Sunday, January 27, 2013

Know Thy Enemy-The Child Protective Sevices

Thought I would share part of a response given in the past from one of our group member. The primary issues:
  1. Dealing with "X" in sharing the Responsibility of the child;
  2. The Child Protective Agency is a part of this family and one of the parent's now must go to a hearing .
Does this sound familiar??
For those going before the agency, I would highly recommend:
  • You organize all information relating to your concerns.
The following may seem negative.. But it is vital to "know thy enemy" sorta speak.
  • No matter who may care for the child, the agency will try to make the parent(s), foster care giver, etc, the worst Parent in the World. In your defense, you need to come back with proof, and get "on the Record" No, I was doing the most for the proper care and protection of the child.
  • The agency will bring up your past (And yes, even unfounded) Your defense is to say, this is where I am today and Today I am perfectly capable of the proper care and protection of the child.
  • The agency works on the philosophy, confirmed to me by 2 higher ups in the past: "To err in favor of the child".. ie "Best Interest of the child"
  • Based on "Preponderance of Evidence" all either side needs is 51% proof. Beware of the tactic the agency may use.. ie

    "Did this happen more than 50% of the time; OR
                                     less than 50% of the time??"


    (I've given this before but this is well worth reviewing>> Definition of Preponderance of Evidence>> http://nfpcar.org/Legal/legalprint.htm#Preponderance_of_evidence )
    Please note, this alone, for example, is more than likely why children are so easily removed. However, for TPR to occur, evidence/proof must be "Clear and Convincing".. A reason why TPR, in many cases, takes a long time to occur.
  • One question that may come up is "Why didn't you do more for the Protection of the Child??" May sound ridiculous, but I've seen this happen many times.
I do wish and pray for the best of outcomes.. But the best defense is a great offense.. and part of this is being organized before going up against the agency, Goliath.
Here are a few more article, you may want to read?




  • The DO's and DON'T's WHENFalsely Accused
  • The Little Known "DIRTY TRICKS" of DCFS/CPS/DSS
  • Abuse in the Name of the Foster Child
  • Standing in the Shadow of the Law -A basic guide for All
  • Now Available Learn More>> Download Flyer
  • Also, Check Out our Other eReferences

  • Again, thanks for sharing.. And thanks for others sharing, it is most appreciated since, in my humble opinion: 
    the only "Experts"
    are those parents, care givers, etc. that
    truly protect and care for our children.
    ~~~~~~~~~~~~~~~~~~~~~~~~~~


     Learn More>> Click Here
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    May you find Strength in Your Higher Power,
     GranPa Chuck

    Wednesday, January 23, 2013

    Foster Care Givers are Under Contract?

    What is the significance of stating "Foster Care Givers are Under Contract?

    The most significant point is that being Under Contract with the Agency, any issues that my come up, as a Foster Care Giver, will be handled initially in Administrative Hearings and not in Family Court. In addition the rules followed are those of Administrative Law or Contract Law.
    Definitions
    administrative hearing n. a hearing before any governmental agency or before an administrative law judge. Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling

    administrative law n. the procedures created by administrative agencies (governmental bodies of the city, county, state or Federal government) involving rules, regulations, applications, licenses, permits, available information, hearings, appeals and decision-making.
    Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either by law or regulation

    It is important to consider two vital factors in dealing with administrative agencies: 
    1. the rules and regulations are often special for each agency and are not usually found in the statutes but in those regulations; 
    2. a member of the public must "exhaust his/her administrative remedies" (take every step, including appeals) with the agency and its system before he/she can challenge the administrative ruling with a lawsuit in court. 
     There are exceptions (such as emergency or obvious futility) to exhausting one's remedies, but those are rare. Administrative law can be a technical jungle, and many lawyers make lots of money from knowing how to hack their way through it on behalf of their clients.


    Documentation is Key
    Start email- "How to Fight Fraud"--------
    As related information, here is a recent email titled "How to Fight Fraud". May seem a little "off Track" but it relates to those of us under "Contract" and as we encourage everyone to defend themselves "Put it in writing!"

    Today's Tips & Tactics will help all of you who are fighting banks, credit card companies, and anyone else who fraudulently claims you owe them money! (Or for a few Foster Care Givers, being Falsely Accused)
     

    If you're an honest person being sued by a dishonest creditor (Or Agency), today's Tips & Tactics may save you a load of cash ... if you do things the way you'll learn in my official affordable 24-hour step-by-step Jurisdictionary self-help course!

    There's a reason for the phrase, "Put it in writing!"
    Every jurisdiction we know of adopts a common law principle known as the "Statute of Frauds" so people wishing to sue you for any promise they say you made to them must offer written evidence of that promise ... signed by you!

    No writing, no lawsuit.
    It could be a mortgage, promissory note, lease, credit card application, or any other promise they say you made.
    In some states, if the promise was to perform some service that was to be performed in less than one year, or to pay less than $500 for some item like a lawn mower or bicycle, no writing is required ... but if the promise was for more than a year or more than a small amount of money, the Statute of Frauds bars the lawsuit if there is no writing signed by you!
    So, what's the first thing you do when you're sued for a promise you did not make? You demand to see the original writing that bears your signature!
    How do you do that?
    End email -------

    So yes it may be off point, but Foster Care Givers are Under Contract.

    Our legal system is, unfortunately, very complex. However, whether you are a Foster Care Giver, Natural Parent, Relative, etc. it is vital to know where to start when defending yourself.

