Child Neglect: Statutes, Rates, and a Neglect Diversion Model

Introduction: Poverty is a correlate if not a cause of child neglect in the US and worldwide (Slack, 2017; WHO & UNICEF,2021,UN 2021). Definitions of child neglect vary widely and include parental omissions and commissions. The purpose of this manuscript is to examine the extent to which poverty exemptions in state statutes (N=15) actually are correlated with “screened out” neglect cases. We then undertake a case study of Vermont, the state in the U.S. with the lowest rate of screened in neglect cases, to explore the extent that the state of Vermont can be seen as a “positive outlier.” Methods: Using a multi-phase analysis, this article examines US state statutes (2019). Focusing on the 14 states that use poverty and service access qualifiers in their neglect statutes, we compare their neglect rates with states that do not include such qualifiers. We hypothesized that states with poverty exemptions in their statutes would have proportionately fewer neglect cases. The second phase of analysis built off of key informant interviews to help explain findings from phase 1. Findings: The findings expose the wide variation in neglect percentages across the nation, ranging from 92.2% to 1.5%. Using Vermont as a case study, with the lowest reported neglect rate and only 18 cases screened in for investigation in 2019, we examine explanations for the wide discrepancies nationally. These include the use of an economic firewall with poverty related cases in Vermont being referred to economic support services instead of a CPS investigation, Family Resource Centers, and Differential Response Systems. Implications and Conclusions: Differentiating child neglect from poverty, creating a national if not a globally standardized definition of neglect could help to better contextualize neglect rates, create poverty related diversion programs, and address race equity agendas. Finally, we offer recommendations to create more innovative practices to address and divert neglect cases to other systems and services that can more appropriately aid children, parents, and whole families.

Do State Comprehensive Planning Statutes Address Physical Activity? Implications for Rural Communities

Less than one-quarter of U.S. adults meet physical activity (PA) recommendations, with rural residents less likely to be active than urban residents. The built environment has been identified as a potential facilitator of PA and local comprehensive plans are a foundational tool for guiding the development of the built environment. The purpose of this study was therefore to understand the current landscape of comprehensive planning state statutes related to PA and rural communities. We used primary legal research methods to identify, compile, and evaluate all 50 state comprehensive planning statutes for items related to PA and conditional mandates based on population size of local jurisdictions. The presence of population-conditional planning mandates and the inclusion of PA-related items was analyzed by state-level rurality using Fisher’s exact tests. Our analyses demonstrated that (1) broader PA-related items were addressed in state statutes more often than more specific PA-related items; (2) when PA-related items were addressed, they were most likely to be mandated, subsumed elements; (3) several PA-related items were less likely to be addressed in the most rural states and/or conditionally mandated for jurisdictions meeting minimum population requirements; and (4) only two states addressed PA directly and explicitly in their comprehensive planning statutes.

Opinion Versus Reality: How Should Wrongfully Convicted Individuals be Compensated Versus How They Are Actually Compensated

Securing compensation following exoneration is an important step for wrongfully convicted individuals in getting some semblance of a normal life post-release. This study seeks to determine what the public believes to be fair compensation for individuals who were wrongfully incarcerated for ten years prior to exoneration, as compared to how much compensation a state would offer the same exoneree. Prior research has tracked what compensation is offered to exonerees through state statutes and detailed difficulties in securing compensation at trial, yet little is known about how statutory compensation compares to what the public believes exonerees should receive. Through two experimental surveys, the current study surveys over 200 students and online respondents to determine how much compensation is fair to individuals, and compares these amounts to what states give to qualifying exonerees. Results indicate that individuals give more compensation on average to a fictional exoneree than do state governments; though the dollar amounts were not statistically significantly different, respondents gave millions more to exonerees than did state statutes. The significance of these findings and avenues for future research are examined.

