California Children and Parents Rights Amendment & US Amendment

For ease of viewing, I have included both the "California Children and Parents Rights Amendment and the US Parental Rights Amendment proposed to the respective Constitution.

My main concern is "Will, and if, these amendment get approved, will it make a difference for our families and children??" 
May you find strength in your Higher Power, 

 GranPa Chuck

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Thinking of going pro se?
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California Children and Parents Rights Amendment 
Original Link: http://www.facebook.com/group.php?gid=52927728720

Section 1. The right of the parents to direct the upbringing of their children, and to the care, companionship and society of their children is a fundamental right, liberty interest, and a compelling state interest to uphold subject only to the highest federal strict scrutiny test. This is the public policy of the state of California.

Marriage is a contract. Marriage establishes contractual rights and obligations as established under the Contracts Clause of the United States Constitution. The state is prohibited from enacting any law that retroactively impairs marriage contract rights and this prohibition also applies to any act of any judicial officer in any court. Unwed parents have the same rights and obligations as married parents, and are bound by an unwritten contract to raise their children. Family law court is a court of law, not a court of equity and all civil rights and liberties extend to family court, and all criminal procedures protecting people shall apply when abuse is alleged.

Section 2. The right of children under age 18 to the care, companionship, and society of their parents is a fundamental liberty interest, civil right and a compelling state interest to uphold. Children born outside of the marriage contract have the same rights as children born under marriage the marriage contract or common law marriage.

Section 3. The state of California, nor any administrative, judicial, executive or legislative act, directive, order or rule of court or attorney general or attorney ruling shall infringe or interfere upon these liberty interests and civil rights without demonstrating evidence beyond a reasonable doubt in a jury trial in a court of law that such a fundamental rights be abridged except in cases of criminal neglect, abandonment or abuse. Parents and children have the right to a speedy trial. No governmental act or acts now in existence can be created to supersede, modify, interpret, abolish, or apply to the rights guaranteed by this article save by a two thirds majority vote of the people of California.

Section 4. The citizens of the state of California declare that children are not visitors in the lives of their parents. The term “visitation” is struck from all statutory law in California and replaced with “parenting time.”

Section 5. Best interest of the child and/or children is a vague definition. Therefore, the term "best interest of the child" or such similar language is struck from all statutory law in California and replaced with "in support of the fundamental rights of parents and children" and compliant with this amendment.

Section 6. Court orders setting child support, alimony are subject to debt obligations in civil court, and subject to civil and criminal jury oversight. As such, family law orders and judgments are not enforceable by contempt since punishment by contempt would violate the constitutional guaranty against imprisonment for nonpayment of debt as defined by the U.S. Constitution, Amendment. XIII; and the California Constitutional Articles 1 I, § 10. An order or judgment is a debt within the meaning of the constitutional guaranty against imprisonment for debt because it requires the payment of money. Child support, alimony are law-imposed obligations and for the purposes of this Amendment only are considered money judgments in civil actions for debts and thus are not enforceable by the court's contempt power.

Section 7. Definitions Marriage: For purposes of this amendment only, Marriage is a contract that establishes contractual rights and obligations between parties of the marriage contract, which the state must enforce and cannot interfere with, and must support as a public and state policy obligation of the highest order. Common Law marriages from other states are recognized as legal.

Parent: The biological creator of the child. Secondly, any adult the state designates as a parent, either through marriage, contractual agreement or otherwise, in compliance with all sections or provisions of this amendment.

Parents and children are persons residing in California.

Child: An individual under the age of 18 years of age.

Section 7. Severability

If a Section or Provision of this Amendment is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

1.the validity or enforceability in that jurisdiction of any other provision of this Amendment; or

2.the validity or enforceability in other jurisdictions of that or any other provision of this Amendment." 

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Compare California Amendment ABOVE with
US Amendment BELOW
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Link to Parental Rights site: http://www.parentalrights.org/

Ombudsman Offices Are They Really Helpful????

