10 posts tagged “knox county juvenile court”
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
| Supreme Court of Tennessee | www.tsc.state.tn.us/geninfo/Bio/Supreme/Biosc.htm |
| Tennessee Court of Appeals | www.tsc.state.tn.us/geninfo/Bio/Appeals/Biotca.htm |
| Tennessee Court of Criminal Appeals | www.tsc.state.tn.us/geninfo/Bio/CrimAppeals/Biocca.htm |
| Tennessee Appellate Courts Info Page | www.tsc.state.tn.us/geninfo/courts/AppellateCourts.htm |
| Trial Court Clerk Info by County | www.tsc.state.tn.us/geninfo/help/selfhelp.htm |
| Local Rules by Judicial District | www.tsc.state.tn.us/geninfo/Courts/LocalRules/LocalRules.htm |
Ok friends, Court date has been reset again. Looks like I am going to go at it alone, Forgive me if I dont say too much, snoops you know?
I
am trying to get publicity, so these people know others are watching. I
guess you can say Im going to step out there and do the damn thing.
Hopefully, I will get Bella home and set out a format others can use to
get their kids. I think we have been going about this the wrong way. We
are disjointed and separated, we need to all be together, signing
petitions, making calls, and writing local media of each person that is
involved. What I am saying is instead of just talking and supporting
each other on here, we need to share info and work together, a few
cases at a time. Depending on who has what going on in theior court
cases. Sound good? and I mean this, if you aren't going to work to help
another in the group dont bother, some will need to write letters, some
can look up info, laws or adddresses to each States media and elected
officials to contact.
Whadda ya say are you in?
Contact me and say it "IM IN" and lets get to work.
first off here is a link o our local news station, Bellas picture is there, I suggest you do the same in your local media, I want everyone to go there and post a comment about the "system". Eventually they will see all the hits and do a story.
http://knoxville.wate.com/gallery/displayimage.php?album=lastup&cat=0&pos=7
you have to register, but its quick. The good thing is TN is having alot of trouble with CPS and we need to strike while its hot, cause its cooling FAST.
Second, the petition is reopened, so if you have signed it, your job is to post it 2 other places.
http://www.thepetitionsite.com/5/in-support-of-lisa-and-bella-smith-2
I also suggest you go here and write your own petition, if you need help holler.
They are effective if you get them signed and keep them updated, Name names in them, be specific,
http://www.thepetitionsite.com/
Ok that it, this shit is serious, if you want help then you have to help others, we can do this together.
ps
feel free to copy and or share anything I post.
Published on February 14, 2008 by New York Law Journal
MySpace 'Friend Request' Could Violate Protection Order
by Mark Fass
In a case of apparent first impression, a Staten Island, N.Y., judge has ruled that a MySpace "friend request" can constitute a violation of a temporary order of protection.
"While it is true that the person who received the 'friend request' could simply deny the request to become 'friends,' that request was still a contact, and 'no contact' was allowed by the order of protection," Criminal Court Judge Matthew A. Sciarrino Jr. wrote in People v. Fernino , 07RI007322. "It is no different than if the defendant arranged for any agent to make known to a claimant, 'Your former friend wants to communicate with you. Are you interested?'"
The underlying conflict between the defendant, Melissa Fernino, 16, and the three victims, Sandra Delgrosso, 43, and her two minor daughters, stemmed from a romantic relationship between Delgrosso and Fernino's father, according to a law enforcement official familiar with the case.
Staten Island Family Court Judge Terrence J. McElrath issued orders of protection barring Fernino from contacting Delgrosso or her daughters.
Shortly thereafter, on July 26, 2007, Fernino allegedly sent separate friend requests to Delgrosso and both of her daughters via the popular social networking site MySpace.
In his four-page decision, Sciarrino described the usages of MySpace's "friend request" feature.
"If a person establishes an account from MySpace, she may receive and send messages from the Mail Center Friend Request Manager," the judge wrote. "Upon receiving such a message, the recipient could choose to do nothing, indicate that she approves of communication with the potential friend and create an opportunity for further communication by choosing 'Approve,' signal that she does not want immediate communication by choosing 'Deny,' or block immediate and future communications with the potential friend by choosing 'Spam'."
