Children's Bureau Express

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December 2013, Vol. 14, No. 9

	News From the Children's Bureau A new literature review from the Office of the Assistant Secretary for Planning and Evaluation explores the family dynamics for children in nonparental care. We also point to a new website that outlines Federal Government plans for addressing the needs of children in adversity across the globe and the National Data Archive on Child Abuse and Neglect application process and deadline for its 21st annual Summer Research Institute. Adoption Excellence Awards 2013 Children Living in Nonparental Care International Assistance for Children in Adversity NDACAN Annual Summer Research Institute New! From CB
	Spotlight on Youth Of the nearly 400,000 children in foster care in the United States, many are between the ages of 12 and 17. This subsection of the foster care population has unique needs and faces distinct challenges. This month, CBX looks at the programs that monitor youth outcomes and encourage their social and emotional development, a report on one State's work to extend foster care to age 21, and a series of tip sheets for youth on addressing various life transitions. NYTD Implementation Continues Young Adult Training & Technical Assistance Network Extending Foster Care to 21 in California Youth Advice on Staying Connected Medicaid to 26 for Youth in Care Tip Sheets for Transitioning Youth Exploring, Reducing LGBT Youth Homelessness
	Training and Technical Assistance Network Updates A new toolkit from the National Child Welfare Workforce Institute aims to help child welfare professionals enrich their leadership skills and competencies. We also highlight a Spanish-language website from the National Resource Center for Diligent Recruitment at AdoptUSKids to help recruit Spanish-speaking adoptive and foster families. NCWWI Leadership Toolkit Spanish-Language State Directory More Updates From the T&TA Network
	Child Welfare News CBX points to the fall issue of CW360° that is focused on the intersection of child welfare and parents with disabilities, an update to the National Research Council's 1993 report Understanding Child Abuse and Neglect, and other research. Action Steps to Limit Use of Residential Care The Intersection Between Child Welfare and Disability The Science of Child Abuse and Neglect Research
	Strategies and Tools for Practice Developing Home Visiting Programs Improving LGBT Youth Outcomes Resource Parent Recruitment Toolbox
	Resources Educational Planning Tools for Youth in Care Film Highlights Group Homes for At-Risk Youth Parenting Class Evaluation Self Care for Families
	Training and Conferences Financial Empowerment Training Conferences

Children's Bureau Express is designed for professionals concerned with child abuse and neglect, child welfare, and adoption. Children's Bureau Express is supported by the Children's Bureau, Administration for Children and Families, U.S. Department of Health and Human Services and published by Child Welfare Information Gateway. Articles in Children's Bureau Express are presented for informational purposes only; their inclusion does not represent an endorsement by the Children's Bureau or Child Welfare Information Gateway.
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-------- Original Message --------

Subject:	NJ bill to erect high hurdles for grandparent visitation
Date:	Mon, 02 Dec 2013 11:14:31 -0500
From:	beden <b_eden@verizon.net>
To:	yikes@tyrannicidepress.com

"The constitutional [issue]...weighs heavy on every judge's mind," attorney Corcoran adds.

Since when did the constitution interfere with any judge's ruling. I've heard judges in NJ family courts say the constitution doesn't apply in my courtroom, or don't talk about the constitution in this case.

Assembywomen Loretta Weinberg is the anti-Second Amendment, anti-Constitutional Democrat Socialist politician.  She says:  "We worked with family lawyers on evolving the wording of the bill," Weinberg says. "It's always difficult to balance...everybody's rights[.]"   Therein, lies the problem. This bill is by the lawyers, for the lawyers and of the lawyers. 

The grandparents will have to pay for an expert witness--further feeding the mental health prostitutes (read the book:  "Whores of the Court" about the mental health industry in the family courts) and hangers-on in the FAMILY COURT INDUSTRY.

Bill Would Erect High Hurdles to Grandparents Seeking Visitation

By David Gialanella All Articles

New Jersey Law Journal
November 27, 2013



Loretta Weinberg

Legislation that would toughen New Jersey's statutory standards for granting visitation rights to grandparents, and siblings, over parental objections is drawing closer to final passage.

The legislation ­approved Monday by the Assembly Judiciary Committee ­would codify a decade-old state Supreme Court holding that applicants may be granted visitation if they prove denial would harm the child.

That's a higher standard than the state Grandparent Visitation Act, which provides for a visitation order upon a showing it's in the child's best interests.

"Codifying these standards and giving the courts a set of guidelines is probably a good thing," says Sen. Loretta Weinberg, D-Bergen, the primary sponsor. "I don't envy judges having to decide these kinds of cases."

The measure, A-2945/S-789, would require an applicant to prove by expert testimony that denial of visitation would result in harm to the child.

Once that considerable hurdle is cleared, the judge would order visitation based on an agreed-to schedule or, if such an agreement can't be made, on a basis that accounts for the child's best interests.

The judge, in determining the best interests, would consider the applicant's relationship with the child, and the parent or guardian; the time elapsed since the child's last visit with the applicant; any existing visitation schedule if the parents or guardians are divorced; the applicant's good faith; and other factors.

