Practice Area: Child Welfare
In 1866, Henry Bergh of New York City established the first humane organization in the United States - the American Society of Prevention of Cruelty to Animals, known commonly today as, the ASPCA. Shortly thereafter, Bergh assisted in saving Emily Thompson, an 8 year old girl, reported to Bergh as being victim of severe daily beatings. Bergh was successful in removing Emily from the abusive home and helping Emily’s grandmother obtain custody. Shortly thereafter, Bergh co-founded the American Society of Prevention of Cruelty to Children.
Child Welfare issues involve the physical, sexual or emotional abuse and neglect of children, also referred to as dependency and neglect cases in Colorado. A 2005 report from the Colorado Association of Family and Children’s Agencies (CAFCA) found that approximately twenty children in Colorado die from suspected abuse or neglect every year and children under the age of four account for 75% of those deaths.
In addition to contracting with the Colorado Office of the Child’s Representative as Guardian ad litem, we are available as private counsel to assist with other legal issues that relate to children. While those issues may not strictly adhere to the definition of child welfare, we have listed them under that heading for the sake of simplicity.
Tags: What is child welfare; child welfare law and history; c
A power of attorney is an authorization to act on someone else’s behalf in a legal or business matter. It can be a useful tool when parents or pet caretakers need to ensure their child or animal companion will be properly taken care of during the parent or pet caretaker’s temporary unavailability. A power of attorney will work hand-in-hand with a pet trust, discussed here.
The person who is giving the power is referred to as the “principal” while the person who accepts responsibility of the power is called the “agent” or “attorney-in-fact”. Among other things, powers of attorney can be revocable, irrevocable, special or general, durable or non-durable. A durable power of attorney will remain in effect upon the principal’s incapacity. A non-durable power of attorney will not be effective upon the principal’s incapacity.
There are many options with respect to powers of attorney and you should fully understand what it is you need before you sign any legal documents.
Tags: animal center; Colorado animal rights; animal rights la
Gabriela Sandoval serves as Guardian ad Litem (GAL) in D&N cases, representing the child’s best interests before the Denver Juvenile Court. In Colorado, the court appoints a GAL on all Dependency & Neglect cases. In these cases, the Department of Human Services files a complaint against parents or a non-parent caretaker of a child based upon neglect or abuse. D&N cases are civil in nature. Some responsibilities of the GAL include: conducting an independent investigation and representing the legal and “best interests” of the child; determining with whom the child will live and what, if any protection orders should be issued by the court; providing input on treatment plans for parents and child; personally visiting with the child and; filing legal documents on behalf of the child.
In Colorado, a child is neglected or dependent if: A parent or legal custodian has abandoned the child or has mistreated or abused the child or allowed the child to be mistreated or abused without taking lawful means to stop the abuse or mistreatment from happening again; The child lacks proper parental care; The child’s environment is harmful; The parent or legal custodian fails or refuses to provide necessary or proper care, education, medical care, or other necessary care; The child is homeless or without proper care; The child is a run away or otherwise beyond the control of his or her parent or legal custodian; The child tests positive at birth for certain controlled substances; The parent or legal custodian has subjected another child to habitual abuse and that parent or legal custodian has been the respondent in another proceeding where that child was found to be dependent or neglected based on allegations of sexual or physical abuse or the court determined the parent or legal custodian’s abuse or neglect caused the death of another child and the pattern and type of habitual abuse pose a current threat to the child. COLO. REV. STAT. § 19-3-102 (2007). A guardian ad litem is appointed to represent the child’s best interests in all dependency and neglect cases.
~ The above has been taken, in part, from the Colorado Children’s Code.
Tags: Colorado GAL, Colorado Guardian ad Litem, Dependency & Neglect, GAL