04/30/10
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New Study Shows Number of Deaths and Injuries from Shaken Baby Syndrome Increased in Recession
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A story on www.msnbc.com dated April 30, 2010, reported on a review of 511 abusive head trauma cases at four U.S. children's hospitals. In the months after December 2007, at the beginning of the recession, the number of cases rose by 55 percent. According to the leader of the study, Dr. Rachel P. Berger, a University of Pittsburgh Medical Center brain injury specialist, a "perfect storm" of increased stress, increased poverty, and cuts in social services are to blame. Click here to view the article.
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04/15/10
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Hon. John Specia (Ret.) Is Producing Letters for Judges Hearing CPS Cases
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Hon. John Specia (Ret.), who is serving as Jurist in Residence with the Texas Office of Court Administration, is producing a series of letters giving current and compelling information for judges hearing CPS cases. In order to reach as many judges as possible with this information and in order to make the information available to attorneys as well, Judge Specia has graciously agreed to allow TLC to post these letters here. The first letter in this series provides information on health services for children in foster care through the STAR Health Program and information on psychotropic medication.
Click here to view it. The second letter concerns opportunities for judges and attorneys to be provided in 2010 by the Texas Supreme Court Permanent Judicial Commission for Children, Youth and Families.
Click here to view it. The third letter discusses the Permanency Care Assistance Program (PCA), which is how Texas plans to implement a very important aspect of the Fostering Connections to Success and Increasing Adoptions Act of 2008 and includes an update regarding verification under the new PCA program.
Click here to view it. These letters can also be found by topic or title in the section on Articles/Papers.
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04/13/10
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Hon. Darlene Byrne, Travis County Model Court Lead Judge, Hosts Training on Finding Families, with Speaker Kevin Campbell, Youth Permanency Expert
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On April 13, 2010, the National Council of Juvenile and Family Court Judges and the Travis County Model Court for Children and Families sponsored the Family Search and Connectedness Training at the Austin Children's Center. Hon. Darlene Byrne, Model Court Lead Judge, hosted the seminar. The speaker was Kevin Campbell, Director of the Seneca Center for Family Finding and Lifelong Connections and internationally known youth permanency expert. To read highlights from the seminar, click here. For more information about Campbell's training programs, click here.
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04/09/10
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Travis County Seeks Managing Attorney for Office of Parental Representation
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Travis County is seeking a Managing Attorney for the Office of Parental Representation. The office provides representation of parents in civil matters related to child abuse and neglect. Job dutuies of the Managing Attorney include overseeing personnel, case handling, resources, and operations of the office. Interested attorneys should apply immediately through Travis County, as interviewing of candidates has already begun. To view the job posting, click here.
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03/24/10
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The State Bar's Committee on Child Abuse and Neglect Seeks Nominations for Its Annual Fairy Davenport Rutland Award for Distinguished Service to Children and Families
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The State Bar's Committee on Child Abuse and Neglect is seeking nominations for its annual Fairy Davenport Rutland Award for Distinguished Service to Children and Families. The award is named after Ms. Rutland in recognition of her exceptional leadership as a founding member and chair of the Committee for over 20 years and her continuing dedication and many ongoing contributions to the field of child welfare. The award honors an attorney who has made a substantial contribution to the field of advocacy for abused and neglected children. The deadline for nominations is April 1, 2010. Click here to view the nomination form.
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03/18/10
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National Association of Counsel for Children Studies GAL System in Nebraska
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The National Association of Counsel for Children recently completed a report for the Nebraska Legislature, titled "Evaluation of the Guardian Ad Litem System in Nebraska." The NACC studied the state's system of child representation in abuse and neglect and delinquency cases. The report found that the guardian ad litem system in Nebraska is failing the state's children because appointees are not accountable. While children are statutorily entitled to have an attorney appointed as a guardian ad litem in every case, the report noted that the state does not have a uniform system of representation nor a uniform set of practice standards. The report also stated that guardians frequently do not inform the court of their clients' views of the case and do not receive adequate training. It also said that appointees are often a rubber stamp for the state's department of human services instead of zealous advocates for their child clients. The NACC's recommendations included establishing a statewide entity to oversee GALs, instituting mandatory practice standards, monitoring of guardians ad litem, caseload caps, and a mentoring program for new guardians ad litem. To download the report, click here.
