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Wednesday, April 25, 2018

PROPOSED BILL S.B. 313 COULD POTENTIALLY ALLOW DCF TO INTRUDE UPON THE RIGHTS OF PARENTS!


OLR Bill Analysis
sSB 313 

AN ACT CONCERNING MEDICAL CARE FOR CHILDREN IN THE CUSTODY OF THE DEPARTMENT OF CHILDREN AND FAMILIES. 
SUMMARY

By law, the Department of Children and Families (DCF) commissioner and any agent she appoints must exercise careful supervision of each child under her guardianship or care. This bill permits the DCF commissioner, on the advice of a physician, to authorize non-emergency medical, psychological, psychiatric, or surgical treatment, or a medical multidisciplinary evaluation, to ensure the health of a child in the department's guardianship or care. But if the child's permanency plan involves reunification with the child's parent or parents, the commissioner must provide written notice to the parent or parents at least five days before the treatment or evaluation. 

If the child or the parent or parents object, they may file a motion for emergency relief within five days after the notice is given. (It is unclear if this means within five days after the commissioner sends the notice or five days after the parents receive it.) The child generally may not have the treatment or evaluation within that five day period or while the motion is pending, unless there is an emergency necessitating it. 

Additionally, the bill permits individuals and agencies to whom DCF has granted care and custody of a child under a temporary custody order to authorize medical multidisciplinary evaluations for children in their care. The law already permits DCF and these individuals and agencies in such circumstances to make decisions regarding emergency medical, psychological, psychiatric, or surgical treatment. 

EFFECTIVE DATE: October 1, 2018
COMMITTEE ACTION
Committee on Children
Joint Favorable Substitute

*THIS BILL HAS NOT YET BEEN PASSED BY THE STATE LEGISLATURE, BUT IS WELL ON ITS WAY IN THAT DIRECTION.  

CT VICTIMS OF FAKE ACCUSATIONS OF THE QUACK, UNSCIENTIFIC THEORY OF PARENTAL ALIENATION SYNDROME AND ITS VARIANTS!



Let us today remember the victims of the fake diagnosis PAS or PA or "alienation" or however father's rights people choose to designate it. 

This is often designated "the mental illness that HAS NO NAME" because judges who know that it is illegal to seize children from fit mothers based upon this quack diagnosis simply state on the record that the mother has a mental illness but they don't know what it is.  We know, however, exactly what they mean.  We know that such judges are committing fraud against mothers, many of whom are victims of abuse, or their children are victims of abuse. 

These mothers who were falsely accused have often lost all access to their children, were bankrupted, or had their reputations publically slandered and attacked.  In many cases the children were placed in the hands of their abusers.

See below for names of the CT victims of this travesty:

Susan Skipp, Falsely accused
Angela Hickman, Falsely accused
Kathi Sorrentino, Falsely accused
Maureen Strathearn, Falsely accused
Sandra MacVicar, Falsely accused
Sunny Kelley, Falsely accused
Mia Farrow, Falsely accused
Karyn Gil, Falsely accused
Leslie Cox, Falsely accused
Carol Krukiel, Falsely accused
Marlene Dybek, Falsely accused
Jane Doe 1, Falsely accused
Jane Doe 2, Falsely accused
Jane Doe 3, Falsely accused
and many more!

Friday, April 20, 2018

ATTORNEY SHIRLEY PRIPSTEIN OF GREATER HARTFORD LEGAL AID SPEAKS OUT AGAINST THE PRESUMPTION OF SHARED PARENTING

TASK FORCE TO STUDY LEGAL DISPUTES INVOLVING THE CARE AND CUSTODY OF MINOR CHILDREN

Testimony of Attorney Shirley Pripstein, Greater Hartford Legal Aid

The Legal Service family law attorneys in Connecticut oppose legislation that would create a presumption that shared parenting is in the best interest of minor children for the following reasons:

-There is no empirical evidence that shared parenting is, in fact, in the best interest of minor children.

-A shared parenting presumption is a cookie-cutter approach that puts the emphasis on the rights of the parents rather than on the best interest of children.

-A shared parenting arrangement may be in the best interest of children whose parents are committed to living in the same school district and making shared parenting work, but it is clearly not in the best interest of the majority of children whose custody is determined by the courts. These are children whose parents may never have cohabited or developed the communication and compromise skills necessary to making a shared parenting arrangement a comforting situation for the child.

-Shared parenting is particularly inappropriate when the parents live in different towns, making choice of school districts and sports teams an issue.

-Shared parenting is particularly inappropriate when there is a history of domestic violence between the parents, which is concrete evidence that at least one of the parents lacks communication and compromise skills necessary for co-parenting.

Connecticut has a well-thought out child custody statute, enacted ... in 2005, which sets forth sixteen factors for the court to consider when making orders of child custody and apportioning time between parents.

The factors appropriately recognize and attempt to balance the need of a child for stability against the need of a child for contact with both parents, and recognize that there are other factors that the court should consider in deciding what orders to make regarding child custody when the parents are unable to agree.  

