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Dec 24, 2009

The Night before Christmas for Moms  

It was the night before Christmas, when all thru the abode
Only one creature was stirring, and she was cleaning the commode.
The children were finally sleeping, all snug in their beds,
While visions of IPods and Barbie, flipped through their heads.

The dad was snoring in front of the TV,
With a half-constructed bicycle on his knee.
So only the mom heard the reindeer hooves clatter,
Which made her sigh, "Now what's the matter?"

With toilet bowl brush still clutched in her hand,
She descended the stairs, and saw the old man.
He was covered with ashes and soot, which fell with a shrug.
"Oh great," muttered the mom, "Now I have to clean the rug."

"Ho-ho-ho!" cried Santa, "I'm glad you're awake."
"Your gift was especially difficult to make."
"Thanks, Santa, but all I want is some time alone."
"Exactly!" he chuckled, "I've made you a clone."

"A clone?" she asked, "What good is that?
Run along, Santa, I've no time for chit-chat."
The mother's twin. Same hair, same eyes,
Same double chin.

"She'll cook, she'll dust," She'll mop every mess.
You'll relax, take it easy, Watch The Young & The Restless." "Fantastic!" the mom cheered. "My dream come true!
"I'll shop. I'll read., I'll sleep a whole night through! "

From the room above, the youngest began to fret.
"Mommy?! I scared... and I am wet."
The clone replied, "I'm coming, sweetheart."
"Hey," the mom smiled, "She knows her part."

The clone changed the small one, and hummed a tune,
as she bundled the child, in a blanket cocoon.
"You the best mommy ever. " I really love you."
The clone smiled and sighed, "I love you, too."

 The mom frowned and said, "Sorry, Santa, no deal. "
That's my child's love, she's trying to steal."
Smiling wisely Santa said, "To me it is clear, "
Only one loving mother, is needed here."

The mom kissed her child, and tucked her into bed.
"Thank you, Santa, for clearing my head.
I sometimes forget, it won't be very long,
When they'll be too old, for my cradle-song."

The clock on the mantle began to chime.
Santa whispered to the clone, "It works every time."
With the clone by his side Santa said, "Goodnight. Merry Christmas, Mom, You'll be all right."

 

Visibility: Everyone
Tags:
Posted: Dec 24, 2009 10:55pm
Aug 17, 2009
Focus: Family
Action Request: Visit - online
Location: United States

http://batteredmomslosecustody.wordpress.com/2009/02/24/maternal-deprivation-research/

  • History of domestic abuse that could be physical, psychological, sexual, and/or social abuse occurring on or off again, occasionally, or chronically which could be mild, moderate, or severe, including homicidal and/or suicidal threats. 
  • Legal proceedings relating to abuse
  • Hiring of “Fathers Rights” attorney
  • Use of “Hired Gun” mental health professionals to make accusations of psychological disorder against the mother and children in deliberate effort to excuse abuse and change custody or grant visitation that is contrary to safety concerns. Another name for these unethical professionals are “Whores of the Courts
  • Raising claims of &ldquosychological disorders” against the mother such as “Parental Alienation Syndrome” (PA, Munchausen by Proxy Syndrome, Malicious Mother Syndrome, Lying Litigant Syndrome, Hostile Aggressive Parenting or any other mother-blaming psychological disorder that can be used by the unethical professional to re-victimize the victims.
  • Infliction of “Legal Abuse” by continually and excessively filing motions so that the mother continually has to defend herself and her child(ren) causing financial and emotional devastation.
  • Can occur in response to child support legal proceedings as retaliation.

Maternal Deprivation can also occur in response to child support legal proceedings. When occurring in this manner, Maternal Deprivation is a response to the financial demands as retaliation. Suddenly the father who had little prior involvement wants to take the kids half the time to avoid child support obligations, etc. When the men are really abusive, they ask for sole custody and demand the mother of the child pay them.