    And "Letting the Government make Decisions for Our Families" started many years ago. A term for this is "Parens Patriae"--is Latin for "parent of the nation." In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection. For example, some children, incapacitated individuals, and disabled individuals lack parents who are able and willing to render adequate care, requiring state intervention. (Read More)


    (Best Reference in Plain English to set up your Law Book)
    Excerpt from:
    Chapter 1-Administrative Law
    "...There are vast differences between the Justice system you were taught in school and Administrative Law. When you sign the Agreement with whatever agency you have chosen; from that day forward, you are subject to the Rules and Regulations that this agency has put together for foster parents to follow. This is the “Shadow of Law” called Administrative Law.”

    In our justice system, most of us realize that when we sign any contract we are entitled, BY LAW, to a copy of the Agreement or contract we just signed. But, for some reason, most foster parents do not associate becoming a foster parent with negotiating a legal contract such as a mortgage or a purchase agreement.

    We, law-abiding citizens who most of the time have never been involved in this legal system, wind up depending on the agency to watch out for our rights involving our family and future while scrutinizing and mistrusting every move a used car salesman makes in selling us a mere piece of transportation .
    Rights—like receiving a copy of the Agreement we have just signed, and receiving a copy of the manual on Rules and Regulations. We assume that they are aware of our rights, and so we move on, thinking we will take care of all this later...
    Wrong!.."

     Learn More>> Click Here
    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    May you find Strength in Your Higher Power,
     GranPa Chuck

    Tuesday, January 22, 2013

    Importance of Attorney-Client Work Product

    For those who are organizing their documentation it is vital that on your hard copies and on your computer you put the statement similar to the Example shown below. May even want to put a heading about the statement
    "Attorney-Client Work-Product"

    I have given the definition found in our online Legal Terms Section>> http://www.nfpcar.org/Legal/legalprint.htm Please note, if you have any term you want added to this section, let me know. I usually use the wiki legal section, but Black's Law Dictionary is known as the bible by the legaleze profession.
    attorney-client work-product The work-product doctrine is more inclusive than attorney-client privilege. Unlike the attorney-client privilege, which includes only communications between an attorney and the client, work-product includes materials prepared by persons other than the attorney him/her self: The materials may have been prepared by anybody as long as they were prepared with an eye towards the realistic possibility of impending litigation. Additionally, it includes materials collected for the attorney such as interrogatories, signed statements, other information acquired for the prosecution or defense of a case, "memoranda, briefs, communications . . . other writings prepared by counsel for his/her own use in prosecuting the client's case . . . mental impressions, conclusions, opinions, or legal theories."[3]
    However, the work-product doctrine is also less powerful than the attorney-client privilege because it is not a privilege, and therefore may be overcome by a showing of necessity, as described above.

    Example Statement: 
    "Contents of this document, whether on computer hard drive and/or hardcopy are protected by Attorney/Client Work-Product and anything on (in) this should be considered protected as such. Any access or disclosure of the Attorney/Client Work-Product by unauthorized persons in an attempt to hamper a person's defense of him or herself or their family can and/or will be subject to legal action."  (Added 06/10-GPC-Wiki- http://en.wikipedia.org/wiki/Work-product_doctrine  )

    Monday, January 21, 2013

    Index to All States Legal Codes

    As an example, thought I would share this Index of Family Codes for CA (Click Here to check out other states from wiki)... And for any of those who have attempted to Research the Laws, Codes, Rules, Regulations, Policies, Procedures..etc. should have found out that it is quite the task, but vital, with or without a lawyer.

    The reason I bring this up, is that most of the Policy and Procedure Manuals will merely refer you to a Code.. Which, of course you need to look that up..

    Believe me, there are sometimes I have to ask my self, why in the heck do we need Family Court for, in my opinion, it has merely complicated our Family Issues, not to mention, those in charge of our Legal System don't follow them.

    However, if anyone takes the time to review them, many times quoting the appropriate Code, etc. can help you Defend Yourself, as well as your lawyer, if you so choose.

    So for reference here is the index (Link: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=fam&codebody=&hits=20 ) There will be a quiz on this tomorrow :D



