The purpose of a foster parent filing a writ of habeas corpus is to prevent a child from being removed from the foster parent's care - essentially requesting an injunction pending further judicial review of the child's custody.
A recent case limited the foster parent's right to use a writ habeas corpus to 1) only those cases where parental rights have been terminated and 2) where there are no other court proceedings pending involving the child.
The case opinion is here:
K09CP11012765 - Traci H. et al. v. DCF - CT Superior Court
Foster parents do have some rights in court. These include C.G.S.§ 46-129(o) allowing foster parents to be heard concerning the best interest of a foster child and Practice Book § 35a-5 mandating that DCF provide notice to foster parents of any court proceeding. In other very fact specific cases foster parents may also request to be made a party to the case through a Motion to Intervene.
Foster parents also are entitled to an Administrative Hearing when DCF seeks to remove a foster child that has been in the foster parent's care for at least one year.
]]>The general rule is that if you are married for 10 years or longer, the divorced spouse with the lower earnings record can collect Social Security benefits based on the record of the higher earning spouse. Nice huh?
In addition to being married for 10 years, here are the other key points:
1. Your former spouse must be entitled to Social Security benefits;
2. You must be unmarried at the time you collect the benefits;
3. You must be 62 years of age or older; and
4. The benefit you would entitled to based on your own earnings record must be less than the benefit you would receive based on your former spouse's earnings record.
And don't worry - there's no reason to argue about it. You opting in on your spouse's record doesn't reduce his or her benefits. In fact, consideration should be given to this benefit when negotiating the terms of your divorce; especially other retirement benefits.
But do watch out. If you remarry, you cannot collect on your former spouse's record unless your subsequent marriage ends by death, annulment or divorce. See number 2 above. Therefore, it's prudent to examine your financial circumstances carefully if you are considering getting remarried in your late 50's.
The operative date for the 10 years is the date your divorce is finalized - not the date the divorce is filed.
Check out the link below for more detailed information on this topic:
]]>The 2005 change requires medical malpractice patients to obtain a medical expert's opinion in favor of their claim before they are allowed to bring a lawsuit alleging a medical professional's or hospital's negligence. While the requirement doesn't seem difficult on its face, it provides an opportunity for defendants and their attorneys to attack the experts' credentials and, if successful, get the case dismissed.
]]> The law states that the medical experts who submit the opinion letters must have credentials similar to the defendant's; however, some Connecticut judges have held that the credentials must be nearly identical, leading to a number of case dismissals.Unfortunately, a bill to ease the requirements, drafted by both Republican and Democratic lawmakers, was not addressed by the 2011 Senate due to opposition from the medical field.
Should a medical professional's credentials matter enough to dismiss a case that obviously has merit? The Connecticut Supreme Court addressed this issue in January 2011. In that case, a doctor failed to diagnose a New Milford man's fractures after he was injured in a Connecticut car accident. According to the lawsuit, the pain caused by the fractures led to a heart condition that killed the victim. The Supreme Court upheld prior dismissals, stating that the opinion letter came from a trauma surgeon while the defendant in the case was an ER doctor.
Since 2005, medical malpractice cases have dropped nearly 20 percent, which many Connecticut malpractice attorneys attribute to the mandate. There are no statistics telling us how many meritorious medical malpractice claims have been dismissed or have simply not been filed because of this rule, but even one case is far too many.
In other states - Arkansas, Ohio, Oklahoma and Washington - laws requiring opinion letters have been found to be unconstitutional since the letters can be very expensive (in many cases, thousands of dollars). We expect this year's Legislature to reconsider the mandate. Hopefully, injured people and families who have lost loved ones to medical malpractice will no longer also have to suffer at the hands of the legal system.
Source: CBS News, "Conn. Law nixing legitimate malpractice lawsuits," Associated Press, Jan. 8, 2012.
]]>In the 2011 Allstate America's Best Drivers Report, both Hartford and Bridgeport were ranked among America's 193 most dangerous cities for car accidents. Hartford was number 187 and Bridgeport was number 173.
And according to the National Highway Traffic Safety Administration's (NHTSA) 2010 Motor Vehicle Crashes Overview, Connecticut car accident fatalities rose 42 percent between 2009 and 2010 - more than any other state.
