Speaking of KS Case Managers - Dr. Milfred ‘Bud’ Dale – Submits Amicus To Appellate Court – Case Manager Bud Dale’s Report To Court and his Comments on Private List Serve About the ‘gravy train’ wagon. In His Own words…..

• Mother speaks on case management bill

• Fight for Daughter Could Change Law in Kansas

• Kansas Senate Bill 304

• Dr. Milfred 'Bud' Dale Amicus Brief - Karen Williams- Case Managers Kansas

 

Dr. Dale Case Manager Report to Court in the Claudine Dombrowski Case;

“..forcing a battered mother to not complain about sexual and physical abuse - it’s confrontational, and if mommy wants to see child again.. then mommy will do as told.”

2002 april 2 dr. dale evaluation forensic ordered by court to get mom out of SV from Dec. 2000 ex-parte order

In Bud Dale’s OWN WORDS Courtesy of TheLizLibrary Psychology in Family Court

Case Managers; CUSTODY EVALUATORS
AND  PARENTING COORDINATORS
IN THEIR OWN WORDS

What Litigation Abuse Looks Like! It Boggles The Mind That Each ...

A Topeka Kansas Evaluation: Teaching the mother to NOT REPORT sexual or physical Abuse: As Ordered by the Courts;

 Dr. Milford “Bud” Dale.

 

9. For example, the below commenting MHP — who has been a parenting coordinator (“case manager”)

on at least one case known to the author in which a severely battered woman lost custody of her daughter to the abusive father,and who regularly performs custody evaluations as well — appears oblivious to the impact of MHP fees (which typically are divided equally between the parents) on a parent with substantially lower income than the other:

[ANONYMOUS LISTSERVE COMMENT]: “If you want the parents to cooperate, why not add a provision that they must go back to mediation or to a parent coordinator if they cannot come to an agreement. As long as the mediator or parent coordinator changes a reasonable fee, the financial incentives for the parents to cooperate is maintained (assuming each wants to avoid paying a mediator or parent coordinator) and there is a solution for persistent disagreements that is fair…” (Kansas doctorate-level MHP, October 24, 2005).

More examples:

[ANONYMOUS LISTSERVE COMMENT]: “…issues of child support are totally separate from custody and parenting time determinations. Yet in one case… the attorney continually referenced the fact that I was ‘failing to consider and give weight’ to the fact that the father was $20,000 behind in child support… Fortunately, my appointment letter addressed that my role was separate from the financial issues… Indeed, I had not failed to give weight to the financial issues. I had totally ignored and disregarded them all along – because that’s what I was required to do by law. Some attorneys will attempt to backdoor this issue; that is, they will claim that the child support arrearage represents a character flaw or defect – which might or might not be true. By the way, researching the literature about how fathers get so behind in child support yields some interesting claims on both sides of the issue.”(Kansas doctorate-level MHP, February 12, 2006).

[ANONYMOUS LISTSERVE COMMENT]: “…issues of child support are totally separate from custody and parenting time determinations. Yet in one case… the attorney continually referenced the fact that I was ‘failing to consider and give weight’ to the fact that the father was $20,000 behind in child support… Fortunately, my appointment letter addressed that my role was separate from the financial issues… Indeed, I had not failed to give weight to the financial issues. I had totally ignored and disregarded them all along – because that’s what I was required to do by law. Some attorneys will attempt to backdoor this issue; that is, they will claim that the child support arrearage represents a character flaw or defect – which might or might not be true. By the way, researching the literature about how fathers get so behind in child support yields some interesting claims on both sides of the issue.”(Kansas doctorate-level MHP, February 12, 2006).

72.The reason for this has been decades of MHP lobbying and propagandizing to the legislatures and legal community.

