Friday, August 19, 2016
Thursday, August 18, 2016
Video of special needs child being abused by foster parent
[Shocking Video Uploaded to Facebook Shows a Foster...] http://newsmasterapp.com/article/i6310743723395252739?app_id=1106
Saturday, August 13, 2016
Protection From Discrimination
More Topics In This Section
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Protection from Discrimination in Child Welfare Activities
The child welfare system is a group of services designed to promote the well-being of children by ensuring safety, achieving permanency, and strengthening families to care for their children successfully. While the primary responsibility for child welfare services rests with the states, the Administration for Children and Families (ACF) supports the delivery of child welfare services through funding of programs and legislative initiatives.
The Office for Civil Rights (OCR) is responsible for enforcing civil rights laws that apply to state, local and federally funded child welfare agencies and some courts.These laws prohibit discrimination on the basis of race, color, national origin, disability, sex, or age in the delivery of child welfare services:
Title VI of the Civil Rights Act of 1964
Title VI prohibits federally-funded state and local child welfare agencies and courts from discriminating against individuals on the basis of race, color, or national origin in the provision of benefits and services. This includes taking reasonable steps
to provide meaningful access to people with limited english proficiency (LEP).
Title II of the Americans with Disabilities Act of 1990
Title II and Section 504 of the Rehabilitation Act of 1973 Section 504 prohibit state, local, and federally funded child welfare agencies and courts from discriminating against qualified individuals on the basis of disability in the provision of child welfare services.
Title IX of the Education Amendments of 1972
Title IX prohibits federally funded state and local child welfare agencies from discriminating on the basis of sex (gender) in federally assisted education programs.
The Age Discrimination Act of 1975
This act prohibits state and local federally funded child welfare agencies and courts from discriminating against individuals on the basis of age.
The Multiethnic Placement Act of 1994 (MEPA)
Section 1808(c) of the Small Business Job Protection Act of 1996 amended MEPA, and prohibits state and local federally funded child welfare agencies from using a child’s or adoptive or foster parent’s race, color, or national origin to deny or delay a child’s placement. State agencies must also recruit and retain foster, adoptive, and kinship homes that reflect the diversity of children and youth in the child welfare system.
Provider Resources
HHS and the Department of Justice (DOJ) Issue Disability Rights Technical Assistance on Child Welfare
http://www.hhs.gov/civil-rights/for-individuals/special-topics/adoption/index.html
Print  Share   
Protection from Discrimination in Child Welfare Activities
The child welfare system is a group of services designed to promote the well-being of children by ensuring safety, achieving permanency, and strengthening families to care for their children successfully. While the primary responsibility for child welfare services rests with the states, the Administration for Children and Families (ACF) supports the delivery of child welfare services through funding of programs and legislative initiatives.
The Office for Civil Rights (OCR) is responsible for enforcing civil rights laws that apply to state, local and federally funded child welfare agencies and some courts.These laws prohibit discrimination on the basis of race, color, national origin, disability, sex, or age in the delivery of child welfare services:
Title VI of the Civil Rights Act of 1964
Title VI prohibits federally-funded state and local child welfare agencies and courts from discriminating against individuals on the basis of race, color, or national origin in the provision of benefits and services. This includes taking reasonable steps
to provide meaningful access to people with limited english proficiency (LEP).
Title II of the Americans with Disabilities Act of 1990
Title II and Section 504 of the Rehabilitation Act of 1973 Section 504 prohibit state, local, and federally funded child welfare agencies and courts from discriminating against qualified individuals on the basis of disability in the provision of child welfare services.
Title IX of the Education Amendments of 1972
Title IX prohibits federally funded state and local child welfare agencies from discriminating on the basis of sex (gender) in federally assisted education programs.
The Age Discrimination Act of 1975
This act prohibits state and local federally funded child welfare agencies and courts from discriminating against individuals on the basis of age.
The Multiethnic Placement Act of 1994 (MEPA)
Section 1808(c) of the Small Business Job Protection Act of 1996 amended MEPA, and prohibits state and local federally funded child welfare agencies from using a child’s or adoptive or foster parent’s race, color, or national origin to deny or delay a child’s placement. State agencies must also recruit and retain foster, adoptive, and kinship homes that reflect the diversity of children and youth in the child welfare system.
Provider Resources
HHS and the Department of Justice (DOJ) Issue Disability Rights Technical Assistance on Child Welfare
http://www.hhs.gov/civil-rights/for-individuals/special-topics/adoption/index.html
Circumstances that are grounds for Termination of parental rights in Arizona
Arizona
Circumstances That Are Grounds for Termination of Parental Rights Rev. Stat. § 8-533
Grounds to terminate the parent-child relationship shall include any of the following, with due consideration for the best interests of the child:
• The parent has abandoned the child.
• The parent has neglected or willfully abused a child.
• The parent is unable to discharge parental responsibilities because of mental illness, mental deficiency, or a history of chronic abuse of dangerous drugs or alcohol, and there are reasonable grounds to believe that the condition will continue for a prolonged period.
• The parent has been convicted of a felony of such nature as to prove the unfitness of that parent, including murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years.
• The potential father failed to file a paternity action within 30 days of completion of service of notice as prescribed
in § 8-106(G).
• The putative father failed to file a notice of claim of paternity.
• The parents have relinquished their rights to a child to an agency or have consented to the adoption.
• The identity of the parent is unknown and continues to be unknown following 3 months of diligent efforts to
identify and locate the parent.
• The parent has had parental rights to another child terminated within the preceding 2 years for the same cause and is currently unable to discharge parental responsibilities due to the same cause. The following may also be grounds for termination of parental rights: • The child is being cared for in an out-of-home placement, the agency responsible for the child’s care has made a diligent effort to provide appropriate reunification services, and one of the following circumstances exists:
» The child has been in an out-of-home placement for a cumulative total period of 9 months or longer, and the parent has substantially neglected or willfully refused to remedy the circumstances that cause the child to be in an out-of-home placement.
» The child who is under age 3 has been in an out-of-home placement for a cumulative total period of 6 months or longer, and the parent has substantially neglected or willfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department.
» The child has been in an out-of-home placement for a cumulative total period of 15 months, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement, and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.
• All of the following are true:
» The child was cared for in an out-of-home placement pursuant to court order.
» The agency responsible for the care of the child made diligent efforts to provide appropriate reunification
services.
» The child was returned to the legal custody of the parent from whom the child had been removed.
» Within 18 months after the child was returned, the child was removed from that parent’s legal custody, the child is being cared for in an out-of-home placement, and the parent is currently unable to discharge parental responsibilities.
The failure of an alleged parent who is not the child’s legal parent to take a test requested by the department or ordered by the court to determine if the person is the child’s natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure.
Circumstances That Are Exceptions to Termination of Parental Rights
This issue is not addressed in the statutes reviewed.
Circumstances Allowing Reinstatement of Parental Rights.
Circumstances That Are Grounds for Termination of Parental Rights Rev. Stat. § 8-533
Grounds to terminate the parent-child relationship shall include any of the following, with due consideration for the best interests of the child:
• The parent has abandoned the child.
• The parent has neglected or willfully abused a child.
• The parent is unable to discharge parental responsibilities because of mental illness, mental deficiency, or a history of chronic abuse of dangerous drugs or alcohol, and there are reasonable grounds to believe that the condition will continue for a prolonged period.
• The parent has been convicted of a felony of such nature as to prove the unfitness of that parent, including murder or manslaughter of another child of the parent, or if the sentence of that parent is of such length that the child will be deprived of a normal home for a period of years.
• The potential father failed to file a paternity action within 30 days of completion of service of notice as prescribed
in § 8-106(G).
• The putative father failed to file a notice of claim of paternity.
• The parents have relinquished their rights to a child to an agency or have consented to the adoption.
• The identity of the parent is unknown and continues to be unknown following 3 months of diligent efforts to
identify and locate the parent.
• The parent has had parental rights to another child terminated within the preceding 2 years for the same cause and is currently unable to discharge parental responsibilities due to the same cause. The following may also be grounds for termination of parental rights: • The child is being cared for in an out-of-home placement, the agency responsible for the child’s care has made a diligent effort to provide appropriate reunification services, and one of the following circumstances exists:
» The child has been in an out-of-home placement for a cumulative total period of 9 months or longer, and the parent has substantially neglected or willfully refused to remedy the circumstances that cause the child to be in an out-of-home placement.
» The child who is under age 3 has been in an out-of-home placement for a cumulative total period of 6 months or longer, and the parent has substantially neglected or willfully refused to remedy the circumstances that cause the child to be in an out-of-home placement, including refusal to participate in reunification services offered by the department.
» The child has been in an out-of-home placement for a cumulative total period of 15 months, the parent has been unable to remedy the circumstances that cause the child to be in an out-of-home placement, and there is a substantial likelihood that the parent will not be capable of exercising proper and effective parental care and control in the near future.
• All of the following are true:
» The child was cared for in an out-of-home placement pursuant to court order.
» The agency responsible for the care of the child made diligent efforts to provide appropriate reunification
services.
» The child was returned to the legal custody of the parent from whom the child had been removed.
» Within 18 months after the child was returned, the child was removed from that parent’s legal custody, the child is being cared for in an out-of-home placement, and the parent is currently unable to discharge parental responsibilities.
The failure of an alleged parent who is not the child’s legal parent to take a test requested by the department or ordered by the court to determine if the person is the child’s natural parent is prima facie evidence of abandonment unless good cause is shown by the alleged parent for that failure.
Circumstances That Are Exceptions to Termination of Parental Rights
This issue is not addressed in the statutes reviewed.
Circumstances Allowing Reinstatement of Parental Rights.
Saturday, August 6, 2016
How to protect your child from sexual predators
Abuse can be inflicted by coaches, adult volunteers, staff members or teammates. Don’t be lulled into a false sense of security because a coach is nice. Individuals who sexually abuse children often know they need to create a sense of safety and trust with the people around them, so that concerns are dismissed.
9 warning signs
Commenting on athletes’ or employees’ bodies or appearance in a sexual manner.Giving gifts, money, trips or special favors.Playing body contact games, tickling, giving back rubs or wrestling.Videotaping or photographing athletes or employees in revealing or suggestive poses.Coaches who seem to prefer certain ages or genders of children and who tend to have a “special” relationship with one child.Making sexual jokes, sexual gestures and innuendoes or engaging in inappropriate, sexually oriented banter (e.g., discussion of dating behavior).Sharing sexual exploits or marital difficulties.Intentionally invading an athlete’s or employee’s privacy during nonworking hours or outside of regularly scheduled practice and competition.Excessive communication through email, text messaging, instant messaging or other social media.
What parents can do to help prevent abuse
Ask the sports club or program whether all coaches, volunteers and staff undergo criminal background checks before they are hired. Does the organization also check references, conduct personal interviews and require written applications?Ask whether the club has written policies. Those policies should clearly define coach misconduct, prohibit romantic or other nonprofessional relationships between coaches and athletes, define and prohibit emotional, verbal and physical abuse, bullying, hazing, initiation rituals, harassment and physical punishment by staff or athletes.Ask how the club monitors interactions between its staff and athletes. It should ensure that a coach is not left alone with a child.Ask what the process is for reporting inappropriate behaviors. There should be a formal written policy.Ask whether coaches, staff and volunteers undergo training in professional behavior and in identifying behaviors that they must stop if they observe them.Ask whether the club has an independent athlete welfare advocate or athlete protection officer to whom athletes know they can go in complete confidence to help them address concerns.Ask the coach about his or her coaching history. Does the individual have a child on the team? If not, how did he or she get involved? Does the individual coach other sports, genders or age groups? If you sense hesitancy in answering the questions or you think the coach is uncomfortable with your interest, you might want to pay more attention.As children get older, show up unexpectedly early on occasion and observe how practice is going. Be comfortable setting boundaries, such as limiting one-on-one time with your child.Talk to your children regarding all inappropriate or abusive behaviors and what they should do if they observe or are subjected to such behaviors.Does the club have a policy for traveling to competitions? Athletes should not travel alone with coaches, nor should they share a room or be alone in a room with a coach. There should be a detailed itinerary.
Report suspected abuse
If you have reason to believe a child is being abused or neglected, call local law enforcement or the child welfare agency. If you aren’t sure where to report, contact the National Child Abuse Hotline at (800) 422-4453.
http://www.indystar.com/story/news/investigations/2016/08/04/how-protect-your-child-sexual-predators/87906268/
9 warning signs
Commenting on athletes’ or employees’ bodies or appearance in a sexual manner.Giving gifts, money, trips or special favors.Playing body contact games, tickling, giving back rubs or wrestling.Videotaping or photographing athletes or employees in revealing or suggestive poses.Coaches who seem to prefer certain ages or genders of children and who tend to have a “special” relationship with one child.Making sexual jokes, sexual gestures and innuendoes or engaging in inappropriate, sexually oriented banter (e.g., discussion of dating behavior).Sharing sexual exploits or marital difficulties.Intentionally invading an athlete’s or employee’s privacy during nonworking hours or outside of regularly scheduled practice and competition.Excessive communication through email, text messaging, instant messaging or other social media.
What parents can do to help prevent abuse
Ask the sports club or program whether all coaches, volunteers and staff undergo criminal background checks before they are hired. Does the organization also check references, conduct personal interviews and require written applications?Ask whether the club has written policies. Those policies should clearly define coach misconduct, prohibit romantic or other nonprofessional relationships between coaches and athletes, define and prohibit emotional, verbal and physical abuse, bullying, hazing, initiation rituals, harassment and physical punishment by staff or athletes.Ask how the club monitors interactions between its staff and athletes. It should ensure that a coach is not left alone with a child.Ask what the process is for reporting inappropriate behaviors. There should be a formal written policy.Ask whether coaches, staff and volunteers undergo training in professional behavior and in identifying behaviors that they must stop if they observe them.Ask whether the club has an independent athlete welfare advocate or athlete protection officer to whom athletes know they can go in complete confidence to help them address concerns.Ask the coach about his or her coaching history. Does the individual have a child on the team? If not, how did he or she get involved? Does the individual coach other sports, genders or age groups? If you sense hesitancy in answering the questions or you think the coach is uncomfortable with your interest, you might want to pay more attention.As children get older, show up unexpectedly early on occasion and observe how practice is going. Be comfortable setting boundaries, such as limiting one-on-one time with your child.Talk to your children regarding all inappropriate or abusive behaviors and what they should do if they observe or are subjected to such behaviors.Does the club have a policy for traveling to competitions? Athletes should not travel alone with coaches, nor should they share a room or be alone in a room with a coach. There should be a detailed itinerary.
Report suspected abuse
If you have reason to believe a child is being abused or neglected, call local law enforcement or the child welfare agency. If you aren’t sure where to report, contact the National Child Abuse Hotline at (800) 422-4453.
http://www.indystar.com/story/news/investigations/2016/08/04/how-protect-your-child-sexual-predators/87906268/
Monday, August 1, 2016
900 complaints about child protection made to Local Government Ombudsman in last year
Family Law Week2016-07-29 07:07
68% of complaints upheld
The Local Government Ombudsman (LGO) has published its annual complaint statistics for local authorities for the 12 months to 31st March 2016. Overall there were 19,702 complaints and enquiries, and 4,464 detailed investigations of which 51% of complaints were upheld.
The review breaks down complaints according to individual service areas. For Education and Children's Services collectively complaints and enquiries were up by 13% to 3,438. 53% of those cases investigated were upheld.
In respect of children's services, in particular, the review comments on child protection, children's statutory complaints procedure and child sexual exploitation.
There were 903 registered complaints and enquiries concerning child protection. Where investigations were completed, 68% of cases resulted in complaints being upheld. This is considerably higher than the average for all complaints (51%).
Many complaints received were about or involved councils' application of the statutory children's social care complaints process. This is designed to ensure the rights and needs of the child are at the heart of the process and that young people's voices are heard. Once a complaint has been accepted via this procedure, complainants have a right to progress through each stage: local resolution; investigation; and independent review. LGO said that it regularly saw instances where councils fail to follow the process, or its guiding principles.
The LGO has received only a small number of complaints concerning child sexual exploitation. But, it has seen some instances where a council has taken a lack of consent from a young person to justify not investigating a complaint or for failing to take safeguarding action. This is of concern because young persons may not perceive themselves to be victims or vulnerable to potential exploitation and do not therefore recognise they may be in need of protection.
http://www.familylawweek.co.uk/site.aspx?i=ed162015
68% of complaints upheld
The Local Government Ombudsman (LGO) has published its annual complaint statistics for local authorities for the 12 months to 31st March 2016. Overall there were 19,702 complaints and enquiries, and 4,464 detailed investigations of which 51% of complaints were upheld.
The review breaks down complaints according to individual service areas. For Education and Children's Services collectively complaints and enquiries were up by 13% to 3,438. 53% of those cases investigated were upheld.
In respect of children's services, in particular, the review comments on child protection, children's statutory complaints procedure and child sexual exploitation.
There were 903 registered complaints and enquiries concerning child protection. Where investigations were completed, 68% of cases resulted in complaints being upheld. This is considerably higher than the average for all complaints (51%).
Many complaints received were about or involved councils' application of the statutory children's social care complaints process. This is designed to ensure the rights and needs of the child are at the heart of the process and that young people's voices are heard. Once a complaint has been accepted via this procedure, complainants have a right to progress through each stage: local resolution; investigation; and independent review. LGO said that it regularly saw instances where councils fail to follow the process, or its guiding principles.
The LGO has received only a small number of complaints concerning child sexual exploitation. But, it has seen some instances where a council has taken a lack of consent from a young person to justify not investigating a complaint or for failing to take safeguarding action. This is of concern because young persons may not perceive themselves to be victims or vulnerable to potential exploitation and do not therefore recognise they may be in need of protection.
http://www.familylawweek.co.uk/site.aspx?i=ed162015
Sunday, July 31, 2016
9 At-Home Methods To Detox Marijuana From The Body
Lifehack2016-07-31 10:26
While we here at Lifehack do not encourage marijuana usage, we understand that if you have indulged, you may want to cleanse yourself after the fact. The process of cleansing the body of drugs (like marijuana) is called detoxing. There are several reasons for doing this, but the outcome is the same and will lead to an overall healthier body. It can take anywhere from several days to several weeks to successfully detox, so plan accordingly if you have a deadline.
1. Alcohol
Consuming alcohol will speed up the detox process because it will encourage more fluid to leave the body. One or two beers or glasses of wine per day leading up to a drug test will be sufficient. The alcohol will likely show up in your test, so make sure that will be okay. This will get rid of the THC that is in the bloodstream and not the THC that has made its way into your fat cells.
2. Creatine
This product is available over the counter at many supplement stores, and it works to speed up the flushing process. It may also mask the fact that urine is diluted from drinking water in so much excess. The individual’s size depends on how much they will take in, but in many cases, people take about 100 mg per day for two to three days leading up to the deadline for a detox.
3. Vinegar
Vinegar is an acid, which helps to break down the digestive system and rid the body of toxins such as THC. Many people combine the vinegar with a smaller amount of cayenne pepper or lemon juice in order to mask the taste. A few servings of vinegar should be consumed in the days leading up to the deadline for the detox—but know that consuming vinegar like this will change the pH levels in the body, and can be harmful to the body when consumed in large amounts.
4. Drinking Water
Increasing your daily intake of water will accelerate your urination, and help to remove toxins in the body much quicker. To rid the body of marijuana, it is recommended to drink at least one gallon of pure water a day for seven days in portions of three cups through the day. Other liquids can work, but plain pure water works the best.
5. Aspirin
It is recommended to take two to four aspirin four to six hours before a drug test. The aspirin absorbs chemicals as they are exiting your body, allowing it to take in much of the metabolites prior to them getting into the urine sample. Larger doses can make you lightheaded, but it will sway the results of a drug test in the right direction so THC will not be detected.
6. Cranberry Juice
There are natural ingredients in cranberries that will naturally flush the body of toxins like sodium and excess water. It is a natural diuretic but is not the most effective when used as the only method for a detox. It is recommended to drink at minimum two large glasses of cranberry juice per day, two to three days leading up to the deadline for the detox, and it will not be detectable in a test.
7. Green Tea
One of the best herbal detoxifiers, green tea compounds are supportive of the liver when the body is detoxifying itself from chemical substances or for just regular elimination. Green tea is great for your overall health and detox process, but may not help with the actual time that it takes the body to detox from THC.
8. Sauna
Sweat out the marijuana leftovers along with other toxins in a sauna. Though this gets rid of them in a lesser extent than feces or urine does. Anything that makes you sweat, especially a sauna, will help you to achieve the detox.
9. Intensive Workout
THC is stored in fat cells, and it is believed that burning fat can rid the body of the THC that is stored in fat cells. Try rigorous aerobic exercise like speed walking or jogging, swimming laps, or cycling. This is one of the most effective ways to naturally detox the body, and it will also improve your overall health.
Set a Goal For Yourself
Get tailor-made posts to achieve goal for free every morning.
http://www.lifehack.org/432815/9-at-home-methods-to-detox-marijuana-from-the-body?ref=tp&n=1
While we here at Lifehack do not encourage marijuana usage, we understand that if you have indulged, you may want to cleanse yourself after the fact. The process of cleansing the body of drugs (like marijuana) is called detoxing. There are several reasons for doing this, but the outcome is the same and will lead to an overall healthier body. It can take anywhere from several days to several weeks to successfully detox, so plan accordingly if you have a deadline.
1. Alcohol
Consuming alcohol will speed up the detox process because it will encourage more fluid to leave the body. One or two beers or glasses of wine per day leading up to a drug test will be sufficient. The alcohol will likely show up in your test, so make sure that will be okay. This will get rid of the THC that is in the bloodstream and not the THC that has made its way into your fat cells.
2. Creatine
This product is available over the counter at many supplement stores, and it works to speed up the flushing process. It may also mask the fact that urine is diluted from drinking water in so much excess. The individual’s size depends on how much they will take in, but in many cases, people take about 100 mg per day for two to three days leading up to the deadline for a detox.
3. Vinegar
Vinegar is an acid, which helps to break down the digestive system and rid the body of toxins such as THC. Many people combine the vinegar with a smaller amount of cayenne pepper or lemon juice in order to mask the taste. A few servings of vinegar should be consumed in the days leading up to the deadline for the detox—but know that consuming vinegar like this will change the pH levels in the body, and can be harmful to the body when consumed in large amounts.
4. Drinking Water
Increasing your daily intake of water will accelerate your urination, and help to remove toxins in the body much quicker. To rid the body of marijuana, it is recommended to drink at least one gallon of pure water a day for seven days in portions of three cups through the day. Other liquids can work, but plain pure water works the best.
5. Aspirin
It is recommended to take two to four aspirin four to six hours before a drug test. The aspirin absorbs chemicals as they are exiting your body, allowing it to take in much of the metabolites prior to them getting into the urine sample. Larger doses can make you lightheaded, but it will sway the results of a drug test in the right direction so THC will not be detected.
6. Cranberry Juice
There are natural ingredients in cranberries that will naturally flush the body of toxins like sodium and excess water. It is a natural diuretic but is not the most effective when used as the only method for a detox. It is recommended to drink at minimum two large glasses of cranberry juice per day, two to three days leading up to the deadline for the detox, and it will not be detectable in a test.
7. Green Tea
One of the best herbal detoxifiers, green tea compounds are supportive of the liver when the body is detoxifying itself from chemical substances or for just regular elimination. Green tea is great for your overall health and detox process, but may not help with the actual time that it takes the body to detox from THC.
8. Sauna
Sweat out the marijuana leftovers along with other toxins in a sauna. Though this gets rid of them in a lesser extent than feces or urine does. Anything that makes you sweat, especially a sauna, will help you to achieve the detox.
9. Intensive Workout
THC is stored in fat cells, and it is believed that burning fat can rid the body of the THC that is stored in fat cells. Try rigorous aerobic exercise like speed walking or jogging, swimming laps, or cycling. This is one of the most effective ways to naturally detox the body, and it will also improve your overall health.
Set a Goal For Yourself
Get tailor-made posts to achieve goal for free every morning.
http://www.lifehack.org/432815/9-at-home-methods-to-detox-marijuana-from-the-body?ref=tp&n=1
Tuesday, July 26, 2016
Stop Baby Briana's Murderer From Being released from prison.
https://www.change.org/p/president-of-the-united-states-deny-parole-for-stephanie-lopez-nmcd-inmate-59941?recruiter=26226040&utm_source=petitions_show_components_action_panel_wrapper&utm_medium=copylink
Wednesday, July 20, 2016
Proposed Changes To CPS
BY AMANDA WEBER/NEWS 4 SAN ANTONIOTUESDAY, JULY 12TH 2016
ENU

