Author Topic: HERE'S SOME SEED HISTORY FOR ALL THE HISTORY BUFFS  (Read 873 times)

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Offline Stripe

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HERE'S SOME SEED HISTORY FOR ALL THE HISTORY BUFFS
« on: April 06, 2006, 09:58:00 PM »
In thinking about our experiences inside the Seed, I think it also important to look at what was happening OUTSIDE the Seed while we were there.  The real events that really happened - not the stories from Art Barker and his Staff.

For those who still want to believe that any ?controversy? surrounding The Seed was a good thing, that it was indicative of a society rejecting the goodness of Art Barker and his program, look at how far this Parent had to go to NOT participate in The Seed.

In my opinion, this case shows a bold-faced grab for control though the courts? the question is ? where does this grab for power really come from?  Do any of you truly believe that in 1974 the local State Attorney really cared who went to the Open Meeting in Ft. Lauderdale?  More likely it eminated from somewhere off State Road 84 in Ft. Lauderdale, FL.

Here?s the case in nutshell, but read the whole Court Opinion.  The Palm Beach County Juvenile Court issued an order of civil contempt against Mrs. Provost (whose daughter was Court ordered to the Seed) when the Mother refused to participate in the Seed program.  

As some of you may know, in a civil contempt proceeding, the Court can hold you in jail as a means of forcing your compliance with its order if you ?hold the keys to your jail cell,? i.e.:  all Mrs. Provost had to do to get out was participate in the program  - go to the Open Meetings.

She appealed the commitment order and the 4th District Court of Appeals rightly found that the Juvenile Court had no jurisdiction over Mrs. Provost and it could not force her to participate in the Seed program.  However, the Junvenile Court could force this parent to PAY for it.

HERE IS THE REPORTED CASE IN FULL ? Footnotes (n1, n2, n3, and n4) follow this Opinion.


In the Interest of S.M.G., a child.  Mrs. Norwood PROVOST, Appellant, v. STATE of Florida, Appellee

No. 73-651

Court of Appeals of Florida, Fourth District

291 So. 2d 43; 1974 Fla. App. LEXIS 7822

February 15, 1974

COUNSEL:  
John W. Bellamy, Bellamy & Barnes, West Palm Beach, for Appellant.
Robert L. Shevin, Atty. Gen., Tallahassee, and C. Marie Bernard, Asst. Atty. Gen., West Palm Beach, for Appellee.

JUDGES:
Walden, Judge.  Owen, C.J., and Mager, J., concur.

OPINIONBY:
WALDEN

OPINION:
What are the dimensions - the outer bounds - of the power (jurisdiction) of the Juvenile Court (n1) over the parent of a delinquent child? That is the question.


Appellant is the mother of a fifteen year old daughter who had been adjudicated to be delinquent under F.S. Section 39.10, F.S.A.1971. (n2).  Thereafter in the administration of Chapter 39 and in laudable pursuit of the child's rehabilitation, the juvenile court ordered the appellant mother to "participate  in and fully cooperate with the Seed Program. (n3)

Appellant, while indicating interest in her daughter's welfare, did in gist refuse to travel back and forth between West Palm Beach and Fort Lauderdale and to otherwise participate in the Seed Program.  Because of this, the court, on May 23, 1973, adjudicated appellant to be in contempt of court and ordered her incarcerated for a period of thirty days.  This appeal resulted.
Our interest and focus is upon the legality of the initial order which mandatorily required the appellant to follow a course of action contrary to her wishes.  If the court lacked jurisdiction to enter same, the order is void and there is no basis or predicate for contempt proceedings.   n4


We recognize, as a start, that the juvenile court is a statutory court of limited jurisdiction.  Its authority and jurisdiction is limited to that conferred upon it by the Legislature of the State of Florida.  Its general jurisdiction is provided by F.S. Section 39.02, F.S.A.1971.
We have screened and sifted the statutes and particularly F.S. Chapter 39, F.S.A.1971, and specially Section 39.02, supra, with reference to the issue.  The only instance and provision that can be found granting specific power over a parent is F.S. Section 39.11(2)(b), par. 4, F.S.A. 1971. Thereunder where the delinquent child has been removed from the parent's custody, a court is empowered to order the parents to pay the person or institution having custody reasonable sums of money for the child's care, support and maintenance.  To emphasize there is no other power to order a parent to do anything as a matter of first instance.  That's all.


