Remembering the victims of 12/14/12

It's time for America to confront the issues that it faces, if other countries with stronger gun laws show a significant reduction in crimes, that is something we must consider. Stronger laws on the drugs that are given to our children. The Judicial Branch needs to access how they handle children lives in divorce and realize they all need access to both parents, and we all need to remove "apathy" when it comes to any of our children and strive to spend one on one time with each of them as parents, teachers, a community and we all need to have no tolerance for bullies.

What happened on 12/14/12 and too many times before is a message; it is a message that young people are not getting what they need, they do not know how to live happily ever after.  And confronting evil is something our children should never have to face, we need to ensure their innocence for as long as possible so that they can grown their imaginations to be productive members of and enhance our society.  As a nation of great differences we put them aside and come together in tragedy, but how about every other day of the year?  We should be mobilizing our resources in a systematic and organized way to tackle the grave issues that confront us as a nation every day.

Mason Cooley once said: "Compassion brings us to a stop, and for a moment we rise above ourselves."


Extend that moment and think of the unlived lives the Connecticut State Police released:

Charlotte Bacon, 6
Daniel Barden, 7
Rachel Davino, 29
Olivia Engel, 6
Josephine Gay, 7
Ana Marquez-Greene, 6
Dylan Hockley, 6
Dawn Hochsprung, 47
Madeleine Hsu, 6
Catherine Hubbard, 6
Chase Kowalski, 7
Jesse Lewis, 6
James Mattioli, 6
Grace McDonnell, 7
Anne Marie Murphy, 52
Emilie Parker, 6
Jack Pinto, 6
Noah Pozner, 6
Caroline Previdi, 6
Jessica Rekos, 6
Avielle Richman, 6
Lauren Rousseau, 30
Mary Sherlach, 56
Victoria Soto, 27
Benjamin Wheeler, 6
Allison Wyatt, 6

"Great occasions do not make heroes or cowards; they simply unveil them to the eyes of men. Silently and imperceptibly, as we wake or sleep, we grow strong or weak; and at last some crisis shows what we have become."  Brooke Foss Westcott

Thank you to the teachers and staff who put aside their own needs to protect so many, there are no words for the wicked and no comprehension for  the things that they do.

We do have to ask ourselves what drove this young person Adam, to such a horrendous act and we have to make sure that schools and community's are giving "every child" the tools they need to succeed so that this never happens again.

DMVC Productions announces the 1st release of Fairy Tale Access

New TV Series Announcement

PRESS RELEASE

DMVC Productions director, Denise-Marie McIntosh, Head Fairy and Independent Research Paralegal shares her quest for unraveling fairy tales in actual time, rather than once upon a time, hosting a new series Fairy Tale Access 1st release found here: http://fairytaleaccess.blogspot.com/2012/09/1st-in-fairy-tale-access-series.html interview with Shriners Hospital for Children, a patient and Captain Hook discovering Shriners ... "Love to the Rescue".

Over ten episodes are currently in the works, and as of 8/25/12 four have been pre-recorded. Fairy Tale Access will show viewers that Fairy Tales do exist in Actual time, rather than once upon a time.

From the classic character introduction to real life fairy tales in the making, these shows will inspire even the most cynical non-believer into believing in … Fairy Tales. Fairy Tale Access will search beyond the standards of absolute and universal application; we will weigh in and re-think the possibilities regarding the nature of Fairy Tales.

Each episode is a quest, access requires participation, and participation requires observing, reading and asking questions. The possibilities? They are endless … packed full of informative information for viewers, as the expert researcher and Head Fairy, Denise-Marie creates new measurements and perceptions that viewers can relate to, and resources that they or someone one they know can use in their own lives, as well as revealing the inspiration and contributors behind the Nashua, NH Fairy Tale Festival, sharing her passion for creating entertaining and thought provoking venues, asking questions and seeking the possibilities.

Denise-Marie said: “I was very excited when I was approached by Access Nashua to create shows that extend past the Nashua, NH Fairy Tale Festival. It will be a great opportunity to share with the Access Nashua viewers what I love about fairy tales, research, literacy and seeking out the possibilities - taking inspiration from real life experiences, and creating interactive, informative and appealing programs. Each program is very different in its own way and there are lots of ideas that I hope will inspire everyone.”

