Thursday, February 23, 2017

HOW-TO WORKSHOP IN THREE MEDIUMS: Overcome Persistent U.S. Legal System Abuse


 Nurturing the Resiliency to Overcome Persistent U.S. Legal System Abuse




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"It's not the patience to endure losses that needs to be nurtured. We need the patience it takes to prevail. There's a difference."
~ NFOJA & Opt IN USA Co-Administrator Zena Crenshaw-Logal
_______
***
• LIVE WORKSHOP - 2017 NOFSW Conference. Join the National Organization of Forensic Social Work (NOFSW) in Boston July 27-29, 2017. Workshop Presentation (90 minute session), Primary Presenter - Zena Crenshaw-Logal. Learn More @ http://nofsw.org/
***
MAHB Blog - Starting May 2017, follow related posts via the Millennium Alliance for Humanity and Biosphere (MAHB) @ http://mahb.stanford.edu/category/blog/
***
• Internet Radio - Join Zena and co-host Dr. Andrew D. Jackson as they explore related topics via “Change of Venue”, a broadcast of The Virtual Round Table. Learn More @ https://www.facebook.com/TheVRTable/
>>>>>>>>Visit NFOJA at: http://50states.ning.com/?xg_source=msg_mes_network

Learn "How To Win In Court" ... without a lawyer
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
GranPa Chuck

Researcher, Editor, Publisher, Collector


Tuesday, February 21, 2017

Special Report: The State of Parental Rights in America, 2017

The Parental Rights Organization has been a leader in this effort. Noting their Logo says it all>>>>>
"Protecting Children by Empowering Parents"
So check out this Special Report.
Thanks,
Granpa Chuck
National Team Leader

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

ParentalRights.org logo

Special Report:
The State of Parental Rights in America, 2017
-- February 20, 2017

Parent and ChildThe Supreme Court once declared, "This primary role of parents in the upbringing of their children is now established beyond debate as an enduring American tradition." Wisconsin v. Yoder, 406 U.S. 205 (1972) at 232. So, how are we doing with that "enduring American tradition" today?

Unfortunately, not so well. Even with advances in some areas in recent years, other areas remain a real problem for parents who just want to protect and provide for their children as they think best.

We have gathered stories from across the country to give you a look at the big picture in each of four key areas involving parental rights: medical settings, education, child welfare cases, and when parents have a disability. This report shares what we found in each area.

Parental Rights by Area:
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Parental Rights in Medical Settings

General Direction: Things are getting hotter (more contentious).
Over the last couple of decades we have seen the emergence of a lobby that believes in giving power to "experts" to seek the good of all children. Nevertheless parents continue to defend their right to make the best individualized decisions for their child. We are seeing that tension between parent and professional become more entrenched each year.

Medical EthicsThis year has seen a rise in the number of appeals in which an earlier guilty verdict from a charge of "shaken baby syndrome" or "medical child abuse" has been thrown out. These appeals are rising as reports and expert witnesses show flaws in the science behind those convictions. Parent and child advocates like Diane Redleaf at the Family Defense Center in Chicago and law professor Maxine Eichner at the University of North Carolina are exposing the legal and ethical issues that arise when doctors act in a forensic role (gathering evidence against parents) rather than in the traditional care-giving role of their field.

As wonderful as modern medicine is and as helpful as most doctors are, they are not perfect. Sadly, medical error is the #3 cause of death in our country according to a 2016 report. And even the best doctors are rarely in a better position than a loving parent to make the difficult decisions for a child.

The family of Justina Pelletier found that out the hard way in 2014 when the state of Massachusetts took Justina from them and placed her in the custody of Boston Children's Hospital. Doctors there were free to enroll her in clinical trials (without parental consent) for the somatoform disorder diagnosis they had given her, rather than continuing the treatment for Mitochondrial disease that her parents and doctors at Tufts Medical Center had been following. After public outrage following her parents going public, Justina was finally returned to her parents 16 months later, in much worse condition than when she was taken away. Her story reemerged in 2016 as the family filed suit in federal court against the state and the hospital who so severely injured their daughter.

Isaiah Rider of Missouri was also taken by the state over a disagreement regarding his treatment. He was finally released by the state of Illinois who had been granted custody (though he was never a resident of the state until he went into foster care) when Lurie Children's Hospital (Chicago) doctors decided they knew better than his mom. While in foster care, Rider suffered sexual assault. He was finally returned to the custody of his grandparents in his home state, but wasn't fully released from Illinois care until June of 2016, months after his 18th birthday!

