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.
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...

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