In Recognition of Our Veterans, November 11, 2010

The joys and liberties we may take for granted in our free country are today recognized. Further, we find it a privilege to say thank you to the service men and women for ensuring our freedoms. May God bless your families and each of you individually.

Consider supporting these area museums in honor of our veterans.

The Buffalo Solider Museum            http://buffalosoldiermuseum.com/

The Veterans Museum in Texas       http://www.theveteransmuseumintexas.org/index.htm



Taken from http://www1.va.gov/opa/vetsday/vetdayhistory.asp

In November 1919, President Wilson proclaimed November 11 as the first commemoration of Armistice Day with the following words: "To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…"

The original concept for the celebration was for a day observed with parades and public meetings and a brief suspension of business beginning at 11:00 a.m.

The United States Congress officially recognized the end of World War I when it passed a concurrent resolution on June 4, 1926, with these words:

Whereas the 11th of November 1918, marked the cessation of the most destructive, sanguinary, and far reaching war in human annals and the resumption by the people of the United States of peaceful relations with other nations, which we hope may never again be severed, and

Whereas it is fitting that the recurring anniversary of this date should be commemorated with thanksgiving and prayer and exercises designed to perpetuate peace through good will and mutual understanding between nations; and

Whereas the legislatures of twenty-seven of our States have already declared November 11 to be a legal holiday: Therefore be it Resolved by the Senate (the House of Representatives concurring), that the President of the United States is requested to issue a proclamation calling upon the officials to display the flag of the United States on all Government buildings on November 11 and inviting the people of the United States to observe the day in schools and churches, or other suitable places, with appropriate ceremonies of friendly relations with all other peoples.

An Act (52 Stat. 351; 5 U. S. Code, Sec. 87a) approved May 13, 1938, made the 11th of November in each year a legal holiday—a day to be dedicated to the cause of world peace and to be thereafter celebrated and known as "Armistice Day." Armistice Day was primarily a day set aside to honor veterans of World War I, but in 1954, after World War II had required the greatest mobilization of soldiers, sailors, Marines and airmen in the Nation’s history; after American forces had fought aggression in Korea, the 83rd Congress, at the urging of the veterans service organizations, amended the Act of 1938 by striking out the word "Armistice" and inserting in its place the word "Veterans." With the approval of this legislation (Public Law 380) on June 1, 1954, November 11th became a day to honor American veterans of all wars.

DFPS's Policies to Abide by the Fourth Amendment

The below is from Section 1230 of the DFPS Child Protective Services Handbook.  This section explains how DFPS is to abide by the US Constitution in making searches and seizures.

The Fourth Amendment of the United States Constitution regulates DFPS investigations. Though DFPS investigations entail some unavoidable infringement on the privacy of the persons involved, the Fourth Amendment provides families and children protection from unreasonable search and seizure.



Definitions of Search and Seizure


A search is the act of entering a home or inspecting another place where a person has a reasonable expectation of privacy.


A seizure is an act that would make a reasonable person feel that he, she, or other persons (such as family members) are not free to leave.


An individual is protected by the Fourth Amendment any time that DFPS performs a search or seizure.


Definition of Imminent and Exigent

Imminent means immediate. For example, unless CPS staff believe that the child is in immediate jeopardy or sexual abuse is about to occur, an emergency removal without a court order is not warranted.


Exigent circumstance is a situation that requires immediate action, such as the example described above.


Examples of DFPS Activities That Invoke Fourth Amendment Protection


There are four primary examples of DFPS activities that invoke Fourth Amendment protection. The proper legal steps for performing any of these actions while protecting Fourth Amendment rights are as follows. Consult the relevant policy for additional guidance:


1. Entry of a home:


• Obtain positive and unequivocal voluntary consent from a person legally authorized to give permission to enter. Whether a person is authorized to give consent varies with the person’s age, role, and location


OR

• Obtain a court order authorizing entry of the home


OR


• Establish that there are exigent circumstances. This means that based on the totality of the circumstances:


• there is reasonable cause to believe a child in the home is in imminent danger;


AND


• the purpose of the entry is to prevent the danger


2. Visual examination of a child:


• Obtain consent from the child, a parent, or a person with legal responsibility for the child


