Adoption

2021 ◽  
pp. 205-238
Author(s):  
Sanford N. Katz
Keyword(s):  
Child Welfare ◽  
State Regulation ◽  
Individual Autonomy ◽  
Parental Rights ◽  
Parent Child Relationship ◽  
Termination Of Parental Rights ◽  
Adoptive Family ◽  
The Past ◽  
Child Relationship ◽  
Private And Public

This chapter addresses the establishment of a new parent–child relationship through adoption. It explores the recurring tension between individual autonomy and state regulation in the placement of children for adoption, and how it is reflected in the major developments in adoption in the past half-century. During the twentieth century, adoption was a specialized child welfare service performed by social workers in private and public child welfare agencies. Whether a birth mother relinquished her infant for adoption voluntarily or whether adoption was the final outcome of a child dependency proceeding, the articulated goal, sometimes achieved and sometimes mere rhetoric, was to advance the best interests of the child. These two tracks—voluntary relinquishment and involuntary termination of parental rights—resulting in adoption have given rise to dual systems in the past forty years. Even though the ultimate outcome of adoption for children from either system may be the same in terms of a court establishing the adoptive status, there is a major difference in goals. The goal of the voluntary system may well be to provide a childless couple with an infant so as to continue the adoptive family name. The aim of dependency proceedings resulting in the termination of parental rights is to protect children, and the disposition of adoption is a vehicle for providing a child with a permanent attachment to a family.

scholarly journals Terminating Parental Rights through a Backdoor in the Virginia Code

2018 ◽  
Author(s):  
Dale Margolin Cecka
Keyword(s):  
Supreme Court ◽  
Constitutional Law ◽  
Conflicts Of Interest ◽  
Fourteenth Amendment ◽  
Parental Rights ◽  
Parent Child Relationship ◽  
Termination Of Parental Rights ◽  
Child Relationship ◽  
The Supreme Court ◽  
Parent Child

This article explores deficits in the statute, in light of constitutional law, other Virginia adoption and termination of parental rights statutes, and other states' codes and jurisprudence. Part II describes the history and practice of the statute. Part III describes the flaws of the statute, including Fourteenth Amendment violations and inherent conflicts of interest. Part IV calls for the revision of section 1202(H) based on recent precedent in which the Supreme Court of Virginia recognized the sanctity of the parent-child relationship and the state's interest in preserving it.

scholarly journals THE POSITION OF THE CHILD IN LITIGATION PROCEEDINGS IN THE LEGAL MATTERS OF EXERCISE, DEPRIVATION AND RESTORATION OF PARENTAL RIGHTS

TEME ◽  
2020 ◽  
pp. 083
Author(s):  
Ranka V Vujović
Keyword(s):  
Legal Protection ◽  
Public Prosecutor ◽  
Parental Rights ◽  
Parent Child Relationship ◽  
Rights Of The Child ◽  
Legal Relation ◽  
Child Relationship ◽  
The Family ◽  
The Right ◽  
Procedural Rights

Numerous entities in various procedural roles participate in the litigation proceedings for the exercising, denying and restoring of parental rights. The usual classification of litigation participants into subjects in a narrow, and subjects in a broader sense, may apply to such litigations. In the narrow sense, the subjects of the litigations are the litigation court and the litigants. In a broader sense, these are all persons who in any way participate in the litigation: interveners, counsel, witnesses, expert witnesses, interpreters, translators. Some of them participate in the proceedings to protect their own, and others to protect the rights and interests of others, and some are there to provide the necessary assistance in collecting the litigation material, present evidence, etc. Pursuant to the family laws, the capacity of a party in these proceedings, through the standardization of the right to the standing to commence an action, is assigned to the child, parents, custody authority and the public prosecutor. However, these are only potential, but not necessary participants in these proceedings. The proceedings may also be initiated and conducted without all the participants of the family-legal relation participating in them. As a rule, there is no participation of the child as a party, although, essentially, the child's right to live with parents and to have (adequate) parental care is the central theme of the proceedings. In all of these litigations, in fact, legal protection is afforded to the rights of the child arising from the parent-child relationship, namely from the rights and duties of the parent towards the child. This paper critically analyzes the national regulations governing the position of the child in litigation proceedings in the legal matters of exercising, denying and the restoring of parental rights, with a view to determine whether, and to what extent, the solutions contained in those regulations comply with the postulates of a fair trial, enable the exercise of a child’s right to participate in the proceedings that are to decide on the issues that affect him/her and provide effective protection of his/her procedural rights.

Conclusion

2017 ◽  
Author(s):  
Catherine E. Rymph
Keyword(s):  
Foster Care ◽  
Child Welfare ◽  
Low Income ◽  
Parental Rights ◽  
Birth Mothers ◽  
Termination Of Parental Rights ◽  
Foster Mothers

The conclusion briefly summarizes some of the developments in foster care in the 1970s, 1980s, and 1990s, including the rise of the permanency movement, the passage of the 1980 Adoption Assistance and Child Welfare Act, and the 1997 Adoption and Safe Families Act, each of which shaped the development of foster care, particularly in the areas of subsidized adoption and easier paths to Termination of Parental Rights (TPR). The conclusion also argues that society’s reluctance to adequately support low income birth mothers and low paid foster mothers is part of a broader ambivalence about careworkers in general.

scholarly journals The socio-materiality of parental style

2016 ◽  
Vol 50 (11) ◽  
pp. 2041-2066 ◽  
Author(s):  
Shona M. Bettany ◽  
Ben Kerrane
Keyword(s):  
Child Welfare ◽  
Product Reviews ◽  
Parent Child Relationship ◽  
Parental Style ◽  
Content Type ◽  
Surveillance Technology ◽  
Child Relationship ◽  
Parental Views ◽  
Sociological Approaches ◽  
Parent Child

Purpose This study aims to offer understanding of the parent – child relationship by examining, through a socio-material lens, how one aspect of the new child surveillance technology market, child GPS trackers (CGT), are rejected or adopted by families, highlighting implications for child welfare, privacy and children’s rights policy. Design/methodology/approach The authors gathered netnographic data from a range of online sources (parenting forums, online product reviews, discussion boards) that captured parental views towards the use of CGT and stories of the technology in use and theorize the data through application of a novel combination of neutralisation and affordance theory. Findings The research reveals how critics of CGT highlight the negative affordances of such product use (highlighting the negative agency of the technology). Parental adopters of CGT, in turn, attempt to rationalize their use of the technology as a mediator in the parent – child relation through utilisation of a range of neutralisation mechanisms which re-afford positive product agency. Implications for child welfare and policy are discussed in the light of those findings. Originality/value The paper presents an empirical, qualitative understanding of parents negotiating the emergence of a controversial new child-related technology – CGT – and its impact upon debates in the field of parenting and childhood; develops the theory of parental style towards parental affordances, using a socio-material theoretical lens to augment existing sociological approaches; and contributes to the debates surrounding child welfare, ethics, privacy and human rights in the context of child surveillance GPS technologies.

scholarly journals Virtual parent-child visitation in support of family reunification in the time of COVID-19

2020 ◽  
Vol 2 (3) ◽  
pp. 153-171
Author(s):  
Jacqueline Singer ◽  
David Brodzinsky
Keyword(s):  
Child Welfare ◽  
Extended Family ◽  
Family Reunification ◽  
Permanency Planning ◽  
Parent Child Relationship ◽  
Policy And Practice ◽  
Face To Face ◽  
Child Relationship ◽  
Child Visitation ◽  
Parent Child

When children are removed from their birth parents and placed in foster care, child welfare policy and practice prioritizes family reunification in permanency planning. Of the many services offered to families in support of reunification, parent-child visitation is one of the most important. The purposes of visitation are to maintain and support the parent-child relationship, facilitate improved parenting skills, and offer social workers opportunities to gauge the family’s progress in meeting reunification goals. Whether supervised or unsupervised, parent-child visitations most often involve face-to-face contact between family members. During periods of sheltering in place in response to COVID-19, however, face-to-face visits have been largely curtailed. In their place, child welfare agencies have begun using virtual visitation through various technology platforms such as smartphones, FaceTime, Zoom, WhatsApp, Facebook Messenger and Skype, often facilitated by foster parents. A number of questions have arisen, however, about the effectiveness of virtual visitations and how best to use them as a means of supporting reunification goals. In the present article, we examine existing data on how children respond to virtual communication with parents and extended family and what practical issues and training needs are encountered when implementing virtual visits in juvenile dependency cases.

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