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Thursday, October 30, 2008

"Advice" : Is where I inform you of the steps You shall take to prevent IMMEDIATE PROSECUTION...

1) Gather your monies.
2) Gather your titles to any available assets.
3) Gather the best & most willing BAIL BOND AGENCY.
4) Get the hell out of DODGE.

"DODGE" : This simply means update your little passport. Find a country that will not allow American Agents in, and Oh...and watch your back on the way.

Some people don't like child abusers.

"POLICE RAID": That simply means you.

A "LANDOWNER" : A PERSON WHO OWNS A PLAT OF LAND.

A "GO-BETWEEN" : A MIDDLEMAN. A "PIMP"

FORNICATION: A VAULT. A BROTHEL IN AN UNDERGROUND VAULT.

CHAUFFEUR

This is where the "RELATIVE BY MARRIAGE" or "CLOSE FRIEND" comes in...

He/SHE is paid to gather fraudulent information, pretend as though it is FACT with "DOCTORED" photos, film, etc. and then RAISE AS MANY "RED FLAGS" as possible EVERY SINGLE DAY UNTIL SOMEONE GRASPS THE INFORMATION, UTILIZING IT TO FRAME AN INNOCENT PERSON - Moving along then to attempt an INVOLUNTARY COMMIT.

This allows the continuance of CHILD MOLESTING, CHILD BRIDE, WHITE-WASHING A HOMICIDE OF CHILDREN WHO WERE NEVER MADE AVAILABLE FOR VISITATIONS, OR TO CONTINUE SEX TRAFFICKING OF CIVILLY KIDNAPPED CHILDREN.

RCW 71.24.025 (27) - (28) "VIOLENT ACT" is the probable cause they now need.

(39) "Violent act" means behavior that resulted in homicide, attempted suicide, nonfatal injuries, or substantial damage to property.

For verification of victims of a severe form of trafficking (victim) alien status

For verification of victims of a severe form of trafficking (victim) alien status, SSA uses three distinct procedures depending on the victim’s situation: a victim may have (1) a valid EAD; (2) a current DHS issued document (such as an I-94), but no EAD; or (3) no DHS issued documents, only an original ORR certification letter or a letter of eligibility (child determination letter). Please note that when a victim does not have a DHS issued document as proof of alien status, an original ORR certification letter or child determination letter is proof that the individual is a victim. In either situation (2) or (3), the victim is eligible to receive a non-work SSN for benefits purposes.
SSA outlines procedures for assigning and issuing SSNs to victims in the attached Emergency Message-01133, “Assigning SSNs to a New Category of Aliens—Victims of Severe Forms of Trafficking,” effective August 10, 2001.
All of SSA’s policies and procedures can be found in its Program Operations Manual System (POMS) online at http://policy.ssa.gov/poms.nsf.
Questions regarding this information should be directed to Gayle Smith, Director, Division of Budget, Policy, and Data Analysis (DBPDA) at (202) 205-3590, or by e-mail at gsmith@acf.hhs.gov.

MINIMUM REQUIREMENT ON HOW TO RETARD A CHILD DEPRIVING HIM/HER OF HIGH LEVEL POTENTIAL VIA FRAUD REPORTS WHILE STILL MINOR THEN FRAME PARENTS.

Mental Health Definitions

For more Mental Heath definitions click here.
Access to Care Standards -
Minimum eligibility requirements for Medicaid eligible persons to access mental health services through the publicly funded system.

Acute :
Situation in which a child or adolescent is in need of immediate mental health services due to the acuity of their mental illness.

At Risk Youth/Becca Bill :
Laws of 1995 Chapter 313 amended RCW 71.34 and other statues covering child welfare, chemical dependency, and truancy. The bill's purpose was to preserve, strengthen and reconcile families experiencing problems with at-risk youths. The bill included court interventions for at-risk and truant youths and provisions for treatment.

Brief Intervention :
Solution focused, outcomes oriented and time limited set of activities for the purpose of achieving goals identified in the consumer's individual treatment plan.

Child Psychiatrist :
A person having a license as a physician and surgeon in this state, who has had graduate training in child psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and who is board eligible or board certified in child psychiatry.

Children's Mental Health Specialist :
(a) A mental health professional who has completed a minimum of one hundred actual hours, not quarter or semester hours, of specialized training devoted to the study of child development and the treatment of children; and
(b) A mental health professional who has the equivalent of one year of full-time experience in the treatment of children under the supervision of a children's mental health specialist.

Children's Long-Term Inpatient Programs (CLIP) :
Long-term residential inpatient program for children and youths. There are five CLIP programs, including CSTC. The CLIP Administration is the clinical and administrative authority overseeing admissions to the CLIP programs.

Child Study and Treatment Center (CSTC) :
The state psychiatric hospital for children and youths and one of the CLIP Programs.

Commitment :
A determination by a judge or court commissioner, made after an involuntary commitment hearing, that the minor is in need of inpatient diagnosis, evaluation, or treatment or that the minor is in need of less restrictive alternative treatment, and the minor is unwilling to consent to such care voluntarily.

Community Mental Health Agency (CMHA) -
A licensed facility providing mental health services. Throughout this page, community mental health agencies will be called agencies.

Consent :
Agreement to receive treatment following the act of informing the patient about the nature and character of proposed treatment, anticipated results of treatment and alternative forms of treatment.

County Designated Mental Health Professional (CDMHP) :
A mental health professional designated by one or more counties to perform the functions of a county-designated mental health professional described in RCW 71.34.

