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Friday, October 8, 2010

NCCPR Child Welfare Blog -LA TIMES COVER UP WRONGFUL REMOVALS

NCCPR Child Welfare Blog

News and commentary from the National Coalition for Child Protection Reform concerning child abuse, child welfare, foster care, and family preservation.

Tuesday, October 5, 2010

Dept of DUH: Big new study finds CPS doesn't work

            Brace yourselves: this is bound to come as a shock.  A big new academic study, published in the Archives of Pediatrics and Adolescent Medicine finds that when you send a child protective services investigator into a home where there's already a lot of stress simply because the family is poor and then pull the children aside and ask traumatic questions, possibly throw in a stripsearch, and inspect every nook and cranny of the home to see if it passes some caseworker's white glove test – it doesn't make things better, and sometimes makes things worse.

 

            They had to do a study to figure this out?   In fact, as I told Time magazine's Healthland Blog, this study simply confirms what NCCPR has been saying for years: Child Protective Services won't be effective until it becomes Child Poverty Services. 

 

            But contrary to what one of the study authors suggested this morning on WNYC public radio, that doesn't mean you have to eliminate poverty to eliminate child maltreatment – though whoever does the first will come closer than anyone else to doing the second. You can make enormous strides simply by ameliorating the worst effects of poverty. Some examples are in our publication Thirteen Ways to do Child Welfare Right. (The WNYC interview is worth listening to for the comments of the other guest, Mike Arsham, executive director of New York's Child Welfare Organizing Project.)

 

            Of course, the scenario I described above in which the investigator interrogates, stripsearches and then goes away, is far from the worst that CPS can do.

 

            In other cases, the parents will be forced to jump through a series of hoops either to keep their children with them or to get them back.  It's almost always a cookie-cutter "service plan" almost always requiring lots and lots of "counseling" and "parent education" while the actual problems of poverty are ignored.  So the "services" only add more burdens to this family.

 

            At worst, of course, the caseworker leaves with the child, throwing that child into foster care, and probably doing at a minimum, serious psychological damage to that child.  Then, if the child is returned, the family has to heal from this, while it is still just as poor and just as stressed out as it was in the first place.

 

            So why, exactly, is anyone surprised that this doesn't work?  It is a testament to the love and resilience in many poor families that only one of the many variables measured in this study got worse.

 

A FEEBLE DEFENSE OF CPS

 

            One of the more feeble attempts to defend CPS came from one Janice Warren, DSW

at the University of Virginia in Charlottesville, who told MedPage Today:

 

"Many children are taken out of very dangerous living situations permanently based upon investigations conducted by CPS.  CPS serves an essential front line of protection for the most vulnerable children in our society,"

 

            In fact, very few of the 250,000 children taken from their parents every year are taken from "very dangerous living situations."

           

            That is clear from the results of many other studies, most notably two that compared more than 15,000 typical cases seen by CPS workers.  Those studies found that children left in their own homes typically fared better even than comparably-maltreated children placed in foster care. That was true even when CPS agencies provided families with little or no help. 

 

            In other words, when CPS traumatizes a family and then goes away, it doesn't do any good.  When CPS traumatizes a family and compounds the trauma with needless foster care, CPS goes from doing no good to doing a great deal of harm.

 

That doesn't mean no child ever should be taken from his parents; it doesn't even mean CPS should be abolished.  We need an agency to protect the relatively few children in real danger.  Rather it means that foster care is an extremely toxic intervention that must be used sparingly and in very small doses.

It also means that the threshold for initiating an investigation should be higher than an anonymous call to a child protective hotline.  After all, if a big study of the fire department found that, after they left a house, it almost always still was on fire and sometimes the fire was worse, wouldn't we at least try to do more to curb false alarms?

 

SUGGESTIONS IN AN EDITORIAL

 

            The study was accompanied by an editorial which recommended some solutions.  The editorial argued that law enforcement should handle allegations of "abuse" on grounds that all abuse is a criminal act, and public health nurses should investigate "neglect."

 

            But there are problems with arbitrary distinctions between abuse and neglect.  For starters, you're going to ratchet up the largely pointless sideshow debate about corporal punishment if you start sending the cops in every time a parent is accused of spanking a child too hard.  Conversely, though they are very rare, there are forms of neglect, like deliberately starving a child, which are criminal – and much more serious than some forms of abuse.  And what do we do when there are allegations of both, either against the same child, or even an allegation of abuse against one child and neglect against a sibling?

 

            As for turning over some cases to law enforcement, nearly a decade ago, the State of Florida asked County Sheriffs departments to take over the investigative function of CPS workers.  A few counties agreed.  But nothing changed.  The Sheriffs investigators made the same mistakes as the CPS workers, and rates of child removal generally didn't change. 

 

            But there is a better way to achieve the goals the editorial is getting at: "Differential response" in which when the allegation of maltreatment, whether abuse or neglect, is less serious, the response is an offer of voluntary help.  Differential Response is discussed in this previous post to this Blog.

 

Differential response is somewhat different from what the editorial proposes.  The editorial proposes using public health nurses, apparently based on the Nurse Family Partnership program.  That is a very good program, but it is a primary prevention program, and it is strictly voluntary.  In the cases discussed in the editorial, there's already been a report to a child protective hotline, and it is not clear if the editorial contemplates families having a right to say "no" when the public health nurse comes to the door.

 

ERRORS IN THE ARTICLE

 

            There also are some disturbing errors in the article itself.

 

            ●Right at the outset, the article declares that "A CPS investigation, regardless of outcomes, signals a household at risk."  No, it doesn't.  It might mean the household is at risk, it might not.  Given how easy it is to start an investigation it may just signal a household being harassed by a neighbor or a spouse harassing a spouse.  Given the way calls to hotlines spike after a high-profile case is in the news, it might simply be that there was such a case in the news, and some well-meaning neighbor, or someone who saw the family in a store and didn't like what he saw, overreacted.

 

            Indeed, this University of Minnesota study (another study showing that comparably-maltreated children fared worse in foster care than when left in their own homes) also suggests that there may be very little if any difference between the impoverished families who come to the attention of CPS via neglect allegations and those who don't.  It may be little more than random chance.

 

            ● There also is a claim that "Family preservation … services after investigation are not associated with reductions in repeat maltreatment or foster care placement." That claim is flat wrong.  Indeed, few interventions have a stronger "evidence base" than real Intensive Family Preservation Services programs.  That evidence of success is summarized in our Issue Paper on that topic.

 

That the claim of ineffectiveness even is still around reflects the persistence of bias in child welfare scholarship discussed previously on this Blog here and here.

Monday, October 4, 2010

Just what child welfare needs: One more conference!

If there is one field that is over-conferenced, it's child welfare.  Occasionally, someone comes up with a conference in which the information is genuinely new and useful.  But  I doubt you could throw a dart at a calendar without hitting a date that includes some kind of conference (or worse, a "webinar") somewhere in the country where all the same people gather to say all the same things.


In an age of e-mail, websites, Google and amazingly fast access to information, the typical conference should be going the way of the dinosaur.  But then, so should residential treatment centers, and we know how long that's taking.   I take great pride in the fact that, in 11 years, NCCPR has sponsored only one conference – and that was specifically for the people left out of all the other conferences.


