Posts tagged as:

child protection

Maryland roundup

by Walter Olson on March 20, 2013

Legislature won’t pass dram shop liability, lawyers ask Maryland high court to do so instead [Frederick News-Post]
In St. Mary’s County, new visitor rules for elementary schools ban hugging or giving homemade food to any but own kid [Southern Maryland News]
Progress: Maryland Senate votes to decriminalize small amounts of marijuana [NBC Washington]
If it’ll take $1 million for Somerset County (pop. 26,000) to cut stormwater nitrogen runoff by 145 pounds, how’s it going to manage to cut 37,000 pounds? [AP]
“Fracking Moratorium Falls One Vote Short of Passing Key Senate Committee” [Chestertown Spy] “Bill was more about preventing fracking than studying it.” [@ToddEberly]
Department of Truly Dreadful Ideas: Del. Ana Sol Gutierrez (D-Montgomery) continues to push bill to establish state-owned bank [Baltimore Business Journal]
Website attacking Montgomery County’s Valerie Ervin has some union fingerprints [WaPo] Sen. Brinkley blasts union bill to make all Md. teachers pay agency fees [Maryland Reporter]
Video interview with Hudson attorney George Ritchie on Waterkeeper v. Hudson Farm case [Center Maryland, earlier]
Added: “Md. Senate votes to outlaw smoking in cars with young children as passengers” [WaPo just now]

Tagged as: banks, child protection, dramshop statutes, environment, labor unions, Maryland, smoking bans

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Police and prosecution roundup

by Walter Olson on March 5, 2013

“Once your life is inside a federal investigation, there is no space outside of it.” [Quinn Norton, The Atlantic]
“Cops Detain 6-year-old for Walking Around Neighborhood (And It Gets Worse)” [Free-Range Kids] “Stop Criminalizing Parents who Let Their Kids Wait in the Car” [same]
Time to rethink the continued erosion of statutes of limitations [Joel Cohen, Law.com; our post the other day on Gabelli v. SEC]
“Are big-bank prosecutions following in the troubled footsteps of FCPA enforcement?” [Isaac Gorodetski, PoL]
The “‘professional’ press approach to the criminal justice system serves police and prosecutors very well. They favor reporters who hew to it.” [Ken at Popehat]
Scott Greenfield dissents from some common prescriptions on overcriminalization [Simple Justice]
Anti-catnip educational video might be a parody [YouTube via Radley Balko]
“Too Many Restrictions on Sex Offenders, or Too Few?” [NYT "Room for Debate"]
Kyle Graham on overcharging [Non Curat Lex] “The Policeman’s Legal Digest / A Walk Through the Penal Laws of New York (1934)” [Graham, ConcurOp]
“D.C. Council Proposes Pretty Decent Asset Forfeiture Reform” [John Ross, Reason] And the Institute for Justice reports on forfeiture controversies in Minnesota and Georgia.
Does prison privatization entrench a pro-incarceration lobby? [Sasha Volokh, more]

Tagged as: banks, child protection, crime and punishment, forfeiture, Georgia, illegal drugs, Minnesota, police, prisoners, statutes of limitations, Washington D.C.

Further light on bicycle-helmet laws

by Walter Olson on March 2, 2013

Following up on our earlier posts, a new NBER study finds (via Reason) that the main safety-related effect of helmet laws may be to discourage kids from riding bikes in the first place: “the observed reduction in bicycle-related head injuries may be due to reductions in bicycle riding induced by the laws.”

Tagged as: child protection, roads and streets

“Smothered by safety”

by Walter Olson on March 1, 2013

Lenore Skenazy of Free-Range Kids is the guest essayist at Cato Unbound. Excerpt:

..any time a politician, principal, or bureaucrat wants to score points, he or she lets us know that kids are even more precious—and endangered—than we thought….

How far has society gone in dreaming up new dangers to protect our children from? Until you take a step back and look at all the new laws and regulations, you probably have no idea….