Crisis Triage :
The continuum of activities and services that provide a coordinated, integrated and multi-disciplinary approach to the assessment and stabilization of persons who are experiencing behavioral health crisis and the linkage of these persons to other needed supportive services.

Emergent Care -
Service provided for a person that, if not provided, would likely result in the need for crisis intervention or for hospital evaluation due to concerns of potential danger to self, others, or grave disability.

Enrollee -
An individual who is a Medicaid recipient who has been enrolled in a mental health prepaid inpatient health plan.

Evaluation and Treatment Facility :
A public or private facility or unit that is certified by the department to provide emergency, inpatient, residential, or outpatient mental health evaluation and treatment services for minors. A physically separate and separately operated portion of a state hospital may be designated as an evaluation and treatment facility for minors. A facility which is part of or operated by the department or federal agency does not require certification.


No correctional institution or facility, juvenile court detention facility, or jail may be an evaluation and treatment facility within the meaning of RCW 71.34.

Evaluation and Treatment Program :
The total system of services and facilities coordinated and approved by a county or combination of counties for the evaluation and treatment of minors under RCW 71.34. There are very few certified Inpatient Evaluation and Treatment facilities for children and youths.

Family Support :
Family support groups and advocacy to families in which there is a seriously disturbed child or adolescent or an adult with severe and persistent mental illness.

Gravely Disabled Minor :
A minor who, as a result of a mental disorder, is in danger of serious physical harm resulting from a failure to provide for his or her essential human needs of health or safety, or manifests severe deterioration in routine functioning evidenced by repeated and escalating loss of cognitive or volitional control over his or her actions and is not receiving such care as is essential for his or her health or safety.

Group Treatment :
Set of face-to-face activities provided by one or more staff under the supervision of a mental health professional to two or more consumers which are designed to help a consumer attain goals as described in the consumer's individual treatment plan.

Individual Treatment :
A set of treatment activities designed to help a consumer attain goals as prescribed in the consumer's individual treatment plan.

Individualized and Tailored Care (ITC) :
A process utilized in individualized, strengths-based treatment. The process is also known as Wraparound.


Inpatient Treatment :

Twenty-four-hour-per-day mental health care provided within a general hospital, psychiatric hospital, or residential treatment facility certified by the department as an inpatient evaluation and treatment facility for minors.

Least Restrictive Alternative (LRA) or Less Restrictive Setting :
Outpatient treatment provided to a minor who is not residing in a facility providing inpatient treatment as defined in RCW 71.34.

Level of Functioning:
Determined by assessments that look at the child or adolescent's level of performance across life areas such as psychological, social, educational, daily living skills etc. Level of functioning is used in treatment planning and assessing change over time.

Likelihood of Serious Harm :
Either:
(a) A substantial risk that physical harm will be inflicted by an individual upon his or her own person, as evidenced by threats or attempts to commit suicide or inflict physical harm on oneself;
(b) a substantial risk that physical harm will be inflicted by an individual upon another, as evidenced by behavior which has caused such harm or which places another person or persons in reasonable fear of sustaining such harm; or
(c) a substantial risk that physical harm will be inflicted by an individual upon the property of others, as evidenced by behavior which has caused substantial loss or damage to the property of others.
Medical Necessity or Medically Necessary - A requested service which is reasonably calculated to prevent, diagnose, correct, cure, alleviate or prevent the worsening of conditions in the recipient that endanger life, or cause suffering or pain, or result in illness or infirmity, or threaten to cause or aggravate a handicap, or cause or physical deformity or malfunction, and there is no other equally effective, more conservative or substantially less costly course of treatment available or suitable for the person requesting service. Course of treatment may include mere observation or, where appropriate, no treatment at all.
Additionally, the individual must be determined to have a mental illness covered by Washington State for public mental health services. The individual's impairment(s) and corresponding need(s) must be the result of a mental illness. The intervention is deemed to be reasonably necessary to improve, stabilize or prevent deterioration of functioning resulting from the presence of a mental illness. The individual is expected to benefit from the intervention. Any other formal or informal system or support can not address the individual's unmet need.

Medication Management :
The prescribing and/or administering and reviewing of medications and their side effects.

Medication Monitoring :
Cueing, observing, and encouraging consumers to ensure that medications are taken as prescribed and reporting back to persons licensed to perform medication management services for the benefit of the consumer.

Mental Disorder :
Any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. The presence of alcohol abuse, drug abuse, juvenile criminal history, antisocial behavior, or mental retardation alone is insufficient to justify a finding of "mental disorder" within the meaning of this section.
Mental Health Care Provider (MHCP) - The individual with primary responsibility for implementing an individualized plan for mental health rehabilitation services.

Mental Health Division (MHD) -
The Division within the state Department of Social and Health Services (DSHS) with responsibility for public mental health services.

Mental Health Professional -
An individual who meets the standards defined in Washington State law. The standards are based on how much education the person has and how much experience the person has in mental health. Most mental health professionals have a Master's Degree and at least two years experience in mental health. There are some exceptions which are defined in the law. Psychiatrists, psychologists, psychiatric nurses and social workers are all mental health professionals.

Minor :
Any person under the age of eighteen years. Under RCW 71.34, a minor is a person 13 years of age up to his or her 18th birthday.
Ombuds Service - A person who can help you when you need to file a grievance or fair hearing.
Outpatient Service - Mental health services provided in the community.