OR


• Obtain a court order authorizing physical inspection of a child


3. Transporting a child from school:


• Obtain consent from a parent or person with legal responsibility for the child


OR


• Obtain a court order authorizing transporting a child from school


OR


• Hold a reasonable belief that the child has been abused and probably will suffer further abuse upon the child's return home at the end of the school day


4. Removal of a child:


• Obtain consent for a parental child safety placement


OR


• Obtain a court order for removal and conservatorship before the removal of the child


OR


• Establish that there are exigent circumstances that require an emergency removal without a prior court order. This means that based on the totality of the circumstances there is reasonable cause to believe that the child is in imminent danger of physical or sexual abuse if he or she remains in the home.

Family Freedom and Fellowship Celebrations

Enjoy your celebrations for Juneteenth, National Reunification Day, and even pre-Fathers Day celebrations today.  As you celebrate reflect on the importance of the love of a family.  This most basic unit should not be taken for granted.  Pray with me today for families.  Whether your family experience is worth celebrating, we could all benefit from its strengthening.

Texas Dept of Family and Protective Services and Texas CPS Organization

The Title IV-B  of the Social Security Act authorizes the federal government to extend millions of dollars to state public welfare agencies that provide child welfare services.  Texas receives the  funds through the Texas Department of Family and Protective Services (DFPS).  Inorder to receive the fiscal allotment through Title IV-B and under the Child Abuse Prevention and Treatment Act (CAPTA), DFPS was required to file a plan. Part of the plan includes an organizational chart of Texas Department of Family and Protective Services and Child Protectives Services.

In this installment of understanding the Texas Department of Family and Protective Services agency, we are providing their organizational charts.  If you would like to know how DFPS and CPS are organized for Texas please see the below link.
http://www.dfps.state.tx.us/About/Title_IV-B_State_Plan/2010-2014_State_Plan/3_Organizational_Charts.pdf

Learn who reports to the DFPS Commissioner, Anne Heiligenstein, and the CPS Assistant Commissioner, Audrey Deckinga.  Questions can be directed to Ms. Deckinga at (512) 438-3313.

Did You Know About the 4/7/10 Public Notice from Texas Education Agency?

On April 7, 2010, the Texas Education Agency filed a public notice announcing the availability of the Individuals with Disabilities Education Act, Part B, Federal Fiscal Year 2010 State Application.


The below notice can be found on the Texas Register's website at http://www.sos.state.tx.us/texreg/sos/in-addition/in-addition.html#281.  Emphasis added.  The public typically has 30 days from the filing date of public notices to make any comments.

Purpose and Scope of the Individuals with Disabilities Education Act (IDEA), Part B, Federal Fiscal Year (FFY) 2010 State Application and its Relation to Part B of the IDEA. As a result of the 2004 amendments to the IDEA, all states must ensure that the state has on file with the Secretary of the U.S. Department of Education assurances that the state meets or will meet all of the eligibility requirements of Part B of the IDEA as amended in 2004 by Public Law 108-446. A state may do this by one of the following methods: (1) providing assurances in the Part B FFY 2010 State Application that it has in effect policies and procedures to meet the requirements of Part B of the IDEA as amended in 2004 by Public Law 108-446; (2) providing assurances in the State Application that the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations and make such changes to existing policies and procedures as necessary to bring those policies and procedures into compliance with the requirements of IDEA, as amended, as soon as possible and not later than June 30, 2011; or (3) submitting modifications to state policies and procedures previously submitted to the U.S. Department of Education.


The State of Texas (Texas Education Agency) has chosen to submit a 2010 State Application providing assurances the state will operate consistent with all the requirements of Public Law 108-446 and applicable regulations.

Availability of the State Application. The Proposed State Application is available on the Texas Education Agency (TEA) Special Education web page at http://www.tea.state.tx.us/special.ed/eligdoc/index.html. The Proposed State Application document may be reviewed and/or downloaded from this web page address. In addition, instructions for submitting public comments are also available from the same site. The Proposed State Application document will also be available at the 20 regional education service centers and at the TEA Library (Ground Floor, Room G-102), 1701 North Congress Avenue, Austin, Texas 78701. Parties interested in reviewing the Proposed State Application should contact the TEA Division of IDEA Coordination at (512) 463-9414.