The Senate approved it 38-1 on June 20.

With Monday's Assembly committee approval, a floor vote is likely before the end of the legislative session, Weinberg adds.

The committee vote was unanimous, though one lawmaker, Michael Patrick Carroll, R-Morris, voted in favor "reluctantly" and said he has pushed for legislation that would eliminate grandparent visitation altogether.

 "If you have children, you get to determine where they will go to school...who they will get to see," Carroll said. "That's one of the benefits of being a parent. ...I don't think a judge ought to be in the position of second-guessing a parental determination."

A prior version of the legislation­S-2975/A-4410, introduced in 2011 but never brought to a committee vote­ would have allowed visitation applicants to make out a prima facie case of potential of harm to the child­ by showing, for example, that the parents are divorced or the applicant was once the child's primary caregiver.

The current legislation, too, included those applicant-favoring provisions, but it was modified based on concerns about parental rights.

"We worked with family lawyers on evolving the wording of the bill," Weinberg says. "It's always difficult to balance...everybody's rights[.]"

In Moriarty v. Bradt, 177 N.J. 84 (2003), the state Supreme Court sought to help New Jersey's visitation statute survive scrutiny in the wake of Troxel v. Granville, 530 U.S. 57 (2000), wherein the U.S. Supreme Court struck down Washington state's visitation statute as overbroad and held parental autonomy "to make decisions concerning the care, custody and control of their children" was protected under the 14th Amendment's due process clause.

Justice Virginia Long noted in Moriarty that Troxel "stopped short of invalidating nonparental visitation statutes per se and declined to define the precise scope of the parental due process right in the visitation context."

The Moriarty court thus replaced the best-interests standard with the more stringent potential-for-harm standard.

Notwithstanding the higher burden, the court found that the plaintiffs­ two maternal grandparents who sought visitation with the children of their former son-in-law, who objected­ met the standard by a preponderance of the evidence.

Justice Peter Verniero dissented in part, saying applicants should be held to a higher evidentiary standard, clear and convincing evidence.

A petition for certiorari to the U.S. Supreme Court was denied in 2004.

Hackensack lawyer Robert Corcoran, who represented the losing parent in Moriarty, says: "I think that's prudent, to provide some guidelines."

Still, the potential-for-harm hurdle is a difficult one to clear, and it's a "very difficult thing for a legitimate health professional to opine that" a denial of visitation will do the child harm, he says.

"The constitutional [issue]...weighs heavy on every judge's mind," Corcoran adds. •


Read more: http://www.law.com/jsp/nj/PubArticleNJ.jsp?id=1202630054799&Bill_Would_Erect_High_Hurdles_to_Grandparents_Seeking_Visitation#ixzz2mKmEIj6u

Liberty Quotes- Oliver Wendell Holmes, Sr., Albert Camus, Sir James MacKintosh

"Liberty is often a heavy burden on a man.
It involves the necessity for perpetual choice
which is the kind of labor men have always dreaded."
-- Oliver Wendell Holmes, Sr.
(1809-1894) American Poet
Source: Elsie Venner, 1861
http://quotes.liberty-tree.ca/quote_blog/Oliver.Wendell.Holmes.Quote.4088


"Freedom is not a gift received from the State or leader,
but a possession to be won every day
by the effort of each and the union of all."
-- Albert Camus
(1913-1960) French Algerian author
Source: Resistance, Rebellion and Death, 1961
http://quotes.liberty-tree.ca/quote_blog/Albert.Camus.Quote.389C


"It is not because we have been free,
but because we have a right to be free,
that we ought to demand freedom.
Justice and liberty have neither
birth nor race, youth nor age."
-- Sir James MacKintosh
(1765-1832) Scottish historian and statesman
Source: Vindicae Gallicae, 1791
http://quotes.liberty-tree.ca/quote_blog/James.MacKintosh.Quote.A7B7


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To receive a daily 

"Liberty is often a heavy burden on a man.
It involves the necessity for perpetual choice
which is the kind of labor men have always dreaded."
-- Oliver Wendell Holmes, Sr.
(1809-1894) American Poet
Source: Elsie Venner, 1861
http://quotes.liberty-tree.ca/quote_blog/Oliver.Wendell.Holmes.Quote.4088


"Freedom is not a gift received from the State or leader,
but a possession to be won every day
by the effort of each and the union of all."
-- Albert Camus
(1913-1960) French Algerian author
Source: Resistance, Rebellion and Death, 1961
http://quotes.liberty-tree.ca/quote_blog/Albert.Camus.Quote.389C


"It is not because we have been free,
but because we have a right to be free,
that we ought to demand freedom.
Justice and liberty have neither
birth nor race, youth nor age."
-- Sir James MacKintosh
(1765-1832) Scottish historian and statesman
Source: Vindicae Gallicae, 1791
http://quotes.liberty-tree.ca/quote_blog/James.MacKintosh.Quote.A7B7


