Showing posts with label Chief judge. Show all posts

Monday

The profound urgency of Florida DCF reform

With much chest-thumping, Gov. Rick Scott last week signed a law clipping auto-tag fees by about $25 per vehicle in Florida. He used the opportunity to blast former Gov. Charlie Crist for raising those fees five years ago.

What Scott cynically failed to mention during the bill-signing charade was that all the top Republicans standing at his side had also supported the auto-tag hikes. It was the depth of the recession, and the state desperately needed revenue.

Scott is desperate to appear gubernatorial because Crist, running as a Democrat, will likely be his opponent in the November election. The auto-tag fee cut was the centerpiece of a tax-relief agenda being pushed by the governor, who trails Crist in the early polls.

Two of the GOP lawmakers who were crowing about this grand windfall for motor-vehicle owners have an infinitely more important job in the days ahead. House Speaker Will Weatherford and Senate President Don Gaetz have a chance to do something truly crucial and good.

They can shape a law that saves actual lives — the lives of endangered children.

Bills that would strengthen Florida's child welfare laws are winding through both houses of the Legislature after publication of the Miami Herald's shocking investigative series, "Innocents Lost."

The newspaper documented the deaths of at least 477 children whose parents or caregivers had a history with the state's Department of Children and Families. During the six-year period studied by reporters, DCF consistently under-reported the number of victims in its files who died because of violence or negligence by parents and caregivers.

In 2008, for example, the state said the death toll was 79. Using DCF's own records,Herald reporters found 103 fatal cases that year.

Then, in 2009, the state reported that 69 children whose families had prior contact with DCF had died. Reporters counted 107.

The uncounted die just as wretchedly — and as unnecessarily — as the counted.

One of the most awful, notorious cases involved Nubia Barahona, a 10-year-old Miami girl who'd been tortured and starved by her adoptive parents. Soaked in poisonous chemicals, her decomposing body was found inside a black garbage bag on a pest-control truck.

Three years after the murder, the DCF still hasn't sent her case to the Florida Child Abuse Death Review Committee. Incredibly, Nubia's death remains officially uncounted.

The child-welfare system has been overwhelmed and broken for a long time, but that hasn't stopped lawmakers from hacking millions in DCF funding. But this year, Florida has accumulated an extra $1.3 billion in revenues, so there's no excuse not to take action to stop the killings.

Scott has proposed $40 million to hire more DCF investigators and improve their training. That's a start, but drug-treatment and counseling programs are also needed for those who've been allowed to keep their children while under supervision.

The sad truth is there aren't enough good foster homes to let the state move all the kids now living with reckless parents in high-risk situations. In recent years, the DCF has bent over backwards to hold dysfunctional families intact, too often with lethal consequences.

In 83 cases found by the Herald, a little boy or girl died after one or more parents had signed a so-called "safety plan" pledging to take better care of the child. The Senate version of the reform bill aims to make these safety plans more than just a piece of paper. The measure would require prompt and complete reporting of certain child deaths, and offer tuition-aid incentives for social workers who want to become child-abuse investigators.

Still, the Senate bill provides only $31 million in extra funding for child protection. The House version calls for $44.5 million.

"It's tragic where Florida finds itself," Weatherford said last week.

He and Gaetz have the clout — and a moral obligation — to make other lawmakers understand the profound urgency of DCF reform. Children who are known to be in danger are dying, and the state can't even properly count how many.

With $1.3 billion in unanticipated revenue lying around, the governor and Legislature can afford to invest more than a drop in the bucket to help Florida's most helpless children.

Lowering auto-tag fees by 25 bucks might be cause for giddy back-slapping in Tallahassee, but saving even one child from a tortuous death would be a more noble accomplishment.

And one you can't put a price on.

Hiaasen writes for the Miami Herald.

Post by Stop Mental Child Abuse.

Post by Children's Rights.

Post by And Justice 4 All ~ Florida.

Post by Children's Rights.

In The Race for Governor: Anyone but Rick Scott. By Geniusofdespair

Post by Florida Women for Alimony Reform - FLWAR.

Representative Ritch Workman of Melbourne goes into more detail about the bill.
Posted May 29, 2013.

FILED UNDER

Opinion

Alimony Reform Is Coming [Video]

POSTED JUNE 11, 2013 IN DIVORCE VIDEO YOUR FAMILY & THE LAW BY AMBER STATLER-MATTHEWS

Alimony Reform Is Coming [Video]
Amber Statler-Matthews reports on push for alimony reform from permanent alimony to durational alimony.

