Records: Missing boy exposed to drugs, abuse
Court records reveal details of day Sylar Newton disappeared
by Jerome Parra - Aug. 20, 2010 10:38 PM
12 News
The 2-year-old boy who vanished from a campground near Sedona in July and is presumed dead may have ingested drugs and been physically abused on the day he disappeared, new court records show.
Search warrants obtained by 12 News include statements taken from Sylar Newton's custodial mother Christina Priem, and her mother, Nancy Collins.
Documents show Collins admitted to smoking marijuana on July 24, the day Sylar was last seen alive. Collins also told deputies Sylar got into her purse and swallowed a prescription muscle relaxant. Priem's 11-year-old daughter told detectives she could not wake up Sylar later that day. Drowsiness is a listed side effect of the medication.
Read more: http://www.azcentral.com/12news/news/articles/2010/08/20/20100820sylarcourtrecords.html#ixzz0xTXt7QgG
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Monday, August 23, 2010
Sunday, August 22, 2010
Gran feels duped by social services-She should be thankful she has her grandson
Gran feels duped by social services
She should be thankful she has her grandson. They'll be stealing him next!
Aug 22 2010 Sunday Sun
A LOVING grandmother looking after her grandson has criticised social services for not giving enough support.
Gwen Robson looks after the lad permanently.
But she has attacked social services in Northumberland for not providing financial help when they assist some other grandparents.
She claims she was persuaded to become a special guardian on the understanding that some help would be provided.
But, apart from the temporary provision of a nursery and some occasional help, she has been left to get on with it.
http://www.sundaysun.co.uk/news/mr-justice-consumer-advice/2010/08/22/gran-feels-duped-by-social-services-79310-27110077/
She should be thankful she has her grandson. They'll be stealing him next!
Aug 22 2010 Sunday Sun
A LOVING grandmother looking after her grandson has criticised social services for not giving enough support.
Gwen Robson looks after the lad permanently.
But she has attacked social services in Northumberland for not providing financial help when they assist some other grandparents.
She claims she was persuaded to become a special guardian on the understanding that some help would be provided.
But, apart from the temporary provision of a nursery and some occasional help, she has been left to get on with it.
http://www.sundaysun.co.uk/news/mr-justice-consumer-advice/2010/08/22/gran-feels-duped-by-social-services-79310-27110077/
What is Family Preservation? (Somebody Needs to tell CPS/DCYF-They have no CLUE)
* "Every child has the right to know and be cared for by his or her own parents, whenever possible. UNICEF believes that families needing support to care for their children should receive it." UNICEF
* The Uniform Adoption Act calls for the protection of "minor children against unnecessary separation from their birth parents."
* “Adoption experts concur that we need to transform... adoption... into a social service in which payments by adoptive parents play no part.” Elizabeth Samuels, Time To Decide? The Laws Governing Mothers’ Consents To The Adoption of Their Newborn Infants. 2005, Tenn. L. Rev. 509
“Regrettably, in many cases, the emphasis has changed from the desire to provide a needy child with a home, to that of providing a needy parent with a child. As a result, a whole industry has grown, generating millions of dollars of revenues each
year . . .” United Nations, Commission on Human Rights, 2003.
What is Family Preservation?
"Children have rights. These rights are laid down essentially in the United Nations Convention on the Rights of the Child
and in the Hague Convention on the Protection of Children.
Children and their biological parents have a right to respect for their family life." Adoption:at what cost? 2007 Terre des hommes – child relief, Lausanne, Switzerland
"Every child has the right to know and be cared for by his or her own parents, whenever possible. UNICEF believes that families needing support to care for their children should receive it." UNICEF
The Uniform Adoption Act calls for the protection of "minor children against unnecessary separation from their birth parents."
“Regrettably, in many cases, the emphasis has changed from the desire to provide a needy child with a home, to that of providing a needy parent with a child. As a result, a whole industry has grown, generating millions of dollars of revenues each year . . .”
United Nations, Commission on Human Rights, 2003.
Article 7, U.N. Convention on the Rights of the Child"The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents."
Article 8
"Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity."
Article 9
"States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests."
-------------------------------------------------------------------------
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights (http://www.un.org/Overview/rights.html).
They include:
• Article 12. - No one shall be subjected to arbitrary interference with his privacy, FAMILY, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
• Article 16(3) - The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
• Article 25(1) - Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
----------------
Every child born has an inalienable right to remain safely with the mother and/or father who conceived and/or bore him/her, as well as to know any other genetic/DNA contributors.
Every expectant mother has the right to protect, care for and maintain her bond with her child and deserves every possible opportunity, resource, option, and help to do so.
Every mother and father, regardless of age, race, marital status, finances, or physical disadvantage has the right to parent their child above any others. This connection should not be severed without due cause for the protection and safety of the child, and only after all means of addressing the problems of the family unit have been exhausted.
Placing a child in the care of adults to whom the child is not related is a last resort option to be used only when there are no extended family members able and willing to provide care for the child related to them. If and when such care is necessary, the child requiring such care should be immediately appointed a court-appointed guardian ad litem to ensure the best interest of the child is placed at the forefront of identifying appropriate substitute family care.
