Daniel Pollack

Yeshiva University | YU · Wurzweiler School of Social Work

This article surveys wrongful death cases filed in various states involving the death of children in foster care.

Evidence of sexual grooming can be used to convict offenders — in those jurisdictions where sexual grooming is a crime — and substantiate allegations of sexual abuse where a victim’s testimony is unclear or misleading.

Mother-son incest has historically been thought of as uncommon, especially when compared to other forms of incest. However, the data proves otherwise. Moreover, recent arguments have been made that sociocultural denial, underreporting by the victim, and a lack of validating evidence hinder the collection of recorded cases. Therefore, the problem is...

Too many schools are failing in their responsibility to keep children safe from sexual abuse. Often, instead of protecting children, schools have been covering up sexual abuse of children by teachers, failing to investigate and report alleged abuse, and allowing teachers to silently leave.

The image that a sexual predator is a stranger trying to entice a small child is so outdated. Today, we know that sexual predators can be anyone -- blood relatives, clergy, doctors, coaches, and, yes, teachers. As authority figures that students are taught to trust, when teachers breach that expectation, the psychological repercussions can last a l...

There are times when unmarried partners are uncertain about paternity, a single or divorced mother wants or needs to seek child support, or a man seeks parenting time with a child he believes he fathered. It is under these circumstances that paternity of the child may need to be legally established. Where there is domestic violence there are numero...

Family law cases are difficult, inducing a variety of emotions. As a case progresses, each party may feel stress, trauma, and threat. Understanding polyvagal theory can help move clients through trying situations.

Evaluators have a duty to differentiate litigants, to act as the arm of the court in measuring who will serve the best interests of the children made the subject of custody fights, adoption actions and/or termination actions. Evaluators face tough work, and tougher decisions. Lawyers must interrogate evaluators to assure that evaluators base their...

Narcissists do not just feel overly confident they will win in a custody hearing; they feel entitled to win. To counter a narcissist's divorce strategy, it is imperative to have a clear picture of who the narcissist is and be prepared with a knowledgeable, experienced, and proactive attorney. But the word “narcissism” is rampant in family court. An...

Obtaining a domestic violence restraining order may require only the testimony of a single incident, but the history of the relationship is imperative and provides context.

When you leave your job, you might leave your clients too. You might consider: “Can I bring my clients with me?” An instinctive response might be, “Of course!” But the answer is more complicated.

A discussion of the U.S. Bankruptcy Court for the Southern District’s recent decision In Re Three Arrows Ltd. The authors question: “Will 'Three Arrows' point courts in a new direction, and stand as authority to condone service of discovery requests via alternative service of a Rule 45 subpoena outside the United States, via email and social media?...

This article looks at some of the pending bills working their way through the 88th Texas Legislative Session.

Paralegals, attorneys and expert witnesses are able to create an organizational synchronicity among themselves by actively communicating expectations, understanding the dynamic of the working relationship and participating in meaningful feedback loops.

Many court hearings are now virtual. This means that some or all of the litigants and witnesses participate by video. Are virtual hearings compromising the Fourth Amendment rights of domestic violence victims/survivors and children involved with Child Protective Services?

A class action suit was filed against the North Carolina Department of Health and Human Services seeking to end discrimination regarding children with disabilities who are placed in foster care and who are then unnecessarily segregated from their home communities.

When parents separate, absent contraindications, the roles of the parents should continue as much as possible. Why? For the stability of the children, and because the way the parents have allotted their respective roles—absent domestic violence—indicates that the status quo ante should be presumed to be in their child’s best interests.

Over the past few decades, Texas family lawyers have engaged in a legal fiction: Let’s tie a bow around the package of a partition and exchange agreement by seeking to have the agreement made the subject of a declaratory judgment action. The Fifth Circuit appears to blow that concept out of the water. Lawyers: caveat emptor.

Unfortunately, sexual grooming is more obvious in hindsight than in real time. And so, the best policy is the ‘roach approach’ – turn on the light!

