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PER: Potchefstroomse Elektroniese Regsblad
versão On-line ISSN 1727-3781
PER vol.14 no.2 Potchefstroom Jan. 2011
"For the sake of the children": South African family relocation disputes
W Domingo
Wesahl Domingo. BSosc LLB LLM. Senior Law Lecturer, University of the Witwatersrand (firstname.lastname@example.com)
Decisions by primary caregiving parents to relocate after divorce, thereby disrupting the non-primary caregivers' right of contact with children or, where both parents have joint care, the denial of the other's parental rights and responsibilities to care, give rise to cases which deal with relocation disputes. My paper deals with the development of South African family jurisprudence in this area. Since the Children's Act does not provide any criteria for cases dealing with relocation I examine the different jurisprudential approaches/trends taken by our courts in dealing with relocation. I pave the way forward by making the argument that we need a general consistency in approach by our courts when dealing with relocation disputes. As our society becomes increasingly mobile, our courts will be faced with more frequent applications for local and international family relocations. I conclude by making the recommendation that despite the Children's Act, we still need "guidelines" or perhaps a "Relocation Act" which works in tandem with the Children's Act.
Keywords: Family relocation; care; contact; best interests of the child; Children's Act
Humpty dumpty sat on the wall, Humpty
Dumpty had a great fall all the kings horses
and all the kings men couldn't put Humpty
Dumpty together again!*
1 Introduction
"Like Humpty Dumpty a family once broken by divorce, cannot be put back together in precisely the same way."1 A decision by a primary caregiving parent to relocate after a divorce, thereby disrupting the non-primary caregiver's right of contact with the children in the marriage or, where both parents have joint care, the denial of the other's parental rights to care, raise the possibility of litigation involving relocation disputes.
The reasons sometimes given for relocating include matters such as the availability of attractive employment opportunities for either the primary caregiver or his/her spouse in the new location, a loss of confidence in the country's economy, the escalating crime rate, the availability of better education for the children, and the lack of a family support system wherever the family was initially situated. The parent who is going to be left behind often refuses to agree to the move. The primary caregiver then approaches the court to dispense with that guardian's consent. Relocation disputes are amongst the most difficult cases that courts have to deal with in family law matters.2
This contribution deals with the development of South African family jurisprudence in this area. I provide a general introduction contextualising the change in terminology as well as the conceptual paradigm shifts entailed in the operation of the Children's
Act.3 I begin by analysing the Children's Act in the context of family relocations. I then proceed to discuss the different jurisprudential approaches/trends taken by our courts. I pave the way forward by making the argument that we need a general consistency in approach by our courts when dealing with relocation disputes. Despite the existence of the Children's Act, we still need guidelines or perhaps a "Relocation Act" which works in tandem with the Children's Act.
In my contribution I will refer to the traditional custodial parent as the "primary caregiver" and the parent who has access (now contact) as the "non-primary caregiver." These labels of identification work well when one parent is awarded sole care. Labelling becomes unclear when we deal with parents who are awarded joint care. For convenience's sake and clarity, in the context of my discussion on relocation in this contribution, I will also refer to the parent wanting to relocate as the "relocating parent" and the parent who remains behind as the "non-relocating parent."4
2 The change in terminology and ideological paradigm shifts
In order to deal with the complexities of issues relating to relocation, I believe it is important to describe, very briefly, the new family law landscape introduced by the Children's Act. The Children's Act has not only introduced a change in terminology but has also introduced a shift in the way we think and conceptualise paradigms in family law. In the context of issues relating to relocation, the terms custody and access have been replaced with the terms care and contact respectively.
Care has a much wider ambit than custody. It means not only providing for the child's daily needs such as a safe home, food, education and love. It also includes promoting the well being of the child, maintaining a sound relationship with the child and, of paramount importance, attending to the best interests of the child. Both parents have these responsibilities and rights.5
The current paradigm seems to favour the practical and theoretical thrust in the direction of shared parental responsibility and rights. It is now more readily accepted that children have two primary attachments, which seems to deny the assumption that men are not prima facie nurturers and caretakers of their children.6 This flows into the idea that courts should grant joint care orders so that children maintain close bonds with both parents. Solomon's Wisdom, that children cannot be shared, is reinterpreted in the light of the conceptual framework of shared parenting in the following way:
[C]ommon references to the Biblical Solomon proposing to divide a baby across two women claiming to be the natural mother are used fallaciously to illustrate why shared parenting would not work. The dispute appears too intractable and the reader recoils at the connotations of a baby being cut in half to appease the two women. The message in this story has been distorted. In the story the true mother gives up her child rather than have it cut into two halves. This is analogous to the friendly parent concept. The point of Solomon's wisdom is the true mother's willingness to share and countenance the possibility of the other women being a potential parent.7
I believe that these ideological changes concerning parenting will have a profound impact on relocation. The post-divorce family unit has been lauded as the "binuclear family" by Professor Robert Oliphant.8 A binuclear family is defined as a large, interconnected family, with one household headed by the ex-wife and the other household headed by the ex-husband, with the child being a member of both.9 In the context of relocation disputes, parents who have joint care are able to demonstrate more clearly to the child the benefits of their relationship, to prevent relocation.10
3 Relocation and the Children's Act
According to section 9 of the Children's Act, "in all matters concerning the care, protection and well-being of a child the standard that the child's best interest is of paramount importance must be applied". Section 7 of the Act sets out a lengthy list of factors which courts need to take into account when determining the best interests of a child. These include the nature of the relationship between the child and parents;11 the attitude of the parents toward the child and to the exercise of parental responsibilities and rights in respect of that child;12 the likely effect on the child of changed circumstances such as separation from either or both parents;13 the need for the child to remain in the care of his or her parent, family or extended family and to maintain a connection with his or her culture or tradition;14 the child's age, maturity, stage of development, background, physical and emotional security and intellectual, emotional, social and cultural development;15 and the need of the child to be brought up within a stable environment.16
The general principle is that both parents retain guardianship of a child after the dissolution of a marriage unless the courts orders otherwise.17 Section 18 of the Children's Act sets out the responsibilities and rights that parents have in respect of their children. These include the responsibility and right to care for the child, to maintain contact with the child, to act as a guardian of the child; and to contribute to the maintenance of the child. Section 18(3)(c)(iii) and (iv) of the Children's Act states that the person acting as guardian must either grant or refuse consent to the child's departure or removal from the Republic and for the application of a passport.
An unmarried father can automatically acquire parental responsibilities and rights, which include the right to guardianship if he meets certain requirements set out in section 21(1)(a) and (b) of the Children's Act.18 If the unmarried father does not meet the section 21 requirements, in terms of section 22 of the Children's Act the mother and unmarried father may conclude a parental responsibilities and rights agreement which confers guardianship on the unmarried father. If no agreement can be reached the unmarried father can approach the High Court for a guardianship order. It must be stressed that unless the unmarried father has guardianship over the child, his consent for removing a child from South Africa will not be necessary.
Unfortunately, the Children's Act does not make provision for consent procedures for relocation. It is clear from section 18 that if a parent wishes to relocate outside of South Africa the consent of both parents is needed. However, with relocation within the borders of South Africa, the situation may technically be different.
The Children's Act, section 18(4), stipulates that co-holders of guardianship over a child can exercise their parental responsibilities and rights independently and without the consent of the other guardian's rights. This prima facie means that a parent, with whom the child permanently resides, can independently and without the consent of the other parent, decide to relocate with child within the country. However, section 6(5) of the Children's Act states that-
a child, having regard to his or her his age, maturity and stage of development, and a person who has parental responsibilities and rights in respect of that child, where appropriate, must be informed of any action or decision taken in a matter concerning the child which significantly affects the child.
Furthermore, section 31 of the Act stipulates that a co-holder of parental responsibilities and rights must consult and give consideration to the views of other co-holders of responsibilities and rights as well as the child when making decisions which are likely to change significantly or to have a significantly adverse effect on the co-holders exercise of parental responsibilities and rights in respect of the child. This would include decisions which affect contact between the child and parent, which would also include decisions to relocate to another city or province.
In the case Joubert v Joubert19 in the Cape High Court, Erasmus J considered some of the parental responsibilities and rights provisions in the Children's Act. With regard to the above sections the Court found that although the primary caregiver had to consult the other parent, who also has responsibilities and rights in respect of the child, this did not mean that the primary caregiver was bound to give effect to the views and wishes of the other parent. The court further held that a failure to give consideration to the views of the other parent and failure to inform the other parent did not render the decision by the primary caregiver void or invalid. However, failure to do this would render the decision subject to review.
4 The development of South African jurisprudence: approaches by our courts
Relocation is commonplace after divorce. Cases involving relocation are generally brought by women. However, there are more and more cases being brought by men. See for example the case of Jackson v Jackson20 where the father (a care-giver) wanted to relocate to Australia with his two daughters aged nine and seven, and MK v RK,21 where the father wished to relocate to Israel with his daughter. Most of the cases dealt with by our courts are relocations to another country. There is only one reported case to date which deals with a local relocation, from Johannesburg to Cape Town.22
Since the Children's Act does not set out any criteria for cases dealing with the issue of relocation, we still need to consider case law to determine the issues that need to be taken into account. Our courts have, over the years, not been in agreement with regard to the approach that should be taken when dealing with relocation applications. Different approaches seem to have been used, which could be thought of as amounting to two distinct approaches: the pro-relocation approach and the neutral approach.
4.1 The pro-relocation approach
With the pro-relocation approach, there is a general acceptance or, in some instances, a presumption in favour of the primary caregiver. The children are allowed to go with the primary care-giving parent wherever he or she chooses to live, unless it is necessary to restrain a relocation to prevent harm to the children.23 The nonrelocating parent would have to illustrate that this would clearly be detrimental to the children, otherwise relocation would be authorised. This is illustrated by the Van Rooyen v Van Rooyen24 case where King DJP held the following:
It is trite that the interests of the children are - all else being equal - best served by the maintenance of a regular relationship with both parents. Sadly, however, children of divorced parents do not live in an ideal familial world and the circumstances necessitate that the best must be done in the children's interests to structure a situation whereby access by the (non-primary caregiver) is curtailed but contact between him and the children is effectively preserved.
In Godbeer v Godbeer25 the court added something in greater accordance with the traditional approach. The court held that if the primary care-giving parent makes a decision to move and has given mature and rational thought to the matter, then the presumption is that the relocation is in the best interests of the child.26
In more recent judgments, as seen in Jackson v Jackson,27 our courts have favoured the pro-relocation approach, providing that the primary caregiver's decision to move should be shown to be reasonable and bona fide. The following legal principles regarding relocation were set out in the Jackson case:
It is trite that in matters of this kind the interests of the children are the first and paramount consideration. It is no doubt true that, generally speaking, where, following a divorce, the custodian parent wishes to emigrate, a Court will not lightly refuse leave for the children to be taken out of the country if the decision of the custodian parents is shown to be bona fide and reasonable. But this is not because of the so-called rights of the custodian parent; it is because, in most cases, even if the access by the non-custodian parent would be materially affected, it would not be in the interest of the children that the custodian parent be thwarted in his or her endeavour to emigrate in pursuance of a decision reasonably and genuinely taken. Indeed one can well imagine that in many situations such a refusal would inevitably result in bitterness and frustration which would adversely affect the children. But what must be stressed is that each case be decided on its own particular facts. No two cases are precisely the same and, while past decisions based on other facts may provide useful guidelines, they do no more that. By the same token, care should be taken not to elevate to rules of law dicta of judges made in the context of the peculiar facts and circumstances with which they were concerned.28