[ANONYMOUS LISTSERVE CALL TO ARMS]: “There is a new bill in the California state legislature which will be of some interest and concern to all of us who do custody evaluations, especially California psychologists. The bill prohibits the use of psychological testing in custody evaluations unless the court grants “a motion for a mental or psychological examination of a parent only for good cause shown…” (California doctorate-level MHP, February 23, 2007).
[ANONYMOUS LISTSERVE COMMENT]: “…The legislator is sponsoring this bill on behalf of women’s rights groups, who think that parental alienation is diagnosed too frequently through the use of psychological testing…” (California doctorate-level MHP, February 23, 2007).
[ANONYMOUS LISTSERVE COMMENT]: “This bill appears to prohibit considerably more than psych testing… “Controversial, nonscientific labels, such as parental alienation syndrome, parental alienation, or alienated child, are specifically excluded as allowable diagnoses and for court use.” (California doctorate-level MHP, February 23, 2007).
[ANONYMOUS LISTSERVE COMMENT]: “I am responding from a strategic and tactical point of view. In addition to being a forensic psychologist, doing CCE, I am also legislative chair of the Florida Psychological Association. In my experience…” (Florida doctorate-level MHP, February 23, 2007).
[ANONYMOUS LISTSERVE COMMENT]: “I’ll go ahead and forward this to her if that’s ok with you.  the annual Legislative and Advocacy day is coming up mid-March, altho I’m guessing they’ve already selected the legislation they want psychologists to discuss with legislators… do you know how far along this bill is in the legislative process… I think CPA’s stand in general is to strongly oppose any bill that limits psychologists’ scope of practice…” (California doctorate-level MHP, February 23, 2007).
[ANONYMOUS LISTSERVE COMMENT]: “Perhaps a letter from those of us who write and teach about use of psychological tests in CCEs might be useful?…” (North Carolina doctorate-level MHP, February 23, 2007).
[ANONYMOUS LISTSERVE COMMENT]: “I agree also and think a letter from professionals that know testing is a great idea.  It seems that if the legislature wants to “do something”  perhaps advocating for  required continuing education of so many hours in order to allow people to use the tests…” (Kansas doctorate-level MHP, February 23, 2007).

115. http://www.thelizlibrary.org/liz/index.html#myths-and-facts

116. As is usually recognized by the MHP, e.g. Pickar, supra, note 66b, but only when convenient or desired. Compare the following.

The first two commentators are uninterested in acknowledging past financial issues that have wreaked family havoc, and arguably bear on character as well as explain motives and feelings of the parties; the third is interested in supporting a father’s request to relocate, and so believes that it is within his province to gather and analyze data about prospective financial matters:

[ANONYMOUS LISTSERVE COMMENT]: “Tax returns?? Simple issues like one parent claimed 4 kids and there are only two, I can probably figure that out and that speaks to honesty and maybe tracking reality. But I agree that we should not be analyzing tax issues. If it is that complex I can’t think how that would be relevant to custody/parenting issues. If it is, both parent provide information and you hire a tax consultant to review it. I can’t imagine what could be relevant… I have a case right now where there are federal indictments on one parent to the tune of over 1/2 millions and all kinds of issues around money. Very little of it is relevant (except possible prison and honesty) and the other parent wants to make it all relevant. She brought me a notebook of financial records. That’s about her anger about the money – which is relevant to know how angry she is at dad and how that affects her children.”(Kansas doctorate-level MHP, November 23, 2005).

124. For an example of how background might influence the MHP’s investigation, perceptions and conclusions, see Lisa D. Cromer & Jennifer J. Freyd,What Influences Believing Child Sexual Abuse Disclosures? The roles of depicted memory persistence, participant gender, trauma history, and sexism, 31 Psych. Women Q. 1 (2007). From the abstract: “Men believed abuse reports less than did women, and people who had not experienced trauma were less likely to believe trauma reports. Gender and personal history interacted such that trauma history did not impact women’s judgments but did impact men’s judgments. Men with a trauma history responded similarly to women with or without a trauma history. High sexism predicted lower judgments of an event being abusive. Hostile sexism was negatively correlated with believing abuse disclosures.” The study at the University of Oregon found that “young men who have never been traumatized are the least likely population to believe a person’s recounting of child sexual abuse.” (News release, Believing child sexual abuse claims, U. Or. Univ. News, February 13, 2007, at http://www.uoregon.edu/newsstory.php?a=2.13.07-disbelievers.html)

