Posts Tagged ‘child’

Where a Child Is Tested May Affect Autism Diagnosis (HealthDay)

Thursday, November 10th, 2011

MONDAY, Nov. 7 (HealthDay News) — Whether health professionals diagnose a child with autism or with a milder form of the neurodevelopmental disorder such as Asperger syndrome isn’t determined only by the child’s symptoms, but by where the child is assessed, a new study finds.

Researchers found wide variability at autism centers across the nation in the criteria health professionals used to determine whether a child should be diagnosed with “autistic disorder” or instead receive a diagnosis of a subtype of autism, including pervasive developmental disorder-not otherwise specified (PDD-NOS) and Asperger syndrome.

The study authors said the findings support the growing movement among some autism experts to do away with distinctions such as Asperger and instead put everyone who meets certain criteria under the same umbrella, “autism spectrum disorder.”

In the study, researchers collected data on about 2,100 children aged 4 to 18 who met the criteria for an autism spectrum disorder and had been seen at one of 12 university-based autism centers across the United States. The children had all undergone a battery of tests commonly used to measure language, thinking and communications skills, and behavior. A psychologist, psychiatrist or other health professional with autism expertise used the results of the tests and an examination to make the final diagnosis.

At one site, every child was diagnosed with autism; no child was diagnosed with Asperger or PDD-NOS. Conversely, another site labeled about 40 percent of kids as having Asperger and 40 percent with PDD-NOS, leaving only 20 percent with autism.

The reason for the inconsistency was that each site appeared to be using its own cutoffs and criteria for autism versus Asperger and PDD-NOS. For example, at one site, kids with an IQ of over 70 were given an Asperger diagnosis, while at another site, kids had to have an IQ of 115 to be given an Asperger diagnosis, said lead study author Catherine Lord, director of the Institute for Brain Development at Weill Cornell Medical College and New York-Presbyterian Hospital.

For the 61 percent of children with severe language, communications and social deficits, and clearly repetitive behavior — all classic signs of autism — there was good consistency among the various centers in the autism diagnosis, according to the report in the Nov. 7 online issue of the Archives of General Psychiatry.

But for the 39 percent of children with milder problems, there were large inconsistencies in whether the child was labeled with autism, Asperger or PDD-NOS, the investigators found.

“The second most important predictor of which diagnosis the clinician made was where they worked, not any characteristic of the child, which is not good,” said Lord.

Geraldine Dawson, chief science officer for Autism Speaks, agreed that it may be time do away with diagnosing specific autism subtypes and instead use the broader, and more reliable, autism spectrum disorder.

“Given the subtle distinctions among the subtypes of autism spectrum disorder, it is not surprising that clinicians were not consistent in how they applied these diagnoses,” Dawson said. “In the future, it is likely that we will no longer attempt to classify individuals in the autism spectrum into different subtypes.”

Furthermore, whether a child is diagnosed with Asperger or autism doesn’t change the treatment.

There are several possible reasons for the discrepancies among autism centers. Parents may want to hear that their child has Asperger rather than autism, and health professionals may be influenced by that, Lord said.

On the other hand, in some regions, kids can only get certain services if they have autism, so those centers may apply that term more broadly.

Generally speaking, children with significant impairments in language, communications and social skills, who exhibit repetitive behaviors, and who have intellectual disabilities are diagnosed with autism.

Children who have some of the characteristics of autism, such as language delays and social problems, but who have only very subtle or not obvious repetitive behaviors, may be diagnosed with PDD-NOS. And those who have some characteristics of autism but who have good verbal skills, or who are highly intelligent, or who have some less obvious social impairment, are often said to have Asperger, Lord noted.

Within individual centers, health professionals were consistent on the criteria they used to diagnose children. The discrepancies emerged when comparing one center’s diagnostic criteria to another’s, she explained.

“It’s really much more valid to talk about autism spectrum disorder,” Lord said, with the acknowledgment that the people who fall within it can have a very wide range of abilities.

