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PROVIDENCE Rhode Island: Oversight of children is set for review...
Oversight of children is set for review
01:00 AM EDT on Friday, August 3, 2007 By Edward Fitzpatrick Journal Staff Writer http://www.projo.com/news/content/co...M.3397bce.html PROVIDENCE — A state Supreme Court justice this week refused to halt a ruling that allows Family Court to continue overseeing the cases of 600 or so 18-to-21-year-olds who entered state custody as dependent, neglected or abused children before July 1. But this fall, the high court will decide whether to hear an appeal by the state Department of Children, Youth and Families, which argues that Family Court no longer has jurisdiction over those young adults. For decades, children in state custody have remained under Family Court jurisdiction until they turn 21. But in passing this year’s state budget, the General Assembly followed Governor Carcieri’s recommendation and lowered the cutoff to age 18. In a test case last month, Family Court Chief Judge Jeremiah S. Jeremiah Jr. rejected the DCYF’s attempt to end Family Court involvement with Kenneth K., a 20-year-old resident of a state group home. Jeremiah said the budget-article legislation isn’t retroactive, so it can’t apply to Kenneth, who was under the court’s jurisdiction before the change took effect July 1. As a result of that ruling, the DCYF will still have Family Court oversight as it tries to provide services to 18-to-21-year-olds with half the money it had last year. The DCYF is asking the Supreme Court to review Jeremiah’s ruling, and this week it asked the Supreme Court’s duty justice, William P. Robinson III, to stay the ruling, pending the appeal. But Robinson denied the motion, saying the full court will consider the matter at a Sept. 6 conference. Kenneth K.’s court-appointed guardian, Rossie Lee Harris Jr., said Robinson’s decision “preserves the case at this point and allows us to get prepared for final arguments. In the interim, the children’s interests will be protected.” If the stay had been granted, Harris said, “Who knows what damage would have occurred to these young people? What was a right would have become a contract, and they would have been alone in dealing with the department — with no Family Court and with no guardian.” The Rhode Island Affiliate of the American Civil Liberties Union filed a friend-of-the-court brief opposing a stay. And Executive Director Steven Brown praised Robinson’s ruling, saying, “Family Court will still be able to have some oversight over these teens to be sure they are not all thrown out into the cold.” The DCYF’s deputy chief legal counsel, Andrew J. Johnson, said the state agency is not throwing people out in the cold. “For every child who is 18 and above, we have tried to devise a plan where they will have a roof over their head and medical coverage,” he said. “These are the basic things, and for those with disabilities, we have more in-depth plans.” Johnson said those individual plans include moving some young adults to their parents’ homes and moving others “from high-end expensive residential placements to less-expensive independent living programs.” Robinson’s ruling “does not mean we are prohibited from moving these young adults,” Johnson said. “We just need Family Court approval, and if anybody objects, then there will be a full court hearing.” In asking the Supreme Court to hear its appeal, the DCYF filed a legal memo, saying, “The Family Court’s decision to continue to exercise subject matter jurisdiction on such cases is clearly in excess of its statutory authority.” Also, DCYF lawyers Kevin J. Aucoin and Karen A. Clark wrote, “Family Court’s decision to retain subject matter jurisdiction in such cases will result in a budgetary deficit for DCYF in fiscal year 2008 and will interfere with the delivery of services for all children assigned to the custody of DCYF.” The Office of the Court Appointed Special Advocate filed a legal memo objecting to the appeal, saying the DCYF has said “funding is not an issue” in Kenneth K.’s case. “The department’s fiscal condition is irrelevant to this case,” appellate lawyer Frank P. Iacono wrote. “DCYF should turn off its smoke screen machine and admit to the fact that (the relevant section of state law) as amended lacks strong, clear language that the legislature intended the amendment to have a retroactive effect.” CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA WIRETAPPING PROGRAM.... CPS Does not protect children... It is sickening how many children are subject to abuse, neglect and even killed at the hands of Child Protective Services. every parent should read this .pdf from connecticut dcf watch... http://www.connecticutdcfwatch.com/8x11.pdf http://www.connecticutdcfwatch.com Number of Cases per 100,000 children in the US These numbers come from The National Center on Child Abuse and Neglect in Washington. (NCCAN) Recent numbers have increased significantly for CPS *Perpetrators of Maltreatment* Physical Abuse CPS 160, Parents 59 Sexual Abuse CPS 112, Parents 13 Neglect CPS 410, Parents 241 Medical Neglect CPS 14 Parents 12 Fatalities CPS 6.4, Parents 1.5 CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING HUNDREDS OF INNOCENT FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON... BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION... |
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