11/09/06
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Judge Orders Florida's Department of Children and Families Not To House Children in Office Conference Rooms
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A Florida state circuit judge has ordered Florida's Department of Children and Families ("DCF") to use only licensed facilities for emergency placement of children temporarily removed from their homes. DCF offices in at least two areas of the state were allowing children to sleep in their conference rooms instead of in shelters or foster homes. The ruling came Nov. 9 in the class-action suit, Susan C. v. Florida Department of Children & Family Services, filed on April 4, 2006, on behalf of children being held in a conference room in Tallahassee. DCF had argued that it was not subject to the licensing requirements in state law.
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10/25/06
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Bruce D. Perry, M.D., Ph.D. Will Speak in Dallas on October 31, 2006
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World-renowned child psychiatrist Bruce D. Perry, M.D., Ph.D., will speak in Dallas on Tuesday, October 31, 2006, from 12:00-1:30 p.m. at the 10th Anniversary Luncheon Celebration of AVANCE-Dallas in the Pavillion at Belo Mansion, 2101 Ross Ave. Dr. Perry is internationally acclaimed for his clinical research and practice focusing on the long-term effects of neglect and trauma on children. His work has been critical in understanding how childhood experiences, such as neglect and traumatic stress, impact the development of the brain. Click here for full details.
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10/14/06
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National Association of Council for Children Introduces First Group of Attorneys Certified as Child Welfare Law Specialists
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The National Association of Counsel for Children (NACC) proudly introduced the first group of attorneys to be certified as Child Welfare Law Specialists at the 29th Annual Children's Law Conference in Louisville, Kentucky. In October 2006, eighty-five attorneys, who represent children, parents, and state welfare agencies in abuse and neglect cases, received their certificates as Child Welfare Law Specialists at an awards ceremony in Louisville.
At this time, certification is only available in California, Michigan, and New Mexico, but the NACC is beginning to offer the program in other jurisdictions. For more information, including how to contact the NACC about certification in Texas, click here.
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08/10/06
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Fort Worth Court of Appeals Construes New Tex. Fam. Code § 263.405(i) As Requiring the Statement of Points To Be Specific
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In an opinion that questions the practical applications and constitutionality of newly-enacted Tex. Fam. Code § 263.405(i), the Fort Worth Court of Appeals reluctantly dismissed the appeal of a mother whose parental rights had been terminated. In the Interest of D.A.R., 201 S.W.3d 229 (Tex. App.--Fort Worth 2006). The mother failed to file a statement of points with her specific challenges to the judgment. The court concluded that the new statute clearly requires a statement of points to be specific and not simply allege that the evidence was legally and factually insufficient. The court noted that this provision was enacted in response to conflicting opinions in the courts of appeal regarding this issue.
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08/03/06
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Fort Worth Court of Appeals Says Frivolous Hearing Statute Is Constitutional
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In a challenge to the constitutionality of Section 263.405 of the Texas Family Code, which concerns frivolous hearings, the Fort Worth Court of Appeals held that there was no equal protection violation because the statute applies equally to indigent and non-indigent parents and to parents in termination suits initiated by TDFPS and in suits by private individuals. In the Interest of T.C. and G.C., 200 S.W.3d 788 (Tex. App. -- Fort Worth 2006).
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07/14/06
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"Uniform Representation of Children in Abuse, Neglect and Custody Proceedings Act" Published
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The National Conference of Commissioners on Uniform State Laws published the "Uniform Representation of Children in Abuse, Neglect, and Custody Proceedings Act" in July 2006. The Act sets forth the circumstances under which children are appointed legal representatives in abuse or neglect proceedings, as well as in custody proceedings. A child can be appointed a "best interests attorney," to "protect the child's best interests without being bound by the child's directives or objectives," a "child's attorney," who "provides legal representation for a child," or a "court-appointed advisor," an "individual, not functioning as an attorney, appointed to assist the court in determining the best interests of a child."
Under the Uniform Act, the court shall appoint either a child's attorney or a best interests attorney in an abuse or neglect proceeding. The court may consider factors such as the child's age and developmental level, any desire for an attorney expressed by the child, whether the child has expressed objectives in the proceeding, and the value of an independent advocate for the child's best interest. Individual states may choose between different alternatives in determining under what circumstances these three categories of attorneys can be appointed.