Attorneys looking out for children may feel limited in what they can do, but they should try to know which psychiatric providers in their area work to keep children on lower dosages of appropriate medications and stay away from medications which are not helpful.

A recent Connecticut case, State v. Hector M., (Superior Court of Connecticut, Judicial District of Waterbury, Decided November 25, 2022, Filed UWY-CR10-0390108-T), demonstrates the rare but graphic and insidious nature of grooming and incest. The reader should be advised that the facts underlying this case, discussed below, are horrifying.

California is viewed as a refuge for trans children. The Texas Supreme Court dismissed a pro se mandamus In Re Younger - how will the ruling impact gender affirming treatment options?

Based on a 2022 U.S. Supreme Court ruling, NYSRPA v. Bruen, the U.S. District Court for the Western District of Texas struck down a federal law prohibiting access to guns if those people are subject to domestic violence protection orders.

Divorce can be difficult -- for those going through it and for their attorneys. Financial concerns, crowded dockets, as well as the personalities of vying litigators and litigants can serve to contribute to the burdens attendant to achieving an accord and finalizing the case. Covert narcissists have ways of hiding in plain sight, and those characte...

Yoga seems to be “trending” as it pops up in gyms, rehabilitation facilities — and even correctional facilities.

Where the appointment of a GAL is on behalf of the court, rather than to represent what the child wants as a party to the action, the appointment creates a circumstance that may be unconstitutional and a violation of an individual party’s rights.

When a minor commits a serious offense, the prosecutor may have discretion topetition the juvenile court to waive its jurisdiction. If the petition is successful, inlieu of the case being heard in juvenile court and the child being tried as a juvenile,the case will instead be heard in a criminal district court. The child is certified as an adult, a...

Defendants who are convicted and sentenced cannot relitigate the specific facts underlying their conviction. Yet, two separate trials -- a criminal and a civil -- may result from the same fact pattern when a crime is committed and a personal injury is sustained as a result of alleged negligence, recklessness, or deliberate behavior of a party. In t...

Should parents be the only individuals granted court-ordered access to and possession of minor children? Many state access statutes continue to ignore the importance of companionship and the impact third parties may have on minor children.

The COVID-19 pandemic has surely tested the mettle of the Code of Ethics, as practitioners began to provide telehealth services, with or without weighing important practice provisions, core values, ethical principles and standards, and critical areas of knowledge. This article seeks to examine existing interpretations of the Code and the influence...

In the recent trial of Johnny Depp and Amber Heard, the phrase “mutual abuse” was used by the psychologist testifying on Depp’s behalf. Mutual abuse is a term sometimes used to assign accusations of instigation and abusive behavior to both people in a relationship, not just one. Whether the term is ever appropriate or if it describes domestic viole...

In social work research, primary data is information collected directly from a source, often via survey, interview, observation, examination, or trial. It is regarded, quite simply, as the most reliable kind of data.

Whether by self-help or in vitro fertilization (IVF), the path to parenthood, particularly for same sex couples, can be complicated. Historically, if and when a same sex couple terminated its relationship, unless a person could present a biological connection to their child(ren), the party without a biological connection to the child(ren) could fin...

A child's environment can constitute a source of physical and emotional medical neglect. In the recent case of In the Interest of J.A.R.R., J.N.R., and M.A.R., the U.S. Court of Appeals for the Fourth Circuit held that termination of parental rights was warranted where parents had no plan in place to meet their children's medical needs.

Attorneys must carefully scrutinize what a judge has said or done before making a motion for recusal, but one should not fear making such a motion where it is appropriate.

Children fear being ostracized by their family if they make sex abuse allegations involving a family member. Here's how to ensure you have the right evaluator for your case.

Sexual abuse. Sexual grooming. Unlawful restraint. False imprisonment. These are all serious allegations, too frequently minimized by individuals in positions of authority. How can we protect children and assure that perpetrators are prosecuted? One, by not ignoring outcries of abuse. Two, by assuring that those in authority understand that when a...