                So guess what a top priority is for the Child Welfare League of America, the giant national trade association for public and private child welfare agencies: Yes, another conference!

 

                But this would be no ordinary conference.  This would be a White House conference, something that used to occur every decade or so.  And we all know that White House conferences are to conferences as, say, a Mayoral Interagency Task Force is to a plain old, ordinary Interagency Task Force.

 

                Of course, the real difference between a White House conference and a plain old conference is that you get to meet in, I assume, the East Room, and get your picture taken with the President after he makes some opening remarks.

 

                After that, it's down to the usual keynote speeches, "breakout sessions" and plenary sessions where participants will learn that:

 

        Children are not a priority because they don't vote.

        Prevention costs less in the long run.

        We can pay now, or we can pay later.

        It takes a village.

And, the real shocker:

               Children are our future.

 

                So, all in all, I think CWLA's proposal is – a great idea! In fact, I wish them all the luck in the world in getting their White House conference.

 

                Here's the way I figure it:

 

                CWLA already has expended a lot of time and effort trying to get this conference.  Imagine what happens if they succeed:  Just think of all the committees, subcommittees, steering committees and coordinating committees.  All that time planning an agenda, lining up speakers, thinking up ideas for panels.  Maybe there'll even be focus groups to solicit "input" from "stakeholders."  In other words, it will keep the folks at CWLA and like-minded groups very, very busy.

 

                And the more time they waste on the conference, the less time they'll have to do actual harm – like undermine efforts at real reform of child welfare financing. 

 

                So by all means, let's have a White House Conference on children's issues.  In fact, let's do it every year!

Thursday, September 30, 2010

Foster care in Los Angeles: LA Times discovers civil liberties issues in child welfare – sort of

"I was never told I could refuse their search, and the tone and level of authority of my attackers made me feel that it would be dangerous to even try."

 

                The quote comes from Darlene McDade-White, who says she was a victim of an illegal search by the Los Angeles County Department of Children and Family Services.  Her story was told yesterday in the Los Angeles Times.

 

                When I saw the headline on Garrett Therolf's story about the case – "Child welfare official alleges warrantless search" – my first, fleeting, thought was: Wow, someone at DCFS is coming to McDade-White's aid and demanding civil liberties be respected in child abuse investigations - and the L.A. Times is covering the story!

 

                I was wrong on both counts.

 

                Darlene McDade-White is not a child who was, say, pulled out of her class and interrogated in the principal's office by a caseworker who suspected she'd been abused.  She was a not a child who was stripsearched by a caseworker looking for bruises.  Nor was she a child forced to undergo a terribly traumatic examination for sexual abuse based on someone's anonymous call to a child abuse hotline.

 

                Nor is Darlene McDade-White a parent whose child had to endure any of those things.  Nor did she have to endure a warranteless search of her home by DCFS workers checking to see if there was enough food in the cupboards as they prepared to confuse poverty with "neglect."

 

                Indeed, it's highly unlikely that any of those things ever will happen to Darlene McDade-White, or anyone in her family.  Because Darlene McDade-White actually works for DCFS.  In fact, she's their lead internal affairs investigator.   She's the "child welfare official" mentioned in the headline.

 

                McDade-White  was a victim of a different kind of search.  She says the allegedly illegal search was conducted by other DCFS workers.  They searched her purse, allegedly looking for evidence that McDade-White might be the one who leaked information about child abuse fatalities to the Times.  They found no such evidence.

 

                And that, of course, is why this search is the one that caught the attention of the Times

If the allegations are true, the harm to McDade-White is not trivial. But she is an adult.  And the harm to her does not come close to the harm that unreasonable searches and seizures, based on no more than an anonymous call to a hotline, do, routinely, to children all over the country.

 

That call is all it takes to send caseworkers to any home where they will demand immediate entry and the right not only to search the home, but sometimes the right to stripsearch the child looking for bruises.  (Policies vary across the country – in some places the caseworker does it herself, in others the child may be taken to a doctor – but the child still will be stripsearched by a total stranger, they'll just call it a "medical exam.")

 

That doesn't mean DCFS and its counterparts should stop investigating allegations of child abuse.  It does mean that, as I've discussed before on this Blog, here and here,  "children's rights" should include the Constitution's #4 – the one about being free from unreasonable search and seizure.  In other words: At least meet the minimal standards required to get a judge to issue a warrant.

 

Although the 9th U.S. Circuit Court of Appeals, which covers California, repeatedly has ruled, most recently last December, that warrants are required if parents don't give consent, (with the same exceptions as in criminal cases), there is no requirement to give families the equivalent of a Miranda warning.  Indeed, what McDade-White said of her own situation, applies so perfectly to families confronted by DCFS workers that it's worth repeating:

 

I was never told I could refuse their search, and the tone and level of authority of my attackers made me feel that it would be dangerous to even try.

 

And unlike the situation with McDade-White and her purse, if a family says no to a warrantless search by a child protective services agency, the caseworker can call law enforcement, claim the case is an emergency and get the child removed on the spot. 

 

But those kinds of warrantless searches, which occur over and over in LA County, and everyplace else in America, never have attracted the attention of the Times.  Apparently, Garrett Therolf and his colleagues are interested in violations of Amendment #4 only when they might impinge, even indirectly, on the Times' rights under Amendment #1.

Monday, September 27, 2010

Foster care in Florida: State's reforms are NCCPR's latest "Way to do Child Welfare Right"

UPDATE, SEPTEMBER 28: Check out Sarasota Herald Tribune columnist Tom Lyons' take on Florida's improvement, and the waiver that did so much to make it possible.

Less than a decade ago, child welfare failure could be summed up in a single word: Florida.  The fact that a five-year-old foster child could disappear for more than a year before anyone at the Florida Department of Children and Families even noticed became a symbol of failure not just in Florida but nationwide.  The case was only the most visible example of how the take-the-child-and-run approach brought to DCF in 1999 had collapsed the entire system.

 

                Today in child welfare, Florida stands for something else: It stands for openness, innovation, and progress.  And it stands for the fact that you can't have child protection without family preservation. That's why today NCCPR adds the transformation of child welfare in Florida to our list of "Ways to do Child Welfare Right."  

 

Two changes were crucial: First, in the tradition of a "team of rivals," Gov. Charlie Crist, then a Republican, brought in one of the state's most popular Democrats, former Attorney General Bob Butterworth, to lead DCF.  The joke at the time was that when Butterworth failed, Crist could blame the Democrats.  If that was the plan, the joke was on Crist.  For starters, Butterworth and his successor, George Sheldon (another Crist rival) started by dragging the agency out of its bunker, initiating a policy of telling the press and public as much as the law allowed, and interpreting all ambiguity in favor of openness. 

 

                Butterworth also started listening to current and former foster children – for real, not for show.  And that probably was the single most important factor leading him to reverse the agency's course and embrace safe, proven approaches to keep children in their own homes.  Sheldon built on that as well.  Most recently, he launched an initiative to try to make foster children's lives as normal as possible – that is, an effort to reduce barriers to living a normal family life that most of us don't even think about – like the difficulties in getting a driver's license or the requirement for background checks before a foster child can sleep at a friend's house overnight. 