And so how does the juvenile court function with this limited authority over the people who normally have primary responsibility for the welfare of a child?  The answer and the very success of the juvenile court program is to be found in the skill and technique of the dedicated jurists who man the benches of such courts.  By melding the love and natural anxiety of parents of delinquent children and by judicious use of their power to remove such children from their parents' home and place them with other persons or institutions at the parents' expense, and other persuasive arts, a court is able in most all cases to obtain cooperation and to fashion the best possible solution to the tragic problems that befall such young people.  Of course, there are, as all know, hard core cases attended by recalcitrant or unfit parents, and there are those cases unfortunately for which there is no solution.  In these latter cases even the possession of the statutory power over such parents would probably be self-defeating and lead only to frustration and increase in the jail population.
Thus, brushing aside our first blush impression to the contrary, we find no void or fault in the statutory fabric and do not presume therefore to recommend the enactment of additional judicial authority.

In conclusion, it is our holding that the juvenile court lacked jurisdiction to enter the appealed order and, hence, same was void. The order is reversed and  the cause remanded with respectful instructions to discharge the appellant.
Reversed and remanded.
OWEN, C.J., and MAGER, J., concur.


FOOTNOTES TO THE OPINION

n1 -  Juvenile Division of the Circuit Court in and for the Fifteenth Judicial Circuit.

n2 -  F.S. Chapter 39, F.S.A.1971, applies to the instant case.  The chapter was subsequently amended, see Florida Laws 1973, Chapter 231, effective July 1, 1973.

n3 - The Seed Program is an innovative drug rehabilitation endeavor which is located in Fort Lauderdale, Florida.  The success of the Seed Program depends in large part upon the cooperation and personal participation on the part of the parents of the delinquent child.

n4  - F.S. Section 39.13, F.S.A. 1971, and 6 Fla.Jur., Contempt,  27.  To illustrate, an application of the Contempt Statute, if the court entered a legal order placing the child in the custody of an institution and a parent, or for that matter, anyone, interfered with that order by removing or allowing the removal of the child from such custody, that person would be a proper subject of contempt proceedings.  See Graham v. State, Fla.App.1962, 144 So.2d 97, for a proper example of the court's exercise of its contempt power.


 

[ This Message was edited by: Stripe on 2006-04-06 19:00 ]
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Offline GregFL

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HERE'S SOME SEED HISTORY FOR ALL THE HISTORY BUFFS
« Reply #1 on: April 07, 2006, 07:13:00 PM »
Great Stuff Stripe!

All kinds of weird sentences were imposed back then.  It seems the pro seed judges just made up law as they went along.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »

Offline Antigen

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HERE'S SOME SEED HISTORY FOR ALL THE HISTORY BUFFS
« Reply #2 on: April 08, 2006, 03:30:00 PM »
For the past 6 years or so, I've been beating the drum for program vets to look into what the DFAF and their political and business associates are doing right now in your own schools, communities, public and private institutions, etc..

Almost nobody has agreed with me that this area of inquery is really worth pursuing. So, the whole while, Betty's buddies, like Guy Tunnell, Frank McKiethen et. al have been working the Program (w/ a few tweaks and window dressing changes) on the inmates whom, through their very own Zero Tolerance, piss testing and other projects, they have caused to be confined in the Juvenile Justice system.

I wonder how many other kids have died or been mentally, emotionally and statutorily fucked for life in the mean time since I took everybody's word for it that I was just being paranoid?

Please join me in pursuing this vigorously! This is a national story, may go international as a Canadian paper has printed at least one article on it.

We know a little something about how these people think and what motivates them that the general public, most of the legislature and most of the people whithin the regulatory bodies and the victims and their families could really use right now. They seem to think that this is all a fluke, just a couple of bad assholes who we should prosecute. They don't seem to grasp that this is just exactly what that sick fuck, Brother Jeb, meant when he promised "$100 million in state funding for juvenile rehabilitation."

