Hmmm, Who Needs Jesus?

The current water clerk for the town of Lexington has commented on our blog concerning possible unethical relationships in the Town of Lexington. In one comment she stated we "need Jesus." In a second comment, she used a vulgarity.

My, my, my...

That is why atheists flourish. They see little to emulate about many who call themselves Christians.

We believe that Jesus taught us to follow the laws of the land unless they opposed His laws. We've known many who have given up lucrative contracts in order to avoid the appearance of evil. Obviously, they don't work for the Town of Lexington.

*****

It's always our policy never to publish, or at least delete, any comments that contain profanity, vulgarity, libelous content, etc. If Ms. Stell wishes to republish the comment without the vulgarity, we will be happy to publish it.



Shoalanda

Heroin v. Methadone

Is Methadone the answer? We’ve heard many say that methadone clinics just trade one addiction for another. To an extent, that’s true, but there is also a very big difference.

Heroin is illegal. Period. It’s not legal in any state or territory. If you use heroin and are caught, you are in quite a bit of trouble. Once a physician treats a heroin addict, the patient will have a legal prescription for methadone. The patient will be highly regulated and every attempt to wean him/her from the addiction is made under close supervision which protects both the patient and the public.

Not all methadone patients are on the drug for life. Even if treatment is extended, it’s still far better than purchasing drugs on a street corner and winding up just a little bit dead.

Where should a heroin addict go for help first? We have two answer for that. In other words, it depends on the addict himself. We have information from two sources and will be discussing it more at a later date.

In the interim, if any readers have experience with local treatment centers, or comments on this addiction, feel free to send them. As always, they will be anonymous.

If any reader doesn’t feel comfortable e-mailing us from a personal account, we suggest G-Mail as the easiest method to set up a new account using a screen name. These are also helpful when responding to various offers, etc., online when one doesn’t want a personal mail box full of spam.

Shoalanda

Criminal...Or Just Unethical?

We usually, during any campaign season, receive documentation concerning the past exploits of various candidates. This year has been no exception.

Many it would seem don’t understand the difference between ethical lapses and outright criminal behavior. If you’re the mayor and you hire your brother-in-law to perform work that is in excess of a certain amount, you may be subject to certain ethical violations since you didn’t bid the job out.

Hiring one’s shiftless relatives is not quite the same as robbing a bank, nor is a financial judgment. Many individuals have judgments and/or garnishments due to medical bills not being paid in sixty seconds or simply because they are in dispute. These are out neighbors, family, and sometimes even ourselves.

Many argue that those who need money can be bribed. We’re sure this is true in some cases, but we refuse to paint all such people with the same guilty brush.

Research your candidates well. Alabamians are not noted for intelligent decision at the polls. If you do have concerns, ask the candidate. We will give Lexington Chief Augie Hendershot props on this issue since he has proclaimed he answers every call and every question from Lauderdale County citizens.

Your vote, your choice, and your onus for four years once elected.

We’ve had more e-mails concerning what may or may not be an unethical situation in the Lexington Municipal Court. The “good” news is that municipal courts don’t handle felonies; the “bad” news is that one convicted in municipal court may still be subject to hundreds of dollars in fines.

We advise anyone with questions about a previous conviction in Lexington Municipal Court (after the marriage of Chief Augie Hendershot and Clerk Jennifer Sledge) to contact an attorney. If he/she thinks you have a case, rest assured you won’t be the first to sue that Lauderdale County town. It would seem Lexington may have the same “above the law” attitude of the Alabama Music Hall of Fame?

Shoalanda

Euthanized for Spite?

Euthanized for spite? That's the story. Did it happen?

We've edited this blog due to new reports. We will update this as soon as more verifiable info is sent to us.


Shoalanda

AMHOF: $713.00 v. $15K

Wiley Barnard, former director at the beleaguered Alabama Music Hall of Fame, owes his erstwhile emploiyer 713.00. AMHOF owes him 15K. Isn’t it nice the TimesDaily article on discrepancies and other folderol at the AMHOF dealt mainly with the 713.00 debt? Not to mention the even more startling revelation much farther down in the story that the HOF’s board had never bothered to announce their meetings? We believe that’s where the expression “sheer unmitigated gall” comes in.

Now, we ask if the board will have to pay a hefty fine for violating the Sunshine Law? If the HOF wants the help of Alabama taxpayers, it has to be open and transparent with both its personnel and financial dealings. No access; no money.

Also, after David Johnson’s dismissal as director, the board made sure the volunteer association affiliated with the HOF knew it was no longer wanted. Once it disbanded, the board started a new volunteer group to raise funds, or at least this new group was founded with the board’s blessing. Is Buel Springer as eager to have this second group audited as he was the first.

In reality, volunteer groups usually face no audits. A major caveat: Be careful where you donate your money. We prefer to give to such animal rescue groups as HASRA. Sure, their clients have less hair that those the AMHOF fawn over, but we’re sure they’re much better kissers...

Shoalanda

Is Lexington Running an Ethical Municipal Court?

While we have offered to publish any comments/platforms from Lexington Police Chief Augie Hendershot, we have so far received none. No matter, our friend O.B. Has been privileged to receive a missive from Hendershot, current Democratic nominee for Lauderdale County Sheriff, and we will publish some of H. Hollow Hendershot’s words of wisdom in coming blogs.

We have also been notified that Hendershot’s current wife, Jennifer Sledge Hendershot, is not only the Lexington Town Clerk, but has input into any arrests via her additional duties as Municipal Court Clerk/Magistrate. The reader who informed us wanted to know if this arrangement was a conflict of interest and an illegal Lexington practice since it could be considered "a flagrant conflict of interest." While this scenario certainly seems to entail a conflict, we had never considered this aspect of the arrangement and we are not juris doctors; however, we do have several friends/advisers who claim that distinction, and we are attempting to secure a comment on the legality of such.

