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.
Thursday, November 11, 2010
Monday, November 1, 2010
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.
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.
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