Sunday, March 29, 2009

The United Nations is listening, so WE should TALK!!

U.N. Form & Instructions
for Reporting Adoption Abuses
to the United Nations

Return to Human Rights & Adoption


THE UNITED NATIONS IS LISTENING!!

E-mail or snail-mail the U.N. about your own adoption horror story or about someone else's adoption problems (no matter how old or recent the adoption), or about Child Trafficking for adoption or other purpose, or about CPS unjustly taking children for adoption or if you suspect any "Severe Risk of a Child Becoming a Victim of CPS and/or the Adoption Industry" (you can ask that our name be kept confidential and CPS will not know of your complaint).

Instructions:
Cut & paste the UN's form below, onto an e-mail;
Enter a very brief opening message summarizing the nature of what you are reporting, below "Dear Dr. Petit,";
Enter your information as requested on the form, as it pertains to your specific case;
Subject (in Subject box above message) as follows:
Special Rapporteur, Sale of Children
At end of Form (where indicated) include info on how to contact you
Address your E-mail & Send to: Webadmin.hchr@unog.ch



ATTN: Dr. Juan Miguel Petit
Special Rapporteur on Sale of Children
Office of the High Commissioner for Human Rights
United Nations at Geneva
8-14 ave de la Paix
1211 Geneva 10
Switzerland

RE: Sale of Children for Adoption in the United States,
and/or Trafficking (and/or Severe Risk of Being
Victim of Such Offenses)

Dear Dr. Petit,

INFORMATION SHEET

1. GENERAL INFORMATION

- Does the incident involve an individual or a group ?
(Please mark with an X)

- If it involves a group please state the number of people involved and
the characteristics of the group:
- Number of boys/adolescents:
- Number of girls/adolescents:

- Country in which the incident took place:

- Nationality of the victim(s):

2. IDENTITY OF THE PERSONS CONCERNED

Note: if more than one person is concerned, please attach relevant
information on each person separately.

- Family name:

- First name:

- Sex:

- Birth date or age:

- Nationality(ies):

- Ethnic background (if relevant):


3. INFORMATION REGARDING THE ALLEGED VIOLATION

- Date:

- Place (location/country):

- Time:

- The nature of the incident (please describe the circumstances of the
incident)

- Number of offender(s):

- Are the offender(s) known to the victim?

- Nationality of offender(s)

- Agents believed to be responsible for the alleged violation:

- State agents (specify):

- Non-State agents (specify):

- If it is unclear whether they were state or non-state agents, please
explain why.

- If the perpetrators are believed to be State-agents, please specify
(military, police, agents of security services, unit to which they
belong, rank and functions, etc.), and indicate why they are believed
to be responsible; be as precise as possible.

- If an identification as State agents is not possible, do you believe
that Government authorities or persons linked to them, are responsible
for the incident, why?

- If there are witnesses to the incident, indicate their names, age,
relationship and contact address. If they wish to remain anonymous,
indicate if they are relatives, by-passers, etc.; if there is
evidence, please specify.



4. STEPS TAKEN BY THE VICTIM, HIS/HER FAMILY OR ANY ONE ELSE ON HIS/HER
BEHALF?

- Indicate if complaints have been filed, when, by whom, and before
which State organization

- Other steps taken

- Steps taken by the authorities:

- Indicate whether or not, to your knowledge, there have been investigations
by the State authorities; if so, what kind of investigations? Progress
and status of these investigations; which other measures have been taken?

- In case of complaints by the victim or its family, how have the organs
dealt with them? What is the outcome of those proceedings?


5. IDENTITYOF THE PERSON OR INSTITUTION SUBMITTING THIS FORM

- Family name

- First name

- Status: individual, group, non-governmental organization,
inter-governmental agency, Government. Please specify:

- Contact number or address (please indicate country and area code)
- Fax
- Telephone
- Email

- Please state whether you want your identity to be kept confidential

- Date you are submitting this form




This information provided courtesy of Abolish Adoption.
E-mail: Info@AbolishAdoption.com
PO Box 401, Palm Desert, CA 92261 USA








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Song by Mike Schultz........He's My Son

I'm down on my knees again tonight
I'm hoping this prayer will turn out right
See there is a boy that needs your help
I've done all that I can do myself
His mother has tried I'm sure You can understand
Each night as he sleeps she goes in to hold his hand
And she tries not to cry as the tears fill her eyes

Chorus:
Can You hear me?
Am I getting through tonight?
Can you see him?
Can you make him feel alright?
If You can hear me let me take his place somehow
See he's not just anyone, he's my son

Sometimes late at night I watch him sleep
I dream of the boy he'd like to be
I tried to be strong and see them through
But God who he needs right now is You
Let him grow old live life without this fear
What would I be living without him here
He so tired and he's scared
Let him know that You're there

Chorus

Tuesday, March 10, 2009

Very Interesting information............