Parent :
a. A biological or adoptive parent who has legal custody of the child, including either parent if custody is shared under a joint custody agreement; or b. A person or agency judicially appointed as legal guardian or custodian of the child.

Parent Support :
A type of support parents or caregivers who are raising or have raised children with complex mental health needs provides to another. The support is based on the personal experiences of the supporting parent.Psychoeducation : A core set of characteristics of effective psychoeducation programs that teach and explore the provision of emotional support, education, reducing stressors, resources during periods of crisis, and problem-solving skills to consumers and their family members.
Professional Person in Charge or Professional Person : A physician or other mental health professional empowered by an evaluation and treatment facility with authority to make admission and discharge decisions on behalf of that facility.

Psychiatric Nurse :
A registered nurse who has a bachelor's degree from an accredited college or university, and who has had, in addition, at least two years' experience in the direct treatment of mentally ill or emotionally disturbed persons, such experience gained under the supervision of a mental health professional. "Psychiatric nurse" shall also mean any other registered nurse who has three years of such experience.

Psychiatrist :
A person having a license as a physician in this state who has completed residency training in psychiatry in a program approved by the American Medical Association or the American Osteopathic Association, and is board eligible or board certified in psychiatry.

Psychologist :
A person licensed by a state examining board. This person must pass an oral or written exam or both as prescribed by the examining board. In addition, this person must have a doctoral degree from a regionally accredited institution obtained from an integrated program of graduate study in psychology. This person must also have had at least two years of supervised experience of which at least was one must have been after the doctoral degree was granted. RCW 18.83.070

Recovery -
Mental health recovery is a journey of healing and transformation enabling a person with a mental health problem to live a meaningful life in a community of his or her choice while striving to achieve his or her full potential.

Regional Support Network (RSN) -
County or group of counties responsible for local public mental health services.
Responsible Other : The minor, the minor's parent or estate, or any other person legally responsible for support of the minor.
Secretary : The Secretary of the Department of Social and Health Services or secretary's designee.
Start of Initial Detention : The time of arrival of the minor at the first evaluation and treatment facility offering inpatient treatment if the minor is being involuntarily detained at the time. With regard to voluntary patients, "start of initial detention" means the time at which the minor gives notice of intent to leave under the provisions of this chapter.

Urgent Care -
To be provided to persons approaching a mental health crisis. If services are not received within 24 hours of the request, the person's situation is likely to deteriorate to the point that emergent care is necessary.

Saturday, October 11, 2008

~ Bismillah Ir Rahman Ir Rahim ~

Friday, October 10, 2008

MY KIDS WERE TAKING PICTURES RUNNING & PLAYING & HAVING FUN WITH BABY DOLLS IN TUTU'S & SCHOOL BUSES. NOT CHILD PORNOGRAPHY.


CPS ALERT!!!! WHERE ARE THEY FOR THE SERIOUSLY MENTAL ILL & ACTUAL CHILD ABUSERS. INSTEAD OF STEALING MY KIDS TO UTILIZE FOR CHILD RAPE & ABUSE.

Ex wife who is in California threatened that should I not leave her husband's house she will call the police to have me removed. The only problem is HE is my husband, LEGALLY.





Mothernlaw with kids again. In the spotlight.



Baby abused, yet again.




Little Nazi soldier.







Broken teeth. Having to go to Emergency Room atleast 6 times in one month. WHERE IS CPS FOR THESE ABUSED & EXTREMELY NEGLECTED KIDS.?





Mother N Son happy alone with kids.

















Kids taking pictures with BOTTLE NIPPLES WHILE AT HOME ALONE WITH MOTHER.








BIG CHILD STILL DRINKING FROM A BOTTLE.









CHILDREN POSING FOR PICTURES WITH BOTTLE NIPPLES IN MOUTH. WHO TAKES 1500 PICTURES OF THEIR CHILDREN WITH BOTTLE NIPPLES. COME ON!!!!!!!! WHERE IN THE HELL IS CPS!!!










To the person who is so desperate enough to log into my blog to erase my point of view and LIFE-WORK, take your BROKE JEALOUS SELF TO WHERE YOU CAME

FROM. JUSTICE WILL PREVAIL. YOU PITIFUL UNGRATEFUL LOSER. I PRAY ALLAH RELEASES THE DEVIL OUT OF YOU . YOU HAVE VIOLATED MY JOY. YOU HAVE VIOLATED MY WELL-BEING. YOU HAVE VIOLATED ANY AND ALL THAT BRINGS MYSELF HAPPINESS. YOU HAVE NO RESPECT FOR MOTHERS, THE VALUE OF HONESTY, THE VALUE OF A FAMILY. I WILL NO LONGER ALLOW YOU TO DEHUMANIZE ME, MY RIGHTS, MY CHILDREN, WITH YOUR SICK JEALOUSY.
*******

