Perspectives: Why Can’t I Just Be NORMAL?

Perspectives: Why Can’t I Just Be NORMAL?: I often talk about being proud to be different. I say that my difference is the very thing that makes me unique and the person who I am, and...

Think Before Divorce

Here are some recent statistics from a seminar which I attended that paint a disturbing picture of the divorce process and should give any lawyer pause before filing their next divorce case:

Children of Divorce are:

-twice as likely to drop out of school as those from intact homes

-three time as apt to have a baby out of wedlock

-five times more likely to be in poverty

-twelve times more likely to be incarcerated

(McManus: Ethics & Religion Sept. 12, 204 Column #1,203)

I understand that there is a distinct difference between causation and correlation, but the societal costs of divorce are tremendous. Ironically, I happened to be reading an article in the most recent edition of the Family Law Quarterly which supports the same premise. Another Inconvenient Truth by Patrick Parkinson reiterates the same point on a global scale. I’m not saying that we should stop being family lawyers, I’m just saying that we need to be aware of our client’s issues. They may have a lot more going on at home than just their divorce action. As a real world example, all one needs to do is volunteer at Attorney-for-the-Day in Probate Court. These statistics are a sobering reminder of the struggles that our potential clients may face. I just recently came across a website to help with post-divorce issues which I recommend to anyone dealing with post-divorce issues so that we can put a dent in some of these sobering statistics: http://www.freshstartafterdivorce.com/blog/.

What a 209A Means for the Kids

209A Abuse Prevention orders are valuable tools to protect families from domestic violence. A judge can issue a 209A that requires an abuser to stay away from his or her partner, or extend the order to include any children in the household. Because of the power of a 209A (they often are in effect for a full year), a judge must carefully weigh the facts of the case when deciding the provisions of the order. 

The 1995 case Jodi Smith v. Robert Joyce out of the Supreme Judicial Court of Massachusetts found that while the plaintiff, Ms. Smith, had demonstrated that she was "in fear of imminent serious physical harm”, thus meeting the statutory requirement for a 209A protective order, there was no evidence of abuse or harm between the defendant, Mr. Joyce, and his sons. Originally, the 209A in this case only allowed Mr. Joyce bi-weekly phone calls with his children. However on appeal, the judge ruled that, “If there is to be a G.L. c. 209A order that a defendant stay away from and have no contact with his or her minor children, there must be independent support for the order.” Because the only evidence of abuse was between the plaintiff and the defendant, the court struck the provision from the 209A order that directed him to stay away from his sons. 

Welcoming the Troops Home for the Holidays

With the War in Iraq officially over, scores of U.S. military members will be returning to the United States just in time for the holidays. While we are so happy to welcome our troops home, we must also recognize the host of issues facing our service members. The Department of Defense runs a website called MilitaryOneSource.mil which serves as a launch point for all kinds of services available to U.S. military members and their families. The website provides information and services on a wide range of issues facing service members and their families including: money management, relocation, parenting and child care as well as relationships, stress and grief, to name a few. Understanding that many of these issues are full time concerns, Military One Source operates 24 support by both phone and e-mail.

From poking around the website, one of the services I found was military subscriptions to the popular website SitterCity. SitterCity helps parents find well-qualified child care providers and babysitters in their areas. While typical memberships to parents run up to $140/year, the military offers free memberships to servicemen and women through a link on the Military One Source website.

Above all, Military One Source creates a community where members of the armed forces can find the support and help they need as they share the challenges and rewards of life in the military.

Penn State [Media] Monster

(Guest post written by Juliette Quinn, law clerk for Attorney Brian McLaughlin)

On November 5, 2011 former Penn State assistant coach Gerald A. Sandusky was arrested following a Grand Jury indictment identifying eight victims of sexual abuse.

The news is all over the sports stratosphere—turn on ESPN and you are bound to see up to the minute updates on Penn State, Joe Paterno, or Sandusky streaming along the bottom of your screen.  As analytical consumers of the media monster, we must not allow the constant attention given to the football side of the story overshadow the impact of child sexual abuse on its victims.

