#Family Law Attorneys In Utah
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#Estate Planning Lawyers Cedar City Utah#Estate Planning Attorney Cedar City#Estate Planning Lawyer Utah#Estate Planning Attorneys#Family Law Lawyer Utah#Estate Planning Attorney Cedar City Utah#Family Law Lawyers In Utah#Family Attorney Utah#Family Law Attorneys In Utah#Utah Family Law Attorneys#estate planning lawyers utah#estate planning law firm#utah family law lawyers#estate planning lawyers st george utah
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Your Essential Guide to Family Attorneys in Utah
When life takes unexpected turns, especially regarding family matters, having a reliable attorney by your side can make all the difference. Whether you're facing a divorce, custody battle, or need guidance on spousal support, understanding your options and rights is crucial. This comprehensive guide delves into the world of family attorneys at law, focusing on divorce attorneys in Utah, custody attorneys, and the best legal resources available to support you through these challenging times. Let’s explore how Utah family lawyers can help you navigate your unique situation and emerge on the other side.
Understanding Family Law and Its Importance
Family law encompasses a range of legal issues related to familial relationships, including marriage, divorce, child custody, and spousal support. The importance of family law cannot be overstated; it affects not just the legal status of relationships but also the emotional and financial well-being of those involved. When disputes arise, having an experienced attorney can provide the guidance needed to make informed decisions.
Why Choose Family Attorneys at Law?
Family attorneys specialize in the complex and often emotional issues that come with family dynamics. Unlike general practitioners, family law attorneys are well-versed in the intricacies of state laws and regulations. Their expertise allows them to provide tailored legal solutions that consider the unique circumstances of each case. With their support, clients can navigate the legal landscape more effectively, ensuring their rights and interests are protected.
Finding the Right Divorce Attorney in Utah
The Role of a Divorce Attorney
Divorce is a significant life change that can be overwhelming and emotionally taxing. A divorce attorney in Utah plays a critical role in guiding you through the process, advocating for your rights, and helping you achieve a fair settlement. They assist with property division, spousal support, and child custody arrangements, ensuring that your best interests are at the forefront of the proceedings.
What to Look for in a Divorce Attorney
Finding the best divorce lawyer in Utah involves considering several factors. First and foremost, look for an attorney with experience in family law, particularly in divorce cases. They should have a track record of successful outcomes and positive client reviews. Additionally, consider their communication style—having an attorney who listens to your concerns and explains the process clearly can make a significant difference in your experience.
Custody Attorney in Utah: Protecting Your Child's Best Interests
Understanding Child Custody Laws
When a marriage ends, child custody becomes a central issue that requires careful consideration. Custody laws in Utah focus on the best interests of the child, which means that decisions regarding custody and visitation are made based on what will benefit the child the most.
The Importance of a Custody Attorney
A custody attorney in Utah is essential for navigating the complexities of custody agreements. They can help you understand your rights as a parent, develop a custody plan that reflects your child's needs, and represent you in court if necessary. Their expertise ensures that you’re well-prepared to advocate for your child's welfare and maintain a meaningful relationship with them.
Spousal Support in Utah: What You Need to Know
Defining Spousal Support
Spousal support, often referred to as alimony, is financial assistance provided by one spouse to another after divorce. The goal is to help the lower-earning spouse maintain a similar standard of living post-divorce.
Factors Affecting Spousal Support in Utah
Several factors influence spousal support decisions, including the duration of the marriage, the financial situation of both spouses, and each party’s ability to earn income. Understanding these factors can help you navigate negotiations and ensure you receive fair support during and after the divorce process.
Finding Legal Assistance for Spousal Support
If you believe you’re entitled to spousal support or need help determining how much support you may owe, consulting with a Utah family lawyer is crucial. They can provide insights into your situation, help gather necessary documentation, and advocate on your behalf during negotiations.
Utah Family Lawyers: A Resource for Every Family Situation
Comprehensive Legal Support
Utah family lawyers offer a broad spectrum of services beyond divorce and custody issues. They can assist with adoption, prenuptial agreements, and domestic violence cases. This comprehensive approach ensures that no matter the family law challenge you face, you have a knowledgeable advocate ready to help.
Choosing the Right Utah Family Lawyer for You
When selecting a family lawyer in Utah, consider their areas of specialization, experience, and client testimonials. Look for someone who demonstrates empathy and understanding, as family law issues can be deeply personal and emotionally charged. A good lawyer will not only provide legal advice but will also support you throughout the entire process.