According to the decision, Delgrosso and her daughters chose a fifth option -- they reported the request to the police. Fernino was charged with three counts of second-degree criminal contempt for allegedly violating the orders of protection.
Fernino moved to dismiss the charges, arguing that the allegations, even if true, did not support the charges.
In a decision handed down Wednesday, Sciarrino denied Fernino's motion to dismiss, allowing the charges against her to move forward. He ordered a status conference for this afternoon.
The judge likened the case to another conflict in which the defendant indirectly contacted the victim. In the 1994 Appellate Division, 3rd Department, case People v. Johnson, 208 AD2d 1051, the defendant violated his probation by answering a personal ad with a letter purportedly signed by the victim, which resulted in an "unsolicited" communication to the victim from the person who placed the ad.
"In this case, the defendant used MySpace as a conduit for communication prohibited by the temporary order of protection issued by the Family Court," Sciarrino held. The MySpace Friend Requests fall within the court's mandate that, "Respondent shall have 'no contact' with Sandra Delgrosso."
Staten Island Assistant District Attorney Joseph Griffin is overseeing Fernino's prosecution. A spokesman for the district attorney's office said, "We're grateful that the judge recognized our contention that these MySpace.com e-mails allegedly sent by Fernino constituted a violation of the order of protection."
Victoria Navarro of Battiste, Aronowsky & Suchow on Staten Island represented Fernino. She did not return a call seeking comment.
We only have 175 signatures to go, thank you all so much. I was so surprised to see people from Australia, Germany, Portugal, and even Canada have taken a minute for this important cause, You guys are wonderful. What a great Valentines day gift it would be to have my baby returned.We don't have much time left, this petition will be submitted with court documents. These documents will be ready today or tomorrow, so please keep spreading the word.
http://www.thepetitionsite.com/5/in-support-of-lisa-and-bella-smith-2#signatures
Thank You friends,
BellasMom06
Judicial discipline in 2007
In 2007, as a result of state judicial discipline proceedings, nine judges were removed from office (including one former judge). Six judges resigned or retired in lieu of discipline pursuant to agreements with judicial commissions that were made public. 104 additional judges (or former judges in approximately 15 cases) were publicly sanctioned in 2007. In 42 of those cases, the discipline was imposed pursuant to the consent of the judge. (These figures do not include pending recommendations or decisions pending on appeal.)
There were 19 suspensions without pay, ranging from one week to 18 months (with six months stayed with conditions); one suspension also included a public reprimand and $1000 fine; one also included a public reprimand and $1500 fine. In addition, there were 24 public censures; 22 public admonishments; 30 public reprimands (one reprimand also included a $500 fine, one also included a $3500 civil penalty); two cease and desist orders; three attorney discipline cases involving former judges for conduct as judges; and four other public dispositions (a private reprimand that was made public and three cases in which misconduct was found or stipulated to but no sanction was imposed).
The 2007 cases illustrate the variety of misconduct, both on and off the bench, for which judges may be sanctioned. As in other years, many cases involved discourteous demeanor in the courtroom, such as becoming angry with a litigant, treating attorneys in a sarcastic and belittling manner, using religious and ethnic slurs, and abusing the contempt power. Delay, administrative failures, and offensive language in dealing with staff also resulted in discipline for several judges. As always, ex parte communications (independent investigations or conversations with parties, attorneys, an Army recruiter, an arresting officer, witnesses, a landlord, or defendants’ relatives, for example) and failure to disqualify (from cases involving a judge’s attorney, a neighbor with whom the judge had poor relationship, or relatives, for example) also formed the basis for judicial discipline sanctions for several judges. Eight judges were sanctioned following driving while intoxicated offenses, while four former judges were disciplined based on criminal convictions for domestic violence, tampering with a utility company meter, failing to file federal income tax returns, or common law misconduct in office.
