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Family Law and Children’s Rights

WP710

Summer 2012

COURSE DESCRIPTION

The course provides an overview of family law and children’s rights as they pertain to the practice of macro and clinical social work. It will build of the history and theory of social policy presented in WP 700 and WP 701. The emphasis is on current policy issues in the context of their historical development. The relative roles of the adult, the child, the family and society and adequate access to legal services and justice are considered throughout the course.

The law of the fifty states will be the basis for general discussion while the law of Massachusetts will, for the most part, be used for detailed examination.

Text, articles, cases, statutes and sample legal documents will be used to introduce both ideas and procedure.

Sheila F.G. Schwartz sfgs@comcast.net

362 Country Way, Needham, MA 02492 Phone and text: 617-633-3344

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SOCIAL WORK COMPETENCIES

THIS COURSE SUPPORTS THE ATTAINMENT OF ADVANCED PRACTICE COMPETENCY IN:

Competency 2.1.3: Critical Thinking

• Learn to read, understand, discuss and critique laws and legal cases.

• Decide a typical complex legal problem from the point of view of a sitting judge.

THIS COURSE SUPPORTS THE ATTAINMENT OF ADVANCED

PRACTICE COMPETENCY IN:

Competency 2.1.1 Professional Identity Competency 2.1.2 Ethical Practice Competency 2.1.3 Critical Thinking Competency 2.1.4 Diversity in Practice

Competency 2.1.5 Human Rights and Justice Competency 2.1.6 Research Based Practice Competency 2.1.7 Human Behavior

Competency 2.1.8 Policy Practice Competency 2.1.9 Practice Contexts

Competency 2.1.10 Engage, Assess, Intervene, Evaluate

Specific assignments in this course will assess your attainment of this competency. Information about the specific competencies and related advanced practice behaviors addressed in this course and your other MSW courses can be found at http://www.bu.edu/ssw/students/current/competency-map/

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• Evaluate conflicting legally justifiable decisions on a child-related issue and make a choice between them based on relevant law and practice.

Competency 2.1.5: Human Rights and Justice

• Examine national and state civil and criminal laws and procedures that impact children and families.

• Consider the impact of governmental and private institutions and agencies and systems in maintaining and advocating for balanced and equitable justice.

• Study the history of discrimination and the legal approaches to the elimination of bias and inequity.

• Engage in classroom discussions about the balance of rights and responsibilities required in a legal system.

Competency 2.1.8: Policy Practice

• Formulate and advocate for policies that protect and support children and the variety of family structures in which they function.

• Understand and appreciate legal concepts well enough to communicate with and support clients involved with the legal system.

• Develop familiarity and comfort with legal principles and goals to be able to work effectively with lawyers, judges and administrative agencies.

• Respect the balancing of equities required in legal thinking and decisions. Competency 2.1.9: Practice Contexts

• Analyze the legal disabilities under which children function and the effect of these on their legal rights and responsibilities.

• Critically examine changes in the composition and role of families over time and the resulting adjustment and evolution of laws regulating and supporting them.

• Understand the inequity in access to legal services for the poor and disenfranchised and consider the resources available for them.

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COURSE OBJECTIVES

By the end of the course, students will be able to:

1. Understand the principles of family law and children's issues and have an introductory knowledge of the legal system, legal process and legal reasoning. 2. Understand the law and the legal logic which are basic to the resolution of family and children's issues.

3. Relate law to social work practice and discuss the role of the social worker in policy initiatives.

4. Study the history of specific family law issues in the context of the development of social policy.

5. Understand the legal rights and disabilities of minors, the role of the state as ultimate guardian of children and the best interest of the child legal standard. 6. Understand problems faced by individuals, families and children involved in legal situations by studying:

• Statutes, regulations and legal cases which affect family legal right.

• Legal and judicial process.

• Alternative dispute resolution including negotiation, mediation, arbitration and case conferencing.

• The special needs of those who are of poor and moderate income, non-English speaking, immigrants or legal incompetents including children and the seriously disabled.

• Racial and cultural discrimination in access to legal services,

admission to law school, access to better education and health care and equity in the foster care and adoption system.

• Values, rights and responsibilities of traditional marriage. Alternatives to marriage for same sex couples and their social policy implications.

• The relative rights of men and women in marriage, divorce, paternity, child custody and support, child and family abuse, and care and protection proceedings.