The Cost of Hiring a Family Attorney
Understanding Legal Fees
The cost of hiring a family attorney can vary significantly based on factors such as the complexity of your case and the attorney’s experience. Many attorneys charge hourly rates, while others may offer flat fees for specific services. Understanding these costs upfront can help you budget accordingly and avoid surprises.
Financial Considerations in Family Law Cases
When dealing with family law issues, it’s essential to consider not only the immediate legal fees but also the long-term financial implications. For example, how will spousal support affect your financial situation? What about child support obligations? A skilled attorney can help you navigate these considerations, ensuring that you make informed decisions that align with your financial goals.
The Emotional Side of Family Law
Navigating Emotional Turmoil
Family law issues can stir up a whirlwind of emotions, from grief and anger to relief and hope. A supportive attorney understands this emotional landscape and can help you stay grounded throughout the process. They provide not just legal expertise but also a compassionate ear, guiding you through tough decisions with empathy.
Coping Strategies During Family Legal Issues
It's important to develop healthy coping mechanisms during family law challenges. Whether it’s seeking support from friends and family, engaging in self-care activities, or speaking with a counselor, taking care of your mental well-being is vital. A supportive attorney can also connect you with resources to help you cope during this difficult time.
Conclusion
Navigating family law can feel overwhelming, but with the right support, you can find your way through. Whether you need a divorce attorney in Utah, a custody attorney, or assistance with spousal support, understanding your options and rights is the first step toward resolution. Family attorneys at law are here to provide the guidance you need, ensuring your voice is heard and your interests are protected. Remember, you don’t have to go through this alone—reach out for help and take the first step towards a brighter future.
FAQs
1. What should I do if I am considering a divorce? It’s essential to consult with a divorce attorney to understand your rights and the process ahead. They can guide you through the initial steps and help you make informed decisions.
2. How can I prepare for a custody hearing? Gather all relevant documents, including financial records, communication with your ex-spouse, and evidence supporting your case for custody. Your attorney can help you strategize effectively.
3. Is spousal support guaranteed in a divorce? Spousal support is not automatically granted; it depends on various factors, including the length of the marriage and the financial situation of both spouses. Consulting with a family lawyer can help clarify your entitlements.
4. How long does the divorce process take in Utah? The duration of the divorce process varies based on factors such as complexity, court schedules, and whether there are contested issues. A straightforward divorce can take a few months, while more complex cases may take longer.
5. Can I modify my custody agreement later? Yes, custody agreements can be modified if there are significant changes in circumstances. However, you will need to demonstrate that the modification is in the best interests of the child, often with the help of a family lawyer.
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Drug Addiction and Child Custody: Safeguarding Your Rights and Your Child's Well-being
Drug addiction can have significant implications on child custody battles, creating complex legal and emotional challenges for parents. If you are facing such a situation, it's essential to understand your rights and take steps to protect both yourself and your child. A parental rights attorney in St. George, Utah, can provide the legal guidance and support you need during this difficult time.
Parental rights lawyers in St. George, Utah specialize in navigating the complexities of family law, particularly in cases involving drug addiction and child custody. These legal professionals have the expertise to help you safeguard your parental rights and prioritize your child's well-being. By seeking their assistance, you can ensure that your rights are protected and that the best interests of your child are taken into account.
Here are some key steps to take when navigating drug addiction and child custody issues:
1. Seek Legal Counsel: Consulting with a parental rights attorney in St. George, Utah, is crucial in understanding the legal aspects of your situation. Your lawyer will assess your case, provide personalized advice, and represent your interests in court.
2. Prioritize Your Child's Well-being: It's essential to demonstrate your commitment to ensuring a safe and stable environment for your child. This may involve seeking treatment for addiction, demonstrating progress and stability, and creating a supportive environment for your child.
3. Gather Evidence: Your attorney can assist you in gathering evidence to support your case, such as documentation of your efforts to address the addiction, testimony from reliable witnesses, and any relevant medical or legal records.
4. Develop a Co-Parenting Plan: Working with your attorney, develop a co-parenting plan that outlines how you will prioritize your child's best interests and address any concerns related to the addiction. This plan can demonstrate your dedication to being a responsible and caring parent. By working with a knowledgeable parental rights attorney in St. George, Utah, you can navigate the legal complexities of drug addiction and child custody, while prioritizing your child's well-being.
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Explore the various facets of "Types of Domestic Violence Abuse" with the expertise of Boyack Christiansen Legal Solutions. Uncover the nuances and categories of domestic violence abuse, from emotional and psychological to physical and financial abuse. For more information on protecting your rights and seeking assistance, call us today at 435-375-3959.
