Wednesday, July 20, 2016

Proposed Changes To CPS

BY AMANDA WEBER/NEWS 4 SAN ANTONIOTUESDAY, JULY 12TH 2016

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Proposed changes to Child Protective Services

BY AMANDA WEBER/NEWS 4 SAN ANTONIOTUESDAY, JULY 12TH 2016



Proposed changes to Child Protective Services

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Commissioner Hank Whitman has been on the job with the Department of Family and Protective Services for just two months. Tuesday he laid out a ten point plan he says will change the future of the Texas Child Welfare System.

The Children's Shelter of San Antonio provided foster home care last year for 291 children ranging in age from infant to 18 years.

"90 percent of children taken out of the homes is provided care by places like children's shelter," said President and CEO of The Children's Shelter, Annette Rodriguez.

Annette Rodriguez, President and CEO of The Children's Shelter says a ten point plan laid out by Department of Family and Protective Services Commissioner Hank Whitman directly affects their organization. In the plan, Whitman mentions emphasizing care for high needs children. Children who have suffered trauma and mental illness.

"The Children's Shelter offers therapeutic care, a residential treatment center for children who need more structure in a therapeutic environment to help them heal," said Rodriguez.

Senator Jose Menendez says the work load placed on CPS case workers is the issue that needs to be tackled first, he says some case workers have as many as 70 to 85 cases a month when the recommended case load is closer to 12.

"How do they see 70 to 85 cases a month and have a good knowledge of what is going on? That is where the focus needs to be," said Senator Jose Menendez

He adds experienced employees who can help new employees acclimate to a high stress, demanding job would also result in a stronger organization.

"If we could stabilize the agency, somehow and say, turn over has slowed to a normal rate, we are bringing more people on board, and now we are having some experienced case workers being able to help the young ones or the new ones," said Menedez

Rodriguez says the plan is realistic, she is optimistic for the future of so many children in need.

"I do think they are reasonable goals and again, I think he is looking at some of the most critical elements that are facing him today, I don't think they are the only things, there are probably other things that need to be looked at as well," said Rodriguez.

http://gov.texas.gov/news/press-release/22496




http://news4sanantonio.com/news/local/proposed-changes-to-child-protective-services

CPS reform must start with boosting pay

Express-News Editorial Board

 |on July 19, 2016

Recently, Henry “Hank” Whitman, the new head ofTexas Department of Family and Protective Services, outlined a 10-point plan to improve Child Protective Services.

The plan was explained in a letter to Gov. Greg Abbott, and it has many merits, particularly its focus on supporting front-line workers and holding agency leadership accountable. A retired chief of the Texas Rangers, Whitman’s law enforcement background is an intriguing match with an agency that primarily provides social work. But to truly improve CPS, Whitman and Abbott need to advocate for significantly better pay for agency workers. It starts there, and without a dramatic improvement in pay, other reforms will have little or no impact.

Why focus on pay first? Because CPS has an extremely high turnover rate, and that high turnover rate leads to extremely high caseloads for existing workers. High caseloads endanger kids. If the state of Texas wants to reduce turnover at CPS, and in turn, reduce caseloads, it will need to dramatically raise salaries for investigators and caseworkers.

In public comments, Whitman has been supportive of improving pay for CPS workers down in the trenches, but he has yet to offer specifics. In an interview with the Texas Tribune, he acknowledged the stress and dangers CPS workers face on a daily basis, and how their pay pales in comparison to those of police officers and teachers.

“Would you take a job on that’s as important as this, wake up in the morning, visit how many homes?” he said to the Tribune. “You have a family you have to take care of, you’ve got to make sure you do the right thing and make the right decisions out there — for a pay that’s less than a schoolteacher’s pay, less than a police officer’s pay.”

This is a point F. Scott McCown, a law professor and director of the Children’s Rights Clinic at the University of Texas at Austin, made in recent testimony to Texas lawmakers, noting the free market is telling lawmakers to boost pay.

He’s right. Beyond having a passion to ensure vulnerable kids are safe, why would anyone take a job at CPS? That person could make more money, with less stress and danger, as a teacher working nine months out of the year. That likely means raising the starting salary for a caseworker to the ballpark area of $50,000.

Doing this right will cost hundreds of millions of dollars. But not doing it right has costs, too. If lawmakers go cheap on agency pay raises, they will be throwing good money away because there won’t be enough incentive for workers to stay. It’s worth noting that it costs taxpayers $54,000 each time a caseworker leaves the agency, according to recent a review of the agency.

The problems facing CPS are daunting. We have a foster care system so broken it often damages the kids it’s supposed to serve and protect. Funding for preventing abuse is negligible, and notably, prevention was the last point in Whitman’s 10-point plan. That seems like it should be at or near the top of the list.

No one expects Child Protective Services to be fixed right away. Fighting for better pay as a way to reduce turnover and caseloads would create a foundation for future success.

MySanAntonio.com

Saturday, July 16, 2016

What Every Parent Should Know App


posted from Bloggeroid

What Every Parent Should Know App

What every parent should know app

13-3401 Definitions

-3401.  Definitions

In this chapter, unless the context otherwise requires:
1.  "Administer" means to apply, inject or facilitate the inhalation or ingestion of a substance to the body of a person.
2.  "Amidone" means any substance identified chemically as (4‑4‑diphenyl‑6‑dimethylamine‑heptanone‑3), or any salt of such substance, by whatever trade name designated.
3.  "Board" means the Arizona state board of pharmacy.
4.  "Cannabis" means the following substances under whatever names they may be designated:
(a)  The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin.  Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
(b)  Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
5.  "Coca leaves" means cocaine, its optical isomers and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine or substances from which cocaine or ecgonine may be synthesized or made.
6.  "Dangerous drug" means the following by whatever official, common, usual, chemical or trade name designated:
(a)  Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i)  Alpha-ethyltryptamine.
(ii)  Alpha-methyltryptamine.
(iii)  (2-aminopropyl) benzofuran (APB).
(iv)  (2-aminopropyl)-2, 3-dihydrobenzofuran (APDB).
(v)  Aminorex.
(vi)  4-bromo-2, 5-dimethoxyphenethylamine.
(vii)  4‑bromo‑2, 5‑dimethoxyamphetamine.
(viii)  Bufotenine.
(ix)  [3-(3-carbamoylphenyl)phenyl]N-cyclohexyl carbamate (URB-597).
(x)  Diethyltryptamine.
(xi)  2, 5‑dimethoxyamphetamine.
(xii)  Dimethyltryptamine.
(xiii)  5-methoxy-alpha-methyltryptamine.
(xiv)  5‑methoxy‑3, 4‑methylenedioxyamphetamine.
(xv)  4‑methyl‑2, 5‑dimethoxyamphetamine.
(xvi)  Ibogaine.
(xvii)  Lysergic acid amide.
(xviii)  Lysergic acid diethylamide.
(xix)  Mescaline.
(xx)  4-methoxyamphetamine.
(xxi)  Methoxymethylenedioxyamphetamine (MMDA).