 

THE WAIVER MADE A BIG DIFFERENCE

 

                But the Crist administration doesn't deserve all the credit.  Former Governor Jeb Bush, who did so much to plunge the agency into chaos, also made one crucial decision that made recovery from his own mistakes easier: He accepted a waiver from federal funding restrictions.  Money that, in other states, can be spent only on foster care, Florida can spend on better alternatives as well.   (It's been argued that Bush's decision had nothing to do with enlightened public policy and everything to do with him wanting to help his brother, the former President.  But who cares?  It worked).

 

                It's all led to a 35 percent reduction in the number of children torn from their families between 2006 and 2009.  Independent evaluations, required by the waiver, have found that child safety improved.  If the Senate follows the House and approves legislation to restore the authority of the Department of Health and Human Services to issue such waivers, it will be easier for other states to achieve similar results.

 

                But there was one last barrier to adding Florida to our list.  No state could be considered a national leader in child welfare as long as it banned fit, loving parents from adopting just because of their sexual orientation.  The worst kept secret in Florida is the fact that the Crist Administration's DCF leadership hated that law, but it was not struck down by a Florida appeals court until last week.

 

            Florida still has a long way to go.  It's a big state and not every region has gotten the message.  So even with all the progress, the rate of child removal in Florida still was slightly above the national average in 2009, the most recent year for which data are available for every state.  And, as with all good systems, there still are huge mistakes in all directions.  Some children still are left in dangerous homes.  Other children still are needlessly taken from their families.  As we note in the publication we now call Thirteen Ways to do Child Welfare Right: All of the things that go wrong in the worst child welfare systems also go wrong in the best – but they go wrong less often.

 

                In addition, there is a powerful group of providers, advocates and others who still don't get it – people who actually view the take-the-child-and-run era as the good old days.  And they never miss a chance to exploit the inevitable tragedies in a huge system to advance their agenda.

 

                But for now, Florida child welfare is heading in the right direction.  And while other reformed systems had to significantly change direction to start doing child welfare right, for Florida it was even harder.  In Florida it required a U-turn.

Friday, September 24, 2010

A win for kids: House passes child welfare waiver bill, allowing flexible use of foster care funds

The House of Representatives passed legislation Thursday to restore the authority of the Department of Health and Human Services to grant funding waivers like the one that has helped Florida dramatically improve its child welfare system.

 

                How big a win is this?  I'm not sure.  Members of Congress want to get out of town to start campaigning as soon as possible, and I'm aware of no action at all on this in the Senate.  But this is at least a small step in the right direction.

 

                The bill would restore HHS' authority to authorize a wide variety of waivers, but the most important are waivers like the one granted to Florida.  That one allows the state to use all of the federal aid other states can use only on foster care for better alternatives as well.  In exchange, Florida gave up the right to receive ever more federal money for taking away ever more children.  So it's no wonder the child welfare establishment is not thrilled by this.

 

                In keeping with their approach of never say no, just "yes, but…" it to death, the Child Welfare League of America, the trade association for public and private agencies, many of which can't exist without a steady supply of foster children, and the Children's Defense Fund, which thinks we're still living in 1968 and can't conceive of anything that doesn't involve federal control and "entitlement" funding as being good, declared that  "CDF, CWLA and others have concerns that extending waivers now will have a chilling effect next year on comprehensive child welfare financing reform."

 

                But what CWLA and CDF want is neither comprehensive nor reform.  They want to keep the open-ended entitlement for foster care, and they want something called "delinking" which would eliminate the one small brake on that entitlement. (For details, see our report on child welfare financing.) Even were this a good idea – and it isn't – this is already in the deep freeze in Congress for one simple reason: At a time when any new spending is poison, this plan is not cost-neutral.  The waivers, however, are.

 

                What CWLA, CDF and much of the rest of the child welfare establishment really fear is that more states will opt for such waivers and succeed, reducing needless removal of children from their homes – and putting at least a few private agencies out of business in the process.  Or worse, from CWLA's point of view, Congress might see how well the waivers are working and simply offer the Florida option to every state without a complex waiver process.

 

                I suspect that's the kind of real reform the bill's co-sponsor, Rep. John Linder (R-Georgia) had in mind in his remarks on the bill:

 

This bill comes to the floor in a fashion too many bills have not in this Congress: First, we held a subcommittee hearing; then the legislation was drafted with bipartisan support; and finally we ensured it does not increase the deficit by even a penny.  It is an example of what can happen if we pursue in a bipartisan way goals that are widely shared, and that have been demonstrated to achieve real results.


The legislation before us would allow all States to follow the successful child welfare reform model tested in Florida and other places.  As we learned in our hearing, those reforms reduced the number of Florida children in foster care by 36 percent, increased adoptions by 12,000, and improved child safety - all without spending more taxpayer money.  …

 

Since 1994, 22 States have joined Florida in using child welfare waivers. This legislation extends the authority for all States to do so for 5 years. This will allow other States to test and replicate policies that are working.  And it is my hope this will one day pave the way for successful Federal reforms covering all States.  Meanwhile, let's move this bill forward and continue our efforts to improve the lives of all children.

 

                Actually, Florida's waiver wasn't the first, as that line about "joined Florida" may imply – but it is the only comprehensive waiver that applies statewide.  Michigan initially accepted the same deal and chickened out at the last minute.

 

                Oh, and it was nice of CWLA to put that little "yes, but…" statement out yesterday morning, just hours after the website for Youth Today published an NCCPR Blog about how CWLA has impedes real child welfare reform. 

 

                I'll have more news related to Florida on Monday.

Tuesday, September 21, 2010

Connecticut and CR are back in court over foster care. They're both wrong.

AS THE TWO SIDES SQUARE OFF, NCCPR RELEASES  A REPORT ON CONNECTICUT CHILD WELFARE, AND TEN SPECIFIC RECOMMENDATIONS FOR REAL REFORM



UPDATE, SEPT. 22: The judge has ruled that DCF will not be let out of the consent decree.  Of the only two options on the table at the moment, that definitely was the one that's less bad.

In 1991, three state child  welfare systems signed consent decrees with the states that were suing them.  Two of those decrees, in Alabama and Illinois, helped transform their states into, relatively speaking, national models.  The third decree, in Connecticut, accomplished very little.

 

                The reason will come as no surprise to any regular reader of this Blog.  The Alabama suit focused on rebuilding that state's system to emphasize family preservation. The Illinois suit ultimately did the same.  But the Connecticut suit was brought by the group that so arrogantly calls itself Children's Rights (CR) – and we all know what that means.

 

                Connecticut is a state which, year after year, takes away children at a rate well above the national average, (and, at the moment, double the rates in Illinois and Alabama).  It is a state so fanatical about taking away children that at least three times judges have blasted the state child welfare agency for deliberately misrepresenting cases in order get the courts to rubber-stamp removals.  It is a state which has had at least two devastating foster-care panics since 1995 and may be on the verge of another.

 

Yet CR's consent decree does nothing to force the state Department of Children and Families to stop taking away so many children needlessly.  That guarantees a system that always will be overloaded, a system where none of the other serious problems will be fixed. 

 

                Money isn't the problem.  Connecticut spends on child welfare at one of the highest rates in the nation, a rate more than triple the national average.  But it throws vast amounts of money away on needless foster care, and on the worst, and most expensive, option of all, group homes and institutions.  Connecticut also ships hundreds of children to out-of-state institutions at a rate which, while not as atrocious as Rhode Island, still is horrendous.