To read the Act, click here.
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05/16/06
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Texarkana Court of Appeals Rules That Standing Can Be Challenged by a Motion to Dismiss Instead of Summary Judgment
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The Sixth Court of Appeals in In the Interest of C.M.C. and J.T.C., 192 S.W.3d 866 (Tex. App.--Texarkana 2006) affirmed the trial court's dismissal of a petition for adoption filed by grandparents. Parental rights had been terminated previously. The grandparents argued that the issue of standing could be decided only by a motion for summary judgment requiring 21 days notice to them. CPS had filed a motion to dismiss challenging the grandparents' standing. The court ruled that dismissal for lack of standing is not a decision on the merits of the case; it is an issue of subject matter jurisdiction and can be decided on a plea to the jurisdiction. The CPS motion was, in effect, a plea to the jurisdiction. In addition, the grandparents did not raise an issue of fact on standing because they did not meet the requirement under Section 102.005 of the Texas Family Code that they have had "substantial past contact" with the children. The evidence presented by affidavit did not, as a matter of law, meet the criteria.
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03/29/06
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Amarillo Court of Appeals Reverses Convictions for Delivery of Controlled Substances to Unborn Children
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The Amarillo Court of Appeals reversed the convictions and rendered acquittal of two women who had used drugs while pregnant and had pled guilty to violation of Texas Health and Safety Code section 481.122(a)(1), which states it is an offense to knowingly deliver a controlled substance to a child. In Ward v. State, 188 S.W.3d 874 (Tx. App.--Amarillo 2006), the court of appeals noted that "deliver" means to transfer possession, actually or constructively. The State had charged Ward with actual transfer, but the evidence showed only that the unborn child had the drug in his bloodstream. The court noted that there was no evidence that "the unborn child actually handled, touched, manipulated or otherwise exercised possession over the drug." Citing precedent that possession of a drug requires the ability to exercise control over it, the court concluded that mere presence of drugs in the blood does not constitute possession and is, therefore, not evidence of "delivery" of a controlled substance. The court did not consider whether the unborn child fit the definition of "child" in the statute, did not consider the issue of constructive transfer, and did not consider the constitutional issues raised. In the unpublished opinion in Smith v. State, No. 07-04-0490-CR, 2006 Tex. App. LEXIS 2370 (Tex. App.--Amarillo Mar. 29, 2006), the court adopted the same reasoning as in Ward. Both opinions were issued March 29, 2006.
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03/27/06
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Colleague Connection Is Proud to Welcome Charles Childress as a New Participant!
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TLC is very excited about the addition of Charles Childress to Colleague Connection -- Attorneys. Charles Childress is a director of the Children's Rights Clinic at the University of Texas School of Law. He is also a contributor and commentator for Sampson and Tindall's Texas Family Code Annotated and for the State Bar Family Law Section report.
Thanks to all of you, Colleague Connection is a great help to many practicing attorneys. We appreciate how valuable sharing ideas and issues can be. Charles Childress' participation (as time permits) will benefit all of us by adding to our collective expertise and experience. Please continue sending your questions and comments. The input so many of you have provided to others has been invaluable.
Click here for a biographical sketch on Charles. Click here to see his resume.
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02/28/06
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AG Says the Family Code Requires an Attorney Ad Litem to Meet Face to Face with a Child Client Before Each Hearing
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Texas Attorney General Greg Abbott issued an opinion on February 28, 2006, in response to a request by the heads of two committees of the Texas Legislature. The request concerned whether Section 107.004(d) of the Texas Family Code requires an attorney ad litem appointed under Chapter 262 or 263 to meet in person with a child over four years of age before each court hearing or if a telephone interview satisfies that provision. Additionally, the request asked if, under Section 107.004(e) of the Texas Family Code, the court has meaningful discretion to determine if an attorney has shown good cause not to comply with subsection (d) because a meeting was not feasible or in the child's best interest. The Attorney General reviewed the meaning of "meet" and determined that the statute requires a face to face meeting with the child prior to each court hearing. Using the common definition of "feasible," the Attorney General stated that a court has discretion to find that good cause is established if the attorney shows that compliance was impracticable, not capable of being done, or was not in the best interest of the child. Click here to see the full text of the opinion.
