Archive for November, 2010 »

Justice Department Computer Crime Initiative

Justice Department’s Computer Crime Initiative [offsite]

GENERAL INFORMATION
How to Report Internet-Related Crime
How Private Industry Can Help Fight Cybercrime
What does CCIPS do?
Inviting CCIPS Attorneys to Speak to You
Law Enforcement Coordination for High-Tech Crimes
Hiring Opportunities with the Computer Crime and Intellectual Property Section
Additional Information on the Department of Justice Web Site Relevant to Legal Issues and Computers or the Internet
Cyberethics
Cyberethics for Kids
Cyberethics Web Sites
OTHER CYBERCRIME ISSUES
Electronic Commerce: Legal Issues
Encryption and Computer Crime
Federal Code Related to Cybercrime
Intellectual Property Crime
International Aspects of Computer Crime
Privacy Issues in the High-Tech Context
Prosecuting Crimes Facilitated by Computers and by the Internet
Protecting Critical Infrastructures
Searching and Seizing Computers and Obtaining Electronic Evidence in Criminal Investigations
Speech Issues in the High-Tech Context

Information on the following topics:

I. Computer Crime
II. Searching and Seizing Computers
III. Protecting Intellectual Property Rights
IV. Encryption and Computer Crime
V. International Aspects of Computer Crime
VI. Law Enforcement Coordination for High-Tech Crimes
VII. Privacy Issues in the High-Tech Context
VIII. Speech Issues in the High-Tech Context
IX. Prosecuting Crimes Facilitated by Computers and by the Internet
X. Attorney Hiring by CCIPS
XI. Additional Information on the Dpt of Justice Web Site Relevant to Legal Issues and Computers or the Internet

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Posted by admin - November 29, 2010 at 4:17 am

Categories: Cyberstalking Online Abuse Laws   Tags:

CPS violates these in every case (child protective services violations)

CPS violates these EVERY CASE


Print one of these up and keep it handy it for future use- Violation_Warning-Denial_Rights_under_Color_Law.pdf

 


THE RIGHTS-
The First, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Thirteenth, and Fourteenth Amendments to the United States Constitution

 


The Statutes-
42 U.S.C. § 671(a)(15) Reasonable Efforts

 

42 U.S.C. § 671(a)(19) Relative Placement


Title 18, U.S.C., Section 241
Conspiracy Against Rights

 

Laws: Cases and Codes : U.S. Code : Title 18 : Section 241

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).

It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.

Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.


Title 18, U.S.C., Section 242
Deprivation of Rights Under Color of Law

 

Laws: Cases and Codes : U.S. Code : Title 18 : Section 242

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.

Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.


Title 18, U.S.C., Section 245
Federally Protected Activities

Laws: Cases and Codes : U.S. Code : Title 18 : Section 245

 

1) This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their activity as:

a) A voter, or person qualifying to vote…;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by the United States;

c) an applicant for federal employment or an employee by the federal government;

d) a juror or prospective juror in federal court; and

e) a participant in any program or activity receiving Federal financial assistance.

2) Prohibits willful injury, intimidation, or interference or attempt to do so, by force or threat of force of any person because of race, color, religion, or national origin and because of his/her activity as:

a) A student or applicant for admission to any public school or public College;

b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government;

c) an applicant for private or state employment, private or state employee; a member or applicant for membership in any labor organization or hiring hall; or an applicant for employment through any employment agency, labor organization or hiring hall;

d) a juror or prospective juror in state court;

e) a traveler or user of any facility of interstate commerce or common carrier; or

f) a patron of any public accommodation, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters…or any other establishment which serves the public and which is principally engaged in selling food or beverages for consumption on the premises.

3) Prohibits interference by force or threat of force against any person because he/she is or has been, or in order to intimidate such person or any other person or class of persons from participating or affording others the opportunity or protection to so participate, or lawfully aiding or encouraging other persons to participate in any of the benefits or activities listed in items (1) and (2), above without discrimination as to race, color, religion, or national origin.

Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be subject to imprisonment for any term of years or for life or may be sentenced to death.


Title 18, U.S.C., Section 1001
Fraud and False Statements

 

U.S. Code as of: 01/02/01

Section 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or   judicial branch of the Government of the United States, knowingly and willfully -
(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.


18 USC Sec. 1203
TITLE 18 – CRIMES AND CRIMINAL PROCEDURE
PART I – CRIMES
CHAPTER 55 – KIDNAPPING
Laws: Cases and Codes : U.S. Code : Title 18 : Section 1203 

STATUTE

(a) Except as provided in subsection (b) of this section, whoever, whether inside or outside the United States, seizes or detains and threatens to kill, to injure, or to continue to detain another person in order to compel a third person or a governmental organization to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so, shall be punished by imprisonment for any term of years or for life and, if the death of any person results, shall be punished by death or life imprisonment.


