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Current Developments_________________________________
- Administrative Order has established new limits on caseloads for law guardians in Family Court. Law Guardian Cases Are Capped at 150, New York Law Journal (NY), April 2, 2008
- Suffolk County family court judge concluded father who possessed child pornography on home computer neglected infant daughter. Court Says Dad Neglected Baby Daughter By Having 'Vile' Child Porn On Computer, New York Law Journal (SuffolkCounty), January 28, 2008
- A statewide nonprofit, anti-crime organization issued a report highly critical of New York's juvenile justice system. Group Says NY Juvenile Justice System Broken, Costs Too Much, Newsday (NY), November 1, 2007. For a copy of the report, click here.
- NYC has contracted with several non-profit providers to represent a large percentage of cases involving indigent parents accused of neglect or abuse. Agencies Hired to Represent Parents on Abuse and Neglect, New York Law Journal (NYC), May 14, 2007
- Proposed amendment to State Constitution would empower district court judges in Nassau and SuffolkCounties to hear family court cases. Plan for District Court Judges to Hear Family Cases Moves Forward , New York Law Journal (Nassau and SuffolkCounties), August 15, 2006
- Paternal grandparents retain custody of children whose father was convicted of killing their mother according to a SuffolkCounty family court judge. Bid Fails to Gain Custody of Murdered Woman's Children, New York Law Journal (SuffolkCounty), June 6, 2006
- Appellate Division affirmed decision releasing one of two women jailed for non-support without being informed of her right to counsel. Appeals Court Agrees Judge Jung Improperly Jailed Woman, North Country Gazette (FultonCounty), April 14, 2006
- New York City has transferred some judges to family court duty to handle the increase in abuse and neglect cases. Additional Judges Deployed as Child Abuse Cases Surge, New York Law Journal (NYC), February 13, 2006
- Unrepresented father in neglect proceeding should have been advised about his right to counsel according to the Appellate Division Third Department. Neglect Finding Reversed Over Counsel Issue, New York Law Journal (3rd Dept), January 17, 200
- Denial of father's request to have allegedly abused daughters examined by psychiatrist violated his right to a fair hearing according to the Appellate Division First Department. Lack of Due Process Results in New Family Court Hearing, New York Law Journal (1st Dept), March 28, 2005
- Legal and mental health experts take issue with indefiniteness of "best interest of child" standard applied in New York family courts. Experts Challenge Family Court's 'Best Interest of Child' Standard, New York Law Journal (NYC), Feb. 18, 2005
- Woman who ordered pre-teen son to rob bank was guilty of abuse and neglect according to the Appellate Division First Department. Panel Finds 'Abuse' in Mom's Ordering of Son to Rob Bank, New York Law Journal (1st Dept), Feb. 10, 2005. Read the court's decision In re Rashard D., 2005 NY Slip Op 00934 (1st Dept Feb. 8, 2005)
- Chief Judge Kaye has asked legislature to create more family court judgeships to remedy backlog. New York's Family Courts Are Swamped, Syracuse Post-Standard (NY), Feb. 10, 2005
- Settlement reached in lawsuit against New York City's Administration for Children's Services for improperly removing children who witnessed domestic violence. City, Agency Settle Suit Over Children of Battered Mothers, New York Law Journal (EDNY), December 20, 2004
- Fight between mother and grandmother in front of child qualified as neglect according to the Appellate Division Third Department. Children Held Neglected After Seeing Mother and Grandmother in Fight , New York Law Journal (3rd Dept), November 26, 2004. Read the court's decision In the Matter of Richard T., 2004 NYSlipOp 08759 (3rd Dept November 24, 2004)
- New York City agencies cannot remove children because battered mother failed to prevent them from seeing her abuse according to the Court of Appeals.Letting Children Witness Abuse Not Ground for Taking Them, New York Law Journal (NY), October 27, 2004. Read the court's decision in Nicholson v. Scoppetta, No. 113 (NY October 26, 2004)
- Drug-addicted homeless woman ordered by the Monroe County Family Court not to have any more children until she was able to support the ones in foster care. Woman Told by Judge to Have No More Kids, Newsday (MonroeCounty), July 29, 2004
