Wednesday, January 26, 2011

Legal Template of Suing Social Workers-Title 42

This is an example of a case that went to the United States District Court in the Tucson Division of Arizona. The plaintiff, Kathy Vitarelli represented herself “pro se”. She indeed never gave up since it took about 5 years. So for your night time reading, you may want to go over this document.

The primary theme of this document was to sue the Social Workers, using Title 42, And even more important getting her child back. As near as I have learned, there was a settlement the day that this case was scheduled to go to trial.

Yes, one perhaps needs the right form. However, more important one needs to put the right stuff in this form. Perhaps one can use this as a template since there are many legal references throughout this 24 page document. Bottom line, you must organize statutes, policies, documentation, etc. particular to your concerns. As a non-legal term: “Get Your Ducks in Line”. This is true whether you have the assistance of a lawyer or not.

I am not a lawyer, I just like to research and read a lot. But then, I have to tell myself, I’m glad I am not a lawyer, since I do care for each and everyone. But I do know each and everyone needs to become an advocate for themselves. Just as Kathy did by being brave enough to go “pro se”.

I do have the “Text” version of this document.
Although I do not have a subscription to this site, it shows how many steps that were gone through over those 5 years.
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May you find Strength in Your Higher Power,GranPa Chuck
  "We the "Little" People"
    Defend Yourself>>
  My Family Reform Blog
  My Family Rights Affiliation
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Saturday, January 22, 2011

More Litigants Go To Court Without Lawyers

As technology progresses, the need for lawyers may continue to decrease.
Much of the advice they would give is now free on blogs and many documents they would fill out can be prepared from a document preparation website by those with paralegal certification. While the cost of law school continues increasing, this can be very unsettling information for many students. 

According to the National Inflation  titled: "College Bubble Set to Burst in 2011" They made an interesting statement about lawyers: "The artificially high incomes of lawyers are made possible entirely by inflation, which steals the wealth from hard working goods producing middle-class Americans and transfers it to those who add no real value to society."

State committee seeks ways to assist self-represented parties
Monday, March 16, 2009
By Christian Nolan
Waterbury Family Court Judge Elizabeth A. Bozzuto says that more than half of her court docket consists of people representing themselves. Is it a sign of the recent economic hard times; an indicator that lawyers are pricing themselves out of some business, or both?

Whatever the reason, the number of pro se litigants is on the rise. Now Judicial Branch officials are trying to figure out how they can help the do-it-yourself types through the legal process, which in turn should help speed up court dockets statewide.
“It’s just about making the process more accessible and easier for them to navigate,” said Bozzuto, co-chair of the 27-member Self-Represented Parties Committee, which began meeting last year as part of Chief Justice Chase T. Rogers’s Public Service and Trust Commission.

Bozzuto explained that many self-represented litigants come to family court seeking divorce or child custody, as examples, but don’t understand why the hearing cannot take place as scheduled. For instance, she said they might not understand requirements of providing notice upon the other party.

“All those sorts of things are understandably lost on self-represented litigants,” Bozzuto said. “If it were a lawyer, the lawyer would’ve known to have the other party served.”
Judge Raymond R. Norko, who presides over Hartford Community Court, said the rise in self-represented litigants puts “the whole judicial system under more pressure.”

“It requires us to come up with plain-language forms, educational tools; requires judges to be a little more patient with self-represented litigants. It really hits the system in every direction you can think of,” said Norko, the other committee co-chair.

Family court litigants are the most likely to be pro se. From January 2007 to January 2008, 69 percent of family law cases in Connecticut involved one or more plaintiffs representing themselves. The number for defendants was 43 percent.

Bozzuto recalled when she practiced in family courts nearly a decade ago, only about one-third of the parties were self-represented. She said housing and foreclosure dockets also have many pro se litigants; it’s less common in civil and criminal law cases. “It’s pocketed,” said Bozzuto. “But where it is it is pretty prevalent.”

Judicial Branch officials lack statistics on litigants without attorneys, but the committee has sent out surveys to courts statewide to get a better grasp of the situation.
National Trend
Statistics are also scarce nationwide. Richard Zorza, coordinator of the Self Represented Litigation Network, which works with legal organizations nationwide on pro se issues, said the group also has sent out surveys.

Zorza, an attorney in Washington, D.C., does specifically connect the rise in pro se parties to the recession. “It’s absolutely under the pressure of the economy,” he said. “People don’t have money, lawyers obviously remain expensive, and more cases are being generated in more areas. People are pursuing small debts that in the past they would’ve forgiven.”