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02/09/06
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Houston's First Court of Appeals Upholds a Husband and Wife's Written Contract Authorizing Disposal of Frozen Embryos in the Event of Divorce
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The First Court of Appeals in Houston reversed and remanded a trial court's judgment involving three frozen embryos created during a marriage. In the only contested issue of the divorce, the trial court awarded the wife possession of the embryos despite a written agreement signed by the husband and the wife authorizing disposal of the embryos in the event of divorce. The written agreement was part of the documentation signed at the fertility clinic. The court of appeals held that the trial court abused its discretion and improperly rewrote the parties' agreement. It remanded for an order to discard the embryos. Roman v. Roman , No. 01-04-00541-CV, 2006 Tex. App. -- Houston [1st Dist.] Feb. 9, 2006).
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01/16/06
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Link to the CPS and DFPS Licensing Handbooks Here
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Now you can link directly to the Department of Family and Protective Services ("DFPS") Child Protective Services (CPS) Handbook and the DFPS Licensing and Policy and Procedures Handbook. Once you select either handbook, choose an item in the left column of the page which appears in order to view the selected section of the handbook. A scroll bar will not appear until you make that selection. Click here to link to the CPS and Licensing Handbooks.
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12/28/05
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AG Says New Law Requiring Allocation of Divorce Filing Fees to Child Abuse and Neglect Prevention Fund Is Unconstitutional
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In an opinion issued Dec. 28, 2005, Texas Attorney General Greg Abbott said that a newly-enacted provision of the Government Code, section 51.961(g), violates Article I, section 13 of the Texas Constitution, known as the "open courts provision." The constitution states that "all courts shall be open," which has been interpreted to mean that fees for filing lawsuits may only go directly to court-related expenses for support of the judiciary. Section 51.961(g) requires half of the filing fee for divorce cases to be allocated to the state's child abuse and neglect prevention trust fund account. The Department of Family and Protective Services may draw on that fund for prevention programs and administrative costs, neither of which qualifies as court-related expenses for support for the judiciary. Accordingly, the Attorney General concluded that section 51.961(g) places an unconstitutional burden on a litigant's access to the courts. Click here to see the full text of the opinion.
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11/14/05
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Internationally Acclaimed Evidence Expert, John E.B. Myers, Will Take Calls from TLC Site Users at No Charge
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John E.B. Myers, Professor of Law at McGeorge School of Law at the University of the Pacific in Sacramento, California, is willing to take calls from TLC's registered judges and attorneys regarding evidence questions arising in child abuse cases. He will not charge a fee to discuss evidence questions by phone. Professor Myers is the author of several books on evidence and on child abuse and has been cited as an authority in numerous court opinions. TLC greatly appreciates his generous offer. Click here for contact information.
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10/11/05
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ABA Center on Children and the Law Will Present Free CLE on Substance Abuse at SMU
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On November 4, 2005, the American Bar Association Center on Children and the Law will present "Relapse to Recovery: Making Home Safe for Children" in Dallas. Sponsored by the W.W. Caruth, Jr. Child Advocacy Clinic at SMU Dedman School of Law, this CLE program on substance abuse is free to the first 100 registrants. Click here for more details about this conference. Click here to see TLC's list of upcoming local, regional, and national conferences.
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07/22/05
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Can't Find What You Need on the TLC Website? Request a Resource — We Can Help!
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Do you need information on a topic not yet in the TLC database or more extensive information on a topic already here? TLC is now accepting requests for resources and/or research on topics of benefit to practitioners in the child abuse field. For example, based on site users' requests, we are currently compiling information on Osteogenesis Imperfecta, "brittle bone disease," and working to expand our case summaries on hearsay statements of a child. To submit a request, simply click on "Resources" on the blue menu bar above; then click on "Request a Resource," or email TLC at TexasLawyersforChildren@yahoo.com. (Please note that TLC cannot accept requests asking how the law applies to your particular case, and we may not be able to honor all requests.)
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07/22/05
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Sampson & Tindall's Legislative Update Is Available Here
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Once again, John Sampson & Harry Tindall have graciously provided TLC with their compilation of the latest updates from the legislative session. Click here to view Sampson and Tindall's Leglslative Update, containing changes in the Family Code from the 79th Legislative Session. To find a particular code section or specific words within the document, click on the binoculars on the menu bar. A search box will appear. You can enter keywords or Family Code section numbers in the search box.
