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Nye Frank

Adult Protective Services - General - 0 views

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    "Page 1 DEPARTMENT OF HUMAN SERVICES SENIORS AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL 411-020-0000 Purpose and Scope of Program (Effective 7/1/2005) (1) Responsibility: The Department of Human Services (DHS) Seniors and People with Disabilities (SPD) has responsibility to provide Adult Protective Services to older adults and to adults with disabilities whose situation is within its jurisdiction to investigate. (2) Intent: The intent of the program is to provide protection and intervention for adults who are unable to protect themselves from harm and neglect. (3) Scope of Services: The scope of services includes: (a) Receiving reports of abuse, neglect or self-neglect; (b) Providing and documenting risk assessment of reported victims; (c) Conducting and documenting investigations of reported wrongdoing; and (d) Providing appropriate resources for victim safety. (4) Availability: Adult Protective Services are available from the Department to any adult resident of a DHS-licensed facility, to Nursing Facility residents regardless of age, and to any adult residing in the community who meets the eligibility criteria listed in OAR 411-020-0015. Page 1 of 27 Page 2 (5) Statutory and Administrative Rule Guidance: Oregon has adopted laws and administrative rules to address different types of abuse or neglect to vulnerable adults. See Section 411-020-0010, Authority and Responsibility. (6) Intervention Model: (a) As a human services agency, the Department embraces a social model of intervention with a primary focus on offering safety and protection to the reported victim. The over-arching ethical value in Adult Protective Services is the obligation to balance the duty to protect older adults and adults with disabilities with the duty to protect their rights to self-determination. (b) The Department relies upon other key sources, such as law enforcement, legal, medical, and regulatory professi
Nye Frank

Nye Frank's Twitter Team LADA Justice System Integrity Divsion - 0 views

  • When judges, attorneys, police officers, and others working in the justice system break the law, they must be held accountable for their actions. The District Attorney created the Justice System Integrity Division (JSID), a team of highly experienced prosecutors and investigators, to ensure just that. JSID – with enhanced cooperation from local and federal agencies – provides the resources to detect, investigate, and prosecute criminal misconduct among those sworn to uphold the law.
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    When judges, attorneys, police officers, and others working in the justice system break the law, they must be held accountable for their actions. The District Attorney created the Justice System Integrity Division (JSID), a team of highly experienced prosecutors and investigators, to ensure just that. JSID - with enhanced cooperation from local and federal agencies - provides the resources to detect, investigate, and prosecute criminal misconduct among those sworn to uphold the law.\nhttp://da.co.la.ca.us/jsid.htm
Nye Frank

attorney general rights for private party crime victim of political corruption to file ... - 0 views

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    bout 160,000 results (0.41 seconds)  Search Results Organized Crime Control Act: Information from Answers.com Title V authorizes the Attorney General to form a witness protection ... Victims would be able to sue for damages in civil court. ... has also been used in cases of political corruption, white-collar crime, ... In part because of the right of private action-civil RICO-the law has developed in some surprising ways. ... www.answers.com/topic/organized-crime-control-act - Cached - Similar Florida Attorney General - Statewide Prosecutor - Guide for Victims A fund for victims of violent crimes in which physical injury has resulted ... A time period for the victims right to a speedy trial has not been ... parties-the defendant, the State, and you the victim-to resolve the case without a trial. ... but you may need the assistance of a private attorney for this purpose. ... myfloridalegal.com/.../e99f7f48df3b5d7485256cca0052aa0f - Cached - Similar Political Corruption: Political corruption cases The attorney general stopped short of indicting the prime minister, although according ... supporters in the guise of relief aid to Maoist insurgency victims. .... The political parties play a vital role in ensuring free and fair election ... in public procurement processes (including excessive private agreements). ... www.u4.no › Themes › Political Corruption - Cached - Similar Hot Air » DoJ redirecting damage awards to favored groups? Aug 5, 2010 ... Now, Attorney General Eric Holder and Civil Rights Division chief .... How much political corruption activism does Holder commit engage in ... Looks like we need to file RICO charges against the DOJ….it has gotten that bad. ... Imagine if this crime organization in charge can get control of the ... hotair.com/.../doj-redirecting-damage-awards-to-favored-groups/ - Cached White Collar Crime Prof Blog: RICO The National Association of Criminal Defense Lawyers (NACDL) filed an amicus .... private
Nye Frank

42 USC Sec. 233. Civil actions or proceedings against commissioned officers or employees - 0 views

  • Upon a certification by the Attorney General that the defendant was acting in the scope of his employment at the time of the incident out of which the suit arose, any such civil action or proceeding commenced in a State court shall be removed without bond at any time before trial by the Attorney General to the district court of the United States of the district and division embracing the place wherein it is pending and the proceeding deemed a tort action brought against the United States under the provisions of title 28 and all references thereto. Should a United States district court determine on a hearing on a motion to remand held before a trial on the merit that the case so removed is one in which a remedy by suit within the meaning of subsection (a) of this section is not available against the United States, the case shall be remanded to the State Court: Provided, That where such a remedy is precluded because of the availability of a remedy through proceedings for compensation or other benefits from the United States as provided by any other law, the case shall be dismissed, but in the event the running of any limitation of time for commencing, or filing an application or claim in, such proceedings for compensation or other benefits shall be deemed to have been suspended during the pendency of the civil action or proceeding under this section.
Nye Frank

An Elder Fights the Denial of Medicaid by Division of Medical Assistance and the Hearin... - 0 views

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    STANDARD OF REVIEW When determining a motion to dismiss a complaint for failure to state a claim, allegations of the complaint, as well as any reasonable inferences [and annexed exhibits] which may be drawn therefrom in plaintiff's favor, are to be taken as true. Brum v. Town of Dartmouth, 44 Mass.App.Ct. 318, 321 (1998). Eyal v. Helen Broadcasting Corp., 411 Mass. 426, 429 (1991) and cases cited. See also Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 87 (1979); Nader v. Citron, 372 Mass. 96, 98 (1977). Dismissal is also not appropriate where GiGi is entitled to any form of relief for any wrong or injury. Brum, at 321. Citron v. Nader, 372 Mass. 96, 98 (1977), quoting Conley v. Gibson, 355 U.S. 41, 45-46 (1957); Mass.R.Civ.P. 8(f). Massachusetts Declaration of Rights, article XI. "A complaint is not subject to dismissal if it could support relief on any theory of law" [Whitinsville Plaza, Inc. v. Kosteas, 378 Mass. 85, 89 (1979)], "even though the particular relief [which plaintiff] has demanded and the theory on which he seems to rely may not be appropriate." Nader, 372 Mass. at 104 (citations omitted). "A complaint should [also] not be dismissed simply because it asserts a new or extreme theory of liability or improbable facts." Jenkins v. Jenkins, 15 Mass.App.Ct. 934, 934 (1983). "[I]t is important that new legal theories be explored and assayed in light of actual facts rather than a pleader's suppositions." New England Insulation Co. v. General Dynamics Corp., 26 Mass.App.Ct. 28, 30 (1988) quoting 5 Wright & Miller, Federal Practice and Procedure, §1357 at 603 (1969 and supp. 1987). Patriarca v. Center for Living and Working, Inc., 1999 WL 791888 at 4 (Mass.Super. Sept. 8, 1999) (Wernick, J.). ARGUMENTS 1.Where Article V of the Massachusetts Declaration of Rights requires all public employees of the three branches of the government of the Commonwealth of Massachusetts to be accountable to the people at all times, this court is precluded from applying
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