By Lisa Belkin
July 28, 2009, 1:11 pm
In Motherlode- Adventures in Parenting/New York Times
Daniel Hauser, the 13-year-old Minnesota boy whose parents supported his refusal of chemotherapy until the court stepped in, had another meeting with the judge in the case and, based on reports that the treatment continues to be working, the order to continue with chemo stands.
We’ve talked about Daniel often on Motherlode, and while there was some disagreement in the comments, most of you seemed to believe that it was the right of the authorities to step in when parents are making unwise medical choices. I agree. But now comes news that a New Jersey court has, under this same theory, ordered a child (identified in court papers as V.M.G.) to remain in foster care, where she has apparently been for two years, initially because her mother (V.M.) refused a C-section while in labor and demonstrated “combative and erratic behavior.”
Doctors thought the C-section was necessary; the laboring mother did not. As it happens, she was right, because the baby was born vaginally, and healthy. But the court has upheld the original petition by the New Jersey Division of Youth and Family Services (NJDYF) that the mother “abused and neglected” her child. (The court reversed similar charges against the father, B.G., and also said their reason in upholding was not the c-section per se, but rather other factors brought to the bench by authorities.)
There are details in the court documents describing those other factors. In investigating the referral from the hospital, the NJDYF learned that “V.M. had been under psychiatric care for 12 years prior to V.M.G’s birth.” But the mother’s mental health was not the reason given for placing the child in foster care in the first place. The refusal of the C-section, and the behavior around the actual birth, were.
Reaction to this case across the Web (there is an excellent analysis over on Momlogic.com) is that authorities here went too far. That was my gut reaction too. Personally, I can’t imagine refusing a C-section if my OB told me it was necessary. But isn’t everyone “erratic” when in labor?
There are many differences between ordering life-saving cancer treatment and ordering a woman to have a C-section. The most obvious is that of the mother’s medical autonomy — it is her body being anesthetized and cut. Here the mother is also the patient, unlike the Hauser case, and with that comes all the messy, slippery slope questions of the abortion debate.
Second, the data in the Hauser case is stronger. The treatment doctors were urging for his cancer has a remarkable record of success. C-sections, on the other hand, have been shown to be widely over-used, and while the details of any given labor vary, and we do not know those details here, women can be forgiven for thinking that too many doctors are too quick to cut.
On the other hand, the basic parallel holds. In both cases doctors, believing that one path risks a child’s life and the other has great odds of saving that life, ask the courts to step in. Where do parent’s rights end and the court’s responsibility to children begin? What is the difference, if any, between Daniel Hauser and V.M.G.?
Edited to make it clearer that the court ruled that the c-section refusal was no longer the reason that custody is being denied, and also to add details of the mother’s history of mental illness.
Refusing a C-Section, Losing Custody of a Baby - Motherlode Blog - NYTimes.com
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Friday, July 31, 2009
Friday, July 24, 2009
After 70 years, brothers find each other online
John Mellinger, left, and Dan Newburn saw their family resemblance right away. Now 70 and 71, they were separated when Mellinger was 9 months old and Newburn was 20 months old.
For nearly 30 years, John Mellinger Jr. knew that he had a brother. He just didn’t know who – or where – he was. Then, in the space of two weeks, that changed. First came the e-mail, Mellinger said, from “a fella named Dan Newburn. It says, ‘John, I think I might be your older brother.’ ”
They became friends on Facebook. They started talking daily using the Internet phone service Skype. They noted the family resemblance, the similar noses. They sorted out the family history.
Finally, on Wednesday, Mellinger and Newburn met face to face in Mellinger’s Spokane home – a reunion some 70 years in the making.
“How very cool,” Newburn said as he walked up to embrace his brother on the front step of Mellinger’s north Spokane home. “Hi, little brother.”
It was the first time the brothers were together since 1939, when, at 9 months and 20 months old, they were placed in the Children’s Home Society in Boise by their teenage mother. Later adopted by separate families, the brothers’ lives diverged.
Mellinger, 70, worked for years as a police officer in Baltimore, then changed course and moved back to the Northwest, where he ran a barbershop in Hillyard until his retirement.
Newburn, 71, worked as a pastor, journalist and photographer in Las Vegas, where he still keeps busy with various projects.
The men plan to spend the next couple of days together, visiting, going out to dinner and catching up.
“I’m excited, but I don’t think it’s really sunk in yet,” Mellinger said, telling Newburn, “I recognize you and accept you as my brother, but it hasn’t really snapped in.”
Newburn said that for most of his life, he wasn’t overly curious about his biological roots – unlike Mellinger, who tried to investigate his background in 1980 with limited success. But now that Newburn has found Mellinger, along with a half-brother and two half-sisters, he said it has enriched his life.
“All of a sudden, I had a sense of being connected like I never had before,” he said. “I found a kinship.”
A dead end
The men’s mother was 17 when she had Newburn; their father was 32. He was a salesman and she was a waitress, and their marriage was brief, Newburn said. Their dad left them, though many of the details are murky.
“It sounded like our father, when he drank, he was a mean drunk,” Newburn said. “I felt like she didn’t want to put us in harm’s way.”
The boys went into the Children’s Home Society, a Boise orphanage that has become a children’s services agency.
Mellinger was adopted by a Boise family. His father was an administrator with the Social Security Administration, and the family moved to Baltimore in 1954. He had known he was adopted since he was 9. In his 40s, he decided to seek out information about his birth parents, driven partly by the desire to know more about his medical history.
When Mellinger approached the Children’s Home Society, he found the names of his parents, but nothing about a brother. Later, he found an aunt in Pocatello, Idaho, who told him he had a brother. But when he went back to the home society, they would tell him nothing.
He left a note in his file, saying if anyone inquired about him, they could get in touch with him.
“So I let that go,” he said.
Facebook friends
Newburn, meanwhile, had spent his childhood with a family in southern Idaho, later moving to California, where they lived in Los Angeles and Vista.
He hadn’t been particularly driven to learn about his birth parents, he said. Like Mellinger, he’d had a happy experience with his adoptive family, and curiosity about his medical history pressed him to investigate his past.
That was two weeks ago. He called an official with the Idaho state records office, and soon was connected with the Children’s Home Society. Within a day, he heard back.
“She said, ‘I’ve opened your file. You have a brother named John Forrest Mellinger Jr. who’s been trying to get ahold of you,’ ” Newburn said.
Newburn got online and searched for Mellinger, whose Facebook account popped up. Newburn also has an account on the social networking site, so he sent his brother a message and a friend request.
Back in Spokane, Mellinger found an e-mail alerting him to the request.
“I went on Facebook and saw his picture, and oh, boy, there was no doubt about it,” Mellinger said. “He was my brother.”
Finally face to face
For a couple of guys in their 70s, the brothers are pretty tech-savvy. They immediately began talking daily over the Internet, planning their face-to-face reunion. While Newburn was flying into Spokane Wednesday morning, Mellinger checked the progress of his flight.
When the plane landed, Mellinger sent him a text message: “Welcome to Spokane.”
Mellinger and his wife, Linda, were waiting on the concrete front step of their home when Newburn pulled up in a rental car with his wife, Liz. The two men embraced and then went inside, where they sat down and began chatting about their lives.
“I’m absolutely convinced this was a God thing,” Newburn said. “In three days I found out I had … a younger brother, I talked to him, saw him on the Internet. It was just kind of like – wow.”
They became friends on Facebook. They started talking daily using the Internet phone service Skype. They noted the family resemblance, the similar noses. They sorted out the family history.