To the reader who asked if we have obtained copies of Hendershot and Sledge-Hendershot’s latest divorces, we have not. Unless there is material that suggests something illegal (physical abuse usually), we don’t choose to publish information of that kind. Merely the number of divorces in Hendershot’s background proves him one who at best has an extremely warped idea of family values. What we will publish before the election is a list of those who have contributed to Hendershot’s campaign.

Lauderdale County, albeit growing slowly, is still the largest in Northwest Alabama; it needs experienced leadership in the office of sheriff...not a circus clown.

Shoalanda

An Interesting Contribution for Frank Williamson?

Artwork by Reader

From a reader:

Since Frank Williamson isn't running as being a family man but as a Sheriff who is going to fight drugs and crime.... here is his latest contribution list. It has listed a large amount of money from White Oak Farms and one finally says White Oak Farms/William T. Gargis, Sr. Now see the link below that shows an indictment again Tony Gargis, Sr. & Tony Gargis, Jr. This should give proof beyond a doubt that Frank Williamson is taking money from those who are on the opposite side of the law. His pockets are getting VERY greased.

*****

Of course, in the Shoals, if those who had never run afoul of the law were the only ones to contribute, few candidates would receive any contributions. We'll have more on this later.



Shoalanda

More Hydrocodone Hijinks Explained by Experts

From an extremely reliable source:

Try 8 a pop on hydros. Also, pill heads have a preference. Some only like blue lorcets, some pink, nobody likes generic... its so arbitrary but that's how it is. An 80 mg oxycontin will sell for 80 dollars, however in the form of Percocet, a 5mg pill could very well sell for 3 because its not injectable... it can be snorted but it comes with a lot of Tylenol and filler.

Another correction from a second reader:

I’m familiar with the incident at the local nursing home. I don’t believe there were any accusations against anyone in regard to appropriating optional doses of hydrocodone, but it could happen at any nursing home or hospital when scrips are written as “optional.” And while the patient at the center of this investigation, if you want to call it that, did pass away, I don’t believe it had to do with any missed doses of pain meds. She was a very sick woman.

The whole scam, and I do believe that’s what it was, involved dispensing only partial amounts of a scrip. In this instance only 24 hours of med were initially delivered on a 15 day scrip. Then a pharmacist or nurse requested a second “corrected” scrip which was written for 15 days with 14 days delivered. Who benefited down the line, I’m not sure or how the pharmacy covered it up without a patient’s name being changed in the records. It also involved falsifying some nursing records and was most certainly covered up by circling the wagons at the facility (for whatever reason). I’m hoping other families of patients at this particular nursing home will catch something similar and report it. Just wanted to clear that up for all medicine nurses out there who don’t pocket optional patient dosages.

*****

Assuming the above is correct, and hydrocodone does go for eight dollars a pop, each time the “scam” was run, it benefited someone to the tune of 960.00. It still sounds like a dangerous game to us, but many throw caution to the wind where money is involved. We’ve advised our two informants to go to the district attorney’s office. As we’ve often said, it’s better to let the authorities sort it out than wait for the press or certainly for the facility’s administration to put a stop to such shenanigans.

Shoalanda

DHR Letter from Mark Davis

The below is a letter written by Mark Davis sent to Bob Maddox of the Administrative Office of the Courts and the Alabama Child Support Advisory Committee. The Committee Meets on Friday morning July 25, 2014.


July 22, 2014

Mark D. Davis
[REDACTED]
Florence. Alabama 35633
[REDACTED]@icloud.com

Mr. Bob Maddox, Legal Division AOC
300 Dexter Avenue
Montgomery, Alabama 36104
[REDATED]@alacourt.gov

Re: Advisory Committee, Child Support, July 25, 2014

Dear Mr. Maddox:

I have the following concerns about the state of Alabama??™s application of child support services, child support enforcement and application of Alabama Rule 32 ARJA as related to Federal Title IV-D funding.

I am a voter, Alabama citizen, and an active divorced parent to a 12-year old daughter. In 2002, when our daughter was 18 months old, I was awarded equal custody in the state of Tennessee on a four-day rotating basis and ordered to directly support our daughter. The Tennessee order was implemented consistent to Title IV-D mandates revised in 1997 of the Federal Public law 104-193. I have always fully supported my daughter willingly out of love for her. In 2006, after my daughter??™s mother and I moved to Alabama, and while the 2002 Tennessee judgment remained pending on remand from an appeal in Tennessee, the state of Alabama modified the Tennessee judgment without requiring the Tennessee judgment properly registered pursuant to the Uniform Interstate Family Support Act (UIFSA). Ala. Code 1975, § 30-3A-101 et seq., mandated by Title IV-D of 42 USC 666 and Public Law 104-193.

The 2006 Alabama child support judgment was reversed by the Alabama Appellate Courts in 2007, 2009, 2010, 2012 and 2013.

In July 2012, I filed a federal complaint against three trial court judges, several employees within DHR, the local DHR attorneys and several local attorneys. The federal complaint was dismissed on immunity grounds and that decision was upheld by the 11th Circuit COA in November 2013.

In 2010, the Alabama DHR became involved in the private pending state court legal case to which the mother at all times had two private attorneys for legal representation.

In 2010, with the Alabama child support issue reversed and pending a hearing in the state trial court, the Alabama DHR was provided timely notice that the Tennessee judgment was not UIFSA registered.

At all times, including currently, the Lauderdale County Alabama DHR, Alabama DHR, Lauderdale County District Attorney Chris Connolly and/or AAG Jennifer Mims Bush have argued legal positions to the trial court, in briefs to the appellate courts, and to the State DHR hearing Officer Louise Shaddix in a state level DHR Administrative hearing indifferent to, and inconsistent with, federal Title IV-D law mandates.

