Women for Family Restoration

Families are made up of individuals who find themselves joined together by the most personal and intimate bonds and who, hopefully, intentionally establish good patterns for that family.  A strong woman is at the heart of a strong family.  

 These five Regent Law students are women of purpose, and are excited to share the passion of promoting and protecting life at all ages and stages.  Married, single, and mothers, as we collaborate together we make a tremendous difference, in our own families, and for helping others to restore their families.  The women in this group have summer internships set up to make a dent in ending the trafficking of women and children, to strengthen and promote adoption through law and policy, to bring restoration to families, and to make a positive difference in family law.  The student body of Regent University School of Law is packed with women making a difference.

Restoring Juveniles in African Systems of Justice

Abigail K. Skeans, Candidate for Juris Doctor 2014  from Regent University School of Law also served as the Justice Programme Administrator, Children Justice Initiative in Uganda, Africa.  She has been researching and studying various juvenile justice systems in Africa during her law school career through the Center for Global Justice and the curricular Child Advocacy Practicum.  Her work is making a difference to children in Africa.

Last semester she worked in a comparative approach to juvenile justice taken in various African nations to determine the best and most restorative approach for children. 

Outlining the law in this area, Abby highlights both international, Ugandan, and Malawian standards of child justice in her research, and works to apply those rules and laws for the best interests of children when those children accused of crimes are often lost in the justice system machinery.  I have written on this before particularly regarding applications of the Convention on the Rights of the Child (CRC) which can be accessed at SSRN, and how important the notion of the best interests of the child ought to be applied to such circumstances.  (An overview of that jurisprudence can be accessed here).

Abby combines all the best regulations for children and a clear application of the rule of law in her global research to present an approach to juvenile law that seeks to build up and restore children even in the context of criminal accusations.  Her conclusions: "Child Justice in Malawi and Uganda will be successful when the various levels of systems can work together in a complimentary way to  address offenses while accounting for the restoration of the offender and the community based on inherent , traditional principles of African justice."  Her work is shared in her power point presentation. 

Children around the world deserve hope to be restored to their community and to their families particularly in the face of being charged with a criminal offense.  A restorative approach can accomplish those goals, and Regent Law is training future lawyers to do just that.  Great work, Abby!  

"The 3 Ms": Master, Mate and Mission as the Key to Priorities for Family Strength

This admirable guest blog post comes from the experience of 2L Regent Law student Jessica Sherman-Stoltz:

In the Fall of 2012 I was in the middle of my first semester of law school.  I was already having a very hard time adjusting to the demands of law school and balancing the needs and demands of my family.  I am a proud military wife and at the time was a busy Mom to four very active boys (soon to be five boys).  My family, my husband in particular, sacrificed much in order to see me fulfill my calling as an attorney.  I felt so much self-induced pressure to do well in law school and not let anyone down.  I felt I needed to prove to all the naysayers that I could do well at law school and balance my home life.  

I was beginning to slip in the area of keeping my family, and my Lord, a priority.  School was quickly taking priority over everything.  I didn't do very well in the midterms that I had my first semester, so I determined that it must be because I wasn't doing enough and that I needed to work even harder at school, thus neglecting my family and my faith even more.  My husband was having to take on an extreme amount of responsibility at home, while already working two jobs, and my one year old didn't want much to do with me at all because I barely had any interaction with him.

One class day, in Christian Foundations of Law, we had a substitute professor, Professor Tessa Dysart.  She gave an amazing devotional on Master, Mate and Mission that I really needed to hear.  She told our class that she had heard the devotion from Professor Lynne Marie Kohm and felt it was important to pass it along to us 1L students.  Boy was she right.  The premise behind Master, Mate and Mission is through everything that we do (and at the present time it was law school for me) to keep our priorities in line with our Master (God) first, Mate (and family) second, and Mission (law school) third.  I began to realize as Professor Dysart was talking  that nothing was going to go well for me in law school if I kept my priorities as they were currently.  I had done the one thing I said that I wasn't going to do, I lost sight of the priority of my Master, who had brought me this far, and my beloved husband and kids, who were still cheering me on.

I determined from that day forward, with God's help and guidance, that I would not let my priorities slip again, even if that meant that I wasn't going to be top of my law school class (which I am far from).  It's not easy, it takes daily perseverance and the grace of God.  I determined that with the Lord's help, and accountability from my husband, that my number one priority would be my Maker, then my husband and sons, then my law school calling.  That would be the only way that I would make it through law school the right way, with my faith and my family intact.  