Procedures for Submitting Written Comments About the Proposed State Application. The TEA will accept written comments pertaining to the Proposed State Application by mail to the Texas Education Agency, Division of IDEA Coordination, 1701 North Congress Avenue, Austin, Texas 78701-1494 or by email to sped@tea.state.tx.us.

Timetable for Submitting the Annual State Application Under Part B of the Individuals with Disabilities Education Act as Amended in 2004 for FFY 2010 to the Secretary of Education for Approval. After review and consideration of all public comments, the TEA will make necessary/appropriate modifications and will submit the State Application on or before May 16, 2010.

Further Information. For more information, contact the TEA Division of IDEA Coordination by mail at 1701 North Congress Avenue, Room 6-127, Austin, Texas 78701; by telephone at (512) 463-9414; by fax at (512) 463-9560; or by email at sped@tea.state.tx.us.


TRD-201001593

Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: April 7, 2010

Can a Juvenile be Sent to TYC on First Offense?

In other words, can a kid be sent away the first time a judge finds he did something wrong? In The Matter of J.A., No. 04-09-00556-CV, the juvenile, J.A. asked that very question to a Texas Appeals Court.


History of the Case
On April 4, 2009, C.G. and a friend were walking outside when they saw J.A. and three others. Because of J.A.’s bad reputation, the two kids decided to walk down a drainage ditch to avoid any confrontation. Unfortunately, J.A. and his three friends beat up C.G. and his friend.  J.A. took shoes from C.G.’s feet and backpack. While J.A. and his friends were kicking and punching C.G., they yelled profanities and identified themselves as gang members.

J.A. had a history of inappropriate behavior. J.A. admitted to smoking marijuana once a month. In the two preceding years he had accumulated 39 school disciplinary referrals which resulted in his expulsion from the school district and being sent to the Bexar County Juvenile Justice Academy. J.A.’s mother and step-father reported that they have had issues with J.A.’s behavior in the past.


Court Proceeding
A youth adjudication hearing is a proceeding in which a Judge will determine if a delinquent act was committed by the youth or if the youth is in need of supervision.

At J.A.’s adjudication hearing, the State and the probation officer recommended commitment to TYC, Texas Youth Commission. However, seven out of ten individuals on the juvenile probation department’s staffing committee recommended probation with participation in GANG ISP and the KAPS program. J.A.’s attorney argued that J.A. was diagnosed with depression disorder and qualified for special education but J.A. had never received any prior resources.

J.A. contended that he should be placed on probation because he had no prior adjudications and described "many of [the thirty-nine school disciplinary] infractions to be rather minor." No. 04-09-00556-CV, In re J.A.

On March 10, 2010, the appellate court affirmed the district court’s decision to send J.A. to TYC. The court stated, “In order for a juvenile to be committed to TYC, the juvenile court must find that:
(1) placement outside the home is in the juvenile's best interests;
(2) reasonable efforts were made to prevent or eliminate the need for removal from the home; and
(3) the juvenile, in the juvenile's home, cannot be provided the quality of care and level of support and supervision the juvenile needs to meet the conditions of probation. Tex. Fam. Code Ann. § 54.04(i)(1) (Vernon Supp. 2009).” Id.

The court reasoned that the trial court did not have to exhaust all possible alternatives before sending a juvenile to TYC.

Conclusion
So encourage kids to stay out trouble. Do not count on getting a "freebie" before real consequences are applied. Confinement in a TYC facility could be theirs even on the first offense.

Reporting Child Abuse

spaceAre you required to report incidents of child abuse and neglect? Yes. Failure to report the incidents may result in criminal misdemeanor charges per Texas Family Code 201.109. If you are among a few qualified professionals, you must report the incidents within 48 hours.

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spaceHowever, careful deliberation should be given to whether what is to be reported is child abuse and neglect or an opinion of child rearing and poor parenting. The results of involving CPS into a family unnecessarily can be catastrophic for all involved.