A social worker at the Lauderdale County DHR explicitly advised Lauderdale DHR does not act without first seeking, and gaining approval from AAG Bush in individual cases such as mine.

I have multiple documents from my case showing not only is the Alabama DHR not honoring federal Title IV-D mandates, the Alabama DHR is not correctly training its social workers, the District Attorneys, the trial court judges, the appellate court judges and this committee.

In addition, and the purpose of this letter, Rule 32 ARJA conflicts with Alabama Code Section 30-3-150 et seq. Section 30-3-150 was enacted solely due to federal mandates of Title IV-D and Federal Public Law 104-193 for the state of Alabama to receive federal incentive funding. Records show the state of Alabama AOC and DHR are receiving such federal granted funding to implement alternative custody and support arrangements. However, the DHR and the AOC is not training judges and attorneys on this issue.

As for deviations from Rule 32 ARJA at (A)(1) states, “(a) Shared physical custody or visitation rights providing for periods of physical custody or care of children by the obligor parent substantially in excess of those customarily approved or ordered by the court… The existence of one or more of the reasons enumerated in this section does not require the court to deviate from the guidelines, but the reason or reasons may be considered in deciding whether to deviate from the guidelines…”

The Alabama appellate courts are not mandating trial judges or attorneys use parenting plans created with parental involvement on the issue of custody. Instead of making judicial determinations on the narrow facts of a situation that fosters two-parent involvement in children??™s lives, when the parents are no longer living together, absent an agreement by the parents, the trial courts order a “standard visitation schedule”. Despite local Rules have been abolished by the Supreme Court, every Alabama county uses a different standard visitation schedule. These local schedules are created by attorneys and local bar association, approved and used by the court, regardless of situations where one parent wants to be active in their child??™s lives. The appellate courts indicate any disagreement by the parents is a basis for not awarding joint physical custody or alternative parenting plan custody arrangements. This is contrary to the federal intent of Title IV-D that parents not the state should be making these decisions using parenting plans.

The conflict for parents is typically fostered by attorneys, general knowledge the state supports only one parent involvement that mandates fighting a court custody battle, and/or vague and difficult to understand restrictive standard visitation schedules. Often the pick-up and drop off times will vary for certain holidays during pending divorce and post-divorce. Or the schedule is written in a way not even attorneys can agree to its plain and ordinary meaning. This creates strife in the lives of the parents and children.

Federal Health and Human Services Data, Alabama DHR Data and creditable family dynamic research shows children are much better adjusted with two-parent involvement with the closer to equal time in the children??™s best interests when each parent is fit. The same data show Alabama??™s use of standard visitation arrangements is harmful to children and society.

Alabama DHR and US Department of Health and Human Services statistics reveal that children from one parent homes account for: 90% of homeless and runaway children; 85% of youths sitting in prison; 80% of rapists motivated with displaced anger; 75% of adolescent patients in chemical abuse centers; 71% of pregnant teenagers; 71% of high school dropouts and 63% of youth suicides.

The state of Alabama since 1997 has accepted federal Title IV-D grant funding to implement alternative child custody arrangements and parenting plans by placing parents in charge of their children rather than the state. However, Rule 32 ARJA conflicts with Federal mandates. The DHR and AOC is not properly training judges on the importance of two parent involvement.

It appears the state presumes federal child support incentive funding will not arrive should the local courts mandate parents to have more than “standard visitation” with the non-custodial parent as Rule 32 describes or otherwise to order both parents to directly support their children.

In my case, the state of Tennessee honored the federal Title IV-D mandates. Alabama does appear to know what they are. The below shows Alabama DHR and AAG Jennifer Mims Bush is not properly training the DHR nor the judiciary. Facts show the DHR is taking actions to which no statutory or judicial authority has been granted by the legislature. Said acts and omissions are in direct violation to the state of Alabama??™s state plan 42 USC 654 filed with the Federal Government. This violates 42 USC 666, CFR 205.10, due process, equal protection and other federal laws.

Federal Title IV-D mandates citizens must be given a hearing by an independent judicial and/or administrative hearing officer. See 42 USC 666.

Mrs. Louise Shaddix, the DHR administrative hearing officer verbally agreed in a DHR hearing that everyone at DHR is well aware the Tennessee judgment in my case must be properly UIFSA registered before Alabama has legal authority to act. I have audio of her verbal statement.

Mrs. Shaddix admitted she is employed by the Alabama DHR, and her office is located in the DHR headquarters in Montgomery, Alabama. She indicates she has more than 30 years with DHR.

Despite Shaddix??™s verbal statements her administrative order affirmed all DHR acts and omissions in my case.

42 USC 654 and 42 USC 666, CFR 205.10 sets forth due hearing requirements that shall meet due process standards. See CFR 205.10 (“State plan (42 USC 654) under title I, IV-A, X, XIV, or XVI(AABD) of the Social Security Act shall provide for a system of hearings under which: (1) The single State agency responsible for the program shall be responsible for fulfillment of hearing provisions which “shall meet the due process standards set forth in the U.S. Supreme Court decision in Goldberg v. Kelly, 397 U.S. 254 (1970), and other due process standards as set forth in 205.10.”).

The Alabama DHR, including Mrs. Shaddix in the administrative hearing, repeatedly indicated DHR is representing only the Mother. This position is not consistent with Alabama code Section 38-10-1.1 or an Ethics Opinion issued by the State Bar in 1996 that indicates the DHR only interest is in representing the states interests in the child. The same was provided to Shaddix and DHR.

As the facts of my case show, if the state has not paid monies for the direct benefit for the child – the state has no compelling interest to take any legal position inconsistent with federal mandates. Rather, it has a duty under law to advise the judiciary of the Title IV-D requirements including UIFSA mandates.

But, of course, the facts of my case show, the DHR doesn??™t know Title IV-D law, instead does what it wants with no accountability to anyone.

