The 4th Amendment & TSA Searches
Apr 30, 2011
The 4th Amendment to the United States Constitution guards citizens against illegal searches and seizures by police and government officials. Here is the exact wording of the Amendment:"The right of th...
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Parental unfitness must be proven in Massachusetts by clear and convincing evidence
Apr 29, 2011
In Massachusetts parental unfitness must be determined by taking into consideration a parents character, temperament, conduct, and capacity to provide for the child in the same context with the child...
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Best interests of a child in care and protection cases
Apr 29, 2011
In order to remove children permanently from a natural parent and to dispense with parental consent to adoptiona trial court]judge in Massachusetts must find, by clear and convincing evidence, that t...
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Purpose of the Massachusetts Care & Protection Law
Apr 29, 2011
The Massachusetts Care and Protection statute is designed to insure that the children of the Commonwealth of Massachusetts are protected against the harmful effects resulting from the absence, inabilit...
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The purpose of post termination visitation
Apr 29, 2011
Once it is established that a parent is unfit, the decision whether to grant post adoption or post termination visits in Massachusetts must be left to the sound discretion of the trial judge. Adoption ...
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Posttermination contact is sometimes appropriate when no preadoptive family has been identified
Apr 29, 2011
Posttermination contact in Massachusetts will tend to be more appropriate where no preadoptive family hasbeen identified and where a principal, if not the only, parent-child relationship in the child's...
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Child specific determination in parental unfitness cases
Apr 29, 2011
Determinations of parental fitness can be child-specific in Massachusetts. Adoption of Ramona, 61 Mass. App. Ct. 260, 263 (2004). The issue at trial is whether the parent is currently fit "to further t...
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Best interests of the child in Massachusetts post-termination visitation
Apr 29, 2011
Aprimary concern governing the exercise of a court's discretion in deciding post-termination visitation in Massachusetts is making a decision which will be in the best interests of the child. Adoption ...
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Post-adoption visitation in Massachusetts
Apr 29, 2011
The power to order post-termination visitation in Massachusetts is an equitable power which exercised within the discretion of the trial judge. Adoption of Rico, 453 Mass. 749, 754 (2009); Adoption of ...
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Letters of Marque and Reprisal
Apr 28, 2011
Article 1, Section 8 of the Constitution gives eighteen specific powers to the the United States Congress. Among the eighteen powers, clause 11 of section 8 gives Congress the power to declare war,...
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