Child Support

Here's the place to discuss how to win in juvenile courtrooms.

Moderators: family_man, LindaJM

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Child Support

Postby Marina » Tue Dec 01, 2009 9:59 pm

http://www.examiner.com/x-27585-San-Die ... -dismissed

How to get your child support case dismissed
November 30, 3:49 PM
San Diego Courts Examiner
Gregory Smart


Child Support

Approximately a year ago the County of San Diego initiated a child support case against me for one of our children and one against my wife for our other child. To give you a little background, 14 months ago our children ages six months and two years were removed from our custody for emotional abuse. The details of this case are the subject of several past and future articles.

The County of San Diego receives approximately $4,000 per month per child in the form of federal Title IV social security funds for each child in the custody of Child Protective Services. From the $4,000 the County pays approximately $600 per child to the foster care provider the child is placed with. Regardless of the fact that the County receives federal social security money to cover the cost associated with foster care placement, the County interprets this payment as a loss and opens a child support action against the parents to recoup the $600 under the welfare reclamation clause. Once a child support order against the parents is granted, the County receives approximately $2.40 for every $1.00 of child support collected in the form of, yep you guessed it, federal Title IV social security funds.

Is it just me or does anyone else see a problem with this system? I think it is very clear that the county is triple dipping. As a matter of fact, I think it is so clear that I decided I was going to use my child support case to expose this corruption.

A few months ago I began submitting Freedom of Information Act requests and California Public Record Act requests to compile the information I would need to expose the corruption. I submitted multiple requests seeking multiple items. A good number of the actual requests and the responses I received can be found on www.crispe.org/forum

One of the contacts I have been working with is William Pettingill, Senior County Counsel for the County of San Diego. Last week I sat down and met with Mr. Pettingill at the County administration building. During our meeting I explained in detail my plan to expose the corruption in the county and explained exactly the information I was seeking. I also informed Mr. Pettingill that I would be utilizing the discovery process in court to obtain the information I could not obtain from him.

Now, this is where it gets interesting, today I received a phone call from a lady at the Department of Child Support Services. I was informed that an ex parte hearing was set to take place on December 2nd 2009 at 08:30 in Department 42. The purpose of the hearing is that the County suddenly wishes to have the child support action against me dismissed. I inquired as to why the county would seek dismissal and I was told “because there is good cause”

My question is this, is the term “good cause” synonymous with the term “our butt is about to be in a sling” I know many people in exactly the same situation as myself but none of their cases were dismissed. Over the past year nothing has changed in my case. I am doing nothing different now that I haven’t been doing all along. The only thing that happened was that I told the County my plan and that I know what information I need to support my allegations and that I know where to get it.

I will be going to court on Wednesday. I will let everyone know how it turns out. I am actually considering objecting to the dismissal of the case, but we will see.

If anyone else has a similar story of corruption in their local or state government please let me know. I would be very interested in helping you expose the issue.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Dec 23, 2009 8:49 am

Subject: CPRA and FOIA Request #------

Dear Mr. -----,
Please provide all requested information in electronic format

Pursuant to my rights under the California Public Records Act (CPRA) and FOIA, I ask to inspect the following as soon as possible:

1. Request name of point of contact(s) who will be providing me this information on behalf of the county with their name, phone, e-mail, agency. (Additionally we request that you forward this request to the correct point of contact as required)

2. The amount of Title IV money the County of ---- received for child welfare services cases in funds for 2009

3. The amount of Title IV money the County of ---- received for child welfare services cases in funds for 2008

4. The amount of Title IV money the County of ------ received for child welfare services cases in funds for 2007

5. The amount of Title IV money the County of ------ received for child welfare services cases in funds for 2006

6. The amount of Title IV money the County of ------ received for child welfare services cases in funds for 2005

7. The amount of Title IV money the County of ------ received for child welfare services cases in funds for 2004

8. The amount of Title IV money the County of -------- received for child welfare services cases in funds for 2003

9. The amount of Title IV money the County of ------ received for child welfare services cases in funds for 2002

10. The amount of Title IV money the County of ------ received for child welfare services cases in funds for 2001

11. The amount of Title IV money the County of ------ received for child welfare services cases in funds for 2000



If you do not have the records I have described, please forward this request to the person or people that do have the records and let me know by e-mail ------ @-----


what other agency or official is more likely to have them, and what if any related records you have that may be responsive to my request. As you may know, the following laws apply to this request.



Prompt Disclosure: Government Code Section 6253 (b), (d)

Records not exempt from disclosure are to be made "promptly available." No provision of the CPRA and FOIA, including the response periods noted below, "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records."