Supportive and sound supervision is correlated with retention and employee satisfaction. Yet, such supervision is a nuanced and sometimes overlooked function.

A victim of sexual assault or domestic violence retracts a recantation. Is their credibility compromised? To an outside observer, it may appear as erratic flip flopping. More often, it’s a symptom of the traumatic experience the survivor went through. Still, how much has the vacillation damaged the credibility of the victim/survivor and their legal...

Determining when and whether to object to an argument, statement orquestion made by opposing counsel, or to object to an answer given by awitness is an important decision to be made at trial. Doing so calls forknowledge of the Rules of Evidence and the ability to react quickly andthink strategically. These assessments are particularly important ind...

Title IX is a federal law that protects people from sex discrimination in educational programs and activities at colleges and universities that receive federal financial assistance. Among others, sexual assault is a form of discrimination prohibited by Title IX.

Are school social workers are at an elevated risk for mental health issues? Not necessarily. At the same time, violence, bullying, and grief can sap a school social worker’s emotional reserve. School social workers need time for self-care to perform their job well. Keeping this in mind, we should heed our own advice: reflect, process, and engage in...

Holding a government social welfare agency accountable after a child is harmed is an arduous undertaking.These cases present unique obstaclesfrom day one

When confronted with emails and texts that include emojis or emoticons, attorneys may query: Do those images speak the truth? Is the truth open to more than one interpretation? How can those images be used against the opposing party? How can a client’s use of emojis be beneficial or detrimental to their case? It’s a changing world. Emojis and emoti...

If there is a variance in the indictment and jury charge, don’t wait. Object to the variance prior to the start of trial and/or the empaneling of the jury panel.

Whatever position one takes, a meaningful discussion about parole reform for older adults is an urgent matter to consider.

As a parent, your worst nightmare is that your child will be taken from you. Interacting with a Child Protective Services investigator, especially in a hospital Emergency Room setting, can be daunting. Here are some suggested guidelines.

As a policy matter, we must address and end the circumstances of parents who raise allegations of abuse of their child during the pendency of a divorce from being unjustly attacked as being the problem. To shield these parents from attack requires absolute adherence to child safety protocols before any custody actions are considered. In other words...

Depending on the circumstances, the right to confidentiality can bend when protection of children or the elderly are a key component of a case.

Children with untreated dental disease may routinely go unrecognized. Many non-dentists may not realize that a child's tooth infection can have serious, if not deadly, consequences. In clinical practice, dental neglect through willful intent is already difficult to demonstrate for someone who has dental knowledge. The generic questions asked by chi...

Is it possible to have an honest discussion about solutions to crime without discussing whether criminals are in fact responsible for the crimes they commit? The discussion is too often evaded.

“In chambers” or “in camera” refers to a hearing in the privacy of the judge’s office. These meetings usually take place in order to examine particularly sensitive or private information outside of the formal courtroom setting. One of the purposes of such an interview is to determine whether or not a child has a preference regarding with whom the c...

The trial court, as gatekeeper, has the duty to weigh the credibility of the witnesses, and to choose who or what to believe when presented with conflicted testimony. The determination of best interests must focus on the child, rather than on the parent.

Being part of a family, even temporarily, implies responsibilities as well as rights. Are those responsibilities different if the youngster is a child in foster care? Are foster parents treated differently than biological parents under the law? Are there distinctions between forced labor under federal law and state law?

“The attorney-immunity doctrine does not apply to all conduct by attorneys, so attorneys are not precluded from being the subject of a wiretap claim even though some of their conduct may give rise to an immunity defense.” Attorney immunity, after all, is “not boundless.”

The International Child Abduction Remedies Act was enacted by the United States to help prevent international child abduction, with the stated intent that, “Persons should not be permitted to obtain custody of children by virtue of their wrongful removal or retention.”

As a victim of emotional abuse, you understand the power of emotions and must provide emotional support to your children and to yourself.