The court's rationale for affording special consideration to the primary caregiver's desire to relocate is explained in the minority judgment of Cloete AJA in Jackson:
The fact that a decision has been made by the custodian parent does not give rise to some sort of rebuttable presumption that such decisions is correct. The reason why a Court is reluctant to interfere with the decisions of a custodian parent is not only because the custodian parent may, as a matter of fact, be in a better position than the non-custodian parent in some cases to evaluate what is in the best interests of a child but, more importantly, because the parent who bears the primary responsibility of bringing up the child should as far as possible be left to do just that. It is, however, a constitutional imperative that the interests of children remain paramount. That is the "central and constant consideration".29
The court in Fv F30 echoed the same sentiments as in Jackson, that courts will not lightly interfere in the decisions of primary caregivers, but at the same time made the point that courts "must guard against too ready an assumption that the [primary caregivers] proposals are necessarily compatible with the child's welfare."31 The 2008 case MK v RK32 once again followed the Jackson decision. In order for the father to be successful in his application to immigrate to Israel, he had to show that his decision was both bona fide and reasonably and genuinely taken and that it was in the best interest of his daughter.
In AC v KC33 the court maintains its overall pro-relocation approach. To determine whether the decision by the primary caregiver (the mother) to relocate to Abu Dhabi, where she had secured employment, was reasonable or not, the court relied on the "reasonable person test." The test is to "think oneself into the shoes of the proverbial bonus paterfamilias or the reasonable man."34 The court held that the court a quo had adequately and holistically taken into account the section 7 factors determining the best interests of the child. Therefore the final question, objectively viewed, was whether or not the decision taken by the mother was one which a reasonable person would have taken.35 This view of the appeal court is incorrect, for the balancing of competing factors is not used to determine whether the decision by the primary caregiver is reasonable or not, but to ascertain whether it is in the best interests of the child or not.36 This case incorrectly allows the best interests of the mother to usurp the best interests of the child.
In most of these cases the argument for relocation is supported by Goldstein, Freud and Solnit's idea that the most important consideration is to preserve the relationship between the child and his/her "psychological parent," and that a primary care-giving parent should have the authority to raise the child as he or she sees fit without interference with that authority by the state or the non-primary caregiver. It must be noted that this idea resonates with the traditional notion of custody, as involving the sole right to exercise all aspects of parental authority to the exclusion of the other parent.37
Wallerstein, Brunch and Bowermaster (who are social scientists) also support the idea that in the issue of relocation the bond between the primary caregiver and the child is of primary concern.38 However, there are scientists who are critical of their assumptions, such as. Brunch and Bowermaster. Warshak, for example, argue that children need to maintain a relationship with both parents, and that the law should encourage both parents to remain in proximity to their children. However, Warshak recognises that the impact of relocation on children is dependent on several factors, and argues that there needs to be an individualised determination in each case of whether or not relocation should be supported.39
Arguments which support a presumption in favour of relocation risk conflating the best interests of the child with the interests of the primary caregiver, while arguments against relocation, although cloaked in the rhetoric of children's interests, are often about a non-primary caregiver's interest in remaining close to the child. All of these are legitimate interests. This means that to avoid these pitfalls, perhaps a neutral position needs to be adopted, which balances the interests of the parents and the child equally.
4.2 The neutral approach
In the neutral approach, there is neither a presumption in favour of or against relocation and a court applies a fresh inquiry into each case as it arises. In other words, the approach is to accept no presumptive right of either parent to move or block a move.40 On a case by case discretionary basis, a court needs to review a proposed move in terms of the child's welfare and interests.
In Cunningham v Pretorius,41 taking into account the new family law framework set out in the Children's Act Murphy J held that in deciding relocation disputes:42
What is required is that the court acquires an overall impression and brings a fair mind to the facts set up by the parties. The relevant facts, opinions and circumstances must be assessed in a balanced fashion and the court must render a finding of mixed fact and opinion, in the final analysis a structured value-judgment, about what it considers will be in the best interest of the child.
From the above it appears that both parents are placed on an equal footing and their interests are balanced fairly against the child's best interests. This accords with the neutral approach.
In the 2010 case of HG v CG43, the parents had joint care of their fourteen-year-old son and a set of eleven-year-old triplets (two boys and one girl). They lived in separate homes but in the same housing complex, so that the children would maintain close contact with both parents. The mother wanted to relocate to Dubai, as she had been retrenched and was planning on marrying a wealthy businessman who worked in Dubai.44
Unlike all the early cases mentioned above, which start off with the guiding legal principles set out in the Jackson case, Chetty J's guiding principles are the Constitution45 and the Children's Act.46 Interestingly, Chetty J does not make reference to any previous cases on relocation. The court instead relies heavily on the wishes of the children, who in this case were of sufficient age and maturity to express their views.47 This case illustrates that the trend taken by our courts more and more may be the neutral approach.
I believe that the neutral approach is more in line with the Children's Act. With the paradigm shift to the idea of shared parenting, the question has changed from being which parent the child will live with to how the child's time will be shared between the parents. There should be no presumption in favour of either the relocating parent or the non-relocating parent.
5 Factors considered by the courts in relocation applications
Given the lack of legislative guidelines to assist courts in making their relocation decisions, which are largely value-based, it is important to consider the factors that courts usually take into account. The following is a list of such factors arising from a consideration of some past relocation decisions.
5.1 The paramount consideration: 'the best interest of the child'
The best interest principle was applied in relocation cases even before the advent of the Constitution or the Children's Act.48 The traditional position favoured by our courts has been that it is generally considered to be in the best interest of the child to remain with the custodial parent. The court in Joubert v Joubert 49 held that the primary caregiver generally has the right to have the child with him/her. However, in F v F50 it was found that courts must not readily assume that the primary caregiver's proposals are necessarily compatible with the child's welfare. Different factors are considered in assessing what is in the best interests of the child, including the need to preserve a particular family unit of which that child is a part, and the advantages and disadvantages that the move will have for the child (whether or not he/she will suffer trauma if removed from one parent).
In B v M51 the court held the following in regard to the best interest principle:
A child's best interest is the pre-eminent consideration amongst all other considerations. However, the legislature did not intend the best interests of the child to be the sole or exclusive aspect to be considered because it did not prescribe that the child's best interests are the only factor to be considered or the sole determinant of the exercise of the court's discretion. The best interest principle is the paramount consideration within a hierarchy or concatenation of factors but is not always the only factor receiving consideration in matters concerning children.
In Cunningham v Pretorius52 the court held that it must be guided principally by the best interest of the child. Courts must carefully weigh and balance the reasonableness of the primary caregiver's decision to relocate, the practical and other considerations on which such a decision is based, the competing advantages and disadvantages of relocation, and finally how relocation will affect the child's relationship with the non-primary caregiver.53
5.2 The purpose of relocating
The motive for relocation must be genuine, reasonable and bona fide, and should not serve merely to frustrate the access rights of the other parent (or holder of parental rights and responsibilities). For example, in F v F54 the court found that the mother's plan to relocate to England was ill researched and unstructured. As a result her application was dismissed.
5.3 The interest of the relocating parent
In B v M the court found that South African judgments have explicitly accepted that married persons are and should be free to create their own lives, post divorce, unfettered by the needs or demands of their former spouses. The applicant's right to freedom of movement and family life is thus always a factor taken into account by the court. Satchwell J made the point that the message should not be sent out that primary caregivers are shackled to the other parent and that they lose their independent right to freedom of movement.55
5.4 The interests of the non-relocating parent
The court will consider if the applicant has taken into account the non-relocating parent's right of contact with the child and if a plan has been put in place to preserve the relationship of the child and the non-relocating parent. Social science studies reveal that "quality" and not "quantity" (the frequency of contact) impacts on the parent-child relationship.56
5.5 The relationship between the child(ren) and parents
The amount of time the child spends with each parent is also a fact considered by the court. Where parties share approximately the same amount of time with the children, relocation could have a more detrimental effect on the child and his/her relationship with the non-relocating parent.57
5.6 The gendered nature of the roles within the post-divorce family
In B v M the court took into account the gendered nature of the roles within the postdivorce family. It was noted that primary caregivers or custodial parents are most frequently mothers. A restriction on the freedom of movement of a primary caregiver would therefore impact more significantly upon women than men. Satchwell J stated that "careful consideration needs to be given to applying the best interest principle in a manner which does not create adverse effects on a discriminatory basis - in this case gender discrimination."58 In F v F the court was also sensitive to the issue of indirect gender discrimination. It held that "despite constitutional commitments to equality, the division of parenting roles in SA remains largely gender based. Because women are in many instances the custodial parent, the refusal of relocation applications impacts disproportionately upon them."59
I agree that the issue of relocation is inevitably and inescapably gendered. However, arguing about children's issues using the rhetoric of gender equality and discrimination leads quickly into dangerous waters. Maintenance is, after all, predominately a male obligation. Patterns of custody orders could also be regarded as discriminatory, as fathers are disproportionately the non-primary caregivers, but the issue is not whether outcomes disproportionately favour mothers or fathers. The issue should be whether courts are optimally promoting the well being of children.60 The child within a relocation dispute is to remain the focus, as gendered impacts exist everywhere in family law.
5.7 The views of the child
In appropriate circumstances, depending on the age and maturity of the child, the court will have regard to the views of the child regarding the proposed relocation. This is in line with the child's right to participate in decisions affecting the child (sections 10 and 31 of the Children's Act). When she wrote on relocation in her early works Wallerstein said that:61
Especially at the time of a contemplated move, the court should be responsive to the child's voice, amplifying it above the din of competing parents. Only in this way can it ascertain and respect "the best interests of the child."
In the HG v CG62 case the court stated that the Children's Act brought about a fundamental shift in the parent/child relationship and not only vested a child with certain rights but also gave the child the opportunity to participate in any decision affecting him or her. The court was enjoined by the Act to give due consideration to the views of the children in a case. In the present case the minor children were of an age and level of maturity (14 and 11 years of age) to make an informed decision, namely to preserve the status quo of joint care by both parents and to reject relocation to Dubai.
I believe that the views of children are important but courts need to be sensitive to the dangers of listening to children. Courts should be wary and not delude themselves into thinking that they are hearing a child's voice when in fact they may be receiving "a distorted broadcast laced with the static of a charged emotional atmosphere; or the voice may be delivering a script written by another; or it may reflect the desire to placate, take care of, or pledge loyalty to a parent."63
In the case of MK v RK64, the court dismissed the wishes of the child as being naïve and unrealistic. The young girl believed that relocation to Israel would take away all her "hurtful memories and solve all her problems."65 Roos AJ held that her wishes therefore could not be decisive.66
6 The way forward: legislative guidelines or a Relocation Act