- Proposed bill to expand right to counsel to indigent parents in childcare placement proceedings in New YorkState. Bill Advances to Allow Appointed Counsel for Poor Parents in Key Family Court Matters , New York Law Journal (NY), May 17, 2004
- Parent can invoke a juvenile's right to counsel according to the NY Court of Appeals. Standard Is Set for Ineffective Appellate Counsel , New York Law Journal (NY), May 5, 2004. Read the court's decision in People v. Mitchell, No. 18 (NY May 4, 2004)
- Judge can sua sponte consider lesser-included offense not charged in juvenile delinquency proceeding according to an Albany County Family Court. Lesser Offense Added in Delinquency Case, New York Law Journal (AlbanyCounty), May 5, 2004
- SaratogaCounty declined to turn over files of victims of child abuse and PINS to Court Appointed Special Advocates (CASA) due to privacy concerns, including HIPAA. CASA Pressing for County Court Files, Saratogian (SaratogaCounty), March 6, 2004
- Defense lawyer claims that removal from representation of defendant charged with child abuse in Onondaga County Court was unfair. Father's Lawyer Removed From Case, Syracuse Post-Standard (OnondagaCounty), March 4, 2004
- Changing custody was improper penalty for contempt in the absence of a full hearing according to the Appellate Division Third Department. Use of Custody as Penalty for Contempt Is Rejected, New York Law Journal (3rd Dept), February 27, 2004. Read the court's decision in Labanowski v. Labanowski, 2004 NYSlipOp 01280 (3rd Dept February 26, 2004)
- Family Court Magistrate position viewed as means for relieving backlog of cases in AlbanyCounty.Proposal Aims to Unclog Family Court System , Albany Times Union (AlbanyCounty), January 4, 2004
- Phone messages to complainant sufficient to violate order of protection without communication between the parties according to Appellate Division Second Department. Protection Order Violated Without Words, New York Law Journal (2nd Dept), September 26, 2003. Read the court's decision in People v. Squires, 2003 NYSlipOp 16787 (2nd Dept September 22, 2003)
- Domestic violence that occurred in absence of child was insufficient to establish parental neglect according to the Appellate Division First Department. Child Neglect Finding Not Supported by Domestic Violence Against Wife, New York Law Journal (1st Dept), August 22, 2003. Read the court's decision In re Daphne G, 2003 NYSlipOp 16462 (1st Dept August 21, 2003)
- Penny's Law, signed by Governor Pataki, will increase sentences for juveniles convicted of murder. Family's Call for Action Heard, Albany Times Union (NY), July 23, 2003. Read Assembly Bill A7482
- Orange County Family Court in need of reforms including more judges and better compensated attorneys. Family Court Is Dysfunctional, Times Herald-Record (OrangeCounty), June 18, 2003
- Family Court Act ยง 720(2) prohibiting judges from sending PINS contempt violators to secure detention facilities declared invalid by Queens Family Court judge. Judge Strikes Law Restricting Power of Court to Punish PINS Delinquent, New York Law Journal (Queens), June 16, 2003. Read the court's decision in Matter of Jennifer G, 2003 NYSlipOp 23616 (Fam Ct Queens County May 30, 2003)
- Albany Family Treatment Court's counseling and parenting program shows promise. Albany Family Treatment Court Program Boasts Its First Success, New York Law Journal (AlbanyCounty), June 5, 2003
- Penny's Law, which increases punishment for juvenile offenders guilty of violent crimes, has passed the Senate and Assembly. State Ends Loophole for Young Killers, Buffalo News (NY), April 15, 2003. Read the bill, A7482
- Court unlikely to penalize Green County Public Defender for not providing attorney in Family Court Article 4 Child Support proceeding. Greene County Public Defender Probably Won't Be Fined , Daily Freeman (GreeneCounty), January 16, 2003
- Family Court referees in Manhattan and Queens have refused to hear cases without the presence of court officers. Citing Security Concerns, Referees Close Courtrooms , New York Law Journal (NYC), January 14, 2003
Current Developments Outside New York
- Should Kids Go to Court in Chains?, USA Today (US), June 17, 2007
- Juvenile Defendants May Be Too Immature to Stand Trial, Appeals Panel Says, Sacramento Bee (CA), May 11, 2007
- States Vary on an Abused Kid's Right to a Lawyer, CNN (US), December 26, 2006
- Should Teenage Brain Be a Factor in Sentencing?, SouthCoast Today (US), December 13, 2006