[ANONYMOUS LISTSERVE PRECURSOR]: “I just haven’t noticed higher abilities in hypothesis testing among psychologists or other mental health professionals. I realize that you have to take a couple of courses in research and statistics to get a graduate degree (in most fields). It doesn’t seem to translate into skills in decision-making across the board. E.g. the recent thread on the Kansas custody evaluation and Virginia side trip. Some very off thinking and relevant point missing.
One might take arguments similar to that you have made and point out that psychologists just aren’t trained as investigators when it comes to obtaining information outside of psychological data (police officers are better.) And that lawyers are better trained at issue spotting and weighing information. And that judges have more experience decision-making.
I also point out that mental health training does not provide actual information and experience relevant to many of the issues that ought to be considered in a custody determination. For example, the financial aspects. For example, educational opportunities. For example, what it’s like to actually be a parent with day-in and day-out responsibility for children, how the home is run, the pragmatics of life. An unwed childless 28-year-old Ph.D. just out of school probably hasn’t a clue — and I for one see this lack influencing unworkable recommendations.
I also point out that skill in testing and coming up with psychological diagnoses does not qualify anyone ipso facto to translate that into parenting ability or even to understand with what kind of or which parent a child’s best interests is most likely to be fostered. There is very little translating dsm diagnoses into parenting abilities and child outcomes, especially when neither parent is perfect and foibles and personality defects have to be weighed…” (liz, May 2, 2005).

124. For an example of how background might influence the MHP’s investigation, perceptions and conclusions, see Lisa D. Cromer & Jennifer J. Freyd, What Influences Believing Child Sexual Abuse Disclosures? The roles of depicted memory persistence, participant gender, trauma history, and sexism, 31 Psych. Women Q. 1 (2007). From the abstract: “Men believed abuse reports less than did women, and people who had not experienced trauma were less likely to believe trauma reports. Gender and personal history interacted such that trauma history did not impact women’s judgments but did impact men’s judgments. Men with a trauma history responded similarly to women with or without a trauma history. High sexism predicted lower judgments of an event being abusive. Hostile sexism was negatively correlated with believing abuse disclosures.” The study at the University of Oregon found that “young men who have never been traumatized are the least likely population to believe a person’s recounting of child sexual abuse.” (News release, Believing child sexual abuse claims, U. Or. Univ. News, February 13, 2007, athttp://www.uoregon.edu/newsstory.php?a=2.13.07-disbelievers.html)

125. [ANONYMOUS LISTSERVE QUERY]: “My 8 year old son is complaining a lot about being bored in school, to the point it seems to be affecting his overall happiness… I experienced similar problems throughout elementary and high school.. Will talk with the school but am seeking ideas to help him cope…” (Doctorate-level MHP father, April 21, 2005).

[ANONYMOUS LISTSERVE COMMENT]: “While such “purity balls” are not something that I and my daughters (ages 14 and 12 next week) have ever or would ever participate in, I can indeed tell you that as a father I feel a desire to help protect my daughters from predators and even poor choices on their part.” (Idaho doctorate-level MHP father, April 19, 2006).
[ANONYMOUS LISTSERVE COMMENT]: “I asked my stepdaughter what stores my granddaughter likes… One of the stores she mentioned was Victoria’s Secret. Why would a high school junior want to buy anything in Victoria’s secret? Has it changed in terms of what it sells? I know they all like to dress like streetwalkers, but this is ridiculous.” (Minnesota masters-level MHP mother, February 28, 2005).
[ANONYMOUS LISTSERVE COMMENT]: “School is important for kids… why not look and take the time to get good data from people who see them more than we do? And who see them sometimes more than their parents do. I’m going to stop now and call my son’s school. Seems there is an academic counselor… who is helping my son with sending emails to college soccer coaches. She’s helping my son and deserves my support… the students at school call this counselor, “Momma.” And I know why. Aren’t some kids just luckier than others?” (Kansas doctorate-level MHP father, May 10, 2005).