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Let us renew our commitment to Freedom.
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American Minute with Bill Federer DEC. 1 - America's Civil War, Slavery and Lincoln's 13th Amendment

American Minute with Bill Federer DEC. 1 - America's Civil War, Slavery and Lincoln's 13th Amendment Prior to the Civil War, America was divided into 5 main categories: 1. The Radical Republican North that said slavery is wrong - end it now. 2. The Moderate Republican North that said slavery is wrong - transition out of it orderly over time. 3. The Practical Amoral Neutral that only cared about the economy - jobs, tariffs and taxes. 4. The Moderate Democrat South that said slavery is wrong, but we have to live with it - just have it be rare and few, and treat your slaves nice. 5. The Extreme Democrat South that said slavery is good - let's expand it into new States and force Northerners who are morally opposed to slavery to participate in it through the Fugitive Slave Act of 1850. When the Civil War started, it looked as if the Confederate South would win quickly. Lincoln faced draft riots, and ruled by decree, enacting martial law and suspending habeas corpus so that the government could arrest anyone without a warrant. In 1862, the Confederates defeated Union forces at the Second Battle of Bull Run and crossed the Potomac River into Maryland. On September 15, 1862, Confederates captured Harper's Ferry, taking over 12,000 Union prisoners. The Confederate drive halted when Lee's Special Order 191 was misplaced and found by Union troops. This allowed Union forces to gain an advantage at Sharpsburg, Maryland, resulting in the Battle of Antietam, September 17, 1862, the bloodiest day of fighting in American history with over 23,000 casualties. Five days later, September 22, 1862, Lincoln met with his cabinet to draft the Emancipation Proclamation, commenting: "The time for the annunciation of the emancipation policy can no longer be delayed. Public sentiment will sustain it, many of my warmest friends and supporters demand it, and I have promised God that I will do it."   When asked about this, Secretary of the Treasury Salmon P. Chase wrote that Lincoln replied: "I made a solemn vow before God, that if General Lee were driven back...I would crown the result by the declaration of freedom to the slaves." Get the book, America's God and Country Encyclopedia of Quotations   On DECEMBER 1, 1862, President Lincoln gave his Second Annual Message: "In giving freedom to the slave, we assure freedom to the free... We shall nobly save - or meanly lose - the last, best hope of earth. Other means may succeed; this could not fail. The way is plain...a way which if followed the world will forever applaud and God must forever bless." The President, claiming Commander-in-Chief powers during war time and declaring the South a war-zone, issued the Emancipation Proclamation to free slaves held in the States at war. The Emancipation Proclamation did not attempt to free slaves held in the North as those States could not be considered part of the rebellion and therefore there were no grounds for the President to try to overrule their State governments. The Emancipation Proclamation was considered an unconstitutional usurpation of power by the President, so Lincoln undertook to have Congress end slavery through the proper constitutional process by passing the 13th Amendment. This required 2/3's of Congress to approve it, as portrayed in Steven Spielberg's movie, Lincoln (2012). The 13th Amendment was passed in the Senate on April 8, 1864, with all 30 Republicans and 4 Democrats voting in favor. The 13th Amendment was passed in the House on January 31, 1865, with all 86 Republicans voting in favor together with 15 Democrats, 14 Unconditional Unionists, and 4 Union men. Voting in the House against the 13th Amendment were 50 Democrats and 6 Union men. Though not necessary, Lincoln, the first Republican President, added his signature to the 13th Amendment after the words "Approved February 1, 1865." Though slavery was officially abolished, Democrats in South States passed Black Codes and Jim Crow Laws, and created racial vigilante organizations. Republicans responded by pushing to enlarge the Federal Government's power more with the 14th Amendment in 1868, ensuring civil rights for freed slaves; and the 15th Amendment in 1870, banning racial voting restrictions. Lincoln had stated earlier at Independence Hall, Philadelphia, February 22, 1861: "The Declaration of Independence gave liberty not alone to the people of this country, but hope to all the world for all future time. It was that which gave promise that in due time the weights would be lifted from the shoulders of all men, and that all should have an equal chance... This is the sentiment embodied in the Declaration of Independence...I would rather be assassinated on this spot than surrender it." Watch the DVD How the Birth of Jesus affected the Calendar American Minute archives Watch Faith in History   News from AmericanMinute.com http://www.iecinternational.org/ Dec. 3-5 Conference in St. Louis Get the book, There Really is a Santa Claus-The History of Saint Nicholas & Christmas Holiday Traditions  Teach English overseas! a month or a year - and be paid! - Find out MORE here   Visit the American Minute archive       Click here to shop AMERICAN MINUTE store Read the Daily Reading at:    http://www.biblegateway.com/reading-plans/old-new-testament/2013//12/01 Receive the daily American Minute on your Facebook wall, Twitter feed, or RSS reader.    Get a great book and help a great cause: James Nyondo's Absolute Integrity: The Bridge to Your Destiny Please support the American Minute.   Click here to make a donation. 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