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Saturday, April 28, 2007

 
FUNDS FOR GOOD PROGRAM DENIED--FUNDS FOR BAD PROGRAM APPROVED

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appears to at least some portion of the General Appropriations Budget approved by the South Carolina Senate Finance Committee for Fiscal Year 2007-2008. We note that it provides for $800,000 to be given directly to Heritage Community Services although, to our understanding, DHEC, which manages the Title V, Section 510 Abstinence-only programs in South Carolina, not only did not request funding for this project, but specifically requested other funding that was denied. Moreover, the Senate Finance Committee has also denied requested funding for The South Carolina Center for Fathers and Families.

At first blush, these two programs may not appear to be either related or in competition for limited tax dollars. But a closer inspection shows the relationship. Among other things, The South Carolina Center for Fathers and Families seeks to "provide alternatives to incarceration that allows those fathers seeking to provide financially for their children the opportunity to do so and at the same time reduce the burden on the state and the taxpayers." Among other things, Heritage Community Services seeks to reduce teenage pregnancies by teaching adolescents the negative economic consequences of having children during adolescence.

Simply put, one program (ineffectively) teaches how to avoid unplanned pregnancies and the other program teaches how to provide for children who are often the result of unplanned pregnancies.

It is understandable why Heritage would go this funding route. As a result of the recent publication of the (long overdue) Mathematica Study, Congressional funding for these pseudo-scientific "pure" abstinence sex-education programs is in jeopardy. Additionally, this development will make it more difficult for Heritage to obtain the money from the South Carolina Legislative Slush Fund. Given that 97% of Heritage's funding comes from various government entities and that the program has not been shown to be effective, it is obvious why this organization needs some insider-trading capability.

Although we have a pretty good idea of who slipped this item into the Budget (State Senator Larry Grooms), we are curious as to whether the press will "out" him. Additionally, we are more curious as to whether Governor Sanford will have the courage to stand behind his convictions and start using line item vetoes to deprive pork to some of the "prudes."

Friday, April 27, 2007

 
VIRGIE ARTHUR WILL NOT GIVE IT UP

On the plus side is the fact that the Bahamian Court based its paternity decision on science rather than a name on a Birth Certificate. On the negative side, the child's maternal grandmother continues to be allowed to challenge custody even in the absence of either a claim or a showing of unfitness on the part of the biological father. This is absurd and may be a preview of the kinds of things that will occur in South Carolina if the Visitation for Grandparents Act is passed into Law.

Thursday, April 26, 2007

 
LATEST VERSION OF SC GRANDPARENTS VISITATION BILL

Click here to review the latest version of the proposed South Carolina Grandparents Visitation Bill.

Although we can understand that there may be some instances in which it is a good idea to order a parent to allow contact between a child and the child's grandparents, there are some troubling aspects to this proposed legislation. Notably the Amended Bill provides, "The judge presiding over this matter shall award attorney's fees and costs to the prevailing party."

While Family Court Judges already have discretion--within clearly delineated guidelines-- to award attorneys fees in any domestic litigation, we know of no other instance in which a Judge is required to award fees to the prevailing party. Moreover, the term "prevailing party" is not defined in the Statute.

If this legislation is passed in its current form, we can envision situations where wealthy grandparents use the threat of the prospect of having to pay hefty attorneys fees to usurp the parenting roles from either the ex-spouses or surviving spouses of their sons or daughters. Additionally, we note that there are those who think the Bill would be unconstitutional.

Wednesday, April 25, 2007

 
"LEGISLATIVE SLUSH FUNDS" PROVIDED FOR SELECTED PROJECTS

According to the South Carolina Budget and Control Board (BCB)website, this* is the complete list of Competitive Grants awarded through 1/30/07.

Although the BCB is not currently accepting grant applications, this could change at any time.

On a related issue, readers may want to take a spin through the articles published in The State as well as the links included in those articles. To get them started, we have pasted some links hereinbelow.

Obviously, many of the projects funded by this grant program are inappropriate and of little benefit to the taxpayers. But, on the other hand, the availability of these funds raises the question of why more counties did not seek grants to pay Court-appointed Guardians and lawyers from this program. Or more important, the availability of these funds raises the question of why the State of South Carolina continues to lag behind the rest of the country in developing its federally mandated child-support tracking program.