    CALIFORNIA FAMILY CODE


    TABLE OF CONTENTS

      FAMILY CODE
       DIVISION 1.  PRELIMINARY PROVISIONS AND DEFINITIONS
        PART 1.  PRELIMINARY PROVISIONS ....................................   1-13
        PART 2.  DEFINITIONS ............................................... 50-155
        PART 3.  INDIAN CHILDREN .......................................... 170-185
       DIVISION 2.  GENERAL PROVISIONS
        PART 1.  JURISDICTION ..............................................    200
        PART 2.  GENERAL PROCEDURAL PROVISIONS ............................ 210-217
        PART 3.  TEMPORARY RESTRAINING ORDER IN SUMMONS ................... 231-235
        PART 4.  EX PARTE TEMPORARY RESTRAINING ORDERS .................... 240-246
        PART 5.  ATTORNEY'S FEES AND COSTS ................................ 270-274
        PART 6.  ENFORCEMENT OF JUDGMENTS AND ORDERS ...................... 290-292
        PART 7.  TRIBAL MARRIAGES AND DIVORCES .............................    295
       DIVISION 2.5.  DOMESTIC PARTNER REGISTRATION
        PART 1.  DEFINITIONS ............................................ 297-297.5
        PART 2.  REGISTRATION ........................................... 298-298.7
        PART 3.  TERMINATION ............................................ 299-299.3
        PART 4.  LEGAL EFFECT
        PART 5.  PREEMPTION ................................................  299.6
       DIVISION 3.  MARRIAGE
        PART 1.  VALIDITY OF MARRIAGE ..................................... 300-310
        PART 2.  MARRIAGE LICENSE ......................................... 350-360
        PART 3.  SOLEMNIZATION OF MARRIAGE
         CHAPTER 1.  PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE ............. 400-402
         CHAPTER 2.  SOLEMNIZATION OF MARRIAGE ............................ 420-426
        PART 4.  CONFIDENTIAL MARRIAGE
         CHAPTER 1.  GENERAL PROVISIONS ................................... 500-511
         CHAPTER 2.  APPROVAL OF NOTARIES TO AUTHORIZE CONFIDENTIAL
                     MARRIAGES ............................................ 530-536
       DIVISION 4.  RIGHTS AND OBLIGATIONS DURING MARRIAGE
        PART 1.  GENERAL PROVISIONS
         CHAPTER 1.  DEFINITIONS ...........................................    700
         CHAPTER 2.  RELATION OF HUSBAND AND WIFE ......................... 720-721
         CHAPTER 3.  PROPERTY RIGHTS DURING MARRIAGE ...................... 750-755
        PART 2.  CHARACTERIZATION OF MARITAL PROPERTY
         CHAPTER 1.  COMMUNITY PROPERTY ................................... 760-761
         CHAPTER 2.  SEPARATE PROPERTY .................................... 770-772
         CHAPTER 3.  DAMAGES FOR INJURIES TO MARRIED PERSON ............... 780-783
         CHAPTER 4.  PRESUMPTIONS CONCERNING NATURE OF PROPERTY ........... 802-803
         CHAPTER 5.  TRANSMUTATION OF PROPERTY ............................ 850-853
        PART 3.  LIABILITY OF MARITAL PROPERTY
         CHAPTER 1.  DEFINITIONS .......................................... 900-903
         CHAPTER 2.  GENERAL RULES OF LIABILITY ........................... 910-916
         CHAPTER 3.  REIMBURSEMENT .........................................    920
         CHAPTER 4.  TRANSITIONAL PROVISIONS .............................. 930-931
         CHAPTER 5.  LIABILITY FOR DEATH OR INJURY .........................   1000
        PART 4.  MANAGEMENT AND CONTROL OF MARITAL PROPERTY ............. 1100-1103
        PART 5.  MARITAL AGREEMENTS
         CHAPTER 1.  GENERAL PROVISIONS ................................. 1500-1503
         CHAPTER 2.  UNIFORM PREMARITAL AGREEMENT ACT
          Article 1.  Preliminary Provisions ............................ 1600-1601
          Article 2.  Premarital Agreements ............................. 1610-1617
         CHAPTER 3.  AGREEMENTS BETWEEN HUSBAND AND WIFE ...................   1620
       DIVISION 5.  CONCILIATION PROCEEDINGS
        PART 1.  FAMILY CONCILIATION COURT LAW
         CHAPTER 1.  GENERAL PROVISIONS ................................. 1800-1802
         CHAPTER 2.  FAMILY CONCILIATION COURTS ......................... 1810-1820
         CHAPTER 3.  PROCEEDINGS FOR CONCILIATION ....................... 1830-1842
        PART 2.  STATEWIDE COORDINATION OF FAMILY MEDIATION AND
                 CONCILIATION SERVICES .................................. 1850-1852
       DIVISION 6.  NULLITY, DISSOLUTION, AND LEGAL SEPARATION
        PART 1.  GENERAL PROVISIONS
         CHAPTER 1.  APPLICATION OF PART ...................................   2000
         CHAPTER 2.  JURISDICTION ....................................... 2010-2013
         CHAPTER 3.  PROCEDURAL PROVISIONS .............................. 2020-2026
         CHAPTER 3.5.  ATTORNEY'S FEES AND COSTS ........................ 2030-2034
         CHAPTER 4.  PROTECTIVE AND RESTRAINING ORDERS
          Article 1.  Orders in Summons ................................. 2040-2041
          Article 2.  Ex Parte Orders ......................................   2045
          Article 3.  Orders After Notice and Hearing ......................   2047
          Article 4.  Orders Included in Judgment ..........................   2049
         CHAPTER 5.  NOTICE TO INSURANCE CARRIERS ....................... 2050-2053
         CHAPTER 6.  EMPLOYEE PENSION BENEFIT PLAN AS PARTY
          Article 1.  Joinder of Plan ................................... 2060-2065
          Article 2.  Proceedings After Joinder ......................... 2070-2074
         CHAPTER 7.  RESTORATION OF WIFE'S FORMER NAME .................. 2080-2082
         CHAPTER 8.  UNIFORM DIVORCE RECOGNITION ACT .................... 2090-2093
         CHAPTER 9.  DISCLOSURE OF ASSETS AND LIABILITIES ............... 2100-2113
         CHAPTER 10.  RELIEF FROM JUDGMENT .............................. 2120-2129
        PART 2.  JUDICIAL DETERMINATION OF VOID OR VOIDABLE MARRIAGE
         CHAPTER 1.  VOID MARRIAGE ...................................... 2200-2201
         CHAPTER 2.  VOIDABLE MARRIAGE .................................. 2210-2212
         CHAPTER 3.  PROCEDURAL PROVISIONS .............................. 2250-2255