Finally, on Wednesday, Mellinger and Newburn met face to face in Mellinger’s Spokane home – a reunion some 70 years in the making.
“How very cool,” Newburn said as he walked up to embrace his brother on the front step of Mellinger’s north Spokane home. “Hi, little brother.”
It was the first time the brothers were together since 1939, when, at 9 months and 20 months old, they were placed in the Children’s Home Society in Boise by their teenage mother. Later adopted by separate families, the brothers’ lives diverged.
Mellinger, 70, worked for years as a police officer in Baltimore, then changed course and moved back to the Northwest, where he ran a barbershop in Hillyard until his retirement.
Newburn, 71, worked as a pastor, journalist and photographer in Las Vegas, where he still keeps busy with various projects.
The men plan to spend the next couple of days together, visiting, going out to dinner and catching up.
“I’m excited, but I don’t think it’s really sunk in yet,” Mellinger said, telling Newburn, “I recognize you and accept you as my brother, but it hasn’t really snapped in.”
Newburn said that for most of his life, he wasn’t overly curious about his biological roots – unlike Mellinger, who tried to investigate his background in 1980 with limited success. But now that Newburn has found Mellinger, along with a half-brother and two half-sisters, he said it has enriched his life.
“All of a sudden, I had a sense of being connected like I never had before,” he said. “I found a kinship.”
A dead end
The men’s mother was 17 when she had Newburn; their father was 32. He was a salesman and she was a waitress, and their marriage was brief, Newburn said. Their dad left them, though many of the details are murky.
“It sounded like our father, when he drank, he was a mean drunk,” Newburn said. “I felt like she didn’t want to put us in harm’s way.”
The boys went into the Children’s Home Society, a Boise orphanage that has become a children’s services agency.
Mellinger was adopted by a Boise family. His father was an administrator with the Social Security Administration, and the family moved to Baltimore in 1954. He had known he was adopted since he was 9. In his 40s, he decided to seek out information about his birth parents, driven partly by the desire to know more about his medical history.
When Mellinger approached the Children’s Home Society, he found the names of his parents, but nothing about a brother. Later, he found an aunt in Pocatello, Idaho, who told him he had a brother. But when he went back to the home society, they would tell him nothing.
He left a note in his file, saying if anyone inquired about him, they could get in touch with him.
“So I let that go,” he said.
Facebook friends
Newburn, meanwhile, had spent his childhood with a family in southern Idaho, later moving to California, where they lived in Los Angeles and Vista.
He hadn’t been particularly driven to learn about his birth parents, he said. Like Mellinger, he’d had a happy experience with his adoptive family, and curiosity about his medical history pressed him to investigate his past.
That was two weeks ago. He called an official with the Idaho state records office, and soon was connected with the Children’s Home Society. Within a day, he heard back.
“She said, ‘I’ve opened your file. You have a brother named John Forrest Mellinger Jr. who’s been trying to get ahold of you,’ ” Newburn said.
Newburn got online and searched for Mellinger, whose Facebook account popped up. Newburn also has an account on the social networking site, so he sent his brother a message and a friend request.
Back in Spokane, Mellinger found an e-mail alerting him to the request.
“I went on Facebook and saw his picture, and oh, boy, there was no doubt about it,” Mellinger said. “He was my brother.”
Finally face to face
For a couple of guys in their 70s, the brothers are pretty tech-savvy. They immediately began talking daily over the Internet, planning their face-to-face reunion. While Newburn was flying into Spokane Wednesday morning, Mellinger checked the progress of his flight.
When the plane landed, Mellinger sent him a text message: “Welcome to Spokane.”
Mellinger and his wife, Linda, were waiting on the concrete front step of their home when Newburn pulled up in a rental car with his wife, Liz. The two men embraced and then went inside, where they sat down and began chatting about their lives.
“I’m absolutely convinced this was a God thing,” Newburn said. “In three days I found out I had … a younger brother, I talked to him, saw him on the Internet. It was just kind of like – wow.”
Tuesday, July 21, 2009
Surgery Wed. July 22, 2009
UPDATED- Pic- can you say OUCHHHHH??
FYI- They did the nerve transplant into the thumb as well
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~.
Good morning to all my regular readers.
I am having surgery tomorrow (Wednesday) on my ulnar nerve.
Ulnar nerve - Wikipedia, the free encyclopedia
Due to the extent of the surgery (which the Dr. has not determined yet- possible transplant of nerves into the thumb)
This blog may appear to be abandoned for a while.
I WOULD NEVER ABANDON MY BLOG OR MY BABIES (the reason for this blog)!
I will be back asap.
Pray for really good pain meds for me. LOL
Stay tuned I hope to return by Friday - even if I have to type with one dayum hand!
But if that's not possible hang around as Arnold Schwarzenegger says "I'll be back"
Refresh - Go to homepage
I am having surgery tomorrow (Wednesday) on my ulnar nerve.
Ulnar nerve - Wikipedia, the free encyclopedia
Due to the extent of the surgery (which the Dr. has not determined yet- possible transplant of nerves into the thumb)
This blog may appear to be abandoned for a while.
I WOULD NEVER ABANDON MY BLOG OR MY BABIES (the reason for this blog)!
I will be back asap.
Pray for really good pain meds for me. LOL
Stay tuned I hope to return by Friday - even if I have to type with one dayum hand!
But if that's not possible hang around as Arnold Schwarzenegger says "I'll be back"
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Saturday, July 18, 2009
WAS- Panel Tosses Contempt Sentence Against Lawyer for "Sarcastic' Expression
I've never posted anything without a link directly back to it's original source
(link in question below)
Law.com - Panel Tosses Contempt Sentence Against Lawyer for 'Sarcastic' Expression
However, apparently that wasn't good enough. I had assumed under these guidelines (below) it would be.
Copyright Notice: According to US Copyright law, copyright vests initially in the author(s) of the work. In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have an interest in receiving this information for non-profit research and educational purposes only. For more information go to: Title 17, Sec.107. If you are the copyright holder and choose to have your work removed from this website, email HaveUmistakenMe@aol.com and it will be done. However, we hope you prefer that our researchers continue to benefit from access to your work.
But today I recieved a letter from:
Fabio Bertoni
Deputy General Counselincisivemedia 120 Broadway
5th Floor
New York, NY 10271
(212) 457-9680 tel.
(646) 822-5160 fax
fabio.bertoni@incisivemedia.com
www.incisivemedia.com
Asking me to remove it- Oh well, so much for this article.
Refresh - Go to homepage
(link in question below)
Law.com - Panel Tosses Contempt Sentence Against Lawyer for 'Sarcastic' Expression
However, apparently that wasn't good enough. I had assumed under these guidelines (below) it would be.
Copyright Notice: According to US Copyright law, copyright vests initially in the author(s) of the work. In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have an interest in receiving this information for non-profit research and educational purposes only. For more information go to: Title 17, Sec.107. If you are the copyright holder and choose to have your work removed from this website, email HaveUmistakenMe@aol.com and it will be done. However, we hope you prefer that our researchers continue to benefit from access to your work.
But today I recieved a letter from:
Fabio Bertoni
Deputy General Counselincisivemedia 120 Broadway
5th Floor
New York, NY 10271
(212) 457-9680 tel.
(646) 822-5160 fax
fabio.bertoni@incisivemedia.com
www.incisivemedia.com
Asking me to remove it- Oh well, so much for this article.
