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Youth Services Law
Child Protection | Independent Investigations
Child Protection | Independent Investigations
  • How to Question a Child
    Child Protection

    How to Question a Child

    ByDebbie Ausburn March 26, 2022

    In this series, I have been discussing considerations that come into play when we need to depose children. The final, and for many lawyers the most frightening, issue in deposing children is how to ask questions of children. Like many tasks, it is more frightening than difficult. Fortunately, many other people have faced this same…

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  • Considerations When Deposing a Child
    Child Protection

    Considerations When Deposing a Child

    ByDebbie Ausburn March 23, 2022

    As I discussed in my last post, courts generally allow depositions of children who may have relevant information. That right is not boundless, however, and courts have the right to set conditions to reduce the stress and trauma to the child. Courts that have allowed depositions have either set the conditions themselves or required the…

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  • Do We Have a Right to Depose a Child?
    Child Protection

    Do We Have a Right to Depose a Child?

    ByDebbie Ausburn March 21, 2022

    One dilemma that lawyers confront is when and how to depose children. Sometimes, those children are the professed victims in litigation; other times they are fact witnesses. Quite often lawyers for the child’s family will resist a deposition, citing the potential for psychological trauma. Most courts that have considered the question have found a right…

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  • Can We Help Child Abuse Victims Avoid Being Victimized Again?
    Child Protection

    Can We Help Child Abuse Victims Avoid Being Victimized Again?

    ByDebbie Ausburn March 16, 2022

    One well-known problem in the child welfare field is that children who suffer abuse are at much higher risk of being victims of violence later in life. There are a myriad of theories about why that happens and very few evidence-based answers. A recently-published study from Australia offers a few helpful clues. The study looked…

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  • Principles for Dealing with Allergies in Youth Organizations
    Child Protection

    Principles for Dealing with Allergies in Youth Organizations

    ByDebbie Ausburn March 2, 2022

    One challenge that my clients are having to deal with more often is childhood allergies, which are increasing for reasons that no one quite understands. Allergic reactions can be frightening and, in fortunately rare circumstances, lead to death. Given those stakes, youth organizations need to develop plans for dealing with allergies in their settings. Prevention…

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  • Settling a Minor’s Case
    Child Protection

    Settling a Minor’s Case

    ByDebbie Ausburn February 28, 2022

    I have received several questions recently about settling claims involving minors. Every case and state law is different, but there are some general principles. Since I know Georgia law best, I will use it to illustrate the issues. Unlike settling a claim for an adult, most states place quite a bit of oversight on parents…

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  • Sex Offender Slips Through Cracks of NY Foster Care System
    Child Protection

    Sex Offender Slips Through Cracks of NY Foster Care System

    ByDebbie Ausburn February 26, 2022

    One story all over the news lately is the New York foster parent accused of using the system to force young women into prostitution. From news reports, it’s hard to know exactly how the foster care system missed the signs here, but there are some lessons that youth-serving organizations can learn about screening. Sharice Mitchell,…

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  • How to Review Your Child Protection Policies
    Child Protection

    How to Review Your Child Protection Policies

    ByDebbie Ausburn January 15, 2022

    Whenever you have time to review your organization’s policies, put your child protection policies at the top off your list.  We have created a self-assessment checklist that you can download below or ask us about via email. Some of the components that people sometimes overlook include: Vounteers — It’s easy to overlook the fact that…

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  • Another Win for Student Free Speech
    Child Protection

    Another Win for Student Free Speech

    ByDebbie Ausburn January 12, 2022

    The Commonwealth Court of Pennsylvania last week overturned the suspension of a student who posted violent song lyrics on his Snapchat account. The student was not on campus at the time, and he posted the lyrics from Snap! by the death metal band Spite. He did not identify the post as being from a song and…

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  • New Year’s Resolution: Review Your Policies and Records
    Child Protection

    New Year’s Resolution: Review Your Policies and Records

    ByDebbie Ausburn January 3, 2022

    The beginning of a new year is a traditional time to think about starting new projects. For youth organizations, it is a good time to take a close look at your policies and records to determine which ones to keep going forward. Not only will the process make your program more efficient, but (for reasons…

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