The wave of pro se litigants has grown so large that at least three court districts nationwide – in Los Angeles, San Francisco and Chicago -- have set up legal centers to provide services and advice to parties who represent themselves in civil cases.

About 150 centers exist nationwide, but most are part of state courts and vary from clinics to telephone hotlines to online resources, Zorza said. "It's certainly unique doing it in federal court," he said.

In U.S. District Court in Connecticut, the number of self-represented litigants has risen gradually each year since 2005, when there were 180. The number has crept up to 199, 203 and then 267 from 2006-08.

“I don’t know if it’s an economic indicator or they couldn’t find an attorney to take the case,” said Robin Tabora, the district court clerk. “People get more and more educated; maybe they feel more comfortable representing themselves.”
Plain English
In Connecticut, Norko’s committee has already discussed some specific proposals and must submit recommendations to the Judicial Branch by June.

First off, committee members intend to ensure that all paperwork that self-represented litigants need is in “plain English” – meaning easy to understand and not filled with complicated legal terms.

Next, when a pro se litigant asks for one form, they will be given all related forms. As Norko explained it, rather than just giving a litigant “Form A,” they’ll be given Forms “A through F” because they might not know they even need the others.

Already, court support service centers are in all of the state’s judicial district courts and will eventually be in all courthouses statewide. Judge Bozzuto described the centers as “self-help desks” where litigants can find the materials they need to get their paperwork in order. Officials also plan to launch a web site that would assist pro se litigants.

Another idea under discussion would require a change in Connecticut’s Practice Book. Bozzuto described it as “unbundling.” The idea is that if a pro se litigant begins, for example, a family law case without an attorney, then later feels overwhelmed, he can hire a lawyer for just one aspect of the case, such as child custody.

Also under discussion is designating days when the entire docket in a particular courtroom consists of pro se cases and setting up “advice days” when pro se litigants can meet with volunteer attorneys.

Meanwhile, courts will continue to be flooded with self-represented litigants. In general, Bozzuto said she does not mind the challenge.

“Do I have to take a step back, take a few extra minutes to explain the process? Sure,” said Bozzuto. “But to me, at this point, it doesn’t seem so bothersome.”

 
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Summary
Here are some links to sites about pro se litigation that you may find of interest. If you know of a site we should add to this list, please send an e-mail to ajs@ajs.org
Click here for national self-help sites
Click here for state self-help sites
Click here for local self-help sites
Click here for law school self-help sites
Click here for related organization
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Parents Know Your Legal Terminology

Legal Terminology and Related Terms 
Go To>> Web Edition w/ continuous updates
I am not a lawyer. However, over a decade of sharing, caring, and guidance,Nationally ,I have learned much about our Judicial System... Hey, I am still learning.

The following pages contain legal terminology and related terms you will need to be familiar with.  These pages contain words particular to our cases as parents. 
"Please be advised that the information provided to you as a courtesy may not reflect current revisions, amendments and/or changes in your states statutes and codes. You must go to your government website to check for and download those revisions and/or amendments yourself". (If you can't find a definition on this page Go To this page now and search terms. However, the most widely used legal dictionary is Black's Law Dictionary)

A term "everyone" should know since it is key the the Burden of Proof needed depending on the Court system. (Note: Ever wonder why OJ won his case in Criminal Court, but lost in Civil Court???)
In a civil case, the plaintiff has the burden of proving the facts and claims asserted in the complaint. If the respondent, or defendant, files a counterclaim, the respondent will have the burden of proving that claim. When a party has the Burden of Proof, the party must present, through testimony and exhibits, enough evidence to support the claim. The amount of evidence required varies from claim to claim. For most civil claims, there are two different evidentiary standards: preponderance of the evidence, and clear and convincing evidence. A third standard, proof Beyond a Reasonable Doubt, is used in criminal cases and very few civil cases.

The quantum of evidence that constitutes a preponderance cannot be reduced to a simple formula. A preponderance of evidence has been described as just enough evidence to make it more likely than not that the fact the claimant seeks to prove is true. It is difficult to translate this definition and apply it to evidence in a case, but the definition serves as a helpful guide to judges and juries in determining whether a claimant has carried his or her burden of proof.

The majority of civil claims are subjected to a preponderance of evidence standard. If a court or legislature seeks to make a civil claim more difficult to prove, it may raise the evidentiary standard to one of clear and convincing evidence.