“Using one broad category and then characterizing the specific strengths and challenges of each child may be clinically more useful,” added Dawson. “That said, people who have come to identify with a specific diagnosis, such as Asperger syndrome, may want to continue to use that diagnostic label. We need to be sensitive to the fact that some people with autism spectrum disorder may not embrace these diagnostic changes.”

More information

The U.S. Centers for Disease Control and Prevention has more about autism spectrum disorders.

Source: http://us.rd.yahoo.com/dailynews/rss/parenting/*http%3A//news.yahoo.com/s/hsn/20111108/hl_hsn/whereachildistestedmayaffectautismdiagnosis

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’20 Kids and Counting?’: TV couple expecting 20th

Thursday, November 10th, 2011

FILE – In this Aug. 2, 2007 file photo, Michelle Duggar, left, is surrounded by her children and husband Jim Bob, second from left, after the birth of her 17th child in Rogers, Ark. Arkansas couple Jim Bob and Michelle Duggar announced Tuesday, Nov. 8, 2011 that they are expecting their 20th child in April. (AP Photo/ Beth Hall, File)

FILE – In this Aug. 2, 2007 file photo, Michelle Duggar, left, is surrounded by her children and husband Jim Bob, second from left, after the birth of her 17th child in Rogers, Ark. Arkansas couple Jim Bob and Michelle Duggar announced Tuesday, Nov. 8, 2011 that they are expecting their 20th child in April. (AP Photo/ Beth Hall, File)

(AP) ? TLC reality show “19 Kids and Counting” may soon need a new name. Arkansas couple Jim Bob and Michelle Duggar appeared with their burgeoning clan on NBC’s “Today” show Tuesday and announced they are expecting their 20th child in April (http://bit.ly/tVfmny ).

Forty-five-year-old Michelle Duggar said she’s in good physical shape and that she’s not worried, despite complications during her last pregnancy that led to the premature birth of their youngest child two years ago. She says she’s made it through her first trimester safely.

The couple has said they don’t use birth control. Michelle Duggar says she didn’t necessarily expect to get pregnant again and that she and her husband are excited to welcome the new addition to the family.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/3d281c11a96b4ad082fe88aa0db04305/Article_2011-11-08-US-People-Duggar-Family/id-d4ec6f2659774837a7635a2d9c21cf99

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California Family Law Child Custody Visitation Grandparent Best …

Wednesday, August 24th, 2011

MARILYN PUNSLY et al., Plaintiffs and Respondents, v. MANWAH HO, Defendant and Appellant.
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE

After a divorced father died, the mother, who had assumed primary physical custody of their child after the divorce, continued to facilitate visitation between the child and the paternal grandparents. When a dispute arose over that visitation, the grandparents petitioned for a court-ordered visitation schedule pursuant to Fam. Code, ? 3102.? The trial court awarded visitation to the grandparents according to a prescribed schedule over the mother?s opposition. The Court of Appeal reversed the judgment and remanded to the trial court with directions to enter a new order denying the grandparents? request for a visitation schedule. Initially, the court held that the trial court?s order was appealable by the mother on constitutional grounds even though she had not first raised this issue before the trial court, since the United States Supreme Court had issued a decision declaring application of a nonparental visitation statute from another state unconstitutional, and that Supreme Court decision affected related statutes in other states. The court further held that the trial court?s application of Fam. Code, ? 3102, under the circumstances of this particular case, unduly infringed upon the mother?s fundamental rights as a parent. This mother was a fit parent and was willing to voluntarily schedule visitation with the grandparents, and the trial court erred in applying a presumption that visitation with the grandparents was in the child?s best interests. Under these circumstances, the trial court violated the mother?s due process rights as a fit custodial parent to make decisions regarding her child.

ISSUES:

Whether Section 3102, as applied in this case, unconstitutionally infringed on Defendant?s fundamental rights?