It's not easy.  The temptation is very strong to burry myself at the library or in my room at any given time, or to overcommit myself to law school activities and functions. There is a strong pull that one should be involved in a certain number of extracurricular activities, in order to make a resume look better, or be more liked and in the "in" crowd. All those activities are wonderful, and great for some to be involved in, but for myself, with high demands at home, they would just take me away from my family even more.  For me, it would require missing my time with the Lord, my kids sporting events, not rocking my little guy before bed at night, or to skipping my date nights with my husband.  

I have begun to realize that without my Master and my family, I have no mission.  My Lord gave me my mission, and my family drives me forward to that goal, and without them, there is nothing.  Every so often, my husband will gently remind me, "remember your 3 M's."  That helps get me back on track.  With the Lord's help, I will graduate from law school in May of 2015, my family will be stronger than ever, and the Lord will use me for His glory as his vessel in our country's criminal justice system. 

A Running Back, a Professor, and an Author: Shedding Light on the Aftermath of Roe

From Guest-blogger and Regent 3^rd Year Law Student Elizabeth Oklevitch

Today marks the end of Sanctity of Life Month, a month designated to commemorate Roe v. Wade. The last month made one thing clear: forty-one years after the Supreme Court handed down the Roe decision, the issue of abortion remains far from settled in American law and culture. Churches across the country took time to recognize National Sanctity of Human Life Day on January 19th, and thousands joined the March for Life in D.C. on January 22nd. Though these events are in some ways "the face" of the pro-life movement, several developments took place in January that shed light on coerced abortion, abortion's relation to women's health, and the deliberations behind Roe, and these developments may prove to have subtle yet lasting impact on the abortion discussion.  

 A lawsuit filed against NFL running back Arian Foster illuminates the ongoing problem of coerced abortions. A Life Site News article explains that the mother of Foster' unborn child is "seeking a restraining order, so the NFL star and his family will stop haranguing her to abort a baby she wants to keep." This may be one of few alleged coercion cases to be litigated, let alone make headlines, but unfortunately, there have been more than a few instances of coerced abortion since Roe. The article notes that the allegations against Foster and his family "are consistent with what pro-life leaders say is a ubiquitous problem: coerced abortion. Post-abortive women have testified that they felt pressured – or in some cases were forced to abort – by parents, boyfriends, ex-boyfriends, husbands, abusers, even policemen." 

While the Foster situation brought awareness to mainstream culture on the issue of coerced abortion, law professor Helen Alvare advanced informed, life-respecting perspectives before federal legislators. In her testimony before a House subcommittee considering legislation on federal funding of abortions, she shared that popular opinion does not support the idea that abortion is a "public good." Although abortion advocates profess to champion the underprivileged, Alvare cited a study finding that women, the less educated, and the poor are more likely to be pro-life than their counterparts. As a second key point, Alvare demonstrated that federal government statements and other sources indicate that abortion is not actually part of a women's health agenda. Frankly, one paragraph in a blog post doesn't do her thoughts justice; check out this summary article, or better yet, take five minutes to watch the video of her testimony. 

 

 

Also in January, Clarke Forsythe gave a presentation on his book, Abuse of Discretion: The Inside Story of Roe v. Wade at The Heritage Foundation. His research delves into the Justices' personal papers, revealing what one review calls the "blend of misinformation, backroom politics, arbitrary logic, and incomplete jurisprudence" that led to "most controversial decision in recent Supreme Court history." Since its release last fall, the book's publicity has included coverage in The Weekly Standard and a review by The Washington Times. As Forsythe's book continues to reach a wider audience, it provokes reconsideration of the quandaries, values, and assumptions underlying legalized abortion's foundational case. 

From the national events to the smaller developments in culture, law, and literature, January was filled with vivid illuminations of the aftermath of Roe. Four decades later, America has not settled into placid acceptance of legalized abortion. Roe has brought to a head conflicts over coerced abortion, abortion's relationship to women's health, and the "jurisprudence" of abortion rights.  Thankfully, these confrontations make it nearly impossible to "settle in." Rather, they provide important perspectives to inform the abortion discussion. Each time one of these issues arises in the news or in everyday life, it sheds light on the true consequences and motivations of Roe and gives an opportunity to speak up, to stand up for freedom rather than coercion, for true public goods rather than agendas parading as "women's health," and for the rule of law rather than "arbitrary logic." In January, a running back, a professor, and an author all helped to expose aspects of the conflicts surrounding Roe; the rest of the year is left to respond to those conflicts in a way that promotes life and fosters restoration of individuals, families, and culture.

Protecting Life Restores Families

From Guest-blogger and Regent 3^rd Year Law Student Jennifer D. Jones, Associate Presiding Officer, Honor Council, and President, Regent Students for Life

“Speak up for those who cannot speak for themselves” – Proverbs 31:8

At Regent University, students are encouraged to consider their professional vocation as a mission, a calling by God.  Students are also urged to be involved in making a difference in their community for the glory of God. Regent University is a special place to obtain an education because it does not provide students with just an education in their field of study; rather, it encourages students to contemplate how they can use their education as a way to minister to society.