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03/17/10
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Third Circuit Upholds Injunction Against Prosecution for "Sexting" While Civil Rights Trial Is Pending
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On March 17, 2010, the Third Circuit Court of Appeals upheld a federal district court's injunction that barred a Pennsylvania district attorney from prosecuting a teenager for "sexting." The district attorney had threatened to prosecute the child for felony child pornography unless she attended a class and wrote an essay. The child's mother filed suit on her behalf, alleging First and Fourteenth Amendment violations. The court of appeals decided that the mother was likely to prevail on her claims, as the activity in which her daughter engaged was not illegal; therefore, she was entitled to an injunction against prosecution until the case was resolved. The opinion details the lessons to be taught in the class designed by the district attorney and social services agencies, noting that the lessons taught invaded the parental right to direct the moral upbringing of children. The court found that the essay required to be written under threat of prosecution was a violation of the child's right of free expression. Click here to view the court's opinion.
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03/02/10
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Hon. Darlene Byrne Graciously Shares the Annual Report from her Model Court in Austin
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Hon Darlene Byrne is graciously sharing information about her Model Court in Austin so that TLC can make it available to others who may be interested in starting such a court. The annual report on her court includes the goals for last year, action steps taken to reach the goals, barriers faced, and lessons learned. It also includes the goals for 2010. TLC thanks Judge Byrne for allowing us to share her work with others statewide.
Click here
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02/26/10
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Charles Childress to Answer Judges' Questions on Legal Issues
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Family law expert Charles Childress, who is TLC's volunteer consulting attorney and a commentator for Sampson & Tindall's Texas Family Code Ann., will answer judges' questions on legal issues as available. To submit a question, judges may simply send an email to Barbara@TexasLawyersforChildren.org. Mr. Childress' response will be sent to Hon. Gil Jones to transmit to the Colleague Connection -- Judicial email network. Judges who are not yet registered for this email network may do so by signing in on this website's home page. Then, from "Communication Tools" on the blue menu bar above, click on "Colleague Connection Email Networks" and follow the registration instructions to "Join List" for colleagueconnectionjudicial, which is the first email network listed on the page. (TLC also has new email networks for Drug Court Judges and for Juvenile Law Judges, and judges can register for all 3 networks.) Participation in all judicial email networks is strictly limited to active Texas judges and those sitting by assignment. For registration questions, please contact TLC's Help Desk at 800-993-5TLC (5852). Click here to view Mr. Childress' resume.
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02/25/10
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Scholarships Are Available for Attorneys to Attend the 33rd Annual NACC Conference
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Starting on March 1, 2010, attorneys can apply for scholarships to attend the 33rd Annual Conference of the National Association of Counsel for Children (NACC). The National Juvenile and Family Law Conference will be conducted in Austin from October 20-23, 2010. Sponsored by the Supreme Court of Texas Permanent Judicial Commission for Children, Youth and Families (Children's Commission) and presented by the NACC, this multi-disciplinary conference is for attorneys who represent children, parents, and DFPS in child protective services (CPS) cases. The Children's Commission supports efforts to improve the quality of legal representation in CPS cases. To meet this goal, the Children's Commission is offering registration scholarships to qualifying Texas attorneys to attend this conference -- a great opportunity to receive CLE in this important area of law! Click here for details on how to apply.
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02/18/10
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TLC Launches New Communication Tools for Judges Handling Juvenile Delinquency Cases
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TLC is pleased to announce the launch of a new email network, "Colleague Connection--Juvenile Law Judges," as well as a new Discussion Board and Document Vault, for judges handling juvenile delinquency cases. Participation in all three of these secure, private communication tools is strictly limited to active Texas judges. Judges can use the email network to seek colleagues' expertise on questions of interest and to discuss best practices. The Discussion Board provides a place for ongoing statewide dialogue. The Document Vault allows judges to share documents with each other. TLC thanks Hon. Gil Jones for serving as the moderator for these tools. To enroll in the email network or to access the other tools, judges who are already registered for the TLC website's services can sign in and go to "Communication Tools" on the blue menu bar above. Be sure to enroll today so you don't miss out on the messages! You are always welcome to call TLC's Help Desk at 800-993-5TLC (5852) with any questions.
