Declaration of Facts: ideas

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Marina
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Declaration of Facts: ideas

Postby Marina » Mon Jun 19, 2006 5:56 am

Adversarial system of Law

http://en.wikipedia.org/wiki/Adversarial_system

By contrast, while defendants in most civil law systems can be compelled to give a statement, this statement is not subject to cross-examination and not given under oath. This allows the defendant to explain his side of the case without being subject to cross-examination by a skilled opposition.

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Statement of Facts should not contain arguments

http://www.state.il.us/court/Opinions/A ... 040668.htm

(appellant's brief must contain an accurate statement of facts, without argument, necessary to an understanding of the case). Accordingly, we strike the irrelevant portions of respondent's brief."

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Congressional hearing -- CPS must file statement of facts

http://waysandmeans.house.gov/hearings. ... ly&id=1143

"HSLDA quickly opposed this motion, since the court would have to rule blindly on whether to grant a warrant. We argued that the constitutional right to due process requires that parties be informed of the factual basis for allegations against them before a hearing so that they may be able to prepare. Indiana law has long recognized that parents have a right to know the nature of the allegations against them before a hearing. Under state law, when the attorney filed the motion with the court, he was supposed to also file a statement of facts explaining the allegations. In addition, under Indiana law, anonymous tips are not sufficient for a court to issue a warrant."


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Timely filing of Statement of Facts

http://www.ishipress.com/baker-re.htm

At an April, 1990 TPR hearing, a jury determined that if the children were returned to their parents, they would be endangered. Their parental rights were terminated. Both Sabahete and Sadri appealed, alleging that they should have been provided an adequate interpreter and that they should have been provided separate counsel. However, their attorney did not submit a statement of facts in a timely manner, and the Court of Appeals consequently did not vacate the decision.

The Krasniqis argued that the denial of their motion simply because the statement of facts was late violated their right to due process and also that they had been deprived of effective assistance of counsel. Again, their appeal was denied. Their parental rights were thus permanently terminated.

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Use the Child Welfare Information Gateway, list of topics on left of main page, as an outline. This is the government site for information on Child Welfare.

http://www.childwelfare.gov/


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Link for state statutes is also on the main page.

http://www.childwelfare.gov/systemwide/ ... /index.cfm
Last edited by Marina on Sun Oct 22, 2006 10:33 am, edited 6 times in total.

Marina
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NJ Model for Investigations, source for Dec. of Facts

Postby Marina » Mon Jun 19, 2006 7:59 pm

deleted
Last edited by Marina on Sun Oct 22, 2006 10:31 am, edited 1 time in total.

Marina
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Statement - class action, victims of domestic violence

Postby Marina » Wed Jun 28, 2006 9:39 am

Moved to another section
Last edited by Marina on Sun Oct 22, 2006 10:30 am, edited 1 time in total.

Marina
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Psychologist Affidavit

Postby Marina » Tue Jul 18, 2006 6:44 am

Moved to another section
Last edited by Marina on Sun Oct 22, 2006 10:30 am, edited 1 time in total.

Marina
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Postby Marina » Wed Sep 20, 2006 7:48 pm

In my opinion, every Declaration of Facts should begin like this:

Legal Rights

---- It is the legal duty of Child Protective Services workers to protect the constitutional and statutory rights of families from the initial time of contact during investigation through treatment.


U.S. Code
TITLE 42 > CHAPTER 67 > SUBCHAPTER I > § 5106

§ 5106. Grants to States and public or private agencies and organizations

(F) for the training of personnel regarding the legal duties of such personnel and their responsibilities to protect the legal rights of children and families;

http://www4.law.cornell.edu/uscode/html ... -000-.html

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Deprivation of Rights

---- Every person who, under color of law, subjects any citizen to the deprivation of any rights shall be liable to the party injured.

“TITLE 42 > CHAPTER 21 > SUBCHAPTER I > § 1983

§ 1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured.”

http://www.law.cornell.edu/uscode/html/ ... -000-.html

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Due Process

---- The parents have committed no crimes. There have been no criminal charges, trial, jury, criminal accusation, or confrontation with the witnesses who made the accusations.

