Showing posts with label allegations. Show all posts
Showing posts with label allegations. Show all posts

Sunday, November 12, 2017

CA: Civil Rights Defense Training Workshop: Sacramento~Nov. 17-18th

Draft~ Check Back for Updates
Who: Civil Rights Attorney, L. Wallace Pate and Rosie Vincent, Family Advocate
What: Civil Rights Defense Training
When: Friday November 17th~6-9PM with 1 hour Q&A and
            Saturday the 18th~
8-9-Noon...break for lunch and follow up with Q&A
                                             plus 1 hour more if needed? AND 3-6pm

Where: Folsom VFW (Get Directions)
Please coordinate with Christi Ashley, Krista Ricci, Julie Su Brown, Pamela Olsen with Save Our Children. I would like you all to also connect with Fatima Brown so she can help connect others to
this meeting. (All members on FB)

If you are in the San Francisco area please coordinate with Michelle Chan as we will be San Francisco on Sunday the 19th.
  • Please bring all papers and documents with you and if you can make it to both areas I suggest that you do. 
Even though Wallace is a civil rights attorney she guides a lot of parents on how to get their children back! Please share this post.

 Law Offices of L. Wallace Pate
Law Firm in Beverly Hills, CA
  • Peer Reviews
    no reviews
  • Client Reviews
    100% recommended
    3 reviews

Areas of Law

  • Civil Rights Violations
  • Foster Care Abuse
  • Child Abuse
  • Personal Injury
  • Wrongful Removal of Children
  • Car, Truck and Motorcycle Accidents
  • Medical Malpractice
  • Dental Malpractice
  • Medical Battery
  • Sexual Assault and Rape
  • Premises Liability
  • Catastrophic Injury
  • Brain Trauma
 
Folsom VFW

Stuff for me to do:

@Chuck Ferrari can you make a template of some sign-up sheet/parent forms? they must be individual forms for privacy issues and on that form it will have the name and phone number and what they would like to be involved in the movement what can they do as well as a brief of their case information if they want




@Chuck Ferrari can also format something he's great at it I'm not really remembering what Krista has sorry

also please when we make up a flyer or post on this meeting please ask parents to bring their detention report, petition report and jurisdiction report as well as their last minute order. Those are all separate but in my opinion I would just bring everything but I have those particularly set aside. Then she needs someone to print out a blank petition so she can explain all the codes 300 A-J so parents can know and understand So they respond accordingly

The group video chat ended.

Type a message, @name...



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


Researcher, Editor, Publisher, Collector

Tuesday, December 15, 2015

Mom Faces Jail Time for Letting Son Play Outside



ParentalRights.org logoSonya Hendren of Sacramento, California, was arrested for letting her four-year-old son play outside. The mother was charged with felony child endangerment and child neglect when a neighbor saw the child outside alone and called Child Protective Services (CPS).

YIPES, Has the CPS gone too far??
Felony Charges for a child playing outside in a GATED community