A shared parenting presumption is a thinly disguised and ill-advised attempt to elevate the parental time considerations above the other factors set forth in our statutes, and should be rejected by this task force.

Tuesday, April 17, 2018

LETTER SUBMITTED TO JUDGE PATRICK L. CARROLL III ABOUT THE PETITION TO ADD A MANDATORY PARENTAL RESPONSIBIILTY PLAN TO THE AUTOMATIC ORDERS!

April 9, 2018


Judge Patrick L. Carroll III,
Chief Court Administrator
Supreme Court Building
231 Capitol Avenue
Hartford, CT 06106

Petition:  Add a Mandatory Parental Responsibility Plan to the Automatic Orders

Dear Judge Carroll:

On behalf of the “Divorce in Connecticut” website, and for the benefit of the people of Connecticut, I am writing to you about the website’s change.org petition on the above referenced matter related to Parental Responsibility Plans in Family Court Matters.  The content of the petition is attached to this letter.

As was noted on the petition, while there are very specific orders in regard to financial behavior during the pendente lite period in a Family Court Matter, there are very few guidelines in regard to the care of children.  I am hoping that the CT Judicial Branch could refine the language of the automatic orders to include a provision that requires that, within 30 days of the return day, the parties submit to the Court a Parental Responsibility Plan, i.e. Form JD-FM-199.  Sometimes parents in Family Court continue on for months without any agreement which results in constant struggles for those parents and children.  These struggles inevitably require continual interventions by family relations and legal professionals which bogs down an already overburdened Court system. 

The advantage of putting a Parental Agreement in place right away is that it would establish proper boundaries between the parties in a divorce and thereby reduce confrontations, arguments, exposure to DV, unnecessary lapses in parental contact, and extra legal expenses.  In particular, each party would know what their responsibilities are in regard to their children, and they would have in place specific parenting time with their children right from the beginning.  This will reduce the unfortunate tug of war situations with children that come up during divorce proceedings due to a lack of clarity. 

It could be that parties will be unable to come to an agreement within the allotted time period, which would simply mean submitting a statement to that effect to the Court, which can then direct the case towards special services for high conflict couples.  In my opinion, you might as well know where you stand right away in a case and get started addressing the obstacles immediately rather than allowing them to fester for months before addressing them..

I have also enclosed signatures from 100 supporters who believe that this kind of provision would significantly reduce conflict between divorcing couples.  I will concede that some of them live in such far flung places as Belgium and Australia, but I believe their wisdom counts as well.  In future, I will restrict petitions to the State of Connecticut since primarily the views of our own citizens are what counts.  However, I believe that common sense and the many CT citizens who did sign this petition indicate that such a provision requiring Parental Responsibility Plans right from the start of a divorce should be put into place.
I would be interested in hearing your perspective on this issue.  It would be valuable to know if others whose opinions you respect have expressed this concern or if the CT Judicial Branch shares some of these concerns as well. Does my solution make sense to you?  I have been unsure whether i should approach the CT Judicial Branch, or my representatives, but just in case I thought I’d approach you first and get your feedback. If you have any suggestions for how I could proceed further, or insights that could assist me in crafting this idea more effectively, I would highly appreciate hearing your thoughts.  Thank you very much for your time.

Sincerely,



Elizabeth A. Richter, Manager
Divorce in Connecticut Website
P.O. Box 5 * Canton, CT  06019
earichter@aol.com * 860-751-4668

Enclosures

cc:
Chief Justice Chase T. Rogers
Rep. Minnie Gonzalez
Rep. William Tong
Sen. Paul Doyle
Sen. Ed Gomes
Sen. John A. Kissel
Rep. Prasad Srinivasan
Sen. Mae Flexor
Karen Jarmoc, CCADV
Catharine Bailey, CWEALF




Monday, April 16, 2018

NY TIMES ARTICLE IN 2006 CITES THE EXACT SAME PROBLEMS IN CT FAMILY COURT THAT WE HAVE IN 2018!

By Avi Salzman, September 11, 2005

"The mother from North Haven sat in the back of Judge Patricia L. Harleston's wood-paneled courtroom at the New Haven County Courthouse and cried quietly. She was unemployed, she owed more than $2,000 in child support and she had no idea how she was going to defend herself. She said she couldn't afford a lawyer, so she was representing herself at the child support hearing. Meanwhile, the lawyer for the father of her children sat across the room.

"I don't know what my rights are," said the mother, who asked that her name not be used because of the sensitive nature of the hearing. "When someone else has an attorney, they know all the ins and outs and I don't."

Same players, same victims, except in 2005 only 50% of litigants were self represented.  In 2018, 89% of litigants are self represented.  Note the reference to how the majority of self represented litigants are women! 

Thursday, April 5, 2018

MS. KATE CALLAHAN, CT'S STATE TROUBADOUR, SINGS "LOVE WINS OUT" BEFORE THE CT HOUSE OF REPRESENTATIVES ON MARCH 12, 2018!

CT JUDICIARY COMMITTEE UNANIMOUSLY PASSES S.B. NO. 466 TO REDUCE DUAL ARRESTS IN CASES OF DV!