DHR Adverse Action Prior to Due Process Hearing

In December 2012, when the child support issue was pending on appeal in the Courts, the Lauderdale DHR social worker Judith Shelton took administrative action adverse to me prior to providing a due process administrative hearing. This is a federal mandate of the state plan 42 USC 654, 42 USC 666, CFR 205.10 that requires DHR to honor due process requirements of Goldberg v Kelly of the US Supreme Court.

DHR Adverse Acts Prior to Due Process Hearing

Specifically, Judith Shelton reported alleged child support arrears to the credit reporting agencies and issued tax-offsets. Although, I timely filed a due process administrative hearing request in December 2012 out of an abundant of caution because DHR is known to me based upon information and belief not to honor Federal Title IV-D mandates. At that time DHR was acting judicially in the courts. No administrative hearing was granted and the issues of credit reporting or offsets were not before the circuit court. I discovered said adverse acts by Ms. Shelton??™s own admission in a March 3, 2014 administrative hearing with Shaddix. Alabama and federal law show when an administrative hearing request is made a hearing must be given and no adverse action can be taken during the pending hearing request. The DHR Billing notices clearly indicate the same. No administrative hearing was granted on the December 2012 request. The Shaddix hearing was timely requested in July 2013 upon my receiving my very first child support billing notice from DHR. Yes, this is correct. I received no billing notices from DHR prior to and until July 2013. I had no prior notice from DHR of its December 2012 administrative acts until the March 2014 administrative hearing timely requested upon arrival of the first billing notice.

Credit Reporting of Arrears Not Codified by State Statute

As to the reporting to the credit agencies, the Alabama legislature never codified in statute for the reporting of child support arrears to the credit reporting agencies. The Alabama DHR is acting outside the scope of the Title IV-D, and Alabama law in violation of Ala. Constitution 1901, Art. III, Section 43.

The Alabama legislature codified every aspect of 1996 Federal Title IV-D mandates on child support enforcement except for the state reporting alleged arrearages to the credit reporting bureaus.

Title IV-D requires the states to first enact state law that supports Title IV-D. It does not create federal law for the states to enforce without authority from the state legislature.

State Law and State Plan Governs DHR Authority

This is shown by reviewing the Alabama State Plan filed with the federal government mandated by Title IV-D, 42 USC Section 654.

a. Example One:

The State Plan filed under 42 USC 654 shows Alabama elected not to enact a law requiring the use of procedures for enforcement of child support orders with respect to a child of minor parents, if the custodial parent is receiving welfare assistance under Part A of Title IV-D, that shall be enforceable, jointly and severally, against the parents of the non-custodial minor parent of such child in accordance with 42 USC 466(a)(18).

The state of Alabama legislature did not enact this particular Title IV-D mandate and it is not enforceable by the Alabama DHR.

b. Example Two:

The State Plan indicates it has in effect laws requiring the use of procedures authorizing withholding, or suspension or restriction of driver's licenses, professional and occupational licenses and recreational and sporting licenses in accordance with 42 USC 466(a)(16).

However, at the time the State Plan was approved the Ala. Code did not include “Sporting licenses”.

The State Plan notates this fact and said “Sporting licenses” will have to be added to the list of type of licenses and will require amending Alabama's license suspension act in the 1999 session.

c. Example Three:

The State Plan indicates Alabama has procedures in place on the reporting of arrearages.

The Alabama Code the DHR in its child support policy and procedural manual relies upon to grant it authority to report to the credit agencies is Section 38-10-7 enacted in 1979.

A further read of Section 38-10-7 said “(The) Court making the determination” …. “shall retain jurisdiction…”

Nowhere in Ala. Code Section 38-10-7 does it expressly mention credit reporting of arrears or the granting DHR the authority to automatically take enforce actions without court authority.

The consumer credit reporting section of Title IV-D Law 42 USC 666 was not enacted by the federal government until 1997. See Public Law 104-193.

It is a legal impossibility for the DHR to presume the Alabama Legislature intended for Ala. Code Section 38-10-7 to replace the Legislature??™s refusal to enact a 1997 provision of Title IV-D Section 466(a)(7).

It is not within the providence of the Alabama DHR to act as a legislative or judicial body. Ala. Constitution 1901, Art. III, Section 43. Also see US Constitution Art. I, Section 1; Art. II, Section 1; Art. III, Section 1. Also cnf. Ex parte Christopher, (1120387) ___So.3d___ (2013).

DHR Failures to Follow Federal Title IV-D Mandates

Now, back to DHR failures to follow federal mandates. In 2010, 2011, 2012, December 2013 and January 2014, the undersigned requested to view the entire case file the Alabama DHR has on me and our daughter. The DHR refused.

The Lauderdale DHR social worker advised me that Jennifer Mims Bush advised her not to allow review of the case file, although, I had subpoenaed the case file quoting federal case law and US Supreme Court case law of my due process right to view the file. Said subpoena was squashed by the Alabama DHR Hearing officer Louise Shaddix. Shaddix indicated I didn??™t have a right to view my case file. Although, the State Plan 42 USC 654 due process mandates of CFR 205.10 said I have a right to review the entire case file.

In the Administrative hearing Lauderdale DA Chris Connolly said, “We are in the 11th Circuit, I don??™t have to honor 8th Circuit law” which I had provided to the DHR to support my federal legal rights to view the file.

The 8th federal circuit held a plaintiff should have a reasonable opportunity to prepare his defense subject to CFR 205.10 due process safeguards. Page v. Preisser, 585 F. 2d 336, 341 (8th Cir. 1978)(“Reasonably construed, 45 C.F.R. § 205.10 "plainly entitles the [recipients] to examine the entire contents of their files prior to and during an appeals hearing.").

Because a state chose, voluntarily, to participate in the federal program. In doing so, it is obliged, in promulgating regulations, to conform to federal regulations. See Shea v. Vialpando, 416 U.S. at 253. Otherwise the acts are void under the supremacy clause.

