In the last census, more than 2. Nationally, kinship foster placements constitute about a third of foster placements. Challenges faced by youth in foster care are greatlyexacerbated by race. Philadelphia, as the poorest big city in the U. In , slighty under6, children were placed with the Philadelphia Department of Human Services removed from their home for safety reasons. Traditional foster families are often reluctant to take on three or more siblings, whereas relatives are more likely to keep siblings together.
Children in kinship homes are also more likely to stay connected to their extended family and maintain their cultures and customs. Relatives more often live in the same neighborhood as the family of origin and engage in the same community and cultural practices. Run-away youth present a chronic challenge to the foster care system, and children placed with relatives run away less frequently. Behavioral and mental health outcomes are also better for children in kinship homes.
A long term close relationship with an adult, such as a kinship caregiver, was found to predict more positive mental health as an adult. Kinship care is not without its critics, who warn that it is not a panacea for all foster children. Others express concerns that placements with kin may be just as likely to destabilize as placements with strangers. Ultimately decisions regarding the safety of a child and the permanency plan for the child are subject to oversight by Family Court.
It starts with a phone call. Both mandatory reporters teachers, medical professionals, and child care workers and concerned neighbors or family members may call, and if the call sounds credible, DHS must investigate within 24 hours. In the small percentage of cases where the child is deemed to be in imminent danger, a court can authorize an ex parte order to remove the child from the home.
The parent has a right to a shelter care hearing to challenge the removal within 72 hours, at which point attorneys are appointed for both the parent and child. Another hearing takes place within 10 days at which time the court will make decisions about whether the child can return home, or must be placed in foster care or possibly with relatives. In Philadelphia, about 6, children are in foster care at any given time. Since , the numbers have stubbornly remained at less than half.
The question is why, and what can be done about it? The fellowship will help attorneys develop and implement these advocacy strategies. Feyler says that the Stoneleigh Fellow is well-positioned to contribute to that initiative. These sorts of changes could be fairly easily implemented, she explains. Of course, keeping children with families and out of the foster care system to begin with remains a goal.
Pennsylvania is in the process of implementing the Kinship Navigator Program to help relative caregivers access a wide range of services. By hearing from community groups and families, Phelps hopes to provide input on implementation of Family First—advising on where support is most needed. A key part of her fellowship will also be the establishment of a kinship care advisory board that could shepherd improvements in the future.
Family gets ruled out for lots of reasons. And what are the advocacy tools that those family members can use to make sure their interest in becoming a caregiver for the child is heard? How to apply for kinship care, and what their rights are if DHS denies them kinship care. With limited access to legal advocacy and support, there is often nowhere for these potential caregivers to turn. Many potential caregiver kin may hesitate to step forward because they fear repercussions from inviting DHS into their homes.
Research shows that relative caregivers typically have far lower incomes than other prospective adoptive or foster parents, and can be ruled out for reasons that basically disqualify them for being poor, often involving housing requirements. Maggie Potter, a social worker at Philadelphia Community Legal Services, has seen these scenarios play out with clients. As a social worker, she is brought in on complicated dependency cases. There may be hard factors which rule out a relative, such as a serious criminal record, and then there may be more subjective factors.
Sometimes if there was abuse by the parent, caseworkers or advocates may question why the relative did not step in to prevent the abuse. To subscribe to Q go to www2. On December 3, , the U. Supreme Court heard oral argument on Lorenzo v. After this decision, broker-dealers and others in the industry will better understand the scope of Rule 10b All statements were false.
And if he cannot be found liable for making untrue statements, can he be found liable for employing a scheme to defraud or for engaging in an act that operates to defraud? Four years later, the SEC charged Lorenzo, his boss, and Charles Vista with violating antifraud provisions of the federal securities laws. The SEC did not charge Lorenzo with aiding or abetting a fraudulent act. Cut, Paste, Send, Cert. Engle, the chair of the white collar defense, internal investigations, and corporate compliance group at Stradley Ronon in Philadelphia.
The SEC prevailed against Lorenzo in administrative proceedings where the judge found Lorenzo violated all three subsections of Rule 10b Lorenzo took an appeal to the Court of Appeals for the District of Columbia Circuit, but he lost once again, in a decision. Sean Coffey says: Where should courts draw the line between third-party conduct that "merely" aids and abets a fraud, and conduct that puts the third party in the thick of the fraud as a direct participant?
That is the question the Supreme Court has agreed to tackle next term in Stoneridge Investment v. Skip to Main Content Skip to Search. News Corp is a network of leading companies in the worlds of diversified media, news, education, and information services Dow Jones.
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Ultimately the fraud was exposed, a restatement filed and the company collapsed. The four defendants were officers of the company who worked in the operating divisions. The operating divisions were essentially required to prepare results showing the specified profit margin. The defendants, in accord with the directives of senior management, participated in the preparation of results ultimately furnished to investors which falsely specified the performance of the company. Prior to the decision in Janus the court denied a motion to dismiss, concluding that the four defendants could be held primarily.
According to the complaint the defendants sketched out and helped fill in the picture during the entire period it was on display. The court reversed this decision in part following Janus. The court began by concluding that Janus applies to corporate insiders such as the defendants.
While the defendants in that case were legally separate entities, there is noting in the decision which confines it to such a fact pattern. The holding of the case focus on the language of the rule which applies equally to all defendants.
At the same time however the key question under Janus is who is the ultimate authority as to the making of the statement. The four defendants here clearly were not that authority according to the pending complaint. Rather, they acted in response to the mandatory directives of senior officers. Accordingly, the court reversed its earlier ruling as to Rule 10b-5 2. While subsection b of the rule focuses on the maker of a false statement, subsections a and c of Rule 10b-5 are concerned with deceptive conduct.
Such conduct can be a basis for primary liability as the Court made clear in Stoneridge Inv. Partners, LLC v. Scientific-Atlanta Inc. Inasmuch as the legislative landscape of pursuing a private cause of action under Rule 10b-5 for aiding and abetting has not changed since the court's decision in Central Bank nearly 14 years ago, the court found no reason to deviate from its Central Bank holding. Thus, the ball is now, once again, in Congress' court to determine whether legislation should be passed creating a private cause of action under Rule 10b-5 for aiding and abetting.
In conclusion, the Supreme Court's decision in Stoneridge Investment strikes yet another blow to plaintiffs in securities fraud class actions and builds upon the court's recent pro-business decisions in cases such as Tellabs, Inc. Makor and Dura Pharmaceuticals v. There is also no doubt that the Stoneridge Investment decision will allow accountants, lawyers and bankers to breathe a little easier in their day-to-day dealings with clients.
Regardless, professionals from all walks of life should not mistake the Stoneridge Investment decision as a free pass to engage in aiding and abetting activities, since the SEC still has the power to prosecute them vis-a-vis the PSLRA. The attorneys in our group have wide experience in representing corporations, their officers and directors in SEC enforcement proceedings, hostile takeover litigation, shareholder class and derivative actions, and SEC and FINRA investigations.
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