*http://www.bcb.sc.gov/webfiles/bcb/Comp.%20Grants/Competitive_Grants_Awards.pdf
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Legislators' pet projects no longer guaranteed

Monday, Apr 9, 2007
Changes at a key state agency have made it more difficult for lawmakers to tap into a $22.5 million fund for pet projects. read entire article

$500,000 grant raises questions

Monday, Apr 9, 2007
The single largest amount awarded so far through a controversial legislative grants program was given to a nonprofit medical clinic with ties to a state lawmaker. read entire article

$21 million in grants go unchecked

Monday, Apr 9, 2007
A state program that has doled out $21 million in taxpayer money to more than 300 projects has limited procedures in place to verify how that money is spent. read entire article

How S.C. officials skirted the law

Monday, Apr 9, 2007
State employees manipulated the law in awarding millions of dollars in legislative grants, according to behind-the-scenes emails and other documents obtained by The State. read entire article

Tuesday, April 24, 2007

 
TOMORROW IS PARENTAL ALIENATION AWARENESS DAY

Tomorrow, April 25th, is "Parental Alienation Awareness Day." The "simple" definition of parental alienation is behavior by a third party that interferes with a normal parent-child relationship. Common methods of alienating a parent include speaking negatively to or about a parent in front of the child, interfering with communication and visitation, and/or sharing inappropriate information with the child. Readers can learn more about both parental alienation and Parental Alienation Awareness Day by visiting Parental-Alienation-Awareness.

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Monday, April 23, 2007

 
ALEC AND KIM REDUX--PARENTAL ALIENATION SYNDROME?

We do not want to dwell on this case because we are more interested in the nature of the dispute than the individuals involved in the dispute. However we note that this article has stimulated a tremendous amount of thought-provoking discussion.

Some of the initial posts are pasted hereinbelow. The rest can be accessed here.
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Message #13

I feel for alex, as a father trying to win custody of my two children, i know what he is going through, for that tape message to appear on national tv, it could only have been the mother's doing. A 12 year old would not have the sense to call a reporter and ask them to publish the phone conversation. That was deliberately done by the mother to show the world how bad Alex is to his daughter. What the mother does not know, is she publicly humiliated her own daughter too. I believe that alex was frustrated as i am many times, when i want to see my children only to be denied by the mother, and then phone conversations are taped after she gets me angry and then the tapes are displayed to make me look like a lunatic as they are trying to do to Alex. I wish the courts would take the time to investigate both mother and father before they jump to the conclusion that the mothers are always right. My ex will smile in your face like an angel, then stab you in the back. I think that is what Alex is going through now. My advise for Alex, when you show you don't care, that is when they want to dump the kids down your throat, which is a sad situation.

Message #14

If you look up PAS on the internet, the story is the same, only the names are changed. I lived it. I have so much sympathy for the daughter. She won't get the whole story until she's older. I read that he had called his daughter back immediately afterward and apologized but I agree adults should protect their children from any negativity about the other parent and not take out their frustrations on them. Her mother is hurting her just as much as her father's words by allowing this to get out to the public.

Message #15

I do blame Kim Basinger for this issue as well, she should let her daughter know that Alec Baldwin is her father, no matter what her relationship with him as her ex-husband in the past and the nasty divorce, he will always be her daughter's father, so for the sake of this, she should know how to develop a relationship between Alec and Ireland, specially since Ireland is with her, she is only a child and its a mother job to make sure there is still relationship going as a daughter and father, even if he is many miles away. Since their daughter is only 11 yrs, she should have also make sure that her daughter attend her father's call no matter what is making her busy, (it seems that he have to call her on specific time according to court on the custody), after all her father do not and cannot meet her often due to the court on their custody. Kim as a mother should inform her that her father will miss her too and that his phonbe call is important for her i.e Ireland and Alec. If i am in her position, that is what i will do, even if i hate my daughter's father.

Message #16

Also, i am wondering who leak this tape? it is not a mature way fighting about divorce and custody case. I think they should investigate and if it is from Kim personally leaking this through her lawyer etc. let her also get some punishment for this infiltration of privacy to selling to public media to gain the court case. It is just not justified.

Message #17

To: Fathers who care

I applaud you. My mother was always thought of as an angel too. Only I knew the difference but I was too ashamed to tell anyone. In private, she was a tyrant--a real-life "mommy dearest". I thought I must be a "bad" person too because I was his daughter and she would hate me as much as she hated him. It was very hard to feel like I would lose both parents. These women are very manipulative and will exploit anything for their own purpose of keeping the kids away from their dad as a punishment to the dad for the perceived wrongs done to them. And since they're so good at deception, they usually have everyone believing them. I wish the courts everywhere would see this for what it is. Some states do, just not enough of them.

Message #18

"Eating like a pig" is completely opposite to "You ARE a pig"

In any event, Martha's defense of Alec Baldwin is an example of the "Why do you stay with them?" query to the abused wives. Because some of them, like Martha, love the abusers, like Alec, just too much to put them where they belong: In a single isolated cell.