Deadlines: Government Code Section 6253 (c)



You are required "promptly" and in no case more than 10 calendar days from the date of this request, to determine, and inform me in writing, whether you are going to decline all or part of the request, and the law(s) that you are relying on, unless within that period you notify me in writing that you intend to take up to an additional 14 days to make the determination because of your need:



1. to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;


2. to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request;



3. for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein; or



4. to compile data, to write programming language or a computer program, or to construct a computer report to extract data.



Your notice must set forth "the reasons for the extension and the date on which a determination is expected to be dispatched." If you determine that any of the records I have requested are disclosable, your written notice must "state the estimated date and time when the records will be made available."


Constitutional Rule of Interpretation: Article I, Section 3 (b) and FOIA

The California Constitution requires that the Public Records Act "shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access." This rule must be heeded in interpreting any exemptions from disclosure you believe to be applicable.


Freedom of Information Act applies since county is accepting Title IV funding making all county departments subject to FOIA disclosures.



Fees: Government Code Section 6253 (b)

There is no fee chargeable for inspection of a record (Attorney General's Opinion No. 01-605).


Thank you for your prompt attention to this request. When the records are ready for inspection, or you have a determination letter prepared, please contact me by e-mail: ----- @------




Meanwhile, please let me know if you need further clarification. Refer to #----- when referring to this correspondence.

Each and every separate request should be handled individually regardless of the number of request sent or the information requested.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Dec 23, 2009 8:55 am

Subject: CPRA and FOIA Request #

Dear Mr. ------,
Please provide all requested information in electronic format.

Pursuant to my rights under the California Public Records Act (CPRA) and FOIA, I ask to inspect the following as soon as possible:


1. Request name of point of contact who will be providing me this information on behalf of the county with their name, phone, e-mail, agency. (Additionally we request that you forward this request to the correct point of contact as required)

2. The number of employees in the District Attorneys Office

3. The number of employees in the Public Defenders Office

4. The number of employees in the Alternate Public Defenders Office

5. The number of employees in the Independent Contract Office.



If you do not have the records I have described, please let me know by e-mail ------


what other agency or official is more likely to have them, and what if any related records you have that may be responsive to my request. As you may know, the following laws apply to this request.



Prompt Disclosure: Government Code Section 6253 (b), (d)

Records not exempt from disclosure are to be made "promptly available." No provision of the CPRA and FOIA, including the response periods noted below, "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records."



Deadlines: Government Code Section 6253 (c)



You are required "promptly" and in no case more than 10 calendar days from the date of this request, to determine, and inform me in writing, whether you are going to decline all or part of the request, and the law(s) that you are relying on, unless within that period you notify me in writing that you intend to take up to an additional 14 days to make the determination because of your need:



1. to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;


2. to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request;



3. for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein; or



4. to compile data, to write programming language or a computer program, or to construct a computer report to extract data.



Your notice must set forth "the reasons for the extension and the date on which a determination is expected to be dispatched." If you determine that any of the records I have requested are disclosable, your written notice must "state the estimated date and time when the records will be made available."


Constitutional Rule of Interpretation: Article I, Section 3 (b) and FOIA

The California Constitution requires that the Public Records Act "shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access." This rule must be heeded in interpreting any exemptions from disclosure you believe to be applicable.


Freedom of Information Act applies since county is accepting Title IV funding making all county departments subject to FOIA disclosures.



Fees: Government Code Section 6253 (b)

There is no fee chargeable for inspection of a record (Attorney General's Opinion No. 01-605).


Thank you for your prompt attention to this request. When the records are ready for inspection, or you have a determination letter prepared, please contact me by e-mail: ------


Meanwhile, please let me know if you need further clarification. Refer to # ------ when referring to this correspondence.

Each and every separate request should be handled individually regardless of the number of request sent or the information requested.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Dec 23, 2009 8:58 am

Subject: CPRA and FOIA Request #

ATTACHED LIST OF (1,000) EMPLOYEES

Dear Mr. Workman,
Please provide all requested information in electronic format

Pursuant to my rights under the California Public Records Act (CPRA) and FOIA, I ask to inspect the following as soon as possible:

1. Request name of point of contact(s) who will be providing me this information on behalf of the county with their name, phone, e-mail, agency. (Additionally we request that you forward this request to the correct point of contact as required)

2. Request the internet history for each individual on the attached list for the month of January 2009

3. Request the internet history for each individual on the attached list for the month of February 2009

4. Request the internet history for each individual on the attached list for the month of March 2009

5. Request the internet history for each individual on the attached list for the month of April 2009

6. Request the internet history for each individual on the attached list for the month of May 2009

7. Request the internet history for each individual on the attached list for the month of June 2009

8. Request the internet history for each individual on the attached list for the month of July 2009

9. Request the internet history for each individual on the attached list for the month of August 2009

10. Request the internet history for each individual on the attached list for the month of Sept 2009

11. Request the internet history for each individual on the attached list for the month of October 2008

12. Request the internet history for each individual on the attached list for the month of November 2008

13. Request the internet history for each individual on the attached list for the month of December 2008

If you do not have the records I have described, please forward this request to the person or people that do have the records and let me know by e-mail -----

what other agency or official is more likely to have them, and what if any related records you have that may be responsive to my request. As you may know, the following laws apply to this request.