(xxii)  Methylenedioxyamphetamine (MDA).

(xxiii)  3, 4‑methylenedioxymethamphetamine.

(xxiv)  3, 4‑methylenedioxy‑N‑ethylamphetamine.

(xxv)  N‑ethyl‑3‑piperidyl benzilate (JB‑318).

(xxvi)  N‑hydroxy‑3, 4‑methylenedioxyamphetamine.

(xxvii)  N‑methyl‑3‑piperidyl benzilate (JB‑336).

(xxviii)  N-methyltryptamine mimetic substances that are any substances derived from N-methyltryptamine by any substitution at the nitrogen, any substitution at the indole ring, any substitution at the alpha carbon, any substitution at the beta carbon or any combination of the above.  N‑methyltryptamine mimetic substances do not include melatonin (5-methoxy-n-acetyltryptamine).  Substances in the N-methyltryptamine generic definition include AcO-DMT, Baeocystine, Bromo-DALT, DiPT, DMT, DPT, HO-DET, HO-DiPT, HO-DMT, HO-DPT, HO-MET, MeO-DALT, MeO-DET, MeO-DiPT, MeO-DMT, MeO-DPT, MeO‑NMT, MET, NMT and Norbufotenin.

(xxix)  N‑(1‑phenylcyclohexyl) ethylamine (PCE).

(xxx)  Nabilone.

(xxxi)  1‑(1‑phenylcyclohexyl) pyrrolidine (PHP).

(xxxii)  1‑(1‑(2‑thienyl)‑cyclohexyl) piperidine (TCP).

(xxxiii)  1‑(1‑(2‑thienyl)‑cyclohexyl) pyrrolidine.

(xxxiv)  Para‑methoxyamphetamine (PMA).

(xxxv)  Psilacetin.

(xxxvi)  Psilocybin.

(xxxvii)  Psilocyn.

(xxxviii)  Synhexyl.

(xxxix)  Trifluoromethylphenylpiperazine (TFMPP).

(xl)  Trimethoxyamphetamine (TMA).

(xli)  1-pentyl-3-(naphthoyl)indole (JWH-018 and isomers).

(xlii)  1-butyl-3-(naphthoyl)indole (JWH-073 and isomers).

(xliii)  1-hexyl-3-(naphthoyl)indole (JWH-019 and isomers).

(xliv)  1-pentyl-3-(4-chloro naphthoyl)indole (JWH-398 and isomers).

(xlv)  1-(2-(4-(morpholinyl)ethyl))-3-(naphthoyl)indole (JWH-200 and isomers).

(xlvi)  1-pentyl-3-(methoxyphenylacetyl)indole (JWH-250 and isomers).

(xlvii)  (2-methyl-1-propyl-1H-indol-3-YL)-1-naphthalenyl-methanone (JWH‑015 and isomers).

(xlviii)  (6AR, 10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan2-YL)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol) (HU-210).

(xlix)  5-(1,1-dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol

(CP 47,497 and isomers).

(l)  5-(1,1-dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol

(cannabicyclohexanol, CP-47,497 C8 homologue and isomers).

(b)  Any material, compound, mixture or preparation that contains any quantity of cannabimimetic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation.  For the purposes of this subdivision, "cannabimimetic substances" means any substances within the following structural classes:

(i)  2‑(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent. Substances in the 2‑(3‑hydroxycyclohexyl)phenol generic definition include CP‑47,497, CP‑47,497 C8-Homolog, CP‑55,940 and CP‑56,667.

(ii)  3-(naphthoyl)indole or 3-(naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent.  Substances in the 3-(naphthoyl)indole generic definition include AM-678, AM-2201, JWH-004, JWH-007, JWH-009, JWH‑015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-046, JWH-047, JWH-048, JWH‑049, JWH-050, JWH-070, JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH‑080, JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH‑122, JWH-148, JWH-149, JWH-175, JWH-180, JWH-181, JWH-182, JWH-184, JWH‑185, JWH-189, JWH-192, JWH-193, JWH-194, JWH-195, JWH-196, JWH-197, JWH‑199, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234, JWH-235, JWH‑236, JWH-239, JWH-240, JWH-241, JWH-242, JWH-262, JWH-386, JWH-387, JWH‑394, JWH-395, JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH‑414 and JWH-415.

(iii)  3-(naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. Substances in the 3-(naphthoyl)pyrrole generic definition include JWH-030, JWH-145, JWH-146, JWH-147, JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH‑246, JWH-292, JWH-293, JWH-307, JWH-308, JWH-346, JWH-348, JWH-363, JWH‑364, JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373 and JWH-392.

(iv)  1-(naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent. Substances in the 1-(naphthylmethylene)indene generic definition include JWH‑176.

(v)  3-(phenylacetyl)indole or 3-(benzoyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. Substances in the 3-(phenylacetyl)indole generic definition include AM-694, AM‑2233, JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH‑205, JWH‑206, JWH‑207, JWH-208, JWH-209, JWH-237, JWH-248, JWH-250, JWH‑251, JWH‑253, JWH‑302, JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH‑312, JWH‑313, JWH‑314, JWH-315, JWH-316, RCS-4, RCS‑8, SR‑18 and SR‑19.

(vi)  3‑(cyclopropylmethanone) indole or 3-(cyclobutylmethanone) indole or 3‑(cyclopentylmethanone) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent.   Substances in the 3‑(cyclopropylmethanone) indole generic definition include UR‑144, fluoro‑UR‑144 and XLR‑11.

(vii)  3‑adamantoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent.  Substances in the 3-adamantoylindole generic definition include AB‑001.

