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Standing in the Shadow of LAW!

Copyright
© 2001-2017

About ~ Contents

 

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If you don't know your Rights. You have none.

About

An instructional manual of preventative and protective measures to help protect against and prepare for legal actions against you as a Foster, Adoptive, or Biological Parent. A road map, if you will, for the legal maneuverings  and allegations brought toward you as a Parent and/or those children you have a protective/parenting obligation to.
    To know and protect your rights and, if necessary, to organize your own case in a professional manner should there be a legal encounter for either you or the children.

      Either to assist your attorney or represent your self.

Contents
  ("Original" Publication)

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Chapter Title
Chapter 1. Administrative Law
Excerpts
Chapter 2. Our Rights are Being Trampled
Excerpts
Chapter 3. Intimidation 101
Excerpts
Chapter 4. The PRICE TAG That Lady Justice Wears
Excerpts
Chapter 5. Documentation.  How Important Is it?
Excerpts
Chapter 6. Creating Your Own Law Book
Excerpts
Reason for Law Book  ~Using Your Law Book
Chapter 7. News Article Collection
Excerpts
Chapter 8. Criminal Law
Excerpts
   Legal Terminology
(Web Version Only- Rev. 07/11)

All Rights Reserved
Standing in the Shadow of the Law

June 2010

Excerpts

Chapter 1-Administrative Law

"...There are vast differences between the Justice system you were taught in school and Administrative Law. When you sign the Agreement with whatever agency you have chosen; from that day forward, you are subject to the Rules and Regulations that this agency has put together for foster parents to follow. This is the “Shadow of Law” called Administrative Law.”

In our justice system, most of us realize that when we sign any contract we are entitled, BY LAW, to a copy of the Agreement or contract we just signed. But, for some reason, most foster parents do not associate becoming a foster parent with negotiating a legal contract such as a mortgage or a purchase agreement.

We, law-abiding citizens who most of the time have never been involved in this legal system, wind up depending on the agency to watch out for our rights involving our family and future while scrutinizing and mistrusting every move a used car salesman makes in selling us a mere piece of transportation .

Rights—like receiving a copy of the Agreement we have just signed, and receiving a copy of the manual on Rules and Regulations. We assume that they are aware of our rights, and so we move on, thinking we will take care of all this later...

Wrong!.."

To Contents

Chapter 2-Our Rights are Being Trampled

"..We the people have the Bill of Rights that was enacted by Congress and has been ratified by each state. The people who were the object of this act were ordinary people like you and me. They were farmers and craftsmen who that without protections within our democracy would fall victim to a government that would in a short time be altered to benefit only a few. The intention was to have these rights in place for all men and women not for just a few.

We can now find literally millions of pages extending, changing, altering and amending these basic rights given to all Americans. This is why it is impossible for anyone to keep up with these things. Even if your foster parents associations would furnish you with the statutes and codes for your state, which they don’t, you would still have to keep up with the revisions because they are constantly changing, being amended and revised.

It is absolutely essential that you keep the statues & codes for your state updated, even if just for your own knowledge..." (Related Reading>> State Summary Statutes by Topics)

To Contents

Chapter3-Intimidation 101

"..A.  Who Knew?

1. That anyone can pick up the phone and call in an allegation on you and the agency is required to investigate each one?

2. That many spouses are calling in allegations on the other parent that they are in the process of suing for or have received a divorce from?  It’s called getting even or winning custody.

3. That when you ask for a child to be removed from your home, and that this child can, even after leaving, make an accusation against you to get even for your rejection?

4. Your neighbor who thinks that having a foster care facility in her neighborhood is bringing the property values down. She picks up the phone and calls the hotline to report an alleged crime and your home is closed. Does the system prosecute those that call in fictitious allegations?

5. Answer: NO, they do not and accusers’ names and identities are protected. Does the fire department prosecute those falsely reporting a fire? Of course they do. Yet the people described above are protected?

B.  This does not make sense to me.

Remember the defense counsel’s cross-examination of the witness we used in previous pages? What would happen to that witness if he were proven to be lying on the stand? This is called perjury and is subject to prosecution in the criminal courts. Why does nothing happen to those who call in a false allegation?.."

To Contents

Chapter 4-The PRICE TAG That Lady Justice Wears

Our experience has been that those who have good attorneys, right from the beginning, tend to have their case determined, in initial hearings or through the appeal process, as unfounded, unsubstantiated or unindicated. In other words, not guilty.