#Estate Planning Lawyers St George Utah#Estate Planning Attorney St George#Estate Planning Lawyer Utah#Estate Planning Attorneys#Family Law Lawyer Utah
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Family Law Attorneys Spanish Fork, Utah
Utah Legal Team’s experienced family law attorneys Spanish Fork, Utah have the compassion and level head you need to successfully negotiate your case. Family law cases are tough for everyone involved. Our elite attorneys are here to make this process as quick and painless for you as possible .Contact us NOW and take the right step towards securing your future.
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Family Trust as a Business Planning Tool
How Can You Use a Family Trust as a Business Planning Tool?
A family trust is a legal arrangement in which a person, called the settlor, transfers assets to a trustee to hold and manage for the benefit of specified beneficiaries. Family trusts are often used as a way to manage, protect, and distribute wealth within a family. They can also be useful for business planning, providing various benefits to business owners and their families.
Benefits of Using a Family Trust for Business Planning
Asset protection: A family trust can protect a business's assets in the event of legal action, bankruptcy, or other financial challenges. The trust's assets are separate from the business owner's personal assets, which can provide an additional layer of protection.
Tax benefits: A family trust can provide tax benefits for a business, such as the ability to distribute income to family members in lower tax brackets and potentially reduce the overall tax burden of the business.
Succession planning: A family trust can be used to plan for the succession of a business, allowing for a smooth transition of ownership and management to the next generation. It can also be used to ensure that the business remains in the family and is not sold to outsiders.
Flexibility: A family trust can be structured in a way that provides flexibility and can be adapted to changing circumstances. For example, the terms of the trust can be modified to accommodate new beneficiaries or to address changing financial needs.
Considerations When Using a Family Trust for Business Planning
Legal requirements: Setting up a family trust involves following specific legal requirements, including appointing trustees and preparing a trust deed. It is important to consult with a lawyer or financial advisor to ensure that the trust is properly set up and administered.
Ongoing administration: A family trust requires ongoing administration, including the management of assets, tax compliance, and reporting to beneficiaries. This can be time-consuming and may require the assistance of a professional trustee or financial advisor.
Potential conflicts: A family trust may create potential conflicts among family members, particularly if there are different expectations or misunderstandings about the trust's purpose and terms. Communicating clearly and openly with all parties is important to avoid misunderstandings and conflicts.
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Family Trust Attorney Free Consultation In Utah
If you need legal help, call this law firm and talk with our experienced attorneys about family trust for a FREE consultation.
We help you with Estate Planning, Wills, Trusts, Power of Attorney, Health Care Directive, Estate Administration, Probate and More
Parklin Law - Estate Planning
5772 W 8030 S, # N206
West Jordan UT 84081
(801) 618-0699
40.605070, -112.027530
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
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Child Support in a Prenuptial Agreement
Can you ask for child support in a prenuptial agreement?
A prenuptial agreement, commonly known as a prenup, is a legal contract that two individuals enter before marriage. The purpose of a prenup is to establish the terms and conditions of the couple's property and financial responsibilities in the event of a divorce or death.
One common question when discussing prenups is whether or not it is possible to include provisions for child support in the agreement. The answer is yes. It is possible to include provisions for child support in a prenup.
Provisions for Child Support
In fact, many prenups include provisions for child support and other important matters such as spousal support and the division of property. This can be a useful way for couples to establish clear expectations and avoid potential conflicts.
However, it is important to note that the provisions for child support in a prenup are not enforceable by law. This means that if a couple were to divorce and one party were to seek child support, the court would not be bound by the terms of the prenup.
Instead, the court would determine the appropriate amount of child support based on the case's individual circumstances, using guidelines set forth by state law. This is to ensure that the child's best interests are taken into account.
Overall, while it is possible to include provisions for child support in a prenup, these provisions are not enforceable by law, and the court will ultimately make the final decision on the matter. It is always a good idea to consult with an experienced family law attorney when drafting a prenup to ensure that all of the necessary provisions are included and properly executed.
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Family Law Attorney Free Consultation
If you are looking for a legal advice about family law or in need an attorney, call this law firm for free consultation. We have the Best Attorneys in Utah.
Ascent Law LLC
8833 S Redwood Road Suite C
West Jordan UT 84088
(801) 676-5506
https://www.ascentlawfirm.com
http://divorceinutah.xyz/child-support-in-a-prenuptial-agreement/
Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.
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Forty-one state attorneys general penned a letter to Meta’s top attorney on Wednesday saying complaints are skyrocketing across the United States about Facebook and Instagram user accounts being stolen, and declaring “immediate action” necessary to mitigate the rolling threat.