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02/12/10
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CCCP Releases Its 2009-2010 Databook on Texas Child Well-Being and Announces Partnership with the Census Bureau
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The Center for Public Policy Priorities released its latest publication, The State of Texas Children: Texas KIDS COUNT Annual Data Book 2009-2010. The databook contains a county-by-county online data snapshot of Texas children's well-being. It also shows how reductions in state spending for child well-being have kept Texas among the states with the highest child poverty rates. Click here to access the databook. Also, CCCP is partnering with the U.S. Census Bureau to increase participation in the census by hard-to-reach households, especially those with young children. The CCCP census page explains why it is difficult to count young children and how other organizations and individuals can help get an accurate count. This page also has articles on why it is important that Texas get an accurate count of residents. To listen to an archived webinar on the importance of the census and how you or your organization can help, click here.
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12/16/09
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GAO Issues Report on Deaths and Abuse in Schools and Treatment Centers from Use of Seclusion and Restraint
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The Government Accountability Office (GAO) has issued a report to the U.S. House Committee on Education and Labor on the use of seclusion and restraint in public and private schools and treatment centers in order to provide an overview of laws concerning use of these methods, to verify whether allegations of abuse and death from such methods are widespread, and to examine the facts of cases where students died or suffered abuse as a result of being secluded or restrained. The GAO found that no federal laws restrict the use of seclusion and restraint in schools and that state laws vary widely. While the GAO could not determine if allegations of abuse and death are widespread, it did find hundreds of cases of alleged abuse and death due to use of restraint and seclusion methods. One theme the GAO mentioned is that children with disabilities are sometimes restrained or secluded even without parental consent. To read the report, including the details of cases and state and federal laws, click here.
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11/10/09
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Teens Testify Before U.S. House Judiciary Committee on Sexually Exploited Girls in the Juvenile Justice System
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Sexually exploited teens, Tiffany Rivera and Nadeyah Shereff, who had been locked in detention facilities through the juvenile justice system under charges of prostitution, testified before the U.S. House Judiciary Committee about their experiences. Tiffany recounted being the victim of continuous rape and commercial sexual exploitation and the trauma she endured in detention.
Click here to view a portion of their testimony.
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10/29/09
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Mother Challenges Law Allowing Parents to Show Children Pornography
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The mother of three young daughters is challenging a law that allows parents to show children pornography. The mother said that the children's father awoke two of the daughters during the night to show them pornography on his computer and that the girls later told a counselor, who reported it to authorities. The DA concluded that he was unable to prosecute the father due to Texas' public-indecency law. To read more about the situation and the conflicting opinions about the law, click here.
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10/28/09
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NCJFCJ Is Providing Scholarships for a Workshop on Designing a Juvenile Drug Court
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From December 1-4, 2009, The National Council of Juvenile and Family Court Judges is sponsoring "Designing Your Juvenile Drug Court," an intensive workshop for juvenile drug court judges and coordinators. Travel and lodging scholarships are available for three members of your team and are awarded on a first come, first served basis. Click here for more information about the workshop and to learn how to apply for a scholarship.
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10/26/09
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Child Sexual Assault Trial Begins Against Raymond Merril Jessop
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On Monday, October 26, in Eldorado, Texas, the first criminal trial against a member of the Eldorado FLDS sect began with jury selection. Raymond Merrill Jessop is accused of sexually assaulting an underage girl whom he allegedly took as his wife. The original jury call affected the small town of Eldorado, causing some offices to close for the day. The pool of potential jurors included members of the FLDS sect. Voir dire began Monday afternoon. Click here to read a local newspaper article about the trial. Click here to read about the impact on the town, and here to read about the status of the jury selection process.
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10/21/09
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Every Child Matters Releases Report Detailing Child Abuse Deaths and Statistics in the United States
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Every Child Matters has determined that from 2001-2007 at least 10,440 children died in the U.S. from child abuse and neglect, more than in any other wealthy nation. Their new report details the number of deaths in each state, the amount of money each state spends to protect children, and the costs of child abuse. Texas ranks number one in child abuse deaths and 44th on per capita spending on child welfare. Click here to read the full report.