As sad as it sounds, though, the Riders and the Pelletiers are the lucky ones. A family in New York found themselves facing allegations of child abuse after their infant died at the hands of New York doctors, according to a lawsuit filed last year. The suit alleges that the Long Island infant was pumped full of a "cornucopia of drugs," including Propofol, "the powerful sedative linked to Michael Jackson's death" according to a NY Post article. As the baby lay dying, Suffolk County social workers and a "pediatric child abuse specialist" were accusing the parents of shaking her to death, a charge the parents contend was fabricated to cover up the hospital's own serious errors in the child's treatment. The couple's two older children were taken from their care, but returned after two autopsies of the baby showed no signs of criminality. The child protection agency kept its case open for 11 long months, and is now a codefendant in the suit.

Two other cases, one in California and another in Tennessee, also saw the state take children away from loving parents over a disagreement in the child's diagnosis and treatment.

Yet even as the evidence is showing more and more the fallibility of the medical profession, states are heeding doctors' and pharmaceutical companies' urgings to clamp down on parents' rights in medical decisions. California in 2015 notoriously passed SB 277, a bill to remove from parents the right to make an informed medical decision regarding their child's vaccinations. Similar bills were introduced in 19 other states but failed to pass. Proponents of these bills, though, are undeterred, as evidenced by the number of states dealing with similar measures again this legislative session – already as many as 30.

In the medical sub-category of psychotropic drugs, parental rights have seen a slight improvement. Though most psychotropic drugs are not approved by the FDA for use by adolescents, many localities have nevertheless required their prescription to students who misbehave in school. Maryanne Godboldo of Detroit made national headlines 3 years ago when she barricaded herself and her daughter in her apartment and refused to let the city force her 13-year-old to receive Risperdol. The ensuing standoff brought out the SWAT team, a tank, and the national news.

Maryanne's own case was finally resolved this year when charges – which had been filed or appealed 5 separate times – were finally dropped. Sadly, they were dropped only because Godboldo suffered a massive aneurysm and is not expected to recover from her current comatose state.

But in the state of New Mexico, real progress has been made. That state in 2015 passed a law prohibiting a parent's choice to withhold psychotropic medications from being used as the sole basis for removal of a child. A New Mexico mother in Godboldo's situation will no longer have to barricade herself in her home in the first place. If she determines that Risperdol is dangerous, that New Mexico mom can rest easy in the knowledge that no one will be coming for her child.
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Parental Rights in Education
General Direction: Things are getting worse.
As with medical care, the area of education also sees the tension between parents and a group of professional elites who believe they can better make decisions for all children. This mindset can be seen in a Mississippi bill introduced last year which would require public school teachers to give parents a grade. No, not their children's grades – but an actual grade of their own. Are you involved in your child's education? Attend conferences? Don't give the teacher a lot of push back or ask too many questions? Then you would get an "A". On the other hand, if you cause too much trouble, you could get a failing mark. The bill actually passed the Mississippi House, but fortunately did not make it into law.

The march toward elitist control is a scary one, though. In 2015 the Administration argued in Romeike v. Holder that the right of a parent to decide the kind of education their child will receive is not a human right sufficient to grant refugee status to those robbed of it. The right, articulated in the Universal Declaration of Human Rights 1948, was internationally adopted directly to prevent a recurrence of Hitler's plan to indoctrinate German students by requiring that they all attend the Nazis' state-run schools. Ironically, the Romeikes were fleeing Germany's use of the very same law that precipitated that declaration in the first place.

Most startling of all, the U.S. Supreme Court agreed with the Administration in the Romeike case. Your right to choose your child's education is not sufficient for a refugee – will it still be sufficient for you?

School Policy Before you say "Yes" too quickly, consider that one school system chose to ban parents from walking their own children to school. And in Virginia, Governor Terry McAuliffe vetoed a bill that would require schools to alert parents when a required reading assignment will contain sexually explicit material. Parents who championed the bill were able to persuade lawmakers of the need when, in multiple instances, school officials and lawmakers themselves had to ask parents to stop reading sample passages because they were "obscene" or "indecent." Yet the governor decided that warning parents of the material would interfere too much in the education process.