 

COURT HEARING TOMORROW

 

Tomorrow, Connecticut DCF and CR are scheduled to be back in U.S. District Court fighting over the consent decree.  DCF says they've made such magnificent progress implementing the decree that they should be let out of it.  CR says the agency still is so wretched that it should remain under the latest version of a decree that dates back nearly two decades.

 

                They're both wrong.

 

                DCF does indeed remain a child welfare agency that does so much harm to the children in its care that some kind of court oversight is essential.  But DCF won't change as long as the consent decree ignores the elephant in the room.

 

                What's urgently needed is a new consent decree – one that is focused on getting DCF to stop taking away so many children needlessly.

 

                All this is illustrated by a "friend of the court" brief filed by the Center for Children's Advocacy (CCA) at the University of Connecticut Law School and posted on the Ct. Mirror news website.

 

                The brief combines data showing that, when it comes to things like institutionalizing children and shipping them out of state, DCF's performance actually is getting worse, with heart-rending case examples like this one:

 

                "Maybe if you put my picture on flyers and post them on telephone poles, someone might see it, and decide they want me and will take me home," says Michael …  Kind and generous and  engaging and curious-all words to describe this eight-year-old little boy who sits at a SAFE Home - a group home for young children- waiting and waiting and waiting for a family to take him home.

Michael first became the victim of abuse at the hands of his parent. After his mom's rights were taken away, Michael was placed in at least two different foster homes, split from his other 6 siblings. When DCF finally found the "home" Michael so desperately wanted, and the agency placed him in this adoptive home, his adopted dad sexually abused him and Michael found himself for a second time removed from his "family" and waiting for someone to provide him with the nurturing home he longs for.  

After months at the SAFE Home, anxiously waking up every day wanting to know if DCF had found another family, this time a "safe" one, DCF finally came through and placed him in a therapeutic foster home. But when Michael's behaviors became too much for them to take, they gave him back, "returned" him to DCF, like he was a piece of clothing to take back to the store.

And so as of the filing of this amicus brief, Michael sits at the SAFE Home once again looking and waiting for that one person in this state who will call Michael his son.

 

                But the brief also illustrates why the current consent decree is doomed to fail.  Over and over again, the authors offer only one alternative to the current  mess in Connecticut: Recruit more foster homes.  But no child welfare system in America ever has fixed itself simply by adding more foster homes.  In Connecticut, as in most systems, the problem isn't too few foster parents, the problem is too many foster children.  (The case of Michael illustrates part of the problem.  His adoptive home was abusive and his foster home gave up on him.)

 

                But even if CCA believed that the real heart of the problem is that Connecticut takes away too many children, they couldn't say it in their brief.  Because it CCA said that DCF needed to stop taking away so many children, DCF would immediately respond that no one has the right even to mention that issue in court -  because it's not in the consent decree.  So all sides have a vested interest in pretending the elephant in the room isn't there.

 

REINFORCING STEREOTYPES

 

            The brief also reinforces the false stereotypes about families that poison the child welfare debate.

 

The case examples feature only brutally abused children, even though they represent a small fraction of the cases seen by DCF workers.

 

All children in the system are referred to as "abused and neglected" children "already traumatized by abuse, neglect and removal from the parent or guardian…"  This is wrong as a matter of fact and law.  Some children are in foster care for months before a court ever decides if there was any maltreatment at all.  And for some children, they only trauma they suffered was the trauma of removal.

 

Perhaps most disturbing, in discussing the problems of children who "age out" of the system at 18, the brief quotes a DCF document stating that the outcomes for these children may be "homelessness, arrests, hospitalization, [emergency room] visits, or return to the families from which they were removed."  CCA then refers to all of these outcomes, equally, as "tragedies."

 

Connecticut needs a whole new approach. 

 

For starters, the state's elected officials and DCF need to take steps to ensure the state doesn't endure still another foster-care panic, in the wake of a high-profile case in Torrington.  Such panics plunged the system into chaos in 1995 and 2003 – the first time with what amounted to an endorsement of the panic from CR's founder and director, Marcia Lowry.

 

 Then the state needs to sit down with CR and radically reform the consent decree.  What gets measured gets done – and right now efforts to curb entries into care aren't even measured.  Illinois is successful because the two sides realized their original consent decree wasn't working and they came up with something better.

 

In 2011, Connecticut will have a new governor and, almost certainly, a new DCF commissioner.  That would be a great time to sit down with CR and start over.

 

FOR DETAILS ON ALL OF THIS SEE NCCPR'S REPORT ON CONNECTICUT CHILD WELFARE.

Monday, September 20, 2010

Worse than foster care: Scandal at America's most famous orphanage

Last April, I noted on this Blog an excellent series of stories in the Atlanta Journal-Constitution about the problems plaguing many of that state's latter-day orphanages.   As one story reported:

Fights. Sexual assaults. Consensual sex between young teens. Abuse by foster parents and group home employees. Escapes. Suicide attempts. All occur with regularity at many of Georgia's 336 private foster care agencies, the Journal-Constitution's examination found.

                But it's not just your obscure, run-of-the-mill orphanages that are plagued with problems.  Every few years, a newspaper reveals big trouble at one of the model institutions – the very places orphanage advocates point to in support of their calls to warehouse children.

                In 2001, it was SOS Children's Village in Florida.  The South Florida Sun-Sentinel revealed that between 1999 and 2001 33 reports were filed with Florida's child abuse hotline alleging abuse of children at the 50-bed facility; 21 were "substantiated" or "indicated."  During the same time period 13 "house parents" and 14 "parent assistants" quit or were fired.  (So much for that argument you always hear from orphanage proponents about how the places provide "stability.")

Then came Maryville, one of the places to which media flocked after Newt Gingrich proposed throwing poor people's children into orphanages if their parents couldn't afford to raise them after welfare "reform." In 2002, the main campus at Maryville, near Chicago, was revealed as a place of terror for many of the children confined there, according to documents obtained by the Chicago Sun-Times.  The newspaper reported that "the place is often up for grabs, with staff struggling to handle suicide attempts, sex abuse, drug use, fights and vandalism…" In 2001, police were called to Maryville 909 times.

In 2004, Illinois pulled all 270 state wards out of Maryville – something it could do because it had done such a good job of reducing needless foster care.  In Illinois, substitute care no longer is a "sellers market."

And now scandal has reached the very pinnacle of American orphanages – the very place Gingrich himself cited as the perfect place to stash poor people's children.  The Omaha World-Herald reports that the State of Nebraska has suspended admissions to two programs at Boys Town.

The reason: "investigators found staffers improperly restraining and isolating children."

According to the World-Herald: "Staffers at a Boys Town National Research Hospital program, for instance, sometimes placed children face down on gurneys and locked them into place with belts. They used the practice, which has been discontinued, to prevent children from harming themselves and others."  The story also reports that "A program director at the hospital reported 19 times in the last year that drugs were used to calm patients, although Boys Town says it doesn't use drugs."  A Boys Town official said the state must have misquoted the program director.

The decision to suspend admissions is all-the-more remarkable since it was made by the state child welfare agency in Nebraska.  There may be no child welfare agency in America more in love with taking away children and holding them in foster care.  When NCCPR compares states we compare entries into care and the number of children in foster care on any given day.  And we use both the fairest method, comparing to impoverished child population, and comparing to total child population.  Year after year, only one state is among the three worst states in all four catagories: Nebraska.

