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Showing posts with label research. Show all posts
Showing posts with label research. Show all posts

Friday, September 7, 2012

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.




Friday, August 3, 2012

Speak Up - Child Protection your Family’s Rights - The Procedure - Government Abuses to be aware of ...

Knowing your rights, Standing up for yourself and Speaking Up
to Ensure you get them! 

"Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen."  Winston Churchill 

This article covers whose talking about the problems in the system and what your rights are to protect your family.

Kevin Avard and other State Rep.'s are listening and Kevin has what it takes to sit down with you; you need the courage to Speak Up so that the problems your encountering can be brought forward and changed.

Speak Up, Host Kevin Avard sits down and talks with Independent Paralegal Denise McIntosh about a variety of issues having to do with dealings of the Family Courts




In NH the Child Protection law is NH RSA 169-C which can be found here:
http://www.gencourt.state.nh.us/rsa/html/indexes/search.html type in 169-C
click on:
2. CHAPTER 169-C CHILD PROTECTION ACT Hits : 370
Summary: TITLE XII PUBLIC SAFETY AND WELFARE CHAPTER 169-C CHILD PROTECTION ACT Section 169-C:1 169-C:1 Short Title. — This chapter shall be known as the Child Protection Act.Source. 1979, 361:2, eff. Aug. 22, 1979.. Section 169-C:2 169-C:2 Purpose. — &nbsp&nbsp&nbsp I. It is the purpose of this chapter, through the

you will then end up here:
http://www.gencourt.state.nh.us/rsa/html/xii/169-c/169-c-mrg.htm

Read this law find our what your rights are.  This law talks about what your rights are if DCYF is contacting you and/or involved with your family - demand accountability.

The Process with DCYF:
This is not to be construed as legal advice; it is simply what I have viewed in the process and what I would do NOW that I know what my rights are.

Central Intake - receives a complaint they check for red flags supposedly and they check records to see if there was a call before on the same family.

Social Worker - a social worker follows up with a phone call or by stopping by your home and leaving a card. This is where you can find out if they are doing the investigation correctly and what you may need to push for in your case: http://doj.nh.gov/criminal/victim-assistance/protocols.htm  click on either the Child Protection Act and/or Domestic Violence Act among other protocols government employees are suppose to follow when working with the family; cross reference with the law because they do not update these on a regular basis.

1) At first contact you don't have to call them back, they have 60 days to continue to try to reach you before they will simply label the case unfounded.

Flip Side:  If you have a real complaint about a child in need keep calling and call the police.

2) If you end up speaking with a  CPS Child Protection Worker and agree to meet to show your child is fine, it does not have to be at your home, it can be a restaurant or location that you feel safe.

3) Ask them to bring a copy of the Central Intake Report about your family and tell them you want them to bring it with them before you will see them. Problems check the true copy of the NH Family Rights brochure here:
https://docs.google.com/open?id=0ByTPLCn0VjpSdG45elpUOUlwMXc
Call the Ombudsman's Office 1-800-852-3345 extension 6941 when your rights are not being met.

Once you have the Central Intake Report, really look at what was written about your family, get witnesses to dispute, cross reference to see if it is really even about your family and call a lawyer if you can afford it; either way bring your wittiness's to court at the very start; if this is due to a divorce matter and it was already brought up in the Family/Superior Ct. bring that paperwork with you, to possibly show an overlap in jurisdiction.  Put the CPSW on notice and give her/him a copy it's unlikely they will put in the extra effort to prove your fit.

Also, important to check into is whether or not you have a Marital Master or Judge in the Family Division.  Because Rules. 12-14 for Marital Master have special restrictions as to the type of case they can hear and you will find that information here: http://www.courts.state.nh.us/rules/admn/admn-12-14.htm check out D. do not agree to a transfer.  Request a Judge because the standard of proof is higher in the NH Superior Court System; which means the social worker will actually have to work and do their job.

