Monday, February 24, 2014

Write the System! Tell the your story about the foster care system…

I highly recommend that you:
  1. Check out this post By On February 23, 2014 · Leave a Comment
  2. Visit Linda's website FightCPS to learn more about what you can do to defend your self and be that "One Small Voice" to hopefully protect yourself and Your Precious Family.
 This is by no means an easy task to do, but your efforts in
doing your homework is vital.
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Post shown below & Direct link to post>> http://fightcps.com/2014/02/23/write-the-system-tell-the-your-story-about-the-foster-care-system/ 
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When research is done to assess what does and does not work in child welfare, families whose children were placed in foster care often do not get a voice. This is a guest post by:
Nicole Greer, academic researcher, “The Fostered Voices”.

  • The Fostered Voices Academic SurveyWhen was the last time someone asked you how the system was doing?
  • Has anyone ever asked you if you were dealt with fairly by the system?
  • Did you feel heard?
  • A new study is looking at all sides of the story and needs to include your voice.
The Fostered Voices study is collecting stories about experiences in foster care, including families with children who were in care, even for a short time.

I am a third party researcher with no prior ties to the foster care system or CPS. 

The multi-sited project has two overarching research methods.
  • The first one is the website collecting these stories.
  • The other is an ethnographic study where I do one-on-one interviews and learn from people who have had first-hand experience with child welfare from many different perspectives.
I am especially interested in how people experience power exerted in their lives from the government or child protective services, and how parents, families, children, and workers respond to policies that did not work for them or were unfair.

One example of these policies is the timelines that dictate how long families have to convince a judge they are fit parents.

You may have shared your frustrated story on a website before, but that story probably was not included in a project designed to help your story get heard.

Young people who were in foster care, foster parents, and professionals like judges, lawyers and social workers, are already telling their stories. We need to hear about your experiences with the police, CPS workers, child advocates, lawyers, judges, foster parents, other family members, and your kids.

You can share as little or as much as you like, but the more you share, the greater the impact can be.

Your story is completely confidential. The names are changed and dates and places removed to keep you and your family protected. You can also read other people’s stories on the website under the “Stories” link.

The goal is to collect enough stories to reveal what day-to-day life means for someone interacting with the system.

If we can better understand how these policies impact everyone involved, we can write better policies that improve the processes of investigations, court proceedings, and foster care for our children.

To participate in the study, all you need to do is go to the study website: www.MyFosterCareStory.com and scroll down to the people icons.
  • Click on the second icon for “Kin, Family & Friends.”
  • Take a few minutes and reflect on your experiences.
We want to right the system through writing our stories, so let’s write the system! 
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May you find Strength in Your Higher Power,

GranPa Chuck
Researcher, Editor, Publisher

Friday, February 21, 2014

5 Supreme Court Cases You should be Watching in 2014 -- According to JD Supra

Many don't, but should realize that there have been Supreme Court Decisions that have effected our lives and Actually, how the government does business. So, FYI, below are some one may want to watch in 2014.

Also, here are some Landmark Cases from the past>>  http://law2.umkc.edu/faculty/projects/ftrials/conlaw/landmarkvotes.html  
May you find Strength in Your Higher Power,
GranPa Chuck
Researcher, Editor, Publisher
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5 Cases to be Watching in 2014--Suggested by JD Supra

There’s no denying that 2014 is shaping up to be another exciting year at the United State Supreme Court. To wit:
1. National Labor Relations Board v. Noel Canning
What’s at stake? For starters, the authority of the President of the United States to make recess appointments. And then there’s the legality of every decision made by the NLRB during 2012… Read:
2. Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties Corp. v. Sebelius
What’s at stake? Whether for-profit corporations have a constitutional right to free exercise of religion. Read:
3. Alice Corporation Pty. Ltd. v. CLS Bank International, et al.
What’s at stake? Whether computer-implemented inventions – in this case software code – can be patented. Read: 
4. Halliburton Co. v. Erica P. John Fund, Inc.
What’s at stake? The ability of shareholders to join forces in class action lawsuits when suing companies for securities fraud. Read:
5. Pom Wonderful v. Coca Cola
What’s at stake? The authority of the Food and Drug Administration: can POM sues business rival Coca-Cola for false advertising if marketing claims in dispute were approved by the FDA? Read:
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Also read:
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There’s more on the US Supreme Court at JD Supra»