AMBER ALERT OVERVIEW

HAGUE CONVENTION ON THE CIVIL ASPECTS OF INTERNATIONAL CHILD ABDUCTION
USCS Child Abduction (Hague) (2005)
Convention on Child Abduction (Hague)
(TIAS 11670) The States signatory to the present Convention.
Firmly convinced that the interests of children are of paramount importance in matters relating to their custody.
Desiring to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence, as well as to secure protection for rights of access.
Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions--
Chapter I. Scope of the Convention
Article 1. The objects of the present Convention are--
a. to secure the prompt return of children wrongfully removed to or retained in any Contracting State; and
b. to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States.
Article 2. Contracting States shall take all appropriate measures to secure within their territories the implementation of the objects of the Convention. For this purpose they shall use the most expeditious procedures available.
Article 3. The removal or the retention of a child is to be considered wrongful where--
a. it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b. at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
The rights of custody mentioned in sub-paragraph a above, may arise in particular by operation of law or by reason of a judicial or administrative decision, or by reason of an agreement having legal effect under the law of that State.
Article 4. The Convention shall apply to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights. The Convention shall cease to apply when the child attains the age of 16 years.
Article 5. For the purposes of this Convention--
a. "rights of custody" shall include rights relating to the care of the person of the child and, in particular, the right to determine the child's place of residence;
b. "rights of access" shall include the right to take a child for a limited period of time to a place other than the child's habitual residence.
Chapter II. Central Authorities
Article 6. A Contracting State shall designate a Central Authority to discharge the duties which are imposed by the Convention upon such authorities.
Federal States, States with more than one system of law or States having autonomous territorial organizations shall be free to appoint more than one Central Authority and to specify the territorial extent of their powers. Where a State has appointed more than one Central Authority, it shall designate the Central Authority to which applications may be addressed for transmission to the appropriate Central Authority within that State.
Article 7. Central Authorities shall co-operate with each other and promote co-operation amongst the competent authorities in their respective States to secure the prompt return of children and to achieve the other objects of this Convention.
In particular, either directly or through any intermediary, they shall take all appropriate measures--
a. to discover the whereabouts of a child who has been wrongfully removed or retained;
b. to prevent further harm to the child or prejudice to interested parties by taking or causing to be taken provisional measures;
c. to secure the voluntary return of the child or to bring about an amicable resolution of the issues;
d. to exchange, where desirable, information relating to the social background of the child;
e. to provide information of a general character as to the law of their State in connection with the application of the Convention;
f. to initiate or facilitate the institution of judicial or administrative proceedings with a view to obtaining the return of the child and, in a proper case, to make arrangements for organizing or securing the effective exercise of rights of access;
g. where the circumstances so require, to provide or facilitate the provision of legal aid and advice, including the participation of legal counsel and advisers;
h. to provide such administrative arrangements as may be necessary and appropriate to secure the safe return of the child;
i. to keep each other informed with respect to the operation of this Convention and, as far as possible, to eliminate any obstacles to its application.
Chapter III. Return of Children
Article 8. Any person, institution or other body claiming that a child has been removed or retained in breach of custody rights may apply either to the Central Authority of the child's habitual residence or to the Central Authority of any other Contracting State for assistance in securing the return of the child.
The application shall contain--
a. information concerning the identity of the applicant, of the child and of the person alleged to have removed or retained the child;
b. where available, the date of birth of the child;
c. the grounds on which the applicant's claim for return of the child is based;
d. all available information relating to the whereabouts of the child and the identity of the person with whom the child is presumed to be.
The application may be accompanied or supplemented by--
e. an authenticated copy of any relevant decision or agreement;
f. a certificate or an affidavit emanating from a Central Authority, or other competent authority of the State of the child's habitual residence, or from a qualified person, concerning the relevant law of that State;
g. any other relevant document.
Article 9. If the Central Authority which receives an application referred to in Article 8 has reason to believe that the child is in another Contracting State, it shall directly and without delay transmit the application to the Central Authority of that Contracting State and inform the requesting Central Authority, or the applicant, as the case may be.
Article 10. The Central Authority of the State where the child is shall take or cause to be taken all appropriate measures in order to obtain the voluntary return of the child.
Article 11. The judicial or administrative authorities of Contracting States shall act expeditiously in proceedings for the return of children.
If the judicial or administrative authority concerned has not reached a decision within six weeks from the date of commencement of the proceedings, the applicant or the Central Authority of the requested State, on its own initiative or if asked by the Central Authority of the requesting State, shall have the right to request a statement of the reasons for the delay. If a reply is received by the Central Authority of the requested State, that Authority shall transmit the reply to the Central Authority of the requesting State, or to the applicant, as the case may be.
Article 12. Where a child has been wrongfully removed or retained in terms of Article 3 and, at the date of the commencement of the proceedings before the judicial or administrative authority of the Contracting State where the child is, a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith.
The judicial or administrative authority, even where the proceedings have been commenced after the expiration of the period of one year referred to in the preceding paragraph, shall also order the return of the child, unless it is demonstrated that the child is now settled in its new environment.
Where the judicial or administrative authority in the requested State has reason to believe that the child has been taken to another State, it may stay the proceedings or dismiss the application for the return of the child.