Law enforcement officials commonly use deceptive tactics during interrogations in order to acquire a confession of guilt, or a partial confession of guilt, with the goal that a prosecutor may subsequently use such incriminating statements in a criminal hearing or trial. While judges already have discretion to throw out statements that are elicited...

Words can having multiple meanings. "Trauma" is one of them; so is "trauma-informed" care. Many facilities, institutions, health care centers, schools, and even states have declared themselves to be "trauma-informed" and mandate trauma-informed care and practices. But what does the term really mean?

In cases involving domestic violence, while not inevitable, a trial is more likely and child protection may be at the heart of the trial. Accordingly, detailed preparation is critical, especially for victims where there are children in need of protection. Attorneys need to be prepared, and they must prepare their clients. Documentary evidence assis...

Attorneys and social workers are joining forces to advocate for closing the jail that has been the site of egregious human rights violations. Each profession brings a unique set of strengths to this advocacy.

For child welfare agencies across the United States, it’s the ultimate measure to use against parents—termination of their parental rights(TPR). Used when there are serious concerns about abuse or neglect, the procedures and prevalence for termination of parental rights varies among states. To avoid this ultimate sanction, parents can assert their...

For couples contemplating divorce, collaborative divorce can be an attractive approach to respectfully resolve their differences without going to trial. Often, it is also less adversarial, more economical, and holds the potential of a more expedient resolution. And, many family law attorneys encourage couples to take a collaborative law route for t...

In every divorce case where a psychological exam is sought, the trial court must balance the need for the information to substantiate claims asserted by a party against that individual’s right to privacy.

Incarcerated parents have a lot of “time” on their hands to think about their lives and the impact their absence is having on their children. Like most parents, they also want their children to have better lives than what they have. Incarcerated parents want to be involved and are willing to participate in academic activities if given the opportuni...

If you are going to complain about a defect in jurisdiction, do so early and properly. If there is a guardianship proceeding, read the rules, and take appropriate precautions regarding how you handle service of process.

“Good judgment comes from experience; experience comes from bad judgment.” This astute observation, attributed to Dr. Kerr L. White, has daily application when supervising children in a residential treatment setting. While we should expect staff to make occasional bad decisions, they can, even though well-intentioned, still be legally defined as “c...

Sometimes children need not only to care for their parents, they also need to know when to take them to a doctor for a neurological assessment.

The case of 'Moody v. Moody raises a number of interesting issues, but most importantly, it reminds us that standing is the foundation of a justiciable claim.

Like an iceberg, there are a multitude of family dynamics below the surface that guardian ad litems (GALs) and other professionals may never know about a family when making decisions. When is it appropriate for an adolescent to speak to the court directly? Clarity from the legislature and the courts is desperately needed.

In the aftermath of a police-involved shooting, do social services agencies consider their role in the events prior to the shooting? Not immediately prior, but the preceding 364 days prior to the shooting?

Law enforcement agencies have begun using the tools that traffickers have turned to—ads, chatrooms, dating sites—to conduct online raids targeting traffickers and individuals seeking to illegally purchase humans or their services.

Attorney-client privilege attaches after a legal services agreement is signed by both the attorney and the (prospective) client, and the retainer has been remitted.

Opening statements at domestic violence hearings offer the ability for the use of language that a court will remember, often using a mantra that gets repeated during the testimony and at closing.

Texas Attorney General Ken Paxton disputes the American Medical Association, the American Psychiatric Association, the American Academy of Pediatrics, and the position that those respective organizations have taken in support of individualized care of children who experience gender dysphoria. Does Paxton have more in mind than slowing the clock? On...

After centuries of neglect, the voices of the deaf-blind population need to be heard. Society in general, and the legal profession in particular, must be committed to empowering persons who are deaf-blind. It’s time to make room at the legal table. Pull up a chair.

If you want judicial notice to be taken, do not count on luck. Make the request on the record.

Establishing clear and convincing evidence that a parent has been neglectful—leaving the children in potentially dangerous circumstances—could be a ground for termination regardless of whether or not physical abuse occurred. There is not necessarily a requirement to show that a child suffered actual injury.