More thoughts from the Parental Rights Organization to Consider:
-- December 15, 2015
Tomahawk Hendren was playing on a playground inside their gated apartment complex, approximately 120 feet from his front door. But that was too far from his mother, in the opinion of neighbor Sonja Horrell, who placed the call. “How would she feel if he was on an AMBER Alert?” Horrell reportedly asked. “Then what would she be feeling?”
Yet even Horrell did not expect such charges to be filed. “I thought she would just get a warning… and she wouldn’t let them be out alone again,” she told reporters later.
Instead, Hendren faces up to 6 months in jail and 3 years probation. She was offered a plea deal of 30 days in jail and 1 year of probation, but turned it down through her attorney, Sacramento-based Alin Cintean. (Note from Blogger: Most of the time a Plea and/or Consent is like saying you are Guilty in the eyes of the Agency. Think hard, before pleaing.)
The prosecution will have to prove that Hendren willfully placed her son in danger if they want to make the child endangerment and neglect charge stick, Cintean says.
This is not the first time Tomahawk has played outside alone, but it is the first time it has gotten his mother into trouble. “She said he would occasionally go outside, within their gated apartment complex, only to return moments later to tell his mom he was okay,” according to a Fox40 News report. In some communities, letting a child play outside unattended could be a very dangerous decision – but that doesn’t sound like the case in this instance.
The Supreme Court in 1979 stated what was once (and still should be) obvious: “Simply because a decision of a parent…involves risks, does not automatically transfer the power to make that decision to some agency or officer of the state.” Parham v. J.R., 442 U.S. 584 (1979)
Whether or not it is safe for a child to play alone outside depends on a wide range of variables which generally parents are best able to gauge for their own families.
In short, CPS’s over-reaction violates Sonya Hendren’s fundamental right to direct the upbringing and care of her son. And it probably will make Sonja Horrell think twice before calling CPS again, too. Her effort to be a good neighbor has led to more than she bargained for.
But this trend toward overreach is only ramping up, not cooling down.
Background Checks for All Parents?
According to a report from HSLDA, Ohio state Senator Capri Cafaro has introduced a bill that would require school officials to conduct a background check on every family enrolling a child in a public or private school. The checks would be to determine whether there is an open or former CPS investigation involving that family. This removes the presumption of innocence while opening CPS records to school officials unnecessarily.
The bill is proposed in response to the tragic death of Teddy Foltz, a child kept from school by his abusive parents. In that case, local CPS workers were aware of the abuse and failed to act in the child’s defense. But a background check such as the proposed would have changed nothing in that instance, since the abusive parents did not register him for school.
The response of CPS workers and lawmakers to treat all parents as suspect is simply unacceptable. As I have quoted many times, the Supreme Court in that Parham decision declared, “The statist notion that governmental power should supersede parental authority in all cases because some parents abuse and neglect children is repugnant to American tradition.”
Children must be protected. But we cannot protect the children whose parents are negligent or abusive by treating all fit parents like criminals. To do so is to sacrifice the principles, freedoms, and ideals on which our nation was founded while distracting social services workers from areas of real need.
The Best Solution to Fight Overreach
The proposed Parental Rights Amendment is the best legal weapon parents can have today to turn back the tide of government overreach. With its passage we can halt the trend of lawmakers and agents to rob parents of the right to make healthy decisions for their children.
You can support this effort by sharing this article with family and friends and urging them to sign up at parentalrights.org/petition. That way they, too, can lend their voices to this vital effort when it’s time to contact lawmakers for parental rights.
You can also support us with a generous gift to parentalrights.org/donate.
However you choose to give – whether it’s your money, your effort, or your time – we thank you for standing with us to restore reason and balance to the laws impacting families in our society.
Sincerely,
Michael Ramey
Director of Communications & Research


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P.O. Box 1090 Purcellville, VA 20134 * (540)-751-1200 * info@parentalrights.org


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May you find Strength in Your Higher Power,GranPa Chuck

Researcher, Editor, Publisher, Collector
Click HERE to learn "How To Win In Court" ... without a lawyer

Thursday, October 2, 2014

Can a hyperlink be defamatory? A Canada Opinion

As a Researcher and Technical Editor, creating documents for publications, most of my years were in the "hardcopy" world, where the rules were straight forward. However, in the "cyber" world, the rules are somewhat hazy. 

Below is an article that discusses some of these issues:

Can a hyperlink be defamatory?

Now that traditionally print and television-based publications are being published on the internet, courts are being asked to apply defamation law to internet publications.  

The unique structure of the internet as a medium raises interesting questions about the application of defamation law.  One such question is whether posting a hyperlink to defamatory material constitutes defamation.  

In this context, the law is now clear: the Supreme Court of Canada has quite emphatically said:
 “no”, a content-neutral hyperlinking to defamatory material, without any affirmation of the defamatory words, does not constitute defamation.

Traditionally, “publishing” defamatory words has been defined as any act that “has the effect of transferring the defamatory information to a third person”.   It would be reasonable to think that hyperlinks serve this function and therefore constitute an act of “publishing”.  However, in Crookes v Newton, the Supreme Court declined to strictly apply that definition, instead likening hyperlinks to references.  

According to the Supreme Court, they communicate that something exists but not the content within. In other words, a hyperlink is “content neutral – it expresses no opinion, nor does it have any control over, the content to which it refers”.   Merely providing access to content that you do not control does not constitute a “publication”.  The Supreme Court therefore found that, on the facts of that case, the hyperlink could not be defamatory.

 The Supreme Court did, however, qualify its decision by stating that in certain circumstances a hyperlink could be defamatory.  If the manner in which a hyperlink refers to defamatory material is itself defamatory, the publisher may still face liability.  This might occur where, for instance, the individual publishing a hyperlink endorses, affirms or repeats the defamatory material to be found in the hyperlinked website.

  •  Internet users should therefore pay attention to the manner in which they post hyperlinks.  
  • Conversely, if you are considering an action for defamation, it would be prudent to consider whether you also have a cause of action against individuals who hyperlinked to the allegedly defamatory information.
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Are you Confused? Your should be.
 

