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Messages - firstresponder

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1
so is this place still open and if so how close to the nebraska boarder is it. if it aint that far mabey i need to take a little road trip and my camera.

2
Quote from: "anythinganyone"
Cross Creek didn't have subcategories.  I can't remember every rule, I tried my best to though.

good list i really dont think ANYONE can remember all the rules. i didnt know they did have sub cat's i know TB and SCL did. thats a new twist. thanks for that info.

3
The Troubled Teen Industry / Re: Positive Control Systems (takedowns?)
« on: April 14, 2009, 03:21:10 AM »
in the states the ONLY exceptionable method of a hold on a child is the 5 point no presser hold. that is all LEO's or medical staff can do. it is considered safer than most (note ANY hold on a child classified as an individual under 18, still has the potential to be deadly.) safe. however it is a LAST RESORT. you first are to defuse the situation with words or just wear them down (keep talking till they get tired, etc... no hands on)  any hands on restraint may only be preformed by individuals who have take a class certified with the AMA or one that is certified by the pediatric doctors. that is the only way to do it legally. other wise it is considered a unusable restraint. hell when i took my EMT b we had to have at least 2 witnesses and 1 LEO there if we had to restrain a child.

4
that does not even have a lot of the sub cat's on it. i think at TB we had something like 160 main cat's 30 per section 1-5
and each one had at least 4 sub cats so it would be like a rule violation 101 sub cat a,b,c,or d. most wwasp schools had the same cat's so you figure each wwasp school had a total of 640 or so rules that you could get a cat for.

5
i would like to sit down with the staff at both SCL and TB just to ask to see their credentials. and what back ground they have other than the schools with working with children. also would like to ask about their background checks as well as medical training, both mental and physical. i would let the lack of training speak for itself into why they do such a shitty job of what they call "helping troubled youth".

6
MANLEY LAW FIRM
James A. Manley, Esq.
Ann L. Moderie, Esq.
201 Fourth Avenue East
Polson, Montana 59860
Telephone: (406) 883-6285








MONTANA TWENTIETH JUDICIAL DISTRICT COURT, SANDERS COUNTY

JUDITH NEWMAN, as Personal Representative )
of the Estate of Karlye Newman, ) Cause No. DV-06-164
)
Plaintiff, ) AMENDED
)
vs. ) COMPLAINT
)
SPRING CREEK LODGE ACADEMY; SPRING CREEK )
LODGE, LLC; SPRING CREEK LODGE, INC.; )
CAMERON PULLAN; CHAFFIN PULLAN; )
and JOHN DOES 1 through 20, )
)
Defendants. )
)
COMES NOW the Plaintiff, through her attorneys, and for a complaint against the Defendants, and each of them, states:
PARTIES

1. Plaintiff, Judith Newman, is the mother of Karlye Newman and the duly appointed and acting personal representative for the estate of Karlye Newman, deceased. Plaintiff brings this action on behalf of the estate and on behalf of the heir or heirs as defined by Montana wrongful death law.
2. Defendant Spring Creek Lodge, LLC, is or was at material times, a Montana Limited Liability Company. Defendant Spring Creek Lodge, Inc., is or was at material times, a Montana corporation. Said entities are or were at material times also known as Spring Creek Lodge and Spring Creek Lodge Academy (hereafter, these defendants are referred to as “Spring Creek”). Upon information and belief, Defendants Cameron Pullan and Chaffin Pullan are principal owners, directors, officers, managers or agents of the above entities, and are primarily responsible for the planning, supervision, and operation of the Spring Creek. Spring Creek is a boarding facility for minors children, located in Sanders County, Montana. This boarding facility is the principal business of the said legal entities.
3. John Does 1 through 5 are additional individuals, whose exact identities are not known at this time, who were responsible for the planning, supervision, management and/or operation of the Spring Creek John Does 6 through 20 are business entities, persons, or other legal entities, which were involved in the planning, supervision, management, operation, or profiting from the Spring Creek. Their exact identities are not known at this time. This Complaint will be amended under the appropriate rules, to specifically identify John Doe Defendants.
4. The Defendants are liable for their independent tortious conduct set forth below. In addition, Defendants are liable under the theory of respondiot superior, for vicarious liability for such injuries and damages which were caused by agents, employees or others under Defendants’ control, acting within the scope and course of their agency, employment, or control.
5. One or more of the Defendant legal entities, either specifically named or named as a John Doe Defendant, did not have actual separate existence, but operated as the alter ego of other Defendants. Said entities were used for unlawful or other purposes contrary to Montana public policy. The corporate liability shield or veil should be pierced as appropriate under the facts of this case.
6. Numerous Defendants engaged in joint tortious conduct, in causing the injuries and damages set forth below. Each of the said Defendants so acting is personally and legally liable for the injuries and damages caused by the other Defendants.