Throughout the last few years on our Discussion Group the question of the effectiveness of this office came into question. To date, most comments from members have not been positive. FYI, is a copy of our web page listing the offices and a few members comments, by states. If you have any factual information on your experiences with the Ombudsman Office, in your state, please email me.

Here is the primary function of the Ombudsman Office:

Ombudsman offices have been established in a variety of state, municipal, county, local, federal, academic organizations and businesses.  As an independent, impartial and confidential complaint handler, an ombudsman serves as an alternative means of dispute resolution.  The U.S. Ombudsman Association describes an ombudsman as "a public offical appointed by the legislature to receive and investigate citizen complaints against administrative acts of government."

Ombudsman Offices Knowledge is PowerLink to this Page: http://nfpcar.org/Ombudsman/

Home | What You Can Do | Facts | State Chapters | Resources | When An Allegation Is Made | Our Support Group National Policies for Children's Ombudsman Office (http://www.rcfp.org/ogg/index.php?) According to the National introductory statement, this is what Ombudsman Offices are supposed to do: What Are Ombudsman Offices? Ombudsman offices have been established in a variety of state, municipal, county, local, federal, academic organizations and businesses.  As an independent, impartial and confidential complaint handler, an ombudsman serves as an alternative means of dispute resolution.  The U.S. Ombudsman Association describes an ombudsman as "a public official appointed by the legislature to receive and investigate citizen complaints against administrative acts of government." If you have contacted any of these offices, please email me with your comments. As I receive comments, I will be adding them to the appropriate state, for others to view. Power Point Presentation from Virginia-May 17, 2006 (Download Free PowerPoint Viewer 2007) Index to State Ombudsman Office Click on your state or country to see a list of child ombuds specialists, general jurisdiction offices and other relevant information. Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming United States Antigua Canada Puerto Rico Back to Top ALASKA In 1975, Alaska was the 4th state to establish a state ombudsman. Alaska now has state ombudsman offices in Anchorage and Juneau to help people across the state with questions and complaints about state government agencies and the University of Alaska. Juneau residents may call the Ombudsman for help with municipal issues as well. The Alaska Ombudsman is authorized under Title 24, Chapter 55 of the Alaska Statutes, 24.55.010 - 340. How to Contact: Anchorage P.O. Box 102636 Anchorage, AK 99510-2636 (907) 269-5290 Fax: (907) 269-5291 Toll Free: 1-800-478-2624 Juneau P.O. Box 113000 Juneau, AK 99811-3000 (907) 465-4970 Fax: (907)465-3330 Toll Free: 1-800-478-4970 Back to Top ARIZONA The Arizona Ombudsman is authorized under Title 41, Chapter 8, Article 5 of the Arizona Revised Statutes Annotated, which establishes the office of the Ombudsman/Citizen's-Aide. They also recently established a Children's Ombudsman. How to Contact Arizona Ombudsman/Citizen's Aide Office 3737 N. Seventh Street, Ste. 209 Phoenix, AZ 85014 (602) 277-7292 Fax: (602) 277-7312 Toll Free: 1-800-872-2879 Back to Top ARKANSAS How to Contact: Office of Youth Advocate (re: Children) Division of Children and Families Department of Human Services P.O. Box 1437, Slot 700 Little Rock, AR 72203-1437 (501) 682-8765 Fax: (501) 682-8666 For other assistance with child related issues, one may contact: Arkansas Partnerships in Public Child Welfare Psychology and Sociology Department Southern Arkansas University Peace Hall P.O. Box 9293 Magnolia, AR 74753-5000 (870) 235-4933 Back to Top CALIFORNIA The California ombudsman is established under the California Health & Safety Code &sect1596.872. How to Contact: Children's Service Bureau 6950 Levant St. San Diego, CA 91977 (619) 694-5130 Fax: (619) 694-5241 County of Santa Clara Social Service Agency P.O. Box 1210 San Jose, CA 95108-1210 (408) 993-9442 Children & Family Services -- Alameda County 401 Broadway Oakland, CA 94607 [510] 268-2365  Back to Top COLORADO Sen. Newell and Senate Give Final Approval to Major Child Protection Reform Bill Monday, April 5 2010 Bill Will Close Gaps in Colorado’s Child Protection System DENVER—Today the Senate gave final approval to Senator Linda Newell’s (D-Littleton) bill to reform Colorado’s child protection system. The bill now will go to the House. The bill, SB 171, creates an independent ombudsman office to help protect children through impartial oversight.  This office will provide accountability of the child welfare system. Currently, 29 other states have created an Ombudsman office to oversee child protection. The office will be an outlet for citizens to report suspected child abuse and potential gaps or problems in the child protection system. The Senate passed the bill unanimously (34-0 with one excused). http://coloradosenate.org/home/press/sen-newell-and-senate-give-final-approval-to-major-child-protection-reform-bill   Past Contact before the Proposed Ombudsman Office How to Contact: Complaint Resolution Process Colorado Department of Social Services 1575 Sherman Street Denver, CO 80203 Back to Top CONNECTICUT How to Contact: State of Connecticut Office of the Child Advocate 165 Capitol Ave., Room 223 Hartford, Connecticut 06106 (860) 566-2106 Toll Free: 1-800-994-0939 Fax: (860) 566-2251 Comments From Group Members: ·         In Connecticut, the Ombudsman's office is under the umbrella of CPS.  So they have the discretion to do what they want, look into what they want, and squash what they want.  One of the things I would like to see changed is for the Ombudsman to be 'independent', cause I have legitimate complaints, citing specific statutes and policies - but I was ignored due to liability of my case.  Now it is up to me to pursue it through a lawsuit and I believe that CPS is banking that I won't.  (WRONG!!) Back to Top FLORIDA The Florida ombudsman is authorized under the Human Rights Advocacy Committee, Florida Statute Ch. 402.165 - 402.167. How to Contact: Statewide Human Rights Advocacy Comm. (HRAC) State of Florida Department of Health & Rehabilitative Services 1317 Winewood Blvd. Bldg. 1, Room 400 Tallahassee, FL 32399-0700 (904) 488-6173 Fax: (904) 922-5312 Back to Top HAWAII In 1967, Hawaii was the first state with a law establishing a state ombudsman office. The Hawaii Ombudsman is authorized under Chapter 96, Hawaii Revised Statutes. This is a statewide office of general jurisdiction. How to Contact: Hawaii Office of the Ombudsman KeKuanoa Bldg., 4th Floor 465 S. King Street Honolulu, HI 96813 (808) 587-0770 Fax: (808) 587-0773 Back to Top ILLINOIS The ombudsman statute is found at Illinois Annotated Statute Ch. 325 § 20/1 et seq. Illinois also has a number of locally created offices to assist individuals with their complaints. How to Contact: Ombudsperson's Office Dept. of Children & Family Services 406 E. Monroe, Station 10 Springfield, IL 62701 (617) 524-2029 Fax: (217) 524-3345 Cook County Public Guardian 2245 W. Ogden Chicago, IL 60612 (312) 433-4336 Comments From Group Members: The Ombudsman office gossiped about our case rather than help as they were supposed to do.  The funny thing is that their conversations were in the report they sent us.  