Part 2 National and Regional Reports, Part 2.6 North America: Coordinated by Geneviève Saumier, 68 United States of America: American Perspectives on the Hague Principles

This chapter focuses on American perspectives on the Hague Principles. At the state level, Louisiana and Oregon have enacted comprehensive choice of law codifications, which strongly endorse party autonomy. Many other states have enacted statutory provisions that affect party autonomy. At one end of the spectrum, there are provisions that prohibit or restrict outbound choice of law clauses in certain contracts that have enumerated contacts with the enacting state. At the other end of the spectrum, there are statutes designed to ensure enforcement of inbound choice of law clauses in certain commercial contracts with high-dollar value, even in the absence of any connection with the enacting state. Despite the multiplicity of state statutes, many of which pre-empt a judicial choice of law or obviate the need for it, the bulk of American conflicts law for matters other than those governed by the Uniform Commercial Code is found in judicial decisions. In keeping with the common law tradition, American courts play an active role in the development of the law, both in general and regarding party autonomy in particular. One hopes that American courts will take into account the Hague Principles, if only for answering those questions, as few as they may be, whose answer is unclear under American law.

Criminal Record Relief for Human Trafficking Survivors: Analysis of Current State Statutes and the Need for a Federal Model Statute

This Note defines criminal record relief and analyzes the effectiveness of three state criminal record relief statutes at protecting trafficking survivors. This analysis is based on State Report Cards: Grading Criminal Record Relief Laws for Survivors of Human Trafficking by Polaris, a leading human trafficking nonprofit. It next discusses the absence of federal criminal record relief and how a statute at the federal level could provide relief for survivors with federal convictions while simultaneously providing a model for states to ensure their statutes incorporate best practices for record relief moving forward. This Note then discusses how Polaris’s report stops short of providing a model statute for states to draw from. Finally, this Note provides a best practice statute based on Polaris’s evaluation criteria and recommends it be added as an amendment to the Trafficking Victims Protection Act.

The Enforceability of Noncompete Clauses in the Medical Profession: A Review by the Workforce Committee and the Medicolegal Committee of the Council of State Neurosurgical Societies

BACKGROUND In both academic and private practice, noncompete clauses are common in many neurological surgery contracts. Noncompete agreements vary, depending on various factors, including the surgeon’s subspecialty, location, and business-related considerations. Each individual state’s law on contracts determines the extent to which noncompete clauses are enforceable. OBJECTIVE To evaluate the disparate approaches of various states regarding the enforceability of these clauses and their components. METHODS This review surveys several of the most populous states’ law regarding noncompete clauses. This analysis includes an evaluation of state statutes and common law regarding noncompete clauses. It also relies on legal treatises and law review articles. RESULTS The enforceability of the noncompete clause depends on the state in which the physician is employed. CONCLUSION It is imperative that individuals understand the content of any noncompete clauses in their contract, as well the climate of the state in which they practice. The state's approach determines whether any part or all of the noncompete agreement is enforceable. A review by the Workforce Committee and the Medico-legal Committee of the Council of State Neurosurgical Societies (CSNS) provides explanation of the common elements in restrictive covenants or noncompete clauses and reviews the enforceability of these clauses.

Principal evaluation in the United States: A national review of state statutes and regulations

The growing recognition of how much principals matter for student learning and how they make a difference has fueled the need to ensure that effective principals are leading every school. One way to achieve this is through principal evaluation, which has experienced significant changes in the last decade. We conducted a national exploratory study (50 states) to document the trends in and provide an illustration of the current situation of states’ principal evaluation policies and practices. Using literature-based themes, our analysis of state statutes and regulations revealed that a majority of states have policies requiring at least one literature-based element. Only four (8%) states had statutes and/or regulations regarding allelements of principal evaluation that have been noted in the literature. Student achievement measures were the most common component—required in 66% of states. In addition, most states required principal evaluators to be trained and principals to be evaluated annually. We propose that future research focuses on the validity and reliability of measures and models used for principal evaluation—two aspects rarely addressed in principal evaluation policies—to ensure principal performance is meeting the needs of students, teachers, and schools.