The legal analysis posted last week on this blog by Daniel Pollack discussing legal immunity for children services social workers was comprehensive and well done. A review of Ohio federal cases on point is very interesting and enlightening.
The Sixth Circuit Court of Appeals has decided on the issue of whether a caseworker can be personally liable.1 In Holloway, the court determined that absolute immunity applies to a caseworker only when they are acting in the scope of a legal advocate (such as a prosecutor) which is not their role under Ohio law. The caseworker sued in Holloway withheld information from the Court that the mother had attempted to assert her parental rights, lying to the mother in telling her that her parental rights had been terminated when they had not and in failing to share information which would have allowed mother an opportunity to assert her rights in Court. Analogizing the caseworker’s actions to a usurpation of the court’s authority, the Court stated that the caseworker did not have absolute immunity, but may have qualified immunity from liability. This distinction would leave the worker … Read More... “Should Ohio Social Workers Be Looking Over Their Shoulders?”
It is an accepted principle that a parent has a constitutionally protected interest in the custody and care of his or her child. This interest does have exceptions, especially when the child may be in immediate or apparent danger. This is when child protection services gets involved. Crucial to every child protection investigation is to establish the facts and circumstances of the case. When these are presented to the court at a dependency hearing, the evidence may become proof.
For many parents contemplating a divorce or dissolution of their marriage, a primary concern is which parent shall have “custody” of the child or children of the marriage. I shall begin the article by addressing the differences between the two parenting systems in Ohio – “sole custody” and “shared parenting”.
As we all know, the typical family from the 1950’s television shows such as “Leave it to Beaver” have become a rarity over the years. A couple celebrating their golden wedding anniversary is not so commonplace. Today, approximately fifty percent of all marriages end in divorce. In the traditional family, estates usually involve wills and the use of “joint and survivorship” ownership between husband and wife or “beneficiary designations” to ensure that upon the death of a spouse everything would pass to the surviving spouse. However, in today’s modern family, there may be a second or even third spouse and children from prior marriages. How does an individual take care of his or her current spouse yet protect his/her children from a prior marriage?
I would like to share some constructive fee-cutting suggestions for you to consider implementing after you have done your “due diligence” in selecting the right attorney for you and your issues. Many of the cases I have handled over the last 30 years are family law matters which are engagements typically based upon the number of hours spent in the representation. The amount of time to complete these cases varies based upon many factors, including the nature of the issues, contentiousness of the parties, and the cooperation level existing between both counsel. Recently, I have been asked by several clients what they can do to help reduce their attorney fees. Certainly, this is an excellent question especially with money being so tight and all of us having to deal with our poor economy. Each attorney would no doubt answer this question differently. So, be sure to ask your attorney about his or her own particular preferences. Here are some of my simple tips to reduce your attorney fees:
Our responsibility as parents is to nurture and protect our children. We do everything possible to ensure their physical safety and to care for their emotional and psychological needs as well. It seems a bit odd to think that many children and teens feel like it is their responsibility to protect us.
On July 1, 2009, I received a decision on one of the more interesting cases I have worked on since embarking on my legal career. The case started out as a custody case in Juvenile Court, but quickly spiraled into a full-scale federal trial; and subsequently, an appeal in the United States Court of Appeals for the Sixth Circuit. It’s safe to say that this was not your typical custody case. What made this case different, among other things, was that the family had moved to Ohio from Israel and the mother had returned to Israel. While in Israel, she decided to pursue custody and filed a Petition for the return of the minor child under the Hague Convention on the Civil Aspects of International Child Abduction, claiming that our client, the child’s father, had kidnapped the child and wrongfully retained him here in the United States instead of allowing him to return to Israel.