]]> These statistics show that Connecticut continues to be a dangerous place to drive even though Connecticut has one of the strictest graduated drivers licensing laws in the country and now bans all handheld cellphone use while driving. More can be done to make the roads safer for all Connecticut drivers, and the change must start with the drivers themselves.Distracted Driving, Drunk Driving, Bad Driving
While using a handheld cellphone when driving is illegal in Connecticut, distracted driving continues to be a serious problem. There are many forms of distraction that we can all avoid, including putting on makeup, eating while driving, reading the newspaper, interacting with other passengers, and even changing radio stations. According to the NHTSA, distracted driving killed 5,500 people in 2009 alone.
Drunk driving also continues to be a problem. Oftentimes, the drunk drivers are first-time offenders - people who believed they were sober or knew they were drunk and figured they could make it home without getting caught. We must continue to hold drunk drivers responsible for the injuries they cause and turn in our keys when we know we have had one too many.
Drunk driving and distracted driving are often in the news; these are things that we know are inherently dangerous. But what about the drivers who are simply bad drivers? Many people don't get the driver's education training they need to drive safely. Some driver's education programs in Connecticut are fraudulent and put unsafe drivers on the road. Others are simply not enough; for example, while novice teen drivers have a strict graduated drivers licensing program to follow, novice adult drivers do not. It is everyone's responsibility to teach each other how to drive and to monitor our own driving.
As Connecticut personal injury attorneys, we see the consequences of poor driving decisions every day. Someone decides to get behind the wheel when he or she is too tired to drive, another person drives home ("just a few miles") drunk, another decides that it is necessary to program something into his or her GPS. Unfortunately, many people don't realize the danger of these poor decisions until it is too late.
We can all help make Connecticut's roads safer by making the right choices now.
Source: The Litchfield County Times, "Unsafe Connecticut Drivers," Bob Green, Jan. 26, 2012.
]]>Connecticut, which has legalized same sex marriage, allows same sex couples to file joint state returns. However, it has been estimated that same sex couples pay approximately $6,000 more per year in federal taxes since they cannot file joint federal returns.
Here is a post detailing a few of the other ways that same sex couples get hit hard at tax time:
All Couples Are Not Created Equal in the Tax Code - DailyFinance
]]>Car manufacturers are installing increasingly sophisticated hardware and computer software in cars. Just like other systems, these electronics can malfunction and potentially cause serious car accidents. If an accident occurs, the NHTSA can investigate to determine what went wrong, whether the issue is widespread and how to prevent similar accidents.
]]> The NTHSA stated that it would continue to improve in order to keep the "driving public safe [and] assess potential safety concerns and help ensure the reliability of electronic control systems." These systems include everything from high-tech music systems to electronic braking systems.The NHTSA requested the Academy's study after the NHTSA investigated Toyota's electronic throttle systems and did not find evidence of defects. NASA conducted its own study of the Toyota cars in question and came to the same conclusion as the NHTSA. Toyota's unintended acceleration problem, which led to the recall of millions of vehicles, has been attributed to accelerator pads and floor mats and not the electronic control systems installed in the cars.
Still, the National Academy of Sciences recommended that the NHTSA:
Source: The New York Times, "Road Safety Agency Is Urged to Add Expertise in Electronics Systems," Bill Vlasic, Jan. 18, 2012
]]>As a general rule, the procedure and the law which is applied in a same sex divorce is similar to a "traditional" Connecticut divorce. The differences that do arise have to do with federal law.
In 1996, the Defense of Marriage Act (DOMA) was enacted. This act specifically defines marriage as a union between a man and a woman. Therefore, federal law does not recognize same sex marriages. As a result, same sex divorces may differ from "traditional divorces" in the following ways:
1. Federal tax consequences. Same sex couples cannot file joint federal tax returns and cannot claim each other as a tax exemption. However, same sex couples are able to file joint Connecticut tax returns.
2. Social Security. A same sex spouse is not entitled to survivor benefits.
3. Retirement Plans. Certain retirement plans, like a federal pension, may not allow a distribution to a same sex spouse.