We live in a global village and the world is becoming a smaller place. "In this ultra modern age children have become jet set international travelers, mobile telephone users and internet users par excellence."67 Countless young people, including young South Africans, live, study, work and travel regularly in foreign countries. This current crop of young globetrotters will undoubtedly start to become parents during the course of the next 10-15 years. Being internationally and locally mobile is second nature to this generation. It is easy to see then in the course of the next quarter of a century that applications for local and international family relocations will become more frequent.68
Relocation is not provided for in the Children's Act. There is an apparent gap in the law which needs to be filled in order to provide certainty and consistency in the way in which our courts deal with relocation disputes. It is for this reason that I believe that legislative guidelines governing relocation need to be added to the Children's Act or alternatively a Relocation Act needs to be introduced by Parliament.
6.1 Legislative guidelines
The relocation case law discussed above indicates that South African courts do not have a uniform approach to relocation disputes. Since we have entered a new phase in family law with the Children's Act, I believe it is the ideal time to recommend that legislative guidelines be implemented to assist courts in deciding relocation disputes. These guidelines will operate in tandem with the Children's Act.
On 23-25 March 2010, more than 50 judges and experts in family law from all over the world met in Washington, DC to discuss international family relocation. This meeting culminated in the release of the "Washington Declaration on International Family Relocation."69 South Africa can draw on their recommendations.
The declaration states that relocation determinations should be made without any presumptions for or against relocation. This accords with the neutral approach discussed earlier. In order to identify more clearly cases in which relocation should be granted or refused, and to promote a more uniform approach, they recommend that the exercise of judicial discretion should be guided in particular, but not exclusively, by the following factors, which are listed in no order of priority. The weight to be given to any one factor will vary from case to case, for example:70
a) the right of the child separated from one parent to maintain personal relations and direct contact with both parents on a regular basis in a manner consistent with the child's development, except if the contact is contrary to the child's best interest;
b) the views of the child having regard to the child's age and maturity;
c) the parties' proposals for the practical arrangements for relocation, including accommodation, schooling and employment;
d) where relevant to the determination of the outcome, the reasons for seeking or opposing the relocation;
e) any history of family violence or abuse, whether physical or psychological;
f) the history of the family and particularly the continuity and quality of past and current care and contact arrangements;
g) pre-existing (care) and (contact) determinations;
h) the impact of the refusal on the child, in the context of his or her extended family, education and social life, on the parties;
i) the nature of the inter-personal relationship and the commitment of the applicant to support and facilitate the relationship between the child and the respondent after the relocation;
j) the enforceability of contact provisions ordered as a condition of relocation in the State of destination;
k) issues of mobility for family members; and
l) any other circumstances deemed to be relevant by the judge.
In addition to the above guidelines, I also recommend that when our courts consider different proposals set forth by the parties, they need also to consider:
a) possible alternatives to the proposed relocation;
b) whether or not it is reasonable and practicable for the person opposing the application to move to be closer to the child if the relocation were to be permitted;71 and
c) whether or not the person who is opposing the relocation is willing and able to assume primary caring responsibility for the child if the person proposing to relocate chooses to do so without taking the child.72
The above factors reflect research findings concerning children's needs and developments in the context of relocation.73 They provide an ideal starting point to begin drafting South Africa's own guidelines when dealing with relocation disputes.
6.2 A Relocation Act
As society becomes increasingly mobile, our legislature will be confronted with the issue of introducing an Act dealing with the issue of relocation. Legislation dealing with relocation should deal, amongst other things, with the definition of relocation; objections to relocations (can parties other than primary care-givers object to the relocation?); factors to be considered;74 and the burden of proof (which party should bear the burden of proof with regard to these factors?).
The American Academy of Matrimonial Lawyers has developed a Model Relocation Act, which could provide South Africa with some guidance.75 The Model Relocation Act requires a sixty-day notice of change in the principal residence of a child, and permits the non-primary caregiver to object to the relocation. Relocation is defined as "a change in principal residence of the child for a period of sixty days or more, but does not include a temporary absence from the principal residence."76 A definition would be useful in South Africa in view of the fact that the Children's Act does not draw a distinction between "departure" and "removal."77
In addition, the legislation "should also govern the mediation process to be followed in respect of relocation disputes and provide guidelines as to how a parenting plan can best deal with such disputes should they arise."78
7 Conclusion
There was a time when the question of divorce was debated in terms of whether or not it might be better to stay in an unhappy relationship for the sake of the children.
Now the question raised by the relocation problem is if divorce means staying in close proximity to each other for the sake of the children.79 Having examined the jurisprudence of our courts in regard to relocation disputes, I believe that early case law reveals that our courts previously favoured the pro-relocation approach. If primary caregivers gave mature, rational thought and bona fide reasons for relocating then the presumption was that relocation was in the best interest of the child. Recent case law in the context of the Children's Act seems to be leaning towards a more neutral position, where neither parent should have a presumptive right to relocate or block relocation.
My recommendation is that either legislative guidelines or a Relocation Act that will provide greater certainty and consistency in relocation cases and which will work in tandem with the Children's Act should be introduced. This will aid not only courts when making decisions, but also parents in arguing their cases.
Like Humpty Dumpty a family, once broken by divorce, cannot be put back together in precisely the same way. That is the reality of divorce and post-divorce relocation cases. For the sake of the affected children, it is time that greater attention is paid to children themselves, by protecting the continuity of the child's relationship with both parents.
Albertus 2009 Speculum Juris Albertus L "Relocation disputes: Has the long and winding road come to an end? A South African Perspective" 2009 Speculum Juris 70-86 [ Links ]
Clark 2003 SALJ Clark B "Post-divorce relocation by a custodian parent: Are legislative guidelines for the exercise of judicial discretion desirable?" 2003 SALJ 80-89 [ Links ]
Glennon 2008 Utrecht Law Review Glennon T "Divided parents, shared children. Conflicting approaches to relocation disputes in the USA" 2008 Utrecht Law Review 55-72 [ Links ]
Opie and Opie Nursery Rhymes Opie I and Opie P The Oxford Dictionary of Nursery Rhymes 2nd ed (Oxford University Press Oxford 1997) [ Links ]
Parkinson 2006 FLQ Parkinson P "Family law and the indissolubility of parenthood" 2006 FLQ 237-280 [ Links ]
Scott 1992 CLR Scott ES "Pluralism, parental preference, and child custody" 1992 CLR 615-672 [ Links ]
Shared Parental Council of Australia 1998 Journal of the AAML Shared Parental Council of Australia "Perspectives on relocation of children" 1998 Journal of the American Academy of Matrimonial Lawyers 1-25 [ Links ]
Van Schalkwyk 2005 De Jure Van Schalkwyk LN 'The power of a custodial parent to remove the child from the Republic of South Africa after divorce' 2005 De Jure 332-352 [ Links ]
Wallerstein and Tanke 1996 FLQ Wallerstein JS and Tanke TJ "To move or not to move: Psychological and legal considerations in the relocation of children following divorce" 1996 FLQ 305-332 [ Links ]
Warshak 2003 Family Relations Warshak RA "Payoffs and pitfalls of listening to children" 2003 Family Relations 373-384 [ Links ]
Register of court cases
AC v KC A389/08 2008 ZAGPHC 369 16 June 2008 (unreported to date) [ Links ]
B v M 2006 3 All SA 109 (W) [ Links ]
Cunningham v Pretorius 31197/08 2008 ZAGPHC 258 21 August 2008 (unreported to date) [ Links ]
F v F 2006 3 SA 42 (SCA) [ Links ]
Godbeer v Godbeer 2000 3 SA 976 (W) [ Links ]
HG v CG 2010 3 SA 352 (ECP) [ Links ]
Jackson v Jackson 2002 2 SA 303 (SCA) [ Links ]
Joubert v Joubert 2008 JOL 219229 (C) (unreported to date) [ Links ]
MK v RK 17189/08 South Gauteng High Court (Johannesburg) 6 May 2009 (unreported to date) [ Links ]
Tropea v Tropea 665 NE 2d 145 (NY 1996) [ Links ]
Van Rooyen v Van Rooyen 1999 4 SA 435 (C) [ Links ]
Register of legislation
Children's Act 38 of 2005 [ Links ]
Constitution of the Republic of South Africa, 1996 [ Links ]
Register of internet sources
AAML 1998 http://www.aaml.org AAML 1998 American Academy of Matrimonial Lawyers Proposed Model Relocation Act: An Act relating to the relocation of the principal residence of a child http://www.aaml.org/i4a/pages/index.cfm/pageid=3325 [ [ Links ]date of use 8 Oct 2010]
Foley 2006 http://www.family-justice-council.org.uk Foley T 2006 International Child Relocation: Varying approaches among Member States to the 1980 Hague Convention on Child Abduction http://www.family-justice-council.org.uk/docs/International_Child_Relocation_research_paper.pdf [ [ Links ]date of use 12 Oct 2010]
Howard 2008 http://www.austlii.edu.au Howard P 2008 International relocation: A modern Australian perspective on the tyranny of distance http://www.austlii.edu.au/au/journals/FedJschol/2008/27.html [ [ Links ]date of use 12 Oct 2010]
List of abbreviations
|American Academy of Matrimonial Lawyers
|Californian Law Review
|Family Law Quarterly
|South African Law Journal
* Opie and Opie Nursery Rhymes 213-215.
1 Quote from the New York Court of Appeals in Tropea v Tropea 665 NE 2d 145 (NY 1996) in Van Schalkwyk 2005 De Jure 344.
2 Parkinson 2006 FLQ 255.
3 Children's Act 38 of 2008.
4 A full discussion on the philosophical underpinnings of the Children's Act is beyond the scope of this contribution.
5 Look at the definition of care in s 1 of the Children's Act.
6 Shared Parenting Council of Australia 1998 Journal of the AAML 3.
7 Shared Parenting Council of Australia 1998 Journal of the AAML 4.
8 Glennon 2008 Utrecht Law Review 66.
9 Glennon 2008 Utrecht Law Review 66.
10 Glennon 2008 Utrecht Law Review 66.
11 Section 7(1)(a).
12 Section 7(1)(b).
13 Section 7(1)(d).
14 Section 7(1)(f).
15 Section 7(1)(g)-(h).
16 Section 71(1)(k).
17 See ss 19 and 20 of the Children's Act 38 of 2008.
18 The section includes parties in a permanent life partnership, which includes parties in a civil union partnership.
19 Joubert v Joubert 2008 JOL 219229 (C) (unreported to date) para 35.
20 Jackson v Jackson 2002 2 SA 303 (SCA).
21 MK v RK 17189/08 South Gauteng High Court (Johannesburg) 6 May 2009 (unreported to date).
22 B vM 2006 3 All SA 109 (W).
23 Parkinson 2006 FLQ 255.
24 Van Rooyen v Van Rooyen 1999 4 SA 435 (C) 439G-H.
25 Godbeer v Godbeer 2000 3 SA 976 (W).
26 Godbeer v Godbeer 2000 3 SA 976 (W) 982C-983A.
27 Jackson v Jackson 2002 2 SA 303 (SCA).
28 Jackson v Jackson 2002 2 SA 303 (SCA) para 2. Emphasis added.
29 Jackson v Jackson 2002 2 SA 303 (SCA) para 34. Emphasis added.
30 F v F 2006 3 SA 42 (SCA).
31 F v F 2006 3 SA 42 (SCA) para 13.
32 MK v RK 17189/08 South Gauteng High Court (Johannesburg) 6 May 2009 (unreported to date).
33 AC v KC A389/08 2008 ZAGPHC 369 16 June 2008 (unreported to date).
34 AC v KC A389/08 2008 ZAGPHC 369 16 June 2008 (unreported to date) para 13.
35 AC v KC A389/08 2008 ZAGPHC 369 16 June 2008 (unreported to date) para 15.
36 Albertus 2009 Speculum Juris 78.
37 Parkinson 2006 FLQ 259.
38 Parkinson 2006 FLQ 260.
39 Warshak 2003 Family Relations 381.
40 Clark 2003 SALJ 87.
41 Cunningham v Pretorius 31187/08 2008 ZAGPHC 258 21 August 2008 (unreported to date).
42 Cunningham v Pretorius 31187/08 2008 ZAGPHC 258 21 August 2008 (unreported to date) para 9.
43 HG v CG 2010 3 SA 352 (ECP).
44 HG v CG 2010 3 SA 352 (ECP) paras 7-10.
45 Constitution of the Republic of South Africa, 1996 (hereafter the Constitution).
46 Sections 7, 10 and 31 referred to above.
47 HG v CG 2010 3 SA 352 (ECP) para 23.
48 Section 28(2) of the Constitution;s7 Children's Act 38 of 2008.
49 Joubert v Joubert 2008 JOL 219229 (C) (unreported to date) para 35.
50 F v F 2006 3 SA 42 (SCA).
51 B vM 2006 3 All SA 109 (W) para 146.
52 Cunningham v Pretorius 31187/08 2008 ZAGPHC 258 21 August 2008 (unreported to date).
53 Cunningham v Pretorius 31187/08 2008 ZAGPHC 258 21 August 2008 (unreported to date) para 5.
54 F v F 2006 3 SA 42 (SCA) para 158.
55 B vM 2006 3 All SA 109 (W) para 158.
56 Scott 1992 CLR 638.
57 See for example HG v CG 2010 3 SA 352 (ECP), where the parties had joint care and lived in the same complex. The children shared an equal amount of time with both parents.
58 B vM 2006 3 All SA 109 (W) para 162.
59 F v F 2006 3 SA 42 (SCA) para 12.
60 Parkinson 2006 FLQ 255.
61 Wallerstein and Tanke 1996 FLQ 323.
62 HG v CG 2010 3 SA 352 (ECP) para 6.
63 Warshak 2003 Family Relations 382.
64 MK v RK 17189/08 South Gauteng High Court (Johannesburg) 6 May 2009 (unreported to date) para 18.
65 MK v RK 17189/08 South Gauteng High Court (Johannesburg) 6 May 2009 (unreported to date).
66 MK v RK 17189/08 South Gauteng High Court (Johannesburg) 6 May 2009 (unreported to date).
67 Howard 2008 http://www.austlii.edu.au.
68 Howard 2008 http://www.austlii.edu.au.
69 This took place at the Hague Conference on Private International Law, hosted by the International Centre for Missing and Exploited Children, with the support of the United States Department of State (hereafter the Hague Conference on Private International Law).
70 Hague Conference on Private International Law. It is a a global inter-governmental organisation. that develops and services multilateral legal instruments, which respond to global needs. The official website of the Hague Conference on Private International Law is accessible at http://www.hcch.net.
71 For example, in MK v RK Case (MK v RK 17189/08 South Gauteng High Court (Johannesburg) 6 May 2009 (unreported to date)) the non-relocating parent (father) was willing to relocate if the relocation was within South Africa.
72 Foley 2006 http://www.family-justice-council.org.uk.
73 Hague Conference on Private International Law.
74 See the factors listed above.
75 AAML 1998 http://www..aaml.org.
76 AAML 1998 http://www..aaml.org.
77 See s 18(c)(iii) Children's Act 38 of 2008.
78 Albertus 2009 Speculum Juris 85.
79 See Parkinson 2006 FLQ 265.