Aug 6, 2009
Focus: Children
Action Request: Visit - online
Location: United States
http://www.childwelfare.gov/systemwide/laws_policies/statutes/resources.pdf
Visibility: Everyone
Tags:
Posted: Aug 6, 2009 9:54pm
Aug 6, 2009
Focus: Children
Action Request: Visit - online
Location: United States

http://www.childwelfare.gov/pubs/usermanuals/neglect/neglect.pdf

C

 

hild neglect is the most common type of child maltreatment.

Unfortunately, neglect frequently goes unreported and, historically, has not been acknowledged or publicized as greatly as child abuse. Even professionals often have given less attention to child neglect than to abuse.

One study found that caseworkers indicated that they were least likely to substantiate referrals for neglect.

How neglect is defined shapes the response to it. Since the goal of defining neglect is to protect children and to improve their well-being—not to blame the parents or caregivers—definitions help determine if an incident or a pattern of behavior qualifies as neglect, its seriousness or duration, and, most importantly, whether or not the child is safe.

In some respects, it is understandable why violence against children has commanded more attention than neglect. Abuse often leaves visible bruises and scars, whereas the signs of neglect tend to be less visible. However, the effects of neglect can be just as detrimental. In fact, some studies have shown that neglect may be more detrimental to children’s early brain development than physical or sexual abuse.

 

The debate over a definition of neglect centers on a lack of consensus in answering these questions:

What are the minimum requirements associated with caring for a child?

What action or inaction by a parent or other caregiver constitutes neglectful behavior?

Must the parent’s or caregiver’s action or inaction be intentional?

What impact does the action or inaction have on the health, safety, and well-being of the child?

What constitutes “failure or inability to provide” adequate food, shelter, protection, or clothing?

Should “failure or inability to protect” be included?

Is the action or inaction a result of poverty rather than neglect?

 

Visibility: Everyone
Tags:
Posted: Aug 6, 2009 8:51pm
Aug 6, 2009
Focus: Children
Action Request: Visit - online
Location: United States

http://www.childwelfare.gov/pubs/usermanuals/courts/courts.pdf

Petitions, or “complaints,” alleging child maltreatment

should be prepared by lawyers with the information

provided by CPS caseworkers. Th ese facts need

to be conveyed in a manner that clearly describes

what the parent or parents did or failed to do and

how it aff ected the child. Together, the lawyer and

the caseworker should construct a real-life story by

identifying the characters, by describing the setting

and the events, and by relating their impact on the

child or other participants.

In documenting cases, caseworkers need to be careful

to state only the facts and not legal conclusions. For

example, the caseworker should write, “On January

1, 2003, Joe Smith hit his son Jack Smith, age 7, on

the arm with a baseball bat, breaking the boy’s arm,”

instead of “the father physically abused his son.”

Lawyers’ opinions and practices vary widely regarding

whether a petition should be detailed or should recite

only the facts essential to establishing jurisdiction.

 

 

Visibility: Everyone
Tags:
Posted: Aug 6, 2009 8:51pm
Jul 26, 2009
Focus: Civil Rights
Action Request: Visit - online
Location: Illinois, United States

http://www.illinoisattorneygeneral.gov/government/FOIA_Sample_Request_Letter.pdf

Agency Head [or Freedom of Information Act Officer]

Name of Agency

Address of Agency

City, State, Zip Code

Re: Illinois Freedom of Information Act Request

Dear ________:

This is a request for information under the Illinois Freedom of Information Act, 5 ILCS

140.

I request that a copy of the following documents [

or documents containing the

following information

] be provided to me: [be as specific as you can in identifying the

documents or information you are seeking

].

[

 

 

Option:] I would like to inspect these records in person. [Option:] I would like to

obtain copies of these records.

[

If you request copies of the records, you should consider adding the following text:]

I understand that the Act permits a public body to charge a reasonable copying fee not to

exceed the actual cost of reproduction and not including the costs of any search or review

of the records. 5 ILCS 140/6. [

Option:] I am willing to pay fees for this request up to a

maximum of

$_____. If you estimate that the fees will exceed this limit, please inform

me first. [

Option:] I request a waiver of all fees for this request. Disclosure of the

requested information to me is in the public interest because it is likely to contribute

significantly to public understanding of the operations or activities of the government and

is not primarily in my commercial interest. [

Include a specific explanation of why your

request is in the public interest.