U.S. Code as of: 01/02/01

Section 2234. Authority exceeded in executing warrant

Whoever, in executing a search warrant, willfully exceeds his authority or exercises it with unnecessary severity, shall be fined under this title or imprisoned not more than one year. U.S. Code as of: 01/02/01

Section 2235. Search warrant procured maliciously Whoever maliciously and without probable cause procures a search warrant to be issued and executed, shall be fined under this title or imprisoned not more than one year.

Section 2236. Searches without warrant

Whoever, being an officer, agent, or employee of the United States or any department or agency thereof, engaged in the enforcement of any law of the United States, searches any private dwelling used and occupied as such dwelling without a warrant directing such search, or maliciously and without reasonable cause searches any other building or property without a search warrant, shall be fined for a first offense not more than $1,000; and, for a subsequent offense, shall be fined under this title or imprisoned not more than one year, or both.

This section shall not apply to any person -
(a) serving a warrant of arrest; or
(b) arresting or attempting to arrest a person committing or
attempting to commit an offense in his presence, or who has
committed or is suspected on reasonable grounds of having
committed a felony; or
(c) making a search at the request or invitation or with the
consent of the occupant of the premises.

More on Section 2236


Title 42 USC Section 1983

 

Laws: Cases and Codes : U.S. Code : Title 42 : Section 1983

Sec. 1983. – Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia

Title 42 USC Section 1983 Information


Title 42, U.S.C., Section 14141
Pattern and Practice

 

Laws: Cases and Codes : U.S. Code : Title 42 : Section 14141

This civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.

Whenever the Attorney General has reasonable cause to believe that a violation has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.

Types of misconduct covered include, among other things:

1. Excessive Force
2. Discriminatory Harassment
3. False Arrest
4. Coercive Sexual Conduct
5. Unlawful Stops, Searches, or Arrests


FRAUD

 

Section 1001. Statements or entries generally

(a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully -

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title or imprisoned not more than 5 years, or both.

(b) Subsection (a) does not apply to a party to a judicial proceeding, or that party’s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. (OK for system to lie?)

(c) With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to -

(1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or

(2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate.

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Posted by admin - November 24, 2010 at 3:35 am

Categories: Victims of Child Abuse Laws   Tags: , , , , , , , , ,

Mandatory Reporter of Abuse Law

US Code 2258 – Failure to report child abuse

A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be fined under this title or imprisoned not more than 1 year or both.

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Posted by admin - November 20, 2010 at 12:05 am

Categories: Child Abuse Laws   Tags: , , ,

Legal Representation for Parents in Child Abuse and Neglect Matters

Legal Representation for Parents

State Programs/Training/Support for Parent Representation

Parent Representation Law School Clinics

Parent Advocacy/Reform Organizations

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Posted by admin - November 19, 2010 at 6:15 am

Categories: Child Abuse Laws   Tags: , , , ,

Volunteers for Children Act HR2488

Volunteers for Children Act

National Fingerprint
Criminal History Background Checks


To conduct fingerprint-based national FBI criminal history background checks, link here for a full listing of state contacts. This list of contacts for every state, including information on prices and other details, is kindly provided by the State of Wisconsin, Department of Justice.


Congressional Bill: HR 2488
Introduced September 18, 1997
and signed by President Clinton, October, 1998.
A great victory for our children.

Who’s Watching Our Children?

1998 Volunteers for Children Act

Amendment to the 1993 National Child Protection Act

On October 9, 1998, the Volunteers for Children Act was signed into law by President Clinton as Public Law 105-251, amending the National Child Protection Act of 1993.

Because of this important amendment, specified organizations and businesses may now use national fingerprint-based criminal history checks to screen out volunteers and employees with relevant criminal records. This includes any business or organization that provides care, treatment, education, training, instruction, supervision, or recreation for children, the elderly, or individuals with disabilities, — whether public, private, for-profit, not-for-profit, or voluntary.

With this amendment, if a volunteer or employee of an organization sexually molests a child in his or her care and if it can be shown that this volunteer or employee had previously been convicted of a relevant crime (in the US), that organization may be held liable for negligent hiring.

If a current or potential volunteer or employee has a relevant criminal history, he or she must be prevented from having unsupervised access to children, the elderly, or the disabled. Such a person must not be placed in a position where he or she may victimize again. It is imperative that every authorized organization, particularly those who deal with children, immediately start requiring fingerprint-based criminal history checks.

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Posted by admin - November 16, 2010 at 5:11 am

Categories: Child Abuse Laws   Tags: , , , , ,

State and Federal Websites – Abuse Laws

State & Federal Websites

Government Websites, Agencies, & Offices, Child Protective Services,  State Law Searches, Other Public Resources

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
West Virginia
Wisconsin
Wyomi

Legislative Search
“Thomas Legislative Information on the Internet” ~
searches by bill text, bill number, or key terms;
Congress in the News; House and Senate: Floor activities;
bill summary & status; House & Senate roll call votes;
and many more issues related to Congress.