In my case, as quoted to the DHR, including Jennifer Mims Bush, the US Supreme Court has specifically held that, under the Supremacy Clause, federal Spending Clause legislation trumps conflicting state statutes or regulations. See Blum v. Bacon, 457 US 132, 145-46, (1982) (holding the provisions of a New York welfare program that conflicted with federal regulations under the Social Security Act invalid under the Supremacy Clause); Carleson v. Remillard, 406 U.S. 598, 604 (1972) (holding a California regulation that conflicted with the Social Security Act invalid under the Supremacy Clause); Townsend v. Swank, 404 U.S. 282, 285 (1971) (holding an Illinois statute and regulation that conflicted with the Social Security Act invalid under the Supremacy Clause). The 8th Circuit Court applied these cases to invalidate state regulations under the Supremacy Clause. Jackson v. Rapps, 947 F.2d 332, 337 (8th Cir.1991) (invalidating a Missouri regulation under the Supremacy Clause because it conflicted with federal regulations under Title IV-A of the Social Security Act, 42 USC §§ 601-615 (1988)), cert. denied, 503 US 960 (1992).

The above cases stand for the proposition that the Supremacy Clause indeed applies to Spending Clause enactments and makes them supreme when challenged by conflicting state enactments. Also see King v. Smith, 392 US 309, 316, 326-27 (1968) ("once a state has accepted federal funds, it is bound by the strings that accompany them").

In June 2013, the DHR Lauderdale District Attorney Chris Connolly filed a petition for contempt in the Lauderdale County Circuit Court against me. The contempt petition indicated I was in contempt of an April 5, 2013 order. All issues of the April 5, 2013 order were on appeal in the Alabama Appellate Courts when the DHR filed its contempt petition in the circuit court.

Despite the above stated Title IV-D, 42 USC 654, CFR 205.10 and Goldberg v Kelly due process violations and contrary to law and regulation, the DHR sought, and the circuit court determined on September 17, 2013, I was in contempt for 60 months and jailed me for 60 days. Although, I provided receipts of direct expenses expended on the child for more than $23,000.

Remember during this time the Alabama child support issue had been reversed multiple times and the only valid order, the Tennessee order that ordered me to directly support our child. The Tennessee order has never been UIFSA registered in Alabama in accordance to 42 USC 666. The record shows state has never paid any monies for the child.

Also, remember the trial court is solely trained by the Alabama DHR on Title IV-D mandates under contract with the AOC.

In my case, the Alabama DHR has repeatedly taken legal positions without affording me an independent hearing.

The DHR has been and is acting contrary to Title IV-D mandates in the taking of legal positions with the trial court and appellate courts that are contrary to federal mandates.

These issues are not presented for resolution by the committee. They are presented to show the committee that the state of Alabama DHR - trained by Jennifer Mims Bush - and the AOC contract with the DHR, and its acts and omissions are out of compliance with Title IV-D mandates on multiple issues.

CONCLUSION

The Alabama AOC receives Federal Title IV-D incentive funding. The AOC has a contract with the Alabama DHR on child support issues, which in turn goes to the County level DHR. My case file shows more than one case number for only one child. I have not been afforded due process protections that Alabama agreed with the federal government. I have not been allowed to review my case file. DHR has taken adverse action to me without affording me a hearing as I timely requested. DHR is not authorized by Alabama statute to report child support arrears to the credit reporting agencies.

The problem: there is no accountability. The judicial branch automatically defers to the executive branch Alabama DHR and Jennifer Mims Bush. The DHR and Jennifer Mims Bush does not honor federal Title IV-D mandates. Nor does the DHR properly inform those placed in charged to educating. Said acts and omissions are violating the separation of powers clause of the Alabama and US Constitutions and the supremacy clause, the due process clause and the equal protection clause of the United States Constitution.

The state of Alabama out of compliance with Title IV-D mandates and these issues must be addressed. The starting point is making Rule 32 ARJA consistent with Alabama Code 30-3-150 et seq. enacted to receive federal funding under Federal Public Law 104-193. That is to do away with standard visitation schedules throughout the state and mandate Rule 32 provide for alternative child custody arrangements and alternative child support orders.

Thank you for your consideration of the above referenced facts and I look forward to hearing from the committee in a timely manner.

Respectfully Submitted,

/s/Mark D. Davis________________________
Mark D. Davis

XC:

Gordon Bailey, Chairman,
300 Dexter Avenue
Montgomery, Alabama 36104

Judge Aubrey Ford, Jr., Co-Chairman
Jennifer Mims Bush, DHR Legal Counsel
Faye Nelson, Alabama Child Support Director
Angela Campbell, DHR Program Mgr Mobile County
Penny Davis, Alabama Law Institute
Mr. James D. Jefferies, Esq,
Mary Moore, Circuit Clerk Perry County, Alabama
Julia Kimbrough, Attorney Shelby County, Alabama
Judge Julie Palmer, Circuit Judge Jefferson County, Alabama
Judge Billy Bell, Circuit Judge Madison County, Alabama
Mr. Stephen Wright, Esq.
Mr. Stephen R. Arnold, Esq.
Mr. Scott Hoyemm Alabama Administrative Office of Courts
Mr. Alex W. Jackson, Esq. Alabama Supreme Court
Michael Polemeni
Ms. Faye Nelson, Child Support Enforcement Division, Alabama DHR

Alabama Senator Paul Sanford
Alabama Senator Cam Ward

Mary Sell, Florence Times Daily
Josh Moon, Montgomery Advertiser
CBS 8 News Montgomery
ABC 32 News Montgomery
WSFA 12 News Montgomery
FOX News Channel
US Health and Human Services Office of Children and Families
US Congressman Mo Brooks

*****

We wonder if we'll be seeing any of this in the TimesDaily?



