NCALP: News Summary

[Leonard Henderson]

August 22, 2012

If you are unable to access the links on this page click here. Follow us:     ADOPTION INDIANA: “Court: Gary doctor not required to disclose birth defects before adoption” By: Dan Carden The Indiana Court of Appeals recently decided that a New York couple cannot sue an Indiana doctor for failure to give the couple prenatal medical records showing that their adopted child had significant brain abnormalities, stating that because the couple failed to comply with HIPPA and Indiana statute when making their request for the records the doctor was under no obligation to release them. The couple sought to sue the doctor for damages, claiming that he had a duty to disclose the test results and had they know of the child’s brain abnormalities, they would not have adopted him. NWI Times, August 13th, 2012 For Full Article Click Here ADOPTION/ICWA SOUTH CAROLINA: “Rehearing sought in Native American adoption case” By: The Associated Press The South Carolina adoptive parents of a 2 year old Native American girl have requested that the South Carolina Supreme Court reconsider its decision to give custody of the child to her biological father in Oklahoma. Last month, the court voted 3-2 that federal law gave custodial preference to the child's father, a member of the Cherokee tribe. The Sacramento Bee, August 13th, 2012 For Full Article Click Here ADOPTION UTAH: “Proposed Bill Would Penalize Adoption Agencies for Fraudulent Representations” By: Marjorie Cortez Utah legislators have introduced a bill that would provide sanctions for adoption agencies and agency employees who make fraudulent representations in regards to adoptions. In addition, adoption agencies could have their licenses suspended or revoked, and parties that challenge a fraudulent representation in court could be entitled to court and attorney fees. The legislation was introduced in an effort to protect biological fathers’ rights in adoptions. As the legislature considers the proposed amendments to the adoption code, a Utah man is waiting to hear whether he can intervene in the adoption of his now 2-year-old son, whom he claims was adopted without his knowledge or consent. The man’s attorney testified in support of the changes to the law, stating that many pregnant women come to Utah from other states to place babies for adoption because of Utah’s weak protections for biological fathers. Desert News, August 15th, 2012 For Full Article Click Here CHILD PROTECTION ILLINOIS: “Ill. court OKs suit on school's inaction on abuse” By: Christopher Wills Last week, the Illinois Supreme Court ruled that school administrators in McClean County can be sued for failing to warn a neighboring school district that a teacher they were hiring had a record of sexual misconduct. The McClean school district wrote a positive letter of recommendation for the teacher and filled out an employment verification form for the Urbana school district, despite the fact that there had been multiple complaints against the teacher and he had been forced to resign before the end of the year. After being hired by Urbana, the teacher abused at least eight girls in his new position. The ruling did not state that school officials have a broad duty to warn other schools about potentially dangerous teachers; rather, it was the action of providing false, or at least incomplete, information on the employment verification form that opens the door to a lawsuit. San Francisco Chronicle, August 9th, 2012 For Full Article Click Here The preceding are summaries of adoption/child welfare law news articles prepared by The National Center for Adoption Law & Policy. These summaries are provided for your information only and do not necessarily reflect the views of the Center. We strive to print news that reflects the diversity of our readership and a variety of viewpoints and approaches to child welfare issues. While we may not agree with a position taken, we believe in the critical importance to our constituents of impartial reporting.