Showing posts with label State Court Administrative Offices. Show all posts
Showing posts with label State Court Administrative Offices. Show all posts

Wednesday, May 25, 2011

SCOTUS Continues To Strip Whistleblowers of Whistles

The relator approaches the court, on behalf of the United States, on a mission, fearful of those horrible tales of loosing every chance of hope of being made whole again.  Out of the darkness of the legal forest, lurking, are the public disclosure bars of "persons, administrative, reports". Oh my.



At any time, the Court will crush you using one of these "interpretive buttresses" snatched off the Magna Carta, to beat you down and make you and your children go back to the fields and pick tomatoes and lettuce.  (Well, that is the goal once all the anchor babies are cleaned out of the country to give these great jobs to hard working, cheaper laboring American children.)


First the Supreme Court of the United States (SCOTUS) says, "Even though all the other laws say a State is a person, we don't think so when it comes to States allowing federal programs to be ripped off under the False Claims Act because it would be too embarrassing for the us because we allowed the States to do whatever they wanted when we give them money, and besides, the States never had to be held to fraud standards before in federal contracts and the Congress was never clear in its intent for the States to be considered as 'persons'."

How dare some average person dare think they have the entitlement right to challenge us!  We are the great Supreme Court of the United States!  Poor people have no rights and definitely no right to sue and get rich.

SCOTUS False Claims Act Opinion of Justice Scalia

There was a lone dissent which believed States were intended by the Congress to be considered as "persons".
SCOTUS Stevens False Claims Act Dissent in Vermont Agency of Natural Resources v. U.S. ex rel. Stevensre

Then came another shaving of the qui tam when SCOTUS decided anything "administrative" fell under the "public disclosure bar" meaning any state or federal report, hearing, audit, or anything else as such are not allowed to be used by an original source.
Supreme Court of the United States GRAHAM COUNTY SOIL AND WATER CONSERVATION DISTRICT et al., Petitioners...

But wait, SCOTUS, as well as those whose corporations make substantial killings, literally, bilking Medicaid in child welfare, decided that anything requested through a Freedom of Information of Act request falls under the "public disclosure bar".

Let's pretend this actually happened:

I walk into the residential institution where my child incarcerated after being ripped from his bed in the middle of the night for no reason beyond child protective services and the police going to the wrong address, is being tortured and, with a fake smile I politely ask for his IEP.  They hand it to me and it states he is considered "ineligible" for special needs, institutionalization and does not need medication, yet he is locked up in solitary confinement, beaten, raped, tortured, drugged suffering multiple heart attacks, tardive dyskensia, attempted suicides, surviving from meals of dried bread and potatoes with no heat in the winter or air conditioning in the summer, with different dates of birth on the court reports submitted to the court because my child was under aged for the facility.

Then, I go the office of the clerk of the court and pull his child protective services case and find out they fabricated a story of a car crash that never took place and had a duplicate fake case as a juvenile delinquent and were not just double billing, but billing me as a juvenile delinquent, also.

So I go and file a FCA and the court says: "So sorry, those are public docs and therefore, the States can do whatever the fuck they want to do and there is nothing that will ever be done because we only cater to the rich."

Let's keep pretending this did not happen, either.
Supreme Court of the United States SCHINDLER ELEVATOR CORPORATION, Petitioner, v. UNITED STATES ex rel. Dan...


Being a whistleblower and reporting fraud is a right of free speech.  Verifying it through FOIA requests makes an original source the subject matter expert.  I dare anyone to challenge, publicly of course, my expertise in child welfare fraud, even SCOTUS.

Monday, August 23, 2010

NCSC Inclusive Omissions of Child Welfare Fraud

National Center for State Courts (NCSC) Adoption/Termination of Parental Rights Resource Guide Which Includes Omissions of Any Reference to Fraud, Waste and Abuse in Child Welfare Services

This is a complete reference guide to avoid federal grant compliance, assurances for referral of violations of law to state prosecutorial authorities, how not to contractually debar child placing agencies engaged in questionable activities, and denial of Medicaid fraud in juvenile, pediatric and child welfare services.

This is not propaganda, it is the oxymoron of "inclusive omissions" of child welfare fraud.

"If you do not report it, it will not exist."


Adoption Agencies and Organizations
Child Welfare League of America. (1). CWLA is the oldest and largest nonprofit association assisting abused and neglected children and their families.

Children`s Bureau. (1). The Children’s Bureau (CB) is the oldest federal agency for children and is located within the U.S. Department of Health and Human Services' Administration for Children and Families, Administration on Children, Youth and Families. It is responsible for assisting states in the delivery of child welfare services to protect children and strengthen families. It also provides fact sheets and information on laws, policies, programs, and initiatives concerning adoptions.