        PART 3.  DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION
         CHAPTER 1.  EFFECT OF DISSOLUTION .................................   2300
         CHAPTER 2.  GROUNDS FOR DISSOLUTION OR LEGAL SEPARATION ........ 2310-2313
         CHAPTER 3.  RESIDENCE REQUIREMENTS ............................. 2320-2322
         CHAPTER 4.  GENERAL PROCEDURAL PROVISIONS ...................... 2330-2348
         CHAPTER 5.  SUMMARY DISSOLUTION ................................ 2400-2406
         CHAPTER 6.  CASE MANAGEMENT .................................... 2450-2452
       DIVISION 7.  DIVISION OF PROPERTY
        PART 1.  DEFINITIONS ............................................ 2500-2502
        PART 2.  GENERAL PROVISIONS ..................................... 2550-2556
        PART 3.  PRESUMPTION CONCERNING PROPERTY HELD IN JOINT FORM ..... 2580-2581
        PART 4.  SPECIAL RULES FOR DIVISION OF COMMUNITY ESTATE ......... 2600-2604
        PART 5.  RETIREMENT PLAN BENEFITS ..................................   2610
        PART 6.  DEBTS AND LIABILITIES .................................. 2620-2628
        PART 7.  REIMBURSEMENTS ......................................... 2640-2641
        PART 8.  JOINTLY HELD SEPARATE PROPERTY ............................   2650
        PART 9.  REAL PROPERTY LOCATED IN ANOTHER STATE ....................   2660
       DIVISION 8.  CUSTODY OF CHILDREN
        PART 1.  DEFINITIONS AND GENERAL PROVISIONS
         CHAPTER 1.  DEFINITIONS ........................................ 3000-3007
         CHAPTER 2.  GENERAL PROVISIONS ................................. 3010-3011
        PART 2.  RIGHT TO CUSTODY OF MINOR CHILD
         CHAPTER 1.  GENERAL PROVISIONS ................................. 3020-3032
         CHAPTER 2.  MATTERS TO BE CONSIDERED IN GRANTING CUSTODY ....... 3040-3049
         CHAPTER 3.  TEMPORARY CUSTODY ORDER DURING PENDENCY OF
                     PROCEEDING ......................................... 3060-3064
         CHAPTER 4.  JOINT CUSTODY ...................................... 3080-3089
         CHAPTER 5.  VISITATION RIGHTS .................................. 3100-3105
         CHAPTER 6.  CUSTODY INVESTIGATION AND REPORT ................... 3110-3118
         CHAPTER 7.  ACTION FOR EXCLUSIVE CUSTODY ....................... 3120-3121
         CHAPTER 8.  LOCATION OF MISSING PARTY OR CHILD ................. 3130-3135
         CHAPTER 9.  CHECK TO DETERMINE WHETHER CHILD IS MISSING PERSON ....   3140
         CHAPTER 10.  APPOINTMENT OF COUNSEL TO REPRESENT CHILD ......... 3150-3153
         CHAPTER 11.  MEDIATION OF CUSTODY AND VISITATION ISSUES
          Article 1.  General Provisions ................................ 3160-3165
          Article 2.  Availability of Mediation ......................... 3170-3173
          Article 3.  Mediation Proceedings ............................. 3175-3188
         CHAPTER 12.  COUNSELING OF PARENTS AND CHILD ................... 3190-3192
         CHAPTER 13.  SUPERVISED VISITATION AND EXCHANGE SERVICES,
                      EDUCATION,AND COUNSELING .......................... 3200-3204
        PART 3.  UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT
         CHAPTER 1.  GENERAL PROVISIONS ................................. 3400-3412
         CHAPTER 2.  JURISDICTION ....................................... 3421-3430
         CHAPTER 3.  ENFORCEMENT ........................................ 3441-3457
         CHAPTER 4.  MISCELLANEOUS PROVISIONS ........................... 3461-3465
       DIVISION 9.  SUPPORT
        PART 1.  DEFINITIONS AND GENERAL PROVISIONS
         CHAPTER 1.  DEFINITIONS ........................................ 3500-3515
         CHAPTER 2.  GENERAL PROVISIONS ................................. 3550-3558
         CHAPTER 3.  SUPPORT AGREEMENTS
          Article 1.  General Provisions ...................................   3580
          Article 2.  Child Support ..................................... 3585-3587
          Article 3.  Spousal Support ................................... 3590-3593
         CHAPTER 4.  SPOUSAL AND CHILD SUPPORT DURING PENDENCY OF
                     PROCEEDING ......................................... 3600-3604
         CHAPTER 5.  EXPEDITED CHILD SUPPORT ORDER ...................... 3620-3634
         CHAPTER 6.  MODIFICATION,TERMINATION, OR SET ASIDE OF SUPPORT
                     ORDERS
          Article 1.  General Provisions ................................ 3650-3654
          Article 2.  Discovery Before Commencing Modification or
                      Termination Proceeding ............................ 3660-3668
          Article 3.  Simplified Procedure for Modification of Support
                      Order ........................................... 3680-3680.5
          Article 4.  Relief From Orders ................................ 3690-3693
         CHAPTER 7.  HEALTH INSURANCE
          Article 1.  Health Insurance Coverage for Supported Child ..... 3750-3753
          Article 2.  Health Insurance Coverage Assignment .............. 3760-3773
          Article 3.  Assignment of Reimbursement Rights Under Health
                      Plan
         CHAPTER 8.  DEFERRED SALE OF HOME ORDER ........................ 3800-3810
         CHAPTER 9.  SOFTWARE USED TO DETERMINE SUPPORT ....................   3830
        PART 2.  CHILD SUPPORT
         CHAPTER 1.  DUTY OF PARENT TO SUPPORT CHILD
          Article 1.  Support of Minor Child ............................ 3900-3902
          Article 2.  Support of Adult Child ...............................   3910
          Article 3.  Support of Grandchild ................................   3930
          Article 4.  Liability to Others Who Provide Support for Child   3950-3952
         CHAPTER 2.  COURT-ORDERED CHILD SUPPORT
          Article 1.  General Provisions ................................ 4000-4014
          Article 2.  Statewide Uniform Guideline ....................... 4050-4076
          Article 3.  Payment to Court Designated County Officer;
                      Enforcement by District Attorney .................. 4200-4205
          Article 4.  Child Support Commissioners ....................... 4250-4253
