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GAO: New York At Fault
A U.S. General Accounting Office (GAO) study released April 20 has found that a majority of states meet just half or fewer of the 14 measures used by the federal government to determine the well-being of children in the child welfare system. No state passed all of the factors, which assess the safety, well-being and permanency of current and former foster children. New York's child welfare system was found to be adequate when it came to maintaining children safely in their own homes whenever possible and appropriate, but it failed in preserving continuity of family connections, in providing children with appropriate services to meet their educational needs, and in providing permanency and stability in children's living situations. Failure to meet the 14 standards is punishable by federal financial penalties, but these will likely be suspended if plans for progress toward the goals are developed. The penalties for New York's deficiencies were estimated at more than $2 million.
The GAO report, Child and Family Services Reviews: Better Use of Data and Improved Guidance Could Enhance HHS's Oversight of State Performance, also indicated that over half the states responding to the survey cited insufficient funding as a major barrier to improving their child welfare systems. Addressing this issue, Rep. Charles B. Rangel (D-NY), the leading Democrat on Congress' Committee on Ways and Means, stated, “We must do more to ensure that adequate oversight and resources are dedicated to safeguarding these children in crisis. If we can afford a war and huge tax cuts, then we can afford to protect vulnerable children.”
The Department of Health and Human Services implemented the Child and Family Services Reviews (CFSR) in 2001 in response to a Congressional mandate to increase states' accountability in improving the outcomes of children involved in the child welfare system. The CFSRs use state-provided data, along with interviews and an on-site case review, to measure performance on 14 outcome and systemic factors, such as the incidence of abuse to children already known to the child welfare system, the length of stay in foster care, and the level of services provided to meet child health and education needs. The reviews also require states to track their progress in a program improvement plan (PIP) or face financial penalties.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.