Shoalanda

News from the Courier-Journal

Things we learn from reading the Courier Journal:

1. Logan’s was the nation’s first casual steakhouse (founded 1991). Really? Then all those times we ate at Golden Corral, Western Steer, etc. we were actually enjoying fine formal dining? The mind wobbles.

2. Mr. Euell White states that the voting majority doesn’t know what “impeached” means. Actually, if it had been a game show question, we would have guessed the majority doesn’t know, but it’s nice to see Mr. White commenting on the state of education in the U.S. He's 100% right as usual.

3. Regular columnist Cathy has an extremely well-written piece about the pitfalls of promiscuity. I think her error is in not realizing many young women want to have a child for their boyfriends to kill so they in turn will have their fifteen minutes of fame with some sympathy rolled in.

We blogged recently on the death of a 13 month old while in the charge of Justin Matthew Green. Official reports indicated it had at least been considered the two older children could have killed the child. We have to ask if the youngsters, now five and six, are in some sort of state protective custody.

Oh, we’re sure if anyone asked, the answer would be DHR is monitoring the situation. Yep...that goes a long way in Alabama.

Shoalanda

Hendershot, Williamson, & Underwood?

We’ve had at least one reader question why the seeming lack of coverage of Colbert County Democratic nominee for sheriff, Frank Williamson. Our reader feels that our friendship with Billy Underwood has influenced us in some way, since Mr. Underwood is chairman of the Colbert County Democratic Party. The reader was also quick to point out that we have given Lauderdale Democratic candidate Augie Hendershot much negative press over some of the “same issues.”

First, Lexington Chief Hendershot was in a runoff for his party’s nomination; Mr. Williamson was not. Readers may rest assured that we will have quite a bit of coverage of Mr. Williamson at a later date.

Second, the proved problems with Hendershot and the alleged problems with Williamson are of a totally different nature. While Mr. Williamson has, according to the reader in question, been married four times, he has not used “family values” as a plank in his platform as has five times married Hendershot. In other words, while he may...or may not...be a hypocrite, he’s not been hypocritical over his family life.

Many of the allegations against Williamson are of an ethical or criminal nature. In other words, we here at Shoalanda are in no position to comment on them without more information (read: proof). Most of the negative comments we have made concerning Hendershot have been known to all of us here for years and 100% of them have been vetted. None of them concerns anything in the least illegal.

We will be discussing some of the issues our reader has with Williamson in the next few days; however, as we have advised the reader...and do advise any others with such information...criminal complaints should be taken to the appropriate state agency.

We’re going to touch on another difference between Hendershot and Williamson. Mr. Williamson has recently brought forth a platform enumerating his intentions if elected. We have not seen Hendershot even come close to that. If Chief Hendershot wants to send us any detailed plans for the sheriff’s office, we will be happy to publish them. In fact, as always, we will be happy to publish any press release he may send us.

Frank Williamson's Policy

Hmmmm, so Shoalanda is going easy on the Colbert County Democratic Party because she’s friends with Billy Underwood? She’s also friends with O.B., a rabid supporter of Augie Hendershot. You haven’t seen her go easy on H. Hollow Hendershot because of that fact, have you?

Shoalanda

Stars Don't Fall on Sweet Home Alabama

If you want to give a jeweler a good laugh, ask him to inscribe “Look how this ring encompasseth thy finger” inside a ladies wedding band. Why? It’s a beautiful line from Shakespeare, isn’t it. Yes, it was spoken by Richard III to Lady Anne; he married her with the intention of murdering her, and it wasn’t pretty, folks.

It would seem most of our pols in Montgomery are just as clueless when they espouse the “Sweet Home Alabama” lyrics to identify with our beautiful state. Even that sorry, lowdown Dem crook Don Siegelman was intelligent enough to know what Alabama needed in way of a colloquial advertising motto.

But let’s continue to be as dumb and inane as possible. The federal government likes states to be that way. Let’s never strive to rise above the chaff. If we did, it just might cause some high tech industries to look twice at us...or even some think tanks...and we certainly wouldn’t want that.

Thank God the motto “Sweet Home Alabama” no longer fits on our license plates. Not that our current plates have any artistic merit of which to boast. Even atheists are so appalled by the artwork they request the “God Bless America” alternative.

*****

Shoalanda

Local Hydrocodone Hijinks

The price of addiction? Not all drug crimes/sales/thefts are trafficking or involve as strong a drug as heroin. Some are so small as to hardly be worth risking...unless one was fairly sure he would get away with it. These crimes are thefts of various narcotics for personal use.

Recently we’ve heard of two such instances in the Shoals. Imagine this scenario: An ambulance is called to the home of extremely ill patient. A frantic family member hands the attendant a paper bag with the patient’s medicines inside. The paramedic then rides in the back of the ambulance to the emergency room. Upon arrival, he hands the appropriate person the bag of drugs, which now is minus any narcotics.

A savvy family member reported this crime, and the person responsible later admitted his guilt and was arrested in Franklin County, charged with simple theft of a small amount of narcotics. We say small amount since most narcotic scrips are limited in number initially and obviously contain a varying number of pills at any time during the (usual) month.

We understand that hydrocodone goes for about two dollars a pop on the street. Did this felonious ambulance personnel make any money from his theft? We’re guessing it could have gone either way, but the pilfered pills were probably for his own use.

How about an even smaller crime? We’ve reported earlier on the problems at a Lauderdale County nursing home where patients were not receiving their hydrocodone as prescribed. Was this a huge theft? No it could have been as little as one or two pills each day. Obviously, this would indicate someone with a personal need or someone who assisted others with his/her personal need.

How did it work at the nursing home? One patient in this scenario, now deceased, was receiving 10 milligrams of hydrocodone every three hours. The prescription was written so that the 3:00 a.m. dosage could be omitted if the patient was sleeping and appeared comfortable.