Whitehouse Home Page

FBI Field Offices ~ 56 Locations

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Posted by admin - November 14, 2010 at 10:57 pm

Categories: General Abuse Laws   Tags: , , , , ,

Adoption and Child Welfare Law News

FLORIDA: “Florida Court Calls Ban on Gay Adoptions Unlawful”
10.01.2010 | Adoption
By: John Schwartz read »

UTAH: “Navajo Nation can’t fight adoption of tribal kids”
10.01.2010 | Adoption
By: Brooke Adams read »

NATION: “Dave Thomas Foundation for Adoption Names America’s 100 Best Adoption-Friendly Workplaces”
10.01.2010 | Adoption
By: Staff Writer read »

NATION: “Study: Foster children struggle to learn”
10.01.2010 | Child Protection / Foster Care
By: Ledyard King read »

NATION: “Shortage of foster parents seen as U.S. trend”
10.01.2010 | Child Protection / Foster Care
By: Marisa Kendall read »

OHIO: “Ohio Supreme Court: Sellersburg couple can keep son for now”
10.01.2010 | Adoption
By: Matt Thacker read »

WASHINGTON D.C.: “HHS awards $39 million to states for increasing adoptions”
09.23.2010 | Adoption
By: Staff Writer read »

NEW YORK: “NY law lets unmarried adults jointly adopt”
09.23.2010 | Adoption
By: Associated Press read »

PENNSYLVANIA: “Report: Number Of Pa. Kids In Foster Care Declines”
09.23.2010 | Child Protection / Foster Care
By: Staff Writer read »

CONNECTICUT: “Federal judge to hear Conn. DCF oversight case”
09.23.2010 | Child Protection / Foster Care
By: Staff Writer read »

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Posted by admin - at 2:33 am

Categories: Foster Care and Adoption Laws   Tags: , , , , , , , , ,

Sexual Abuse Laws – Children Sexual Exploitation Law

  • § 2251. Sexual exploitation of children
  • § 2251A. Selling or buying of children
  • § 2252. Certain activities relating to material involving the sexual exploitation of minors
  • § 2252A. Certain activities relating to material constituting or containing child pornography
  • § 2252B. Misleading domain names on the Internet
  • § 2252C. Misleading words or digital images on the Internet
  • § 2253. Criminal forfeiture
  • § 2254. Civil forfeiture
  • § 2255. Civil remedy for personal injuries
  • § 2256. Definitions for chapter
  • § 2257. Record keeping requirements
  • § 2257A. Record keeping requirements for simulated sexual conduct
  • § 2258. Failure to report child abuse
  • § 2258A. Reporting requirements of electronic communication service providers and remote computing service providers
  • § 2258B. Limited liability for electronic communication service providers, remote computing service providers, or domain name registrar?1
  • § 2258C. Use to combat child pornography of technical elements relating to images reported to the CyberTipline
  • § 2258D. Limited liability for the National Center for Missing and Exploited Children
  • § 2258E. Definitions
  • § 2259. Mandatory restitution
  • § 2260. Production of sexually explicit depictions of a minor for importation into the United States
  • § 2260A. Penalties for registered sex offenders

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Posted by admin - November 13, 2010 at 10:22 pm

Categories: Sexual Abuse Laws   Tags: , , , , ,

CPS process flowchart | Child Protective Services

child protective services process flowchart

child protective services process flowchart

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Posted by admin - at 4:06 am

Categories: Child Abuse Laws   Tags: , , , ,

HHS Awards $39 Million to States for Increasing Adoptions

HHS Awards $39 Million to States for Increasing Adoptions

WASHINGTON–The U.S. Department of Health and Human Services today awarded $39 million to 38 states and Puerto Rico for increasing the number of children adopted from foster care. States use the funds from this adoption incentive award to improve their child welfare programs.

“America’s communities benefit when children grow up in stable families”

“All children deserve loving, safe and permanent homes,” said HHS Secretary Kathleen Sebelius. “It is gratifying that most states continue to excel in promoting the adoption of children from foster care. I sincerely thank every adoptive family that has welcomed a child into their home.”

States receive $4,000 for every child adopted beyond their best year’s total, plus a payment of $8,000 for every child age 9 and older and $4,000 for every special needs child adopted above the respective baselines. The year 2007 is the baseline.

This year’s incentive award recipients completed more adoptions in 2009 than in the 2007 baseline year.

“America’s communities benefit when children grow up in stable families,” said David A. Hansell, HHS acting assistant secretary for children and families. “We’re very pleased that the adoption incentives program is helping states improve their programs and place more children into homes that are theirs forever.”

States and territories receiving today’s funding are: Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Texas, Utah, Virginia, West Virginia, Wisconsin, Wyoming, and Puerto Rico.

A list of each state’s adoption incentive award amount can be found at http://www.acf.hhs.gov/news/press/2010/fy10_adoption_incentive_awards.htm.

Note: All HHS press releases, fact sheets and other press materials are available at http://www.hhs.gov/news.

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Posted by admin - at 2:31 am

Categories: Foster Care and Adoption Laws   Tags: , , , , ,