A recent Texas Court of Appeals case illustrates the series of considerations and “balancing acts” that ultimately lead a court to sever parental rights. One of those considerations is the child’s expressed desire.

The No Surprises Act dictates that the arbiter chooses the offer closest to the median in network rate, unless there is additional information that shows that the in-network rate is inappropriate.

Attorneys must be zealous advocates, but that does not mean accepting every word our clients say. Keep that psychological grain of salt handy -- and warn clients that they may sometimes be affronted by our questions and skepticism.

What’s ‘fair’ for a juvenile offender who is over the age of 14 and who may be required to register as a sexual offender? The juvenile court wields great power in such cases, and a juvenile offender may carry the onus of being a predator long into adulthood, when warranted.

Numerous states have set legal precedents regarding child custody disputes where the non-biological parent is determined to be a “psychological parent” and is therefore able to retain custody. In an era where it takes a village to raise a child, should Congress and State legislators take further action to assure that psychological parents also have...

Whatever one’s opinion regarding legalizing prostitution might be, and however well-intentioned the two pieces of proposed legislation are, might they inadvertently force sex work further into the shadows and thereby expose children to exploitation?

Attorneys should seek to have a good rapport with a judge except where it interferes with appropriate, zealous advocacy. It is better to have a judge’s respect for proper advocacy than to be thought of as “nice.”

There are times when clients change their attorney multiple times or the adversary attempts to use changes of attorney against the litigant in a negative or derogatory fashion. Why does this happen and what can be done?

The upgrading of social service gatekeeping standards must be both a priority and ongoing process focused on ensuring the health, safety and well-being of these vulnerable citizens.

Whether or not hiding income results in formal child neglect charges, parents need to support their children by providing them with financial support, or face the consequences.

When your family law client is denying the reality of their situation, use these strategies to help keep the process – and your client – on track.

Your client, a divorced parent, is planning their first holiday season under new co-parenting arrangements. As an attorney, the single best piece of advice you can give your client is this: If the client anticipates a legal dispute or disagreement with their former partner, try to iron it out now.

When a nursing resident is alleged to have been sexually abused and a lawsuit follows, a key person for plaintiff attorneys to retain is a competent expert witness. Naturally, that person must be properly credentialed and have the requisite experience. But there’s more.

There are scores of frontline social workers whose tenacity will never be appreciated, will not get made into a movie, will never get written up in a progress note. That’s true grit.

Individuals with intellectual disabilities are the most likely victims of sexual assault. To be effective advocates, attorneys must be properly trained to interview and depose this survivor population

Because sexual abuse may often involve only the two people who know what really happened, numerous legal issues will be at the heart of formal judicial proceedings. Credibility and clarity are paramount. Society, the justice system, and attorneys rightly view a nonconsensual sexual assault as a serious criminal offense. Proving the offense in court...

Rural social workers often find themselves needing to continually expand their scopes of practice simply out of necessity.

By presenting data about the number and types of crimes perpetrated on this population, attorneys and others can hopefully assist in developing best practices and techniques to aid these victims.

The pursuit of such a lawsuit must be done with maximum regard for the child survivor. The key question: Will the lawsuit have a net beneficial therapeutic effect or a traumatizing effect?

Children referred for reunification therapy can be described as feeling divided, torn between their parents, with polarized feelings about parents such that the children may refuse to see, visit, talk with or enjoy a real relationship with a rejected parent. Effective models for children and families in need of reunification therapy do exist. As ga...

It seems to happen more often than not that a potential new client seeking a divorce alludes to cruel treatment by their spouse. Tennessee Williams wrote: "All cruel people describe themselves as paragons of frankness." Cruel treatment has long been a "fault" ground for divorce-but a fault ground that has had little momentum recently. On the heels...

Few areas of family law are as bristling with risk and the potential for appeal as a petition to terminate parental rights. When the child involved has special needs, the child may be particularly imperiled if proper parental supervision is missing