We even have problems locating Attorneys in our Provider Law firms to service our members under our legal plan. Attorneys who are specialist or very competent in Administrative Law. They are hard to find.

What we do, most of the time, is ask one family law attorney to study up on Administrative Law to become familiar with it.  This way, he/she can represent our members when they call for help.  You can’t blame the attorneys, after spending many years in law school accruing student loans and even having a family to support, for not wanting to specialize in a branch of law that is geared to limited income individuals who have little or no assets to pay them.

To Contents

Chapter 5-Documentation.  How Important Is it?

"Even if absolutely nothing out-of-the-ordinary took place that day, make an entry to that effect.  Anything and everything from the first day of this placement in your home is significant.  Make a note of visitors that day: their names, the time they arrived and when they left.  Were all your children in school that day?  Was one child kept at home ill that day?  What were you doing while the visitor was present? Did you have a postal delivery that day?  Did you go to the bank or the post office that day?  Were your children with you, did you take them in with you?

Someday, one of these entries may save you from a false allegation of child abuse.  For instance:  Someone calls in an allegation of child abuse saying that you left your foster baby in the car while you ran into the post office to get your mail.  Your journal will state otherwise on that specific day (taken from an actual allegation case)."

To Contents

Chapter 6-Creating Your Own Law Book

1-Reason for Law Book

Please allow me explain the REASON for the law book.

As we have seen in the many examples of our fellow foster parents who have followed our methods of preparations in laying out their cases in what we describe on this group as our "LAW BOOKS" time and time again. We are to be ready to give an answer...that means that if we are asked a question in a courtroom setting we can simply _*turn to that month, that week, that day in our law books and *__*bingo we have the answer to the question that has just been asked of us*_. The organization is impressive to anyone who witnesses it, I myself have witnessed this mouth dropping event in a court of law.

Don't know if any of them are willing to share their own experiences with the LAW BOOK with us but I'm sure everyone would like to hear their stories on how being prepared helped with their cases. (Send Comments)

No one expects a lowly, uneducated foster parent to be able to defend themselves with such precise expertise and detail that any attorney would envy. This method has been proven time and time again as effective and impressive. If you follow it you will indeed be ready to give an answer as the Bible clearly tells us. You are in essence learning how to prepare not only your own case but to assist in helping other foster parents prepare their own cases. Your attorney will appreciate your intense organization and your work a great deal and the preparation that you do will one day come in handy, if not now in the future you will be happy you have already taken these steps.
Do it now while things are fresh in your memory.

The first thing you do is purchase a 4" loose leaf notebook.

On our NFPCAR Website, there are two webpages to start your search:

  1. Directors and References for your State Index

  2. Legislation and Statute Index State by State

  3. To organize your main points, here is download to a word processing file>> 5 Level Outline Template. Basic instructions on using an outline are on the template.

Go to your state.
There you will find the Foster Parent and Agency Policies & STATUTES for your state. You can either Download them to your PC. Or just print off or save only the ones pertaining to foster parents, place them into your law book.

The second thing you want to place in your law book is a copy of the investigative report, after you have gone through it with a fine tooth comb. This of course is after your attorney has obtained it. Highlight each and every word that you disagree with, everything that is an untruth, a lie, a stretch of the truth.

Then go back and gather proof of each and everything that you have highlighted to prove what you are saying is truth and that what is being said in this report is lies.

The Third thing you need in your law book is copies of your journal and dividers for months. Get the kind that has
pockets in the front of them for receipts. Divide the receipts into envelopes *one for each week in that month*. Paper clip each day together and place it into that weeks envelope. Make a list of each weeks receipts on separate sheet of paper and place them behind the pocket. Put the dates that it covers on the envelope in the pocket and the sheet of paper so that you can turn to that month and at a glance see your entire schedule for that week. Recreating your days at a glance through your receipts, check stubs, ATM receipts, etc.

I know that this is a lot of work but trust me when I say that someday you will be glad that you have taken the time to do this, and so will your attorney. Who knows that little foster daughter or foster son may someday return to you and want to sue CPS for damages that they have endured throughout their life and you will have the evidence for them to do so, keep this law book for them, tell your attorney you want this evidence back to keep for them for future use.

  • Remember, what Social workers **say is **automatically believed while whatever we as foster parents say must be backed up with documentation, WE MUST PROVE what we say is true.

