Welcome to the longest day of the year! Here’s the latest in child welfare.
Following the first full trial on the merits, a federal judge in Arkansas has invalidated the state’s law limiting puberty blockers, hormone therapy, and surgery as treatments for gender dysphoria in children. The 80-page decision, the majority of which recites evidence and makes findings of fact, relies heavily on the Plaintiffs’ experts: Dr. Dan Karasic, Dr. Deanna Adkins, and Dr. Jack Turban. The Court found that (1) the ban is a gender-based prohibition that cannot withstand strict scrutiny; (2) the ban violates parents’ rights; and (3) the ban violates the physicians’ free speech rights.
The Sacramento Bee has an interesting map showing the ages at which parents can leave children without adult supervision.
Following up on the Haaland v. Brackeen decision upholding the Indian Child Welfare Act, here are a few commentaries and analyses from across the country: George Will; Cowboy State Daily; National Review; Native News Online; and Texas Monthly In reviewing the case again, the fact that tribes are sovereign nations is what distinguishes this situation from the general ban under the US Constitution and federal law on racial or ethnic decisions in foster and adoptive placement. A remaining question for me is ICWA’s guidance that if a child cannot be placed with his or her ancestral tribe, “any Indian family” is preferred over a non-Native placement. That seems incongruent with the idea of tribal sovereignty. After all, you wouldn’t place a British child with a French family on the basis that “they’re all European.”
As we’ve discussed before, many states are retrospectively removing statutes of limitation that barred claims of child sexual abuse. Colorado’s Supreme Court has determined that doing so violates the defendants’ right to due process.
In case you missed it (I did), there’s a series on Netflix about a family accused of child abuse after seeking treatment for a chronically-ill child at a Florida children’s hospital. You can read more about it here. (Take that, paywall!)
Another state — Missouri — struggling with caring for children in care who suffer complex behavioral issues.
We’ve discussed much about children in foster care being placed in hotels because there are no other suitable placements for them. In Nevada it appears they are getting the high-roller treatment in Casino resorts.
More on legislation in Maine that would allow parents of children with significant disabilities to become their paid caregivers.
Oklahoma is an outlier in that it provides for jury trials in termination of parental rights cases. A new law sets speedy trial timelines for handling them.
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Tom