One way in which students practice this is through student organizations, such as Regent Students for Life.  This organization is focused on 1) raising awareness on issues surrounding life, primarily the issue of abortion, and 2) encouraging others to allow that knowledge to set a fire in their hearts to be moved into action.  Regent Students for Life desires to be a voice for those who cannot speak for themselves – for the unborn children in the womb.  It seeks to minister to women who are facing a crisis pregnancy through prayer and support.  It takes the position that every single life – born and unborn – is precious, sacred, and ordained by God.

This spring, Regent Students for Life has several exciting events planned to further its objectives, two of which are happening in the month of January. January is a particularly special month for those involved with pro-life activities as it is considered Sanctity of Human Life month.  This is because on January 22, 1973 the Supreme Court of the United States released its infamous decisions on Roe v. Wade and Doe v. Bolton. Through its decisions abortion was legalized, enabling women to claim this as a fundamental right. Ever since then, pro-life organizations and individuals have faithfully spoken up for the rights of unborn children, reminding society that the lives of unborn children are sacred.

First on its agenda, Regent Students for Life is taking a group up to the national March for Life in Washington, D.C. on Wednesday, January 22.  The March was first organized by Nellie Gray the year after the Roe and Doe decisions.  Every year since abortion was legalized, the numbers of those attending the national March for Life have steadily increased.  It is an experience unlike any other as people from all over the nation gather together in support of defending the right to life.

Then on Thursday, January 30, Regent Students for Life will be hosting law chapel.  This chapel is particularly close to the hearts of those involved with Regent Students for Life as they are bringing in Rebecca Kiessling.  Ms. Kiessling, a family law attorney in Michigan, has an incredible story to share about her experience as a survivor of conception by rape. At that time, abortion was illegal as Roe and all the cases that followed had not yet occurred.  Her birth mother wanted to get a back-alley abortion. In fact, her birth mother went two different times to pursue that end, but both times she backed out. Instead, Rebecca Kiessling was given the gift of life and placed for adoption.  Her inspirational story is sure to touch the hearts of all who attend.

Later in the semester the organization will be hosting a baby bottle drive which will raise donations for the Crisis Pregnancy Center of Tidewater. This will be a way in which the students can know they are doing something practical.  It is a tangible way to help provide love and support to mothers facing crisis pregnancies while also supporting the work of a local crisis pregnancy center.

Speaking up for those who cannot speak for themselves – whether through a peaceful march, raising awareness with inspirational speakers, or raising donations – is an essential way in which society restores the family unit.  Abortion hurts the family unit, but through God’s grace there is healing.  Through the power of prayer, everyone who has been hurt from an abortion (babies, mothers, fathers, grandparents, siblings, other family members, physicians, and society as a whole) can be restored to wholeness once again. Together, we can restore families by speaking up and defending the rights of these sacred lives.

Prenuptial Agreements: Divorce Insurance or Insurance from Divorce?

From guest-blogger Rebecca Lawrence, Regent 2L and current Family Law student: 

Between "Will you marry me" and the "I Do's," it is perceived that there is nothing less romantic than the prenuptial agreement. However, is the prenuptial agreement as bad as it is made out to be?

Prenuptial agreements are almost always, though misguidedly, synonymous with divorce. When contemplating a prenuptial agreement, escalating questions regarding belief in the union often commence. "You don't have faith in our relationship?" "You don't think our marriage will last?" "You're already thinking about divorce?" All of these questions boil down to a single and more simplistic one. "You don't trust me?" This supposed lack of trust is then believed to be what causes the need for "divorce insurance" (which has been discussed on this blog before). Such "insurance" creates an idea that when the union "inevitably breaks down" the unhappy party may simplistically dissolve it because the mess of divorce is absorbed by the prenuptial agreement. However, prenuptial agreements aren't necessarily a disgusting expediter for divorce, but instead can be a positive, practical, and even romantic gesture for those who choose to recognize it.

Rather than divorce insurance, the prenuptial agreement can be insurance from divorce. Much different from the separation agreement, the prenuptial agreement is made during a time of adoration and affection where each party truly has the other's best interests at heart. It is during this time that the motives behind the various clauses would be selfless (or at the very least neutral) instead of selfish due to angry and hurt feelings. It is during this time that the parties can truly contemplate what a fair separation of assets and liabilities will be. "We keep what we brought in," "we sell what we acquire jointly and divide it in half," "we share custody of any children," etc. It also creates recognition that no matter how you split it, if a divorce were to happen, each party leaves the table with less than what they had when they were together. Each party leaves with their life forever impacted and less bountiful than it was the day before. Neither party will be able to hug and kiss their child every day. At the end of the day, is it worth it?