It is not in best interest of children placed with non-family members to be deprived of their names or their connection with their original family. They should be allowed unlimited visitation and contact with all blood relatives, with necessary supervision to prevent harm when deemed by the court as necessary. Depriving a child access to visitation with any blood relatives should be punishable by law.
Mothers and fathers in crisis need to receive objective family-centered option counseling and all the resources, referrals, and support needed to remain as an intact family and protected from fraud, coercion and exploitation for the purpose of separating them from their child.
Mothers and fathers of a child requiring substitute care should be provided separate legal counsel to be fully aware of their rights and recourse. Such counsel should be paid for by a tax or fee paid into a general fund and not directly from substitute guardian to the child's parent.
Children are not commodities, and no profit should be made by any individuals or agencies involved in necessary custodial placements for children in need.
No policies that promote or encourage the separation or abandonment of parent a child are consistent with a moral culture.
Current adoption practice focuses on filling the demands of paying clients who seek infants, instead of focusing on the best interest of vulnerable children. The privatization of American infant adoption has turned what once was a social institution for providing care of orphans and children who have no parents - into a multi-billion dollar unregulated industry run by untrained, unlicensed, unregulated practitioner/baby brokers and intermediaries whose livelihood is dependent on the redistribution of children with non-related strangers.
Worldwide 80-90% of children in orphanages are NOT orphans, but have family who visit and hope to be reunited, as was was the case with both children adopted by Madonna. "Rescuing" children through international adoption, one by one, does nothing to ameliorate the poverty of their families, their village or their nation. Neither does it help reduce the number of children in American foster care.
Family Presrvation does NOT advocate:
forcing any mother who does not want her child to parent said child.
allowing children to remain in abusive or severely neglectful homes or dangerous situation
http://familypreservation.blogspot.com/p/what-is-family-preservation.html
* The Uniform Adoption Act calls for the protection of "minor children against unnecessary separation from their birth parents."
* “Adoption experts concur that we need to transform... adoption... into a social service in which payments by adoptive parents play no part.” Elizabeth Samuels, Time To Decide? The Laws Governing Mothers’ Consents To The Adoption of Their Newborn Infants. 2005, Tenn. L. Rev. 509
“Regrettably, in many cases, the emphasis has changed from the desire to provide a needy child with a home, to that of providing a needy parent with a child. As a result, a whole industry has grown, generating millions of dollars of revenues each
year . . .” United Nations, Commission on Human Rights, 2003.
What is Family Preservation?
"Children have rights. These rights are laid down essentially in the United Nations Convention on the Rights of the Child
and in the Hague Convention on the Protection of Children.
Children and their biological parents have a right to respect for their family life." Adoption:at what cost? 2007 Terre des hommes – child relief, Lausanne, Switzerland
"Every child has the right to know and be cared for by his or her own parents, whenever possible. UNICEF believes that families needing support to care for their children should receive it." UNICEF
The Uniform Adoption Act calls for the protection of "minor children against unnecessary separation from their birth parents."
“Regrettably, in many cases, the emphasis has changed from the desire to provide a needy child with a home, to that of providing a needy parent with a child. As a result, a whole industry has grown, generating millions of dollars of revenues each year . . .”
United Nations, Commission on Human Rights, 2003.
Article 7, U.N. Convention on the Rights of the Child"The child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality and. as far as possible, the right to know and be cared for by his or her parents."
Article 8
"Where a child is illegally deprived of some or all of the elements of his or her identity, States Parties shall provide appropriate assistance and protection, with a view to re-establishing speedily his or her identity."
Article 9
"States Parties shall respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis, except if it is contrary to the child's best interests."
-------------------------------------------------------------------------
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights (http://www.un.org/Overview/rights.html).
They include:
• Article 12. - No one shall be subjected to arbitrary interference with his privacy, FAMILY, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
• Article 16(3) - The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
• Article 25(1) - Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. (2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
----------------
Every child born has an inalienable right to remain safely with the mother and/or father who conceived and/or bore him/her, as well as to know any other genetic/DNA contributors.
Every expectant mother has the right to protect, care for and maintain her bond with her child and deserves every possible opportunity, resource, option, and help to do so.
Every mother and father, regardless of age, race, marital status, finances, or physical disadvantage has the right to parent their child above any others. This connection should not be severed without due cause for the protection and safety of the child, and only after all means of addressing the problems of the family unit have been exhausted.
Placing a child in the care of adults to whom the child is not related is a last resort option to be used only when there are no extended family members able and willing to provide care for the child related to them. If and when such care is necessary, the child requiring such care should be immediately appointed a court-appointed guardian ad litem to ensure the best interest of the child is placed at the forefront of identifying appropriate substitute family care.
It is not in best interest of children placed with non-family members to be deprived of their names or their connection with their original family. They should be allowed unlimited visitation and contact with all blood relatives, with necessary supervision to prevent harm when deemed by the court as necessary. Depriving a child access to visitation with any blood relatives should be punishable by law.