        PART 3.  SPOUSAL SUPPORT
         CHAPTER 1.  DUTY TO SUPPORT SPOUSE ............................. 4300-4303
         CHAPTER 2.  FACTORS TO BE CONSIDERED IN ORDERING SUPPORT ....... 4320-4326
         CHAPTER 3.  SPOUSAL SUPPORT UPON DISSOLUTION OR LEGAL SEPARATION 4330-4339
         CHAPTER 4.  PAYMENT TO COURT-DESIGNATED OFFICER; ENFORCEMENT BY
                     DISTRICT ATTORNEY .................................. 4350-4352
         CHAPTER 5.  PROVISION FOR SUPPORT AFTER DEATH OF SUPPORTING PARTY     4360
        PART 4.  SUPPORT OF PARENTS
         CHAPTER 1.  GENERAL PROVISIONS ................................. 4400-4405
         CHAPTER 2.  RELIEF FROM DUTY TO SUPPORT PARENT WHO ABANDONED
                     CHILD .............................................. 4410-4414
        PART 5.  ENFORCEMENT OF SUPPORT ORDERS
         CHAPTER 1.  GENERAL PROVISIONS ................................. 4500-4508
         CHAPTER 2.  DEPOSIT OF MONEY TO SECURE FUTURE CHILD SUPPORT
                     PAYMENTS
          Article 1.  General Provisions ................................ 4550-4554
          Article 2.  Order for Deposit of Money ........................ 4560-4563
          Article 3.  Application to Reduce or Eliminate Deposit ........ 4565-4567
          Article 4.  Use of Deposit to Make Delinquent Support Payment   4570-4573
         CHAPTER 3.  DEPOSIT OF ASSETS TO SECURE FUTURE CHILD SUPPORT
                     PAYMENTS
          Article 1.  General Provisions ................................ 4600-4604
          Article 2.  Order for Deposit of Assets ....................... 4610-4617
          Article 3.  Ex Parte Restraining Orders ..........................   4620
          Article 4.  Use or Sale of Assets to Make Support Payments .... 4630-4632
          Article 5.  Return of Assets of Obligor ....................... 4640-4641
         CHAPTER 4.  CHILD SUPPORT DELINQUENCY REPORTING ................ 4700-4701
         CHAPTER 5.  CIVIL PENALTY FOR CHILD SUPPORT DELINQUENCY ........ 4720-4733
         CHAPTER 6.  UNIFORM INTERSTATE FAMILY SUPPORT ACT
          Article 1.  General Provisions ................................ 4900-4903
          Article 2.  Jurisdiction ...................................... 4905-4914
          Article 3.  Civil Provisions of General Application ........... 4915-4933
          Article 4.  Establishment of Support Order .......................   4935
          Article 5.  Enforcement of Order of Another State Without
                      Registration ...................................... 4940-4946
          Article 6.  Enforcement and Modification of Support Order
                      After Registration ................................ 4950-4964
          Article 7.  Determination of Parentage ...........................   4965
          Article 8.  Interstate Rendition .............................. 4970-4971
          Article 9.  Miscellaneous Provisions .......................... 4975-5005
         CHAPTER 7.  ENFORCEMENT BY WRIT OF EXECUTION ................... 5100-5104
         CHAPTER 8.  EARNINGS ASSIGNMENT ORDER
          Article 1.  Definitions ....................................... 5200-5220
          Article 2.  General Provisions ................................ 5230-5247
          Article 3.  Support Orders Issued or Modified Before July 1,
                      1990 .............................................. 5250-5253
          Article 4.  Stay of Service of Assignment Order ............... 5260-5261
          Article 5.  Motion to Quash Assignment Order .................. 5270-5272
          Article 6.  Information Concerning Address and Employment of
                      Obligor ........................................... 5280-5282
          Article 7.  Prohibited Practices .................................   5290
          Article 8.  Judicial Council Forms ...............................   5295
          Article 9.  Intercounty Support Obligations ................... 5600-5604
         CHAPTER 9.  PRIVATE CHILD SUPPORT COLLECTORS ................... 5610-5616
       DIVISION 10.  PREVENTION OF DOMESTIC VIOLENCE
        PART 1.  SHORT TITLE AND DEFINITIONS ............................ 6200-6219
        PART 2.  GENERAL PROVISIONS ..................................... 6220-6229
        PART 3.  EMERGENCY PROTECTIVE ORDERS
         CHAPTER 1.  GENERAL PROVISIONS ................................. 6240-6241
         CHAPTER 2.  ISSUANCE AND EFFECT OF EMERGENCY PROTECTIVE ORDER .. 6250-6257
         CHAPTER 3.  DUTIES OF LAW ENFORCEMENT OFFICER .................. 6270-6275
        PART 4.  PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE
                 PREVENTION ORDERS
         CHAPTER 1.  GENERAL PROVISIONS ................................. 6300-6306
         CHAPTER 2.  ISSUANCE OF ORDERS
          Article 1.  Ex Parte Orders ................................... 6320-6327
          Article 2.  Orders Issuable After Notice and Hearing .......... 6340-6346
          Article 3.  Orders Included in Judgment ....................... 6360-6361
         CHAPTER 3.  REGISTRATION AND ENFORCEMENT OF ORDERS ............. 6380-6389
        PART 5.  UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE
                 PROTECTION ORDERS ACT .................................. 6400-6409
       DIVISION 11.  MINORS
        PART 1.  AGE OF MAJORITY ........................................ 6500-6502
        PART 1.5.  CAREGIVERS ........................................... 6550-6552
        PART 2.  RIGHTS AND LIABILITIES; CIVIL ACTIONS AND PROCEEDINGS .. 6600-6602
        PART 3.  CONTRACTS
         CHAPTER 1.  CAPACITY TO CONTRACT ............................... 6700-6701
         CHAPTER 2.  DISAFFIRMANCE OF CONTRACTS ......................... 6710-6713
         CHAPTER 3.  CONTRACTS IN ART, ENTERTAINMENT, AND PROFESSIONAL
                     SPORTS ............................................. 6750-6753
        PART 4.  MEDICAL TREATMENT
         CHAPTER 1.  DEFINITIONS ........................................ 6900-6903
         CHAPTER 2.  CONSENT BY PERSON HAVING CARE OF MINOR OR BY COURT   6910-6911
         CHAPTER 3.  CONSENT BY MINOR ................................... 6920-6929
