Holiday Giving Program reaches goal

Maryland Legal Aid’s  Holiday Giving Program of 2009 was another success, reported Baltimore Child Advocacy Unit chief attorney Joan Little. Each year, the program raises money for clients–abused and neglected children in foster care represented by Legal Aid–and their families. “More than 20 Legal Aid volunteers assisted in sponsoring children, raising funding for the program, shopping for children, wrapping presents, and delivering presents,” Little said. “The program served 70 families and 131 children. It raised over $4,800 and most of that money went to the provision of gift cards for food for each family in need.”

Abused children entitled to adjudicatory hearing, top court rules

The Court of Appeals held yesterday that  child alleged to be a child in need of assistance (CINA) should have been afforded an adjudicatory hearing for the consideration of allegations of neglect in a CINA petition, notwithstanding a request for dismissal by the local department of social services (DSS) that was made with the consent of the child’s parents. The juvenile court erred in ruling that DSS, as the CINA petitioner, had a unilateral right to dismiss its petition, over the child’s objection and hearing request. This ruling was error in light of Maryland Code, the top court held.

The ruling is being hailed as a major victory for abused and neglected children–and for Maryland Legal Aid, which represented the client, Natasha B.

“It stands for the premise the DSS can not unilaterally dismiss a case over the objection of the child,” said Joan Little, chief attorney of Child Advocacy Unit in Baltimore.  “The case clarifies that once a petition is filed with the court, the court then takes on the duty to protect the interests of children which stems from the court’s parens patriae jurisdiction.  Once the court has jurisdiction, it must make findings as to the truth of the allegations in the petition.  If the allegations are true, the court may go on to find the child CINA and issue an order including a designation of placement and any necessary services.  If the allegations are not true, the court may then dismiss the case.”

“The decision in Najasha B. will result in the end of the court’s practice of accepting the DSS’ requests for dismissal and it requires the court to have a full hearing on the merits of every case to determine whether the alleged facts are true,” Little continued. “A judicial determination of the truth of the allegations in a case affords greater protection for our child clients than the dismissal of a case by the department that may be based on a policy that does not support the best interests of the child before the court.

“Even children who do not wish to be in the court system benefit from the court’s resolution of the truth of the allegations, because once adjudicated, those facts can not be re-litigated if the child’s case comes to the attention of the court a second time,” Little added.

The case, In Re: Najasha B., was handled by staff attorney Meredith Esders.

Legal Aid launches Holiday Giving Program

Want to brighten the holidays for an abused or neglected child? Donate to this year’s Holiday Giving Program, sponsored by the Baltimore Child Advocacy Unit. “Our unit represents approximately 5,000 abused and neglected children each year,” said paralegal Sandra Harrison. “We work with children ranging from newborns to 21-year-olds who have been removed from their parents care and placed where they can receive the love and support they need to begin healing.”

Each year, the unit identifies children who are with caregivers where there is no money to celebrate the holidays. Over the past five years the staff has facilitated sponsorship of hundreds of children to provide them with a memorable holiday.

“All children grow excited in anticipation of the holidays,” Sandra said. “We are committed that no child we represent will be left to deal with the hard realization that there will not be anything for them this year.” This year’s goal is to sponsor 145 children in partnership with the Baltimore County office–and the unit needs your support.

Two options are available. The first is a financial donation, which will be used to provide gifts (toys and clothing) for children and food for the whole family. The second is to sponsor a family or individual child. If you’d like to sponsor a child or family, contact Meira Shapiro at (410) 951-7641. To make a financial donation, write a check payable to the Legal Aid Bureau, write Donna’s Place on the memo line and mail it to Legal Aid, 500 E. Lexington St., Baltimore, MD 21202, attention Meira Shapiro. Your generosity will brighten the holidays for many abused and neglected children this year. If you have any questions, contact Meira.