At First Contact: This pamphlet is suppose to be given to you before you speak to them, it contains an outline of your rights including your right not to speak with them.
https://docs.google.com/open?id=0ByTPLCn0VjpSdG45elpUOUlwMXc
(this file has been scanned it is large so a couple of click's and a few moments to open it)

READ     the form you sign that is supposed to "just say" you receive this handbook.
COURT  if you did not receive this let the judge know you were never advised of your 
                rights.
DUE PROCESS - NH RSA 169-C:34 IV at first contact you must receive the above

GRAY AREA - this form :
https://docs.google.com/open?id=0ByTPLCn0VjpSTjhyZEdvU091TlU is something I would not sign; in most case's they are there to check on the welfare of child; if you need the services on the 2nd page of this you can go directly to those office's. Furthermore, if the social worker has not filled out the form and/or check's off something, that makes you look guilty of something, be wary and do not sign.  They are only starting to investigate; do not sign without the advice of an attorney. And only when you get a full copy for yourself, RIGHT THERE, RIGHT THEN.
Because under NH RSA 169-C:27 you will have liability for expenses on any services you receive - however, you are entitled to a hearing to question the bill and have a court determine your ability to pay because the Reimbursement Unit is like any other collection agency and may try to force you into a reimbursement agreement that the Court system certainly would not.     


If you do not push for your rights no one will; you are not afforded an attorney in these cases as of July 2011.  Therefore, the only one who can help you is you.

These records show that NH Child protection workers fail federal audits based on their service to the public:

http://www.acf.hhs.gov/programs/cb/cwmonitoring/ this link talks about the goals for each state and gives the links to well, anything you want to know about a particular state, this link directs you to New Hampshire Results under the direction of Margaret Bishop. http://library.childwelfare.gov/cwig/ws/cwmd/docs/cb_web/Record?w=NATIVE%28%27DT+ph+is+%27%27CFSR+Final+Report%27%27+and+STATE+%3D+%27%27New+Hampshire%27%27+and+RPERIOD+%3D+%27%271st++Round+CFSR%27%27%2C%27%272nd++Round+CFSR%27%27+and+DOC_AVAILABILITY+%5E%3D+%27%27Not+publicly+available+on+the+Children%27%27%27%27s+Bureau+website%27%27%27%29&m=1

If you receive a summons under NH RSA 169-C:8 It is suppose to give you notice of the chargeable services; furthermore, if you do need help and engage in a service plan with the state they have to let you know up front what each service will cost under NH RSA 169-C:19 Dispositional Hearing - The child protection worker has to come in with a plan and the costs; and you should know that you can use your own insurance.

The links provided for the above resources are not legal advice, they are legal rights and anything you do not understand you should ask; if a paragraph relates to another law go back to the state resource for finding the laws that pertain to your rights here: http://www.gencourt.state.nh.us/rsa/html/indexes/search.html type in the number, click on and go to the referenced material.

Be prepared, be vigilant ask questions, demand answers and accountability and assert yourself; you have everything to lose if you do not. It is scary and it's aggravating to deal with small minded, overzealous young people who do not have children and even more so when they are any age and overzealous, disrespectful and they simply do not care.

The Court's and the law are suppose to make sense out of chaos not add to it.

"Always be ready to speak your mind, and a base man will avoid you." William Blake



If I left something out feel free to email me to put it in dmvc@comcast.net

Wednesday, July 4, 2012

Pro Se Organization - Family Law - It Matters

"The law should be a shield for the weak and powerless, not a club for the powerful."  
                                                             -Gov. Roy Barnes, 2004 Equal Justice Conference

STANDARD CASE CONSTRUCTION

Whether you are coordinating a pro se case for an upcoming hearing or for issues to bring to the NH Redress of Grievance Committee/Legislators and/or a new Attorney you need to coordinate your paperwork. The following is an example of a frequent complaint in the NH system and a suggestion for coordination of paperwork to bring issues with supporting documentation to a fact finders attention the initial layout which is standard for most coordinating most cases; this is not intended as or to be construed as legal advice but may add in organizational and research technique's.

