Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?…' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

“There is in the State Treasury the Family Law Trust Fund….”

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Huh???

When I read that, it reminded me of an old spiritual —  sing it slow, repeatedly, and with feeling, if you want to feel better, temporarily, before returning to work for “the man” in the house or in the fields. Seriously…..

There is a balm in Gilead, to make the wounded whole, There is a balm in Gilead to heal the sin-sick soul.”

That’s the refrain; here’s the rest (including repeated refrain). This is an African-American Spiritual. To really appreciate, search to hear it on-line, preferably with words like “Tuskeegee” or “Moses Hogan” or “Paul Robeson” “Mahalia Jackson” or something with the word “Brooklyn” in it, moreso than, say, “St. Olaf Choir” after the title. It’s a classic, and has obvious appeal.

Sometimes I feel discouraged and think my work’s in vain,
But then the Holy Spirit revives my soul again.
There is a balm in Gilead to make the wounded whole;
There is a balm in Gilead to heal the sin sick soul.

If you cannot preach like Peter, if you cannot pray like Paul,
You can tell the love of Jesus and say, “He died for all.”
There is a balm in Gilead to make the wounded whole;
There is a balm in Gilead to heal the sin sick soul.

Don’t ever feel discouraged, for Jesus is your friend;
And if you lack for knowledge, He’ll never refuse to lend.
There is a balm in Gilead to make the wounded whole;
There is a balm in Gilead to heal the sin sick soul.


Don’t worry — this post starts out religious for purposes of expression, but we are getting down to the business mentioned in its title. This Fund does exist, has a fund number, shows up on various reports, and it’s also possible to see where at least the public part of its contents come from.

More posts forthcoming also…should confirm that the primary purpose of government (as it exists now) is, as the primary purpose of most corporations, to raise money by selling things — like rights to the labor of others’ bodies and souls….

No doubt there is some a Balm in Gilead, or at least a transformational, warming (balmy?) emotion shared after singing it (or hearing it sung).  This goes a long way towards TEMPORARILY healing the sickening gut feeling, a legitimate instinctive response to exposure of what humans can now, and always have done to those arrogantly classified as “the other” — and how exactly how they do it.  I’ve experienced it.

I’ve also been heartwarmed time and again by people who helped me recover long enough from a recent violent incident in order to go on, and get back in that same situation (until that DV order with kick out was served!) — but after all this IN the home, and the Conciliation Court paradigm (i.e., how smart is this? …forcible co-parenting with a batterer whose first assaults began with one’s pregnancy) years of other struggles and hearings (minus any protection) AFTER separation, that all my supportive personnel (friends, colleagues, etc.) were no better equipped (including equipped with KNOWLEDGE) than I  to do more than refresh me before another round in the boxing ring. Unfortunately, we have not yet found the recipe to force the courts to quit hauling one victim in front of one parent in the FAMILY CONCILIATION COURT venues…

{{a closer reading of conciliation law will “shine a light” on how this is done — a jurisdiction grab, that is…}}

WHY? — People in this support system, of people traumatized by these courts, had to preserve their own jobs, integrity, and from their point of view, they already pay taxes to handle these issues (allegedly that’s why they pay taxes). It’s also clear that we can’t stop the entire apparatus alone, one person by one person — and even that complaining about it hasn’t change business as usual. If they were to actually address the issue, many idols would bite the dust, so to say — many myths be exploded, particularly on what their income taxes are being used for, or that these income taxes are even necessary to start with!

My support people, basically bystanders who saw what was happening week by week, month by month, and year by year, don’t run to the criminal sort and didn’t know WHO (government + nonprofits/for-profits) has been both staging and placing bets on the fight, or HOW it was set it up the family law paradigms. But now they are being informed….

SO, WHERE IS THAT BALM?

Perhaps taking clear action to stop the slave trade or as we now call it more politically correct, “human trafficking” or “child trafficking,”, i.e., the selling of souls for profit would be a healing balm, perhaps it would start to restore the soul in THIS life. See Isaiah 58, “That ye break every yoke.”

6 Is not this the fast that I have chosen? to loose the bonds of wickedness, to undo the bands of the yoke, and to let the oppressed go free, and that ye break every yoke?