What would a medicine nurse do if this were the case? We hope she would note that the dosage wasn’t given, but who would know if she slipped the single pill into one of her numerous pockets and charted the drug as administered? The exact number of pills someone could steal in this manner would never be great and would depend on the number of patients who had drug orders with this much leeway.

As far as we know, the situation at the local nursing home was never resolved. Was it covered up? We can’t say that it was or wasn’t, but our source has never heard the results of any investigation. Intentionally swept under the rug? Perhaps it’s simply that with so little proof, there was nothing nursing home authorities could do. In this particular case, there were other full hydrocodone scrips totally unaccounted for, and we continue to monitor that situation.

The moral of these small thefts? If you have a family member or friend who isn’t able to speak for themselves, be vigilant. Only a desperate or very misguided person would steal from someone who cannot take care of themselves but it happens even at reputable ambulance companies and Christian nursing homes.

We believe in leniency, but we also have to ask: If someone steals one or two pills because they have the chance, why wouldn’t they steal hundreds if the same chance arose?

Shoalanda

Is Justin Matthew Green a Killer?

Often we know we’re preaching to the choir on many issues. Surely all of us, who are even minimally sane, want to protect our children. Then why don’t we?

How many times do we read of a child found dead while in the care of the mother’s boyfriend? And please tell us about this phenomenon...why leave your children in the care of someone younger than you (oh, sure he’s a stud!) and who has absolutely no idea how to take care of a cocker spaniel much less a human child? Why?!!!!!

Let’s look at Justin Matthew Green, all of 25 years of age. He’s been charged in Lauderdale County in the death of one of his girlfriend’s three children (God only knows where the father/s was/were). An electrical cord was...somehow...wrapped three times around the neck of the youngest child, aged 13 months. Did Green do this intentionally?

There were two older children in the home, aged four and five, who could have done the crime in a joking way, not realizing the consequences of their actions. Both young children deny abusing their young sibling.

Now we have to ask another question or two. Do the police actually think one or both of the young children killed their sibling, either intentionally or accidentally? If so, the charge of criminally negligent homicide is appropriate for Green. Psychological help is also indicated for the entire family. Or do authorities think Green intentionally killed the child himself and don’t have the evidence (at least yet) to prove it?

Justin Matthew Green is in all liklihood much more of a killer than Jodey Wayne Waldrop, yet he will one day walk free and live as normal a life as someone of his intelligence/morality can. No one said life is fair, and our judicial system proves it everyday.

We’re going to add a word of warning to young mothers: Sex/Affection is not worth more than the life of your child, or at least it shouldn’t be to any caring, intelligent person. If you can’t take care of a child, don’t have one. Yeah, we know...that last piece of advice is going to go a long way.

Shoalanda

Colbert County Schools Unimportant?

We’ve had some interesting comments on the state of security/ambiance/fuzzy feelings at Colbert Heights Elementary School. A recent blog commented on remarks from parents who were pleased with the changes that made school access easier, as well as proclaiming vaguely “you know, it’s just better.”

We’ve found when one asks for examples of either good, bad, or indifferent, a glaringly nebulous answer is all one receives; however, after our blog several (presumed) mountain matriarchs commented sentoriously that there had been few changes along those lines and we were just “stirring the pot” to mention them.

First, we have never been inside said school; all our information comes from parents and faculty. So we obviously have some parents who want this “betterment” advertised as proof of Mr. Montgomery’s failings, while we have other parents who wants this change relegated to the “it’s so minute, it hardly matters” department.

We’ll still accept comments on the security/ambiance/decorating/local color metamorphosis, but for those who disagree, please don’t shoot the messenger.

Now, for those who wish no more said about CHES, let us ask why? In case you, as parents/taxpayers are not aware, lawsuits are still extant against the Colbert County Board...not just arising from CHES, but related to draconian personnel changes at other Colbert County Schools as well. You may not care how your taxpayer dollars are used, but rest assured most do.

Second, let’s suppose Bob Montgomery (as well as two or three others) wins not only a large financial settlement from the school system, but also is allowed to return to his previous job from which he was suddenly extricated screaming and kicking. You who seem to like the current menage of teachers/administrators at the CHES should be aware that this is a possibility. Old news? Hardly, it’s still developing, and we will comment on it.

Shoalanda

You Can Say It Here...Well, Most of It

We’ve always stressed our policy on guest editorials/blogs/columns. They don’t have to follow our lead; they can be diametrically opposed to our ideologies as long as they aren’t violent, profane, or libelous. So we were a little shocked when a friend asked if we would publish an editorial in support of Augie Hendershot for Lauderdale County Sheriff.

Obviously the answer is “yes.” Just as obviously we will also stand waiting with quill in hand to rebut the rebuttal. We’ve never been accused of being short on verbiage. Political debate is good for the system. Voters need to be involved and educated. Sadly, that seems to be a rarity in Northwest Alabama.

We don’t expect anyone to vote for a candidate simply because anyone here says to. We do expect voters to be able to give a logical reason for voting as they do. Remember, a little knowledge is a dangerous thing. Learn a little. Live dangerously...

*****

We’re accepting restaurant reviews for the Shoals Cuisine blog. Besides eateries, we accept reviews of prepared foods, as in packaged barbeque, rolls, pizza, etc. Fill us in on your favorite places to eat or your favorite supermarket buy.

Shoalanda

Standing for Office is Expensive!

For those who may not know, for whatever reason, running for office in today's highly specialized world is expensive. First a candidate must pay a registration fee; that's small potatoes compared to the advertising that's required to make oneself known.

So how much would a political candidate normally shell out? It depends. Obviously candidates for state and national offices receive numerous contributions from business interests...ahem. What about local candidates for county offices? Some of them also receive such contributions, mainly from friends and family. It's still an expensive business for someone who doesn't make a large salary...or someone who can't afford to invest in a failing effort.