Evan B. Donaldson Adoption Institute. (1). The Evan B. Donaldson Adoption Institute is one of the preeminent policy, research, and education organizations in its field. Its mission is to improve policies, practices, laws, and attitudes to benefit everyone touched by adoption, especially children. The Adoption Institute has long been a source of accurate, unbiased information for journalists, researchers, and professionals. The institute’s newsletter keeps up-to-date information on changes in the laws that affect adoptions. Back issues are available free online. Their site also has great links to data and statistics on adoption.

National Adoption Center. (1). Provides general information about adoptions and also features FACES, which provides bios and pictures on children in need of an adoptive family.

National Council for Adoption. (1). The NCFA provides general information on adoption, as well as some guidelines for approaching the decision to adopt and taking the first steps. They also provide contact information to adoption agencies and attorneys and an overview of the adoption process.

National Foster Care and Adoption Directory. (1). The National Adoption Information Clearinghouse provides a searchable database for information on adoption agencies, recruitment lines, state officials, support groups, and statewide services for all 50 states.

NCFA List of Adoption Agencies. (1). All adoption agencies listed on the NCFA Web page are official members of NCFA and have met certain criteria for membership. However, it is not an exhaustive list. NCFA also provides contact information for qualified attorneys who are official members of NCFA and have met certain membership requirements. There is also a list of various publications and literature to help further education on adoption. Some of the publications listed are produced directly by NCFA.

North American Council on Adoptable Children. (1). NACAC provides information on how to adopt, recruit adoptive families, and get support after adopting, as well as information on transracial parenting.

The American Academy of Adoption Attorneys . (1). The American Academy of Adoption Attorneys is a national association of attorneys who practice, or have otherwise distinguished themselves, in the field of adoption law.

Adoption Law
Adoption Laws. (1). The National Adoption Information Clearinghouse provides information on laws governing the entire adoption process. It also provides state-specific information for each portion of the adoption process.

Golden, Olivia et al. Intentions and Results: A Look Back at the Adoption and Safe Families Act. Urban Institute (December 2009). The Center for the Study of Social Policy (CSSP) in partnership with the Urban Institute co-sponsored this series of papers to examine effects of the ASFA law and its implementation.

The National Center for Adoption Law and Policy at Capital University Law School. (1). The National Center for Adoption Law and Policy seeks to improve the law, policies, and practices associated with child protection and adoption systems. Their goal is that all children—especially those who have been abused or neglected or are dependent on the state for their care—have safe, healthy, permanent homes.

Kochanska, Ewa The nation`s first embryo adoption bill passed Georgia Senate. The Examiner: Atlanta, GA (April 2009). The Option of Adoption Act (HB388) is the first statute in the United States to provide a legal framework for the “adoption” of embryos by providing the option to obtain a court approval for the procedure as well as clarifying the rights of genetic donors and adoptive parents.

Information and Statistics on Adoption
Adoption and Foster Care Analysis and Reporting System . (1). The Children's Bureau provides access to recent data from AFCARS, which collects information on all children in foster care or adopted children for whom the state child welfare agency has responsibility.

Vandivere, Sharon, Karin Malm and Laura Radel Adoption USA: A Chartbook Based on the 2007 National Survey of Adoptive Parents . U.S. Department of Health and Human Services (2009). This report summarizes the first-ever survey to provide representative information about the characteristics, adoption experiences, and well-being of adopted children and their families in the United States.

California Child and Family Services. (1). Provides detailed information and statistics on adoptions in California.

Child Welfare Information Gateway Adoption Statistics. (1). These resources provide State, national, and international data and statistics on private, public foster care, and intercountry adoption. Research findings present trends and analyses in the field of adoption.

Child Welfare Information Gateway`s Filing Trends. www.childwelfare.gov (1). Factsheets focusing on statistical research

Macomber, Jennifer Ehrle et al. Foster Care Adoption in the United States: A State-by State Analysis of Barriers & Promising Approaches. Washington, D.C.: The Urban Institute (2004). This report summarizes information gathered from states' Child and Family Services Reviews and provides a national overview of the barriers and promising approaches to the adoption process.

Flango, Victor and Carol Flango How Many Children Were Adopted in 1992?. Child Welfare vol. 74 (1995). This article presents the most recent and most accurate information available on the total number of adoptions in the United States in 1992.

National Data Analysis System (NDAS). (1). The Child Welfare League of America's National Data Analysis System provides information on child abuse and neglect, out-of-home care, adoption, and fiscal and administrative data. Includes the number of children legally adopted through public agencies and the number waiting for adoption. Users should use guest as the name and password for access to the site.

New York State Citizens` Coalition for Children, Inc. (1). Provides detailed information on adoption, foster care, child advocacy, and children's rights.

Oregon Department of Human Services-Adoption. (1). Provides detailed information and statistics about adoption in Oregon.