  • You must be able to prove what you say is TRUTH without a shadow of a doubt. Doctors receipts, cash register receipts to re-create your day if need be. to offer proof of your whereabouts if need be. ie: a receipt that shows you were at the dry cleaners at 4:47 pm on Jan. 14th,2007 another receipt proves that you were then at Domino's Pizza picking up the pizza for a pizza party at your home at 5:23pm on Jan. 14th, 2007 then home for the party by 6:00 pm and there until 9:00 pm with your husband and 17 other children and their parents. Not in the parking lot of CVS at Gateway Mall, in Sparks Nevada, spanking Johnny at 6pm as was reported by an anonymous caller.

  • Think this allegation is going to go away? You get the idea? This is the importance of documentation and your "LAW BOOK". If you were in the courtroom and the investigation reported this incident as founded do you think that your receipts would prove otherwise? Of course your Law book would save the day.
     

  • So in summary,  Chapter 6 from Standing in the Shadow of the Law for Creating your own Law Book.

Insert from Keeper of the webfiles. Great place to start: State Statute Summary by Topics.

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2-Using Your Law Book

Here are a few suggestions.

  1. Start a support group....invite these people to join our Foster Parent Allegations Group....we are here to support anyone who needs our help....

  2. Set up a corner of your home as a resource center library for the use of this support group.

  3. As in our Foster Parent Allegations Yahoo  group, it helps you put together your LAW BOOK; and you can share it with others in your own little support group.

  4. Take up a collection within your little group and order a copy of the National Foster Parents Legal Manual that they produced, it contains valuable information that all foster parents should be aware of. This could be made available in your support group resource center corner too.

  5. Consider This
    A. Allegations the Storm that no One tells you is coming.
    B. Documentation, Just How Important is it?
    C. Administrative Law. Are you familiar with them in Your State?

  6. We will also send you FREE BROCHURES on our Foster Parents Legal Program. *IT IS OUR program,* and are the National Administrators for the program. PPL Underwrites it for us. Write to me privately and I will answer your questions. or Just call the office toll free at 1-877-FPA-CHILD (372-2445)



    To Other eReferences

Chapter 7-News Article Collection

A Collection of some of the articles that describe the many challenges we have when working with the agency.

Here is a statement from the Author of this Publication, that captures some of the concerns:

America’s Children Are at Risk 

Each and every branch of government has checks and balances in place to ensure that our persons in charge have someone to answer to. Someone to keep an eye on them, and keep them as honest as possible.  Why are there no such checks and balances for CPS?

I was sitting in the viewing balcony when I witnessed Arizona Legislator Ray Barnes stand up and say:  “We asked for a report on why D.E.S. (Department of Economic Security which oversees Child Protective Services) needed an additional appropriation of $27 million to get them out of the red.”

To date the Legislators had not received it. He went on to say: “I think it is about time you were made accountable to someone. You are accountable to us.  If we do not have an explanation of how you got yourself into this mess, then we say NO MORE MONEY until we have the explanation in-hand.”

I applauded this gutsy Arizona Legislator for having the courage to stand up to this powerful enemy of We the People.  It is time for this government created entity to be held accountable by We the People

If you agree, then write to your Congressman, Legislators, Senators and
let them know how you feel about this out-of-control bureaucracy

To Contents

Chapter 8-Criminal Law

Most of the parents I have gotten to know over the years have had little if any experience with this end of the justice system.  Like I said earlier, most have never been arrested, been in jail or even in some cases have never had a traffic ticket.  This form of law is for criminals.  Criminal persons who break the law, by stealing, robbing, murdering and raping.  Criminal Law does not apply to honest good people who only want to help children!

Please Understand
When an allegation filed on you and
 the impending investigation is completed:
Criminal Charges can be filed on you,
 or someone in your family

To Contents

Please visit our website

http://www.foster-parents-legal-solutions.com/

Come Back Soon for an UPDATE of the Index of the "Special Edition"
Includes:

  • National Foster Families Examiner Articles of Interest
  • Additional Recommended Readings
  • Appendices with valuable checklists and forms
  • PLUS an expansion of the many previous chapters

In the Mill, and as a FREE Bonus of "Legal Terminology"
for the purchase of this Special Edition,

 a PDF file is being created for Online and Offline use
email gpc.publication for further details

 

 

 

 

 
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