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US Postal Services tells Group Home in Adel Iowa No Mail

See this link for the story as  shown on TV8 KCCI news tonight 04-16-2009
http://www.kcci.com/video/19202382/index.html
16 abril 23:26 | Agregar un comentario | Vínculo permanente | Agregar al blog | News and politics

Fw: Shelby VanMeer Letter to Political Figures october 2005

Dear Peter, 
 
Thank you for your response and inquiry as to my situation. Being that I have been in contact with Represenative Watts , I am sending him this information as well. 
 
In regard to my situation and concerns I am writing this freehand but will do my best to explain my cause and my concerns. Please bear with me as I write this letter to you. My daughter, Kristin, who has turned 18 on April 04-2005, suffers from severe to profound mental retardation ( meaning that she is a 18 yer old adult child with skills equilivent to those of a 3-5 year old )  , epilepsy and borderline cerebral palsy. 
 
Federal and state laws state that I can seek child and medical support from the absent parent past the age of majority.  However Iowa Rules and Regulations state that child support past the age of majority is based on the cost to raise the child.  We actually served papers in Feb 2005 and went to court in October 2005.
 
This last January 2005 I lost employment which, in effect, lowered the cost to raise the child.  In other words, I could not show the actual costs that I would normally have for child care, days missed off work for medical appointments, things in that nature that all add to the cost to raise the child for an employed single parent.  Therefore in court, since I was not able to show those kind of costs that I have when I am employed, I was advised to accept a settlement.  The courts do not like to look at estimated or anticipated costs.  Unfortunately this happened at a bad time in my life.  I had worked for the State of Iowa as a Department of Human Services income maintenance worker but all that changed in Jan 2005. 
 
 I understand, from research about child support for adult children with disabilities, some states opt to use the child support guidelines and some states opt to use the cost to raise the child.  My personal experience leaves me with this:  we as custodial parents are busy enough without having to do the recordkeeping to be able to show the cost to raise the child.  We have to keep track of every stick of gum, every soda, every gift, every receipt for groceries, and try to prove what part of the cost is for the child for utilities, rent , etc.  I kept records of expenses paid out, as most of my spending is done through debit card or on line banking.  Had I been smarter a year ago, I would have opened a separate account for her and run every thing that I purchased for her through that account.  And this kind of recordkeeping is on top of dealing with the doctors, nurses, physical therapists, school superintendent, principal, teachers, teachers’ aides, bus drivers, child care providers, case managers, case workers, respite and Supported Community Living providers, vocational staff etc. I don't understand why, if the state can use the child support guidelines, the burdens of establishing the cost to raise the child is put again on the custodial parent.
 
 It is not like our children go to bed at age 17 and wake up at age 18 and their needs have changed so much.  The child support guidelines are based on some formula that is to be fair and just to both parents based on availability to pay.  If anything the older she gets , the harder it is to get child care providers, and living in rural area is also a thing that we face, life is difficult. Her needs have not changed. Her functional ability has progressed over the years, however progress is slow.
 
She is a very loving young woman , who will reasonably reach the ability to become self sufficient. She can not read, Although we work on educational skills , the main goal is to help her to become as self sufficeint as she can be. The  force of my goal with her is on daily living skills. Appropriate behaviors, Although we are persuing job assessments those are not completed to date. It is anticipated that they will be completed by this winter , I am hoping by January 2006. 
 
 
So, this is one issue:  I want to see the law changed so that Iowa uses the child support guidelines and stays consistent in the support of a disabled child to allow the child support guidelines to be consistant with the needs of the child. Taking into consideration disability related school children and raising the age to 21 and the Americans with Disabilities Act. 
 
The other issue is that, when looking at child support for non-disabled children, child support continues to age 18 or to age 19 if the child is still in school.  The Americans with Disabilities Act, allows that a child with disabilities can stay in school till the age of 21, but, as Iowa law is, child support stops automatically at age 18. There is another assumed law, of which I can not find or get clarification on from my attorney and maybe you can research this for me:  In court upon the settlement, I specifically asked my attorney if taking this settlement now would that allow me to take the absent parent back to court later.  The answer was, “Yes, as long as there was a substantial change in circumstances, I can.”  Well lets face it , at the moment I can’t show costs, I can’t show income, so my intent was to go back to court when I could better prove our case. 
 
 This past Monday, 3 days after court, I learned there is some law that states that child support has to be pursued before the age of majority , specifically meaning before the age of 18.  I need to know, since if this is true to be the law, I was misinformed by my attorney in court last Friday and will need to appeal. 
 