Start by making the following piles with the most recent date on top:

1. All Motions starting with the initiating motion
    and then the Response

2. ALL Orders

3. Correspondence/Assessments to a court by a GAL Guardian Ad 
    Litem NH RSA 461 -A

4. Correspondence between DCYF NH RSA 169-C for division 
    protocols whether for abuse and neglect and/or domestic 
    violence see the Attorney Generals website
    http://www.doj.nh.gov/criminal/victim-assistance/protocols.htm
    Obtain all contact logs and 3rd party documentation

5. Evidence what was accepted and what was not accepted

6. Correspondence between you and your attorney

7. Outline the facts, orders and how it effected and/or affected your 
    case

THE CHILD PROTECTION ACT
These piles especially the first 5 allow a fact finder to easily cross reference the information in your file.  And for you to pull and copy information to explain where in your case you feel your rights were abridged; with supporting rules, and/or protocol's which are part of the law under NH RSA 169-C:34 &/or 169-C:38- a. which can only  be changed before a legislative committee and/or laws that were not applied.

Review your information and determine how you think your rights may have been abridged.  Now set out to prove the how, when, why, where or what caused the injury, how your rights have been abridged by DCYF or someone else and/or what is a fair conclusion to an abnormal situation.

THE GAL
For example a noted complaint to legislators is about GAL's (Guardian Ad Litem's) -the GAL in NH exceeded the $1000.00 standing order without a motion prior to exceeding to exceed.  Where would a standing order be: http://www.courts.state.nh.us/fdpp/adminorders/index.htm
then click on the GAL http://www.courts.state.nh.us/fdpp/adminorders/2011-03-AdministrativeOrder.pdf this shows that the cap is $1000.00 based on the Parties ability to pay and court order split of payments.

For any other administrative court orders that may pertain to your case it would be http://www.courts.state.nh.us/fdpp/adminorders/2011-03-AdministrativeOrder.pdf which clearly states if one party is indigent a court can not appoint an GAL due to some of the following: 

1st. what does the law say? Check the statute on the GAL in your state in NH it is http://www.gencourt.state.nh.us/rsa/html/XLIII/461-A/461-A-16.htm cross reference with the OCC "office of cost containment" see http://admin.state.nh.us/occ/gal.asp

If you are unable to pay the court ordered amount you could have contacted the OCC at http://admin.state.nh.us/contactus2.asp?division=Office of Cost Containment; in the past or call them at 603-271-1416 as of 7/5/12 a Chris at that office has confirmed that are no funds available due to the changes in the law.  Unconfirmed; however, it appears that because the Judicial Branch received a cut in their funding they decided to retaliate by cutting funding to the publics most vulnerable - those who are indigent.

After receiving an order to pay for a GAL because one has been arbitrarily appointed; you may also need to file a motion indicating that you have an inability to pay and/or reiterating it as describe in the NH RSA 461-A:18 at this link http://www.gencourt.state.nh.us/rsa/html/XLIII/461-A/461-A-18.htm check  461-A:17 Guardians Ad Litem and Mediators; Liability for Expenses. "The judicial council shall have no responsibility for the payment of the costs of a mediator or guardian ad litem for any party under this chapter."

RESEARCHING THE LAW IN NEW HAMPSHIRE

For full text of the Law your researching go to http://www.gencourt.state.nh.us/rsa/html/indexes/search.html
1. type in the RSA main number like 461-A
2. a series of RSA's will appear
3. click on your title and read the law as it pertains to your case

OUTLINING THE CASE
Document the complaint for an attorney or yourself (Pro Se) where the law was not applied or considered not relevant in your case show where in the motions and/or orders it was brought up. The order against and the Law and Rules that are suppose to apply.  As you will find here, the Law controls, Rules and orders are second (case law), your federal constitutional rights are the controlling factor found here http://www.house.gov/house/Constitution/Constitution.html amendments are in the upper right hand corner a click away see notes at the bottom of the page to see if a later amendment may have affected your rights, in the amendment that most closely resembles your case. States can only enhance your federal rights they can not take away from them so then you need to check your state constitution in NH it can be found at: http://www.nh.gov/constitution/constitution.html

However, under 461-A:18 Repayment. – it connects to the OCC office ... the fees and expenses paid on the party's behalf as the court may order consistent with the party's ability to pay, such ability to be determined by the unit of cost containment.