Prompt Disclosure: Government Code Section 6253 (b), (d)

Records not exempt from disclosure are to be made "promptly available." No provision of the CPRA and FOIA, including the response periods noted below, "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records."



Deadlines: Government Code Section 6253 (c)



You are required "promptly" and in no case more than 10 calendar days from the date of this request, to determine, and inform me in writing, whether you are going to decline all or part of the request, and the law(s) that you are relying on, unless within that period you notify me in writing that you intend to take up to an additional 14 days to make the determination because of your need:



1. to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;


2. to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request;



3. for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein; or



4. to compile data, to write programming language or a computer program, or to construct a computer report to extract data.



Your notice must set forth "the reasons for the extension and the date on which a determination is expected to be dispatched." If you determine that any of the records I have requested are disclosable, your written notice must "state the estimated date and time when the records will be made available."


Constitutional Rule of Interpretation: Article I, Section 3 (b) and FOIA

The California Constitution requires that the Public Records Act "shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access." This rule must be heeded in interpreting any exemptions from disclosure you believe to be applicable.


Freedom of Information Act applies since county is accepting Title IV funding making all county departments subject to FOIA disclosures.



Fees: Government Code Section 6253 (b)

There is no fee chargeable for inspection of a record (Attorney General's Opinion No. 01-605).


Thank you for your prompt attention to this request. When the records are ready for inspection, or you have a determination letter prepared, please contact me by e-mail: ------




Meanwhile, please let me know if you need further clarification. Refer to #------ when referring to this correspondence.

Each and every separate request should be handled individually regardless of the number of request sent or the information requested.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Dec 23, 2009 9:02 am

Subject: CPRA and FOIA Request # ------
(ATTACHED LIST OF 1,000 COUNTY EMPLOYEES)

Dear ------,
Please provide all requested information in electronic format

Pursuant to my rights under the California Public Records Act (CPRA) and FOIA, I ask to inspect the following as soon as possible:

1. Request name of point of contact(s) who will be providing me this information on behalf of the county with their name, phone, e-mail, agency. (Additionally we request that you forward this request to the correct point of contact as required)

2. Request the number of sent emails for each individual on the attached list for the month of January 2009

3. Request the number of sent emails for each individual on the attached list for the month of February 2009

4. Request the number of sent emails for each individual on the attached list for the month of March 2009

5. Request the number of sent emails for each individual on the attached list for the month of April 2009

6. Request the number of sent emails for each individual on the attached list for the month of May 2009

7. Request the number of sent emails for each individual on the attached list for the month of June 2009

8. Request the number of sent emails for each individual on the attached list for the month of July 2009

9. Request the number of sent emails for each individual on the attached list for the month of August 2009

10. Request the number of sent emails for each individual on the attached list for the month of Sept 2009

11. Request the number of sent emails for each individual on the attached list for the month of October 2008

12. Request the number of sent emails for each individual on the attached list for the month of November 2008

13. Request the number of sent emails for each individual on the attached list for the month of December 2008

14. Request the number of received emails for each individual on the attached list for the month of January 2009

15. Request the number of received emails for each individual on the attached list for the month of February 2009

16. Request the number of received emails for each individual on the attached list for the month of March 2009

17. Request the number of received emails for each individual on the attached list for the month of April 2009

18. Request the number of received emails for each individual on the attached list for the month of May 2009

19. Request the number of received emails for each individual on the attached list for the month of June 2009

20. Request the number of received emails for each individual on the attached list for the month of July 2009

21. Request the number of received emails for each individual on the attached list for the month of August 2009

22. Request the number of received emails for each individual on the attached list for the month of Sept 2009

23. Request the number of received emails for each individual on the attached list for the month of October 2008

24. Request the number of received emails for each individual on the attached list for the month of November 2008

25. Request the number of received emails for each individual on the attached list for the month of December 2008



If you do not have the records I have described, please forward this request to the person or people that do have the records and let me know by e-mail ------


what other agency or official is more likely to have them, and what if any related records you have that may be responsive to my request. As you may know, the following laws apply to this request.



Prompt Disclosure: Government Code Section 6253 (b), (d)

Records not exempt from disclosure are to be made "promptly available." No provision of the CPRA and FOIA, including the response periods noted below, "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records."



