Judge Rules Sperm Donor Is Legal Father Of Child Born To Lesbian Couple

In Topeka, Kansas a judge has deemed that a man who donated sperm to a lesbian couple is the legal father of the child produced because a licensed doctor was not involved in the insemination. Now the man, William Marotta, must pay child support. Marotta responded to a Craigslist add posted by Jennifer Schreiner and Angela Bauer in 2009. For $50 Marotta agreed to provide sperm to the lesbian couple. Without seeking legal advice, Marotta and the couple signed a document stating that Marotta was not to be responsible for the child.

Schreiner and Bauer separated within a year after the birth of their daughter. Schreiner sought financial aid from the state to help her support the child and listed “donor” as the child’s father. Determining that Marotta was not an anonymous donor, the Kansas Department for Children and Families demanded he pay child support.

Schreiner and Bauer purport themselves to be the child’s parents, but the judge disagreed. Because proper protocol was not followed in the insemination, the judge said Marotta cannot be considered just a donor. Specifically, they did not follow state law which requires the use of a physician for artificial insemination and the signing of certain documents. The judge stated, “The court is bound by the ordinary meaning and plain language of (state law) and it may not look the other way simply because the parties intended a different result than that afforded by the statute.”

It is unknown whether Marotta will appeal the ruling.

Tuesday’s Children and the Law News Roundup

Picture courtesy of http://jjie.org/with-severe-budget-deficits-florida-djj-may-be-forced-to-close-several-facilities/105172/

With Severe Budget Deficits, Florida DJJ May Be Forced to Close Several Facilities, Juvenile Justice Information Exchange

Facing a budget shortfall to the tune of $54.5 million, Florida’s Department of Juvenile Justice (DJJ) may end up closing some detention centers to cover its losses.

Earlier this summer, the state DJJ was hit hard by a Court of Appeals ruling, which found that the department had overcharged counties. As a result, a large percentage of county-level juvenile justice costs were shifted towards the state, which now assumes an additional $35.5 million in costs. Making matters worse, new Medicaid guidelines, which denied matching grant money for DJJ-operated residential facilities, resulted in the DJJ losing $19 million in federal funding.

Earlier this month, Florida DJJ Secretary Wansley Walters sent a letter to Gov. Rick Scott, urging legislators for an earlier release of general revenue and to delay “implementation of non-critical contracts” as a means of offsetting some of the department’s deficits. Even so, the department would still require a loan from the state if payments from counties were lower than expected.

State officials to visit Avon Park riot site, Fox News

FROSTPROOF (FOX 13) –

Teen detainees at the Avon Park Youth Academy in Polk County threw televisions off rooftops, trashed furniture and burned the office that held the records over the weekend.

In the aftermath, state and county officials disagree whether the facility’s staff was equipped to handle such a situation.

The school is under the jurisdiction of the Department of Juvenile Justice and is used as a rehabilitation and vocational school for moderate-risk young offenders.

Authorities say the majority of the school’s students participated in the riot, which started just before 9 p.m. and quickly spiraled out of control.

The academy houses 138 kids. The more co-operative ones stayed at the facility to help clean up. The ones suspected of starting and participating in the incident were moved to Polk County’s South County Jail in Frostproof.

Monday, Polk Sheriff Grady Judd said the situation could have been kept under control if the staffers were equipped and allowed to use pepper spray.

Special Victims: Law, Order and India’s Children, DNA India

“There can be no keener revelation of a society’s soul than the way in which it treats its children”, saidNelson Mandela. If that’s true, India needs to do some urgent soul searching. Nowhere is our attitude to children better reflected than in the way our systems of law and order treat them. 63 years after our Constitution recognised them as equal citizens, 39 years after we adopted our first National Policy for Children and 21 years after we ratified the UN Child Rights Convention (CRC), we have yet to agree on a uniform definition of who exactly is a child. Definitions vary depending on whether it’s marriage, work, education, sexual offences, culpability for crimes, adoption or inheritance that’s at issue.

Few children of the elite or the middle-class in India have the opportunity to interact officially with the police, the judiciary or the alphabet soup of entities labelled CWCJAPUAHTUJJBNCLP,CARASFCACSCPS or NCPCR For the estimated 176 millionchildren who are homeless, orphaned, abandoned, abused, trafficked, bonded, illegally employed, lost, refugees, displaced, accused of a crime or simply poor, on the other hand, the forces of law and order are omnipresent determinants of their fates.

Illinois Law Takes Child Support From Casino Winnings, CBS St. Louis

SPRINGFIELD, Ill. (IRN) – A new Illinois law will strip deadbeat parents of their gambling winnings.

Casinos and racetracks will be required to garnish the winnings of any parents who are behind on child support. The proceeds would be turned over to the Department of Healthcare and Family Services to be distributed to the families.

“When anyone wins over $1,200, it will be required under the law to check that against our real-time database,” said State Sen. Darrin LaHood (R-Dunlap), sponsor of the bill.

LaHood estimates that the law will bring in as much as $1 million in its first year. Kelly Jakubek of the Department of Healthcare and Family Services says it will help make a dent in the state’s $3.1 billion backlog of unpaid child support.