The coalition of top law enforcement officials, spearheaded by New York attorney general Letitia James, says the “dramatic and persistent spike” in complaints concerning account takeovers amounts to a “substantial drain” on governmental resources, as many stolen accounts are also tied to financial crimes—some of which allegedly profits Meta directly.
“We have received a number of complaints of threat actors fraudulently charging thousands of dollars to stored credit cards,” says the letter addressed to Meta’s chief legal officer, Jennifer Newstead. “Furthermore, we have received reports of threat actors buying advertisements to run on Meta.”
“We refuse to operate as the customer service representatives of your company,” the officials add. “Proper investment in response and mitigation is mandatory.”
In addition to New York, the letter is signed by attorneys general from Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming, and the District of Columbia.
“Scammers use every platform available to them and constantly adapt to evade enforcement. We invest heavily in our trained enforcement and review teams and have specialized detection tools to identify compromised accounts and other fraudulent activity,” Meta says in a statement provided by spokesperson Erin McPike. “We regularly share tips and tools people can use to protect themselves, provide a means to report potential violations, work with law enforcement and take legal action.”
Account takeovers can occur as a result of phishing as well as other more sophisticated and targeted techniques. Once an attacker gains access to an account, the owner can be easily locked out by changing passwords and contact information. Private messages and personal information are left up for grabs for a variety of nefarious purposes, from impersonation and fraud to pushing misinformation.
“It's basically a case of identity theft and Facebook is doing nothing about it,” said one user whose complaint was cited in the letter to Meta's Newstead.
The state officials said the accounts that were stolen to run ads on Facebook often run afoul of its rules while doing so, leading them to be permanently suspended, punishing the victims—often small business owners—twice over.
“Having your social media account taken over by a scammer can feel like having someone sneak into your home and change all of the locks,” New York's James said in a statement. “Social media is how millions of Americans connect with family, friends, and people throughout their communities and the world. To have Meta fail to properly protect users from scammers trying to hijack accounts and lock rightful owners out is unacceptable.”
Other complaints forwarded to Newstead show hacking victims expressing frustration over Meta’s lack of response. In many cases, users report no action being taken by the company. Some say the company encourages users to report such problems but never responds, leaving them unable to salvage their accounts or the businesses they built around them.
After being hacked and defrauded of $500, one user complained that their ability to communicate with their own customer base had been “completely disrupted,” and that Meta had never responded to the report they filed, though the user had followed the instructions the company provided them to obtain help.
“I can't get any help from Meta. There is no one to talk to and meanwhile all my personal pictures are being used. My contacts are receiving false information from the hacker,” one user wrote.
Wrote another: “This is my business account, which is important to me and my life. I have invested my life, time, money and soul in this account. All attempts to contact and get a response from the Meta company, including Instagram and Facebook, were crowned with complete failure, since the company categorically does not respond to letters.”
Figures provided by James’ office in New York show a tenfold increase in complaints between 2019 and 2023—from 73 complaints to more than 780 last year. In January alone, more than 128 complaints were received, James’ office says. Other states saw similar spikes in complaints during that period, according to the letter, with Pennsylvania recording a 270 percent increase, a 330 percent jump in North Carolina, and a 740 percent surge in Vermont.
The letter notes that, while the officials cannot be “certain of any connection,” the drastic increase in complaints occurred “around the same time” as layoffs at Meta affecting roughly 11,000 employees in November 2022, around 13 percent of its staff at the time.
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SALT LAKE CITY (AP) — A man accused of faking his death and fleeing the U.S. to avoid rape charges in Utah denied at a court appearance Tuesday that he is the suspect and, in an apparent British accent, called allegations that he wasn't giving his true name “complete hearsay."
Nicholas Rossi, whose legal name is Nicholas Alahverdian, is charged with the rape of a 21-year-old woman in Orem, Utah, in 2008, prosecutors said. He wasn't identified as a suspect until about a decade later due to a backlog of DNA test kits at the Utah State Crime Lab.
Rossi, 36, was extradited from Scotland earlier this month. He identified himself Tuesday as Arthur Knight Brown and gave a birthdate in British English — listing the day first, followed by the month and year — that is different from Rossi's, KSTU-TV reported.
He appeared from jail via video wearing an oxygen mask and did not enter a plea at the initial court appearance. He was difficult to understand at times and had to lift up the mask to be heard.
Deputy Salt Lake County attorney Tamara Basuez said Rossi has not admitted his name or birthdate since he returned to Utah.
“Objection, my lady, that is complete hearsay,” Rossi told the judge.
Rossi is jailed without the possibility of posting bail in the Orem case. The judge set a detention hearing for Jan. 26.
