child welfare 2 (part two)

• Home Study
• Pre-placement conference
• Presentation
• Visitation
• Placement
• Post-placement
• Petition
• Finalization

• The child is a part of a sibling group of two (2) or more children who are placed together in one family, at the same time, for the purpose of adoption.
• The child is of minority heritage, age 2 years or over
• The child is Caucasian, age 9 or over

• The child’s life experiences include three (3) or more years in Tennessee DCS state custody
• The child’s life experiences include neglect, physical abuse or sexual abuse which rises to the level of severe child abuse as defined in TCA 37-1-102 (b) (21) and as indicated by DCS or adjudicated by a court.

The child has a moderate to severe medical, physical or psychological condition, diagnosed by a licensed physician, psychologist or licensed mental health professional and the identified condition requires treatment

• Deferred Adoption Assistance is reserved for children at high risk of developing, in the future, significant medical, psychological, emotional or behavioral issues due to their past history.
•      -due to genetic background or birth parent's medical history
•      -infant exposed to alcohol/drugs
•      -history of multiple foster/adoptive disrupted placements of 3 or more

• Fewer infants available for adoption
• Increase in special needs children
• Independent adoptions
• Permanency planning
• Placement for adolescents
• Adoption resource exchange
• Lifelong support services

• Lack of control
• Inadequacy
• Stigmatized
• Blaming
• Bitterness and anger
• Giving up

• Healthy infants are not as available for adoption
•      •5-10 year wait through agencies
• Older children
•      •More likely to have been abused or neglected
• Sibling groups
•      •More effort is being put in keeping siblings together

• Couples or individuals
• May or may not experience infertility
• May be same sex couples
• May or may not also be resource parents
• Full disclosure
• How open should they be?
• Post-adoption contact?
• Expectation is often different from the reality

• Combined impact of immigration, industrialization, and urbanization
• The Child Saving Movement
• Reform School Movement
• Parens Patriae
• Charles Loring Brace
• Jane Adams and Julia Lathrop

• almshouses
• work houses
• alsylums for minor offenses
• same punishment as adults for serious crimes

• Development of services to meet the needs of children: shelter homes, educational opportunities and social activities
• Advocated for states to have legal jurisdiction to “control and protect” children
• Led to the establishment of specialized institutions, “houses of refuge”,  for the purpose of preventing future poverty and crime
• Children were separated from their undesirable environments, including their parents

Institutions exclusively for delinquent and homeless children

• The state is the parent
• Refuge houses were given complete parental control over delinquent and dependent children
• O’Connell vsTurner
•      -Challenged the commitment of children without due process of law
•      -Resulted in admission being restricted to only those children who committed delinquent acts.

• Opposed refuge houses and reform schools
• Orphan Trains
• New York homeless children were sent west to help on rural farms
• Dual purpose
•      -Provide homes for the children
•      -Moral reform

used their influence to develop legislation that created the first juvenile court in Chicago in 1899

• Children committed crimes, not from a sense of evil or malice, but rather from a sense of need
• Children suffering from abuse or neglect have to be removed from the family, requiring special procedures to ensure rights were protected
• Those making decisions about delinquent, abused, or neglected children should have expertise needed to understand the young.

• Made a clear distinction between delinquent and dependent children
• Established a separate court for juveniles
• Provided for juvenile probation
• Permitted commitment of children to institutions under the control of the state law
• Established juvenile delinquency as a legal concept

• Kent v United States
• In re Gualt
• In re Winship
• McKeiver v Pennsylvania

Procedure required for waiving juvenile offenders to adult court

• Upheld constitutional rights for children to have due process
•      -Notice of charges
•      -Right to counsel
•      -Right to confront accuser
•      -Rightto not self incriminate

Required legal standard of “proof beyond a reasonable doubt” in cases where a juvenile was facing an adult charge

Juveniles do not have the right to a jury trial

• Delinquency
• Unruliness
• Dependency, Abuse, and Neglect
• Termination of parental rights
• Paternity determination
• Child support
• Adoption
• Appointment of a GAL
• Request for emancipation
• Request for minor to have abortion without parental consent

• Intake: Petition is filed
• Investigation:  Preliminary hearing
• Adjudication:  fact finding or trial phase
• Disposition: All orders after the adjudication, how the child is to be treated

• Complaint
• Probable cause hearing
• Arraignment
• Trial
• Sentencing