When parties come to such a bitter place that divorce is considered, the bitterness is blinding. In those moments of blind anger, it is commonplace that one party, or both, believes they are in "the right" and would be able to leave the marriage with "everything" except their spouse. In those types of situations, a prenuptial agreement can shed light and bring either husband or wife back to ground level. There is no ability to create ideas of grandeur, only the cold reality that when all is said and done, they lose. What they lose is understandably different in each situation, but assuredly they lose. A prenuptial agreement puts focus on what will be lost. Thus, instead of a belief in being able to "cash in the cow," they realize exactly what they will walk away with if they walk away from the marriage and in that stark reality they can ask "is it worth it?" Now the existence of the prenuptial agreement asks "Do I want to give up my life? My property? My kids?" The knowledge of precisely what the future holds allows the parties to weigh and balance their interests. "Would it be more beneficial to my life (and my bank account) to dissolve or resolve our problems?"

With the prenuptial agreement shedding light on the truth of their future, neither party can blindly move forward even if they wanted to. And it is in that forced light that I firmly believe many will no longer think what they gain in a divorce is worth what they lose because of their prenuptial agreement. Demands cannot be made in anger and hurt because of the consideration given when love was abounding. The agreement has the ability to also serve as a reminder of that love and adoration that caused them to look out for each other in the first place. Regardless, no matter the reason, whether it be recognition of what the parties had, have, or will have, it is a fair assessment that the prenuptial agreement can keep the parties away from dissolution instead of facilitating it. Insurance from divorce? Clearly the prenuptial agreement will not have this effect on everyone but just as insurance is never perfect and it doesn't always take effect, it doesn't mean it isn't worth investing in.

Regent Law Students Working toward Family Restoration Around the World

Summer opportunities for Regent law students are directive and confirming of their calling to law and their future practice as attorneys.  This post will highlight three women and the work they did in the Summer of 2013, as well as give some glimpses of their future as lawyers.

Elizabeth Oklevitch is a 3L who served a summer internship in 2012 in South Africa working on aspects of the rule of law and also served as a student law clerk in United States District Court, Western District of New York.  She has sensed a calling to work in the area of child advocacy and family restoration.  This past summer she served in the U.S. Attorney's Office in Rochester, NY, largely working on child exploitation and constitutional law issues.  Read more about her perspective and experiences here.

 Abby Skeans is a 3L who came to Regent Law to gain critical training for her calling to rule of law development work in Sub-Saharan Africa through the Center for Global Justice, Human Rights, and the Rule of Law. Through her internships with a partner organization, Sixty Feet, and stipends provided by the Center, Abby has spent both of her summers serving the juvenile justice systems of Uganda and Malawi.  She has sought systemic reform by supporting a program that gave nearly 150 children access to justice in the past year, developing a database program that is transferable to other African nations, and implementing a legal literacy clinic for juvenile offenders.  Read more about Abby's work here, and on her blog. 

 Heather Pate, also a 3L, has worked as a student intern with the Center for Global Justice, Human Rights, and the Rule of Law and spent last summer in D.C. working with the National Coalition on Adoption in the legislative policy realm protecting children. This past summer, she worked with policy makers and law enforcement officials in Uganda to end child sacrifice in that nation.  Read more about her experiences here.

Each of these women have responded to God's call upon their lives and have been led to incredible opportunities around the world to make a difference for children.  Their desire to see family restoration happen has been turned into action, and they are making a difference now as students.  Each has been prepared to definitely make a difference as lawyers for the rest of their lives.

Key to Child Advocacy for Malawi Juveniles is Restorative Justice

Children in several nations around the globe do not enjoy basic protections of their due process interests when accused of a crime.  Often they sit in jail waiting for an initial hearing for years.  Child advocates can make a difference for them and their families.

Abigail K. Skeans, currently a 3L at Regent Law, is pursuing research in this area of law to protect children in various African nations.  An important aspect of her work has been to determine whether a program of reform for a juvenile law system in one African nation might also work effectively in the legal framework of another African nation.

Skeans worked on such a program to protect juveniles in Uganda, and this spring worked on a feasibility study to determine if the program being implemented in Uganda would also be feasible in Malawi.  She continued her work this summer on site in Malawi. Her work carries an expectation for policy recommendations for both practical legal development programs and legislative reform.  See her presentation here.

Some practical programs and documents might be beneficial in the Malawain context, her work hopes to accomplish several objectives. Some of those include:

1) developing an electronic child information tracking system in a nation that is largely without birth certificates for most children;

2) determining whether a restorative justice component and diversion programs coupled with an emphasis on plea bargaining in formal juvenile proceedings would be of assistance;

3) social service protections; and

4) providing legal protections for children in conflict with the law.