The judge said a lawyer would be appointed for Rossi. He said he has one, but that the attorney did not receive notice of Tuesday's hearing.
Rossi, who grew up in foster homes in Rhode Island, made a name for himself there as a vocal critic of the state’s Department of Children, Youth and Families.
Four years ago, he told media in Rhode Island that he had late-stage non-Hodgkin lymphoma and had weeks to live. An obituary published online claimed he died Feb. 29, 2020.
He used at least 10 different aliases over the years, prosecutors said.
Authorities said his run from the law ended when he was arrested in December 2021 after being recognized by someone at a Glasgow, Scotland, hospital while he was being treated for COVID-19. He insisted he was an Irish orphan named Arthur Knight and had never set foot on American soil.
The man had said he was framed by authorities who took his fingerprints while he was in a coma so they could connect him to Rossi. He has repeatedly appeared in court in a wheelchair, using an oxygen mask and speaking with the apparent British accent.
After a protracted court battle, Judge Norman McFadyen of Edinburgh Sheriff Court ruled in August that the extradition could move forward. The judge called Rossi “as dishonest and deceitful as he is evasive and manipulative.”
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Attorneys for Gabby Petito's family have released a previously unseen photo of blood on her face taken during a Utah domestic violence stop just weeks before her suspected murder at the hands of ex-fiance Brian Laundrie.
The law firm of Parker & McConkie first described the existence of the photo in a November 2022 wrongful death lawsuit against the Moab City Police Department, which encountered the travel-blogging couple on Aug. 12, 2021, after a witness reported seeing Laundrie hitting Petito and trying to take her phone and drive off without her outside the Moonflower Co-op, an organic grocer off the city's main drag.
The photo was taken by Petito herself shortly before the stop, and recovered from her phone, according to the law firm.
She allegedly showed the injury Moab Police Officer Eric Pratt, who the family's attorneys say ignored her "and did nothing more to investigate or document the injury."
"Gabby documented the injury and, during the stop, attempted to tell the Moab officers, however, the seriousness and significance this type of assault and injury was completely ignored."
The Moab police response triggered an outside investigation that found Pratt and fellow Moab Officer Daniel Robbins made "unintentional mistakes" in the Aug. 12, 2021 stop.
They split the couple up for the night and declined to press charges – despite a Utah statute that the Petitos' lawyers say required them to make an arrest or issue a citation.
They also, according to the lawsuit, incorrectly labeled Petito the "predominant aggressor" in the altercation outside Moonflower, which her parents' attorneys said is disproved by the photo.
"Moab Police failed to recognize the violent grabbing of Gabby’s face and obstruction of her nose, mouth, and airways as a critical precursor to her eventual death by strangulation that occurred a short time later," they said.” Moab Police failed to listen to Gabby, failed to investigate her injuries and the seriousness of her assault, and failed to follow their own training, policies, and Utah law."
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Terfs DNI
Look, I completely understand that America in general, and the police in particular, have very long histories of completely ignoring Black and indigenous women when they go missing or are victims of domestic violence, but my point with Gabby Petito has always been that A) it's just disheartening and infuriating to see someone was sO damn close to being "saved" only to have the police tacitly side with the aggressor and deliver the victim back to them, like how they returned Dahmer's escaped victim right back to him, B) If cis/het, young, blonde haired, blue eyed white women get treated like shit by a white supremacist system, then that should really be a wake up call for everyone else.
Again, if Amber Heard got shat upon writ-large, to protect Johnny Depp's abusive ass, it makes me shudder to think about how a Black or Native woman would have been treated oops, sorry, ARE treated under similar instances. Remember, just because such incidents don't make the news doesn't mean it doesn't happen regularly!
And it's not just the police - it's the entire legal system, the culture.
The police are irreparably beyond "fixing".
They gave that guy a fucking promotion! To Detective, FFS!
My hart goes out to Gabby and her loved ones.
#police#gabby petito#defund the police#eric pratt#daniel robbins#misogyny#dv#domestic violence#intimate partner violence#femicide
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Thousands with disabilities subjected to segregation in these three states
Michael Loria
USA TODAY
A family wonders how a cousin “slipped through the cracks” and wound up in a state nursing facility not long after her 18th birthday; a mother wonders how she lost her daughter to the same system; and a woman in her late 50s longs to leave a state facility to see her family again.
These are among the findings of an extensive Department of Justice investigation into how three states – Missouri, Utah and Nebraska – illegally segregated people with mental health disabilities. Federal prosecutors found that the states are unnecessarily institutionalizing thousands of people in state facilities, cutting them off from family and the rest of society.
The investigations date back to March 2021 based on numerous complaints.
