Children’s Welfare

Protecting Families From Violence

admin — Tue, 12 Jun 2018 19:18:11 +0000

Protecting Families From Violence admin Tue, 06/12/2018 - 15:18

Legal Services of the Hudson Valley's (LSHV) client Jenni’s* husband was physically abusive to her and had an alcohol and pill problem. Her husband was also an absentee father, and as a result of his drug use, contributed to a significant mental health issue for Jenni’s daughter as he would frequently appear and disappear from her life.

The husband was in Florida in a rehab center, and upon his discharge and return back to New York, LSHV served him with child custody and support petitions. Thereafter, the husband showed up at Jenni’s daughter’s gymnastics tournament impaired, yelling and trying to grab her, which led LSHV to file an Order of Protection in family court on behalf of Jenni.

*(Name changed)

Children’s Welfare Domestic Violence Opioid

Domestic Violence

New York

Helping an Adoptive Family Access Healthcare | Ohio

admin — Thu, 21 Jan 2016 23:04:59 +0000

Helping an Adoptive Family Access Healthcare | Ohio admin Thu, 01/21/2016 - 18:04

Elizabeth* is the Johnson* family’s ninth foster child. In 2011, she was placed with the Johnson family days after her birth because of prenatal exposure to heroin, cigarettes, and alcohol.

Although the Johnsons were thrilled to adopt the energetic child they were concerned about how to pay for Elizabeth’s therapy. The child’s exposure to drugs and alcohol caused speech delays and developmental issues requiring medical therapy that would cost nearly 50% of the family’s income -- without insurance. Elizabeth’s speech therapy alone was $800 a month.

Mrs. Johnson applied for Title IV-E Adoption Assistance, a federal program that supports families who adopt children with special needs. Under Title IV-E, health care assistance stays with the adopted child until the age of 18. As adoptive parents, the Johnsons were covered under their state’s Medicaid. Mrs. Johnson was concerned that day her family might not qualify if they were also receiving Title IV-E Adoption Assistance.

Although the Johnsons met the criteria for the federal program, the Ohio Department of Jobs and Family Services (ODJFS) denied their application. Mrs. Johnson filed an appeal herself, but realized she was in over her head during a meeting with ODJFS officials. “I was getting bullied in that meeting. I knew they would respect an attorney, but we didn’t have money for that,” she said.

That’s when Mrs. Johnson contacted the Legal Aid Society of Cleveland (LAS-Cleveland). LAS-Cleveland argued that the county was not using the prescribed standard to determine the Johnson family’s eligibility, and was applying their own interpretation of the rules. The hearing officer agreed.

With LAS-Cleveland’s support, the Johnson family now receives approximately $500 a month to help with Elizabeth’s health care expenses. LAS-Cleveland was also able to secure uninterrupted medical coverage during the transition, and Elizabeth could continue making progress with her speech therapy.

*Names have been changed.

Children’s Welfare

Ohio

Helping Domestic Violence Survivors Access Legal Protection | Kentucky

admin — Wed, 20 Jan 2016 21:54:45 +0000

Helping Domestic Violence Survivors Access Legal Protection | Kentucky admin Wed, 01/20/2016 - 16:54

One night, Rebecca’s husband became angry with her. He began pushing her, banging her head into walls, and slamming her onto the floor.

Rebecca tried to sneak out of the house after her husband calmed down. He caught her and attacked her again. This time, she was able to get away long enough to call to the police without her husband’s knowledge. When the police arrived, her husband began threatening to kill the client and their baby. He also made threats to the police, charged at them, and had to be tased. He was arrested and charged criminally.

With her husband in jail, Rebecca quickly contacted Legal Aid of the Bluegrass for legal assistance. Attorneys represented her during a domestic abuse hearing, and were able to get the police officer to testify.

On the day of the hearing, after Rebecca’s husband saw that a police officer was there to testify against him, he agreed to a 3-year protective order with no contact with Rebecca or members of her household, including their infant child.

Legal Aid of the Bluegrass attorneys stand ready to assist Rebecca in the future should she have any more trouble arising from this incident.

*Names have been changed.

Children’s Welfare Domestic Violence

Domestic Violence

Kentucky

Mother and Domestic Violence Survivor Flee

admin — Wed, 20 Jan 2016 20:44:11 +0000

Mother and Domestic Violence Survivor Flee admin Wed, 01/20/2016 - 15:44

Maria was referred to the Northwest Colorado Legal Services Project (NCLSP) by the women’s shelter where she was staying with her children. Her husband brought her to America and did not allow her to leave their home during the ten years of their marriage. Maria fled to the shelter and sought a protection order. After being served with the protection order, her husband filed for divorce and sought to move both cases to the county where he lived. NCLSP recruited a volunteer attorney, Erik Halverson, who practiced in the county where the shelter was located. Mr. Halverson successfully petitioned the court to allow both cases to be heard in the jurisdiction where Maria was living in the shelter. With the help of NCLSP Maria was granted divorce, alimony and regular child support payments.