82
Special RNC Coverage Live From Cleveland
Live Analysis @ 7:00pm
Proposed changes to Child Protective Services
BY AMANDA WEBER/NEWS 4 SAN ANTONIOTUESDAY, JULY 12TH 2016

Proposed changes to Child Protective Services
4 shares
tweet now!
Commissioner Hank Whitman has been on the job with the Department of Family and Protective Services for just two months. Tuesday he laid out a ten point plan he says will change the future of the Texas Child Welfare System.
The Children's Shelter of San Antonio provided foster home care last year for 291 children ranging in age from infant to 18 years.
"90 percent of children taken out of the homes is provided care by places like children's shelter," said President and CEO of The Children's Shelter, Annette Rodriguez.
Annette Rodriguez, President and CEO of The Children's Shelter says a ten point plan laid out by Department of Family and Protective Services Commissioner Hank Whitman directly affects their organization. In the plan, Whitman mentions emphasizing care for high needs children. Children who have suffered trauma and mental illness.
"The Children's Shelter offers therapeutic care, a residential treatment center for children who need more structure in a therapeutic environment to help them heal," said Rodriguez.
Senator Jose Menendez says the work load placed on CPS case workers is the issue that needs to be tackled first, he says some case workers have as many as 70 to 85 cases a month when the recommended case load is closer to 12.
"How do they see 70 to 85 cases a month and have a good knowledge of what is going on? That is where the focus needs to be," said Senator Jose Menendez
He adds experienced employees who can help new employees acclimate to a high stress, demanding job would also result in a stronger organization.
"If we could stabilize the agency, somehow and say, turn over has slowed to a normal rate, we are bringing more people on board, and now we are having some experienced case workers being able to help the young ones or the new ones," said Menedez
Rodriguez says the plan is realistic, she is optimistic for the future of so many children in need.
"I do think they are reasonable goals and again, I think he is looking at some of the most critical elements that are facing him today, I don't think they are the only things, there are probably other things that need to be looked at as well," said Rodriguez.
http://gov.texas.gov/news/press-release/22496
http://news4sanantonio.com/news/local/proposed-changes-to-child-protective-services
ENU

82
Special RNC Coverage Live From Cleveland
Live Analysis @ 7:00pm
Proposed changes to Child Protective Services
BY AMANDA WEBER/NEWS 4 SAN ANTONIOTUESDAY, JULY 12TH 2016