(viii)  N-(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent.  Substances in the N-(adamantyl)-indole-3-carboxamide generic definition include SDB-001.

(ix)  Indazole-3-carboxamide with substitution at a nitrogen atom of the indazole ring, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the nitrogen of the carboxamide to any extent.  Substances in the indazole‑3‑carboxamide generic definition include AKB-48, fluoro‑AKB-48, APINACA, AB‑PINACA and AB‑FUBINACA.

(x)  8-quinolinyl-indole-3-carboxylate by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the quinoline ring to any extent.  Substances in the 8-quinolinyl-indole-3-carboxylate generic definition include PB-22 and fluoro-PB-22.

(c)  Any material, compound, mixture or preparation that contains any quantity of the following substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers having a potential for abuse associated with a stimulant effect on the central nervous system:

(i)  Alpha-pyrrolidinobutiophenone (Alpha-PBP).

(ii)  Alpha-pyrrolidinopropiophenone (Alpha-PPP).

(iii)  Alpha-pyrrolidinovalerophenone (Alpha-PVP).

(iv)  Alpha-pyrrolidinovalerothiophenone (Alpha-PVT).

(v)  Aminoindane mimetic substances that are derived from aminoindane by any substitution at the indane ring, replacement of the amino group with another N group or any combination of the above.  Substances in the amino
http://www.azleg.state.az.us/ar

Can I use medical marijuana and own a gun?

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ARIZONA

Arizona marijuana laws: 12 things you need to know

Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore



AP

Marijuana growing in the home of two medical marijuana patients in Medford, Ore.

There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.

IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?

The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.

However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.

CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?

A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.

It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.

"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.

"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."

CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?

Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.

CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?

No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."

Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.



AZCENTRAL

After felony charge, ASU student appeals medical-marijuana ban on campus

CAN I USE MEDICAL MARIJUANA AND OWN A GUN?

“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.

Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.



Login

ARIZONA

Arizona marijuana laws: 12 things you need to know

Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore



AP

Marijuana growing in the home of two medical marijuana patients in Medford, Ore.

There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.

IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?

The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.

However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.

CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?

A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.

It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.

"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.

"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."

CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?

Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.

CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?

No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."

Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.



AZCENTRAL

After felony charge, ASU student appeals medical-marijuana ban on campus

CAN I USE MEDICAL MARIJUANA AND OWN A GUN?

“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.

Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.



Login

ARIZONA

Arizona marijuana laws: 12 things you need to know

Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore



AP

Marijuana growing in the home of two medical marijuana patients in Medford, Ore.

There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.

IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?

The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.

However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.

CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?

A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.

It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.

"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.

"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."

CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?

Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.

CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?

No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."

Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.



AZCENTRAL

After felony charge, ASU student appeals medical-marijuana ban on campus

CAN I USE MEDICAL MARIJUANA AND OWN A GUN?

“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.

Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.

http://www.azcentral.com/story/news/local/arizona/2015/12/14/arizona-marijuana-laws-facts-myths/75481296/

Arizona Medical Marijuana

IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:

1. “ALLOWABLE AMOUNT OF MARIJUANA”
(a) WITH RESPECT TO A QUALIFYING PATIENT, THE “ALLOWABLE AMOUNT OF MARIJUANA” MEANS:
(i) TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA; AND
(ii) IF THE QUALIFYING PATIENT’S REGISTRY IDENTIFICATION CARD STATES THAT THE QUALIFYING PATIENT IS AUTHORIZED TO CULTIVATE MARIJUANA, TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY EXCEPT THAT THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED, LOCKED FACILITY IF THE PLANTS ARE BEING TRANSPORTED BECAUSE THE QUALIFYING PATIENT IS MOVING.

(b) WITH RESPECT TO A DESIGNATED CAREGIVER, THE “ALLOWABLE AMOUNT OF MARIJUANA” FOR EACH PATIENT ASSISTED BY THE?DESIGNATED CAREGIVER UNDER THIS CHAPTER MEANS:
(i) TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA; AND
(ii) IF THE DESIGNATED CAREGIVER’S REGISTRY IDENTIFICATION CARD PROVIDES THAT THE DESIGNATED CAREGIVER IS AUTHORIZED?TO CULTIVATE MARIJUANA, TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY EXCEPT THAT THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED, LOCKED FACILITY IF THE PLANTS ARE BEING TRANSPORTED BECAUSE THE DESIGNATED CAREGIVER IS MOVING.

(c) MARIJUANA THAT IS INCIDENTAL TO MEDICAL USE, BUT IS NOT USABLE MARIJUANA AS DEFINED IN THIS CHAPTER, SHALL NOT BE COUNTED TOWARD A QUALIFYING PATIENT’S OR DESIGNATED CAREGIVER’S ALLOWABLE AMOUNT OF MARIJUANA.

2. “CARDHOLDER” MEANS A QUALIFYING PATIENT, A DESIGNATED CAREGIVER OR A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT WHO HAS BEEN ISSUED AND POSSESSES A VALID REGISTRY IDENTIFICATION CARD.

3. “DEBILITATING MEDICAL CONDITION” MEANS ONE OR MORE OF THE FOLLOWING:
(a) CANCER, GLAUCOMA, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS, ACQUIRED IMMUNE DEFICIENCY SYNDROME, HEPATITIS C, AMYOTROPHIC LATERAL SCLEROSIS, CROHN’S DISEASE, AGITATION OF ALZHEIMER’S DISEASE OR THE TREATMENT OF THESE CONDITIONS.
(b) A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION OR ITS TREATMENT THAT PRODUCES ONE OR MORE OF THE FOLLOWING: CACHEXIA OR WASTING SYNDROME; SEVERE AND CHRONIC PAIN; SEVERE NAUSEA; SEIZURES, INCLUDING THOSE CHARACTERISTIC OF EPILEPSY; OR SEVERE AND PERSISTENT MUSCLE SPASMS, INCLUDING THOSE CHARACTERISTIC OF MULTIPLE SCLEROSIS.
More > (PDF)

Arizona Medical Marijuana Qualification

Who Qualifies for Medicinal Marijuana in Arizona

Arizona Medical Marijuana Qualifications
On November 2, 2010, Arizona Proposition 203 (AKA the Arizona Medical Marijuana Act) was approved by 50.13% of voters. Proposition 203 removes state-level criminal penalties on the use and possession of medical marijuana (also referred to as medical weed, medical pot or medical cannabis) by qualifying patients who obtain a recommendation from an Arizona licensed physician and register with the Arizona Department of Health Services (ADHS). The law requires the ADHS to establish a registration and renewal application system for patients and nonprofit dispensaries, as well as a web-based verification system for law enforcement and dispensaries to verify registry identification cards. As the law is in its infancy, this system is still in the process of being established.

