Legal Issues in Child Welfare Cases Involving Children with Disabilities

This chapter examines the legal framework applicable when child maltreatment and disability intersect. It begins with a brief description of the constitutional foundation forparent-child-state relations. It provides an overview of relevant federal child welfare laws, which today shape each state’s child protection system. It then considers the application of various federal laws governing work with children and families when a child has a disability. In doing so, we consider the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act, and we touch upon Social Security benefits for children. This chapter does not examine child well-being legislation that establishes and funds programs such as Temporary Assistance to Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), or publicly funded health care for children such as the State Children’s Health Insurance Program

F.J. Turner’s ‘frontier thesis’: the ruse of American ‘character'

American society was transformed by the expansion of capital Westward and the explosion in opportunities that ensued for land grabbing and agricultural and industrial investment. In Turner’s (1961) frontier thesis this was portrayed as resulting in the emergence of ‘the new man’ i.e. the fulfilment of American character. The frontier thesis is a neo-Darwinian contribution. It posits exceptionalism and transcendence as the keys to American character. The gene pool of the Americans, thriving in a new geographical and social environment, is depicted as achieving a higher level of development than the stratified societies of Old Europe. What the thesis ignores is the importance of orthodox Eurocentric strategies of colonization and land appropriation. Turner portrays pioneer/settler society as a heroic departure, but in many ways, it is a continuation of European precedents. Analogously, the proposition that the push West crystallized American character obscures the role of personality, especially in urban-industrial settings, in establishing the parameters of American life. Turner conceived of character as emerging from a struggle with the spatial frontier. But the struggles of personality with the social frontier of repression and establishment values is no less significant. The paper examines the tensions between character and personality by using some ideas developed by Carl Schmitt on the significance of ‘the opportunity’ in competitive advantage. The importance of the opportunity and personality in developing the American way of life are examined by the vaudeville and celebrity traditions. The exploitation of contingency for personal advantage, the use of melodrama to engineer social impact, the social validation of forthright behaviour are examined in the context of the careers of the film actress Mae West and the comedian Bob Hope

Special Issues in Transcultural, Transracial, and Gay and Lesbian Parenting and Adoption

The adoption of children whose natural parents are unable to or incapable of caring for them by adults who are able to provide for them has existed throughout human history in one form or another (In re Smith Estate 1955; Miller et al. 2007). Before the mid-1800s, however, there was no formal mechanism for a person interested in adopting a child in the United States to do so (Bartholet 1999). In 1851, the Massachusetts legislature enacted the Massachusetts Adoption of Children Act (General Court of Massachusetts 1851). Though enacted more than 150 years ago, the act\u27s basic structure is clearly recognizable in many states\u27 present adoption laws. The Massachusetts act permitted any person to petition a probate court to adopt a child; required the child\u27s parents, if one or both were alive, to consent to the child\u27s adoption; required that if an adoption petitioner was married, his or her spouse was required to join a petition to adopt a child; provided that children age 14 years or older also must consent to their adoption; provided for the court to make a determinate judgment that the proposed adoption would serve the child\u27s welfare; and extinguished all rights of the natural parent while granting to the adoptive parents all the rights and responsibilities that would inure to a natural parent. The Massachusetts statute served as a model for other states\u27 adoption laws (In re Smith Estate 1955). Many of the requirements of that earliest American adoption law are still present in twenty-first-century adoption statutes

Legal Issues in Child Welfare Cases Involving Children with Disabilities

This chapter examines the legal framework applicable when child maltreatment and disability intersect. It begins with a brief description of the constitutional foundation forparent-child-state relations. It provides an overview of relevant federal child welfare laws, which today shape each state’s child protection system. It then considers the application of various federal laws governing work with children and families when a child has a disability. In doing so, we consider the Americans with Disabilities Act, the Individuals with Disabilities Education Act, and Section 504 of the Rehabilitation Act, and we touch upon Social Security benefits for children. This chapter does not examine child well-being legislation that establishes and funds programs such as Temporary Assistance to Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), or publicly funded health care for children such as the State Children’s Health Insurance Program

Special Issues in Transcultural, Transracial, and Gay and Lesbian Parenting and Adoption

The adoption of children whose natural parents are unable to or incapable of caring for them by adults who are able to provide for them has existed throughout human history in one form or another (In re Smith Estate 1955; Miller et al. 2007). Before the mid-1800s, however, there was no formal mechanism for a person interested in adopting a child in the United States to do so (Bartholet 1999). In 1851, the Massachusetts legislature enacted the Massachusetts Adoption of Children Act (General Court of Massachusetts 1851). Though enacted more than 150 years ago, the act\u27s basic structure is clearly recognizable in many states\u27 present adoption laws. The Massachusetts act permitted any person to petition a probate court to adopt a child; required the child\u27s parents, if one or both were alive, to consent to the child\u27s adoption; required that if an adoption petitioner was married, his or her spouse was required to join a petition to adopt a child; provided that children age 14 years or older also must consent to their adoption; provided for the court to make a determinate judgment that the proposed adoption would serve the child\u27s welfare; and extinguished all rights of the natural parent while granting to the adoptive parents all the rights and responsibilities that would inure to a natural parent. The Massachusetts statute served as a model for other states\u27 adoption laws (In re Smith Estate 1955). Many of the requirements of that earliest American adoption law are still present in twenty-first-century adoption statutes

Cervical Cancer Awareness among Women in Tanzania: An Analysis of Data from the 2011-12 Tanzania HIV and Malaria Indicators Survey