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TEXT & READINGS

1. Salzman and Furman, Law in Social Work Practice, Second Edition, Nelson Hall, 1998 (paperback edition), (TEXT)

2. Bowman, editor, Family Law Advocacy For Low and Moderate Income Litigants, Massachusetts Continuing Legal Education, Inc. Boston, 2008, (MCLE)

Available online at http://www.masslegalservices.org/print/24343 3. Blackboard site for SSW WP710 Summer 2012

(blackboard.bu.edu)

The syllabus and cases can be found under “Course Documents” Relevant news articles can be found under “Course Information”. 4. Mass. General Laws can be searched at

massachusettsgenerallaws.com/generallaws.htm

COURSE OUTLINE I. MAY 23:

INTRODUCTION AND OVERVIEW OF LEGAL PROCESS .

BASIC LEGAL PRINCIPLES Overview of legal system Types of law

Legal concepts

SOCIAL WORKERS AND THE LAW Social workers in legal systems

Comparison of the professions of law and social work How to read a legal case

TEXT: pp. 6-75, 122-158 MCLE: pp. 1-5, 10-20

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II. MAY 30:

LAW AND THE POOR

Fundamental right of access to the legal system Problems of access to the legal system

Programs to achieve access to the legal system TEXT: pp. 77-97

MCLE: 13-14, 494-516, 537-538 MARRIAGE:

History of legal marriage Policy considerations Common law marriage Same sex marriage Annulment

Pre- and post-nuptial agreements Separate support

TEXT: pp. 272-285 MCLE: pp. 105-113

MGL.: Chapter 207, secs. 1-3, 6-8, 11, 19, 20, 25, 28A, 29, 33A, 38, 39.

CASES:

1. Ureneck v. Cui (Appeals Court, 2003) 2. Austin v. Austin (Appeals Court, 2004) 3. Austin v. Austin (SJC, 2005)

4. Korff v. Korff (Appeals Court, 2005) 5. Sutton v. Valois (Appeals Court, 2006) 6. Ansin v Craven-Ansin (SJC, 2010) III. JUNE 4

:

DIVORCE and ALIMONY History of legal divorce Divorce law and procedure Equitable division of property Community property

History and legal theory of alimony Male/female equity

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MCLE: pp. 121-158, 169-172, 183-189 MGL.: Chapter 208 secs. 1, 1A, 1B, 34 CASES:

1. Sampson v. Sampson (Appeals Court, 2004) 2. Yousif v. Yousif (Appeals Court, 2004

3. Salten v. Ackerman (Appeals Court, 2005) 4. Kelley v, Kelley (Appeals Court, 2005) CHILD SUPPORT

History of child support legislation Goals of child support legislation Determination of child support Racial and economic equities Enforcing child support orders TEXT: pp. 319-324 MCLE: pp. 226-235, 569-576 MGL: Chapter 208. Section 28

MGL: Chapter 119A sections 1, 1A, 2, 2A, 3B, 12 CASES:

1. Mansur v. Vinal (Probate and Family Court, 2000) 2. White v. Laingor (SJC, 2001))

3. Lang v. Koon (Appeals Court, 2004) 4. Mandel v. Mandel (Appeals Court, 2009)

IV: JUNE 6:

DIVORCE: CHILDREN

History of custody and visitation under the law Best interest of the child standard

Types of custody and visitation

Social workers and custody evaluations Role of the child

TEXT: pp. 298-318

MCLE: pp. 245-268, 366-374, 521 MGL: Chapter 208 sections 28A, 30,31

CASES:

1. Adoption of Tammy (SJC, 1993) 2. Kendall v. Kendall, (SJC, 1997))

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4. Youmans v. Ramos,(SJC, 1999) 5. B.B.V v. B.S.V. (Appeals Court, 2000_ 6. Troxel v. Granville (USSC, 2000) 7. Sayre v. Aisner (Appeals Court, 2001) 8. In re Odette (Appeals Court, 2004))

9. Dearborn v. Deausault (Appeals Court, 2004) 10. Dickenson v. Cogswell (Appeals Court, 2006 11. Pizzino v. Miller (Appeals Court, 2006) 12. Smith v. Jones (Appeals Court, 2007) 13. R.D. v, A.H. (SJC, 2009)