Article 13. Notwithstanding the provisions of the preceding Article, the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that--
a. the person, institution or other body having the care of the person of the child was not actually exercising the custody rights at the time of removal or retention, or had consented to or subsequently acquiesced in the removal or retention; or
b. there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.
The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views.
In considering the circumstances referred to in this Article, the judicial and administrative authorities shall take into account the information relating to the social background of the child provided by the Central Authority or other competent authority of the child's habitual residence.
Article 14. In ascertaining whether there has been a wrongful removal or retention within the meaning of Article 3, the judicial or administrative authorities of the requested State may take notice directly of the law of, and of judicial or administrative decisions, formally recognized or not in the State of the habitual residence of the child, without recourse to the specific procedures for the proof of that law or for the recognition of foreign decisions which would otherwise be applicable.
Article 15. The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.
Article 16. After receiving notice of a wrongful removal or retention of a child in the sense of Article 3, the judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention or unless an application under this Convention is not lodged within a reasonable time following receipt of the notice.
Article 17. The sole fact that a decision relating to custody has been given in or is entitled to recognition in the requested State shall not be a ground for refusing to return a child under this
Convention, but the judicial or administrative authorities of the requested State may take account of the reasons for that decision in applying this Convention.
Article 18. The provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.
Article 19. A decision under this Convention concerning the return of the child shall not be taken to be a determination on the merits of any custody issue.
Article 20. The return of the child under the provisions of Article 12 may be refused if this would not be permitted by the fundamental principles of the requested State relating to the protection of human rights and fundamental freedoms.
Chapter IV. Rights of Access
Article 21. An application to make arrangements for organizing or securing the effective exercise of rights of access may be presented to the Central Authorities of the Contracting States in the same way as an application for the return of a child.
The Central Authorities are bound by the obligations of co-operation which are set forth in Article 7 to promote the peaceful enjoyment of access rights and the fulfilment of any conditions to which the exercise of those rights may be subject. The Central Authorities shall take steps to remove, as far as possible, all obstacles to the exercise of such rights. The Central Authorities, either directly or through intermediaries, may initiate or assist in the institution of proceedings with a view to organizing or protecting these rights and securing respect for the conditions to which the exercise of these rights may be subject.
Chapter V. General Provisions
Article 22. No security, bond or deposit, however described, shall be required to guarantee the payment of costs and expenses in the judicial or administrative proceedings falling within the scope of this Convention.
Article 23. No legalization or similar formality may be required in the context of this Convention.
Article 24. Any application, communication or other document sent to the Central Authority of the requested State shall be in the original language, and shall be accompanied by a translation into the official language or one of the official languages of the requested State or, where that is not feasible, a translation into French or English.
However, a Contracting State may, by making a reservation in accordance with Article 42, object to the use of either French or English, but not both, in any application, communication or other document sent to its Central Authority.
Article 25. Nationals of the Contracting States and persons who are habitually resident within those States shall be entitled in matters concerned with the application of this Convention to legal aid and advice in any other Contracting State on the same conditions as if they themselves were nationals of and habitually resident in that State.
Article 26. Each Central Authority shall bear its own costs in applying this Convention.
Central Authorities and other public services of Contracting States shall not impose any charges in relation to applications submitted under this Convention. In particular, they may not require any payment from the applicant towards the costs and expenses of the proceedings or, where applicable, those arising from the participation of legal counsel or advisers. However, they may require the payment of the expenses incurred or to be incurred in implementing the return of the child.
However, a Contracting State may, by making a reservation in accordance with Article 42, declare that it shall not be bound to assume any costs referred to in the preceding paragraph resulting from the participation of legal counsel or advisers or from court proceedings, except insofar as those costs may be covered by its system of legal aid and advice.
Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.
Article 27. When it is manifest that the requirements of this Convention are not fulfilled or that the application is otherwise not well founded, a Central Authority is not bound to accept the application. In that case, the Central Authority shall forthwith inform the applicant or the Central Authority through which the application was submitted; as the case may be, of its reasons.
Article 28. A Central Authority may require that the application be accompanied by a written authorization empowering it to act on behalf of the applicant, or to designate a representative so to act.
Article 29. This Convention shall not preclude any person, institution or body who claims that there has been a breach of custody or access rights within the meaning of Article 3 or 21 from applying directly to the judicial or administrative authorities of a Contracting State, whether or not under the provisions of this Convention.
Article 30. Any application submitted to the Central Authorities or directly to the judicial or administrative authorities of a Contracting State in accordance with the terms of this Convention, together with documents and any other information appended thereto or provided by a Central Authority, shall be admissible in the courts or administrative authorities of the Contracting States.
Article 31. In relation to a State which in matters of custody of children has two or more systems of law applicable in different territorial units--
a. any reference to habitual residence in that State shall be construed as referring to habitual residence in a territorial unit of that State;
b. any reference to the law of the State of habitual residence shall be construed as referring to the law of the territorial unit in that State where the child habitually resides.