Will the problems at these particular programs be fixed?  Sure.  Boys Town will implement a "corrective action plan" and the programs will clean up their acts – just the way SOS and Maryville did.  And things will be fine.  For awhile.  But when you're dealing with a population that is either hated or feared that is out of sight out of mind, sooner or later things will deteriorate again.

And no corrective action plan can correct for the fact that institutionalization is inherently harmful and almost always unnecessary.

In the meantime, if what that program director reportedly said is true, perhaps Boys Town needs to change its famous slogan.  How about: "He's not heavy, he's overmedicated!"

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NATIONAL COALITION FOR CHILD PROTECTION REFORM

This Blog, from the National Coalition for Child Protection Reform, is a response to a series of articles in The Milwaukee Journal Sentinel which represent a throwback to some of the worst child welfare reporting we've seen since the late 1990s. There's more about us on our main site, www.nccpr.org and our blog, www.nccprblog.org

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The trade journal "Youth Today" says NCCPR "might be the most successful youth advocate[s] out there in terms of landing [their] words on editorial pages around the country." From our inception, we've done this work funded almost exclusively by foundations. But now, to maintain our effectiveness, we need your help. Please consider donating to NCCPR online through Network for Good.

Blog Archive

    • ►  May (6)

 

                            

CANNOT AFFORD AN ATTORNEY? IS YOUR ATTORNEY NOT WORKING FOR YOUR OR YOUR CHILDREN BEST INTEREST? NEED A COURT ORDER OR NEED AN EXISTING COURT ORDER CHANGED? CONTROL CORRUPTED JUDGES AND CROOKED ATTORNEYS Jurisdictionary® 

         

    YOU HAVE JUST BEEN INFORMED!

CHILDREN ARE BEING ABUSED & DESTORYED BY STATE AND COUNTY WORKERS IN EVERY STATE FOR PROFIT! EVERYONE WHO CONTINUES TO DO NOTHING TO STOP THIS CRIME BY LOOKING THE OTHER WAY, IGNORING IT, FAILURE TO EXPOSED IT, OR PRETENDING IT DOES NOT EXIST IS CHILD ABUSE!

  A person to legally be found guilty of an accessory offense, the prosecutors must prove that the defendant had knowledge of the crime that was going to be, or had been committed.         

  http://www.criminal-law-lawyer-source.com/terms/accessory.html              http://suncanaa.com/in_memory_ LOST CHILDREN     http://www.youtube.com/watch?v=h4fwVNDGKq8   Senator Nancy Schaefer

 




--

Dennis Lawrence
http://vimeo.com/channels/112287  MPR Video Channel
www.miparentalrights.ning.com       Social Network

miparentalrights@gmail.com           E-mail Address
616-848-0664

 

Tuesday, October 5, 2010

MI: Child Support Info

Here is a good start to what you are looking for
 
http://traversecityfamilylaw.com/Documents/Berger_v_Berger.pdf
 
This Court recently stated the standard of review with respect to setting child support in
Stallworth v Stallworth, 275 Mich App 282; 738 NW2d 264 (2007):
The Michigan Legislature has required that when a court orders child support as
part of a divorce judgment, “the court shall order child support in an amount
determined by application of the child support formula developed by the state
friend of the court bureau” unless to do so would be “unjust or inappropriate” and
the trial court makes certain specified findings “in writing or on the record . . . .”
MCL 552.605(2); Peterson v Peterson, 272 Mich App 511, 516-517; 727 NW2d
393 (2006). Thus, a trial court must presumptively follow the Michigan Child
Support Formula (MCSF). If the court deviates, it must make an adequate record
regarding the mandatory statutory criteria for doing so. Burba v Burba (After
Remand), 461 Mich 637, 644-646; 610 NW2d 873 (2000). We review de novo
-12-
whether a trial court properly reached its determination within the framework of
the MCSF or the statutory deviation criteria. Id. at 647; Peterson, supra at 516.
We review for clear error, however, the trial court’s factual findings underlying its
determination of a child support award. MCR 2.613(C); Beason v Beason, 435
Mich 791, 804-805; 460 NW2d 207 (1990). A finding is clearly erroneous if this
Court, on all the evidence, is left with a definite and firm conviction that a
mistake was made; the appellant bears the burden of showing that a mistake was
made. Id. We review for an abuse of discretion a trial court’s discretionary
rulings that are permitted by statute or the MCSF. Borowsky v Borowsky, 273
Mich App 666, 672; 733 NW2d 71 (2007). “An abuse of discretion occurs when
a court selects an outcome that is not within the range of reasonable and
principled outcomes.” Id., citing Maldonado v Ford Motor Co, 476 Mich 372,
388; 719 NW2d 809 (2006). [Stallworth, supra at 283-284.]
With respect to child support, the trial court determined that plaintiff had the ability to
earn $50,000 a year either as a nurse or as a nurse and dance instructor. Yet the trial court only
used plaintiff’s lesser part-time employment income to calculate defendant’s child support
obligation. We conclude the trial court’s decision to not impute income more relevant to
plaintiff’s earning ability was outside the range of reasonable and principled outcomes and,
therefore, an abuse of discretion. Stallworth, supra at 284. The trial court’s decision provides
total support for plaintiff’s decision to work for just a few hours a week and thereby earn a small
fraction of the income she is capable of generating. Although it is within the trial court’s
discretion to consider the children’s ages and care needs when considering this issue, this Court
still concludes that it is unreasonable and unprincipled to place nearly 100% of the children’s
financial responsibility on defendant under these circumstances. Plaintiff elected to divorce, and
she chose to seek custody of the children, i.e., she sought to become a single parent. Moreover,
she has a great deal of education and is more than capable of helping to financially support her
children. She should not be treated so differently from defendant simply because she wishes at
this point to essentially be a stay-at-home mother. There is also, perhaps, some irony to the trial
court’s decision as it is evident that before the divorce and when the children were much
younger, plaintiff was frequently gone. In fact, she maintained an apartment in Ann Arbor while
pursing her graduate degree. Also, plaintiff’s cousin served for a lengthy period as their nanny,
apparently because both parties had so little time for childcare. Now, although plaintiff has
completed her education and is highly employable, she wants to spend most of her time at home.
But the fact is, she has a joint and several obligation to financially support her children. MCL
722.3(1); Borowsky, supra at 672. Indeed, as discussed supra, one factor the trial court weighed
in plaintiff’s favor in awarding plaintiff custody of the children was her ability to earn an annual
income of at least $50,000, ie., that she too could financially support the children. Under these
facts, the trial court’s decision unfairly allows plaintiff “to have her cake and eat it too.”
In calculating the contributions to support that divorced parents must make, the trial court
must generally follow the MCSF as developed by the Friend of the Court unless to do so would
be “unjust or inappropriate” and the trial court makes findings “in writing or on the record”
supporting a deviation as required by statute. MCL 552.605(2); Stallworth, supra at 283-284.
Here, the record does not indicate that the trial court believed it was deviating from the MCSF by
not imputing income to plaintiff and correctly noted that the final determination as to the
-13-
appropriateness of imputing income in an individual case is a judicial one. As this Court
observed in Stallworth, supra at 285:
[T]he MCSF grants a court the discretion to impute income to a parent, 2004
MCSF 2.10(B), which the manual defines as “treating a party as having income or
resources that the individual does not actually have.” 2004 MCSF 2.10(A). “This
usually occurs in cases where there is a voluntarily [sic] reduction of income or a
voluntary unexercised ability to earn.” Id.
Nevertheless, the MCSF provides guidance to trial courts to determine whether to impute
income to a party. See Ghidotti v Barber, 459 Mich 189, 199; 586 NW2d 883 (1998).
When determining what income, if any [to impute], consider among other
equitable factors the following criteria:
(1) Prior employment experience;
(2) Education level;
(3) Physical and mental disabilities;
(4) The presence of parties’ children in the individual’s home and its impact
on the earnings;
(5) Availability of employment in the local geographical area;
(6) The prevailing wage rates in the local geographical area;
(7) Special skills and training; or
(8) Whether there is any evidence that the individual in question is able to
earn the imputed income. [2004 MCSF 2.10(E).]
These factors generally ensure that adequate fact-finding supports the conclusion that the
parent to whom income is imputed has an actual ability and likelihood of earning the imputed
income. Ghidotti, supra at 198-199; Stallworth, supra at 285. Here, however, it is undisputed
that plaintiff possessed the actual ability to earn the amount of income defendant argues the trial
court should have imputed to her. The presence of children in the home of the party is a factor
under the child support formula, but is directed to “its impact on the earnings.” 2004 MCSF
2.10(E)(4). In that regard, the trial court in awarding custody to plaintiff determined “that even
during the limited time frame when the Plaintiff-mother was working full-time, she was still able
to use a flexible schedule that maximized her quality time with the children.” Finally, 2004
MCSF 2.10(F) provides: “Imputation must be applied equally to payers and payees, and to men
and women.” (Emphasis added.) For these reasons, we conclude the trial court abused its
discretion in failing to impute income to plaintiff in an amount more truly representing her
earning capacity for the purpose of calculating defendant’s child support obligation.
 