GOVERNMENT CODE SECTION 820-823


820. (a) Except as otherwise provided by statute (including Section
820.2), a public employee is liable for injury caused by his act or
omission to the same extent as a private person.
(b) The liability of a public employee established by this part
(commencing with Section 814) is subject to any defenses that would
be available to the public employee if he were a private person.



820.2. Except as otherwise provided by statute, a public employee
is not liable for an injury resulting from his act or omission where
the act or omission was the result of the exercise of the discretion
vested in him, whether or not such discretion be abused.



820.21. (a) Notwithstanding any other provision of the law, the
civil immunity of juvenile court social workers, child protection
workers, and other public employees authorized to initiate or conduct
investigations or proceedings pursuant to Chapter 2 (commencing with
Section 200) of Part 1 of Division 2 of the Welfare and Institutions
Code shall not extend to any of the following, if committed with
malice:
(1) Perjury.
(2) Fabrication of evidence.
(3) Failure to disclose known exculpatory evidence.
(4) Obtaining testimony by duress, as defined in Section 1569 of
the Civil Code, fraud, as defined in either Section 1572 or Section
1573 of the Civil Code, or undue influence, as defined in Section
1575 of the Civil Code.
(b) As used in this section, "malice" means conduct that is
intended by the person described in subdivision (a) to cause injury
to the plaintiff or despicable conduct that is carried on by the
person described in subdivision (a) with a willful and conscious
disregard of the rights or safety of others.



820.25. (a) For purposes of Section 820.2, the decision of a peace
officer, as defined in Sections 830.1 and 830.2 of the Penal Code, or
a state or local law enforcement official, to render assistance to a
motorist who has not been involved in an accident or to leave the
scene after rendering assistance, upon learning of a reasonably
apparent emergency requiring his immediate attention elsewhere or
upon instructions from a superior to assume duties elsewhere, shall
be deemed an exercise of discretion.
(b) The provision in subdivision (a) shall not apply if the act or
omission occurred pursuant to the performance of a ministerial duty.
For purposes of this section, "ministerial duty" is defined as a
plain and mandatory duty involving the execution of a set task and to
be performed without the exercise of discretion.



820.4. A public employee is not liable for his act or omission,
exercising due care, in the execution or enforcement of any law.
Nothing in this section exonerates a public employee from liability
for false arrest or false imprisonment.


820.6. If a public employee acts in good faith, without malice, and
under the apparent authority of an enactment that is
unconstitutional, invalid or inapplicable, he is not liable for an
injury caused thereby except to the extent that he would have been
liable had the enactment been constitutional, valid and applicable.




820.8. Except as otherwise provided by statute, a public employee
is not liable for an injury caused by the act or omission of another
person. Nothing in this section exonerates a public employee from
liability for injury proximately caused by his own negligent or
wrongful act or omission.



820.9. Members of city councils, mayors, members of boards of
supervisors, members of school boards, members of governing boards of
other local public entities, members of locally appointed boards and
commissions, and members of locally appointed or elected advisory
bodies are not vicariously liable for injuries caused by the act or
omission of the public entity or advisory body. Nothing in this
section exonerates an official from liability for injury caused by
that individual's own wrongful conduct. Nothing in this section
affects the immunity of any other public official.
This section shall become operative January 1, 2000.




821. A public employee is not liable for an injury caused by his
adoption of or failure to adopt an enactment or by his failure to
enforce an enactment.


821.2. A public employee is not liable for an injury caused by his
issuance, denial, suspension or revocation of, or by his failure or
refusal to issue, deny, suspend or revoke, any permit, license,
certificate, approval, order, or similar authorization where he is
authorized by enactment to determine whether or not such
authorization should be issued, denied, suspended or revoked.



821.4. A public employee is not liable for injury caused by his
failure to make an inspection, or by reason of making an inadequate
or negligent inspection, of any property, other than the property (as
defined in subdivision (c) of Section 830) of the public entity
employing the public employee, for the purpose of determining whether
the property complies with or violates any enactment or contains or
constitutes a hazard to health or safety.