The above areas that cover the payment and assignment of GAL's appear to contradict themselves and it is best to get the advice of an attorney.  If you can not afford one you should attempt by "Motion for Clarification" to a Court to the full picture.  Ask and/or bring to its attention that you have an inability to pay, do not understand your rights because of conflicting and overlapping laws and administrate court orders and/or bring to the attention of the legislators with all of the documentation to support your claim in as brief and direct a matter as possible.

For instance the past redress of grievance/legislators have reported receiving numerous complaints that mimic the following:

I was assigned a GAL with out the court determining the parties ability to pay based on submitted financial affidavits;
I was assigned a GAL that exceeded the $1000 cap per case;
The GAL prior to submitting a Motion to Exceed - Exceeded and when I objected the Court ordered it anyway and/or did not assess my ability to pay.  DCYF did not advise me of my rights. DCYF went out of their jurisdictional area to get a Judge to sign an order to grant them emergency custody of my child.  DCYF fabricated evidence and/or did not look at all evidence. Players to be aware of.

These complaints/Motions can be answered by what should have happened based on the law, court rules and or standing court administrative orders.  Administrative orders in the Family Division are put out by the Administrative Judge of each court; in Family Matters in New Hampshire that is Judge Kelley and these orders are directed at the Judges who work under him to protect your rights because of changes in funding, administration and/or changes in the law.

461-A:6 Determination of Parental Rights and Responsibilities; Best Interest. –
III. In determining parental rights and responsibilities under this section, including residential responsibility, the court shall not apply a preference for one parent over the other because of the sex of the child, the sex of a parent, or the financial resources of a parent.


If you feel your rights were abridged due to any of the above bring it to the attention of the court your in and read your Motion to the Judge and answer clarifying questions and then bring it to your legislators to get the laws strengthen, the Court's can only interpret the law as well as the law is written. It is a bit of work but you can't correct a problem unless you make people aware there is one.

The inconsistency's between the courts and how they operate in New Hampshire is the main complaint.  Coordinating evidence, protocols and your rights is necessary to protecting and asserting your rights. 

If there is any way I can make this article better and/or easier to follow please do not hesitate to leave a comment or email me at dmvc@live.com.  I often seek to update, modify and or simplify my work so that others may benefit from my experiences in the legal field.


"It is one of the most beautiful compensations of this life that no man can sincerely try to help another without helping himself."     
Ralph Waldo Emerson

Saturday, June 30, 2012

Oppression on the Yellow Brick Road - American Children Legally Tortured in Canton, Mass

"A reporter's ability to keep the bond of confidentiality often enables him to learn the hidden or secret aspects of government." Bob Woodward

Canton, Massachusetts

An affluent and seemingly visually beautiful area of Massachusetts conceals the Horror and Oppression occurring right now at the Judge Rotenberg Educational Center. http://www.educationnews.org/ednews_today/59610.html Even after this Federal Investigation this place is still open; why? - Law makers said it should be, why? follow the money...

"In 1994 this center changed its name to the Judge Rotenberg Educational Center after the judge [who] helped to preserve [the] program from extinction at the hands of state licensing officials in the 1980’s."[1] It has 900 employees and annual revenues exceeding $56 million, charging $220,000 a year for each student."

The following video exposes the case; be forwarned it is disturbing both graphically and audibly and was previously surpressed by the JRC for 8 years; the case McCollins guardian v. Von Heyn et al, this is a small clip but it is torture versus treatment and this goes on for 7 hours; 31 electical shocks conducted on an 18 year alledgedly because he has behavioral problems. 



"All but one of these shocks, it was revealed, was for tensing up or screaming, in anticipation of or response to shocks or restraints, while the other shock he received was for failure to remove his coat."  more on the disclosures at trial here:
http://autisticadvocacy.org/2012/04/the-judge-rotenberg-center-on-trial-part-one/

The JRC is modeled after the Wizard of Oz; and as shown in this picture the wicked witch of the west is the women with her monkey replacement at the end of the hall our old favorite villians are nothing compared to the people in the white coats, THAT you will meet at the end of the hall to welcome you to HELL; Dorothy we are defintely not in Kansas or even Oz anymore.


