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| Guardian Ad Litem |
| What is a guardian ad litem? A minor cannot be a party to a lawsuit without assistance. Therefore, when a minor is a party to a lawsuit, the court appoints a guardian ad litem to represent the minor. More... |
| Adoption Under the Indian Child Welfare Act |
| Whenever a proposed adoption involves a child who is of recognized Native American lineage, both federal and state laws govern the proceeding. The Indian Child Welfare Act of 1978 (ICWA) is applicable to any adoption of a Native American child. The ICWA is not an adoption code, but it contains jurisdictional, procedural, and substantive provisions that pertain to adoptions. Pursuant to the Supremacy Clause of the U.S. Constitution, ICWA provisions supplement or parallel any compatible state adoption laws and preempt any inconsistent or contradictory ones. More... |
| Tax Issues Related to Qualified Domestic Relations Orders |
| Distributions from a retirement or pension plan are normally taxable to the plan participant, as the distributee. However, the Retirement Equity Act of 1984 (REA) created special rules for the tax treatment of distributions governed by the Employee Retirement Income Security Act of 1974 (ERISA) under a qualified domestic relations order (QDRO) to an alternate payee who is the spouse or former spouse of the plan participant, from certain employee benefit plans that are prescribed by federal law. More... |
| Sterilization of an Incompetent Individual |
| Sterilization of an incompetent individual is a hotly contested area of the law. Some states permit sterilization requests and others do not. From a traditional standpoint, the decision of whether to sterilize an incompetent individual is a family decision. More... |
| Child Welfare Agencies' Potential Malpractice Liability for Inadequate or Inappropriate Foster Care Services |
| If a child welfare agency or caseworker determines that a child needs to be moved into protective custody, the agency's duty to that child is not discharged. The agency or caseworker has a continuing duty to ensure that the child is not mistreated in his or her foster care home. More... |
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