As usual, judges’ failure to resist the temptation to assist friends and relatives by using the power or prestige of office to fix tickets or ask for leniency from police, prosecutors, and other judges resulted in numerous sanctions in 2007. Less typical conduct sanctioned in 2007 included, by different judges, pushing counsel; assaulting an off-duty police officer and verbally abusing the officer’s wife; pursuing a defendant who had fled from the courtroom; telephoning a defendant’s alleged drug dealer in open court; directing a mother in a custody case to lower her pants in the courtroom to view a wound; approving a plea agreement that sent a defendant to another state; and having a domestic violence victim’s facial injuries photographed. Charitable fund-raising in the courthouse, including direct solicitation of attorneys, and an adulterous affair, including sexual intercourse in the courthouse, also led to discipline of two judges in 2007.
Many cases involved egregious handling of cases or a pattern of abuse of discretion, for example, issuing judgments without conducting a hearing or providing for service of process; finding unrepresented defendants had violated their probation without following due process requirements; increasing or threatening to increase defendants’ sentences for asking questions or offering defenses; informing unrepresented defendants at arraignment that their only choices were to plead guilty or accept diversion; failing to advise criminal defendants of constitutional and procedural rights; failing to accept guilty pleas in accordance with court rules; and following a practice that appeared to coerce criminal defendants to waive their right to jury trial. In many cases, the judge’s misconduct was exacerbated by failure to respond to inquiries by the conduct commission, making false or misleading statements to the commission, retaliating against the complainant, or attempting to influence the testimony of a witness.
The Judicial Conduct Reporter, a quarterly published by the Center for Judicial Ethics, reports developments in judicial discipline, tracks changes in codes of conduct, and analyzes recent decisions and advisory opinions. The fall 2007 issue has articles on campaign supporters and disqualification, the judicial accountability system in Bosnia and Herzegovina, developments following Republican Party of Minnesota v. White, and assessing complaints about judicial conduct and summaries of recent advisory opinions on teaching by judges. An annual subscription costs $32 ($36 foreign). A single issue of the Reporter may be ordered for $9 ($10 foreign) plus postage and handling.
AJS and Center publications can be ordered on-line at www.ajs.org. Click here for more information.
Dated January 23, 2008
Click here to go back to the previous articles page.
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| Written by The Indiana Gazette | |
| Sunday, 27 January 2008 | |
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Information for this column is provided by the Indiana County Department of Human Services.ANNOUNCEMENTS * Aging Services, Inc. will have a Groundhog Day Breakfast from 8 to 11 a.m. Saturday at Mahoning Hills Social Center, Route 119 North near Punxsutawney. The breakfast is open to the public at a cost of $3.50. * Indiana County Community Action Program is offering VITA, a Volunteer Income Tax Assistance program. This program provides free Income Tax services to eligible low-income families in Indiana County. For more information and to make an appointment, please contact Arlene Anderson at (724) 465-2657, ext. 207, or Diane Reese-Walters at (724) 465-2657, ext. 212. * Katie's Closet provides free clothing for adults and children from 9 to 11 a.m. Mondays upstairs at Zion Lutheran Church, Church and Sixth streets, Indiana. * Kids Night Out, hosted by IUP Track and Field, will be offered from 6:30 to 9:30 p.m. Friday and Feb. 8 at Memorial Field House Auxiliary Gym, Indiana University of Pennsylvania campus. Enjoy a night out while the IUP Track and Field Team watches and entertains your children ages 5 to 14. Cost is $10 for three hours. For more information, call Ralph White, coach, at (724) 357-2464. * Kiwanis Baby Cupboard and Indiana County Community Action Inc. are offering to provide diapers at $2 a pack (four packages a month in medium, large and extra large) to qualifying county families with an income lower than 150 percent of the federal poverty guideline. Call Arlene Anderson, AmeriCorps Vista volunteer, at (724) 465-2657, ext. 211, for more information and/or to register. Diapers will be distributed at the ICCAP food bank at 1849 South Sixth St., Indiana. * Special Needs Activity Program is a physical fitness, motor development and aquatics program specifically designed for individuals with disabilities through IUP. The program currently serves individuals of all ages and abilities from the Indiana area and surrounding