Article 32. In relation to a State which in matters of custody of children has two or more systems of law applicable to different categories of persons, any reference to the law of that State shall be construed as referring to the legal system specified by the law of that State.
Article 33. A State within which different territorial units have their own rules of law in respect of custody of children shall not be bound to apply this Convention where a State with a unified system of law would not be bound to do so.
Article 34. This Convention shall take priority in matters within its scope over the Convention of 5 October 1961 concerning the powers of authorities and the law applicable in respect of the protection of minors, as between Parties to both Conventions. Otherwise the present Convention shall not restrict the application of an international instrument in force between the State of origin and the State addressed or other law of the State addressed for the purposes of obtaining the return of a child who has been wrongfully removed or retained or of organizing access rights.
Article 35. This Convention shall apply as between Contracting States only to wrongful removals or retentions occurring after its entry into force in those States.
Where a declaration has been made under Article 39 or 40, the reference in the preceding paragraph to a Contracting State shall be taken to refer to the territorial unit or units in relation to which this Convention applies.
Article 36. Nothing in this Convention shall prevent two or more Contracting States, in order to limit the restrictions to which the return of the child may be subject, from agreeing among themselves to derogate from any provisions of this Convention which may imply such a restriction.
Chapter VI. Final Clauses
Article 37. The Convention shall be open for signature by the States which were Members of the Hague Conference on Private International Law at the time of its Fourteenth Session. It shall be ratified, accepted or approved and the instruments of ratification, acceptance or approval shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 38. Any other State may accede to the Convention. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
The Convention shall enter into force for a State acceding to it on the first day of the third calendar month after the deposit of its instrument of accession.
The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession. Such declaration shall be deposited at the Ministry of Foreign Affairs of the Kingdom of the Netherlands; this Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States.
The Convention will enter into force as between the acceding State and the State that has declared its acceptance of the accession on the first day of the third calendar month after the deposit of the declaration of acceptance.
Article 39. Any State may, at the time of signature, ratification, acceptance, approval or accession, declare that the Convention shall extend to all the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect at the time the Convention enters into force for that State.
Such declaration, as well as any subsequent extension, shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands.
Article 40. If a Contracting State has two or more territorial units in which different systems of law are applicable in relation to matters dealt with in this Convention, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all its territorial units or only to one or more of them and may modify this declaration by submitting another declaration at any time.
Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.
Article 41. Where a Contracting State has a system of government under which executive, judicial and legislative powers are distributed between central and other authorities within that State, its signature or ratification, acceptance or approval of, or accession to this Convention, or its making of any declaration in terms of Article 40 shall carry no implication as to the internal distribution of powers within that State.
Article 42. Any State may, not later than the time of ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 39 or 40, make one or both of the reservations provided for in Article 24 and Article 26, third paragraph. No other reservation shall be permitted.
Any State may at any time withdraw a reservation it has made. The withdrawal shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands. The reservation shall cease to have effect on the first day of the third calendar month after the notification referred to in the preceding paragraph.
Article 43. The Convention shall enter into force on the first day of the third calendar month after the deposit of the third instrument of ratification, acceptance, approval or accession referred to in Articles 37 and 38.
Thereafter the Convention shall enter into force--
1. for each State ratifying, accepting, approving or acceding to it subsequently, on the first day of the third calendar month after the deposit of its instrument of ratification, acceptance, approval or accession;
2. for any territory or territorial unit to which the Convention has been extended in conformity with Article 39 or 40, on the first day of the third calendar month after the notification referred to in that Article.
Article 44. The Convention shall remain in force for five years from the date of its entry into force in accordance with the first paragraph of Article 43 even for States which subsequently have ratified, accepted, approved it or acceded to it. If there has been no denunciation, it shall be renewed tacitly every five years.
Any denunciation shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiry of the five year period. It may be limited to certain of the territories or territorial units to which the Convention applies.
The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States.
Article 45. The Ministry of Foreign Affairs of the Kingdom of the Netherlands shall notify the States Members of the Conference, and the States which have acceded in accordance with Article 38, of the following--
1. the signatures and ratifications, acceptances and approvals referred to in Article 37;
2. the accessions referred to in Article 38;
3. the date on which the Convention enters into force in accordance with Article 43;
4. the extensions referred to in Article 39;
5. the declarations referred to in Articles 38 and 40;
6. the reservations referred to in Article 24 and Article 26, third paragraph, and the withdrawals referred to in Article 42;
7. the denunciations referred to in Article 44.
In witness whereof the undersigned, being duly authorized thereto, have signed this Convention.
Done at The Hague, on the 25th day of October, 1980, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Kingdom of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the States Members of the Hague Conference on Private International Law at the date of its Fourteenth Session.
HISTORY; ANCILLARY LAWS AND DIRECTIVES
Other provisions:
Parties to the Hague Convention on the Civil Aspects of International Child Abduction, as of June 1, 2004. The Hague Convention on the Civil Aspects of International Child Abduction applies in the following States or territories as a result of ratification, acceptance or approval (the date given is the date of entry into force):
Argentina, June 1, 1991