Don't expect any help and be very careful what you tell them. Back to Top IOWA In 1970, Iowa was the third state to establish a legislatively created statewide ombudsman program. The Iowa Ombudsman is known as a Citizens' Aide under Chapter 2C, Iowa Code Annotated. How to Contact: Iowa Citizens' Aide/Ombudsman Capital Complex 215 East 7th Street Des Moines, IA 50319-0231 (515) 281-3592 Toll-Free: 1-888-IA-OMBUD Fax: (515) 242-6007 Back to Top KANSAS How to Contact: Ombudsman Program Social & Rehabilitation Services (re: children) Perry Building 300 SW Oakley Topeka, KS 66606 (913) 296-4687 Fax: (913) 296-6960 Back to Top KENTUCKY Kentucky has an ombudsman program established under the Cabinet for Human Resources and authorized under Kentucky Revised Statutes Annotated § 194.010 et seq. How to Contact: Offices of the Ombudsman Cabinet for Human Resources 275 E. Main St., IE Frankfort, KY 40621 (502) 564-5497 Fax: (502) 564-7573 Citizens' Advocate Office 200 E. Main Street Lexington, KY 40507-1315 (606) 258-3230 Fax: (606) 258-3250  Comments From Group Members: I'm in KY and they govern themselves as well. The Ombudsmans office here was helpful and seem to do a good job of governing or CPS wouldn't have backed down in my case. It might just depend on the state. But, I bet we could find someone they have to answer to. Back to Top MAINE The ombudsman statute is Maine Revised Statutes Annotated Tit. 22 § 4087(1) et seq. Back to Top MARYLAND How to Contact: Governor's Office for Children, Youth & Families 301 W. Preston St. Baltimore, MD 21201 (410) 767-4160 Back to Top MASSACHUSETTS Massachusetts has a general office responsible for dealing with all areas of state government and community interaction. How to Contact: Governor's Office of Constituent Services State House, Room 159 Boston, MA 02133 (617) 727-6250 Fax: (617) 727-9725 Department of Social Services 24 Farnsworth Street Boston, MA 02210 (617) 727-0900 x 517 Fax: (617) 439-4482 Back to Top MICHIGAN Michigan currently has ombudsmen in the areas of children, small business, student affairs, corrections, mental health, long term care, and environment. The Michigan Children's Ombudsman is authorized under P.A. 204 of 1994. How to Contact: Children's Ombudsman P.O. Box 30026 Lansing, MI 48909 (517) 373-3077 Toll Free: 1-800-MICH-FAM Fax: (517) 335-4471 Comments From Group Members: They did an excellent job of investigation regarding my case. They cited the contracted agency for CPS with violations. Although, they did let me know that they could see no reason for my granddaughter to be removed, that was really not a part of the investigation. Once, their report is finished (about 6 months), they give the agencies involved an opportunity to respond to what they are cited for. This is done prior to the final report being sent to me. Then, after a response is received from the agencies, a final report is issued to me with the details of the agencies response to the violations. Basically, in my estimation the responses are "we will try to do better next time". My question is - what about THIS TIME???? We all know that next time, will be the same thing. No one is slapping them with fines or license removal. The Ombudsman office has no power to change anything. The report does not even go to the judge. It goes no where except to agencies involved. They only need to "try and do better next time"! The only benefit I can see that can be gained by Ombudsman investigation is that you can take the report to the legislators in your attempts to get laws changed. But changed laws can always be talked around and agencies will always be able to make something of nothing!! Also, the report could be valuable in a lawsuit against whatever agencies are involved. But, it will never help in a courtroom in the actual case. The judges do not have to consider the report for anything. Back to Top MINNESOTA The Minnesota statute is § 257.0755 et seq. How to Contact: Ombudsman for Mental Health and Mental Retardation (re: children) Governor's Office Metro Square Building 