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CINA TASK FORCE
Chairs: Rhonda Serrano
Statewide Support Unit Advocate: Janet Forrester-Hartge
Senior Attorney Advocate: Amy Petkovsek
Senior Paralegal Advocate: Pauline Saunders
CINA Forum Posts
CINA Legal Resources
4/16/12 - SCOTUS Hears Arguments in Adoptive Couple vs. Baby Girl Case
On Tuesday, April 16, 2013, the Supreme Court will hear arguments in 12-399, Adoptive Couple v. Baby Girl, the case that addresses the legality under federal law of a non-Indian couple’s adoption of an Indian child over the father’s objection.
2012 - In Re: Victoria C. (Adult Sibling - 3rd Party Visitation)
In Re: Victoria C., 208 Md.App. 87, 56 A.3d 338 (2012)
Background: In a CINA proceeding, a child filed an ancillary
petition for visitation with her minor half-siblings. The child's father and
stepmother opposed petition. The Circuit Court entered a visitation order per the
master's recommendation and denied the father and stepmother's exceptions. DSS care and custody of the child terminated
upon the child's majority. The father and stepmother appealed from denial of
exceptions.
The Court of Special Appeals reversed, holding that:
- Child was required to establish exceptional circumstances indicating that lack of sibling visitation had significant deleterious effect upon minor half-siblings;
- No common-law presumption in favor of preserving sibling relationship applied to instant petition; and
- Child failed to establish deleterious effect amounting to exceptional circumstances warranting award of visitation over objection of half-siblings' parents.
The Court reiterated what it has held in other third-party
custody/visitation cases – that, as a natural incident of possessing a
fundamental liberty interest in directing and controlling the upbringing of
their children, parents are entitled to the long-settled presumption that a
parent's decision regarding the custody or visitation of his or her child with
third parties is in the child's best interests. Citing grandparent visitation
cases: because grandparent visitation
interferes with a fundamental right of the parent, the strict scrutiny standard
applies, requiring a threshold showing of either parental unfitness or
exceptional circumstances indicating that the lack of grandparental visitation
has a significant deleterious effect upon the children who are the subject of
the petition, in order to preserve fundamental parental liberty interests.
The Court went on to apply that strict scrutiny standard to
this case dealing with an adult sibling, holding that the strict scrutiny
standard applied to the adult sibling's petition for visitation with minor
half-siblings, requiring a threshold showing of either unfitness of the minor
half-siblings' parents or exceptional circumstances indicating that lack of
sibling visitation had a significant deleterious effect upon the minor
half-siblings, given parents' fundamental liberty interest in care, custody,
and control of the minor half-siblings.
The Court found that there is no common-law presumption in favor of
preserving sibling relationship. “While
the sibling relationship has long been recognized as an important one, which
will be given significant consideration and protection by courts involving the
family, it is not a relationship of constitutional dimension.”
There must be a finding of either parental unfitness or
exceptional circumstances demonstrating the current or future detriment to the
child, absent visitation from the third party, as a prerequisite to the
application of the best interests analysis to a petition for third party
visitation. The Court restated the factors used to determine exceptional
circumstances in third-party custody matters:
(1) the length of time the child has been away from the biological
parent; (2) the age of the child when care was assumed by the third party; (3)
the possible emotional effect on the child of a change in custody; (4) the
period of time which elapsed before the parent sought to reclaim the child; (5)
the nature and strength of the ties between the child and the third party
custodian; (6) the intensity and genuineness of the parent's desire to have the
child; and (7) the stability and certainty as to the child's future in the
custody of the parent. The Court,
however, went on to say that the factors used to determine the existence of
exceptional circumstances in the context of third-party custody disputes “do
not neatly translate to the realm of visitation disputes, and are not always
particularly relevant or helpful in that context.” “In the context of third-party visitation
cases, a court focuses on the ability of the party seeking visitation to show
future detriment upon the minor children if visitation is not permitted.” “It is a weighty task for a third party to
demonstrate exceptional circumstances which overcome the presumption that a
parent acts in the best interest of his or her children and which overcome the
constitutional right of a parent to raise his or her own children; mere
speculative evidence of future harm to the minor children does not overcome
this high evidentiary hurdle.”
