From Orphans to Families in Crisis: Parental Rights Matters in Maine Probate Courts

This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine\u27s probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine\u27s probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent\u27s estate to the current scope—a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine\u27s probate courts not adjudicate questions implicating parental rights in a wide range of scenarios. However, the basic structure of Maine\u27s probate courts has remained unchanged since 1855. Maine law assigns exclusive jurisdiction of these often complex and contentious matters to a non-centralized group of county-based courts, each of which has limited resources and a single, part-time elected judge who usually has a busy law practice as his or her primary job

From Orphans to Families in Crisis: Parental Rights Matters in Maine Probate Courts

This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine’s probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine’s probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent’s estate to the current scope: a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine probate courts now adjudicate questions implicating parental rights in a wide range of scenarios. However, the basic structure of Maine’s probate courts has remained unchanged since 1855. Maine law assigns exclusive jurisdiction of these often complex and contentious matters to a non-centralized group of county-based courts, each of which has limited resources and a single, part-time elected judge who usually has a busy law practice as his or her primary job. The Article provides a close examination of the central issues involved in the parental rights matters currently adjudicated in the probate courts under the Maine Probate Code. It analyzes the challenges presented by the probate courts’ exclusive jurisdiction of these matters, including the incidence of conflicts and confusion when the Maine District Court has addressed a parental rights issue involving a child who is also the focus of a probate court proceeding, as well as the limitations presented by the probate courts’ structure and operation. Finally, the Article discusses potential reforms aimed at improving the adjudication of parental rights matters under the MPC, including eliminating the “split jurisdiction” between probate and district courts, structural changes to probate courts to ensure fairness and due process for all participants, and a substantive reforms to the MPC provisions concerning parental rights so that the law will better reflect the contexts in which these cases arise today and address the needs of the families involved in these cases. Combined, these proposed reforms would mitigate the acute problems described in the Article to better serve both the courts that must adjudicate these difficult cases and the families at the center of them

From Orphans to Families in Crisis: Parental Rights Matters in Maine Probate Courts

This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine’s probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine’s probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent’s estate to the current scope: a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine probate courts now adjudicate questions implicating parental rights in a wide range of scenarios. However, the basic structure of Maine’s probate courts has remained unchanged since 1855. Maine law assigns exclusive jurisdiction of these often complex and contentious matters to a non-centralized group of county-based courts, each of which has limited resources and a single, part-time elected judge who usually has a busy law practice as his or her primary job. The Article provides a close examination of the central issues involved in the parental rights matters currently adjudicated in the probate courts under the Maine Probate Code. It analyzes the challenges presented by the probate courts’ exclusive jurisdiction of these matters, including the incidence of conflicts and confusion when the Maine District Court has addressed a parental rights issue involving a child who is also the focus of a probate court proceeding, as well as the limitations presented by the probate courts’ structure and operation. Finally, the Article discusses potential reforms aimed at improving the adjudication of parental rights matters under the MPC, including eliminating the “split jurisdiction” between probate and district courts, structural changes to probate courts to ensure fairness and due process for all participants, and a substantive reforms to the MPC provisions concerning parental rights so that the law will better reflect the contexts in which these cases arise today and address the needs of the families involved in these cases. Combined, these proposed reforms would mitigate the acute problems described in the Article to better serve both the courts that must adjudicate these difficult cases and the families at the center of them

From Orphans to Families in Crisis: Parental Rights Matters in Maine Probate Courts

This Article examines the sources of the contemporary problems associated with the adjudication of parental rights matters in Maine\u27s probate courts and identifies specific reforms to address both the structural and substantive law problems. The Article first reviews the development of Maine\u27s probate courts and their jurisdiction over parental rights matters. It traces the expansion of jurisdiction over children and families from a limited role incidental to the administration of a decedent\u27s estate to the current scope—a range of matters that may result in the limitation, suspension, or termination of the rights of living parents. Maine\u27s probate courts not adjudicate questions implicating parental rights in a wide range of scenarios. However, the basic structure of Maine\u27s probate courts has remained unchanged since 1855. Maine law assigns exclusive jurisdiction of these often complex and contentious matters to a non-centralized group of county-based courts, each of which has limited resources and a single, part-time elected judge who usually has a busy law practice as his or her primary job

Timely Permanency for Children in Foster Care: Revisiting Core Assumptions about Children’s Options and Outcomes

The Adoption and Safe Families Act (ASFA, 1997) represented an emerging consensus that foster care should not be a long-term solution for children. Foster care is intended to provide a temporary living arrangement until permanency can be achieved, but, at the time ASFA was passed, some children were spending large proportions of their childhoods in temporary homes. In many cases, these children had a permanency plan of reunification that had little chance of being realized. Thus, the overarching goals of ASFA were to reduce the amount of time children spent “in limbo” and to promote permanency, while maintaining explicit preferences for family preservation and reunification

Guardianship Laws: Reform Efforts in Virginia

During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last resort. In January of 1990, the Department presented the results of that study and proposals for an appropriate legislative response to the Governor and the General Assembly in Senate Document Number Twenty-three, Public Guardianship: Program Design Options for Virginia. However, the 1990 Session of the General Assembly took no action on the proposals

Federal and State Advances to Support Grandfamilies

GrAND Voices have been front and center at the nation’s Capitol inspiring law makers to enact reform during an uncertain time. Activity has been frenetic in Washington, with a new Administration, repeated efforts to repeal the Affordable Care Act and several natural disasters demanding attention. Despite distracted law makers, several committed members of Congress have forged ahead on reforms specifically for grandfamilies, thanks in significant part to a new initiative of Generations United and Casey Family Programs, called GrAND Voices. GrAND Voices are caregiver advocates from around the country who elevate their voices, bringing their personal experience raising relatives, in addition to those they work with, to the attention of lawmakers. GrAND Voices were an integral part of the 5th national GrandRally in Washington, D.C., and have inspired new legislation. They have helped elevate the need for supports and services to grandfamilies in light of the opioid crisis and the increased numbers of children they are raising. The crisis has provided an urgent platform for pursuing reforms such as providing preventative services to grandfamilies and implementing the Model Family Foster Home Licensing Standards. Improved foster care data collection and a 2016 federal court case also have implications for those grandfamilies who have child welfare involvement. On the state level, many jurisdictions continue to try to make inroads for grandfamilies by implementing policy changes, such as new guardianship assistance programs. Grandfamilies support is moving in the right direction, albeit slowly

Reforming Iowa’s Guardianship and Conservatorship System, August 17, 2017

This Final Report of the Iowa Guardianship and Conservatorship Task Force presents 232 recommendations to reform the Iowa guardianship and conservatorship system. These recommendations provide a comprehensive roadmap for future directions of the system