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Rethinking Foster Care:
Molly McGrath Tierney at TEDxBaltimore 2014
Let's Make This Go Viral ~ Please Share
While Watching ~ Take the Parent Survey
When allegedly accused of Child Abuse or Neglect
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Monday, April 15, 2013

Shaken Baby Syndrome: Unsettling Science

Thought I would share this article, since as a Family/Child Advocate and keeper of the webfiles for NFPCAR, myself and many others have shared and supported many loving parents who were falsely accused  of Shaken Baby Syndrome

What is even more upsetting is that the symptoms, which could be "other" medical issues, have not been explored by the Medical Professionals as much as they should.

As a result, those allegedly accused of SBS are being found guilty and much of the Medical Proof is being discarded relating to other Medical possibilities.

Hey, I am not a doctor, but merely a scientist, but in exploring the answers, one must look at ALL sides of an issue, Without BIAS.
May you find Strength in Your Higher Power,GranPa Chuck
Check Out>>My Family Rights Affiliation

Read the Article
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Here is the Title: Unsettling Science: Experts Are Still Debating Whether Shaken Baby Syndrome Exists

Posted Dec 1, 2011 5:50 AM CDT
By Mark Hansen

 Link:  http://www.abajournal.com/magazine/article/unsettling_science_experts_are_still_debating_whether_shaken_baby_syndrome_

You can read this article, But I think even More Informational is a comment made on this article. 
Here is the comment:
3.Steven Gabaeff, M.D. Dec 4, 2011 8:07 PM CDT
You, the author, are being duped by the pro SBS leaders. The so called leaders are deeply invested in SBS both financially, professionally and psychologically. The prospect of being wrong implies they have been the linchpin to the destruction of thousands of families. They have mental health issues to begin with and cannot be trusted to be fair. There is a mountain of evidence that SBS as described, both from before and after Guthkelch and Caffey, never existed. Guthkelch himself has denounced the SBS proponents on NPR this year at age 95. Contrary to Levin’s statement that babies have never been shaken, babies have been shaken and that has been captured on nanny cams and the shaking, severe and protracted, did not show either RH or SDH as a result ever, not once! Isn’t that telling? 

Use the link below to download the 2 videos that exist.

Here is the link to the shaking videos with no injuries…

https://www.yousendit.com/transfer.php?action=download&ufid=M3BtaklsaTFiR0pqQThUQw

Extract the files from the downloaded zip folder and start the PowerPoint file and press the slide show button in PowerPoint to watch.


A study by Lee looked at 1258 fathers, 26 of the worst abusers identified in that study were witnessed to shake their kids by mothers they lived with, and none had RH or SDH. Note how infrequent shaking is in general. Note how emergency physicians virtually never see babies who have been shaken who are brought in to be checked by concerned parents who have been warned over and over about shaking. I have never seen a case and the only one I know of was a mother who witnessed her husband shake a 5 week old. The child was examined immediately in an ED and there were no findings at all. There has never been a witnessed shaking that led to either finding.


Loving parents for all intents and purposes do not abuse their kids; this was made up to account for cases like Audrey Edmunds; a women who never hurt a child according to all reports. Furthermore, there is no scientific research to prove that happens among loving caregivers. The notion of parents flipping from loving to monstrous is fundamentally absurd. However, it is essential for the child abuse MD’s to speculate that people snap in every case. Of a thousand loving caregivers the odds of ‘snapping’; this made up event that is not seen among loving parents followed for years in other studies, is virtually zero. The real probability could be as high as 1 in 1,000,000 and even then with no witnessed events, it is still hypothetical. Yet it remains the key piece with Edmonds and thousands of other improbable abusers who are falsely accused based on nonspecific and nondiagnostic findings. The findings are used to prove abuse but even the child abuse MD’s now admit they are nonspecific. This is the sine qua non of the conviction; a speculative, extremely low probability event that is the essential component of the fabricated accusations, passed off as 95% likely by prominent SBS advocates whose business is >> 90% prosecuting innocent families. Their statements of certainty that this occurs would mean that 950 of 1000 previously loving parents would abuse their children every year. That would be millions of cases. It is an absurd presumption and has no place in the court room when those odds might be described as the polar opposite of beyond a reasonable doubt; they really are “fundamentally implausible”. Without a witness to abuse, presuming abuse in loving families is as farfetched as an accusation can be.