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DISCUSSION:

Section 3102 states: ?(a) If either parent of an unemancipated minor child is deceased, the children, siblings, parents, and grandparents of the deceased parent may be granted reasonable visitation with the child during the child?s minority upon a finding that the visitation would be in the best interest of the minor child. (b) In granting visitation pursuant to this section to a person other than a grandparent of the child, the court shall consider the amount of personal contact between the person and the child before the application for the visitation order. (c) This section does not apply if the child has been adopted by a person other than a stepparent or grandparent of the child. Any visitation rights granted pursuant to this section before the adoption of the child automatically terminate if the child is adopted by a person other than a stepparent or grandparent of the child.?? The beginning premise of any determination regarding the constitutionality of a statute is an assumption of its validity. Courts resolve all doubts in favor of its constitutionality, and uphold it unless it is in clear and unquestionable conflict with the state or federal Constitutions.? A court may apply a facially sufficient statute in an unconstitutional manner. ??The practical effect of holding a statute unconstitutional ?as applied? is to prevent its future application in a similar context, but not to render it utterly inoperative.?? In Troxel?s case, 530 U.S. 57 [120 S. Ct. 2054], the United States Supreme Court, in a plurality opinion, held a Washington statute that authorized nonparental visitation with a child unconstitutional as applied to the circumstances of the case before it.? The circumstances of Troxel bear a resemblance to those before us.? The court then addressed the facts of the case and made three important determinations. First, the court noted the grandparents did not allege, nor did the trial court find, that the mother was an unfit parent. This fact ran contrary to the presumption that fit parents act in the best interests of their children. Second, the trial court in the case gave no special weight to the mother?s determination of her children?s best interests. Rather, the findings of the trial court indicated it effectively placed the burden on the mother to disprove a presumption that visitation with the grandparents was in her children?s best interests. Third, the court emphasized the trial court?s failure to give any weight to the fact the mother voluntarily agreed to allow visitation with her children?s grandparents . The dispute at hand arose because the grandparents wanted more than the mother willingly offered. Based on these factors, the court determined the Washington statute, as applied, was unconstitutional. This case involved nothing more than a simple disagreement between the Washington Superior Court and the mother concerning her children?s best interest.? The Due Process Clause does not permit a State to infringe on the fundamental right of parents to make childrearing decisions simply because a state judge believes a better decision could be made.

JUDGMENT:

The judgment was reversed in its entirety, and the matter was remanded to the trial court with directions to vacate its order granting plaintiffs? request for a visitation schedule, and to enter a new order denying that request. Given plaintiffs? concession on a petition for writ of supersedes, the visitation schedule was stayed. Plaintiffs were ordered to pay defendant?s costs of appeal.

These summaries are provided by the SRIS Law Group.? They represent the firm?s unofficial views of the Justices? opinions.? The original opinions should be consulted for their authoritative content

The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts.? The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law.? The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Prince William County & Fredericksburg, Virginia.? The Maryland offices are in Montgomery County & Baltimore.? The Massachusetts offices are in Boston & Cambridge.? The New York office is in New York City.? The? North Carolina Office is in Charlotte, NC which is in Mecklenburg County.? The California office is in Orange County, CA.

The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the? SRIS Law Group .

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Source: http://www.divorce-attorney-news.com/ohio/divorce-child-custody/california-family-law-child-custody-visitation-grandparent-best-interests-fundamental-rights-unconstitutional-lawyers-attorneys/

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Grandparents blog-Dedicated to Austin and Isabella: Family …

Sunday, July 10th, 2011

FAMILY PRESERVATION ADVOCACY: FAQs: Family Preservation vs. Anti-Adoption

FAQs: Family Preservation vs. Anti-Adoption
Q: What is family preservation?

A: Family Preservation is a recognized part of social service practice, and is defined here by Child Welfare Information Gateway.

My definition is similar, albeit more long term, and closer to that of the National Family Preservation Network: to keep families together and prevent unnecessary out-of-home placement of children.

There is also a Family Preservation Institute at Mexico State University…just to name a few.

The term is recognized in Australia which worked to reverse it’s pro-adoption position to one of family preservation, offering support to single mothers and reducing the need for adoption loss and separation. West Australia went on to apologize for the era in which adoptions were encouraged, as they still are in the US.