Amendment VI of the US Constitution
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

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Unsubstantiated reports

---- Families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect.

2.1A.2 CAPTA, Assurances and Requirements, Access to Child Abuse and Neglect Information, Expungement
02/03/2005 - 04/17/2006

Question
How will States be able to determine whether a pattern of abuse or neglect exists if unsubstantiated records must be expunged? While the statute allows these records to be kept in casework files, if the files are not maintained in a central location, previous unsubstantiated report(s) may go undetected if a subsequent report comes into another office, or even another worker.

Answer

The impetus behind the expungement requirement was the concern of Congress that families are negatively and sometimes unjustly affected by maintenance of public records of unsubstantiated allegations of abuse or neglect. However, it was not the intent of Congress to prevent CPS agencies from keeping information on unsubstantiated reports for use in future risk and safety assessments (Senate Report 104-117, dated July 10, 1995, p. 14). While CAPTA requires prompt expungement of records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated, they also allow CPS agencies to retain information on unsubstantiated reports in their casework files.
2. Since the issue for Congress is disclosure of information regarding cases that are unsubstantiated or unfounded, this requirement should not adversely affect a State''s ability to determine possible cumulative harm. For instance, a State could choose to implement a system which would consider an unsubstantiated case "expunged" for any purpose other than investigation of a new report. This should be possible even in States where casework files are computerized.

http://www.acf.hhs.gov/j2ee/programs/cb ... itID=66#66

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----- Federal law requires that services provided by social agencies are supposed to help families.

Definitions

§ 629a. Definitions
http://www4.law.cornell.edu/uscode/html ... a000-.html

The term “family preservation services” means services for children and families designed to help families

(A) service programs designed to help children—
(i) where safe and appropriate, return to families from which they have been removed

(B) preplacement preventive services programs, such as intensive family preservation programs, designed to help children at risk of foster care placement remain safely with their families

(2) Family support services
The term “family support services” means community-based services to promote the safety and well-being of children and families designed to increase the strength and stability of families...

to increase parents’ confidence and competence in their parenting abilities, to afford children a safe, stable, and supportive family environment, to strengthen parental relationships and promote healthy marriages, and otherwise to enhance child development.

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---- Federal law requires that social agencies' purpose is to strengthen and preserve intact families.

Purpose

§ 629. Findings and purpose
http://www4.law.cornell.edu/uscode/html ... -000-.html

to strengthen families

prompt availability of appropriate services

preserve intact families

To address the problems of families whose children have been placed in foster care so that reunification may occur in a safe and stable manner

Marina
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Postby Marina » Thu Sep 28, 2006 7:14 am

http://www.acf.hhs.gov/j2ee/programs/cb ... p?QAId=787

8.1D TITLE IV-E, Administrative Functions/Costs, Candidates

2. At what point may a child be considered a candidate for foster care?

8.1D TITLE IV-E, Administrative Functions/Costs, Candidates

2. At what point may a child be considered a candidate for foster care?

Clearly, if the State agency has initiated court proceedings to effect the child's removal from home, s/he is at serious risk of removal from the home...

The DAB also ruled in Decision No. 1428 that a report of child abuse or neglect is insufficient for establishing a child's candidacy for foster care: "...The fact that a child is the subject of [a child abuse/neglect report] falls far short of establishing that the child is at serious risk of placement in foster care and thus of becoming eligible for IV-E assistance..." A candidate, in the opinion of the DAB, is a child who is at serious risk of removal from his/her home because the State is either pursuing that removal or attempting to prevent it. A child cannot be considered a candidate for foster care when the State agency has no formal involvement with the child or simply because s/he has been described as "at risk" due to circumstances such as social/interpersonal problems or a dysfunctional home environment.

KMH
Posts: 2
Joined: Tue Aug 09, 2011 1:38 pm

Re: Declaration of Facts: ideas

Postby KMH » Fri Aug 12, 2011 12:36 pm

Should I use a "Declaration of Facts" or an "Answer to Complaint" to refute CPS' "facts" and charges? I'm in California.


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