Wednesday, February 19, 2014

UPDATE: Two More States on Board -- Convention of States

Thankfully, more and more individuals are realizing not only the importance of their state responding to Federal Dealings, but also the need to share experiences across state lines to Strengthen their Individual State.
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Please note, and you might say, the Vision of the Convention of States:
"The Federal Government is Broken.
Washington D.C. will never voluntarily relinquish its power.
Left unchecked, the government will continue to bankrupt this nation and destroy the
liberty of the people. It is time for citizens and the States to act and we have the solution. "

Two More States Added
The Convention of States Project is sweeping the nation, and you can be a part of history in the making. Here's what happened this week:

Want your state to jump on board? You'll need to learn these answers to common Convention of States questions.

And you'll need to sign up in the Action Center.

We look forward to working with you!

Sincerely,

- COS Project Team

P.S. Don't forget to register for part 3 of our historic Tele-Townhall series here!

The Convention of States Project is a project of Citizens for Self-Governance.


ConventionOfStates.com

Donate

Do I Need a Lawyer to Represent Me in a Family Law Matter?

A very good question when one seeks to defend themselves.

As a Researcher and all around curious ol' guy, I always like to read others' opinions to either confirm, refine, or discredit my thoughts.


Amanda FiglandSo here are thoughts from: Amanda Figland of Obermayer Rebmann Maxwell & Hippel LLP posted


To make a point, I have bolded in Red some points one may want to consider?.. And, yes, even though this is about Divorces & Custody, these thoughts could be considered in any particular legal battle.
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Few people, who are headed for divorce or custody litigation, can afford to spend substantial amounts of money on a family law attorney. Frequently, clients consider whether they can or should represent themselves in their divorce litigation or family law matter. This decision is difficult. For anyone considering self-representation, several important issues should be considered. 

  • Is this the first time you are going before the court on these issues?
If at all possible, a litigant should make every effort to have representation for an initial hearing on any matter which addresses custody, parenting time with a child or important financial issues. It is also very important to have representation if you are accused of committing domestic violence. Domestic violence orders in some states are permanent orders.

Once a court order is entered as to custody, parenting time or financial terms it can be very difficult to persuade a court in the future to modify the existing court order or to otherwise change the status quo. In fact, frequently a showing of a substantial change in circumstances must be made before modification of a court order is permitted.
 If you do choose to go to court on your own and you are unhappy with the result, you can retain an attorney after the fact and try and get the court to reconsider its decision. This strategy is risky. An application to reconsider must be filed soon after the court renders its decision and the standards for reconsideration are narrow.

A motion to reconsider is most often not an opportunity to raise new issues or make new legal arguments on a matter which has already been heard by the court. An unfavorable decision can also be appealed. However, appellate courts move very slowly and appeals are expensive.

  • What relief are you seeking from the court?
In some circumstances, it does make economic sense for a party to represent him or herself. In circumstances where the court has already rendered a final decision and a client is seeking to enforce that order, it may be appropriate for that client to appear in court as a self-represented party, especially when more than one enforcement application is necessary. 

However, some self-represented litigants sometimes feel that they are going around in circles with the court since at times they are forced to file and re-file enforcement applications. The process may be frustrating for those not familiar with the system.
 
  • How well can you advocate on your own behalf?
    (Check out this short video: "What is Advocacy?")
It is important to know yourself and to know whether you be effective when advocating for yourself. 

Courts may send cases with self-represented parties to mediation on the day of the court hearing. A self-represented party may not understand the procedures and may be persuaded to enter into an agreement, which they may later regret

Also, the success or failure of any application is based on the ability of the litigant to explain their legal position and to tell his or her story to the court. Some litigants are much better than other litigants at communicating with the court.
In the end, the decision whether or not to represent yourself in court is a difficult decision. Courts are respectful to self-represented parties and courts give self-represented parties a fair opportunity to represent themselves. 

