Several cases have now established what the role of the OHphysician is and what he or she is or is not expected to comment upon. Tworecent cases both involve the same employer and the same OH physician. In the first of these cases – Vicary v British Telecommunications,1999, IRLR 680 – the Employment Appeal Tribunal made it clear that it was notfor the OH physician to express an opinion as to what is or is not a normalday-to-day activity nor was it her duty to tell the tribunal whether theimpairments were or were not substantial. Those are matters for the employmenttribunal to arrive at its own assessment. Previous Article Next Article The role of OH physicians and nurses In those cases the courts would take careful note of anypublished guidelines of clinical governance as a guide to whether or not anegligent practice had been adopted. Level of expertise The Regional Medical Officer Dr Macaulay was described bythe employment tribunal as “an impressive witness”. She had a specialqualification in occupational medicine and had attended a number of courses onthe Disability Discrimination Act 1995 and its application in the employmentfield. Comments are closed. Anyone holding them selves out as an “expert” isexpected to operate to the highest standard of care as practised by the verybest in that profession. Some practical advice However, now the courts are taking a slightly different viewof experts. In the case of Bolitho v City and Hackney Health Authority, 1997, 3WLR 1151, the House of Lords held that in most cases where distinguishedexperts in the field were of a particular opinion, that would be ademonstration of the reasonableness of that opinion. However, there may becases where the court was not satisfied with this evidence. This article looks at these issues and offers some advicefor OH staff when operating in what might be a litigious matter. – Stick to your remit and do not overstep your proper anddesignated role. If you are asked for advice on a sickness, absence, pensionor PHI matter. OH nurses should be qualified with the appropriate relevantcredentials in occupational health issued by the RCN or UKCC. Again trainingand re-training is essential during the course of employment. The courts have in the past taken the view of the medicalexpert as to what standard can be expected of a specialist in that particularfield. Before the Woolf reforms (of the civil courts and procedure), medicalexperts appointed by both parties would fight it out in court – entreating thejudge to accept one opinion rather than the other. Following the Woolf reforms,it is expected that the parties will agree a joint expert and that the courtwill not be asked to accept one expert view rather than another. Related posts:No related photos. “Nor is it”, held the EAT, “for the medicalexpert to tell the tribunal whether the impairments which had been found provedwere or were not substantial. These are matters for the Employment Tribunal toarrive at its own assessment” Negligence is established when the doctor or nurse’s act oromission (or advice) falls below that expected of a person of that level ofexpertise, and that act or omission has caused physical, mental and/or financialdamage to a patient or employer. If, in a rare case, it had been demonstrated that theprofessional opinion was incapable of withstanding logical analysis, the judgewas entitled to hold that it could not provide the benchmark by reference towhich the doctor’s conduct fell to be assessed. When it comes to the standard of care expected, the normalrule is that a doctor or nurse will be judged by the same standards as those ofa reasonably competent member of that profession. In other words, a doctor or nurse will be held to benegligent if he or she has failed “to exercise the ordinary skill of adoctor (in the appropriate speciality, if he be a specialist)”. The EAT criticised the employment tribunal for its approachand made this statement about seminars and courses: “…the fact that themedical adviser had been told on some disability discrimination course orseminar that something was or was not a normal day-to-day activity is not ofrelevance to the tribunal’s determination. It is not for a doctor to express anopinion as to what is a normal day-to-day activity. That is a matter for [theemployment tribunal] to consider using their common sense.” – Don’t feel threatened or intimidated by either theemployee – in rare cases doctors and nurses have been threatened with physicalor oral abuse from disgruntled employees – or by the employer; in some cases itis sensible to have a chaperone present and a tape recorder so that you candictate your observations during the course of the examination. – Re-read the scheme to ensure that the employee is givenall his/her rights. The EAT held that the employment tribunal had beenover-influenced by the employer’s regional medical officer’s opinion of whetheror not the impairments were “substantial” under the Act and in effectadopted her assessment instead of making their own. – Have a copy of the up-to-date sick pay/early retirement,long-term disability scheme or policy so you know exactly what the rules foreligibility are and what your role is. I am currently advising an employer who refused to allow anappeal from a refusal to give a long-term disability pension – only to findupon reading the scheme that employees have the right of appeal with a newindependent consultant, if they do not accept the original decision! Expert adviceOn 1 Feb 2001 in Clinical governance, Personnel Today Nobody’s perfect but if you act as an expert you mustexhibit the best possible standard of care. Here are the issues and some practical advice. By Gillian Howard The common law has always made it clear that no one, howevereminent in their field, is expected to be perfect. In one case the Court ofAppeal stated that “The law does not require of a professional man that hebe a paragon combining the qualities of a polymath and prophet”. The court had to be satisfied that the exponents of a bodyof professional opinion relied upon had demonstrated that such opinion had alogical basis and in particular had directed their minds, where appropriate, tothe question of comparative risks and benefits to reach a defensibleconclusion. Anyone who calls them selves an “OHphysician/adviser” would be expected to be qualified in that field. Inother words, OH physicians should at the very least