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May 2004 - Vol. 6, No. 4
Senate Judiciary Approves Bill to Exclude Immigrants
for Failure to Pay Child Support
A Senate bill moved one step closer to passage last week that would
exclude immigrants who are behind in child support payments from
admission to the U.S., and make them ineligible for visas. The Parental
Responsibility Obligations Met through Immigration System Enforcement
(PROMISE) Act (S. 1609), is co-sponsored by Senators Orrin
Hatch (R-UT) and John Cornyn (R-TX), and would amend the Immigration
and Nationality Act to:
- Exclude non-citizens from admission to the U.S. based on nonpayment
of child support.
- Give immigration officers the authority to serve an immigrant
with legal process in child support cases.
- Include nonpayment of child support among the considerations
in determining the establishment of an immigrant’s “good
moral character", thereby providing a basis to deny citizenship
status.
The bill would also amend the Social Security Act to authorize
the disclosure of an immigrant’s child support-related information
to the Attorney General, the Secretary of Homeland Security, or
the Secretary of State. It has been placed on the Senate Legislative
Calendar.
Courts are Creating Penalties that Preclude Conception
for Parents Who Do Not Financially Support Their Children
Recent family court rulings in Kentucky, New York and Ohio would
restrict parents who do not provide for their current children from
having additional children.
- In Campbell County, Kentucky, Judge D. Michael Foellger has
adopted a policy of giving fathers who are facing jail for the
nonpayment of child support a choice of either serving their 30-day
term in jail or having a vasectomy. Judge Foellger applies the
choice in civil contempt cases to fathers who are more than $10,000
behind in court-ordered child support and who have had several
children with different women. Thus far, the option has been given
to six or seven men. All except one have chosen the vasectomy.
None have appealed the order, so no higher court has reviewed
the cases. Judge Foellger has suggested to some women under similar
circumstances that they have a tubal ligation.
Other Kentucky county judges have made similar rulings in the
past:
- In Jefferson County in 1993, a district judge made having
a tubal ligation a condition of parole for a woman who was
pregnant with her fourth child and behind in child support
payments to her ex-husband.
- In Hopkins County in 1987, two women who were convicted
of welfare fraud were ordered to abstain from sex or use contraceptives
as part of their sentences by a circuit judge.
See http://www.mercurynews.com/mld/mercurynews/news/world/8694252.htm?1c
and http://www.kypost.com/2004/05/06/judge050604.html
for coverage of the judge's policy.
- In Ohio, the Supreme Court heard oral arguments this month
in a case, State of Ohio v. Sean E. Talty, in which
a father was required to make "reasonable" efforts
to avoid conception during his five-year probation after he
was convicted of not supporting three of the seven children
he has by five women. Violation of the order could result
in six months to a year in prison. The Supreme Court will
decide if the order violates the fundamental right to reproduction,
or if that right does not apply to someone on probation or
parole. The order was initially issued by Medina County Common
Pleas Judge James L. Kimbler, and later upheld by a state
appeals court. A decision is expected by fall.
- In a similar case in Wisconsin in 1999, David Oakley was
ordered not to father any children during probation “unless
he could prove to the court that he could support them all.”
The Wisconsin Supreme Court upheld the decision, and the U.S.
Supreme Court declined the case. (See the July 2001 Policy
Briefing for a summary of that case at www.cffpp.org.)
- Family Court Judge Marilyn O’Connor in Rochester,
New York has ordered homeless parents who agreed that their
fourth child should be placed into foster care because of
their drug addiction to have no more children until they can
demonstrate that they can care for the children they now have.
The couple could be jailed if they have another child, and
this outcome is complicated by the fact that the mother is
currently pregnant again. In her ruling, Judge O’Connor
justifies the order by stating that, “any constitutional
right to parent under these circumstances is outweighed by
society's right to not have the additional physical and financial
burden of providing for that child, and that, “the generosity
and kindness of society has been abused enough, the respondents'
existing children have been neglected enough, and this court
will do what it can in this particular case to end this pattern
of behavior.” The ruling is In the matter of Bobbijean
P., and is available on-line at http://www.nycourts.gov/reporter/3dseries/2004/2004_50286.htm.