FACTS RELEVANT TO ALL COUNTS

1. Karlye Newman was born October 13, 1987. Karlye died October 7, 2004, at the age of 16.
2. At the time of Karlye’s death, she was a minor child in the physical care, custody, and control of Defendants.
3. At all material times, Defendants marketed and represented to the public that Spring Creek was a boarding school suitable for care, supervision, and benefit for teenagers who have problems of various kinds, including behavior, emotional and adjustment problems.
4. Defendants represented, lead or allowed the parents of such children to believe that Spring Creek would provide good quality care, supervision, training, education, living facilities, and medical and mental health care, and that the facility was run professionally and consistent with the best interests of the students. Defendants represented, lead or allowed such parents to believe that the Spring Creek had adequate and qualified teachers, supervisors, counselors and staff, and would provide necessary medical and psychological health care services as needed by the children in the care of Spring Creek. Defendants represented, lead or allowed such parents to believe that Spring Creek was designed and operated with the primary objective of benefitting the children in the care of the program.
5. Said representations are not true. The program was not designed or operated to provide quality or even adequate care or programs as marketed and sold. These facts were concealed from Karlye Newman, Judith Newman and the public generally.
6. Defendants planned and operated Spring Creek Lodge Academy in such a manner that physical, educational, mental or emotional harm was consistently and foreseeably caused to the children at Spring Creek, including Karlye Newman. The actions, omissions and conditions imposed by Defendants caused depression, despair, pain hopelessness, mental anguish and serious emotional distress to children at the facility, including Karlye Newman.
7. In 2004, Karlye Newman’s parents were concerned about Karlye, and investigated boarding schools to help her. Based on information provided by the Defendants, and by others the Defendants authorized and knew were engaged in marketing the Spring Creek boarding facility and program, Karlye and her parents were led to believe that placing Karlye at Spring Creek would be in Karlye’s best interests, and that Spring Creek would provide a healthy, safe placement for Karlye, where she could grow physically, emotionally and academically. Karlye’s parents signed a contract provided by Spring Creek, paid the substantial cost, and Karlye entered the program. Thereafter, according to the rules imposed by the program, Karlye was prevented from speaking with her parents. Her parents were dependant upon information supplied by Spring Creek..
8. Based on the information Defendants provided Karlye’s parents, they believed Karlye was progressing in a positive manner, that the program was benefitting Karlye, and that she was safe. In reliance, Karlye’s parents continued to pay significant sums to Defendants, agreed to allow Karlye to remain in the program, and agreed to allow Spring Creek to continue make decisions affecting Karlye’s health, safety and education.
9. In fact, Karlye was not progressing well, and was deteriorating physically, mentally and emotionally, as a result of the acts and omissions of Defendants and their agents. Karlye expressed self loathing, hatred of her life there, depression, and despair. Karlye began threatening suicide, and engaged in suicidal behaviors. Karlye’s depression worsened. She stated that she was going to kill herself. Karlye made statements indicating that she was afraid she could not control her behavior. Karlye begged to see a therapist before it was too late. Karlye became increasingly unstable, and kept expressing her intention . All of this was known, or should have been known, by Defendants. None of this was revealed to Karlye’s parents.
10. Despite such continuing statements and behavior, Defendants did not provide Karlye with the mental or physiological care she needed, never sought or conducted a competent suicide evaluation for Karlye, and failed to take appropriate steps to monitor, supervise, or protect Karlye.
11. On October 7, 2004, Karlye was missing for over an hour. Defendants made no attempt to look for her, or otherwise protect her. Karlye hanged herself in the bathroom of the dormitory where she lived. When a staff member found Karlye hanging, the untrained and unqualified staff member ran out in panic. Defendants failed to provide immediate and necessary aid which might have saved Karlye’s life.
COUNT I
WRONGFUL DEATH; MCA 27-1-513
1. Plaintiff repeats all paragraphs above.
2. Defendants were negligent:
A. For failure to adopt or implement policies and procedures adequate and necessary for the care and protection of children in their care, including Karlye Newman, whom they knew, or should have known, were emotional unstable.
B. For failure to adequately hire, train, and supervise staff, and other employees and agents, who were charged with the responsibility for care and protection of the children.
C. For implementing policies, procedures, and programs which foreseeable caused harm to the children in their care, including physical, mental and emotional harm.
D. For failure to adequately and properly evaluate the level of risk which Karlye Newman’s degenerating and unstable mental state presented to Karlye’s well being.
E. For failure to supervise and monitor Karlye and her condition.
F. For failure to adequately take action to save Karlye’s life.
G. For failure to provide Karlye with the physical, medical, and psychological help which she needed.
H. For failure to fully inform Karlye, and her parents, of the limitations and inadequacies of the facility, and failure to inform Karlye’s parents of her degenerating and dangerous mental condition.