Mothers and fathers in crisis need to receive objective family-centered option counseling and all the resources, referrals, and support needed to remain as an intact family and protected from fraud, coercion and exploitation for the purpose of separating them from their child.
Mothers and fathers of a child requiring substitute care should be provided separate legal counsel to be fully aware of their rights and recourse. Such counsel should be paid for by a tax or fee paid into a general fund and not directly from substitute guardian to the child's parent.
Children are not commodities, and no profit should be made by any individuals or agencies involved in necessary custodial placements for children in need.
No policies that promote or encourage the separation or abandonment of parent a child are consistent with a moral culture.
Current adoption practice focuses on filling the demands of paying clients who seek infants, instead of focusing on the best interest of vulnerable children. The privatization of American infant adoption has turned what once was a social institution for providing care of orphans and children who have no parents - into a multi-billion dollar unregulated industry run by untrained, unlicensed, unregulated practitioner/baby brokers and intermediaries whose livelihood is dependent on the redistribution of children with non-related strangers.
Worldwide 80-90% of children in orphanages are NOT orphans, but have family who visit and hope to be reunited, as was was the case with both children adopted by Madonna. "Rescuing" children through international adoption, one by one, does nothing to ameliorate the poverty of their families, their village or their nation. Neither does it help reduce the number of children in American foster care.
Family Presrvation does NOT advocate:
forcing any mother who does not want her child to parent said child.
allowing children to remain in abusive or severely neglectful homes or dangerous situation
http://familypreservation.blogspot.com/p/what-is-family-preservation.html
Rash of judges stepping down after misconduct
Rash of judges stepping down after misconduct
By Bill Torpy and Bill Rankin brankin@ajc.com
The Atlanta Journal-Constitution
One sent a message over Facebook to a criminal defendant, saying he’d give her behind-the-scenes advice on her case. Another was caught having sex in a parked car with the public defender assigned to his courtroom. Another inappropriately touched a prosecutor and investigator after they sat in his lap posing for a photo.
Staff 2005 photo After hearing from the Judicial Qualifications Commission, Fayette County Judge Johnnie Caldwell resigned this year amid allegations he repeatedly sexually harassed a female attorney.
Related
These were not defendants. All three were chief judges in their circuits with decades on the bench.
Since 2008, at least 16 judges across the state have resigned under duress, most recently two veteran chief judges from Cobb and Fulton counties. Some stepped down under a cloud of suspicion. Others left amid scandal or even outright criminality.
Allegations include sexual improprieties, harassment, voter fraud, giving state computers to family members and gross intemperance on the bench.
Why is there so much disorder in the courts?
“This is the worst rash of judicial misconduct I’ve ever seen,” said former Georgia Supreme Court Chief Justice Norman Fletcher. “There have been far too many, and it doesn’t reflect well on the judiciary. You can’t explain some of this conduct.”
http://www.ajc.com/news/rash-of-judges-stepping-596966.html
By Bill Torpy and Bill Rankin brankin@ajc.com
The Atlanta Journal-Constitution
One sent a message over Facebook to a criminal defendant, saying he’d give her behind-the-scenes advice on her case. Another was caught having sex in a parked car with the public defender assigned to his courtroom. Another inappropriately touched a prosecutor and investigator after they sat in his lap posing for a photo.
Staff 2005 photo After hearing from the Judicial Qualifications Commission, Fayette County Judge Johnnie Caldwell resigned this year amid allegations he repeatedly sexually harassed a female attorney.
Related
These were not defendants. All three were chief judges in their circuits with decades on the bench.
Since 2008, at least 16 judges across the state have resigned under duress, most recently two veteran chief judges from Cobb and Fulton counties. Some stepped down under a cloud of suspicion. Others left amid scandal or even outright criminality.
Allegations include sexual improprieties, harassment, voter fraud, giving state computers to family members and gross intemperance on the bench.
Why is there so much disorder in the courts?
“This is the worst rash of judicial misconduct I’ve ever seen,” said former Georgia Supreme Court Chief Justice Norman Fletcher. “There have been far too many, and it doesn’t reflect well on the judiciary. You can’t explain some of this conduct.”
http://www.ajc.com/news/rash-of-judges-stepping-596966.html
Friday, August 20, 2010
Former Yolo County CASA director arrested on suspicion of theft, embezzlement
Former Yolo County CASA director arrested on suspicion of theft, embezzlement
By JAMES NOONAN / Daily Democrat
Created: 08/13/2010 02:32:09 AM PDT
A wooden sign in the shape of a child in Heritage Park in Woodland, advertising a child in need of a court-appointed special advocate. (Deo Ferrer/ Democrat)
Despite a breaking scandal regarding embezzlement charges levied against their former executive director, representatives from Yolo's Court Appointed Special Advocates will continue their work undaunted.
"The real heart of this organization is our volunteers," said Mary Patricia Whelan-Miille, vice president of Yolo CASA's Board of Directors. "We're going to keep going and we'll get through this. We're determined that this will not reduce the function of our organization."