Pew Commission Calls For Reform of Foster Care
The Pew Commission on Children and Foster Care has recently completed
a national examination of policies and practices in the foster care
system. The Commission's goal was to identify problems and recommend
approaches that states could adopt in order to facilitate faster
placement of children from foster care to permanent homes. The Commission
also examined court oversight of child welfare cases. Among the
commission’s recommendations:
- Provide federal financial adoption assistance to all children
adopted from foster care and federal guardianship assistance to
all children who leave foster care to live with a permanent legal
guardian.
- Provide federal funding for foster care for all children who
need protection from abuse and neglect, regardless of income.
Currently, federal assistance is only available to states for
children "whose birth families meet outdated income eligibility
requirements for cash welfare."
- Include children who are members of Indian tribes and children
who live in the U.S. territories in federal financial assistance
when foster care is required due to abuse or neglect.
- Allow states to reinvest unspent foster care funds into other
child welfare services if they safely reduce foster care use.
- Make federal funding under Titles IV-B, IV-E Administration
and Title IV-E Training more flexible, sufficient and reliable
and increase the funding level by $200 million. This would allow
states to reduce caseloads in order to encourage the safe return
home of children to their families, to provide assistance in the
transition to a new family, or to help children avoid entering
foster care in the first place.
- Use court performance measures to ensure accountability in judicial
decision-making. Develop resource, workload and training standards
for dependency courts and encourage courts and judges to specialize
in dependency cases.
- Require collaboration between public agencies and the courts.
- Organize courts to allow children and parents to participate
in a meaningful way in their own court proceedings, and encourage
the legal profession to build the pool of qualified attorneys
who can practice in dependency court.
The Child Welfare League of America and the Children’s Defense
Fund and Children’s Rights support the Commission recommendations.
Voices for America’s Children supports the recommendations
in general, but finds that the proposed level of funding could be
insufficient to meet the needs of children, particularly if the
need for services increases.
The report is available at http://pewfostercare.org/.
Food Stamp Legislation Would Lift Ban on Drug Felons
Welfare reform legislation (PRWORA) passed in 1996 created a lifetime
ban on cash assistance and food stamps (which states were able to
opt out of or modify) for individuals convicted of a state or federal
felony offense involving the use or sale of drugs. Currently thirty-two
states and territories have modified the ban, allowing people convicted
of drug possession to obtain food stamps. Twelve states have fully
opted out of the ban and provide food stamp benefits to those convicted
of more serious crimes such as manufacturing or selling drugs.
The state of Washington has recently passed legislation, SB 6411,
that will lift its ban on food stamp receipt for all convicted drug
felons.
In California, the legislature initially went further than banning
food stamps and TANF benefits, to deny General Assistance to drug
felons as well. But a bill, AB 1796, passed by the Assembly on May
25, would restore food stamp benefits to those convicted of drug
possession (but maintain the ban for people convicted of manufacturing
or selling drugs). Assemblywoman Jackie Goldberg (D-Los Angeles)
called for passage of the bill, stating that, "those of us
who want to help people who are in treatment really ought to be
supporting this." Currently, approximately 1,640 people in
the state are denied food stamp benefits each year due to the ban.
Single Parenthood is No Determinate of Childrenís
Behavior or School Performance
A Cornell University study has found that 12 and 13-year-old children
of single mothers suffered no adverse affects that could be attributed
to single parenthood itself. The study found that the most important
indicators of the educational and behavioral performance of the
children, regardless of race, was the mother’s education and
"ability" level. The length of time the child had been
in a single parent household also had no negative effect. The sample
for the study consisted of 1,500 12 and 13-year-old children from
white, black and Hispanic families in the National Longitudinal
Survey. An original study by the same author in 1999 found similar
results: single parenthood could not be attributed to the school
readiness or social or behavioral problems of 6 and 7-year-olds.
The report, by Cornell University Emeritus Professor Henry Riciuti,
is available from the Journal of Educational Research (Vol.
97, No. 4). It is not available as a free download, however. |