Refresh - Go to homepage
Friday, July 17, 2009
Brooklyn mom says doctors were too busy accusing her of abusing her son to treat dying baby
DAILY NEWS STAFF WRITER
Thursday, July 16th 2009, 4:00 AM
Thursday, July 16th 2009, 4:00 AM
A pounding headache sent 4-year-old Desville (Jomo) Charles to the emergency room, but his mom says a botched diagnosis killed him - and a false accusation made things even worse.
Instead of finding the brain aneurysm that eventually killed the little boy, Jomo's mom says in court papers that officials at Brookdale Hospital Medical Center accused her of abuse.
"They said I hit him," and they called the Administration for Children's Services, a sobbing Connie Charles told the Daily News. "I said, 'Why you call ACS? I don't hit my child. I don't hit him.'"
It wasn't until after the boy died - and after ACS cleared his mom - that an autopsy uncovered the cause of the crushing headaches that had tortured Jomo.
"Brookdale could have discovered this with a simple test, which they did not do," said Charles' lawyer, Steven Schiesel. "If they did, the child would be alive today. They were too busy blaming the mother for the child's problems."
A precocious Brooklyn boy, Jomo was just 4 in October 2005 when he told his mom his head hurt.
Charles, who works as a home health aide, rushed Jomo to the hospital just three blocks from their Brownsville apartment.
Doctors there took a look at Jomo, gave him some Tylenol, and sent him home, the suit states.
The next month, Jomo's headache returned with a vengeance, and once again, Charles took her son to the hospital. Only this time, it was be three days before they would let Jomo go home.
The next month, Jomo's headache returned with a vengeance, and once again, Charles took her son to the hospital. Only this time, it was be three days before they would let Jomo go home.
While doctors did a medical workup on the boy, including a bone scan, investigators questioned his mom and inspected his home, the suit charges.
"The detective tell me, 'He's a smart kid - is he in school?'" said Charles, who is from St. Vincent. "The detective said, 'Nobody hit him; you can let him go.' I was so upset. They angered me. I been abused as a child. Why should I hurt him?"
Three weeks later, Jomo was awakened by the worst headache yet and admitted to the hospital. He died there on Dec. 10, 2005.
"An autopsy was done by the medical examiner which showed an undiagnosed ruptured aneurysm in the brain," Schiesel said.
Brookdale's lawyer did not return phone calls for comment. A hospital spokeswoman declined to discuss the case because it's in court.
My Two Cents - What a shame!
What this mother didn't know was that if there was federal funding (Title IV-E) to find brain aneurysm's instead of federal funding to chough-protect-choke-gag-manufacture abused children her child would have been alive today!
It's high time they (doctors-shools- and whomever) stop looking so hard for abuse they may be missing something real!
Thursday, July 16, 2009
Children: Father didn't abuse us: Ex-Vancouver police officer spent nearly 20 years in prison
Matthew Spencer, left, testified Friday that he’s always known in his heart that his father, Clyde Ray Spencer, right, never abused him. (Zachary Kaufman/The Columbian)
Saturday, July 11 2:21 a.m.
COLUMBIAN STAFF WRITER
The two adult children of former Vancouver police officer Clyde Ray Spencer, who spent nearly 20 years in prison after being convicted of molesting them, testified in court Friday the abuse never happened.
A 33-year-old son recalled how, at age 9, he was repeatedly questioned, alone, by now-retired Detective Sharon Krause of the Clark County Sheriff's Office. He said after months of questioning, he said he was abused to get Krause to leave him alone.
A 30-year-old daughter said she doesn't remember what she told Krause at age 5, but recalled Krause bought her ice cream.
Both children, who live in Sacramento, Calif., said that while growing up in California they were told by their mother, who divorced Spencer before Spencer was charged, that they were blocking out the memory of the abuse.
They said they realized as adults the abuse never happened, and they came forward because it was the right thing to do.
The fallout from Friday's hearing won't be known for months, after appellate judges weigh in. But the hearing does pave the way for the state Court of Appeals to allow Spencer to withdraw the no-contest pleas he entered in 1985 and have his convictions vacated.
After Matthew Spencer and Kathryn (Spencer) Tetz each took a turn on the witness stand, Superior Court Judge Robert Lewis said their testimony followed the written declarations they filed with the Court of Appeals.
Since the appellate court doesn't take live testimony from witnesses, Lewis was ordered to listen to the children testify and see whether they stuck by their written declarations, even under cross-examination by a prosecuting attorney.
They did, Lewis said.
Spencer, 61, who goes by Ray, hugged his son and daughter after the hearing while a dozen supporters cheered.
In 1985, Spencer was also convicted of abusing a 4-year-old stepson, who was not at Friday's hearing.
The Court of Appeals ruled his testimony was not necessary, given his age at the time of the alleged crimes and the fact his mother had an affair with Krause's supervisor.
According to Krause, the children were together when they were abused.
Both Matthew Spencer and Tetz testified their stepbrother was never abused by their dad.
In 1985, Spencer entered the no-contest pleas, a type of guilty plea, after learning his court-appointed attorney had not prepared a defense. He felt pleading no contest was his only option, and that he would appeal his convictions.
Former Judge Thomas Lodge sentenced Spencer to two life terms in prison, plus 14 years.
For several years, Spencer's appeals failed. He was denied parole five times because he refused to admit guilt and enter a sex offender treatment program.
He hired Seattle attorney Peter Camiel in the mid-1990s. Camiel and a private investigator uncovered several disturbing facts about the investigation — including that prosecutors withheld medical exams that showed no evidence of abuse, despite Krause's claims that the children had been violently, repeatedly raped — and those discoveries led Gov. Gary Locke to commute Spencer's sentence in 2004.
Spencer was ordered to be on supervision for three years.
He's still a convicted sex offender, and Friday's hearing was just another step in the long process of clearing his name.
The process has admittedly taken its toll on Spencer, who suffered a heart attack in April.
"For so many years, nothing went right," said Spencer. "When things keep going right, I keep waiting for the other shoe to drop."
Senior Deputy Prosecutor Kim Farr grilled Spencer's children about why they are so certain they weren't abused.
Matthew Spencer said he knew his father had ruined the relationship with his mother.
"He had downfalls. But none of them were molesting children," he said.
Tetz said when she finally read the police reports she was "absolutely sure" the abuse never happened.
"I would have remembered something that graphic, that violent," she said.
Krause, who declined an interview request from The Columbian in 2005, could not be reached Friday.
If the Court of Appeals vacates Spencer's convictions, the case would return to the Clark County Prosecutor's Office.
Charges would either be refiled or dismissed.
Chief Criminal Deputy Prosecutor Dennis Hunter wasn't ready to wave a white flag on Friday. He said if convictions are tossed, prosecutors could appeal to the state Supreme Court.
After the hearing, Spencer, who has received his doctorate in clinical psychology but cannot get his state license as long as he has a criminal record, said he will just have to wait and see.
But at least he has his children, who didn't talk to him for more than 20 years.
"They were my life, and they were taken away from me. That was the hardest part. I could serve in prison," Spencer said, before his voice trailed off, and his son came up for another hug.
Stephanie Rice: stephanie.rice@columbian.com or 360-735-4549.
Children: Father didn't abuse us - Columbian.com
What a disgrace! PAS at it's very best!!
I couldnt help but notice, the details are different..