Australia (only for the Australian States and mainland Territories), Jan. 1, 1987
Austria, Oct. 1, 1988
Belgium, May 1, 1999
Bosnia and Herzegovina, Dec. 1, 1991
Canada, Dec. 1, 1983
China, Hong Kong Special Administrative Region only, Sept. 1, 1997
China, Macau Special Administrative Region only, March 1, 1999
Croatia, Dec. 1, 1991
Czech Republic, March 1, 1998
Denmark (except the Faroe Islands and Greenland), July 1, 1991
Finland, Aug. 1, 1994
France (for the whole of the territory of the French Republic), Dec. 1, 1983
Germany, Dec. 1, 1990
Greece, June 1, 1993
Ireland, Oct. 1, 1991
Israel, Dec. 1, 1991
Italy, May 1, 1995
Luxembourg, Jan. 1, 1987
Macedonia, the former Yugoslav Republic of, Dec. 1, 1991
Netherlands (for the Kingdom in Europe), Sept. 1, 1990
Norway, April 1, 1989
Portugal, Dec. 1, 1983
Serbia and Montenegro, Dec. 1, 1991
Slovakia, Feb. 1, 2001
Spain, Sept. 1, 1987
Sweden, June 1, 1989
Switzerland, Jan. 1, 1984
Turkey, Aug. 1, 2000
United Kingdom, Aug. 1, 1986 (later extended to Isle of Man, Cayman Islands, Falkland Islands, Montserrat, and Bermuda)
United States of America, July 1, 1988
Venezuela, Jan. 1, 1997
The convention applies in the following States or territories as a result of accession (the date given is the date of entry into force for the acceding State). Article 38 of the Convention provides in part: "The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration will also have to be made by any Member State ratifying, accepting or approving the Convention after an accession.".
Bahamas, Jan. 1, 1994
Belarus, April 1, 1998
Belize, Sept. 1, 1989
Brazil, Jan. 1, 2000
Bulgaria, Aug. 1, 2003
Burkina Faso, Aug. 1, 1992
Chile, May 1, 1994
Colombia, March 1, 1996
Costa Rica, Feb. 1, 1999
Cyprus, Feb. 1, 1995
Ecuador, April 1, 1992
El Salvador, May 1, 2001
Estonia, July 1, 2001
Fiji, June 1, 1999
Georgia, Oct. 1, 1997
Guatemala, May 1, 2002
Honduras, March 1, 1994
Hungary, July 1, 1986
Iceland, Nov. 1, 1996
Latvia, Feb. 1, 2002
Lithuania, Sept. 1, 2002
Malta, Jan. 1, 2000
Mauritius, June 1, 1993
Mexico, Sept. 1, 1991
Moldova, Republic of, July 1, 1998
Monaco, Feb. 1, 1993
New Zealand, Aug. 1, 1991
Nicaragua, March 1, 2001
Panama, May 1, 1994
Paraguay, Aug. 1, 1998
Peru, Aug. 1, 2001
Poland, Nov. 1, 1992
Romania, Feb. 1, 1993
Saint Kitts and Nevis, Aug. 1, 1994
Slovenia, June 1, 1994
South Africa, Oct. 1, 1997
Sri Lanka, Dec. 1, 2001
Thailand, Nov. 1, 2002
Trinidad and Tobago, Sept. 1, 2000
Turkmenistan, March 1, 1998
Uruguay, Feb. 1, 2000
Uzbekistan, Aug. 1, 1999
Zimbabwe, July 1, 1995
International Child Abduction Remedies Act (ICARA)
42 USCS §§ 11601 et seq.
NOTE: ICARA is the codification of the Hague Convention [**2] on the Civil Aspects of International Child Abduction, opened for signature, Oct. 25, 1980, T.I.A.S. No. 11670, 1343 U.N.T.S. 89, 51 Fed. Reg. 10,493, 10,498 (app. B) (March 26, 1986) (hereinafter "Hague Convention"). Each state has acknowledged ICARA in its codification of The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA).
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 121. INTERNATIONAL CHILD ABDUCTION REMEDIES
§ 11601. Findings and declarations
(a) Findings. The Congress makes the following findings:
(1) The international abduction or wrongful retention of children is harmful to their well-being.
(2) Persons should not be permitted to obtain custody of children by virtue of their wrongful removal or retention.
(3) International abductions and retentions of children are increasing, and only concerted cooperation pursuant to an international agreement can effectively combat this problem.
(4) The Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980, establishes legal rights and procedures for the prompt return of children who have been wrongfully removed or retained, as well as for securing the exercise of visitation rights. Children who are wrongfully removed or retained within the meaning of the Convention are to be promptly returned unless one of the narrow exceptions set forth in the Convention applies. The Convention provides a sound treaty framework to help resolve the problem of international abduction and retention of children and will deter such wrongful removals and retentions.
(b) Declarations. The Congress makes the following declarations:
(1) It is the purpose of this Act to establish procedures for the implementation of the Convention in the United States.
(2) The provisions of this Act are in addition to and not in lieu of the provisions of the Convention.
(3) In enacting this Act the Congress recognizes--
(A) the international character of the Convention; and
(B) the need for uniform international interpretation of the Convention.
(4) The Convention and this Act empower courts in the United States to determine only rights under the Convention and not the merits of any underlying child custody claims.
§ 11602. Definitions
For the purposes of this Act--
(1) the term "applicant" means any person who, pursuant to the Convention, files an application with the United States Central Authority or a Central Authority of any other party to the Convention for the return of a child alleged to have been wrongfully removed or retained or
for arrangements for organizing or securing the effective exercise of rights of access pursuant to the Convention;
(2) the term "Convention" means the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980;
(3) the term "Parent Locator Service" means the service established by the Secretary of Health and Human Services under section 453 of the Social Security Act (42 U.S.C. 653);
(4) the term "petitioner" means any person who, in accordance with this Act, files a petition in court seeking relief under the Convention;
(5) the term "person" includes any individual, institution, or other legal entity or body;
(6) the term "respondent" means any person against whose interests a petition is filed in court, in accordance with this Act, which seeks relief under the Convention;
(7) the term "rights of access" means visitation rights;
(8) the term "State" means any of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and
(9) the term "United States Central Authority" means the agency of the Federal Government designated by the President under section 7(a) [42 USCS § 11606(a)].
§ 11603. Judicial remedies
(a) Jurisdiction of the courts. The courts of the States and the United States district courts shall have concurrent original jurisdiction of actions arising under the Convention.
(b) Petitions. Any person seeking to initiate judicial proceedings under the Convention for the return of a child or for arrangements for organizing or securing the effective exercise of rights of access to a child may do so by commencing a civil action by filing a petition for the relief sought in any court which has jurisdiction of such action and which is authorized to exercise its jurisdiction in the place where the child is located at the time the petition is filed.
(c) Notice. Notice of an action brought under subsection (b) shall be given in accordance with the applicable law governing notice in interstate child custody proceedings.
(d) Determination of case. The court in which an action is brought under subsection (b) shall decide the case in accordance with the Convention.
(e) Burdens of proof.
(1) A petitioner in an action brought under subsection (b) shall establish by a preponderance of the evidence--