Jeb and his associates are so completely brainwashed that there's no influencing them. You might just as well sit down and try and have an intelligent, reasoned conversation about it with Betty or the Rev., Dr., Dr., Virgil "Fr. Cassian" Miller Newton about their philosophy on raising kids as to try and get the people currently in charge to understand that what they're doing is patently evil.

Don't believe me? Just look at this
http://myfloridalegal.com/

Charlie Christ (pronounced "krist" w/ a short vowel, cause they don't want to be too, too obvious) is almost certainly a former Seedling. How else could his father have wound up on the BOA of The Seed in Ft. Lauderdale during the time when Charlie would have been highschool age? As far as I know, only program parents were on that board. And if he be a former Seedling and he be in good standing w/ the creepy cult people, then you can safely bet that he's a proud Seedling, a Super Seedling, a firm believer in Art's fondly held dystopian nightmare about creating a generation of Homo Superior Seedling (yes, he used to say that right in front of God and everyone; parents, Seedlings... even journalists!)

Much, much more here:
http://fornits.com/wwf/viewforum.php?forum=51&207

Time is of the essance. The media and their readership suffer from short attention span syndrome. Please look this stuff over and consider writing to the journalists who are trying cover this story and fill them in on the rest of it.

Society in every state is a blessing, but Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one.
--Thomas Paine


you Momma is a big fat's ________
--Leroy Brown

« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
"Don\'t let the past remind us of what we are not now."
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Offline GregFL

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HERE'S SOME SEED HISTORY FOR ALL THE HISTORY BUFFS
« Reply #3 on: April 08, 2006, 09:17:00 PM »
Charlies father, Pediatrician Dr. Charles Crist, was actually on the St Petersburg Seed Advisory council, a panel of influencial seed supporters (and likely parents of seedlings) that were responsible for bringing the seed to st petersburg.  I think they may have disbanded shortly thereafter, but the advisory council existed in early 73, before the seed opened in Pinellas county.  Just what was Mr. Crists interest and involvement in the seed, so far away from St Pete?   Newspaper articles of the time spoke of a handfull of Pinellas Teenagers who were in The Ft. Lauderdale Seed.
 

Was Charlie Crist in the Ft Lauderdale Seed?  I don't know, but I would bet "Yes" if this was a contest.

[ This Message was edited by: GregFL on 2006-04-08 19:25 ]
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Offline Antigen

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HERE'S SOME SEED HISTORY FOR ALL THE HISTORY BUFFS
« Reply #4 on: April 09, 2006, 05:58:00 PM »
I wonder how much ol'e Charlie will have to do with the Martin Lee Anderson prosecution?

Capitol Report
Quote
http://www.fsu.edu/~wfsu_fm/programs/cr ... g2006.html


Men had better be without education than be educated by their rulers.

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« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
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Offline GregFL

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HERE'S SOME SEED HISTORY FOR ALL THE HISTORY BUFFS
« Reply #5 on: April 09, 2006, 11:28:00 PM »
Stripe, that was one interesting read.

Thanks!
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Offline Stripe

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HERE'S SOME SEED HISTORY FOR ALL THE HISTORY BUFFS
« Reply #6 on: April 10, 2006, 02:38:00 PM »
The other case I posted on the other history thread is a bit longer. You should note that the dissenting judge in that case (the SAME judge)  tried like hell to excuse the actions of the physican friend of Art and Shelly Barker on a claim of medical malpractice where the doctor allegedly relied solely on the statements of Shelly Barker that the child was dying wand had been using iv drugs.

There are prime exaples of reported decisons by a judge looking to further and protect the interests of The Seed and those who worked with the Barkers in establsihing this empire.

This judge does not quite fit the term "activist," but cerainly he is not adverse to ramming his version of social policy and responsiblity down the throat of anyone who might stand for it.
« Last Edit: December 31, 1969, 07:00:00 PM by Guest »
The person who stands up and says, ``This is stupid,\'\' either is asked to `behave\' or, worse, is greeted with a cheerful ``Yes, we know! Isn\'t it terrific ?\'\' -- Frank Zappa