July 2010 Archives

Kinship Legal Guardianship (KLG) in New Jersey, is a process whereby a maternal or paternal relative of a child assumes long term care of the child as an alternative to adoption.  KLG does not necessarily terminate parental rights.  The biological parent maintains the right of consent to adoption or name change, pays child support and is entitled to visitation, usually supervised.  The child does not sacrifice any rights derived from the birth parent such as inheritance or insurance eligibility. 

KLG, is initially a permanent arrangement and not intended to be easily resolved.  However, KLG can be used as a temporary measure to allow biological parents to overcome incapacity to care for a child.  Most children want to be reunited with their parents.  However, as with all matters concerning children, and irrespective of the circumstances, the courts will rule in favor of what is best for the child based on "clear and convincing evidence".  If a parent, whose child was removed due to physical abuse, neglect, substance abuse, arrest, violence or any other misconduct, intends to pursue custody of their child, there has been a unanimous decision, affirmed by all seven justices and written by Justice John Wallace, that the burden of proof for terminating such KLG arrangements is with the moving party. (biological parent)

Who wins in these situations?  Children are negatively impacted with any interruption in home life.  Moving from a parent's home to a relative's home, no matter the circumstances, interferes with academic progress, social life and certainly emotional well being.  Readjusting to a new environment is difficult for anyone, imagine being a child and having to accomodate the adult world around you.  Having relatives argue over who is to care for a child, who is financially responsible for a child, who is equipped to best take care of the child, will leave the child with lifelong self esteem issues - the child's mind barely understands the conflict and only wants to be with their parent.  On the other hand, these angels (KLG) who step up to the responsibility of raising someone else's children are a large part of our population today and everyone involved in chiild welfare needs to support their efforts and sacrifices.  This is the next generation they are taking care of - the next biochemist, the next NASA engineer or the next President. 

One sad note, is the grand parent or aunt or uncle, who spends their time and energy to raise a "relative's" child, only to later find out that there is no real biological relationship.  If you have a doubt about the paternity of the child you are being asked to care for, call your local DNA collector to have a private DNA test performed.  If you have been given paperwork by the court, indicating you have custody of the child, you have the right and responsibility to get a DNA test to confirm you are indeed the biological grand parent, aunt, uncle, sister, brother etc., of the child.  And all children have the right to know their birth family and understand the truth about their birth. 

"The law must be consonant with life.  It cannot and should not ignore broad historical currents of history.  Mankind is possessed of no greater urge than to try to understand the age old questions: "Who Am I"? and "Why Am I"?  Even now the sands and ashes of the continents are being sifted to find where we made our first steps as man.  Religions of mankind often include ancestor worship in one way or another.  For many the future is blind without sight of the past.  Those emotions and anxieties that generate our thirst to know the past are not superficial and whimsical.  They are real and they are "good cause" under the laws of man and God."

Credit is surely due where such an eloquent and simple truth is summed in words we can all understand.  The above words are a quote from the Honorable Wade Weatherford, Circuit Court Judge in South Carolina.

The fact that DNA Tests are readily available today is self evident that DNA Tests are needed today.  Necessity is the mother of invention, right?  New moms and new dads should contact a local DNA collector so that follow up questions and/or concerns can be addressed without having to dial an anonymous toll free number and speak to an anonymous operator who knows little or cares little about the individual circumstances.  A private, community based DNA collector will remember your case, easily access your files and answer your questions about DNA testing.  Although profit is the motive for every business, there is the unique individual who is compassionate and may offer kind words or simple advice for families who find themselves in need of a DNA test.  There is also the case, when the relationship between the two parties deteriorates to the point of no communication and one of the parties did not maintain a copy of the DNA Test.  Having to sift through an anonymous toll free number's previously tested parties customer service line, is difficult and profitless so you'll get very little assistance.  Using a local DNA collector, you can go to their office, speak directly to the person who collected you and with proper identification obtain copies of your files. 

Most often, DNA Tests are used to confirm Paternity.  However, DNA tests can be used to confirm any kind of biological relationship  - grand paternity, silbings, aunts, uncles - always check with your local DNA collector for advice on the best test option available. 

There are grand parents support group meeting all over New Jersey and the country.  There are grand parent magazines offering advice on how to rear today's children.  No more putting kids in the backyard to play.  There are sadly, many grand parents finding out, after they have bonded with a child or two, that the child is not biologically related, that is, the grand parents may have been misled into thinking a child was their son's child.  A simple grand paternity test can be performed to prove the kinship and ease doubts about the relatedness of a child.  (By the way, as a local DNA collector, I often hear the voices of concerned grand parents and aunts, that a child has just been introduced into their family and they doubt or are concerned about the paternity).   As the Honorable Weatherford advises - eventually all children will want to know Who Am I and How Did I Get to Be Here?  Irrespective of the biological mother and father's relationship now or in the future, somewhere there should be a record of the circumstances of the birth.