…When There Still Isn’t Enough Work, Doing Trainings for Everyone (especially those that push make-work ideas) and Reviewing Other MHPs

[ANONYMOUS LISTSERVE COMMENT]: “I do CCEs and I function as a court-appointed “Case Manager” in Kansas. Kansas calls parent coordinators “Case Managers” to avoid confusion – lol. I have also twice attended AFCC sponsored training on parent coordination. The Colorado group (Christie Coates, Robert LaCrosse, And Betsy Duvall) did a 2 day training in St. Louis in November, 2003, and Joan Kelly did a 2 day training in Chicago in June 2004. Both of these training programs emphasize the “Divorce Impasse” Model that Janet Johnston put together. This is a model that I find helps in CCEs and parent coordination/case management. The second AFCC task force has just completed its task of developing model standards for parent coordinators (See AFCC website or request backchannel)…” (Kansas doctorate-level MHP, May 16, 2005).

“Do a Bonding Assessment”

[ANONYMOUS LISTSERVE COMMENT]: “I do not know of a research based protocol for a ‘bonding assessment.’ It seems the folks that do them around here do an observation of touching, smiling, eye contact, warm interactions etc which are good and important and look at basic needs and are they met. I was wondering if there are protocols that are considered ‘standard of care’ and or are reseach based.” (Kansas doctorate-level MHP, January 14, 2007.)

For more about the GREAT Dr. Milford “Bud” Dale please visit the following links.

http://www.thelizlibrary.org/therapeutic-jurisprudence/index.html

http://washburnlaw.edu/news/2009/2009-03cflc-horizons.php

KANSAS CASE MANAGERS; CHILD CUSTODY COURT APPOINTED 3RD PARTIES, PSYCHOLOGY; CUSTODY EVALUATIONS; THERAPY, GAURDIAN AD LITEMS, COPARENTING, SUPERVISED VISITATION, ACCESS VISTITATION and ‘Therapeutic Jurisprudence’.

Therapeutic jurisprudence in the family courts, i.e. a "mental health approach to the law" substitutes the opinions of mental health practitioners for traditional evidence and decision-making procedures. Because these persons actually do not have any kind of "expertise" to opine this way, what originally was thought to be a helpful idea (in this medicalized and psychologized world) has become merely economic opportunism, harming not only the litigants and children in the system as well as the court system itself, but also perverting substantive and procedural law. It is not science, but compensated yenta-ism that has permeated the courts under the pretexts that engineering family affectional relationships is within the ability of mental health "science" practitioners to accomplish, and that this is an appropriate goal of the government, court system, and state police power because children "need" something it has to offer.

This completely denies the Constitutional Right to a Court of Law governed by FACT.

Mother Speaks On Case Management Bill

Source: Topeka Capitol Journal

Excerpt;

“Karen Williams previously had full custody of her daughter before a case manager appointed by the court to work with her and her ex-husband decided to limit her to one or two hours a week of supervised visitation at a Lawrence facility called The Farm.”

“Williams says her rights to due process were violated when the judge allowed the new custody arrangement without giving Williams a full hearing to respond to any evidence for the case manager's decision.

"I still have parental rights, supposedly, but effectively I've been stripped of them," Williams said.

Williams stopped by the Statehouse on Tuesday after her case was heard by the Kansas Court of Appeals. Continue Reading

 

 

 Caesars Ghost A Commenter sums it up well:

In any other area of law

In any other area of law "confidential conversations between judges and case managers" would constitute ex parte communications that would subject the parties-- including the Judges-- to disciplinary procedures and possible sanctions. This is a joke to provide such exceptions to the due process rights of either parent, as well as the rights of the children whose custody and visitation is being determined by the court.