Read the full text of the Arizona Proposition 203 here.

HOW TO QUALIFY FOR MEDICAL MARIJUANA IN ARIZONA

1. Must be a resident of Arizona.

2. Obtain an authenticated, written certification from a doctor of medicine, doctor of osteopathic medicine, naturopathic physician or homeopathic physician licensed in the state of Arizona that states that you have been diagnosed with a debilitating condition and that you would likely receive benefit from marijuana Patients can find a medical marijuana doctor in Arizona here.

3. Note: You may be required to bring a copy of your medical records to your marijuana evaluation appointment, indicating diagnosis of a qualifying condition as listed below. Learn how to request your medical records.

4. Once you have received your marijuana recommendation, you must register with the Arizona Department of Health Services to obtain a Medical Marijuana card.

WHAT AILMENTS CAN BE TREATED WITH MEDICAL CANNABIS IN ARIZONA?

Patients in Arizona diagnosed with the following illnesses are afforded legal protection under Proposition 203:

Cancer, glaucoma or positive status for the human immunodeficiency virus, Hepatitis C, Amyotrophic lateral sclerosis (Lou Gehrig’s disease), Crohn’s disease, agitation of Alzheimer’s disease or the treatment of these conditions, ORA chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.

MEDICAL MARIJUANA ACCESS IN ARIZONA

Some medical marijuana patients will claim they have a doctor’s prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, medical marijuana physicians will supply patients with a medical marijuana recommendation in compliance with state law.

Cultivation and possession limits: Qualified patients or their caregivers may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. The law allows the certification of a number of non-profit dispensaries not to exceed 10% of the number of pharmacies in the state (which would be about 124). If the patient lives more than 25 miles from the nearest dispensary, the patient or caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility.

Notice: ADHS suspended the dispensary portion of the Medical Marijuana Act until the end of a lawsuit. Before filling out your application, you may want to consider whether or not you will need a caregiver and you may want to request to cultivate or designate a caregiver during the application process. Please note that if you choose to designate a caregiver for this purpose, you as a patient cannot also cultivate. Once you have designated a caregiver, the caregiver application process must also be completed. The designated caregiver application can be completed at: http://www.azdhs.gov/medicalmarijuana/caregivers/index.htm. Please take special note of caregiver-specific application instructions.

HOW TO CONTACT THE ARIZONA DEPARTMENT OF HEALTH SERVICES

Arizona Department of Health Services
150 N. 18th Avenue
Phoenix, AZ 85007
(602) 542-1025
(602) 542-0883 Fax

Arizona Medical Marijuana

Arizona Medical Marijuana Laws, Arizona Medical Marijuana Qualifications and General Arizona Marijuana Information
The State of Arizona has a legalized medical marijuana program, which allows legal medical marijuana patients to receive a marijuana recommendation from a certified physician, apply for a State-issued Arizona Medical Marijuana ID Card, and grow and/or purchase marijuana for medicinal use per state guidelines. We have compiled the following index of medical marijuana information in Arizona to serve as a legal library to our users for legal reference of Arizona’s laws and guidelines regarding Medical Cannabis.

Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Arizona’s medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under “legal states”.
Since the Arizona medical marijuana program is still changing their laws and new Arizona medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Arizona medical marijuana program.
Please click a corresponding link to find out more about your Arizona’s Medical Marijuana Program.

ARIZONA QUALIFICATION

Find out Who Qualifies for Marijuana in Arizona in our definitive guide of Arizona’s qualification guidelines. Read up on medical conditions that are covered under Arizona’s medical marijuana program, age restrictions, criminal conviction restrictions, and more.

ARIZONA MEDICAL MARIJUANA LAWS

Read Arizona’s Full Medical Marijuana Laws to gain full specific knowledge of Arizona’s exact legal guidelines without interpretation. We suggest that you print Arizona’s Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into Arizona’s laws for his knowledge.

ARIZONA MEDICAL MARIJUANA CARD

Find out how to obtain a{n} Arizona Medical Marijuana Card with our guide to Arizona’s state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know Arizona’s requirements.

Friday, July 15, 2016

Arizona Drug Laws

Penalty Details

Possession

Possession for personal use of less than 2 pounds of marijuana is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

Possession for personal use of 2-4 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

Possession for personal use of more than 4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds LEGALIZE drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

See

Arizona REV. STAT. § 13-3401 Web SearchArizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT. § 13-821 Web Search

Sale

The sale, or possessing for sale, of less than 2 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.

The sale, or possessing for sale, of between 2-4 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

The sale, or possessing for sale, of more than 4 pounds of marijuana is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

See

Arizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search

Manufacture/Cultivation

Producing less than 2 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.

Producing between 2-4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

Producing more than 4 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

See

Arizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search

Trafficking

Bringing less than 2 pounds of marijuana into AZ is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.

Bringing 2 pounds or more of marijuana into AZ is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

See

Arizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search

Hash & Concentrates

In AZ, hashish and concentrates are Schedule I narcotic drugs listed as "Cannabis." "Cannabis" is classified in Arizona as "The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin ... and every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol."

See

Arizona REV. STAT. § 13-3401(20)(w) Web SearchArizona REV. STAT. § 13-3401(4)(a)-(b) Web Search

Knowingly possessing or using a narcotic drug is a class 4 felony, punishable by a minimum of 1 year imprisonment, a maximum of 3 years in prison, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Knowingly possessing a narcotic drug for sale is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Knowingly possessing the equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug is a class 3 felony, punishable by a minimum of 2 years imprisonment, a maximum of 7 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Manufacturing a narcotic drug is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

Transporting a narcotic drug into the state is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.

See

Arizona REV. STAT. § 13-3408 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search

Paraphernalia

Any possession of drug paraphernalia, as well as advertising for the sale of drug paraphernalia, is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.

