Saturday, August 1, 2009

Tara's Law

A bill designed to protect individuals with developmental disabilities who are living in community care residences has been introduced by 12th District legislators.

Sen. Jennifer Beck and Assembly members Declan O'Scanlon and Caroline Casagrande hosted a press conference July 21 at their office in Red Bank to announce the introduction of Tara's Law.

Tara's Law would require written monthly case manager reports about individuals with developmental disabilities who are residing in community care residences and would establish a registry of offending community care residence providers.

O'Scanlon: "This law will strengthen the accountability of monitors. People at every level will be responsible for reporting abuse. People will be held personally responsible."

The creation of the law was inspired by the tragic death of 29-year-old Tara O'Leary, a developmentally disabled woman who despite her family's best efforts to gain custody of her, remained in the care of the New Jersey Division of Developmental Disabilities (DDD), which placed her in a setting where she is believed to have been maltreated and neglected. She subsequently died in November 2008, weighing 49 pounds, according to a press release from the 12th District legislators.

Full Article and Source:
Tara's Law to give 'voice to the voiceless'

See also:
Tara's Law - Legislation

Is Hammond or Isn't He?

Conflicting reports by KFOX TV:

Famed Hollywood Attorney Gloria Allred wanted El Paso attorney Terry Hammond to serve as guardian for Nadya Suleman's eight children.

"Monday in an Orange County, Calif., courtroom, a hearing was held granting Hammond guardianship of the children."

Source:
Judge Appoints El Paso Attorney As Financial Guardian Of Nadya Suleman's Octuplets

Attorney Terry Hammond, who's also executive director of the National Guardianship Association, has been nominated to serve as a financial guardian for Nadya Suleman's eight babies.

"Hammond has not been appointed to that role by the judge in the case."

Monday, the judge appointed a separate independent counsel to look into the children's financial interests before deciding whether to appoint a permanent guardian something Suleman's attorneys said is not needed.

Source:
El Paso Attorney Nominated As Octomom's Financial Advisor

See also:
Judge Appoints Financial Guardian

Hammond To Serve As Guardian

Allred Nominates NGA Director

Battle in Jackson Probate Case

Katherine Jackson's lawyer is officially squaring off with the two men Michael Jackson selected to handle his estate, claiming the co-executors are intentionally trying to keep Jackson's mom in the dark.

Londell McMillan just issued a statement making it clear -- he wants Katherine to become a co-executor. McMillan claims the co-executors -- John Branca and John McClain -- are not letting Katherine see the agreement Jackson signed with AEG. ... which McMillan says could be a huge source of income for the estate.

McMillan claims the co-executors are imposing unreasonable demands on Katherine -- requiring her to make special promises of confidentiality for the benefit of AEG.

The co-executors have maintained all along they were the ones Michael selected to manage the estate and they are doing their job.

One thing is clear -- it's getting ugly.

Full Article and Source:
Dogfight Shaping Up in Jackson Probate

More information:
Battle brewing over Michael Jackson's music empire

Friday, July 31, 2009

Court Reverses Sanctions

Linda Paquette represented Vida Negrete in her petition to obtain a conservatorship over Bibiano Becerra in 2007.

Becerra had suffered serious brain and other injuries in a 2003 construction accident. He later recovered approximately $1.6 million in settlement, which was placed into a trust for which Negrete served as trustee.

San Diego attorney Parisa P. Farokhi was appointed as Becerra’s attorney and requested that all contact with her client be made through her.

In April 2008, Farokhi accused Paquette of having contacted her client without her consent and knowledge, which interfered with her representation of Becerra. Farokhi requested an order to show cause for sanctions or a contempt ruling, on the grounds that Paquette had violated the Rules of Professional Conduct in that manner.

The Fourth District Court of Appeal reversed an award of over $3,500 in monetary sanctions and attorney fees against a Pasadena attorney based on her alleged violations of the California Rules of Professional Conduct.