have gained the Diploma inOccupational Medicine from the Faculty of Occupational Medicine. Suchphysicians should also ensure that they are kept up to date by attendingseminars on the latest case law and legal developments in the occupationalhealth field and perhaps then move on to take the Membership or Fellowshipexaminations. During the course of her evidence, she gave her opinion onwhether the applicant’s impairment could be regarded as “substantial”under the terms of the Disability Discrimination Act 1995. The employmenttribunal accepted her evidence as if she were an “expert” givingevidence in the High Court. This was wrong! Two years later and with the same Dr Macaulay givingevidence in the tribunal, the EAT reminded her again of her role in disabilitydiscrimination cases – Abadeh v British Telecommunications, 2001, IRLR 23. Itheld: “It is not the task of the medical expert to tell the tribunalwhether an impairment was or was not substantial. That is a question which thetribunal itself has to answer. The medical report should deal with the doctor’sdiagnosis of the impairment, the doctor’s observations of the employee carryingout day-to-day activities and the ease with which he was able to perform thosefunctions, together with any relevant opinion as to the prognosis and theeffect of any medication.” For both OH physicians and nurses, the need to have anup-to-date library and subscriptions to relevant materials in employment lawand occupational health is essential aswell as regularly attending training sessions and seminars. In other words, it is not the role of the OH physician totell the tribunal whether an impairment was or was not “substantial”.This was the role of the tribunal and the question that it had to answer – acase of deja vu for the OH physician! Gillian Howard is an employment lawyer and consultant withLondon law firm Howard & Howard Several recent cases concerning the DisabilityDiscrimination Act 1995 have highlighted the distinct and specific role of theOH expert and have clarified where the expert’s evidence should start andfinish. The Bolitho decision Part of the role of the OH physician or nurse is to advisemanagement accordingly when presented with employees who have chronic orlong-term illness or injury; potential disability issues and the need foradjustments at their workplace; possible long-term disability claims; andemployees who remain at work who may have mental health problems or alcohol ordrug addiction problems. The standard of care What do you need to be? As far as employers are concerned, it is imperative that anOH physician or nurse keeps up to date with the relevant employment legislationand case law so that they are in a position to advise accordingly. “A professional man (or woman) is not guilty ofnegligence if he (she) has acted in accordance with a practice accepted asproper by a responsible body of medical men (women) skilled in that particularart. Putting it the other way around, a man (woman) is not negligent, if he(she) is acting in accordance with such a practice, merely because there is abody of opinion which would take a contrary view.” Disability and discrimination – Take advice from colleagues, your professional body ordefence union if you are unsure of what advice to give. The courts as a general rule still use the famous Bolam test(Bolam v Friern Hospital Management Committee, 1957, 1 WLR 582) to determinethe question of negligence. What is negligence?
Photo: Photo: Croatian defense ministry View post tag: Croatian Navy View post tag: RTOP Dubrovnik The Croatian Navy performed a test firing of its RBS-15B anti-ship missile, sinking a target vessel in a maneuver conducted as part of the country’s largest military drill since the Croatian War of Independence. The sinking exercise (SINKEX) took place on October 14 in the “Dugi Otok” training range and saw missile boat RTOP 42 Dubrovnik engage a target at sea from a distance of 30 kilometers.The Croatian Navy last fired the RBS-15 in October 2016 from the same vessel during the Harpun 16 naval drill.Once the RBS-15 firing was completed, RTOP Dubrovnik joined missile boats RTOP 41 Vukovar and RTOP 21 Šibenik for gunnery exercises with 57-mm, 30-mm and 23-mm guns. The task group also used their 30-mm and 23- mm guns against an aerial target which was towed by a Croatian Air Force MIG-21.The naval drills were part of the large-scale Velebit 18 tri-service exercise which involved the participation of over 5,000 Croatian personnel.“I am proud of the capabilities showcased here in the Command South, firing the RB-15B missile. We have seen the readiness and the power of the Croatian Navy and superb missile launching and hitting of the target at 30-km range,” Croatian defense minister Damir Krstičević commented. View post tag: RBS-15 Share this article
Campaign Update—Orentlicher for CongressThis past week, we enjoyed a St. Patrick’s Day Dinner with the Pike County Democrats in Petersburg, the March dinner meeting of the Otter Creek Democrats in Terre Haute, and a fish fry at Sarah Scott Middle School in Terre Haute.Residents of the 8th District commonly voice concerns about our health care system. As a physician, I know firsthand that we need to invest more of our health care dollars to prevent disease. An ounce of prevention really is worth a pound of cure.Anti-smoking efforts provide an important example. The U.S. Centers for Disease Control and Prevention (CDC) has issued guidelines for programs that could reduce cigarette smoking among adults by about one-third. With annual spending of just over $3 billion for the CDC’s recommended programs, we could cut deeply into the $300 billion in annual costs to our country from smoking.While we need to invest more health care dollars in disease prevention, the 8th District’s incumbent has joined with his Republican colleagues in Congress to cut funding for an important public health and prevention program that was enacted as part of the Affordable Care Act. Regrettably, the incumbent has described the program as a “slush fund.” With your support, we can do better and ensure that our government does much more to promote the public’s health.Please do not hesitate to let me know of ideas you have to improve public policy. You can reach me at [email protected] more information on our campaign, you can follow us on our Facebook page and at our website.FacebookTwitterCopy LinkEmail
HOBOKEN — A New Milford man, Darren Drake, 33, was among the eight victims of Tuesday’s terror attack in Lower Manhattan, the Record of Hackensack reported on Tuesday. The paper reported that the man commuted from the Hoboken train station to the World Trade Center each day, and had been working on a master’s degree at the Stevens Institute of Technology in Hoboken.The Record said Drake was a project manager at Moody’s Investors Service and had served on the New Milford school board.“James Drake said he and his son spent a lot of time together because he drove Darren every day to the Hoboken Terminal, so that he could catch the PATH train to work,” the article states. ” ‘We talked about how late we were,’ ” Drake said about their last conversation in the car. James Drake said his son had rented a Citi Bike Tuesday and that he was listening to an audiobook: ‘1491: New Revelations of the Americas Before Columbus,’ by Charles C. Mann. The younger Drake had a penchant for learning, his father said. He was working toward a second master’s degree at Stevens Institute of Technology in Hoboken. He had six or seven courses left, James Drake said.”Read more here: http://www.northjersey.com/story/news/new-jersey/2017/11/01/nyc-terror-attack-new-milford-native-darren-drake-killed/821578001/ Darren Drake took the train from Hoboken to New York City each morning. ×Darren Drake took the train from Hoboken to New York City each morning.
Thank you Mr Chair,I am grateful to the Director General for his update on the OPCW’s investigation into the horrific chemical weapons attack on 7 April in Douma, Syria. The Technical Secretariat has once again demonstrated the dedication and professionalism of its staff, willing to deploy promptly to Douma in dangerous circumstances . They have our full support and we look forward to their report. It is imperative that the Syrian Arab Republic and the Russian Federation offer the OPCW Fact Finding Mission team their full cooperation and assistance to carry out their difficult task.This Council has had to come together, yet again, to discuss another shocking violation of the Chemical Weapons Convention in Syria.Up to 75 people, including children, were killed in a despicable and barbaric attack in Douma on 7 April. The World Health Organisation has reported that 500 patients, seen by its partners in Syria, had symptoms consistent with chemical weapons exposure.The world has seen the harrowing images of men, women and children lying dead with foam in their mouths. These were innocent families who, at the time the chemical weapon was unleashed, were seeking shelter underground in basements. First-hand accounts from NGOs and aid workers have detailed burns to the eyes, suffocation and skin discolouration, with a chlorine-like odour surrounding the victims.As my Prime Minister said on 14 April, we are clear about who is responsible for the atrocity. A significant body of information, including intelligence, indicates the Syrian Regime is responsible for this latest attack. Open source accounts allege a barrel bomb was used to deliver the chemicals, and a regime helicopter was seen above Douma on the evening of 7 April. The Opposition does not operate helicopters or use barrel bombs. Reliable intelligence indicates that Syrian military officials coordinated what appears to be the use of chlorine in Douma on 7 April. No other group could have carried out this attack.As this Executive Council knows well, the Syrian Regime has an abhorrent record of using chemical weapons against its own people. Chemical weapons use has become an all too regular weapon of war in the Syrian conflict. The evidence is well known to this Council: Syria has not provided the OPCW with a complete account of its chemical weapons programme. The Director General reported just last month that Syria had not provided credible evidence to account for 22 serious issues. This includes quantities of agent Syria possessed, the type of agent and the munitions used for delivery The OPCW has recorded more than 390 allegations of chemical weapons use in Syria since the Fact Finding Mission was established in 2014 The OPCW-UN Joint Investigative Mechanism has found Syria responsible for using chemical weapons on four occasions between 2014-2017, including chlorine and sarin Hitting these targets will significantly degrade the Syrian Regime’s ability to research, develop and deploy chemical weapons.We have sought to use diplomatic channels over the past five years to stop chemical weapons use in Syria but our efforts have been repeatedly thwarted.The lack of accountability for the Khan Sheikhoun sarin attack can only have reassured the Syrian Regime that the international community was not serious in its stated commitment to uphold the norm against chemical weapons use, and to hold perpetrators to account. This is shameful.The choice for members of this Executive Council, and for all States Parties to the Chemical Weapons Convention, is clear. Will we act to defend the Chemical Weapons Convention when its norms are so flagrantly violated by a Syrian Government using chemical weapons against its own people, over and over again? Syria and its handful of allies continue to obfuscate, filibuster, and lie. The time has come for all members of this Executive Council to take a stand. Too many duck the responsibility that comes with being a member of this Council. Failure to act to hold perpetrators to account will only risk further barbaric use of chemical weapons, in Syria and beyond.Thank you Mr Chair. Based on the persistent pattern of behaviour, and the cumulative analysis of specific incidents, we assess it as highly likely that the Syrian regime has continued to use chemical weapons since the attack on Khan Sheikhoun a year ago. If unchecked, all of the evidence suggests that it would continue to do so.We and international partners have sought time and again to prevent the Assad regime from using chemical weapons against the Syrian people.Time and again when we have seen chemical weapons used in Syria, Russia has vetoed resolutions at the UN Security Council. Russia has vetoed six chemical weapons-related resolutions since the start of 2017, including a veto just last week of a draft resolution that would have established an independent investigation into the attack on Douma.Russia has argued that the attack on Douma was somehow staged, or faked.They have even suggested that the UK was behind the attack.That is ludicrous. The attack on Douma was not reported by just a sole source in opposition to the Regime. There are multiple eye witness accounts, substantial video footage, accounts from first responders and medical evidence.This Council heard similar false claims from Russia and from Syria last year.They questioned the credibility of the evidence of a chemical weapons attack in Khan Sheikhoun. Then they had to change their story once Syria itself had passed samples to the OPCW which Syria had already tested, and which proved that sarin had been used. Since 2016, Russia has sought to undermine every OPCW investigation into allegations of Regime chemical weapons use. Yet again, Russia is spreading conspiracy theories and misinformation designed to undermine the integrity of the OPCW’s fact finding mission.Russia closed down the OPCW-UN Joint Investigative Mechanism when it found that Syria was responsible for chemical weapons attacks. Russia has sought to block all action in this Council and at the Security Council to hold the Syrian Regime accountable for its actions. Russia’s activity have made further UN sponsored action untenable.The UK, along with the US and France, were clear that that chemical weapons use could not continue to go unchallenged.Syria’s use of chemical weapons, which has exacerbated the human suffering in Syria, is a serious crime of international concern. It is a breach of the customary international law prohibition on the use of chemical weapons and amounts to a war crime and a crime against humanity. The military strikes we carried out on Friday night were specifically designed to degrade the Syrian Regime’s chemical weapons capability and deter their use.The legal basis of humanitarian intervention was clear. This requires three conditions to be met:First, that there is convincing evidence of extreme humanitarian distress on a large scale requiring immediate and urgent relief.Second, it must be objectively clear that there is no practicable alternative to the use of force if lives are to be saved.And third, the proposed use of force must be necessary and proportionate to the aim of relief of humanitarian suffering. It must be strictly limited in time and scope to this aim.The objective of our military action was specifically the prevention of further use of chemical weapons in order to alleviate humanitarian suffering.It was not about interfering in a civil war. And it was not about regime change.Allies identified a specific and limited set of targets. They were: a chemical weapons storage and production facility a key chemical weapons research centre and a military bunker involved in chemical weapons attacks
Tom Tropp, vice president of corporate ethics and sustainability for Arthur J. Gallagher & Co., visited Notre Dame on Tuesday to discuss corporate ethics. The lecture was part of the Berges Lecture Series in Business Ethics, held each fall by Notre Dame’s Center for Ethics and Religious Values in Business and the Institute for Ethical Business Worldwide. In this series, senior executives speak about their personal experiences involving ethics from a corporate point of view.In 2007, Tropp earned a Masters in philosophical and theological ethics at the University of Chicago Divinity School. That same year, his international insurance brokerage company was bought out by Arthur J. Gallagher & Co., landing Tropp the opportunity to start his career rooted in ethics at Gallagher.“I went back to school to study theology,” Tropp said. “I went to learn more about my faith and within a semester, I fell in love with ethics. It was a personal conviction. Crazy, I was 55 years old when I went back to school.”Arthur J. Gallagher & Co. is the third largest insurance brokerage firm in the world and participates in 30 to 35 mergers every year. Tropp said Gallagher focuses not only on the stockbroker, but also on the stakeholder and the ethics involved in the process.“About 15 years ago … people began in the business world to equate compliance and ethics,” Tropp said. “If it’s legal, it’s ethical.“That’s not true,” he said. “There is a difference between compliance and ethics, and it is important that we understand that in the corporate world.”Tropp also addressed the misconception that ethics and compliance are synonymous. He said the two are in fact very different because compliance tells people what they must do, whereas ethics states what people should do.“Compliance is about the minimum. … Ethics is the stuff that raises us above the minimum and makes us think different from other companies,” Tropp said. “… Every company you deal with has the same compliance. Ethics is unique. Ethics is different at every company because ethics follows the people.”Tropp said that a “high integrity” company is composed of four points: corporate ethics, environmental integrity, community involvement and employee health and welfare. He said that Arthur J. Gallagher & Co. has a document called “The Gallagher Way” that helps uphold these four elements.“The Gallagher Way was made in May of 1984,” Tropp said. “… We will not change it. It is the most important document in our company. Every major decision we make on the 25th floor, that document is lying on the table.”Tropp said he believes there are certain values every human being deserves. He said these values are non-exclusionary but universal.“Different cultures have different standards of compliance, but values transcend borders,” Tropp said.Tropp ended his lecture with some advice for students about to enter the job market.“Avoid paranoia. Avoid fear. Pick a company that you respect,” Tropp said. “Lots of people take a job because they think they’re not going to have another opportunity. Don’t do it. Get a job with a company you respect.”Tags: ethics, Mendoza, mendoza college of business
Chicago View Comments Rumer Willis is currently raking in the chips in Chicago and she stopped by The Today Show on October 15 to talk about making her Broadway debut. Did she always want to be play Roxie Hart? “I kinda wanted to be Velma,” she admitted, “I think I’m much more a Velma at heart!” Her Dad, Bruce Willis, then interrupted proceedings by calling in, proclaiming: “She’s crushing it, she’s doing great!” Kathie Lee and Hoda wondered if after appearing on the boards in Misery he’d consider heading over to the Ambassador Theatre to play Billy Flynn? “I’m a heck of a dancer but I don’t know about the singing part,” he joked. So now we know where Dancing With the Stars winner Rumer gets it from! Check out the adorable interview below. from $49.50 Related Shows
Judicial waiver of parental notification rule Judicial waiver of parental notification rule The Florida Supreme Court seeks comments on new Rules of Juvenile Procedure Part IV(B) (Judicial Waiver of Parental Notice of Termination of Pregnancy); accompanying forms; and new Florida Rule of Appellate Procedure 9.110(n) (Exception, Appeal of Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy). The court recently adopted the new rules and forms in response to Chapter 2005-52, section 3, Laws of Florida. See In re: Amendments to the Florida Rules of Juvenile Procedure; Forms for use with Rules of Juvenile Procedure; and the Florida Rules of Appellate Procedure – Judicial Waiver of Parental Notice of Termination of Pregnancy, No. SC05-950 (Fla. June 30, 2005). The court invites all interested persons to comment on the new rules and forms, which are reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. The court specifically invites the Juvenile Court Rules Committee and Appellate Court Rules Committee to file comments. An original and nine paper copies of all comments must be filed with the court on or before August 29, along with a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. Comments directed to the juvenile rules must contain a certificate of service verifying that a copy has been served on the chair of the Juvenile Court Rules Committee, Alan Abramowitz, 210 North Palmetto Avenue, Suite 440, Daytona Beach 32114-3269. Comments directed to the appellate rule must contain a certificate of service verifying that a copy has been served on the chair of the Appellate Court Rules Committee, Jack Roy Reiter, 2525 Ponce de Leon Boulevard, Suite 400, Miami 33134-6012. Electronic copies of all comments also must be filed in accordance with the Court’s Administrative Order In Re: Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004). IN THE SUPREME COURT OF FLORIDA IN RE: AMENDMENTS TO THE FLORIDA RULES OF JUVENILE PROCEDURE; FORMS FOR USE WITH RULES OF JUVENILE PROCEDURE; AND THE FLORIDA RULES OF APPELLATE PROCEDURE—JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY, CASE NO. SC05-950 RULES OF JUVENILE PROCEDURE PART IV. OTHER PROCEEDINGS A. [no change] B. JUDICIAL WAIVER OF PARENTAL NOTICE OF TERMINATION OF PREGNANCY Rule 8.800. Applicability. These rules apply to proceedings instituted pursuant to section 390.01114, Florida Statutes. Rule 8.805. Commencement of Proceedings (a) Petition to Be Filed. Proceedings for a judicial waiver of parental notice of termination of pregnancy shall be commenced by the filing of a petition in any circuit court within the appellate district in which the petitioner resides as provided by section 390.01114(4)(a), Florida Statutes. (b) Pseudonymous Petitions. Petitions filed under a pseudonym or initials shall be filed simultaneously with a sworn statement containing the minor’s true name, date of birth, address and the case number. A certified copy of this Sworn Statement of True Name and Pseudonym shall be given to the minor at the time it is filed. The original sworn statement shall be kept under seal at all times and may only be opened at the minor’s request or by court order. (c) Notice Under Pseudonymous Petitions . So that the minor may receive notice in a safe and secure manner, the minor shall elect to receive notice through the address and phone number of a trusted third person or by personally contacting the clerk’s office. If the minor elects to personally contact the clerk’s office, she must still provide an address and phone number of a third person through which to receive notice in the event that the court needs to provide notice at a time other than when the minor personally contacts the clerk’s office. (d) Procedures Upon Filing Petition. Upon the filing of a petition, the clerk of the circuit court shall immediately: (1) open a file and assign a case number; (2) provide the minor with a certified copy of Form 8.988 Sworn Statement of True Name and Pseudonym ; (3) provide the minor with Form 8.989 Advisory Notice to Minor; (4) present the petition to the court for scheduling of the hearing and appointment of counsel, if requested; and (5) provide notice of the hearing to the minor. If it is not possible for the clerk to immediately provide notice at the time the minor files the petition, the clerk shall provide notice through the method elected by the minor in the petition. (e) Fees and Costs. No filing fees or court costs shall be assessed against any pregnant minor who petitions a court for a waiver of parental notice. Rule 8.810. Petition. The petition shall include: (a) the pseudonym or initials of the minor; (b) the age of the minor; (c) a statement that the minor is pregnant and notice has not been waived; (d) a statement that the minor desires to terminate her pregnancy without notice to a parent or legal guardian; and (e) a short and plain statement of facts to establish any of the following: (1) The minor is sufficiently mature to decide whether to terminate her pregnancy. (2) The minor is a victim of child abuse or sexual abuse by one or both of her parents or a guardian. (3) Notification of a parent or guardian is not in the best interest of the minor. Rule 8.815. Counsel. As provided by section 390.01114(4)(a), Florida Statutes, the circuit court shall advise the minor that she has a right to court-appointed counsel and shall provide her with counsel upon her request at no cost. Rule 8.820. Hearing (a) Hearing by Judge. A judge shall conduct an informal hearing on the petition within the time limits provided by law and these rules. General magistrates and special magistrates shall not hear a petition for a judicial waiver of parental notice of termination of pregnancy. (b) Evidence. The judge shall hear evidence relating to the emotional development, maturity, intellect, and understanding of the minor, and all other relevant evidence. (c) Burdens of Proof. (1) A finding that the minor is sufficiently mature to decide whether to terminate her pregnancy requires proof by clear and convincing evidence. (2) A finding that the minor is a victim of child abuse or sexual abuse by one or both of her parents or a guardian requires proof by a preponderance of the evidence. (3) A finding that notification of a parent or guardian is not in the best interest of the minor requires proof by a preponderance of the evidence. (d) Time Limits. As provided by section 390.01114(4)(b), Florida Statutes: (1) Cases commenced under this rule take precedence over other pending matters as necessary to ensure that the court can make its ruling and issue written findings of fact and conclusions of law within 48 hours of the filing of the petition. (2) The 48-hour time limit may be extended at the request of the minor; however, the court remains under an obligation to rule on the petition as soon as practically possible. (3) If the court fails to rule within the 48-hour period and an extension has not been requested by the minor, the petition shall be deemed granted and an order shall be issued. (e) Confidentiality of Hearings. Hearings under this part shall be closed to the public and all records thereof shall remain confidential as provided by sections 390.01114(4)(e) and 390.01116, Florida Statutes. Rule 8.825. Order and Judgment. At the conclusion of the hearing, the court shall issue written and specific findings of fact and conclusions of law in support of its decision and order that a confidential record be maintained. Rule 8.830. Transcripts. A court that conducts proceedings pursuant to these rules shall provide for a written transcript of all testimony and proceedings as provided by section 390.01114(4)(e), Florida Statutes. Rule 8.835. Confidentiality of Records (a) As provided by section 390.01116, Florida Statutes, any information including the petition, documents, transcripts, recordings of cases, and any other information that could be used to identify a minor who has petitioned the court for a judicial waiver of parental notice of termination of pregnancy is confidential and exempt from section 119.07(1), Florida Statutes, and section 24(a), Article I of the State Constitution. (b) So that the minor shall remain anonymous, the court file shall be sealed unless otherwise ordered by the court. Form 8.987. Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy I certify that the following information is true and correct: (1) The pseudonym or initials of the minor (is/are) _____________________, and the minor has filed a Sworn Statement of True Name and Pseudonym with the clerk. (2) The minor is _____ years old. (3) The minor is pregnant and notice has not been waived. (4) The minor desires to terminate her pregnancy without notice to a parent or legal guardian for one or more of the following reasons: [check all that apply] ___ a. The minor is sufficiently mature to decide whether to terminate her pregnancy, for the following reason(s): ________________________________________________________ ________________________________________________________ ________________________________________________________ ___ b. The minor is a victim of child abuse or sexual abuse by one or both of her parents or a guardian, for the following reason(s): ________________________________________________________ ________________________________________________________ ________________________________________________________ ___ c. Notification of a parent or guardian is not in the best interest of the minor, for the following reason(s): ________________________________________________________ ________________________________________________________ ________________________________________________________ (5) The minor requests that the court enter an order authorizing her to consent to the performance or inducement of a termination of pregnancy without notification of a parent or guardian. (6) The minor requests the appointment of an attorney to represent her in this matter: [check one]: _____ yes _____ no (7) The minor elects the following method or methods for receiving notices of hearings or other court actions in this case: ___ Through a third party whose name is ___________________________ and whose address and phone number for purposes of notice is _____________________________________________________________, _____________________. ___ The minor will contact the office of the clerk of court at the following phone number _______________________. I understand that by signing this form I am swearing to or affirming the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines, imprisonment, or both. Signature: __________________________ Date: ______________ (You may sign a name other than your true name, such as Jane Doe or other pseudonym under which your petition is being filed.) Form 8.988. Sworn Statement of True Name and Pseudonym Sworn Statement of True Name and Pseudonym NOTICE TO THE CLERK OF COURT: A CERTIFIED COPY OF THIS DECLARATION WITH THE CASE NUMBER NOTED ON IT SHALL BE GIVEN TO THE MINOR AFTER SHE SIGNS IT. THE ORIGINAL SHALL IMMEDIATELY BE PLACED IN A SEALED ENVELOPE WHICH SHALL BE FILED UNDER SEAL AND KEPT UNDER SEAL AT ALL TIMES. (1) My true name is ___________________________, and my address is (print your name) ________________________________________________________. (print your address) (2) My date of birth is _____________________. (3) I have filed a Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy under the name or initials___________________________ on __________________________. (date) I understand that by signing this form I am swearing to or affirming the truthfulness of the information herein and that the punishment for knowingly making a false statement includes fines, imprisonment or both. Dated: ______________ Signature: ___________________________ (You must sign your true name.) Form 8.989. Advisory Notice to Minor Advisory Notice to Minor YOU ARE NOTIFIED as follows: YOUR CASE NUMBER APPEARS AT THE TOP OF THIS FORM. KEEP IT IN A SAFE PLACE. YOU CAN NOT GET INFORMATION FROM THE CLERK WITHOUT YOUR CASE NUMBER. YOU HAVE BEEN GIVEN A COPY OF THE SWORN STATEMENT YOU SIGNED WITH YOUR TRUE NAME. KEEP IT IN A SAFE PLACE. YOU MAY NEED TO SHOW IT AND THE FINAL JUDGMENT IN YOUR CASE TO YOUR DOCTOR BEFORE TERMINATING YOUR PREGNANCY. All information in your case is confidential. No papers will be sent to your home, and you will be contacted by this court only through the method you elected in the petition. Your name will not be on your court papers. If you would like an attorney to help you with your case, the court will appoint one for you at no cost to you. Your attorney will receive notices about your case so he or she can prepare for and attend hearings with you. You may also name someone else you trust to receive notices for you. You can also contact the clerk of court yourself to check on your case. You have a right to a hearing and a decision on your case within 48 hours of filing your petition unless you or your attorney waives this right or asks for an extension of time. If this time limit is not met you have the right to ask the clerk for a form that will allow your doctor to perform a termination of pregnancy without notifying a parent. If the court dismisses your petition, you have the right to appeal. You will be given information regarding how to proceed with an appeal, and if you would like an attorney to help you with an appeal, you may request that the court appoint one. I certify that I have given a copy of this advisory form to the minor. Dated: ______________ ___________________________ Clerk of the Court ______________ County Courthouse ______________, Florida. Form 8.990. Final Order Granting Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy Final Order Granting Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy THIS CAUSE having come before the court on a petition for judicial waiver of parental notice of termination of pregnancy and the court being otherwise advised in the premises, finds the following: ___ The minor has proven by clear and convincing evidence that she is sufficiently mature to decide whether to terminate her pregnancy, for the following reason(s): _______________________________________________________________________________________________________________________________________________________________________________________ ___ The minor has proven by a preponderance of the evidence that she is a victim of child abuse or sexual abuse by one or both of her parents or a guardian, for the following reason(s): _______________________________________________________________________________________________________________________________________________________________________________________ The court, having made a finding under this section, will report the abuse as is required by section 39.201, Florida Statutes. ___ The minor has proven by a preponderance of the evidence that notification of a parent or guardian is not in the best interest of the minor, for the following reason(s): _______________________________________________________________________________________________________________________________________________________________________________________ THEREFORE, it is ORDERED AND ADJUDGED that: 1. The petition for judicial waiver of parental notice of termination of pregnancy is GRANTED. 2. The minor may consent to the performance or inducement of a termination of pregnancy without notice to a parent or guardian. 3. The clerk shall keep and maintain a confidential record of these proceedings as provided by section 390.01116, Florida Statutes, and shall seal the record. DONE AND ORDERED in the …….. court in and for ………… County, Florida, on ….. (date) ……. __________________________ ………. Judge Form 8.991. Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy THIS CAUSE having come before the court on a petition for judicial waiver of parental notice of termination of pregnancy and the court being otherwise advised in the premises, finds the following: The minor has not proven by sufficient evidence any of the criteria that would permit a judicial waiver of the parental notification requirements of section 390.01114(3), Florida Statutes, for the following reasons: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ THEREFORE, it is ORDERED AND ADJUDGED that: 1. The petition for judicial waiver of parental notice of termination of pregnancy is DISMISSED. 2. The clerk shall keep and maintain a confidential record of these proceedings as provided by section 390.01116, Florida Statutes, and shall seal the record. 3. The clerk shall immediately provide Form 9.900(a) Notice of Appeal to the minor or petitioner if other than the minor. DONE AND ORDERED in the …….. court in and for ………… County, Florida, on ….. (date) ……. __________________________ ………. Judge Rule 9.110. Appeal Proceedings to Review Final Orders of Lower Tribunals and Orders Granting New Trial in Jury and Non-Jury Cases (a) – (m) [no change] (n) Exception, Appeal of Final Order Dismissing Petition for Judicial Waiver of Parental Notice of Termination of Pregnancy. If an unmarried minor or another person on her behalf appeals an order dismissing a petition for judicial waiver of parental notice of termination of pregnancy, the clerk shall prepare and transmit the record as described in rule 9.200(d) within 2 days from the filing of the notice of appeal. The district court of appeal shall render its decision on the appeal as expeditiously as possible and no later than 10 days from the filing of the notice of appeal. Briefs or oral argument may be ordered at the discretion of the district court of appeal. If no decision is rendered within the foregoing time period, the order shall be deemed reversed, the petition shall be deemed granted, and the clerk shall place a certificate to this effect in the file and provide the minor with a certified copy of the certificate. The appeal and all proceedings thereon shall be confidential so that the minor shall remain anonymous. The file shall remain sealed unless otherwise ordered by the court. Should the petition be granted, the clerk shall furnish the petitioner with a certified copy of the decision or the clerk’s certificate for delivery to the minor’s physician. No filing fee shall be required for any part of an appeal of the dismissal of a petition for a waiver of parental notice of termination of pregnancy. August 1, 2005 Notices
Sign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York A pedestrian was fatally struck by a driver while crossing a road in Freeport in the early morning hours of New Year’s Day.Nassau County police said a 73-year-old man was driving his Hyundai westbound on Atlantic Avenue when he hit a man who was walking across the street shortly after 1 a.m. Wednesday.The victim was taken to South Nassau Community Hospital for treatment of severe head trauma but died two hours later.Homicide Squad detectives impounded the vehicle and found no apparent criminality but are continuing the investigation.
Last month, the American Customer Satisfaction Index’s annual findings scored credit unions first in customer satisfaction – the seventh consecutive year credit unions were ranked higher than banks among overall financial institutions. While it is tempting to kick up our heels and celebrate this well-deserved recognition of the thousands of front-line staff that put their hearts and souls into serving our members each and every day, it is important to remember that we still have work to do.While beating the banks is exciting, the margin of victory – a score of 85, as opposed to the average bank score of 76 – is not necessarily something to be excited about. The economic meltdown that left several banks on the verge of collapse and completely destroyed (however temporarily) the public’s trust in the stability and integrity of the modern mega-bank reached its pinnacle in 2008, just six years ago. Though consumer confidence can, and has, been restored, the fact that credit unions lead in customer satisfaction by only nine points leaves much to be desired.Market share data paints a more accurate pictureWhile we have and will likely continue to beat banks in customer satisfaction year after year, it really isn’t reflected much in credit union’s overall market share. The Credit Union National Association (CUNA) estimates that credit union membership expanded by 2.9 percent during the past year and that the 100-million member mark was eclipsed this summer, yet the association’s latest report issued in September of last year shows credit unions nab just 6.8 percent of the total asset market share, with smaller banks at 18.7 percent and the largest 100 banks still enjoying 74.5 percent of the market (http://www.cuna.org/Research-And-Strategy/Credit-Union-versus-Bank-Comparisons/Market-Share-of-Total-Assets—Banks-vs_-Credit-Unions/). Credit union’s market share in 1992: 5.6 percent. Twenty-two years, and credit union market share has only increased 1.2 percent.Payday lenders boast high customer satisfaction tooCredit unions justifiably do not like payday lenders. But while we judge them on their predatory practices, we often overlook that fact that customers often profess a high level of satisfaction with their payday lender of choice – and not just because of the quick access to money; they like the service and the people who serve them.According to a 2004 survey of payday advance customers conducted by Cypress Research Group, customers reported “high overall levels of satisfaction with their recent payday cash advance experience (77 percent satisfied). This level of satisfaction was higher than their reported satisfaction levels while ‘eating at a local restaurant’ (75 percent), ‘going to a local government office for assistance’ (61 percent), ‘or applying for a loan at a local bank or credit union’ (55 percent)…Respondents were queried in much detail regarding the application process (their understanding of the terms and repayment schedule of the cash advance, and the professionalism of the application service staff) and all satisfaction scores were at least 90 percent.” Besides the survey responses, the rapid, continuous growth of the payday loan industry speaks for itself in terms of the overall consumer satisfaction level.Why it mattersOf course, I believe that credit unions have a better overall value proposition than banks or payday lenders, but I think we need to be careful when we hang our hat on service satisfaction. Credit unions do not own the market on good customer service satisfaction, and we need to ask ourselves if satisfaction is a good indicator of growth and overall vitality within the marketplace. I’m guessing I’m not the first to look at a nine-point survey advantage with a “meh” response.We need to migrate away from communicating on the “how” and “what” we do. The how: personal, friendly service; and the what: consumer and business financial products and services that are just common commodities. It’s the “why” that matters most. As leadership guru Simon Sinek so passionately and emphatically said, “Consumers don’t buy what we do, they buy why we do it.” Maybe a clearer focus on our “why” we do what we do will have greater impact on market share and more importantly, member loyalty. Scott is the Principal of Your Credit Union Partner, PLLC.Your Credit Union Partner (YCUP) is a trusted advisor to the leaders of more than 100 credit unions located throughout … Web: www.yourcupartner.org Details 19SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr,Scott Butterfield