Making a Parental Designation: Options available if parents are unable to temporarily care for their children.

The article, “Parental Designation: A Way of Planning for the Expected and Unexpected,” suggests how making a “parental designation” under General Obligations Law 5-1551, can be an option for parents who need to make alternative living arrangements for their children without surrendering parental rights or involving Child Protective Services (CPS).

The option is not available to everyone. It requires having a person who is willing and able to take on the responsibility of being a “designee.” In addition, it will not prevent an investigation or court proceedings that might arise under the Social Services Law, the Family Court Act or the Penal Law.

The specific requirements for drafting a valid “designation” can be found in General Obligations Law 5-1552. In addition, a pre-printed form can be found here (forms are not a substitute for accurate legal advice).

Persons interested in exploring the “parental designation” option are encouraged to consult competent legal counsel of their own choosing.

Trauma Information for Child Welfare Attorneys

In collaboration with the National Child Trauma Stress Network's Justice Consortium Attorney Work Group, the ABA Center on Children and the Law recently released Trauma: What Child Welfare Attorneys Should Know.

This resource is meant to "strengthen advocacy, improve attorney-client relationships, and promote appropriate screening, in-depth assessment, and evidence-based treatment" by advancing the policy of trauma-informed practice. Practice tips include suggestions for targeted advocacy in response to a client's exposure to traumatic events.

Additionally, information regarding secondary traumatic stress is provided to prevent or address this issue for those who work in the child welfare system.

Upcoming Family Court Event: Transforming Child Welfare and Children's Lives.

On December 13, the Schuyler Center for Analysis and Advocacy Policy Forum will present Transforming Child Welfare and Children's Lives:Proven Strategies that Strengthen Families.

The event is billed as "a conversation about 'What Works' with individuals touched by child welfare systems."

Participants will include: Anni Keane and Rose Williams from You Gotta Believe - a NYC organization that seeks to find permanent homes for older children in the foster care system; Sheila J. Poole, the Acting Commissioner from the New York State Office of Children and Family Services; Linda S. Spears, Commissioner of the Massachusetts Department of Children and Families; Molly McGrath Tierney, the Director of the Baltimore City Department of Social Services; and Jeanette Vega from Rise - a parent support organization in NYC.

The event will run from 1:00 pm to 4:00 pm in the Dora Maxwell Auditorium, 700 Patroon Creek Blvd, Albany, NY 12206.

NY Court rules non-adoptive, non-biological parent can seek visitation/custody

In a decision handed down August 30, the New York State Court of Appeals ruled that when an unmarried couple who decide to conceive children together separate, a non-adoptive, non-biological parent has the right to seek visitation or custody.

The ruling reverses a 25-year-old precedent that had barred non-adoptive, non-biological parents from claiming parenting rights.

The decision focused on changing social and legal definitions of family and parenting.

The Court limited its ruling to instances where two parents together decided to conceive and raise a child.

The Court did not rule on whether non-biological, non-adoptive parents have parenting rights in situations where a couple did not choose to conceive a child, but did choose to raise the child after conception.

In addition, it was noted that that Family Court retains power to make custody and visitation decisions in individual cases based on its discretion.

Click here to read the decision.

New York law to encourage contact between siblings separated because of abuse and neglect cases.

New York State has enacted a law that confers standing to a child and others to petition the court to order visitation with siblings, including half-siblings, when a child is removed from the home pursuant to a Family Court Act article 10 (allegations of abuse or neglect) proceeding.

The law amends several sections in Family Court Act article 10 and Social Services Law 384-b. It addresses the statutory silence on the rights of siblings to have contact with one another if they are removed from the home and not placed together.

The law goes into effect Nov. 16, 2016. A copy of the law is available here.

Quick Guides on the intersection of child welfare and immigration

As part of the Child Welfare and Immigration Project, attorneys at the ABA's Center on Children and the Law have produced three

state-specific reference guides (California, Colorado, and New York) to help practitioners understand the intersection between immigration and child welfare.