communities. The SNAP program is sponsored by the Department of Health and Physical Education and is a required practicum experience for all HPED students. The program runs from 9 a.m. to 11 a.m. Saturdays in Zink Hall on the following dates: Feb. 2, 9, 16, 23; March 1, 29, and April 5. Volunteers are welcome and hours can be documented upon request. For more information or to register, call David Lorenzi at (724) 357-4415 or e-mail David.Lorenzi@iup.edu This email address is being protected from spam bots, you need Javascript enabled to view it . CLASSES* Arthritis Foundation Exercise Program is a group program designed specifically for people with arthritis to help increase joint flexibility and range of motion. The group meets Tuesdays and Fridays. For more information, call Indiana Regional Medical Center at (724) 357-8088. * Breastfeeding is Best teaches about feeding your baby, pumping and storing milk from 9 a.m. to noon Saturday at IRMC Outpatient Building. For more information, call (724) 357-8088. * Childbirth/Infant Care classes are available through Excela Health. A variety of classes include Car Seat Safety, Getting Ready for Baby, Breastfeeding Basics, Infant Massage, Prepared Childbirth and Lamaze. Class times and locations vary. For more information, call (877) 771-1234. * CPR Classes are available through Armstrong County Memorial Hospital. Participants will receive basic instruction in one-person adult and child CPR as well as choking intervention instructions. The class is designed for the layperson. For more information, call (724) 543-8473. * Disaster Mental Health Services: An Overview, helps participants understand the function within the American Red Cross Disaster Services program. Participants will learn how DMHS supports disaster relief workers and people affected by disasters. For more information, call the Indiana Chapter at (724) 465-5678. * Eat Well for Life is a four-week lifestyle improvement program promoting wellness and long-term weight management through balanced nutrition, cooking demonstrations and other hands-on experiences. For more information, call Excela Health at (877) 771-1234. * Healthy Moves is a supervised, structured exercise program for inactive adults or those at risk for health problems. Any adult who wishes to improve their fitness level can attend. For more information, call IRMC at (724) 357-8088. * Infant/Child CPR and First Aid classes teach "loving touch" techniques through American Red Cross. A fee is charged. For more information, call the Indiana Chapter at (724) 465-5678. * Introduction to Disaster classes teach how the American Red Cross fits in when there is a disaster and how you can help your community. For more information, call the Indiana Chapter at (724) 465-5678. * Logistics: Disaster Preparedness Training, is a study of providing the support services for a disaster relief operation including transportation, facilities and supplies through the American Red Cross. For more information, call the Indiana Chapter at (724) 465-5678. * Mass Care Overview, through American Red Cross, teaches about helping to care for victims who are displaced from their residence during a disaster. For more information, call the Indiana Chapter at (724) 465-5678. * Ornish Advantage teaches how to prevent heart disease and improve health by a six-week program focusing on nutrition, stress management, exercise, nutrition and group support. For more information, call Excela Health at (877) 771-1234. * Prenatal Aquatic Exercise classes allow pregnant women to keep up their fitness levels while expecting. For more information, call the Indiana County YMCA at (724) 463-9622. * Preschool and Progressive Swim Classes are held in 7-week sessions at the Indiana County YMCA. Preschool classes are for children ages 6 months to 5 years. Progressive classes are for children ages 6 years and older. Enrollment is limited. For more information, call (724) 463-9622. * Ready to Quit is a seven-week smoking cessation course for those who have resolved to quit smoking. Scholarships are available for pregnant women. The class costs $25, and some costs may be covered by insurance. For more information, call (877) 771-1234. * Survey/Damage Assessment teaches how to make assessment of damage to homes and areas affected by disaster. Participants must have attended the Introduction to Disaster class prior to this training. For more information, call the American Red Cross, Indiana Chapter, at (724) 465-5678. * Toddler Time, offered by Armstrong-Indiana Intermediate Unit 28's Family Focus Program, is a class for children ages 1 to 3 years old. For more information, call (724) 463-5300, ext. 1234. * Water Exercise Classes are available at the Indiana County YMCA. Classes include Arthritis, Swimnastics and Aqua Aerobics. The 7-week sessions are excellent for individuals with joint problems and/or those who cannot exercise on land. Non-swimmers are welcome. For more information, call