4. Child custody. If a parent relcoates to a state that does not recognize same sex marriage, custody orders may not be enforced and the collection of child support difficult.
5. Alimony/spousal support. Alimony is taxable to the recipient and a "write off" to the payor. The IRS however has no regulations to address the tax consequences of alimony in the context of a same sex divorce.
Although the laws in Connecticut do not distinguish between a same sex divorce and "tradtional" divorce, it is vital to understand the impact of federal law when negotiating a same sex divorce settlement.
]]>The program is designed to educate parents on the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management for parents, guidelines for visitation, stress reduction in children and cooperative parenting.
The feedback I have received from clients regarding the program has generally been positive. Although parts of the program may seem elementary to some participants there is surely something to be learned by virtually any parent.
A few points:
Parents may attend together but are not required to do so.
Online courses do not fulfill the requirement. Online parenting courses do not provide for interactive participation through questions and answers and role playing scenarios. In addition, since the Parenting Education Program is ordered for the benefit of the children, the convenience of the parents should not be the primary consideration.
The Notice of Automatic Orders requires that parents complete the program within sixty days of the commencement of the case. However, the issue of whether a parent has completed the program does not usually arise until the case is disposed unless the case has had extensive court involvement. Nothwithstanding, I encourage parents to complete the program as soon as possible so they may put into play what they have learned.
Completion of the Parenting Education Program is amongst the "best interest" factors a judge may consider when deciding custody and visitation issues.
Here is a recent online article concerning a local agency and the Parenting Education Program:
]]>According to the East Side Assistant Fire Department, the man was not wearing a seat belt at the time of the accident. The operator passed away from serious torso injuries. This Connecticut construction accident happened at a house owned by the Bridgeport Housing Authority.
]]> In 2010, there were more than 4,500 fatal work injuries in the U.S. Two out of every five fatal construction accidents were motor-vehicle-related, including excavator accidents, forklift accidents, car accidents, truck accidents and tractor overturns. Construction jobs are inherently deadly. However, that does not mean that families cannot recover compensation for their loved one's injuries.After a fatal construction accident, it is important to determine who and what caused the accident. Workers' compensation will cover damages when the accident was caused by the victim's employer or as a result of the employment. However, was a third party liable for the accident? If so, then the victim's family may also be able to bring a third party claim for damages.
For example, in the Bridgeport construction accident, if the excavator malfunctioned, then the family of the deceased operator can bring a claim against the company that manufactured or maintained the excavator. Similarly, if a subcontractor had left the work site in an unsafe condition, causing injury, the subcontractor may be held liable through a third party lawsuit.
Source: Connecticut Post, "Machine Operator Killed on Sunshine Circle," Michael Mayko, Jan. 8, 2012.
]]>A few of on the list such as "Don't say bad things about the other parent", "Don't make me feel bad for loving the other parent", and "Don't make me choose sides", are examples of how even young children detect forms of parental alienation.
Two statements on the list touch on domestic violence: "No fighting in front of us", and "Don't take your anger out on me."
The one I like I best is: "Keep us out of the adult stuff." That statement alone encompasses many of the others on the wish list. Let kids be kids. Allow them to enjoy their childhood and insulate them from the court proceedings and adult nonsense.
Parents and attorneys should keep these principles in mind when crafting Parenting Plans.
Here is the article:
]]>As of January 2012, Connecticut is one of 15 states that require installation of an ignition interlock device (IID) after a first drunk driving conviction. Drunk drivers must pay for the installation of IIDs, which require drivers to breathe into the devices before starting their cars. If any alcohol is detected on their breath, their engine will not start.
]]> Technological improvements on the IIDs mean that drunk drivers cannot have their sober friends breathe into the IIDs for them. Furthermore, technology is in development that could use air samples, skin emissions, eye movements and driver performance as further ways to detect drunk driving. These sensors could be used in every car on the road to prevent drunk driving accidents.According to MADD and the U.S. Centers for Disease Control and Prevention, IIDs help reduce the number of people who reoffend by 67 percent. However, others argue that mandating IIDs through laws can have negative consequences and believe judges should ultimately decide who must install IIDs.