“I have a dream that one day I will be free. Free to live on my own, free to live within my community, free to have overnight visits with my grandchildren,” says Angela, the woman in her late 50s, in the Missouri report issued by the DOJ. The federal report quotes people by their first name only. “Free to not be told who I can associate with, free to not have someone place me in a nursing home and leave me, without any regard to my well-being mentally and physically, most of all just free to live my life.”
The investigations found widespread violations of the Americans with Disabilities Act, which says adults with disabilities must live in as integrated of settings as possible.
"This is about weaving people with disabilities into the tapestry of American life," Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division told USA TODAY. "This is about bringing an end to the unnecessary segregation and isolation of people with disabilities in our country. And it's about recognizing their dignity, their autonomy and their independence."
The investigations were published around the 25th anniversary of the 1999 Olmstead v. L.C. Supreme Court decision which upheld the principle that public entities must provide community-based services to people with disabilities to prevent segregation.
"Our work is about breathing life into the ADA's integration mandate," Clarke said. "We hope that our enforcement work sends a loud message to jurisdictions about the steps that they must take to comply with the law, and specifically to comply with the ADA."
The office of Missouri Gov. Michael L. Parson did not respond to requests for comment. The state cooperated with the Justice Department’s investigation, according to the report.
The report from the DOJ is one in a slew of investigations that have also gone after Utah and Nebraska for similar practices.
A federal investigation into practices in Utah found that the state is segregating people with disabilities by placing them in isolated “warehouse-like” facilities for day programs; an investigation into Nebraska’s practices found the state was also placing people with disabilities into segregated day programs and segregated living facilities.
In a statement, Utah’s Department of Health and Human Services said it’s committed to improving state treatment of people with disabilities. Nebraska’s Department of Health and Human Services said it was disappointed with the Justice Department’s "allegations,” adding that Gov. Jim Pillen’s administration had already shown its commitment to improving care for people with disabilities.
'Highly restrictive and controlled' in Missouri
The 45-page DOJ report on Missouri’s treatment of people with mental disabilities details how the state systematically funneled people into state nursing facilities, even though almost none needed even short-term stays.
The facilities come with skilled caregivers and are commonly known as nursing homes. But more than half of the people covered in the report were under 65 and didn’t require the care offered. The people covered in the report had been inside them for at least three years on average, and around half were clustered at just 39 of the state’s 500 nursing facilities.
The people interviewed in the report describe prison-like conditions at the facilities.
“They are highly restrictive and controlled settings that isolate and segregate residents by severely limiting or entirely cutting off their relationships with loved ones and their community,” the report says, “preventing them from interacting with non-disabled people.”
The isolation inhibits residents from pursuing work or education, which the report called “hallmarks of a segregated institution.”
“My son had a life before they took him there and now, he has nothing,” the mother of a man named Kelvin is quoted in the report as saying.
The DOJ investigation was based on reviewing state documents, data and interviews with dozens of state officials and county officials who are appointed guardians for people with disabilities, plus 130 interviews with people directly impacted by the state’s practices. Investigators inspected over 60 sites, including psychiatric hospitals and sites housing people with mental health disabilities.
Rules, according to people who described the facilities as like jail, included no telephone use, mail, freedom to leave and just one hour outside per day.
How do people end up there?
Federal officials found Missouri relies on state institutions more than almost any other state. Nearly 3,300 people without Alzheimer’s or dementia have been in such institutions for over 100 days as of March 2023, according to the report. They hold an average of 95 residents but range in size from 47 to 225 people.
Missouri places people with bipolar disorder or schizophrenia in its facilities at one of the highest rates in the country. At 10 of the 39 facilities, adults with either bipolar or schizophrenia diagnoses account for 82% to 90% of the population in 2021.
The people covered in the report have “low care needs.” Nationally, low-care residents account for 9% of people in nursing facilities; in Missouri, they account for 25%. The rate of people under 65 is more than twice the national rate of 18%.
The report attributed the widespread practice to the state’s court-appointed guardianship system, which it called a “pipeline to a nursing facility.” The pattern in Missouri is that people with mental health disabilities cycle in and out of psychiatric hospitals; they get assigned a guardian, either family or a public administrator because they’re found to be unable to care for themselves; and then, frequently, the guardian places the person in state facilities.
Thousands have ended up in nursing facilities as a result of guardianship. One unnamed person cited in the report called the court-mandated oversight a “sentence to be locked in a (nursing facility).”
Guardians are also allowed to set limits beyond those set by the actual facilities.
