Posts Tagged ‘child custody’

Federal judge strikes down much of Indian Child Welfare Act (ICWA) as unconstitutional

Our September 20 Cato legal panel on the Indian Child Welfare Act (more) was more timely than I could have imagined. In the federal case of Brackeen v. Zinke, discussed on the panel, Judge Ryan O’Connor of the Northern District of Texas on October 4 declared major provisions of ICWA unconstitutional on multiple grounds including equal protection and anti-commandeering doctrine. More: Timothy Sandefur; Matthew Fletcher, TurtleTalk; Emma Platoff, Texas Tribune; John Kelly, Chronicle of Social Change.

Appeal is likely. Just before the decision, the public-radio-associated program Native America Calling had a program showcasing tribal advocates’ views. I’ve written about the Act, including its constitutional and moral infirmities, here and, as part of a Cato Unbound symposium, here.

“Judge blasts warring parents who squandered $500K on custody battle”

Canada: An “outspoken Hamilton judge blasted warring parents for squandering $500,000 on their bitter child custody battle. ‘How did this happen?’ asked exasperated Ontario Superior Court Justice Alex Pazaratz. ‘How does this keep happening? What will it take to convince angry parents that nasty and aggressive litigation never turns out well?'” [Toronto Sun]

Schools and childhood roundup

  • “Someone could have put their hand in the window and unlocked the door and taken the kids” [Lenore Skenazy/Free Range Kids; related stories here and here; similar, Illinois Policy]
  • Police warn that plan in Scotland to provide state guardian for every child could backfire in abuse investigations [Telegraph, more on “named person” scheme]
  • Also from Scotland: Law Society says proposed ban on liquor promotion is so broad it might snag parent wearing rugby-sponsor jacket at school pickup [Express]
  • Judge rejects Mississippi school finance suit [Andrew Ujifusa, State Education Watch, background]
  • Widespread criticism of Michigan judge for sending kids to juvenile detention for not wanting to have lunch with their father [Radley Balko]
  • “Two Parents Weren’t Sure How Their Little Girl Fractured Her Leg, So CPS Took the Kids” [Lenore Skenazy, more, yet more on “medical kidnapping”]
  • Caleb Brown and Andrew Grossman discuss educator-dues case of Friedrichs v. California Teachers Association [Cato Daily Podcast, earlier on case, its SCOTUSBlog page]

Now online: “Quit Bubble-Wrapping Our Kids!”

Lenore Skenazy’s incredibly funny talk last Thursday, with me commenting and moderating (and even at one point giving my impression of a 3-year-old losing a cookie), is now online. Several people have told me this was one of the most entertaining and illuminating Cato talks they’ve seen.

Lenore’s blog is Free-Range Kids and you can buy her book of the same name here. Some links on topics that came up in my remarks: Harvard researchers call for yanking obese kids out of their homes; authorities in Queensland, Australia, plan use of satellite data to spy out noncompliance with pool safety rules; courts reward helicopter parents in custody battles; charges dropped against mom who left toddler sleeping in car while she dropped coins in Salvation Army bucket; proposals to cut kids’ food into small bits and discontinue things like peanuts and marshmallows entirely; authorities snatch kids from homes after parents busted with small quantities of pot.

P.S. Direct video link here (h/t comments).

November 20 roundup

  • KlearGear and the consumer non-disparagement clause that ate (or tried to eat) Chicago [Popehat and followup]
  • “House Passes Bill That Would Open Asbestos Trusts To Scrutiny” [Daniel Fisher/Forbes, Chamber-backed Legal NewsLine]
  • Randy Maniloff interviews Judge Richard Posner on his new book Reflections on Judging [Coverage Opinions]
  • In a custody fight, anything can happen: “Dad Accused of ‘Unfit Parenting’ for Refusing to Take His Son to McDonalds” [TIME]
  • “Released after serving 10 years on false rape accusation –then wrongly arrested for not registering as sex offender” [Chicago Tribune via @radleybalko]
  • Institute for Justice launches campaign to challenge local restrictions on food with suits over sale of cottage baked goods, front-yard vegetable gardens, advertising of raw milk [AP/Yahoo, “National Food Freedom Initiative“]
  • Alabama regulators add hassle factor when business tries to move into the state [Coyote]

Solomon wept: Baby Veronica decision followup

Despite the Supreme Court ruling, birthdad Dusten Brown says he “will not voluntarily” return Baby Veronica to adoptive couple Matt and Melanie Capobianco, and the Cherokee tribe has unfortunately given encouragement to his stance [Tulsa World, Michael Schearer, SCOTUSBlog (high court refuses to block adoption)] “Before the hearing [in Tahlequah, Okla.], Cherokee County sheriff’s officials ordered a Tulsa World reporter to leave the third floor of the courthouse, where the hearing was to be held. The Sheriff’s Office then closed the entire courthouse to reporters, yet members of the public were allowed access to the building.” [Tulsa World] Following threats of arrest and pressure from the governor of Oklahoma, Brown has now entered mediation with the Capobiancos [Tulsa World, more coverage]

Meanwhile, although defenders of the Indian Child Welfare Act have tended to applaud its elevation of tribal interests over the best interests of actual children, the Native American Rights Fund, revealing a newfound enthusiasm for the latter, has filed a suit purportedly on Veronica’s behalf arguing that her best interests are not being taken into account in the adoption. And the girl’s biological mother, Christy Maldonado, has announced plans to file a suit asking for parts of the Indian Child Welfare Act to be struck down as unconstitutional. [Associated Press/WCIV, Indian Country Today]

P.S. I do not rush to blame Mr. Brown, who, even if erring, is erring as many of the rest of us would. I do blame the Cherokee authorities, Native American Rights Fund, and others for irresponsibly egging him on as they stake out a maximalist position on behalf of a bad law.

July 8 roundup

May 20 roundup

Accuser recants in case that sent four women to prison

Four Texas women have been serving long prison terms since a 7-year-old and 9-year-old girl, nieces of one of them, accused them in a lurid tale of assault. Now, the younger accuser has grown up and recanted [Michelle Mondo, My San Antonio]:

“I want my aunt and her friends out of prison,” Stephanie, 25, said by phone last week. “Whatever it takes to get them out I’m going to do. I can’t live my life knowing that four women are sleeping in a cage because of me.”…

On and off the witness stand, the sisters changed their accounts of the timing, the use of weapons, the perpetrators and other basic details of the assault every time they told it to authorities, records show.

P.S. And another Texas recantation, of charges lodged during a bitter custody fight, the defendant has served more than 12 years of a 20-year sentence.