Every year, there are more than 80,000 reports of child sexual abuse.[1]  In a kindergarten class, four of every twenty students are likely to be sexually abused before they graduate from high school.[2]  The actual number of instances may be even greater, given children are often afraid to report the abuse and the legal procedures confirming the occurrence of an event may be difficult to overcome.

Statistics aside, the psychological effects of sexual abuse of any one child last for a lifetime.   Victims of child sexual abuse often are caught between feelings affection and loyalty for their adult abuser who gives them attention and shame stemming from the sexual activities.  Child victims may experience “fear, anxiety, depression, anger and hostility, aggression, and sexually inappropriate behavior”.[3]  As adults, victims of sexual abuse may experience reactions relating to their ability to set boundaries, anger, flashbacks, grief, guilt, trust issues, coping skills, self-esteem, and sexuality.[4]

Here are some more articles taking a child-centric view of the Penn State scandal:

• http://espn.go.com/espn/story/_/id/7208581/rick-reilly-penn-state-scandal - Voted National Sportswriter of the Year 11 times, Rick Rielly reminds us to remember the children
• http://www.thedailybeast.com/articles/2011/11/11/joe-paterno-should-rot-in-jail.html -  an adult victim of sexual abuse speaks out about his experience and his emotions toward Paterno

If you suspect a child is being sexually abused, please take action. The following link provides information on how best to confront the situation: http://www.stopitnow.org/ohc/41.

Bringing Third Parties to Initial Consultations

I saw this great blog post on Divorce Discourse and wanted to share it:
http://divorcediscourse.com/2011/10/27/mom-consultation/

I happen to agree with most of the article, especially the premise that a third person in the room can be helpful. I find that particularly when a client is very young, having a third party is helpful for remembering dates and the nuances of the process, I just make very clear that the third party is not my client and during particular phases of the interview, I will ask them to leave the room. I also promise the third person that I will keep them updated with the progress of the case but not as to the substance of the conversations between myself and the client.

More challenging I find is the situation when someone brings in their children for an initial consultation. It is often suggested by other attorneys not to allow children in meetings, although I find it difficult to enforce such a policy since getting a babysitter can be so difficult for so many clients. Often times the child’s presence can be distracting and you are unable to ask the difficult questions. So if at all possible, I advise clients to leave their child at home or we will re-visit the difficult questions at a later point in time.

The moral of the story is, you can bring a friend, but leave your child at home.

New Law Mandates Increased Access to Services for those with Autism

Massachusetts became the 23^rd state to pass legislation expanding health insurance coverage to children and adults with an Autism Spectrum Disorder (ASD). The law which was approved by the Governor on August 3, 2010, went into effect on January 1, 2011. With students returning to schools across the Commonwealth, it is important to explain what is and is not covered by the new law, and what schools’ obligations continue to be under the Individuals with Disabilities Education Act (IDEA).

ARICA (An Act Relative to Insurance Coverage for Autism) mandates specific private health insurance providers to cover an expanded range of services for those on the Autism Spectrum. In particular, the law requires these insurance companies to cover “medically necessary” care including: habilitative or rehabilitative care, pharmacy care, psychiatric care, psychological care and therapeutic care.  

ARICA is only applicable in Massachusetts, so it only affects Massachusetts residents who have ASD and are enrolled in private health insurance plans. It applies to most private health insurance policies but does not apply to policyholders with MassHealth /CommonHealth. You should check with your individual insurance provider to verify the effect of the new law on coverage.

While this law is a huge victory for families who have loved ones with Autism, it does not diminish a school’s need to provide a free and appropriate public education. For example if a student now receives occupational therapy outside of school due to the reduced cost, but the IEP states that the student should receive occupational therapy during the school day to meet the student’s needs, the school cannot eliminate the therapy during school hours just because the student is now receiving therapy outside of school. The school must take into account what the student’s needs are in order to succeed in school and receive a free appropriate public education. The new law does not mandate reimbursement to schools and school districts for providing these services.

Hopefully the new law will lead to students receiving increased services outside of school allowing them to be more successful as they progress through their educations.