28 posts tagged “child custody”
Incident Appears to be Murder-Suicide
Updated: Monday, 03 Aug 2009, 10:18 AM CDT
Published : Sunday, 02 Aug 2009, 10:09 PM CDT
Dyersburg, Tenn. - Three people are dead in Dyersburg after a father accused of child abuse apparently shot and killed his daughter and one of her protective custodians, then turned the gun on himself.
According to Capt. Steve Isbell with Dyersburg Police, officers were called to the 800-block of Blake Cove just after 7:30pm Sunday.
46-year old Todd Randolph, his wife 45-year old Susan Randolph and a 15-year old girl were found with gunshot wounds. Todd Randolph and the teenage girl were pronounced dead at the scene. Susan Randolph was airlifted to The Med and was released Monday morning.
Investigators determined that the teen's father, 34-year old Christopher Milburn, approached the Randolph home and opened fire. Milburn was found dead about a block away with a self-inflicted gunshot wound.
Dyersburg Police and the Department of Children Services had launched an investigation into allegations of abuse last week involving Christopher Milburn and his 15 year old daughter. Department of Children Services had placed the 15 year old into the care of the Randolph family pending the outcome of the investigation.
http://www.myfoxmemphis.com/dpp/news/tennessee/080209_Three_Dead_in_Dyersburg_Shooting
Have you ever called a government agency for help only to be chuckled at and made fun of? Then chances are you have never had to contact the Cocke County Department of Children Services (DCS) located on Heritage Street in Newport, Tennessee.
Such was the case on Monday, July 6, when Renée Lynn, Editor-in-Chief of “The Knoxville Journal,” needed to discuss a dire situation with Kim Ramsey, a case worker at the Cocke County DCS. Mrs. Lynn tried numerous times to reach Ms. Ramsey or anyone in the department to no avail.
Finally, Mrs. Lynn got in touch with Ms. Ramsey to converse about a very serious issue concerning information relevant to two foster children under their jurisdiction. Apparently the information was ignored.
When asked very pertinent questions about the care of these children, Ms. Ramsey began laughing over the phone along with other employees. They just kept on laughing. Ms. Ramsey made no effort to correct her rude behavior with an apology. Mrs. Lynn then informed Ms. Ramsey that this was not a laughing matter, but was a grave set of circumstances. Again Mrs. Lynn was met with snickering.
It just so happened that Mrs. Lynn’s telephone was on speaker phone and at least one other person witnessed the outrageous behavior of Ms. Ramsey.
Mrs. Lynn commented, “It is a sad day when upstanding citizens are being subjected to such disrespect from government employees.”
This is not the first complaint lodged against the Cocke County DCS. This reporter knows of at least one other incident in which the Cocke County office has overstepped their bounds.
Ms. Vicki Hodge, supervisor of the Cocke County DCS did return a call to Mrs. Lynn on Tuesday, July 7, but did not apologize for the offensive conduct of her employees.
If you have any information about the Cocke County DCS you would like to share, please call Myra Wheeler at The Knoxville Journal at (865) 546-5353.
http://www.theknoxvillejournal.com/inside/pages/news/Cocke-County-DCS.html
I am sure they would be interested in all the stories in TN, give it a shot.
http://www.pro-selaw.org/pro-selaw/index.asp
This
website is designed as a resource center on self-representation in
civil legal matters. Our purpose is to provide a collection of
materials and resources that can be used to create legal service
delivery systems that are based on the concept of "pro se" or "self"
representation within federally funded legal services programs, courts,
pro bono programs, and other community-based programs.
Pro Se means "on one's own behalf." A 1991 American Bar Association study of self-represented litigants showed:
- Persons with incomes less than $50,000 are more likely to represent themselves.
- About 20% of self-represented litigants report they can afford an attorney but do not want one.
- Self-represented persons are more likely to be satisfied with the judicial process than those who are represented by attorneys.
- Almost 75% of those who represented themselves in court said they would do it again.
Self-representation,
when combined with the power of modern information technology can be an
important means of providing increased access to the legal system.