]

I look forward to hearing from you in writing within seven working days, as required by

the Act. 5 ILCS 140(3).

Sincerely,

Name

Address

City, State, Zip Code

[

 

Optional:] Telephone number and e-mail

Jul 25, 2009
Focus: Family
Action Request: Read
Location: United States

*HB3678

Short Des: DCFS-CHILD ABUSE-STATES ATTY

Status: P.A. 95-0361, eff. 8-23-07

Summary:

Amends the Abused and Neglected Child Reporting Act. Provides that whenever the

Department of Children and Family Services receives, by means of its statewide toll-free

telephone number established for the purpose of reporting suspected child abuse or

neglect, a report of a newborn infant whose blood, urine, or meconium contains any

amount of controlled substance or metabolite thereof, the Department must

immediately report that information to the State's Attorney of the county in which the

infant was born.

Provides that the report may be received by a mandated reporter under the Act or by

any means not just through the toll-free number.

Provides that the report by the Department of Children and Family Services to the State's

Attorney of the presence of a controlled substance or metabolite thereof in the blood,

urine, or meconium of the newborn infant does not have to be made when the

92

presence of the controlled substance or metabolite thereof in the newborn infant is the

result of medical treatment administered to the mother or the newborn infant. Effective

Immediately.

Comment:

The expectation is the referral is for the filing of a neglect petition, not the filing of criminal

charges.

See Ferguson v. City of Charleston, 532 U.S. 67 (2001), wherein a “special needs” search for law

enforcement purposes was rejected.

Jul 25, 2009
Focus: Family
Action Request: Read
Location: United States

*HB3621

Short Des: JUV CT-APPEALABLE ORDER

Status: P.A. 95-0182, eff. 8-14-07

91

Synopsis As Introduced

Amends the Juvenile Court Act of 1987. Deletes provision that an order of the court

relating to permanency goals following a permanency hearing shall be immediately

appealable as a matter of right under Supreme Court Rule 304(b)(1). Effective

immediately.

Comment: Consistent with In re Curtis B., 203 Ill.2d 53 [2003]

Jul 25, 2009
Focus: Family
Action Request: Read
Location: United States

*HB3588

Short Des: CRIM PRO-EVIDENCE DOM VIOLENCE

Status: P.A. 95-0360, eff. 8-23-07

Synopsis As Introduced

Amends the Code of Criminal Procedure of 1963. Provides that in a criminal prosecution

in which the defendant is accused of an offense of domestic violence as defined in the

Illinois Domestic Violence Act of 1986, evidence of the defendant's commission of

another offense or offenses of domestic violence is admissible, and may be considered

for its bearing on any matter to which it is relevant. Provides that in weighing the

probative value of the evidence against undue prejudice to the defendant, the court

may consider: (1) the proximity in time to the charged or predicate offense; (2) the

degree of factual similarity to the charged or predicate offense; or (3) other relevant

facts and circumstances. Provides that in a criminal case in which the prosecution

intends to offer evidence under this provision, it must disclose the evidence, including

statements of witnesses or a summary of the substance of any testimony, at a reasonable

time in advance of trial, or during trial if the court excuses pretrial notice on good cause

shown. Provides that in a criminal case in which evidence is offered under this provision,

proof may be made by specific instances of conduct, testimony as to reputation, or

testimony in the form of an expert opinion, except that the prosecution may offer

reputation testimony only after the opposing party has offered that testimony. Effective

90

immediately.

Comment: Possible need to repeal 725 ILCS 5/115-20. It uses “conviction.” Is that an

inconsistency?

Jul 25, 2009
Focus: Family
Action Request: Read
Location: United States

http://www.accused.com/CM/ForAttorneys/Suggestibility_child.pdf

As succinctly stated by researchers, suggestibility in the

context of child witnesses "concerns the degree to which

children's encoding, storage, retrieval, and reporting of events

can be influenced by a range of social and psychological

factors." (Ceci and Bruck, Suggestibility of the Child Witness:

A Historical Review and Synthesis Vol. 113 Psychological Bulletin

403, 404 (1993).) The factors noted by Ceci and Bruck that can

influence a child witness's suggestibility, in terms of what

happens when the child is interviewed concerning sexual abuse

include repeating questions, asking misleading questions, asking

leading questions, conducting the interview in an accusatory

atmosphere, reinforcing the child's answers, chastising the

child's failure to disclose, prolonging the interview, conducting

multiple interviews, and source misattribution. (Id., pp. 418-

425.)