Acting on a tip from the CASA officials, Woodland police arrested the nonprofit's executive director, Claudean Medlock, 54, of Carmichael, on Wednesday.
Accusations against Medlock include embezzlement, burglary and grant theft.
According to police, Medlock -- who had served as executive director since July 2009 until being removed after the allegations surfaced -- had been using her company debit card to make numerous withdrawals from CASA's account between April and July this year.
The stolen money was allegedly being used to gamble at four casinos in the region.
Read the entire article at:
http://www.dailydemocrat.com/ci_15767160?source=most_viewed
By JAMES NOONAN / Daily Democrat
Created: 08/13/2010 02:32:09 AM PDT
A wooden sign in the shape of a child in Heritage Park in Woodland, advertising a child in need of a court-appointed special advocate. (Deo Ferrer/ Democrat)
Despite a breaking scandal regarding embezzlement charges levied against their former executive director, representatives from Yolo's Court Appointed Special Advocates will continue their work undaunted.
"The real heart of this organization is our volunteers," said Mary Patricia Whelan-Miille, vice president of Yolo CASA's Board of Directors. "We're going to keep going and we'll get through this. We're determined that this will not reduce the function of our organization."
Acting on a tip from the CASA officials, Woodland police arrested the nonprofit's executive director, Claudean Medlock, 54, of Carmichael, on Wednesday.
Accusations against Medlock include embezzlement, burglary and grant theft.
According to police, Medlock -- who had served as executive director since July 2009 until being removed after the allegations surfaced -- had been using her company debit card to make numerous withdrawals from CASA's account between April and July this year.
The stolen money was allegedly being used to gamble at four casinos in the region.
Read the entire article at:
http://www.dailydemocrat.com/ci_15767160?source=most_viewed
United States Code TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 7 - SOCIAL SECURITY
United States Code
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
PART E - FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE
U.S. Code as of: 01/19/04
Section 671. State plan for foster care and adoption assistance
(a) Requisite features of State plan
In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which -
(1) provides for foster care maintenance payments in accordance with section 672 of this title and for adoption assistance in accordance with section 673 of this title;
(2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, or supervise the administration of, the program authorized by this part;
(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this subchapter, under subchapter XX of this chapter, and under any other appropriate provision of Federal law;
(5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the programs, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods;
(6) provides that the State agency referred to in paragraph (2) (hereinafter in this part referred to as the "State agency") will make such reports, in such form and containing such information as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports;
(7) provides that the State agency will monitor and conduct periodic evaluations of activities carried out under this part;
(8) provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with
(A) the administration of the plan of the State approved under this part, the plan or program of the State under part A, B, or D of this subchapter or under subchapter I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands), XIX, or XX of this chapter, or the supplemental security income program established by subchapter XVI of this chapter,
(B) any investigation, prosecution, or criminal or civil proceeding, conducted in connection with the administration of any such plan or program,
(C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need,
(D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity, and
(E) reporting and providing information pursuant to paragraph (9) to appropriate authorities with respect to known or suspected child abuse or neglect; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified herein, or which, in the case of adoptions, prevent disclosure entirely;
(9) provides that the State agency will -
(A) report to an appropriate agency or official, known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under part B of this subchapter or this part under circumstances which indicate that the child's health or welfare is threatened thereby; and
(B) provide such information with respect to a situation described in subparagraph (A) as the State agency may have;
(10) provides for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and provides that the standards so established shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B of this subchapter;
(11) provides for periodic review of the standards referred to in the preceding paragraph and amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness;
(12) provides for granting an opportunity for a fair hearing before the State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted upon with reasonable promptness;
(13) provides that the State shall arrange for a periodic and independently conducted audit of the programs assisted under this part and part B of this subchapter, which shall be conducted no less frequently than once every three years;
(14) provides
(A) specific goals (which shall be established by State law on or before October 1, 1982) for each fiscal year (commencing with the fiscal year which begins on October 1, 1983) as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care with respect to whom assistance under the plan is provided during such year) who, at any time during such year, will remain in foster care after having been in such care for a period in excess of twenty-four months, and
(B) a description of the steps which will be taken by the State to achieve such goals;
(15) provides that -
(A) in determining reasonable efforts to be made with respect to a child, as described in this paragraph, and in making such reasonable efforts, the child's health and safety shall be the paramount concern;
(B) except as provided in subparagraph (D), reasonable efforts shall be made to preserve and reunify families -
(i) prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and
(ii) to make it possible for a child to safely return to the child's home;
(C) if continuation of reasonable efforts of the type described in subparagraph (B) is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child;