“Prisoners have more rights than a person under guardianship has,” said a resident named Angela. “Anything I do or have pleasure in, like smoking, can be taken away (at) the whim of my guardian.”
Alternatives to institutions
The people in Missouri institutions instead need community-based services, according to the report, which allow them to live in their communities in compliance with the Americans with Disabilities Act. All are offered in the Midwestern state but not widely.
The alternatives, the report says, include:
◾ Assertive community treatment: an evidence-based model where people with mental health disabilities are treated by people trained in psychiatry, social work, nursing and other fields.
◾ Permanent supportive housing: another evidence-based model where the person with a disability is limited to spending up to 30% of their income on rent for housing that’s in a community or building not reserved for people with disabilities.
◾ Peer support service: A type of mental health care provided by people with experience with mental health issues.
◾ Mobile crisis services: Mental health providers respond to mental health emergencies like 911 intending to divert people from psychiatric hospitalization.
◾ Crisis stabilization services: These community settings serve as an alternative to emergency rooms for people experiencing mental health crises and aim to connect them to lasting care.
Utah investigation
The DOJ found Utah was “segregating” people with disabilities, a clear violation of the Americans with Disabilities Act.
The federal investigators found the state has a practice of funneling people with disabilities into programs in “warehouse-like” settings in isolation from people without disabilities. In such settings, they aren't allowed to choose how to spend their time and cannot partake in typical community activities, including shopping, exercising, or meeting friends.
At the warehouses, they perform repetitive tasks like sorting through recycling, shredding paper, or folding laundry, often for less than minimum wage, the report says. The programs tend to target young people with disabilities who are transitioning out of school.
The report found the wait for state vocational programs providing long-term job support for people with disabilities is over five years long.
The Utah investigation began in March 2021 and was published this week.
Joe Dougherty, a spokesperson for the state’s Department of Health and Human Services, issued a statement in response.
“While nobody likes hearing that their programs still have barriers for people to receive services, the state of Utah sees people with disabilities as critical citizens in our state and is committed to improving our service system,” he said. “The benefit is reciprocal, as people in the community benefit from the talents, perspectives and experiences of people with disabilities.”
Nebraska pushes back
The DOJ’s investigation in Nebraska focused on people with serious mental illness. It found the state was also funneling people into segregated day programs and living facilities, rather than programs aimed at promoting integration.
State law, according to the report, mandates there be enough community-based programs to ensure people with mental illness can work and live independently. But around 5,000 people live in nursing facilities, many exclusively for people with disabilities.
Nebraska’s Department of Health and Human Services pushed back against what it called “allegations.”
Spokesperson Jeff Powell touted the creation of Certified Community Behavioral Health Clinics where anyone can get mental health care; the development of better programs to help people get disability accommodations; and the fact that it already offered employment and supportive housing programs.
“Pointedly, the DOJ concedes that the programs desired by the federal government already exist in Nebraska today,” Powell said. “DHHS intends to resolve this matter as expeditiously as possible and in a manner consistent with law and the best interests of the people of Nebraska
#USA Today#American disability Act abuse#nursing institutions in place of psychiatric hospitals#rights being taken away#prisoners have more rights wtf#Missouri#Utah#Nevada#chronic illness#spoonies beware#forties beware
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Need legal help with your business? Our St George Business Law Attorneys can help! Call with our experienced St George Utah lawyers today. For more information contact our St George lawyer and call us today at 435-375-3959.
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Introducing the Mysteries of Lawyers: From Legal Expertise to Advocacy
Recognizing the Function and Value of Attorneys
Attorneys, commonly referred to as lawyers or lawyers, play a vital duty in maintaining justice and making certain the performance of a reasonable legal system. They are experienced people with specialized understanding in numerous locations of law, furnished to give lawful recommendations, depiction, and also advocacy to their customers. The field of legislation is substantial, encompassing varied areas such as criminal legislation, civil law, business legislation, family legislation, as well as a lot more. Legal representatives act as counselors, advisors, negotiators, and, in many cases, as litigators to protect their customers' civil liberties and also interests.In enhancement to
their expertise of the legislation, attorneys possess a variety of skills that allow them to stand out in their occupation. Efficient interaction skills, important reasoning, analytical reasoning, as well as analytical abilities are vital for attorneys to navigate complicated legal concerns as well as suggest persuasively in court. Additionally, legal representatives must remain upgraded with the most recent legal advancements, guaranteeing that their recommendations as well as representation are based on current legislations and regulations. Their dedication to justice, honest conduct, as well as dedication to supporting the regulation of regulation identifies attorneys as crucial columns of our lawful system.Demystifying Typical Mistaken beliefs about Lawyers Regardless of their significance in society, lawyers usually encounter misunderstandings as well as stereotypes. Some believe that legal representatives are only motivated by financial gain and also want to control the lawful system for their advantage. Nevertheless, it is important to recognize that attorneys are bound by an expert code of ethics, which obligates them to act in the most effective passions of their clients while promoting the honesty as well as justness of the legal system.Another usual false impression is that attorneys just stand for people associated with criminal situations. While criminal protection attorneys are popular figures in the legal field, lawyers additionally give useful solutions in numerous other areas. They assist people in drafting wills, resolving conflicts, negotiating contracts, managing divorces, as well as navigating the facility web of business regulation. Their know-how extends to recommending organizations on conformity with regulations and also ensuring legal protection.In verdict, lawyers are not only lawful specialists but also promotes for justice. Their duty prolongs past court battles, as they offer important assistance in lawful issues and contribute to maintaining the guideline of legislation in our culture. Eliminating misconceptions and understanding the complex nature of lawyers' work is crucial in recognizing their important payment to our lawful system.