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Illnesses like COPD, multiple sclerosis, HIV, heart disease, or cancer can require advanced care during treatment and in late stages of the diseases. Many people prefer to be at home during these times instead of in medical care facility but the advanced care that is required can make this difficult. It can also place a great deal of stress on family caregivers. Home Palliative care is treatment at home that focuses solely on relieving pain and other symptoms, making it possible to stay home.
Most research on palliative care is focused on people with cancer. Researchers from the Cochrane Database wanted to see if home-based palliative care can help those with a variety of severe illnesses to successfully stay home. The review, published in the Cochrane Library, found that home palliative in patients with severe or advanced diseases was associated with reduced burden and increased likelihood of dying at home instead of in a medical facility.
About the Study
The systematic review included 23 randomized or controlled trials with a total of 37,561 adults with advanced illness and 4,042 family caregivers. Patients received home-palliative care or usual care which may have included care in long term medical facility, hospital care, or hospice care. Researchers collected information about patients symptom control, quality of life, and stress on family caregivers as well as whether the patients died at home or in a medical facility.
Patients that received home-palliative care were more than twice as likely to be able to die at home than those who had usual care. In addition, home-palliative care was associated with better symptom control in 3 trials with 2,107 patients. There was no increase in family caregiver burden with home-palliative care compared to usual care.
How Does This Affect You?
Systematic reviews pool several smaller, similar trials. This large pool increases the probability that the outcomes are true, however, the review is only as reliable as the studies that are included. In this case, the trials included in the systematic review were randomized trials which are considered very reliable.
Not all who wanted to remain at home were able to do so. There are many factors to consider with the care of advanced illnesses including management of symptoms to keep the person as comfortable as possible, decreasing burden of family caregiver, and managing financial burdens. Talk to your doctor and care team to find what options are best for your situation and what resources may be available. Also talk to your medical team and family about your wishes for advanced and end of life care, like dying at home. This will help them make decisions in case you can not communicate yourself when the time comes.
- Reviewer: Michael Woods, MD
- Review Date: 08/2013 -