        PART 5.  ENLISTMENT IN ARMED FORCES ................................   6950
        PART 6.  EMANCIPATION OF MINORS LAW
         CHAPTER 1.  GENERAL PROVISIONS ................................. 7000-7002
         CHAPTER 2.  EFFECT OF EMANCIPATION ............................. 7050-7052
         CHAPTER 3.  COURT DECLARATION OF EMANCIPATION
          Article 1.  General Provisions ................................ 7110-7111
          Article 2.  Procedure for Declaration ......................... 7120-7123
          Article 3.  Voiding or Rescinding Declaration ................. 7130-7135
          Article 4.  Identification Cards and Information .............. 7140-7143
       DIVISION 12.  PARENT AND CHILD RELATIONSHIP
        PART 1.  RIGHTS OF PARENTS ...................................... 7500-7507
        PART 2.  PRESUMPTION CONCERNING CHILD OF MARRIAGE AND BLOOD
                 TESTS TO DETERMINE PATERNITY
         CHAPTER 1.  CHILD OF WIFE COHABITING WITH HUSBAND .............. 7540-7541
         CHAPTER 2.  BLOOD TESTS TO DETERMINEPATERNITY .................. 7550-7558
         CHAPTER 3.  ESTABLISHMENT OF PATERNITY BY VOLUNTARY DECLARATION  7570-7577
        PART 3.  UNIFORM PARENTAGE ACT
         CHAPTER 1.  GENERAL PROVISIONS ................................. 7600-7606
         CHAPTER 2.  ESTABLISHING PARENT AND CHILD RELATIONSHIP ......... 7610-7614
         CHAPTER 3.  JURISDICTION AND VENUE ................................   7620
         CHAPTER 4.  DETERMINATION OF PARENT AND CHILD RELATIONSHIP
          Article 1.  Determination of Father and Child Relationship .... 7630-7644
          Article 1.5.  Setting Aside or Vacating Judgment of Paternity 7645-7649.5
          Article 2.  Determination of Mother and Child Relationship .......   7650
         CHAPTER 5.  TERMINATION OF PARENTAL RIGHTS IN ADOPTION
                     PROCEEDINGS ........................................ 7660-7670
         CHAPTER 6.  PROTECTIVE AND RESTRAINING ORDERS
          Article 1.  Orders in Summons ....................................   7700
          Article 2.  Ex Parte Orders ......................................   7710
          Article 3.  Orders After Notice and Hearing ......................   7720
          Article 4.  Orders Included in Judgment ..........................   7730
        PART 4.  FREEDOM FROM PARENTAL CUSTODY AND CONTROL
         CHAPTER 1.  GENERAL PROVISIONS ................................. 7800-7808
         CHAPTER 2.  CIRCUMSTANCES WHERE PROCEEDING MAY BE BROUGHT ...... 7820-7827
         CHAPTER 3.  PROCEDURE
          Article 1.  Authorized Petitioners ............................ 7840-7841
          Article 2.  Venue ................................................   7845
          Article 3.  Investigation and Report .......................... 7850-7852
          Article 4.  Appointment of Counsel ............................ 7860-7864
          Article 5.  Time for Hearing; Continuance ..................... 7870-7871
          Article 6.  Notice of Proceeding and Attendance at Hearing .... 7880-7884
          Article 7.  Hearing and Subsequent Proceedings ................ 7890-7895
        PART 5.  INTERSTATE COMPACT ON PLACEMENT OF CHILDREN ............ 7900-7913
        PART 6.  FOSTER CARE PLACEMENT CONSIDERATIONS ................... 7950-7952
        PART 7.  SURROGACY FACILITATORS AND ASSISTED REPRODUCTION
                 AGREEMENTS FOR GESTATIONAL CARRIERS .................... 7960-7962
       DIVISION 13.  ADOPTION
        PART 1.  DEFINITIONS ............................................ 8500-8548
        PART 2.  ADOPTION OF UNMARRIED MINORS
         CHAPTER 1.  GENERAL PROVISIONS ................................. 8600-8622
         CHAPTER 1.5.  ADOPTION FACILITATORS ............................ 8623-8639
         CHAPTER 2.  AGENCY ADOPTIONS ................................... 8700-8720
         CHAPTER 2.5.  ADOPTIONS BY RELATIVE CAREGIVERS OR FOSTER PARENTS 8730-8736
         CHAPTER 3.  INDEPENDENT ADOPTIONS .............................. 8800-8823
         CHAPTER 4.  INTERCOUNTRY ADOPTIONS ............................. 8900-8925
         CHAPTER 5.  STEPPARENT ADOPTIONS ............................... 9000-9007
         CHAPTER 6.  VACATION OF ADOPTION ............................... 9100-9102
         CHAPTER 7.  DISCLOSURE OF INFORMATION .......................... 9200-9209
         CHAPTER 8.  ADOPTION PROCEEDINGS:CONFLICT OF LAWS .............. 9210-9212
        PART 3.  ADOPTION OF ADULTS AND MARRIED MINORS
         CHAPTER 1.  GENERAL PROVISIONS ................................. 9300-9307
         CHAPTER 2.  PROCEDURE FOR ADULT ADOPTION ....................... 9320-9328
         CHAPTER 3.  PROCEDURE FOR TERMINATING ADULT ADOPTION ..............   9340
       DIVISION 14.  FAMILY LAW FACILITATOR ACT ....................... 10000-10015
       DIVISION 17.  SUPPORT SERVICES
        CHAPTER 1.  DEPARTMENT OF CHILD SUPPORT SERVICES
         Article 1.  General ...............................................  17000
         Article 2.  Organization ..................................... 17200-17212
         Article 3.  Director of Child Support Services ............... 17300-17320
        CHAPTER 2.  CHILD SUPPORT ENFORCEMENT
         Article 1.  Support Obligations .............................. 17400-17440
         Article 1.5.  Delinquent Child Support Obligations and
                       Financial Institution Data Match ............... 17450-17460
         Article 2.  Collections and Enforcement ...................... 17500-17561
         Article 3.  Program Compliance ............................... 17600-17604
         Article 4.  Program Costs .................................... 17701-17714
        CHAPTER 5.  COMPLAINT RESOLUTION .............................. 17800-17804
       DIVISION 20.  PILOT PROJECTS
        PART 1.  FAMILY LAW PILOT PROJECTS
         CHAPTER 1.  GENERAL PROVISIONS ............................... 20000-20002
         CHAPTER 2.  SAN MATEO COUNTY PILOT PROJECT ................... 20010-20026
         CHAPTER 3.  SANTA CLARA COUNTY PILOT PROJECT ................. 20030-20043 
     

