Sunday, May 13, 2018

Preparing for Hearings or Trial: Introductory Basics

Whether you're training for the Olympics or trying to win a case in court,
winners know they must

exercise, prepare themselves, and be ready for competition.

Most court cases can be won before trial.


Our course will show you:
  • Proper pleadings.
    Asking a court to grant relief. The formal presentation of claims and defenses by parties to a lawsuit. The specific papers by which the allegations of parties to a lawsuit are presented in proper form; specifically the complaint of a plaintiff and the answer of a defendant plus any additional responses to those papers that are authorized by law.
        Pleadings frame the case and tell the court what the fight is about.
  • Evidence discovery tools.
    Any matter of fact that a party to a lawsuit offers to prove or disprove an issue in the case. A system of rules and standards that is used to determine which facts may be admitted, and to what extent a judge or jury may consider those facts, as proof of a particular issue in a lawsuit.    Evidence proves the facts alleged.
  • Motions and memoranda.
    A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant. The applicant is known as the moving party, or the Movant.    Motions "move" the court to act.
  • Courtroom objections.
    A formal attestation or declaration of disapproval concerning a specific point of law or procedure during the course of a trial; a statement indicating disagreement with a judge's ruling.
       
    Courtroom objections put the judge on notice he will be appealed if he rules against you!

Learn "How To Win In Court" ... without a lawyer


___________________________________________________________

Related Reading: Going Pro Se. Is it Right for YOU??

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  Another Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", Special Ed.
What is? Creating Your Own Law Book
Excerpts from this document
Reason for Law Book  ~Using Your Law Book



 Learn More>> Click Here

 

Friday, May 11, 2018

Bonuses in the Child Protective Agency?

Sunday, May 6, 2007

Original Links: 


Arizona: State of willful ignorance

Last week, I was contacted by a reporter for the Arizona Daily Star, the larger of two competing dailies in Tucson. He’d contacted me the week before, acknowledging he was new to the child welfare beat and knew little about the subject. This time he was calling because he’d gotten a tip.

He’d been sent a memo showing that in Arizona, state employees receive 30 cents an hour of their pay as an incentive bonus. They lose that 30 cents if their agencies fail to meet certain goals each year. The state human services agency, which includes child protective services, needs to meet any two of the following three goals:

● Promote economic self sufficiency
Safely reduce the number of children in out-of-home care (by less than one-third-of-one percent) [emphasis added].
● Reduce the number of children and adults placed in institutions by developing the capacity of extended families and communities.

I told the reporter I certainly understood why this was newsworthy and why he was calling, but I told him it also was a bit frustrating. I explained that child welfare was a system filled with pervasive incentives, financial and otherwise, and almost all of them encouraged everyone in the system to do the wrong thing.

These incentives include:
● Bounties paid to the state by the federal government for every finalized adoption over a baseline number.
●Per diem reimbursements for private agencies, encouraging them to hold children, needlessly, in foster care.
● Avoiding the risk of negative news coverage by taking away huge numbers of children needlessly, since no caseworker ever has been attacked in the press for taking away too many children, whereas such attacks are common if a worker leaves a child in his own home and something goes wrong.
● Avoiding firing, suspension, demotion or any other penalty of any kind by doing the same thing. Though caseworkers often claim they’re “damned if we do and damned if we don’t” that’s simply not true; when it comes to taking away children, they’re only damned if they don’t.

But reporters almost never write about these incentives.

In our previous conversation, I’d told the reporter how Arizona was in a state of perennial foster-care panic. Between 2002 and 2004, removals of children had soared 40 percent - -and, as usual, this had left children less safe. By 2005, deaths of children known-to-the-system had set a record, as workers, overwhelmed with false allegations, trivial cases and children who didn’t belong in foster care, actually had less time to find children in real danger.

And, of course, as a result, thousands of children needlessly were torn from everyone loving and familiar; they were forced to endure the emotional devastation of foster care and they were placed at risk of abuse in foster care; where there probably is abuse in at least one foster home in three.

In most states, after a year or two of foster-care panic, people calm down, look around, say, in effect, “Oh, my God, what have we done to these children?” and change course. But in Arizona, the foster-care panic has never stopped. Children still are being taken at the same rate as when the panic was at its height.

To counter the state of never-ending foster-care panic, the financial incentives to take away children and the non-financial incentives to take away children, the State of Arizona offered one puny counter-incentive: 30 cents an hour, which also could be retained by meeting other goals.

And to top it off: It didn’t work. The incentives didn’t, in fact, reduce removals. There is no evidence that the incentive, which required maintaining safety, compromised that safety. But there is plenty of evidence that foster-care panics, including the one in Arizona, leave children less safe.

But one thing deeply disturbed the reporter: Why, he asked, should there be any incentives at all in child welfare? Why can’t workers exist in a state of noble purity, immune from all base influences and able to make decisions based solely on what was best for the children?

