An abandoned, neglected or abused child who is not a citizen of the USA may be found to be a special immigrant juvenile [SIJ] which may serve as a first step in filing for citizenship in the USA. (8 U.S.C. § 1101 (a)(27)(J)). These children no longer need be under foster care, as was previously […]
Equitable Estoppel Applied To Late Governmental Claim.
Two third grade girls complained about their male teacher touching them in private areas of their bodies. School administrators repeatedly admonished the parents and children not to discuss the situations with anyone but the police. Police investigations proceeded slowly, and more than a year after the first reports, the teacher pleaded guilty and was sentenced. […]
New Child Support Law In California Family Law.
In Jackson v. Jackson (1975) 51 Cal.App.3d 363, [124 Cal.Rptr. 101], the court held that in a marital action, when a couple switched custody, and the children went to live with the father, California law would allow credit to the father for the child support he rendered to the children while they were in his […]
Use Of Handcuffs On 6th Grader With ADHD Violates Fourth Amendment.
An 11-year-old child with attention-deficit and hyperactivity disorder [ADHD] was sitting in a school playground being nonresponsive to teachers. The boy forgot to take his medications that morning and was right next to a busy thoroughfare. Police were called. The dispatcher broadcast the school had “an out of control juvenile.” School authorities told police the […]
Same Pornographic Story; Different Twist.
A man brought his computer in for servicing, and the repairman viewed what appeared to him “to be underage girls engaged in sexual activity.” He called the police. The responding officer indicated the images the repairman saw did not appear to be pornographic, but asked the repairman to search the rest of the computer. The […]
Navy’s Surveillance Information Suppressed.
A special agent of the Naval Criminal Investigative Service [NCIS] found evidence of internet activity involving child pornography and turned the information over to civilian authorities. A man was then arrested, convicted and sentenced to 18 years in prison for possessing and distributing child pornography. A federal district court refused to suppress the evidence, and […]
Victim Found To Be Unavailable To Testify Under Sixth Amendment.
The Sixth Amendment provides that an accused shall have the right to be confronted with witnesses against him. In this criminal case alleging child molestation, a jury deadlocked 10 to 2 in favor of conviction in the first trial. In that first trial, the victim, a kindergartener, testified and was cross-examined, but when the case […]
Court Erred In Not Considering Domestic Violence When Ordering Custody Of Children.
Without considering the effect of domestic violence restraining orders against the father or finding any significant change in circumstances, the trial court modified an earlier custody order which gave sole legal and physical custody of the children to their mother. The new order granted joint legal and physical custody to the parents. The appellate opinion […]
Child Slavery: “Those Who Deny Freedom To Others Deserve It Not For Themselves.” Abraham Lincoln.
Plaintiffs are former child slaves who were forced to harvest cocoa in the Ivory Coast in West Africa, working up to 14 hours a day six days a week with only scraps of food to eat. They filed claims under the Alien Tort Statute [28 U.S.C. §1350] against American companies alleging they aided and abetted […]
Visitation: Grandparent’s Rights vs. Mother’s Right To Parent.
A juvenile court judge in dependency court terminated the court’s jurisdiction over a minor. At the same time, the court ordered regular visitation with the paternal grandmother. The child’s mother contended the visitation order impermissibly infringed on her fundamental parenting rights under the Fourteenth Amendment to the United States Constitution. Welfare and Institutions Code section […]
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