The recent Court of Appeals decision in IN RE. M.F. (No. 08-FS-733, Sept. 27, 2012), highlights how the litigation errors made at the trial level can tip the balance on the appeal. At issue, in part, was statements admitted by MF Fentress into record as admissible under the hearsay exception: statement made during medical diagnosis. The evidence of abuse and neglect at trial was primarily elicited through the testimonies of a therapist, a treating medical professional and the social worker. The bulk of testimony and evidence was the child’s account of events to these individual who all testified. The litigants
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Archives for criminal law dc
DOES INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC) APPLY TO A NON-CUSTODIAL OUT OF STATE BIOLOGICAL PARENT?
Until recently, and almost consistently, the Child and Family Services Agency (CFSA) would in cases where a non-custodial non-petitioned biological parent intervenes in the neglect proceedings and seeks custody of the child – would require that parent to go through the rigorous and rather arduous task of the ICPC approval traditionally reserved for out of state placement with a foster family or an out of state pre-adoptive home. The Supreme Court of Connecticut in an opinion published on July 19, 2012 (IN RE EMONI W. ET AL), dissected the ICPC statutory language and clearly ruled that the biological non-custodial parents
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DC Drinking and Driving Implied Consent Statute; submit or not to the blood alcohol content test?
Upon being stopped for suspected drinking and driving, and before being administrated or submitting to alcohol/drug detection devices, the police officer has to inform you explicitly as to your right to refuse test submission pursuant to DC Implied Consent Act. DC Statute Sec. 50-1905 makes it clear that refusal to submit to two chemical tests pursuant to Sec. 15-1902 (blood, urine, or breath), will result in an automatic suspension of the driving privileges in the District for a period of 12 months. Before suspension, the arresting officer has to submit an affidavit stating that the implied consent act was explained, and
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LEGAL NEWS MARCH 2012
RECENT COURT OF APPEALS: V.C.B. v. U.S., No. 10-CO-89 (Decided February 16, 2012) Available at: http://tinyurl.com/75gm3fu Challenge to trial court’s refusal to seal arrest records after case dismissed. Significant as the case involved child witnesses –Remanded. Patterson v. U.S., No. 08-CF-876, 10-CO-1611 (Decided February 16, 2012) Available at: http://tinyurl.com/6u7p2l7 Expert testimony and requirements for admissibility. OTHER NEWS: Failed Adoptions Lead to More Homeless Youths (NYTimes) Available here. Calls for More Reporting of Suspected Child Abuse (NPR) Available here. Poverty Thinning Out But Still Hurting District (Washington Examiner) Available here.
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