See

Arizona REV. STAT. § 13-3415 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search

Miscellaneous

Employing a minor in the commission of a drug offense, being convicted of a prior felony, or committing a drug offense in a school zone, lead to an increased sentence.

See

Arizona REV. STAT. § 13-3409 Web SearchArizona REV. STAT. § 13-3410 Web SearchArizona REV. STAT. § 13-3411 Web SearchArizona REV. STAT. § 13-703 Web Search

Class 6 Felony; Designation

If convicted of any Class 6 felony not involving a dangerous offense and if the court is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a Class 1 misdemeanor, or may place the defendant on probation in accordance with chapter 9 of this title. This does not apply to any person who stands convicted of a Class 6 felony and who has previously been convicted of two or more felonies.

See

Arizona Rev. Stat. § 13-604 Web Search

Fines

A class 1 misdemeanor fine shall not be more than $2500. The minimum fine for a first time drug offense is $1000. For a second or subsequent offense there shall be a fine of at least $2000.

See

Arizona REV. STAT. § 13-802 Web SearchArizona REV. STAT. § 13-821 Web Search

CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

MEDICAL MARIJUANA

This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.


http://norml.org/laws/item/arizona-penalties

Thursday, July 14, 2016

Child abuse reports ignored by Rockbridge social services, report finds

By Laurence Hammack laurence.hammack@roanoke.com 981-3239| Posted Yesterday

Reports of child abuse and neglect did not just fall through the cracks at the Rockbridge Area Department of Social Services, an internal review has found. Some of the reports were fed into a paper shredder, never to be investigated by the agency.

Of the 41 problems identified in the damning review, “of utmost concern” was evidence that a former department supervisor shredded reports before they could go to the Child Protective Services unit for assessment.

The former supervisor is not named in the report. Susan Reese, head of the social services’ Piedmont Regional Office, which conducted the review, declined to comment on the reasons for the supervisor’s departure.

But Reese confirmed that the director of the Rockbridge agency, Meredith Downey, announced her retirement during the inquiry.

Other problems cited in the report include slow responses to emergency calls, missed deadlines, altered documents and low staff morale — which many employees attributed to “an atmosphere of bullying, harassment and intimidation” by the unnamed former supervisor.

The report cites one case in which a child later died.

Earlier this year, an infant was assessed by the agency as “high risk” in an unfit home. “But no services were offered,” the report stated. In April, the 3-month-old girl was rushed to Carilion Stonewall Jackson Hospital in Lexington, where she was pronounced dead on arrival.

Police are investigating both the death and the actions taken by the department in that and other cases.

“We’re looking at it from all angles,” said Capt. Tony McFaddin of the Rockbridge County Sheriff’s Office.

For years, members of the sheriff’s office have been troubled by the social services department, which serves Rockbridge County and the cities of Lexington and Buena Vista. “We felt that in some cases they weren’t providing the services that we felt they should have been providing,” McFaddin said.

It was the fatality that finally spurred action.

After the sheriff’s office began to investigate the infant’s death, it ran into a stone wall with the former supervisor, who refused to assign a Child Protective Services worker to the case, according to the report.

The sheriff’s office complained to the Piedmont Regional Office, which urged the local department to get involved. But later, the former supervisor would not share the results of the agency’s investigation with law enforcement, according to the report.

That prompted two more calls by sheriff’s investigators to the regional office. Those calls — combined with complaints from within the department and other state agencies — prompted the regional office to expedite a review of the entire social services department in Rockbridge.

“It’s very concerning,” Reese said of the three-month review, which was completed in May.

The regional office, located in Roanoke, has sent a specialist to the Rockbridge department to help work through the problems.

“Some of the findings were very severe, and that’s why we’re looking at this very closely,” Reese said.

According to the report, the former supervisor would sometimes direct her staff not to respond to emergency calls, saying that it was “too late in the day” and that law enforcement could handle the reports of children in troubled situations.

“Services workers indicated that they used personal cellphones to keep in touch with community partners (i.e. law enforcement) because the Supervisor discourages communication and working relationships,” the report stated.

“Workers stated that sometimes they are so concerned about some cases, they offer services in secret.”

In addition to surveying the 30-some employees at the Rockbridge office, the regional office also examined its caseload numbers, which raised another red flag.

During a year-long period that ended March 1, the agency received 271 reports of alleged abuse or neglect of children. A little more than half — 158— were “screened out,” or determined not to be worthy of investigation.

“That was an extremely high number of screen-outs,” Reese said.

Of those 158 cases, investigators took a more detailed look at a sample of 30 case files. In 12 of those cases, they found that the allegations — such as sexual abuse or physical assault — were of the type that state law requires a closer look at by social services.

While all of the 271 reports examined by investigators were entered into the department’s records, it remains unclear how many other case summaries might have been shredded, Reese said,

No evidence remains of those cases, which were never logged into the department’s computer system. But investigators determined that the shredding happened based on reports from other employees, who had kept copies of the documents before giving them to the former supervisor, according to the report.

Why the documents were shredded remains a mystery.

“I could not speculate on that, because we have heard no reason for this being done,” Reese said.

It does not appear that Child Protective Services staff was overburdened. With an average of nine cases a month referred for further investigation, “this should not be a difficult standard to meet,” the report stated.

In nearly all of the cases, the former supervisor served as the gateway for a case to get to an investigator. The high number of cases that didn’t make the cut appears to be just one reason for low morale among rank-and-file workers in the agency.

“It is concerning that a majority of the employees … reported during interviews and/or written survey comments that the ... Supervisor fosters and atmosphere of ‘bullying,’ ‘harassment’ and ‘intimidation,’ the report stated.

Some workers said they were so afraid of encountering their boss in the department’s kitchen area that they constructed a makeshift kitchen for themselves in a storage room.

Complaints to the agency’s director fell on deaf ears, the report stated, which only worsened morale. Efforts to reach the now-retired director, Downey, were unsuccessful on Wednesday.

It was in that kind of environment that a 3-month-old infant received no follow-up care from the social services department, even after it deemed her to be living in a “high risk” home. Although documents in that case were not shredded, it remains unclear why the case did not receive more attention from social services until after the girl died.

Police were notified after the infant was taken to the emergency room.

After pronouncing the girl dead, doctors found discoloration around her face and mouth that indicated she might have been lying face-down for a prolonged period of time, according to a search warrant filed in Rockbridge County Circuit Court.