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spaceConsider the question of whether or not corporal punishment is abusive. While some may find the practice deplorable, studies have shown that the overwhelming majority of the country still use some form of coporal punishment in child rearing. A Texas court wrote the following in IN RE J.A.J., 225 S.W.3d 621 (TX 2006).

space

spaceBut while many critics of corporal punishment contend the practice violates "children's rights" grounded in "their autonomy, dependence . . . capacity for development . . . [and] essential humanity," it is still widely employed in this country. At least 90 percent of American parents have used corporal punishment at some time in rearing their children. So prevalent is the practice that one sociologist has observed, "Were we speaking statistically, we would surely describe those parents who do not spank their children as deviants."

space

spaceA 1992 Ohio study showed that 70 percent of 800 family physicians and 59 percent of 400 pediatricians supported spanking. Moreover, "[r]ecent research on parenting styles has found . . . that `authoritative' styles, characterized by strict discipline, high demands for obedience, and high levels of warmth, tend to produce better-adjusted children than non-authoritative styles." Finally, to the degree that corporal punishment is declining, at least one sociologist has suggested there may well be a direct correlation between the declining use of corporal punishment and rising juvenile violence.

space

space.... However, it is "not a court's function to determine whether `parents measure up to an ideal, but to determine whether the child's welfare has been compromised.'" .... "We must take care not to create a legal standard from our personal notions of how best to discipline a child."

spacespacePlease report incidents of child abuse and neglect. Children should not suffer as others idly watch. Just take care that what is reported is child abuse and neglect.

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From the August 2009 CPS HANDBOOK SECTION 2121

2121 Legal Requirements for Reporting Abuse or Neglect

Any person who has cause to believe that a child is being abused or neglected is required by Texas law to contact CPS or law enforcement. Texas Family Code §§261.101(a); 261.103(a)

Mandatory Reporting for DFPS Staff and Other Professionals
A professional who has cause to believe that a child has been abused or neglected is required by law to report the abuse or neglect within 48 hours of becoming aware of the incident. The professional cannot delegate to or rely on another person to make the report.

For the purposes of reporting, other professionals are defined as persons who are:
· licensed or certified by the state;
OR
· employed by a facility licensed, certified, or operated by the state;
AND
· in the normal course of official duties or duties for which a license or certification is required, have direct contact with children.

The term professional includes:
· teachers;
· nurses;
· doctors;
· day-care employees;
· employees of a clinic or health care facility that provides reproductive services;
· juvenile probation officers; and
· juvenile detention or correctional officers. Texas Family Code §261.101(b)

Demystifying the Texas CPS Internal Process (Segment 1: Section 2110)

Generally everyone acknowledges that children should be protected from harm – in or out of the home. The disagreement arises in the “how.” Some CPS workers, parents, and children report being abused by the current Child Protective Service system. Overworked, faced with unrealistic expectations, and disregarded are claims that any of the involved parties could legitimately make and prove.

To help solve the detrimental gaps, we must be knowledgeable about what does work and what does not. Examining the current CPS procedure is one starting point. Then “We the People” will be able to advocate, to lobby, or to simply inform our legislature of what the great State of Texas should do to fix the system.

Here is the first of many postings taken directly from the Department of Family and Protective Services CPS Handbook, August 2009 edition, http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_2000.jsp#CPS_2100. I am posting portions of the handbook to help anyone involved in Texas CPS matters or interested in the workings of the system.

Please comment or email me your experiences with the “Intake Process” that is being highlighted in this first segment. Where is this current policy working and where could it use improvement? Are you a CPS worker? Is this process working for you? Do you see shortcomings or improvements in this latest process? Are you a parent involved in a CPS matter? Were you informed of the different roles discussed in Section 2110?

2100 The Intake Process for Reports of Abuse or Neglect

2110 The Roles of SWI and CPS During Intake
CPS August 2009

Intake begins when DFPS staff receive a written or spoken report of any kind. The report may or may not contain information about child abuse or neglect. See 1124 Definition of Stages of Service.

The Role of SWI
SWI is the initial point of contact for persons who report abuse or neglect. SWI staff make the initial determination about whether a report meets the criteria for CPS investigation and assessment.

The SWI Intake Worker
The SWI intake worker who receives the initial report gathers as much information from the reporter as necessary to determine whether it appears that a child:

• has been abused or neglected and is still at risk of being abused or neglected; or
• is at risk of being abused or neglected in the foreseeable future.

