Earlier this year the Court of Appeals upheld a lower court's determination that a non-parent contributed to the delinquency of a minor by helping a precocious 15 year old get a tongue piercing without the consent of a parent or legal guardian consent. See State v. Harla Webb, 2013-NMCA-027. At the same time, however, the Court reversed Webb's conviction for child abuse by endangerment because there was no evidence that the non-parent's "conduct created a substantial and foreseeable risk to [Child] of which" Webb should have been aware.
An unmaintained site where Pilar Vaile--now engaged almost exclusively as a labor arbitrator but previously also guardian ad litem (GAL) and foreclosure mediator--used to discuss legal updates and issues of interest in family law, child protection, and other miscellaneous matters touching on "heart and home." For more information on the author, please see www.pilarvailepc.com.
Disclaimer and Notice
THIS BLOG SITE IS INTENDED AND DESIGNED FOR INFORMATION PURPOSES ONLY, AND DOES NOT CONSTITUTE EITHER LEGAL ADVICE OR THE FORMATION OF AN ATTORNEY-CLIENT RELATIONSHIP.
Tuesday, April 23, 2013
Constitutional Right to Safety & Medical Care
In a development cheered by all GALs, the Ninth Circuit has concluded that children in state custody for abuse/neglect have a constitutional right to safety and adequate medical care. Henry A., et al v. Willden, Ninth Cir. Case No. 10-17680 (May 4, 2012). The case concerned a foster care reform suit brought by the National Center for Youth Law (NCYL) against Clark County (Las Vegas), Nevada, which showcased the myriad of horrific injuries sustained with the child welfare system breaks down.
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