Children’s Welfare Domestic Violence

Domestic Violence

Colorado

Single Mother Provides For Her Family With Help From Legal Aid | Hawaii

admin — Fri, 21 Aug 2015 20:42:05 +0000

Single Mother Provides For Her Family With Help From Legal Aid | Hawaii admin Fri, 08/21/2015 - 16:42

Mary* is a single mother with three children. She uses the Section 8 voucher program for rental assistance because her job doesn’t pay enough to cover rent.

One day Mary received a notice that she had lost her Section 8 voucher. Having never received a re-certification notice in the mail, she was unaware that she was ever in danger of losing rental assistance.

Mary immediately contacted the Section 8 office, but was told that it was too late for her to do anything to keep the voucher. She turned to the Legal Aid Society of Hawaii for help.

Mary’s lawyer was able to get her voucher restored after proving that Mary had never received the re-certification paperwork.

In describing her ordeal, Mary said, “I felt like I couldn't breathe. All I kept thinking about was my three children, who I have worked very hard to provide for, and [my] house. Even with all these worries going through my head, I knew that I had to keep seeking help. I called Legal Aid immediately and spoke to someone about my situation . . . I felt like I had hope. After all was said and done, Legal Aid came through for me and got my voucher back so me and my children can have a stable home. I am grateful and can't thank Legal Aid [enough] for all of their help! Due to Legal Aid's help I was able to focus on my children, my work, and I was able to sleep at night."

*Names have been changed

Children’s Welfare

Hawaii

Mother of Disabled Child Fights Wrongful Employment Termination

admin — Mon, 17 Aug 2015 15:36:22 +0000

Mother of Disabled Child Fights Wrongful Employment Termination admin Mon, 08/17/2015 - 11:36

Ms. Hayes* is the single mother of a two-year-old with Marshall Smith Syndrome, a debilitating illness characterized by unusual accelerated skeletal maturation (usually starting before birth) and symptoms include growth problems, respiratory difficulties, and slow mental/motor development.

As a result of her son’s illness and constant medical needs, Ms. Hayes requested protection under the Family and Medical Leave Act (FMLA) to take her son to his monthly doctor visits. One day, after returning to work from a monthly doctor’s visit, Ms. Hayes' employment was terminated for failure to show up for work.

Ms. Hayes informed her employer that she had requested FMLA leave months in advance. But it was no use - the company refused to change its position.

After being fired, Ms. Hayes searched for help. She was referred to the Legal Aid of Arkansas Medical-Legal Partnership at Arkansas Children’s Hospital.

A Legal Aid of Arkansas staff attorney helped Ms. Hayes file a complaint with the Equal Employment Opportunity Commission. Through the mediation process, Ms. Hayes received a settlement of $10,000.00 and Legal Aid of Arkansas was awarded attorney’s fees in the amount of $3,000.00.

*Names have been changed

Children’s Welfare

Arkansas

Helping A Domestic Violence Survivor Protect Her Family

admin — Fri, 14 Aug 2015 17:38:28 +0000

Helping A Domestic Violence Survivor Protect Her Family admin Fri, 08/14/2015 - 13:38

Mai* is a young Hmong-American mother who speaks limited English. She decided to leave Wisconsin with her child to escape an abusive marriage, fleeing to Minneapolis, MN.

In Minneapolis, Mai obtained a restraining order against her husband and was granted temporary sole legal custody of their child. However, the custody order was not enforceable because Wisconsin maintained jurisdiction over the case. Central Minnesota Legal Services referred Mai to Legal Action of Wisconsin (Legal Action).

A Legal Action pro bono attorney represented Mai in the highly contested divorce and custody case. Since Mai primarily spoke Hmong, an interpreter was used throughout the case.

In an effort to assert on-going control over Mai, her husband demanded significant time with their child, which involved expensive travel that Mai could not afford. Mai’s pro bono attorney argued that the best interest of the child included consistent access to a Head Start program and limited visitation with the father.

With the help of her pro bono attorney, Mai was finally granted primary custody and was awarded $943 in monthly support. The volunteer attorney invested 320 pro bono hours on the case. With the help of Legal Action, Mai broke the cycle of violence and obtained protection for herself and her child.