Deadlines: Government Code Section 6253 (c)



You are required "promptly" and in no case more than 10 calendar days from the date of this request, to determine, and inform me in writing, whether you are going to decline all or part of the request, and the law(s) that you are relying on, unless within that period you notify me in writing that you intend to take up to an additional 14 days to make the determination because of your need:



1. to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;


2. to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request;



3. for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein; or



4. to compile data, to write programming language or a computer program, or to construct a computer report to extract data.



Your notice must set forth "the reasons for the extension and the date on which a determination is expected to be dispatched." If you determine that any of the records I have requested are disclosable, your written notice must "state the estimated date and time when the records will be made available."


Constitutional Rule of Interpretation: Article I, Section 3 (b) and FOIA

The California Constitution requires that the Public Records Act "shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access." This rule must be heeded in interpreting any exemptions from disclosure you believe to be applicable.


Freedom of Information Act applies since county is accepting Title IV funding making all county departments subject to FOIA disclosures.



Fees: Government Code Section 6253 (b)

There is no fee chargeable for inspection of a record (Attorney General's Opinion No. 01-605).


Thank you for your prompt attention to this request. When the records are ready for inspection, or you have a determination letter prepared, please contact me by e-mail: -----




Meanwhile, please let me know if you need further clarification. Refer to # ------ when referring to this correspondence.

Each and every separate request should be handled individually regardless of the number of request sent or the information requested.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Dec 23, 2009 9:05 am

Subject: CPRA and FOIA Request #

Dear -----,
Please provide all requested information in electronic format

Pursuant to my rights under the California Public Records Act (CPRA) and FOIA, I ask to inspect the following as soon as possible:

1. Request name of point of contact(s) who will be providing me this information on behalf of the county with their name, phone, e-mail, agency. (Additionally we request that you forward this request to the correct point of contact as required)

2. The number of cases child welfare services has received Title IV funds for 2000

3. The number of cases child welfare services has received Title IV funds for 2001

4. The number of cases child welfare services has received Title IV funds for 2002

5. The number of cases child welfare services has received Title IV funds for 2003

6. The number of cases child welfare services has received Title IV funds for 2004

7. The number of cases child welfare services has received Title IV funds for 2005

8. The number of cases child welfare services has received Title IV funds for 2006

9. The number of cases child welfare services has received Title IV funds for 2007

10. The number of cases child welfare services has received Title IV funds for 2008

11. The number of cases child welfare services has received Title IV funds for 2009


If you do not have the records I have described, please forward this request to the person or people that do have the records and let me know by e-mail ------


what other agency or official is more likely to have them, and what if any related records you have that may be responsive to my request. As you may know, the following laws apply to this request.



Prompt Disclosure: Government Code Section 6253 (b), (d)

Records not exempt from disclosure are to be made "promptly available." No provision of the CPRA and FOIA, including the response periods noted below, "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records."



Deadlines: Government Code Section 6253 (c)



You are required "promptly" and in no case more than 10 calendar days from the date of this request, to determine, and inform me in writing, whether you are going to decline all or part of the request, and the law(s) that you are relying on, unless within that period you notify me in writing that you intend to take up to an additional 14 days to make the determination because of your need:



1. to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;


2. to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request;



3. for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein; or



4. to compile data, to write programming language or a computer program, or to construct a computer report to extract data.



Your notice must set forth "the reasons for the extension and the date on which a determination is expected to be dispatched." If you determine that any of the records I have requested are disclosable, your written notice must "state the estimated date and time when the records will be made available."


Constitutional Rule of Interpretation: Article I, Section 3 (b) and FOIA

The California Constitution requires that the Public Records Act "shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access." This rule must be heeded in interpreting any exemptions from disclosure you believe to be applicable.


Freedom of Information Act applies since county is accepting Title IV funding making all county departments subject to FOIA disclosures.



Fees: Government Code Section 6253 (b)

There is no fee chargeable for inspection of a record (Attorney General's Opinion No. 01-605).


Thank you for your prompt attention to this request. When the records are ready for inspection, or you have a determination letter prepared, please contact me by e-mail: ------




Meanwhile, please let me know if you need further clarification. Refer to # ------ when referring to this correspondence.

Each and every separate request should be handled individually regardless of the number of request sent or the information requested.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Dec 23, 2009 9:11 am

(Not Gregory Smart)


RE: California Public Records Act (Government Code Section 6250 et seq.) and FOIA


Dear Mr. ------ (same public official as above),


Pursuant to my rights under the California Public Records Act (CPRA) and FOIA, I ask to inspect the following as
soon as possible:


1. Provide name of person responsible funds administrator for administering the Social Security Act Title IV-d funding.


2. Provide copies of budgets for FY 2008 to date of how Title IV-d money was spent and allocated.


3. Provide names of all Department of Child Support (DCSS) compensated $50,000 or more. In addition please provide their name, job title, Department, and salary.