Adam Weiss at (724) 463-9622. * Working with Total Diversity teaches how to assist service providers in providing the needs of the changing populations in the communities served and how to overcome prejudices and stereotypes within the communities. For more information, call the American Red Cross, Indiana Chapter, at (724) 465-5678. FAMILY SUPPORT GROUPS* Alcoholics Anonymous meets at 6:30 p.m. every Wednesday at Room 306, Pratt Hall, Indiana University of Pennsylvania; 8 p.m. every Thursday at Calvary Presbyterian Church, Indiana; and 8 p.m. every Friday at Marion Center Presbyterian Church. * Diabetes Support Group at IRMC provides a dietician and clinical nurse specialists to help people with diabetes develop and practice self-management. For more information, call (724) 357-8088. * Family Caregivers Support Group meets at 2 p.m. Wednesday at Aging Services Community Center, Indiana, with a special focus placed on Alzheimer's Care. For more information, call (724) 349-4500. * HIV/AIDS Support Group meets twice per month through UPMC Lee Regional Community Care Management. This group is intended for people living with HIV/AIDS. All support group meetings are facilitated by a social worker. For more information, call (814) 534-6732 or (866) 429-1583. * ICD Support Group is for those with an implantable cardiac defibrillator and their support persons. For more information, call Excela Health at (877-771-1234. * IRMC's Breast Cancer Support Group is for individuals who have had breast cancer. The group generally meets at 6:30 p.m. the last Thursday of the month. For more information, call (724) 357-8088. * La Leche League provides mother-to-mother information and support for those planning to breastfeed or currently breastfeeding. The group meets at 10 a.m. Wednesday at IRMC Outpatient Building, Classrooms A&B. For more information or 24-hour support, call (724) 463-4661 or (724) 463-9890. * Moms Offering Moms Support Club is an international support group for stay-at-home parents. For more information, call Amy at (724) 465-0770, Stephanie at (724) 463-1453 or e-mail momsclubofindiana@yahoo.com This email address is being protected from spam bots, you need Javascript enabled to view it . * PFLAG, or Parents, Families and Friends of Lesbians and Gays, have local chapters of a national organization to provide safe dialogue about sexual orientation and gender identity. The group seeks to replace negativity with accurate and positive information and support. For more information, contact the Indiana chapter at (724) 357-8309 or e-mail pflagindiana@adelphia.net. This email address is being protected from spam bots, you need Javascript enabled to view it * Post-Partum Depression classes are for natural and adoptive parents experiencing depression following the introduction of the new infant into the family. Dates and locations vary. For more information, call Excela Health at (877) 771-1234. * Reach to Recovery provides newly diagnosed breast cancer patients with support, information and resources through visits and conversations with trained breast cancer survivors. For more information, call (800) 227-2345. * US Too Prostate Cancer Support Group meets from 7 to 9 p.m. Thursday at Excela Health Westmoreland Regional Hospital. For more information, call (877) 771-1234. GRIEF SUPPORT* Bence Mihalcik Funeral Home offers a support group and a bereavement lending library with booklets, videos, etc. For information, call (724) 349-2000. * Bereavement Support, Catholic Charities. Meetings vary based on need. Call (724) 463-8806 for information. * Bowser-Minich Bereavement Support Services, (724) 349-3100 or (888) 923-5550. Offers lectures and grief seminars to public groups. * Curran Funeral Home Grief Support Group, 701 Salt St., Saltsburg. Call (724) 639-3911 for dates, times and location. * GriefShare is a special seminar/support group for people grieving the death of someone close. Registration is required, and sessions are in the fall and spring at Graystone Presbyterian Church, Indiana. For more information, call (724) 349-5556. * Grief Support Groups, through Excela Health, offer a six-week series held Tuesdays at various locations. For more information, call (877) 771-1234. * Help to Heal is an adult and child grief support group that meets twice per month. Registration is requested. For more information, call Excela Health at (877) 771-1234. * Highmark Caring Place, through the Caring Foundation for Children, Pittsburgh, offers support groups weekly or biweekly for grieving children, adolescents and families. For more information, call (888) 224-4673. * Mourning Has Broken is a grief support group for grieving partners and spouses. For information or support, call (724) 349-5677 or visit mourninghasbroken.org. * Richard Shoemaker Funeral Home Support Group, Blairsville, (724) 459-9115; information and support offered by phone.
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