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Bill Would Give Indigent Parents Appointed Counsel in Some Family Court Matters
Last month, the state's Senate Judiciary Committee advanced a bill that, if passed, will help indigent parents involved in child removal and placement proceedings. The bill, proposed by Chairman John A DeFrancisco, a Republican from Syracuse, would authorize Family Court judges to assign counsel to indigent parents at post-hearing conferences, if such assistance is requested. “This would ensure that the parent would have access to assistance for the critical agency case conferences that are often pivotal in determining the ultimate permanency planning goal for the child and concomitant rights of the parents,” stated Chief Administrative Judge Jonathan Lippman's request for the bill, S5255.
Judge Lippman's Family Court Advisory and Rules Committee recommended the legislation in part because of the mandate to expedite permanent placements from children under federal Adoption and Safe Families Act (ASFA). In recent years, the legislature has greatly increased the availability of law guardians in many stages of foster care and permanency proceedings, but offers of representation to the parents in post-hearing proceedings have lagged behind. The new ASFA timelines, although not always complied with, have added a new urgency to parents' need to be represented at all stages of permanency determinations because their parental rights can be terminated if family reunification isn't achieved within 15 months. In cases considered “emergency cases,” parental rights can be terminated even sooner.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability
This article explores legal developments over the past year that may impact compliance officer personal liability.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.