subset: commoncrawl


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Super Simple Salted Caramel Popcorn Recipe Perfect for Fall
I had numerous handfuls of this amazing popcorn at a family friend's house a few weeks ago. It was quite possibly the best caramel popcorn I've ever had. I was pleasantly surprised to learn the recipe was so simple.
Caramel popcorn was one of those things that I thought would be hard to make for some reason, which is why I've never attempted to make it before. This recipe proved me wrong. Now I love to make salted caramel popcorn for family movie nights instead of just plain old buttered popcorn.
Super Simple Salted Caramel Popcorn
16 cups popped popcorn
1 cup butter
1 cup brown sugar
1/3 cup corn syrup
1 1/2 teaspoons sea salt
Make your popcorn however you like. Set the popcorn aside in a large bowl.
In a saucepan melt butter, sugar, syrup and 1 teaspoon salt on medium heat until it boils. Let it boil for four minutes. Don't stir it during this time. As soon as the four minutes is up, pour the mix on top of the popcorn and stir until all the popcorn is coated.
Spread popcorn onto a baking sheet lined with parchment paper. Sprinkle the popcorn with the remaining half teaspoon of salt. Bake popcorn at 300 degrees for 30 minutes, being sure to stir every 10 minutes. After pulling the popcorn out of the oven, leave it to cool on the pan before eating.
Joy Larson is a mother of four boys, graduate of the University of Montana, animal lover and writer.


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What better way to celebrate Black Friday? It's time to stock up for your own brand of black magic.
Called one of our best decks by flourishers, manipulators and magicians across the internet, our Shadow Masters decks feature a great combination of design and durability. So much work went into the design of this deck: Just ask designer Jason Brumbalow how much time he spent on the 10 of Clubs alone. (It was worth it, too — when was the last time you spent so much time ogling a 10 of Clubs?)
Now that the holiday shopping season is officially under way, here's a chance to snag stocking stuffers for your magician friends or replenish your own supply. Until midnight on Monday (Nov. 29, U.S. Eastern), a deck can be yours for $4.20. That's 40 percent off, which blows the lid off the discount normally given when 12 are bought. In fact, that's the discount our wholesalers get.
The offer is good up to 12 decks, and ends after this weekend. So act fast. And, of course, your purchase counts toward rewards and our holiday contest. You could buy a deck and get the matching Xbox. Not bad…


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Computer Science ColloquiumIm Rahmen des Informatik-Kolloquiums, das von den Instituten des Fachbereichs Informatik, der Österreichischen Gesellschaft für Informatik (ÖGI), der Arbeitsgemeinschaft für Datenverarbeitung (ADV) sowie der Österreichischen Computergesellschaft (OCG) abgehalten wird, spricht
Joaquim Jorge
Technical University of Lisboaüber das Thema:
Touching more than two dimensions: augmenting surfaces with soundZeit: Tue 13.11.2012, 14:30, 60 Minuten
Ort: Science Park 3, Raum 048
ZusammenfassungWork on interactive tabletops and surfaces has focused mostly on two-dimensional issues, such as multi-finger gestures and tangible interaction. Interesting as it is, however this picture is missing several dimensions. I will describe work on 2D and 3D semi-immersive environments and present novel on-and-above-the-surface techniques based on bi-manual models to take advantage of the continuous interaction space for creating and editing 3D models in stereoscopic environments. I will also discuss means to allow for more expressive interactions, including novel uses of sound and combining hand and finger tracking in the space above the table with multitouch gestures on its surface continuously. These combinations can provide alternative design environments and allow novel interaction modalities.
VortragenderJoaquim Jorge is a Professor at Instituto Superior Técnico (IST/UTL), the School of Engineering of the Technical University of Lisboa, Portugal, where he teaches User Interfaces and Computer Graphics. He received PhD and MSc degrees in Computer Science from Rensselaer Polytechnic Institute, Troy, NY, in 1995. He is Editor in Chief of Computers & Graphics Journal and a member of the ERCIM Editorial Board. He is a senior member of ACM/SIGGRAPH and IEEE Computer Society as well as Portuguese national representative to IFIP´s TC13 (Human Computer Interaction). He has also served on the EG Education Board since its inception in 2001 until 2011. Joaquim Jorge's interests are in Calligraphic and Multimodal User Interfaces, Visual Languages and Pattern Recognition techniques applied to Human-Computer Interaction. He was elected Fellow of the Eurographics Association in 2010.
Einladender: Univ. Prof. Dr. Oliver Bimber, Institut für Computergrafik
Liste aller Vorträge


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Tarrasch, Siegbert
3 Item(s)
Grid List
English Language Edition
Grandmaster Siegbert Tarrasch, in Three Hundred Chess Games, takes the combinational school of Paul Morphy and combines it with the positional school founded by Wilhelm Steinitz. The result is a powerful system of chess player utilitized by some of the greatest masters since the turn of the twentieth century. Dr. Tarrasch's system reflects the entire store of knowledge of chess, up to the hypermodern era.
Three Hundred Chess Games
Lessons in Classical Chess From the Greatest Teacher of All Time
A famous chess manual for 75 years, now re-edited for the modern chess player. Dr. Tarrasch was one of the world's strongest players in the late 19th century and this manual teaches chess from the novice level to Class A / Expert strength players. It fully covers, tactics, endings, and opening play. A must for every serious chess player.
The Game Of Chess
International Chess Tournament
Dr. Tarrasch and augmented by notes of many other famous players such as Alekhine, Lasker, Marco, Bernstein, Reinfeld. An extremely good tournament book for one of the greatest chess tournaments all time. Lasker just beat out Capablanca, followed by Alekhine, Tarrasch, Marshall and other greats of the day.
St. Petersburg 1914
3 Item(s)
Grid List


