Wednesday, March 16, 2011

Hard Rock "Event:" Bastard Nation's Four Points on NJ A1406

On March 10, the Evan B. Donaldson Adoption Institute held a 3-hour "event," Learning the RIGHT Lessons about Adoption: What the Oprah Winfrey Reunion Story Teaches Us" Seven Bastard National and friends attended the "event"--witnesses to the truth as it turned out, in a room full of adoption deformist contortionists weaned on NewSpeak.

I am publishing Bastard Nation documents, commentary, and video from the Hard Rock on the BN blog and the Daily Bastardette. I will also post the documented words and actions of deformers at the event backslapping and trading off the rights of Class Bastard for permission and privilege for some. You know, the vetoed, the 'safe havened," the tiered--maybe YOU--tossed in the black hole.

Below is the Bastard Nation flyer we distributed before the "event." We wanted to document the "event" and hold the feet of the sheep to the fire, so flyer distribution was limited. We did, however, manage to give out a larger number of buttons and stickers.

During the Q&A with the "panel of experts," (no promised scholar showed up) two of us brought up points from the flyer. The "experts" denied and dismissed our questions as someplace not to go. Below our flyer are portions of the New Jersey A1406 bill and the state's current "safe haven" law that provide more or less footnotes to our four flyer points. They are not a legal analysis, but we can read. After all, we've actually passed clean bills."

(Click on image for enlargement or go here for an even larger copy.)



1. Flyer text: "Seal the records of all children passing through the state’s legalized child abandonment (“safe haven”) scheme"

Bill: page 5. This is all new language. 7 e. Notwithstanding the requirements of this section to the 8 contrary, in the case of a child who was surrendered pursuant to 9 P.L.2000, c.58 (C.30:4C-15.5 et seq.) and upon receipt of 10 notification from the Division of Youth and Family Services in the 11 Department of Children and Families pursuant to subsection f. of 12 this section, the State Registrar shall deem that the birth parent of 13 the child has requested nondisclosure and shall not provide the birth 14 parent's name or home address, if the name or address is recorded 15 on the child's birth certificate, upon receipt of a written, notarized 16 request for an uncertified, long-form copy of the adopted person's 17 original certificate of birth pursuant to R.S.26:8-40.1. 18 f. The Division of Youth and Family Services in the 19 Department of Children and Families shall notify the State Registrar 20 when a child is surrendered pursuant to P.L.2000, c.58 (C.30:4C- 21 15.5 et seq.) to enable the Registrar to identify the certificate of 22 birth of the child who was so surrendered and deem that the birth 23 parent of the child has requested nondisclosure, as provided in 24 subsection e. of this section. This is in a part marked "New section" and this language does not appear in the current law. Note that "surrendered pursuant to " is a determination of surrender under safe haven law and is assumed that the parent requested nondisclosure.

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2. Flyer text: "Segregate out a new class of adoptees locked behind vetoes and other restrictions, barred from gaining access to their state confiscated OriginalBirth Certificates (OBCs)"

Bill page 4, veto prohibiting the state to provide parent name and address: 13 2. (New section) a. During the 12-month period beginning on 14 the date of adoption of regulations by the Department of Health and 15 Senior Services to carry out the purposes of this act, a birth parent 16 of a person adopted prior to the date of enactment of this act may 17 submit to the State Registrar a written, notarized request for 18 nondisclosure or may make such a request to the State Registrar in 19 person. The request for nondisclosure shall prohibit the State 20 Registrar from providing the birth parent's name and home address, 21 as recorded on the adopted person's birth certificate, upon receipt of 22 a written, notarized request for an uncertified, long-form copy of 23 the adopted person's original certificate of birth pursuant to 24 subsection b. of R.S.26:8-40.1 from an adopted person, direct 25 descendant or adoptive parent or guardian authorized by that statute 26 to make such a request. also from page 5: 35 b. If the birth parent of the adopted person has submitted a 36 request for nondisclosure pursuant to section 2 of this act, the State 37 Registrar shall delete the identifying information of the birth parent 38 from the uncertified, long form copy of the original certificate of 39 birth and the family history form submitted by the birth parent with 40 the certificate of birth, and thereafter provide both to the requester. also from page 7, this regards the adoption file as opposed to OBC: 17 Prior to providing any identifying information about a birth 18 parent or the parent's family, the agency or intermediary, as 19 applicable, shall contact the State Registrar to receive written 20 notification if the birth parent has submitted a request for 21 nondisclosure. If such a request has been submitted, the agency or 22 intermediary shall not disclose any identifying information about 23 the birth parent or the parent's family. note that this bill has both a nondisclosure veto, *and* a contact preference, submission of either requires medical/family history form completion.

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3. Flyer text: "Create an adoption industry liability shield, stripping adopted people and their families of their ability to sue agencies"

Bill page 8: 10 7. (New section) a. A person, firm, partnership, corporation, 11 association or agency that has placed a child for adoption shall not 12 be liable in any civil or criminal action for damages resulting from 13 information provided by the State Registrar pursuant to this act. 14 b. An employee, agent or officer of the Department of Health 15 and Senior Services who is authorized by the Commissioner of 16 Health and Senior Services to disclose information relating to the 17 certification of birth pursuant to this act, shall not be liable for: 18 (1) disclosing information based on a written, notarized request 19 submitted in accordance with this act; and 20 (2) any error or inaccuracy in the information that is disclosed 21 after receipt of a written, notarized request submitted in accordance with this act, and any consequence of that error or inaccuracy.

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4. Flyer text: " Coerce some mothers into handing over their medical histories to the government, a gross violation of women’s medical privacy"

Bill, in the part explaining the disclosure veto process, page 4: 27 b. The State Registrar shall acknowledge, by mail, or if the 28 request is made in person, at the time the request is made, receipt of 29 the request for nondisclosure and shall enclose with the receipt a 30 family history form requesting medical, cultural, and social history 31 regarding the birth parent, which the State Registrar shall require 32 the birth parent to complete to the best of the parent's knowledge 33 and return to the State Registrar within 60 days. The birth parent 34 may update the family history form, as necessary. Failure of a birth 35 parent to complete the form and return it within 60 days, upon 36 requesting nondisclosure, shall nullify the birth parent's request for 37 nondisclosure. Bill, in the part explaining the contact preference, page 6: 8 c. The State Registrar shall require a birth parent who submits 9 a document of contact preference pursuant to this section to 10 complete a form providing updated family history information, 11 which includes medical, cultural and social history information 12 regarding the birth parent. all the bolding in above text is mine.

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"Safe Haven" Current law: http://goo.gl/FNuqb and http://goo.gl/BRcQL

This is the "C.30:4C-21 15.5 et seq." that is referenced in the bill I quote above, aka "P.L.2000, c.58." while the word "confidentiality" is used twice, there is nothing in the law enforcing it. The Division of Youth and Family Services is not required to search for parents or relatives, but is not prohibited from doing so. quote: "The division, after assuming the care, custody and control of a child from a licensed general hospital pursuant to section 4 of P.L.2000, c.58 (C.30:4C-15.7), shall not be required to attempt to reunify the child with the child's parents. Additionally, the division shall not be required to search for relatives of the child as a placement or permanency option, or to implement other placement requirements that give preference to relatives if the division does not have information as to the identity of the child, the child's mother or the child's father. The division shall place the child with potential adoptive parents as soon as possible. "
We can only wonder if NJCare (and its best friend, the EBD) has read their own bill as well as current NJ laws which it is trying to affect. In case you think I'm exagerating, documentation to verify these tete a tetes will be posted in a a few days.




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