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09/29/09
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TLC Launches New Email Network for Family Drug Treatment Courts
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TLC is pleased to announce the launch of a new email network, "Colleague Connection--Drug Court Judges." This secure, private email network is being provided to assist any Texas judge presiding over a family drug treatment court and judges who are considering developing a family drug treatment court. Judges can seek colleagues' expertise on questions of interest and discuss best practices in drug court issues and policies. Participation is strictly limited to active Texas judges. TLC thanks Hon. Gil Jones for graciously agreeing to serve as the moderator for this email network. To enroll, judges who are already registered for the TLC website's services can simply go to "Communication Tools" on the blue menu bar above; then click on "Colleague Connection Email Networks" on the resulting drop-down. You will then be able to click on "Join list" for Colleague Connection--Drug Court Judges. Be sure to enroll today so you don't miss out on the first messages! You are always welcome to call TLC's Help Desk at 800-993-5TLC (5852) if you have any questions regarding signing up for this new, free service. For more information about family drug treatment courts, please see Section 264.801 of the Texas Family Code.
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09/22/09
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TLC, TYLA, and the State Bar's Committee on Child Abuse and Neglect Are Recruiting Pro Bono Attorneys to Help in Your Cases
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TLC is pleased to announce that the Texas Young Lawyers Association (TYLA) and the State Bar's Committee on
Child Abuse and Neglect have joined forces with TLC to recruit pro bono attorneys to assist in child abuse cases. Pro bono attorneys are available to assist you with issues that arise that may be outside your area of expertise, such as disability issues, SSI benefits, and immigration law. Attorneys with less experience can even find mentors to help with the child abuse case itself or with matters such as trial skills or preparation and appellate issues. Volunteers are also willing to serve as pro bono advocates for children/youth growing up in the permanent managing conservatorship (PMC) of the state. In counties that provide court-appointed counsel but have children placed out of county, the child's appointed attorney can locate pro bono co-counsel in the county where the child is placed to assist in meeting with the child and his/her service providers. Appointed attorneys can find potential pro bono co-counsel in other counties by checking the list in the Pro Bono section of the TLC website and asking the court to appoint the co-counsel. In counties that do not appoint attorneys or CASA as advocates for children in the PMC of the state, judges may contact TLC and request a list of volunteer attorneys available in that county. Our purpose is to fill any void in representation and not to displace court-appointed advocates already filling this need. To volunteer for the Pro Bono Network, to learn more about the Pro Bono PMC project, or to find a volunteer to assist you in your cases, please go to "Pro Bono" on the blue menu bar above. The October 2009 issue of the Texas Bar Journal includes an article about the PMC pro bono project. Click here to read the article.
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08/11/09
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Charles Childress' Comprehensive Legislative Update Is Available Here
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Charles Childress, a contributor and commentator for Sampson and Tindall's Texas Family Code Annotated, has graciously provided TLC with his compilation of the 2009 legislative changes of interest to judges and attorneys handling child protective services cases and child support matters. This legislative update provides a comprehensive report of substantive changes to the Texas Family Code made in the 81st legislative session, as well as changes to other statutes of interest. TLC is delighted that Mr. Childress joined TLC's team of attorneys as a Consulting Attorney this spring. Click here to view the legislative update.
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08/03/09
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Committee on Child Abuse and Neglect Honors Richard Lavallo with Fairy Davenport Rutland Award
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The State Bar's Committee on Child Abuse and Neglect (the "Child Abuse Committee") honored Richard Lavallo as the recipient of its annual Fairy Davenport Rutland Award for Distinguished Service to Children and Families. The award is named after Ms. Rutland in recognition of her exceptional leadership as a founding member and chair of the Committee for over 20 years and her continuing dedication and many contributions to the field of child welfare. The current Chair of the Child Abuse Committee, Barbara Elias-Perciful, presented the award to Mr. Lavallo at the Advanced Family Law Course in August. Mr. Lavallo is the Legal Director of Advocacy, Inc. He has devoted his career of over 20 twenty years to serving people with disabilities and those who live in poverty and has enforced children's rights in numerous contexts. Click here to read the nomination letter. Click here to see a picture of the award presentation.
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08/01/09
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TLC's Director Receives ABA's National Child Advocacy Award
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TLC's Director, Barbara Elias-Perciful, was honored by the American Bar Association's Young Lawyers Division as the Distinguished Lawyer Recipient of the 2009 Child Advocacy Award for her service on behalf of abused and neglected children. This prestigous award is based on an individual's personal achievements and impact in helping abused and neglected children. Ms. Elias-Perciful was presented with the award at a ceremony during the ABA's annual meeting in Chicago this August. Click here to view the ABA's announcement of the award. Click here for more details.