THIS CASE- allegations of sexual abuse vs MY CASE- false allegations of child abuse)
THIS CASE- The wife having an affair with the Supervisor of the man that "got" the abuse claims out of the children vs MY CASE -a financial partnership between CYO where my husband worked for 20 years under the direction of JOSEPH PANEPINTO the CYO Director- and ACS who is BEING SUED now BY ME, because of their malicious prosecution and negligent misrepresentation of abuse charges against me - lets not forget MY CASE - Joseph Panapinto being married to SUPREME COURT JUDGE BARBARA PANEPINTO- and my estranged husband living with AGGIE PANEPINTO.
See that 30 years and so many lifes srewed because someone had their bleeeppp in the right place- in other words it wasn't about the truth it was about who was sleeping with whom!
I hope he sues those bastards involved and gets every last dime they ever made- and they spend 20 years in prison for their efforts!
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Councilman Martinez Pleads Guilty in $100K Fraud
Days after stepping down, councilman admits guilt
By JONATHAN DIENST and MICHAEL CLANCY
Updated 12:02 PM EDT, Thu, Jul 16, 2009
Councilman Miguel Martinez pleaded guilty to fraud this morning in federal court, admitting to lining his pockets with $100,000 in taxpayer funds over a six-year period.
Earlier this week, Martinez became the first casualty of the City Council slush fund shenanigans, resigning from office in a tersely worded letter.
“Dear Speaker Quinn,” Mr. Martinez’s letter began, addressing City Council Speaker Christine C. Quinn, according to The New York Times City Room blog. “Effective today, July 14, 2009 I am submitting my resignation to the New York City Council.”
Martinez, a Democrat and seven-year veteran of the council, will be sentenced in October. He is the first person charged in the wide-ranging probe by local and federal authorities into whether council members used member items to steer millions of dollars in taxpayer money to specious and closely-connected non-profit groups.
A non-profit run by Martinez's sister was raided in March by the Department of Investigation, the local agency charged with probing the Council's slush fund.
The group was given more than $1 million worth of taxpayer money since 2006, when Martinez's sister Maria joined its board, but the Council revoked its backing in April, the Daily News reported.
Councilman Martinez Pleads Guilty in $100K Fraud NBC New York
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By JONATHAN DIENST and MICHAEL CLANCY
Updated 12:02 PM EDT, Thu, Jul 16, 2009
Councilman Miguel Martinez pleaded guilty to fraud this morning in federal court, admitting to lining his pockets with $100,000 in taxpayer funds over a six-year period.
Earlier this week, Martinez became the first casualty of the City Council slush fund shenanigans, resigning from office in a tersely worded letter.
“Dear Speaker Quinn,” Mr. Martinez’s letter began, addressing City Council Speaker Christine C. Quinn, according to The New York Times City Room blog. “Effective today, July 14, 2009 I am submitting my resignation to the New York City Council.”
Martinez, a Democrat and seven-year veteran of the council, will be sentenced in October. He is the first person charged in the wide-ranging probe by local and federal authorities into whether council members used member items to steer millions of dollars in taxpayer money to specious and closely-connected non-profit groups.
A non-profit run by Martinez's sister was raided in March by the Department of Investigation, the local agency charged with probing the Council's slush fund.
The group was given more than $1 million worth of taxpayer money since 2006, when Martinez's sister Maria joined its board, but the Council revoked its backing in April, the Daily News reported.
Councilman Martinez Pleads Guilty in $100K Fraud NBC New York
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Councilman Martinez Pleads Guilty in $100K Fraud
Days after stepping down, councilman admits guilt
By JONATHAN DIENST and MICHAEL CLANCY
Updated 12:02 PM EDT, Thu, Jul 16, 2009
Councilman Miguel Martinez pleaded guilty to fraud this morning in federal court, admitting to lining his pockets with $100,000 in taxpayer funds over a six-year period.
Earlier this week, Martinez became the first casualty of the City Council slush fund shenanigans, resigning from office in a tersely worded letter.
“Dear Speaker Quinn,” Mr. Martinez’s letter began, addressing City Council Speaker Christine C. Quinn, according to The New York Times City Room blog. “Effective today, July 14, 2009 I am submitting my resignation to the New York City Council.”
Martinez, a Democrat and seven-year veteran of the council, will be sentenced in October. He is the first person charged in the wide-ranging probe by local and federal authorities into whether council members used member items to steer millions of dollars in taxpayer money to specious and closely-connected non-profit groups.
A non-profit run by Martinez's sister was raided in March by the Department of Investigation, the local agency charged with probing the Council's slush fund.
The group was given more than $1 million worth of taxpayer money since 2006, when Martinez's sister Maria joined its board, but the Council revoked its backing in April, the Daily News reported.
Councilman Martinez Pleads Guilty in $100K Fraud NBC New York
By JONATHAN DIENST and MICHAEL CLANCY
Updated 12:02 PM EDT, Thu, Jul 16, 2009
Councilman Miguel Martinez pleaded guilty to fraud this morning in federal court, admitting to lining his pockets with $100,000 in taxpayer funds over a six-year period.
Earlier this week, Martinez became the first casualty of the City Council slush fund shenanigans, resigning from office in a tersely worded letter.
“Dear Speaker Quinn,” Mr. Martinez’s letter began, addressing City Council Speaker Christine C. Quinn, according to The New York Times City Room blog. “Effective today, July 14, 2009 I am submitting my resignation to the New York City Council.”
Martinez, a Democrat and seven-year veteran of the council, will be sentenced in October. He is the first person charged in the wide-ranging probe by local and federal authorities into whether council members used member items to steer millions of dollars in taxpayer money to specious and closely-connected non-profit groups.
A non-profit run by Martinez's sister was raided in March by the Department of Investigation, the local agency charged with probing the Council's slush fund.
The group was given more than $1 million worth of taxpayer money since 2006, when Martinez's sister Maria joined its board, but the Council revoked its backing in April, the Daily News reported.
Councilman Martinez Pleads Guilty in $100K Fraud NBC New York
Wednesday, July 15, 2009
Divorce and false allegations of child abuse - the story of Dr. David Menchell
Dr. David Menchell never dreamed when he reported bruises on his older son's body that it would lead to Child Protective Services investigating him. He first noticed the bruises when he took his children to the Poconos for a vacation. While at a water park, he asked his son where they came from. His son has emotional issues, so it was difficult to find out from him how he had gotten bruised.
Later that weekend, Dr. Menchell's mother talked to her grandson. She then told Dr. Menchell the child had implied that an older child at school had been fighting with him and had bruised him.
The next day, Dr. Menchell phoned the school and talked to the psychologist who works with his son. She assured him that the students were usually supervised, and it would be unlikely for his son to be in a fight without someone knowing about it. She said, however, that she would follow up with his teachers and also call Dr. Menchell's ex-wife to discuss the situation.
The next day Dr. Menchell's ex-wife took the boy to the pediatrician, and he documented the same bruises. The day after that, Dr. Menchell received a call from Child Protective Services stating that they were investigating the boy's bruises. Dr. Menchell responded that he had expected that they would do that. It was then that Child Protective Services informed Dr. Menchell that he was the subject of the investigation.
Dr. Menchell's rights to visit his children were immediately suspended, and he has not seen his children for three months. Child Protective Services indicated the report, meaning that the investigator claims to have found some credible evidence that he committed the abuse. Some credible evidence is an extremely low standard of proof. It is not unusual for an investigator to indicate a report when there is little or even no evidence.
When Dr. Menchell goes before an administrative law judge to get the indicated report amended to unfounded, Child Protective Services will have to meet a higher standard of proof--a fair preponderance of evidence. Doctor Menchell understands this because he was put through the same ringer on another occasion.