This resource center contains:
-
A searchable Directory of Pro Se Programs operated by legal service providers;
-
White papers and research on the research concept;
-
A Discussion space where organizations that want to design and operate pro se assistance programs can post questions and receive answers from other
professionals who are engaged in operating pro se programs.
www.stopfamilyviolence.org/349
by Sarah Childress
Published on September 25, 2006 by Newsweek
Why Parents Who Batter Win Custody
by Sarah Childress
It took
six years for Genia Shockome to gather the courage to leave her
husband, Tim. He pushed her, kicked her and insulted her almost from
the moment they married in 1994, she says. She tried to start over with
their children when the family moved from Texas to Poughkeepsie, N.Y.
It didn't last long. Tim called her constantly at work and, after they
split up, pounded on her door and screamed obscenities, she alleged in
a complaint filed in 2001. Tim was charged with harassment. As part of
a plea deal, Tim agreed to a stay-away order—but denies ever abusing
her or the children. In custody hearings over the past six years, Tim
has insisted that he's been a good father, and argued that Genia's
allegations poisoned their children against him. The judge sided with
Tim. This summer he was granted full custody of the kids, now 11 and 9.
Genia was barred from contacting them.
Genia is
one of many parents nationwide who have lost custody due to a
controversial concept known as parental alienation. Under the theory,
children fear or reject one parent because they have been corrupted or
coached to lie by the other. Parental alienation is now the leading
defense for parents accused of abuse in custody cases, according to
domestic-violence advocates. And it's working. The few current studies
done on the subject consider only small samples. But according to one
2004 survey in Massachusetts by Harvard's Jay Silverman, 54 percent of
custody cases involving documented spousal abuse were decided in favor
of the alleged batterers. Parental alienation was used as an argument
in nearly every case.
This
year the National Council of Juvenile and Family Court Judges denounced
the theory as "junk science," and at least four states have passed
legislation to curtail its use in custody cases involving allegations
of domestic violence. "It's really been a cancer in the family courts,"
says Richard Ducote, an attorney in Pittsburgh who has represented
abuse victims in custody cases for 22 years. "It's made it really
difficult for parents to protect their kids. If you ask for protection,
you're deemed a vindictive, alienating parent."
It may
seem hard to fathom how a judge could award custody to a parent accused
of abuse. But battered spouses often don't file criminal charges—so no
judicial finding is made against their mates—and family-court judges
typically aren't trained to referee the complexities of abusive
relationships. (Although men are sometimes battered by their wives,
women are the victims in the majority of abuse cases.) Judges often
throw out documented evidence of spousal abuse, arguing that it is
irrelevant in a custody case. And experts say that family-court judges
often look favorably on the alleged abuser because he seems more
willing to share custody than the accuser—who is hellbent on keeping
the father away from the child. According to a survey by Geraldine
Stahly, a psychology professor at California State University at San
Bernardino, attorneys will caution battered spouses against reporting
abuse in court so they don't lose their children. (Stahly and other
academics say the parental-alienation argument has more legitimacy in
custody disputes that don't involve charges of abuse.)
Parental-alienation
syndrome was first introduced by child psychiatrist Richard Gardner in
the 1980s. Fathers-rights groups picked up on the idea and began trying
it out in court. These groups condemn abusers. But Dan Hogan, executive
director of Fathers & Families, a nonprofit group that advocates
for joint custody, argues that all too often the accusers lie in order
to win custody of their kids.
There's
a small but growing movement to ban parental alienation in custody
cases, sparked by embattled parents bonding online. They've linked with
lawyers and advocates for battered spouses across the country. At least
four states, including California, have laws protecting parents who
make good-faith abuse allegations. Others may soon follow their lead.
Greg Jacob, an attorney who takes cases for abused parents pro bono, is
drafting legislation to shop to Virginia and Maryland next month.
Meanwhile, parents like Genia keep fighting. "It's so hard, having my
children lost," she says, her voice breaking. "This was my life—my
children."
Update on Million Survivor March
First and foremost: Million Survivor March is a heartfelt project. I have spent many, many hours dedicated to this project. I have been encouraged by so many of you.