Proposed changes to Child Protective Services
4 shares
tweet now!
Commissioner Hank Whitman has been on the job with the Department of Family and Protective Services for just two months. Tuesday he laid out a ten point plan he says will change the future of the Texas Child Welfare System.
The Children's Shelter of San Antonio provided foster home care last year for 291 children ranging in age from infant to 18 years.
"90 percent of children taken out of the homes is provided care by places like children's shelter," said President and CEO of The Children's Shelter, Annette Rodriguez.
Annette Rodriguez, President and CEO of The Children's Shelter says a ten point plan laid out by Department of Family and Protective Services Commissioner Hank Whitman directly affects their organization. In the plan, Whitman mentions emphasizing care for high needs children. Children who have suffered trauma and mental illness.
"The Children's Shelter offers therapeutic care, a residential treatment center for children who need more structure in a therapeutic environment to help them heal," said Rodriguez.
Senator Jose Menendez says the work load placed on CPS case workers is the issue that needs to be tackled first, he says some case workers have as many as 70 to 85 cases a month when the recommended case load is closer to 12.
"How do they see 70 to 85 cases a month and have a good knowledge of what is going on? That is where the focus needs to be," said Senator Jose Menendez
He adds experienced employees who can help new employees acclimate to a high stress, demanding job would also result in a stronger organization.
"If we could stabilize the agency, somehow and say, turn over has slowed to a normal rate, we are bringing more people on board, and now we are having some experienced case workers being able to help the young ones or the new ones," said Menedez
Rodriguez says the plan is realistic, she is optimistic for the future of so many children in need.
"I do think they are reasonable goals and again, I think he is looking at some of the most critical elements that are facing him today, I don't think they are the only things, there are probably other things that need to be looked at as well," said Rodriguez.
http://gov.texas.gov/news/press-release/22496
http://news4sanantonio.com/news/local/proposed-changes-to-child-protective-services
CPS reform must start with boosting pay
Express-News Editorial Board
|on July 19, 2016
Recently, Henry “Hank” Whitman, the new head ofTexas Department of Family and Protective Services, outlined a 10-point plan to improve Child Protective Services.
The plan was explained in a letter to Gov. Greg Abbott, and it has many merits, particularly its focus on supporting front-line workers and holding agency leadership accountable. A retired chief of the Texas Rangers, Whitman’s law enforcement background is an intriguing match with an agency that primarily provides social work. But to truly improve CPS, Whitman and Abbott need to advocate for significantly better pay for agency workers. It starts there, and without a dramatic improvement in pay, other reforms will have little or no impact.
Why focus on pay first? Because CPS has an extremely high turnover rate, and that high turnover rate leads to extremely high caseloads for existing workers. High caseloads endanger kids. If the state of Texas wants to reduce turnover at CPS, and in turn, reduce caseloads, it will need to dramatically raise salaries for investigators and caseworkers.
In public comments, Whitman has been supportive of improving pay for CPS workers down in the trenches, but he has yet to offer specifics. In an interview with the Texas Tribune, he acknowledged the stress and dangers CPS workers face on a daily basis, and how their pay pales in comparison to those of police officers and teachers.
“Would you take a job on that’s as important as this, wake up in the morning, visit how many homes?” he said to the Tribune. “You have a family you have to take care of, you’ve got to make sure you do the right thing and make the right decisions out there — for a pay that’s less than a schoolteacher’s pay, less than a police officer’s pay.”
This is a point F. Scott McCown, a law professor and director of the Children’s Rights Clinic at the University of Texas at Austin, made in recent testimony to Texas lawmakers, noting the free market is telling lawmakers to boost pay.
He’s right. Beyond having a passion to ensure vulnerable kids are safe, why would anyone take a job at CPS? That person could make more money, with less stress and danger, as a teacher working nine months out of the year. That likely means raising the starting salary for a caseworker to the ballpark area of $50,000.
Doing this right will cost hundreds of millions of dollars. But not doing it right has costs, too. If lawmakers go cheap on agency pay raises, they will be throwing good money away because there won’t be enough incentive for workers to stay. It’s worth noting that it costs taxpayers $54,000 each time a caseworker leaves the agency, according to recent a review of the agency.
The problems facing CPS are daunting. We have a foster care system so broken it often damages the kids it’s supposed to serve and protect. Funding for preventing abuse is negligible, and notably, prevention was the last point in Whitman’s 10-point plan. That seems like it should be at or near the top of the list.
No one expects Child Protective Services to be fixed right away. Fighting for better pay as a way to reduce turnover and caseloads would create a foundation for future success.
MySanAntonio.com
|on July 19, 2016
Recently, Henry “Hank” Whitman, the new head ofTexas Department of Family and Protective Services, outlined a 10-point plan to improve Child Protective Services.
The plan was explained in a letter to Gov. Greg Abbott, and it has many merits, particularly its focus on supporting front-line workers and holding agency leadership accountable. A retired chief of the Texas Rangers, Whitman’s law enforcement background is an intriguing match with an agency that primarily provides social work. But to truly improve CPS, Whitman and Abbott need to advocate for significantly better pay for agency workers. It starts there, and without a dramatic improvement in pay, other reforms will have little or no impact.
Why focus on pay first? Because CPS has an extremely high turnover rate, and that high turnover rate leads to extremely high caseloads for existing workers. High caseloads endanger kids. If the state of Texas wants to reduce turnover at CPS, and in turn, reduce caseloads, it will need to dramatically raise salaries for investigators and caseworkers.
In public comments, Whitman has been supportive of improving pay for CPS workers down in the trenches, but he has yet to offer specifics. In an interview with the Texas Tribune, he acknowledged the stress and dangers CPS workers face on a daily basis, and how their pay pales in comparison to those of police officers and teachers.
“Would you take a job on that’s as important as this, wake up in the morning, visit how many homes?” he said to the Tribune. “You have a family you have to take care of, you’ve got to make sure you do the right thing and make the right decisions out there — for a pay that’s less than a schoolteacher’s pay, less than a police officer’s pay.”
This is a point F. Scott McCown, a law professor and director of the Children’s Rights Clinic at the University of Texas at Austin, made in recent testimony to Texas lawmakers, noting the free market is telling lawmakers to boost pay.
He’s right. Beyond having a passion to ensure vulnerable kids are safe, why would anyone take a job at CPS? That person could make more money, with less stress and danger, as a teacher working nine months out of the year. That likely means raising the starting salary for a caseworker to the ballpark area of $50,000.
Doing this right will cost hundreds of millions of dollars. But not doing it right has costs, too. If lawmakers go cheap on agency pay raises, they will be throwing good money away because there won’t be enough incentive for workers to stay. It’s worth noting that it costs taxpayers $54,000 each time a caseworker leaves the agency, according to recent a review of the agency.
The problems facing CPS are daunting. We have a foster care system so broken it often damages the kids it’s supposed to serve and protect. Funding for preventing abuse is negligible, and notably, prevention was the last point in Whitman’s 10-point plan. That seems like it should be at or near the top of the list.
No one expects Child Protective Services to be fixed right away. Fighting for better pay as a way to reduce turnover and caseloads would create a foundation for future success.
MySanAntonio.com
Tuesday, July 19, 2016
Saturday, July 16, 2016
13-3401 Definitions
-3401. Definitions
In this chapter, unless the context otherwise requires:
1. "Administer" means to apply, inject or facilitate the inhalation or ingestion of a substance to the body of a person.
2. "Amidone" means any substance identified chemically as (4‑4‑diphenyl‑6‑dimethylamine‑heptanone‑3), or any salt of such substance, by whatever trade name designated.
3. "Board" means the Arizona state board of pharmacy.
4. "Cannabis" means the following substances under whatever names they may be designated:
(a) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
(b) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
5. "Coca leaves" means cocaine, its optical isomers and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine or substances from which cocaine or ecgonine may be synthesized or made.
6. "Dangerous drug" means the following by whatever official, common, usual, chemical or trade name designated:
(a) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i) Alpha-ethyltryptamine.
(ii) Alpha-methyltryptamine.
(iii) (2-aminopropyl) benzofuran (APB).
(iv) (2-aminopropyl)-2, 3-dihydrobenzofuran (APDB).
(v) Aminorex.
(vi) 4-bromo-2, 5-dimethoxyphenethylamine.
(vii) 4‑bromo‑2, 5‑dimethoxyamphetamine.
(viii) Bufotenine.
(ix) [3-(3-carbamoylphenyl)phenyl]N-cyclohexyl carbamate (URB-597).
(x) Diethyltryptamine.
(xi) 2, 5‑dimethoxyamphetamine.
(xii) Dimethyltryptamine.
(xiii) 5-methoxy-alpha-methyltryptamine.
(xiv) 5‑methoxy‑3, 4‑methylenedioxyamphetamine.
(xv) 4‑methyl‑2, 5‑dimethoxyamphetamine.
(xvi) Ibogaine.
(xvii) Lysergic acid amide.
(xviii) Lysergic acid diethylamide.
(xix) Mescaline.
(xx) 4-methoxyamphetamine.
(xxi) Methoxymethylenedioxyamphetamine (MMDA).
(xxii) Methylenedioxyamphetamine (MDA).
(xxiii) 3, 4‑methylenedioxymethamphetamine.
(xxiv) 3, 4‑methylenedioxy‑N‑ethylamphetamine.
(xxv) N‑ethyl‑3‑piperidyl benzilate (JB‑318).
(xxvi) N‑hydroxy‑3, 4‑methylenedioxyamphetamine.
(xxvii) N‑methyl‑3‑piperidyl benzilate (JB‑336).
(xxviii) N-methyltryptamine mimetic substances that are any substances derived from N-methyltryptamine by any substitution at the nitrogen, any substitution at the indole ring, any substitution at the alpha carbon, any substitution at the beta carbon or any combination of the above. N‑methyltryptamine mimetic substances do not include melatonin (5-methoxy-n-acetyltryptamine). Substances in the N-methyltryptamine generic definition include AcO-DMT, Baeocystine, Bromo-DALT, DiPT, DMT, DPT, HO-DET, HO-DiPT, HO-DMT, HO-DPT, HO-MET, MeO-DALT, MeO-DET, MeO-DiPT, MeO-DMT, MeO-DPT, MeO‑NMT, MET, NMT and Norbufotenin.
(xxix) N‑(1‑phenylcyclohexyl) ethylamine (PCE).
(xxx) Nabilone.
(xxxi) 1‑(1‑phenylcyclohexyl) pyrrolidine (PHP).
(xxxii) 1‑(1‑(2‑thienyl)‑cyclohexyl) piperidine (TCP).
(xxxiii) 1‑(1‑(2‑thienyl)‑cyclohexyl) pyrrolidine.
(xxxiv) Para‑methoxyamphetamine (PMA).
(xxxv) Psilacetin.
(xxxvi) Psilocybin.
(xxxvii) Psilocyn.
(xxxviii) Synhexyl.
(xxxix) Trifluoromethylphenylpiperazine (TFMPP).
(xl) Trimethoxyamphetamine (TMA).
(xli) 1-pentyl-3-(naphthoyl)indole (JWH-018 and isomers).
(xlii) 1-butyl-3-(naphthoyl)indole (JWH-073 and isomers).
(xliii) 1-hexyl-3-(naphthoyl)indole (JWH-019 and isomers).
(xliv) 1-pentyl-3-(4-chloro naphthoyl)indole (JWH-398 and isomers).
(xlv) 1-(2-(4-(morpholinyl)ethyl))-3-(naphthoyl)indole (JWH-200 and isomers).
(xlvi) 1-pentyl-3-(methoxyphenylacetyl)indole (JWH-250 and isomers).
(xlvii) (2-methyl-1-propyl-1H-indol-3-YL)-1-naphthalenyl-methanone (JWH‑015 and isomers).
(xlviii) (6AR, 10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan2-YL)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol) (HU-210).
(xlix) 5-(1,1-dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol
(CP 47,497 and isomers).
(l) 5-(1,1-dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol
(cannabicyclohexanol, CP-47,497 C8 homologue and isomers).
(b) Any material, compound, mixture or preparation that contains any quantity of cannabimimetic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation. For the purposes of this subdivision, "cannabimimetic substances" means any substances within the following structural classes:
(i) 2‑(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent. Substances in the 2‑(3‑hydroxycyclohexyl)phenol generic definition include CP‑47,497, CP‑47,497 C8-Homolog, CP‑55,940 and CP‑56,667.
(ii) 3-(naphthoyl)indole or 3-(naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent. Substances in the 3-(naphthoyl)indole generic definition include AM-678, AM-2201, JWH-004, JWH-007, JWH-009, JWH‑015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-046, JWH-047, JWH-048, JWH‑049, JWH-050, JWH-070, JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH‑080, JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH‑122, JWH-148, JWH-149, JWH-175, JWH-180, JWH-181, JWH-182, JWH-184, JWH‑185, JWH-189, JWH-192, JWH-193, JWH-194, JWH-195, JWH-196, JWH-197, JWH‑199, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234, JWH-235, JWH‑236, JWH-239, JWH-240, JWH-241, JWH-242, JWH-262, JWH-386, JWH-387, JWH‑394, JWH-395, JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH‑414 and JWH-415.
(iii) 3-(naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. Substances in the 3-(naphthoyl)pyrrole generic definition include JWH-030, JWH-145, JWH-146, JWH-147, JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH‑246, JWH-292, JWH-293, JWH-307, JWH-308, JWH-346, JWH-348, JWH-363, JWH‑364, JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373 and JWH-392.
(iv) 1-(naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent. Substances in the 1-(naphthylmethylene)indene generic definition include JWH‑176.
(v) 3-(phenylacetyl)indole or 3-(benzoyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. Substances in the 3-(phenylacetyl)indole generic definition include AM-694, AM‑2233, JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH‑205, JWH‑206, JWH‑207, JWH-208, JWH-209, JWH-237, JWH-248, JWH-250, JWH‑251, JWH‑253, JWH‑302, JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH‑312, JWH‑313, JWH‑314, JWH-315, JWH-316, RCS-4, RCS‑8, SR‑18 and SR‑19.
(vi) 3‑(cyclopropylmethanone) indole or 3-(cyclobutylmethanone) indole or 3‑(cyclopentylmethanone) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent. Substances in the 3‑(cyclopropylmethanone) indole generic definition include UR‑144, fluoro‑UR‑144 and XLR‑11.
(vii) 3‑adamantoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent. Substances in the 3-adamantoylindole generic definition include AB‑001.
(viii) N-(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent. Substances in the N-(adamantyl)-indole-3-carboxamide generic definition include SDB-001.
(ix) Indazole-3-carboxamide with substitution at a nitrogen atom of the indazole ring, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the nitrogen of the carboxamide to any extent. Substances in the indazole‑3‑carboxamide generic definition include AKB-48, fluoro‑AKB-48, APINACA, AB‑PINACA and AB‑FUBINACA.
(x) 8-quinolinyl-indole-3-carboxylate by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the quinoline ring to any extent. Substances in the 8-quinolinyl-indole-3-carboxylate generic definition include PB-22 and fluoro-PB-22.
(c) Any material, compound, mixture or preparation that contains any quantity of the following substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers having a potential for abuse associated with a stimulant effect on the central nervous system:
(i) Alpha-pyrrolidinobutiophenone (Alpha-PBP).
(ii) Alpha-pyrrolidinopropiophenone (Alpha-PPP).
(iii) Alpha-pyrrolidinovalerophenone (Alpha-PVP).
(iv) Alpha-pyrrolidinovalerothiophenone (Alpha-PVT).
(v) Aminoindane mimetic substances that are derived from aminoindane by any substitution at the indane ring, replacement of the amino group with another N group or any combination of the above. Substances in the amino
http://www.azleg.state.az.us/ar
In this chapter, unless the context otherwise requires:
1. "Administer" means to apply, inject or facilitate the inhalation or ingestion of a substance to the body of a person.
2. "Amidone" means any substance identified chemically as (4‑4‑diphenyl‑6‑dimethylamine‑heptanone‑3), or any salt of such substance, by whatever trade name designated.
3. "Board" means the Arizona state board of pharmacy.
4. "Cannabis" means the following substances under whatever names they may be designated:
(a) The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin. Cannabis does not include oil or cake made from the seeds of such plant, any fiber, compound, manufacture, salt, derivative, mixture or preparation of the mature stalks of such plant except the resin extracted from the stalks or any fiber, oil or cake or the sterilized seed of such plant which is incapable of germination.
(b) Every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol.
5. "Coca leaves" means cocaine, its optical isomers and any compound, manufacture, salt, derivative, mixture or preparation of coca leaves, except derivatives of coca leaves which do not contain cocaine, ecgonine or substances from which cocaine or ecgonine may be synthesized or made.
6. "Dangerous drug" means the following by whatever official, common, usual, chemical or trade name designated:
(a) Any material, compound, mixture or preparation that contains any quantity of the following hallucinogenic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation:
(i) Alpha-ethyltryptamine.
(ii) Alpha-methyltryptamine.
(iii) (2-aminopropyl) benzofuran (APB).
(iv) (2-aminopropyl)-2, 3-dihydrobenzofuran (APDB).
(v) Aminorex.
(vi) 4-bromo-2, 5-dimethoxyphenethylamine.
(vii) 4‑bromo‑2, 5‑dimethoxyamphetamine.
(viii) Bufotenine.
(ix) [3-(3-carbamoylphenyl)phenyl]N-cyclohexyl carbamate (URB-597).
(x) Diethyltryptamine.
(xi) 2, 5‑dimethoxyamphetamine.
(xii) Dimethyltryptamine.
(xiii) 5-methoxy-alpha-methyltryptamine.
(xiv) 5‑methoxy‑3, 4‑methylenedioxyamphetamine.
(xv) 4‑methyl‑2, 5‑dimethoxyamphetamine.
(xvi) Ibogaine.
(xvii) Lysergic acid amide.
(xviii) Lysergic acid diethylamide.
(xix) Mescaline.
(xx) 4-methoxyamphetamine.
(xxi) Methoxymethylenedioxyamphetamine (MMDA).
(xxii) Methylenedioxyamphetamine (MDA).
(xxiii) 3, 4‑methylenedioxymethamphetamine.
(xxiv) 3, 4‑methylenedioxy‑N‑ethylamphetamine.
(xxv) N‑ethyl‑3‑piperidyl benzilate (JB‑318).
(xxvi) N‑hydroxy‑3, 4‑methylenedioxyamphetamine.
(xxvii) N‑methyl‑3‑piperidyl benzilate (JB‑336).
(xxviii) N-methyltryptamine mimetic substances that are any substances derived from N-methyltryptamine by any substitution at the nitrogen, any substitution at the indole ring, any substitution at the alpha carbon, any substitution at the beta carbon or any combination of the above. N‑methyltryptamine mimetic substances do not include melatonin (5-methoxy-n-acetyltryptamine). Substances in the N-methyltryptamine generic definition include AcO-DMT, Baeocystine, Bromo-DALT, DiPT, DMT, DPT, HO-DET, HO-DiPT, HO-DMT, HO-DPT, HO-MET, MeO-DALT, MeO-DET, MeO-DiPT, MeO-DMT, MeO-DPT, MeO‑NMT, MET, NMT and Norbufotenin.
(xxix) N‑(1‑phenylcyclohexyl) ethylamine (PCE).
(xxx) Nabilone.
(xxxi) 1‑(1‑phenylcyclohexyl) pyrrolidine (PHP).
(xxxii) 1‑(1‑(2‑thienyl)‑cyclohexyl) piperidine (TCP).
(xxxiii) 1‑(1‑(2‑thienyl)‑cyclohexyl) pyrrolidine.
(xxxiv) Para‑methoxyamphetamine (PMA).
(xxxv) Psilacetin.
(xxxvi) Psilocybin.
(xxxvii) Psilocyn.
(xxxviii) Synhexyl.
(xxxix) Trifluoromethylphenylpiperazine (TFMPP).
(xl) Trimethoxyamphetamine (TMA).
(xli) 1-pentyl-3-(naphthoyl)indole (JWH-018 and isomers).
(xlii) 1-butyl-3-(naphthoyl)indole (JWH-073 and isomers).
(xliii) 1-hexyl-3-(naphthoyl)indole (JWH-019 and isomers).
(xliv) 1-pentyl-3-(4-chloro naphthoyl)indole (JWH-398 and isomers).
(xlv) 1-(2-(4-(morpholinyl)ethyl))-3-(naphthoyl)indole (JWH-200 and isomers).
(xlvi) 1-pentyl-3-(methoxyphenylacetyl)indole (JWH-250 and isomers).
(xlvii) (2-methyl-1-propyl-1H-indol-3-YL)-1-naphthalenyl-methanone (JWH‑015 and isomers).
(xlviii) (6AR, 10AR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan2-YL)-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol) (HU-210).
(xlix) 5-(1,1-dimethylheptyl)-2-(3-hydroxycyclohexyl)-phenol
(CP 47,497 and isomers).
(l) 5-(1,1-dimethyloctyl)-2-(3-hydroxycyclohexyl)-phenol
(cannabicyclohexanol, CP-47,497 C8 homologue and isomers).
(b) Any material, compound, mixture or preparation that contains any quantity of cannabimimetic substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers, unless specifically excepted, whenever the existence of such salts, isomers and salts of isomers is possible within the specific chemical designation. For the purposes of this subdivision, "cannabimimetic substances" means any substances within the following structural classes:
(i) 2‑(3-hydroxycyclohexyl)phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent. Substances in the 2‑(3‑hydroxycyclohexyl)phenol generic definition include CP‑47,497, CP‑47,497 C8-Homolog, CP‑55,940 and CP‑56,667.
(ii) 3-(naphthoyl)indole or 3-(naphthylmethane)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent. Substances in the 3-(naphthoyl)indole generic definition include AM-678, AM-2201, JWH-004, JWH-007, JWH-009, JWH‑015, JWH-016, JWH-018, JWH-019, JWH-020, JWH-046, JWH-047, JWH-048, JWH‑049, JWH-050, JWH-070, JWH-071, JWH-072, JWH-073, JWH-076, JWH-079, JWH‑080, JWH-081, JWH-082, JWH-094, JWH-096, JWH-098, JWH-116, JWH-120, JWH‑122, JWH-148, JWH-149, JWH-175, JWH-180, JWH-181, JWH-182, JWH-184, JWH‑185, JWH-189, JWH-192, JWH-193, JWH-194, JWH-195, JWH-196, JWH-197, JWH‑199, JWH-200, JWH-210, JWH-211, JWH-212, JWH-213, JWH-234, JWH-235, JWH‑236, JWH-239, JWH-240, JWH-241, JWH-242, JWH-262, JWH-386, JWH-387, JWH‑394, JWH-395, JWH-397, JWH-398, JWH-399, JWH-400, JWH-412, JWH-413, JWH‑414 and JWH-415.
(iii) 3-(naphthoyl)pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent. Substances in the 3-(naphthoyl)pyrrole generic definition include JWH-030, JWH-145, JWH-146, JWH-147, JWH-150, JWH-156, JWH-243, JWH-244, JWH-245, JWH‑246, JWH-292, JWH-293, JWH-307, JWH-308, JWH-346, JWH-348, JWH-363, JWH‑364, JWH-365, JWH-367, JWH-368, JWH-369, JWH-370, JWH-371, JWH-373 and JWH-392.
(iv) 1-(naphthylmethylene)indene by substitution of the 3-position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent. Substances in the 1-(naphthylmethylene)indene generic definition include JWH‑176.
(v) 3-(phenylacetyl)indole or 3-(benzoyl)indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. Substances in the 3-(phenylacetyl)indole generic definition include AM-694, AM‑2233, JWH-167, JWH-201, JWH-202, JWH-203, JWH-204, JWH‑205, JWH‑206, JWH‑207, JWH-208, JWH-209, JWH-237, JWH-248, JWH-250, JWH‑251, JWH‑253, JWH‑302, JWH-303, JWH-304, JWH-305, JWH-306, JWH-311, JWH‑312, JWH‑313, JWH‑314, JWH-315, JWH-316, RCS-4, RCS‑8, SR‑18 and SR‑19.
(vi) 3‑(cyclopropylmethanone) indole or 3-(cyclobutylmethanone) indole or 3‑(cyclopentylmethanone) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the cyclopropyl, cyclobutyl or cyclopentyl rings to any extent. Substances in the 3‑(cyclopropylmethanone) indole generic definition include UR‑144, fluoro‑UR‑144 and XLR‑11.
(vii) 3‑adamantoylindole with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent. Substances in the 3-adamantoylindole generic definition include AB‑001.
(viii) N-(adamantyl)-indole-3-carboxamide with substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the adamantyl ring to any extent. Substances in the N-(adamantyl)-indole-3-carboxamide generic definition include SDB-001.
(ix) Indazole-3-carboxamide with substitution at a nitrogen atom of the indazole ring, whether or not further substituted on the indazole ring to any extent, whether or not substituted on the nitrogen of the carboxamide to any extent. Substances in the indazole‑3‑carboxamide generic definition include AKB-48, fluoro‑AKB-48, APINACA, AB‑PINACA and AB‑FUBINACA.
(x) 8-quinolinyl-indole-3-carboxylate by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the quinoline ring to any extent. Substances in the 8-quinolinyl-indole-3-carboxylate generic definition include PB-22 and fluoro-PB-22.
(c) Any material, compound, mixture or preparation that contains any quantity of the following substances and their salts, isomers, whether optical, positional or geometric, and salts of isomers having a potential for abuse associated with a stimulant effect on the central nervous system:
(i) Alpha-pyrrolidinobutiophenone (Alpha-PBP).
(ii) Alpha-pyrrolidinopropiophenone (Alpha-PPP).
(iii) Alpha-pyrrolidinovalerophenone (Alpha-PVP).
(iv) Alpha-pyrrolidinovalerothiophenone (Alpha-PVT).
(v) Aminoindane mimetic substances that are derived from aminoindane by any substitution at the indane ring, replacement of the amino group with another N group or any combination of the above. Substances in the amino
http://www.azleg.state.az.us/ar
Can I use medical marijuana and own a gun?
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ARIZONA
Arizona marijuana laws: 12 things you need to know
Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore

AP
Marijuana growing in the home of two medical marijuana patients in Medford, Ore.
There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.
IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?
The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.
However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.
CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?
A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.
It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.
"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.
"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."
CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?
Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.
CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?
No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."
Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.

AZCENTRAL
After felony charge, ASU student appeals medical-marijuana ban on campus
CAN I USE MEDICAL MARIJUANA AND OWN A GUN?
“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.
Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.
Login
ARIZONA
Arizona marijuana laws: 12 things you need to know
Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore

AP
Marijuana growing in the home of two medical marijuana patients in Medford, Ore.
There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.
IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?
The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.
However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.
CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?
A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.
It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.
"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.
"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."
CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?
Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.
CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?
No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."
Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.

AZCENTRAL
After felony charge, ASU student appeals medical-marijuana ban on campus
CAN I USE MEDICAL MARIJUANA AND OWN A GUN?
“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.
Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.
Login
ARIZONA
Arizona marijuana laws: 12 things you need to know
Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore

AP
Marijuana growing in the home of two medical marijuana patients in Medford, Ore.
There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.
IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?
The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.
However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.
CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?
A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.
It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.
"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.
"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."
CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?
Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.
CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?
No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."
Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.

AZCENTRAL
After felony charge, ASU student appeals medical-marijuana ban on campus
CAN I USE MEDICAL MARIJUANA AND OWN A GUN?
“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.
Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.
http://www.azcentral.com/story/news/local/arizona/2015/12/14/arizona-marijuana-laws-facts-myths/75481296/
ARIZONA
Arizona marijuana laws: 12 things you need to know
Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore

AP
Marijuana growing in the home of two medical marijuana patients in Medford, Ore.
There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.
IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?
The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.
However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.
CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?
A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.
It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.
"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.
"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."
CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?
Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.
CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?
No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."
Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.

AZCENTRAL
After felony charge, ASU student appeals medical-marijuana ban on campus
CAN I USE MEDICAL MARIJUANA AND OWN A GUN?
“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.
Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.
Login
ARIZONA
Arizona marijuana laws: 12 things you need to know
Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore

AP
Marijuana growing in the home of two medical marijuana patients in Medford, Ore.
There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.
IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?
The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.
However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.
CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?
A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.
It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.
"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.
"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."
CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?
Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.
CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?
No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."
Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.

AZCENTRAL
After felony charge, ASU student appeals medical-marijuana ban on campus
CAN I USE MEDICAL MARIJUANA AND OWN A GUN?
“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.
Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.
Login
ARIZONA
Arizona marijuana laws: 12 things you need to know
Kaila White, The Republic | azcentral.com1 day agoFacebookTwitterGoogle Plusmore

AP
Marijuana growing in the home of two medical marijuana patients in Medford, Ore.
There are many myths about use and possession of marijuana and medical marijuana in Arizona, especially since the Arizona Medical Marijuana Act passed in 2010. Here's what you need to know about what is and isn't allowed, and the legal consequences.
IS THE SMELL OF MARIJUANA ENOUGH FOR POLICE TO SEARCH ME OR MY PROPERTY?
The Arizona Supreme Court ruled in July that police can still use the odor of marijuana as probable cause to search a car or a premises, despite medical-marijuana laws.
However, a search can lose its legal foundation if authorities have indications the suspected marijuana use or possession is legal under the medical marijuana law.
CAN I BE FIRED FOR USING OR POSSESSING MEDICAL MARIJUANA LEGALLY?
A patient can be fired if he or she is in possession or under the influence of marijuana at the workplace.
It is illegal for an employer to take adverse action against an employee because of cardholder status or a positive test for the presence of marijuana, unless the employer would lose federal funding or licensing for not taking action. It does happen but often never makes it to court, according to marijuana lawyer Thomas Dean.
"It is usually fairly clear when an employer takes adverse action because it is in response to a positive test or, in the case of refusals-to-hire, often the person is told that they are hired and all that remains is to get the results of the drug test back. Then, as soon as the results are in, the employer reverses its decision," Dean said.
"As a practical matter, however, these lawsuits can take time and be costly. Many attorneys are hesitant to take on a case that will be expensive to litigate if the damages are not substantial. That's why most people end up not filing suit. They may, however, choose to seek unemployment insurance benefits."
CAN I GET A DUI AFTER USING MEDICAL MARIJUANA?
Yes. The Arizona Court of Appeals ruled in 2014 that thestate's medical-marijuana law doesn't give drivers immunityfrom prosecution if they test positive for marijuana or its chemical compound.
CAN I USE OR POSSESS MEDICAL MARIJUANA ON A COLLEGE CAMPUS?
No. Arizona is the only state in the U.S. where medical marijuana is legal while being illegal on college campuses, due to a 2012 revision of the Arizona Medical Marijuana Act known as the "campus-ban statute."
Cardholders also can’t have it on a school bus, on the grounds of a preschool, primary school or high school, or in a correctional facility, and can’t smoke it on public transportation or in a public place.

AZCENTRAL
After felony charge, ASU student appeals medical-marijuana ban on campus
CAN I USE MEDICAL MARIJUANA AND OWN A GUN?
“Medical-marijuana users in Arizona are sort of in the same position in regard to guns as they are to marijuana,” attorney Logan Elia said.
Under federal law, anyone who uses marijuana is prohibited from possessing firearms or ammunition due to the federal Gun Control Act of 1968.
http://www.azcentral.com/story/news/local/arizona/2015/12/14/arizona-marijuana-laws-facts-myths/75481296/
Arizona Medical Marijuana
IN THIS CHAPTER, UNLESS THE CONTEXT OTHERWISE REQUIRES:
1. “ALLOWABLE AMOUNT OF MARIJUANA”
(a) WITH RESPECT TO A QUALIFYING PATIENT, THE “ALLOWABLE AMOUNT OF MARIJUANA” MEANS:
(i) TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA; AND
(ii) IF THE QUALIFYING PATIENT’S REGISTRY IDENTIFICATION CARD STATES THAT THE QUALIFYING PATIENT IS AUTHORIZED TO CULTIVATE MARIJUANA, TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY EXCEPT THAT THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED, LOCKED FACILITY IF THE PLANTS ARE BEING TRANSPORTED BECAUSE THE QUALIFYING PATIENT IS MOVING.
(b) WITH RESPECT TO A DESIGNATED CAREGIVER, THE “ALLOWABLE AMOUNT OF MARIJUANA” FOR EACH PATIENT ASSISTED BY THE?DESIGNATED CAREGIVER UNDER THIS CHAPTER MEANS:
(i) TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA; AND
(ii) IF THE DESIGNATED CAREGIVER’S REGISTRY IDENTIFICATION CARD PROVIDES THAT THE DESIGNATED CAREGIVER IS AUTHORIZED?TO CULTIVATE MARIJUANA, TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY EXCEPT THAT THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED, LOCKED FACILITY IF THE PLANTS ARE BEING TRANSPORTED BECAUSE THE DESIGNATED CAREGIVER IS MOVING.
(c) MARIJUANA THAT IS INCIDENTAL TO MEDICAL USE, BUT IS NOT USABLE MARIJUANA AS DEFINED IN THIS CHAPTER, SHALL NOT BE COUNTED TOWARD A QUALIFYING PATIENT’S OR DESIGNATED CAREGIVER’S ALLOWABLE AMOUNT OF MARIJUANA.
2. “CARDHOLDER” MEANS A QUALIFYING PATIENT, A DESIGNATED CAREGIVER OR A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT WHO HAS BEEN ISSUED AND POSSESSES A VALID REGISTRY IDENTIFICATION CARD.
3. “DEBILITATING MEDICAL CONDITION” MEANS ONE OR MORE OF THE FOLLOWING:
(a) CANCER, GLAUCOMA, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS, ACQUIRED IMMUNE DEFICIENCY SYNDROME, HEPATITIS C, AMYOTROPHIC LATERAL SCLEROSIS, CROHN’S DISEASE, AGITATION OF ALZHEIMER’S DISEASE OR THE TREATMENT OF THESE CONDITIONS.
(b) A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION OR ITS TREATMENT THAT PRODUCES ONE OR MORE OF THE FOLLOWING: CACHEXIA OR WASTING SYNDROME; SEVERE AND CHRONIC PAIN; SEVERE NAUSEA; SEIZURES, INCLUDING THOSE CHARACTERISTIC OF EPILEPSY; OR SEVERE AND PERSISTENT MUSCLE SPASMS, INCLUDING THOSE CHARACTERISTIC OF MULTIPLE SCLEROSIS.
More > (PDF)
Arizona Medical Marijuana Qualification
Who Qualifies for Medicinal Marijuana in Arizona
Arizona Medical Marijuana Qualifications
On November 2, 2010, Arizona Proposition 203 (AKA the Arizona Medical Marijuana Act) was approved by 50.13% of voters. Proposition 203 removes state-level criminal penalties on the use and possession of medical marijuana (also referred to as medical weed, medical pot or medical cannabis) by qualifying patients who obtain a recommendation from an Arizona licensed physician and register with the Arizona Department of Health Services (ADHS). The law requires the ADHS to establish a registration and renewal application system for patients and nonprofit dispensaries, as well as a web-based verification system for law enforcement and dispensaries to verify registry identification cards. As the law is in its infancy, this system is still in the process of being established.
Read the full text of the Arizona Proposition 203 here.
HOW TO QUALIFY FOR MEDICAL MARIJUANA IN ARIZONA
1. Must be a resident of Arizona.
2. Obtain an authenticated, written certification from a doctor of medicine, doctor of osteopathic medicine, naturopathic physician or homeopathic physician licensed in the state of Arizona that states that you have been diagnosed with a debilitating condition and that you would likely receive benefit from marijuana Patients can find a medical marijuana doctor in Arizona here.
3. Note: You may be required to bring a copy of your medical records to your marijuana evaluation appointment, indicating diagnosis of a qualifying condition as listed below. Learn how to request your medical records.
4. Once you have received your marijuana recommendation, you must register with the Arizona Department of Health Services to obtain a Medical Marijuana card.
WHAT AILMENTS CAN BE TREATED WITH MEDICAL CANNABIS IN ARIZONA?
Patients in Arizona diagnosed with the following illnesses are afforded legal protection under Proposition 203:
Cancer, glaucoma or positive status for the human immunodeficiency virus, Hepatitis C, Amyotrophic lateral sclerosis (Lou Gehrig’s disease), Crohn’s disease, agitation of Alzheimer’s disease or the treatment of these conditions, ORA chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
MEDICAL MARIJUANA ACCESS IN ARIZONA
Some medical marijuana patients will claim they have a doctor’s prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, medical marijuana physicians will supply patients with a medical marijuana recommendation in compliance with state law.
Cultivation and possession limits: Qualified patients or their caregivers may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. The law allows the certification of a number of non-profit dispensaries not to exceed 10% of the number of pharmacies in the state (which would be about 124). If the patient lives more than 25 miles from the nearest dispensary, the patient or caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility.
Notice: ADHS suspended the dispensary portion of the Medical Marijuana Act until the end of a lawsuit. Before filling out your application, you may want to consider whether or not you will need a caregiver and you may want to request to cultivate or designate a caregiver during the application process. Please note that if you choose to designate a caregiver for this purpose, you as a patient cannot also cultivate. Once you have designated a caregiver, the caregiver application process must also be completed. The designated caregiver application can be completed at: http://www.azdhs.gov/medicalmarijuana/caregivers/index.htm. Please take special note of caregiver-specific application instructions.
HOW TO CONTACT THE ARIZONA DEPARTMENT OF HEALTH SERVICES
Arizona Department of Health Services
150 N. 18th Avenue
Phoenix, AZ 85007
(602) 542-1025
(602) 542-0883 Fax
Arizona Medical Marijuana
Arizona Medical Marijuana Laws, Arizona Medical Marijuana Qualifications and General Arizona Marijuana Information
The State of Arizona has a legalized medical marijuana program, which allows legal medical marijuana patients to receive a marijuana recommendation from a certified physician, apply for a State-issued Arizona Medical Marijuana ID Card, and grow and/or purchase marijuana for medicinal use per state guidelines. We have compiled the following index of medical marijuana information in Arizona to serve as a legal library to our users for legal reference of Arizona’s laws and guidelines regarding Medical Cannabis.
Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Arizona’s medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under “legal states”.
Since the Arizona medical marijuana program is still changing their laws and new Arizona medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Arizona medical marijuana program.
Please click a corresponding link to find out more about your Arizona’s Medical Marijuana Program.
ARIZONA QUALIFICATION
Find out Who Qualifies for Marijuana in Arizona in our definitive guide of Arizona’s qualification guidelines. Read up on medical conditions that are covered under Arizona’s medical marijuana program, age restrictions, criminal conviction restrictions, and more.
ARIZONA MEDICAL MARIJUANA LAWS
Read Arizona’s Full Medical Marijuana Laws to gain full specific knowledge of Arizona’s exact legal guidelines without interpretation. We suggest that you print Arizona’s Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into Arizona’s laws for his knowledge.
ARIZONA MEDICAL MARIJUANA CARD
Find out how to obtain a{n} Arizona Medical Marijuana Card with our guide to Arizona’s state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know Arizona’s requirements.
1. “ALLOWABLE AMOUNT OF MARIJUANA”
(a) WITH RESPECT TO A QUALIFYING PATIENT, THE “ALLOWABLE AMOUNT OF MARIJUANA” MEANS:
(i) TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA; AND
(ii) IF THE QUALIFYING PATIENT’S REGISTRY IDENTIFICATION CARD STATES THAT THE QUALIFYING PATIENT IS AUTHORIZED TO CULTIVATE MARIJUANA, TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY EXCEPT THAT THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED, LOCKED FACILITY IF THE PLANTS ARE BEING TRANSPORTED BECAUSE THE QUALIFYING PATIENT IS MOVING.
(b) WITH RESPECT TO A DESIGNATED CAREGIVER, THE “ALLOWABLE AMOUNT OF MARIJUANA” FOR EACH PATIENT ASSISTED BY THE?DESIGNATED CAREGIVER UNDER THIS CHAPTER MEANS:
(i) TWO-AND-ONE-HALF OUNCES OF USABLE MARIJUANA; AND
(ii) IF THE DESIGNATED CAREGIVER’S REGISTRY IDENTIFICATION CARD PROVIDES THAT THE DESIGNATED CAREGIVER IS AUTHORIZED?TO CULTIVATE MARIJUANA, TWELVE MARIJUANA PLANTS CONTAINED IN AN ENCLOSED, LOCKED FACILITY EXCEPT THAT THE PLANTS ARE NOT REQUIRED TO BE IN AN ENCLOSED, LOCKED FACILITY IF THE PLANTS ARE BEING TRANSPORTED BECAUSE THE DESIGNATED CAREGIVER IS MOVING.
(c) MARIJUANA THAT IS INCIDENTAL TO MEDICAL USE, BUT IS NOT USABLE MARIJUANA AS DEFINED IN THIS CHAPTER, SHALL NOT BE COUNTED TOWARD A QUALIFYING PATIENT’S OR DESIGNATED CAREGIVER’S ALLOWABLE AMOUNT OF MARIJUANA.
2. “CARDHOLDER” MEANS A QUALIFYING PATIENT, A DESIGNATED CAREGIVER OR A NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT WHO HAS BEEN ISSUED AND POSSESSES A VALID REGISTRY IDENTIFICATION CARD.
3. “DEBILITATING MEDICAL CONDITION” MEANS ONE OR MORE OF THE FOLLOWING:
(a) CANCER, GLAUCOMA, POSITIVE STATUS FOR HUMAN IMMUNODEFICIENCY VIRUS, ACQUIRED IMMUNE DEFICIENCY SYNDROME, HEPATITIS C, AMYOTROPHIC LATERAL SCLEROSIS, CROHN’S DISEASE, AGITATION OF ALZHEIMER’S DISEASE OR THE TREATMENT OF THESE CONDITIONS.
(b) A CHRONIC OR DEBILITATING DISEASE OR MEDICAL CONDITION OR ITS TREATMENT THAT PRODUCES ONE OR MORE OF THE FOLLOWING: CACHEXIA OR WASTING SYNDROME; SEVERE AND CHRONIC PAIN; SEVERE NAUSEA; SEIZURES, INCLUDING THOSE CHARACTERISTIC OF EPILEPSY; OR SEVERE AND PERSISTENT MUSCLE SPASMS, INCLUDING THOSE CHARACTERISTIC OF MULTIPLE SCLEROSIS.
More > (PDF)
Arizona Medical Marijuana Qualification
Who Qualifies for Medicinal Marijuana in Arizona
Arizona Medical Marijuana Qualifications
On November 2, 2010, Arizona Proposition 203 (AKA the Arizona Medical Marijuana Act) was approved by 50.13% of voters. Proposition 203 removes state-level criminal penalties on the use and possession of medical marijuana (also referred to as medical weed, medical pot or medical cannabis) by qualifying patients who obtain a recommendation from an Arizona licensed physician and register with the Arizona Department of Health Services (ADHS). The law requires the ADHS to establish a registration and renewal application system for patients and nonprofit dispensaries, as well as a web-based verification system for law enforcement and dispensaries to verify registry identification cards. As the law is in its infancy, this system is still in the process of being established.
Read the full text of the Arizona Proposition 203 here.
HOW TO QUALIFY FOR MEDICAL MARIJUANA IN ARIZONA
1. Must be a resident of Arizona.
2. Obtain an authenticated, written certification from a doctor of medicine, doctor of osteopathic medicine, naturopathic physician or homeopathic physician licensed in the state of Arizona that states that you have been diagnosed with a debilitating condition and that you would likely receive benefit from marijuana Patients can find a medical marijuana doctor in Arizona here.
3. Note: You may be required to bring a copy of your medical records to your marijuana evaluation appointment, indicating diagnosis of a qualifying condition as listed below. Learn how to request your medical records.
4. Once you have received your marijuana recommendation, you must register with the Arizona Department of Health Services to obtain a Medical Marijuana card.
WHAT AILMENTS CAN BE TREATED WITH MEDICAL CANNABIS IN ARIZONA?
Patients in Arizona diagnosed with the following illnesses are afforded legal protection under Proposition 203:
Cancer, glaucoma or positive status for the human immunodeficiency virus, Hepatitis C, Amyotrophic lateral sclerosis (Lou Gehrig’s disease), Crohn’s disease, agitation of Alzheimer’s disease or the treatment of these conditions, ORA chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; severe and chronic pain; severe nausea; seizures, including those characteristic of epilepsy; or severe and persistent muscle spasms, including those characteristic of multiple sclerosis.
MEDICAL MARIJUANA ACCESS IN ARIZONA
Some medical marijuana patients will claim they have a doctor’s prescription for medical marijuana, but marijuana prescriptions are in fact illegal. The federal government classifies marijuana as a schedule I drug. Therefore doctors are unable to prescribe marijuana to their patients, and medical marijuana patients cannot go to a pharmacy to fill a prescription for medical marijuana. Instead, medical marijuana physicians will supply patients with a medical marijuana recommendation in compliance with state law.
Cultivation and possession limits: Qualified patients or their caregivers may obtain up to 2.5 ounces of marijuana in a 14-day period from a registered nonprofit medical marijuana dispensary. The law allows the certification of a number of non-profit dispensaries not to exceed 10% of the number of pharmacies in the state (which would be about 124). If the patient lives more than 25 miles from the nearest dispensary, the patient or caregiver may cultivate up to 12 marijuana plants in an enclosed, locked facility.
Notice: ADHS suspended the dispensary portion of the Medical Marijuana Act until the end of a lawsuit. Before filling out your application, you may want to consider whether or not you will need a caregiver and you may want to request to cultivate or designate a caregiver during the application process. Please note that if you choose to designate a caregiver for this purpose, you as a patient cannot also cultivate. Once you have designated a caregiver, the caregiver application process must also be completed. The designated caregiver application can be completed at: http://www.azdhs.gov/medicalmarijuana/caregivers/index.htm. Please take special note of caregiver-specific application instructions.
HOW TO CONTACT THE ARIZONA DEPARTMENT OF HEALTH SERVICES
Arizona Department of Health Services
150 N. 18th Avenue
Phoenix, AZ 85007
(602) 542-1025
(602) 542-0883 Fax
Arizona Medical Marijuana
Arizona Medical Marijuana Laws, Arizona Medical Marijuana Qualifications and General Arizona Marijuana Information
The State of Arizona has a legalized medical marijuana program, which allows legal medical marijuana patients to receive a marijuana recommendation from a certified physician, apply for a State-issued Arizona Medical Marijuana ID Card, and grow and/or purchase marijuana for medicinal use per state guidelines. We have compiled the following index of medical marijuana information in Arizona to serve as a legal library to our users for legal reference of Arizona’s laws and guidelines regarding Medical Cannabis.
Please note that in order to become a legal medical marijuana patient you must first have a qualifying condition as outlined by the department of health services and/or department of justice. For a comprehensive list of Arizona’s medical marijuana qualifying conditions you can visit our qualifying conditions section located on the top of our menu under “legal states”.
Since the Arizona medical marijuana program is still changing their laws and new Arizona medical marijuana laws are being enacted on a monthly basis, please be sure to visit our site frequently to get the most updated laws as it pertains to the Arizona medical marijuana program.
Please click a corresponding link to find out more about your Arizona’s Medical Marijuana Program.
ARIZONA QUALIFICATION
Find out Who Qualifies for Marijuana in Arizona in our definitive guide of Arizona’s qualification guidelines. Read up on medical conditions that are covered under Arizona’s medical marijuana program, age restrictions, criminal conviction restrictions, and more.
ARIZONA MEDICAL MARIJUANA LAWS
Read Arizona’s Full Medical Marijuana Laws to gain full specific knowledge of Arizona’s exact legal guidelines without interpretation. We suggest that you print Arizona’s Full Medicinal Marijuana Laws for use with our MyDoc program in order to provide your physician full insight into Arizona’s laws for his knowledge.
ARIZONA MEDICAL MARIJUANA CARD
Find out how to obtain a{n} Arizona Medical Marijuana Card with our guide to Arizona’s state medicinal marijuana ID program. Some states require that you obtain your card prior to obtaining your medicine, so read here first to ensure that you know Arizona’s requirements.
Friday, July 15, 2016
Arizona Drug Laws
Penalty Details
Possession
Possession for personal use of less than 2 pounds of marijuana is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Possession for personal use of 2-4 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Possession for personal use of more than 4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds LEGALIZE drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
See
Arizona REV. STAT. § 13-3401 Web SearchArizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT. § 13-821 Web Search
Sale
The sale, or possessing for sale, of less than 2 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.
The sale, or possessing for sale, of between 2-4 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
The sale, or possessing for sale, of more than 4 pounds of marijuana is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
Arizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Manufacture/Cultivation
Producing less than 2 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.
Producing between 2-4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
Producing more than 4 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
Arizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Trafficking
Bringing less than 2 pounds of marijuana into AZ is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Bringing 2 pounds or more of marijuana into AZ is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
Arizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Hash & Concentrates
In AZ, hashish and concentrates are Schedule I narcotic drugs listed as "Cannabis." "Cannabis" is classified in Arizona as "The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin ... and every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol."
See
Arizona REV. STAT. § 13-3401(20)(w) Web SearchArizona REV. STAT. § 13-3401(4)(a)-(b) Web Search
Knowingly possessing or using a narcotic drug is a class 4 felony, punishable by a minimum of 1 year imprisonment, a maximum of 3 years in prison, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
Knowingly possessing a narcotic drug for sale is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
Knowingly possessing the equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug is a class 3 felony, punishable by a minimum of 2 years imprisonment, a maximum of 7 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
Manufacturing a narcotic drug is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
Transporting a narcotic drug into the state is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
See
Arizona REV. STAT. § 13-3408 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Paraphernalia
Any possession of drug paraphernalia, as well as advertising for the sale of drug paraphernalia, is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
Arizona REV. STAT. § 13-3415 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Miscellaneous
Employing a minor in the commission of a drug offense, being convicted of a prior felony, or committing a drug offense in a school zone, lead to an increased sentence.
See
Arizona REV. STAT. § 13-3409 Web SearchArizona REV. STAT. § 13-3410 Web SearchArizona REV. STAT. § 13-3411 Web SearchArizona REV. STAT. § 13-703 Web Search
Class 6 Felony; Designation
If convicted of any Class 6 felony not involving a dangerous offense and if the court is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a Class 1 misdemeanor, or may place the defendant on probation in accordance with chapter 9 of this title. This does not apply to any person who stands convicted of a Class 6 felony and who has previously been convicted of two or more felonies.
See
Arizona Rev. Stat. § 13-604 Web Search
Fines
A class 1 misdemeanor fine shall not be more than $2500. The minimum fine for a first time drug offense is $1000. For a second or subsequent offense there shall be a fine of at least $2000.
