| Child Welfare Agency's Potential Malpractice Liability for Violating Parental Rights |
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| Although intervention by a child welfare agency is sometimes required for the protection of a child, sometimes the investigation may become over zealous or slanderous in nature. Investigating claims that a child is the subject of mistreatment is difficult. The agency should attempt to investigate all claims made with a balanced outlook.
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| Gifts in Contemplation of Marriage |
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| What if a marriage between two parties never takes place? Is the donor or the giver of the gift permitted to recover the premarital gift given to the recipient, his or her future spouse? Whether or not the donor is entitled to recover the premarital gift depends upon the circumstances. If the gift was conditioned on the marriage, either explicitly or implicitly, then the donor may recover the gift depending upon the facts in the case. More... |
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| Sexual Harassment in Schools |
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| A school cannot be held liable for ignoring the usual schoolyard behavior such as teasing and cruel behavior. However, the school may be liable for failing to take reasonable action against serious and long-term student sexual harassment. Sexual harassment is defined as harassment on an individual on the basis of their gender.
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| Preferences Created by the Indian Child Welfare Act |
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| The purpose of the Indian Child Welfare Act (ICWA) is to preserve and strengthen Native American families and culture. The ICWA attempts to accomplish that purpose by creating a legal preference for the placement of Native American children in Native American homes.
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| Cohabitation Agreements |
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| A cohabitation agreement is an understanding between two unmarried persons who live together as to how they have agreed to treat their individual assets and how they agree to manage, control, acquire and dispose of assets in the event the relationship terminates. The advantage of a cohabitation agreement is that, if properly drawn, it will reduce the stresses that would be involved if the cohabitation relationship terminates.
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