1. The factors that exist in Child Sexual Abuse

Accommodation Syndrome exist in cases of false accusations also.

2. Psychological factors that can cause memory to be

influenced by suggestibility. This testimony is based on over 90

years of research on memory and suggestibility.

3. Psychological factors present in interviewing techniques

that can cause memory to be influenced by suggestions.

4. Evaluation of the reliability of psychological

methodology used in other experts' opinions. For example, in the

formation of the concepts of Child Sexual Accommodation Syndrome.

The expert will not express an opinion as to the credibility

of any child witness in this case nor will

he/she express an

opinion that any child witness in this case was subjected to

suggestive or coercive influences during any interviews.

DEFENDANT'S CONSTITUTIONAL RIGHT TO PRESENT A DEFENSE.

Due Process, under both the United States Constitution, and

the California Constitution, requires that an accused person have

a right to full and fair presentation of evidence that might

influence the determination of guilt. (United States

Constitution, Amendments V, VI, and XIV; California Constitution,

Article I, Section 15; Taylor v. Illinois (1988) 484 U.S. 400,

408; Chambers v. Mississippi (1973) 410 U.S. 284 [exclusion of

evidence vital to a defendant's defense constituted a denial of a

fair trial in violation of constitutional due process

requirements.)

EXPERT TESTIMONY ON PSYCHOLOGICAL FACTORS AFFECTING

A CHILD WITNESS'S SUGGESTIBILITY, CAPACITY TO PERCEIVE,

RECOLLECT, OR COMMUNICATE HAS BEEN FOUND

ADMISSIBLE IN FEDERAL COURTS, AND BY ANALOGY IN

CALIFORNIA COURTS AS WELL.

A. ROUSE CASE

In United States v. Rouse (8

th Cir. 1997) 111 F.3d 561, the

defendants were convicted of aggravated sexual abuse of children

under twelve years of age. The crucial issue at trial was

whether the child victims testified from their own memory of the

events or from a false memory induced by the interrogation

methods to which the children were subjected. The defense

presented the testimony of a psychologist concerning "the ways in

which the reliability of children's allegations of physical or

sexual abuse may be tainted by adult questioning practices that

suggest false answers or even implant false memories," such as by

leading questions, repeated questions, play therapy, and

communicating adult assumptions that cause a child to give what

he or she perceives is the correct answer, use of rewards, etc.

(Id., at p. 570.) The trial court precluded the expert from

testifying that a practice of suggestibility had been employed by

the interviewers in that case and that the victims' accusations

of sexual abuse were not credible. On review, the appellate

court determined that "A qualified expert may explain to the

jury the dangers of implanted memory and suggestive practices

when interviewing or questioning child witnesses, but may not

opine as to a child witness's credibility," thus approving the

lower court's rulings. (Id., at p. 571.) The appellate court in

a previous opinion in the same case found such evidence passed

the reliability test of Daubert v. Merrell Dow Pharmaceuticals,

Inc. (1993) 509 U.S. 579. Tot he same effect is United States v.

Reynold (9

th Cir. 1996) 77 F.3d 253, 254 (reviewing court

affirmed district court's rulings allowing the defense to present

expert testimony on memory and suggestibility of young children).

The type of expert testimony found admissible in Rouse is exactly

the type of testimony Defendant proposes to be admitted here.

B. MCDONALD CASE

In People vs. McDonald (1984) 37 Cal.3d 351, the Supreme

Court held that the trial court prejudicially abused its

discretion in excluding expert testimony on psychological factors

affecting the accuracy of eyewitness testimony. (Id. at 376).