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06/27/05
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U.S. Supreme Court Rules on Enforcement of Protective Orders in Colorado
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In a 7-2 opinion, the United States Supreme Court ruled that the mother of three murdered children could not sue a municipal police department for failure to enforce a restraining order against her ex-husband. Reversing the Tenth Circuit, the Court said that Colorado law does not create a mandatory duty on police to seek out and arrest a person who violates a restraining order. Furthermore, the interest held by the mother in enforcement of the order is not a "property interest" protected by the Fourteenth Amendment's due process clause. The Court left open the possibility that a state could craft a law making it mandatory that police arrest violators. Town of Castle Rock v. Gonzales, 162 L.Ed. 2d 658, 125 S.Ct. 2796, 2005 U.S. LEXIS 5214 (U.S. 2005). Click here for commentary by the Family Violence Prevention Fund.
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06/15/05
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Colleague Connection for Attorneys Has GROWN!
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TLC is pleased to announce that attorneys across the state have joined the Colleague Connection-Attorney email list. It's a free, optional service only for TLC site users, allowing registered attorneys to seek input from other attorneys across Texas regarding case strategies and practice tips. Click here to read more about Colleague Connection-Attorney. (Colleague Connection for Judges is presently in development.)
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06/01/05
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TLC Helps Other States Create Websites and Takes First Steps Toward Building a National Network of Resource Centers
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After seeing the TLC website demonstrated at various national conferences, other states are actively preparing to work with TLC in creating similar sites for their state's child advocacy professionals. Howard Davidson, Director of the ABA's Center on Children and the Law, shares TLC's vision of a national network of online resource centers, each addressing the unique needs of its child advocacy community, yet based on the strengths of the TLC site's functionality. Click here to read comments circulated nationally by Mr. Davidson about the TLC website. If your state might be interested in creating a site for your child advocacy community based on the TLC site, please contact us at 800-993-5TLC (5852) or email TexasLawyersforChildren@yahoo.com.
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05/31/05
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Senate Bill 6 Makes Sweeping Changes to the Child Protection System
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Senate Bill 6 was passed in the 79th Legislative Session on May 31, 2005. Click here to see the full text of the bill. To find a particular section or specific words within the document, click on "Edit" on the menu bar of your internet browser. In the drop-down menu which appears, click on "Find (on This Page)". You can enter keywords or Family Code section numbers in the window that appears. TLC has summarized key provisions of this significant legislation. Click here to view TLC's summary.
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05/15/05
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Seek/Share Information on Experts — TLC's Expert Witness Databank is Available for Your Entries
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The TLC Expert Witness Databank allows TLC's registered attorneys to locate other site users who have information (favorable or unfavorable) about experts encountered in litigation. The Databank is now ready for you to add new experts to the list and/or add your name as someone with information about an expert who is already listed. Click on "Experts" on the blue menu bar above to see the first entries in this database. (Hint: need help finding an expert? Participate in Colleague Connection and send an email with your request; then see what recommendations come from your peers across the state.)
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05/07/05
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TLC's Coming Attractions — TLC Will Be Offering Additional Website Features and Topics!
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It has been a year today since the initial launch of TLC's Online Legal Resource Center -- and in that year, we have added Colleague Connection-Attorneys, the Expert Witness Databank, and more. Over the next year, we will focus on adding significantly more research and resources, including notes from conferences our research attorneys attend. In addition, we plan to build the website feature which will allow us to offer CLE programs at a very reasonable cost. We welcome input from our TLC site users! Click here to send us your ideas and requests.
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02/17/05
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Questions? Contact TLC's Help Desk
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To answer your questions or correct any issues you may experience with the TLC website, the staff of the TLC Help Desk is available to assist you weekdays from 11:00 am to 6:00 pm. Our toll-free number is 800-993-5TLC (5852), and our local Dallas number is 214-219-5TLC (5852). To contact us through this website, simply click on "About TLC" on the blue menu bar above; then click on "Contact TLC." You are also welcome to email our Help Desk at TexasLawyersforChildren@yahoo.com.
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