I told him that was a nice idea - but it could work only if the public knew about all of the incentives and if policymakers then were able to eliminate all of them. I pointed out that incentives, good and bad, are a fact of life in every endeavor, including journalism.

Reporters self-censor, avoiding stories they know management hates, and pursue stories that appeal to editors’ interests in order to curry favor. Or they work harder when they know there’s a vacancy in a coveted bureau – or rumors of still another round of layoffs. Or they work a little less hard if it’s the Friday before vacation and they’re anxious to get out of the office - -just as a caseworker may not make the extra phone call to find, say, a relative with whom to place a child if she can just dump that child in a shelter instead.

It’s human nature in journalism, child welfare, or any other line of work.

So what could good leadership in a child welfare agency do about this? They could try to repeal the laws of human nature and eliminate all incentives. Or they could do everything possible to balance the incentives, so workers are encouraged to do what’s best for the children, and discouraged from doing anything else. That’s exactly what Arizona tried, except the attempt at balance was so feeble, so pathetic, that it changed nothing.

But readers of the Arizona Daily Star would learn none of this.

On May 3, they would find, instead, a lead story headlined “CPS staff to see pay cuts if goal is unmet.” They would finish the story left with the impression that there existed one, and only one, incentive in child welfare: The 30-cents-an-hour for goals that include safely keeping families together. CPS did nothing to correct this misimpression (or if they did, the reporter omitted it) saying only that the incentive would not prompt workers to compromise safety. (Going only to CPS - an agency nobody ever believes, often for good reason - is the standard way reporters with an axe to grind give the illusion of presenting all sides, without the substance.)

Readers probably weren’t alone in being left in the dark by the Star story. Editors read what a reporter turns in, not what he leaves out. So I don’t know if the reporter’s own editors know about all the other incentives. At least one editor from another part of the paper had no idea there were any financial incentives other than the one in the story (and when I explained this, didn’t much care).

It does not appear that the reporter explained this to people he contacted for quotes, either. So it is no wonder the story was filled with comments like this one from a legislator: “We’re tipping the scales with performance pay,” he said. In fact, the incentive did not tip the scales at all; rather it was a puny, pathetic, failed effort to bring them back into balance.

And soon, even that will be gone. You can bet that within a week a memo will go out rescinding the incentive either in fact or by implication. And, of course, the story itself will give one more kick-start to the never-ending Arizona Foster Care Panic.

When I e-mailed the reporter to complain about the omission of all mention of other incentives, I discovered that in just a few days, his question about “why are there incentives at all?” had morphed into a decree; a dictat from which no dissent shall be permitted. He wrote:

You seem to miss the point. It is not that keeping kids with the family is good or bad. It is not that putting them in foster care is good or bad. It is, rather, the issue of linking employee bonuses to outcomes. Those decisions should be made based strictly on the best interest of the children involved. Financial motivations, or even the perception someone could be swayed by financial motivations, are inappropriate.

There are several problems with this.

For starters, while such a comment is appropriate coming from a columnist or an editorial writer, such pronouncements have no place coming from a reporter. Whether financial incentives are or are not appropriate is something for readers to decide - after being given enough information to make an informed decision.

Second, the story deals with only one kind of incentive - and since that incentive deals with only one kind of outcome, keeping kids with the family, the story does indeed deal with the issue of whether “keeping kids with the family is good or bad.” Only a story which dealt with incentives in both directions could be genuinely neutral on this point.

And third, by pressuring CPS to abolish an incentive in one direction while leaving all the others intact, the story does the opposite of the reporter’s own alleged goal. Arizona’s vulnerable children are a large step farther away from a system that makes decisions purely on the basis of best interests than they were five days ago, because the scales are now father out of balance. And that means, these children are less safe. (Of course, if the reporter’s real goal was to encourage more foster care, then his goal was accomplished; and I’ll leave for another day the whole issue of defining best interests and what happens when the best interests of the child conflict with the best interests of children.)

As it happens, on the very day the Star story appeared, the need for balance in incentives was illustrated, albeit indirectly, in a story in Tucson’s other daily, the Tucson Citizen.

It reported on the trial of a foster mother charged in connection with the death of her foster child, Dwight Hill. Dwight died in November, 2005, within weeks of the death of another Tucson area foster child, Emily Mays. These cases got far less attention than the recent deaths of children in the same community at the hands of birth parents. (Nothing new, there.)

Dwight was born with cocaine in his system. He was confiscated at birth and parked at the local parking place shelter. Then he was placed in a foster home recruited and overseen by a private agency. They also were caring for three other foster children, including two toddlers, and a birth son with medical problems. The foster father listed his occupation as unemployed, the foster mother listed hers as “foster mother” – raising a question about financial incentives a lot bigger than 30 cents an hour.