1. At all material times before Karlye’s death, Karlye was in the physical custody, care and control of Defendants, and Defendants had the authority, duty and ability to get Karlye the help she needed, and otherwise protect her from harm.
2. The said acts and omissions of the Defendants were a legal cause of the injuries and death of Karlye Newman.
3. As a result of said negligence and harm, Karlye’s heir or heirs have suffered legal harm. The Court should assess damages against the Defendants, and each of them, in the full amount provided by Montana law for such injury and harm.
4. Defendants acted with actual malice and/or actual fraud as defined by MCA 27-1-221. Defendants, and each of them should be assessed punitive damages in a reasonable amount, sufficient to punish and educate these Defendants, and other persons or entities similarly situated, that such conduct will not be allowed by the Courts of Montana.

COUNT II
SURVIVORSHIP ACTION, MCA 27-1-501
NEGLIGENCE
1. Plaintiff repeats paragraphs 1 through 17 above.
2. Defendants were negligent, as set forth in paragraphs 18 through 23 above. Said negligence was a legal cause of serious physical, mental and emotional harm to Karlye Newman, prior to her death, and a legal cause of Karlye’s ultimate death.
3. After Karlye suffered such injury and harm, she lived for an appreciable period, sufficient to suffer physical pain and mental anguish and serious emotional distress.
4. As a result of such harm and injuries, Karlye Newman suffered compensatory damages.
5. Karlye Newman’s estate is entitled to judgment for all such compensatory damages allowed by Montana law.
6. Defendants acted with actual malice and/or actual fraud as defined by MCA 27-1-221. Defendants, and each of them should be assessed punitive damages in a reasonable amount, sufficient to punish and educate these Defendants, and other persons or entities similarly situated, that such conduct will not be allowed by the Courts of Montana.

COUNT III
SURVIVORSHIP ACTION, MCA 27-1-501
BREACH OF CONTRACT
1. Plaintiff repeats the allegations above in paragraphs
2. The contract was entered into between Defendant Spring Creek and Karlye Newman’s mother. The contract was made for the benefit of Karlye Newman, and Karlye Newman was the third party beneficiary thereof.
3. Defendants breached the contract as set forth above.
4. Karlye Newman was damaged as a result of said breach.
5. Karlye Newman’s estate is entitled to full compensatory damages to the extent allowed by Montana law, for such breach.
6. Said contract was an adhesion contract, and certain provisions in the contract are contrary to Montana law and/or Montana public policy. Such provisions are void, and should not be given effect by the Court.

COUNT IV
SURVIVORSHIP ACTION, MCA 27-1-501
CONSTRUCTIVE FRAUD, BREACH OF FIDUCIARY DUTY, AND BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING
1. Plaintiff repeats the allegations above in paragraphs 1 through 17.
2. While Karlye was in the care, custody, and control of Defendants and Spring Creek Lodge Academy, there was a fiduciary relationship between the parties. Defendants had fiduciary duties of utmost good faith, honesty, full disclosure and fair dealing in dealing with Karlye Newman, for her care, benefit, and protection.
3. In addition, “special circumstances” existed, as defined by Montana law. Defendants created a false impression concerning the true nature of the Spring Creek staff, program and facilities, and the risks presented to Karlye Newman thereby. Defendants failed to disclose relevant facts, and Karlye Newman and her mother reasonably relied to Karlye’s detriment on such misrepresentations and false impressions. If the true nature of the Spring Creek staff, program and facilities had been disclosed, Karlye Newman would not have been placed there.
4. Defendants breached said duties, as set forth above.
5. As a result of said breach, Karlye Newman suffered serious financial, physical, mental and emotional harm. Karlye Newman’s estate should be compensated therefore.
6. Defendants acted with actual malice and/or actual fraud as defined by MCA 27-1-221. Defendants, and each of them should be assessed punitive damages in a reasonable amount, and sufficient to educate these Defendants, and other persons or entities similarly situated, that such conduct will not be allowed by the Courts of Montana.