4. Provide name, phone number, e-mail address of employee in DCSS that is responsible for reporting Title IV-d reimbursement back to the U.S. government.


5. Provide the name, phone number, e-mail address of employee in DCSS responsible for facilitating public records requests to the public.


6. Provide copies of all complaints written to DCSS or about DCSS to other agencies.


8. Provide the policy manual or operating manual DCSS employees are required to use.


9. Provide copies of all travel and expense report vouchers paid to DCSS employees CY2008 to present.


10. Provide the employee directory and recall rosters for all DCSS employees.


11. Provide any proposals or plans for spending any federal stimulus funds.


12. Provide copies of all DCSS department agenda and minutes of meeting January 1, 2009 to present.


13. Provide reports and policies of how Title IV-d money is being using by DCSS to compensate employees.


14. Provide names of San Diego County employees that are compensated by Title IV-d funding external to DCSS.


If you do not have the records I have described, please let me know by e-mail ------
what other agency or official is more likely to have them, and what if any related records you have that may be responsive to my request. As you may know, the following laws apply to this request.


Prompt Disclosure: Government Code Section 6253 (b), (d)
Records not exempt from disclosure are to be made "promptly available." No provision of the CPRA and FOIA, including the response periods noted below, "shall be construed to permit an agency to delay or obstruct the inspection or copying of public records."


Deadlines: Government Code Section 6253 (c)


You are required "promptly" and in no case more than 10 calendar days from the date of this request, to determine, and inform me in writing, whether you are going to decline all or part of the request, and the law(s) that you are relying on, unless within that period you notify me in writing that you intend to take up to an additional 14 days to make the determination because of your need:
1. to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;
2. to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request;
3. for consultation, which shall be conducted with all practicable speed, with another agency having substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein; or
4. to compile data, to write programming language or a computer program, or to construct a computer report to extract data.
Your notice must set forth "the reasons for the extension and the date on which a determination is expected to be dispatched." If you determine that any of the records I have requested are disclosable, your written notice must "state the estimated date and time when the records will be made available."


Constitutional Rule of Interpretation: Article I, Section 3 (b) and FOIA


The California Constitution requires that the Public Records Act "shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access." This rule must be heeded in interpreting any exemptions from disclosure you believe to be applicable.


Freedom of Information Act applies since county is accepting Title IV-d funding making all county departments subject to FOIA disclosures.


Fees: Government Code Section 6253 (b)


There is no fee chargeable for inspection of a record (Attorney General's Opinion No. 01-605).


Thank you for your prompt attention to this request. When the records are ready for inspection, or you have a determination letter prepared, please contact me by e-mail: ------.


Meanwhile, please let me know if you need further clarification.



Sincerely,

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Dec 23, 2009 9:13 am

I am a researcher and seek info from your dept. I was referred your name from Assembly Member ----- office.

Pursuant to my rights under the California Public Records Act (CPRA) and FOIA, I ask to inspect the following as soon as possible:



1. Request copies of all reports regarding suspension of drivers licenses for failure to pay child support statistics from 2000 to present. Please break it down by calendar year, gender, race, age, and county. Please provide in electronic excel or access format if available.

2. Please provide the policy and procedures of the process of how a drivers license suspension is processed.

3. Please provide the dollar amount of how much it costs to have a drivers license suspended by the dept on an annual basis.

4. Please provide names of authorized DCSS employees that have DMV accounts to suspend and reinstate licenses.


5. Request name of point of contact who will be providing me this information on behalf of the agency with their name, phone, e-mail, agency.





If you do not have the records I have described, please let me know by e-mail ------

...

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Dec 23, 2009 9:15 am

Mr. ------,

CPRA and FOIA Request #------



Please provide all requested information in electronic format

Pursuant to my rights under the California Public Records Act (CPRA) and FOIA, I ask to inspect the following as soon as possible:

1. Request name of point of contact(s) who will be providing me this information on behalf of the state with their name, phone, e-mail, agency. (Additionally we request that you forward this request to the correct point of contact as required)

2. The process and guidelines for suspending driver's licenses on Child Support cases

3. The number of males in the state of California that currently have their Drivers License suspended as the result of a child support case.

4. The number of females in the state of California that currently have their Drivers License suspended as the result of a child support case.

If you do not have the records I have described, please forward this request to the person or people that do have the records and let me know by e-mail -----

...

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Wed Dec 23, 2009 9:31 am

.
.
How to get your child support case dismissed - Part II

December 2, 8:23 PM
San Diego Courts Examiner
Gregory Smart


I appeared in court today on my child support case. The County moved for dismissal and I objected. The details of the thirty-five minute ex parte hearing are really quite interesting and while I am not going to discuss them in detail here, I may post them on a website at a later date.