So if your a child with emotional disabilities this place looks like Alice in Wonderland and this is not a Fairy Tale it is a nightmare dressed up to deceive ...


and lead you down the yellow brick road to electric shock therapy
"When you open the Grand Doors you see, directly ahead, the Wizard of Oz flanked by the Cowardly Lion and the Scarecrow. The Wizard greets you automatically, raising his magic sphere and encouraging you to visit the various reward areas. All of the mannequins on the Yellow Brick Road move their arms and lips and talk and sing when you press their buttons."

THE WIZARD IN THIS PLACE HAS HIS OWN BUTTONS TO PUSH AND SAY'S


"...each case is ... approved by a Human Rights Committee, a Peer Review Committee, and a physician ..." ALL of whom are employees in this Fairy Tale Nightmare and paid extremely well to lie; at a facility taking in over 58 million a year in federal and several state's monies check out their response to Recent Articles and Blog entires such as mine and then cross reference against what was really said in the court room in the articles above.

Those of you have seen the new Fairy Tale turned nightmare movie "Snow White and the Huntsman" may relate the above employee's to the Queen's statement:  "Do you hear that? It's the sound of battles fought and lives lost. It once pained me to know that I am the cause of such despair. But now their cries give me strength. Beauty is my power."

These 900 employee's at JRC know they cause despair but surrounded in flashy false beauty they are deceived into thinking the are doing this work for the greater good....

For the greater good and aid in ending this Oppression no matter where you are from please sign this petition to end the violence in Massachusetts
http://www.change.org/petitions/judge-rotenberg-educational-center-please-stop-painful-electric-shocks-on-your-students and or here
http://www.change.org/petitions/the-governor-of-ny-stop-the-flow-of-taxpayer-dollars-to-support-torture?utm_medium=email&utm_source=signature_receipt#

Indicating of course that "America is just the country that how all the written guarantees in the world for freedom are no protection against tyranny and oppression of the worst kind. There the politician has come to be looked upon as the very scum of society." Peter Kropotkin







Tuesday, April 17, 2012

Points and Authorities in N.H. Family Law Cases

"If we knew what it was we were doing, it would not be called research, would it?" Albert Einstein

http://www.gencourt.state.nh.us/rsa/html/indexes/search.html type in your RSA and find the official details of the law.

NH Judicial Branch forms for family law matters; parties agree and file all to expedite;
http://www.courts.state.nh.us/superior/forms/forms.htm#civil_equity

http://www.nhd.uscourts.gov/oo/search.asp find rulings in a higher court than NH Supreme Court - States can only enhance your rights they can not take them away;

http://www.courts.state.nh.us/rules/sror/sror-h3-35.htm General NH rules on provisions for discovery;

http://www.gencourt.state.nh.us/legislation/ check on New Laws being worked on my legislators and plan to attend and voice your concerns;

http://definitions.uslegal.com/e/ex-post-facto-law/ you can not be charge when the law became effective after the act;

http://www.howtodothings.com/electronics/a1942-how-to-block-your-cell-phone-number.html for those for whom you do not want to have your phone number

http://www.whitehouse.gov/contact/write-or-call  appears to be an appropriate venue to further voice your concerns;

http://www.nhbar.org/publications/archives/display-news-issue.asp?id=1226 You never know, they often work through new laws and have helpful information for the Pro Se person the idea is to search;

http://www.judicialchildabuse.com/  This program has good insights into Stopping Judicial Child Abuse;

For those who mistakenly think all things on the Internet are a free for all check; http://www.publicdomainsherpa.com/cease-and-desist-letter.html

Great Article on your rights or the pubic right to access government information from the Florida Attorney Generals office;  http://www.myfloridalegal.com/sun.nsf/sunmanual/DABDAF419A85B75185256F94005BB88B

Understanding "Contempt of Court" in the Family Court Room and dispelling myth's
http://www.nhfamilylawblog.com/articles/parenting-rights-responsibilit/  this lawyers site has some great information in the Family Law Arena;

Write  a persuasive demand letter, argument, etc. start here:
http://www.nolo.com/legal-encyclopedia/write-winning-demand-letter-29858.html

Keep searching ... All the problems of the world could be settled easily if men were only willing to think. The trouble is that men very often resort to all sorts of devices in order not to think, because thinking is such hard work." Thomas J. Watson