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Main Content
National Child Abuse Prevention Month
Don't Wait! Make the Call.
Report Child Abuse and Neglect in Indiana.
Public Online Training and Information Course
Indiana Child Abuse and Neglect Hotline
If you suspect a child is being abused or neglected, call Indiana's Child Abuse and Neglect Hotline today. It is available 24 hours a day, 7 days a week, 365 days a year. You do not have to be afraid anyone will find out who made the report because you can report abuse and neglect anonymously.
What is the Indiana Child Abuse and Neglect Hotline?
The Indiana Department of Child Services (DCS) established the Indiana Child Abuse and Neglect Hotline (Hotline) to ensure consistent handling of calls alleging child abuse and neglect. The Hotline serves as the central reporting center for all allegations of child abuse or neglect in the State of Indiana. The Hotline is staffed with specially-trained Family Case Managers, know as Intake Specialists, who are professionally trained to take reports of abuse and neglect. These Intake Specialists gather information from callers, determine whether the information provided meets statutory criteria for DCS to conduct an assessment, and if appropriate, route reports directly to DCS local offices for response and assessment.
The History and Benefits of the Hotline
The centralized Hotline was developed to bring consistency to the way abuse and neglect calls were managed across the state. The Hotline streamlines the Agency's approach to taking reports, improves the Intake Specialists' ability to gather information from callers, and expedites the process of preparing comprehensive reports and disseminating those reports to local offices for assessment. The Hotline also allows Family Case Managers in the local offices to spend more time partnering with children and families because they are no longer responsible for handling intake functions. It also allows DCS Intake Specialists to ask more probing questions to obtain comprehensive information about factors that may impact worker safety.
The Hotline's computerized call system provides DCS with an opportunity for quicker data entry, as well as the ability to track the number of calls received and the timeliness and quality of responses to callers. The state of the art system allows staff the opportunity to listen to individual calls. If specific concerns regarding a particular call are raised, staff can utilize these features to review the call and address any concerns.
The centralized Hotline unit began taking calls January 1, 2010 in Marion County. Throughout 2010 DCS continued a gradual, planned transition of counties to the new system. This transition was completed on August 30, 2010.
Who works at the Hotline?
The Hotline is staffed with trained Intake Specialists and at least one Supervisor every shift, twenty-four hours per day, seven days a week, 365 days per year. The Hotline is comprised of five offices in five different counties: Vanderburgh, Lawrence, Marion, Blackford, and Saint Joseph.
Making Reports to the Hotline
Who is required to report child abuse or neglect?
Under Indiana law any individual who has a reason to believe a child is a victim of abuse or neglect has the duty to make a report; therefore, each citizen of Indiana is considered a "mandated reporter." While reporting child abuse is everyone's responsibility, Indiana law
requires some in certain occupations to do so. These professional reporters are staff members in a medical or other public or private institution, school, facility, or agency. These reporters are legally obligated by their profession to report alleged child abuse or neglect.
Everyone has an important role and responsibility to prevent child abuse and neglect. Children need everyone to stand up for their safety when they may be in harm's way or when families in crisis or turmoil need support from those close to them. By contacting the Indiana Child Abuse and Neglect Hotline if you suspect a child is a victim of abuse or neglect, you can play your part in protecting a child and/or making it possible for a family in crisis to get the help and support they need.
Can the person making the report remain anonymous?
State law requires DCS to protect the identity of those reporting abuse or neglect allegations. DCS keeps the name and contact information of all report sources confidential. While DCS accepts child abuse and neglect allegations from persons who wish to remain anonymous, DCS encourages individuals to provide contact information to Intake Specialists. Providing your contact information is helpful because it allows the Family Case Manager who is assigned the report to follow up with you to ask additional questions or to seek clarification when more information is needed.
What will I need to provide when making a report?
If you call to make a report, an Intake Specialist will ask you for information about the circumstances creating a risk of harm to the child including who was involved, what occurred, when and where it occurred, the extent of any injuries sustained, and any other relevant information.
When you contact the Hotline, Intake Specialists will ask you for information about the parties involved (victim, parent(s)/guardian(s), perpetrator) and the specific allegations giving rise to the call. Information you will be asked to provide may include:
1. Child Information: name, age, address, current location, person caring for child, and need/receiving medical treatment
2. Parent/Guardian Information: name, address, phone number as well as any domestic violence, substance abuse, criminal history, mental health issues, or past CPS history
3. Alleged Perpetrator Information: name, address, phone number, relation to the child, behavioral issues, and other children who may be at risk
4. Physical abuse, sexual abuse, or neglect allegations: what happened, when, where, timeframe, and specific conditions
Even if you are unable to provide all of the information above, please contact the Hotline to make a report if you suspect a child is a victim of abuse or neglect. An Intake Specialist will review the information you are able to provide to determine whether it meets the statutory requirements for DCS to initiate an assessment. Please do not wait for someone else to make the call – your call may be the critical first step in protecting a child.
How is a recommendation on a report determined?
Decision Making and Processing Reports at the Hotline
- Intake Specialist's input the information received from the caller into MaGIK.
- The Intake Specialist makes a recommendation decision to the local office utilizing the Structured Decision Making (SDM) Tool.
- All Intake Specialist's reports are reviewed for both report quality and decision appropriateness by a Hotline Supervisor. If corrections or clarification is needed, the Hotline Supervisor sends the report back to the worker for corrections and or clarification so the Intake Specialist can make the changes themselves.
- Once a report is approved by the Hotline Supervisor, the field office then reviews the report and decides whether to agree or disagree with the Hotline recommendation. The field office may change any Hotline recommendation to assess or screen out as they feel appropriate.
Indiana Department of Child Services Screening and Response Time Assessment (SDM Tool)
What if I call the Hotline and I have to wait?
There are times when all Intake Specialists are taking calls or entering reports. If you find yourself on hold please be patient and do not hang up. Your call will be answered by the next available Intake Specialist. The Intake Specialists are trained to handle each call as quickly as possible while ensuring quality reports are completed. If you are calling regarding an emergency situation and/or if you believe the victim is in imminent danger please dial 911 immediately.
What if I do not have access to a telephone?
The DCS local office will assist any individual from the community who wishes to make a report in person at the DCS local office. The DCS local office will ensure that the individual has access to a telephone to make their report to the Hotline. For a list of DCS local offices, please click here.
How do Law Enforcement Agents report child abuse or neglect?
Law Enforcement Agents (LEA) should call the Child Abuse and Neglect Hotline especially in cases of emergency. DCS values its partnership with law enforcement and recognize the critical nature of their calls. To ensure law enforcement officials have the highest priority, they have an access code which routes their calls to the front of the call sequence. On average, law enforcement officials utilizing the access code are connected to the hotline within 15 seconds.
LEA may also fax or e-mail reports of abuse or neglect, but DCS strongly suggests LEA call in allegations to the Hotline.
Indiana Child Abuse and Neglect Hotline Statistics
Indiana Child Abuse and Neglect Hotline


text:
Our water supply is littered with contaminants that harm our health in adverse ways. We use water filters, water purification tablets, etc., to fight them off but it seems like the battle is never ending. Don't you wish you could take out your frustrations against these contaminants? Now you can. Join the Water Guardian in his quest to rid the water supply of contaminants such as cryptosporidium, bacteria and Giardia. The game is simple and fun to play. To sweeten the deal, we're giving away a prize to the person who can beat the game in the fastest amount of time. Want more details? See below.
To participate:
1. Be a fan of one of our social media sites (Facebook, Twitter, Pinterest, Google+, LinkedIn, YouTube) or a subscriber to our free Newsletter. Not a fan or a subscriber? Connect with us now!
2. Play the Water Guardian and beat the game by eliminating the water supply of contaminants.
3. Create a FREE account so your time will be logged to the leader board. This process is simple, FREE and will not infringe on your privacy in any way.
4. The contest begins Friday September 7, 2012 and ends
Friday September 21, 2012 Thursday September 27, 2012 at 3:00 PM EST. The winner will be announced Monday September 24, 2012. Friday September 28, 2012.�
5. Whoever beats the game in the fastest time will win a HM Digital Test Meter and a $50 Visa Gift Card.
6. Ties will be determined by a random drawing.
Guidelines (Click the image to enlarge):
Remember, creating an account is FREE and simple, and the contest ends
Friday September 21 Thursday September 27 at 3:00 PM EST. Now that you're all set, let the games begin! Click the picture below to get started in your quest.


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On January 7, 2010, the Securities and Exchange Commission filed a complaint in the United States District Court for the Central District of California against Thomas A. Labry, a resident of Newport Beach, California, and his Costa Mesa, California-based entity, Cherokee Gas Systems, Inc., for perpetrating an ongoing oil and gas offering fraud that raised at least $1.4 million from investors throughout the United States and Canada. The court entered an order halting the alleged fraud and freezing the assets of Labry and Cherokee.
The SEC's complaint alleges that from December 2008 to the present, the Defendants have been engaged in a fraudulent scheme whereby they solicit investors through cold-calling to invest in an unregistered oil and gas offering. The complaint alleges that Labry, using Cherokee investor monies, purchased dialing software that can automatically place outbound calls from a pre-loaded database of numbers. In these calls, Cherokee representatives allegedly offer investors the opportunity to purchase units in oil and gas wells purportedly owned by Cherokee located on Walters Field in Oklahoma, for $25,000 per unit. According to the complaint, Cherokee representatives tell investors that they will start receiving returns on their investments, paid monthly, within 45 to 60 days of the investment. The complaint alleges that Defendants represent projected minimum monthly returns of $725 per $25,000 unit purchased, or about a 35% annual return. According to the complaint, investor monies are not invested in oil and gas production and investors are not receiving returns. Instead, the SEC alleges that Labry has misappropriated investor funds for his own personal use. Of the $1.4 million raised so far, Labry has withdrawn $268,800 in cash, cashed $148,126 in cashier's checks made out to "SCS" and expended another $466,283 to purchase cashier's checks made payable to various individuals.
The complaint further alleges that the Cherokee offering materials are almost identical to the offering materials previously disseminated by an entity Labry controlled, Iron Horse Petroleum, Inc., which had offered similar oil and gas interests in Walters Field in Oklahoma. Five states have issued administrative orders prohibiting Labry and/or Iron Horse from offering or selling securities based on findings that Labry and/or Iron Horse were offering and selling unregistered securities.
In its lawsuit, the SEC obtained an order (1) freezing the assets of Labry and Cherokee; (2) appointing a temporary receiver over Cherokee; (3) preventing the destruction of documents; (4) granting expedited discovery; (5) requiring accountings from Labry and Cherokee; and (6) temporarily enjoining Labry and Cherokee from future violations of Section 17(a) of the Securities Act of 1933 ("Securities Act") and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder, and temporarily enjoining Cherokee from future violations of Sections 5(a) and (5) of the Securities Act. The SEC also seeks preliminary and permanent injunctions, disgorgement plus prejudgment interest, and civil penalties against Labry and Cherokee. A hearing on whether a preliminary injunction should be issued against the Defendants and whether a permanent receiver should be appointed is scheduled for January 19, 2010 at 1:30 p.m.
See Also: SEC Complaint