COUNT V
SURVIVORSHIP ACTION, MCA 27-1-501
DECEIT, MCA 27-1-712
1. Plaintiff repeats the allegations above in paragraphs
2. As set forth above, Defendants willfully deceived Karlye Newman and her mother and guardian, with the intent to induce them to alter Karlye’s position to her injury or risk.
3. Defendants’ actions constitute “deceit” as defined by one or more of the provisions of MCA 27-1-712(2)(a-e).
4. Defendants acted with actual malice and/or actual fraud as defined by MCA 27-1-221. Defendants, and each of them should be assessed punitive damages in a reasonable amount, sufficient to punish and educate these Defendants, and other persons or entities similarly situated, that such conduct will not be allowed by the Courts of Montana.


WHEREFORE Plaintiff prays for judgment against Defendants, and each of them, jointly and severally:

1. For all compensatory damages allowed by law;
2. For punitive damages in an appropriate amount;
3. For such other and further relief as the Court deems appropriate.

Respectfully submitted this day of , 2006.


_____________________________
James A. Manley
Attorney for Plaintiff

7
ok im a wwasp survivor. i work with the Red Cross as a co-chair to the local disaster action team, im on a search and rescue team, i am a local storm spotter for the local emergency management agency (known as NEMA Nebraska Emergency management agency,  prelude to FEMA activation.) i also am involved in our local NRC evac plans. i am taking FEMA  NIMS/ISP courses.

so how am i white trash what good do you do in this world? or are you just a money greedy bastard who just wants to feel better about yourself? how many people can you count that you have helped? i have helped with hurricane Katrina, as well as 2 other major natural disasters local disasters as well as 47 family fires. so again what good have you done for humanity?

8
BY BRIAN K. FINNICUM, EDITOR Monday, March 2, 2009 4:01 PM CST Darrington Academy, a private school for troubled teens in Blue Ridge, closed its doors Friday, a move that owner and headmaster Richard Darrington says is due to the current state of the economy.

Darrington said the income from the number of parents who could pay the school’s tuition no longer covered the school’s fixed costs. He said enrollment at the school had declined from 180 students two years ago to fewer than 90 now, and “at that point it became no longer possible to keep the doors open and the kids safe.”

The closing comes as a joint investigation of certain activities at the school is under way by the Fannin County Department of Family and Children Services, the Fannin County Sheriff’s Department and state regulatory officials.

Sheriff’s Department Investigator Diane Davis said the investigation has been under way for approximately three weeks, and was launched when she was contacted by DFCS officials in reference to reports they had received.

As part of that investigation, a search warrant was served on the school Feb. 13 where video surveillance cameras, computers and numerous files were confiscated.

Davis also said that as part of the investigation approximately 120 interviews were conducted of students and school staff with the assistance of DFCS investigators from surrounding counties.

Davis declined to release any particulars of the investigation as it is still in progress.

Although Darrington said the school’s closure was unrelated to the investigation, he said that the school had stopped accepting new enrollments after the investigation was launched, “exacerbating an already existing financial situation.

“We’re cooperating fully,” Darrington said of the investigation.

“I just want to see it resolved as soon as possible,” Darrington said.

http://http://www.thenewsobserver.com/articles/2009/03/03/news/news02.txt

9
Quote from: "FemanonFatal2.0"
Quote from: "try another castle"
Speaking for myself, I have no problem posting my plans.

1. Wake up at 2pm
2. feed cats
3. postpone shower for another day
4. have coffee and bagel
5. ???
6. Profit

you forgot "browse /b/ for horse porn"

teehee.


FF2 do we want to know where you got the horse porn idea?? now i really wonder about you.

10
Tufton wants educational/training facility for controversial Tranquility Bay camp

BY GARFIELD MYERS Editor-at-Large South/Central Bureau
Monday, February 23, 2009

TREASURE BEACH, St Elizabeth - Tranquility Bay, the controversial offshore reform school for rebellious children, mostly from the United States, closed its doors last month as a result of a fallout in business. The last 'inmate' reportedly left the island on January 5.