Over the summer, according to the Manchester, Connnecticut Patch, a local mom was charged with “risk of injury to a minor and failure to appear after police say she allowed her seven-year and 11-year old children to walk down to Spruce Street to buy pizza unsupervised.” This was a walk of half a mile….

…in the “real world,” stranger abductions are so rare that if for some reason you actually WANTED your child to be kidnapped by a stranger, do you know how long you’d have to keep your child outside, unattended, so that statistically the abduction would be likely to happen?

The answer is about 750,000 years, according to author Warwick Cairns. And after the first 100,000 years or so, your kid isn’t even cute anymore. …

At the same time, there is a parallel process going on the regulatory world, with bureaucrats looking ever more intently for ever less likely dangers, on the grounds that kids can never be safe enough. This explains things like the Consumer Product Safety Commission’s recall of a line of children’s jackets last year because the elastic waistbands had toggles on it “that could become snagged or caught in small spaces or doorways, which poses an entrapment hazard to children.”

Yes, it’s true: Those toggles could snag. Does that make them inherently more dangerous than, say, pigtails that could get caught in a door, or a charm bracelet that could get snagged on an electric window? I’m just free-associating products and problems here, because that’s what it feels like the CPSC does, too.

In the discussion, Skenazy is joined by Anthony Green, James A. Swartz and Joel Best.

Tagged as: child protection, Child Protective Services, CPSC, safety

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Welcome parents to our third grade Thanksgiving celebration

by Walter Olson on November 3, 2012

Just as soon as your criminal background check is complete [Free-Range Kids, Massachusetts]

More: “You Can Volunteer at School for HALF AN HOUR without Being Fingerprinted. But After That…” [Arizona] And: “‘Is That Police Chopper Following ME?’ Wonders a Dad” [Texas]

Tagged as: child protection, schools

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Ontario: dad arrested after 4 year old draws picture of gun

by Walter Olson on February 25, 2012

The trouble began at school in Kitchener, Ontario, when a 4-year-old girl drew a picture of her father, Jessie Sansone, with a gun in his hand. When asked about the gun in the picture, according to police, the girl said her siblings played with it and that it scared her. “The school principal, police and child welfare officials… said they had to investigate to determine whether there was a gun in Sansone’s house that children had access to.” And apparently that “investigation” had to involve detaining and strip-searching Sansone when he showed up at school to pick up his daughter, searching his home, and spiriting away his other children to Family and Children’s Services to be interviewed. Sansone was told he was being charged with possession of a firearm — from the article’s context, an offense in itself in that Second-Amendment-less locality. When police searched the Sansone home, they found “a clear plastic toy gun that shoots soft plastic biodegradable BBs and retails for around $20 at Walmart” and he was released without charges. [The Record; Joe O'Connor, National Post]

Tagged as: Canada, child protection, guns

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In the mail: “Bad Dad”

by Walter Olson on February 17, 2012

We blogged about this case in 2008, and now Fort Worth Star-Telegram columnist Dave Lieber has turned it into a book. From the description:

A newspaper columnist investigates the shenanigans of a small-town police department — then pays a price for it. After he orders his misbehaving 11-year-old son to walk home from a local restaurant, police arrest the dad for two felony counts. A true-story thriller about parental responsibility, small-town corruption and the consequences of being a public figure.

And: should an Arkansas mother whose son had been thrown off the regular school bus for misbehavior face child endangerment charges for making him walk 4.5 miles to school instead? [Alkon] From Australia, should police warn parents for letting a 7-year-old visit a local shop alone, and a 10-year-old ride a bus unaccompanied? [Sydney Morning Herald via Skenazy]

Tagged as: Arkansas, Australia, child protection, Dallas

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EU directive on kids, balloons and other toys

by Walter Olson on October 12, 2011

“Whistle blowers, that scroll out into a long coloured paper tongue when sounded – a party favourite at family Christmas meals – are now classed as unsafe for all children under 14. … the EU legislation will impose restrictions on how noisy toys, including rattles or musical instruments, are allowed to be.” Unsupervised children under 8 should not be allowed to blow up balloons, according to the European Union directive, which has just taken effect. [Telegraph; headline changed after objection that the Telegraph's headline was misleading]