    Sunday, January 20, 2013

    State Statute Summaries – It’s All in a Word


    Just thought I would share just a small portion of the State Statute Summaries and how important it is to Carefully review the verbiage when Defending Yourself. Please note, these publications presents civil definitions that determine the grounds for intervention (Go to Link to Index)
    I have included, as reference:

    ·         The National introduction to Abuse and Neglect
    and for comparison:

    • ·         California definitions of Abuse and Neglect
    • ·         New Mexico definitions of Abuse and Neglect

    It is VITAL that one keeps in mind that the Federal Government may create Laws. However, it is the Responsibility of the States to 1)Interpret these Laws; 2)Enforce these laws, usually through creating Statutes.

    AND that ALL laws and statutes Must Not infringe on our US Constitutional Rights.
    I have bolded certain KEY Words for Reference:

    • ·        Substantial
    • ·        Serious

    These are just a few words that one must consider when reviewing the statutes. Also, in your defense, do you have proof that your alleged allegations were Not substantial or serious?

    So do read the statutes carefully for, yes, a mere word can be significant in your defense. For example, how about intentional or nonaccidental VS accidental??

    Introduction to Summaries on Abuse from the National Level


    Child abuse and neglect are defined by Federal and State laws. At the State level, child abuse and neglect may be defined in both civil and criminal statutes. This publication presents civil definitions that determine the grounds for intervention by State child protective agencies.1 At the Federal level, the Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as:

    Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm2

    California Statute Summary


    Physical Abuse


    Citation:  Welf. & Inst. Code § 300

    A child may be considered dependent when:

     The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm inflicted nonaccidentally upon the child by the childs parent or guardian. For the purposes of this subdivision, a court may find there is a substantial risk of serious future injury based on the manner in which a less serious injury was inflicted, a history of repeated inflictions of injuries on the child or the childs siblings, or a combination of these and other actions by the parent or guardian that indicate the child is at risk of serious physical harm.

     The child is younger than age 5 and has suffered severe physical abuse by a parent or by any person known by the parent, if the parent knew or reasonably should have known that the person was physically abusing the child.

     The childs parent or guardian caused the death of another child through abuse or neglect.

     The child has been subjected to an act or acts of cruelty by the parent or guardian or a member of his or her household, or the parent or guardian has failed to adequately protect the child from an act or acts of cruelty when the parent or guardian knew or reasonably should have known that the child was in danger of being subjected to an act or acts of cruelty.

    For the purposes of this subdivision, ‘severe physical abuse’ means:

     Any single act of abuse that causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death

     Any single act of sexual abuse that causes significant bleeding, deep bruising, or significant external or internal swelling

     More than one act of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness

     The willful, prolonged failure to provide adequate food

    Neglect


    Citation:  Welf. & Inst. Code § 300

    A child may be considered dependent when:

     The child has suffered, or there is a substantial risk that the child will suffer, serious physical harm or illness as a result of:

    »    The failure or inability of the parent or guardian to adequately supervise or protect the child

    »    The willful or negligent failure of the parent or guardian to adequately supervise or protect the child from the conduct of the custodian with whom the child has been left

    »    The willful or negligent failure of the parent or guardian to provide the child with adequate food, clothing, shelter, or medical treatment

    »    The inability of the parent or guardian to provide regular care for the child due to the parents or guardians mental illness, developmental disability, or substance abuse

     The childs sibling has been abused or neglected, and there is a substantial risk that the child will be abused or neglected. The court shall consider the circumstances surrounding the abuse or neglect of the sibling, the age and gender of each child, the nature of the abuse or neglect of the sibling, the mental condition of the parent or guardian, and any other factors the court considers probative in determining whether there is a substantial risk to the child.