In 2009, at least 99 people were killed in Connecticut drunk driving accidents. This accounted for 44 percent of all fatal car accidents in Connecticut. Since alcohol causes so many accidents, many say that it would be wise for the government to require automakers to install some sort of ignition interlock device in all cars. What do you think?
Source: Msnbc.com, "Curbing drunk drivers: should ignition interlock be required on every car?" Jim Gold, Jan. 6, 2012.
]]>While car accidents were up, arrests were down. According to the Connecticut police, there were 44 drunk driving arrests this year, down from 61 last year, and approximately 1,100 speeding tickets.
]]> The police department has not released how many of the accidents were caused by drunk driving or cell phone use while driving. As discussed in an earlier post, Connecticut police increased DUI enforcement during the entire holiday season through its Operation S.A.N.T.A. (Stop Another Needless Tragic Accident). The decrease in DUI arrests may mean that individuals heeded the police's warning.Injured in a New Year's accident?
Were you injured in a New Year's car accident in Connecticut? Was your accident caused by the careless action of another driver? You may be able to recover compensation for your medical bills, pain and suffering, lost income and other damages through a personal injury lawsuit.
As a Fairfield personal injury lawyer, I have seen it all - from rear-end accidents caused by distracted driving to accidents caused by drunk drivers who made the reckless and dangerous choice to drive home after having "one too many." We can only hope that the 25 percent increase doesn't stick through the rest of the year and that people make the choice to drive safely on Connecticut's roads.
Source: Norwich Bulletin, "New Year's accidents in Connecticut up this year," The Associated Press, Jan. 3, 2012.
]]>Yes. As stated in a prior post, Connecticut is an "all property equitable distribution" state. This means that any property that either spouse owns, regardless of when the property was acquired or how the property was acquired, is considered marital property.
Therefore, property which a spouse brought into the marriage, is subject to distribution as part of a divorce. There are however, instances in which a spouse will be allowed to retain their property, which they owned before the marriage. This is especially true in short-term marriages or second marriages.
But, like any litigation, there are no guarantees. Divorce cases are fact driven. So if minor children are involved a house may be awarded to the custodial parent even if owned by the other parent prior to the marriage. Or, if the cause of the breakdown the marriage is attributed to one spouse, the "at fault" spouse could lose a premarital asset.
Individuals contemplating marriage should therefore consider a Premarital Agreement; particularly if there are significant assets. These Agreements can potentially insulate premarital property from being awarded to a former spouse.
]]>Jaywalkers have been the main culprit in the most recent pedestrian accidents. Five out of eight Stamford pedestrian accidents in December were caused by pedestrians.
According to Patrol Captain, Tom Wuennermann, "We are starting to see a spike in pedestrians who are not following the rules and in some cases . . . are being completely inattentive to their surroundings."
]]> December's pedestrian accidents involved:While the Stamford police department has stepped up enforcement of traffic violations, it is up to every one of us to look out for pedestrians and motorists and obey traffic laws. This means:
Whether we live in Stamford, Fairfield, or another Connecticut city, the best way to prevent most Connecticut pedestrian accidents is for everyone to follow the rules of the road.
Source: Stamford Advocate, "Pedestrian accidents frustrate police," John Nickerson, Dec. 26, 2011.
]]>Mandated reporters in Connecticut also include school coaches. Currently, the mandated reporting requirement does not extend to college or university coaches. However, in light of the Penn State scandal, there is a movement to add these coaches, as well administrators in higher education, to the list of mandated reporters.
A mandated reporter's failure to contact DCF may result in a fine or the individual being ordered to participate in an education and training program focused on child protection.
Some argue that the mandated reporting requirement results in overzealous reporting. On average, only about 50% of the calls to the DCF Hotline lead to an investigation and of those only about 1/2 lead to a full DCF investigation.
Mandated reporting imposes a legal obligation upon a certain class of people to contact DCF. But one need not be a mandated report to alert DCF. Other individuals who legitimately believe that a child is abused or neglected should feel a moral obligation to report.
How about those reports made without any legal justification? For example, a report made to DCF just to harass a family. Well-any person who knowingly makes a false report of child abuse or neglect may be fined up to $2,000 and/or imprisoned for up to a year.
A good summary of DCF Mandated Reporting appears here:
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