As for the legal limits in Title 42
 
I believe that Michigan Support and Parenting Time Enforcement Act specifically recognizes those legal limits:

MCL 552.608 Limitation on amount of income withheld.

Sec. 8.The total amount of income withheld under this act under all orders to withhold income for current support, past due support, fees, and health care coverage premiums effective against a payer shall not exceed the maximum amount permitted under section 303(b) of title III of the consumer credit protection act, Public Law 90-321, 15 U.S.C. 1673.

http://legislature.mi.gov/mileg.aspx?page=getObject&objectName=mcl-552-608
 
 
Borowsky v. Borowsky, 273 Mich.App. 666, 733 N.W.2d 71, January 23, 2007:
Because the trial court did not properly apply the MCSF in calculating the applicable child support, we vacate the trial court’s child support order and remand for recalculation of the support order. On remand, the trial court shall recalculate defendant’s income consistent with this opinion. Upon recalculation, the trial court may elect to deviate from the MCSF should it conclude that application of the MCSF would be unjust or inappropriate under the facts of this case. If the trial court elects to deviate from the formula, it shall satisfy the requirements of MCL 552.605(2)(a) through (d). See Burba, supra at 643-649, 610 N.W.2d 873. In all other respects, we affirm the judgment of the trial court.

Amber Alert: Sirena and Aurora Taliesin-Sudy

AMBER ALERT:

Posted by: "Anon Ymous" oldepharte@yahoo.com   oldepharte

Wed Sep 29, 2010 6:47 am (PDT)



Please be on the lookout for Sirena Anastasia Taliesin-Sudy age 10 and her sister Aurora Rose age 9. The girls were last seen with their mothers new husband WHO IS KNOWN TO CARRY FIREARMS.

Here's what the father has provided me with so far:

My two daughters, Sirena and Aurora have been abducted. Sirena is 10
years old, and Aurora is 9, both have strawberry-blond hair and light
features.
The individuals involved in the abduction are as follows:
1) Sarah Machart, mother of my children, who is currently arrested on these charges: http://www.ktla.com/news/landing/ktla-simi-valley-child-abuse,0,710953.story (KTLA News covered it, in case the link does not work).
2) Dustin Hilton, husband of Sarah, who is whereabouts unknown at
present. He has with him my two daughters, in addition to his own two
children conceived from their union. A photo of Dustin Hilton can be
found here.
PLEASE NOTE: Dustin has a number of firearms, and should not be
approached directly. If you have any information regarding his or the
whereabouts of my daughters, please contact me directly.
Thank you.

Please folks, let's give this the widest possible dissemination. I know if my daughter were snatched I'd be going bugfook.

If you email me please use subj line "Amber Alert ICO Taliesin Sudy" so I will know to open it right away.

Monday, October 4, 2010

ACR Endorses: Ron Graeser for U.S. Congress MI 2nd Dist

Mr. Graeser,

 I am happy to inform you that due to your positions concerning the rights of parents as displayed via your Dads and Moms PAC Questionnaire answers A Child’s Right endorses your candidacy for the U.S. Congress. Thank you for showing your intent by taking the time to complete the Questionnaire. Good luck with your efforts.

http://achildsright.typepad.com/achildsright/2010/10/acr-endorses-ron-graeser-for-mi-2nd-us-congressional-district.html

Sincerely,

Darrick Scott-Farnsworth

Executive Director www.AChildsRight.net www.daddyblogger.com 

Work 269 353-5041

Cell 269 209-7144 or Nextel DC ID 130*112*19287

True Conservative: Pro-Life, Liberty and Property

--- On Wed, 9/29/10, Jim Semerad <jimsemerad@cs.com> wrote:


From: Jim Semerad <jimsemerad@cs.com>
Subject: FW: answers to Dads PAC
To: "Jim Semerad" <jimsemerad@cs.com>
Date: Wednesday, September 29, 2010, 11:54 PM 

James Semerad

5815 Woodlawn Gable Drive, Apr I

Alexandria, VA  22309
+ mailto:jimsemerad@cs.com

Phone 248-467-1204

 

From: GRAESER, RONALD E [mailto:RGRAESER@KCH.com]
Sent: Tuesday, September 28, 2010 3:46 PM
To: info@dadsmomspac.org
Subject: answers to Dads PAC

 Attached and also reproduced below are my answers to your questionaire.

Ron Graeser  --  Candidate U.S. Congress -- Michigan 2nd district

 

Dads and  Moms PAC

6632 Telegraph Road, Suite 110

Bloomfield Hills, MI  48301

Email: info@dadsmomspac.org

www.dadsmomspac.org


 

FAMILY FRIENDLY QUESTIONAIRE FOR MICHIGAN  CANDIDATES

THANK YOU IN ADVANCE FOR YOUR TIME AND PROMPT REPLY

 

YES        NO        UNSURE

1.       Do you agree that parents have an inalienable right to the

care, custody, and nurturing of their children except only in

cases of clear and convincing unfitness ?                                                                 YES__      _____      _____

 

2.       Do you feel that children have a right and need for                                             YES__      _____      _____

significant access to both of their natural parents?                                                                                                             

 

3.       Do you feel mothers and fathers should be considered equal                             YES__      _____      _____

parents under the law  ?