Background. Awareness about cervical cancer is a first step in the process of screening and early treatment. The purpose of this study was to provide better understanding of basic knowledge about cervical cancer among women of reproductive age in Tanzania. Method. Data were analyzed from the 2011-2012 Tanzania HIV and Malaria Indicators Survey (THMIS) and a sample of 5542 sexually active women from 15 to 49 years of age were included in the analysis. Results. Overall knowledge about cervical cancer was high among interviewed women. Only 30.9% of women had never heard about cervical cancer. The predictors of awareness were having secondary or more level of education (AOR = 3.257, 95% CI 2.328–4.557, p<0.001), residing in urban (AOR = 1.365, 95% CI 1.093–1.705, p<0.01), being affluent (AOR = 2.685, 95% CI 2.009–3.587, p<0.001), having one to four children (AOR = 1.36, 95% CI 1.032–1.793), and age of 30–34 years (AOR = 3.15, 95% CI 2.353–4.220, p<0.001), 35–39 years (AOR = 2.46, 95% CI 1.831–3.308, p<0.001), and 40–44 years (AOR = 3.46, 95% CI 2.497–4.784, p<0.001). Conclusion. While the cervical cancer landscape in Tanzania has evolved since this survey, coverage has not yet been achieved and access to cervical cancer prevention services for rural women and girls remains a concern. Women who were least likely to be aware of cervical cancer were rural women, less affluent women, those with limited education, and those with limited access to the formal economy. Arguably, these are the women who are most at risk for cervical cancer. To close this gap, Tanzania’s ongoing efforts to increase access to high-quality cervical cancer prevention services for all women at risk are commendable

The Global Health Service Partnership: An Academic–Clinical Partnership to Build Nursing and Medical Capacity in Africa

The World Health Organization estimates a global deficit of about 12.9 million skilled health professionals (midwives, nurses, and physicians) by 2035. These shortages limit the ability of countries, particularly resource-constrained countries, to deliver basic health care, to respond to emerging and more complex needs, and to teach, graduate, and retain their future health professionals—a vicious cycle that is perpetuated and has profound implications for health security. The Global Health Service Partnership (GHSP) is a unique collaboration between the Peace Corps, President’s Emergency Plan for AIDS Relief, Seed and host-country institutions, which aims to strengthen the breadth and quality of medical and nursing education and care delivery in places with dire shortages of health professionals. Nurse and physician educators are seconded to host institutions to serve as visiting faculty alongside their local colleagues. They serve for 1 year with many staying longer. Educational and clinical best practices are shared, emphasis is placed on integration of theory and practice across the academic–clinical domains and the teaching and learning environment is expanded to include implementation science and dissemination of locally tailored and sustainable practice innovations. In the first 3 years (2013–2016) GHSP placed 97 nurse and physician educators in three countries (Malawi, Tanzania, and Uganda). These educators have taught 454 courses and workshops to 8,321 trainees, faculty members, and practicing health professionals across the curriculum and in myriad specialties. Mixed-methods evaluation included key stakeholder interviews with host institution faculty and students who indicate that the addition of GHSP enhanced clinical teaching (quality and breadth) resulting in improved clinical skills, confidence, and ability to connect theory to practice and critical thinking. The outputs and outcomes from four exemplars which focus on the translation of evidence to practice through implementation science are included. Findings from the first 3 years of GHSP suggest that an innovative, locally tailored and culturally appropriate multi-country academic–clinical partnership program that addresses national health priorities is feasible and generated new knowledge and best practices relevant to capacity building for nursing and medical education. This in turn has implications for improving the health of populations who suffer a disproportionate burden of global disease

The Global Health Service Partnership: An Academic–Clinical Partnership to Build Nursing and Medical Capacity in Africa

The World Health Organization estimates a global deficit of about 12.9 million skilled health professionals (midwives, nurses, and physicians) by 2035. These shortages limit the ability of countries, particularly resource-constrained countries, to deliver basic health care, to respond to emerging and more complex needs, and to teach, graduate, and retain their future health professionals—a vicious cycle that is perpetuated and has profound implications for health security. The Global Health Service Partnership (GHSP) is a unique collaboration between the Peace Corps, President’s Emergency Plan for AIDS Relief, Seed and host-country institutions, which aims to strengthen the breadth and quality of medical and nursing education and care delivery in places with dire shortages of health professionals. Nurse and physician educators are seconded to host institutions to serve as visiting faculty alongside their local colleagues. They serve for 1 year with many staying longer. Educational and clinical best practices are shared, emphasis is placed on integration of theory and practice across the academic–clinical domains and the teaching and learning environment is expanded to include implementation science and dissemination of locally tailored and sustainable practice innovations. In the first 3 years (2013–2016) GHSP placed 97 nurse and physician educators in three countries (Malawi, Tanzania, and Uganda). These educators have taught 454 courses and workshops to 8,321 trainees, faculty members, and practicing health professionals across the curriculum and in myriad specialties. Mixed-methods evaluation included key stakeholder interviews with host institution faculty and students who indicate that the addition of GHSP enhanced clinical teaching (quality and breadth) resulting in improved clinical skills, confidence, and ability to connect theory to practice and critical thinking. The outputs and outcomes from four exemplars which focus on the translation of evidence to practice through implementation science are included. Findings from the first 3 years of GHSP suggest that an innovative, locally tailored and culturally appropriate multi-country academic–clinical partnership program that addresses national health priorities is feasible and generated new knowledge and best practices relevant to capacity building for nursing and medical education. This in turn has implications for improving the health of populations who suffer a disproportionate burden of global disease