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Time magazine once ran an essay by Garrison Keillor about a European trip he took with his two brothers and a sister. Keillor noted that during the trip the siblings talked about events from their childhood in a way they couldn't have, if non-siblings had been present. And, although they had known each other a lifetime, stories came out that Keillor had never heard before. As he wrote, "the truth is I am terribly interested in what happened in my childhood, there being fewer and fewer people left who remember it, and with siblings, your minds meld and you piece together the story."
I realized, of course, the same thing happens in my family. We often play the "do you remember?" game, and try our best to fill in missing pieces for one another. My sister Vicki, being four years older than I, can remember people and places that I'm not sure I ever knew. My younger brother Mark has a keen interest in World War II, and has become a walking encyclopedia about our dad's time in the Army. And, because I was the one who asked my grandmothers about the past, I'm now the keeper of the old family stories.
I do my best to write down snippets of those stories as I hear them, but don't always take the time to capture the whole tale. Heaven forbid something should happen to me before I do! And, because we know how life can be, playing Russian roulette with family stories isn't the best way to ensure their survival.
I've thought a lot about the best way to preserve the stories. What came to mind, of course, was Alex Haley's Roots—how the Haleys' oral tradition kept Kunta Kinte's tale alive. And how the Navajo call their elders "walking libraries" because they're the keepers of family stories and tribal history. As much as I like writing, I realize I prefer an oral history—in part because it seems more natural, and in part because I like the idea of capturing family voices.
Whichever style you prefer—written or oral histories—preserving and sharing those stories is important. Now, with CD burners built into just about every computer, copying your family tales to CD is almost a one-click affair. If you've done an oral history I'd love to hear from you.
Resources for oral histories:
• Compiling an Oral Family History from the Polish Genealogical Society of America
• An Oral History Primer from the University of California, Santa Cruz
• Oral History Techniques and Procedures from the Center of Military History
• Guidelines for Oral History Interviews from Rochester Regional Library Council
• How to Burn a CD Using Windows XP, from Microsoft


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If running 15 miles a week is heart healthy, running 45 miles a week gives you a cardiovascular system three times as clean and strong, right?
A new study sounds a serious alarm about such thinking, adding to a growing body of research on the topic of excessive endurance exercise.
You've heard of the runner's high. Researchers now want you to hear about runner's plaque _ coronary artery plaque.
In short: Running super-long distances for many years might backfire on you.
"Years of extreme exercise efforts appear to erase some benefits you get from moderate exercise, so that your risk of heart disease, of dying of coronary disease, is the same as a sedentary person," said James O'Keefe, preventive cardiologist at St. Luke's Hospital in Kansas City, Mo.
O'Keefe said the study found that men who were marathon runners for 25 years had 62 percent more plaque buildup in their coronary arteries than men who were sedentary but were similar to the runners in other respects, including age.
And the increased quantity of plaque in the marathoners' arteries included both hard, or calcified, plaque and the more dangerous soft, fatty plaque. The latter is the kind that can be predisposed to rupture and cause a heart attack.
O'Keefe is co-author of the paper in the latest issue of Missouri Medicine, the journal of the Missouri State Medical Association.
The study was conducted by Robert Schwartz and colleagues at the Minneapolis Heart Institute Foundation.
An unwavering advocate of exercise and its health benefits, O'Keefe said the new study adds weight to the idea that the potent benefits of exercise are "dose dependent."
That is, the right amount matters. Being sedentary is unhealthy. Regular, moderate exercise bestows long-term benefits.
While logging huge numbers of miles and running marathons can keep you thinner, lower your risk for type 2 diabetes and offer other benefits, it appears the subsequent wear and tear on the heart is a potential drawback, O'Keefe said.
The study's marathoners, who had run at least one 26.2-mile race a year for 25 years, had a lower weight, resting heart rate and body mass index than the non-runners. The average age of both groups was in the 50s.
That works out well for the 3-milers - keep doing that, O'Keefe said - but it's cautionary news for marathoners and ultra-marathoners, at least those who have been at it for years.


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Without a doubt, the mass swim start is the most emotionally charged start in the sport, thanks to TV helicopters, enthusiastic spectators and the sun rising over Mt. Hualalai. Currents can be a factor, so a few pre-race practice swims in the bay are advised. Water temperature in Kailua Bay is typically around 79 F.
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Hi there,
I am trying to build one biometric authentication (finger print to be precise) application using neurotec biometric sdk. I have 3M CSD200 scanner for scanning finger prints. But neurotec official link says it support 3M 330 scanner. Link : http://www.neurotechnology.com/cgi-bin/ ... anners.cgi
And 3M CSD200 is not detected by AbisSampleWX application so that I could run few tests. The 3M CSD200 drivers were successfully installed.
My question is how can i use 3M CSD200 scanner by neurotec biometric sdk ?
I have read somewhere we can build one plugin for 3M CSD200 scanner to get detected by neurotec biometric. If this is the only solution how could i build one plugin for neurotec biometrics ?
Please guide me through this.


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Amy Amato, a spokeswoman for Wildlife Victoria, the organization that was called in to try to rescue the scared creature, said the wallaby found his way out onto a ledge but hopped back onto the surface of the parking garage where he was safely hit with a tranquilizer dart and taken into captivity.
Amato said the wallaby was slightly underweight and had injured paws from hopping on concrete, but was otherwise in good condition. She said the wildlife shelter will monitor the wallaby for a few days before releasing it back into the wild.
Onlookers said they had no idea how the animal got into the Doncaster, Victoria, garage or to the top floor, the Manningham (Australia) Leader said Saturday.


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How well do you know the Code? Think you can spot violations the original installer either ignored or couldn't identify? Here's your chance to moonlight as an electrical inspector and second-guess someone else's work from the safety of your living room or office. Joe, who has a knack for finding shoddy electrical work, did the dirty work and found this mess. Now it's your turn to identify the violation.
Find the Answer
"This is a photo I recently took at a church," says Charles L. Nix, II of McDonald, Tenn. "The rear of the boxes house the switches for the main sanctuary lights. They were installed about 15 to 20 years ago."
Nix goes on to say, "I know you get a lot of photos, but I thought with the conduit violations, lack of conductor support, no prevention of abrasion, missing junction boxes, and the other items of concern these photos might create a record number of Code sections violated."
Well Charles, this installation does give us a whole lot to think about. First, all of these cables are subject to physical damage, and the splices need to be placed inside properly sized boxes, as clearly noted in Art. 314. Another key section of the NEC we can reference as being violated is 334.15 [Exposed Work]. In exposed work, except as provided in 300.11(A), cable shall be installed as specified in 334.15(A) through (C).
(A) — "Cable shall closely follow the surface of the building finish or of running boards."
(B) — "Cable shall be protected from physical damage where necessary by rigid metal conduit, intermediate metal conduit, electrical metallic tubing, Schedule 80 PVC conduit, Type RTRC marked with the suffix -XW, or other approved means. Where passing through a floor, the cable shall be enclosed in rigid metal conduit, intermediate metal conduit, electrical metallic tubing, Schedule 80 PVC conduit, Type RTRC marked with the suffix -XW, or other approved means extending at least 150 mm (6 in.) above the floor. Type NMC cable installed in shallow chases or grooves in masonry, concrete, or adobe shall be protected in accordance with the requirements in 300.4(F) and covered with plaster, adobe, or similar finish."


