Articles Tagged with Children

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Media Release (July 15, 2009) summarizing the case.

Oregon Court of Appeals case: Shineovich V. Kemp (A138013), filed July 15, 2009.

Excerpt: “In this action for declaratory relief, petitioner challenges the constitutionality of two statutes under which a married man is, by operation of law, deemed to be the legal parent of children born to his wife. Petitioner and respondent were in a same-sex relationship for 10 years, during which time respondent twice became pregnant by artificial insemination. After the parties separated, petitioner brought this action, seeking a declaration that she is a legal parent of the two children born to respondent. She asserted that ORS 109.070(1) (2003) and ORS 109.243(1) create a privilege–legal parenthood by operation of law–on the basis of gender and sexual orientation, in violation of Article I, section 20, of the Oregon Constitution. After the parties submitted their pleadings, the trial court dismissed petitioner’s claims for failure to state a claim for relief, and petitioner appeals. We conclude that ORS 109.070 (2003) does not violate Article I, section 20, but that ORS 109.243 does. Accordingly, we reverse and remand.” (read full case)

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Tis the season, apparently, to climb onto an open-air motorized vehicle:

There are state laws:
1) ODOT, DMV, Pocket Bike Guide (PDF)
2) ODOT, DMV Vehicle Index
3) ODOT, DMV Vehicle Violations
4) ODOT, DMV Vehicle Factsheet for Mini-motorbikes and Scooters
5) Oregon Revised Statutes (ORS)

And there are local laws: Contact your city or county law enforcement agency (e.g. police or sheriff) to ask if they have any brochures, training, and websites that have information for riders of these vehicles.

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See recent update (2/10/11), but also click on the Home Alone label at the bottom of this post.

In addition to my new Kids Home Alone in Oregon legal research guide and my rather lengthy previous post, from January 13, 2009, I add these:

1) A corrected link to the “What is the legal age for leaving a child home alone?” information at the Clackamas County Juvenile Department FAQ. This deep link changes periodically so don’t despair. Just hunt around a bit or leave a Comment here and I’ll look for the new link.

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People seeking to divorce often don’t realize how entwined their lives have become, with each other and with the law. It’s hard enough to deal with finances (and the dreaded QDRO) and “telling the children,” but what do you do when the benefited children get their own divorces, and the will doesn’t specify what share, if any, the ex-spouse gets?

A recent article in the April 2009 issue of the OSB Estate Planning and Administration Section newsletter (previous issues of the newsletter are free online) addresses some of these issues and looks at some recent Oregon cases:

How to Avoid Unintended Consequences of Estate Planning in Dissolution Court,” by Lisa Bertalan and Melissa Lande.

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See recent updates (e.g. 2/10/11, 6/15/09), but also click on the Home Alone label in the sidebar.

Some who just left me a Comment on my previous leaving children home alone post asked if there were any laws “about 2, 3 or 4 children being left in one home alone that are just friends or days alone or over night alone?”

I wish there was a simple answer, but there is not. Like a lot of questions about leaving children home alone, if the general information given on the various websites doesn’t answer your question, you may need to consult a “professional.” “Professionals” includes any number of possibilities, from a social worker, to a law enforcement officer to a lawyer.

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Another type of law library question that we, and public libraries, start hearing as the weather gets colder:

Where do I find the law that that says power companies cannot turn power off if you are very poor, have children, or are elderly?


Quick answer, if the utility has been or soon will be turned off:

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IS there Law of the Lemonade Stand? You bet. Read this story from ABC News, Mayor Shutters Children’s Produce Stand For Lack of Permits: Eleven-Year-Old Says Melons, Zucchini Were Her Biggest Sellers, by Sarah Netter, Aug. 21, 2008.

And see this story too: If someone hands you a lemon, get a permit.

The season for lemonade might be winding down, but fall produce is not far behind.

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Please see the Oregon Curfew Laws July 1, 2009, update.

I bet you thought curfews were from the old days (or war-torn countries). Or of the classic corfu/curfew mixup sort (“Curfew will not ring tonight!”) from here).

But these are real curfews – for real children (and parents)!

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See recent updates (e.g. 2/10/11, 6/15/09), but also click on the Home Alone label in the sidebar.

The most frequently sought and read posts here at this blog over the years have been the ones on babysitting and, more to the point, When Can I Leave My Kids Home Alone? (Do you wonder? Parenting is not for the fainthearted.)

My previous post from Feb 2008 is here. Most of the links are still good, including the ones to the City of Albany, Clackamas County (look for the question: What is the legal age for leaving a child home alone?), and the Red Cross (this one on babysitting).

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Bend Bulletin story by Sheila Miller, on January 6th, 2007, “Obscure law keeps Bend father from challenging adoption.

Excerpt from full article:

I think that most men have not a clue how quickly they lose their rights in the state of Oregon,” Dick said. “If you are a male and wish to assert your rights to a child, you should go through every step possible and beyond … so there’s no question.”

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