Nov
11

Overcoming Interstate Adoption Issues

A. What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children (“ICPC”) is a federal law which establishes uniform legal and administrative procedures governing the interstate placement of children. The ICPC is premised on the belief that children requiring out-of-state placement will receive the same protections and services that would be provided if they remained in their home states, and further that all legal requirements are observed. In furtherance of this goal, the ICPC gives the sending state the opportunity to conduct home studies and evaluate the proposed placement. It allows the prospective receiving state the opportunity to determine that the placement is in the child’s best interests and it guarantees both legal and financial protection.

All fifty (50) states, as well as the District of Columbia and the U.S. Virgin Islands are members of the Compact. Each state has codified the ICPC into state law and has a designated Compact Administrator which oversees the process of interstate placements. In Massachusetts, the ICPC is administered by the Department of Children and Families (“DCF”) and regulations governing the ICPC can be found at 110 CMR 7.500 through 7.523, a copy of which is attached.

Read the rest of this entry »

Nov
11

Following Ethical Guidelines in Adoption Law

Identifying Conflicts of Interests
The goal in any adoption is to ensure that each participant’s rights are protected, that each fully understands the implications of the process and the placement to be a permanent one. A placement can unravel quickly if ethical guidelines are given short shrift. This can lead to the voiding the surrender overturning the adoption, putting the agency at risk in losing its license, incurring a fine, jeopardizing the social worker’s license and/or the attorney’s ability to practice law.

An attorney’s role in any aspect of adoption law can easily be fraught with conflicts. It is critical to identify whom you represent, and stick to that role. The participants in the adoption process are the agency, prospective adopting parent(s), expectant/ birth mother, and expectant/ birth father. Read the rest of this entry »

Nov
11

Offering the Different Adoption Options

A. Private Placement Adoptions
There are several ways to adopt a child in Massachusetts: through a private agency, a public agency, the Massachusetts Department of Children and Families (“DCF”), if adopting a child through foster care or without either in limited circumstances where the child is a relative. Private placement adoptions are adoptions which are handled by a private adoption agency working with a prospective adoptive family, as opposed to adoptions of children in foster care handled by DCF.

Massachusetts is an agency state which means that only licensed adoption agencies may legally place children for adoption. Families residing in Massachusetts seeking to adopt a child must utilize the services of private adoption agency licensed by the state or DCF, regardless of where the child is born. The Department of Early Education and Care (“EEC”) which regulates adoption agencies, requires, at a minimum, that interested families have a home study conducted by a Massachusetts licensed adoption agency. These agencies may provide for private domestic or international adoptions, or they may contract with DCF to provide services for adoptions from foster care.

Read the rest of this entry »

Nov
11

Adoptions: This Was Not the Outcome Expected

Outcomes in adoption matters are just like life, regardless of the care, preventative measures and good intentions, the outcome may not be what was expected. This article shall address some of the issues which may either cause the adoption to unravel, or disrupt, and how to best address them.

Rights of Biological Parents and Adoptive Parents
Until the biological (1) parents’ rights are properly terminated, either voluntarily, or by judicial decree, the prospective adoptors (2) have no rights to the child, nor the right to make decisions on behalf of the child, mother or father. It is irrelevant that the mother and/or the father may have decided to make an adoption plan, and even chosen prospective adoptors prior to the time when their rights are to be terminated.

Read the rest of this entry »

Oct
19

Adoption Law: Start to Finish

On November 9, 2011, Karen Greenberg and Arlene Kasarjian will be presenting topics during the National Business Institute’s seminar, “Adoption Law: Start to Finish.” The seminar will take place at the Boston Marriott Newton. For more information or to register, click here.

