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Avery's Law

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                                                Avery's Law

                                "A silent child that had no voice". 

 "Petition to alter the reunification process, the rights to protect and children's self protection laws".

1) " Periodic child forensic interview, radiological assessment  & medical examination during reunification process"

Forensic interviews are currently being completed by an appointed social worker.
In this process all interviews may be held by a license professional and or state investigator specializing in child abuse cases. The radiological assessment must be held at a local children s hospital. All medical interviews may be noted at a children's hospital or medical staffing specializing in child abuse.

Definition of process:

Any child that has had historical indicators of abuse by said parent(s), upon
reunification. Said child must complete a forensic interview and radiological assessment & medical examination before being placed back into said parent(s) custody.

The screenings shall be completed every 90 days for the first year. Every 6 months upon the second year & annually for the next three years. Totaling 5 years after reunification. 

Why this is important:

When there is an abused child. Some of these children are too under developed mentally to :

A) indicate that they are being abused
B) unaware they are enduring abuse
C) may prevent further abuse and or death
D) a previously abused child can safely sustain 5 years of maturity to where said child's abilities and cognitive skills can more accurately express his or hers surroundings while under continued supervision of State authorities and or an appointed Guardians.

2) "National Child Protection Registry"

Any person(s) that has been convicted of child abuse, neglect or endangerment must register with a national data base. This data base would be of public knowledge and ran in similarities to current sex offender registries.

These registries must be held by any authoritative person(s) in care of said child such as but not limited to: Medical staffing, hospitals, County and State Services, day care workers, public and private schools.

In this registry: All authoritative person(s) associated to this offender must be listed in conjunction to said offender if said child of the abuser is reunified with said offender(s) by way of recommendation from any public authority.

Why is this important:

A) public notification mailers to families in the area of a convicted abuser to impede abuse by way of knowledge
B) complete case summary against the offender including responsible parties of the reunification processes
C) immediate response from authoritative persons in awareness of the individual if there is a concurrent victim(s) of abuse in preparation of preventative measures.

3) "Immediate Medical Response Act"

During the period of the reunification or placement process of any child where custody is being held by the state due to allegations or convictions of abuse against said child. If said child sustains any substantial, suspicious or reoccurring injuries during visitation to said parent(s), said child must be seen by medical personnel within 24 hours of said injury or allegations of abuse.

Counteractive measures by a medical staff must include one if not all of the following: Forensic interview, radiological assessments & medical examinations.

Due to the protection of a child sustaining alleged abuse, these interviews
must not include the person(s) in which the allegations are being held against. 

If said child is residing in a placement. Those appointed person(s) have the right to an "I.M.R.A"  screening without a request from any and all custodial parties. Such screenings in any instance constitutes the appropriateness of safety measures during these processes taken by appointed parties.

Why is this important:

A) It is a significant measure of protection of an abuse victim that may mitigate further   & ongoing abuse of said victim both physically and & or psychologically.
B) It is a measure that is of extreme aid to children that are not at an age of communication or who are mentally unable to protect themselves.
C) It gives the person(s) appointed by the state who are in protection of said children the right to adopt full safety measures of said child that are placed within their care.

 

4) "Children's Wishes" with the addition of "Motion to advocate a Child's rights to self protection against their abuser"

Children's wishes which was established in 1974 states that any child who has the ability of reasoning may be interviewed by a magistrate to determine the wishes of a child.

A motion to advocate in an abuse/custody case.

Any person involved with the safety of said child may file a motion with the local courts to adhere to rights of a child to be interviewed by a magistrate.

Any child with the ability of speech would then have the right to voice and invoke their rights to safety against the person(s) who are abusing them. This would then provide a child a voice in self protection with the only limitation being the capability of speech. All other skills would be deemed irrelevant and an interview would take place upon motion.

Once a motion has been filed & fulfilled by the magistrate. These interviews should be on a periodic basis through out court proceedings & be held in the magistrates chambers with said child.

5) "The right to proper advocacy"

"Implementing ideas that may aid in the reunification/placement process".

Any case within Jobs and Family services where a child has been removed due to alleged or founded abuse. In order to protect said child and persons put in place to protect said child, in order to impede bias natures of authoritative figures, to impede case over load of personnel, conflict of interest & injustice to any party partaking in the safety of said child.

1-All cases of this nature should only remain in a social workers care for one quarter of a calendar year. The case should then be passed to a fellow case worker under  separate supervision.

Social workers may not resume to any case after their quarter. Though they may present their individual findings in court proceedings.

The magistrate may review findings & case plans upon the end of each quarterly change of government & state employee.

2-Person(s) of placement should have a separate social worker and separate guardian ad lit em from the person(s) advocating to resume custody

3-All parental visitation from social services must not be announced to the party advocating to resume custody after that custody's been removed

4-Any party of a placement has the right to separate advocacy to advise rights of such persons

5-Any conflict of interest by social service workers, guardians and placements advocacy would then adhere to mediation to resolve a dispute.

The purpose of disagreement if pertaining to the best interest of a child must be defined and presented individually to the magistrate overseeing the child's case.

6-Any person(s) persons put in placement would then have an equivalent voice in court proceedings as they are a main factor in the protection of said child. Their opinion and observations are most credible yet underrated in court proceedings as it stands.

"The ability to voice conclusions and findings would allow said person(s) the right to advocate for a child or children in their care as they are the only witness with a full time inside view of said child safety".

7-Personnel associated with said cases upon visitations to persons seeking reunification and person of placement are required to fill out a visitation receipt. Placement as being part of that safety team should also be mandated to fill out a separate form of the same upon visitations.

8-Fully disclosed interviews with any person partaking in the care of said child should be mandated in filling out an observation form that is displayed in case filings & open to the magistrate overseeing said case.

Persons may include but not limited to: Medical personnel, teachers, day care workers & baby sitters.

9-At any time. Any person associated with said case may apply for any social service worker, supervisor and or guardian ad lit em to be replaced upon submission. 

6) "The right to an investigation of authoritative figures"

Any party of an abuse case where authoritative figures are put in place in protection of said child may undergo investigation.

All investigations shall be constructed and concluded by a source other than the agency which employs said party that is under investigation.

Any party may file a complaint within the courts system against said party to invoke an investigation based on the beliefs of:

A) Malpractice
B) Obstruction
C) Impeding justice
D) Non-disclosure of evidence
E) Non-reporting of allegations by any person against any person requesting reunification
F) Non-disclosure of any and all interviews with said child involving allegations of abuse
G) Improper advocacy
H) Injustice by way of bias natures
I) Re-injury and or abuse of any kind to said child upon or after reunification based on the recommendation of any authoritative figure in said case
J) Any non-investigated allegation by way of 241-kids or other avenues of complaints that resulted in injury or abuse if not death of said child in any case upon or after reunification of said child based off the recommendation of an authoritative figure in said case.

7) " Policy of Zero Child Abuse Tolerance "

Any party that has obtained a felony charge for child neglect, abuse & or endangerment that was a direct result of a substantial injury, mental abuse and or a child's death may not obtain the rights to reunification to that child or any other existing children.

Their parental rights should be depleted upon conviction of any such charges.

The parties requesting reunification may be awarded visitation by way of supervised non-interstate visitation in conjunction with willingness and the compliance of placement, custodians, guardians or adoptive parents.

"If the policy is disregarded and reunification is put in place through the recommendation of any authoritative party and that child or children becomes once again injured, abused mentally or physically and or in the event of the child's death. Criminal charges should be permitted to be filed against any authoritative figure that requested the dismissal of the zero tolerance policy".

 



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