If the Judges don't want to do their job and wish to abdicate their role to "case managers" then perhaps the Judges need to step down and be replaced by Judges who do want to do their job of hearing all of the facts in a case in full light, view and scrutiny of the opposing parties.

The 6th amendment grants criminals the right to confront their accusers and to be presented with the claims and evidence against them and the right to contest those claims and evidence.

Why does our legislature grant fewer rights to parents than they do to criminals, pedophiles, murders, etc.? And why are children denied access to parents based on what a case manager says.

I don't care if the case manager has specialized training in psychology, family therapy, domestic issues or anything else. That specialty gives the case manager nothing more than "expert witness" status constitutionally speaking. It does NOT make that case manager the default judge.

The best way to fix this is not to revise the statute and required qualifications to serve as a case manager. The best way to fix it would be to repeal the statute that created case managers in the first place and go back to how Kansas handled these cases for nearly a century and a half prior to 2002.

The whole case manager position never existed in Kansas before 2002, and so it isn't like this is just something that HAS to exist for Courts to function. Instead it is part of the reason courts are NOT functioning for families or for those who believe in due process principles of the Constitution or for those of us who abhor seeing more tax dollars going to create quasi authority figures by turning expert witnesses into defacto unlicensed judges while we continue to pay the salaries of both the abdicating judges and the defacto unlicensed judges.

---

PSYCHOLOGY; CUSTODY EVALUATIONS; THERAPY, CASE MANAGERS, GAURDIAN AD LITEMS, COPARENTING, SUPERVISED VISITATION, ACCESS VISTITATION

Case Managers; Forensic Psychology; Guardians ad Litem; Therapeutic Jurisprudence
The sociological and psychological research on families and child well-being impacts public policy and the issues of child custody in family law. The research frequently is misrepresented, and mis-cited by mental health professionals, lawyers, forensic psychologists and others, as well as interest groups lobbying for laws. Also review the sections pertaining to the issues impacted by the "therapeutic jurisprudence", such as child custody, parental alienation theory, research pertaining to child development, the subsection for research Myths and Facts in FAMILY LAW, and other family law issues. Also see the subsection on Child Custody in FAMILY LAW. The Therapeutic Jurisprudence index page contains links to recommended off-site locations as well as the on-site articles http://www.thelizlibrary.org/liz/child-custody-evaluations.html

Index: Therapeutic Jurisprudence

Are Psychologists Hiding Evidence? A Need for Reform by Lees-Haley and Courtney SCHOLAR

Child Custody Evaluations and Measuring Attachment (limited science) by Jean Mercer 2009 PDF SCHOLAR

Child sex abuse, the limits of Loftus, and overblowing the memory research LIZNOTES, CITES

Children's Associational Rights: Why less is more by Emily Buss PDF SCHOLAR

Collaborative Law: What's Wrong with Multidisciplinary Practice? by liz

Court-appointed Parenting Evaluators: The Case for Abolition by Margaret Dore PDF SCHOLAR

Custody Evaluations: Ten Signs of Questionable Practices by Joel V. Klass, M.D. SCHOLAR

Custody evaluators' arguments about test records -- and why they're wrong by liz

Custody Evaluators' Beliefs About Domestic Abuse Allegations, U.S. Dept Justice October 31, 2011 PDF SCHOLAR

Caveat: recommendations in the above paper are NOT endorsed by thelizlibrary.org

Disciplining Divorcing Parents: Social Construction of Parental Alienation by F. Besset PDF SCHOLAR

Family Court is Not a Family-Friendly Place by Lisa Marie Macci, Esq.