Sep
26

Meet Christine Kahvejian

As I enrolled the last of my three young children into full-time school, I began to ponder the possibility of once again joining the work force. A new career at age 35? The idea seemed both appealing and extremely frightening. What would I do? Where would I start? Having been a stay-at-home-mom since 2004, albeit with a brief stint as a Pilates studio manager, I was intent on finding work that inspired me and made full use of my unique strengths and talents. But what were they? I quickly started to draft a list of some key pre- and post-baby experiences.

  • Education: BA Industrial Relations; Cordon Bleu Paris Pastry and French Cuisine Degree
  • Career: Fashion Merchandising and Sales; Importing
  • Hobbies and Volunteering: Cake Decorating; Charity Fundraising

Read the rest of this entry »

Sep
23

Contested Adoptions Are Not Child’s Play, Particularly in the Appeals Court

Every year, thousands of adoptions make their way through the courts without a single blip. However, there are times when problems arise, and an adoption case can quickly become very complex and even completely unravel. Over the years, Konowitz & Greenberg has been involved in several such cases, and has worked hard to obtain the best possible outcome for its clients.

In the spring edition of The Brief, I shared a case where, on behalf of the adoption agency, I prevailed in terminating the rights of a birth father who came forward to “claim” his child. Given the particular facts and circumstances of the case, the Probate and Family Court found the birth father unfit to parent the child. The father filed an appeal in the Appeals Court, claiming that the judge abused her discretion, that she misapplied the law, and that the Plaintiff adoption agency failed to prove by clear and convincing evidence that the father was not fit.

Read the rest of this entry »

Sep
22

News from the Estate Planning Department

You may or may not be aware that the Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010 contains several changes that favorably impact estate planning and taxes through 2012. These laws, however, will expire on December 31, 2012, and without further action by Congress, will revert to the laws in effect in 2001, which are much less favorable.

Highlights for 2011 and 2012 are as follows:

  1. The exemption amount increases to $5 million per person for federal gift, estate and generation skipping transfer taxes ($10 million for a married couple);
  2. The top marginal federal gift, estate and generation-skipping transfer tax is reduced from 45% to 35%, and a full “step-up” in basis rule applies for all assets included in a decedent’s gross estate;
  3. “Portability” of unused estate tax exemption in the estate of the first spouse to die, thereby allowing the surviving spouse’s estate to take advantage not only of his or her own exemption but also any unused portion of the exemption of his or her spouse.

Read the rest of this entry »

Sep
22

Massachusetts Alimony Reform: A Long Awaited and Welcomed Change

The Massachusetts Senate and House of Representatives have passed the Alimony Reform Bill, and it is expected to be signed by Governor Deval Patrick. Once signed, the new Alimony Reform Act will become effective on March 1, 2012. The bill, having been passed at the recommendation of a special task force appointed in 2009, marks the first time in two decades that the Legislature has updated the Commonwealth’s alimony laws.

In Massachusetts, alimony is governed by Massachusetts General Law, Chapter 208, Section 34, but the existing statute is very vague, giving the court broad discretion and a minimum amount of guidance in awarding alimony. For most attorneys and litigants, trying to figure out alimony payments and duration has been a nightmare because they have had no clear formula to use, unlike child support calculations.

Read the rest of this entry »

Sep
21

Breaking Up is Hard to Do: Plan for the Successful End of a Business Partnership

People form business relationships with the best of intentions. However, when forming a new business, often they are more excited about getting into the business and doing “it” than anything else. Of course, the last thing they think about are the legal details. That can be a real danger. Left ignored, details that seem tiresome or unimportant at the outset lead to big problems later—and can even destroy a business. The stress of battling a partner over details and issues no one considered ahead of time is enormous. It is better to plan ahead.

First, when selecting a business partner, think carefully and choose wisely. Do you even need a partner? Maybe not. If you do, that person should bring something substantial to the table—like deep pockets or industry connections. Before entering into any partnership, do some due diligence. It might be awkward, but even if you get along fine, ask for financial statements and a resume that includes the names and phone numbers of past investment partners.

Read the rest of this entry »

Older posts «

» Newer posts