The series will begin weekly during the week of September 2, 2012. The first four in the series will introduce you a variety of connections. The first set of connections occurs between Captain Hook, Shriners Hospitals for children and a vivacious 7 year-old girl and her parents. The second in the series will introduce you to connections between a mermaid, a young woman, a school teacher and Autism Awareness. The discoveries on the Head Fairy’s quest, promise to astound you, but only if you to tune in to "access" the possibilities.

Fairy Tale Access is a DMVC Production for Access Nashua. The Executive Producer is Denise-Marie Cutter McIntosh aka The Head Fairy. It was commissioned by Access Nashua Director Dick Gagnon. If you have a story you would like to share contact Denise-Marie at fairytaleaccess@comcast.net.

New Hampshire ONLY STATE to Abolish a parent's right to an Attorney update on lapse of logic...

The NH Supreme Court held parent's right to attorney's only sometimes - which will mean never: http://www.courts.state.nh.us/supreme/opinions/2012/2012068CM.pdf

"Nothing turns out to be so oppressive and unjust as a feeble government." Edmund Burke 

In all of these cases the Law hinders these parent's because it was done in the middle or end of their cases; any case in progress prior to 7/1/11 should have remained with a court appointed attorney simply because the law was "Ex Post Facto" done after the fact and while afforded in criminal trials to protect constitutional rights, in this matter the constitutionally protected right to one’s children and family is the protection needed.  Anyone prior to 7/1/11 was denied due process because the US Constitution Article I, Section 10 does not make a distinction between civil and criminal proceedings it states "no State shall pass any ex post facto Law.'' ; and the NH Constitution Part I Article 23 specifically forbids ex post facto law in both civil and criminal matters.  Ex post facto means with retroactive effect or force.

The court used the Matthew's test " In determining whether the State Constitution requires the appointment of counsel in a given proceeding, we employ the three-prong test articulated by the United States Supreme Court in Mathews v. Eldridge, 424 U.S. 319, 335 (1976). In re Kotey M., 158 N.H. at 361; State v. Hall, 154 N.H. 180, 182 (2006). This test balances: (1) the private interest affected by the official action; (2) the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and (3) the government’s interest, including the function involved and the fiscal and administrative burdens that the additional or substitute procedural requirements would entail. In re Brittany S., 147 N.H. 489, 491 (2002); Mathews, 424 U.S. at 335." In the context of the issue before us, we examine whether the absence of counsel impermissibly increases the risk of an erroneous result in a child abuse or neglect proceeding under RSA chapter 169-C, thereby depriving the parents of the right to the care and custody of their children."

Here the court failed to recognize that these closed door proceedings have an inherent and fully documented risk of error; not to mention that the State Justice Department and Department of Children Youth and Families has failed every federal and state audit (contained here http://dmvc-results.blogspot.com/2012/05/dcyf-bishop-toumpas-commit-fraud.html)  in these cases for over 20 years; furthermore, the court failed to recognize and/or the attorney's failed to point out that the procedural safe guards are not adhered to in at least 66% or more of the cases in these matters; as such the supreme court misguidedly stated: "The State argues that because the rules of evidence do not apply, the parents are not burdened by difficult questions of evidentiary law, and because the proceedings are held in a closed courtroom without a jury, the parents can present their case “free from the distraction created by members of the public and the complications of a jury trial.” However, complaints to the redress of grievance committee in the house and disclosures on State Rep. Kevin Avards show "Speak Out" http://kevinavard.com/category/video/ indicate that in reality parents are NOT FREE to present their case, they are denied entry of evidence in their favor, they are denied witnesses, they are denied access to records that a fact finder would rely on in determining the fate of their child even when a court orders access and they are denied the right to face their accusers; the only distractions being avoided are accountability on behalf of the department of children youth and families and the judicial systems involved.  When this law was made legislators much like our founding father's had no idea of the abuses that would occur behind closed doors.  Moreover, nothing in our federal Constitution supports that closed door hearings are what they had in mind in 1787 when our constitution was ratified. "The due process clause of the Constitution was partly based on common law and on Magna Carta (1215) which had become a foundation of English liberty against arbitrary power wielded by a tyrant." Here in this decision that tyrant is the NH Supreme Court as an extension of the Department of Children Youth and Families.
A Supreme Court Who stated:
"As set forth above, however, the procedural protections embodied in the statute prevent the risk that an uncounseled parent will be erroneously deprived of the care and custody of his or her child." In conjunction with the above abuses in this system, A reasonable person does not understand the procedural safeguards that are suppose to be followed behind closed doors, because no one tells them what those right are. Doors closed to oversight and failure ratings of an F across the board for all of its services including the judicial branches acts; procedural protections merely written are not being followed and the Supreme Court's decision shows that they in fact favor the errors of the lower courts and acts contrary to the law that their state employees are acting under!