Or consider the state of New York, which apparently has determined that, while homeschooling is clearly not against the law, it is also not to be tolerated. Mother Kiarre Harris decided in December 2016 to remove her two children from Buffalo's failing schools. Per state law, she filed all of the required paperwork with Buffalo City Hall and told the school she was beginning to homeschool the youngsters. A few weeks later, Child Protective Services and the police showed up to take her kids. When she wouldn't reveal where the children were, she was arrested and jailed on obstruction charges, while her children were located and taken to foster care.

Home School Legal Defense Association recently filed suit against New York for routinely doing this very thing: charging "truancy" and taking children away from parents who have fulfilled all of the statutory requirements to teach their children at home. New York law permits parents to choose this educational alternative, but the state's message is clear: if you make that choice, we will fabricate a reason to take your child.

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Parental Rights and Child Welfare

General Direction: Things continue to be a mess.
An Arizona appeals court had to overturn a family court termination of parental rights (TPR) order that was based on a single lapse in supervision by a caring parent. The case involved a 6-year-old whose father has joint legal custody with his ex-wife.

An Indiana Court of Appeals similarly overturned a TPR decision and accused the Department of Child Services of an "extraordinarily troubling pattern of behavior." The case involved a mother who had fled an abusive relationship and completed every requirement set before her for unification, but who lost her son anyway.

The Vermont Supreme Court overturned a TRP order in Caledonia County at a time when "more children than ever are being taken into stat custody," according to the Burlington Free Press.

And in Connecticut a bill has been introduced to halt a "custody for care" scheme (where the state won't provide care for children unless the parents give up custody) that the Department of Children and Families (DCF) denies even exists. According to the Hartford Courant,
Judicial department data show the state has used the petitions to take custody of more than 860 children over five years – or an average of three children a week.

Three children per week in a state the size of Connecticut is hardly a "last resort."
An article at The Day (also in Connecticut) reveals a system that often confuses poverty for neglect.
A report from KIMT in Iowa in December similarly declared that "cases involving terminating the parents' rights to their children are on the rise."

Other current concerns include a Texas case where child services workers had to be sanctioned by a judge for lying in court to illegally remove a child from her father. And in North Carolina, a young man sued the child services supervisor "who adopted him, only for her and her boyfriend to spend several years abusing him."

In short, parents are losing custody without cause in far too many cases – and often losing their permanent parental rights, as well. Yet the lack of a sound legal standard leaves the door open for judges and child welfare workers to continue the system as it is. The system is failing children, failing families, and failing our country as a whole.

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Parental Rights and Parents with Disabilities

General Direction: No real change, but growing awareness
Parents with disabilities have been left unprotected since the shameful Buck v. Bell Supreme Court decision of 1927. Because of that ruling, which allows states to "prevent those who are manifestly unfit from continuing their kind," 35 states today include disability as grounds for termination of parental rights. Ten states and the District of Columbia allow physical disability as the sole grounds for TPR – even without evidence of abuse or neglect[i].

It is perhaps no wonder, then, that Massachusetts was caught committing "extensive, ongoing violations" of the Americans with Disabilities Act in their removing of Sara Gordon's baby simply because Sara has a disability, according to a letter from the U.S. Department of Justice last year.

American society as a whole is no longer comfortable with the idea of taking children from parents with a disability simply because of their disability. We are outraged by stories like Sara's, or like that of the Missouri couple who lost their baby in 2010 because both parents are blind. (Their baby was returned 57 days later, but valuable bonding and nursing time had been lost.) But to date the laws that would protect these parents have yet to be passed.
 
[i] Stats in this paragraph from Christopher and Dana Reeve Foundation, "Know Your Rights Toolkit" (2016), pp. 3-4.

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Solution: The Parental Rights Amendment
A proposed Parental Rights Amendment to the U.S. Constitution (PRA) would provide that "the liberty of parents to direct the upbringing, education, and care of their children is a fundamental right." By setting a firm constitutional standard to protect these rights, the Amendment would provide clear direction for courts, doctors, child welfare workers, and other government officials. Racial bias would diminish as fewer cases are left to the discretion of a judge or other state agent.

Another provision of the proposed Amendment would protect the rights of persons with disabilities so that mothers like Sara Gordon never lose their children in the first place. The proposal states, "The parental rights guaranteed by this article shall not be denied or abridged on account of disability."

The attack on parents in America continues. The PRA provides the single greatest means for parents to fight back – and win.

To donate to make the PRA a reality, click here.