THANK YOU ALL!!
The person that was to mentor me and support us. Has parted ways with this project Million Survivor March will not let this detour us.
To Avoid any confusion, I would like to let you all know the web-site www.MillionSurvivoMarch.org is no longer active, Please go to the official trademarked site: www.MillionSurvivorMarch.com
I do not have a non profit status as of yet, nor am I a musician. However I am a survivor of childhood sexual abuse trying to raise awareness. My motives are not for fame and fortune.
So Please continue to support this cause, add the MSM banner to your page, sign the petition, and Tell your friends.
I do appriciate each and everyone of you!!
Sharon,
Sharon@MillionSurvivorMarch.com
http://www.thepetitionsite.com/5/in-support-of-lisa-and-bella-smith-2
This petition is in support of returning Bella Smith, to her mother,
Lisa Smith. Where she legally belongs. Children can not be stolen from
their homes with out trials and proof of real harm.
Bella was
removed from her home without probable cause or a warrant. There were
no reports of harm against the mother. Bella was taken by a Knox County
Juvenile Case Manager, Stacey Turpin. Ms. Turpin said she had a warrant
and did not. She removed the child out of anger. Once the child was
removed, she was given to an abusive, violent father, who had been out
of Bella's life, by his choice for more than a year. The father has
committed several violent acts against the mother and other women, this
is all documented in police records. The Juvenile Court has failed to
provide the child with a safe environment. She has not had proper,
continued medical attention or insurance. The father has testified in 3
Courts, under oath, that he does not give the child medicines
prescribed by her Doctor. Yet, the Juvenile Court refuses to
acknowledge this medical neglect. The guardian ad litem, Joseph
Della-Rodolfa, never met or attempted to meet with Bella & Lisa.
Yet he met with the father several times, he recommended to the court,
Bella stay with him, based on absolutely nothing. GAL's are to ensure
what's in the child's best interest. Not there own or what is most
convenient for them. He has failed to protect Bella also, both
physically and medically.
There must be due process, fair and equal
treatment, and protection of Constitutional Rights, in children's
cases. No one has attempted to reunite Bella with her Mother.
It
sends a negative message to society and battered women, when the State
chooses to prosecute women for rightfully protecting their children.
This
child has been to Dr. and ER more than 42 in a year and a half, her
bruises, marks, and scratches have all been documented and
photographed. The child her self has stated several times, her "daddy
whipped her butt, with the switch". No one has done anything to protect
this child, and they have allowed the father to make continuous
accusations and harass Ms. Smith's family. There has not even been an
attempt to re unite Bella with her Mother.
We ask you, Judge
Swann, the State of TN, the prosecutor, Leland Price, who seeks to
punish Ms. Smith, to look at the facts and the law, to see the fraud
that has been committed and correct it. TN has had a long, negative
history in The Children's Services area, we ask that you not allow
Bella to become another statistic.
Do not continue with this case,
allow Ms. Smith to regain the rightful custody of Bella, and return her
home, where she can be safe and loved, and most important, where she
wants to be. Little girls need their Mothers.
Regards,
Tell Congress to give equal benefits to the domestic partners of federal employees.
Michael Guest, a well-respected and committed public servant, had risen to a top position in the Foreign Service. The first openly gay American to be confirmed by the U.S. Senate as an overseas Ambassador, Guest left his prestigious post – and the career he loved – because of the State Department's second-class treatment of his partner.
Our nation has lost countless talented public servants like Michael because it doesn't give their same-sex partners equal benefits and protections.
But there's a bill in Congress that would help our government catch up to the private sector – and make sure GLBT Americans can serve their country proudly, at home and abroad.
For Michael Guest, it wasn't just the basic indignities, like the government's insistence that he and his partner pack for Romania in separate suitcases. The discrimination he experienced extended to graver matters: even in the immediate wake of 9/11, Guest's partner was unable to receive security training (to know how to recognize a terrorist threat or intelligence trap). Nor was he entitled to evacuation in the event of hostilities.
Upon his retirement from the Foreign Service in December, Michael lamented being forced to choose between his family and service to his country. "That anyone should have to make that choice," he said, "is a stain on...[our] leadership and a shame for this institution and our country."