Under some circumstances use of the low preponderance of evidence standard may be a violation of constitutional rights. For example, if a state seeks to deprive natural parents of custody of their children, requiring only proof by a preponderance of evidence is a violation of the parents' due process rights (Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 [1982]). Freedom in matters of family life is a fundamental liberty interest, and the government cannot take it away with only a modest evidentiary standard. However, a court may use a preponderance of evidence standard when a mother seeks to establish that a certain man is the father of her child (Rivera v. Minnich, 483 U.S. 574, 107 S. Ct. 3001, 97 L. Ed. 2d 473 [1987]). Most states use the preponderance of evidence standard in these cases because they have an interest in ensuring that fathers support their children.
http://legal-dictionary.thefreedictionary.com/Preponderance+of+evidence (added 2/08-GPC)(Related Reading: Burden+of+Proof+Begone.pdf (added 8/09)

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  • Related reading: Visit Index to Legal Assistance Page Click Here:
    ___________________________________________________
    National Foster Parent Coalition for Allegation Reform (NFPCAR) was  originated by Foster Parents Falsely Accused, in 2001. Throughout the years, and close to 80,000 posts on our Yahoo Discussion Group,  the organization has evolved to include ALL PARENTS  Falsely Accused by the Agencies, who were designated to Protect The Children.  We are the victims of the Governmental system (Parens patriae), who are supposed to be the protectors of abuse. It is time to stop the devastation to innocent families which is occurring daily across the country.  (Founded 2001)
     Join Us on facebook Go Now
    Foster Parents Legal Solutions (FPLS) was founded 1998. Our mandate was forged from direct personal involvement. We witnessed, first hand, the foster parent dilemma. We have personally experienced the bureaucratic quagmire with its personnel maze leading down the path to a legal and social abyss. We were made painfully aware of the need for a safety net against this out of control run away “child protection system”.
    Join Us on facebook     Go Now




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UPDATE: Standing in the Shadow of the Law--Your Essential Legal Note Book

Standing in the Shadow of LAW!
Your Essential Legal Note Book
Link to Cover

Fourth Edition Now at Publishers
for Page Layout Editing
Anyone interested in a copy when Published
Please email