The New York Quick Guide includes citations to applicable federal and state laws and regulations and links to relevant U.S. Citizenship and Immigration Services resources, New York State Office of Children and Family Services administrative directives, and New York City Administration for Children's Services policies.

New laws for the New Year

January 1, 2016 will see many new laws take effect nationwide.

In New York State, those laws include the following:

• A minimum wage hike
• A tax Cut for businesses
• New breastfeeding rights
• Expansion of Telehealth services
• Increased veterans property tax exemptions
• Expedited access to Child Protective Services records to aid in locating missing children
• A “Women's Equality Agenda”

If you believe one or more of these laws will affect you, do not hesitate to contact an attorney to advise you of your rights and responsibilities under these new laws.

Stay safe, stay informed and have a Happy New Year.

School’s Open, Drive Carefully

AAA’s annual “School’s Open—Drive Carefully” campaign alerts motorists to the special risks to school-age children from motor vehicle crashes, the leading cause of death for children from five to fourteen years old. This year, the campaign begins September 2, 2015 and runs through October 14.

With our schools reopening, children will be boarding buses and walking to and from school. All motorists should drive carefully and be especially aware of school speed zones, school bus traffic, and children walking. Drivers should be particularly alert for children darting out between parked cars on busy streets.

Motorists will receive an additional reminder each time they see one of the “School’s Open” bumper stickers on official vehicles, school buses and passenger cars.

For more information on AAA's "School's Open, Drive Carefully" program, click here.

Calling all superheroes to the CASA fun run

The Third Annual CASA Superhero 5K and 1K Fun Run is coming to Watkins Glen High School on Sunday, September 20.

Register by September 5 to save $5 on your entry and guarantee a free T-SHIRT for 12 and over, or a CAPE for all kids under 12. Teams are welcome.

Race Day Schedule of Events:
8:00 am Registration / Number Pick-Up
9:00 am 5K Race Start
9:45 am 1K Fun Run

Awards will follow immediately after the 1K Fun Run

If you are looking for an opportunity to do even more, take the Superhero Challenge: All Superheroes raising $100 or more get free entry. And all Superheroes or Superhero Teams that raise over $500 will be inducted into the CASA of the Southern Tier Justice League Hall of Fame on Race Day. Set up you sponsor page here to get started!

All proceeds from the race stay local for the advocacy of abused and neglected children in Schuyler, Chemung, and Steuben Family Court.

For information, click here.

Because All Families Matter: Enhancing Parental Defense in New York.

This first of its kind event, offered at the Hilton Albany, will bring together attorneys, social workers, and advocates to exchange information and ideas useful to all providers who represent and assist parents in New York Family Court Article 10 Proceedings.

The three-day event is collaborative partnership between NYSDA, the State Office of Indigent Legal Services, and the New York State Unified Court System Child Welfare Court Improvement Project. It is scheduled to be held November 13-14, 2015.

Court reverses shaken-baby conviction

Democrat and Chronicle (Rochester, NY):

In a ruling that could have statewide significance, a Monroe County Court judge has reversed the 2001 murder conviction of a Greece woman who was accused in the shaken-baby death of a toddler in her care.

In a decision released Tuesday morning, Judge James Piampiano ruled that the science used to convict René Bailey has changed significantly since her trial.

The ruling marks the first time a shaken-baby conviction has been overturned in New York on the basis of changing science. Lawyers have won a handful of reversals in other states in recent years...

"This would be the first time in New York that we have a head-on, squarely-facing decision saying that a major change in the science qualifies as newly discovered evidence," said Bailey's attorney, Adele Bernhard.

The complete decision can be found here.

Court of Appeals Issues New Decisions.

New York State’s highest court has issued a number of decisions this week on civil and criminal law.

The cases cover a number of issues, including what constitutes effective assistance of counsel, possible child neglect, the proper disposition of a juvenile delinquency case and time limits for lawsuits involving alleged negligence by a school board member.

The decisions are available to the public and can be found at the court’s website.