Deborah Leff Israel founded the Florida chapter of the Second Wives Club, now called the Florida Women for Alimony Reform. Deborah explains alimony changes are needed to weed out people who truly need longer term support from those who are able-bodied and can work but get away without doing so–because of the law.

Lawyers.com videojournalist Amber Statler-Matthews reports on the changes in alimony law, looming in the horizon.

Deborah reconnected on Facebook with a friend, whom she had not seen for 26 years. They fell in love and were engaged in 2010. Three years later, they are still engaged. That’s because Deborah realized if she married her fiance and he fell into financial hardship — the permanent alimony granted to his ex-wife could become her responsibility.

Deborah’s club is part of a growing, national movement to reform alimony laws. The women in the group believe permanent alimony is wrong for several reasons:

The alimony checks continue until the payee remarries, even if the payor becomes sick or retires.
Increasing lifespans and co-habitation mean payments get extended much longer.
Permanent alimony ties former spouses to unhealthy relationships.
Court ordered alimony payments rely too much on the judge’s discretion.

Family law attorney, Lori Barkus, says new legislation, which creates uniformity and gives people standards and guidelines, is needed. She feels the laws should also allow judge’s discretion, in cases that warrant it.

iStockphoto/ Thinkstock

Reformers are pushing for the following:

Durational alimony allowing enough time for a long-term homemaker to establish a career, then payments should end.
Alimony based on established formulas that take into account the length of the marriage, and the age of supported spouse.
A set date for payments to end.
Removal of judicial discretion on the payment terms.

Women are now making up larger numbers in the workforce. A recent study shows that 40% of married women out earn their husbands. Change in alimony is coming.

Tagged as: #alimony alimony #familylawreform #florida

THE THREE-RING CIRCUS

Dear Honorable Judge (all Juvenile Dependency Judges, future Judges and Presiding Judges),

I have some thoughts that you need to hear, I am expressing this by and through my United States Constitutional Right to FREE SPEECH.

If anyone reading this has an opinion and would like to comment, that is also YOUR RIGHT, so exercise it!

Now, I wish I could say that you are simply ignorant. I wish I could say that you are being manipulated and coerced into doing what you do. Sadly, I cannot say either. The truth is, you are fully aware of the horse-and-pony show which performs daily in your “courtroom”. I have estimated that your 3 ring circus has almost 10,000 shows a year at each Courthouse in Riverside County. That would be a total 30,000 “hearings” annually in which families’ rights are being violated, perpetrated against, falsely accused, manipulated, coerced, improperly represented, denied their right to confront witnesses (the anonymous caller especially) and denied due process that is guaranteed by the U.S. Constitution.

Awful Opposing Counsel in Family Court

7 Steps for Managing Awful Opposing Counsel

“Honestly, based on the dealings I’ve had so far, I dislike the other attorneys more than the opposing spouse! Why do attorneys have to make everything so personal?”

The guy who said that practices family law in Florida, and I couldn’t agree more.

You’ve had the same experience. The opposing counsel is making you miserable. You are not alone.

My friend in Florida asked, “How do you deal with attorneys like that?”

I’ll attempt to answer. However, I’ll warn you now that there isn’t a secret formula for these situations. There isn’t a perfect solution for dealing with these difficult humans.

When I’m dealing with one of these lawyers, I assume that we’re in for the long haul. These folks typically drag out every element of the case.

How to Never Let Your Clients (Or Opposing Counsel) See You Sweat

Here’s my advice:

1. Accept it. Accept that they are who they are and that you can’t change that reality.

Happy Birthday David 2011 - A name is much more than just a name!

D is for desire, your thoughts do aspire or for dA name is much more than just a name!

A is for affirm, the certainty of knowledge or for abundant, your cheer knows no bounds.

V is for valentine, a sweetheart you are! Or for volunteer, your giving side.

I is for inspire, others seek your guidance or for interest, you show in others.

D is for dashing, the romantic you! Or for diamond, the brilliance you shine.

False DV Accusation "Insurance Policy"

Post by SAVE for Falsely Accused.

AFRA EDITORIALS

By Leonard Henderson R.I.P.

FALSE ACCUSATION INSURANCE POLICY

Originally published 10-5-2000

Considering that almost EVERY PROFESSIONAL is now cited as a "Mandated Reporter", we are at the point of wondering: "Who can you trust?"