Contents
 Copyright © 2011
 Disclaimer

Chapter Title
Chapter 1. Administrative Law 
What is Administrative Law
Related Reading
Chapter 2. Our Rights are Being Trampled
Chapter 3. Intimidation 101
Chapter 4. The PRICE TAG That Lady Justice Wears
Chapter 5. Documentation.  How Important Is it?
Chapter 6. Creating Your Own Law Book
Reason for Law Book
Details on Setting up Your Law Book
 Using Your Law Book
Stand Up for Your Rights
Chapter 7. News Article Collection
Chapter 8. Criminal Law
 Legal Terminology
(Online Only- Rev. 02/11)
All Rights Reserved
Standing in the Shadow of the Law
  March 2011
~~~~~~~~~~~~~~~~~~~~~~
1-Reason for Law Book
Please allow me explain the REASON for the law book.
As we have seen in the many examples of our fellow foster parents who have followed our methods of preparations in laying out their cases in what we describe on this group as our "LAW BOOKS" time and time again. We are to be ready to give an answer...that means that if we are asked a question in a courtroom setting we can simply _*turn to that month, that week, that day in our law books and *__*bingo we have the answer to the question that has just been asked of us*_. The organization is impressive to anyone who witnesses it, I myself have witnessed this mouth dropping event in a court of law.
Don't know if any of them are willing to share their own experiences with the LAW BOOK with us but I'm sure everyone would like to hear their stories on how being prepared helped with their cases.
No one expects a lowly, uneducated foster parent to be able to defend themselves with such precise expertise and detail that any attorney would envy. This method has been proven time and time again as effective and impressive. If you follow it you will indeed be ready to give an answer as the Bible clearly tells us. You are in essence learning how to prepare not only your own case but to assist in helping other foster parents prepare their own cases. Your attorney will appreciate your intense organization and your work a great deal and the preparation that you do will one day come in handy, if not now in the future you will be happy you have already taken these steps.
Do it now while things are fresh in your memory.
The first thing you do is purchase a 4" loose leaf notebook.
On our NFPCAR Website, there are two webpages to start your search:
  1. Directors and References for your State Index
  2. Legislation and Statute Index State by State
  3. To organize your main points, here is download to a word processing file>> 5 Level Outline Template. Basic instructions on using an outline are on the template.
Go to your state.
There you will find the Foster Parent and Agency Policies & STATUTES for your state. You can either Download them to your PC. Or just print off or save only the ones pertaining to foster parents, place them into your law book.
The second thing you want to place in your law book is a copy of the investigative report, after you have gone through it with a fine tooth comb. This of course is after your attorney has obtained it. Highlight each and every word that you disagree with, everything that is an untruth, a lie, a stretch of the truth.
Then go back and gather proof of each and everything that you have highlighted to prove what you are saying is truth and that what is being said in this report is lies.

The Third thing you need in your law book is copies of your journal and dividers for months. Get the kind that has
pockets in the front of them for receipts. Divide the receipts into envelopes *one for each week in that month*. Paper clip each day together and place it into that weeks envelope. Make a list of each weeks receipts on separate sheet of paper and place them behind the pocket. Put the dates that it covers on the envelope in the pocket and the sheet of paper so that you can turn to that month and at a glance see your entire schedule for that week. Recreating your days at a glance through your receipts, check stubs, ATM receipts, etc.
I know that this is a lot of work but trust me when I say that someday you will be glad that you have taken the time to do this, and so will your attorney. Who knows that little foster daughter or foster son may someday return to you and want to sue CPS for damages that they have endured throughout their life and you will have the evidence for them to do so, keep this law book for them, tell your attorney you want this evidence back to keep for them for future use.
  • Remember, what Social workers **say is **automatically believed while whatever we as foster parents say must be backed up with documentation, WE MUST PROVE what we say is true.
  • You must be able to prove what you say is TRUTH without a shadow of a doubt. Doctors receipts, cash register receipts to re-create your day if need be. to offer proof of your whereabouts if need be. ie: a receipt that shows you were at the dry cleaners at 4:47 pm on Jan. 14th,2007 another receipt proves that you were then at Domino's Pizza picking up the pizza for a pizza party at your home at 5:23pm on Jan. 14th, 2007 then home for the party by 6:00 pm and there until 9:00 pm with your husband and 17 other children and their parents. Not in the parking lot of CVS at Gateway Mall, in Sparks Nevada, spanking Johnny at 6pm as was reported by an anonymous caller.
  • Think this allegation is going to go away? You get the idea? This is the importance of documentation and your "LAW BOOK". If you were in the courtroom and the investigation reported this incident as founded do you think that your receipts would prove otherwise? Of course your Law book would save the day.
     
  • So in summary,  Chapter 6 from Standing in the Shadow of the Law for Creating your own Law Book.
2-Using Your Law Book
Here are a few suggestions.
  1. Start a support group....invite these people to join our Foster Parent Allegations Group....we are here to support anyone who needs our help....
  2. Set up a corner of your home as a resource center library for the use of this support group.
  3. As in our Foster Parent Allegations Yahoo  group, it helps you put together your LAW BOOK; and you can share it with others in your own little support group.
  4. Take up a collection within your little group and order a copy of the National Foster Parents Legal Manual that they produced, it contains valuable information that all foster parents should be aware of. This could be made available in your support group resource center corner too.
  5. Consider This
    A. Allegations the Storm that no One tells you is coming.
    B. Documentation, Just How Important is it?
    C. Administrative Law. Are you familiar with them in Your State?
  6. We will also send you FREE BROCHURES on our Foster Parents Legal Program. *IT IS OUR program,* and are the National Administrators for the program. PPL Underwrites it for us. Write to me privately and I will answer your questions. or Just call the office toll free at 1-877-FPA-CHILD (372-2445)

     To Other eReferences