{{sounds like they had the power to do this, as the oppressors…doesn’t say, go rescue them — says, “let them go free.” So who was oppressing?}}

7 Is it not to deal thy bread to the hungry, and that thou bring the poor that are cast out to thy house? when thou seest the naked, that thou cover him; and that thou hide not thyself from thine own flesh?

8 Then shall thy light break forth as the morning, and thy healing shall spring forth speedily: and thy righteousness shall go before thee; the glory of the LORD shall be thy rearward.

9 Then shalt thou call, and the LORD shall answer; thou shalt cry, and he shall say, Here I am. If thou take away from the midst of thee the yoke, the putting forth of the finger, and speaking wickedly;

{{sounds like this yoke was in the middle of the people, not the other side of the globe….}}

10 and if thou draw out thy soul to the hungry, and satisfy the afflicted soul; then shall thy light rise in darkness, and thine obscurity be as the noonday:

11 and the LORD shall guide thee continually, and satisfy thy soul in dry places, and make strong thy bones; and thou shalt be like a watered garden, and like a spring of water, whose waters fail not.

Who put those yokes, and bonds on to start with, who was oppressing? Where was that yoke? Whatever it WAS, today we find written right into our legal code, many “yokes” and financial burdens (fees to support funds like the one mentioned here) to build hard-labor harnesses for the lower and middle class…and then we put the reins in the hands of those who helped set up that same code for their own benefit. That’s a good investment, getting people to endorse and even pay for and construct — their own traps, harnesses, yokes, etc.

How can people be persuaded to do this? Well, the combo of force, confusion (deceit) and relentless propaganda helps….. Confound the meanings of words, tell them it’s good for ’em. Construct some gods to worship


“I knows yer Bible” — and I also know that no tax-exempt from even reporting religious organization is  going to report on this (heck, they don’t even report much on regular domestic violence laws, let alone on how the family code gets around it through conciliation laws).  I also know that the Jesus Christ that is supposed to come back and issue JUDGMENT, according to the last book in the Book, is also opposed to slave-trading (see Rev. 18 or so), and lays the bloodshed of the world at the foot of the merchants of the world.  Seems to me someone had a little insight (or, a lot) there, still true today.

While on that theme…as to religion and tax-exemptions:

I felt pretty sick, too, on reading the tax return of “Young Life” yesterday, based in Colorado Springs, and with boards of directors that are mostly men, and mostly white,  in other words that simply don’t look like what America even looks like (4 women out of 22 shown, and very little color.  Powerpacked board includes the Governor of Tennessee, Chairman of a sports team, etc.). Divisional Veeps: 1 woman out of 9 positions;  and a Cabinet, not much different. (those are photos).   Their tax return is 67 pages long.

And that Madison Avenue Presby (MAPC) in NYC (large enough for you?) has been contributing to local outreach overlapping with this organization, while screwing its own (female) membership out of their property, mistreating its janitorial (African American) staff who were unionized while the overseers were not, and what looks like strategizing in advance to retaliate upon any one who stood up to them.

AND it looks like (MAPC) over-billing for basic repairs (the $169K toilets, invoice being $90K factor), AND allowing church property to be used by others for financing completely un-related deals, and their receipts aren’t exactly under scrutiny either.  The YoungLife organization is about $250 million, and owns a for-profit in Colorado, and a Yacht company in Canada; their “CEO” type (Dennis Ryberg) has about $415K in compensation (and many  others, well over $150K salaries)  and among their boards is the Governor of Tennessee.  They are wiring money all over the globe (especially Central America) in re: their tax-exempt purpose:  exposing people to the person of Jesus Christ through personal religious experiences (at camps and getaways, weekly Bible studies, etc..”  In other words, we are subsidizing that stuff.  (contact me if you want details, or find them yourself!).

So, until justice happens we are going to need all kinds of balms, salves (I don’t recommend Rxes) and lots of great music probably, to survive.

BUT

In this post I am going to “lend” us some knowledge about a few other things….and maybe it will be healing to the soul.   