Protecting children around the globe is an important, but extremely challenging, objective. An attitude of family restoration and restorative justice can make a tremendous difference in the lives of children in Africa.

Transforming Child Welfare for Restoration of Families

The welfare of children has been a concern of Americans for centuries.  That concern manifested itself in the 20th century as a large bureaucracy of administrative agencies who knew better than parents and families what was best for children.  But child welfare reform is taking place now in the 21st century.

While traditional child welfare work involved mostly agency action, Crystal Foster has worked with the Annie E. Casey Foundation on her research for the Child Advocacy Practicum last spring, developing an understanding of how children can be best protected.  See her presentation here.

The 21st century ideas about child welfare maintain child safety as the primary concern.  A major federal law in favor of that trend was the Adoption and Safe Families Act of 1997 (ASFA), promoting the adoption of children into forever families from foster care.  Child Welfare Agencies now use a family-centered, rather than an agency-centered, focus for children.  The focus ensures the safety and protection of children while preserving and supporting families. 
  

This focus brings a team of players together to help determine the least traumatic situation to promote a child's best interests.  That means that caseworkers, family members, the child, friends, relatives, neighbors, teachers, clergy and counselors all work together toward the solution.  It also means that families are a resource, and anytime a child can be cared for by kin and relatives, that is preferred.

Transforming child welfare for the restoration of families for children will take time, but it is well on its way.  Children deserve our best efforts in the 21st century.

Social Security and Family Restoration

Social security is a program that nearly every individual in the United States will participate in at some point in their lives.  The benefits generally provide support for disabled, needy, or elderly individuals.  These provisions have gained such importance that the colonial-era of charitably providing for those in need is losing importance. 

This is particularly important in the context of an aging American demographic where many seniors become impoverished in their reliance on social security benefits.  Are government provisions for the elderly preferable to private charity when poverty prevails in developed countries?  That's the question that Regent 3L Rebekah Deuel-Jones asks in her article and accompanying presentation entitled "Social Security Reform: Keeping the Promise to the Elderly Population."  She writes:

The duty of fellow man to care for the poor, disabled, and elderly is hardly a newly acquired responsibility.  The Bible contains a myriad of references to identify this need to care for the “least of these,” and further details the corresponding duty of Christians to care for the needy. The Bible also contains specific commandments regarding elder care, including that Believers '[s]tand up in the presence of the aged, [and] show respect for the elderly. . . .'  Finally, Christians have an elevated duty to care for their elderly parents and grandparents as the same is 'pleasing in the sight of God.'

These commandments continued to be heeded even through early colonial times.  Family relationships were the key opponent of poverty, whether the care-giving family be of biological relation to the individual in need, or merely members of the same tight-knit community. In the stead of the state, both individual citizens and the church assumed the primary duty to care for the needy and did so with a moral emphasis:  charity was to be provided to those members of the community who met their own responsibilities, yet had fallen on hard times.  Private charities and local governments supplemented this care through assistance of in kind gifts to those in need, as well as direct monetary reimbursements to those who took in elderly and orphans of no blood relation. These practices continued on throughout the eighteenth and nineteenth centuries, but slowly lost momentum as America became industrialized and the community spirit became decreasingly prevalent in localities as the national government grew in size and strength.

Though with modernity society advanced in many ways, it took several steps backward in other ways.  In his 1990 State of the Union Address, President George H.W. Bush directed his attention to elderly Americans, stating, 'To every American out there on Social Security, to every American supporting that system today, and to everyone counting on it when they retire, we made a promise to you, and we are going to keep it.' The promise to which President Bush refers was first made in 1935 through the establishment of the Federal Old-Age and Survivors and Disability Insurance (OASDI) Trust Funds by the Social Security Act.  Designed to care for the elderly in the wake of the Great Depression when communal care for the elder was not possible as the resources of private citizens had been compromised, this promise has continuously been renewed for every elderly generation since that of the 1930’s.

The original Act was arguably necessary to care for members of the elderly population who had lost their life savings in the 1929 market crash.  The need created for those elderly affected by the market crash has come and gone with the passing of that generation, yet the practices established to care for the current elderly population remain the same with no shift back to the pre-Depression system of voluntary communal care. 

Subsequent elderly generations remain in financial need, and must derive their post-retirement financial shortages from a different source in the absence of a market crash.  Why do members of post-depression era generations still require post-retirement support beyond their own means?  Is the answer as simple as the known fact that communal care for the elderly is no longer prevalent?

