Legal Rights

Burden of Proof

Fathers must take responsibility to earn their rights.

Lauren Elfant, an attorney with Bronx Defenders, explains fathers; legal rights and responsibilities.

Q: How can new fathers protect their relationships with their children?A: When your child is born, you want the mom to put your name on the birth certificate and you want to stay involved. Regular contact with your children is very important. If you’re not on your child’s birth certificate, then you should … Read More

Legal Rights

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

Legal Rights

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.

Handling Your Case

How to Prevent Termination

We interviewed Kathy Gomez, managing attorney of the Family Advocacy Unit at Community Legal Services of Philadelphia, and Michael Wagner, director of permanency at the Children’s Aid Society, a foster care agency in New York City, about how parents  can prevent termination. Here is their advice: 

1. Get Started Right Away 

Michael Wagner: Someone wise once said to me that permanency planning is like a horse race—all the horses have to start out running and have to run … Read More

Rise Magazine

The Problems with “The Tool We Have”

Throughout our 2019 series Surveillance Isn’t Safety, Rise described how over-reporting, investigations and monitoring by child protective services (CPS) harm families and weaken communities impacted by systemic racism and under-investment. Struggling families face investigations by punitive child welfare agencies with the power to take their children — but not the ability to address societal inequities at the root of so many family challenges.

Here, Kelley Fong explains her research finding that often professionals make reports to CPS to “rehabilitate” families. In most cases, the children are not in danger, but mandated reporters turn to CPS to provide resources or to pressure families to behave in ways they feel are appropriate. She also discusses research about better ways to support families without coercion and threat.

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