(D) reasonable efforts of the type described in subparagraph (B) shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that -
(i) the parent has subjected the child to aggravated circumstances (as defined in State law, which definition may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse);
(ii) the parent has -
(I) committed murder (which would have been an offense under section 1111(a) of title 18, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent;
(II) committed voluntary manslaughter (which would have been an offense under section 1112(a) of title 18, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent;
(III) aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter; or
(IV) committed a felony assault that results in serious bodily injury to the child or another child of the parent; or
(iii) the parental rights of the parent to a sibling have been terminated involuntarily;
(E) if reasonable efforts of the type described in subparagraph (B) are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with subparagraph (D) -
(i) a permanency hearing (as described in section 675(5)(C) of this title) shall be held for the child within 30 days after the determination; and
(ii) reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child; and
(F) reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in subparagraph (B);
(16) provides for the development of a case plan (as defined in section 675(1) of this title) for each child receiving foster care maintenance payments under the State plan and provides for a case review system which meets the requirements described in section 675(5)(B) of this title with respect to each such child;
(17) provides that, where appropriate, all steps will be taken, including cooperative efforts with the State agencies administering the program funded under part A of this subchapter and plan approved under part D of this subchapter, to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments under this part;
(18) not later than January 1, 1997, provides that neither the State nor any other entity in the State that receives funds from the Federal Government and is involved in adoption or foster care placements may -
(A) deny to any person the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the person, or of the child, involved; or
(B) delay or deny the placement of a child for adoption or into foster care, on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved;
(19) provides that the State shall consider giving preference to an adult relative over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards;
(20)(A) unless an election provided for in subparagraph (B) is made with respect to the State, provides procedures for criminal records checks for any prospective foster or adoptive parent before the foster or adoptive parent may be finally approved for placement of a child on whose behalf foster care maintenance payments or adoption assistance payments are to be made under the State plan under this part, including procedures requiring that -
(i) in any case in which a record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, if a State finds that a court of competent jurisdiction has determined that the felony was committed at any time, such final approval shall not be granted; and
(ii) in any case in which a record check reveals a felony conviction for physical assault, battery, or a drug-related offense, if a State finds that a court of competent jurisdiction has determined that the felony was committed within the past 5 years, such final approval shall not be granted; and
(B) subparagraph (A) shall not apply to a State plan if the Governor of the State has notified the Secretary in writing that the State has elected to make subparagraph (A) inapplicable to the State, or if the State legislature, by law, has elected to make subparagraph (A) inapplicable to the State;
(21) provides for health insurance coverage (including, at State option, through the program under the State plan approved under subchapter XIX of this chapter) for any child who has been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement (other than an agreement under this part) between the State and an adoptive parent or parents, and who the State has determined cannot be placed with an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, or rehabilitative care, and that with respect to the provision of such health insurance coverage -
(A) such coverage may be provided through 1 or more State medical assistance programs;
(B) the State, in providing such coverage, shall ensure that the medical benefits, including mental health benefits, provided are of the same type and kind as those that would be provided for children by the State under subchapter XIX of this chapter;
(C) in the event that the State provides such coverage through a State medical assistance program other than the program under subchapter XIX of this chapter, and the State exceeds its funding for services under such other program, any such child shall be deemed to be receiving aid or assistance under the State plan under this part for purposes of section 1396a(a)(10)(A)(i)(I) of this title; and
(D) in determining cost-sharing requirements, the State shall take into consideration the circumstances of the adopting parent or parents and the needs of the child being adopted consistent, to the extent coverage is provided through a State medical assistance program, with the rules under such program;
(22) provides that, not later than January 1, 1999, the State shall develop and implement standards to ensure that children in foster care placements in public or private agencies are provided quality services that protect the safety and health of the children;
(23) provides that the State shall not -
(A) deny or delay the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child; or
(B) fail to grant an opportunity for a fair hearing, as described in paragraph (12), to an individual whose allegation of a violation of subparagraph (A) of this paragraph is denied by the State or not acted upon by the State with reasonable promptness; and
(24) include (!1) a certification that, before a child in foster care under the responsibility of the State is placed with prospective foster parents, the prospective foster parents will be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child, and that such preparation will be continued, as necessary, after the placement of the child.
(b) Approval of plan by Secretary
The Secretary shall approve any plan which complies with the provisions of subsection (a) of this section.