Following the first investigation, Dr. Menchell was not allowed to see his children for two months. After Dr. Menchell was interrogated by a court appointed psychologist, he was allowed visits with his children but only if they were supervised.
While he was finally exonerated of any wrong doing following a fair hearing, the doctor had this to say.
"...it was an easy matter to disprove the inept findings of the report and reverse the decision of CPS, but it took two years, stuck me with a label of child abuser, cost a fortune in psychologist's and attorney's fees, and disrupted the normal parenting time I might have had with my children."
Dr. Menchell is confident that the results of the second investigation will be overturned as well. He says, "I don't doubt that I will overturn this additional finding from CPS. The very fact that I have had to endure this insult twice is an indictment of the system. The principles that apply in other venues, like criminal court, should extend to CPS and Family Court: the right to a fair trial or hearing, the assumption of innocence, the right to address your accusers. Until these issues are addressed and CPS is held accountable, there will be continued abuse and injustice perpetrated by CPS and the courts. And our children and their parents are both the victims."
While Child Protective Services does not divulge the names of people making calls to the child abuse hotline, Doctor Menchell attributes his problems with Child Protective Services to a marriage gone sour.
Many estranged or divorced spouses have testified to similar problems.
Ledger.com reported yesterday that a Lakeland, Florida father, William Dunn, is suing the Florida Department of Children and Families for not allowing him to see his daughter for eleven months after he was falsely accused of sexually abusing her. The judge who ruled that Dunn did not abuse his daughter and returned her to his care expressed concern that the girl's mother coached her to say that she had been abused, although the mother denies it. Both the father and daughter have suffered physical and emotional problems due to the false allegations.
Earlier this week, the grown children of Clyde Raye Spencer testified at a hearing that their father never abused them. Spencer has served 19 years in prison for child abuse. Both of Spencer's children say that their mother told them they were just blocking out the memory of the abuse when they told her they had not been abused.
Dean Tong, who is an expert on false allegations of abuse, spent $150,000 and ten years to clear his name after his estranged wife accused him of sexually abusing his daughter. He has since become an author and a leading expert witness on parent alienation syndrome, and false allegations of sexual and other forms of abuse during or after a divorce,
Tong has this to say about divorce and false allegations of abuse.
"Even in so called "no-fault" divorce states, parents and relatives of divorcing parties seeking to gain an upper hand in custody and financial arrangements file false or unfounded allegations of domestic violence or child abuse. Once falsely accused, an innocent party oftentimes must spend tens to hundreds of thousands of dollars defending their good name while finding it nearly impossible to remove the stain of abuse allegations. Such allegations also damage the children involved by forcing them to participate unnecessarily in intrusive psychological examinations and courtroom proceedings."
Divorce and false allegations of child abuse - the story of Dr. David Menchell
If you liked this article, you might enjoy these:
How to file an appeal if your indicated CPS report is upheld at a fair hearing
New York State's Office of Children & Family Services' fair hearings violate due process
New York State's Central Register on Child Abuse seriously flawed
What should you do if Child Protective Services knocks on your door?
Refresh - Go to homepage
Later that weekend, Dr. Menchell's mother talked to her grandson. She then told Dr. Menchell the child had implied that an older child at school had been fighting with him and had bruised him.
The next day, Dr. Menchell phoned the school and talked to the psychologist who works with his son. She assured him that the students were usually supervised, and it would be unlikely for his son to be in a fight without someone knowing about it. She said, however, that she would follow up with his teachers and also call Dr. Menchell's ex-wife to discuss the situation.
The next day Dr. Menchell's ex-wife took the boy to the pediatrician, and he documented the same bruises. The day after that, Dr. Menchell received a call from Child Protective Services stating that they were investigating the boy's bruises. Dr. Menchell responded that he had expected that they would do that. It was then that Child Protective Services informed Dr. Menchell that he was the subject of the investigation.
Dr. Menchell's rights to visit his children were immediately suspended, and he has not seen his children for three months. Child Protective Services indicated the report, meaning that the investigator claims to have found some credible evidence that he committed the abuse. Some credible evidence is an extremely low standard of proof. It is not unusual for an investigator to indicate a report when there is little or even no evidence.
When Dr. Menchell goes before an administrative law judge to get the indicated report amended to unfounded, Child Protective Services will have to meet a higher standard of proof--a fair preponderance of evidence. Doctor Menchell understands this because he was put through the same ringer on another occasion.
Following the first investigation, Dr. Menchell was not allowed to see his children for two months. After Dr. Menchell was interrogated by a court appointed psychologist, he was allowed visits with his children but only if they were supervised.
While he was finally exonerated of any wrong doing following a fair hearing, the doctor had this to say.
"...it was an easy matter to disprove the inept findings of the report and reverse the decision of CPS, but it took two years, stuck me with a label of child abuser, cost a fortune in psychologist's and attorney's fees, and disrupted the normal parenting time I might have had with my children."
Dr. Menchell is confident that the results of the second investigation will be overturned as well. He says, "I don't doubt that I will overturn this additional finding from CPS. The very fact that I have had to endure this insult twice is an indictment of the system. The principles that apply in other venues, like criminal court, should extend to CPS and Family Court: the right to a fair trial or hearing, the assumption of innocence, the right to address your accusers. Until these issues are addressed and CPS is held accountable, there will be continued abuse and injustice perpetrated by CPS and the courts. And our children and their parents are both the victims."
While Child Protective Services does not divulge the names of people making calls to the child abuse hotline, Doctor Menchell attributes his problems with Child Protective Services to a marriage gone sour.
Many estranged or divorced spouses have testified to similar problems.
Ledger.com reported yesterday that a Lakeland, Florida father, William Dunn, is suing the Florida Department of Children and Families for not allowing him to see his daughter for eleven months after he was falsely accused of sexually abusing her. The judge who ruled that Dunn did not abuse his daughter and returned her to his care expressed concern that the girl's mother coached her to say that she had been abused, although the mother denies it. Both the father and daughter have suffered physical and emotional problems due to the false allegations.
Earlier this week, the grown children of Clyde Raye Spencer testified at a hearing that their father never abused them. Spencer has served 19 years in prison for child abuse. Both of Spencer's children say that their mother told them they were just blocking out the memory of the abuse when they told her they had not been abused.
Dean Tong, who is an expert on false allegations of abuse, spent $150,000 and ten years to clear his name after his estranged wife accused him of sexually abusing his daughter. He has since become an author and a leading expert witness on parent alienation syndrome, and false allegations of sexual and other forms of abuse during or after a divorce,
Tong has this to say about divorce and false allegations of abuse.
"Even in so called "no-fault" divorce states, parents and relatives of divorcing parties seeking to gain an upper hand in custody and financial arrangements file false or unfounded allegations of domestic violence or child abuse. Once falsely accused, an innocent party oftentimes must spend tens to hundreds of thousands of dollars defending their good name while finding it nearly impossible to remove the stain of abuse allegations. Such allegations also damage the children involved by forcing them to participate unnecessarily in intrusive psychological examinations and courtroom proceedings."
Divorce and false allegations of child abuse - the story of Dr. David Menchell
If you liked this article, you might enjoy these:
How to file an appeal if your indicated CPS report is upheld at a fair hearing
New York State's Office of Children & Family Services' fair hearings violate due process
New York State's Central Register on Child Abuse seriously flawed
What should you do if Child Protective Services knocks on your door?
Refresh - Go to homepage
Friday, July 10, 2009
After Espada Flips Again, Senate Actually Does Work
The Senate stalemate ended Thursday as it started 31 days ago, with a freshman Democrat convulsing the 62-seat house by switching sides and getting a powerful leadership post in the majority.