TUFTON... I have had discussions with him about exploring the possibility of using it for training.
Now, Member of Parliament for South West St Elizabeth Dr Christopher Tufton wants the government to acquire the facility and convert it into an educational/training institution.

Tufton told the Observer that he had approached the Education Minister Andrew Holness about the matter.
"I have had discussions with him (Holness) about exploring the possibility of using it (Tranquility Bay) for training," Tufton said last week.

The Tranquility Bay complex was controversially used for 12 years by the United States group World Wide Association of Speciality Programmes and Schools (WWASP) as a 'boot camp' for non-Jamaican teenagers until its closure early last month.

A comment by Holness over recent days at Spot Valley in St James that the ministry had identified premises in St Elizabeth as a site for the Education Ministry's proposed Alternative Student Intervention Programme for disruptive children, fuelled speculation in St Elizabeth that he was referring to Tranquility Bay.
Holness could not be reached for comment as the Observer went to press. But a ministry spokesman told the Observer that the minister's comment at Spot Valley was not related to Tranquility Bay in Treasure Beach, but to a facility further east on the St Elizabeth/Manchester border. The ministry spokesman said he had no knowledge of any plans for Tranquility Bay.

Mandeville businessman Tony James, whose family owns Tranquility Bay, told the Observer last week that the property was up for lease or sale.

Originally built 20 years ago by the James family, the Tranquility Bay complex cited on two and a half acres of beachfront land often referred to by locals as Old Wharf was originally used as a hotel - Old Wharf Hotel. It was leased for a period by the United States army before the Ken Kay-led WWASP took it over in 1997 as a privately-run educational reformatory targetting children - mainly from the United States - who were considered disruptive or indisciplined. Fees were said to have run from US$25,000 to $40,000 annually per child.

At it's height, Tranquility Bay, directed by Kay's son Jay Kay, was said to have had close to 300 children with as many as 250 people - mostly Jamaicans - on the employment roll. But allegations in the international media that children were psychologically, if not physically abused, and that living conditions were unsanitary and generally unsatisfactory, marred its name.

Business steadily declined in recent years and it was finally closed last month.
A few years ago the facility was slapped with a number of lawsuits from parents, with some claiming that the 'help' they had been promised with their rebellious teens had been extreme.

In 2001, the facility was again thrown into the spotlight after a 17-year-old Alabama teen jumped from a 35-foot-high balcony shortly after arrival. The police told the Observer then that the teen, who had arrived in the island the previous day, asked to be excused from her class in order to dispose of a piece of paper. She then reportedly ran through the door and jumped off a balcony to her death.

The teen, newspaper reports said, was awaken from her bed and taken to the island as her family had arranged her surprise removal to Tranquility Bay. The Constabulary Communication Network (CCN) officer for St Elizabeth later told the Observer that the post-mortem had found that the teen had died from head injuries received from her fall. Her skull, the CCN officer said, was fractured in two places. Bars were subsequently added to all balconies at the facility.

In addition, in 2005, two teenagers ran away from the facility after Hurricane Emily sideswiped the island. The students were later found with the help of the police and a private investigator.

11
Tufton wants educational/training facility for controversial Tranquility Bay camp

BY GARFIELD MYERS Editor-at-Large South/Central Bureau
Monday, February 23, 2009

TREASURE BEACH, St Elizabeth - Tranquility Bay, the controversial offshore reform school for rebellious children, mostly from the United States, closed its doors last month as a result of a fallout in business. The last 'inmate' reportedly left the island on January 5.

TUFTON... I have had discussions with him about exploring the possibility of using it for training.
Now, Member of Parliament for South West St Elizabeth Dr Christopher Tufton wants the government to acquire the facility and convert it into an educational/training institution.

Tufton told the Observer that he had approached the Education Minister Andrew Holness about the matter.
"I have had discussions with him (Holness) about exploring the possibility of using it (Tranquility Bay) for training," Tufton said last week.

The Tranquility Bay complex was controversially used for 12 years by the United States group World Wide Association of Speciality Programmes and Schools (WWASP) as a 'boot camp' for non-Jamaican teenagers until its closure early last month.