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Included here are several sites in the Rochester area that contain Tiffany windows. While all the windows are beautiful and meant to be enjoyed, the Gallery encourages visitors to heed the individual requests below, call ahead when necessary, and use their best judgment when visiting.
The Chapel of the Good Shepherd
Episcopal SeniorLife Communities
505 Mount Hope Avenue
Rochester, NY 14620
(585) 546-8400
Please note visiting hours are Monday-Friday, 10:00 am – 8:00 pm.
Christ Church
141 East Avenue
Rochester, NY 14604
(585) 454-3878
email: firstname.lastname@example.com
Drop-ins are not encouraged; please call ahead. Office hours are Monday–Friday, 8:30 am – 2:30 pm.
Christ Episcopal Church
36 South Main Street
Pittsford, NY 14534
email: firstname.lastname@example.com
Downtown United Presbyterian Church
121 Fitzhugh Street North
Rochester, NY 14608
email: email@example.com
Please call ahead to schedule a tour.
Isabella Graham Hart Memorial Window
Rochester General Hospital Chapel
1425 Portland Avenue
Rochester, New York 14625
St. Mary's Church
15 St. Mary's Place
Rochester, NY 14607
email: email@example.com
Please call ahead.
St. Paul's Episcopal Church
25 Westminster Road
Rochester, NY 14607
email: email@example.com or firstname.lastname@example.com
Please call ahead.
Third Presbyterian Church
4 Meigs Street
Rochester, NY 14607
Please email Cindy Mark at email@example.com to schedule a time to visit. Or take the guided tour on Saturday, September 29, 2012.
Of special note:
Willard Memorial Chapel
17 Nelson Street, Auburn, NY 13021
email: firstname.lastname@example.com
Hours: Tuesday–Friday, 10 am – 4 pm; tours on the hour; suggested donation: $4 per person
The Clifton Springs Sanitarium Chapel at The Spa Apartments
11 East Main Street, Clifton Springs, NY 14432
Please call ahead to view the Chapel during the week; larger groups and weekend visits can often be accommodated given advance notice. To learn more about the Chapel, individuals are welcome to call the Community Relations Office of Clifton Springs Hospital & Clinic at 315-462-0141.
Above: Photo by Douglas A. Lockhard courtesy In Company with Angels, Inc.


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Army science, technology focus shifts from Middle East to Asian-Pacific Rim during ARL talks
June 27, 2012
Story Highlights
- ARL, WMRD hosted three-day Science and Technology Review at APG.
- Dr. Scott Fish, the Army's chief scientist attended event.
- U.S. WMRD pursues science and technology to make the Warfighter and Land Warfare Systems more lethal, survivable and deployable.
Future technology from the U.S. armed forces' top research scientists will have to be 'game-changing' to help the defense department shift its focus to operations in Southeast Asia, and to mete out the next major threats there and elsewhere, said Dr. Scott Fish, the Army's chief scientist.
"We spent the past 10 years focused on addressing the 'Middle East problem,' but now we're moving to Southeast Asia," Fish said, and now, the defense department is looking at "how to figure out the right science and technology focus for threats of the future."
The U.S. military's Pacific theater covers half the globe, including 36 nations – among them strong U.S. partners Australia, Japan, South Korea, the Philippines, and Thailand according to a recent Department of Defense (DoD) report.
Fish's comments came during a three-day meeting hosted by the U.S. Army Research Laboratory's (ARL's) Weapons and Materials Research Directorate (WMRD) at Aberdeen Proving Ground, Md. The event, its second Science and Technology Review, brought together nearly 100 senior research scientists and engineers from throughout the defense department April 17-19 to influence WMRD's technical focus in the areas of protection, lethality, and materials and manufacturing science.
Dr. Jeffrey Zabinski, acting director of WMRD, said, "This review will allow our customers to provide valuable insight from the tech-pull perspective. In addition, their input will help us identify the limit of the state-of-art and assist us in our role as technology forecasters. Our vision is to create technology surprise and not simply avoid surprise from our adversaries. This review is an opportunity for us to not only meet the needs of our stakeholders, but also to show them that ARL's innovative research will deliver the next big thing for the Army. Our first-ever accomplishments will contribute to the Invincible Soldier and our innovative research will enable transformational materials, overwhelming fire power and unprecedented protection."
WMRD pursues science and technology to make the Warfighter and Land Warfare Systems more lethal, survivable and deployable, Zabinski said, by leveraging expertise of a multi-disciplinary and intellectually diverse team of scientists and engineers.
This team's basic scientific research efforts and experimentation transitioned major programs to DoD such as; the Mine-Resistant Ambush-Protected (MRAP) Armor Weight Reduction Spiral Program, which introduced lightweight composites, new materials, and enhanced ballistic mechanisms to reduce the add-on weight of final armor packages, while continuing to increase Soldier survivability, the M855A1 Enhanced Performance Round, which improved hard-target capability, more dependable, consistent performance at all distances, improved accuracy, reduced muzzle flash and a higher velocity the Armor Survivability Kit that was retrofitted on Middle East deployed HMMWVs and the formulation and standardization of Chemical Agent Resistant Coatings on military weapon systems. ARL is the commodity manager, DoD approval authority, and lead research and development activity for such coatings.
"WMRD with its partners have many successes that have made a dramatic difference to our nation's military throughout the years," said Zabinski. "We're looking to build upon and leverage our expertise as our scientists and engineers carry forward a couple important themes: interconnectedness of disciplines, multi-scale sciences, and our push to create materials by design through computational assistance.
"We will show that our fundamental research is the convergence of science and technology and interconnectedness of disciplines in physics, chemistry, mathematics, biology, electronics, and materials science. Our research investments as embodied in our core competencies of ballistics and materials, have been shaped to exploit the synergistic benefits of cross-cutting research leading to accelerated technology discoveries and advancements. Our technology transitions over the next decade will be underpinned by investments in multi-scale, multi-disciplinary modeling and innovative experimental techniques across our core competencies.
"The bigger challenge for us is the same across the Department of Defense; identifying the right solutions to address the problem threats of today and forecasting for the out years bringing radical discovery and innovation to bear against the new challenges of the Global War on Terrorism and the Future Force."


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What Exactly Is the War Powers Act and Is Obama Really Violating It?
by Marian Wang ProPublica, June 17, 2011, 1:04 p.m.
President Obama is facing a swell of bipartisan criticism for continuing military engagement in Libya without congressional approval. Even supporters of the Libya intervention have complained that the administration is flouting the law. So, is it? Well, the president is certainly sidestepping the controversial law known as the War Powers Act, but in doing so hes following a well-worn path. The Vietnam-era law requires the president to seek approval from Congress after 60 days of military engagement. The law was passed in 1973 after the United States fought the Korean and Vietnam wars without actual declarations of war. But its always been controversial. (President Nixon actually vetoed the law, but Congress overrode him.) According to a 2004 Congressional Research Service report, every President since the enactment of the War Powers Resolution has taken the position that it is an unconstitutional infringement on the Presidents authority as Commander-in-Chief. President Obama, in defending the legitimacy of the Libyan operation, hasnt actually made that argument. On Wednesday, he submitted a report to Congress arguing that his administration isnt in violation of the act at all, despite the fact that the 60-day deadline for congressional approval of Libya operations came and went in May. White House spokesman Jay Carney has argued that the United States constrained and limited operations in Libya do not amount to hostilities because the United States doesnt
have or intend to place soldiers on the ground and has not sustained the casualties typical of such hostilities. The United States in April pulled its cruise missiles and attack planes out of combat in the NATO-led Libyan mission, though it still has them on standby. Its currently providing support such as aerial refueling, surveillance and reconnaissance, according to the AP. Speaker of the House John Boehner has said the White Houses stance doesnt pass the straight-face test. President Obama is far from alone in finding creative ways around the War Powers Act. As the New York Times has noted, the Clinton administration continued the bombing campaign in Kosovo past the 60-day deadline, arguing that Congress had implicitly approved the mission when it approved funding for it. (The Act specifically says that funding doesnt constitute authorization, the Times notes. And Obama wouldnt be able to use that reasoning anywaythe administration is using existing funds for the Libya mission.) Clintons successor, President George W. Bush, did requestand receivea resolution of support from Congress for the Iraq war, but Bush also made clear that his compliance with the War Powers Act didnt mean he agreed with the acts constitutionality. Heres what he said [PDF], as quoted in a Congressional Research Service report: As I made clear to congressional leaders at the outset, my request for congressional support did not, and my signing this resolution does not, constitute any change in the long-standing positions of the executive branch on either the Presidents constitutional authority to use the Armed Forces to defend vital U.S. interests or the constitutionality of the War Powers Resolution. While presidents have long inveighed against the act, lawmakers have just as frequently invoked it, often as a political weapon. This week, a bipartisan group of 10 House membersa combination of Republicans and antiwar Democratssued the Obama administration this week over the War Powers Act. But the move may be little more than symbolic. As NPR notes, lawmakers have never successfully used the War Powers Act to end any military mission, and in 2000, the Supreme Court refused to touch the issue when lawmakers complained about Kosovo. Its also worth keeping in mind that many of Obamas critics seem a bit conflicted about the legitimacy of the act. As Politico has reported, Boehnerwho sent a confrontational letter to the president this weekactually voted to repeal the law in 1995. In 1999, he called it constitutionally suspect. Boehners spokesman said the speaker has an obligation to honor existing law regardless of his personal views. But Boehners also been unclear about whether Obama is even violating the act. Two weeks ago, Boehner said that technically, he wasnt: Legally, theyve met their requirements [under] the War Powers Act, he said of the administration. (On Libya, Boehner has said that the United States has a moral obligation to stand with those who seek freedom from oppression and self-government for their people and called Libyan dictator Muammar Qaddafis actions unacceptable and outrageous.) As the House ups the ante on the War Powers Act, Sens. John Kerry and John McCain are advancing a bipartisan resolution to support the U.S. role in Libya. (McCain, a Republican, has criticized Obama administrations reasoning as a confusing breach of common sense.)
As weve noted, the Obama administration has sought to downplay its role in the Libya conflict since it began in Marchthough theres been some mission creep: The Obama administration originally said that the goal of the intervention was not regime change in Libya, but it has since suggested that its measure for success will be Qaddafis departure.
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