To determine why this need still exists despite a stable market, this article will compare the sources of post-retirement income, both prior to 1935 and after, including charitable giving, family contributions, supplements made by the church, and benefits provided by employers and the government.  It will further discuss the historical background surrounding OASDI as well as alternative methods to support the elderly utilized by foreign nations to offer a remedy to the anticipated collapse of the Social Security system as Americans today know it.  Finally, it will offer suggestions to reform the Social Security system, taking into consideration the financial responsibility for elder care placed upon both the elderly and the general population; the burden placed upon the government to most efficiently and effectively care for the elderly; and the psychological consequences of disallowing Americans to make personal choices with regard to Social Security payroll taxes and subsequent government funded benefits.  Elderly poverty cannot be solved through government provisions alone.

Family restoration calls for a special concern for poverty, and particularly poverty among elderly family members.  Government reliance is not always the best solution.  Charity is the beginning of better solutions for such problems to strengthen individuals, families, and nations.

Families and Grandparents

Families are sometimes comprised of generations of people caring for each other. Those family members who care for children may not be limited to mom and dad, but may include grandparents.  The value grandparents can play in the growth and development of grandchildren is significant.

Nationwide, 75 percent of the elderly are grandparents. With fractured family units on the rise, grandchildren are increasingly living with their grandparents. Florida has the highest population and percentage of population of people over the age of 65 in the entire United States.  Zachary Battles, Regent Law rising 3L, planning to practice law in Florida upon graduation and licensing, discussed his concerns for the wonderful aspects of the relationships between grandparents and grandchildren in his recent article on grandparents visitation rights.  He writes:

“One would think that the state with the largest population of grandparents would have the most favorable laws to protect grandparents’ rights; one would be sorely mistaken. Thanks to Supreme Court decisions on the national and state level, the current state of Florida law provides almost no protections for grandparents’ rights to visit and have a relationship with their grandchildren. Parents can simply deny all visitation with grandchildren simply by saying ‘no’, and beyond proof of abuse, grandparents have no legal recourse. Despite decades of legislative attempts to rectify the situation, the Florida Supreme Court has repeatedly struck down statutes that attempt to give legal significance to the unique family tie found between grandparents and their grandchildren.” 

His article argues that “Florida needs a constitutional amendment that will safeguard the fundamental liberty of parents to raise their children free from government interference, while at the same time protecting the important rights of grandparents in having a relationship with their grandchildren.”  In Part I he outlines the history of the problem, in Part II he analyzes the practical impact of the problem from both a biblical and policy perspective, and in Part III he sets out a proposed solution and the rationale behind such a policy. Mr. Battles' presentation based on his article can be viewed here. 

Grandparents can be a part of restoring a family by caring for grandchildren.  These valuable intergenerational relationships can change a child’s future and can be a significant aspect of family restoration.

Medicaid and Health Care Reform for Family Restoration

As people age, families make adjustments economically, socially, and in health care.  Health care and Medicaid eligibility becomes a consideration.  Aging family members need information and family support to freely make those important decisions.

Bryon Ackerman, Regent Law 2013 Graduate, studied Medicaid law as it relates specifically to Arizona residents in his recent research for a course in Elder Law.  His findings and analysis are helpful for any family as they consider the need for Medicaid assistance.  His presentation can be viewed here.  You can read a portion of his article entitled "What You Need to Know About Medicaid" here.

Many changes are coming to the Medicaid program through Congress's passage of the Affordable Care Act.  Also in Elder Law last semester Ryan Hofman, Regent Law 2013 Graduate, researched the effects of the new health care law on the elderly and their families.  He considers the philosophical underpinnings of the Act, concluding that utilitarian theory may underlie the legislation, noting "a disturbing trend in modern medical thinking that will have a significant impact on today's elderly population."  Hofman's presentation can be viewed here.  His article provides a solid introduction to the Affordable Care Act, describing the concept of utilitarianism and its relation to the medical field, and giving a Biblical perspective on utilitarianism.  The article then offers evidence that the Act will  potentially promote utilitarian practices that will negatively affect the elderly and their families, but also considers some potential methods for dealing with this possibility.  Hofman's article attempts to answer whether there will be inequality in health care rationing based on utilitarian precepts.  The introduction to his well written article can be viewed here.

Family strength provides a safe environment for elderly family members moving toward health care concerns and Medicaid consideration.  Family restoration allows for those aging family members to be protected while moving through the seasons of life.

Pets, Seniors, and Elder Housing

Jennifer M. Brown (Regent Law J.D. Candidate 2014) researched the issue of senior housing prohibitions on pets to determine what fosters the best interests of the elderly. Seniors without family members may benefit from amended laws on pets.  