821.5. A public entity or a public employee acting within the scope
of his employment is not liable for failing to prohibit or restrict
the time that cargo tank vehicles required to display flammable
liquid placards may travel through a tunnel.




821.6. A public employee is not liable for injury caused by his
instituting or prosecuting any judicial or administrative proceeding
within the scope of his employment, even if he acts maliciously and
without probable cause.


821.8. A public employee is not liable for an injury arising out of
his entry upon any property where such entry is expressly or
impliedly authorized by law. Nothing in this section exonerates a
public employee from liability for an injury proximately caused by
his own negligent or wrongful act or omission.



822. A public employee is not liable for money stolen from his
official custody. Nothing in this section exonerates a public
employee from liability if the loss was sustained as a result of his
own negligent or wrongful act or omission.


822.2. A public employee acting in the scope of his employment is
not liable for an injury caused by his misrepresentation, whether or
not such misrepresentation be negligent or intentional, unless he is
guilty of actual fraud, corruption or actual malice.



823. Neither the widow, widower, nor the heirs of a peace officer,
as defined in Sections 830.1, 830.2, and 830.32 of the Penal Code,
shall be liable individually for any injury or death that may result
from an act or omission of a peace officer that occurs in his or her
line of duty, including an act or omission not directly related to
the officer's death, if the officer was slain while in the line of
duty. Nothing in this section shall preclude any action from being
brought against the estate of the peace officer.

Wednesday, March 4, 2009

After speaking with an advocate for children, I found out something VERY important. It won't help my nephew much but...........it may help families out there BEFORE they fall victim to these agencies.

IF you or your family members are on a slippery slope, and NOT yet in the system of DHS (CPS) and are wanting to protect the children involved. You may want to look into a private probate guardianship. It is NOT stealing someone's child, it is insurance. I have been told that CPS or DHS has to recognize this appointment and the child will NOT be placed in a foster home. BUT you have to look into it for your own personal situation. Of course, being the relative, you will have to be appropriate too. (By that I mean be sure that YOU (or whomever is to be the private probate guardian) be in a situation where you are stable, free of drugs, criminal activity, etc.)

This would have to be a DONE and legally binding, by way of court papers, etc., as far as I know.

IN NO WAY CAN I GIVE ANYTHING THAT EVEN LOOKS LIKE LEGAL ADVICE!!! I AM ONLY INFORMING YOU OF A SUGGESTION THAT WAS MADE TO ME, AND IN MY CASE COULD HAVE PREVENTED THIS CHILD FROM BEING PLACED IN A FOSTER HOME. Please look into this suggestion for you or your family members and your own situations and state laws;)

I WISH I had known before my sister left my home. It would have been a good way to get involved and at the same time, respect that NOTHING had been done wrong up to that point. It would be exactly what I called it before.........INSURANCE!

Thanks;)

Tuesday, March 3, 2009

YOU have the right to have a state administrative hearing.

You have a right to a state fair hearing and/or a CSOB complaint concerning Child Protective Services (CPS) / Dept. of Children and Family Services (DCFS)

Title 45 Code of Federal Regulations Section 205.10 and/or 205.100, California Code of Regulations, Title 22, Division 22, section 22-003 gives you that right.
If you feel you have not been treated fairly by CPS/DCFS social workers and their agencies, you may file for a state fair hearing. All inquiries are submitted to:
California Dept. of Social Services
Public Inquiry Response MS 16-23
P.O. Box 944243
Sacramento, CA 94244-2430

Or CSOB to

Rita Saenz, Director of CDSS
744 P Street
Sacramento, CA 95814

In approximately 10 days, the CDSS must send you a confirmation of their receipt of your hearing request.
Within 30 days CDSS must respond to your CSOB complaint.
Within 30 days upon receipt of this request, CDSS must notify you.
Two days prior to the State hearing, they must also notify you and your AR that the County’s agency’s “position statement” is ready and where to pick it up.
“What is a county position statement?” It is the county’s answer to your claim. When you pick up your position statement, you have the right to inspect your file. You may ask for copies of any paperwork in your file. If the county agency refuses to let you see your file, get the person’s name, note it so you can also claim this at the hearing.

Rescue Baby R from Foster Care

Rescue Baby R from Foster Care