Trends in Foster Care and Adoption FY2002-FY2007. AFCARS, U.S. Childrens Bureau, Administration for Children, Youth and Families (September 2008). Graphically represented national estimates of foster care and adoption population characteristics.

Testa, Mark F. When Children Cannot Return Home: Adoption and Guardianship. Children, Families, and Foster Care 14, no. 1 (Winter 2004).

International Adoptions
Joint Council on International Children`s Services. (1). The council advocates on behalf of children in need of permanent families by promoting ethical practices in intercountry adoption.

U.S. Embassy in Guatemala Uses DNA Testing to Protect Its Adopted Children. U.S. Department of State (August 2007). To protect Guatemalan children from being put up for adoption by people other than their parents, the U.S. Department of State has implemented a DNA-testing program. The adults placing the children up for adoption will be tested see if their DNA matches that of the children.

U.S. State Department, Office of Children`s Issues--Intercountry Adoptions. (1). The process of adopting a foreign child and bringing that child into the United States involves several steps. Information regarding the process can be obtained directly from this site.

Safe Haven Laws
Alaska, Nebraska Become 49th and 50th States to Enact Safe Haven Laws. National Council For Adoption (NCFA) (February 2008). This NCFA media advisory on safe haven laws notes that Alaska and Nebraska are the 49th & 50th states to adopt safe haven laws.

Gov. Heineman Signs Safe Haven Update into Law. Communications Office of Governor Dave Heineman (November 2008). This updated version of Nebraska’s safe haven law sets an age limit of 30 days for legally surrendering a child.

Infant Abandonment. Guttmacher Institute (February 2010). This policy brief reviews safe haven laws in the fifty states and the District of Columbia.

Infant Safe Haven Laws. Child Welfare Information Gateway (July 2007). This site provides information on state statutes on safe haven laws as of July 2007. (Note several states have added or changed safe haven laws since that time).

Safe Haven Law. Nebraska Department of Health and Human Services (DHHS) (2008). This Nebraska DHSS site provides information on the original safe haven legislation which led to 36 children being surrendered to the department between September and November of 2008. A list of cases with the ages of the children (most of whom were over age 10 and 6 of whom were from other states) is provided.

The Child Welfare Leagues` Baby Abandonment Page. (1). This page provides information on baby abandonment, including state-specific information on legislation and a summary and monograph concerning baby abandonment and safe haven laws.

Special Needs Children Family Assistance
Military Families and Adoption: A Fact Sheet for Families. Fact Sheet, Child Welfare Information Gateway, Washington, D.C. (2003). Common questions about adoption of children by military personnel and their families are addressed in this fact sheet.

National Organization on Fetal Alcohol Syndrome. (1). Protecting children and families by fighting the leading known cause of mental retardation and birth defects.

National Resource Center for Special Needs Adoptions. (1). Produces a weekly newsletter, the Roundtable, that is available online.

Post-Legal Adoption Services for Children with Special Needs and Their Families : Challenges and Lessons Learned. Fact Sheet, Child Welfare Information Network, Washington, D.C. (2005).

Spaulding for Children. (1). A National Resource Center (NRC) for special needs adoption, Spaulding's NRC provides training, consultation, and information for professionals, organizations, and parents.

Termination of Parental Rights
Szymanski, Linda A. Jury Trial in Termination of Parental Rights Cases. National Center for Juvenile Justice (2008). This NCJJ Snapshot provides an overview of how states address the issue of jury trials in termination of parental rights cases.

National Project to Improve Representation for Parents Involved in the Child Welfare System. ABA Center on Children and the Law (1). This collaborative project provides resources and training to improve parent representation in child welfare cases.

Ellis, Raquel, Karin Malm, and Erin Biship The Timing of Terminations of Parental Rights: A Balancing Act for Children`s Best Interests. Child Trends (September 2009). A sample of 20 judges representing 18 different states participated in telephone interviews to explore their perspectives and experiences around termination of parental rights proceedings and the challeges faced when making decisions in these cases.

Table of Appeals of Termination of Parental Rights Cases. Virginia Court Improvement Program, Office of the Executive Secretary, Supreme Court of Virginia (2010). This table provides a list of termination of parental rights cases appealed to the Supreme Court of Virginia and the Court of Appeals of Virginia since January 1, 1996 that were decided by opinion. The editors of this document arranged the cases into fourteen categories based on their characterization of the legal and factual issues involved.

Child Welfare Handbook: Effect of Parental Rights Termination. New Mexico Judicial Education Center (2007). This Handbook provides guidelines and general explanations for the processes surrounding the termination of parental rights in New Mexico.

Termination of Parental Rights . Sacramento County Public Law Library (1). Library web page with information on Termination of Parental rights in California. Includes the following language: Termination of parental rights IS NOT granted by the courts on request or by mutual agreement of the parents as a means of solving visitation or support disputes.