Read more here Probate Attorney Hyrum Utah
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Family Law Lawyers St George Utah | Turner Law
Discover the key to safeguarding your assets during divorce with the expertise of a trusted Family Law Attorney. Click the link to learn more about how they can assist you in navigating the complexities of property division. Don't let your hard-earned assets slip away - take control of your financial future today!
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Hunter Biden broke multiple laws.
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‘2 TIERS OF JUSTICE’: Rapper’s Lawyer Slams Hunter Biden’s Plea Deal After His Client Served Time For Same Charge
By Cullen McCueJune 20, 2023Updated:June 20, 2023
A lawyer who represented Florida-based rapper Kodak Black slammed Hunter Biden’s generous plea deal as an example of a two-tiered justice system in an Instagram post Tuesday.
Kodak Black was sentenced to three years in prison after accepting a guilty plea to weapons charges in 2020. He was later pardoned by former President Trump during his final days in office, as were several additional rappers, including Lil Wayne. Like Kodak Black, Lil Wayne served several years in prison after pleading guilty to weapons charges.
“2 tiers of justice?” wrote attorney Bradford Cohen in a caption on a side-by-side photo of his client’s prison sentence compared with Hunter Biden’s deal. The president’s son is not expected to serve any jail time under terms of the deal.
“Kodak was charged for the same crime. Got over 3 years. Mr. Biden will not serve a day. Feels right?” Cohen wrote. “Do FBI agents and federal authorities take cases personally?”
Hunter Biden is expected to plead guilty to two misdemeanor tax violations, as well as a felony weapons charge. He is not expected to serve any prison time under the terms of the deal and will accept a pretrial diversion program for the weapons charge.
“DOJ is violating its own internal policies on this case,” said former U.S. Attorney for the District of Utah Brett Tolman. “The Ashcroft Memo requires they charge the ‘highest provable offense’ and seek consistent sentences with other cases brought by DOJ. This prosecution is an absolute laughable joke. Thousands have been sent to prison for long terms for the same charges.”
In response to the deal, House Republicans have vowed to continue their rapidly intensifying investigation into an alleged criminal bribery scheme involving the Biden family. Both Joe Biden and his son have been credibly accused of accepting a $5 million bribe in a quid-pro-quo agreement to get Ukrainian prosecutor Viktor Shokin fired.
Shokin was investigating the Ukrainian energy firm Burisma, where Hunter Biden sat on the board.
The foreign national referenced in an FD-1023 form compiled by a “highly credible” source — who has since been named as a former Burisma executive — allegedly kept recordings of conversations between himself and the Biden family.
CALLED IT: Trump Predicted DOJ Would Charge Hunter With ‘Something Small’ To ‘Make Their Strike On Me Seem Fair’
‘2 TIERS OF JUSTICE’: Rapper’s Lawyer Slams Hunter Biden’s Plea Deal After His Client Served Time For Same Charge
Biggs Sounds Off On Biden DOJ, Says Hunter’s Deal Is A Deflection From House GOP Bribery Probe
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Jeremy Eveland Utah Attorney Naples
Jeremy Eveland is a distinguished attorney based in Utah, known for his expertise in family law and estate planning. With a dedicated practice spanning over a decade, Jeremy Eveland has built a reputation for his compassionate approach and strategic legal counsel. His firm, serving clients across Utah, specializes in navigating complex family legal matters, including divorce, child custody, and adoption, with a commitment to achieving favorable outcomes for his clients. Beyond family law, Jeremy Eveland also provides comprehensive estate planning services, helping individuals and families secure their futures through wills, trusts, and probate administration.
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