In this case, the adult sibling failed to establish
deleterious effect amounting to exceptional circumstances warranting award of
visitation with her minor half-siblings over the objection of the half-siblings'
parents; the adult sibling left the family home due to indicated finding of
abuse against the father, when the half-siblings were aged three years and 18
months, and had very poor relationship with the father, no evidence indicated
that the half-siblings had suffered any negative effect as result of the absence
of visitation, and some evidence indicated that the half-siblings could be
harmed by visitation by being drawn into the hostility between the adult
sibling and the father. The harm suffered
by an adult as the result of a denial of visitation with minor children is not
a consideration in a court's exceptional circumstances analysis; instead, the
focus must be on whether a minor child is harmed by the absence of visitation.
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More on the Baby Veronica Case before SCOTUS: NYT Forum on Adoptive Parents vs. Tribal Rights
The New York Times
1/24/13
Adoptive Parents vs.
Tribal Rights
The
Supreme Court has agreed to consider an adoption case involving a South Carolina couple
who were ordered to turn over a 2-year-old girl they had cared for since birth
to her biological father, a member of the Cherokee Nation, whom she had never met.
While South Carolina
law says the girl, Veronica, should stay with the adoptive parents, federal
law, under the Indian Child Welfare Act, says tribal authorities should decide
the case.
Should
the adoption of American Indian children receive special consideration, or is
it too focused on race? Kevin Noble Maillard, a professor of law at Syracuse University and a member of the Seminole
Nation of Oklahoma, organized this discussion.
For the forum, click
NYT Room for Debate: Adoptive Parents vs. Tribal Rights.
DHR policy for foster youth regarding tuition waiver, FASFA and ETV
I have attached the October, 2012 DHR policy on the tuition waiver, and ETV (federal funds) to use in causing DSS to support your clients’ college ambitions.
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New Free Online Toolkit Aims to Inform Lawyers Who Work With Traumatized Youth
Find this new resource at: http://www.safestartcenter.org/resources/toolkit-court-involved-youth-exposure-violence.php
From the ABA press release and website:
Research shows that most young people entering the juvenile or adult justice system have been exposed to violence and other traumatic events, and often they have experienced trauma multiple times. Research also shows that the greater the degree of exposure, the more likely the child will suffer physically, socially and emotionally, says Howard Davidson, director of the American Bar Association Center on Children and the Law.
These factors led to the creation of a free toolkit, available online and intended for use by the justice system. The toolkit, titled “Identifying Polyvictimization and Trauma Among Court-Involved Children and Youth: A Checklist and Resource Guide for Attorneys and Other Court-Appointed Advocates,” is designed to make legal representation of children in delinquency, dependency (abuse/neglect) and other cases more focused on addressing the victimization a child client has experienced, and on how that client has been affected by multiple traumas, Davidson says.
Lawyers can use the toolkit’s checklist to identify and better understand what violence and other distress their child clients have experienced, he says. The checklist provides a vehicle to help lawyers determine whether the youth they represent has one of more than 20 adverse symptoms that may indicate their client is suffering from severe traumatic stress.
“If their client has traumatic stress, there is a flowchart to help the lawyer understand what trauma-informed referrals and services the child may need,” Davidson says.
Accompanying the toolkit is the issue brief “Victimization and Trauma Experienced by Children and Youth: Implications for Legal Advocates.” Among the topics the document covers are: understanding the symptoms of traumatic stress; the role of legal advocates, judges and court staff; screening instruments for identifying past trauma and exposure to violence; descriptions of relevant state and local initiatives; and considerations related to developing a trauma-informed legal practice.
The tools stand to benefit lawyers and their child clients, Davidson explains. “Many children and youth in the child welfare and juvenile justice systems have experienced or witnessed violence or other traumatic events and suffered the fear of ongoing exposure to harm,” he says. “Trauma-informed care and evidence-based mental health treatments are a crucial part of recovery. These tools were developed to increase awareness of these issues among the legal profession, especially court-appointed lawyers for children in juvenile and family courts.”
Davidson encouraged development of the documents and facilitated support for them through the Safe Start Center, a program funded by the Department of Justice. The final products represent a partnership between the ABA, Safe Start, Child and Family Policy Associates and the Chadwick Center for Children and Families.
“I hope that these documents will be widely disseminated and utilized, so that we will truly have trauma-informed legal advocacy for vulnerable children and youth across the country,” Davidson says.
