Foster Parents; Your Right to appeal?
Part 2 of 4
In part one we were just explaining the court processes here in the United States and the lack of due process in the case of foster parents being placed on the Child Abuse Registry without the appeal process. When you do not agree with the outcome in any of the limited lower courts, you have a right to take it to a higher court to obtain, if you will, a second opinion an appeal.
- In Administrative Law you must appeal in order to obtain access to Due Process. An Administrative Inquiry and/or Hearing is not due process of law. There are many
foster parents who were not told of the appeal process. You have 30 days to do so.
Let us continue; There are 12 appeal courts in the U.S. all but one in DC and they serve an area consisting anywhere from three to nine states, this is called a circuit. We always recommend to the members we have that have the financial wherewithal to carry their cases to a higher court to do so. The reason is simple; Courts cannot make a ruling unless they have an actual case brought before it. This is why cases that set precedents are so important, thus the method of challenging the lack of Due Process in cases where the foster parents are placed on the Child Abuse Registry without the constitutionally guaranteed right of due process, appeals to a higher court, no trial or conviction.
Definition of Administrative Law; administrative law, law governing the powers and processes of administrative agencies. The term is sometimes used also of law (i.e., rules, regulations) developed by agencies in the course of their operation.
Read more:
For inquisitive minds; The Administrative Procedures Act. Link
An act designed to give uniformity to the rule-making and adjudicative proceedings of federal administrative agencies. The federal government passed the act in 1946, in response to increasing resentment of the agencies' latitude in matters affecting the rights of individuals. APA Brought coherence and judicial character to formerly haphazard procedures, provides guidelines for rule-making hearings, adjudicative hearings, intra-agency review, judicial review, and public access to agency rules and decisions, and it creates rights of counsel at hearings, rights of public access to administrative hearings, and rights of an individual to control personal information collected by an agency. Note; not a direct quote. Read more:
Now let us continue with our groundwork;
Appellate courts are for defendants who disagree with the outcome of their court decisions.
Anyone may file an appeal to a higher court however, there are court costs involved in doing so. When filing an appeal you must be able to produce evidence of procedural mistakes and/or errors of the agency involved in the first procedure. There are many levels of appellate courts.
Please stay with us part 3 next, subscribe so you will not miss any of these Foster Parents Trainings. Truth in Fostering.
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