Who knows if understanding where the money comes from –how we pay the state to transfer money to the family law trust fund,

How that family trust fund gets used,

How this prolongs and increases anguish through their treatment of our families in certain courts, like the Conciliation Courts ** might not just feel good, it might lead to stopping the human slave traffic, massive incarcerations, and medical psychological control of an entire society.

But knowing where money comes from and goes to is a real accomplishment.  It definitely spices up the sickening feeling of being “had” with a better prospects of doing something about it.  And that’s part of MY personal dream, which I have.

That Family Law Trust Fund (which they are NOT singing much about) is a balm to some — and a “bomb” to others, like mothers and fathers.

Funds can be appropriated to things they are also still getting federal grants, distributed through the Judicial Council/Administrative Office of the Courts (in my state, at least) AND perhaps sometimes they can also charge private parties for the same services we don’t need, and shouldn’t be confused with the process of justice.

So — do you know where that phrase, “There is in the State Treasury a Family Law Trust Fund” came from?

If you live in California and are having trouble maintaining contact with your children, obtaining child support as enforced, or existing up to three months in a row without a pending custody hearing, or some form of threat, extortion, or drama around their, or your, safety — then you should start knowing it. Now.

If you don’t, there’s plenty of reasons why not (many of them can be found in national nonprofits consisting of strategizing civil servants funded federally and privately to so strategize….. I name lots of them in this blog…Associations, Institutes, Councils, etc….)

That phrase is from a part of the California Family Code, Section 1800- 1852.

(=active link)

Specifically, in section 1852…

I suggest this code as bedtime reading, after you’ve put any remaining children to bed. Read in sequence, perhaps the significance will set in. {{pls. note: I am taking this on-line and do not assert what’s there is the most current version. If you are in need of the most current version, speak to someone who knows how to point you to it, such as a law librarian).

Don’t live in California, want me to do your homework, if you’re not in California and can’t type in “Texas [or any other state] Conciliation Law” into an internet search field, or don’t know how to read the state family code on-line (or in print)? (think again….). First of all, understand there are organizations around (nonprofits) to ensure that many codes are standardized, including at least some of the family codes (for example, Uniform Law Commission) and some uniformity comes from the people that were lobbying for these share conferences, languages, collegiality and membership in groups organizing to get them passed, sometimes in association with other foundations, and/or with portions of the federal government (i.e., HHS, etc.)
(for example, the HHS funded “NACC” (HQ Colorado, membership, all over) to develop child welfare (category “Adoptions”) as a legal specialty. $600,000 to develop a certification program.

Seriously — these chapters aren’t as long as in most textbooks. Some are really, really short — but powerful. Please read ’em! (You’re paying for them, most likely, unless you’re profiting from them).

So, let’s talk about that fund!  Where it came from, where it goes to, how much is in it, and who controls it! JUST PERHAPS our very own family code may have something to say about it!

1850: This part may be cited as the Family Conciliation Court Law”

(<= = =link)
The phrase “Family Conciliation Court” is bound to be really confusing — because in another section of family law (not 1800s), there is domestic violence (as there also is under the Penal Code); but under conciliation section, that language has been smothered under “conciliatory” (relational/psychological) terms. And the real cute part is, how do you know which section is in the courtroom when you show up — and which section is in the brain (thinking) of the presiding family law judge?…Is there a sign on the door? Is your nonprofit family law attorney (or even nonprofit DV professional) going to volunteer this information?

1852.  (a) There is in the State Treasury the Family Law Trust Fund.

{{like I just said … At the bottom of this post, I’ve got a link to the (319pp) California 2011 CAFR (transmitted by State Comptroller) so you can look up how much (cumulative, not just for the year) is in that particular trust funds.}}

(b) Moneys collected by the state pursuant to subdivision (c) of
Section 103625 of the Health and Safety Code {{active link}}, Section 70674 of the Government Code {{active link}}, and grants, gifts, or devises made to the state from private sources** to be used for the purposes of this part shall be deposited into the Family Law Trust Fund.

{{Section 103625 is worth reading; Linked here.  I’ll make it a separate post or page — not to be missed!! Now we know where some of those fees we pay with the revolving doors at the courthouse, or county registrar (wanna get married? record a birth? Get a certificate of dissolution? or a certified copy of almost anything else? Then you are helping pay for this destruction of others’ vitality through the courts….}}

{{Grants gifts or devices made to the state from private sources of course are not bribes, because after all, this section is California Code… for all our benefit.   Who’s donating them is NOYB?? }}..

(c) Moneys deposited in the Family Law Trust Fund shall be placed in an interest bearing account. Any interest earned shall accrue to the fund and shall be disbursed pursuant to subdivision (d).

{{See where it comes from.  You pay up front, meaning less in any low-interest bearing account you may still have left — and more in the State’s funds…}}

(d) Money deposited in the Family Law Trust Fund shall be disbursed for purposes specified in this part and for other family law related activities.

{{how nice “other family law related activities” is so well defined….}}

(e) Moneys deposited in the Family Law Trust Fund shall be administered by the Judicial Council. The Judicial Council may, with appropriate guidelines, delegate the administration of the fund to the Administrative Office of the Courts.

{{“great” ….FYI, a lot of the AOC leadership is AFCC. Go figure…}}

(f) Any moneys in the Family Law Trust Fund that are unencumbered at the end of the fiscal year are automatically appropriated to the Family Law Trust Fund of the following year.

{{as opposed to, say, collecting less next time around or reducing the fees…To the contrary, I saw pleadings and motions on-line about, can the County Supervisors INCREASE those filing fees?}}
(g) In order to defray the costs of collection of these funds, pursuant to this section, the local registrar, county clerk, or county recorder may retain a percentage of the funds collected, not to exceed 10 percent of the fee payable to the state pursuant to subdivision (c) of Section 103625 of the Health and Safety Code.

Isn’t that sweet?  Here’s Section 103625 (subsections a – m [m seems to kick in January 2018.  Ask your local rep WTF it’s for …]) so you know where it’s coming from (not including the private donors to the cause):

California Health and Safety Code Section 103625

Note.  The family Law Trust Fund draws from only section “c” but I thought we should get a scope — and start asking where the money derived from sections a,b,d,e,f,g,h,i,j,k. and etc. (where it refers to fees collected) goes to…


(a) A fee of twelve dollars ($12) shall be paid by the
applicant for a certified copy of a fetal death or death record.
(b) (1) A fee of twelve dollars ($12) shall be paid by a public
agency or licensed private adoption agency applicant for a certified
copy of a birth certificate that the agency is required to obtain in
the ordinary course of business. A fee of sixteen dollars ($16) shall
be paid by any other applicant for a certified copy of a birth
certificate.

Four dollars ($4)of any sixteen-dollar ($16) fee is
exempt from subdivision (e) and shall be paid either to a county
children’s trust fund or to the State Children’s Trust Fund
, in
conformity with Article 5 (commencing with Section 18965) of Chapter
11 of Part 6 of Division 9 of the Welfare and Institutions Code.

{{more stuff to look up. And also be alert for uses of those county or state children’s trust fund. It’s where some fatherhood programming seems to be funneled through, in my opinion. I first noticed it in Alabama (“Footloose in Tuscaloosa” post}}

(2) The board of supervisors of any county that has established a
county children’s trust fund may increase the fee for a certified
copy of a birth certificate by up to three dollars ($3)
for deposit
in the county children’s trust fund in conformity with Article 5
(commencing with Section 18965) of Chapter 11 of Part 6 of Division 9
of the Welfare and Institutions Code
.


{{OK the purpose of a county children’s trust fund would be found there…}}.
This Section of Code is HUGE!}}
Division 9 is “Public Social Services.” Under it we see the Federal Gov’t pulling strings on California
through the Child Support System, and possible Title IV-D penalties if they don’t get their act together.
Check out “Automated Child Support Section.”!!

Here is “18965,” and if you live in California (or wish to learn how these things go), I HIGHLY recommend reading through it, including who controls the fund, and that there are federal matching grants for this fund. THis is a key to finding out what money goes through it. Notice:


(c) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage record, that has been
filed with the county recorder or county clerk, that the agency is
required to obtain in the ordinary course of business
. A fee of six
dollars ($6)
shall be paid by any other applicant for a certified
copy of a marriage record that has been filed with the county
recorder or county clerk
.

That would include you or me, if we need it. “any other” means “not public agency”


Three dollars ($3) of any six-dollar ($6) fee is exempt from subdivision (e)

and shall be transmitted monthly
by each local registrar, county recorder, and county clerk to the
state for deposit into the General Fund as provided by Section 1852
of the Family Code.

(d) A fee of three dollars ($3) shall be paid by a public agency
applicant for a certified copy of a marriage dissolution record
obtained from the State Registrar that the agency is required to
obtain in the ordinary course of business. A fee of six dollars ($6)
shall be paid by any other applicant for a certified copy of a
marriage dissolution record
obtained from the State Registrar.

((and we thought marriage and divorce, along with domestic violence, was “a family affair.” NOPE. It’s a State Fiscal
affair, and as such, ripe for exploitation and fees..Now, before you get indignant “services required fees,” read some more CAFRs. CAFR1.com. Actually, not any more, they don’t. there’s plenty of profit to go around for all services rendered, although a lot of the “services rendered” are actually just more ways to control and extort the people.))


(e) Each local registrar, county recorder, or county clerk
collecting a fee pursuant to subdivisions (a) to (d), inclusive,
shall do the following:

(1) Transmit 15 percent of the fee for each certified copy to the
State Registrar by the 10th day of the month following the month in
which the fee was received.
(2) Retain 85 percent of the fee for each certified copy solely to
support the issuing agency for all activities related to the
issuance of certified copies of records pursuant to subdivisions (a)
to (d), inclusive.
(f) In addition to the fees prescribed pursuant to subdivisions
(a) to (d), inclusive
, all applicants for certified copies of the
records described in those subdivisions shall pay an additional fee
of three dollars ($3), that shall be collected by the State
Registrar, the local registrar, county recorder, or county clerk, as
the case may be
.
(g) The local public official charged with the collection of the
additional fee established pursuant to subdivision (f) may create a
local vital and health statistics trust fund
. The fees collected by
local public officials pursuant to subdivision (f) shall be
distributed as follows:
(1) Forty-five percent of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(2) The remainder of the fee collected pursuant to subdivision (f)
shall be deposited into the collecting agency’s vital and health
statistics trust fund, except that in any jurisdiction in which a
local vital and health statistics trust fund has not been
established
, the entire amount of the fee collected pursuant to
subdivision (f) shall be transmitted to the State Registrar.
(3) Moneys transmitted to the State Registrar pursuant to this
subdivision shall be deposited in accordance with Section 102247.
(h) Moneys in each local vital and health statistics trust fund
shall be available to the local official charged with the collection
of fees pursuant to subdivision (f) for the applicable jurisdiction
for the purpose of defraying the administrative costs of collecting
and reporting with respect to those fees and for other costs as
follows:
(1) Modernization of vital record operations, including
improvement, automation, and technical support of vital record
systems.

{{I wonder if this includes the BILLION DOLLAR BOONDOGGLE of the Docketing System also??
(CCMS, PACER, etc. — read courthouseforum news, and search “Administrative Office of the Courts”
for the back pages.}}

(2) Improvement in the collection and analysis of health-related
birth and death certificate information, and other community health
data collection and analysis, as appropriate.
(i) Funds collected pursuant to subdivision (f) shall not be used
to supplant funding in existence on January 1, 2002, that is
necessary for the daily operation of vital record systems. It is the
intent of the Legislature that funds collected pursuant to
subdivision (f) be used to enhance service to the public, to improve
analytical capabilities of state and local health authorities in
addressing the health needs of newborn children and maternal health
problems, and to analyze the health status of the general population.

(j) Each county shall annually submit a report to the State
Registrar by March 1 containing information on the amount of revenues
collected pursuant to subdivision (f) in the previous calendar year
and on how the revenues were expended and for what purpose.
(k) Each local registrar, county recorder, or county clerk
collecting the fee pursuant to subdivision (f) shall transmit 45
percent of the fee for each certified copy to which subdivision (f)
applies to the State Registrar by the 10th day of the month following
the month in which the fee was received.
(l) In providing for the expiration of the surcharge on birth
certificate fees on June 30, 1999, the Legislature intends that
juvenile dependency mediation programs pursue ancillary funding
sources after that date.