(A) in the case of an action for the return of a child, that the child has been wrongfully removed or retained within the meaning of the Convention; and
(B) in the case of an action for arrangements for organizing or securing the effective exercise of rights of access, that the petitioner has such rights.
(2) In the case of an action for the return of a child, a respondent who opposes the return of the child has the burden of establishing--
(A) by clear and convincing evidence that one of the exceptions set forth in article 13b or 20 of the Convention applies; and
(B) by a preponderance of the evidence that any other exception set forth in article 12 or 13 of the Convention applies.
(f) Application of the Convention. For purposes of any action brought under this Act--
(1) the term "authorities", as used in article 15 of the Convention to refer to the authorities of the state of the habitual residence of a child, includes courts and appropriate government agencies;
(2) the terms "wrongful removal or retention" and "wrongfully removed or retained", as used in the Convention, include a removal or retention of a child before the entry of a custody order regarding that child; and
(3) the term "commencement of proceedings", as used in article 12 of the Convention, means, with respect to the return of a child located in the United States, the filing of a petition in accordance with subsection (b) of this section.
(g) Full faith and credit. Full faith and credit shall be accorded by the courts of the States and the courts of the United States to the judgment of any other such court ordering or denying the return of a child, pursuant to the Convention, in an action brought under this Act.
(h) Remedies under the Convention not exclusive. The remedies established by the Convention and this Act shall be in addition to remedies available under other laws or international agreements.
§ 11604. Provisional remedies
(a) Authority of courts. In furtherance of the objectives of article 7(b) and other provisions of the Convention, and subject to the provisions of subsection (b) of this section, any court exercising jurisdiction of an action brought under section 4(b) of this Act [42 USCS § 11630(b)] may take or cause to be taken measures under Federal or State law, as appropriate, to protect the well-being of the child involved or to prevent the child's further removal or concealment before the final disposition of the petition.
(b) Limitation on authority. No court exercising jurisdiction of an action brought under section 4(b) [42 USCS § 11603(b)] may, under subsection (a) of this section, order a child removed from a person having physical control of the child unless the applicable requirements of State law are satisfied.
§ 11606. United States Central Authority
(a) Designation. The President shall designate a Federal agency to serve as the Central Authority for the United States under the Convention.
(b) Functions. The functions of the United States Central Authority are those ascribed to the Central Authority by the Convention and this Act.
(c) Regulatory authority. The United States Central Authority is authorized to issue such regulations as may be necessary to carry out its functions under the Convention and this Act.
(d) Obtaining information from Parent Locator Service. The United States Central Authority may, to the extent authorized by the Social Security Act [42 USCS §§ 301 et seq.], obtain information from the Parent Locator Service.
(e) Grant authority. The United States Central Authority is authorized to make grants to, or enter into contracts or agreements with, any individual, corporation, other Federal, State, or local agency, or private entity or organization in the United States for purposes of accomplishing its responsibilities under the Convention and this Act.
§ 11608. Collection, maintenance, and dissemination of information
(a) In general. In performing its functions under the Convention, the United States Central Authority may, under such conditions as the Central Authority prescribes by regulation, but subject to subsection (c), receive from or transmit to any department, agency, or instrumentality of the Federal Government or of any State or foreign government, and receive from or transmit to any applicant, petitioner, or respondent, information necessary to locate a child or for the purpose of otherwise implementing the Convention with respect to a child, except that the United States Central Authority--
(1) may receive such information from a Federal or State department, agency, or instrumentality only pursuant to applicable Federal and State statutes; and
(2) may transmit any information received under this subsection notwithstanding any provision of law other than this Act.
(b) Requests for information. Requests for information under this section shall be submitted in such manner and form as the United States Central Authority may prescribe by regulation and shall be accompanied or supported by such documents as the United States Central Authority may require.
(c) Responsibility of government entities. Whenever any department, agency, or instrumentality of the United States or of any State receives a request from the United States Central Authority for information authorized to be provided to such Central Authority under subsection (a), the head of such department, agency, or instrumentality shall promptly cause a search to be made of the files and records maintained by such department, agency, or instrumentality in order to determine whether the information requested is contained in any such files or records. If such search discloses the information requested, the head of such department, agency, or instrumentality shall immediately transmit such information to the United States Central Authority, except that any such information the disclosure of which--
(1) would adversely affect the national security interests of the United States or the law enforcement interests of the United States or of any State; or
(2) would be prohibited by section 9 of title 13, United States Code;
shall not be transmitted to the Central Authority. The head of such department, agency, or instrumentality shall, immediately upon completion of the requested search, notify the Central Authority of the results of the search, and whether an exception set forth in paragraph (1) or (2) applies. In the event that the United States Central Authority receives information and the appropriate Federal or State department, agency, or instrumentality thereafter notifies the Central Authority that an exception set forth in paragraph (1) or (2) applies to that information, the Central Authority may not disclose that information under subsection (a).
(d) Information available from Parent Locator Service. To the extent that information which the United States Central Authority is authorized to obtain under the provisions of subsection (c) can be obtained through the Parent Locator Service, the United States Central Authority shall first seek to obtain such information from the Parent Locator Service, before requesting such information directly under the provisions of subsection (c) of this section.
(e) Recordkeeping. The United States Central Authority shall maintain appropriate records concerning its activities and the disposition of cases brought to its attention.
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