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.

The Inside Scoop on CYFD and Abuse/Neglect, Part II

In addition to my labor and employment mediation/arbitration work, I am also a New Mexico domestic relations mediator and child protection worker (CASA and GAL), In a previous blog, I outlined the general process by which children believed to be abused or neglected are brought into and processed through "the system."  In this follow up blog, I'll address specific details that crop up between intake and placement.

Child Safety Assessment --Threats and Protective Capacities

As a guardian ad litem (GAL) and domestic relations mediator in New Mexico, I am attuned to issues related to the safety and adequate care of children.   The emerging conceptual model today is to assess threats of child abuse and weigh those threats against the “protective capacities” in the family, to determine whether or not a child is or can be made “safe” in a given home environment.  If the child is or cannot be made safe, the State must assume custody.  This blog reviews the new safety threat/protective capacity model or analysis.

The Inside Scoop on CYFD

As a New Mexico domestic relations mediator and child protection worker (CASA and GAL), I attend training and blog in these areas with fair regularity.  I have previously written in broad outline form about the New Mexico child protection laws, timelines and policies, and now report on training conducted in August 2011 by CYFD)and the Albuquerque Court Appointed Special Advocate (CASA) Program, in which CYFD gave a overview on CYFD policies and procedures from intake to placement.  

ICWA Processes and Placement Requirements

Besides my mediation and arbitration work, I am also a Court Appointed Special Advocate (CASA) and guardian ad litem (GAL) in New Mexico.  Recently, the Second Judicial District CASA Program organized Indian Child Welfare Act (ICWA) Trianing at the Juvenile Justice Center.  Bernie Teba, member of the Navajo Tribe and Santa Clara Pueblo, and the CYFD Tribal Liaison, discussed various ICWA processes and placement requirements which I will recount here. 

Child Protection Update - Abuse Evidenced by Abuse of Mom and Siblings

As a guardian ad litem (GAL) and alternative dispute resolution (ADR) practitioner in New Mexico, I take special interest in unusual court cases involving children.  In CYFD v. Arthur C. and Angel J., 2011-NMCA-022, the New Mexico Court of Appeals* recently reconciled rule amendments, and an amendment to Section 32A-4-19 with Court Rule 10-343, to uphold a determination of abuse in the context of an Indian Child Welfare Act (ICWA) matter, and prior abuse of another child.

ICWA requirements for Child Abuse/Neglect Adjudication in NM

As a guardian ad litem (GAL) and alternative dispute resolution (ADR) practitioner in New Mexico, I take special interest in unusual court cases involving children, and there are few child protection cases trickier than "ICWA" cases.   

In CYFD v. Marlene C., 2011-NMSC-005, the New Mexico Supreme Court has recently ruled that the court must make certain findings at the adjudication stage, under the Indian Child Welfare Act of 1978 (ICWA), 25 USC Sec. 1901-1963 (2006): (a)  the State has made active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family, and such efforts and proved unsuccessful: and  (b) there is clear and convincing evidence, such as that based on qualified expert witnesses, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.  See 25 USC Sec. 1902(e). The Court also held that Sec. 1913, regarding voluntary proceedings for placement and termination, only applies to proceedings initiated by the parent(s).  


Overall, the case serves as an excellent primer for ICWA issues and pitfalls.

NM Abuse and Neglect Processes and Proceedings

Although I began my alternative dispute resolution (ADR) career in the labor/employment field, I have since expanded my practice to include domestic relation mediation and child protection related work, as I observed in my last blog posting.  This blog will address, generally, New Mexico law on child protection processes.