In July 2011, Korea, too made shift in their policies towards family preservation as indicated by the change of the name of the standing law from ?The Special Act Relating to the Promotion and Procedure of Adoption? to ?The Special Act Relating to Adoption.? Bill #1812414 marked the end of an era in which adoption was equated with the best interests of a child versus empowering the child?s family of origin.

See: “What is Family Preservation” tab

Q: Is Family Preservation Pro-Life or Pro Right Wing “Family Values”

A. NO, not at all! In the adoption community, Family Preservation clearly and specifically refers to helping families in crisis remain together and avoiding unnecessary permanent solutions for temporary problems.

“Open adoption and open records are important byways. But they are not the most compelling route. Family preservation is.” Dr. Randolph Severson, The Soul of Family Preservation

Q: Is Family Preservation a euphemism for anti-adoption?

A: No. In addition to the sources listed above who use the term, support of family preservation can be traced back to the negative reaction to the ‘orphan train movement.’ The term dates back to the 1890s, and in the 1909 White House Conference on Children it was the top ranked issue. For more, see Wikipdia. Many states offer family preservation programs that can be found by googling the term.

Q: Am I, Mirah Riben, anti-adoption?

A: It is not a term that I am comfortable with as its pejorative use and negativity does not define my positions and is often linked with anger and bitterness rather than best interests of children and families.

I am not comfortable with the term because it seems to denote an absurd extremism that one supports any and every mother keeping a child – no matter how dangerous that might be for the child….a position not held by even the most extreme anti-adoptionists. I am as uncomfortable with that label as any pro-choice person would be opposed to being labeled anti-life or pro-abortion. Things are not as black and white as labels seem to imply. For more, see: Nomenclatures, Euphemism and Anti-Adoption Accusation.

Being against adoptions that begin with the eradication of blood ties and a falsified birth certificate, does NOT equate to preferring to keep kids in harms way or in foster care.

I am opposed to all unnecessary, unwarranted, pressured, lack of independent option counseling and lack of separate legal counsel, coercive adoptions.

I am against all profiteering in adoption.

I am against all falsified, fraudulent, fake birth certificates and lack of equal access or original and true birth certificates for ALL parties named on said birth certificates.

I have seen nothing that indicates that children in need of alternative care – those who are truly orphaned or have no parents or extended family or kin to care safely for them – cannot be provided such care via a form of permanent legal guardianship that does not alter their identity or sever their family ties.

See also: Why Some Say: ADOPTION SUCKS! And Why Some Are Anti-Adoption

Q: Do I believe that every natural mother should keep her baby?

A: I do not believe that any mother should be forced or coerced to parent any more than she should coerced or subtly pressured to not parent her own child. Mothers – after giving birth and seeing and hold their babies – deserve impartial option counseling that honestly tells them all the risks to them and their child of separation and the resources to be able to make an informed CHOICE.

I believe that baring any serious mental illness or sociopathic tendencies, any woman who gives birth to a child would prefer to have the help she needs to maintain that relationship. I believe that mothers deserve all the resources they need to achieve that goal. I believe that if they cannot accomplish their goal, extended family should be sought to help care for the child. I believe that this is in the child’s best interest as well as the mothers, as most adopted people would much prefer to be blood related to the family that raises them and most people would not simply trade off all kin connectedness for better or more material advantages or a mother and father who have the same 50/50 chance of divorcing as all other couples.

Q: Am I a disgruntled, angry, bitter “birthmother”?

A: I am a mother who was lied to when I was told that adoption would be better for my daughter – my daughter who took her own life at 27 as a result of her “better” adoptive family. I am a mother who was told I would forget and get on with my life 42 years ago, who spends every day of my life working to change adoption policies as a direct result of my loss.

Dedicating my life to preventing other mothers suffering the lifelong, irresolvable guilt, grief and shame of unnecessarily losing her child to adoption is as normal and natural as any mother who has suffered the tragic unnecessary loss of a child, such as Candy Lightner who founded MADD or Maureen Kanka who founded Megan’s Law. Are they asked if they are bitter?
My anger is perfectly justifiable and I will never apologize for it.