Martha give some explanation to the "battered wife syndome" and Alec and others give thanks to her.

Message #19

Imagine the fear that Kim & Ireland have had to live with all this time, with a raging lunatic filled with such anger and hatred spewing at them like this. Do you think this is the one and only time he has spoken like this? Perhaps most of Alec's conversations sound like this. Maybe that's the reason Ireland didn't answer this call? Just think, if this recorded message had never taken place, there would be no documentation for this tape to have been "leaked". Bravo to who ever did bring this tape forward, to show Alec's true colors. It will make for great documentation in court, when a permanent, life long restraining order should be issued against him. If Alec is in attendance, maybe that will be the next mass shooting........GET HELP NOW ALEC!!!!!

Message #20

No, its not excusable, but as a wife whose husband is the victim of cruel games by his ex, using their child as a pawn, I can understand too how much that must hurt. We dont really know the whole story, and it would behoove the public to not take sides in a divorce case (i know this is inevitable). I just hope that this will bring attention to the millions of fit fathers who have to fight the bitterness and resentment of their ex, and prevent the child from being used in a tug of war battle. The mother is not always right

Message #21

Right on, Martha. Baldwin blew it, it's awful. But equally awful are all the judgmental people claiming he's so horrible, when 99% percent of them -- at least the ones with kids -- have probably done the same damned thing once or twice (or more). Thanks for reminding us that nobody is perfect.

Message #22

This article was such a touching defense of Mr. Baldwin. How do I get on his payroll?

Message #23

IT SEEMS LIKE THE MEN ALWAYS GET THE GARBAGE FROM THE EXWIFES, OH YES THERE GOOD ENOUGH TO PAY SUPPORT EVERY WEEK. BUT WHEN THE HUSBANDS WANT THERE TIME WITH THE KIDS THERE ARE 100 EXCUSES WHY HE CAN'T HAVE THEM. MY HUSBAND WENT THROUGH THAT FOR 5YRS SHE MADE SURE HE WAS THE SCUM OF THE EARTH IN THERE CHILDRENS EYES. HE NEVER ONCE MISSED A SUPPORT PAYMENT, B-DAYS OR CHRISTMAS AND NOW AFTER ALL THIS TIME NOW HE IS GOOD ENOUGH TO CALL DAD AND THESE WERE NOT SMALL KIDS. SO READERS DON'T BE SO QUICK TO JUDGE UNTILL YOU HAVE ALL THE FACTS.

PLEASE KEEP AND OPEN MIND NOT ALL MEN ARE BAD IT'S JUST WHAT THEY HAVE TO WORK WITH SOMETIMES. WOMEN LOVE REVENGE BELIEVE ME MEN SHOULD DO WHATS RIGHT BUT WOMEN HAVE OBLIGATIONS TO AND THAT'S TO FOLLOW THROUGH ON THERE END.

Message #24

I wonder how he treat his daughter when nobody is around, There is no excuse for talking to her like that.

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Sunday, April 22, 2007

 
CONVICTED SEX OFFENDER ACQUITTED IN "DUNGEON RAPES"

A jury acquitted a convicted sex offender Monday of raping two teenage girls whom police say escaped after they were left to die in an underground bunker he had built.

We do not know how this case could have gone so awry. However, it should be a reminder to all parents to check the local Sex Offender Registry on a regular basis. The South Carolina Sex Offender Registry can be accessed here.

Saturday, April 21, 2007

 
THE CONTINUING SAGA OF KIM AND ALEC

We cannot say that Alec Baldwin's behavior will win any "Parent of the Year" awards. Nor do we buy his claim that he "was driven to the edge." However, we remind everyone that a parent who fails to pay child support may be in serious trouble, whereas a parent who interferes with the visitation rights of the other parent is unlikely to receive a reprimand from the Court. In this case it appears that Ms. Basinger has been interfering with Mr. Baldwin's visitation rights; according to the New York Times, "Ms. Basinger is facing trial on 12 misdemeanor counts of criminal contempt for allegedly disregarding court orders concerning Baldwin's visitation rights."

Friday, April 20, 2007

 
FEDERAL DATABASE EXPOSES SOCIAL SECURITY NUMBERS

The New York Times reports that the Social Security numbers of tens of thousands of people who received loans or other financial assistance from two Agriculture Department programs were disclosed for years in a publicly assessable database.

Why does this not surprise us? After all, one can still utilize the Internet to access, not only Social Security numbers, but personal information, from the Family Court records in South Carolina.

