Tuesday, April 24, 2012

NH Child Protection Act Section 169-C:3 Definition of IMMINENT Danger

Section 169-C:3 Definitions.:

XV. "Imminent danger'' means circumstances or surroundings causing immediate peril or risk to a child's health or life.

What IS Imminent Danger?

Is a newborn in Imminent Danger when the newborn is born with Morphine in his/her system? Morphine given to the mother in labor? Which inadvertently spill's into the newborn during the course of labor?
Is the newborn in Imminent Danger on the say so of a DCYF Assessment worker, who NEVER investigated and admitted she had NO clue the Mother was given Morphine in labor?
Is a newborn in Imminent Danger when a PROVEN false report, made by an anonymous caller, is called in against an estranged family member who has no involvement in the household where the baby will reside?
If the baby IS considered to be in Imminent Danger, why would DCYF take custody of the baby, but leave the baby in the care of his/her mother for eight more day's? If the baby was in Imminent Danger, why wasn't the baby taken the day custody was handed over to DCYF?
Does it sound like this baby was in Imminent Danger? NO!

Is a child placed with Grandparent's in Imminent Danger because his/her Aunt with an open DCYF case, lives in the same household? An Aunt gravely ill, in need of emergency medical care? An Aunt randomly drug tested by her own caseworker, yet accused of using illegal drug's by an over zealous DCYF Lawyer? The DCYF Lawyer who opposes the Judges decision to place the child with the grandparent's? The DCYF Lawyer who Judge shop's to overturn the decision of the first Judge?
The DCYF Lawyer who get's a Judge to sign an Ex-parte order for modification, stating contact between the Aunt and the grandchild is not recommended and proceed's to send two DCYF caseworker's and four Police Officer's to the Grandparent's home, within fifteen minutes of the signing of the Ex-parte Motion and drag the grandchild from the home kicking and screaming? Never allowing the the gravely ill Aunt to seek other accommodation's? The DCYF Lawyer who then get's a Judge to sign another Ex-parte order, without notifying the Grandparent's, stating the child WILL be removed from the home? The Ex-parte order hidden from all involved?
Does it sound like this child was in Imminent Danger? NO!

So What is Imminent Danger?
People of normal brain capacity would never consider a child to be in Imminent Danger for these idiotic reason's. Imminent Danger is a child covered in bruises. A child with broken extremities. A tortured child. A child being sexually abused in his/her home. A child who is physically or mentally harmed and "anticipated Neglect in the Future" IS NOT Child abuse or Neglect. It's a ploy by DCYF to steal more children from innocent parent's. A child is NOT in Imminent Danger because DCYF's false Psychic's see "Neglect in the Future"!

Bethany Loerke: Survived child abuse of adoptive father, Doctor James Loerke in Oklahoma

Bethany Loerke: Survived child abuse of adoptive father, Doctor James Loerke in Oklahoma | Mail Online:

Bethany Loerke, 20, was abused by Doctor James Loerke from age of 5

Told adoptive mother on 11th birthday about the attacks

Miss Loerke and sister had been put into foster care after being found living in filthy trailer overrun by dogs

She said: 'I'm fighting for all the victims who didn't get to come forward'

Presumption of joint child custody

Presumption of joint child custody | Twin Cities Daily Planet:

An emotional debate that crossed party and gender lines had members characterizing a bill to change the state’s child custody laws as “long overdue,” while others termed it “problematic and would negatively affect children for years to come.”

Read More:

Title 22, §4059: Reinstatement of parental rights-Maine

Title 22, §4059: Reinstatement of parental rights:

Maine Revised Statutes

§4059. Reinstatement of parental rights

The department may petition the District Court to reinstate the parental rights of a parent whose parental rights have been previously terminated by an order of the District Court.[2011, c. 402, §16 (NEW).]

1. Contents of petition for reinstatement of parental rights. The petition for reinstatement of parental rights must be sworn and must include at least the following:

A. The name, date and place of birth, if known, of the child and the child's current residence; [2011, c. 402, §16 (NEW).]

B. The name and residence of the parent whose rights were terminated; [2011, c. 402, §16 (NEW).]

C. The name and residence of the former guardian ad litem of the child in the related child protection proceeding; [2011, c. 402, §16 (NEW).]

D. The names and residences of all persons known to the department that affect custody, visitation or access to the child; [2011, c. 402, §16 (NEW).]

E. A summary of the reasons for the termination of parental rights; [2011, c. 402, §16 (NEW).]

F. A summary statement of the facts that the petitioner believes constitute a substantial change in circumstances of the parent that demonstrate the parent has the capacity and willingness to provide for the health and safety of the child; [2011, c. 402, §16 (NEW).]

G. A statement of the intent of the parent whose rights were terminated to consent to the reinstatement of parental rights; and [2011, c. 402, §16 (NEW).]

H. A statement of the intent or willingness of the child as to the reinstatement of parental rights. [2011, c. 402, §16 (NEW).]

[ 2011, c. 402, §16 (NEW) .]

2. Permanency plan. The sworn petition must be accompanied by the permanency plan that provides for the health and safety of the child, outlines the transition services to the family and outlines the conditions and supervision required by the department for placing the child in the home on a trial basis.