The correlation between companion animals and the elderly and their quality of life has been recognized by numerous scientific reports.  Brown asks whether changing an animal's status from pet to companion animal and expanding the definition of emotional support and service animal to include companion animals would help to alleviate discrimination against the elderly when they are denied suitable, affordable housing because of their companion animals that provide psychological and emotional support not related to a disability.  Her research discusses housing laws and trends for seniors, pet policies of assisted housing, and the connection between pets and elderly well-being. 

She writes, "The use of animals to help rehabilitate those with disabilities or illnesses dates back to ancient Greece, when horseback riding was used to raise the spirits of the ailing.  Use of companion animals to increase mobility and emotional dependence contributed to heightened public attention and support for organizations to train more animals and implement more programs for the disabled.  The increased visibility also caused a strong push for lawmakers to recognize the benefits of these programs and to provide support and protection for the disabled and their service pets. While all States and the District of Columbia have implemented policies to protect disabled individuals with service animals against discrimination to access public facilities and housing, those policies were limited to only cover guide and hearing dogs. It was not until 1973 when Federal Legislation created Section 504 of the Rehabilitation Act, and again in 1988 when it created the Fair Housing Amendments Act (FHAA), that anti-discrimination protection extended to the disabled and their use of service animals was clarified. "  Brown considers relevant statutory code to unpack the concerns for elderly surrounding this issue.

Today, the emotional bond between human and pet has intensified to where owners now prefer the term “animal guardian,” and refer to their “companion animal” or “family member” instead of “pet.” According to the American Pet Products Association’s National Pet Owner Survey taken between 2011 and 2012, with the total number of U.S. households estimated at 117.5 million; around 38.9 million households have cats and around 46.3 million have dogs. Companion animals, though not human or legal family, have always been recognized as beneficial to their human owners. 

Brown argues that pets bring joy, entertainment, and love, and studies have shown that pets also contribute significantly to the physical and emotional well-being of humans by creating a positive effect on the owner’s health, both directly and indirectly, and that recognition of the correlation between animals and their therapeutic effect on humans have been and should be widely recognized.  You can read the introduction to her article here and view her presentation based on the article here. 

A pet as part of a senior's family could make a difference.

Nursing Homes, Family Restoration, and the Household Model

Earlier this year a frightening event occurred in a nursing home when a woman fell into cardiac arrest, and a 911 call recorded the facts that no one at the nursing home was authorized to provide CPR for the resident.  See the full story from Fox News.  

Knowledge and awareness are critical for elderly family members making health care and residential decisions.  Daryl Hayott, Regent Law 2013 Graduate, investigated the major factors in making an informed choice for nursing homes.  His presentation can be viewed here, and his fine article can be read  here.  Nursing home knowledge is key in the residential care decision making process.

A new alternative to a traditional nursing home is a residential facility that follows the household model.  John Dooley, Regent Law Graduate 2013, researched this area of elder law.  He writes, 

With the number of "Baby-Boomers" reaching retirement age, the long-term care industry has never been more relevant in the national consciousness as it is today. Long-term care facilities have come under a good deal of scrutiny in the past few years, not only on the basis of their financial accountability and marketing practices, but also for the care and environment they provide for residents. The term "nursing home" often elicits an almost visceral reaction from the general public, and often the image painted is one of the sterile medical environment, fluorescent lit hallways filled with wheelchairs, and those wheel chairs filled with patients whose medications have left them slumped over, incontinent, and incomprehensible. While this reaction is not entirely unfair, and while sadly it does reflect some of the environments that still exist, particularly for lower income elderly residents, the long-term care industry has been making strides towards a different approach to elder care. This change began to really grow feet in the 1980's, and the concept of retirement communities and long-term care communities truly took shape. Although long-term care homes had been in place since the early years of American history, most of these homes were church-run charitable organizations. The idea of the retirement community was the health care industries' response to a growing need for marketable care and mounting criticism of the lack of dignity preserved for residents of the traditional nursing home. ... The newest model of care is called the "Household Model." This model of care is meant to minimize the institutional aspects of long-term care, and create a closer proximity to a free-standing home environment that more closely mirrors the home environment the resident may have had prior to entering the facility. This model has a lot of positive attributes and has met with tremendous success in certain facilities.

You can read the entire article here.  

This type of knowledge is helpful and directive in making critical care decisions.  Elderly family members deserve support and assistance from their families in making these life-changing residential decisions.  

The Political Science of Family Fragmentation

The interface between political science and family law and policy offers the opportunity to consider how government family support interacts with the occurrence of family fragmentation. We presented this research at the Midwest Political Science Association Annual Conference last weekend in Chicago. 

            The current dramatic rise in government support for fragmented families over the last several years allowed us to introduce a statistical study of human behavior within families as an aspect of politics. This research was more controversial than expected, as the participants and attendants to our panel were not pleased to learn the facts regarding the costs of family fragmentation. Observing the political aspects of individual or family behavior in the context of government support identified patterns of family breakdown and a lack of family formation.  It is understandable that some might take these descriptive generalizations personally, rather than appreciate a full discussion of these facts as a political hypothesis.