The court rejected the grounds on which the trial court premised

the exclusion of such testimony, which were that it would invade

the province of the jury, standard CALJIC 2.21 would sufficiently

alert the jury to problems in eyewitness testimony; the proposed

expert testimony would violate Evidence Code §352, and it was not

sufficiently "scientific enough at this point in time."

The McDonald court found that expert testimony which simply

informs the jury of certain psychological factors that may impair

the accuracy of a typical eyewitness identification "falls well

within the broad statutory description of 'any matter that has

any tendency in reason' to bear on the credibility of a witness"

(37 Cal.3d 351, 366, citing Evidence Code Section 780). Such

testimony was found to be sufficiently beyond common experience

such that it would assist the trier of fact within the meaning of

Evidence Code §801. (Id., at p. 369.) The expert testimony

which Defendant seeks to admit in this case is exactly the type

approved in McDonald in an analogous context, i.e., a discussion

of psychological factors which can impair the memory and

perception of a witness, which bears on his or her credibility.

McDonald remains the law in this state. (See e.g., People v.

Gaglione (1994) 26 Cal.App.4th 1291, 1301 ["It is undisputed that

expert testimony on the psychological factors affecting the

reliability of eyewitness testimony is admissible in a criminal

case," citing McDonald].)

The McDonald model of presenting appropriate expert

testimony has been endorsed in child molest cases where the

defendant wishes to attack the reliability of the evidence

against him, thus providing further support for the admission of

the expert testimony at issue in this case. For example, in

People v. Harlan (1990) 222 Cal.App.3d 439, the defense moved to

prevent testimony of a child on the grounds that studies showed

their testimony was unreliable. The court stated to do so would

virtually insulate child molesters and the use of expert

witnesses as used in the McDonald case was the preferred method

for public policy reasons. The court stated:

"The court in People vs. McDonald (1984) 37 Cal.3d 351,

208 Cal.Rptr. 236, 690 P.2d 709 suggested a better

approach by which a defendant may challenge the

reliability of the evidence against him. In McDonald

the defendant challenged the trial court's ruling

excluding expert testimony on factors which affect the

reliability of eyewitness identifications. The Supreme

Court reviewed the extensive case law and professional

literature on the subject of the high probability of

error in eyewitness identification. (id., at pp. 363-

365, 208 Cal.Rptr. 236, 690 P.2d 709.) The court

concluded, `The consistency of the results of these

studies is impressive, and the courts can no longer

remain oblivious to their implications for the

administration of justice.' (Id., at p. 365, 208

Cal.Rptr. 236, 690 P.2d 709.) Next, the court reviewed

the defendant's offer of proof and determined that the

expert's proffered testimony was beyond the common

knowledge of jurors and thus was a proper subject for

expert testimony. Finally, the court reviewed the

circumstances under which it would be error to exclude

such testimony. The court held, `when an eyewitness

identification of the defendant is a key element of the

prosecution's case but is not substantially

corroborated by evidence giving it independent

reliability, and the defendant offers qualified expert

testimony on specific psychological factors shown by

the record that could have affected the accuracy of the

identification but are not likely to be fully known to

or understood by the jury, it will ordinarily be error

to exclude that testimony.' (Id., at p. 377, 208

Cal.Rptr. 236, 690 P.2d 709.)

We prefer this approach to that proposed by amici,

which would immunize an accused child molester when the

only witness against him is the victim. A defendant

may, under current law, offer expert testimony to

challenge the victim's testimony in appropriate cases,

preserving the jury's right to make ultimate

determinations on the credibility of the witness.

(McDonald, supra, 37 Cal.3d at p. 377, 208 Cal.Rptr.

236, 690 P.2d 709.)" (People v. Harlan (1990) 222

Cal.App.3d at p. 452.)

Also see People v. Gray (1986) 187 Cal.App.3d 213, 220 [in child

abuse case, expert testimony concerning the traits or

characteristics of a child who has been sexually abused

admissible as akin to expert testimony informing the jury of

certain factors that may affect an eyewitness identification a la

McDonald].)


 

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Content and comments expressed here are the opinions of Care2 users and not necessarily that of Care2.com or its affiliates.

Author

Geri M.
, 1, 6 children
Quincy, IL, USA
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