To make a long story short the judge ultimately dismissed my case without prejudice. The explanation I was given was that the case was dismissed because the child support court did not have jurisdiction to issue a child support order against me because I contested parentage of the child and the issue of parentage is within the jurisdiction of the dependency court at this time.

The reason that does not make any sense to me is because at the same time that my hearing was being held they were dismissing the child support case against my wife in the courtroom next door to mine. I am reasonably certain that she did not and could not have contested parentage.

The "official" rule cited in todays hearing was California Rules of Court, Rule 5.635. I have included the rule below for your reading pleasure.

Cal Rules of Court, Rule 5.635


*** THIS REFLECTS ALL CHANGES RECEIVED THROUGH AUGUST 28, 2008 ***

CALIFORNIA RULES OF COURT (Reorganized and Effective January 1, 2007)
Title 5. Family and Juvenile Rules
Division 3. Juvenile Rules
Chapter 9. Parentage

Cal Rules of Court, Rule 5.635 (2008)

NOTICE: This rule is effective January 1, 2007. For the text of this rule as it read prior to the 2007 revision, see Rule 1413.

Rule 5.635. Parentage

(a) Authority to declare; duty to inquire (§§ 316.2, 726.4) The juvenile court has a duty to inquire about and, if not otherwise determined, to attempt to determine the parentage of each child who is the subject of a petition filed under section 300, 601, or 602. The court may establish and enter a judgment of parentage. Once a petition has been filed to declare a child a dependent or ward, and until the petition is dismissed or dependency or wardship is terminated, the juvenile court with jurisdiction of the action has exclusive jurisdiction to hear an action filed under Family Code section 7630 or 7631.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2001, and January 1, 2006.)

(b) Parentage inquiry (§§ 316.2, 726.4) At the initial hearing on a petition filed under section 300, 601, or 602, and at hearings thereafter until or unless parentage has been established, the court must inquire of the child's parents present at the hearing and of any other appropriate person present as to the identity and address of any and all presumed or alleged parents of the child. Questions, at the discretion of the court, may include the following and others that may provide information regarding parentage:

(1) Has there been a judgment of parentage?

(2) Was the mother married or did she have a registered domestic partner at or after the time of conception?

(3) Did the mother believe she was married or believe she had a registered domestic partner at or after the time of conception?

(4) Was the mother cohabiting with another adult at the time of conception?


(5) Has the mother received support payments or promises of support for the child or for herself during her pregnancy or after the birth of the child?

(6) Has a man formally or informally acknowledged paternity, including the execution and filing of a voluntary declaration of paternity under Family Code section 7570 et seq., and agreed to have his name placed on the child's birth certificate?

(7) Have genetic tests been administered, and, if so, what were the results?

(8) Has the child been raised jointly with another adult or in any other co-parenting arrangement?

(Subd (b) amended effective January 1, 2007; adopted effective January 1, 2001; previously amended effective January 1, 2006.)

(c) Voluntary declaration If a voluntary declaration as described in Family Code section 7570 et seq. has been executed and filed with the California Department of Social Services, the declaration establishes the paternity of a child and has the same force and effect as a judgment of paternity by a court. A man is presumed to be the father of the child under Family Code section 7611 if the voluntary declaration has been properly executed and filed.

(Subd (c) amended effective January 1, 2007; adopted effective January 1, 2001; previously amended effective January 1, 2006, and July 1, 2006.)

(d) Issue raised; inquiry If, at any proceeding regarding the child, the issue of parentage is addressed by the court:

(1) The court must ask the parent or the person alleging parentage, and others present, whether any parentage finding has been made, and, if so, what court made it, or whether a voluntary declaration has been executed and filed under the Family Code;

(2) The court must direct the court clerk to prepare and transmit Parentage Inquiry--Juvenile (form JV-500) to the local child support agency requesting an inquiry regarding whether or not parentage has been established through any superior court order or judgment or through the execution and filing of a voluntary declaration under the Family Code;

(3) The office of child support enforcement must prepare and return the completed Parentage Inquiry--Juvenile (form JV-500) within 25 judicial days, with certified copies of such order or judgment or proof of the filing of a voluntary declaration attached; and

(4) The juvenile court must take judicial notice of the prior determination of parentage.

(Subd (d) amended effective January 1, 2007; adopted as subd (b) effective July 1, 1995; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

(e) No prior determination If the local child support agency states, or if the court determines through statements of the parties or other evidence, that there has been no prior determination of parentage of the child, the juvenile court must take appropriate steps to make such a determination.

(1) The alleged father and his counsel must complete and submit Statement Regarding Paternity (Juvenile Dependency) (form JV-505). Form JV-505 must be made available in the courtroom.