            This research was originally published by Lynne Marie Kohm and Rachel K. Toberty in the Regent University Law Review, and is entitled, A 50 State Survey of the Cost of Family Fragmentation, 25 Regent U. L. Rev. 25 (2012)(detailing that statistical analysis on a state by state basis).  The article is also available at the Social Science Research Network at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2205349.

            Though the family welfare system in the United States is designed to bridge expense gaps created by family fragmentation, this process of support tends to result in increased reliance on state funds by broken families. Now firmly established as a regular part of states’ budgets, observing these trends reveals that federal and state resources offered to assist fragmented families restrict those recipients and their children by the very benefits designed to assist them. (See e.g. Derek Neal, The Economics of Family Structure, copyright 2001, National Bureau of Economic Research, Cambridge, MA, SSRN Working Paper 8519, (October 2001), http://www.nber.org/papers/w8519 (discussing marriage rate theories, existing literature, and a developed economic theorem that describes the recent demographic phenomenon of never-married mothers).)  

            The small otherwise bankrupt town of Woonsocket, Rhode Island provides an example of how this phenomenon occurs.  Woonsocket has a local economy based solely and completely on government support.  A third of its residents use the Supplemental Nutrition Assistance Program (SNAP), which was formerly known as food stamps.  At precisely midnight on the first of every month Woonsocket experiences its monthly financial windfall of nearly two million dollars, deposited on residents’ Electronic Banking Transfer cards (EBTs), which then flows to grocery stores and sundry establishments throughout the town, operating its local economy for the next 20-30 days.  According to the Washington Post in an article by Eli Saslow entitled Monthly Boom and Bust Cycle dated March 16, 2013, available at http://www.washingtonpost.com/national/food-stamps-put-rhode-island-town-on-monthly-boom-and-bust-%20%20cycle/2013/03/16/08ace07c-8ce1-11e2-b63f-f53fb9f2fcb4_story.html, “a federal program that began as a last resort for a few million hungry people has grown into an economic lifeline for entire towns.” Woonsocket is not alone, but many residents in many towns and cities across the United States live off government support like SNAP, which is directly loaded onto individual EBT cards and used at will by average Americans.  In fact, EBT has been accepted for some time at local bars, strip clubs, and other establishments unrelated to general health and welfare. See Welfare Recipients Take Out Cash at Strip Clubs,FoxNews.com, Jan. 1, 2006, also available at http://www.foxnews.com/us/2013/01/06/welfare-recipients-take-out-cash-at-strip-clubs-liquor-stores/?test=latestnews.

            According to the Congressional Budget Office (CBO), one in seven U.S. residents received SNAP (food stamps) in 2011. At the end of 2012 one in four residents were relying on SNAP. Government support makes up one third of U.S. wages. Government resources support nearly 40 million people.  This support is observable in broken households or never formed families, and according to family law scholar Stephanie Coontz is creating “a nation of welfare families.” For an examination of how the federal benefits work with state implementation, see Gina Adams, Pamela A. Holcomb, Kathleen Snyder, Robin Koralek, and Jeffrey Capizzano, Child Care Subsidies for TANF Families: The Nexus of Systems and Policies, at Urban.org (Apr. 10, 2006), also available athttp://www.urban.org/publications/311305.html.

            These programs are designed to provide assistance for families.  Operatively, however, they have worked to trap those families in government dependence, and near poverty.  Government reliance inadvertently tends to create a cycle of poverty embedded in family fragmentation as it serves as a disincentive to become part of an intact and stable family.  “Experts estimate that for most couples receiving public assistance, getting married will reduce their benefits by 10% to 20% of their total income.”  See Eve Tushnet, “A Choice Between Feeding Your Children or Getting Married,” First Things, Feb. 27, 2013, at http://www.firstthings.com/blogs/firstthoughts/2013/02/27/a-choice....   Thus, government welfare is creating further family fragmentation, and greater dysfunctional reliance, albeit unintentionally.

            On the other hand, strong families are part of the fabric of a healthy and strong society. Intact families are generally not in need of support as economic resources of the united family members are used to support the family.  Family restoration is the best solution to these concerns.  When families are strong, society is strongest, and stabilized; the outcome is that communities and families do not require government intervention. Strong families cost government less.

            Interactions between political science and family law and policy reveal how government family support fosters and perpetuates the occurrence of family fragmentation. The current dramatic rise in government support for fragmented families over the last several years demonstrates clearly that human behavior within families is a critical aspect of politics.  Curbing family reliance on government through marriage and family restoration, however, would serve to increase family stability.