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PROVIDENCE Rhode Island: Oversight of children is set for review...



 
 
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Old August 3rd 07, 06:38 AM posted to alt.support.child-protective-services,alt.support.foster-parents,alt.dads-rights.unmoderated,alt.parenting.spanking
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Default 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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