Legal Rights

Parents’ legal rights in child welfare proceedings vary from state to state, and even in different cities. Work with your lawyer or a parent advocate to learn more about your rights. Rise’s interviews with lawyers offer guidance on your rights and responsibilities.

The Devil’s in the Details

What parents need to know about post-adoption contract

Almost three years ago, I signed a “conditional surrender,” giving up parental rights of my oldest child, who was eventually adopted. The agreement stated that I would continue to be able to visit my daughter. The adoptive parent broke the agreement and I have not seen my daughter in almost three years. Now I regret not fighting to keep my two children together.Here, Margaret Burt, an attorney … Read More

Clearing Your Name After an Investigation: How to Seal and Amend Your Record

States track records of parents who have been investigated by child protective services and accused of neglecting or abusing their children. A parent can be “indicated” for maltreatment even if they have never been charged with a crime or faced a judge. Nationwide, millions of parents – disproportionately Black and Latinx parents – experience employment barriers due to a child abuse registry record, even when there is no child safety concern.

Here, Washcarina Martinez Alonzo and Jeanette Vega explain how these records impact hundreds of thousands of Black and brown parents—and how you can get your record sealed and amended so it is not a barrier to employment.

‘We had to see it through for my niece, my sister, our family’: How Amber Wilkes-Smith filed an appeal to try to keep her family together

Soon after Amber Wilkes-Smith’s niece was born, she was placed in foster care in Buffalo, New York. Amber was not notified by the child welfare system, in violation of her family’s rights and child welfare requirements. By the time she found out her niece was in care, her sister’s parental rights had been terminated. Amber filed a petition through the court to try to get custody. When her petition was denied, she appealed the decision. Although Amber lost the appeal, she is sharing her experience to raise awareness of these issues, help other families and push for change.

Here, Amber and Michael Steinberg, Amber’s lawyer in the appeal, explain the appeal process. They discuss violations of parents’ and families’ legal rights and systemic injustice in the child welfare and family court systems.

Suing the System: ‘It was about fighting for my rights.’

NYC parent LaQuana Chappelle explains how and why she sued ACS.

LaQuana Chappelle’s children were removed by ACS illegally following an accident. After she got her kids back, she got a lawyer and sued the system. The case was settled with the City of New York paying damages to LaQuana and her children.

Here, LaQuana discusses her experience, the importance of knowing your rights and her advice for other parents who are considering suing.

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