[ 2011, c. 402, §16 (NEW) .]

3. Scheduling of case management conference. On the filing of the petition, the court shall set a time and date for a case management conference under subsection 7.

[ 2011, c. 402, §16 (NEW) .]

4. Withdrawal of petition. The department may withdraw the petition without leave of the court at any time prior to the final hearing.

[ 2011, c. 402, §16 (NEW) .]

5. Guardian ad litem. The court shall appoint a guardian ad litem for the child.

[ 2011, c. 402, §16 (NEW) .]

6. Service. The petition and the notice of the case management conference under subsection 7 must be served on the parent whose rights were terminated and the guardian ad litem for the child at least 10 days prior to the scheduled case management conference date. Service must be in accordance with the Maine Rules of Civil Procedure or in any other manner ordered by the court.

[ 2011, c. 402, §16 (NEW) .]

7. Case management conference. Upon the filing of a petition for reinstatement of parental rights, the court shall hold a case management conference to review the permanency plan filed by the department to provide for transition services to the family. The permanency plan must outline the conditions and supervision required by the department for placing the child in the home on a trial basis.

[ 2011, c. 402, §16 (NEW) .]

8. Reinstatement of parental rights. Parental rights may be reinstated as follows.

A. The court shall hold a hearing prior to the reinstatement of parental rights. [2011, c. 402, §16 (NEW).]

B. The department has the burden of proof. [2011, c. 402, §16 (NEW).]

C. The court may order reinstatement of parental rights if the court finds, by clear and convincing evidence, that:

(1) The child has been in the custody of the department for at least 12 months after the issuance of the order terminating parental rights;

(2) The child has lived for at least 3 months in the home of the parent after the petition for reinstatement has been filed;

(3) The parent consents to the reinstatement of parental rights. Consent must be written and voluntarily and knowingly executed in court before a judge. The judge shall explain the effects of reinstatement of parental rights;

(4) If the child is 12 years of age or older, the child consents to the reinstatement of parental rights; and

(5) Reinstatement of parental rights is in the best interest of the child. [2011, c. 402, §16 (NEW).]

D. In determining whether to reinstate parental rights, the court shall consider the age and maturity of the child, the child's ability to express a preference, the child's ability to integrate back into the home of the parent whose rights were terminated, the ability of the parent whose rights were terminated to meet the child's physical and emotional needs, the extent that the parent whose rights were terminated has remedied the circumstances that resulted in the termination of parental rights and the likelihood of future risk to the child. [2011, c. 402, §16 (NEW).]

E. The court shall enter its findings in a written order that further states that from the date of the order of reinstatement of parental rights, the child is the child of the parent whose rights were terminated and must be accorded all the same rights as existed prior to the order terminating parental rights, including inheritance rights. The order must further state that all legal rights, powers, privileges, immunities, duties and obligations to each other as parent and child are reinstated. [2011, c. 402, §16 (NEW).]

F. The reinstatement of one parent's rights does not affect the rights of the other parent. [2011, c. 402, §16 (NEW).]

[ 2011, c. 402, §16 (NEW) .]

SECTION HISTORY2011, c. 402, §16 (NEW).

Data for this page extracted on 02/21/2012 04:49:58.

Monday, April 23, 2012

85% of all child abuse reports are unfounded-AFRA

85% of all child abuse reports are unfounded:

"85% of all child abuse reports are unfounded"December 10, 2011 UPDATE to January 18, 2011 UPDATE to March 26, 2010 story

Child Maltreatment 2010: Summary
Author(s): Child Welfare Information Gateway
Year Published:2011How many allegations of maltreatment were reported and received an investigation or assessment for abuse and neglect?
During Federal fiscal year 2010, an estimated 3.3 million referrals, involving the alleged maltreatment of approximately 5.9 million children, were received by CPS agencies. Of these referrals, 45 States reported counts of both screened-in and screened-out referrals.

Based on these data, 60.7 percent were screened in, with a range of 25.2 to 98.7 percent among the States and 39.3 percent were screened out, with a range of 1.3 to 74.8 percent among the States.
Of the nearly 2 million reports that were screened in and received a CPS response, 90.3 percent received an investigation response and 9.7 percent received an alternative response. Of the 1,793,724 reports that received an investigation, 436,321 were substantiated; 24,976 were found to be indicated; and 1,262,118 were found to be unsubstantiated.

Lakeville: Will abandoned boy's next move be for good?

Lakeville: Will abandoned boy's next move be for good? - TwinCities.com:

A year ago, Sebastian Cross was nearing the end of fifth grade. The 11-year-old boy planned to spend another summer bicycling around his quiet Lakeville neighborhood, nestled by a lake where he would swim and boat with friends. But on July 18, that world disappeared.

Read More:

Chill E.B. - Prove It

Millions of kids and adults are told they're mentally ill and that mental disorders like ADHD or Bi-polar are the same thing as having a medical condition li...

Grandparents blog-Dedicated to Austin, Isabella and My Knight, Murdered by Illegal Palliative Care

Unbiased Reporting

Isabella Brooke Knightly and Austin Gamez-Knightly