Family Law Newsletters

Adoption Assistance & Child Welfare Act

The Adoption Assistance and Child Welfare Act of 1980 (Act) was passed by Congress in 1980. Lawmakers were concerned that many children were being removed from their homes unnecessarily and that, once they entered foster care, inadequate efforts were made to either reunify them with their biological families or place them with adoptive families. The Act was passed to correct or alleviate problems in the foster care system and to promote permanency rather than multiple foster placements. An additional goal of the Act was to encourage social workers to work toward reunification of the family and to avoid long-term foster care for the children if possible. If the child could not be returned to the family, another plan was to be sought such as adoption, long-term foster care, or some other resolution.

Important Documents for an Elder Person to Possess

Although no one likes to think of death or incapacitation, individuals, especially elderly individuals should be prepared. There are several important documents for an elder person to have in their possession.

Interference with an Agreement to Marry

Depending upon the state, interfering with an agreement to marry may be a civil offense or a tort. However, the majority of states do not recognize a claim for interfering with an agreement to marry. Although most states recognize the claim of tortious interference with a business relation or with a general contract, states are more reluctant to permit a claim for liability with respect to a premarital setting.

Notice Requirements, Leave, and Enforcement of the Family Medical Leave Act

The employer is required to keep and post a notice of the FMLA requirements in an open and obvious location for its employees to see. The notice should contain information about filing complaints if the employer fails to comply with the requirements of the FMLA. The information should also address issues regarding the employee's rights and the employer's obligations under the FMLA.

The Child Witness

It is very difficult for children to be witnesses in a trial. In order to determine if a child should testify in a trial, the attorney should consider numerous factors.