http://familyrights.us/42usc/671.html#15
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES
PART E - FEDERAL PAYMENTS FOR FOSTER CARE AND ADOPTION ASSISTANCE
U.S. Code as of: 01/19/04
Section 671. State plan for foster care and adoption assistance
(a) Requisite features of State plan
In order for a State to be eligible for payments under this part, it shall have a plan approved by the Secretary which -
(1) provides for foster care maintenance payments in accordance with section 672 of this title and for adoption assistance in accordance with section 673 of this title;
(2) provides that the State agency responsible for administering the program authorized by subpart 1 of part B of this subchapter shall administer, or supervise the administration of, the program authorized by this part;
(3) provides that the plan shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(4) provides that the State shall assure that the programs at the local level assisted under this part will be coordinated with the programs at the State or local level assisted under parts A and B of this subchapter, under subchapter XX of this chapter, and under any other appropriate provision of Federal law;
(5) provides that the State will, in the administration of its programs under this part, use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the programs, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods;
(6) provides that the State agency referred to in paragraph (2) (hereinafter in this part referred to as the "State agency") will make such reports, in such form and containing such information as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports;
(7) provides that the State agency will monitor and conduct periodic evaluations of activities carried out under this part;
(8) provides safeguards which restrict the use of or disclosure of information concerning individuals assisted under the State plan to purposes directly connected with
(A) the administration of the plan of the State approved under this part, the plan or program of the State under part A, B, or D of this subchapter or under subchapter I, V, X, XIV, XVI (as in effect in Puerto Rico, Guam, and the Virgin Islands), XIX, or XX of this chapter, or the supplemental security income program established by subchapter XVI of this chapter,
(B) any investigation, prosecution, or criminal or civil proceeding, conducted in connection with the administration of any such plan or program,
(C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need,
(D) any audit or similar activity conducted in connection with the administration of any such plan or program by any governmental agency which is authorized by law to conduct such audit or activity, and
(E) reporting and providing information pursuant to paragraph (9) to appropriate authorities with respect to known or suspected child abuse or neglect; and the safeguards so provided shall prohibit disclosure, to any committee or legislative body (other than an agency referred to in clause (D) with respect to an activity referred to in such clause), of any information which identifies by name or address any such applicant or recipient; except that nothing contained herein shall preclude a State from providing standards which restrict disclosures to purposes more limited than those specified herein, or which, in the case of adoptions, prevent disclosure entirely;
(9) provides that the State agency will -
(A) report to an appropriate agency or official, known or suspected instances of physical or mental injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child receiving aid under part B of this subchapter or this part under circumstances which indicate that the child's health or welfare is threatened thereby; and
(B) provide such information with respect to a situation described in subparagraph (A) as the State agency may have;
(10) provides for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for foster family homes and child care institutions which are reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admission policies, safety, sanitation, and protection of civil rights, and provides that the standards so established shall be applied by the State to any foster family home or child care institution receiving funds under this part or part B of this subchapter;
(11) provides for periodic review of the standards referred to in the preceding paragraph and amounts paid as foster care maintenance payments and adoption assistance to assure their continuing appropriateness;
(12) provides for granting an opportunity for a fair hearing before the State agency to any individual whose claim for benefits available pursuant to this part is denied or is not acted upon with reasonable promptness;
(13) provides that the State shall arrange for a periodic and independently conducted audit of the programs assisted under this part and part B of this subchapter, which shall be conducted no less frequently than once every three years;
(14) provides
(A) specific goals (which shall be established by State law on or before October 1, 1982) for each fiscal year (commencing with the fiscal year which begins on October 1, 1983) as to the maximum number of children (in absolute numbers or as a percentage of all children in foster care with respect to whom assistance under the plan is provided during such year) who, at any time during such year, will remain in foster care after having been in such care for a period in excess of twenty-four months, and
(B) a description of the steps which will be taken by the State to achieve such goals;
(15) provides that -
(A) in determining reasonable efforts to be made with respect to a child, as described in this paragraph, and in making such reasonable efforts, the child's health and safety shall be the paramount concern;
(B) except as provided in subparagraph (D), reasonable efforts shall be made to preserve and reunify families -
(i) prior to the placement of a child in foster care, to prevent or eliminate the need for removing the child from the child's home; and
(ii) to make it possible for a child to safely return to the child's home;
(C) if continuation of reasonable efforts of the type described in subparagraph (B) is determined to be inconsistent with the permanency plan for the child, reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child;
(D) reasonable efforts of the type described in subparagraph (B) shall not be required to be made with respect to a parent of a child if a court of competent jurisdiction has determined that -
(i) the parent has subjected the child to aggravated circumstances (as defined in State law, which definition may include but need not be limited to abandonment, torture, chronic abuse, and sexual abuse);
(ii) the parent has -
(I) committed murder (which would have been an offense under section 1111(a) of title 18, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent;
(II) committed voluntary manslaughter (which would have been an offense under section 1112(a) of title 18, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent;
(III) aided or abetted, attempted, conspired, or solicited to commit such a murder or such a voluntary manslaughter; or
(IV) committed a felony assault that results in serious bodily injury to the child or another child of the parent; or
(iii) the parental rights of the parent to a sibling have been terminated involuntarily;
(E) if reasonable efforts of the type described in subparagraph (B) are not made with respect to a child as a result of a determination made by a court of competent jurisdiction in accordance with subparagraph (D) -