 

4.       Should the U.S. Constitution and its Bill of Rights apply to all          YES___      _____      _____

state courts, including family division courts ?                                                                                                         

 

5.     Would you support joint physical custody legislation which, in the absence

of unfitness, would allow both parents an equal amount of time

with their children (a rebutable presumption under Michigan law) ?  ­  YES___      _____      _____

 

5.       Do you feel that absentee Fatherhood is a major social  issue ?                        ABSOLUTELY     _____      _____

 

6.       Would you support and/or enforce non-custodial visitation orders ?    YES__      _____      _____

Enforcement is really a function of the police.

7.       Would you be willing to address our parents' support organizations ?  YES__      _____      _____

 

Please comment on your views pertaining to parental/children rights (attach statement if needed):

 

Our judeochristian heritage upon which this nation was founded and which is described in the Bible teaches that children are the sole responsibility of the parents.  Also corporal punishment has always been the prerogative of the parents, and it is a travesty when the government punishes parents and intimidates them for non lethal corporal punishment.  I have had parents approach me for advice on childhood injuries because they are afraid to go to an emergency room for help lest the authorities be called in and take their children away from them.

I would have you know too that prior to 1929 children were routinely given to the custody of the father, and that if only one parent is to raise children it is best done by the father.  But I would go a step before that and recommend that we return the to divorce laws before 1960 which made divorce so difficult that parents were essentially forced to work out their differences and raise their children together.  The overriding purpose of marriage is not to insure that the husband and wife are happy, but to provide for the care and raising of the children.   

 

Optional:  Are you a child of divorce, divorced parent, or have an immediate

   family member involved in divorce with children?                      Yes  _____  No _XXXX

 

Authorized by:

 

___________________________               _Ronald E. Graeser, D.O.          __September 28, 2010­

Authorized Signature Required                             Name (printed)                                       Date

 

RESPONSES NOT RETURNED WILL BE DESIGNATED AS 'CHOOSES NOT TO RESPOND'. 


Disclaimer: This electronic message may contain information that is Proprietary, Confidential, or legally privileged or protected. It is intended only for the use of the individual(s) and entity named in the message. If you are not an intended recipient of this message, please notify the sender immediately and delete the material from your computer. Do not deliver, distribute or copy this message and do not disclose its contents or take any action in reliance on the information it contains.

 

 

A Child's Right: ACR Endorses Ron Graeser for MI 2nd US Congressional District http://ping.fm/SUEyV

Saturday, October 2, 2010

Parental Alienation: New Brazilian Law

Breaking news: Brazil has ratified a law that defines and punishes parental alienation as a form of child abuse

On the 26th of August 2010 the Brazilian Parliament has ratified with immediate effect a law against parental alienation. The law defines parental alienation as a form of child abuse. It provides Brazilian judges and courts with seven measures to deal with parental alienation. Amongst those are fines, contrary custody and/or care and residence decisions and care supervision orders.

Below you will find the text of this new Brazilian law in an English translation and below that the Brazilian original text.

Peter Tromp
Father Knowledge Centre Europe

Brazilian Law 12 318 – Ratified law that defines and punishes parental alienation

Check below in full 12.318/10 law that provides for parental alienation.
_____________
LAW No. 12 318, DE 26 AUGUST 2010 Provides for parental alienation and amending Art. 236 of Law No. 8069 of 13

Ratified law that defines and punishes parental alienation in Brazil
26 August 2010

http://www.migalhas.com.br/Quentes/17,MI116210,101048-Lula+sanciona+lei+que+determina+alienacao+parental+como+crime

THE PRESIDENT OF THE REPUBLIC

Given the decrees of Congress promulgated the following law:

Article 1 This Law regulates the parental alienation.

Article 2 The parental alienation is considered an act of interference with the psychological training of the child or adolescent, promoted or induced by their parents or grandparents if the child or adolescent is under their authority, custody or supervision, and to result in less contemptuous behavior that impadiscano creating or maintaining links with the other parent. Examples of forms of parental alienation, as substantiated to the court or discovered by an expert, or charged directly with the testimony of third acts are aimed at:

I – open a campaign to ban the behavior of the parent exercising parenting;

II – impede the exercise of parental authority;

III – prevent contact of the child or adolescent with a parent;

IV – opposing the right to family life regulated;

V – deliberately omit relevant personal information to parents on the child or adolescent, including educational, medical and related changes of address;

VI – make false allegations against parents, against his family or against the grandparents in order to prevent or hinder their care to the child or adolescent;

VII – Change the address of residence without justification in order to prevent the attendance of the child or adolescent with the other parent, with his family or grandparents.

Article 3 The provision of an act of parental alienation hurts the fundamental right of the child or adolescent to enjoy a healthy family life, impedes the relationship of affection in relationships with parents and his family group, and is a form of abuse against moral the child or adolescent does not comply with the duties related to parental authority or guardianship or custody.

Article 4 In the face of evidence or documents indicated that parental alienation, the application of this Act at any time of the procedure, or incidentally in independent action, the court will determine, with urgency, after hearing the prosecutor, the transitional measures for the maintenance of 'psychological integrity of the child or adolescent, including to ensure their familiarity with the parent or make a genuine rapprochement between the two, if any. The court will provide the child or adolescent and the parent a minimum guarantee of visits, except in cases where there is imminent risk of physical or psychological harm to the child or adolescent, certified by a professional designated by the judge in charge of monitoring visits .

Article 5 If there is evidence that they have been charged with acts of parental alienation incidental damages, the court, if necessary, to determine the bio-psychological consequences of child:

1 The expert report is based on extensive psychological assessment biopsychosocial or, where appropriate, including a personal interview with the parties, examination of documents in the case, the story of the couple's relationship, the chronology of events The assessment of the personalities involved and the investigation as a child or teen may have developed symptoms of alienation against their parents.

2 examinations will be performed by professionals or experts in the multidisciplinary team, necessary in any case, as evidenced by appropriate academic or professional history to diagnose the acts of parental alienation.

3 The expert or a multidisciplinary team appointed to assess the presence of parental alienation will submit a report within 90 days, renewable only with judicial authorization based on a detailed explanation.

Article 6 In response to acts typical of parental alienation or against any behavior that hinders the coexistence of the child or adolescent with a parent's parent, the court may, together or separately, to raise the subject of their civil or criminal liability arising, and have adequate tools to inhibit or mitigate the effects of alienation. He will, according to the severity of the case:

I – indicate the presence of parental alienation and to notify the parent;

II – expanding the system of family life for the alienated parent;

III – impose a fine on the alienating parent;

IV – require advice biopsychosocial;

V – lead to a change of custody from joint custody or its reversal;

VI – to elect a temporary residence of a child or adolescent;

VII – to declare the suspension of parental authority.

In the case of arbitrary change of address, or impracticability or obstruction to the family, the court may also reverse the requirement to remove the child from parents' residence, during the alternating periods of family life.

Article 7 In case of assignment or change of custody will be given preference to the parent that allows efficient co-existence of the child or adolescent with the other parent, if the case can not be alternating.

Article 8 The change of domicile of the child or adolescent is irrelevant to the determination of responsibilities relating to claims based on right to family life, unless this is not the result of consensus between the parents or a court decision.