A man and woman who were caring for the child gave conflicting accounts of how long the infant had been sleeping and when she was found unresponsive, the warrant stated.

In seeking permission to search the home, an investigator wrote in the warrant that the house was extremely dirty “and also appears to have been a danger to the child’s health.”

No charges have been filed in the case. McFaddin, of the sheriff’s office, said investigators are waiting for the results of an autopsy.

And while the sheriff’s office is also looking into the operations of the social services department, McFaddin said there’s been a noticeable improvement since the shakeup at the top.

“Now, since the regional office has gotten involved, our relationship with social services is on the mend, and we still have a good relationship with them,” he said.

Reese also believes that the department is turning a corner.

“The staff that are there are really dedicated, and they want to do the right thing,” she said. “They want to offer their best to the community, and they’re very dedicated to doing that.”

http://m.roanoke.com/news/virginia/child-abuse-reports-ignored-by-rockbridge-social-services-report-finds/article_47320fbb-d32d-5c28-aa57-e8b327d7c289.html?mode=jqm

Proposed Changes To CPS

BY AMANDA WEBER/NEWS 4 SAN ANTONIOTUESDAY, JULY 12TH 2016





Commissioner Hank Whitman has been on the job with the Department of Family and Protective Services for just two months. Tuesday he laid out a ten point plan he says will change the future of the Texas Child Welfare System.

The Children's Shelter of San Antonio provided foster home care last year for 291 children ranging in age from infant to 18 years.

"90 percent of children taken out of the homes is provided care by places like children's shelter," said President and CEO of The Children's Shelter, Annette Rodriguez.

Annette Rodriguez, President and CEO of The Children's Shelter says a ten point plan laid out by Department of Family and Protective Services Commissioner Hank Whitman directly affects their organization. In the plan, Whitman mentions emphasizing care for high needs children. Children who have suffered trauma and mental illness.

"The Children's Shelter offers therapeutic care, a residential treatment center for children who need more structure in a therapeutic environment to help them heal," said Rodriguez.

Senator Jose Menendez says the work load placed on CPS case workers is the issue that needs to be tackled first, he says some case workers have as many as 70 to 85 cases a month when the recommended case load is closer to 12.

"How do they see 70 to 85 cases a month and have a good knowledge of what is going on? That is where the focus needs to be," said Senator Jose Menendez

He adds experienced employees who can help new employees acclimate to a high stress, demanding job would also result in a stronger organization.

"If we could stabilize the agency, somehow and say, turn over has slowed to a normal rate, we are bringing more people on board, and now we are having some experienced case workers being able to help the young ones or the new ones," said Menedez

Rodriguez says the plan is realistic, she is optimistic for the future of so many children in need.

"I do think they are reasonable goals and again, I think he is looking at some of the most critical elements that are facing him today, I don't think they are the only things, there are probably other things that need to be looked at as well," said Rodriguez.

http://gov.texas.gov/news/press-release/22496

component-story-more_m

Tuesday, July 12, 2016

Drug Testing For CPS

1923.2 Diluted Samples Obtained During Testing

CPS June 2010

A diluted sample indicates that a client drank a large amount of water at some time before the drug test.

When the lab indicates that a sample is diluted, the caseworker can take one the following actions to arrive at a conclusion about the client's use:

  •  Have the client retested

  •  Request a different type of testing, such as requesting a hair follicle test instead of a urine test

  •  Rely on credible evidence obtained through observation, information from collateral sources (such as a teacher, neighbor, or family doctor), and the case history

1923.3 Instant (Swab) Tests and Court Hearings

CPS June 2010

An instant test is a swabbing of a client's oral fluids. The test is performed by a caseworker to test for recent drug use. If possible, the test results are confirmed by a laboratory.

Using the Tests in Court

Before presenting the results of instant swab tests as evidence in court, the caseworker mustobtain confirmation from a laboratory.

1923.4 Using Acceptable Contractors to Obtain Test Results

CPS June 2010

DFPS accepts lab test results from physicians, hospitals, the legal system (such as the adult probation department), and providers of substance abuse treatment in order to assess safety and to assess the need for services and treatment.

1923.5 Frequency of Random Substance Abuse Testing

CPS June 2010

In general, the caseworker may conduct random drug tests when substance abuse laboratory testing is allowed under 1920Substance Abuse Testing; that is, when:

  •  a case is scheduled for closure;

  •  reunification of the child with his or her family is contemplated;

  •  there are changes in the parent's appearance, behavior, or affect;

  •  new information is received about possible substance abuse;

  •  the client has terminated substance abuse treatment;

  •  the client shows signs of returning to seeking and using drugs, including  associating with former friends and family members who use drugs; keeping drug paraphernalia in the home; or making statements minimizing or denying having a problem with drugs or alcohol;

  •  the client refuses to create a relapse safety plan (see 1966Developing a Safety Plan in Case a Client Relapses);

  •  the client minimizes or denies seeking and using drugs seeking and after test results come back positive;

  •  there are signs that abstinence is being threatened; for example, when a client increases the amount of alcohol consumed or begins to smoke cigarettes frequently to relieve anxiety;

  •  the client has made minimal or no effort to mitigate the substance abuse related problems that led to abuse and neglect;

  •  the client is not involved in substance abuse treatment or aftercare, even though it was recommended; and

  •  the regional substance abuse specialist recommends testing.

Hair Follicle Testing

The caseworker determines the frequency with which random hair follicle testing may be conducted, by following regional protocols.

1923.6 Situations Not Appropriate for Drug Testing

CPS June 2010

It is not appropriate for a caseworker to arrange for drug testing when a parent is:

  •  actively involved in substance abuse treatment and the treatment provider conducts random testing that is based on laboratory confirmation.

  •  randomly tested by another entity, such as a probation department or drug court, and the test is confirmed by a laboratory. The caseworker must check into the frequency of testing by the other entity, before random testing is discontinued by CPS.

1923.7 Discontinuing Drug Testing

CPS June 2010

The caseworker must discuss with the supervisor and the client's treatment provider when contemplating discontinuing routine drug testing.

The discontinuation or modification of routine drug testing may be considered when:

  •  A parent does not exhibit substance seeking and using behaviors (for example, when associating with former friends or family members who use drugs; keeping drug paraphernalia in the home; or making statements minimizing or denying having a problem with drugs or alcohol); and

  •  The parent has a consistent pattern of negative tests results.