Thursday, April 19, 2007

 
N. O. JUDGE WILL NOT PROSECUTE POORLY REPRESENTED INDIGENT DEFENDANTS

The New Orleans Times Picayune reports, "In a ruling in which he chastised the Louisiana Legislature for continually failing to adequately finance the state's public defender systems, Criminal District Court Judge Arthur Hunter on Wednesday halted the prosecution of 42 indigent defendants and ordered the immediate release of any who remain in jail."

We referenced this case in our March 30, 2007 post. We are curious as to whether this decision will have any impact on developments in South Carolina.

Wednesday, April 18, 2007

 
PATERNITY FRAUD LAWS--GOOD OR BAD?

In this article, assistant professor of law at Michigan State University-DCL College of Law Melanie B. Jacobs, JD, LLM argues against the enactment of paternity fraud laws. For a different view, click http://www.paternityfraud.com/.

Saturday, April 14, 2007

 
WITH A ZAP OR SWIPE OF IDS, DEVICE HELPS NAB "SCOFFLAWS"

USA TODAY reports about a handheld electronic scanner that can determine almost instantaneously whether a person is on one of 140 wanted or watch lists.

Although the device is controversial because civil libertarians view it as an intrusion on the innocent, its manufacturer claims that it can identify within a second whether someone is a fugitive from justice, has a violent criminal past, or is a convicted sex-offender.

One may wonder why this device is not being used in South Carolina to identify those who are not paying child support. However, the answer is obvious--the state has no central child support data base to check.

Wednesday, April 11, 2007

 
CAN A "SPERM DONOR" BE FORCED TO PAY CHILD SUPPORT?

We think the answer to this question in many states is "yes." But to access a competing view, click here.

The Uniform Parentage Act of 2002 provides protection for sperm donors against paternity claims. However, this Act has never been adopted by many states, including South Carolina.

Monday, April 09, 2007

 
ACLU OF SC URGES SC SUPREME COURT TO ORDER FAMILY COURTS TO APPOINT COUNSEL TO INDIGENT DEFENDANTS FACING INCARCERATION FOR NONPAYMENT OF SUPPORT

Read the ACLU Press Release here.

All we can say is "It's about damn time!" As noted in the Amici Curiae Brief of the ACLU, the Sixth Amendment requires that Court appoint counsel to represent indigent defendants when imprisonment is a possibility and that "[because imprisonment is a possibility in non-payment cases] "[t]he Sixth Amendment applies in equal force to defendants charged with contempt for nonpayment of child support."

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Sunday, April 08, 2007

 
MAN WINS VISITATION RIGHTS FOR "PSYCHOLOGICAL" PARENTS

The Charleston Post and Courier has reported that "Man wins [visitation] rights for 'psychological' parents." To read the South Carolina Court of Appeals Opinion, log on to this site.

It is worth noting that the decision in this case is based upon the particular facts of the case. However, it is also important to note that, in at least some respects, this case expands the parental rights of a non-biological/non-adoptive "parent" by expanding the definition of "parent."

Friday, April 06, 2007

 
REDUCED TOLL PHONE RATES AT SOUTH CAROLINA STATE PRISONS?

Greenville Online has reported that a South Carolina Senate committee has approved a bill that will both "refuse any further telephone company commissions from the use of prison pay phones and ask state officials to negotiate lower phone rates that are paid by prisoners' families."

This year the state will receive about $1.4 million in commissions; however, it is anticipated that this legislation will result in a twenty (20%) percent reduction in rates.

From our perspective, this legislation is long overdue. Moreover, we hope that South Carolina counties will follow suit in regards to either reducing or eliminating the telephone tolls charged to county inmates.

Monday, April 02, 2007

 
PIZZA BOXES SPOTLIGHT CHILD-SUPPORT SUSPECTS

According to CNN "Customers at some suburban pizza parlors are getting something extra with their pepperoni and mushrooms -- wanted posters for parents accused of failing to pay child support."

Enforcement agencies across the country have utilized a variety of techniques to help locate support parents behind on their support obligations and to collect past-due payments. For example, Virginia has had great success by issuing subpoenas to cellular phone companies seeking addresses and phone numbers. However, this approach not only appears to be ineffective, but has come under criticism as well.

Although the first pizza posters appeared in August, they have led to only one arrest. Additionally, Maury Beulier, an attorney who focuses on fathers' rights cases called the tactic "horrible." "It's just a way of shaming people...Many circumstances can cause people to get behind in support payments, but that doesn't make them deadbeats," he said. And, according to Michael McCormick, executive director of the American Coalition for Fathers and Children, "Widespread public shaming also can devastate the children. "Think how children feel to see a parent on a wanted poster and know their friends might see it," he said.

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