One of the most frequent inquiries I receive are from potential clients who wish to seek legal guardianship of a child whose welfare is believed to be at risk. However, merely expressing concern that a child may not be safe is not, in and of itself, sufficient to create a minor guardianship. There are several […]
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MICHIGAN MOVING FORWARD IN INCREASED PROTECTION FOR DOMESTIC VIOLENCE VICTIMS
A package of bills introduced by Democrats in the Michigan state legislature months ago is finally gaining steam. The Michigan Senate has, by an overwhelming majority approved a package of bills that will overhaul the state’s domestic violence laws, providing key protections for victims and impacting decisions in family courts – particularly concerning custody and […]
PARENTAL ALIENATION – FACT AND MYTH
My son called me recently and asked “What do you know about Parental Alienation Syndrome?” (PAS) He explained that he asked because a friend is going through a divorce and is alleging that his estranged wife is attempting to turn the children against him. My son observed that he had often seen his friend with […]
Disabled Parents and Custodial Rights
Just because someone suffers from a physical disability does not mean s/he cannot be an effective parent or that the child’s best interests are better served by taking the child from the disabled parent’s home. At least that’s my opinion. It seems to me that unless a parent’s disability prevents him/her from meeting the needs […]
When qualified immunity protects social workers from 42 U.S.C § 1983 lawsuits
As social work has developed into an increasingly seasoned, mature, and specialized profession, the role of the social worker has also changed. So too is the expectation that social workers will ensure that they are satisfying all legal responsibilities owed to their clients. Although many public sector social work administrators and practitioners are concerned about liability litigation and qualified immunity, no national studies of appellate cases have been published. This study explores when social workers are and are not successful in asserting qualified immunity when sued in civil court under 42 U.S.C. § 1983.
42 U.S.C. § 1983, immunity, social workers