In a recently published law review article, Professor Daniel Pollack explains the need for more clear standards regarding risk assessment and careful screening of prospective adoptive, foster and kinship placements for children to avoid some of the tragedies that have occurred.
Professor Pollack states:
"The lack of a clear legal “standard of care” for the evaluation and screening of prospective adoptive, foster, and kinship applicants directly undermines the child placement process, the physical and emotional development of children placed in adoptive and foster homes, and the adjudication of legal issues arising when children are harmed. Often, it is only when a lawsuit is filed that society is forced to take a hard look at its legal expectations, and it is then compelled to acknowledge that there may be a very real distinction between child welfare’s “best practice” standard and the legal standard of care.
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