Family Law Task Force Minutes 2012 05-24

Minutes for Family Law Task Force Meeting May, 24, 2012

10:00 a.m until 1:15 p.m

Members Present:

Patricia Cochran, Leila D’ Ambrosio, Amanda Eden, Caitlin Evans, Natalie Hynum, Cheryl Hystad, Anne Lembo, Sara Magette, Eileen Nnoli, Desiree Reetz, Conte Robinson, Risheena  Schwemle, Janine Scott, Karen Smith, Ronika Sumlin, Ashley Wagner, and Lauren Walker.

Welcome

Trish Cochran and Karen Smith

DV & Human Rights

  • Cheryl Hystad updated the task force on the recent passage of the Baltimore City Domestic Violence Resolution.  The resolution declares that the freedom from domestic violence is a fundamental human right.  The task force discussed how to use the resolution as persuasive authority in cases.  Trish Cochran and Anne Lembo agreed to take part in a conference call regarding the Resolution 

Legislative Updates

  • MD Child ID Theft Bill:  Karen Smith discussed this bill, which was passed in response to the increase of child id theft in Maryland.  This bill will allow parents to take steps to freeze their child’s credit at any time.
  • (2) Child Support—Incarcerated Obligors—Suspension of Payments and Accrual of Arrerages: HB651.  Leila D’ Ambrosio updated the group on legislation that she was involved in.  The legislature passed a bill concerning the suspension of child support when the obligor is incarcerated.  This legislation automatically suspends child support obligations when the obligor is incarcerated and, once released, continues the stay for 60 days.  This automatic suspension of child support applies only if: (1) the obligor was sentenced for 18 months or more; (2) the obligor is not on work release and has insufficient finances to make payments; and (3) the obligor did not commit the crime with the intent of avoiding such payments. 

Case Updates

  • Karen discussed Toland v. Futagi, Port v. Cowan, and Mulligan v. Corbett, and provided those present with a brief synopsis of the cases.

Training

  • (1) Guardianship
    • Group discussed some of the overlap and confusion between elder law and child guardianships and the possibility of arranging a training on this topic. 
    • Janine gave a status update on the family law/guardianship training her committee is planning.
  • (2) Cheryl gave an update on a Symposium at American University:  Lenahan (Gonzales) v. United States
    • The event took place at AU on April 17th.  The conference had speakers that discussed the current standing of domestic orders, and the Supreme Courts’ ruling in Lenahan (Gonzales) v. United States
      • In Lenahan (Gonzales) v. United States the mother of deceased children, who were murdered by their father, brought a civil rights suit against the Castle Rock municipality and the police department, who failed to enforce a final protective order.
    • The task force watched a video (through you tube) that was shown at the conference.  The video was about the Lenahan case, and the Supreme Court’s ruling that an individual who has been granted a protective order does not have a constitutional right to enforcement of said order. 
    • The group discussed how to incorporate the Inter-American Commission on Human Rights decision.  The Inter-American Commission held that an individual who has been granted a protective order does have a fundamental human right to have that order enforced.  The Commission further held that the Supreme Court’s decision in Lenahan should be re-examined. 

 

Brochures

  • Cheryl advised the group that the brochures the Task Force has been working on were finally sent to the designer and may be expected in about a month.
  • Group discussed creating some new brochures for clients, especially to pro se litigants. 
  • The following people volunteered to work on brochures:
    • Contempt brochures- Kathleen Hughes
    • Child support & custody modification brochures- Margaret Maupin
    • List of statewide counseling services (to go on PM and MD Justice)- Erica Riley
    • Handout on what to expect when seeking custody (a procedural overview)- Sara Magette
  • The group also discussed the possibility of creating the following:
    • A list of neutral visitation exchange centers, including the costs
    • A brochure on giving temporary custody to a 3rd party when the parent is experiencing a hardship

Case Staffing

  • Janine discussed her upcoming adoption case.

Future Meetings

Future Meetings

  • July 24th at Metro Office
  • September 25th at Central Office
  • November 27th at Metro Office