There is a gigantic business of prosecuting families, getting government funding and generating convictions to get more funds. DA’s, police, child abuse MD’s are all the beneficiaries of false convictions. They are not in the business of preventing child abuse they are in the business of generating convictions for child abuse. Currently I am seeing about 75 cases a year and >> 90% are innocent people being falsely prosecuted and convicted in about ½ of the cases. 
They are convicted when child abuse MD’s and their colleagues within institutions operating in a framework well defined by Irving Janis at Yale in the 1970’s, as “group think”, use medical problems and accidents to misdiagnose abuse. I take the time to study these families and read the letters written by those who know them, and for loving caregivers the letters paint a picture of caring people, with zero history of violence or impulsive behaviors. The probability of these people snapping is effectively zero, ruling them out as abusers. The child abuse MD’s believes all these people are liars when they tell the story of an accident or a prodrome of illness leading to a medical encounter. It is easy for an authority figure to accuse anyone of a fictitious event that is witnessed by nobody and a behavior, the type of which they or no one else has ever seen in the accused. The child abuse MD’s can literally say anything and because of the titles they have, these non-evidenced based opinions are given undeserved weight.  Judges, police, DA’s and social workers must stop just believing these child abuse specialists. They must go beyond relying on these people and explore the issues via legal documents like Tuerkheimer or medical research that my article references; studies predating the fabrication of SBS that show the dogmatic pillars of child abuse pediatrics are wrong. They must try to decide for themselves how improbable the majority of allegations proffered are. Disproven dogma, not science, is being used to inflict the most dreadful of problems on innocent families and in many cases stealing children from parents and destroying families. I know about abuse. I have held dead abused babies in my arms. When it real it is easy to see. When it is conjured up via the misdiagnosis of accidents and medical problems, it is equally obvious. The denialists in this calculus are those that refuse to acknowledge how often medical problems and accidents are misdiagnosed as abuse and the 1000’s of cases that could be accidents or medical problems that are dismissed with certainty that they can be “abuse and only abuse.”


Here is a link to an article that summarizes the evidence against SBS.

http://escholarship.org/uc/item/7z55j01t

Read this summary of the medical history and evidence base (you can download the references) showing how awful what they are doing is.


“He said she said” is not the approach to this issue. Their science is based on children precategorized as abused by their colleagues, the very findings they say diagnoses abuse. This is circular logic. RH and SDH are nondiagnostic findings but if every child with RH and SDH is precategorized as abused and put into an “abuse group”, how reliable is the conclusion that all children who are abused have RH and SDH. And when the dogma was finally shown to be unreliable after 25 years of analysis, the American Academy of Pediatrics decided by a committee made up people like the very people cited in this article, the ardent proponents of SBS, to stop linking their “beliefs” in abuse to any specific medical findings to “provide more clarity in the courtroom.”  Diagnoses like abusive head trauma or nonaccidental trauma were invoked that suggest both mechanism and intent to abuse when there is zero ability to infer that from the nonspecific findings they rely on. The purpose was to win more cases with even less reliable evidence then before and it continues to work. The scientific debate has been controlled by those with the power to dictate policies and publicity and is linked to the prosecution machine that operates in this area of the law. Hopefully that will change.

I have been in Emergency Medicine for 35 years and I am not a naïve do gooder. I have seen it all, plus. The child abuse establishment has seduced the media and the legal system using their undeserved fame and ill-gotten stature to influence the courts and the media. They intimidate colleagues and those that disagree, relying on the emotions the child abuse invokes. Yet a false allegation is child abuse and people need to come to grips with this since now false allegations most likely out number the number of cases of real abuse that makes it to court. This is the biggest medical fraud in history.
(End of Comment)

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Wednesday, March 27, 2013

Allegation Defense OR Prevention???


In one of the many groups I participate in, to know ALL sides of any issue,  a reply to a member was given. For those in Foster Care, this may be of concern?
______________________________________
Reply by member:
1)“...One of my biggest pet peeves is that the MAPP and PRIDE trainings are totally insufficient to prepare anyone to foster. They focus mostly on the children that you will have in your home, however, do not concentrate on allegations and/or documentation..”

In addition:2) “…I think it should be mandatory upon becoming licensed that every foster parent have some kind of legal protection…...
New Mexico has a unique approach to fostering. They have placed the fostering system under the state insurance umbrella, a good start....”
  • My additional Comments on 1):
I most firmly agree with 1). Only to add None of us are truly prepared to defend ourselves when the Agency comes knocking at our door.

However, a while back in our discussion group, this same issue was brought up.. And myself, being a curious sort, plus looking for more information to add to our NFPCAR website, I did a bit of research on if there were any courses to address this issue. And to my surprise, I did find one “Allegation Prevention – Interactive”-3.0 hours training credits, presented by Foster Care & Adoptive Community.

