Family Law Newsletters

Adoption and Safe Families Act - Reasonable Efforts

The Family Preservation and Support Services Act required states to make "reasonable efforts" to reunify families and prevent the permanent removal of a child from his or her home. The Adoption and Safe Families Act (ASFA) attempts to clarify the "reasonable efforts" requirement.

Child Welfare Agencies' Potential Malpractice Liability for Inadequate or Inappropriate Foster Care Services

If a child welfare agency or caseworker determines that a child needs to be moved into protective custody, the agency's duty to that child is not discharged. The agency or caseworker has a continuing duty to ensure that the child is not mistreated in her foster care home.

Fraud During a Marriage or Relationship and Transmissions of a Serious Disease

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.

Nursing Home Problems

Once an elder person or the family of the elder person makes the decision to place the elder in a nursing home, they must select a nursing home. After selecting a nursing home problems may arise.

Personal Protection Orders and Family Violence Issues

A personal protection order, or PPO, is an order issued by the court precluding another individual, a respondent, from contact with the petitioner. A petitioner may file an application for a PPO after providing information that would support the grant of the order.