1923.8 Assessing Test Results or Accepting an Admission

CPS June 2010

Positive Result

The caseworker must assess a positive drug test result in relationship to the child's safety and risk. The result must be discussed with the parent in a timely manner.

If a parent with a positive drug result is not engaged in substance abuse treatment and is actively parenting a child, the caseworker refers the parent to:

  •  a provider of outreach, screening, assessment, and referral (OSAR) services or

  •  a provider of substance abuse treatment.

The threshold that makes a referral appropriate is based on the definition of a child not being safe. That is, a child is not safe when:

  •  threats or dangers exist in the family that are related to substance use;

  •  the child is vulnerable to such threats; and

  •  the parent who is using substances does not have sufficient protective capacities to manage or control threats.

Client Admission

A client's verbal or written admission is accepted as a positive result of drug use; however good casework practice calls for getting the client to sign a statement of use.

Testing to Rule Out Under-Reporting

If a client admits to drug use, is not engaged in treatment, and is actively parenting children, the caseworker may consider referring the client to a substance abuse provider for screening, assessment, or treatment.

Referral may be necessary because clients sometimes under-report drug use or do not admit to all of the substances that they have used.

Clients likewise may under-report:

  •  the frequency with which they use dugs,

  •  the quantity of drugs they use, and

  •  the amount of money they spend on the drugs.

Negative Result

When the result of a parent's drug test is negative, the caseworker:

  •  notifies the parent about the result in a timely manner; and

  •  encourages the parent's abstinence and provides positive feedback.

Refusal to Test

When testing is appropriate under1920 Substance Abuse Testing, but the client refuses to take a drug test, the caseworker must document the refusal to be tested.

If a parent refuses to take a drug test or refuses to allow a child who is an alleged perpetrator to be tested, the caseworker consults with the supervisor in a staffing meeting. The supervisor may recommend legal intervention, if the evidence raises concern for the child's safety.

For cases under court jurisdiction, the caseworker must notify the judge and attorneys about the client's refusal to test.

1923.9 Documenting Prescribed Medicine Before Offering Drug Testing

CPS June 2010

When testing is appropriate under 1920 Substance Abuse Testing, the caseworker must document any prescribed medication that the client is taking.

The documentation may be made by:

  •  completing a regional form; or

  •  entering the details in theContact Narrativein the IMPACT system.

The caseworker must share the information about the client's medication with the lab's medical review officer (MRO).

1924 Special Situations Related to Substance Abuse

1924.1 Methadone and Prescription Medication

CPS June 2010

Methadone

If the parent tests positive for methadone, the caseworker:

  •  obtains a release (Form 2062Word DocumentDFPS Release of Confidential Information to DSHS/Substance Abuse Services) from the parent;

  •  verifies with the methadone clinic, that the parent has a prescription for methadone and is taking methadone as prescribed; and

  •  assesses the effect that the methadone dosage has on the parent's ability to provide consistent and safe supervision of the children.

Prescription Medicine

Similar to methadone, the caseworker must assess the effect that prescription medications have on a parent's ability to provide supervision and to keep children safe.

To determine whether the client is taking his or her medication as prescribed, the caseworker must check with the client's medical provider.

For the caseworker to obtain the information from the medical provider, the client needs to sign a consent-to-release form (Form 2062Word DocumentDFPS Release of Confidential Information to DSHS/Substance Abuse Services).

If the client refuses to sign the release form, the caseworker consults with the supervisor about whether to request legal intervention.

http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_1923.asp






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Children Sleeping In CPS offices...

Texas
Published 07/12 2016 11:23AMUpdated 07/12 2016 11:39AM

AUSTIN, Texas (KXAN) — So far this year, nearly 600 kids were taken from their homes in Travis County due to abuse or neglect.

As of June 1, just under 1,100 kids are in the Texas foster care system in need of a home. State lawmakers are holding a hearing on Tuesday to discuss what can be done to improve the Department of Family and Protective Services.

Some local foster children are forced to eat, sleep, and shower in state office buildings because there aren’t enough homes to care for them. The hearing at the Capitol will focus on how to make Texas a safer place for foster children. Lawmakers will strategize how they can create an environment where the kids can grow up to be healthy, successful in school and ultimately stable adults.

Kate Murphy, a Senior Policy Advocate for Texans Care for Children, joined KXAN in studio to tell you what is being done to improve the lives of foster care kids.

“We are definitely starting to make progress,” said Murphy. “You hear about all of these tragedies, all of these sad stories, but we’re really working to make changes. There are some new program and pilot projects in place.”

According to Murphy, the primary need in Texas is for more case workers. National standards mandate that case workers see 17 kids each month; however, that is not the case in Texas.

“Right now our case workers are stretched so thin they’re trying to see like 30 kids a day, running all over town trying to protect the lives of 30 different kids,” said Murphy.

Tuesday, July 12 at 6 p.m., there is a meeting where you can learn how to become a foster parent. The meeting is at the Child Protective Services Office on 14000 Summit Drive near MoPac and Wells Branch in North Austin.

Murphy concluded saying, “The one thing that really makes a difference in the life of a kid who’s experienced the type of trauma that these kids have seen, is a stable caring adult in their life.”

Article from KXAN.com

Copyright 2016 Nexstar Broadcasting


http://www.bigcountryhomepage.com/news/main-news/children-sleeping-in-state-offices-due-to-foster-parent-shortage-in-texas

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Georgia DFCS launches child abuse registry

By Staff Reports

Fri, 01 Jul 2016, 10:06 AM




Bobby Cagle, director of the Division of Family and Children Services

The Division of Family and Children Services on Friday launched a registry allowing employers of certain child-serving agencies to find out if a job applicant was deemed an alleged child abuser by the division.

The central child abuse registry, called the Child Protective Services Information System, will include names of people who allegedly abused a child. The registry will only be accessible to certain child caring employers and agencies, allowing these employers to learn if an applicant has a substantiated allegation of abuse with the division.

“We need to make sure we are doing everything we can to keep children safe, especially while in the care of others. The creation of the registry will make sure child caring agencies have access to the information they need to make the best hiring and licensing decisions,” said Bobby Cagle, director of the Division of Family and Children Services.