14. Prevaneau v Prevaneau (Appeals Court, 2009) 15. Tamarro v. O’Brien (Appeals Court, 2010) 16. Charara v. Yatim (Appeals Court, 2010) PATERNITY:

History of legal paternity Determination of paternity

Rights and obligations of unmarried parents MCLE: pp. 191-209

MGL: Chapter 209C sections 1, 2, 6 CASES:

1. Paternity of Cheryl (SJC, 2001)

2. Department of Revenue v. Ryan R. (Appeals Court, 2004)

V. JUNE 11:

CHILD ABUSE AND NEGLECT History of child abuse legislation Determination of abuse and neglect Mandated reporting statutes

Role of the social worker Racial and economic equities TEXT: pp. 222-246

MCLE: pp. 83-87, 88-91

MGL: Chapter 119 Sections 1, 21-26A, 51A, 51B, 51E, 51F MGL: Chapter 112 Sections 135A, 135B

CASES: These readings cover weeks V AND VI 1. Adoption of Lorna (Appeals Court, 1999)

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2. Adoption of Greta (SJC, 2000) 3. Adoption of Georgia (SJC, 2000 4. In Re: Quinn ( Appeals Court, 2002) 5. In Re: Lenore (Appeals Court, 2002) 6. In Re: Emily (Appeals Court, 2003)

7. In Re: Adoption of Nancy (Appeals Court, 2004) 8. Adoption of Yale (Appeals Court, 2005)

9. Adoption of Marlene (SJC, 2005)

10. Adoption of Leland (Appeals Court, 2006) 11. Adoption of Edgar (Appeals Court 2006)

12. Care and Protection of Amalie (Appeals Court, 2007)

VI. JUNE 13:

GUARDIANSHIP AND THE PLACEMENT OF CHILDREN TERMINATION OF PARENTAL RIGHTS

History of Care and Protection statutes The role of the social worker

Goals of the Care and Protection system The Care and Protection process

Racial and economic equities VII. JUNE 18:

ADOPTION

History of legal adoption Adoption procedure

The role of the social worker Confidentiality of information Open adoption International adoption Bi-racial adoption TEXT: pp. 248-269 MCLE: pp. 403-410 MGL: Chapter 210 sections 1-6 VIII. JUNE 20:

DOMESTIC VIOLENCE AND ABUSE History of domestic violence legislation Domestic violence process

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Identifying and reporting domestic violence Economic, racial and sexual equities TEXT: pp. 326-344

MCLE: pp. 67-82, 490-493, 518-520, 532 MGL Chapter 209 Section 32

MGL Chapter 209A Sections 1, 3, 3B, 4, 6, CASES:

1. Champagne v. Champagne (SJC, 1999) 2. Commonwealth v. Pike (SJC, 2000) 3. Commonwealth v. Finase (SJC, 2001) 4. Uttaro v. Uttaro (Appeals Court, 2002) 5. Dollan v. Dollan (Appeals Court, 2002) 6. Carroll v. Kartell (Appeals Court, 2002) 7. C.O. v. M.M. (SJC, 2004)

8. Commonwealth v. Habenstreit (Appeals Court, 2003) 9. Aguilar v. Hernandez-Mendez (Appeals Court, 2006 10. Commonwealth v Fappiano (Appeals Court, 2007 11. Sher v. Desmond (Appeals Court, 2007)

IX. JUNE 25:

CHILDREN’S RIGHTS AND DISABILITIES. Age Property Employment Contracts Inheritance Medical care Emancipated minor Mature minor TEXT: pp. 402-414

MGL: Chapter 28A Section 1 CASES:

1. In re Gault, (USSC, 1967)

2. Petition of Two Minors for Change of Name (Appeals Court, 2006)

.