But it took less than 30 minutes on the Senate floor for partisan fights to emerge, with Republicans initially threatening two-hour debates on each of more than 100 noncontroversial bills.
Bronx Sen. Pedro Espada's return to the Democratic conference gives Democrats a 32-30 majority for the first time since the June 8 coup. As part of the deal, Espada took the title of Senate majority leader.
Espada's move came after Democratic Gov. David Paterson's decision to appoint a lieutenant governor to preside over the Senate, giving his party the upper hand in a chamber that's been divided 31-31.
"It was never about power, but about empowerment," Espada said at a news conference.
While the stalemate was over, at first the standstill wasn't. Republicans decided to slow the voting process because they were furious Democrats didn't include Senate rules reforms on the agenda. Senate Republican Leader Dean Skelos, of Long Island, said the GOP objected to the Democrats' plan to pass pork barrel spending — also known as member items, money that lawmakers can take back to their districts for pet projects.
After an hour of closed-door discussion, member items were removed from the agenda and both sides developed the framework for a rules reform agreement. Both will likely be taken up next week. Both sides said the rules changes will give individual senators more power to move bills out of committees and to the floor for a vote, among other reforms.
Most of the bills passed late Thursday and early Friday were for local taxes that would keep local governments funded and running.
For more than a month, the Senate's paralysis stalled action on mayoral control of New York City's schools, taxing authority in some municipalities and economic development programs.
Paterson estimated that the state's municipalities lost as much as $150 million during the conflict — most of it missed sales tax revenue — including $60 million in New York City.
"Today really is 31 days of chaos ending," said Hiram Monserrate, a one-time dissident whose pending felony assault charge divided Republicans and Democrats early in the session. "Judge us not on what has occurred over the last 31 days ... but judge us on what we do with this extraordinary opportunity."
Republicans accepted their return to the minority, where they were for the past six months for the first time since 1965, but still tried to claim some victory. They say the reforms will serve them well and increase the power of individual Senators.
"Upstate is going to be a player," said Republican Sen. George Maziarz of Niagara County. "We have a conference of 30 strong and with these reforms. ... We won't be rolled over."
"We are definitely going to reform the state Senate like it's never been reformed before," said Democratic Conference Leader Sen. John Sampson, of Brooklyn.
Rank-and-file Democrats welcomed Espada back. That was a contrast to the name-calling of the past five weeks, when many Democrats said they would never serve under Espada in a leadership position. Others called him a thug and turncoat.
"I don't think any of us have to accept everybody with open arms," said Sen. Neil Breslin, an Albany Democrat. "He has a right to be in the Democratic conference as an elected Democrat."
When asked if it was hypocritical for Democrats to accept Espada as one of their own after calling him a criminal, Breslin said, "There is a level of that."
The self-described three amigos — Sens. Espada, Ruben Diaz and Hiram Monserrate — said the end of the standoff is a victory for Latinos, providing them a greater voice.
"This is a great achievement for our community. The greatest achievement our community has ever gotten," said Diaz, a Bronx Democrat and leader in the Latino community.
The regular session ended June 22.
Despite landing back in the minority, Republicans argue they've helped their constituents by insisting on reforms to give every New Yorker a voice in the chamber. They said any change couldn't have happened without their actions.
"I'm very disappointed, but in my mind this was never about a power grab, but about reform," said Republican Sen. Thomas Libous of Broome County.
Copyright Associated Press / NBC New York
After Espada Flips Again, Senate Actually Does Work NBC New York
Copyright Notice: According to US Copyright law, copyright vests initially in the author(s) of the work. In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have an interest in receiving this information for non-profit research and educational purposes only. For more information go to: Title 17, Sec.107. If you are the copyright holder and choose to have your work removed from this website, email HaveUmistakenMe@aol.com and it will be done. However, we hope you prefer that our researchers continue to benefit from access to your work.
Refresh - Go to homepage
But it took less than 30 minutes on the Senate floor for partisan fights to emerge, with Republicans initially threatening two-hour debates on each of more than 100 noncontroversial bills.
Bronx Sen. Pedro Espada's return to the Democratic conference gives Democrats a 32-30 majority for the first time since the June 8 coup. As part of the deal, Espada took the title of Senate majority leader.
Espada's move came after Democratic Gov. David Paterson's decision to appoint a lieutenant governor to preside over the Senate, giving his party the upper hand in a chamber that's been divided 31-31.
"It was never about power, but about empowerment," Espada said at a news conference.
While the stalemate was over, at first the standstill wasn't. Republicans decided to slow the voting process because they were furious Democrats didn't include Senate rules reforms on the agenda. Senate Republican Leader Dean Skelos, of Long Island, said the GOP objected to the Democrats' plan to pass pork barrel spending — also known as member items, money that lawmakers can take back to their districts for pet projects.
After an hour of closed-door discussion, member items were removed from the agenda and both sides developed the framework for a rules reform agreement. Both will likely be taken up next week. Both sides said the rules changes will give individual senators more power to move bills out of committees and to the floor for a vote, among other reforms.
Most of the bills passed late Thursday and early Friday were for local taxes that would keep local governments funded and running.
For more than a month, the Senate's paralysis stalled action on mayoral control of New York City's schools, taxing authority in some municipalities and economic development programs.
Paterson estimated that the state's municipalities lost as much as $150 million during the conflict — most of it missed sales tax revenue — including $60 million in New York City.
"Today really is 31 days of chaos ending," said Hiram Monserrate, a one-time dissident whose pending felony assault charge divided Republicans and Democrats early in the session. "Judge us not on what has occurred over the last 31 days ... but judge us on what we do with this extraordinary opportunity."
Republicans accepted their return to the minority, where they were for the past six months for the first time since 1965, but still tried to claim some victory. They say the reforms will serve them well and increase the power of individual Senators.
"Upstate is going to be a player," said Republican Sen. George Maziarz of Niagara County. "We have a conference of 30 strong and with these reforms. ... We won't be rolled over."
"We are definitely going to reform the state Senate like it's never been reformed before," said Democratic Conference Leader Sen. John Sampson, of Brooklyn.
Rank-and-file Democrats welcomed Espada back. That was a contrast to the name-calling of the past five weeks, when many Democrats said they would never serve under Espada in a leadership position. Others called him a thug and turncoat.
"I don't think any of us have to accept everybody with open arms," said Sen. Neil Breslin, an Albany Democrat. "He has a right to be in the Democratic conference as an elected Democrat."
When asked if it was hypocritical for Democrats to accept Espada as one of their own after calling him a criminal, Breslin said, "There is a level of that."
The self-described three amigos — Sens. Espada, Ruben Diaz and Hiram Monserrate — said the end of the standoff is a victory for Latinos, providing them a greater voice.
"This is a great achievement for our community. The greatest achievement our community has ever gotten," said Diaz, a Bronx Democrat and leader in the Latino community.
The regular session ended June 22.
Despite landing back in the minority, Republicans argue they've helped their constituents by insisting on reforms to give every New Yorker a voice in the chamber. They said any change couldn't have happened without their actions.
"I'm very disappointed, but in my mind this was never about a power grab, but about reform," said Republican Sen. Thomas Libous of Broome County.