However, a court will not give a self-represented litigant a “pass” if he/she does not know the caselaw that governs their case. Ultimately, it can be difficult to modify or correct an unfavorable order.
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So, are you ready, and have you researched enough to be confident of the points bolded in Red?

Keep in mind, and highly recommended, whether you Defend Yourself or use the assistance of a lawyer, you MUST know and/or be familiar with the 1)State Statutes, particular to your concerns; 2)Rules of Court; and 3) know how to get your Proof "On the Record".. ie most commonly called a "Declaration"
  • Related Information:
And if you should decide to seek legal counsel, here are some additional thoughts:

 Keep in mind, the above information is just a "Starting Point".. But, please>>
Don't be afraid to ask Why... And
if one says you Can't, ask WHY NOT?
However, as a Family Advocate for over a decade, I have often labeled too many lawyers as "ignorant". Of course, one common aliment, that comes to mind, is that those lawyers suffer from "Paradigm Paralysis". Perhaps a more positive phrase than "idiot"?
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AND Just in Case an alleged allegation is made and the Child Protective agency becomes involved, you may want to download this, of many Documents to Further Defend Yourself:
"Parent's Guide to the System" OR another Document to consider "Standing in the Shadow of Law"
 
Watch for other documents either developed for Publication and/or enhanced by indexing by
GPC Publications.
May you find Strength in Your Higher Power,GranPa Chuck
Researcher, Editor, Publisher

Friday, February 14, 2014

We should ALL be Responsible for Our Actions-Especially Professionals

Just sharing an email and thoughts from the Author of Psych Search.
Do share, if you agree to these thoughts.
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Dear Friend,

You can effectively cause the arrest of a psychiatrist or make him lose his license.

How?

Option #1
E-mail this link to everyone and their grandmother:  http://www.psychsearch.net/complaints/

Option #2
Post that link everywhere you can on the world wide web.

Option #3
Put the link on your website but with it include one of these images: http://www.psychsearch.net/11041/

That's how!

A few clicks from the chair you are sitting in right now!

The online form is already generating complaints BEFORE we even start promoting it!
So, watch out if you start pushing it!

(the form is still being tweaked but it works fine and you can let it rip right now)
And that's why we need an attorney - to look over the form and make suggestions.
There are a couple of points that need to be addressed.

+++

Psychs in Hot Water (Daily at the below links)
2/14/2014 Austin Texas psychiatrist Richard Sofinowski – License Suspended for Drug Crimes

 

Thursday, February 6, 2014

Working with your Legislator to Change the Law

If you can answer YES to all these questions,
You just might be Ready to take on the Challenge**.
Need More Laws?
1. Can you identify where your State’s Statues concerning family are located on line?
2. Can you locate your state’s Rules of Civil Procedure are on line?
3. Can you identify where your State’s Rules of Evidence are on line?
4. Can you identify where your local county rules are on line?
5. Do you know where to find your own docket on line?
6. Can you identify the Amendment of the U.S. Constitution that places the right to decide matters of the family solely with the states?
7. Do you know the difference between a fundamental right and a Constitutional right?
8. Do you know who you state Senator or State Representative is? And where to find it?
9. Can you identify the exact language within your state law that is the problem?
10. Can you present the problem to legislators without talking about your own case?
11. Do you know the difference between the two types of child support?
12. Do you know how federal incentives really work and what they really give the states money for?
13. Do you read case law and do you know where to find it on line?
14. Do you know what questions will be asked of you by a legislator if you propose a change in family?
15. Do you know how to defeat the opposition’s stance when they bring it up?

(**List from post by Ray Lautenschlager. Thank you) 
So are YOU Ready??
 If you cannot answer the following questions, then you are not and need to do your research. 
  • Finally, Here are some Great Points to discuss with your Legislator>> Model State Legislation -Parental Due Process Act
    (Note: This is from CA, but was not approved. However, use this as a Checklist of Concerns that are missing in our Family Courts in most states. "Never Give Up" for what you feel is Right for the Strength of your Family)
BOTTOM LINE and hate to say this "It is Not about Justice, it is about the LAW. 
If you don't know your Rights, you have NONE 
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May you find Strength in Your Higher Power,GranPa Chuck
Researcher, Editor, Publisher