    Sexual Abuse/Exploitation


    Citation:  Welf. & Inst. Code § 300; Penal Code § 11165.1

    A child is considered dependent if he or she has been sexually abused; there is a substantial risk that the child will be sexually abused, as defined in § 11165.1 of the Penal Code, by his or her parent, guardian, or a household member; or the parent or guardian has failed to adequately protect the child from sexual abuse when the parent or guardian knew or reasonably should have known that the child was in danger of sexual abuse.

    ‘Sexual abuse’ means sexual assault or sexual exploitation as defined below:

     ‘Sexual assault’ includes rape, incest, sodomy, lewd or lascivious acts upon a child, or child molestation.

     ‘Sexual exploitation’ refers to any of the following:

    »    Depicting a minor engaged in obscene acts; preparing, selling, or distributing obscene matter that depicts minors; employing a minor to perform obscene acts

    »    Knowingly permitting or encouraging a child to engage in, or assisting others to engage in, prostitution or a live performance involving obscene sexual conduct, or to either pose or model alone or with others for purposes of preparing a film, photograph, negative, slide, drawing, painting, or other pictorial depiction involving obscene sexual conduct

    »    Depicting a child in, or knowingly developing, duplicating, printing, or exchanging any film, photograph, videotape, negative, or slide in which a child is engaged in an act of obscene sexual conduct

    Emotional  Abuse


    Citation:  Welf. & Inst. Code § 300

    A child is considered dependent if he or she is suffering serious emotional damage, or is at substantial risk of suffering serious emotional damage, as evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, as a result of the conduct of the parent or guardian, or who has no parent or guardian capable of providing appropriate care. No child shall be found to be a dependent person if the willful failure of the parent or guardian to provide adequate mental health treatment is based on a sincerely held religious belief and if a less intrusive judicial intervention is available.

    Abandonment


    Citation:  Welf. & Inst. Code § 300

    A child is considered dependent when:

     The child has been left without any provision for support.

     Physical custody of the child has been voluntarily surrendered pursuant to § 1255.7 of the Health and Safety

    Code, and the child has not been reclaimed within the 14-day period specified in subdivision (e) of that section.

     The childs parent has been incarcerated or institutionalized and cannot arrange for the care of the child.

     A relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, the whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.

     The child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted.

    New Mexico State Summaries


    Physical Abuse


    Citation:  Ann. Stat. § 32A-4-2

    ‘Abused child’ means a child:

     Who has suffered or is at risk of suffering serious harm because of the action or inaction of the childs parent, guardian, or custodian

     Who has suffered physical abuse inflicted or caused by the childs parent, guardian, or custodian

     Whose parent, guardian, or custodian has knowingly, intentionally, or negligently placed the child in a situation that may endanger the childs life or health

     Whose parent, guardian, or custodian has knowingly or intentionally tortured, cruelly confined, or cruelly punished the child

    ‘Physical abuse’ includes, but is not limited to, any case in which the child exhibits evidence of skin bruising, bleeding, malnutrition, failure to thrive, burns, fracture of any bone, subdural hematoma, soft tissue swelling, or death, and:

     There is no justifiable explanation for the condition or death.

     The explanation given for the condition or death is at variance with the degree or nature of the condition or the nature of the death.

     Circumstances indicate that the condition or death may not be the product of an accidental occurrence.

    Neglect


    Citation:  Ann. Stat. § 32A-4-2

    ‘Neglected child’ means a child:

     Who has been abandoned by the childs parent, guardian, or custodian

     Who is without proper parental care and control or subsistence, education, medical, or other care or control necessary for the childs well-being because of the faults or habits of the childs parent, guardian, or custodian or that persons failure or refusal to provide them

     Who has been physically or sexually abused when the childs parent, guardian, or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm

     Whose parent, guardian, or custodian is unable to discharge his or her responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental disorder or incapacity

     Who has been placed for care or adoption in violation of the law

    Sexual Abuse/Exploitation


    Citation:  Ann. Stat. § 32A-4-2

    The term ‘abused child’ includes a child who has suffered sexual abuse or sexual exploitation inflicted by the childs parent, guardian, or custodian.

    ‘Sexual abuse’ includes, but is not limited to, criminal sexual contact, incest, or criminal sexual penetration, as those acts are defined by State law.

    ‘Sexual exploitation’ includes, but is not limited to:

     Allowing, permitting, or encouraging a child to engage in prostitution

     Allowing, permitting, encouraging, or engaging a child in obscene or pornographic photographing

     Filming or depicting a child for obscene or pornographic commercial purposes

    Emotional  Abuse


    Citation:  Ann. Stat. § 32A-4-2

    The term ‘abused child’ includes a child who has suffered emotional or psychological abuse inflicted or caused by the childs parent, guardian, or custodian.

    Abandonment


    Citation:  Ann. Stat. § 32A-4-2

    ‘Abandonment’ includes instances when the parent, without justifiable cause:

     Left the child without provision for the childs identification for a period of 14 days

     Left the child with others, including the other parent or an agency, without provision for support and without communication, for a period of 3 months if the child was younger than age 6 at the commencement of the

    3-month period, or 6 months if the child was older than age 6 at the commencement of the 6-month period

     Learn More>> Click Here
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    May you find Strength in Your Higher Power,
     GranPa Chuck