Please visit our website
http://www.foster-parents-legal-solutions.com/
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Friday, January 21, 2011

Questions You Want to Ask Your Lawyer


The information given below is from members in our Yahoo Foster Parent Allegations Group. If you have any addition comments, please let me know, 
Email >> GranPa Chuck  OR Add Comments
(Please note: you will see CPS, DCF, etc. There may be other logo letters used for your state. In essence, it is the government agency that is responsible for families and children.)
Questions  ~Additional Comments  ~Related Information -The Lighter Side
The very first thing you need to remember that YOU ARE DOING THE INTERVIEWING not the other way around. You are hiring him/her to represent you, not the other way around. Just because they are designated as an Administrative Law Attorney, does not necessarily mean that they have handled this type of case. As Administrative Law Attorneys, they may have handled cases for policeman, fireman, or a teacher, who are all under Administrative Law....but they may not have represented a foster parent and so may not have been up against CPS before. SO ASK.
These questions will let you know whether you are dealing with an attorney who is sharp and aware of what is going on behind the scenes and is working with a full deck, sharp, and well aware of what is going on around him/her or not. You want an aggressive lion that is not afraid of the big bad wolf, (CPS); one who is not afraid to WIN; and make fools of this powerful enemy. This is what you need.

Questions

Questions that you may want to ask any attorney, while interviewing them, are these;
  1. Have you ever handled a case against CPS before? If so, what was the outcome?
  2. Have you ever worked for any department of CPS before?
A member from Florida states, most of the attorneys, at least the ones we have found in the Tampa area, will go to bat with DCF. That is why they furthered their education. I think the plan was to help families. However after being involved with DCF on the other end, several attorneys have told us DCF is a hard nut to crack and these cases can be costly.
I would like to know how well some attorneys know the Judges that are hearing the family cases.  That is why I asked another member who she is working with. Any time we find an attorney in Central Florida, who is willing to go up against DCF, we want to add them to a list. There are two so far. Her attorney may not be good at Administrative Law but he sounds like he understood her issues with DCF.
  1. Do you find it harder, or different in any way, to prepare for a case in an Administrative Inquiry/Hearing setting that a ordinary court of law? (Making sure that he/she understands the differences between the two).
  2. What judges within the system do you recommend that we try to obtain to hear my case for _*fairness and justice*_ in the decisions rendered?
In most cases an attorney is aware of the judges that hear particular types of cases, ie; family court where divorce involving custody/disputes/child support etc. and in other particular divisions like Administrative Law or juvenile justice systems. So they are somewhat familiar with court rulings and the leanings that particular judges have and any prejudices that those judges have; ie "*_the hanging judge_"* that hates husbands who don't pay child support who commonly throw the book at them and/or send them to jail, etc. They normally try to steer clear of this particular judge if they are presenting a child support case and representing a husband who is in arrears in child support.
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Additional Comments
from a Group Member

I have some ideas since I have represented people at Administrative Hearings.  Since I am a paralegal, I am allowed to do that.  I found it frustrating having an attorney at our hearing since we have to talk to him about everything until we testified. 
The big problem I see with representing yourself is DCFS has all our taxpayers money at their disposal and (here in Illinois, anyway) often have two attorneys. With our hearing it did get narrowed down to one. The one quit in the middle of our hearing.  I think she saw what was coming and didn't want to be a part of it. 
The one I did in Central Illinois, the lady did not get the decision overturned.  However, you can't believe the stuff that went on while she was out of the room.  The judge and DCFS attorney actually discussed in front of me how they were trying to talk someone into saying things (obviously not true) to win their case. I still have notes of exactly what they said.  They tried very hard to intimidate me and even sent me a letter saying I couldn't be on the telephone conference because they heard someone in the background, and the hearings are supposed to be confidential.  It was my 10-year old son who could care less about what was being said.  Consequently, I didn't get to finish the hearings. 
Before hiring an attorney for our hearings, I talked and interviewed three different attorneys.  I knew this attorney had to be knowledgeable and aggressive.  This attorney had worked in the public defenders office and had a lot of dealings with DCFS.  He did a great job even though we didn't get the decision overturned. 
A good law judge will listen to evidence on both sides and not allow further evidence to be entered.  Our judge did exactly that.  It didn't give our attorney a chance to ask us what really happened.  I think it is very difficult to have a fair judge when they are hired by DCFS.  One DCFS attorney openly flirted with the judge during our hearing (the one who quit).  The hearing should have been ended.  I didn't know as much then as I do now, but I think in retrospect we should have asked for a new law judge.  It's just that our hearing lasted 345 days as it was, and we were tired of it all. 
   I don't know if this helps you much, but I sure did see what a law judge should NOT be.
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Related Information

Tips and Tactics Introduction into the Court System
I always have 3 signs you need a lawyer.

1) The other guy has one.
2) The other side says you don't need a lawyer.
3) The other side says just sign it, its a formality.

A supposed quote of Danny De Vito's character in Other Peoples Money, "I have
lawyers for the same reason people have nuclear weapons. The other guy has
them."

The real quote:

Kate Sullivan: Well, for someone who has nothing nice to say about lawyers, you
certainly have plenty of them around.
Lawrence Garfield: They're like nuclear warheads. They have theirs, so I have
mine. Once you use them, they f* up everything.
Back to Top  OR
Back to Legal Assistance Index

Other eBook References: http://nfpcar.org/eBook/index.htm
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Thursday, January 20, 2011

How YOU Can Control Judges!