Often, times the motive for DNA testing is to obtain child support, healthcare benefits, social security benefits or other financial assistance.  Whatever your motive, keep a record of the test along with other valuable identifying documents, such as birth certificates, vaccination records and insurance policies.  Some day the child will ask the question: Who Am I? and as simple as it may seem to  an adult - the knowledge is empowering and the truth is always relevant.     

If you receive a letter from the U.S. Department of Justice, Executive Office for Immigration Review advising receipt of your appeal of a decision made by the USCIS you may wish to have an attorney represent you at the hearing.  However, your attorney or Accredited Representative must complete and file with the Board, specific forms and in a timely manner prior to a meeting with the board.

There are any number of reason why you may be declined by the USCIS or U.S. Embassies to sponsor a relative on the basis of a family visa.  The birth certificate, marriage certificates or other family identifying documents may be not have been filed in your country of origin in a timely manner.  There are cases where father's names are placed on birth certficates decades after the birth of a child, and the USCIS may question this practice or doubt the validity of the document.  You can expedite the proof of your relationship to a beneficiary in another country via a DNA test.  DNA tests are used to prove maternity, paternity, full siblings vs. half siblings and grand paternity.  Your local DNA collector can advise  you on what type of test to request to insure reliable and accurate results.  All DNA tests used for the purpose of immigration must be performed by an American Association of Blood Banks (AABB) accredited laboratory and original results are sent directly from the AABB accredited laboratory to the USCIS or U.S. Embassy offices.  The process may take several weeks or months and in your own best interest, you should work with your local DNA collector so that in the event  you need to follow up - you will be working with someone in your community - not another state or country. 

Within 15 days of receipt of notice from the Board of Immigration Appeals your attorney or Accredited Representative must complete a form EOIR-27 (Notice of Entry of appearance as Attorney or Representative before the Board).  If the forms are not filed in a timely manner, you will be considered as "pro se"  - that is representing yourself and all noticies and the Board's decisions will be sent only to you at the most recent address of record. 

Your appeal may be dismissed for a lack of jurisdiction, unless there is a clear indication that your attorney represents you, the petitioner, and you have authorized the appeal.  Only the petitioner (sponsor) may appeal the denial of a visa petition or a fine (except in limited circumstances of self petition battered spouse or widow).

The board will not recognize a Form G-28 (Notice of Entry of appearance as Attorney or Representative), which is used in proceedings before USCIS, and will not recognize a Form EOIR-28 (notice of Entry of Appearance as Attorney or Representative before Immigration Court), which is used only in proceedings before an Immigration Judge. 

Additionally, if you change your address while your appeal is at the Board, you must file a Form EOIR-33/BIA Change of Address Form with the Board within 5 business days.  A copy of your change of address must be filed with the USCIS office that controls your file.

Use of an overnight courier service strongly recommended and encouraged to ensure timely filing and receipt of documents. 

In the world of pregnant women, there is so much information and knowledge to quickly absorb that we hope this blogs sheds some light.

Are you pregnant - get to a doctor.  If you have already done an Over the Counter Pregnancy tests and the results are positive - congratulations and call your OB/GYN.  If you do not have a regular OB/GYN who is familiar with your medical history, get a referral from your Primary Care Physician and find one because if you are old enough to get pregnant, you are old enough to be seen by an OB/GYN.  Regular OB/GYN visits should be a part of your own health care agenda as soon as you are sexually active.  There are Planned Parenthood clinics, women's wellness clinics and other healthcare agencies and hospital related clinics throughout the state and country able to educate you about the responsibilities and risks of being a sexually active woman.  God knows there are enough TV shows willing to delve into the subject of teen pregnancy, out of wedlock pregnancy, planned pregnancy, surrogate pregnancy etc.,  There is simply no excuse today, not to be seen by an OB/GYN, once you become sexually active.    

In this day and age, many young women have the benefit of planning pregnancies around their professional lives or that of there husbands/significant other.  If you happen to be one of these lucky women, you still need to know that there is a host of testing available in your first and second trimester that will offer you information about risks for chromosome abnormalities.  The risk for a fetal chromosome abnormality increases as women get older.  Pregnant women age 35 and older are often offered diagnostic testing through either a chorionic villus sampling (CVS) or an amniocentesis (Amnio) to determie if their baby has a chromosome problem.  Women younger than 35 are routinely offered a blood test in the second trimester (Quad screen) to determine if their baby is at an icnreased risk for a chromosome abnormality.  In the last five years (this writing is as of 2010) there have been better developments in first trimester screening which offers detection rates for trisomy 18 and Down syndrome at least equivalent to the Quad screen.  First Trimester screening is also an accepted standard in over 50 countries.