Div. One explained that San Diego Superior Court Judge David G. Brown’s imposition of sanctions was legally unsupportable because Linda Paquette had not violated a court order by disregarding a request by counsel for a proposed conservatee that all communications to her client go through her.

Full Article and Source:
Court Reverses Sanctions Against Pasadena Attorney

Judge Clark Munger



Death Served the Purpose

Youth Inspires Others

Attorney Bernardini and Judge Munger

Bernardini & Munger

A Grandchild's Fight

Judge Considering Permanent Guardian

Nadya “Octomom” Suleman signed a contract in May with production company Eyeworks for her family to star in a reality show. Production on the show has begun, but Suleman’s 14 children are currently being kept off camera while work permit issues are considered.

Meanwhile, an Orange County judge is considering whether a permanent financial guardian should be appointed to oversee the children’s earnings from the show (reportedly $250,000 over the next three years) and ensure that they are not exploited.

On Monday, a California judge appointed a lawyer to temporarily oversee the estate of the octuplets.

Suleman's lawyer said a hearing on guardianship is scheduled for Aug. 31 and that Suleman has a motion to dismiss the guardianship order set to be heard on Aug. 20“The appointment of a guardian most assuredly will affect the ability of Nadya to contract with a production company.”

Full Article and Source:
'Octomom' Nadya Suleman's upcoming reality show now in production, lawyer says

See also:
Suleman Guardianship

Thursday, July 30, 2009

Follow-Up: The Gary Harvey Story

Sara Harvey recently made an appearance in Elmira court where she was told her brain damaged husband's feeding tube would not be removed by Chemung County.

Hear her story here:
FLN News / Follow-Up: The Gary Harvey Story

More information:
Dying with Dignity: Follow-Up

The Gary Harvey Story

See also:
Interview With Harvey

Guardianship of Gary Harvey

FLDS Last Custody Case

The last FLDS child in Texas state custody is home -- but not with her parents.

A Texas judge signed an order Thursday permanently placing the last child taken from the polygamous sect's ranch into a relative's care, ending the state's involvement in the massive case.

The girl, now 15, was allegedly spiritually married to FLDS leader Warren S. Jeffs in July 2006 when she was 12. She was the only child of the 439 removed during a state investigation at the Yearning for Zion Ranch in April 2008 still in state custody.

Tom Green County Judge Barbara Walther ruled that Naomi Carlisle, an aunt, will have permanent managing conservatorship of the girl and has exclusive right to determine where she lives.

Walther granted Barbara Jessop, the girl's mother, supervised visits with her daughter, to be overseen by Carlisle. The judge limited the rights of the girl's father, Merril Jessop, to providing $180 a month in child support and getting her medical insurance.

Barbara Jessop also was ordered to pay Carlisle $180 a month to support her daughter.

The judge said the girl is to have no contact with Warren S. Jeffs, the imprisoned leader of the Fundamentalist Church of Jesus Christ of Latter Day Saints.

Full Article and Source:
Texas judge closes last custody case in YFZ raid

See also:
CPS Overruled Efforts

CPS Drops Case

CPS Seeks Permanent Conservatorship

CPS: Court Abused Discretion

Appellate Court: Right or Wrong?

No Right To Seize

Judge Bars CPS

Hammond To Serve As Guardian

Famed Hollywood Attorney Gloria Allred wanted El Paso attorney Terry Hammond to serve as guardian for Nadya Suleman's eight children.

Monday in an Orange County, Calif., courtroom, a hearing was held granting Hammond guardianship of the children.

A petition was filed on behalf of a former child actor who is an advocate for kids in entertainment.

Paul Petersen said he wanted a guardian to ensure labor laws are followed and the money the babies earn is kept safe. That's the role Hammond will now play.

Hammond told KFOX last week there are a number of contractual arrangements being made by Suleman and her attorneys that don't protect the childrens' financial interests.

Full Article and Source:
Judge Appoints El Paso Attorney As Financial Guardian Of Nadya Suleman's Octuplets