Monday, November 23, 2009

Justice Tartuffe and the Michigan Farce

At the beckoned request of Michigan, Michigan asked Michigan to do an analysis on how Michigan was doing.

If this sounds ridiculous, then you have just entered the Child Welfare System in Michigan. As this is extreme and emotionally harsh subject matter for most individuals, I shall attempt to keep it in the farcical manner in which it operates.

Justice Maura, "Tartuffe" Corrigan, according to her television campaign a few years back when she was seeking a second term as Chief Justice, designated herself as the one who should be thanked for all she had done for foster care and adoption in Michigan, (her words, not mine), has once again duped the general public in believing all is well in the judicial realms of the child welfare system.

The American Bar Association Center on Children and the Law for The Child Welfare Services Division of The Michigan State Court Administrative Offices published a report on the Legal Representation for Parents in Child Welfare Proceedings: A Performance Based Analysis of Michigan Practice, was requested by Justice Corrigan for the American Bar Association to partner with the State Court Administrative Office to generate the report, but how legitimate could it have been when there was a disclaimer on the first page that stated:

The views expressed herein have not been approved by the House of Delegates or the Board of Governors of the American Bar Association, and, accordingly should not be construed as representing the policy of the American Bar Association.

I shall assume the views were those who wish to keep their licenses to practice law in Michigan.

The report did have some positive recommendations to improve the system such has notifying the parents of the court date before the court date.

The report addressed the bias of low survey response rates, but who the hell wants to fill out a survey when your parental rights are about to be terminated?

The survey was constructed with Occar's razor, when it reached the point where it states, "if you have not had counsel, please stop here." It would not behoove the respondents to continue detailing Constitutional violations at this juncture. Interestingly enough, there were termination of parental rights where the parents had no legal representation. Perhaps, the persons who generated the analysis did not think anyone would pay attention to it because the report was never approved by the American Bar Association.

In Wayne County, how is it one can get competent counsel to aggressively advocate for the parents, when the state has brought forth fraudulent allegations of abuse and neglect? The state, represented by the Attorney General, prosecutes the case, and in the same breath, provides for the appointment of legal counsel for the parents, sometimes. Better yet, if a parent is successful in having the case dismissed after being maliciously prosecuted, how can that parent seek legal remedy when legal aid is funded by the state?

If the parents are affluent enough to retain legal counsel, then how would they qualify to have a child placed in foster care when it is an entitlement program where one must meet the poverty means test?

Or should we ask what Michigan licensed attorney in his/her right mind would jeopardize a legal career by prosecuting state funded actors who perpetually engage in Medicaid fraud in Michigan Child Welfare in a Michigan Court?

Maybe we could wonder why the State Court Administrative Office has never found recent junior college attendees to put together training to refer suspected cases of Medicaid fraud in Child Welfare to the Attorney General Medicaid Fraud Claims Unit that Attorney General Mike Cox wants to create.

Then again, we could consider the Auditor General reports to be just a farce.

Perhaps we should all ask Tartuffe, then sit back and wait to laugh.

Michigan Parent Representation Report

No comments: