Hanging By a Thread

Tis the Season: PSA on Female Drinking and Driving

In a Flash

One minute you're having a blast and not thinking about the grand scheme of life and perhaps being a bit reckless in your revelry and the next minute something happens that changes lives forever. It's like when you're watching a movie and everyone is having a great time laughing and full of bliss and life is just perfect, but you know something bad is about to happen to end all that happiness because you have the benefit of observing the whole scene from the outside, plus the soundtrack usually gives it away too. This is what having too much to drink and then choosing to drive home could look like.

A Focus on Women    

Much of the emphasis on drinking and driving has traditionally been put on teens and men. However, this is an issue that can affect both female and male; both young and old, including parents.

While both parents should use extreme caution when drinking and getting behind a wheel, this post is focused on women who have a drink and drive later. In 2008, women drivers who were drunk were involved in 1,837 road deaths.

A mom is less likely to take risks when his or her children are present than after a night of fun out on the town with friends, coworkers or a spouse. And generally, a mom out of the house without her children wants to relax, cut loose and perhaps have a drink. I certainly understand that and consume in a drink or two when out with my friends or my husband.

Consider these scenarios: a woman out to dinner with her friends misjudges how much she had to drink or how it affected her; or stops by for happy hour with co-workers at a bar on the way home and has several drinks on an empty stomach; or mom and dad leave the kids with a sitter and go out to dinner for a much needed date night and a bottle wine. These situations are probably easy to imagine because you have more than likely experienced them first hand.

In each of these scenarios, there is the possibility that the person will drink enough to become intoxicated and unfit to drive a vehicle. And in each case, the person is highly likely to drive home anyway. This issue is a problem at any time of the year, but here we are just a few days from New Year's Eve; one of the most alcohol saturated nights of the year. So, I thought this was especially on-point this week.

Women and DWIs

The number of women arrested for DWIs and/or involved in alcohol related accidents has dramatically increased over the years. The Century Council reports that in the 80s women accounted for only 9% of those arrested for DWIs, but from 1997 to 2007 that number had risen to 29%; and in the past decade has increased to 36%. So, what is causing this increase?

The social culture of our country and the role of women has changed significantly since the 80s. More women have full-time jobs in addition to the family duties at home. The pressure to be a super mom often manifests itself through alcohol consumption. There are books, blogs, twitter handles, and twitter parties devoted to a mom's need for a drink at the end of the day.

While our society has become more accepting of mom's Facebook post or tweet suggesting that she can't wait for her #wine, women are still quite adept at hiding actual addictions to alcohol and drugs. Most women are multi-taskers by nature and it appears that drinking is one of the things that women can do without anyone at home or work really noticing.

Studies show that women arrested for DWIs tend to be middle-aged or older, more educated and single, separated or divorced. The average female first time offender is 31 years old.

Affect of Alcohol on a Woman's Body & the Law

Addictions are one thing (& quite another blog post) and driving after drinking is quite another. It doesn't matter if you are drunk every night or once a year, women must be cognizant of that fact that our bodies are not the same as a man's and the effects of alcohol can be different too.

Women have less body water to dilute alcohol as it passes through the digestive tract; less of the liver enzyme, dehydrogenase, that metabolizes alcohol; and are therefore, more exposed to the alcohol and its harmful effects longer than males. Source: The Fix

Alcohol is tricky; its effects can depend on weight, gender, genetics, amount of food consumed, amount and type of alcohol consumed, medications taken, lack of sleep, stress levels etc. What many of us don't realize is how much {or how little} alcohol our bodies can handle when it comes to being intoxicated and unfit to drive, depending on all of these factors and more.

Blood Alcohol Level (BAL), or Blood Alcohol Concentration (BAC), means the amount of alcohol in the bloodstream. All 50 states and the District of Columbia have laws that say a person is too intoxicated to drive when his or her BAC is .08 % or higher, which is .08 g of alcohol per 100 ml of blood.

When you drink an alcoholic beverage, the alcohol goes from your stomach into your blood, then to the liver heart and brain. Alcohol is not digested, but absorbed. Interestingly enough, an older adult consuming an alcoholic beverage raises the BAL 20% more than it does for a younger adult. However, a younger person with a .10 % BAL has a significantly higher risk of being involved in a fatal crash than an older adult with the same BAL.

As noted above, women have less water in their bodies, but they also have more fat. Alcohol does not enter fat cells as easily as other types of cells, which mean that the alcohol stays in a woman's bloodstream longer. And this can mean that a woman may still be drunk at the end of the evening out with friends, even though she stopped drinking long before.

Even our states of mind or menstrual cycles can have an affect on our level of intoxication. In fact, if it's a person's intention to drink to get drunk, it will take that person less alcohol to feel the impairment, as is also the case with a person who is overly tired or overly stressed. We can't fool our bodies.

The Scoop

As my husband's family has joked about for many years now, "Tis the Season" to drink during this month of holidays. Whether it's a cocktail over apps, a glass of wine with dinner and liquored up coffee or cocoa or simply 2 glasses of wine during a meal with friends or a beer on an empty stomach or an overly exhausted parent consuming one cocktail, we need to think twice before consuming alcohol and getting behind the wheel.

Don't let this happen to you. One careless mistake after a night of fun and laughter can fracture your world and forever alter the lives of your kids, spouse and perhaps someone else's family forever.

Think ahead, think twice, monitor the number of drinks you have consumed and don't be ashamed to call a cab, your spouse or a friend to drive you home. We must also not be timid about telling a friend that is clearly too drunk to drive that you are taking her keys and offering a ride, having her spend the night or calling a cab.

This is something we can control, whether before or after the drinks have been drunk. Drink responsibly; drive sober or not at all. Over and out...

Anna

 

Mississippi Underestimated: Answering the Question of Personhood

Free Choice

I recently saw a quote from a conservative governor stating that he had vetoed a particular bill because he didn't want to micromanage the actions of adults. This quote struck me as odd for a number of reasons. To name one, it's conservatives who typically are trying to take away the choice of abortions for all women. Isn't this also micromanaging adult women's actions?

Let me be clear. I am not a proponent of abortions. I don't know a single soul who is. I am a proponent of free choice. Abortion is not something that I would choose, as far as I know. But then again, I've never been in a position to have to make this decision; so I can't say for certain. I am certain that I cannot make that decision for anyone else though; it's not for me to say what others do with their bodies.

I think that a woman or a man should have the choice of making decisions regarding her or his body without the state interfering with this choice because someone else living in that state may disagree with the choice that person makes. The decision to have an abortion for any reason is one of the most personal choices I can think of.

An Argument for Conservatives

I liken my argument to that of gun rights. I, personally, don't think that people should own guns for personal safety or hunting. I, personally, think that people with guns make our society less safe. However, not everyone agrees with me. There are those who think it's vitally important to have firearms in the home in order to protect the family. There are others who enjoy the sport of hunting.

I will leave them to their sport and their sense of security. I will not tell them they can't own guns, even if they are safe with them and follow all the laws regarding firearm ownership and don't threaten others or commit crimes with their firearms. That is their right.

MS 26

Well, it's also a woman's right to decide what happens to her body. Yesterday, the people of Mississippi went to the polls to vote on a number of items, one of which was Initiative 26. "MS 26" as it was termed may have been on the MS ballot, but it was an issue that could have affected all women across this country. I spent my evening watching my Twitter stream with the hashtag #MS26 {I met some lovely ladies from MS too.} and monitoring MS election results.

If MS 26 had succeeded it could have opened the flood gates rushing toward the eventual overturn of Roe v. Wade. Well, it didn't. The people of Mississippi came through in the name of women's rights.

The exact wording of MS 26 is this:

Should the term 'person' be defined to include every human being from the moment of fertilization, cloning, or the equivalent thereof?

57% of the voters in MS answered this question with a resounding, "NO" despite the time and money spent by Personhood USA in hopes of a "yes" vote.

Personhood USA

Personhood USA is a Colorado based "Christian" nonprofit organization that "serves the pro-life community by assisting local groups to initiate citizen, legislative, and political action focusing on the ultimate goal of the pro-life movement: personhood rights for all innocent humans."

What this means is that a grassroots team showed up in MS and planted the idea of putting this question to the vote of the people in hopes of stirring the pot into a frenzy that could lead other ultra conservative states to do the same. The Personhood Mississippi website says if the vote was yes, a legal challenge would be set up to challenge Roe v. Wade. Of course, the website also says that the most important reason to vote yes is that it will honor God and show love to their neighbors in the law system. Clearly, Personhood USA was appealing to the conservative Christian voters of that state.

Strong Southern Women

Mississippians responded with their own grassroots fight, explaining to would-be voters that MS 26 could have more far reaching effects, such as infertility treatments, access to contraception and women's health, in general. Personhood USA thought it could appeal to the deeply conservative, Christian, low-income and uneducated citizens of MS. They were wrong. Mississippians are smarting than that.

The idea of the personhood question evolved from U.S. Supreme Court Justice Potter Stewart's observation during Roe v. Wade oral arguments when he said, "If it were established that an unborn fetus is a person, you would have an impossible case here." Now Personhood USA is trying to do just that. 

The Scoop

There are a number of laws in place that regulate the how, when and where abortions are performed, by whom and upon whom. It's not a spur of the moment, lightly taken, frivolous decision....ever. And the laws in place protect those who for whatever reason have come to a clinic for an abortion. Without these laws, providing this right, abortions would still take place, but behind the scenes, without safeguards, without regulating the who or what or when or where.

In the past I wrote about laws with unintended results. If the voters' answer to MS 26 had been yes, this would have been one of those laws. This issue is not about choosing abortion; this issue is about choosing for one's self. The people of Mississippi have chosen for themselves. Over and out...

Anna

 

Falling Into the Reflecting Pool: Narcissistic Criminals

What Would You Do?

There is a saying that goes something like this, "What would you attempt to do if you knew you couldn't fail?" It is usually meant to inspire people to aspire to great things. Well, I have a slightly different question. What would you do if you knew you would get away with it?

After reading too many articles about greatly accomplished people who have money, status, respect and influence who eventually fall from grace and into criminal court, I have come to ask this question: what makes a person who has wealth, prestige and power commit a crime? Is it the belief that all that he has will redeem him of his crimes? Is it that he truly believes he is immune from criminal charges and above the law? Is it that he thinks no one could possibly believe that he, such a fine person, would commit horrible crimes? Or could it be something else?

Criminals at the Top

Yes, I realize I have used the masculine word "he" in the above paragraph. It's not that I don't think women would or could commit such crimes, they have. But the instances that come to my mind are overwhelmingly men. Just in the last few days, I have read several such articles and when I think back further over the years, the list seems endless; there are athletes, politicians, lobbyists, celebrities, businessmen and socialites.

Yes, I realize that people of all walks of life, regardless of the amount in the bank account, the size of the investment portfolio or the person's background, education, upbringing, religious beliefs, gender, profession or lack thereof commit all kinds of crimes. And there is almost always a question of why regardless of whom it is that commits the crime.

But to me, the most baffling are those who seem to have it all and then lose it all because they chose to break the law; those who are already in the limelight and more closely scrutinized even before allegations of crime emerge; those who are in leadership positions; those who command great respect; those who hold great monetary power.

Greed

My theory is that greed, pure and simple greed, is at the heart of this matter. The more you have, the more you want. The more you have, the easier it is to get what you want. The more you have, the bigger your ego. The more you have, the less you care about others.

The high and mighty do not steal to cover basic needs or provide for their families. They, generally, are not mentally deranged. They are not modern day Robin Hoods. They simply do it because they think they can. They do it because they don't care about how their crimes will affect others around them. They do it because they want to and it will benefit them in some way.

Narcissism

My hypothesis is that these people are narcissistic. Narcissism is quite complex, and just what it entails seems to depend on whom you ask, but basically it's inflated self-importance, lack of concern with what happens to others and a highly developed sense of entitlement. Put these things together and you could have a criminal mastermind.

Oddly enough it's probably these narcissistic traits that helped these people rise to the top of their respective professions. And sadly, it's these traits that will aid them in rebuilding their fame and fortune even after they serve their time and pay their fines and drop from view for a short period of time.

Almost all will return to the public eye and many with a spot on TV or a book or two in which they get to talk about themselves. What a surprise. After all, another characteristic of narcissism is a lack of shame.

The Scoop

The above description of narcissism sounds like a young child: self-centered, selfish, and self-important. The world revolves around the toddler. Fortunately, most kids grow out of this self centric universe and realize that others have feelings and needs and develop a sense of responsibility, service and compassion. Those who don't may grow up to be the president, a corporate giant, a celebrity and perhaps a criminal. Over and out...

Anna

A Fine How Do You Do: Theft or Slip of the Mind? {On a Soapbox}

Where to Draw the Line

It's against the law to take anything you haven't paid for from a store. It doesn't matter whether the item cost $2 or $20,000; it's still a crime. Some people do steal. And when they do they should be punished. But sometimes people make a simple mistake. Sometimes it's just a slip of the mind.

Should that person still be punished? Or should that person be able to pay for the item that he or she forgot to pay for, but meant to, and go on about his or her business?

Before you answer that question, let me tell you a story.

Welcome to Hawaii

A family moves from CA to HI, after a few weeks, they are still trying to figure out their new surroundings. The mom, dad and almost 3 year old daughter take the bus to the grocery store, getting lost in the process, finally arriving at a Safeway.

The mom is 30 weeks pregnant. She is famished; the whole family is hungry since they got lost and their trip to the grocery store took much longer than expected. As they shop, they pick up two chicken salad sandwiches, open the packages, saving the wrappers for the checkout line, and eat the sandwiches in plain view.

The family finishes shopping, pays for their groceries and exits the store. At this point, store security approaches them. It is at this point that the couple realizes they forgot to pay for the sandwiches they ate. They offer to pay the $5 for the sandwiches, but are taken to the manager's office.

Again, they try to pay for the sandwiches, explaining what happened. The manager refuses to allow them to pay for the sandwiches, citing store policy regarding theft. Instead, the store manager called the police. Four hours later, the police arrive.

The police arrested the mom and the dad, and child protective services arrived to take the almost 3 year old into custody. The mom kept her composure until her little girl was gone. At that point, she became hysterical, got sick and threw up due to her concern for her child who had never spent a night away from them.

The police booked them, took mug shots and then released the two on a $50 bond each. The parents walked back to Safeway, retrieved their groceries and walked home. At this point, it was almost midnight. The couple sat up that night waiting for the first minute they could get their daughter back. Eighteen hours after their little girl was taken from them, she was returned.

They retained an attorney. And at the attorney's advice went to the media about this. Safeway's corporate office is backpedaling fast.

My Take

Where's the humanity? I got sick to my stomach and tears welled up in my eyes as I read this account. I placed myself in this mom's shoes and I know that could have very well have been me. My heart went out to her thinking about her child being taken away from her by a person who her daughter did not know, having never spent the night away from mom and dad.

Who among us, especially while pregnant, has not opened a package of food for us or our child while shopping? And who among us, especially while pregnant, has not had a slip of the mind while running errands, particularly with a child?

I am all for punishing crimes; crimes of any degree. But there was no intent here; there was no crime here.

Safeway, have a heart; have some decency; listen to your paying customers. They may have a valid explanation. I don't have any Safeways around me, but you can bet your beans that if I did, I wouldn't give them any of my business ever again.

Safeway, this is the kind of debacle people remember. This kind of thing makes me fighting mad! Let me tell you another story, with a different flavor.

Several days ago, I saw a tweet from someone that said her aunt in MA was having back trouble and had phoned her local grocery store and asked if they could help her out. They took her list, shopped, checked out, bagged and delivered her groceries to her; all just because they value their customers.

I tweeted this woman's niece to ask her what grocery store it was. She said it was a small, local store and they didn't even have a website, but she was volunteering to create one for them since they had been so nice to her aunt.

Now that's good customer service. Trust others; give people the benefit of the doubt; have some humanity! You just might be wearing the other shoe one day and need human kindness yourself. Now, how would you answer the question? Theft or slip of the mind? Over and out...

Anna

 

Weird and Creepy: Laws Regulating Trick-or-Treating

Every year on Halloween, Will and I have the same discussion. He laments the fact that so many older kids come around trick-or-treating without costumes on, coming by later in the evening than the goblins, princesses, super heroes, cowgirls, furry animals and creatures from out-of-this world. I tell him the evening is all in the name of fun; it doesn't matter whether they have a costume on or not. Will continues to pester the candy-craving pr-teens queries like "What are you dressed as?" or "Where is your costume?" Dude, let it go....

Well, it turns out there are places where this would not be allowed, and DH is actually right {gasp}. There are cities that regulate the who, what when and where of trick-or-treating. Whether these laws are strictly enforced is subject for debate.

• In Walnut, CA you must have a permit to wear of mask or disguise of any type on a public street.
• In a handful of towns in VA restrict trick-or-treating to kids under the age of 12 years of age and define the hours of trick-or-treating from 6 p.m. to 8 p.m.
• Women can't wear corsets in Merryville, MO; so, plan costumes accordingly.
• No one can impersonate a member of the clergy in AL.
• In Dublin, GA those over 16 are not permitted to wear sunglasses, masks, hoods or other such get ups that conceal their identities.
• In Belleville, IL children up to 8^th grade are allowed to trick-or-treat; the mayor says trick-or-treating is for younger kids only.
• No goofy mustaches in AL; at least none that will make people laugh in church;
• In Rehoboth Beach, DE if Halloween falls on a Sunday, trick-or-treating will be on done on Saturday, October 30^th from 6 p.m. to 8 p.m. instead.

Does your city have any restrictions on how you celebrate Halloween? Either way, use caution and good sense while trekking through the darkened, spooky streets of your neighborhood; statistically, it's a dangerous night. Need some safety tips? Here are two posts from last year on costume safety and general Halloween safety.

Have a creepy, fun night with your little creatures! Bwahahahahaha! Over and out....

Anna

Something Different: IDEA Part C Updates to Take Effect

Gawking Strangers

The stares. I'm still not used to the stares. And it's not kids; it's adults; it's other parents. We were surprised by this part of it. I suppose we shouldn't have been though. Three weeks ago, Darling 1 got two casts from below his knees down to his toes. He isn't hurt; he isn't in pain. He is a toewalker and has been since he began walking at 10 months.

I've been working on treatment for this since that time. Finally, he's getting treatment. He's growing new muscle in his calves that will give him more range of motion. We have a remedy. Every Tuesday he gets new casts, slowly, but surely changing the angle of his foot.

The Casts

The new casts each week is the fun part of this process. He is being very brave, and we are very proud of him. He has had only a few melt-downs about not being able to wiggle his toes or being itchy, etc. But he knows what the casts are doing, and he wants to be able to walk flat-footed. So, he endures.

His friends, classmates and teachers have been wonderful about it. They love to see what colors and designs will show up each Wednesday. They are totally accepting of his new look. Darling 1 gets around perfectly fine; he just can't run, but he can walk really fast.

Mind Your Own Beeswax

The adults we come in contact with, or merely pass by, are the ones who stare and ask questions; questions that make Darling 1 cast a fixed gaze to the ground. The stares have gotten to me. I stare back. I answer the probing questions from strangers with terse, vague answers. Darling 1 hasn't noticed that anyone is rubber-necking as they drive by as he happily walks along next to me on our way home from school or as we amble into the store from a parking lot or as he easily makes his way up, over, under and through the playground equipment at the park or while we wait to be called back for our appointment at Children's Hospital. Thank God.

I know these strangers don't mean any harm; they don't mean to be rude; they're simply curious. "Two casts?" "Wow, two broken legs?" "Oh, that must hurt?" "What did you do?" Well, when you're 5 years old and just want to fit in and you see the differences, those questions can be hurtful and perplexing.

I won't pretend to know all the heartbreak, the difficulties or the joys and the pride of raising a child with extreme disabilities. I'm sure they are many. But I now have a new appreciation for the outward appearance of something different from others, i.e. helmets, leg braces, etc.

IDEA Part C

If your young child has developmental delays or disabilities, you should be aware that on Friday, October 28, 2011, new, updated Individuals with Disabilities Education Act (IDEA) Part C regulations will take effect. IDEA Part C applies to the youngest of those at risk; birth to 2 years. Part C has been around since 1986, but has not been fully updated since 1999 (there was a statutory update in 2004).

Well, a lot has changed in our world since 1999. Check for specific information or topics in this side-by-side comparison of new and old text. There is a lot of text (over 900 pages); so, I suggest looking up the subject you are interested in and viewing those parts, as opposed to reading through all the regulations.

There are agencies trying to wade through these new texts and get summaries and outlines out. Here are a few websites to watch for more information: National Dissemination Center for Children with Disabilities (NICHCY), idea Partnership and the U.S. Department of Education.

IDEA aides over 340,000 children and infants. This federal grant program provides over 400 million dollars to State run IDEA programs. This program assists States in facilitating early intervention programs for infants and toddlers with disabilities and developmental delays. The objective is to prepare as many of these kids as possible for preschool and kindergarten to ensure a greater rate of educational success for these high needs kids.

The Scoop

If your child falls into these categories be sure to monitor the changes on the sites listed above. I also don't pretend to know much about the laws governing special needs and disabilities, etc., but the sites listed above specialize in these areas. And if your child does not fall into these categories, remember... please don't stare when you see a child who is different in some way. Over and out...

Anna

Budget Cuts Hit Home: Topeka’s Prosecutorial Blunder {On a Soapbox}

No Experience

I usually fight with words. Fortunately, I don't have personal experience with domestic violence. While searching my brain for a personal story to tell involving domestic violence, there is only one that comes to mind, and even it was not necessarily domestic violence, but the potential for it. And it's not my story to tell. It (almost) happened to a friend. And I'm happy to say that she did not marry him in the end.

When I wrote about domestic violence last December, many of my regular readers did not read those posts. Hopefully, this means that domestic violence is not something you have any experience with.

Finding Strength to Report

For those who do live with violence or even the threat of violence from a supposed loved one it's degrading, devastating, depressing and dangerous. For many living with this secret, one of the hardest things they will ever have to do is pick up the phone and call the police on a spouse or significant other.

And yet, many will find the strength to call and report an assault. Some of those will later recant their stories and refuse to testify against their abusers, but some will keep that ire burning, still feeling the sting from the smack dealt to them from some who's supposed to be a protector and supporter. Those people will be willing to testify against their spouses/partners/significant others and aid the prosecution as best they can. Then, hopefully, those people can move on with their lives.

No Aid Available

Well, what if no one could afford to prosecute such cases? What if the city decided to repeal the law making domestic violence a crime? What if the county refused to prosecute these misdemeanors? What would be the point of calling the police? Who would help those in need?

Well, that's exactly what Topeka, Kansas, did. In an attempt to cut budgetary costs, the city government repealed a municipal law making domestic violence a misdemeanor. Back in September the Shawnee County District Attorney stopped prosecuting domestic violence cases due to budget cuts. The city says this is an attempt to get the district attorney to begin prosecuting these cases again. And it worked too.

Reckless Abandon

The way I see it, this is an awfully reckless move on the part of the county and city. If the county and city refused to prosecute misdemeanor domestic violence cases, then it would have been open season for abusers in Topeka. Thankfully, the Shawnee County DA, Chad Taylor, reluctantly agreed to begin prosecuting the domestic violence cases even though they have very few resources and are lacking in staff.

Of course, the dropped cases would have applied only to misdemeanor charges, not felonies. If a domestic violence case had escalated to a felony, let's say murder, then that case would have been prosecuted by the district attorney. Unchecked, unstopped, unprosecuted domestic violence could very well lead to murder, of either the abused or the abuser. And the authorities sure as hell will prosecute an abused spouse/significant other who kills her/his abuser. This is not a situation to take lightly.

Threatening the safety of its citizens to force the hand of the county district attorney's office is heartless and treacherous. I understand that everyone {individuals, small businesses, municipal, county, state and federal government agencies} is struggling to make ends meet, with the exception of the elite top 1% of our country, but taking it out on domestic violence victims is not OK.

The Scoop

Topeka, figure it out. While the Shawnee County DA has taken on these cases once again, there remains a budget issue. This could be a nightmare, both figuratively and literally, for citizens, the city and the county. Cut from an area of the budget that will not affect such a vulnerable, usually mute, segment of the community; perhaps a cut to your own salaries is in order, City of Topeka officials. Priorities must be set; the safety of people must be placed over other city projects. Over and out...

Anna

Times Have Changed: Cyberbullying Prevention Part I

The Dark Ages of the '80s & '90s

When I was a young teen there were no smart phones, no texting, no Internet, no wifi, no Facebook, no Twitter, no email, but we did have landlines. It sounds strange to think that we were once limited by the length of the cord on our phones.

My friends and I used our phones constantly. We called each other, and we called boys; sometimes we talked to them; sometimes we called on each other's behalf, which made it very difficult for the boy to ever figure out exactly who did like him; but mostly we hung up in fits of laughter, over and over again. And we could do this because Caller ID had not been invented yet. Ah, the freedoms of the dark ages.

We were limited in our methods of communications: we had a phone at home, pen and paper and we actually talked person to person too. There was no way to spread messages to the masses; for good or evil purposes. Cyberbullying had not been invented either.

It was a different time. Kids didn't have to worry that something they told a friend would be spread to the whole school in a matter of minutes. When I was a teen cameras still had film that had to be developed at a photo booth; there was no instant sharing of this or that. We still passed handwritten notes. I'm sure you remember these days too.

Tech Savvy Teens

Today is a different story. Kids as young as 10 have cell phones and most cell phones have texting capabilities and a camera. Many phones are smart phones that are connected to the Internet and in turn connected to Facebook, Twitter and other social media platforms. Sharing and spreading information for the good of the world or to take down a fellow student deemed "easy prey" is at a child's fingertips.

And kids take full advantage of this opportunity. Kids can be ruthless and compassionless; they can be brutal and relentless; they can push and push and push until the target feels utterly alone and begins to believe the things being said about him or her; and that's when it can become deadly. These cruel, heartless acts are called cyberbullying. October is National Bullying Prevention Month. So, it's a great time to talk about this issue, although really anytime is a good time to discuss how to stop bullying.

No one is immune. Cyberbullying is a team sport. It takes only one to start it, but teens If no one paid attention to rumors or laughed at the jokes being made about a fellow student or made comments online regarding these hateful statements or if a student stood up to the bully and sided with the one getting bullied, then cyberbullying would not make an impression on anyone. But it does.

Cyberbullying

But the truth is cyberbullying does hurt...a lot. The worst part is that there is no reprieve from it; cyberbullying happens at school; it happens at home; it happens on the bus; it happens at anytime and anywhere thanks to our constantly expanding technologies.

So, what exactly is cyberbullying? Cyberbullying is using technology to target another person through harassment, embarrassment, humiliation and/or threats. Cyberbullying may not cause physical injuries, but it can be even more devastating since the person being bullied may not know who the bully is, why the bully is focusing on him or her, and the bullying is often witnessed and shared by a large number of students.

Even if there is only one person behind a cyberbullying campaign against another, generally the bullying is perpetuated by other students sharing the comment or photo posted by the bully, forwarding emails started by the bully or by others merely viewing the photos or comments posted and not doing anything to stop this.

Cyberbullying can be very difficult to track and stop since it can be done remotely without the bully ever facing the target in person. It's a cowardly act to bully at all, but cyberbullying is the most cowardly.

Anti-Bullying Laws

While most states now have laws to prevent and/or punish bullying, most do not have provisions that cover cyberbullying. According to the Cyberbullying Research Center, only 8 states have laws that include the term cyberbullying. However, 34 states do have laws covering electronic harassment; check your state for specific terms and provisions. You can find your state anti-bullying law here.

For the most part, as mentioned in my article on anti-bullying laws last October, these laws are not very substantive. The majority of the laws consider bullying a school issue, and many state laws merely require school districts to develop an anti-bullying policy and discipline offending students.

Cyberbullying is more difficult to catch and enforce by the very nature of what cyberbullying is. School officials often don't see or even know about the cyberbullying going on since much of it takes place outside of school on personally owned devices; i.e. cell phones and computers.

The Scoop

Preventing and stopping cyberbullying is challenging and takes the vigilance and cooperation of students, parents, school personnel and law enforcements officers/agencies. As a parent, you must be informed about what cyberbullying looks like; what your state/local laws, if any, say about bullying, in general, and cyberbullying, specifically; keep an open line of communication with your child regarding this issue; and properly monitor your child's email communications and the social media sites your child and others his or her age frequently use. I'll have more on educating yourself and others about cyberbullying and ways to prevent and combat it in the next several days. Over and out...

Anna

 

Falsely Accused & Wrongly Convicted {On a Soapbox}

The Wrong Person

Have you ever been falsely accused of something? Something you DID NOT do. I don't mean something that was a misunderstanding; I'm not talking about a miscommunication. I mean something you simply had nothing to do with; a case of mistaken identity. Well, I have; and it's terrible.

I was not accused of a crime or civil wrong; it was a more personal wrong. Someone very close to me accused me of something that I did not do. It was frustrating; it was baffling; it made me very sad. There was nothing I could do to convince this person otherwise. It was mind-boggling to me that I had to stand in judgment for something that I never did in the first place and would not have done.

Found Guilty

Now imagine that you have been wrongly accused of a grisly murder. You're put under arrest; you're brought to trial; damning evidence is presented against you and the jury believes you committed this horrible act; you're found guilty; you're sentenced to life in prison, or worse, you're sentenced to death.

You maintain your innocence throughout the ordeal never wavering from your claim of misidentification, but to no avail. Your days are numbered. You appeal and appeal and appeal. And then your last appeal is denied; your day to die is set. You've spent years in prison and now you're about to take your last breath and all the while you've been innocent.

If you think this rarely happens, you're wrong. How many times have innocent people been put to death? Well, your guess is as good as mine. But the real question is how many is too many? How many innocent people put to death are we as a society willing to allow before we feel like it's a problem?

We feel safer knowing that someone has been caught and punished for the gruesome crime. Does that give us the right to sacrifice a few innocent people along the way?

Capital Punishment

I'm a native daughter of the "King of the Death Penalty" aka Texas. I went to law school in Oklahoma, a state with capital punishment, just a few years after Timothy McVeigh destroyed downtown Oklahoma City which also destroyed America's naiveté of domestic terrorism. And then I moved to a state without it and worked in the judicial system. And now live in another state where there is no death penalty. So, where do I stand on this issue now?

Honestly, I don't know if I'm pro or con on the issue of capital punishment. The turning point of questioning the value of the death penalty came during law school when I took a course on Capital Punishment which was taught by two people who were strongly against the death penalty. That class drastically changed my views of capital punishment. And yet, I was not completely opposed to it; just more exposed to the issues surrounding capital punishment.

Too Late

As science and technology have progressed and we have been able to identify DNA through analysis the playing field has shifted. More people have been exonerated of their crimes. For those working their way through the criminal justice system now, this is great news. For others whose supposed crimes were committed years ago, this evidence has come too late; too late for them to see their children grow to adulthood; too late for them to have careers and provide for their families; too late for them to see their parents again; too late for them to live their lives in peace. For a few, this evidence has come too late for life at all.

And this is where I have a bone to pick. Recently, I have read a number of articles and seen a number of headlines about prisoners, with many years of incarceration under their belts, some of them on death row, having their convictions thrown out due to DNA evidence. These are heartbreaking stories.

While the falsely accused shed tears of joy and smile and make statements of "thanks be to God' on the day of release, surely those good feelings turn to bitterness and anger after a few weeks of freedom. Surely, after the realization of what has been taken from them sinks in, there are tears of sadness and rage toward the system that allowed this cruel injustice to occur.

Freed At Last

Much has been in the news about Troy Davis and Amanda Knox in the last few weeks. One case that stood out to me this week was the Texas case of Michael Morton. Mr. Morton was accused of bludgeoning his wife to death in 1986, in Austin, Texas. Despite evidence to the contrary, Morton was convicted on circumstantial evidence of this horrible crime. Morton has spent the last 25 years behind bars.

The Innocence Project run by Barry Sheck took on Morton's case and eventually found key evidence that the prosecution had never shared with the defense team, including an eyewitness account of the murder from Morton's 3 year-old son and information that Morton's wife's credit card was used 2 days after the murder. The Innocence Project also won the battle to have a bloody bandana found near the Morton's house tested for DNA, a technique that was not available in 1986. The DNA analysis identified Morton's dead wife and another man who had since been convicted in multiple states.

This Tuesday Morton was freed; after 25 years of declaring his innocence; after missing 25 years of his son's life; after 25 years of his life was wasted behind bars he's free. Now authorities are investigating a similar murder of a woman in Austin from 1988 in light of his new DNA evidence from the Morton case.

The Scoop

Now put yourself in Morton's shoes and think about how you would feel about walking out of those prison gates at the age of 57, after 25 years of incarceration. What can be done to stop this from happening? Well, in this case the prosecution could have played by the rules. And with DNA analysis available this kind of mistake should not be happening in courts today.

I'm a proponent of our justice system; that is, if everyone abides by the rules of procedure and professional responsibility. However, sometimes that system fails us. So, we must all be ever vigilant to never make assumptions based on biases or media; and never forget or dismiss those who adamantly claim their innocence, even to the dying breath, as Troy Davis did. Over and out...

Anna

What If....Estate Planning Considerations Part I

Premature Aging

There are little things that make me realize that I am no longer in my 20s. Heck I'm almost out of my 30s; and yet, most of the time I don't feel like I'm getting older. That is, I don't feel the years until I meet a mom much younger than I am who has kids the same age as mine; or I make a comment about a movie or music or style from the 90s to someone who has no clue what I'm talking about because she or he was just a toddler then; or I glance in the mirror and see all the gray strands in my hair; or I'm reminded of the mortality of us all and how fleeting youth truly is. Then, I feel older.

A New Perspective

A few weeks ago a friend of a friend suffered a heart attack He is only 42 years old. He has a wife and three young kids. He is the primary breadwinner of the family. Thankfully, he survived and is recovering while making big changes in his diet and exercise routines.

It certainly makes one think about the "what ifs" of life, specifically "What if I die when my kids are still young", "What if I die before my estate is in order" and "What if I am disabled and become dependent on my spouse and kids."

Estate Planning Terms

These questions and others can be answered with a little research and planning. We all know we should have a will, but whether we all do have a will is another story. Getting a will drafted by an attorney is the most error-proof method of going about setting out your last wishes, but can also prove to be costly. In fact, it may prove to be outside the realm of your budget, especially during this economic crunch. You can find a more detailed article on wills and trusts here.

Here are other legal terms that are important to know and understand regarding estate planning:

Advance Directives:

An advance directive takes effect when one becomes incompetent and designates someone to make decisions for healthcare issues while the person is incompetent. The Uniform Health-Care Decision Act of 1993 states that a power of attorney for health care must be in writing and signed by the person making the designation.

Unless otherwise stated, an advance directive is in effect only upon incapacitation and ceases when the person regains capacity. The agent designated as stand-in decision-maker must follow any relevant instructions provided, if in the patient's best interest.

Also called: directives, healthcare proxy, power of attorney for healthcare

Living Wills:

This is an instrument, signed with the same formalities as is statutorily required for a last will and testament, allowing the person to give instructions as to whether he or she would like his or her life artificially prolonged by extraordinary means when there is no reasonable explanation for recovery from extreme mental or physical disability.

Also called: declaration of a desire for natural death, directive to physicians

Power of Attorney:

A power of attorney is an instrument that grants a person authority to act as an agent or attorney-in-fact for the grantor. An ordinary power of attorney is revocable and terminates upon the death of the grantor. There are different types of powers of attorney documents, which I will elaborate on later this week.

Guardian:

A guardian has the legal authority and duty to care for another's person or property due to the infancy, incapacitation or disability. A guardian may be appointed for general purposes or specific purposes. Again, there are quite a few of different types of guardians. I'll go into more detail about guardians later this week.

Also called: conservator

These definitions come from Black's Law Dictionary, Ninth Edition

The Scoop

This week I will be discussing more about the issues surrounding these terms and more. The key is to be prepared if illness, accident or other catastrophic event occurred. It's not difficult to get up to speed on these time and heart-ache saving documents. It may take a little money, but if you can't afford it, which many simply cannot, then you can always search online for state specific forms and examples. If you can afford it, it's best to go to an attorney who specializes in estate planning.

Answering the "what ifs" will give you peace of mind that your family will be provided for  and you will cared for in the way you wish and in the event of incapacity Over and out...

Anna

Rough and Tumble: State Concussion Laws Protecting Young Athletes

My Big Boy

My baby is 3 years old today. It's hard to believe that the last 3 years have gone by so quickly, but it's also hard for many to believe that my little one is only 3 years old. Darling 2 is big, tall, strong, tough, fast, a quick study and charismatic. He's the size of most 4 year olds and some 5 year olds. He's not afraid to tackle or be tackled. He'll most likely be a football coach's and a hockey coach's dream. And that's got this mama worried.

Friday Night Lights

I grew up in a small town in Texas. Almost every boy in the town played football. The whole town turned out for a home game on Friday night. It didn't matter what the record was, year after year, the crowd was there to support. We had a big, nice stadium to show for it too.

My brother started playing football in 5^th grade. He had a number of injuries over the years, none that stopped him for long. I recall many classmates on crutches, in casts, etc. after a Friday night collision on the field. It was just part of the game.

Studying Concussions

In the past year or so I've been reading a lot about the dangers of concussions as specifically related to football injuries. It started with NFL partnering with Boston University's Center for the Study of Traumatic Encephalopathy in an attempt to research and better understand repetitive concussive injuries. Hundreds of former athletes, including a number of retired and active NFL players have agreed to donate their brains to this research program. There are about 70 brains banked at Boston University now.

Then, as this program began finding significant links between repeated head trauma and suicide and neurodegenerative diseases, the immense sacrifice that athletes are asked to make in order to play well, get scholarships and make millions begin to emerge. This issue slowly became more mainstream news and more and more athletes have put their names on the registry pledging to have their brains picked for any clues that might lead to a safer game or better helmets or improved precautions and care. This research program and its results calling for added safeguards have had a trickle-down effect and the information is now reaching young athletes.

Austin Trenum

But not before Austin Trenum suffered a concussion during a football game last fall and subsequently and totally unexpectedly committed suicide two days later. Austin was a high school senior in Virginia with a promising future. Austin's brain was sent to Boston University and was found to have structural damage; among the areas damaged were the parts that affect judgment and impulse control. While the doctors can't say with complete certainty what made Austin commit this devastating act, they do feel there is strong circumstantial evidence. Austin's parents have worked hard to educate others about these dangers and how to prevent this from happening. I'll be talking more about Austin this week.

In response to deaths like Austin's and the findings of Boston University states have been passing new laws requiring better care for young athletes who have suffered a concussion or even display the warning signs of a concussion and providing for education for coaches, parents and medical personnel.

Minnesota's New Concussion Law

On September 1, 2011, Minnesota's new concussion law went into effect. MN's law says that if a young athlete under 18 is showing signs of a concussion, coaches must not let that athlete play again until a medical provider clears him or her. The law also requires all coaching personnel receive periodic training about signs of concussions, dangers, treatments, etc. The law further provides that parents will have access to important information regarding warning signs, dangers, how to treat these injuries, etc. The MN law includes not only school athletics, but also youth sports organizations not associated with schools districts.

State Concussion Laws

MN joins more than 30 other states that now have laws that offer additional protection for young athletes who may have suffered from a concussion. Many of these states have rushed to pass these laws in the last year. As of March 2011, there were 15 states with such laws.

Texas passed a law in 2007 providing that coaches must complete a safety training course as developed by the Commissioner of Education. Then, in 2009, both Oregon and Washington state passed laws that require young athletes be sidelined until a medical exam and release to return to the field. The majority of these new state laws, which were passed in 2010 and 2011, followed in the footstep of OR and WA. TX passed a new law this summer that requires coaches to take an athlete off the field if they suspect a concussion until medical personnel clears the athlete. You can find more information about the state laws in place here.

The Scoop

As a mom to two Darling Boys, I was hoping to avoid the sports that are most likely to cause concussions; that is, football and hockey. With each passing year, as my tall, muscular boys keep growing bigger and taller, I realize that I will probably be in the stands, or pacing behind the seats, as my boys play these rough sports in the years to come. I'll be discussing how to educate yourself about the dangers of concussions, what to watch for and how to properly treat them, etc. the rest of this week.

Can you tell from these photos which sport we love? Over and out...

Anna

Legal Tails: Laws Protecting Animals and People

A Fear of Dogs

Years ago when living in Iowa, I remember being at a friend's home for a small gathering of new acquaintances. These friends had two dogs, one of which was at least part Pit-Bull Terrier if not full-blooded, and also one of the sweetest dogs you might encounter. I recall another friend there who it quickly became apparent was terrified of dogs. My friends apologized for having theirs out and put them in the basement away from the party.

The terrorized friend then related her story of being attacked by a friend's dog years earlier. This dog had never attacked anyone before, but had lunged at her, and she was severely injured and taken to the hospital. Her physical scars had healed, but her mental scars will probably never go away. If this had happened to me, I would probably have different feelings about dogs. When I see a dog that is powerful and intense, I think of her story.

In Reference to Yesterday's Post {It's easier if you just go read it: Animal House}

In yesterday's post I gave you a detailed account of my crazy chaotic household full of cats, dogs and kids. You now know how I feel about animals in general {I love them...in case you missed yesterday's article} and you know that my pets and kids mix and mingle and all equally share the home with us.

Yesterday I also shared two examples of when the mix of pets and kids goes awry with very disturbing facts and endings. A reader alerted me to another similar tragic incident that occurred just a few days prior to the 2 week baby being mauled by the family dog in Houston. This story comes from North Carolina. Five dogs were taken away after one or more of them attacked and killed a 9 day old baby girl. Among these dogs there is at least one Rottweiler and one Pit Bull Terrier. The authorities are also investigating that incident to determine whether criminal charges should be issued or whether this was simply a horrible tragedy.

These news stories are frightening and might be enough for some people to rush to conclusions about parenting styles or about having pets at all if kids are in the house. These stories are not meant to scare or threaten anyone. There are many wonderful reasons to expose kids to pets. They are simply a reminder that pets are animals and can be unpredictable at times. If we make sensible choices and err on the side of caution then most situations can be avoided.

It's important to realize there's a lot we don't know about the dog mauling cases: we don't know whether the dog(s) had been introduced to the infant through smells, etc., whether the parents knew or should have known reasons to keep the dog(s) and baby separated, whether the parents were negligent in failing to keep the two separated and whether the parents were diligent in their care of their infants. The investigations of these two terribly sad incidents will determine the answers to these and other questions in deciding whether to charge anyone with a crime. Regardless of any of these facts, two families have lost their tiny, innocent, brand new babies, and I doubt anything else matters to them at this time.

It's also important to note that none of the dogs have been sentenced to death at this point which probably indicates that none of the dogs have had any run-ins with the law before; meaning no previous reports of biting, etc., up-to-date vaccination records and current licenses. Once the investigations have ended, the fate of these dogs will also be determined. {By the way, the python from yesterday's scenario was spared and is in the custody of the state now. Given the fact that she was being starved to death by her owners having not been fed for over a month and was severely underweight she was not blamed for this death.}

Protecting Your Household and Others

These are things you should know already, but let this serve as a reminder. Again, we sometimes forget these basic requirements of pet ownership. In order to protect your pets, yourself and others, you must keep your pets' vaccines current, renew licenses and keep your pet in its cage, inside a fence, on a leash or whatever enclosure is appropriate for your pet.

If you don't have an umbrella insurance policy, you might look into getting one that would cover the defense and damages of an incident involving your pet and another outside of your household {Check with policy/insurance agent for details regarding coverage.}

It's also important to be familiar with the local, state and federal laws that apply to you and your pet, depending on the type of pet you have. Laws regulating pets are centered on three basic principles: public safety, public health and animal welfare. That is to say, it's the intent of the authorities to protect the public against brutal and often fatal attacks of the owner, members of the household or a member of the public; prevent the spread of diseases, often diseases that are not native to the U.S. or animals here; and put a stop to animal neglect and animal cruelty, which so very often occurs with exotic pet reserves, horse farms or puppy mills.

Local Laws

For the most part, if you have only domestic pets, rather than exotic pets, local ordinances basically provide for licensure and leash requirements and may limit numbers and size of animals, etc. Licensing will ensure that pets are being regularly vaccinated for rabies and any other required vaccines. Licensing also aids in tracking and identifying missing or found pets.

If you are new to a city or a new pet owner or both, be sure to check your local ordinances regarding pets.

Exotic Pets and Laws

If you have exotic pets, there are many other laws and regulations that will apply to you on local, state and federal levels. The definition of exotic pets varies from state to state. So, if you have any question whatsoever as to whether your pet is "exotic" and whether there are laws that apply to your pet, check your area's ordinances, statutes and regulations on all levels.

State Laws

Due to the level of concern over attacks by animals and animal neglect by the owners, more states have passed laws banning certain types of animals in the last decade or so. If you are considering getting an exotic pet, which this term can include some reptiles, fish and birds that may not seem exotic to you, be sure to check the law prior to getting your new pet. For a comprehensive guide to state laws regulating animals, check Born Free USA.

Federal Laws

There are a few federal laws that apply to pets, such as the Endangered Species Act and the Animal Welfare Act. For more information on these laws and current legislation regarding federal law and animals, check Born Free USA for their list of federal bills they are tracking, etc.

The Scoop

Overall, the message is this, know the law and follow the law for your sake, your pet's sake and for other's sake too in regards to pet licensing, vaccines and leashes, cages, fences, etc. Tomorrow I'll be discussing tips for keeping your kids safe around animals. Over and out...

Anna

 

Soapbox: Hot Cars and Free-Range Parenting

Making Choices

On one weekend morning last winter while getting ready to head out for errand running and romping at an indoor playground, Darling 1 insisted on wearing blue and green sweat pants, a blue turtle neck, a colorful short-sleeve t-shirt and a navy, green and purple v-neck sweater. He certainly didn't match, but he chose the items and put them on himself.

I was proud of him. DH was concerned. He didn't want him to wear the mismatched outfit out in public. I said it didn't matter; drop it. He didn't. I said it's clear he dressed himself, the clothes are clean and not worn out and who cares what anyone thinks. He rolled his eyes; he let out a big, "I know I won't win this battle" sigh; and he dropped it, letting Darling 1 go out in his colorful get-up. It was fine. No one laughed. No one noticed. No one cared.

This actually happens frequently. Sometimes he's mismatched; sometimes he's in costume; sometimes he's wearing his clothing backwards. I let it go. It's fine. This is a way he is asserting himself and taking control of his life and expressing himself. And it's one less thing I have to do when frantically, scurrying around to get us out the door {and yes, I'm always frantically scurrying from room to room, and frequently barking orders, when getting ready}.

If my kids can assert themselves in various ways that harms no one and doesn't put them at risk of injury or death, I'm all for it. I let them see how far they can go and how much they can do, as long as it's safe. Safety is the operative word here.

Not a Free-Range Parent

I'm not a free-range parent though. I hold my kids' hands in parking lots. I stand near enough to spot them should they fall from the towering playground equipment they love to scramble up on. I keep a constant visual on them at the crowded indoor play areas. They don't play in the front yard unattended. Clearly, not a free-range parent, but I'm also not a helicopter parent either.

The term free-range parenting basically means hands-off parenting; allowing your kids to do things on their own at a young age that others may or may not agree with. On the other hand, helicopter parenting is an extremely hands-on parenting style; never allowing your kids the freedom to make choices of their own, being right there to handle any problem or difficulty. I fall somewhere in the middle. For me, it depends on the situation and the location and how my kids feel about the situation and the location.

Children Unattended in Vehicles; OK or Not?

You may recall that in June of 2010, I wrote an article on the dangers of leaving kids unattended in vehicles and I reposted that article at the beginning of this summer too. Every year children die of hyperthermia after being left (intentionally and unintentionally) in vehicles or playing in vehicles. Within a matter of minutes a vehicle can become a big metal oven even when the temperatures aren't that high. Hypothermia can also be a concern in the winter.

This week I happened upon an article written by the queen of free-range parenting, Lenore Skenazy, entitled "Yes, You Can Leave Your Kids in the Car for a Few Minutes." This article was originally published August of 2010.

Lenore argues that parents should be able to leave their kids in the car while running quick errands. She states that people shouldn't call the police if they see a child left unattended in a vehicle. Lenore even goes as far as saying leaving a child in a vehicle all day is different from running a quick errand and running back to the car where your child is waiting.

I was saddened to read this article. I completely disagree with her. It's not OK. No, not even for a minute. How many times have you run an errand that should have taken only a few minutes and it turned into 15 to 20 minutes? Or how many times have you run into a store to get one item and then gotten distracted when you see a friend or neighbor and stop for a chat, then return to shopping and again spending at least 20 to 30 minutes inside? It happens.

Hot Cars

And, no, Lenore, leaving a child all day is not different from leaving a child unattended for a few minutes. In just 10 minutes the temperature in a car rises 19 degrees on average; in 20 minutes the temperature rises 29 degrees on average. So, on a mild 70 degree day, the inside of a vehicle could be 89 degrees in 10 minutes and 99 degree in 20 minutes. Think about a hot day, a 90 degree day; in 10 minutes it's 109 degrees; in 20 minutes it's a 119 degrees in the vehicle. It doesn't take leaving a child in a vehicle all day for it to become a life and death situation; it takes a matter of minutes.

Being a hands-off, carefree parent may seem less intrusive for the parents and the kids, better for preparing kids for the "real world" and cool, but being a negligent, uneducated parent can endanger your child's health and life; and perhaps others too.

So, maybe it will take you only 3 to 5 minutes to go in and pick up a prescription or buy a gallon of milk or drop off a payment, etc. But why even take a risk with your child's health; with your child's life? There is no point at all in taking such a risk. You can take a risk that the ice cream you just bought might melt or that your hot coffee might get cold or that a balloon might escape out a window or flowers might wilt when you leave them in the car while running an errand, but DO NOT RISK YOUR CHILD'S LIFE. PERIOD. THAT'S NOT OK.

Fast Facts:

• A Child's thermoregulatory system is not as efficient as an adults and warms 3 to 5 times faster;
• A core body temperature of 107 is lethal; cells are damaged and internal organs shut down;
• Heatstroke (or hyperthermia) occurs when a person's temperature exceeds 104 degrees and the body's thermoregulatory mechanism becomes overwhelmed; and
• 19 states have laws regarding leaving a child unattended in a vehicle (see updated post).

Source: Department of Geosciences, San Francisco State University

The Scoop

Have fun. Be relaxed. Be careful. Be smart. Never leave your child unattended in a vehicle; not even for a minute. Best intentions are not good enough when it comes to your child's life. At least 25 children have died so far in 2011 after being left in vehicles. In 2010, 49 children died; from 1998 to September 2011, 519 children died. These are preventable deaths.

A free-range egg? Sure. A free-range parent? Not so much. Over and out...

Anna

The List: 11 Ways Moms are Like Criminal Defense Attorneys

1. Moms know how to ask the right questions to get the evidence they need;
2. Moms can think on their feet with lightning speed without giving away too much information;
3. Moms know how to sweet talk someone in authority and get what they want;
4. Moms can quickly and easily hide disappointment when they don't get what they want;
5. Moms can read between the lines when hearing "testimony" from one of their "witnesses" on the "stand."
6. Moms know when to call for a recess;
7. Moms always have an agenda for the day;
8. Moms put in lots of "billable" hours; they just don't get paid much for their work;
9. Moms know when to cut their losses and move on to Plan B when Plan A goes awry;
10. Moms always have to have extra clothes on hand in case their little charges get dirty or aren't projecting the right image; and
11. Moms will work like hell to protect their kids and make sure no untruth is pinned on them.

     

Everyone loves to hate an attorney; and who doesn't know a lawyer joke {besides me}, but when it comes down to it, moms are a lot like attorneys. And let's face it, most of us need our moms and most will need an attorney at some point.

I think moms are especially like criminal defense attorneys. Criminal defense attorneys get a bad rap for defending those charged with a crime, but that is their job. They feel that everyone deserves to be tried in a court of law with evidence presented against them, have the chance to counter that evidence, question that evidence and in some cases, tell their side of the story. It wasn't until law school that I truly understood how or why someone would choose to go that route in the field of law.

Moms get picked on, judged and blamed if their kids are acting up, look sloppy, aren't polite, etc. Moms have a lot on their plates and we must each do the best we can with what we've got; just as a criminal defense attorney does. And the long and short of it is, if you, your spouse or your kids were charged with a crime you or they didn't commit, you'd want that criminal defense attorney working on your case with the dedication of a mom. Over and out....

Anna

Raw Emotion Sells Like Hot Cakes; Law Simmers Like a Pot of Stew

Some of my more important, more informative, more potentially useful posts are not my highest read posts. Nope. It's my more sensational, more emotional, more totally raw, open hearted posts that break the bar, smash the records and hit the mark.

I'm struggling with this a bit. On the one hand, I'm always thrilled with astronomical pageviews. That means you like me, and more importantly, you like my writing. And hey, does it matter? I wrote it. It's from the heart. That's all that should matter.

On the other hand, I began writing Motherly Law in order to bring together legal information and resources about issues that do or could affect families; things that we, as parents, should know or teach to our kiddos or stick in our brains for some later date. I wanted to convey the law in a way that was less intimidating; more easily digestible; more appealing and interesting.

As I have written post after post, totaling almost 400 posts in 18 months, I've found my voice. I no longer tip-toe around potentially explosive topics {well, there are still a few I tactfully step around}. I express my opinions more freely. I write what I feel. I write what I think. I write what I love. I write what I loathe. I write what I fear. I write what I dream.

I think that's OK. After all, Motherly Law is all mine. It can be who I am as a whole. It's motherly, lawyerly and womanly all at the same time. And yet, when well-meaning and thoughtful people tell me that Motherly Advice is their favorite part of each week, I can't help but feel a little let down.

The Motherly Advice posts are full of heart and soul {my own}. I love them too. But, it's the law and resource related posts that take most of my time and draw on my legal expertise and research skills. It's what sets my site apart from others.

So, this is me, being honest and raw. And truthfully, I'm so very thankful for my very loyal readers and the huge number of people who stumble upon Motherly Law each day by way of search engine queries {and hopefully like what they find and come back again for more}. And I guess what that means is that as long as you know Motherly Law is here full of information, resources and reassurance, then you know you can find the information you need when you need it. And that's enough.

Sometimes I can gauge the response a post will have, but sometimes I'm thoroughly surprised by the attention or the lack thereof. There are some posts I know will be well liked the minute I post them; and others aren't loved to begin with, but will become search engine darlings in the long run. Some posts I love every word of from the first line; stories that come spilling out of my brain totally spun, no need for improvement. Some posts are fruits of great labor; the words don't come easily; my thoughts jumbled together mumbling and bumbling around in my head trying to blend and combine into a sweet melody.

And that, folks, is what this is writing thing is all about; trial and error. Very soon I'll be launching a new website, in addition to Motherly Law. This new endeavor will have nothing to do with the law, but it is something that's dear to my heart and a combination of passions. Stay tuned for that.

Oh, and don't forget to tune in tomorrow morning for my first "Coffee with Anna" Week in Review vlog. And one more thing, the photo is me, in the raw. {Just look at the gray hair! Oh well, it happens} Over and out...

Anna

Driving Our Kids: School Bus Driver Requirements

Where are the Seat Belts?

As we boarded the big yellow bus for our trek around the neighborhood, Darling 1's first question to the driver was, "No seatbelts?" The school bus driver replied, "Nope, you don't need them. This bus weighs just under 27,000 pounds. I could hit a brick wall with this thing and you'd be fine." Perhaps this is true, but let's not find out.

While school buses are considered quite safe, even though most buses don't have child restraints or seat belts, when a school bus is involved in an accident, generally, it makes the news, it's pretty bad and it sticks in people's minds {well, at least they stick in my mind}.

One accident that's seared into my brain happened 5 or 6 years ago in a suburb to the east of St. Paul. This is what I recall from the news story: a dad was driving his young son to daycare and was stopped in a lane with his blinker on waiting to turn into the daycare parking lot. A school bus was driving on the same road as the father and son, going the same direction on its way to drop off kids at school. Perhaps the sun blinded the driver or perhaps he was momentarily distracted; regardless of why it happened, the driver did not notice the stopped car he was fast approaching and he crashed into the rear of the small car, never putting on his breaks until it was too late. The little boy, strapped into his car seat in the back seat died instantly. No one on the bus was injured. {This is what I recall. The facts might be a little off, but not much}

Statistics

According to The Center for National Truck and Bus Statistics at the University of Michigan Transportation Research Institute (UMTRI) who conducted a study on 293 fatal crashes involving all types of buses in 2008, school buses are among the safest. Here's the breakdown of figures involving school buses from that study:

School buses were the most common operator type of vehicle studied at more than 39 percent of the total pool. The number of school buses involved in fatal crashes rose 7.5 percent to 120 in 2008 from 111 the year prior, and school buses accounted for 40 percent of all fatalities. About 50 percent of the fatal bus crashes occurred from 6 a.m. to 8:59 a.m., or from 2 p.m. to 4:59 p.m., primarily involving school buses due to the hours school is in session.

This seems like a high number of crashes involving school buses, but Daniel Blower, the director of the Center for National Truck and Bus Statistics at (UMTRI), was quick to point out that "it should not be assumed that the greater amount of school bus crashes mean that school buses are less safe than other types of buses. In fact, he said the opposite is true as the school bus fatality figures are an 'artifact of exposure.'" There are simpler more school buses lumbering through the streets of our cities than any other type of bus.

This article from June 2011 and the source for the above information on the study conducted by UMTRI can be found here.

School Bus Standards

So, the question becomes, to what standard are the drivers of these big yellow giants held? While each state has its own set of laws regulating school bus drivers, I examined MN's laws on this subject. Some of the provisions are regulated by federal law, which means it would be the same for each state. For the most part, the laws from state to state will be similar on this subject.

Here are the basics for MN:

• Driver's License Requirements:
  • The minimum age for a school bus driver is 18 years old;
  • Generally, a commercial driver's license (CDL) with a school bus endorsement and passenger endorsement is require, with a few exceptions;
  • Driver's licenses are verified annually for each school bus driver.
• Seatbelt Requirements:
  • Passenger seat belts are not required to be installed in large school buses. School buses can be equipped with an approved seat belt assembly. Federal safety standards require certain A-I school buses to be manufactured with a lap belt or lap and shoulder belt.
  • If a school bus does have seat belts, the passengers must use them, but students can be opted out of this provision by submitting a written document stating such.
  • Use of child restraints is required when transporting children in Type III vehicles and Head Start Vehicles.
• Drug & Alcohol Testing/Physical Exams:
  • A physical exam is required for those who have a CDL with a school bus endorsement and who operate Type A-I school buses; and for those whose only duty is to transport students in a Type III vehicle.
  • The exam must be administered every 2 years;
  • Federal law required that driver who have a CDL must be tested for drugs and alcohol during pre-employment screenings {controlled substances only}, randomly, due to reasonable suspicion, when returning to duty, as a follow-up to a positive screen and after an accident;
  • District or transport contractor policies may include drug testing, but it's not required under state law for Type A-I bus drivers.
• Background Checks:
  • All new or renewing CDL applications with a school bus endorsement must have a background check run. This means a criminal history check and a driving record check in the state.
  • A national criminal history check must be run if the person applying has lived in the state of MN less than 5 years.
  • A background check is also required for Type A-I drivers who do not have school bus endorsements on their licenses.
  • Additional checks can be run if deemed appropriate by the Department of Public Safety;
  • Background checks will be conducted every 4 years.
• Training (Drivers & Students)
  • Drivers must be trained in:
    • safe operation of the school bus;
    • traffic laws, rules of the road, etc.;
    • emergency situations;
    • dealing with students; and
    • safety procedures for loading and unloading passengers.
  • Students must be trained in:
    • School bus safety;
    • School bus rules; and
    • Entering and exiting the school bus safely
• Loss of Driving Privileges:    
  • Cancellation of School Bus Endorsement for 5 Years:
    • Conviction of DWI violation (Not while operating a school bus);
  • Disqualifying Offenses Permanently Cancelling School Bus Endorsement:
    • Any felony offense;
    • Certain drug-related violations;
    • Violations of prohibitions relating to minors; and a
    • DWI violation while operating a school bus;
    • Other less serious convictions will cause a loss of license too; see Source below for all.

Source: For these and other provisions regarding school bus drivers in MN, click here.

The Scoop

Next week, I'm going to discuss cyberbulling as it pertains to students, but school buses are often the site of old-fashioned physical and mental bullying. School bus drivers are often unaware of this happening on the bus, as they maneuver through traffic, dropping off kids and keeping their schedules. Before school starts up again, make sure to read or re-read my posts on bullying as a reminder about these issues and remedies {see links below}.

If you, like me, don't know the difference between a Type III or A-I bus, here's a guide to School Buses. Over and out...

Anna

You might also like:

We're Not Gonna Take It: Anti-Bullying Laws Leaving Kids Unprotected

Growing Pains: How to Handle Bullying Whether Your Child is Being Bullied or Doing the Bullying

Cyberstalking: Stalking Awareness Month Part IV

 

The Danger Zone: School Bus Safety

The Ride

A 70 some odd seat school bus weighs about 27,000 pounds. This is not information I knew until last night when I rode in such a school bus. I can't tell you the last time I did that. I grew up in a small town where only the farm kids rode the bus to school. So, it was a rare occasion that I ever rode a school bus.

Last night, we attended a School Bus Safety/End of Summer Party at a local library. The point was to introduce the inexperienced Kindergarteners to riding a bus and talk to them about school bus safety, etc. So, our whole family took a turn riding around the neighborhood in big yellow bus.

Darling 1 chose the first row of seating, which was great because it enabled me {& Darling 1} to pepper the friendly, but loud and burly driver with questions. He was a good sport about it, and I learned quite a bit. This driver's experience and outlook was very positive, which made me feel better about the prospect of bus riding in our future.

School Bus Safety Record

Thankfully {for my sake}, Darling 1 will not be riding a school bus on a daily basis for at least the next six years of school due to our location. And yet, over 24 million students ride more than 450,000 big yellow school buses every school day all across the United States. That's a lot of school buses and a lot of kids.

While the School Bus Information Clearinghouse is quick to point out that busing is the safest way for kids to get to school and back, citing the approximate 800 vehicular and pedestrian deaths of school-aged children each year compared to the handful of deaths related to school bus riding, a Minnesota Department of Public Safety (MN DPS) brochure states that 72% of the child fatalities involving school buses occur outside of the school bus.

The Zone

So, it appears that riding a school bus is safe, but getting on and off a school bus is dangerous. The MN DPS brochure describes the "Danger Zone" as the main safety issue. The Danger Zone is the area within 10 feet around the entire school bus. The most treacherous areas of the Danger Zone are: 1) the area directly in front and around the front tires of the bus; and 2) the back right side around the back right tire.

MN DPS warns that a child should NEVER be in the Danger Zone unless loading or unloading, and even then the child should only be in the area directly across from the door. It's important to discuss this information with your child and demonstrate what 10 feet looks like so your child clearly understands where to stand while waiting for the bus.

Another safety issue mentioned by our school bus driver last night was a bus stop hazard, which involves the Danger Zone. He told us to make sure our child stands well away from the edge of the curb while waiting for the bus to arrive and stop. If a child is standing near the street, the bus driver doesn't know if the child is going to step off {or fall off} the curb or get too close to the bus before it has come to a complete stop, etc. This means the bus must slowly approach the stop while hoping the child doesn't step off the curb into the on-coming bus.

Driver Awareness/The Law

Another component of bus safety is making sure that drivers are aware of the laws requiring them to stop and the safety issues involved in stopping for a school bus. This can be tricky. I try to play it safe and always stop if a school bus is stopped, even though sometimes the bus driver will wave me around, depending on the circumstance.

Again, according to my trusty MN DPS brochure, this is what you need to know as a driver, whether you have a child riding a school bus or not, this is important:

• On a two-lane road, you must stop when you approach a stopped school bus from the front;
• When you approach a school bus from behind, when its red lights are flashing and its stop arm is extended, you may not pass on either side! Stop 20 feet from the bus.
• When you approach a stopped school bus from any direction, you must stop when the red lights are flashing and the stop arm is extended.
• When you intend to turn (in any direction) into a street where a school bus is stopped with red lights flashing and stop arm extended, you must stop and wait, before turning, until the red lights are off and the stop arm is withdrawn.

~ From A Child's Life, a brochure produced by the Minnesota Department of Public Safety, Office of Traffic Safety, Minnesota State Patrol and Office of Communications, 2000.

If you break the law by failing to stop as described above, these crimes are considered Misdemeanors, but can be increased to a Gross Misdemeanor under certain circumstancs. These offenses are punishable by a fine of $1,000 to $3,000 and jail for a minimum of 90 days and a maximum of 1 year.

Overall, the MN DPS brochure stresses that awareness is the key to safety; awareness on the part of the drivers, the parents and the kids. And awareness is achieved by talking and sharing information. We must look out for not only our own children, but also others who may not know about the Danger Zone or other safety issues or laws.

The Scoop

This information specifically pertains to MN, but the Danger Zone is the same with any bus, anywhere, and the motorist laws regarding when to stop for a bus are pretty general, and more than likely pertain to most, if not all, states. But, you can find laws and regulations and punishments that specifically concern your state by running a quick search on school bus laws + {your state}.

Does {or will} your child ride the bus to and/or from school? Does {or will} your child ride another form of mass transit to and/or from school? Have you had any bad/good experiences regarding school buses? In the next post, I'll be discussing school bus drivers' requirements, including drug and alcohol testing, background checks, licensing, etc. Over and out...

Anna

You might also like:

The Changing Seasons: Types of Schools Available to American Children

The Measure of an Education: A Look at U.S. Education System Statistics

A Plea to MN Public Educators

Birds of a Feather: Tips for Choosing the Best School for Your Child

Learning from Home: Homeschool Laws Part I

Desire to Homeschool

When I was in elementary school I hated going to school. My brother and I attended a private, Christian school with a rigid and isolating teaching format. My mother was a teacher, and I would beg her to take us out of that school and homeschool us. I think she considered it a few times, but she never agreed to do it. Instead, we moved from south Texas to the Texas panhandle and changed schools.

In retrospect, I'm not sure if homeschooling would have been the right answer, but it sure seemed like it to me at the time. While homeschooling has certainly been a viable option for many, many years, in the last several years, the idea seems to have become more mainstream. There are a number of reasons for this shift. And I think that each family has their own, personal reasons for choosing this route.

I have come across quite a few homeschooling mamas blogging about their experiences and sharing ideas and philosophies on Twitter and Facebook, making the practice more noticed and more accepted. I have even run into homeschool curriculum companies at blogging conferences. Homeschooling is becoming a popular choice.

Several friends, who don't blog, who don't know each other and live in different states, have decided to homeschool their children. Both have told me the plan is to start with the first born child, give it a year and see how it goes, with the caveat that they can always choose to send the kids to school if things don't go as planned. I say, "More power to you."

If homeschooling is something you're interested in, you must start by doing some research to ensure that you're following your state's laws when it comes to homeschooling your child(ren).

Legality, in General

Here's what you need to know about what the laws regulates and where you can find it:

The legality of homeschooling, in general, has been the subject of debate since compulsory education began in Massachusetts in 1852. The argument has since shifted to topics involving funding, resources, curricula and standardized testing, beginning in the late 1980s.

Homeschooling is legal in all 50 states. The Supreme Court has ruled that states do have the power to regulate educational requirements, but states cannot require students to attend public schools. Homeschools fall under private school law in some states, church school law in other states and a few have homeschool statutes {also referred to as other means of education or alternative education}. Some states require homeschool groups or associations, qualifying them as private or church schools. For each state's requirements, check the Home School Legal Defense Association (HSLDA).

Parent/Teacher Requirements

Another consideration is the education of the parent who will be teaching the children at home. Surprisingly, 41 states do not require the homeschooling parent to meet any educational qualifications as a teacher. The District of Columbia and 9 states require at least a high school diploma or GED. TN requires no qualification for grades K-8 and North Dakota has no educational requirements for the parent, so long as the parent instructor is monitored by a certified teacher for two years.

RI and MA are the only two states that require approval from the local school district, school board or state commissioner prior to homeschooling. Other states simply require a notice of intent to homeschool be filed with local school officials.

Curricula

Homeschool curriculum requirements range from fairly strict to very loose. Some states require parents to provide information about their curriculum, including lesson plans; other states merely require certain subjects be covered, but don't require any documentation; and still others categorize homeschools as private schools, allowing them the freedom to choose which subjects will be covered based on what the instructor deems appropriate for the child(ren).

Standardized Testing

Standardized Testing is a hot issue whether talking about homeschools or public schools right now. There are 24 states with standardized test or evaluation requirements. Out of those states, 13 require alternatives to testing and 11 states require standardized testing only.

Compulsory Attendance

There are a number of state court decisions on the subject of compulsory attendance. VA and VT allow for a religious exemption from compulsory attendance. Five states require the time spent on educational instruction must be the equivalent to public school instruction. A few states require merely "regular and thorough" educational instruction. ND, NY and PA actually impose high school graduation requirements for homeschooled students. However, courts in 6 states, including MN, have struck down compulsory attendance statutes with regards to homeschools, finding the statutes unconstitutional based on vagueness.

The Scoop

There is much to research, learn and organize before deciding to whether to homeschool your child(ren). This may seem like a daunting task, but there are many resources at hand.

In Homeschooling Laws Part II, I will present information about resources, access to extracurricular activities, religious rights, parental rights, etc. I will discuss motivations for deciding to homeschool and homeschool statistics in other posts this week, as well. Additionally, I will have a guest post from a mom and teacher by profession who has decided to homeschool her children. Over and out...

Anna

 

A Matter of Policy: The Repeal of DADT

Bad Policies

In the wee hours of the morning the pitter patter of little feet can be heard making their way to our bed. This happens twice every night; Darling 2 and then Darling 1, until our bed is crowded and cramped. I don't know how or why it began, but more than likely we allowed it to preserve our sleep and theirs. Sleep is a much sought after, hot commodity in our household.

Plus it was sweet to cuddle up with my little, sleeping Darlings. Now, it's still sweet, but they have grown...a lot; and it's more irritating than anything else to have a knee sticking in my back and an elbow jabbed into my neck. It's a bad policy to have, and we should do something to put an end to it, but that would mean less sleep for me.

Much like our little morning bed crashers, the "Don't Ask, Don't Tell" (DADT) military policy has gone on too long. DADT prohibits military personnel from discriminating against or harassing homosexual or bisexual service members or applicant and bars openly gay, lesbian or bisexual persons from military service.

Time for Change

It seems as though talk of repealing this policy has gone on forever. Finally, in Dec. 2010, this policy was repealed by Congress. Just last week, President Obama certified that the repeal would not harm the military's readiness, which means that after 17 years, it will be repealed on Sept. 20, 2011.

Months ago, after Congress passed the repeal of this policy the military branches began the process of preparing the soldiers for this change in policy by training staff and soldiers. The chairman of the Joint Chiefs of Staff, Navy Adm. Mike Mullen, has assured Pres. Obama that the military is ready to implement this change in policy without missing a beat.

The Undersecretary of Defense for Personnel and Readiness stated that this change "is all about leadership, professionalism, discipline and respect" for the military. Pres. Obama stated, "Our military will no longer be deprived of the talents and skills of patriotic Americans just because they happen to be gay or lesbian."

What Does It Mean?

So, what exactly does the repeal mean? It means that men and women will be able to serve our country and be true to who they are at the same time. Sexual orientation will no longer be an issue in regards to military service, and those who were discharged solely under DADT may reapply for re-entry into the military.

Pentagon staff will be taking a close look at sexual orientation neutral benefits. Service members can designate partners as beneficiaries on life insurance policies, thrift savings plans and survivor benefits. However, the Defense of Marriage Act does prohibit extending some military benefits to same-sex couples.

For gay and lesbian service members with partners and/or children from a same-sex relationship this means that they will be able to say goodbye to their loved ones before deployments; be greeted by family and loved ones upon arriving back home; freely talk about their families and friends with other service members; stop living in fear that their carefully maintained heterosexual façade might slip and expose who they truly are; and provide for their loved ones in the event of death. Essentially this repeal will afford gay or lesbian soldiers the same freedoms as heterosexual soldiers.

For future generations of service members this means that our children who feel the call to serve their country can do so without feeling shame, inadequacy or fear regarding his or her sexual orientation. The repeal of DADT means that children of gay and lesbian service members can feel pride and honor about their parents who serve and protect their country.

The Scoop

Why should people who want to serve their country and protect their fellow compatriots be limited, confined, punished, harassed, abused or shunned because of their sexual orientation? They shouldn't be. I'm glad there are citizens who feel the need to serve their country and join the military. I feel deep appreciation for all service members; and I thank them for their dedication. Over and out...

Anna

You might also like:

Definition of Family: Constitutionality of FL Adoption Law Banning Gays

There's a Storm a Brewin' in Minnesota: NOH8MN

Ode to a Soldier

Exposed: Privacy Rights

The Open Door Policy

When you have little kids in your home privacy is not something you get much of, especially if you are the mama. Our bathroom door is rarely closed, and if it is, that probably means one of the Darlings is up to no good.

If I shut a door in our home it seems to act as a beacon, calling to the Darlings to stop whatever they are doing, approach the closed door and yell, pound, push toys under, cry, jab fingers and toes under and generally have a fit. I end up getting less privacy with closed doors at our house. It leaves me feeling exposed and weary; never quite getting "alone time" at home.

Need for Privacy

Privacy is something each of us craves starting from a very young age. Some may need more privacy than others, but everyone does require it in some amount. This could mean actual physical privacy to attend to private matters or collect one's thoughts or pray or read or make a phone call, etc.; or the privacy could regard information, accounts, records and documents. Either way, we, the citizens of the United States of America, expect privacy in our lives.

In comparison to the rest of the world, the U.S. affords quite a bit of privacy to its citizens. Of course, over the years our rights to privacy have been diminishing thanks in large part to the Internet, societal habits and terrorism. We have accepted the long lines at airport security, the never-ending list of passwords, the creation of the Department of Homeland Security and other semi-invasive measures in order to protect the majority of our privacies and freedoms.

Protected Rights

While the U.S. Constitution does not specifically provide for any right to privacy, the Bill of Rights does include rights to privacy: the 1^st Amendment protects specific personal issues, including privacy of beliefs, the 3^rd Amendment grants privacy in the home, protecting against soldiers being housed in one's home, the 4^th Amendment ensures privacy of one's body and property, guaranteeing no unreasonable searches and the 5^th Amendment protects one's private information, guarding against self-incrimination.

Various state and federal laws also ensure privacy rights such as the Children's Online Privacy Protection Act (COPPA), the Gramm-Leach-Bliley Act (GLB) and the Health Insurance Portability and Accountability Act (HIPAA). Additionally, the Privacy Act of 1974 protects privacy rights through "the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies." Source: Wikipedia.com

Invasion of Privacy

The term "invasion of privacy" is a tort, or civil wrong, and includes four types of wrongs. These are causes of action for which someone who feels he or she has suffered from an invasion of privacy can file a lawsuit against another:

1. Intrusion of solitude and seclusion. Intrusion of solitude is when one person exposes another person to unwarranted publicity. Intrusion of seclusion happens when a person physically, electronically or by other method interferes with the private affairs or space of another;
2. Public Disclosure. This type of invasion of privacy occurs when a person exposes private information to the public when such exposure would offend a reasonable person;
3. False Light. False light is similar to defamation. Here, a non-public person's private information is revealed, which puts that person in a false light. Generally, this involves information that is highly offensive and embarrassing to a reasonable person;
4. Appropriation of name or likeness. This invasion of privacy occurs when a person uses the name or likeness of another for his advantage and/or monetary gain.

Other, more controversial rights to privacy include the right to an abortion, the right to marry and the right to die. At some point I'm sure I'll cover each of these subjects too.

The Scoop

As stated in Article 2, §10 of the Montana Constitution, "The right of individual privacy is essential to the well-being of a free society and shall not be infringed without the showing of a compelling state interest." We must carefully guard our rights of privacy, in regards to our homes, our persons and our information. Over and out...

Anna