CINA Task Force meeting
Date:
Tue, 11/12/2013 - 10:00am - 12:00pm
If you are a member of the Task Force, find the GoToMeeting information at:
http://www.mdjustice.org/CINATaskForceGoToMeeting
Be sure to sign in to see the page.
Locations:
Nov. 12 - Montgomery
Sponsor:
Maryland Legal Aid
CINA Task Force meeting
Date:
Fri, 09/20/2013 - 10:00am - 12:00pm
If you are a member of the Task Force, find the GoToMeeting information at:
http://www.mdjustice.org/CINATaskForceGoToMeeting
Be sure to sign in to see the page.
Locations:
Sept. 20 - Baltimore
Nov. 12 - Montgomery
Sponsor:
Maryland Legal Aid
CINA Task Force meeting
Date:
Mon, 07/08/2013 - 10:00am - 12:00pm
If you are a member of the Task Force, find the GoToMeeting information at:
http://www.mdjustice.org/CINATaskForceGoToMeeting
Be sure to sign in to see the page.
Locations:
July 8 - Southern MD
Sept. 20 - Baltimore
Nov. 12 - Montgomery
Sponsor:
Maryland Legal Aid
CINA Task Force meeting
Date:
Mon, 05/06/2013 - 10:00am - 12:00pm
If you are a member of the Task Force, find the GoToMeeting information at:
http://www.mdjustice.org/CINATaskForceGoToMeeting
Be sure to sign in to see the page.
Locations:
May 6 - Metro
July 8 - Southern MD
Sept. 20 - Baltimore
Nov. 12 - Montgomery
Sponsor:
Maryland Legal Aid
CINA Task Force meeting
Date:
Tue, 03/05/2013 - 10:00am - 12:00pm
If you are a member of the Task Force, find the GoToMeeting information at:
http://www.mdjustice.org/CINATaskForceGoToMeeting
Be sure to sign in to see the page.
Locations:
March 5 - Annapolis
May 6 - Metro
July 8 - Southern MD
Sept. 20 - Baltimore
Nov. 12 - Montgomery
Sponsor:
Maryland Legal Aid
CINA Task Force meeting
Date:
Tue, 01/29/2013 - 10:00am - 12:00pm
If you are a member of the Task Force, find the GoToMeeting information at:
http://www.mdjustice.org/CINATaskForceGoToMeeting
Be sure to sign in to see the page.
Locations:
Jan. 29 - Baltimore
March 5 - Annapolis
May 6 - Metro
July 8 - Southern MD
Sept. 20 - Baltimore
Nov. 12 - Montgomery
Sponsor:
Maryland Legal Aid
MD gets $36.5 million for improving children's access to health insurance
From the Baltimore Sun:
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MD gets $36.5 million for improving children's access to health insurance
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By Andrea K. Walker
December 19 2012, 5:49 PM EST
The federal government has awarded Maryland $36.5 million for its success at getting children enrolled in government subsidized health programs.
The complete article can be viewed at:
http://www.baltimoresun.com/health/blog/bal-childrens-grant,0,731458.story
Free Tax Return Preparation for You by Volunteers
The IRS Volunteer Income Tax Assistance (VITA) and the Tax Counseling for the Elderly (TCE) Programs offer free tax help for taxpayers who qualify.
VITA
The VITA Program offers free tax help to people who generally make $50,000 or less and need assistance in preparing their own tax returns. IRS-certified volunteers provide free basic income tax return preparation to qualified individuals in local communities. They can inform taxpayers about special tax credits for which they may qualify such as Earned Income Tax Credit, Child Tax Credit, and Credit for the Elderly or the Disabled. VITA sites are generally located at community and neighborhood centers, libraries, schools, shopping malls, and other convenient locations. Most locations also offer free electronic filing.
Find a VITA site near you or call 1-800-906-9887.
TCE
The TCE Program offers free tax help for all with priority assistance to people who are 60 years of age and older, specializing in questions about pensions and retirement issues unique to seniors. IRS-certified volunteers who provide tax counseling are often retired individuals associated with non-profit organizations that receive grants from the IRS.
Find an AARP Tax-Aide, site near you or call 1-888-227-7669 for more information on TCE
Facilitated Self-Assistance
In addition to traditional face-to-face tax preparation, the IRS is launching a self-assistance service at select locations. If individuals have a simple tax return and need a little help or do not have access to a computer, they can visit one of the participating tax preparation sites and an IRS-certified volunteer will guide them through the process.