It is at this same time, when you are doing the above chromosomal diagnostic testing that you can participate in a PreNatal Paternity Test.  If your doctor is planning on performing either the CVS or Amnio, you can call and schedule your local DNA collector to meet  you at your doctor's office on the same day.  The usual process is both mom and alleged father meet the DNA collector either on the day of the amnio or CVS or at a previously agreed upon date.  The first meeting is to exchange identification, collect mom's and alleged father's DNA, accept payment and sign consent forms.  The second meeting is then in the doctor's office (genetic counselor, OB/GYN, Perinatologists) where the procedure (Amnio or CVS) is performed by your doctor.  The DNA collector supplies the doctor with an additional sample tube so that the doctor can provide either amniotic fluid or tissue from the CVS.  It is very important that you understand the risks to yourself and your baby before having any of these tests performed. ASK YOUR DOCTOR ANY QUESTIONS ABOUT THE RISKS INVOLVED AND  YOUR CONCERNS - WRITE YOUR QUESTIONS DOWN ON PAPER BEFORE YOU MEET WITH THE DOCTOR.  You can combine the appointments with the DNA Collection into one day at the doctor's office; however, your DNA collector willll need to speak to your doctor or his staff prior to the meeting.  Prenatal Paternity Test results are generally returned within 5 - 7 business days after receipt at laboratory.  Prenatal Paternity Tests are COLLECTED on Monday,  Tuesday or Wednesday only due to sensitivity and viability of the Prenatal Samples.

First trimester screening is a combination of a blood test with a special certified ultrasound exam performed when you are between 11 weeks and 13 weeks plus 6 days of pregnancy.  Downs Syndrome babies have an extra number 21 chromosome which occurs in about 1 in 800 live-born babies.  Trisomy 18, an extra number 18 chromosome, causes severe mental retardation and multiple birth defects.  Your blood is analyzed for two proteins called the free-Beta-hcG and PAPP-A (pregnancy associated plasma Protein-A).  The ultra sound test determines the gestational age (how many weeks are you pregnant) of the fetus and measures the amount of fluid between the baby's spine and the skin on the back of the neck, which is called the nuchal translucency.  The blood tests and the results from the NT ultrasound are combined to estimate risks of either Downs Syndrome or Trisomy 18.  It is important to understand that these are "screenings" and not "diagnostic" tests.   First trimester screening only provides you with a risk estimate - it does not confirm the presence of Downs syndrome or Trisomy 18.  Diagnostic testing such as the amnio or CVS will be offered to those individuals whose risk estimate is higher than the norm.  Genetic Counselors can provide possible reasons why a pregnancy was found to have an increased risk of chromosomal abnormality and will review your options about further diagnostic testing.  A trained genetic counselor will review your family history, medical history, pregnancy history and help you to interpret your own unique situation and offer choices that are right for your family.

The most important responsibility you have as a pregnant women is to find an OB/GYN you can work with, can communicate with and feel comfortable asking questions.  Irrespective of your relationship with the father of the child - as a women you carry the responsibility of taking care of yourself and your unborn child during these nine months.  If you need to confirm paternity, prior to the birth of your child, prenatal paternity tests are available and can help you to remove any lingering doubts and stress.  Most hospitals in New Jersey offer Maternal Fetal classes to educate you on what to expect during pregnancy.  These classes  allow you to view the maternity unit where you will give birth to your baby, offer classes to "big" sisters and brothers to give them an idea on how to welcome their new baby and instructions on how to breast feed.  Most of the classes are either free of charge or request a nominal fee but it is a good idea for new moms and dads to participate as the nurses, midwives, doublas and staff who offer these courses have lots of practice with new babies and new families and can help ease your questions.

In the world of pregnant women, there is so much information and knowledge to quickly absorb that we hope this blogs sheds some light.

Are you pregnant - get to a doctor.  If you have already done an Over the Counter Pregnancy tests and the results are positive - congratulations and call your OB/GYN.  If you do not have a regular OB/GYN who is familiar with your medical history, get a referral from your Primary Care Physician and find one because if you are old enough to get pregnant, you are old enough to be seen by an OB/GYN.  Regular OB/GYN visits should be a part of your own health care agenda as soon as you are sexually active.  There are Planned Parenthood clinics, women's wellness clinics and other healthcare agencies and hospital related clinics throughout the state and country able to educate you about the responsibilities and risks of being a sexually active woman.  God knows there are enough TV shows willing to delve into the subject of teen pregnancy, out of wedlock pregnancy, planned pregnancy, surrogate pregnancy etc.,  There is simply no excuse today, not to be seen by an OB/GYN, once you become sexually active.    

