I often find myself in a case opposing a party who has designated his or her or a child’s treating therapist as an expert witness on various forensic issues. This arrangement is rarely, if ever, a good idea. I understand the temptation to save money by hiring one person instead of two. But a treating…

A fascinating and well-written federal court opinion explores the limits of university authority over a professor’s free speech. Nathaniel Hiers was an adjunct professor at the University of North Texas, and ran across a stack of pamphlets in the faculty lounge warning against various phrases that could be “microaggressions.” Hiers jokingly stuck a flyer on…

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…

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…

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…

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…

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…

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…

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,…

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…