Eleven days later Dwight Hill was dead. According to the Citizen: “A Pima County coroner's autopsy report indicated the baby died of blunt-force trauma, bleeding in the brain and a fractured skull.” The prosecutor said he died "in a way no person should have to endure."

The foster mother says she has no idea how Dwight died and was not negligent in getting him medical attention. That, a jury will decide.

But here’s what we do know:

There was every incentive for the caseworker to confiscate Dwight at birth - and no incentive for her to, say, fight extra hard to find a drug treatment program where mother and child could live together, which research shows is far better for a child’s well-being than even a good foster home. There was every incentive to just dump Dwight at the shelter – nothing could be easier, and no one would ever question it - and no incentive to work extra hard to find a relative, if Dwight really couldn’t stay with his mother. There was every incentive for the private agency, paid for every day Dwight was held in foster care, to push to keep him there as long as possible. There was every incentive for that private agency to stuff as many foster children into that home as the law allowed. And there was no incentive for anyone to ask if four very young foster children and a disabled birth child were too much for the foster mother.

This all happened before the state tried to balance the scales with that tiny incentive to think more carefully and work a little harder to keep children like Dwight and Emily out of foster care.

So by the logic of the reporter who wrote the Star story, the decisions to remove Dwight Hill from his own home and place him first in a shelter and then in the foster home where he died were perfect in their purity, utterly untainted by filthy lucre, and so, must have been made solely based on Dwight Hill’s best interests. The same must have been true with the decisions in the case of Emily Mays.

One thing puzzles me, though.

How was it in the best interests of Dwight Hill and Emily Mays to die?

Learn "How To Win In Court" ... without a lawyer 


___________________________________________________________

Related Reading: Going Pro Se. Is it Right for YOU??
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
  Another Great Document for Your Library--Now Available
"Standing in the Shadow of the Law", Special Ed.

What is? Creating Your Own Law Book
Excerpts from this document
Reason for Law Book  ~Using Your Law Book




 Learn More>> Click Here

Thursday, May 10, 2018

“The New Law of the Child” Attacks Parental Rights


They’re at it again.
Once more, academic legal scholars are trying to hypothesize away your parental rights, as well as your child’s right to be represented and protected under your care.

The latest salvo comes from law professors Anne C. Dailey of the University of Connecticut School of Law and Laura A. Rosenbury of the University of Florida Levin College of Law, and was published in the Yale Law Journal this April.

In “The New Law of the Child,” Dailey and Rosenbury seek to “loose[n] the grip of parental rights on American law.” They seek “a more child-centered analysis that elevates children’s broader interests over parents’ individual liberty claims.”
In a shocking echo of Professor James Dwyer, who claimed last fall that “the reason that the parent-child relationship exists is because the state confers legal parenthood,” the pair declare “both the recognition of the parent-child relationship and the grant of parental rights are state decisions.”

Even after much hand-wringing, Dailey and Rosenbury cannot escape the basic balance of legal authority between parents and the state. Their so-called “new law of the child” ultimately amounts to little more than a shifting of existing powers, taking from parents discipline decisions, religious exemption laws, and the right to home school. They also suggest that states might mandate annual oversight by a physician and must provide “access to reproductive health care free from parental vetoes,” including an obligation to “cover their costs.”

Ultimately, “under [their] framework, courts would determine the scope of children’s agency rights,” turning the decision making power of loving parents over to unfamiliar judges.
In a response titled “The (Not So) New Law of the Child,” New York University law professor Martin Guggenheim in the same journal takes Dailey and Rosenbury to task. (We count it an honor that Dr. Guggenheim is allied with us in the coalition to reform the Adoption and Safe Families Act and the Child Abuse Prevention and Treatment Act to better protect children by preserving parental rights.)

Guggenheim notes that “their fix for current failings in the law is to shift ultimate decision-making authority from parents to judges.”

He also mentions that, contrary to Dailey and Rosenbury’s apparent assumptions, “I have never met a parent who constructs his or her child predominantly as an object of control.”

In other words, we don’t exercise parental rights because we “get to,” but because it is our sacred duty to the children we love. And on this we wholly agree.

While Guggenheim’s refutation of “The New Law of the Child” is powerful, it cannot completely undo the damage of Dailey and Rosenbury’s article being published in the first place. Ideas have consequences, and these professors have once again echoed the idea that the state can somehow better provide for and direct children than loving parents can.

There is little doubt that over time this chorus of statist legal scholars will only get louder. Which is why it is so important to make our own voices heard in defense of parental rights.

Could you take a moment today to make a donation to support ParentalRights.org? We are completely funded by concerned citizens just like you. Only with your generous support can we continue our efforts to reach more Americans with news of these threats, and work to persuade Congress to join the Parental Rights Amendment.
Donate

Thank you for taking the time to stand with us in support of parental rights and the Parental Rights Amendment.
Sincerely,

Michael Ramey
Director of Communications & Research
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