Faced with the DEFINITE POSSIBILITY of a FALSE ALLEGATION OF ABUSE, are parents going to be FORCED to quit taking their children to the doctor? But then if you don't, the CPS is ready for you with a charge of SEVERE MEDICAL NEGLECT.

With these very real hazards, and their life-destroying potential, I wonder when some creative insurance company will come up with "Abuse-Neglect Allegation Insurance".

I would buy it, wouldn't you?

But realistically, NO INSURANCE COMPANY IN AMERICA TODAY would underwrite it, OR more importantly, few families could afford it.

According to my calculations, the premium would have to be AT LEAST $166 per month PER CHILD, given the current statistical 1 child in 25 kidnapped by CPS per year at a cost of $50,000 per defense.

Or just for the sake of figures, $166 per month into a COLLEGE FUND, for 18 years would yield $35,856 PRINCIPAL, plus $22,106 compounded interest at 5% per annum, for a total of $57,962.

Well, WHY worry about college if the Government has a far, far better place for your children than being in YOUR FAMILY? This is a good thing, isn't it?

You don't have to worry about them when they're sick. You don't have to worry about the cost of insurance. You don't need a nice, big house (they're all being lived in by "old money" widows anyhow). Momma doesn't have to plan birthday parties and bake cookies. You don't have to make their "owies" better. You don't have to make them take baths, clean up their room or wash their clothes (a washing machine would last a lifetime without kids). You can have fragile, breakable, beautiful things around the house. You don't have to help them with their home work. You don't have to put up with the house full of "slumber party" girls giggling all night long. You don't have to take them on vacations to the beach or Disneyland. You don't have to worry about the kinds of kids they hang out with. You don't have to fret with them over college or career choices. You don't have to worry about the kind of mate they choose.

The Government can make sure they all grow up Politically Correct and everybody is Grey.

All parents are just "potential abusers" anyway. You don't want to be a "potential abuser" do you?

You don't have to do anything but make 'em and the Government will raise them for you, and do a pretty darn good job of it, if they have to say so for themselves (in spite of the statistics). They can just play and "be kids" until they turn 18. When they turn 18, the government sends them on their way-

"Have a nice life now. Hope it works out for you. Sorry about the one hundred and four foster homes. Sure hope therapy has helped you get over the twelve rapes you suffered and three kids you saw killed in foster care. Oh by the way, we neglected to teach you any real life skills. Don't call us".

Comment on this story

"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist

If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU

Learn as much as you can, as fast as you can at How To Fight CPS

Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration

Leonard Henderson, co-founder
American Family Rights Association
http://familyrights.us
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©

I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)

AFRA Editorials are NOT copyrighted. Please feel free to forward widely. We are at 100% total complete WAR with CPS, not trying to be famous or important.

http://familyrights.us / news / archive / 2011 / july / false_accusation_insurance.html "Who can you trust?"

Denuncia que la agredieron familiares de su ex pareja y resultó ser un vecinoviso at CUSTODIA PATERNA -

El Juzgado de lo Penal ha condenado a una mujer a una multa como autora responsable de un delito de denuncia falsa en grado de tentativa después de que denunciara a dos familiares de su ex pareja de una supuesta agresión hacia ella y su hijo cuando en realidad había sido un vecino. La sentencia considera como hechos probados que el 8 de septiembre de 2010 fue remitido al Juzgado de Instrucción Número 4 de Palencia dos partes de lesiones confeccionados con fecha de 5 de septiembre de 2010 tanto de ella como de su hijo. Tras ser llamada a declarar en nov... more »

Post by SAVE for Falsely Accused.

Tuesday

Can My Ex Prevent Me From Attending My Child/ren's Extra Curricular Activities?

CHRIS BOSH'S EX WON'T LET HIS DAUGHTER WATCH HER DAD IN THE FINALS

Custody and child support disputes between Chris Bosh and his ex-girlfriend Allison Mathis concerning their 2-year-old daughter Trinity are nothing new, but even Mathis' lawyers have said she hopes their daughter can have a good relationship with her dad. Oddly, however, TMZ is reporting that Bosh is now begging a judge to allow Trinity to attend an NBA Finals game over Mathis' objections.

The estranged pair split custody of their daughter, but right now she's in Mathis' care. Bosh, understandably, wants his daughter present during the Finals and according to TMZ is asking the judge in their on-going custody dispute to allow Trinity to attend the remaining games.

TMZ obtained an emergency motion Bosh filed with a Maryland court last week -- asking the judge to temporarily alter their agreement so "[Bosh's daughter] is able to share in what, to date, is the pinnacle of Bosh's professional career, and possibly a once in a lifetime opportunity."