- Justices Change Precedent on Warrantless Searches for Youths , Daily Comet (CA), December 1, 2006
- Juvenile Offender Wins on Lie Tests, Enquirer (OH), November 30, 2006
- Life-Without-Parole Youth Terms Scrutinized , Detroit News (US), July 12, 2006
- School Strip Search Ruled Unjustified, New York Law Journal (2nd Cir), May 23, 2006
- First Offenses Under Study in New Jersey, New York Times (NJ), December 8, 2005
- High Court Won't Review Newspaper Naming Juvenile, Post-Gazette (US), November 29, 2005
- Foster Kids to Get Lawyers, but Questions of Cost Remain, FultonCounty Daily Report (GA), August 10, 2005
- California Court Balks at 25 Years for Sex Registration Failure, Recorder (CA), March 30, 2005
- Study Examines Juvenile Justice System, Washington Post (US), March 14, 2005
- Boot Camps Don't Stop Violence , Yahoo News (US), October 15, 2004
- Ohio Court Overturns Procreation Order, Associated Press (OH), September 29, 2004
- Imprisoning Youths for Life Unjustly Ignores Their Age, Detroit Free Press (MI), September 15, 2004
- Mentally Ill Kids in Jail as Help Is Cut, Mercury News (CA), September 15, 2004
- Hearsay, Gone Tomorrow? Domestic Violence Cases at Issue as Judges Consider Which Evidence to Allow, American Bar Association Journal (US), September 3, 2004
- Fair Trial Concerns Produce Split Supreme Court Decision , Associated Press (MI), August 27, 2004
- Woman Sent to Jail for Smoking Around Kids, Associated Press (VA), August 17, 2004
- Federal Appeals Court Rules 11-Year-Old Boy's Confession Was Illegally Obtained, Fox 23 News (7th Cir), March 9, 2004
- A Solid Defense, Baltimore Sun (MD), February 18, 2004
- Children Will Get New Lawyers, Detroit Free Press (MI), January 14, 2004
- Unruly Students Facing Arrest, Not Detention, New York Times (OH), January 4, 2004
- Tate Ruling Seen as Precedent for Trying Children as Adults, Miami Daily Business Review (FL), January 7, 2004
- Sniper Jury Sentences Malvo to Life in Prison, WNBC (VA), December 23, 2003
- Critics Challenge Florida Law Allowing Child Life Sentences, NBC6 News (FL), December 11, 2003
- Experts: Kids Do Poorly in Adult Prison , Newsday (FL), November 14, 2003
- Putting Youths on the Right Path , Corrections Connection (US), July 14, 2003
- High Court Changes Rules for Committing Juveniles, St. Petersburg Times (FL), March 7, 2003
Practice Pointers______________________________________
- Using Medical Hearsay Evidence to Prosecute Family Child Abuse, New York Law Journal (US), March 25, 2003
- Virtual Visitation: Computer Technology Meets Child Custody Law, New York Law Journal, September 17, 2002
- Reviewing Issues of Domestic Violence Victims Privilege , New York Law Journal, May 17, 2002
- Expunging Allegations of Child Abuse, New York Law Journal, March 26, 2002
- Weighing Guardianship of a Child Versus Custody , New York Law Journal, February 25, 2002
- Reviewing in Camera Interviews in Custody Cases , New York Law Journal, November 29, 2001
Special Reports_______________________________________
COURTING TROUBLE, COURTING HOPE - A FAMILY'S JOURNEY THROUGH THE JUDICIAL SYSTEM - This series examines the workings of New York's Family Court and the impact it is having on the lives of the people who pass through it. Albany Times Union, October 10, 1999
Chapter 1: Christian in Trouble, October 10, 1999
Chapter 2: Christian in Court, October 11, 1999
Chapter 3: The Trouble at Hackett, October 12, 1999
Chapter 4: Inside Vanderheyden Hall, October 13, 1999
Chapter 5: Unbridled Talent, October 14, 1999
Chapter 6: More Trouble, October 15, 1999
Chapter 7: New Structure, October 16, 1999
Chapter 8: Later Judgement, October 17, 1999
Reports______________________________________________
Changing the Status Quo for Status Offenders: New York State's Efforts to Support Troubled Teens (VIJ 2004). This report describes cost-effective efforts to improve the New York system for handling persons in need of supervision (PINS) by working outside the courts. The report was prepared by the Vera Institute of Justice.
Access to Counsel (OJJDP 2004). This report describes the issues concerning access, entry and representation by attorneys of juvenile defendants. It focuses on quality of representation and includes recommendations for improving access. The report was prepared by the Office of Juvenile Justice and Delinquency Prevention.
Research Links_______________________________________
Juvenile Law
Family Law
Family Court
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