*Names have been changed.

Children’s Welfare Domestic Violence

Domestic Violence

Wisconsin

Helping Young Adults Aging Out of Foster Care Build a New Life

admin — Fri, 14 Aug 2015 16:09:42 +0000

Helping Young Adults Aging Out of Foster Care Build a New Life admin Fri, 08/14/2015 - 12:09

He spent the first three years of his life in a foster home before he was adopted. However, David was physically abused by his adoptive parents for the next 13 years.

When David was 16, his high school teacher noticed the bruises on his body. He was returned to the foster care system, and finished his last two years of high school living in a group home.

When he was 18, David was told that he had aged out of the foster care system. With nowhere to turn, he became homeless and did what he had to do to survive a life on the streets. "I saw things that no one, especially not an 18-year-old kid, should see," David said.

After a few intense months on the streets, David knew it was time to seek help to get his life on track. He began regular therapy sessions with Youth Homes in Contra Costa County to help him to deal with a life of abuse and trauma, and he was referred to Bay Area Legal Aid’s weekly clinic at the Calli House youth shelter.

A Bay Area Legal Aid (BayLegal) attorney explained to David that he was eligible for benefits under California's Extended Foster Care law, AB12.

BayLegal helped David to re-enter the foster care system and access the benefits he was entitled to, including housing, income support, and access to other programs that to establish and maintain stability.

David is now works a part-time job and hopes to enroll in community college classes. He is in the final stages of working with his BayLegal attorney to get access to health coverage and secure his independent living placement.

*Names have been changed

Children’s Welfare

California

Helping a Father Reunite with His Children

admin — Wed, 12 Aug 2015 19:19:18 +0000

Helping a Father Reunite with His Children admin Wed, 08/12/2015 - 15:19

Mr. Harrison,* a Gulf War Veteran, had not seen his children in two years and was feeling very depressed and helpless about the situation.

Following an acrimonious divorce in which Mr. Harrison was not represented by an attorney, he had not been allowed visitation rights with his son and daughter despite the lack of any allegations of abuse. Mr. Harrison contacted Statewide Legal Services of Connecticut seeking assistance to gain visitation rights with his children. A pro bono attorney was able to modify the original custody and visitation provisions, and made sure the new terms were feasible and enforceable.

Mr. Harrison was soon reunited with his children, who were excited to know he hadn't abandoned them. He now has weekly outings and overnight visits with his children. His mental outlook on life in general has greatly improved.

*Names have been changed

Children’s Welfare Veterans

Veterans

Connecticut

Legal Aid Protects Orphaned Teen from Eviction | New Jersey

admin — Tue, 11 Aug 2015 21:00:44 +0000

Legal Aid Protects Orphaned Teen from Eviction | New Jersey admin Tue, 08/11/2015 - 17:00

Linda’s* 16-year-old nephew, Joseph* had lived with his grandmother in Section 8 housing since he was three years old. When his grandmother passed away, her Section 8 voucher became invalid.

Joseph was suddenly facing eviction from the only home he ever knew. Seeking help, his Aunt Linda contacted Northeast New Jersey Legal Services (NNJLS).

NNJLS attorneys agreed to represent Linda and Joseph to maintain the housing voucher and keep Joseph’s housing situation stable. NNJLS housing and family unit attorneys worked together on the issue of transferring the Section 8 voucher to Linda, as well as researching the advisability of emancipating Joseph so he could take over the voucher.

NNJLS negotiations with housing authorities and the Bureau of Social Services succeeded in transferring the Section 8 voucher to Linda, enabling her to move into the apartment and care for her nephew. Joseph was able to remain in his childhood home and continue his education at his local high school, and did not have to be emancipated

*Names have been changed

Children’s Welfare Housing

New Jersey

Children’s Welfare

Protecting Families From Violence

Helping an Adoptive Family Access Healthcare | Ohio

Helping Domestic Violence Survivors Access Legal Protection | Kentucky

Rebecca*, a young mother, was trapped in an abusive marriage.

Mother and Domestic Violence Survivor Flee

Single Mother Provides For Her Family With Help From Legal Aid | Hawaii

Mother of Disabled Child Fights Wrongful Employment Termination

Helping A Domestic Violence Survivor Protect Her Family

Helping Young Adults Aging Out of Foster Care Build a New Life

David* entered the foster care system at birth, 19 years ago.

Helping a Father Reunite with His Children

Legal Aid Protects Orphaned Teen from Eviction | New Jersey