(2) To determine parentage, the juvenile court may order the child and any alleged parents to submit to genetic tests and proceed under Family Code section 7550 et seq.

(3) The court may make its determination of parentage or nonparentage based on the testimony, declarations, or statements of the alleged parents. The court must advise any alleged parent indicating a wish to be declared the parent of the child that if parentage is declared, the declared parent will have responsibility for the financial support of the child, and, if the child receives welfare benefits, the declared parent may be subject to an action to obtain support payments.

(Subd (e) amended effective January 1, 2007; adopted as subd (c) effective July 1, 1995; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

(f) Notice to office of child support enforcement If the court establishes parentage of the child, the court must sign and then direct the clerk to transmit Parentage-Finding and Judgment (form JV-501) to the local child support agency.

(Subd (f) amended effective January 1, 2007; adopted as subd (d) effective July 1, 1995; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

(g) Dependency and delinquency; notice to alleged parents If, after inquiry by the court or through other information obtained by the county welfare department or probation department, one or more persons are identified as alleged parents of a child for whom a petition under section 300, 601, or 602 has been filed, the clerk must provide to each named alleged parent, at the last known address, by certified mail, return receipt requested, a copy of the petition, notice of the next scheduled hearing, and Statement Regarding Parentage (Juvenile) (form JV-505) unless:

(1) The petition has been dismissed;

(2) Dependency or wardship has been terminated;

(3) The parent has previously filed a form JV-505 denying parentage and waiving further notice; or

(4) The parent has relinquished custody of the child to the county welfare department.

(Subd (g) amended effective January 1, 2007; adopted as subd (e) effective July 1, 1995; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)


(h) Dependency and delinquency; alleged parents (§§ 316.2, 726.4) If a person appears at a hearing in dependency matter or at a hearing under section 601 or 602 and requests a judgment of parentage on form JV-505, the court must determine:

(1) Whether that person is the biological parent of the child; and

(2) Whether that person is the presumed parent of the child, if that finding is requested.

(Subd (h) amended effective January 1, 2007; adopted as subd (f) effective January 1, 1999; previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Fri Jan 01, 2010 11:30 pm

.

http://adoptionchildwelfarelaw.org/case ... php?id=720

WEST VIRGINIA: In Re Ryan B.
11.12.2009 | Termination of Parental Rights

In a consolidated opinion, the Supreme Court of Appeals of West Virginia reversed the Harrison County Circuit Court’s judgment denying appellant mother’s request for child support from her child’s father whose parental rights had been voluntarily terminated and, in the second reviewed case, affirmed the Harrison County Circuit Court’s judgment requiring the child’s father to pay child support after his rights had been terminated. The court held that a 2006 amendment to W.Va. Code, § 49-6-5(a)(6) did not change the requirement that a parent whose rights had been terminated in an abuse or and neglect proceeding must continue to pay child support for that child unless the court finds that continued payment is not in the child’s best interest. The court noted that the best interest of the child was the pole star by which all proceedings involving children must be decided and allowing a parent who voluntarily relinquishes his or her parental rights to avoid paying child support would not be in the child’s best interest. In addition, the court held that if the circuit court, in a rare instance, finds that requiring child support would not be in the child’s best interest, it may deviate from the Guidelines for Child Support found in the West Virginia statues, but it must make a clear finding on record explaining its reasoning behind the decision. Finally, the court held that the circuit court, not the family court, maintains jurisdiction over the child support order even after the abuse and neglect proceeding has concluded.
Cite: No. 34598, No. 34704; 2009 W. Va. LEXIS 96 (W.Va., October 29, 2009)

Link to Full Opinion
http://www.state.wv.us/wvsca/docs/fall0 ... _34704.htm

.

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Jan 02, 2010 11:11 am

.

http://www.courts.state.ny.us/ad4/LG/Ca ... igest1.pdf

page 5

Dismissal of Petition to Modify Child Support Reversed

Family Court dismissed for failure to state a cause of action father’s petition, which
sought to modify his child support order. The Appellate Division reversed and remitted
the case. Petitioner established a prima facie case for relief by submitting evidentiary
material that established that his daughter abandoned him. His submissions in support
of the petition established that his repeated attempts at communication with his
daughter had been refused and that she expressed a clear wish to have nothing to do
with him. At the “hearing” the court did not permit petitioner to testify or otherwise
present any other sworn testimony, and thus the hearing to which petitioner was entitled
was inherently flawed.
Matter of Garcia v Barie, 59 AD3d 1090 (4th Dept 2009)

.

sharon326
Posts: 5
Joined: Sun Sep 19, 2010 3:00 am

Re: Child Support

Postby sharon326 » Fri Sep 24, 2010 4:19 pm

JUST RECENTLY I HAVE BEEN PRESENTED WITH THIS SAME PROBLEM THE DEPARTMENT OF HUMAN SERVICES IN PHILADELPHIA, HAS DECIDED THAT WE START PAYING CHILD SUPPORT. MY SON IS IN A MEDICAL FACILITY, WHICH IS PAID FOR BY OUR INSURANCE, WE PAY FOR EVERYTHING THAT HE HAS. DHS PAYS FOR NOTHING! HOW DO I GET INFORMATION ON PENNSYLVANIA LAWS REGARDING DHS AND CHILD SUPPORT. COULD SOMEONE GIVE ME MORE INFO ON TITLE IV AND SOCIAL SECURITY.