Erasing that stain would be both the right thing and the smart thing to do. Nearly 10,000 private companies, including more than half of the Fortune 500, offer benefits to their employees' domestic partners. Because they know that it helps them compete for the most talented and qualified employees.
The business community gets it; why doesn't our government?
Tell your elected leaders that patriotic GLBT Americans demand no more for their families than the basic benefits and protections afforded to different-sex spouses.
Send a strong message to your lawmakers to support and co-sponsor the Domestic Partnership Benefits and Obligations Act. Your Members of Congress are federal employees too. Ask them if it would be fair if their families couldn't get basic benefits and protections.
Congress will respond once there is a groundswell of support. So spread the word. Tell your friends about this critically important bill, and ask them to join you in the fight for domestic partnership rights.
Warmly,
Joe Solmonese
President
P.S. Here's an update on Oklahoma lawmaker Sally Kern's anti-gay comments, which we told you about last week. More than 50,000 HRC supporters have written letters. Two rallies are planned for tomorrow. HRC has helped bring GLBT voices into the debate in the local media. And Rep. Kern still has not apologized. If you haven't yet, please take action and tell your friends – help us keep up the pressure!
Having trouble clicking on the links above? Simply copy and paste this URL into your browser's address bar to take action today: http://www.hrcactioncenter.org/campaign/fed_dp_benefits
The Department of Human Services (DHS) is struggling to accurately and timely identify who is qualified to receive assistance, costing the state millions in misspent assistance dollars and millions more in potential federal sanctions and lost incentives, said a report from Auditor General (OAG) Thomas McTavish released on Friday.
DHS, which is responsible for determining eligibility for cash, food assistance, childcare and Medicaid cases, didn't effectively catch or fix errors in determination in the four years reviewed by the audit, from October 2002 through November 2006, the audit said.
Among the chief finds of auditors was that DHS mistakenly sent out payments in fiscal year 2006-06 in 7.5 percent of cases, which the report attributed to ever increasing caseloads from workers.
Although DHS has made strides in its system, the error rate in Michigan in 2005-06 was still 1.5 percent higher than the federal government tolerates, opening the state to economic sanctions much like the $89 million the federal government initiated for the fiscal years 1995-02.
Not only is Michigan inaccurate in its approvals but it's slow, too, the report said.
Michigan ranks 45th in its turnaround time with 81 percent of clients receiving approvals within the 30 days required by the federal government. That compares to Massachusetts , which ranked first and informs nearly 99 percent of its clients about their case status within a month.
In order to progress further, DHS said, it needs more "resources," because, although officials agreed with many of the audit's suggestions, they can't comply with them without more funds.
Among the fixes the department said it would initiate with more money is a study of how many workers it needs to handle caseloads and what tasks could be done by other staff members to increase worker availability for clients.
With more than 75 percent of workers and 87 percent of managers reporting that caseloads are too high, the study will likely find that more staff is needed, but the department said it can't hire more workers without additional funding.
As usual, the Department immediately cries "We need more money! We need more staff!" They told the OAG they would use additional dollars to "do a study". In fact, the OAG said that "DHS did not conduct a workload analysis to determine optimal caseworker staffing levels" and not only did they not do that last year, they hadn't done it in 2001-02 after being told they should by the Auditor General. So now they say they will if we give them more money?
You may read the audit for yourself. Here is the link: http://audgen.michigan.gov/comprpt/docs/r431028505.pdf
Does DHS need more staff? Do they have too many managers and not enough case workers? It is hard to get those answers; the Department is not forthcoming. The bottom line is the Department of Human Services has been woefully inefficient and inept for years and it continues to be in spite of repeated Audit Reports reporting the problem and even suggesting the solution. This is a problem that cannot be fixed by the OAG and it cannot be fixed by the Legislature. It must be addressed by the "Executive". That's right folks; I am talking about the governor and her department heads.
I hate to sound like a broken record, but my Transparency bill, which would expose the entire state budget, including that of the DHS, to the sunshine for everyone to see and closely examine, would go a long way toward resolving many of these issues.