Sincerely,

Michael Ramey
Director of Communications & Research


Learn "How To Win In Court" ... without a lawyer
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,
GranPa Chuck

Researcher, Editor, Publisher, Collector


Tuesday, February 7, 2017

Make America Great Again: Visitor from the Past

A VISITOR FROM THE PAST
Author unknown

I had a dream the other night that I didn't understand. 
your Profile Photo, Image may contain: text
A figure walking through the mist, with a flintlock in his hand.
His clothes were torn and dirty, as he stood there by my bed,

He took off his three cornered hat, and speaking low, he said: 


  • "We fought a revolution, to secure our liberty.
  • We wrote the Constitution, as a shield from tyranny,
  • For future generations, this legacy we gave,
  • In this, the land of the free and the home of the brave."
    "The freedoms we secured for you, we hoped you'd always keep.


But tyrants labored endlessly, while your parents were asleep.
Your freedom gone, your courage lost, you're no more than a slave,
In this, the land of the free and the home of the brave."

  • "You buy permits to travel, and permits to own a gun,
    Permits to start a business, or to build a place for one.

    On land that you believe you own, you pay a yearly rent,

  •  Although you have no voice in choosing how the money's spent."
  • "Your children must attend a school that doesn't educate.
  • Where your Christian values can't be taught, according to the state.
  • You read about the current news, in a regulated press.
  • You pay a tax you do not owe, to please the I.R.S."
  • "Your money is no longer made of silver or of gold.
  • You trade your wealth for paper, so your life can be controlled.
  • You pay for crimes that make our nation turn from God in shame,
  • You've taken Satan's number, as you've traded in your name."
  • "You've given government control to those who do you harm,
  • So they can burn down churches, and steal the family farm,
  • And keep the country deep in debt, put men of God in jail,
  • Harass your fellow countrymen, while corrupted courts prevail."
  • "Your public servants don't uphold the solemn oaths they've sworn.
  • Your daughters visit doctors so their children won't be born.
  • Your leaders ship artillery and guns to foreign shores,
  • And send your sons to slaughter fighting other people's wars."
  • "Can you regain freedom for which we fought and died?
  • Or don't you have the courage or the faith to stand with pride?
  • Are there no more values for which you'll fight to save?
  • Or do you wish your children to live in fear and be a slave?"
"Sons of the Republic, arise and take a stand!
  • Defend the Constitution, the Supreme Law of the Land!
  • Preserve our great republic and each God-given right,
  • And pray to God to keep the torch of freedom burning bright!"
As I awoke he vanished, in the mist from which he came.
His words were true, we are not free. We have ourselves to blame.
 

For even now as tyrants trample each God-given right,
We only watch and tremble, too afraid to stand and fight.
If he stood by your bedside, in a dream while you're asleep,
And wondered what remains of our rights he fought to keep,
 

What would be your answer, if he called out from the grave?
Is this still the Land of the Free and the Home of the Brave?

Friday, February 3, 2017

We are in a state of WAR

"Make no mistake: A war is already under way in America, and it’s a war being waged by the unhinged Left in an attempt to destroy America, obliterate liberty, collapse the Trump administration and overthrow the Republic. (Quote & Picture from this Article. Read More: http://www.naturalnews.com/2017-02-02-defundberkeley-time-to-pull-all-federal-funds-from-uc-berkeley-after-liberal-students-turn-into-violent-thugs-to-block-milo-speech.html )

Thursday, January 12, 2017

AZ: Nuts & Bolts to Filing a Civil Rights Claim-Shawn McMillan Sunday, January 29 at 10 AM - 1 PM MST

Mark Your Calendar>> Training Event
Sunday, January 29 at 10 AM - 1 PM MST
702 W Deer Valley Rd, Phoenix, AZ 85027-2137
Details



  • Are you filing your own civil rights complaint?
  • Do you want to know how to start the process? 
     
  • This workshop is aimed to provide parents, foster parents, grandparents, caregivers, extended family, and advocates information regarding how families can pursue their rights against Child Protective Service agencies

    Attorney Shawn McMillan will discuss relevant information pertaining to civil proceedings, including case law, articles, and strategies to empower families to defend and preserve their civil rights while in dependency, understand the law and how the work product and complaints can easily be adapted to meet a family's particular circumstances.
    Please note Shawn McMillan will not be there to take on any new cases or to give specific legal advice. Its purely educational.

    This will be a very fortunate opportunity to hear Shawn McMillan speak on Civil rights. Many of you know Shawn from his previous lawsuits against CPS and his charitable personal efforts to empower parents with information to fight their cases on their own.