7th & Robert Streets, Ste. 202 St. Paul, MN 55101 (612) 296-3848 Fax: (612) 296-1021 Ombudsman for Indian Families 1450 Energy Park Drive, Ste. 106 St. Paul, MN 55108-5227 (612) 643-2523 Fax: (612) 643-2539 Ombudsman for Asian-Pacific Families 1450 Energy Park Drive, Ste. 106 St. Paul, MN 55108-5227 Ombudsman for African-American Families 1450 Energy Park Drive, Ste. 106 St. Paul, MN 55108-5227 Back to Top MISSOURI How to Contact: Human Relations & Citizen Complaints 415 E. 12th Street, Room 703 Kansas City, MO 64106 (816) 881-3670 Fax: (816) 881-3030 Back to Top MONTANA How to Contact: Department of Family Services P.O. Box 8005 Helena, MT 59604 (406) 444-5900 Fax: (406) 444-5956 Back to Top NEBRASKA In 1969, Nebraska was the second state to establish a state ombudsman office. The title in Nebraska is Public Counsel and is authorized under Sections 81-8,240 to 81-8,254, Revised Statutes of Nebraska. How to Contact: State Ombudsman's Office P.O. Box 94712 Room 807 State Capitol Lincoln, NE 68509-4712 (402) 471-2035 Fax: (402) 471-4277 Back to Top NEW HAMPSHIRE Provided for in New Hampshire Law (RSA 126-A:4 III). How to Contact: New Hampshire Department of Health and Human Services Ombudsman Office 6 Hazen Drive Concord, NH 03301 [603] 271-6941 Back to Top NEW MEXICO How to Contact: Social Services Client Relations Liaison (re: children) Children Youth & Families P.O. Drawer 5160 P.E.R.A. Room 254 Santa Fe, NM 87502 (505) 827-8442 Fax: (505) 827-8480 Back to Top NEW YORK New York first established municipal ombudsman offices in Nassau County, Long Island (1967) and Jamestown, NY (1970). How to Contact: Public Advocate for the City of New York 1 Centre Street, Room 1500 New York, New York, 10007 (212) 669-7200 Fax: (212) 669-4701 Website: http://www.pub.advocate.nyc.gov Back to Top OHIO Ohio has citizen complaint offices in various locations. How to Contact: Executive Director/Ombudsman Citizens of Cuyahoga County Ombudsman 2800 Euclid Avenue, Suite 207 Cleveland, OH 44113 (216) 696-2710 Fax: (216) 696-3317 Children's Ombudsman/Lucas County 705 Adams Street Toledo, OH 43624 (419) 327-3241 Fax: (419) 327-3717 Back to Top OKLAHOMA On 1/13/98, Rep. Al Lindley, D-Oklahoma City, proposed the creation of a children's ombudsman. The Oklahoma Office of Advocate Defender is authorized by Oklahoma Statutes Title 10 § 1403.3. How to Contact: Advocate General Office of Client Advocacy, Office of Advocate Defender Oklahoma Department of Human Services P.O. Box 25352 Oklahoma City, OK 73125 (405) 521-3491 Fax: (405) 521-6684 Back to Top OREGON How to Contact: Citizens' Representative Office, Office of the Governor 1601 State Capitol Salem, OR 97310 [503] 378-5116 Office of the Ombudsman, Mayor's Office City of Portland 1220 SW 5th Avenue, Room 303 Portland, OR 97204 [503] 823-4120 Comments From Group Members: Oregon ombudsman has not been entirely helpful to us. She instead contacted the case worker and then refused to help us based on whatever the CW said. Back to Top RHODE ISLAND The Rhode Island ombudsman statute is found in Rhode Island General Laws § 42-73-1 et seq. How to Contact: State of Rhode Island Office of Child Advocate West Exchange Center 260 W. Exchange Street Providence, RI 02930 (401) 222-6650 Back to Top SOUTH CAROLINA The South Carolina statute is South Carolina Code Annotated § 20-7-5210 et seq. How to Contact: Children's Case Resolution System Governor's Office Ombudsman Division 1205 Pendleton St., Room 308 Columbia, SC 29201 (803) 734-0385 Fax: (803) 734-0385 South Carolina Families for Kids A public/private partnership between the South Carolina Department of Social Services and the United Way of South Carolina, South Carolina Families for Kids offers a combination of commitment, experience and resources that have made the adoption and foster care system more responsive and responsible. South