(i) a permanency hearing (as described in section 675(5)(C) of this title) shall be held for the child within 30 days after the determination; and
(ii) reasonable efforts shall be made to place the child in a timely manner in accordance with the permanency plan, and to complete whatever steps are necessary to finalize the permanent placement of the child; and
(F) reasonable efforts to place a child for adoption or with a legal guardian may be made concurrently with reasonable efforts of the type described in subparagraph (B);
(16) provides for the development of a case plan (as defined in section 675(1) of this title) for each child receiving foster care maintenance payments under the State plan and provides for a case review system which meets the requirements described in section 675(5)(B) of this title with respect to each such child;
(17) provides that, where appropriate, all steps will be taken, including cooperative efforts with the State agencies administering the program funded under part A of this subchapter and plan approved under part D of this subchapter, to secure an assignment to the State of any rights to support on behalf of each child receiving foster care maintenance payments under this part;
(18) not later than January 1, 1997, provides that neither the State nor any other entity in the State that receives funds from the Federal Government and is involved in adoption or foster care placements may -
(A) deny to any person the opportunity to become an adoptive or a foster parent, on the basis of the race, color, or national origin of the person, or of the child, involved; or
(B) delay or deny the placement of a child for adoption or into foster care, on the basis of the race, color, or national origin of the adoptive or foster parent, or the child, involved;
(19) provides that the State shall consider giving preference to an adult relative over a non-related caregiver when determining a placement for a child, provided that the relative caregiver meets all relevant State child protection standards;
(20)(A) unless an election provided for in subparagraph (B) is made with respect to the State, provides procedures for criminal records checks for any prospective foster or adoptive parent before the foster or adoptive parent may be finally approved for placement of a child on whose behalf foster care maintenance payments or adoption assistance payments are to be made under the State plan under this part, including procedures requiring that -
(i) in any case in which a record check reveals a felony conviction for child abuse or neglect, for spousal abuse, for a crime against children (including child pornography), or for a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault or battery, if a State finds that a court of competent jurisdiction has determined that the felony was committed at any time, such final approval shall not be granted; and
(ii) in any case in which a record check reveals a felony conviction for physical assault, battery, or a drug-related offense, if a State finds that a court of competent jurisdiction has determined that the felony was committed within the past 5 years, such final approval shall not be granted; and
(B) subparagraph (A) shall not apply to a State plan if the Governor of the State has notified the Secretary in writing that the State has elected to make subparagraph (A) inapplicable to the State, or if the State legislature, by law, has elected to make subparagraph (A) inapplicable to the State;
(21) provides for health insurance coverage (including, at State option, through the program under the State plan approved under subchapter XIX of this chapter) for any child who has been determined to be a child with special needs, for whom there is in effect an adoption assistance agreement (other than an agreement under this part) between the State and an adoptive parent or parents, and who the State has determined cannot be placed with an adoptive parent or parents without medical assistance because such child has special needs for medical, mental health, or rehabilitative care, and that with respect to the provision of such health insurance coverage -
(A) such coverage may be provided through 1 or more State medical assistance programs;
(B) the State, in providing such coverage, shall ensure that the medical benefits, including mental health benefits, provided are of the same type and kind as those that would be provided for children by the State under subchapter XIX of this chapter;
(C) in the event that the State provides such coverage through a State medical assistance program other than the program under subchapter XIX of this chapter, and the State exceeds its funding for services under such other program, any such child shall be deemed to be receiving aid or assistance under the State plan under this part for purposes of section 1396a(a)(10)(A)(i)(I) of this title; and
(D) in determining cost-sharing requirements, the State shall take into consideration the circumstances of the adopting parent or parents and the needs of the child being adopted consistent, to the extent coverage is provided through a State medical assistance program, with the rules under such program;
(22) provides that, not later than January 1, 1999, the State shall develop and implement standards to ensure that children in foster care placements in public or private agencies are provided quality services that protect the safety and health of the children;
(23) provides that the State shall not -
(A) deny or delay the placement of a child for adoption when an approved family is available outside of the jurisdiction with responsibility for handling the case of the child; or
(B) fail to grant an opportunity for a fair hearing, as described in paragraph (12), to an individual whose allegation of a violation of subparagraph (A) of this paragraph is denied by the State or not acted upon by the State with reasonable promptness; and
(24) include (!1) a certification that, before a child in foster care under the responsibility of the State is placed with prospective foster parents, the prospective foster parents will be prepared adequately with the appropriate knowledge and skills to provide for the needs of the child, and that such preparation will be continued, as necessary, after the placement of the child.
(b) Approval of plan by Secretary
The Secretary shall approve any plan which complies with the provisions of subsection (a) of this section.
http://familyrights.us/42usc/671.html#15
What are "Life Skills"?
AFRA EDITORIALS
By Leonard Henderson
July 31, 2010
What are "Life Skills"?
I have used the term for many years, in this fashion-
Once CPS kidnaps the kids, ALL of the girls are going to be raped, and MOST of the boys are going to be corn-holed in state custody. Children are 11 times more likely to be abused in state care than they are in their own homes, and 7 times more likely to die as a result of abuse in the foster care system.
MOST of the kids are going to be doped out of their heads until they "age out", to be dumped on the street with NO education, NO life skills. The only thing they learned is how to be a "consumer of public services".
I toss the words "life skills" around often. As if I think people know what the words mean. As if I know what the words mean.
So, I will attempt to put definition to the words "life skills".
On the most basic level, a "life skill" is learning how to conduct yourself civilly with other humans.
A "life skill" is being responsible for your own words and actions.