Raised S.B. No. 466 
Session Year 2018


AN ACT CONCERNING DUAL ARRESTS AND THE TRAINING REQUIRED OF LAW ENFORCEMENT PERSONNEL WITH RESPECT TO DOMESTIC VIOLENCE.

"To reduce the number of dual arrests that occur in domestic violence cases and enhance domestic violence training offered to state and local law enforcement agencies."
For more information on this bill which was passed successfully by the Judiciary Committee, please see the link below:
RELATED ARTICLES:
Copy of the proposed bill, see below:
Karen Jarmoc's (CCADV) remarks on the problem of dual arrests in CT, see below:
Testimony from Sanna Dilawar about her horrible experience of dual arrest, see below:

S.B. NO. 479 PROTECTING MEDICAL PROFESSIONALS IN A DCF CASE APPEARS TO HAVE BEEN PASSED UNANIMOUSLY BY THE JUDICIARY COMMITTEE!

Raised S.B. No. 479 
Session Year 2018

AN ACT CONCERNING IMMUNITY FROM CIVIL OR CRIMINAL LIABILITY FOR PERSONS PROVIDING MEDICAL ASSISTANCE OR INTERVENTION IN A CHILD ABUSE OR NEGLECT CASE.

"To extend the immunity provided to those who in good faith report suspected child abuse or neglect to medical professionals involved in the evaluation of the suspected abuse or neglect."
For more information on this bill, which recently passed through the judiciary committee successfully, please click on the link below:
Comment:  From my perspective this might be helpful because pedophiles are often encouraged to sue the heck out of the medical professionals who report them and this acts as a deterrant when doctors are confronted with cases of abuse and are considering whether to report.

H.B. No. 5575 APPEARS TO HAVE PASSED THROUGH THE JUDICIARY COMMITTEE UNANIMOUSLY!


Raised H.B. No. 5575 
Session Year 2018


AN ACT CONCERNING THE APPOINTMENT OF A LICENSED HEALTH CARE PROFESSIONAL TO PROVIDE TREATMENT OR AN EVALUATION IN CONNECTION WITH A FAMILY RELATIONS MATTER.

"To allow a party to a family relations matter to have greater input on the selection of a licensed health care professional who is to provide treatment or an evaluation in connection with such matter."
For more information on this bill which recently passed successfully through the judiciary committee, see the link below:

https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&bill_num=HB05575&which_year=2018

Friday, March 30, 2018

12 MYTHS THE CT JUDICIAL BRANCH USES TO BLAME GAL ABUSE ON FAMILY COURT VICTIMS!

1.  The work of GALs and AMCs reduces conflict and keeps the cost of cases down.

There are approximately 11,000 post judgment cases each year where litigants return to court because they are dissatisfied with the agreements in their cases.  That is approximately 1/3 of the cases settled each year.  These numbers do not represent a success rate.  Further, the GAL is supposed to consider in their "analysis" information gleaned from third party sources such as school records, medical providers, and law enforcement, GALs often do no or little "research" into the real cause of the parental conflict - this failure seems to benefit the GAL financially, as they are able to keep the case going by covering up abusive behavior and pretending both parties are the reason for ongoing conflict. 

PROPOSED BILL BEFORE THE CT JUDICIARY COMMITTEE ON DUAL ARRESTS - HEARING ON APRIL 2, 2018 AT 10:00AM IN ROOM 2C OF THE LOB!


General Assembly
Raised Bill No. 466 
February Session, 2018
LCO No. 2265
*02265_______JUD*
Referred to Committee on JUDICIARY 
Introduced by:
(JUD)
AN ACT CONCERNING DUAL ARRESTS AND THE TRAINING REQUIRED OF LAW ENFORCEMENT PERSONNEL WITH RESPECT TO DOMESTIC VIOLENCE.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 46b-38b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

Wednesday, March 28, 2018

ELIZABETH A. RICHTER TESTIMONY TO THE CT JUDICIARY COMMITTEE ON BILL #505!

Dear Sir/Madame:

While I support the intent of Bill #505 in terms of cutting back on inappropriate judicial activism--i.e. taking on the role of the legislature in creating law--I have serious concerns about Section 3 (a) of the bill as follows:

(a) The Superior Court shall be the sole court of original jurisdiction for all causes of action, except such actions over which the courts of probate have original jurisdiction, as provided by statute. The Superior Court shall have exclusive jurisdiction in cases at law and equity and in all criminal matters originating before it to determine credibility and find facts based upon the evidence submitted.

Unfortunately, on the superior court level, because there is a widespread failure to obey the Rules of Evidence or The Practice Book, incorrect facts end up in the record all the time, particularly when it comes to litigants with disabilities or with self represented parties.  Unless protocols were put into place on the superior court level to safeguard litigants' right to correct any errors of fact that enter into the record, the inability to appeal decisions made based upon factual error would lead to injustice in a great many cases, particularly in regard to the most vulnerable. Therefore, I would either rewrite this section to address the concerns I've raised or simply vote down this bill.

Thank you very much for your time and attention to this matter and your careful consideration of the concerns that I've raised. 

Sincerely,

Elizabeth A. Richter