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07/16/09
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Center for Public Policy Priorities Issues Paper on New Legislation Impacting CPS
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The Center for Public Policy Priorities ("CPPP") has released a paper discussing new legislation impacting Child Protective Services, which was enacted in the 81st Legislative Session. CPPP also provides its recommendations for next steps following this legislation. Click here to view the paper.
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07/01/09
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Update on New Legislation Concerning Child Abuse and Neglect Is Now Available Here
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Sandra Hachem, Co-Chair of the Subcomittee on Legislation for the State Bar's Committee on Child Abuse and Neglect, has graciously provided TLC with her compilation of the latest updates of legislation concerning child abuse and neglect. Click here to view Ms. Hachem's update on legislation from the 81st Legislative Session.
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06/29/09
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Center for Public Policy Priorities Issues a Policy Paper on Implications of the Gates Case
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The Center for Public Policy Priorities has released a policy paper discussing the impact of the Gates decision on Child Protective Services and making recommendations for judges and CPS. The paper states that, in practice, the Gates definition of "exigent circumstances" necessary to enter or remain in a home, transport a child for an interview, or remove a child from a parent's custody may be stricter than pre-Gates. Since the time of the Gates decision, the proportion of children interviewed at children's advocacy centers has decreased noticeably; the proportion of cases with a "ruled out" designation has increased; and a smaller proportion of cases have been opened for services. Also, removals have dropped significantly. To read the full report and recommendations, please click here.
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06/25/09
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U.S. Supreme Court Finds that a Strip Search by Arizona School Officials Was Illegal
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On June 25, 2009, the U.S. Supreme Court ruled that Arizona school officials violated the Fourth Amendment's ban on unreasonable searches when they strip searched a teenage girl to try to find prescription-strength ibuprofen. In the 8-1 opinion, the Court held that the school's searches of the girl's backpack and outer clothes were permissible but that the school officials acted illegally when they asked to search her underwear. Justice David Souter wrote that there was no indication that the girl posed a danger to the other students, and there was no indication that the pills were in her underwear. Additionally, the Supreme Court ruled that the school officials in this case are immune from liability, but the Court remanded for consideration whether the school district is liable to the student. To read the opinion, please click here.
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06/19/09
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Gov. Perry Vetoes SB 1440
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On June 19, 2009, Governor Rick Perry vetoed SB 1440, despite the fact that it had passed unanimously in both the House and the Senate. This bill set forth a procedure for Child Protective Services to obtain a civil warrant for investigating child abuse and neglect. To read Governor Perry's veto statement on SB 1440, please click here.
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04/01/09
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Charles Childress Has Joined TLC's Team as a Consulting Attorney
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TLC is delighted to announce that Charles Childress has joined TLC's team of attorneys as a Consulting Attorney. Mr. Childress has made significant and numerous contributions to the field of child advocacy, having served as Co-Director of the Children's Rights Clinic at the University of Texas School of Law, Senior Attorney at the Department of Family and Protective Services, and Chief Staff Attorney for the Fourth Court of Appeals, to name a few. He serves as a contributor and commentator for Sampson and Tindall's Texas Family Code Annotated. He was instrumental in the passage of landmark legislation that limits children's time in foster care and was named outstanding legislative liaison for the 2001 legislative session by the DFPS Office of General Counsel. Mr. Childress has devoted his career to serving children and families and was the 2008 recipient of the Fairy Davenport Rutland Award for Distinguished Service to Children and Families, given by the Texas State Bar's Committee on Child Abuse and Neglect. .Click here to read Mr. Childress' resume.
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04/01/09
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Go Blue to End Child Abuse and Neglect!
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On Wednesday, April 8, TDFPS is encouraging all businesses, organizations, agencies, and individuals throughout Texas to wear blue to end child abuse and neglect. You can raise awareness by wearing a blue shirt, posting "Keep Kids Safe" and "Stop Child Abuse" signs, wearing blue lapel ribbons, and encouraging others to do the same. Let's all wear blue to help end child abuse and neglect! Please contact TDFPS for more information.
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