    If you can join the event, this workshop is an incredible gift by an awesome attorney, Shawn McMillian. Questions can be directed to Leigh Mortensen 602-419-6018 or leighluvs7@gmail.com

    Seating is limited, so please RSVP as soon as possible to confirm your seat.
  •  ~~~~~~~~~~~~~~~~~~~~~~~~~~~~

  • Learn "How To Win In Court" ... without a lawyer

    May you find Strength in Your Higher Power,

     GranPa Chuck

    Researcher, Editor, Publisher, Collector

     

Monday, December 12, 2016

Filing A Charge of Work Discrimination Through EEOC

If you believe that you have been discriminated against at work because of your 

  • race,
  •  color, 
  • religion, 
  • sex (including pregnancy, gender identity, and sexual orientation), 
  • national origin, 
  • age (40 or older), 
  • disability or 
  • genetic information, 
you can file a Charge of Discrimination. All of the laws enforced by EEOC, except for the Equal Pay Act, require you to file a Charge of Discrimination with us before you can file a job discrimination lawsuit against your employer. In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity. There are time limits for filing a charge.

Note: Federal employees and job applicants have similar protections, but a different complaint process.

If you file a charge, you may be asked to try to settle the dispute through mediation. Mediation is an informal and confidential way to resolve disputes with the help of a neutral mediator. If the case is not sent to mediation, or if mediation doesn't resolve the problem, the charge will be given to an investigator.

If an investigation finds no violation of the law, you will be given a Notice of Right to Sue. This notice gives you permission to file suit in a court of law. If a violation is found, we will attempt to reach a voluntary settlement with the employer. If we cannot reach a settlement, your case will be referred to our legal staff (or the Department of Justice in certain cases), who will decide whether or not the agency should file a lawsuit. If we decide not to file a lawsuit, we will give you a Notice of Right to Sue.

In some cases, if a charge appears to have little chance of success, or if it is something that we don't have the authority to investigate, we may dismiss the charge without doing an investigation or offering mediation.

Many states and local jurisdictions have their own anti-discrimination laws, and agencies responsible for enforcing those laws (Fair Employment Practices Agencies, or FEPAs). If you file a charge with a FEPA, it will automatically be "dual-filed" with EEOC if federal laws apply. You do not need to file with both agencies.

Learn "How To Win In Court" ... without a lawyer
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,

 GranPa Chuck

Researcher, Editor, Publisher, Collector

Tuesday, December 6, 2016

Rocking the Cradle: Ensuring the Rights of Parents with Disabilities and Their Children

"According to a 2012 report from the National Council on Disability, in custody cases, "removal rates where parents have a psychiatric disability have been found to be as high as

    http://www.ncd.gov/sites/default/files/styles/horizontal_page_photo/public/Dad%20and%20son%20on%20tireswing.png?itok=-anvR4lh
  • 70 percent to 80 percent; where the parent has an intellectual disability, 
  • 40 percent to 80 percent in families where the parental disability is physical, 
  • 13 percent have reported discriminatory treatment in custody cases.
Parents who are deaf or blind report extremely high rates of child removal and loss of parental rights.

 Parents with disabilities are more likely to lose custody of their children after divorce, have more difficulty in accessing reproductive health care, and face significant barriers to adopting children."

Link to "Rocking the Cradle": http://www.ncd.gov/publications/2012/Sep272012/

Toolkit

Disabled Parents Toolkit (PDF)
Disabled Parents Toolkit (plain language version)(PDF)

Report

Rocking the Cradle: Ensuring the Rights of Parents with Disabilities and Their Children (PDF)

Table of Contents

Executive Summary

The goal of this report is to advance understanding and promote the rights of parents with disabilities and their children. The report provides a comprehensive review of the barriers and facilitators people with diverse disabilities—including intellectual and developmental, psychiatric, sensory, and physical disabilities—experience when exercising their fundamental right to create and maintain families, as well as persistent, systemic, and pervasive discrimination against parents with disabilities. The report analyzes how U.S. disability law and policy apply to parents with disabilities in the child welfare and family law systems, and the disparate treatment of parents with disabilities and their children. Examination of the impediments prospective parents with disabilities encounter when accessing assisted reproductive technologies or adopting provides further examples of the need for comprehensive protection of these rights.

Learn "How To Win In Court" ... without a lawyer
 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,GranPa Chuck

Researcher, Editor, Publisher, Collector