TMZ also obtained an email Bosh had written to Mathis asking for more visits with his daughter before the Finals. It's pretty personal stuff, but you can read it here. TMZ's sources say Mathis doesn't want to alter the agreement, regardless of Bosh's trip to the Finals. However, regardless of the legal wrangling, Bosh is scheduled to take custody of Trinity on June 11, just a day before Game 6. So, Trinity will at least be present for one of her father's games.

Parental Alienation is Emotional Child Abuse

The least understood – and often most destructive – type of child abuse is emotional. Its scars are not physical but invisible, with profound, far-reaching consequences (Andre 2005). Unfortunately, it’s much tougher to prove the existence of emotional abuse in the United States compared to the laws that exist to protect children in other countries. For example, in Sweden, it’s not only illegal to hit a child, but also to bully them (Hunt).

Emotional abuse, as defined by The Federal Child Abuse Prevention and Treatment Act (CAPTA) is a pattern of behavior that impairs a child’s emotional development or sense of self-worth. This may include constant criticism, hovering, threats, rejection, lying, bullying, menacing, accusing, blaming, taunting, intimidating, as well as withholding love, support, or guidance, or generally lacking empathy.

Parental alienation does not materialize without the presence of emotional abuse. While alienating parents may not leave visible signs of their abuse, what they are doing is clearly abusive. When a custodial parent isolates a child from another parent through programming techniques, it is the alienator’s way of controlling a child’s beliefs through rejection and fear.

Parents who try to alienate their child from his or her other parent convey a three-part message to the child: (1) I am the only parent who loves you and you need me to feel good about yourself, (2) The other parent is dangerous and unavailable, (3) Pursuing a relationship with that parent jeopardizes your relationship with me (Baker).

Children do not naturally lose interest in and become distant from their nonresidential parent simply by virtue of the absence of that parent, and healthy and established parental relationships do not erode naturally of their own accord. They must be attacked (Bone and Walsh).

Emotionally abused children, particularly those exposed to parental alienation tactics by a custodial parent, cannot meaningfully protect themselves against such hostility. They live in a state of chronic upset and threat of reprisal, and it wounds their psyches so deeply that such abuse may wreak psychological havoc greater than that caused by physical abuse, according to clinical research.

Simply put, an alienating parent operates by the adage, “My way, or the highway.” One must realize that the PAS process operates in a “fear based” environment. It is the installation of fear by the alienating parent to the minor children that is the fuel by which this pattern is driven; this fear taps into the most basic emotion inherent in human nature—the fear of abandonment. When the child does dare to defy the alienating parent, they quickly learn that there is a serious price to pay. Consequently, children who live such lives develop an acute sense of vigilance over displeasing the alienating parent (Bone and Walsh).

Parental alienation and parental alienation syndrome differ in important respects. Parental Alienation Syndrome focuses on the child’s behavior: refuses to visit, expresses unjustifiable hatred towards the target parent, displays no fear of the court, harbors irrational beliefs shared by the alienating parent, and cannot see any good in the targeted parent (Darnall).

Parental alienation, on the other hand, focuses not on the child's behavior, but on the parent's behavior: demonizing the other parent, attempting to limit or block access using the argument that visitation is unsettling to the child, forbidding discussion about the other parent, not allowing photos of the other parent in the home, belittling the target parent’s extended family, and bullying the child into conformity.

The alienating parents are oblivious to the psychologically and emotionally detrimental effects to the child; they simply don’t care. They believe they are more biologically valuable to the children than you are, and will campaign against you until you evaporate from the face of the earth, or until the children are fully aligned with them, in which case, the children have been completely programmed, are now suffering from PAS, and take over the denigration crusade of their own volition.

Losing a loved one is a traumatic experience at any age, and despite how resilient children may be, this type of trauma seriously disrupts their social and emotional development. Because the loss is not a permanent one, as in the case of a tragic death, the trauma a child suffers as a result of exposure to PAS is never-ending. Every instance in which the target parent attempts to make contact – through phone calls, letters, cards, packages – serves as a reminder that the parent considered dead to them is very much alive. Young children, particularly, are in the midst of developing the cognitive, reasoning, and socialization skills necessary to comprehend and respond to trauma, whether it’s an isolated event like a bullying situation, or an ongoing situation such as child abuse, and this type of persistent exposure to parental alienation can impair their ability to focus, organize and process information, and solve problems.