So I purchased this course for $4.95.. And then started reading. (Download Course)
The first paragraph was very encouraging: “Accusations can happen to a foster parent at any time. They are always "at risk". There is no suit of armor to protect them from erroneous allegations. It isn't a matter of "if" a foster home will have an allegation, it is a matter of "when". There are, however, many things a foster family can do to minimize the risk of allegations. This course is designed to make you aware of the steps you can take to lower the risk of accusal..”

However, after going through the course, I came to the same conclusion   ie “do not concentrate on allegations and/or documentation..”

But, I encourage everyone to read this course and see what they think. I have attached it for your review.
In addition, I have listed links relating to False Allegations, one may want to review at the bottom of this post.

And do send me your comments on the Questions that are asked at the end of this training document. BTW, I still did reply for my 3 hours of training.
FYI, here are the questions:
1. After having read this course, what might you change or do differently in your home?
2. What frightens you the most about being a foster parent?
3. What in this course surprised you the most regarding the possibility of allegation
4. What tips or experiences would you like to share with other foster parents?

Comments on 2):
“…I think it should be mandatory upon becoming licensed that every foster parent have some kind of legal protection…”

I agree. However, and unfortunately, those who are and/or have been Foster Care Givers, are in reality “Contracted” by the agency.. And, through time, subtle changes in statutes, this has come to mean, you, as a Foster Care Giver are responsible for yourself. Yes, hard to believe, since the agency may say, and/or express the thoughts that “We are a Team??”

Let me drift a bit to share a story of the Agencies alleged “Team Approach”
For those of you who are old enough, in our Western Character World, there were two heros.. ie the Lone Ranger and Tonto… They traveled together throughout the West to Stop the Bad Guys harming other innocent people.

One day, while they were traveling in the open lands, they were confronted by a group of hostile Indians.
So, the Long Ranger asks Tonto, “What are we going to do??”
Tonto’s reply was, “What do you mean Pale Face?
May you find Strength in your higher power,
Granpa Chuck

1.   Search Results

1.    False Allegations: One Foster Parent's Story - Fostering Perspectives

www.fosteringperspectives.org/fp_vol7no1/implications.htm
Indeed, allegations of abuse and neglect by foster parents are found to be ... nsufficient training and support from DSS can contribute to these situations. In other ...

2.    False Allegations: One Foster Parent's Story - Fostering Perspectives

www.fosteringperspectives.org/fp_vol7no1/accusations.htm
False Allegations: One Foster Parent's Story ... future MAPP training in her ...

3.    Foster Care

www.abcadoptions.com/foster.htm
Foster Parent Allegations False Allegations...the Dark Side of Foster Care. Allegations ... Online training for new & licensed foster parents. Hannah and Her ...

4.    National Foster Parent Coalition for Allegation Reform

www.nfpcar.org/
Featured Power Point Training ... 80 percent of allegations are false. ... An Organization Originated by Foster Parents Falsely Accused, but has Evolved to ...

5.    Online Guide to Adopting from Foster Care - False Allegations -

foster-child.adoption.com/parents/false-allegations-2.html
These statistics from the National Foster Parent Association, paint a bleak picture. ... If you are parenting a child who has a history of making false allegations, make .... Even if your toddler-aged child is potty trained before he or she comes into ...

6.    NACAC | Parent Groups

www.nacac.org/parentgroups/allegations.html
As a parent group leader, you probably already know that false allegations of .... of your local foster care association) who might provide training for your group. ...

7.    Handling False Allegations of Child Abuse and Neglect

www.childwelfare.gov › AdoptionParenting After Adoption
False Abuse Allegations: What Parents Can Do: A Checklist Laws (2002) Suggests what adoptive and foster parents can do to protect themselves from false ...
  1. [PDF] 

2.    Child Safety: Curricula for Staff and Foster Parents by Susan ...

www.hunter.cuny.edu/socwork/.../Child_Safety_Curricula_Staff.pdf
File Format: PDF/Adobe Acrobat - Quick View
1. careful selection, preparation, and training of foster parents;. 2. staff adequately ... in foster homes, and that false allegations are made, and is nonjudgmental. ...

9.    Foster Parents; False Allegations! Part 1 of 3. - National Foster ...

www.examiner.com/foster.../foster-parents-false-allegations-part-1-of...
Aug 18, 2011 – Foster Parents; False Allegations! ... In almost all training classes for foster parents someone invariably raises their hand to ask about this storm, ...

10. false allegation « FosterParentTraining.com

www.fosterparenttraining.com/?tag=false-allegation
Online Training for Foster Parent Relicensing; Accepted by most agencies. Parent Project Online - Changing Destructive Adolescent Behavior.