Maryland CINA, related TPR and Adoption Matters. Best Practices Manual. Foster Care Improvement Project (January 2007). This document provides standards for child welfare hearings for the Maryland courts.

Termination of Parental Rights. Child Welfare Information Gateway, U.S. Department of Health and Human Services, Administration for Children and Families (1). This website provides guidelines with commentary for the termination of parental rights.

NCSC Library Material
Adoption and Permanency Guidelines: Improving Court Practice in Child Abuse and Neglect Cases. Reno, NV: National Council of Juvenile and Family Court Judges (2000). This guidebook sets forth the essential elements of best practices that lead to a permanent home for children who cannot be reunified with their families. The guidelines describe each step between the point at which the court determines reunification is not an option and the point at which the juvenile and family court is no longer involved in the case because the child has achieved permanence in a new home. Topics include permanency planning, the permanency hearing, termination of parental rights, and the appeals process. (KF9323 .A93)

Marshner, Connaught and William L. Pierce. Adoption Factbook III. Waite Park, MN: Park Press Quality Printing, Inc. (1999). This book is a comprehensive study of adoption, including national and state statistics. (HV875 .A3 1999)

Boyd, Diana. Court Improvement Progress Reports. Washington, DC: Center on Children and the Law, American Bar Association (1). These reports describe the current progress of the federally funded state Court Improvement Projects. These projects were created to improve the state courts' handling of child abuse and neglect cases. The reports describe the current court reform issues on which the courts are working, their strategies in approaching these issues, and the extent of their current progress. (KF9323 .R38). These reports are available for purchase through the American Bar Association.

Evidentiary Issues in Termination of Parental Rights [CD-ROM]: An Interactive Simulated Trial. Reno, NV: National Council of Juvenile and Family Court Judges (2002).

The CD presents a simulated trial "In the matter of the termination of the parent-child relationship between a child and a set of parents." The viewer can rule on the admissibility of evidence and related procedural issues while receiving feedback on the statutory and case authority. (KF547.E93)


Duquette, Donald N. Guidelines for Public Policy and State Legislation Governing Permanence for Children. Washington, DC: Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, Children`s Bureau (1999). The guidelines were developed as one of several steps taken by the federal government in response to Adoption 2002, President Clinton's Initiative on Adoption and Foster Care. The guidelines are intended to assist the states as they focus on critical issues affecting child welfare practice and the courts. (KF545 .D87)

Johns, Krista R. Judge`s Guidebook on Adoption and Other Permanent Homes for Children. Reno, NV: National Council of Juvenile and Family Court Judges (1999). This guidebook provides operating principles that can be used in any community to create sound practices in child abuse and neglect cases. The guidebook also discusses implications for state social service agencies, juvenile courts, and courts of appeals of the Adoption and Safe Families Act of 1997. (KF545 .J64)

Minnesota Supreme Court Foster Care and Adoption Task Force: Final Report. St. Paul: Minnesota Supreme Court, State Court Administration, Office of Research and Planning (1997). This report contains more than 30 recommendations from the task force, including such topics as the Indian Child Welfare Act and tribal courts, open adoptions, the Minnesota Heritage Act, and termination of parental rights. (KFM5494.5 .M55)

Gay, Donna L. Report of the Arkansas Supreme Court Ad Hoc Committee on Foster Care and Adoption Assessment with Findings and Recommendations. Little Rock, AK: Administrative Office of the Courts (1997). This report highlights the findings of the Arkansas Administrative Office of the Courts Ad Hoc Committee regarding court improvement in foster care and adoption cases. The report provides information about the committee's assessment process, results of the assessment, recommendations for overall improvement, and the future implementation of the recommendations. (KFA3704.6 .G39)

Monday, November 9, 2009

Then There Were Three

Just as I have honored the pending door closing of Michigan Supreme Court Chief Justice Clifford Taylor's former political career, so shall I do the same for Michigan Supreme Court Justices Maura Corrigan and Robert Young.

In memory of the loss of the first member of the infamous "Gang of Four" from the elected bench, I would like to share this political epitaph I wrote.

The Chief Justice’s Prayer

In the honor of Maternal, Paternal, and Infantile Rights of Michigan,
Amen.

Our Chief Justice, who art in Lansing,
Hallowed be thy name, Clifford Taylor.

Thy thiefdom come; thy will be done,
In Michigan, as it is not in the Constitution.

Give us our rights, of due process in the courts,
And condignly commiserate our unenumerated rights;
As we condignly commiserate thine breeches of fiduciary duties;
And lead us not into judicial totalitarianism,
But deliver us onto democracy.

For thine is the kingdom, the power, and the glory,
Now and for thine lifetime appointment.

Amen.

Written by Beverly Tran, in the year of our Honorable Supreme Court Chief Justice, two thousand and eight

This post is the official kick off of my campaign to not re-elect Maura Corrigan.