A "life skill" is learning how to LEARN. If you think school is really about "education", you are sorely mistaken. Yes, you can learn how to read, write, and do arithmetic in school. Beyond that, it's pretty much up to YOU to take over your education. They can't make you learn anything. You have to realize that actually LEARNING something involves YOUR desire to know and YOUR desire to put out the effort to learn. It used to be that school merely taught you how to LEARN, and their teaching you how, involves memorizing lots of meaningless and useless information. As Mark Twain said- "I have never let my schooling interfere with my education".
I myself came to the realization that "Knowledge is humbling because the more you learn, the more you realize how much you don't know". The most arrogant and pompous (considering themselves great wise geniuses) people I have ever known, were some of the most autocratic and unpleasant people on the earth. A suitable word I found for them several years ago was insolent. Another word I found was petulant. I brought the subject up, because being an a$$hole is not actually a "life skill" but a lot of people think it is.
Back in "pre-modern" times, a "life skill" was knowing how to grow your own food, store it, how to get the meat and prepare it to eat. Another highly useful "life skill" was knowing how to build shelter, a home. Another "life skill" was generally how to build THINGS you need.
The term was "self sufficiency", learning how to take care of yourself and make your own way in the world.
THAT is an almost totally lost skill. You aren't going to learn that in college, let alone growing up in state custody. That's why the term "Best Interest of the Child" really grates on me.
And THAT is why the system doesn't want any daddies left who know how to teach those "life skills".
Gross incompetence and utter dependence on the system is what they want.
Would you care to take 3 guesses why?
I have heard . . . that people may become dependent on us for food. I know that was not supposed to be good news. To me that was good news, because before people can do anything they have got to eat. And if you are looking for a way to get people to lean on you and to be dependent on you, in terms of their cooperation with you, it seems to me that food dependence would be terrific." -Sen. Hubert H. Humphrey, in naming P.L. 480 the "Food for Peace" program, Wall Street Journal, May 7, 1982.
COMMENT on this story
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as you can at How To Fight CPS
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration
Leonard Henderson, co-founder
American Family Rights Association
http://familyrights.us
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)
http://familyrights.us/news/archive/2010/july/what_are_life_skills.html
By Leonard Henderson
July 31, 2010
What are "Life Skills"?
I have used the term for many years, in this fashion-
Once CPS kidnaps the kids, ALL of the girls are going to be raped, and MOST of the boys are going to be corn-holed in state custody. Children are 11 times more likely to be abused in state care than they are in their own homes, and 7 times more likely to die as a result of abuse in the foster care system.
MOST of the kids are going to be doped out of their heads until they "age out", to be dumped on the street with NO education, NO life skills. The only thing they learned is how to be a "consumer of public services".
I toss the words "life skills" around often. As if I think people know what the words mean. As if I know what the words mean.
So, I will attempt to put definition to the words "life skills".
On the most basic level, a "life skill" is learning how to conduct yourself civilly with other humans.
A "life skill" is being responsible for your own words and actions.
A "life skill" is learning how to LEARN. If you think school is really about "education", you are sorely mistaken. Yes, you can learn how to read, write, and do arithmetic in school. Beyond that, it's pretty much up to YOU to take over your education. They can't make you learn anything. You have to realize that actually LEARNING something involves YOUR desire to know and YOUR desire to put out the effort to learn. It used to be that school merely taught you how to LEARN, and their teaching you how, involves memorizing lots of meaningless and useless information. As Mark Twain said- "I have never let my schooling interfere with my education".
I myself came to the realization that "Knowledge is humbling because the more you learn, the more you realize how much you don't know". The most arrogant and pompous (considering themselves great wise geniuses) people I have ever known, were some of the most autocratic and unpleasant people on the earth. A suitable word I found for them several years ago was insolent. Another word I found was petulant. I brought the subject up, because being an a$$hole is not actually a "life skill" but a lot of people think it is.
Back in "pre-modern" times, a "life skill" was knowing how to grow your own food, store it, how to get the meat and prepare it to eat. Another highly useful "life skill" was knowing how to build shelter, a home. Another "life skill" was generally how to build THINGS you need.
The term was "self sufficiency", learning how to take care of yourself and make your own way in the world.
THAT is an almost totally lost skill. You aren't going to learn that in college, let alone growing up in state custody. That's why the term "Best Interest of the Child" really grates on me.
And THAT is why the system doesn't want any daddies left who know how to teach those "life skills".
Gross incompetence and utter dependence on the system is what they want.
Would you care to take 3 guesses why?
I have heard . . . that people may become dependent on us for food. I know that was not supposed to be good news. To me that was good news, because before people can do anything they have got to eat. And if you are looking for a way to get people to lean on you and to be dependent on you, in terms of their cooperation with you, it seems to me that food dependence would be terrific." -Sen. Hubert H. Humphrey, in naming P.L. 480 the "Food for Peace" program, Wall Street Journal, May 7, 1982.
COMMENT on this story
"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist
If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU
Learn as much as you can, as fast as you can at How To Fight CPS
Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration
Leonard Henderson, co-founder
American Family Rights Association
http://familyrights.us
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©
I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)
http://familyrights.us/news/archive/2010/july/what_are_life_skills.html
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