See
Arizona REV. STAT. § 13-802 Web SearchArizona REV. STAT. § 13-821 Web Search
CONDITIONAL RELEASE
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
DRUGGED DRIVING
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
http://norml.org/laws/item/arizona-penalties
Possession
Possession for personal use of less than 2 pounds of marijuana is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Possession for personal use of 2-4 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Possession for personal use of more than 4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds LEGALIZE drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
See
Arizona REV. STAT. § 13-3401 Web SearchArizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT. § 13-821 Web Search
Sale
The sale, or possessing for sale, of less than 2 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.
The sale, or possessing for sale, of between 2-4 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
The sale, or possessing for sale, of more than 4 pounds of marijuana is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
Arizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Manufacture/Cultivation
Producing less than 2 pounds of marijuana is a Class 5 felony, punishable by a minimum sentence of 6 months, a maximum sentence of 2.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 240 hours of community service.
Producing between 2-4 pounds of marijuana is a Class 4 felony, punishable by a minimum sentence of 1 year, a maximum sentence of 3.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
Producing more than 4 pounds of marijuana is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
Arizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Trafficking
Bringing less than 2 pounds of marijuana into AZ is a Class 3 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 8.75 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense. If probation is granted after conviction for this offense, the offender will face a mandatory sentence of 24 hours of community service.
Bringing 2 pounds or more of marijuana into AZ is a Class 2 felony, punishable by a minimum sentence of 2 years, a maximum sentence of 12.5 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
Arizona REV. STAT. § 13-3405 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Hash & Concentrates
In AZ, hashish and concentrates are Schedule I narcotic drugs listed as "Cannabis." "Cannabis" is classified in Arizona as "The resin extracted from any part of a plant of the genus cannabis, and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or its resin ... and every compound, manufacture, salt, derivative, mixture or preparation of such resin or tetrahydrocannabinol."
See
Arizona REV. STAT. § 13-3401(20)(w) Web SearchArizona REV. STAT. § 13-3401(4)(a)-(b) Web Search
Knowingly possessing or using a narcotic drug is a class 4 felony, punishable by a minimum of 1 year imprisonment, a maximum of 3 years in prison, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
Knowingly possessing a narcotic drug for sale is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
Knowingly possessing the equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug is a class 3 felony, punishable by a minimum of 2 years imprisonment, a maximum of 7 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
Manufacturing a narcotic drug is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
Transporting a narcotic drug into the state is a class 2 felony, punishable by a minimum of 3 years imprisonment, a maximum of 10 years imprisonment, and a maximum fine of not less than two thousand dollars or three times the value as determined by the court of the narcotic drugs involved in or giving rise to the charge, whichever is greater.
See
Arizona REV. STAT. § 13-3408 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Paraphernalia
Any possession of drug paraphernalia, as well as advertising for the sale of drug paraphernalia, is a Class 6 felony, punishable by a minimum sentence of 4 months, a maximum sentence of 2 years, and a minimum fine of $1000 or a fine to exhaust the proceeds of the drug offense.
See
Arizona REV. STAT. § 13-3415 Web SearchArizona REV. STAT. § 13-702 Web SearchArizona REV. STAT. § 13-801 Web SearchArizona REV. STAT § 13-821 Web Search
Miscellaneous
Employing a minor in the commission of a drug offense, being convicted of a prior felony, or committing a drug offense in a school zone, lead to an increased sentence.
See
Arizona REV. STAT. § 13-3409 Web SearchArizona REV. STAT. § 13-3410 Web SearchArizona REV. STAT. § 13-3411 Web SearchArizona REV. STAT. § 13-703 Web Search
Class 6 Felony; Designation
If convicted of any Class 6 felony not involving a dangerous offense and if the court is of the opinion that it would be unduly harsh to sentence the defendant for a felony, the court may enter judgment of conviction for a Class 1 misdemeanor, or may place the defendant on probation in accordance with chapter 9 of this title. This does not apply to any person who stands convicted of a Class 6 felony and who has previously been convicted of two or more felonies.
See
Arizona Rev. Stat. § 13-604 Web Search
Fines
A class 1 misdemeanor fine shall not be more than $2500. The minimum fine for a first time drug offense is $1000. For a second or subsequent offense there shall be a fine of at least $2000.
See
Arizona REV. STAT. § 13-802 Web SearchArizona REV. STAT. § 13-821 Web Search
CONDITIONAL RELEASE
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
DRUGGED DRIVING
This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.
MEDICAL MARIJUANA
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana's medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective. For more information see NORML's Medical Marijuana section.
http://norml.org/laws/item/arizona-penalties
Thursday, July 14, 2016
Child abuse reports ignored by Rockbridge social services, report finds
By Laurence Hammack laurence.hammack@roanoke.com 981-3239| Posted Yesterday
Reports of child abuse and neglect did not just fall through the cracks at the Rockbridge Area Department of Social Services, an internal review has found. Some of the reports were fed into a paper shredder, never to be investigated by the agency.
Of the 41 problems identified in the damning review, “of utmost concern” was evidence that a former department supervisor shredded reports before they could go to the Child Protective Services unit for assessment.
The former supervisor is not named in the report. Susan Reese, head of the social services’ Piedmont Regional Office, which conducted the review, declined to comment on the reasons for the supervisor’s departure.
But Reese confirmed that the director of the Rockbridge agency, Meredith Downey, announced her retirement during the inquiry.
Other problems cited in the report include slow responses to emergency calls, missed deadlines, altered documents and low staff morale — which many employees attributed to “an atmosphere of bullying, harassment and intimidation” by the unnamed former supervisor.
The report cites one case in which a child later died.
Earlier this year, an infant was assessed by the agency as “high risk” in an unfit home. “But no services were offered,” the report stated. In April, the 3-month-old girl was rushed to Carilion Stonewall Jackson Hospital in Lexington, where she was pronounced dead on arrival.
Police are investigating both the death and the actions taken by the department in that and other cases.
“We’re looking at it from all angles,” said Capt. Tony McFaddin of the Rockbridge County Sheriff’s Office.
For years, members of the sheriff’s office have been troubled by the social services department, which serves Rockbridge County and the cities of Lexington and Buena Vista. “We felt that in some cases they weren’t providing the services that we felt they should have been providing,” McFaddin said.
It was the fatality that finally spurred action.
After the sheriff’s office began to investigate the infant’s death, it ran into a stone wall with the former supervisor, who refused to assign a Child Protective Services worker to the case, according to the report.
The sheriff’s office complained to the Piedmont Regional Office, which urged the local department to get involved. But later, the former supervisor would not share the results of the agency’s investigation with law enforcement, according to the report.
That prompted two more calls by sheriff’s investigators to the regional office. Those calls — combined with complaints from within the department and other state agencies — prompted the regional office to expedite a review of the entire social services department in Rockbridge.
“It’s very concerning,” Reese said of the three-month review, which was completed in May.
The regional office, located in Roanoke, has sent a specialist to the Rockbridge department to help work through the problems.
“Some of the findings were very severe, and that’s why we’re looking at this very closely,” Reese said.
According to the report, the former supervisor would sometimes direct her staff not to respond to emergency calls, saying that it was “too late in the day” and that law enforcement could handle the reports of children in troubled situations.
“Services workers indicated that they used personal cellphones to keep in touch with community partners (i.e. law enforcement) because the Supervisor discourages communication and working relationships,” the report stated.
“Workers stated that sometimes they are so concerned about some cases, they offer services in secret.”
In addition to surveying the 30-some employees at the Rockbridge office, the regional office also examined its caseload numbers, which raised another red flag.
During a year-long period that ended March 1, the agency received 271 reports of alleged abuse or neglect of children. A little more than half — 158— were “screened out,” or determined not to be worthy of investigation.
“That was an extremely high number of screen-outs,” Reese said.
Of those 158 cases, investigators took a more detailed look at a sample of 30 case files. In 12 of those cases, they found that the allegations — such as sexual abuse or physical assault — were of the type that state law requires a closer look at by social services.
While all of the 271 reports examined by investigators were entered into the department’s records, it remains unclear how many other case summaries might have been shredded, Reese said,
No evidence remains of those cases, which were never logged into the department’s computer system. But investigators determined that the shredding happened based on reports from other employees, who had kept copies of the documents before giving them to the former supervisor, according to the report.
Why the documents were shredded remains a mystery.
“I could not speculate on that, because we have heard no reason for this being done,” Reese said.
It does not appear that Child Protective Services staff was overburdened. With an average of nine cases a month referred for further investigation, “this should not be a difficult standard to meet,” the report stated.
In nearly all of the cases, the former supervisor served as the gateway for a case to get to an investigator. The high number of cases that didn’t make the cut appears to be just one reason for low morale among rank-and-file workers in the agency.
“It is concerning that a majority of the employees … reported during interviews and/or written survey comments that the ... Supervisor fosters and atmosphere of ‘bullying,’ ‘harassment’ and ‘intimidation,’ the report stated.
Some workers said they were so afraid of encountering their boss in the department’s kitchen area that they constructed a makeshift kitchen for themselves in a storage room.
Complaints to the agency’s director fell on deaf ears, the report stated, which only worsened morale. Efforts to reach the now-retired director, Downey, were unsuccessful on Wednesday.
It was in that kind of environment that a 3-month-old infant received no follow-up care from the social services department, even after it deemed her to be living in a “high risk” home. Although documents in that case were not shredded, it remains unclear why the case did not receive more attention from social services until after the girl died.
Police were notified after the infant was taken to the emergency room.
After pronouncing the girl dead, doctors found discoloration around her face and mouth that indicated she might have been lying face-down for a prolonged period of time, according to a search warrant filed in Rockbridge County Circuit Court.
A man and woman who were caring for the child gave conflicting accounts of how long the infant had been sleeping and when she was found unresponsive, the warrant stated.
In seeking permission to search the home, an investigator wrote in the warrant that the house was extremely dirty “and also appears to have been a danger to the child’s health.”
No charges have been filed in the case. McFaddin, of the sheriff’s office, said investigators are waiting for the results of an autopsy.
And while the sheriff’s office is also looking into the operations of the social services department, McFaddin said there’s been a noticeable improvement since the shakeup at the top.
“Now, since the regional office has gotten involved, our relationship with social services is on the mend, and we still have a good relationship with them,” he said.
Reese also believes that the department is turning a corner.
“The staff that are there are really dedicated, and they want to do the right thing,” she said. “They want to offer their best to the community, and they’re very dedicated to doing that.”
http://m.roanoke.com/news/virginia/child-abuse-reports-ignored-by-rockbridge-social-services-report-finds/article_47320fbb-d32d-5c28-aa57-e8b327d7c289.html?mode=jqm
Reports of child abuse and neglect did not just fall through the cracks at the Rockbridge Area Department of Social Services, an internal review has found. Some of the reports were fed into a paper shredder, never to be investigated by the agency.
Of the 41 problems identified in the damning review, “of utmost concern” was evidence that a former department supervisor shredded reports before they could go to the Child Protective Services unit for assessment.
The former supervisor is not named in the report. Susan Reese, head of the social services’ Piedmont Regional Office, which conducted the review, declined to comment on the reasons for the supervisor’s departure.
But Reese confirmed that the director of the Rockbridge agency, Meredith Downey, announced her retirement during the inquiry.
Other problems cited in the report include slow responses to emergency calls, missed deadlines, altered documents and low staff morale — which many employees attributed to “an atmosphere of bullying, harassment and intimidation” by the unnamed former supervisor.
The report cites one case in which a child later died.
Earlier this year, an infant was assessed by the agency as “high risk” in an unfit home. “But no services were offered,” the report stated. In April, the 3-month-old girl was rushed to Carilion Stonewall Jackson Hospital in Lexington, where she was pronounced dead on arrival.
Police are investigating both the death and the actions taken by the department in that and other cases.
“We’re looking at it from all angles,” said Capt. Tony McFaddin of the Rockbridge County Sheriff’s Office.
For years, members of the sheriff’s office have been troubled by the social services department, which serves Rockbridge County and the cities of Lexington and Buena Vista. “We felt that in some cases they weren’t providing the services that we felt they should have been providing,” McFaddin said.
It was the fatality that finally spurred action.
After the sheriff’s office began to investigate the infant’s death, it ran into a stone wall with the former supervisor, who refused to assign a Child Protective Services worker to the case, according to the report.
The sheriff’s office complained to the Piedmont Regional Office, which urged the local department to get involved. But later, the former supervisor would not share the results of the agency’s investigation with law enforcement, according to the report.
That prompted two more calls by sheriff’s investigators to the regional office. Those calls — combined with complaints from within the department and other state agencies — prompted the regional office to expedite a review of the entire social services department in Rockbridge.
“It’s very concerning,” Reese said of the three-month review, which was completed in May.
The regional office, located in Roanoke, has sent a specialist to the Rockbridge department to help work through the problems.
“Some of the findings were very severe, and that’s why we’re looking at this very closely,” Reese said.
According to the report, the former supervisor would sometimes direct her staff not to respond to emergency calls, saying that it was “too late in the day” and that law enforcement could handle the reports of children in troubled situations.
“Services workers indicated that they used personal cellphones to keep in touch with community partners (i.e. law enforcement) because the Supervisor discourages communication and working relationships,” the report stated.
“Workers stated that sometimes they are so concerned about some cases, they offer services in secret.”
In addition to surveying the 30-some employees at the Rockbridge office, the regional office also examined its caseload numbers, which raised another red flag.
During a year-long period that ended March 1, the agency received 271 reports of alleged abuse or neglect of children. A little more than half — 158— were “screened out,” or determined not to be worthy of investigation.
“That was an extremely high number of screen-outs,” Reese said.
Of those 158 cases, investigators took a more detailed look at a sample of 30 case files. In 12 of those cases, they found that the allegations — such as sexual abuse or physical assault — were of the type that state law requires a closer look at by social services.
While all of the 271 reports examined by investigators were entered into the department’s records, it remains unclear how many other case summaries might have been shredded, Reese said,
No evidence remains of those cases, which were never logged into the department’s computer system. But investigators determined that the shredding happened based on reports from other employees, who had kept copies of the documents before giving them to the former supervisor, according to the report.
Why the documents were shredded remains a mystery.
“I could not speculate on that, because we have heard no reason for this being done,” Reese said.
It does not appear that Child Protective Services staff was overburdened. With an average of nine cases a month referred for further investigation, “this should not be a difficult standard to meet,” the report stated.
In nearly all of the cases, the former supervisor served as the gateway for a case to get to an investigator. The high number of cases that didn’t make the cut appears to be just one reason for low morale among rank-and-file workers in the agency.
“It is concerning that a majority of the employees … reported during interviews and/or written survey comments that the ... Supervisor fosters and atmosphere of ‘bullying,’ ‘harassment’ and ‘intimidation,’ the report stated.
Some workers said they were so afraid of encountering their boss in the department’s kitchen area that they constructed a makeshift kitchen for themselves in a storage room.
Complaints to the agency’s director fell on deaf ears, the report stated, which only worsened morale. Efforts to reach the now-retired director, Downey, were unsuccessful on Wednesday.
It was in that kind of environment that a 3-month-old infant received no follow-up care from the social services department, even after it deemed her to be living in a “high risk” home. Although documents in that case were not shredded, it remains unclear why the case did not receive more attention from social services until after the girl died.
Police were notified after the infant was taken to the emergency room.
After pronouncing the girl dead, doctors found discoloration around her face and mouth that indicated she might have been lying face-down for a prolonged period of time, according to a search warrant filed in Rockbridge County Circuit Court.
A man and woman who were caring for the child gave conflicting accounts of how long the infant had been sleeping and when she was found unresponsive, the warrant stated.
In seeking permission to search the home, an investigator wrote in the warrant that the house was extremely dirty “and also appears to have been a danger to the child’s health.”
No charges have been filed in the case. McFaddin, of the sheriff’s office, said investigators are waiting for the results of an autopsy.
And while the sheriff’s office is also looking into the operations of the social services department, McFaddin said there’s been a noticeable improvement since the shakeup at the top.