CHILDREN: HEALTH AND EDUCATION TEXT: pp. 346-368, 431-436

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HEALTH:

Access to health care for minors

Parental v, child rights: Medical, Surgical, Abortion TEXT: pp. 346-368, 431-436

CASES:

1. Planned Parenthood League of Massachusetts, Inc. v. Attorney General (SJC, 1997)

2. In the Matter of Rena (Appeals Court, 1999) 3. In re Moe (Appeals Court, 2006)

X: JUNE 27:

EDUCATION:

History of legal access to education Discipline in schools

Home schooling Special education

Economic and racial equities MGL Chapter 111G Sections 1,2 MGL Chapter 76 Sections 1,2 MGL Chapter 71 Sections 37G, 37H, 37H 1/2 MGL Chapter 71B Sections 1,2 MGL Chapter 92 CASE:

Pyle v. School Committee of South Hadley (SJC, 2000) CHILDREN IN NEED OF SERVICES

• History of children in need statutes

• Status offenses

• Current system in Massachusetts

• Economic and racial equities TEXT: pp. 194-213

MGL Chapter 119 Sections 39E, 39F, 39G, 39H, 58, 58B, 68A.

CASES:

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ASSIGNMENTS:

There will be two papers in the course.

The first paper, due by e-mail on June 11, will be an analysis of a hypothetical divorce.

In this assignment, students get an opportunity to demonstrate these competencies:

• Learn to read, understand, discuss and critique laws and legal cases (Critical Thinking).

• Decide a typical complex legal problem from the point of view of a sitting judge (Critical Thinking).

• Respect the balancing of equities required in legal thinking and decisions (Policy Practice).

• Analyze the legal disabilities under which children function and the effect of these on their legal rights and responsibilities (Practice Contexts).

• Critically examine changes in the composition and role of families over time and the resulting adjustment and evolution of laws regulating and supporting them (Practice Contexts).

• Examine national and state civil and criminal laws and procedures that impact children and families (Human Rights and Justice).

The second paper, due by e-mail on June 20, will be a discussion of a Care and Protection case. In this assignment, students get an opportunity to demonstrate these competencies:

• Learn to read, understand, discuss and critique laws and legal cases (Critical Thinking).

• Examine national and state civil and criminal laws and procedures that impact children and families (Human Rights and Justice).

• Consider the impact of governmental and private institutions and agencies and systems in maintaining and advocating for balanced and equitable justice (Human Rights and Justice).

• Study the history of discrimination and the legal approaches to the elimination of bias and inequity (Human Rights and Justice).

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COURSE GRADING CRITERIA Papers will be graded on:

• Ability to focus on the issues

• Clarity of thought

• Appropriateness of arguments

• Understanding of basic law

• Quality of writing

Each paper will count as 50% of the final grade. I will indicate the maximum credit for each question on the assignment.

COURSE POLICIES Attendance:

Students are expected to attend all class sessions and to inform the instructor in advance of any absences. Failure to attend class sessions is likely to have a negative effect on your course grade.

Academic honesty:

Papers and presentations in the School of Social Work must meet standards of academic honesty and integrity, avoiding any possibility of plagiarism or other forms of academic misconduct. For specific information about the BUSSW policy regarding academic misconduct, see Student Handbook: Ways & Means

(http://www.bu.edu/ssw/current/stud_hb/index.shtml). Writing style and references:

Students are expected to follow the editorial and reference standards set out in the Publication Manual of the American Psychological Association (2010). This manual is available at the Mugar Library reference desk. A helpful BUSSW APA Style Guide can be found

at http://www.bu.edu/ssw/current/academic/index.shtml. Students with disabilities:

If you have a disability and want to request reasonable accommodation, the University requires that you consult with Boston University’s Office of Disability Services for information regarding this process (http://www.bu.edu/disability/). Academic writing assistance:

If you would like academic writing assistance, information can be found

at http://www.bu.edu/ssw/current/academic/assistance/index.shtml or contact the BUSSW Office of Student Services.

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Electronic devices in the classroom:

Computers may be used to support the learning activities in the classroom, with permission of your instructor. These include such activities as taking notes and accessing course readings under discussion. However, non-academic use of laptops and other devices are distracting and seriously disrupt the learning process for everyone. Neither computers nor other electronic devices are to be used in the classroom for non-academic reasons. This includes e-mailing,

texting, social networking, and use of the Internet. The use of cell phones during class time is prohibited. Please turn off cell phones and refrain from taking calls unless you are “on call” and have cleared this with the instructor prior to class. Under such circumstances, please put your phone on vibrate, sit close to a door, and step out of the room to take the call.

Religious holidays:

The school, in scheduling classes on religious holiday, intends that students observing those holidays be given ample opportunity to make up work. Faculty members who wish to observe religious holidays will arrange for another faculty member to meet their classes or for canceled classes to be rescheduled.

References

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