I am not a lawyer. Please see this Disclaimer, relating to my affiliation and the presentation of this information.
My  Sponsor 

Related Information and Coming Soon "Standing in the Shadow of the Law", 4th Edition
_________________________

Using Legal Research to Find the Controlling Law.


You cannot win without controlling judges.
This is absolute.
If you don't control the judge, the judge will do whatever the judge wishes to do, and there will be nothing you can do about it afterward!
  • You won't be able to appeal.
  • You won't be able to challenge the judgment.
  • You'll be dead in the water!
If you don't have a court reporter present at every hearing (and I do mean every hearing), the judge knows he or she can run roughshod over you, because without a transcript record of the proceedings, appeal is not likely to succeed. It's essentially impossible!
But, having a court reporter isn't enough. You must know how and when to object and give proper grounds for your objections ... proper legal grounds ... or your objections will be overruled ... and there won't be anything you can do about it!
Finally, you must be able to cite and quote controlling "legal authority" (appellate court decisions) for every point of law you seek to make on the court's record!
The judge is not the authority!Control Judges with Jurisdictionary!
Get this clear in your mind and stop fearing the judge! Judges are employees of our tax-supported government, and they can be controlled once you learn a few basics.
Judges don't like to be reversed on appeal. They don't like it when the appellate court justices write an opinion telling the entire world the judge was wrong!
Therefore, you must make it crystal clear on the court's record that the judge will be reversed on appeal if he rules against you.Learn from Jurisdictionary step-by-step
Otherwise, a judge is free to ignore everything you say and rule any way he pleases in spite of what the law and facts may prove to the contrary ... because he knows he will not be reversed on appeal.
The appeal process will not give you another bite at the proverbial apple. Either you make your points with the trial judge by citing "legal authority" that controls him, or you run the risk of losing your case and being stuck with the decision forever!
Don't believe me?
Go tell a judge what your personal opinions are about the law and how you think he should rule in your case, and see how far it gets you!
You will lose if you don't cite "legal authority"!
The only opinions that count in court are the written opinions of appellate court justices who stand in judgment of trial level judges and have power to reverse them if they disagree with appellate decisions in any way!
Your opinions (no matter how clever or persuasive) count for nothing in court.
You must clearly show the judge on the record by citing official legal authorities from appellate decisions, exactly what will happen if the judges rules against you!
This is how smart lawyers win in court.
Stupid lawyers are afraid of judges, afraid to threaten appeal, so they lose ... routinely!
Clever argument is not enough.
Knowing the law is not enough.
Controlling judges is what wins lawsuits!
You control judges by making clear on the record what higher level appellate courts have ruled in the past, what opinions those higher courts have passed down, and why the higher courts will reverse the trial judge's orders if he rules contrary to what the appellate courts require.
You must provide citations to official legal authority in motions, memoranda, objections, and verbal arguments at hearings and at trial (if you don't win before trial using the easy-to-learn methods we teach in my affordable step-by-step  Jurisdictionary® course).
You must tell the judge why you should win - by citing official legal authorities the judge is required to obey:
  • court rules,
  • constitutional provisions,
  • statutes,
  • codes, and
  • most importantly the opinions of higher courts that clarify what those rules, constitutional provisions, statutes, and codes really mean!
What you think they mean doesn't count! Trust me!
How you choose to read and interpret those things doesn't count.
The only thing that counts is how the appellate courts read and interpret them, and what they say those things mean in regard to the facts of your case.
The other side will cite legal authorities for their case.
You must do the same ... if you want to win.
If you've wandered through a law library in search of legal authority, you were probably amazed to find crowded shelves stuffed with volumes of similar-looking books differing only by the mysterious numbers printed on their spines. Books that give no hint which one might hide the key to unlock the judge's favor in your case.
In a well-stocked law library there are thousands of books.
You cannot possibly read them all to find what you seek, and even the indexes, appendices, and annotations are a complex nightmare that requires years of experience to master.
On the other hand, on-line legal research is easy.
We show you how in our course.
Beware cheap on-line resources. They can't be trusted. Their databases are incomplete, inaccurate, and seldom up-to-date. When shopping for on-line legal research, insist on sites that keep their databases current and provide access to all official resources necessary to win your case.
Learn how to object and give legal grounds for your objections on the record!
Learn why you must have a court reporter present at each and every hearing to avoid courtroom corruption!
Learn how to use on-line legal research and how to cite case-winning legal authority in my affordable step-by-step 24-hour  Jurisdictionary® self-help course!
Know how to control the judge - or you will lose!
These "Tips & Tactics" newsletters are only the very tip of the iceberg of lawsuit knowledge you need to win. If you don't already have my 24-hour step-by-step self-help course, go to my website and order now!
Learn how to research and cite ... so you can WIN!
As Woody Guthrie used to sing, "This Land is our Land," and that includes every courtroom and every courthouse from San Diego to Bangor, Maine.
Why let lawyers control our lives with trickery, when it's easy for each of you to help not only yourselves but also a few of the millions of other good people who'll undoubtedly be utterly destroyed by courtroom corruption if you don't help them every way you can!
Urge everyone to get my course!
Do it for your children!
Dr. Frederick David Graves, JD
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
May you find Strength in Your Higher Power,


 GranPa Chuck
  "We the "Little" People"
    Defend Yourself>>
  My Family Reform Blog
  My Family Rights Affiliation 

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Model State Legislation ~ Parental Due Process Act

I am not a lawyer. Please see this Disclaimer, relating to my affiliation and the presentation of this information.
Standing in the Shadow of Law NOW Available>> Learn More

