RE: Judges' decisions

[Frank Vandervort <vort@xxxxxxxxx>]

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In the United States, Title IV-E establishes the standard for removal 
as "contrary to the welfare of the child." See 42 USC 672(a)(2)(A). 
That is, in order for a state to receive federal funding for foster 
care services, the state must require removal where remaining in the 
home may be "contrary to the welfare of the child." Many individual 
states have adopted this test for removal. For example, here in 
Michigan our juvenile court rules implement the federally derived 
standard. Michigan Court Rule  3.965, which governs the preliminary 
hearing (called a shelter care hearing in some states). That rule 
establishes the criteria for placing a child outside the parental 
home: "Criteria. If continuing the child's residence in the home is 
contrary to the welfare of the child, the court shall not return the 
child to the home, but shall order the child placed in the most 
family-like setting available consistent with the child's needs." MCR 
3.965(C)(2). The rules define phrase "contrary to the welfare of the 
child" in this way: "'Contrary to the welfare of the child' includes, 
but is not limited to, situations in which the child's life, physical 
health, or mental well-being is unreasonably placed at risk." MCR 
3.903(C)(3). Obviously this is a very broad grant of authority to 
remove a child from the child's home, which will need to be 
determined on a case-by-case basis.

Frank Vandervort

At 01:34 PM 11/14/2006, Hollows, Anne E wrote:
>See Reder, Duncan and Lucey (2003) Studies in the Assessment of 
>Parenting : Routledge London
>There is a chapter on How judges decide, written by a senior family 
>court judge in the UK
>
>Dr Anne Hollows
>Principal Lecturer in Social Work/Child and Family Research Coordinator
>Centre for Health and Social Work Research
>Sheffield Hallam University
>Collegiate Hall
>Collegiate Crescent
>Sheffield S10 2BP
>
>+44(0)114 2252369 (direct line)
>+44(0)114 2255854
>a.e.hollows@shu.ac.uk
>
>http://www.shu.ac.uk/research/hsc/
>
>
>
>
>-----Original Message-----
>From: owner-CHILD-MALTREATMENT-RESEARCH-L@cornell.edu 
>[mailto:owner-CHILD-MALTREATMENT-RESEARCH-L@cornell.edu] On Behalf 
>Of Jane Marshall
>Sent: 13 November 2006 16:09
>To: Child Maltreatment Researchers
>Subject: Judges' decisions
>
>Hello all,
>
>Could anyone provide references on the factors judges use to base 
>their decisions of placement, reunification, or termination of 
>foster children with their caregivers?  I am especially interested 
>in the literature on cases of substance abusing caregivers.
>
>Thank you!
>jmarsha3@uiuc.edu
>
>
>Jane Marie Marshall, M.A.
>
>School of Social Work
>Children and Family Research Center
>University of IL at Urbana-Champaign
>1207 West Oregon Street
>Urbana IL 61801
>Phone: 217-244-4662
>Fax: 217-333-7629

Frank E. Vandervort
Clinical Assistant Professor of Law
University of Michigan Law School
Child Advocacy Law Clinic
313 Legal Research Building
625 S. State Street
Ann Arbor, MI 48109-1215
(734) 763-5000

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