Family Law Newsletters
Child Welfare Agencies’ Potential Malpractice Liability for Improperly Detaining a Child in the Foster Care System
States have enacted laws requiring the filing of reports of suspected child abuse and neglect, and most states have specialized child protective agencies to investigate these reports. The organization of the agencies varies greatly from state to state. Child protective agencies should essentially perform the same functions.
Foster care is defined as the temporary placement of a child outside of her family. The child is removed from the family due to abuse or neglect issues. The child may be removed due to physical or sexual abuse by a parent or someone residing in the household. The goal of foster care is to provide a safe and nurturing environment for the child.
Many states have recognized a cause of action for fraud during a marriage or relationship. Specifically, some states have recognized a plaintiff’s claim that they were induced to have sex with a defendant based upon the defendant’s representations as to his health or fertility. The states that permit this claim on the basis that the plaintiff did not actually consent to having sexual relations with the defendant.
The United States Bureau of Citizenship and Immigration Services (USCIS) recommends that all prospective parents file an application for “Advance Processing” before they identify a foreign child to adopt. Advance Processing is a procedure whereby the USCIS pre-approves the prospective parents’ application to adopt a child.
Depending upon whether a state has adopted the Uniform Parentage Act or whether they have another state statute that governs, paternity proceedings may typically be commenced any time from after the child’s birth or at any time for the purpose of declaring the existence of the father and child relationship. The action may also be commenced for the purpose of declaring the non-existence of the father and child relationship.
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