Copyright Associated Press / NBC New York
After Espada Flips Again, Senate Actually Does Work NBC New York
Copyright Notice: According to US Copyright law, copyright vests initially in the author(s) of the work. In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have an interest in receiving this information for non-profit research and educational purposes only. For more information go to: Title 17, Sec.107. If you are the copyright holder and choose to have your work removed from this website, email HaveUmistakenMe@aol.com and it will be done. However, we hope you prefer that our researchers continue to benefit from access to your work.
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Friday, July 3, 2009
Florida Mother Suing Sherriff, Family Servies Over Baby's Death
Wednesday, Jul 1, 2009 @09:29am CST
(Tampa, FL) -- A young Florida mother reportedly plans to sue local law enforcement and the state's child welfare agency over the gruesome death of her three-month-old son.
An attorney for 17-year-old Jasmine Bedwell claims the Hillsborough County Sheriff's Office and the Florida Department of Children and Families were negligent in protecting Bedwell and her baby from the teen mother's violent ex-boyfriend.
Bedwell was living on her own under the supervision of the Department of Children and Families when she was allegedly attacked by 21-year-old Richard McTear back in May.
During the attack, McTear allegedly threw Bedwell's baby from a moving car onto a Tampa highway, killing the infant.
Attorney W. Thomas Wadley says child services officials and the sheriff's department both knew McTear was abusive long before the fatal attack.
He claims the baby's death could have been prevented if the agencies had made the effort to protect the young mother.
Richard McTear is currently in jail awaiting trial after pleading not guilty to first-degree murder charges.
He could face the death penalty if convicted.
Florida Mother Suing Sheriff, Family Services Over Baby's Death
Copyright Notice: According to US Copyright law, copyright vests initially in the author(s) of the work. In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have an interest in receiving this information for non-profit research and educational purposes only. For more information go to: Title 17, Sec.107. If you are the copyright holder and choose to have your work removed from this website, email HaveUmistakenMe@aol.com and it will be done. However, we hope you prefer that our researchers continue to benefit from access to your work.
Refresh - Go to homepage
(Tampa, FL) -- A young Florida mother reportedly plans to sue local law enforcement and the state's child welfare agency over the gruesome death of her three-month-old son.
An attorney for 17-year-old Jasmine Bedwell claims the Hillsborough County Sheriff's Office and the Florida Department of Children and Families were negligent in protecting Bedwell and her baby from the teen mother's violent ex-boyfriend.
Bedwell was living on her own under the supervision of the Department of Children and Families when she was allegedly attacked by 21-year-old Richard McTear back in May.
During the attack, McTear allegedly threw Bedwell's baby from a moving car onto a Tampa highway, killing the infant.
Attorney W. Thomas Wadley says child services officials and the sheriff's department both knew McTear was abusive long before the fatal attack.
He claims the baby's death could have been prevented if the agencies had made the effort to protect the young mother.
Richard McTear is currently in jail awaiting trial after pleading not guilty to first-degree murder charges.
He could face the death penalty if convicted.
Florida Mother Suing Sheriff, Family Services Over Baby's Death
Copyright Notice: According to US Copyright law, copyright vests initially in the author(s) of the work. In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have an interest in receiving this information for non-profit research and educational purposes only. For more information go to: Title 17, Sec.107. If you are the copyright holder and choose to have your work removed from this website, email HaveUmistakenMe@aol.com and it will be done. However, we hope you prefer that our researchers continue to benefit from access to your work.
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Aged-out foster child faces possible homelessness
For Selim Isimer’s next birthday, his parent — the state of Florida — plans to kick him out of the house.
Being shown the door on your 18th birthday would prove daunting for any foster kid. Twenty percent end up homeless without public assistance.
For Selim, it would be disastrous: He has autism and mental retardation.
He can’t read or write, and speaks like a preschooler.
For about a year, Selim has been raised by the Department of Children & Families, which has spent $6,000 each month for his care at a North Miami group home for disabled children.
Child welfare administrators were hoping another state department, the Agency for Persons With Disabilities, would pay Selim’s bills when he ”aged out” of foster care.
But disability administrators say their hands are tied: Selim is in the United States illegally. And they cannot spend taxpayer dollars to pay for his care.
Time runs out for Selim on July 11, his 18th birthday.
"He could get picked up by immigration at any moment,” said Michelle Abarca, one of his attorneys at the Florida Immigrant Advocacy Center.
In a March report, the advocacy group called healthcare at immigration lockups “poor and sometimes appalling.”
"Imagine explaining that to a child like him,” Abarca added.
“It’s very disturbing.”
Though the details of Selim’s case may be unusual, his plight is not.
JUVENILE COURTS
Undocumented children — and the parents who bring them here — have become a common demographic in South Florida’s juvenile courts. So common, in fact, that child welfare administrators have contracted with immigration attorneys to work full time at the Miami Children’s Courthouse.
Administrators at DCF and Our Kids, which provides foster care services for the state in Miami, declined to discuss Selim’s case, citing confidentiality. Our Kids has been overseeing the boy’s case, and is paying his attorneys to represent the teen before immigration authorities.
DCF Secretary George Sheldon told The Miami Herald Thursday he planned to speak with his counterpart at APD, Jim DeBeaugrine, to find an alternative to rendering the teen homeless.
"Let me go out on a limb and say that will not happen,” Sheldon said. “This kid will not be without services on July 11.”
John Newton, APD’s general counsel, also declined to discuss Selim’s case, citing the confidentiality of agency records.
In general, Newton said, ”the agency has no discretion” under state law to spend tax dollars on migrants without legal residency.
JAIL OR PRISON
In cases involving disabled people with challenging behaviors, Newton said, the likelihood is they will wind up in jail or prison — and, ultimately, right back on APD’s doorstep.
"This is a sad situation,” Newton said.
“This sounds like an individual who will end up in the system one way or another — probably after a lot of misery in the criminal justice system. It’s a shame that services can’t be delivered sooner.”
About 6-foot-2, with dark hair and olive skin, Selim can be warm and affectionate one moment — but then explode in a temper tantrum the next. He has rudimentary math skills and has trouble writing or spelling his name. A source who knows the boy said he is moderately mentally retarded, and suffers from a severe emotional disturbance.
Selim’s parents brought him to Miami in August 2001 from Turkey, and overstayed their tourist visa. His father abandoned the family two years later, his immigration attorneys say.
In the spring of 2008, Selim’s mother took him to Miami Children’s Hospital for care — and then essentially left him there, said Aidil Oscariz, one of his attorneys.
The mother, Oscariz said, was overwhelmed by Selim’s medical needs and difficult behaviors.
At the end of April 2008, Selim was declared a dependent of the state and placed in foster care with Our Kids, the private, not-for-profit agency that last month renewed its $95 million annual contract with DCF. He now lives in a group home where he receives round-the-clock care, medication and therapy.
Selim’s attorneys say he has flourished at the group home, and, recently, Miami-Dade Circuit Judge George Sarduy signed an order saying the child’s ”best interests” would be served by granting him legal residency.
LEGAL STATUS
Attorneys at the advocacy center are asking an immigration judge to grant the youth legal resident status, but unless the petition is granted, Selim could be detained by immigration authorities — a risk that petrifies his attorneys and caregivers. He also could end up homeless.
"It would destroy him,” said the source familiar with the boy’s case. “It would, literally, be like putting a 2-year-old child in the middle of an intersection. He has no idea how to fend for himself. Whatever progress he’s made would completely crumble.”
Source: http://www.miamiherald.com/news/miami-dade/story/1125524.html
Please share this news with friends, family and also with your contact list on Twitter, Facebook and MySpace.
Aged-out foster child faces possible homelessness The Autism News
My Two Cents -
Are they fuckin kidding me?