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Re: Child Support

Postby Dazeemay » Sat Sep 25, 2010 7:53 pm

Well, I do know that they make parents pay for child support, which is illegal.

Here is a site that I found where you can appeal this https://www.humanservices.state.pa.us/c ... x#TOCDLink

It is B 2 and 3

This is as much as I know about it.
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

sharon326
Posts: 5
Joined: Sun Sep 19, 2010 3:00 am

Re: Child Support

Postby sharon326 » Wed Sep 29, 2010 2:15 am

Dazeemay wrote:Well, I do know that they make parents pay for child support, which is illegal.

Here is a site that I found where you can appeal this https://www.humanservices.state.pa.us/c ... x#TOCDLink

It is B 2 and 3

This is as much as I know about it.



i'd like to thank you for answering my question. it's so hard trying to get advice

sharon326
Posts: 5
Joined: Sun Sep 19, 2010 3:00 am

Re: locked away like a criminal

Postby sharon326 » Wed Sep 29, 2010 2:33 am

MY SON WAS DIAGNOSED IN 2007 WITH DIABETES. HE WAS 12 AT THE TIME. MY SON LOVES SWEETS AND JUNKFOOD. ITS HARD FOR HIM TO TOTALLY GIVE UP THE HABIT. WELL FOR THE LAST 2 YEARS DHS HAS BEEN HOUNDING HIM BECAUSE HIS LEVELS GETS TO HIGH SOME TIMES. TO MAKE A LONG STORY SHORT. THEY USED A INCIDENT THAT HAPPENED AT SCHOOL WITH HIS FATHER TO PUT HIM AWAY. MY SON CUSSED HIS TEACHER OUT AND HIS FATHER WENT TO THE SCHOOL TO SEE WHAT WAS GOING ON. HE POPPED HIS UPSIDE THE HEAD. THE SCHOOL SECURITY GAURD CALLED DHS AND THEY AUTOMATICLY PUT HIM IN PLACEMENT! IT WAS SUPOOSED TO BE A MEDICAL FACILITY FOR KIDS WITH DIABETES. BUT IT ISNT. THEY PUT HIM IN A PLACE FOR KIDS WITH MENTAL ILLNESSES. THE KIDS ALL ARE DRUGGED UP AND WALKING AROUND LIKE ZOMBIES. SINCE MY SON HAS BEEN THERE. HE HAS BEEN RESTRAINED 3 TIMES BY STAFF. HIS THUMB WAS BROKEN BY A STAFF MEMBER.THROWN ON THE FLOOR- ARRESTED BECAUSE HE TRIED TO RUN AWAY. HE FIGHTS STAFF AND TALKS BACK TO THEM IN AN EFFORT TO PROTECT HIMSELF. I LIVE IN PHILADELPHIA. DOES ANYONE KNOW OF A LAWYER WHO IS LICENSED TO PRACTICE IN PHILA. TO HELP ME GET HIM OUT OF THERE. PLEASE I FEEL THAT SOMETHING BAD IS GOING TO HAPPEN TO MAY SON IF HE DOES'NT GET OUT OF THAT PRISON VERY SOON. I KEEP HAVING DREAMS OF HIM DYING. AND IT'S SCARING ME. IF ANYONE KNOWS PLEASE SEND INFO.

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Re: Child Support

Postby Dazeemay » Wed Sep 29, 2010 8:47 am

Sarah Katz- Pennsylvania
Staff Attorney, Family Advocacy Unit
Community Legal Services
1424 Chestnut Street, 4th Floor
Philadelphia, PA 19102
(215) 981-3783
Email: [email protected]

===========================
http://www.familyrightsassociation.com/info/law/

Here is the law for spanking in PA
PENNSYLVANIA

Parents can use reasonable supervision and control when raising their children.23 Sec. 6302.[Ci.] Parent/guardian/person responsible for general care and supervision/ person acting at request of the above may use force for the purpose of safeguarding or promoting welfare of minor including the prevention or punishment of his misconduct, if the force is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain, mental distress, or gross degradation. 18 Sec. 509.[Cr.]
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1


Return to “Juvenile Court”

Who is online

Users browsing this forum: No registered users and 5 guests