Based on the information received, the SWI intake worker decides whether to refer a case to CPS for investigation and assessment.

If the SWI worker refers the case to CPS, the worker assigns an initial level of priority to recommend how quickly CPS must respond, based on the current risk to the child.

Roles of Worker and Supervisor
Once the intake worker has decided whether a report meets the guidelines for referral to CPS, the SWI supervisor, CPS supervisor, or CPS investigation screener:

• approves the intake worker's decision; or
• documents the reasons for changing the worker's decision.

See 2145 Changing the Priority of a Report.

The Role of CPS
Once CPS receives the intake from SWI, CPS:

• reviews all reports referred by SWI for possible investigation; and
• decides whether to investigate.

See:
2143 The Role of SWI in Screening Reports of Abuse or Neglect
2141 The Allegations That CPS Accepts for Investigation and Assessment
2144 The Role of CPS in Screening Reports of Abuse or Neglect

See also the SWI Policy and Procedures Handbook, 2100 Assessing Reports Called Into SWI.

With Limited Liberty and Restraints for All

The below is a reprint of a Valentine blog entry found at Everyday Texas Law.

The new transportation and criminal code statutes enacted by the 81st Legislative Session are in effect now. Are you up to speed? Here are a few of the common changes from last year.

1. No Phones Allowed. Unless you are parked, using a hands free device, or in an emergency, you can no longer use a cell phone while in a school zone. This includes calls, texting, games, etc. If you are under the age of 17, you cannot use any wireless device while driving anywhere.

2. Everyone Must Wear Seat Belts. Regardless of where you are in a vehicle, everyone must wear a seat belt or an appropriate restraint. It is a criminal offense for occupants 15 years of age or older. In addition, the driver will be held accountable for allowing passengers under the age of 17 years of age ride without wearing their seat belts.

a. Failure to Buckle Up Criminal Level: Misdemeanor
b. Failure to Self Buckle: $25-$50
c. Failure to Buckle Minor Passengers: $100-$200

3. Appropriate Seating for Children. Previously, once children reached the age of 4, they “graduated” from car seats. Now, Texas is addressing the gap in legislation to protect an even greater number of children. It is now a crime to transport children younger than eight years of age who are not properly secured in a child passenger safety seat system. No offense is committed if the child is taller than 4 feet, 9 inches.

Why the change? Keep in mind that the automobile industry designs vehicles with adults in mind (typically the 170 lbs adult male). Consequently the manufacturers direct occupants to use the appropriate child safety or booster seats per the owner’s manual.

The Tracy Firm provides an excellent magazine each year discussing “How safe are our children in our vehicles.” Please refer to their website for videos, charts, and other valuable information on what the Center on Disease Control has declared the greatest public health problem facing children, motor vehicle injuries.

Regardless of the child’s age, consider the following when determining whether or not a child is ready to use only the vehicle’s seat belt.

• Can the child naturally bend his legs at the knees over the edge of the seat when sitting completely back?
• Does the lap portion of the seat belt fit low on his hips just over the bony structure and top of his thighs?
• Does the shoulder portion of the belt fit across the center of his chest and cross the center of his shoulder?
• Is the child mature enough to remain properly seated without slouching or moving the seat belt into an improper position?
• Is the latch plate as far as possible from his center line?
  

If you answered “no” to any of the above questions, you should keep using a child safety restraint system to minimize potentially fatal car injuries to the child.

a. Failure to Use Child Safety System Criminal Level: Misdemeanor
b. First Offense Penalty: $25, plus other fees and a $0.15 court cost
c. Subsequent Penalty: $250, plus other fees and a $0.15 court costs

4. Open-Bed Truck Rides a Thing of the Past. Just because we are in Texas, I’ll include this last criminal code change.

Drivers will be held accountable for operating an open-bed pickup truck or an open flatbed truck or trailer when a child younger than 18 years of age is in the bed of the truck or trailer.

a. Criminal Level: Misdemeanor
b. Penalty: $25-$200

Now because it’s weekend of Valentine’s Day, I’ll end with this, slightly modified children’s poem.

First comes love,
Then comes marriage,
Then comes baby in a properly-installed-child restraint system-until-age 8-baby carriage.