In related news, New York City Mayor Michael Bloomberg, addressing a United Nations conference on “the prevention and control of non-communicable diseases,” has said that “mak[ing] healthy solutions the default social option” on matters such as diet is “ultimately government’s highest duty.” [Sullum]

Tagged as: child protection, Europe, Michael Bloomberg, nanny state, United Nations

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Child welfare/protection roundup

by Walter Olson on October 5, 2011

Oh, American Academy of Pediatrics, why are you so consistently wrong? On videogames, on food-ad bans, on guns, CPSIA…
New book by Annette Fuentes, Lockdown High: When the Schoolhouse Becomes a Jailhouse [John Harris, Guardian]
There are genuine problems with some countries’ international adoption practices, but should UNICEF really be pushing toward a “leave the kids in orphanages” alternative? [Nick Gillespie on Reason documentary to be released tomorrow]
At expense of both federalism and religious accommodation, bill entitled “Every Child Deserves a Family Act” (ECDFA) would impose anti-bias rules on state adoption and foster care programs [Washington Blade]
Cash-for-kids Pennsylvania judge: “Former Luzerne judge Conahan sentenced to 17.5 years” [Times-Tribune, our earlier coverage]
“Met a guy who works at my old summer camp. Bunks still do raids on other bunks, but their counselors have to file raid forms first. How sad.” [@adamlisberg]
Sex offender registry horror story #14,283 [Skenazy]
“Safety rules rob pupils of hands-on science, say MPs” [Independent, U.K.]
Gee, who could’ve predicted that? NJ’s aggressive “anti-bullying” law leads to new problems [NYT, Greenfield, PoL, NJLRA] Rapid growth in bullying law assisted by push from Obama administration [WSJ Law Blog, Kenneth Marcus/Federalist Society, Bader]

Tagged as: bullying, child protection, CPSIA, family law, guns, Luzerne County judicial scandal, recreation, science and scientists, United Nations, zero tolerance

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September 21 roundup

by Walter Olson on September 21, 2011

Free-Range Kids highlight roundup: Tenn. mom faces child neglect charges if she lets her 5th grader ride bike to school (more); “An Alert for an 11-y.o. Missing for 2 Hours?“; “As recently as 1979, a first-grader could…”
Political crusades against chain stores are nothing new [Perry]
“Are You a Surgeon? Sorry, You’re Going to Face a Malpractice Claim By Age 65″ [WSJ Health Blog] Was patient an “obvious” stroke victim? [Duluth N-T via WhiteCoat] Malpractice risks with special needs patients [KevinMD]
Ethics trial begins for former Maricopa County attorney and Overlawyered favorite Andrew Thomas [ABA Journal]
Has defense lawyer in Connecticut home invasion case gone too far? [NYT]
“Reason.tv: Regulation and the Entrepreneur”
“A Decade After 9/11, Police Departments Are Increasingly Militarized” [Balko, Hinkle, more]

Tagged as: child protection, Connecticut, defense lawyers, disabled rights, medical malpractice, Phoenix, police

September 2 roundup

by Walter Olson on September 2, 2011

Jury acquits ex-firefighter who claimed disability while competing as a bodybuilder [Boston Herald]
Authorities snatch kids from homes after parents busted with small amounts of pot [NYT, Tim Lynch/Cato]
“Case Study on Impact of Tort Reform in Mississippi” [Mark Behrens via Scheuerman/TortsProf]
When opt-in works: “More than 27,000 S. Korean users join class-action suit against Apple” [Yonhap]
Casino liable after customers leave kids unattended in cars? [Max Kennerly]
All is forgiven, says frequent investment plaintiff: “State Street Rehired by Calpers After Being Likened to ‘Thugs’” [Business Week]
Vintage comic book covers on law themes are a regular Friday feature at Abnormal Use.