How does such a candidate fund his/her campaign? We've heard the current wife's divorce settlement makes a nice start.



Shoalanda

Thoughts on Two Failures...

What of the Cypress Lakes golf course? We understand that this property also includes tennis courts and other amenities. Unlike the golf course, upkeep to these venues seems to be minimal.

Do the citizens of Muscle Shoals want to sell Cypress Lakes after so many of their tax dollars have been poured down the 18 holes? Do they want to throw good money after bad?

A reasonable solution might be to lease the facilities to a management company. The city’s monthly income would be regular and guaranteed. Such arrangements often work well, but some do not. It’s an idea that the Muscle Shoals City Council should look into.

Has the former International Paper Company already been purchased? That's the rumor; however, there doesn't seem to be any paper trail in the state. Options, etc., aren't always filed at a local courthouse, so the tales of a new small, non-union paper mill may be true. Stay tuned...

Shoalanda

MS Industries & Ignorance?

We just love it when words are misused, especially when they become code for something else. Urban? Of course to many that means “inner city” or “ghetto.” Undocumented immigrants? We all know what those unfortunate people are, but let’s not offend them with the word “illegal.” Hmmmm, for that matter, why offend anyone with the word illegal. What’s illegal in some places is legal in others—think fireworks...or honor killings.

One word that certain groups have misused for decades is “ignorant.” We’ve just read of the tragic shooting of a New Jersey police officer. His killer was also killed, but some in local government are upset the killer should be publicly memorialized. Those who knew and loved the alleged burglar who shot the officer are hurting as well. City officials are calling these memorials to the gunman “ignorant.” No, those creating the memorials have a different opinion based on different values and emotions. They have all the facts...they are not ignorant.

How about a less tragic issue, one closer to home? MS Industries? Any readers have thoughts? As of now, we’re still open to information and opinions. When we or anyone forms an opinion on MS Industries at Wolf Springs, it will certainly not be a universal opinion held by all. No matter which side one takes, he/she isn’t ignorant. Different values and goals for this area will finalize the opinions of local citizenry. Let’s hope our local governments make the right choices in either supporting or refusing to work with this industry.

Shoalanda

Why No Viable Candidates?

Why do we keep electing the wrong candidates, over and over? Obviously, it could be because the “right” people don’t become candidates for elected office; they remain in the private sector where they make the most money.

What makes a candidate wrong? We often hear that many vote for candidates on one issue in particular. The candidate is anti-abortion? Good, then it doesn’t matter where he/she stands on roads, home rule, or improved care of our incapacitated citizens, much less the animal population.

We were reminded of that when we looked at some literature Randal Haddock left on our door. While we support Haddock in his quest to become the Democratic nominee for Lauderdale Sheriff, what does it matter that he is “pro-life” as he informs us. Yes, that may matter in the general moral sense...or it may not, since it’s such a catch-all phrase used by so many.

What we want to know is why Mr. Haddock thinks we need to know how he stands on that issue. As far as we know, no Alabama sheriffs have any input into abortion policy in this state or anywhere else. Obviously when a candidate chooses to address irrelevant issues, we have to ask why? Should we vote for Mr. Haddock because he opposes abortion (if he does), no matter how he stands on improved deputy coverage or increased deputy pay or more transparency in dealings with the citizens of the county? We don’t think so.

It’s been very sad that no Democratic candidates for Lauderdale Sheriff have even approached what we would call a minimum of competency and common morality...at least combined. It’s doubtful that many voters cast a ballot for anyone...the ballots against candidates seem to be the deciding factor in most Alabama elections.

Shoalanda

Now We're Told...

Helen Keller Hospital Appeal Phase II—Now we’re told this second round of appeals may take as much as one year. Why? Why is Keller, etal, prolonging what is a 99.99% certain victory for Regional Care and a new hospital in Lauderdale County? The word that comes to mind is vindictiveness...

Flooding in Tuscumbia? Now we’re told as many as 40 sites in Tuscumbia flood several times a year. Citizens seeking relief have been told there may be no repair.

Repair? That would indicate that flooding was once controlled. There’s no “repair” involved. These flood victims are asking the City of Tuscumbia to initialize some flood control in their areas. Why should this be too much to ask?

Perhaps these Tuscumbia flooding victims could move to Muscle Shoals? Yes, gentle readers, that was said with tongue in cheek.

Shoalanda

Olivis v. Traditional Good Ol' Boys

A word about Mr. Olivis and good ol’ boys: A reader has suggested that previous superintendents in Colbert County have been at the forefront in good ol’ boy debacles in the past. We are aware of some of these brouhahas and feel that most of them resulted in a “pass the trash” scenario.

However, the recent physical altercation at Leighton Elementary School resulted in something more sinister. We understand the alleged attacker wasn’t simply terminated with a good recommendation, but is still in the employ of Colbert County Schools. This is unacceptable...or it certainly should be unacceptable to all Colbert County parents.

This situation is still developing and still under investigation by authorities. A source tells us Mr. Olivis personally took the reins of the school’s investigation from the school’s principal. Apparently, not only the buck stops at the top, the coverup also begins there.

We have seen several comments concerning the situation at Colbert Heights Elementary School. Some parents have stated the “feeling” around campus is much better now that Bob Montgomery is no longer principal. One of the...actually the only...specific comment concerned easier access to the campus.

That sounds good doesn’t it? It would sound good if this were 1944. In 2014, we would think access to the campus should be strictly controlled. Any person, parent or other, should be willing to enter a specific door, present identification, present credentials if needed, and in short, be willing to invest a few more minutes of his/her time in order to maintain a secure campus.

Yes, some rules sound silly. We see them every day. Just wait until there’s an incident when these rules aren’t being followed. Who will be the first to complain? We’re going to take a highly educated guess that it will be the same parents who now want easier access to their child’s school.

Shoalanda