Guardians ad Litem in Custody Litigation: The Case for Abolition by Richard Ducote PDF SCHOLAR

Parental Alienation Syndrome -- getting it wrong in child custody cases by Carol S. Bruch PDF SCHOLAR

Parenting Coordination Issues by liz

Psychiatric experts assess parental alienation by David Crary

Psychology in Court: A Trial Within a Trial by liz

Psychology in Court: The Detectives by liz

Psychology in Court:The Diagnosticians by liz

Psychology in Court: Discovery of Test Data by liz

Psychology in Court: How to Respond to the MMPI-2 by liz

Reevaluating the Evaluators (overview of the problem) by liz CITATIONS TO RESEARCH

Custody Evaluator Quotes by liz (companion to above article)

Signs of a Bad Custody Evaluation by Joel V. Klass, M.D. SCHOLAR

Socialization, Personality Development, and the Child's Environments by Judith Rich Harris SCHOLAR

Sound Research or Wishful Thinking in Custody Cases? by Carol S. Bruch PDF SCHOLAR

Stupidity Inherent in Promoting Supervised Visitation Centers by liz

Troubling Admission of Supervised Visitation Records in Court by Stern/Oehme PDF SCHOLAR

What Does the Guardian ad Litem do in Family Court? by liz

Warren Farrell Does a Custody Evaluation by liz

What's Wrong with Parenting Coordination by liz

Why "Therapeutic Jurisprudence" Must Be Eliminated From Our Family Courts by liz

Why "Therapeutic Jurisprudence" Must Be Eliminated From Our Courts by liz (pub. version)

Critical Assessment of Child Custody Evaluations by Emery, Otto, Donohue off-site PDF SCHOLAR

"Father's Right's" Movement: How to Legally Stalk, Harass, and Intimidate Victims of Domestic Violence after a Restraining Order has been Issued

http://www.thelizlibrary.org/liz/FRtactic.html

STALKING THROUGH THE COURTS
by Janet Normalvanbreucher

Table of Contents:

• Introduction
• Historical Background of the Father's Rights Movement
• The Quest for Dominance and Control
• Mom, Country, and Apple Pie -- Why People Help Them
• Differentiating Legitimate Fatherhood Groups from Illegitimate "Father's Rights" Groups
  -- Ten Tips for Single Dads
• IS There Bias in the Courts?
• The "Father's Manifesto" - A Political Platform to Repeal the 19th Amendment
  -- Father's Manifesto Signatories
• Practicing Law Without A License -- A Pro-Se Army
• Use of the Internet to Disseminate Information
• The Seduction of the Media
• Father's Right's Advocates in High Places
• How the Father's Right's Movement Hurts Men with Legitimate Disputes
• Mein Kampf -- Indoctrination Tactics of The Father's Rights Movement
• Brief History of VAWA and the Restraining Order
• Are Restraining Orders Widely Abused by Women as a Tactical Maneuver in a Divorce?
• Attacking Her Credibility
• DOJ -- Profile of an Obsessive Stalker
• "She Deserved It" -- How the Criminal Process Fails Victims
• Malicious Prosecution and Abuse of Process in the Courts
  -- Victoria D.'s story
• Vindictive Custody/Visitation Suits
• Intentional Infliction of Emotional Distress
• Parental Alienation Syndrome
  -- if Psychologists Discredit this Theory, Why Is it So Widely Accepted by the Courts?
• Harassment of Judges, the Legislature, and Potential Jurors
• Lawyers Who Knowingly Help Men Harass their Victims
• Possible Solutions:
  -- Screening of Pro-Se Lawsuits, Criminal Charges, Motions for Reconsideration
  -- Criminal Sanctions for Filing Frivolous Charges with State Administrative Agencies
  -- Tighter Enforcement of Stalking Laws
  -- Rule 11-type Pro-Se Sanctions for Abuse of Process
  -- Prosecuting Groups who are Practicing Law Without A License
  -- Law School Programs - Helping the Victims Fight Back
  -- Lawsuits against FR Groups under the VAWA as Unincorporated Associations.
  -- Legislative Action

A Proposed Constitutional Amendment