This is an issue I’m incredibly impassioned about because my family has been ravaged by parental alienation. I’ve written endlessly about the increasingly volatile situation in which my two previously well-behaved, loving daughters embraced their father and stepmother’s campaign of denigration and began acting out in hostile ways toward every member of my household.

Of course, it didn’t happen overnight. My girls were legally abducted (I agreed they could move to Indiana with their dad and try it out for one school year), held hostage 279-miles away from me, and isolated for 656 days; my only form of communication during that time was letters (which they never received) and telephone calls. After I filed the necessary paperwork to enforce our valid court order (and contempt for my ex husband’s systematic interference with my parenting time), the judge instructed my ex husband to abide by the current order, which meant the girls spent every other weekend in Ohio with me, pending the outcome of the trial.

I was stunned to witness my ex husband’s alienation tactics escalate at such an intense pace after our appearance in court, at which time we reached a parenting agreement that, I believed, was beneficial to the girls, as they wanted to remain living with their dad. I knew they didn’t want to participate with in-camera interviews and psychological evaluations; my ex husband’s worst fear, I clearly realize now. The long distance schedule was implemented upon our agreement, which meant the girls began coming home for several days once a month, on average, instead of every other weekend. The escalation happened in only a matter of months, and my girls are now suffering severe parental alienation syndrome. I am discovering, too, that the process is almost impossible to reverse.

That is why preventing and understanding parental alienation is so important. It’s much easier to combat PAS when you exercise frequent parenting time with your children. As J. Michael Bone points out, “When there are substantial periods in which they do not see the other parent, the children are more likely to be poisoned by the process. Another variable that predicts success is the child’s age. Younger children generally are more vulnerable than older ones.”

The saddest realization, for me, is that my ex husband’s horrendous behavior has violated one of the most sacred duties of parenthood, which is to foster and facilitate love. Not only has he robbed our children of a meaningful relationship with me, he has given them a distorted definition of love. They are learning, from the first man they loved in their life, to associate love with pain, and sadism with intimacy - a lesson that, I’m afraid, will leave them emotionally bankrupt later in life.

As resilient as children may be, do they ever completely overcome the mutilation of their hearts and souls?

The long-term effects of parental alienation are questionable, but research shows that when exposed to distressing events, even children as young as 18 months can develop serious psychological problems later in childhood and in adulthood. As they grow, these children take with them the effects of traumatic events, and are more likely to experience problems with substance abuse, depression, and stress management as a result. Make no mistake - losing a parent, whether through death, divorce or unnatural isolation, is traumatic for a child.

Children deserve to live in an environment unencumbered by fear and pain. They should never be made to feel as if they are being disloyal to one parent simply because they exercise their fundamental right to freely express love and affection for the other, and they certainly don’t deserve to be betrayed by the very people they love and trust.

All, too, will bear in mind this sacred principle, that children are not our property, and they are not ours to control any more that we were our parents' property or theirs to control (Richard Bach).

Cruelty and oppression is everybody's business to interfere when they see it.

Parental Alienation Awareness Day is April 25, 2011. Parental Alienation Awareness is put forth to help raise awareness about the growth in the problem of targeting children and their relationship in healthy and loving parent/child bond. With awareness comes education and understanding, and the power to stop the abuse of innocent children caught in the crossfire of people they love.

If you’ve been affected by Parental Alienation or know someone who has, please consider joining the Bubbles of Love Campaign for 10 minutes on April 25, 2011 at Noon your time. Each bubble represents love, how love takes us all higher, and how, like bubbles, we should not contain love.

Source: http://open.salon.com/blog/carrie_ella/2011/04/21/parental_alienation_is_emotional_child_abuse

Resources:
The California Psychologist
The Natural Child Project
Child Welfare Information Gateway
Douglas Darnall
Amy J.L. Baker
J Michael Bone
StopBullying

Technorati Tags: Child Abuse,Emotional Abuse of Children,Psychological Abuse of Children,Parental Alienation,Parental Alienation Syndrome,Hostile Aggressive Parenting,Punishment,Bubbles of Love,PAS Awareness Day

Dwyane Wade’s Custody Dispute a Classic Case of Parental Alienation - Fathers & Families

Post by Childrens Rights Florida.

SHARE YOUR STORY

We always encourage all parents and extended family to share experiences of Family Court horrors, or Parental Alienation and its impact on you, your children and family. That way the ripple effect of the information and experiences shared will create positive change for other people who are affected or who may be affected in the future.

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