I would highly doubt he knew of this law, so rather then say he misinformed me, let’s call it lack of knowledge to appropriately represent me and advise me to make this decision in court. If indeed it is state law that this needs to be pursued before the age of majority, this is highly unfortunate and a bit discriminatory for individuals, first because it is not well known that this can be pursued, and secondly, this flip-flopped so much in congress for years , individuals who could benefit from parental support at any age after the age of 18 would not be able to pursue this today. If there is such a law that inhibits us from seeking child support for a adult disabled child after the age of 18, this needs to be looked at and changed. 
 
Kristin is my daughter, Randy is her father.  Please note, he paid child support well for 17 years, but this is all he did.  He never once attended a staffing, doctors appointment, missed a day of work for illness or seizures.  He did not even see her for a period of 14 years. He lives 12-13 miles from us and the times we do see him, Kristin has no idea he is her father.  Per his choice, none of this was taken into consideration, in the child support considerations.  These are all things that need to be considered in my life on a daily basis, while the absent parent is allowed to write a check for a few years and wipe his hands of the needs of his child, while we as custodial parents do all that we can to help our children in our homes and keep them out of institutions. 
 
Society's view is to slap ‘em in a institutional setting and let the government take care of them.  This is what the absent parent tried in court on the 21st day of October 2005.  He tried to have a judge order her to be institutionalized so he could avoid his responsibilities as her father. 
 
The last issue that I can remember, without going through my records and notes from the conversation with Representative Behn, is how the states view SSI income.  It is considered if SSI can meet the needs of the child, the parent(s) have no responsibility to the said child.  We hear every day about how Social Security is in trouble, yet we have rules and guidelines that specifically state, if the needs are met by this source , then let the government funds take care of the child's needs, while at the same time, Social Security laws state that SSI should not be counted as income in determining child support. 
 
 Although I can not find this law in our states regulations, my attorney is supposed to be sending me documents of case(s) in Iowa where the Supreme Court has ruled that if a person's needs are being met through SSI income, let that take care of the needs. (The documents were presented in court by my ex husband , and the basis in which my attorney advised that we settle this , that getting something may be better then nothing , and we can not prove cost of care at this time.)  
 
 Income from this source was meant to be resources of last resort.   To change this law, seems to be politically correct, a means tested federal and state programs are programs of last resort, income that is provided for support of the people who need it , other income received reduces the level of payment , and therefore leaving that income source for those who don't have any other source of income. Either way, it is not appropriate for the courts to count SSI as income for child support in determining the amount of support from the absent parent or if support from the absent parent is appropriate.
 
 It seems a bit contradictory to use my income to disqualify her for benefits as the custodial parent , and then to allow that this source of income alleve the non custodial parent of his parental responsibility for the child in which he brought into this world. It is not that her father can not afford to pay support, it is that the government has made it so incredibly hard to prove burden of need that it is in the non custodial parents benefit to contest these actions , wether for and in the best interest of their child or not.
 
If the government will not help us to protect our children , and the parent will not do it voluntairly , what is this telling society as a whole.   To say it in a easy statement, while the government and some of its agencies still maintain to be against institutional settings and helping us to keep out children  at home, its rules and policies tell me differently and add burden to those of us who are left to justify ourselves in a court setting.
 
I am deeply saddened by the events of court proceedings on the 21st day of October 2005 and ask for your consideration as a constituient to help change this policy. There is nothing that can be done now to retract the events in court, but there are things that can happen to help others in the same or similar situation in the future for and in the best interest of Iowa's Child(ren). If you have any questions , please feel free to contact me via email or home phone number .  Sincerely  Shelby VanMeer
 
 
 

Response from State Senate

This is a copy of the bill that was submitted to Senate. There is still a ways to go , but its a great start. I got really good reaction from both State Senate and US Senate and Congress from Represenatives. Its amazing what a difference one person can make for the good of many .
 
 
Senate File 2032
 
 
 
                                       SENATE FILE      
                                       BY  BEHN
 

    Passed Senate, Date               Passed House,  Date            
    Vote:  Ayes        Nays           Vote:  Ayes        Nays        
                 Approved                           
 
                                      A BILL FOR
 
  1 An Act relating to the provision of support for adult children
  2    who are dependent because of a physical or mental disability,
  3    providing an effective date, and providing for retroactive
  4    applicability.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5495SS 81
  7 pf/gg/14
 
PAG LIN
 
 
 