This "special needs" child has been a sourse of income to the State of Florida via the Title IV Federal funding for how many years while they claim he's here illegally and now WHAT?
I guess Immigration doesn't get the same federal funding that child services gets!
What a disgrace!
Refresh - Go to homepage
Being shown the door on your 18th birthday would prove daunting for any foster kid. Twenty percent end up homeless without public assistance.
For Selim, it would be disastrous: He has autism and mental retardation.
He can’t read or write, and speaks like a preschooler.
For about a year, Selim has been raised by the Department of Children & Families, which has spent $6,000 each month for his care at a North Miami group home for disabled children.
Child welfare administrators were hoping another state department, the Agency for Persons With Disabilities, would pay Selim’s bills when he ”aged out” of foster care.
But disability administrators say their hands are tied: Selim is in the United States illegally. And they cannot spend taxpayer dollars to pay for his care.
Time runs out for Selim on July 11, his 18th birthday.
"He could get picked up by immigration at any moment,” said Michelle Abarca, one of his attorneys at the Florida Immigrant Advocacy Center.
In a March report, the advocacy group called healthcare at immigration lockups “poor and sometimes appalling.”
"Imagine explaining that to a child like him,” Abarca added.
“It’s very disturbing.”
Though the details of Selim’s case may be unusual, his plight is not.
JUVENILE COURTS
Undocumented children — and the parents who bring them here — have become a common demographic in South Florida’s juvenile courts. So common, in fact, that child welfare administrators have contracted with immigration attorneys to work full time at the Miami Children’s Courthouse.
Administrators at DCF and Our Kids, which provides foster care services for the state in Miami, declined to discuss Selim’s case, citing confidentiality. Our Kids has been overseeing the boy’s case, and is paying his attorneys to represent the teen before immigration authorities.
DCF Secretary George Sheldon told The Miami Herald Thursday he planned to speak with his counterpart at APD, Jim DeBeaugrine, to find an alternative to rendering the teen homeless.
"Let me go out on a limb and say that will not happen,” Sheldon said. “This kid will not be without services on July 11.”
John Newton, APD’s general counsel, also declined to discuss Selim’s case, citing the confidentiality of agency records.
In general, Newton said, ”the agency has no discretion” under state law to spend tax dollars on migrants without legal residency.
JAIL OR PRISON
In cases involving disabled people with challenging behaviors, Newton said, the likelihood is they will wind up in jail or prison — and, ultimately, right back on APD’s doorstep.
"This is a sad situation,” Newton said.
“This sounds like an individual who will end up in the system one way or another — probably after a lot of misery in the criminal justice system. It’s a shame that services can’t be delivered sooner.”
About 6-foot-2, with dark hair and olive skin, Selim can be warm and affectionate one moment — but then explode in a temper tantrum the next. He has rudimentary math skills and has trouble writing or spelling his name. A source who knows the boy said he is moderately mentally retarded, and suffers from a severe emotional disturbance.
Selim’s parents brought him to Miami in August 2001 from Turkey, and overstayed their tourist visa. His father abandoned the family two years later, his immigration attorneys say.
In the spring of 2008, Selim’s mother took him to Miami Children’s Hospital for care — and then essentially left him there, said Aidil Oscariz, one of his attorneys.
The mother, Oscariz said, was overwhelmed by Selim’s medical needs and difficult behaviors.
At the end of April 2008, Selim was declared a dependent of the state and placed in foster care with Our Kids, the private, not-for-profit agency that last month renewed its $95 million annual contract with DCF. He now lives in a group home where he receives round-the-clock care, medication and therapy.
Selim’s attorneys say he has flourished at the group home, and, recently, Miami-Dade Circuit Judge George Sarduy signed an order saying the child’s ”best interests” would be served by granting him legal residency.
LEGAL STATUS
Attorneys at the advocacy center are asking an immigration judge to grant the youth legal resident status, but unless the petition is granted, Selim could be detained by immigration authorities — a risk that petrifies his attorneys and caregivers. He also could end up homeless.
"It would destroy him,” said the source familiar with the boy’s case. “It would, literally, be like putting a 2-year-old child in the middle of an intersection. He has no idea how to fend for himself. Whatever progress he’s made would completely crumble.”
Source: http://www.miamiherald.com/news/miami-dade/story/1125524.html
Please share this news with friends, family and also with your contact list on Twitter, Facebook and MySpace.
Aged-out foster child faces possible homelessness The Autism News
My Two Cents -
Are they fuckin kidding me?
This "special needs" child has been a sourse of income to the State of Florida via the Title IV Federal funding for how many years while they claim he's here illegally and now WHAT?
I guess Immigration doesn't get the same federal funding that child services gets!
What a disgrace!
Refresh - Go to homepage
Something worth sharing..
Todays blog is for all my fellow bloggers that make it their life mission to help others wake the fuck up and smell the coffee!
(Cheers mate)
Hmmm am I hangin out with my Jamacian born half raised in England, best friend to much - Cheers mate? Where o where did I get that phrase LOL
July 3, 2009
Pieces of Compassion
Capricorn Daily Horoscope from Daily OM
Feelings of altruism can direct you to take action where suffering is concerned today. You may feel a powerful desire to do your part to save the world on an individual level and thus find yourself seeking opportunities to help people in need. Your kindheartedness can serve you well as you apply your resources toward ensuring that others have a chance to realize their dreams. If you begin to question the effectiveness of your efforts, however, consider that you are likely not alone in your quest to better the planet. You can take solace in the fact that others are taking similar steps to improve the lot of disadvantaged individuals all over the world.
Our smallest charitable endeavors are vital to the movement for worldwide improvement because it is these pieces of compassion that come together to create the sweeping changes that beautify humanity. A unique and fascinating ripple effect is created when we go out of our way to ensure that others receive an opportunity to enjoy the blessings we have been given. Minor philanthropic efforts can touch the lives of both those who are impacted directly and those who are witnesses to acts of selfless giving. These individuals are then inspired to become vehicles of compassion when presented with chances to do good deeds. We may not see the effects of our influence, but we can take pride in spreading generosity through our choices. Your altruistic actions will help others understand the importance of giving today
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(Cheers mate)
Hmmm am I hangin out with my Jamacian born half raised in England, best friend to much - Cheers mate? Where o where did I get that phrase LOL
July 3, 2009
Pieces of Compassion
Capricorn Daily Horoscope from Daily OM
Feelings of altruism can direct you to take action where suffering is concerned today. You may feel a powerful desire to do your part to save the world on an individual level and thus find yourself seeking opportunities to help people in need. Your kindheartedness can serve you well as you apply your resources toward ensuring that others have a chance to realize their dreams. If you begin to question the effectiveness of your efforts, however, consider that you are likely not alone in your quest to better the planet. You can take solace in the fact that others are taking similar steps to improve the lot of disadvantaged individuals all over the world.
Our smallest charitable endeavors are vital to the movement for worldwide improvement because it is these pieces of compassion that come together to create the sweeping changes that beautify humanity. A unique and fascinating ripple effect is created when we go out of our way to ensure that others receive an opportunity to enjoy the blessings we have been given. Minor philanthropic efforts can touch the lives of both those who are impacted directly and those who are witnesses to acts of selfless giving. These individuals are then inspired to become vehicles of compassion when presented with chances to do good deeds. We may not see the effects of our influence, but we can take pride in spreading generosity through our choices. Your altruistic actions will help others understand the importance of giving today
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Register for your free email, or browse previous horoscopes
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