In this day and age, many young women have the benefit of planning pregnancies around their professional lives or that of there husbands/significant other.  If you happen to be one of these lucky women, you still need to know that there is a host of testing available in your first and second trimester that will offer you information about risks for chromosome abnormalities.  The risk for a fetal chromosome abnormality increases as women get older.  Pregnant women age 35 and older are often offered diagnostic testing through either a chorionic villus sampling (CVS) or an amniocentesis (Amnio) to determie if their baby has a chromosome problem.  Women younger than 35 are routinely offered a blood test in the second trimester (Quad screen) to determine if their baby is at an icnreased risk for a chromosome abnormality.  In the last five years (this writing is as of 2010) there have been better developments in first trimester screening which offers detection rates for trisomy 18 and Down syndrome at least equivalent to the Quad screen.  First Trimester screening is also an accepted standard in over 50 countries.

It is at this same time, when you are doing the above chromosomal diagnostic testing that you can participate in a PreNatal Paternity Test.  If your doctor is planning on performing either the CVS or Amnio, you can call and schedule your local DNA collector to meet  you at your doctor's office on the same day.  The usual process is both mom and alleged father meet the DNA collector either on the day of the amnio or CVS or at a previously agreed upon date.  The first meeting is to exchange identification, collect mom's and alleged father's DNA, accept payment and sign consent forms.  The second meeting is then in the doctor's office (genetic counselor, OB/GYN, Perinatologists) where the procedure (Amnio or CVS) is performed by your doctor.  The DNA collector supplies the doctor with an additional sample tube so that the doctor can provide either amniotic fluid or tissue from the CVS.  It is very important that you understand the risks to yourself and your baby before having any of these tests performed. ASK YOUR DOCTOR ANY QUESTIONS ABOUT THE RISKS INVOLVED AND  YOUR CONCERNS - WRITE YOUR QUESTIONS DOWN ON PAPER BEFORE YOU MEET WITH THE DOCTOR.  You can combine the meetings to one day at the doctor's office; however, your DNA collector willll need to speak to your doctor or his staff prior to the meeting.  Prenatal Paternity Test results are generally returned within 5 - 7 business days after receipt at laboratory.  Prenatal Paternity Tests are COLLECTED on Monday,  Tuesday or Wednesday only due to sensitivity and viability of the Prenatal Samples.

First trimester screening is a combination of a blood test with a special certified ultrasound exam performed when you are between 11 weeks and 13 weeks plus 6 days of pregnancy.  Downs Syndrome babies have an extra number 21 chromosome which occurs in about 1 in 800 live-born babies.  Trisomy 18, an extra number 18 chromosome, causes severe mental retardation and multiple birth defects.  Your blood is analyzed for two proteins called the free-Beta-hcG and PAPP-A (pregnancy associated plasma Protein-A).  The ultra sound test determines the gestational age (how many weeks are you pregnant) of the fetus and measure thea mount of fluid between teh baby's spine and the skin on the back of the neck, which is called the nuchal translucency.  The blood tests and the results from the NT ultrasound are combined to estimate risks of either Downs Syndrome or Trisomy 18.  It is important to understand that these are "screenings" and not "diagnostic" tests.   First trimester screening only provides you with a risk estimate - it does not confirm the presence of Downs syndrome or Trisomy 18.  Diagnostic testing such as the amnio or CVS will be offered to those individuals whose risk estimate is higher than the norm.  Genetic Counselors can provide possible reasons why a pregnancy was found to have an increased risk of chromosomal abnormality and will review your options about further diagnostic testing.  A trained genetic counselor will review your family history, medical history, pregnancy history and help you to interpret your own unique situation and offer choices that are right for your family.

The most important responsibility you have as a pregnant women is to find an OB/GYN you can work with, can communicate with and feel comfortable asking questions.  This is your baby and your pregnancy and irrespective of your relationship with the father of the child - as a women you carry the responsibility of taking care of yourself and your unborn child during these nine months.  If you need to confirm paternity, prior to the birth of your child, prenatal paternity tests are available and can help you to remove any lingering doubts and stress.  Most hospitals in New Jersey offer Maternal Fetal classes to educate you on what to expect during pregnancy, allows you to view the maternity unit where you will give birth to your baby, offers classes to "big" sisters and brothers to give them an idea on how to welcome their new baby and instructions on how to breast feed.  Most of the classes are either free of charge or request a nominal fee but it is a good idea for new moms and dads to participate as the nurses and staff who offer these courses have lots of practice with new babies and new families and can help ease your questions.