On March 12, 2008, a joint committee of the Legislature met to ask for answers from the Department. What was their answer? We need more staff. We need more time. We are implementing a new program in the NEXT TWO YEARS. Once we have that in place, it will be better.
Here is hoping that Director Ismael Ahmed, the recently appointed Director of DHS can effectively address the issue.
What is Going on in the House?
To keep abreast of
bills moving through the House of Representatives, check my blog. I will be
posting when the House is in session at www.CorePrinciples.blogspot.com
A great site a yahoo group friend sent me, hope its helpful and has always share the info.
http://www.centerforjudicialexcellence.org/home.htm
http://www.centerforjudicialexcellence.org/cjeresources.htm
Resources
Websites & Organizations
The following are a few great resources we've found that may be useful to judges, litigants & others interested in the legal process:
* California Courts Self Help Center
* Admin. Office of the Courts Temporary Judge Resource Page
* Hastings Law Library Research Guide - Judicial Directories (downloadable pdf)
* Information on California Appellate Judges from the California Courts Website
Self-Help Centers
The Legal Self-Help Center of Marin
30 N. San Pedro, Suite 160
San Rafael, CA
Phone: (415) 492-1111
Family & Children's Law Center
30 N. San Pedro Rd., Suite 245
San Rafael, CA 94903
Phone: (415) 492-9230
Fax: (415) 479-2553
Community-Based Organizations
Elder Financial Protection Network (EFPN)
1450 Grant Avenue, Suite 200
Novato, CA 94945
Phone: 415. 897-9555
Fax: 415.897.9393
Web: Elder Financial Protection Network
Email: info@bewiseonline.org
Institute on Aging - Marin County Offices
1005 A Street
Suite 207
San Rafael, CA 94901
Phone: 415-456-8692
Web: Institute on Aging
Email: info@ioaging.org
Marin Abused Women's Services
Women's English Hotline (415) 924-6616
Women's Spanish Hotline (415) 924-3456
Men's Hotline (415) 924-1070
Web: Marin Abused Women's Services
----------------------------------------------
If you have a problem with a case, judge or commissioner -- submit a complaint to:
State of California
Commission on Judicial Performance
455 Golden Gate Avenue, Suite 14400
San Francisco, CA 94102
Go to -- http://cjp.ca.gov/filingacomp.htm
for detailed instructions
Send a copy to:
Administrative Office of the Courts
455 Golden Gate Avenue
San Francisco, CA 94102-3688
Phone: 415-865-4200
Fax: (415) 479-3621
Email: lfoa@lfoa.org
Legal/Courts Organizations
Marin County Superior Court
Kim Turner, Court Executive Officer
3501 Civic Center Drive Room 116
San Rafael, CA 94903
Phone: (415) 473-6244
Web: Marin County Superior Court
Marin County Bar Association
Daniel Harris, President
(Jeff Lerman, President-Elect)
30 North San Pedro Rd., Suite 140
San Rafael, CA 94903
Phone: 415.499.1314
Web: Marin County Bar Association
Legal Aid of Marin
30 N. San Pedro Rd., Suite 220
San Rafael, CA 94903
Phone: (415) 492-0230
Fax: (415) 492-0947
Web: Legal Aid of Marin
Bay Area Legal Aid- Marin County Office
30 N. San Pedro Rd.,
San Rafael, CA 94903
Toll-Free Phone: (800) 551-5554
Phone: (415) 479-8224
Fax: (415) 479-8549
Web: Bay Area Legal Aid
Email: info@baylegal.org
Lawyers For One America
4136 Redwood Hwy Suite 9
San Rafael, CA 94903
Phone: (415) 479-3636
Web: Lawyers for One America
Additional Legal/Courts Organizations:
* Marin County Women Lawyers
* National Center for State Courts
* Administrative Office of the Courts
* CCC Justice - Contra Costa Courts Accountability Group
We are always growing our list of resources, please check back often!
336 Bon Air Road 447 - Greenbrae, CA 94904 - 415-267-6149 - Email CJE
