Where Do Parents Rate?

Parents that have ever been on the receiving end of an investigation by social worker or agent of the local child services organization, or Department of Job and Family Services in Ohio, will describe their desperate feeling of helplessness.  The great amount of statutory extra-judicial authority given these departments is nothing short of shocking to parents confronted with demands from the child services agents.  They are exponentially outraged when they discovery their children have been interviewed by such agents without parental consent.

Child services across the nation are now re-evaluating their child interview practices in light of the decision of the Federal Ninth Circuit Court of Appeals in Camreta v. Greene. In the case, the Oregon Department of Human Services received a report of alleged abuse against a nine-year old child by a parent.  A department caseworker and local police officer decided to interview the child at school, without parental consent or a warrant. The charges against the child's father, Mr. Greene, were dismissed.  The family then filed a Section 1983 lawsuit against the caseworker and officer for violating her daughter's Fourth Amendment right against unreasonable search or seizure   The Ninth Circuit Court of Appeals found a violation by applying the traditional probable cause warrant requirement as opposed a reasonableness balancing test.  Camreta, the social worker, claimed the analysis should instead be the reasonableness balancing test which has been the analysis where the invasion is something less than an arrest, for instance a less intrusive Terry stop which only requires reasonableness.

It is certainly exciting that the United States Supreme Court had agreed to hear the case, in other words, it granted certiorari which is an order to the lower court that it shall review the decision.  Oral arguments were had before the high court on March 1, 2011.  The actual oral argument recording can be heard at http://www.oyez.org/cases/2010-2019/2010/2010_09_1454/argument.  Those hoping for an opinion from the Court on the merits, may be disappointed.  A great portion of the dialogue in the case addressed the question as to whether the opinion had an current justiciable claim or a live case or controversy. It seems the Greene family and the child had since moved from the state of Oregon.  Some members of the Court wondered how the Court might dispose of the case if there is no longer a case pending below as the lower court found in favor of sovereign immunity for the social worker.

Should the Court reach a decision on the merits, the opinion could be far reaching.  There were multiple questions which specifically inquired about at what length of time does an interview amount to a seizure and at what age a child has a capacity to consent to the seizure.  In Ohio, the police are permitted to interview children without a Miranda waiver executed by both the child and the parent, which is known elsewhere as the “independent advice/interested adult standard.”  If the Court issues an opinion on the merits, the reasoning of the Court will certainly have a remarkable effect on other such standards relating to investigations involving children.

The Separation after the Divorce - W.I.N. Your Future.

You spend all day in Court, maybe you’ve had days of trial, maybe things were amicable.  Regardless, you are not finished yet.  Even after the Judge signs your divorce decree and you have received your certified copy, there are still things left for you to do.  Certain designations do not change by virtue of the ink drying on your divorce papers.

If your former spouse was designated as a beneficiary of a life insurance policy that you are maintaining, that designation will remain until you take affirmative steps to change the beneficiary designation.  The same holds true for retirement plans.  You must take affirmative steps to change the beneficiary designation.

You will also want to update your Last Will and Testament, your Living Will, and your Health Care Power of Attorney.  Although your former spouse is no longer entitled to the statutory benefits under probate law, if you made a specific bequest to your former spouse in your Will, that bequest remains until you change it.  You will also likely wish to designate a new executor under your Will as your former spouse is probably your current designee.  The same holds true for your Living Will and Health Care Power of Attorney.

That said, if your Divorce Decree requires that you are to maintain a life insurance policy with your ex-spouse as beneficiary, or it requires that you designate your ex-spouse as a beneficiary of a retirement plan, you must abide by the Decree or face possible contempt charges.

And, do not overlook the years you and your spouse shared credit.  Immediately begin to establish new credit in your sole name and remove your ex-spouse as an authorized user on any card or line of credit.  Remember these credit relationships are contractual between your bank or lender and you and your ex-spouse.  These contractual relationships are not typically controlled by your divorce decree.

Once you are officially divorced, you will still need to look at these various issues to be truly separate.  When you have your signed divorce decree in hand, remember to now W.I.N. your new future:

     *  Wills, powers of attorney, and estate documents;

     *  Insurance related documents; and

     *  New credit and remove your ex-spouse as an authorized user.