Articles Posted in Negligence

In a new article entitled “Multiple Foster Care Placements Should be Considered a Mitigating Factor in Criminal Proceedings”  Daniel Pollack, a professor at Yeshiva University’s School of Social in New York City, and a frequent expert witness in child welfare cases, Khaya Eisenberg, Psy.D., a clinical psychologist in private practice in Jerusalem, Israel and Amanda Dolce,  an attorney in Florida practicing child welfare law write :”It is widely believed that attachment to a primary caregiver is an inherent need and a prerequisite for healthy psychological development. For foster children, this attachment may be challenged  Many foster care adolescents perceive their biological and foster parents to be less invested in them, which can lead to weaker social bonds and increased vulnerability to delinquency. Difficulties with attachment have been associated with lack of impulse control or empathy and criminality. Some suggest that the lack of opportunity to experience parents as benevolent, result in children feeling devalued and perhaps reacting defensively by devaluing others through aggressive or defiant behavior. ”

The complete article can be downloaded here

In a recent article  Daniel Pollack, a  professor at Yeshiva University’s School of Social Work in New York City and a frequent expert witness in child welfare lawsuits  and Cameron R. Getto a shareholder with Zausmer, August & Caldwell, P.C. in Farmington Hills, MI who focuses his practice on representing

nonprofits, health care professionals and human services organizations provides an in-depth analysis of the actual presentation and use of  state child welfare report cards.

While report cards are often useful in providing a good overview of child welfare agencies’ strengths and weaknesses, their condensed content can sometimes be misinterpreted or used unfairly. For example comparisons between States are often misleading because each State has a different methodology to produce its report card.  Politicians and media are big users of report cards. They mostly use the rankings and the grades to support their message. Report cards have also been used very effectively in litigation and the data underlying the report cards have affected court decisions throughout the United States far more than the report cards themselves.

In a recent article, Daniel Pollack, a professor at the School of Social Work, Yeshiva University, in New York City & Cameron R. Ghetto, Esq. discuss the dilemma of whether a department of human services employee who is sued is entitled to their own attorney. They point out that of critical importance is the type of claim asserted. Is it predicated upon negligence? Is it an intentional tort? They point out that  given the unique nature of each lawsuit and the laws that apply, no one prescription applies to all situations. The following topics are covered; When Employees Should Request their Own Attorney? Financial Considerations; When the Government is Likely to Provide Counsel for an Individual Employee; Conflict Waivers; Ethical and Substantive Legal Considerations. They conclude that “An attorney may represent multiple clients if their interests are not directly adverse to each other. However, the attorney must explain any circumstances that might cause a client to question the attorney’s undivided allegiance. Similarly, if there are questions of conflict of interest the attorney seeking to undertake the representation must satisfactorily resolve them. During litigation, many states allow the court to raise the question if it believes the attorney has failed to do so.” Read Complete Article. Deciding when to assign separate counsel to public service agency co-defendants.