  1  1    Section 1.  Section 598.1, subsection 9, Code 2005, is
  1  2 amended to read as follows:
  1  3    9.  "Support" or "support payments" means an amount which
  1  4 the court may require either of the parties to pay under a
  1  5 temporary order or a final judgment or decree, and may include
  1  6 alimony, child support, maintenance, and any other term used
  1  7 to describe these obligations.  For orders entered on or after
  1  8 July 1, 1990, unless the court specifically orders otherwise,
  1  9 medical support is not included in the monetary amount of
  1 10 child support.  The obligations shall include support for a
  1 11 child who is between the ages of eighteen and nineteen years
  1 12 who is engaged full=time in completing high school graduation
  1 13 or equivalency requirements in a manner which is reasonably
  1 14 expected to result in completion of the requirements prior to
  1 15 the person reaching nineteen years of age; a child who is
  1 16 between the ages of eighteen and twenty=one years who is
  1 17 dependent on the parties to the dissolution proceedings
  1 18 because of physical or mental disability and who is engaged
  1 19 full=time in completing high school graduation or equivalency
  1 20 requirements in a manner which is reasonably expected to
  1 21 result in completion of the requirements prior to the person
  1 22 reaching twenty=one years of age; and may include support for
  1 23 a child of any age who is dependent on the parties to the
  1 24 dissolution proceedings because of physical or mental
  1 25 disability.
  1 26    Sec. 2.  Section 598.21B, Code Supplement 2005, is amended
  1 27 by adding the following new subsection:
  1 28    NEW SUBSECTION.  2A.  SUPPORT ORDER == CHILD DEPENDENT ON
  1 29 PARTIES BECAUSE OF DISABILITY.  In calculating support for a
  1 30 child of any age dependent on the parties because of physical
  1 31 or mental disability, the court shall apply the child support
  1 32 guidelines and calculate the amount of support in the same
  1 33 manner as that provided under this section for calculation of
  1 34 support for a minor child.  The determination of the support
  1 35 amount shall not include consideration of any supplemental
  2  1 security income received by the adult child.
  2  2    Sec. 3.  Section 598.21C, Code Supplement 2005, is amended
  2  3 by adding the following new subsection:
  2  4    NEW SUBSECTION.  9.  MODIFICATION FOR SUPPORT OF DISABLED
  2  5 CHILD.  Modification of a support order for a child of any age
  2  6 who is dependent on the parties to the original dissolution
  2  7 proceedings because of physical or mental disability shall be
  2  8 subject to the modification provisions applicable to a child
  2  9 support order.
  2 10    Sec. 4.  EFFECTIVE DATE == RETROACTIVE APPLICABILITY.  This
  2 11 Act, being deemed of immediate importance, takes effect upon
  2 12 enactment and is retroactively applicable to orders, decrees,
  2 13 or judgments entered or pending before July 1, 2006, that
  2 14 provide for support for a child of any age who is dependent on
  2 15 the parties to the original dissolution proceedings because of
  2 16 physical or mental disability.
  2 17                           EXPLANATION
  2 18    This bill relates to support of a child of any age who is
  2 19 dependent on the parties to a dissolution proceeding because
  2 20 of physical or mental disability.  The bill provides in the
  2 21 definition of "support" that support obligations shall include
  2 22 the provision of support to a child who is between the ages of
  2 23 18 and 21 years who is dependent on the parties to the
  2 24 dissolution proceedings because of physical or mental
  2 25 disability and who is engaged full=time in completing high
  2 26 school graduation or equivalency requirements in a manner
  2 27 which is reasonably expected to result in completion of the
  2 28 requirements prior to the person reaching 21 years of age.
  2 29    The bill also provides that the court, in calculating
  2 30 support for a child of any age dependent on the parties
  2 31 because of physical or mental disability, shall apply the
  2 32 child support guidelines and calculate the amount of support
  2 33 in the same manner as that provided for calculation of support
  2 34 for a minor child.  Additionally, in calculating the support
  2 35 amount, the court is not to consider any supplemental security
  3  1 income received by the adult child.  The bill also provides
  3  2 that modification of a support order for a child of any age
  3  3 who is dependent on the parties to the original dissolution
  3  4 proceedings because of physical or mental disability is
  3  5 subject to the modification provisions applicable to a child
  3  6 support order.
  3  7    The bill takes effect upon enactment and is retroactively
  3  8 applicable to orders, decrees, or judgments entered or pending
  3  9 before July 1, 2006, that provide for support for a child of
  3 10 any age who is dependent on the parties to the original
  3 11 dissolution proceedings because of physical or mental
  3 12 disability.
  3 13 LSB 5495SS 81
  3 14 pf:nh/gg/14
 
 
 
 
"It is not the critic who counts: not the man who points out how the strong man stumbles or where the doer of deeds could have done better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again, because there is no effort without error or shortcoming, but who knows the great enthusiasms, the great devotions, who spends himself for a worthy cause; who, at the best, knows, in the end, the triumph of high achievement, and who, at the worst, if he fails, at least he fails while daring greatly, so that his place shall never be with those cold and timid souls who knew neither victory nor defeat."
 
Theodore Roosevelt
"Citizenship in a Republic,"
Speech at the Sorbonne, Paris, April 23, 1910
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