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Etc. What I'm Reading

Is Civility Important?

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News & Notes News and Notes

Leave Them Kids Alone

My favorite letter to the editor today. From jacksonville.com:

SAGGY PANTS

Leave kids alone
I’m probably going to be the sole dissenter concerning the article Monday about teen fashion of wearing pants low.

I am an adult with a college degree, and I feel that other adults are making far too big of a deal of this.

Yes, it looks ridiculous, but show me a single person who is harmed by it.

Every generation is going to have some fashion that is going to irritate their parents; from jazz music to long hair on guys in the 1960s and ’70s.

Yes, we need to set boundaries, but they need to be credible and meaningful ones, such as making kids do their school work, not letting them go out after curfew or making sure they are staying in school.

And crooks who do billions of dollars in damages often wear suits.

If you really want to see the fad die, stop making a big deal about it. It peaked 10 years ago anyway. All the hipsters are wearing skinny jeans.

I say let the kids express themselves.

Richard Jones,

Jacksonville

Read more at Jacksonville.com: http://jacksonville.com/opinion/letters-readers/2011-09-15/story/letters-readers-how-about-politicos#ixzz1Y7Cn5CKv

Emphasis ADDED.

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News & Notes

ACLU and Navy Vet Sue DCF Over Drug Testing

DCF Secretary David Wilkins

The Tampa Bay Online is reporting and my inbox was blowing up all night: the ACLU has filed suit against DCF Secretary Wilkins (in his official capacity of course) over the mandatory drug testing of TANF recipients.

The lawsuit was inevitable, but the big question on everybody’s lips today is: will they serve Wilkins at the Dependency Summit? Get your camera phones ready.

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News & Notes

How Often Does Florida DCF Get Sued and Lose Big?

View this document on Scribd

The numbers don’t match up and there’s no explanation of why. For example, there were 19 sex abuse cases, but only 17 perpetrators. I’d also like to see the cases they lost/settled under $15,000. If there are 200 of those, then that’s significant. I’d also like an explanation as to why risk outlays plummeted 66% in 2010. I don’t supposed it’s because DCF suddenly did 150% better than ever.

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Case Law Updates

A Small Pharmacy in Her Purse


Judge Jay P. Cohen - Florida 5th District Court of Appeals

On appeal, the mother argues that drug tests showing the use of drugs prescribed to her cannot support the conclusion that she failed to substantially comply with her case plan. Certainly, the legitimate use of prescribed medications should not lead to a parent’s loss of parental rights, but that is not the situation here. On multiple occasions, the mother possessed more medication, and in such a combination, as to belie any legitimate medical use. Additionally, she possessed unfilled prescriptions from several different physicians with dates close in time for the same medications. In short, this mother is the face of a problem of epidemic proportions—the obtaining of large quantities of prescription medications from numerous physicians.

T.K v. Department of Children and Families, — So.3d —-, 2011 WL 3861596 (Fla. 5th DCA 2011).

I could find no other TPR case involving addiction to prescription medication or doctor shopping. The only similar case was C.A. v. DCF, 27 So. 3d 241 (Fla. 4th DCA 2010), where a permanent guardianship order was reversed and the case remanded for immediate reunification after an independent doctor said that the mother’s medications were appropriately administered.  Obviously, these cases pose significant proof problems–the production of a single valid prescription usually negates any argument of misuse. It’s not every day, as in this case, where you find a parent carrying hundreds of pills in a purse.

But the policy proclamations and rhetoric in this opinion are interesting, including the footnote quote from Governor Scott stating that Florida is the epicenter of pill mills (he wasn’t too keen on doing anything about it, but that’s beside the point). Prescription drug addiction, which was previously a privilege of the rich, has become as available to the poor as fast food (using similar distribution models). And, as usual, the consequences for the same behaviors across classes is greatly disproportional. Cases beget cases, so look forward to future pill mill TPRs soon.

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News & Notes

Tweeting the Florida Dependency Summit #FLDS11

I wrote the organizers of the Florida Dependency Summit about whether there would be a promoted hashtag for the event. I’m still hoping for a response. Until then, I propose #FLDS11 as the tag. Tell your friends and followers!

From: Latham, Robert
Sent: Sat 8/27/2011 5:13 PM
To: ‘amyk@____’
Subject: summit on twitter?

Hi Amy,

I was wondering if the Summit planned on promoting a twitter hashtag so that participants can use it during the event?

-robert

 

 

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News & Notes

News and Notes: Teachers in MO, Children in France, Catholics in IL

  • The Missouri law banning teachers from communicating with students and ex-students via the internet is temporary blocked.  Via, Volkh.
  • France is struggling with a child’s right to know his or her parents. See, Les Enfants X: denied their true identity.
  • Court rules Illinois can stop contracting with Catholic organizations that will not adopt to gay couples. Via, First Amendment Law Prof.
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What I'm Reading

SSI ALJs Under Fire

Richard Pierce argues that Social Security Administration ALJs are not only irrationally leaking money from the public’s pocketbook, but are also blatantly unconstitutional under the appointments clause. See, What Should We Do About Administrative Law Judge Disability Decisionmaking? (SSRN).

 


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Uncategorized

Good Advice on a Wednesday Night

http://thingsweforget.blogspot.com
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Etc.

In the Academy

We had to say one thing we were proud of and the others had to practice being supportive and congratulatory. The turn came to me. I said, “This is hard, I’ve been raised not to brag about myself.”

He, on tenure track, laughed: “Haha, you’ll never make it in the academy.”

I laughed back, “That’s a relief, because I never intended to.”