A comment by Holness over recent days at Spot Valley in St James that the ministry had identified premises in St Elizabeth as a site for the Education Ministry's proposed Alternative Student Intervention Programme for disruptive children, fuelled speculation in St Elizabeth that he was referring to Tranquility Bay.
Holness could not be reached for comment as the Observer went to press. But a ministry spokesman told the Observer that the minister's comment at Spot Valley was not related to Tranquility Bay in Treasure Beach, but to a facility further east on the St Elizabeth/Manchester border. The ministry spokesman said he had no knowledge of any plans for Tranquility Bay.

Mandeville businessman Tony James, whose family owns Tranquility Bay, told the Observer last week that the property was up for lease or sale.

Originally built 20 years ago by the James family, the Tranquility Bay complex cited on two and a half acres of beachfront land often referred to by locals as Old Wharf was originally used as a hotel - Old Wharf Hotel. It was leased for a period by the United States army before the Ken Kay-led WWASP took it over in 1997 as a privately-run educational reformatory targetting children - mainly from the United States - who were considered disruptive or indisciplined. Fees were said to have run from US$25,000 to $40,000 annually per child.

At it's height, Tranquility Bay, directed by Kay's son Jay Kay, was said to have had close to 300 children with as many as 250 people - mostly Jamaicans - on the employment roll. But allegations in the international media that children were psychologically, if not physically abused, and that living conditions were unsanitary and generally unsatisfactory, marred its name.

Business steadily declined in recent years and it was finally closed last month.
A few years ago the facility was slapped with a number of lawsuits from parents, with some claiming that the 'help' they had been promised with their rebellious teens had been extreme.

In 2001, the facility was again thrown into the spotlight after a 17-year-old Alabama teen jumped from a 35-foot-high balcony shortly after arrival. The police told the Observer then that the teen, who had arrived in the island the previous day, asked to be excused from her class in order to dispose of a piece of paper. She then reportedly ran through the door and jumped off a balcony to her death.

The teen, newspaper reports said, was awaken from her bed and taken to the island as her family had arranged her surprise removal to Tranquility Bay. The Constabulary Communication Network (CCN) officer for St Elizabeth later told the Observer that the post-mortem had found that the teen had died from head injuries received from her fall. Her skull, the CCN officer said, was fractured in two places. Bars were subsequently added to all balconies at the facility.

In addition, in 2005, two teenagers ran away from the facility after Hurricane Emily sideswiped the island. The students were later found with the help of the police and a private investigator.

12
News Items / Re: Boxer Seeks to Ratify UN treaty for more child rights
« on: February 25, 2009, 09:02:47 PM »
i would say that we should send her e-mails to say how much this would mean to us as well as others.


http://boxer.senate.gov/contact/email/policy.cfm

13
News Items / Boxer Seeks to Ratify UN treaty for more child rights
« on: February 25, 2009, 08:44:34 PM »
http://http://www.foxnews.com/politics/2009/02/25/boxer-seeks-ratify-treaty-erode-rights/



Sen. Barbara Boxer is urging the U.S. to ratify a United Nations measure meant to expand the rights of children, a move critics are calling a gross assault on parental rights that could rob the U.S. of sovereignty.

The California Democrat is pushing the Obama administration to review the U.N. Convention on the Rights of the Child, a nearly 20-year-old international agreement that has been foundering on American shores since it was signed by the Clinton administration in 1995 but never ratified.

Critics say the treaty, which creates "the right of the child to freedom of thought, conscience and religion" and outlaws the "arbitrary or unlawful interference with his or her privacy," intrudes on the family and strips parents of the power to raise their children without government interference.

Nearly every country in the world is party to it -- only the U.S. and Somalia are not -- but the convention has gained little support in the U.S. and never been sent to the Senate for ratification.

That could change soon.

Boxer has made clear her intent to revive the ratification process under the Obama administration, which may be amenable to the move. During a Senate confirmation hearing last month, Boxer said she considers it "a humiliation" that the U.S. is "standing with Somalia" in refusing to become party to the agreement, while 193 other nations have led the way.

The U.S. is already party to two optional pieces of the treaty regarding child soldiers and child prostitution and pornography, but has refused to sign on to the full agreement, something which has rankled members of Congress, including Vermont Sen. Bernie Sanders.

"Children deserve basic human rights ... and the convention protects children's rights by setting some standards here so that the most vulnerable people of society will be protected," Boxer said.