(m) This section shall become operative on January 1, 2018.

 

(see “(l)”, above so now we know what the surcharge on birth certificate fees was for — promoting Juvenile Dependency Mediation Programs..

This appears to be a memo regarding the fees, you can see Family Law Trust Fund (code 0587?) mentioned, in chart form (easier to see the figures)
_ _ _ _ _ _ _ _ _ _ _ _

Regarding Conciliation Codes and Courts:

In future posts, or revisions of this one, I want to look at that Section 1850 (meanwhile, you can, if you want) to start connecting the dots between the funding and what it’s going towards. Section 1852 is about the funds. Section 1852 is what’s being done with them…

I also want us to then look at a typical CAFR and identify the contents of that Family Law Trust Fund, for an example of how to look up funds.  this may be a little tricky as I can’t afford to print many of them out (they are large documents better seen in hard copy printout that on-line, I feel).

SAMPLE: Just showing again that that total investments and the Budget are not the same thing….

Here –transmitted March, 2012 from John Chiang, Controller — is the Comprehensive Annual Financial Statements (pdf is 319pp, see table of contents) for the STATE of California. NOTE; Courts also deal with counties, and California has 58 of them. There are also statements (CAFRs) for the counties, by law.


http://www.sco.ca.gov/Files-ARD/CAFR/cafr11web.pdf

The Transmittal Letter reads: “To the Citizens, Governor, and Legislature of the State of California.”
(There’s probably no law that anyone has to remind the citizens that they are being addressed, or how relevant it might be to look these things up! Major newspapers have corporate owners, usually, and they are not publicizing how much money the government actually has — why would they? If people knew, they’d protest taxes more, and demand political changes that might not favor dutifully subservient employee-hood…. They also might demand different handling of schools, courts, etc. such as all those fees for even a record of their own marriages, dissolutions, and children’s births..

However, apparently Government Code 12460 requires its preparation, in accord with generally accepted in the United States (GAAP) (GAAP= I think a private nonprofit) standards and containing “information to help readers gain a reasonable understanding of the State’s [[note: who “State” is and is not will be defined in the transmittal letter]] financial activities.”

A few details: first page states (para. three) says that “the State’s three major sources of revenue — personal taxes, corporate taxes, and sales and use taxes” increased 8.6% from 2009-10 to 2010-11, and this $7 billion increase was mostly in personal taxes.. (the total being, it says, $94.6 billion). POINT: this absolutely doesn’t mention the profits from investment income, which is a significant wealth platform!

Then it goes into the “state of the state” paragraphs and by the end of p.1 is saying we (California) has significant “budgetary and cash shortfalls.” Those are specific words referring to specific part of the holdings, see writings of Walter Burien for more details. A budget is not a CAFR, there are kinds of ways to name and account for funds which don’t reveal the full extent. Also most people, in thinking of “the State of California” think it means all government entitities within it — however California GEOGRAPHICALLY and POLITICALLY has many other subsidiary forms of governments — like cities, counties and enterprise districts — and school districts (school districts are a part of government). These also are to produce CAFRs. Not all income IN california’s Governments comes from the State level, obviously. This report tells us which units are contained in the report.

http://www.sco.ca.gov/Files-ARD/CAFR/cafr11web.pdf
(go to “page 3” a letter from the State Auditor, which has several bulleted funds mentioned (under two categories: Government-Wide, and Funds) they did not audit (someone else did). This list is good to be aware of, as income producers. It tells us, of the government-wide funds, which ones were producing most of the assets and revenues….

The Family Law Trust fund is under “OTHER” Governmental Costs — and will be exposed in my next post.

By the way, you are welcome, for a 4,000 word post (or thereabouts) for a change!

Written by Let's Get Honest

January 27, 2013 at 9:11 pm

One Response

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  1. […] There is in the State Treasury a Family Law Trust Fund (published 1/27/2013, about a year ago). […]


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martinplaut

Journalist specialising in the Horn of Africa and Southern Africa

Let's Get Honest! Blog: Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?...' (posted 3/23 & 3/5/2014). Over 680 posts, Public-Interest Investigative Blogging On These Matters Since 2009.

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