Carolina Families for Kids & South Carolina Children's Justice Task Force funds the Children's Law Project at the University of South Carolina which advocates on behalf of children. How to Contact: Children's Law Project University of South Carolina Carolina Plaza, 12th Floor Columbia, SC 29208 (803) 777-1646 Fax: (803) 777-8686 Back to Top TENNESSEE How to Contact: Tennessee Commission on Children and Youth Child and Family Services Andrew Johnson Tower 710 James Robertson Parkway Nashville, TN 37243-0800 (615) 532-1572 Fax: (615) 741-5956 Back to Top TEXAS How to Contact: Mary Gordon Spence, Ombudsman Texas Natural Resources Commission P.O. Box 13087 Capitol Station Austin, TX 78711-3087 (512) 239-4000 Fax: (512) 239-4007 The Texas Department of Protective & Regulatory Services, through the Children's Justice Act Project (CJA), has supported the development of child advocacy centers and death review teams throughout the state. How to Contact: Texas Department of Protective & Regulatory Services P.O. Box 149030 Austin, TX 78714-9030 (512) 450-4907 Fax: (512) 450-3525 Back to Top UTAH The Utah Division of Child and Family Services has a Child Ombudsman Office. How to Contact: Child Protection Ombudsman Division of Child and Family Services Child Ombudsman Office 120 N. 200 W., P.O. Box 45500 Salt Lake City, UT 84145-0500 (801) 538-4100 Fax: (801) 538-3993 Back to Top WASHINGTON How to Contact: Office of Family & Children's Ombudsman 6720 Fort Dent Way, #240 Tukwila, WA 98186 Back to Top WYOMING How to Contact: Wyoming Department of Family Services 2300 Capitol Avenue -- Hathaway Third Floor Cheyenne, WY [307] 777-3679 Back to Top MISCELLANEOUS RESOURCES: American Bar Association Center on Children and the Law 1800 M Street, NW Ste. 200S Washington, DC 20036 (202) 331-2670 Center on Children and the Law 740 15th Street, NW Washington, DC 20005 (202) 662-1720 Fax: (202) 662-1755 United States Ombudsman Association P.O. Box 30026 Lansing, MI 48909 (517) 373-3077 Fax: (517) 335-4471 Society of Professionals in Dispute Resolution (SPIDR) 1621 Connecticut Ave., N.W. Suite 400 Washington, DC 20009 (202) 265-1927 Fax: (202) 265-1968 Back to Top ANTIGUA How to Contact: Office of the Antigua and Barbuda Ombudsman Deaney Place and Dickenson Bay Street PO Box 2049 St. John's, Antigua [268] 462-9364 Back to Top CANADA British Columbia  Manitoba  New Brunswick  Nova Scotia  Ontario  Quebec  Yukon Territories British Columbia How to Contact: British Columbia Office of the Ombudsman 931 Fort Street Victoria, BC V8V 3K3 [250] 387-5855 [Back to Top] [Back to Canada] Manitoba How to Contact: Province of Manitoba 750-500 Portage Avenue Winnipeg, MB R3C 3X1 [204] 786-6483 [Back to Top] [Back to Canada] New Brunswick How to Contact: New Brunswick Office of the Ombudsman 767 Rue Brunswick Street PO Box 6000 Fredericton, NB E3B 5H1 [506] 453-2789 [Back to Top] [Back to Canada] Nova Scotia How to Contact: The Province of Nova Scotia Ombudsman Office 5675 Spring Garden Road, Suite 300 Halifax, NS B3J 3B7 [902] 424-6780 [Back to Top] [Back to Canada] Ontario How to Contact: Ontario Office of the Ombudsman 125 Queen's Park Road Toronto, ON M5S 1C7 [416] 586-3485 [Back to Top] [Back to Canada] Quebec How to Contact: Protecteur du citoyen du Quebes 525, boul. Rene-levesque est.bureau 1.25 Quebec, PQ GIR 5Y4 [418] 644-6565 [Back to Top] [Back to Canada] Yukon How to Contact: Yukon Office of the Ombudsman PO Box 2703 Whitehorse, YT Y1A 2C6 [867] 667-8468 [Back to Top] Puerto Rico   How to Contact: Ombudsman for the Commonwealth of Puerto Rico PO Box 41088 Minillas Station San Juan, PR 00940 [787] 724-7373 If you are interested in joining our support group, use the link below to subscribe. Top of Form Subscribe to fosterparentallegations Powered by groups.yahoo.com Bottom of Form God Bless, GranPa Chuck Weekend WebMaster