~~~~~~~~~~~~~~~
Model State Legislation
Parental Due Process Act
There is currently an effort in the State of California to have the model legislation (below) passed in an effort to ensure Parental Due Process in the Juvenile Dependency Courts. The model legislation was written by a team of attorneys at Pacific Justice Institute http://www.pacificjustice.org/ in Sacramento California.
Anyone wishing to get involved and/or support this legislation please contact Greg Smart at cpsvictim@gmail.com
A BILL
To protect the fundamental due process rights of a parent in proceedings to terminate parental rights.
 
SECTION 1. SHORT TITLE.
This shall be cited as the “Parental Due Process Act.”

SECTION 2. FINDINGS AND PURPOSES.
(a) FINDINGS- the legislature finds that--
(1) Parental rights are so fundamental to the human condition so as to be deemed inalienable. Termination of parental rights equals or exceeds the detriment of criminal sanctions.
(2) The “liberty interest of parents in the care, custody, and control of their children is perhaps the oldest of the fundamental liberty interests” recognized by the U.S. Supreme Court. Troxel v. Granville, 527 U.S. 1069 (1999). Moreover, the companionship, care, custody, and management of a parent over his or her child is an interest far more precious than any property right. May v. Anderson, 345 U.S. 528, 533, (1952). As such, the parent-child relationship is an important interest that undeniably warrants deference and, absent a powerful countervailing interest, protection. Stanley v. Illinois, 405 U.S. 645 (1972).
(3) State and local family services, child protective agencies, and courts have not recognized the rights of parents as inalienable, and, as a result, have failed to provide fundamental due process rights in the investigation and legal proceedings to determine abuse, neglect, and the termination of parental rights.
(b) PURPOSE- The purpose of this Act is to provide core fundamental due process rights to parents whose parental rights are subject to termination.

SECTION 3. DEFINITIONS.
As used in this Act:
(1) “Hearing” means any judicial or administrative hearing;
(2) “law enforcement officer” means an employee, the duties of whose position are primarily the prevention, investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position, or serving as a probation or pretrial services officer;
(3) “agency” means any state or local government;
(4) “Duress” consists of:
a. Unlawful confinement of the person of the party, or of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife;
b. Unlawful detention of the property of any such person; or,
c. Confinement of such person, lawful in form, but fraudulently obtained, or fraudulently made unjustly harassing or oppressive.
(5) “Actual fraud” consists of any of the following acts, committed by a party, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into an agreement or to rely upon it to his detriment:
a. The suggestion, as a fact, of that which is not true by one who does not believe it to be true;
b. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
c. The suppression of that which is true, by one having knowledge or belief of the fact;
d. A promise made without any intention of performing it; or,
e. Any other act fitted to deceive.
(6) “Undue influence” consists of:
a. In the use, by one in whom a confidence is reposed by another,
or who holds a real or apparent authority over him, of such
confidence or authority for the purpose of obtaining an unfair
advantage over him;
b. In taking an unfair advantage of another's weakness of mind; or,
c. In taking a grossly oppressive and unfair advantage of another's necessities or distress.
(7) “Malice" means conduct that is intended by the person to cause injury or despicable conduct that is carried out with a willful and conscious disregard of the rights or safety of others;
(8) “Emergency” means exigent circumstances in which immediate action is required to prevent the imminent physical injury or death of a child.