Find a Facilitated Self-Assistance site near you
Items you need to bring to the VITA/TCE sites to have your tax returns prepared:
- Proof of identification – Picture ID
- Social Security Cards for you, your spouse and dependents or a Social Security Number verification letter issued by the Social Security Administration or
- Individual Taxpayer Identification Number (ITIN) assignment letter for you, your spouse and dependents
- Proof of foreign status, if applying for an ITIN
- Birth dates for you, your spouse and dependents on the tax return
- Wage and earning statement(s) Form W-2, W-2G, 1099-R, 1099-Misc from all employers
- Interest and dividend statements from banks (Forms 1099)
- A copy of last year’s federal and state returns if available
- Proof of bank account routing numbers and account numbers for Direct Deposit, such as a blank check
- Total paid for daycare provider and the daycare provider's tax identifying number (the provider's Social Security Number or the provider's business Employer Identification Number) if appropriate
- To file taxes electronically on a married-filing-joint tax return, both spouses must be present to sign the required forms.
It is extremely important that each person use the correct Social Security Number. The most accurate information is usually located on your original Social Security card. If you do not have an SSN for you or a dependent, you should complete Form SS-5, Social Security Number Application. This form should be submitted to the nearest Social Security Administration Office.
If you or your dependent is not eligible to get a Social Security Number, you may need an Individual Taxpayer Identification Number (ITIN).
The text above comes from the IRS at: http://www.irs.gov/individuals/article/0,,id=107626,00.html
Guardianship Handbook
What do you do if your grandfather, who lives alone and can no longer cook for himself, won't leave his home for a nursing home or assisted living facility?
What do you do if your aunt can no longer manage her finances but seems capable of caring for herself in her small apartment?
These questions and others are answered in the new edition of the Guardianship Handbook . . .
The Law & Health Care Program at the University of Maryland Francis King Carey School of Law (UM Carey Law) and the Delivery of Legal Services Section Council of the Maryland State Bar Association (MSBA) have published a guide to help both laypeople and attorneys navigate adult guardianship in Maryland. “Guardianship and Its Alternatives: A Handbook on Maryland Law” was originally written by UM Carey Law Professor Joan O'Sullivan, a champion for the legal rights of the elderly, who passed away in 2007. The 2011 Edition was revised and updated by Virginia Rowthorn, JD, Managing Director of the Law & Health Care Program, and Ellen Callegary, JD, a prominent elder law and disability lawyer in Maryland.
The impetus for the updated Handbook was various changes in guardianship law over the last two decades and a realization by elder law and disability lawyers on the Delivery of Legal Services Section Council that there is a great need for practical, easy-to-read advice regarding guardianship for elderly and disabled Maryland residents. The Handbook also sets forth a comprehensive list of alternatives to the formal guardianship process, a time-consuming and sweeping process that may not always be necessary to address a number of problems associated with lack of decision-making capacity.
The book is available as an online guide you can page through at: http://issuu.com/umcareylaw/docs/law_handbook?mode=window&backgroundColor=%23222222
Guardianship Handbook Now Available
Revised and Updated Guardianship Handbook Now Available
What do you do if your grandfather, who lives alone and can no longer cook for himself, won't leave his home for a nursing home or assisted living facility?
What do you do if your aunt can no longer manage her finances but seems capable of caring for herself in her small apartment?
These questions and others are answered in the new edition of the Guardianship Handbook . . .
The Law & Health Care Program at the University of Maryland Francis King Carey School of Law (UM Carey Law) and the Delivery of Legal Services Section Council of the Maryland State Bar Association (MSBA) have published a guide to help both laypeople and attorneys navigate adult guardianship in Maryland. “Guardianship and Its Alternatives: A Handbook on Maryland Law” was originally written by UM Carey Law Professor Joan O'Sullivan, a champion for the legal rights of the elderly, who passed away in 2007. The 2011 Edition was revised and updated by Virginia Rowthorn, JD, Managing Director of the Law & Health Care Program, and Ellen Callegary, JD, a prominent elder law and disability lawyer in Maryland.