After a law signed by Gov. Nathan Deal last year, DGCS was required to establish and maintain a central registry of all allegations of abuse substantiated by the division and to notify individuals of his or her placement on the registry and provide instructions on how to appeal the decision.

The employers/agencies allowed access to information on the registry include:

Child Protective Services investigators for the purpose of assessing specific allegations.

State or other government agencies responsible for providing care for children.

The Georgia Department of Early Care and Learning for the purpose of determining the fitness of employees in day care facilities and prior to issuance of a child care license.

Court Appointed Special Advocate programs for the purpose of screening and selecting individuals to serve as CASA employees or volunteers.

Individuals who want to request a self-check.

For more information visit:dfcs.dhs.georgia.gov/child-...



http://m.onlineathens.com/mobile/2016-07-01/georgia-dfcs-launches-child-abuse-registry#article=82256F4F16445FE56501281E976AFAFD2E31

Texas' foster care capacity keeps shrinking, as CPS loses its top child placement decision maker

Texas has a dearth of treatment beds available for the most disturbed of its foster children, and facilities keep closing or losing their state contracts. The situation complicates the state's response to a federal judge's scathing criticisms about shoddy care. Last spring, a 7-year-old read a book at a shelter in Dallas County run by Jonathan's Place, which also operates a residential treatment program for girls.

By Robert T. Garrett



Updated: 08 July 2016 11:00 AM

AUSTIN Just as Texas’ foster care capacity crunch keeps getting worse, Child Protective Services’ top decision maker on child placements is retiring.

Over a six-month period, officials have lost nearly 200 residential treatment center beds where they used to be able to place foster children with complex emotional and behavioral problems.

Experts said the closures or holds on adding children to the centers, plus the sudden retirement of CPS placement director Melanie Cleveland, will complicate the state’s efforts to respond to a federal judge’s scathing criticisms of Texas foster care.

Cleveland is in charge of managing placements and building more capacity, a nerve-wracking job she has held for less than a year.

Last week, Sinclair Children’s Center in Woodville announced it is voluntarily closing two residential operations in southeast Texas. As a result, CPS will have 53 fewer beds for abused and neglected children it has removed from their birth families.

Earlier in the year, the Department of Family and Protective Services took enforcement action against four other residential treatment centers, including two in the Panhandle, where a mass removal of seriously disturbed children drew criticism.

Responding to requests fromThe Dallas Morning News, the department acknowledged Thursday that in late January, it also refused to re-up the contracts of The Treehouse, a 25-bed facility in Conroe, and Avalon Center Inc., a 32-bed facility in the Central Texas town of Eddy, because of concerns about the quality of care.

For a time, the department suspended additional placements of children withCarter’s Kids Inc., a 60-bed treatment center in Richmond, citing deficiencies. Last week, though, it lifted the placement hold on the facility, saying conditions had improved. The center is run by former NFL player Tim Carter.

Last August, nearly 1,700 children were living in the centers. The already or soon-to-be shuttered centers would have been able to house about 12 percent of those children.

That comes on top of an existing bed shortage.Children again are sleeping in CPS offices because there is no available placement that’s suitable.

Residential treatment centers, especially, are not distributed well geographically to align with demand. For years, the department has noted there are many in and around Houston but relatively few in Dallas-Fort Worth.

The department is working on a formal study of the imbalances, which is due out this summer.

Officials acknowledge it’s increasingly hard to place children in their home community, especially in rural Texas. That’s partly because operators can refuse to take a child in CPS care.

“We don’t have any cushion,” said department spokesman Patrick Crimmins. “We don’t have any [centers] opening as these are closing.”

A bill being debated in Congress, the Families First Prevention Services Act, may be delaying foster care vendors from building new residential treatment centers, said Nancy Holman, who heads the Texas Alliance of Child and Family Services, which represents centers and child placing agencies. It would require accreditation and minimum staffing levels.

“That could be causing people to ... pause in expanding or opening new residentials,” she said. “Residentials are expensive to launch.”

The resignation of Cleveland, a 30-year “lifer” at CPS, comes at a very inauspicious time.

“Melanie has done a terrific job under very trying circumstances,” Crimmins said. “It's a really tough job, but she has been laser-focused on finding the right home for every child in foster care, regardless of the circumstances. In terms of her motivation for leaving, it was a strictly personal decision, nothing else.”

Cleveland’s last day will be July 27, she said in an email last week to her supervisor, CPS director of permanency Camille Gilliam.

“I will continue to pray for you all as you continue to fight the good fight,” she wrote.

In December, U.S. District Court Janis Graham Jack of Corpus Christi found, among other things, that Texas maintains an “inadequate placement array” in serving foster children. At any given time, the state has between 16,000 and 18,000 children in paid foster care. About 12,000 have been in state care for a year or more.

The lack of capacity is not new. Several years ago, officials and foster care vendors persuaded lawmakers to begin testing “foster care redesign,”which gives a super-contractor in a particular region responsibility for developing the right mix of institutional beds and family foster homes. But it’s had a troubled rollout and is operating only in Tarrant and several nearby counties.

Experts describe a fractious relationship between the department and the contractors on which it relies to house more than 90 percent of foster children. They say the Legislature has resisted increasing reimbursements to providers.

Meanwhile, private vendors can -- and often do -- refuse to accept “bouncers,” children who have been in state care for a long time and are troubled, traumatized and ill. The care for such children is  very costly.

On Feb. 1, the state removed 88 high-needs children -- many of them with autism and intellectual and developmental disabilities
from two treatment centers run by Children’s Hope in Lubbock and nearby Levelland. State officials  said they were shoddy, though a lawyer for the owner has disputed that assessment.

Initially, the department had no place to put the children. It spent $1.3 million housing them at shelters in San Antonio, 400 miles away, until treatment center beds or therapeutic foster homes could be found. Matthew Thigpen, a lawyer for Children’s Hope, said the transfers were unwarranted and greatly upset most of the children.

An investigation of the facilities is ongoing, Crimmins said.
http://www.dallasnews.com/news/politics/headlines/20160708-texas-foster-care-capacity-keeps-shrinking-as-cps-loses-its-top-child-placement-decision-maker.ece

Monday, July 11, 2016

App now available

http://app.appsgeyser.com/What%20Every%20Parent%20Should%20Know%20About%20CPS