Q: Are my views radical and far too idealistic?

A: These views and positions are no more radical or idealistic than those of the The United Nations, UNICEF, The UN CRC, the Hague Convention on International Adoption, and Save the Children – all of which call for family preservation first, then kinship care and stranger adoption as a last resort – with international adoption the very last resource after no domestic adoption can be found. They also call for protection of original identity.

See “What is Family Preservation” link

Q: Don’t you think that making adoption ethical would resolve all issues and allow it to proceed safely rather than abolishing it all together?

A: The word ethical is totally subjective. Unless we establish clear – enforceable – ethical guidelines, it means nothing more than “nice.” All of the agencies who placed children that were kidnapped, or who were abuse or killed are considered reputable and ethical agencies and are still in business. Even the most unscrupulous baby brokers – such as Seymour Kurtz – receive a slap on the wrist simply reopen under a different name or in a different state.

What is ethical about domestic adoption agencies taking women out of state, enmeshing them with prospective adopters and making them feel indebted emotionally as well as financially for expenses paid for the room, board and medical costs? What is ethical about predatory practices such as prospective adopters in the delivery room denying the mother any bonding tome at all? What is ethical about providing one attorney to represent both parties – something that would never be done in real estate transaction but is done in very child adoption.

What is ethical about US adoption agencies – allegedly – accepting or adoption placement children who have been trafficked kidnapped, stolen and papers forged?

What is ethical about placing children with pedophiles and others who abuse or kill them, simple because they can afford to pay the brokers’ fees?

What is ethical about exporting US children out of the country while we import kids by the thousands?

What is ethical about falsifying birth records?

There is no way to hold private business to ethical standards that cut into their bottom line in a country that admires, supports and encourages free enterprise and capitalism…and encourages adoption with tax and other benefits yet has NO family preservation programs or budget whatsoever. Who will establish and enforce regulations? The foxes are watching the hen house?

Ethica accepts no financial support from business that profit for adoption. The same is not true, however, of EBDAI which claims to “promote ethical adoption practices” and “better the lives of all those touched by adoption” is funded in part by Spence-Chapin, who established EBDAI, hired a marketing professional as Executive Director, and is also funded by other adoption agencies such as The Cradle and pro-adoption groups such as The Dave Thomas Foundation, according to their 2008 Annual report. The webpage of The Cradle is one big, polished marketing infomercial to recruit expectant mothers. Where are the ethics in this?

Other pro-adoption organizations, such as the NCFA, are more honest and “ethical” about whom they represent, although they lie about “protecting” adoptees and their original families.

Q: Doesn’t guardianship amount to baby sitting or foster parenting?

A: Some may perceive it that way. However permanent legal guardianship (PLG) is the way adoption was always practiced up until the 1930′s when adoptions began to become secretive and records sealed and falsified to protect the baby brokers like Georgia Tann and their paid clientele.

PLG gives caretakers all legal rights for their child’s eduction and medical needs. The need to change a child’s name is not necessary to provide care for a child, and never was prior to 1930′s. Children are often raised by aunts or grandparents – or in step families – or by married parents with different surnames. With such a high rate of divorce today, there is no stigma to it. Physical and legal custody resides with the guardian and cannot be changed except by a judge and under highly unusual circumstances such as the death of the guardian or the abuse or abandonment of the child by the guardian. In that case, PLG would leave the door open for the original parent to step in, if able to – something not possible under current adoption laws that permanently relinquish all rights of the original parent. In PLG they would be forever in the background as a non-custodial parent in a divorce who generally have liberal visitation rights.

Prospective “adopters” who find this not in their liking do not have to, as there are hundreds of parents vying for each child in need.

Alternative child care is about what is about finding homes and families for orphans and children in need of safe care – it is not the last step in reproductive “rights.”

Children need and deserve caretakers who want what is in their best interest not to have them as possessions or replacements or pretense for a biological child.

Source: http://unhappygrammy-grandparentsblog.blogspot.com/2011/07/family-preservation-vs-anti-adoption.html

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