Callegary, a 1978 graduate of UM Carey Law and a member of the Alumni Board, is a founding partner of the Baltimore law firm of Callegary & Steedman, P.A and has a long history of involvement in disability and elderly issues. During her ten years as an Assistant Attorney General for the State of Maryland, she worked directly with two Attorneys General advising state agencies on matters related to the rights of persons with disabilities and serving as principal counsel for the Department of Juvenile Services. She also serves as an Adjunct Professor of Law at UM Carey Law, where she most recently taught the Civil Right of Persons with Disabilities Seminar. Rowthorn, who has worked for DLA Piper and the Office of General Counsel at the U.S. Department of Health and Human Services, and served as a Legislative Assistant on the US Senate Veterans Affairs Committee, teaches the Health Law Workshop and directs the Health Law Externship Program.
The impetus for the updated Handbook was various changes in guardianship law over the last two decades and a realization by elder law and disability lawyers on the Delivery of Legal Services Section Council that there is a great need for practical, easy-to-read advice regarding guardianship for elderly and disabled Maryland residents. Suzanne Sangree, Chief Solicitor at the Baltimore City Department of Law, and Past Chair of the Delivery of Legal Services Section Council and Yoanna Moisides, Assistant Director of Advocacy for Training and Pro Bono at Maryland Legal Aid, and Current Chair of the Section Council also wanted a Handbook that set forth a comprehensive list of alternatives to the formal guardianship process, a time-consuming and sweeping process that may not always be necessary to address a number of problems associated with lack of decision-making capacity.
Supported by funds from the Law & Health Care Program, the Rueben Shiling Mental Health Law Fund, the Dr. Richard H. Heller Fund, and the Maryland Bar Foundation, the Handbook will be made available free of charge to attorneys and laypeople throughout the state. All or portions of the Handbook can be duplicated and distributed without charge with proper attribution to the UM Carey Law’s Law & Health Care Program and the Maryland State Bar Association.
CINA Task Force meetings
Date:
Tue, 02/14/2012 - 10:00am - 12:00pm
If you are a member of the Task Force, find the GoToMeeting information at:
http://www.mdjustice.org/CINATaskForceGoToMeeting
Be sure to sign in to see the page.
Locations:
Feb. 14th – AA Co.
April 9th - Baltimore
June 8th – So. Md.
Sept. 14th - Metro
Nov. 27th - Baltimore
Sponsor:
Maryland Legal Aid
Medicaid's Impact in the States: Helping People with Serious Health Care Needs
To better understand the importance of Medicaid for people whose health care needs require regular medical attention, Families USA contracted with the Lewin Group to look at the number of individuals in each state with cancer, diabetes, chronic lung disease, heart disease or stroke who rely on Medicaid for their health coverage. Click here to see your state’s report.
The Maryland report, which contains very useful state-level numbers, is also attached.
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Training on Employed Individuals with Disabilities (EID) Program eligibility process and outreach
Date:
Wed, 10/05/2011 - 1:00pm - 4:30pm
You and your staff are invited to attend a training on the EID application and eligibility process and how to conduct EID outreach. The training will be held on Wednesday, October 5, 1:00 pm – 4:30 pm at the Workforce and Technology Center, 2301 Argonne Drive, Baltimore, MD 21218 in Room T-130. The agenda is attached. Light refreshments will be served.
As many of you know, the EID Outreach Project operated by the Maryland Department of Disabilities since 2008 will cease its operations on June 30, 2012 due to the end of its federal grant. The project has assisted individuals to apply for EID and has conducted extensive outreach for the program.
The training is designed to enable other agencies to assist people to apply for EID and perform outreach to individuals they serve. Note that the training will be more detailed than the outreach presentations many of you have attended before. The session will review the intricacies of the EID eligibility process to enable agencies to help individuals navigate it successfully. The training will be delivered by the Medicaid Division of Eligibility Waiver Services (which determines EID eligibility), the Medicaid Policy Unit, and the EID Outreach Project.
Please confirm your attendance by Monday, September 19. Thank you very much!
Michael Dalto, Work Incentives Project Director
Maryland Department of Disabilities (MDOD)
217 E. Redwood St., Suite 1300
Baltimore, MD 21202
443-514-5922
1-800-637-4113
mdalto@mdod.state.md.us
www.mdod.maryland.gov
Sponsor:
EID Outreach Project, Maryland Department of Disabilities
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