Thank goodness for: CONBOY, J., dissenting. "After recognizing for over thirty years a statutory right to counsel for indigent parents in abuse or neglect proceedings, New Hampshire apparently has become the only state in the country to abolish this right. Because I conclude that the due process protections afforded under the New Hampshire Constitution require the appointment of counsel for indigent parents in State-initiated proceedings brought pursuant to RSA chapter 169-C, I respectfully dissent." Read more in the proceeding link provided above.

This means that as the judicial branch pointed out in their own reasoning, that because their order was not a unanimous decision it is not controlling and it can be overturned. Because there is not a unanimous decision "We are the final arbiter of our constitution’s due process requirements." they sited In re Father 2006-360, 155 N.H. 93, 95 (2007); this is also an interlocutory transfer without ruling
from the Superior Court (Tucker, J.). See Sup. Ct. R. 9. filed at approximately the same time. The trial court transferred the SAME question: “Does the Due Process Clause of the New Hampshire Constitution (Part I, Articles 2 and 15) or the Fourteenth Amendment of the Federal Constitution require the appointment of counsel for an indigent parent from whom the State seeks to take custody of a minor child based on allegations of neglect or abuse?" Obviously, not a ruling authority when it is in fact and not theory the exact same question of law being decided. Hopefully, the Attorney's who worked on this will push it to our more Liberal U.S. Supreme Court and/or at least the first district court for a more logical order. The Court's decision shows they have no understanding of the failures they contribute to and it was added to a bill because Supreme Court Justice Delanis had a money issue; one she claims to have saved over a million in 9 months with her changes, if so if they saved so much money why aren't all the courts in New Hampshire open a full 5 days a week yet?    

The word "may" is not included in the case that gives an indigent pro se step-parent a court appointed attorney, so does that mean the court changed its earlier opinion as it stated here: "As the United States Supreme Court has acknowledged, “[i]nformed opinion has clearly come to hold that an indigent parent is entitled to the assistance of appointed counsel not only in parental termination proceedings, but in dependency and neglect proceedings as well.” Lassiter, 452 U.S. at 33-34. I note that this court has previously determined that, at the very least, appointment of counsel may be required to adequately protect a stepparent’s right to due process in an abuse or neglect proceeding. See In re Shelby R., 148 N.H. 237 (2002) (the plurality, however, called for a per se rule, entitling an indigent stepparent to appointment of counsel)."

Oddly, step parents in NH now have more rights than a natural parent.

A quicker way to fix this problem is for legislators to make it LAW that indigent parents are entitled to a court appointed attorney in all of these cases and/or more so that we come back from the old oppressive British ways that we fought so hard to get away from and make ALL the courts open and accessible to the communities they are suppose to serve.  We are not here to secure their lifetime appointments without equal access and equal opportunity to be heard in a meaningful manner!

"The Government of the absolute majority instead of the Government of the people is but the Government of the strongest interests; and when not efficiently checked, it is the most tyrannical and oppressive that can be devised."  John C. Calhoun

To the Mother's without a Card Today

As I travel down that old familiar road, I find myself in longing the landscape beckons me; folding me in an embrace that caresses my brow and soothes my soul while releasing my tears with it gentle whispers of home...

Child: Mom?
Mom: yes. 
Child: you know what's weird?
Mom: what?
Child: they started asking about you again (pause), like how's your mom.
Mom: (slowly smiling)
Child: So, I guess "We" do exist...
Mom: Yes, yes we do... we exist ... are you ready then?

                                             
Child:(simply giving that eye brow look)

Mom:(like a reflection in his beautiful eyes) To see the     
                                                                                world ...


That saying when one door closes, another will open ... why it opens is because "we" make life happen; we're mothers - we push past obstacles and break barriers; we are relentless to make this world better for all children ... we will never recoup what we have lost - but by learning, persevering and fighting for it; we will win the future for our children! 

Happy Mother's Day.

Yours in opposing oppression;
Denise-Marie McIntosh