Article 9 (vetoed – amended – cash)

Article 10 (vetoed – amended – cash)

Article 11 This Law shall enter into force upon its publication.

Brasília, August 26, 2010,

189 ° and 122 ° of the independence of the Republic.

Luiz Inacio Lula da Silva

Luiz Paulo Teles Ferreira Barreto

Paulo de Tarso Vannuchi

Read more – News
* 20/11/2009 – CCJ's Board approves action against a parent who incite hatred child – click here
* 18.08.2009 – Parental Alienation can lead to loss of custody of the child – click here

Read More – Articles
* 13/8/10 – The "syndrome" that will turn law – Nebo Flávia Azevedo Antunes – click here
* 23/7/10 – SAP – Parental Alienation Syndrome – Luiz Fernando Valley Guilherme de Almeida / André Fernando Reusing Namorato – click here
* 21/7/10 – Soon, parental alienation is a crime – Denise Perissini Maria da Silva – click here

————————————————

Lei 12.318 Sacionada lei que define e pune a alienação parental

Confira abaixo na íntegra a lei 12.318/10 que dispõe sobre a alienação parental.
_____________ LEI Nº 12.318, DE 26 DE AGOSTO DE 2010
Dispõe sobre a alienação parental e altera o art. 236 da Lei nº 8.069, de 13
http://www.migalhas.com.br/Quentes/17,MI116210,101048-Lula+sanciona+lei+que+determina+alienacao+parental+como+crime

Lei 12.318

Sacionada lei que define e pune a alienação parental

Confira abaixo na íntegra a lei 12.318/10 que dispõe sobre a alienação parental.

_____________

LEI Nº 12.318, DE 26 DE AGOSTO DE 2010

Dispõe sobre a alienação parental e altera o art. 236 da Lei nº 8.069, de 13 de julho de 1990.

O PRESIDENTE DA REPÚBLICA

Faço saber que o Congresso Nacional decreta e eu sanciono a seguinte Lei:

Art. 1 Esta Lei dispõe sobre a alienação parental.

Art. 2 Considera-se ato de alienação parental a interferência na formação psicológica da criança ou do adolescente promovida ou induzida por um dos genitores, pelos avós ou pelos que tenham a criança ou adolescente sob a sua autoridade, guarda ou vigilância para que repudie genitor ou que cause prejuízo ao estabelecimento ou à manutenção de vínculos com este.

Parágrafo único. São formas exemplificativas de alienação parental, além dos atos assim declarados pelo juiz ou constatados por perícia, praticados diretamente ou com auxílio de terceiros:

I – realizar campanha de desqualificação da conduta do genitor no exercício da paternidade ou maternidade;

II – dificultar o exercício da autoridade parental;

III – dificultar contato de criança ou adolescente com genitor;

IV – dificultar o exercício do direito regulamentado de convivência familiar;

V – omitir deliberadamente a genitor informações pessoais relevantes sobre a criança ou adolescente, inclusive escolares, médicas e alterações de endereço;

VI – apresentar falsa denúncia contra genitor, contra familiares deste ou contra avós, para obstar ou dificultar a convivência deles com a criança ou adolescente;

VII – mudar o domicílio para local distante, sem justificativa, visando a dificultar a convivência da criança ou adolescente com o outro genitor, com familiares deste ou com avós.

Art. 3 A prática de ato de alienação parental fere direito fundamental da criança ou do adolescente de convivência familiar saudável, prejudica a realização de afeto nas relações com genitor e com o grupo familiar, constitui abuso moral contra a criança ou o adolescente e descumprimento dos deveres inerentes à autoridade parental ou decorrentes de tutela ou guarda.

Art. 4 Declarado indício de ato de alienação parental, a requerimento ou de ofício, em qualquer momento processual, em ação autônoma ou incidentalmente, o processo terá tramitação prioritária, e o juiz determinará, com urgência, ouvido o Ministério Público, as medidas provisórias necessárias para preservação da integridade psicológica da criança ou do adolescente, inclusive para assegurar sua convivência com genitor ou viabilizar a efetiva reaproximação entre ambos, se for o caso.

Parágrafo único. Assegurar-se-á à criança ou adolescente e ao genitor garantia mínima de visitação assistida, ressalvados os casos em que há iminente risco de prejuízo à integridade física ou psicológica da criança ou do adolescente, atestado por profissional eventualmente designado pelo juiz para acompanhamento das visitas.

Art. 5 Havendo indício da prática de ato de alienação parental, em ação autônoma ou incidental, o juiz, se necessário, determinará perícia psicológica ou biopsicossocial.

§ 1 O laudo pericial terá base em ampla avaliação psicológica ou biopsicossocial, conforme o caso, compreendendo, inclusive, entrevista pessoal com as partes, exame de documentos dos autos, histórico do relacionamento do casal e da separação, cronologia de incidentes, avaliação da personalidade dos envolvidos e exame da forma como a criança ou adolescente se manifesta acerca de eventual acusação contra genitor.

§ 2 A perícia será realizada por profissional ou equipe multidisciplinar habilitados, exigido, em qualquer caso, aptidão comprovada por histórico profissional ou acadêmico para diagnosticar atos de alienação parental.

§ 3 O perito ou equipe multidisciplinar designada para verificar a ocorrência de alienação parental terá prazo de 90 (noventa) dias para apresentação do laudo, prorrogável exclusivamente por autorização judicial baseada em justificativa circunstanciada.

Art. 6 Caracterizados atos típicos de alienação parental ou qualquer conduta que dificulte a convivência de criança ou adolescente com genitor, em ação autônoma ou incidental, o juiz poderá, cumulativamente ou não, sem prejuízo da decorrente responsabilidade civil ou criminal e da ampla utilização de instrumentos processuais aptos a inibir ou atenuar seus efeitos, segundo a gravidade do caso:

I – declarar a ocorrência de alienação parental e advertir o alienador;

II – ampliar o regime de convivência familiar em favor do genitor alienado;

III – estipular multa ao alienador;

IV – determinar acompanhamento psicológico e/ou biopsicossocial;

V – determinar a alteração da guarda para guarda compartilhada ou sua inversão;

VI – determinar a fixação cautelar do domicílio da criança ou adolescente;

VII – declarar a suspensão da autoridade parental.

Parágrafo único. Caracterizado mudança abusiva de endereço, inviabilização ou obstrução à convivência familiar, o juiz também poderá inverter a obrigação de levar para ou retirar a criança ou adolescente da residência do genitor, por ocasião das alternâncias dos períodos de convivência familiar.

Art. 7 A atribuição ou alteração da guarda dar-se-á por preferência ao genitor que viabiliza a efetiva convivência da criança ou adolescente com o outro genitor nas hipóteses em que seja inviável a guarda compartilhada.

Art. 8 A alteração de domicílio da criança ou adolescente é irrelevante para a determinação da competência relacionada às ações fundadas em direito de convivência familiar, salvo se decorrente de consenso entre os genitores ou de decisão judicial.

Art. 9 ( VETADO)

Art. 10. (VETADO)

Art. 11. Esta Lei entra em vigor na data de sua publicação.

Brasília, 26 de agosto de 2010; 189º da Independência e 122º da República.

LUIZ INÁCIO LULA DA SILVA

Luiz Paulo Teles Ferreira Barreto

Paulo de Tarso Vannuchi

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