The convention has established a Committee on the Rights of the Child, an 18-member panel in Geneva composed of "persons of high moral character" who review the rights of children in nations that are party to the convention.

But legal experts say the convention does nothing to protect human rights abroad -- and that acceding to the convention would erode U.S. sovereignty.

Because of the Supremacy Clause in Article VI of the Constitution, all treaties are rendered "the supreme law of the land," superseding preexisting state and federal statutes. Any rights or laws established by the U.N. convention could then be argued to hold sway in the United States.

"To the extent that an outside body, a group of unaccountable so-called experts in Switzerland have a say over how children in America should be raised, educated and disciplined -- that is an erosion of American sovereignty," said Steven Groves, a fellow at the Heritage Foundation, a conservative think tank.

Parental rights groups are similarly stirred; they see in the U.N. convention a threat that the government will meddle with even the simplest freedoms to raise their children as they see fit.

"Whether you ground your kids for smoking marijuana, whether you take them to church, whether you let them go to junior prom, all of those things . . . will be the government's decision," said Michael Farris, president of ParentalRights.org. "It will affect every parent who's told their children to do the dishes."

Groves said that erosion has already begun, as the Supreme Court has referred to the wide acceptance of the child-rights law in conferring legal protections on minors in the U.S.

Justice Anthony Kennedy, writing the majority opinion in the 2005 decision banning the death penalty for minors, noted that "every country in the world has ratified [the convention] save for the United States and Somalia."

Proponents of the convention in the U.S. stress that it will help secure human rights abroad.

"Now, all you have to do is look around the world and see these girls that are having acid thrown in their face," Boxer said in January, implying that the U.S. refusal to come aboard has led to abuses elsewhere.

But when acceding to the convention, countries are able to sign so-called RUDs -- reservations, understandings and declarations -- that can hinder or negate responsibilities they would otherwise be bound to follow.

Most majority Muslim nations express reservations on all provisions of the convention that are incompatible with Islamic Sharia law, which takes much of the teeth out of the treaty. Acid attacks on girls continue in Afghanistan, which is already party to the convention.

The U.N. itself admits that there is no way for it to enforce its own laws and protect children.

"When it comes to signatories who violate the convention and/or its optional protocols -- there is no means to oblige states to fulfill their legal obligations," said Giorgia Passarelli, a spokeswoman for the U.N. High Commission on Human Rights, which oversees the child-rights body.

Passarelli said that the committee has kept a constant spotlight on rights violators and fed into decisions made by the Security Council, especially involving child soldiers. But even then, she added, such pressure does not always prevail.

Despite these obstacles, Boxer has made clear that she intends to ramp up pressure to get the treaty ratified, a passion that may be shared by the Obama administration.

During the Oct. 22, 2008, presidential youth debate, Obama promised to "review this and other treaties to ensure the United States resumes its global leadership in human rights."

During U.N. Ambassador Susan Rice's January confirmation hearing, Rice called the convention "a very important treaty and a noble cause," and said it was "a shame" for the U.S. to be in company with Somalia, which has no real government.

Rice told Boxer that "there can be no doubt that [President Obama] and Secretary Clinton and I share a commitment to the objectives of this treaty and will take it up as an early question," promising to review the treaty "to ensure that the United States is playing and resumes its global leadership role in human rights."

Boxer, who sits on the Senate Foreign Relations Committee, pushed for a 60-day timetable to review the convention and report back to the Senate -- which would have left the Obama administration a March 23 deadline to move toward ratification.

Rice politely sidestepped and refused to agree to the timeline.

"This is a complicated treaty, in many respects more than some others, given our system of federalism, and so we need to take a close look at how we manage the challenges of domestic implementation and what reservations and understandings might be appropriate in the context of ratification," she said.

Boxer's office, which ignored repeated calls and e-mails seeking comment, has not spelled out what if any reservations the senator would like to assert in ratifying the treaty. The State Department also refused to comment on timetables.

14
Open Free for All / Re: Psy spends all his time pretending he is in france
« on: February 24, 2009, 03:39:11 AM »
now that is a good run. are we still backing it up?

15
Thayer Learning Center / Re: Watchdog group scam
« on: February 18, 2009, 03:13:35 AM »
http://http://www.teenprogram.info

hard to leave a comment when there are no schools on it. man i wanted to say my 2 cents about SCL and TB. too bad they are not listed.

and i still cant find Dore Frances credentials. if you are reading this please post them. if you want mine just ask.

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