Yolanda and Arnold Del Bosque were too old to raise the young grandchildren they had been caring for since infancy and had the two boys removed to a foster home, the couple—who were 59 and 52, respectively, at the time of the ruling—made an age bias complaint against him. Armed with a letter from the State Commission on Judicial Conduct stating that it is investigating the Del Bosques' complaint, their lawyer, law professor Barbara Stalder of the University of Houston, asked Phillips to recuse himself from the custody case, according to an opinion piece in the Houston Chronicle. . . . Although Phillips, according to Stalder, had no choice but to do so while awaiting an administrative judge's ruling on her recusal motion, "high drama ensued" at a Jan. 8 pretrial hearing, when Stalder objected to Phillips' continuing on the case, the newspaper writes. Raising his voice, an increasingly angry Phillips accused Stalder of arguing with him and ordered a bailiff to escort her from the courtroom, the Chronicle recounts. . . . “Honest to God, I really thought he was going to have the bailiff taking me directly to a holding cell,” Stalder, who works for a University of Houston legal aid clinic, tells the newspaper.

CALIFORNIA

Federal Appeals Court Finds CPS Tactic Unconstitutional

Pacific Justice Institute

As families gather for the holidays, a recent ruling from the Ninth Circuit Court of Appeals offers hope to hundreds of thousands of parents haunted by the nightmare of unproven child abuse allegations. . . . For years, attorneys with Pacific Justice Institute have warned parents that, once CPS decides to investigate them for child abuse - sometimes based on anonymous tips from neighbors or vindictive ex-spouses - their names can end up on California's Child Abuse Central Index (CACI). Parents are listed on the CACI even when CPS eventually deems the charges "inconclusive" and closes its files. The CACI listing shows up on background checks for years to come and prevents parents from obtaining jobs or state licenses. . . . In Humphries v. County of Los Angeles, the Ninth Circuit Court of Appeals sharply criticized the ease with which people are listed on the CACI and the obstacles which prevent their names from being removed. The court was also troubled by a study indicating that as many as half of the more than 800,000 individuals listed on the CACI "may have a legitimate basis for expungement." Calling the list "the reverse of the presumption of innocence in our criminal justice system," the court ordered the state to enact greater procedural safeguards.

TEXAS

Texas Attorney General Greg Abbott’s Child Support Enforcement Operation Does the Right Thing

Glenn Sacks

1-11-09 -- I've been very critical of Texas Attorney General Greg Abbott (pictured) and his child support enforcement operation in the past, and they've deserved every word of it. To learn more, see my co-authored column When Beating up on 'Deadbeat Dads' is Unfair (Houston Chronicle, 1/7/07) or click here. . . . However, I do like to commend opponents when they do the right thing, and here's an example. Jim, a Texas reader, told me this story the other day and I asked him to write it up for a blog post. . . . Jim writes: . . . In 2004, the Texas Attorney General had anti-father propaganda on their website such as this definition:

Good Cause

A legal reason for which a Temporary Assistance to Needy Families (TANF) recipient is excused from cooperating with the child support enforcement process, such as past physical harm by the child's father. It also includes situations where rape or incest resulted in the conception of the child and situations where the mother is considering placing the child for adoption.

NEBRASKA

Custody case tip: Don't bug kid's teddy bear
By Todd Cooper, World-Herald Staff Writer

1-7-09 -- Turns out, Little Bear was nothing more than Big Brother. . . . An Omaha man has sued his ex-wife after she or someone on her behalf inserted an audio recorder into their 4-year-old daughter's teddy bear during the couple's custody battle. . . . According to the lawsuit, Dianna Divingnzzo or her father planted a listening device inside Little Bear in an effort to lay bare any secrets of Divingnzzo's ex-husband, William "Duke" Lewton. . . . The plan backfired, however, when the judge presiding over child custody proceedings refused to hear the recordings. Sarpy County District Judge David Arterburn noted that under Nebraska law, at least one person in a conversation must consent to a recording. . . . No one - not even the bear - consented in this case. . . . Now Lewton, 36, and several people recorded by the bear want Divingnzzo, her dad and her former attorneys to pay for invading their privacy.

WASHINGTON

Investigators: Trial could lead to loss of grandchild forever

By Susannah Frame / KING 5 News

1-6-09 -- The fate of a 3-year-old girl taken from her family and placed in foster care a year ago is about to be decided by the court system. . . . Last month, the KING 5 Investigators brought you the heartbreaking story of an Enumclaw toddler who was taken away from the only stable home she'd ever known and put in foster care. . . . AnneMarie Stuth of Enumclaw doesn't come into her granddaughter's empty room very often. Seeing her things is too painful. . . . “It’s a part of your heart and life gone,” said Stuth. . . . AnneMarie and her husband Doug helped raise their grandchild for the first two years of her life. Their daughter had the baby at 16 and needed their help. . . . “She was the center of our world," said AnneMarie. . . . The teen mom and her baby moved away from the Stuths when the child was 9 months old. Moving out didn't go well: A doctor found the teenager let the baby get dangerously thin.

MINNESOTA   

Child custody law up for review

by Elizabeth Stawicki, Minnesota Public Radio

1-5-09 -- Within the next two weeks, a state court official must report a study group's findings to the Legislature on whether Minnesota should change its child custody laws. At issue is whether judges should automatically presume that children split their time living with each of their divorced parents. . . . St. Paul, Minn. — When a couple with a child divorces, a judge is supposed to start with a clean slate before deciding whether the child will live solely with mom, dad, or split living with each of them. . . . But under a legislative proposal, judges would presume the child would live with both parents unless there's a good reason not to -- such as child abuse. . . . While adding the word "presumption" to a statute may seem trivial, it would level the legal playing field that fathers' rights groups say is currently tilted against them. . . . That's the way Les Jobst of Andover sees it. He drives a semi with a picture of his smiling 9-year-old daughter on the dash. He's also a member of the fathers' rights group called, Fathers-4-Justice, which contends that the court system tends to favor mothers in divorce cases. . . . Jobst says once a judge decides that a child will live solely with one parent, society views the other parent as having no rights. . . . "I'm a concerned father. I'm here, I'm trying to work and find out what's going on with my child," said Jobst. "It happens in the doctor's office, it happens in the dentist's office, wherever you go. All you have to have is one parent say, 'I've got sole physical custody,' all bets are off."

SOUTH DAKOTA

Commission: Boost child support payments from low-income parents

By Mary Garrigan, Journal staff

1-4-09 -- Child support obligations for non-custodial parents will start at $216 per month for even the lowest-income South Dakotans if new guidelines proposed by the Governor's Commission on Child Support are adopted by the 2009 Legislature. . . . Every four years, after public hearings held throughout the state, child support guidelines and statutes are reviewed by the commission, which issues a report and recommendations to the governor and the Legislature. The laws are used to set child support amounts among divorced, separated and never-married parents and parents in situations that otherwise involve a continued absence of the parent or child from the home, such as incarceration. . . . This year's report included 10 recommendations, any or all of which would become state law if approved by the 2009 Legislature.