Tagged as: child protection, class actions, gambling, illegal drugs, legal blogs, Mississippi, South Korea

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August 29 roundup

by Walter Olson on August 29, 2011

Even before federal raid on Gibson, Lacey Act scared owners of vintage instruments: “I don’t go out of the country with a wooden guitar.” [Eric Felten/WSJ, AW, PoL, Trevor Burrus/Cato]
Dear NYT contributor Bakan: getting your kids’ attention may not require overthrowing world corporate economy [Nancy French, NR "Home Front"] More: Sullum.
“West Memphis Three” freed [Damon Root, Greenfield]
Forest Labs case: after outcry, feds drop effort to force firing of drug company CEO not charged with wrongdoing [WSJ, WLF] Background: Charles Hooper & David Henderson, Hoover (“The FDA’s War on Drugs”), The Economist (“The government seeks to sack an innocent boss”, Diana Furchtgott-Roth, Steve McConnell/Drug and Device Law, Josh Wright/Truth on the Market]
Google paid dearly in smartphone deal for our dysfunctional patent system [Gordon Crovitz] “Google Should Publicly Oppose Software Patents” [Timothy Lee, Forbes]
Lawyer’s suit: Kasowitz firm ignored his “superior legal mind” [Lowering the Bar, Above the Law]
“In Chicago, You Need a License To Help Others Get a License” [Mark Perry]

Tagged as: cellphones, Chicago, child protection, environment, Google, music and musicians, patent quality, pharmaceuticals

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July 26 roundup

by Walter Olson on July 26, 2011

Murder victim’s family sues Schwarzenegger for commuting sentence [KTXL]
Easter egg in Dodd-Frank: Lawmaker’s pet “conflict minerals” proposal, to be enforced by SEC [Protess] More on costs to automakers and others: WLF, Carter Wood, more. Further: Bader.
Push is on again for fashion design copyright protection [NYT, earlier] Another skeptical view of bill [Katy Tasker, Public Knowledge]
Charges dropped against woman who videotaped cops from her front yard [Rochester D&C]
“Mom Charged with ‘Child Endangerment’ When Tot Wanders Off” [Free-Range Kids]
Live off the land? Better not try that in rural L.A. County [Cavanaugh]
Does the U.S. maintain diplomatic relations with this strange realm of “Gould, Arkansas”? [Volokh, Underhill/Forbes]

Tagged as: Arkansas, child protection, Design Piracy Prohibition Act, Los Angeles, Securities and Exchange Commission

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“Harvard Researchers Want Fat Kids Taken From Their Homes”

by Walter Olson on July 13, 2011

Infuriating: “a pair of Harvard scholars writing in the Journal of the American Medical Association advocate stripping away the custody rights of parents of super obese children. … ‘Despite the discomfort posed by state intervention, it may sometimes be necessary to protect a child,’ said Lindsey Murtagh, a lawyer and researcher at Harvard’s School of Public Health. The study’s co-author, David Ludwig, says taking away peoples’ children ‘ideally will support not just the child but the whole family, with the goal of reuniting child and family as soon as possible.’” [Atlantic Wire]

More: Ira Stoll notes the following sentence from the JAMA piece: “Even relatively mild parenting deficiencies, such as having excessive junk food in the home or failing to model a physically active lifestyle, may contribute to a child’s weight problem.” From M.M., via social media: “I’ve never seen better evidence for that old William F. Buckley, Jr. quote: ‘I’d rather be governed by the first 2,000 names in the Boston telephone directory than by the 2,000 members of the Harvard faculty.’” And Ken at Popehat examines the possibility that the researchers were just, you know, trying to “start a conversation” about the need for more child-snatching.

Tagged as: child protection, nanny state, obesity

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“Dead kids make bad laws”

by Walter Olson on June 11, 2011

“Kyleigh’s Law,” which imposed an 11 p.m. curfew on younger drivers and required them to affix red reflective decals on their vehicles, was really not a very good idea, but New Jersey lawmakers figured that not voting for it might seem to insult Kyleigh’s memory. Much could be said as well against Megan’s Law, Hannah’s Law, Jessica’s Law, Chelsea’s Law … might one discern a pattern here? [Michael Tracey, Reason]

Tagged as: child protection, New Jersey, traffic laws

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