SECTION 4. HEARINGS OPEN TO THE PUBLIC.
(a) Upon the request of a parent, guardian or custodian, the right to have proceedings open to the public shall be guaranteed in the following circumstances:
(1) any hearing for the purpose of terminating parental rights;
(2) any hearing for the purpose of determining if a child is or has been deprived.
(b) Notwithstanding subsection (a), a judge may, upon consideration of written motion and papers filed in opposition, exclude the public if it is determined, by a preponderance of the evidence, that the safety of the child would be in jeopardy by a public hearing.
If the public is excluded from the hearing, the following people may attend the
closed hearing unless the judge finds it is not in the best interests of the child:
(i) the child's relatives;
(ii) the child's foster parents, if the child resides in foster care; and,
(iii) any person requested by the parent.
SECTION 5. TRIAL BY JURY
Upon the request of a parent, guardian or custodian, the right to a trial by jury shall be guaranteed in the following circumstances:
 (1) any hearing to terminate parental rights;
(2) any hearing to determine if a child is or has been deprived.

SECTION 6. RELIGIOUS/CULTURAL/MORAL/ETHNIC VALUES AND BELIEFS OF PARENTS

In placing the legal custody or guardianship of a child with an individual or a private agency, a court shall take into consideration the religious, cultural, moral and ethnic values of the child or of his/her parents, if such values are known or ascertainable by the exercise of reasonable care.

SECTION 7. ELECTRONIC OR DIGITAL RECORDING OF INTERVIEWS

Except in the case of an emergency, any law enforcement officer, agent or employee for a state’s health and welfare department or child protective services, or mental health professional, who interviews a child for the purposes of investigation, shall electronically and/or digitally cause to be made an audio and visual recording of all questioning of, and interviews with, children. All recordings made pursuant to subsection (a) shall be made available to the parent, guardian or custodian of a child not later than ten days prior to any hearing to terminate parental rights or to determine if a child is or has been deprived.


SECTION 8. EVIDENCE IN FACT-FINDING HEARINGS
(a) Only evidence that is competent, material and relevant may be admitted in a
fact-finding hearing.
(b) Any determination at the conclusion of a fact-finding hearing that
a respondent did an act or acts must be based on proof beyond a
reasonable doubt. For this purpose, an uncorroborated confession made
out of court by a respondent is not sufficient.

SECTION 9. RIGHT TO A SPEEDY TRIAL
(a) In that removal of a child from a home for even brief periods is an extreme hardship on families, upon the request of a parent, guardian or custodian, the right to a speedy trial shall be guaranteed in the following circumstances:
(1) any hearing to terminate parental rights;
(2) any hearing to determine if a child is or has been deprived.
(b) A hearing, as described in subsection a, shall be conducted within thirty days of any type of removal of a child. In the event that the thirtieth day falls on a legal holiday or other day when the court is not in session, the hearing shall be conducted prior to the thirtieth day. In no event shall a hearing be conducted beyond the thirtieth day after the removal of a child if the right to a speedy trial has been exercised.
SECTION 10. WAIVER OF RIGHTS
The rights of a parent or guardian as described in this Act cannot be waived, neither can parental rights be terminated, if said waiver is due to:
(1) mistake;
(2) fraud;
(3) undue influence; or
(4) duress.

SECTION 11. IMMUNITY
(a) Notwithstanding any other provision of law, the civil immunity of juvenile court social workers, agents or employees of a health and welfare department or child protective services or law enforcement official authorized to initiate or conduct investigations or proceedings shall not extend to any of the following:
(1) Perjury;
(2) Fabrication of evidence;
(3) Failure to disclose known exculpatory evidence;
(4) Obtaining testimony by duress, fraud, or undue influence.
(b) Notwithstanding any other provision of law, any prosecutor, investigator, agent or employee of a state’s health and welfare department or child protective services who induces a parent to waive any of his or her rights under this Act by
(1) fraud;
(2) undue influence; or
(3) duress shall be subject to civil liability.

SECTION 12. DAMAGES
In the case of a determination by a court or jury of any violation of a parent’s rights under this Act, damages shall be presumed.

SECTION 13. ATTORNEYS FEES
Subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988 (b) and (c)) (concerning the award of attorney's and expert fees) shall apply to cases brought or defended under this Act.

SECTION 14. SEVERABILITY
If any provision of this Act or of an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provision to any other person or circumstance shall not be affected. 

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May you find Strength in Your Higher Power,


 GranPa Chuck
  "We the "Little" People"
    Defend Yourself>>
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