“Now, since the regional office has gotten involved, our relationship with social services is on the mend, and we still have a good relationship with them,” he said.
Reese also believes that the department is turning a corner.
“The staff that are there are really dedicated, and they want to do the right thing,” she said. “They want to offer their best to the community, and they’re very dedicated to doing that.”
http://m.roanoke.com/news/virginia/child-abuse-reports-ignored-by-rockbridge-social-services-report-finds/article_47320fbb-d32d-5c28-aa57-e8b327d7c289.html?mode=jqm
Proposed Changes To CPS
BY AMANDA WEBER/NEWS 4 SAN ANTONIOTUESDAY, JULY 12TH 2016
Commissioner Hank Whitman has been on the job with the Department of Family and Protective Services for just two months. Tuesday he laid out a ten point plan he says will change the future of the Texas Child Welfare System.
The Children's Shelter of San Antonio provided foster home care last year for 291 children ranging in age from infant to 18 years.
"90 percent of children taken out of the homes is provided care by places like children's shelter," said President and CEO of The Children's Shelter, Annette Rodriguez.
Annette Rodriguez, President and CEO of The Children's Shelter says a ten point plan laid out by Department of Family and Protective Services Commissioner Hank Whitman directly affects their organization. In the plan, Whitman mentions emphasizing care for high needs children. Children who have suffered trauma and mental illness.
"The Children's Shelter offers therapeutic care, a residential treatment center for children who need more structure in a therapeutic environment to help them heal," said Rodriguez.
Senator Jose Menendez says the work load placed on CPS case workers is the issue that needs to be tackled first, he says some case workers have as many as 70 to 85 cases a month when the recommended case load is closer to 12.
"How do they see 70 to 85 cases a month and have a good knowledge of what is going on? That is where the focus needs to be," said Senator Jose Menendez
He adds experienced employees who can help new employees acclimate to a high stress, demanding job would also result in a stronger organization.
"If we could stabilize the agency, somehow and say, turn over has slowed to a normal rate, we are bringing more people on board, and now we are having some experienced case workers being able to help the young ones or the new ones," said Menedez
Rodriguez says the plan is realistic, she is optimistic for the future of so many children in need.
"I do think they are reasonable goals and again, I think he is looking at some of the most critical elements that are facing him today, I don't think they are the only things, there are probably other things that need to be looked at as well," said Rodriguez.
http://gov.texas.gov/news/press-release/22496
component-story-more_m
Commissioner Hank Whitman has been on the job with the Department of Family and Protective Services for just two months. Tuesday he laid out a ten point plan he says will change the future of the Texas Child Welfare System.
The Children's Shelter of San Antonio provided foster home care last year for 291 children ranging in age from infant to 18 years.
"90 percent of children taken out of the homes is provided care by places like children's shelter," said President and CEO of The Children's Shelter, Annette Rodriguez.
Annette Rodriguez, President and CEO of The Children's Shelter says a ten point plan laid out by Department of Family and Protective Services Commissioner Hank Whitman directly affects their organization. In the plan, Whitman mentions emphasizing care for high needs children. Children who have suffered trauma and mental illness.
"The Children's Shelter offers therapeutic care, a residential treatment center for children who need more structure in a therapeutic environment to help them heal," said Rodriguez.
Senator Jose Menendez says the work load placed on CPS case workers is the issue that needs to be tackled first, he says some case workers have as many as 70 to 85 cases a month when the recommended case load is closer to 12.
"How do they see 70 to 85 cases a month and have a good knowledge of what is going on? That is where the focus needs to be," said Senator Jose Menendez
He adds experienced employees who can help new employees acclimate to a high stress, demanding job would also result in a stronger organization.
"If we could stabilize the agency, somehow and say, turn over has slowed to a normal rate, we are bringing more people on board, and now we are having some experienced case workers being able to help the young ones or the new ones," said Menedez
Rodriguez says the plan is realistic, she is optimistic for the future of so many children in need.
"I do think they are reasonable goals and again, I think he is looking at some of the most critical elements that are facing him today, I don't think they are the only things, there are probably other things that need to be looked at as well," said Rodriguez.
http://gov.texas.gov/news/press-release/22496
component-story-more_m
Tuesday, July 12, 2016
Drug Testing For CPS
1923.2 Diluted Samples Obtained During Testing
CPS June 2010
A diluted sample indicates that a client drank a large amount of water at some time before the drug test.
When the lab indicates that a sample is diluted, the caseworker can take one the following actions to arrive at a conclusion about the client's use:
• Have the client retested
• Request a different type of testing, such as requesting a hair follicle test instead of a urine test
• Rely on credible evidence obtained through observation, information from collateral sources (such as a teacher, neighbor, or family doctor), and the case history
1923.3 Instant (Swab) Tests and Court Hearings
CPS June 2010
An instant test is a swabbing of a client's oral fluids. The test is performed by a caseworker to test for recent drug use. If possible, the test results are confirmed by a laboratory.
Using the Tests in Court
Before presenting the results of instant swab tests as evidence in court, the caseworker mustobtain confirmation from a laboratory.
1923.4 Using Acceptable Contractors to Obtain Test Results
CPS June 2010
DFPS accepts lab test results from physicians, hospitals, the legal system (such as the adult probation department), and providers of substance abuse treatment in order to assess safety and to assess the need for services and treatment.
1923.5 Frequency of Random Substance Abuse Testing
CPS June 2010
In general, the caseworker may conduct random drug tests when substance abuse laboratory testing is allowed under 1920Substance Abuse Testing; that is, when:
• a case is scheduled for closure;
• reunification of the child with his or her family is contemplated;
• there are changes in the parent's appearance, behavior, or affect;
• new information is received about possible substance abuse;
• the client has terminated substance abuse treatment;
• the client shows signs of returning to seeking and using drugs, including associating with former friends and family members who use drugs; keeping drug paraphernalia in the home; or making statements minimizing or denying having a problem with drugs or alcohol;
• the client refuses to create a relapse safety plan (see 1966Developing a Safety Plan in Case a Client Relapses);
• the client minimizes or denies seeking and using drugs seeking and after test results come back positive;
• there are signs that abstinence is being threatened; for example, when a client increases the amount of alcohol consumed or begins to smoke cigarettes frequently to relieve anxiety;
• the client has made minimal or no effort to mitigate the substance abuse related problems that led to abuse and neglect;
• the client is not involved in substance abuse treatment or aftercare, even though it was recommended; and
• the regional substance abuse specialist recommends testing.
Hair Follicle Testing
The caseworker determines the frequency with which random hair follicle testing may be conducted, by following regional protocols.
1923.6 Situations Not Appropriate for Drug Testing
CPS June 2010
It is not appropriate for a caseworker to arrange for drug testing when a parent is:
• actively involved in substance abuse treatment and the treatment provider conducts random testing that is based on laboratory confirmation.
• randomly tested by another entity, such as a probation department or drug court, and the test is confirmed by a laboratory. The caseworker must check into the frequency of testing by the other entity, before random testing is discontinued by CPS.
1923.7 Discontinuing Drug Testing
CPS June 2010
The caseworker must discuss with the supervisor and the client's treatment provider when contemplating discontinuing routine drug testing.
The discontinuation or modification of routine drug testing may be considered when:
• A parent does not exhibit substance seeking and using behaviors (for example, when associating with former friends or family members who use drugs; keeping drug paraphernalia in the home; or making statements minimizing or denying having a problem with drugs or alcohol); and
• The parent has a consistent pattern of negative tests results.
1923.8 Assessing Test Results or Accepting an Admission
CPS June 2010
Positive Result
The caseworker must assess a positive drug test result in relationship to the child's safety and risk. The result must be discussed with the parent in a timely manner.
If a parent with a positive drug result is not engaged in substance abuse treatment and is actively parenting a child, the caseworker refers the parent to:
• a provider of outreach, screening, assessment, and referral (OSAR) services or
• a provider of substance abuse treatment.
The threshold that makes a referral appropriate is based on the definition of a child not being safe. That is, a child is not safe when:
• threats or dangers exist in the family that are related to substance use;
• the child is vulnerable to such threats; and
• the parent who is using substances does not have sufficient protective capacities to manage or control threats.
Client Admission
A client's verbal or written admission is accepted as a positive result of drug use; however good casework practice calls for getting the client to sign a statement of use.
Testing to Rule Out Under-Reporting
If a client admits to drug use, is not engaged in treatment, and is actively parenting children, the caseworker may consider referring the client to a substance abuse provider for screening, assessment, or treatment.
Referral may be necessary because clients sometimes under-report drug use or do not admit to all of the substances that they have used.
Clients likewise may under-report:
• the frequency with which they use dugs,
• the quantity of drugs they use, and
• the amount of money they spend on the drugs.
Negative Result
When the result of a parent's drug test is negative, the caseworker:
• notifies the parent about the result in a timely manner; and
• encourages the parent's abstinence and provides positive feedback.
Refusal to Test
When testing is appropriate under1920 Substance Abuse Testing, but the client refuses to take a drug test, the caseworker must document the refusal to be tested.
If a parent refuses to take a drug test or refuses to allow a child who is an alleged perpetrator to be tested, the caseworker consults with the supervisor in a staffing meeting. The supervisor may recommend legal intervention, if the evidence raises concern for the child's safety.
For cases under court jurisdiction, the caseworker must notify the judge and attorneys about the client's refusal to test.
1923.9 Documenting Prescribed Medicine Before Offering Drug Testing
CPS June 2010
When testing is appropriate under 1920 Substance Abuse Testing, the caseworker must document any prescribed medication that the client is taking.
The documentation may be made by:
• completing a regional form; or
• entering the details in theContact Narrativein the IMPACT system.
The caseworker must share the information about the client's medication with the lab's medical review officer (MRO).
1924 Special Situations Related to Substance Abuse
1924.1 Methadone and Prescription Medication
CPS June 2010
Methadone
If the parent tests positive for methadone, the caseworker:
• obtains a release (Form 2062Word DocumentDFPS Release of Confidential Information to DSHS/Substance Abuse Services) from the parent;
• verifies with the methadone clinic, that the parent has a prescription for methadone and is taking methadone as prescribed; and
• assesses the effect that the methadone dosage has on the parent's ability to provide consistent and safe supervision of the children.
Prescription Medicine
Similar to methadone, the caseworker must assess the effect that prescription medications have on a parent's ability to provide supervision and to keep children safe.
To determine whether the client is taking his or her medication as prescribed, the caseworker must check with the client's medical provider.
For the caseworker to obtain the information from the medical provider, the client needs to sign a consent-to-release form (Form 2062Word DocumentDFPS Release of Confidential Information to DSHS/Substance Abuse Services).
If the client refuses to sign the release form, the caseworker consults with the supervisor about whether to request legal intervention.
http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_1923.asp
Shared via Bing search
CPS June 2010
A diluted sample indicates that a client drank a large amount of water at some time before the drug test.
When the lab indicates that a sample is diluted, the caseworker can take one the following actions to arrive at a conclusion about the client's use:
• Have the client retested
• Request a different type of testing, such as requesting a hair follicle test instead of a urine test
• Rely on credible evidence obtained through observation, information from collateral sources (such as a teacher, neighbor, or family doctor), and the case history
1923.3 Instant (Swab) Tests and Court Hearings
CPS June 2010
An instant test is a swabbing of a client's oral fluids. The test is performed by a caseworker to test for recent drug use. If possible, the test results are confirmed by a laboratory.
Using the Tests in Court
Before presenting the results of instant swab tests as evidence in court, the caseworker mustobtain confirmation from a laboratory.
1923.4 Using Acceptable Contractors to Obtain Test Results
CPS June 2010
DFPS accepts lab test results from physicians, hospitals, the legal system (such as the adult probation department), and providers of substance abuse treatment in order to assess safety and to assess the need for services and treatment.
1923.5 Frequency of Random Substance Abuse Testing
CPS June 2010
In general, the caseworker may conduct random drug tests when substance abuse laboratory testing is allowed under 1920Substance Abuse Testing; that is, when:
• a case is scheduled for closure;
• reunification of the child with his or her family is contemplated;
• there are changes in the parent's appearance, behavior, or affect;
• new information is received about possible substance abuse;
• the client has terminated substance abuse treatment;
• the client shows signs of returning to seeking and using drugs, including associating with former friends and family members who use drugs; keeping drug paraphernalia in the home; or making statements minimizing or denying having a problem with drugs or alcohol;
• the client refuses to create a relapse safety plan (see 1966Developing a Safety Plan in Case a Client Relapses);
• the client minimizes or denies seeking and using drugs seeking and after test results come back positive;
• there are signs that abstinence is being threatened; for example, when a client increases the amount of alcohol consumed or begins to smoke cigarettes frequently to relieve anxiety;
• the client has made minimal or no effort to mitigate the substance abuse related problems that led to abuse and neglect;
• the client is not involved in substance abuse treatment or aftercare, even though it was recommended; and
• the regional substance abuse specialist recommends testing.
Hair Follicle Testing
The caseworker determines the frequency with which random hair follicle testing may be conducted, by following regional protocols.
1923.6 Situations Not Appropriate for Drug Testing
CPS June 2010
It is not appropriate for a caseworker to arrange for drug testing when a parent is:
• actively involved in substance abuse treatment and the treatment provider conducts random testing that is based on laboratory confirmation.
• randomly tested by another entity, such as a probation department or drug court, and the test is confirmed by a laboratory. The caseworker must check into the frequency of testing by the other entity, before random testing is discontinued by CPS.
1923.7 Discontinuing Drug Testing
CPS June 2010
The caseworker must discuss with the supervisor and the client's treatment provider when contemplating discontinuing routine drug testing.
The discontinuation or modification of routine drug testing may be considered when:
• A parent does not exhibit substance seeking and using behaviors (for example, when associating with former friends or family members who use drugs; keeping drug paraphernalia in the home; or making statements minimizing or denying having a problem with drugs or alcohol); and
• The parent has a consistent pattern of negative tests results.
1923.8 Assessing Test Results or Accepting an Admission
CPS June 2010
Positive Result
The caseworker must assess a positive drug test result in relationship to the child's safety and risk. The result must be discussed with the parent in a timely manner.
If a parent with a positive drug result is not engaged in substance abuse treatment and is actively parenting a child, the caseworker refers the parent to:
• a provider of outreach, screening, assessment, and referral (OSAR) services or
• a provider of substance abuse treatment.
The threshold that makes a referral appropriate is based on the definition of a child not being safe. That is, a child is not safe when:
• threats or dangers exist in the family that are related to substance use;
• the child is vulnerable to such threats; and
• the parent who is using substances does not have sufficient protective capacities to manage or control threats.
Client Admission
A client's verbal or written admission is accepted as a positive result of drug use; however good casework practice calls for getting the client to sign a statement of use.
Testing to Rule Out Under-Reporting
If a client admits to drug use, is not engaged in treatment, and is actively parenting children, the caseworker may consider referring the client to a substance abuse provider for screening, assessment, or treatment.
Referral may be necessary because clients sometimes under-report drug use or do not admit to all of the substances that they have used.
Clients likewise may under-report:
• the frequency with which they use dugs,
• the quantity of drugs they use, and
• the amount of money they spend on the drugs.
Negative Result
When the result of a parent's drug test is negative, the caseworker:
• notifies the parent about the result in a timely manner; and
• encourages the parent's abstinence and provides positive feedback.
Refusal to Test
When testing is appropriate under1920 Substance Abuse Testing, but the client refuses to take a drug test, the caseworker must document the refusal to be tested.
If a parent refuses to take a drug test or refuses to allow a child who is an alleged perpetrator to be tested, the caseworker consults with the supervisor in a staffing meeting. The supervisor may recommend legal intervention, if the evidence raises concern for the child's safety.
For cases under court jurisdiction, the caseworker must notify the judge and attorneys about the client's refusal to test.
1923.9 Documenting Prescribed Medicine Before Offering Drug Testing
CPS June 2010
When testing is appropriate under 1920 Substance Abuse Testing, the caseworker must document any prescribed medication that the client is taking.
The documentation may be made by:
• completing a regional form; or
• entering the details in theContact Narrativein the IMPACT system.
The caseworker must share the information about the client's medication with the lab's medical review officer (MRO).
1924 Special Situations Related to Substance Abuse
1924.1 Methadone and Prescription Medication
CPS June 2010
Methadone
If the parent tests positive for methadone, the caseworker:
• obtains a release (Form 2062Word DocumentDFPS Release of Confidential Information to DSHS/Substance Abuse Services) from the parent;
• verifies with the methadone clinic, that the parent has a prescription for methadone and is taking methadone as prescribed; and
• assesses the effect that the methadone dosage has on the parent's ability to provide consistent and safe supervision of the children.
Prescription Medicine
Similar to methadone, the caseworker must assess the effect that prescription medications have on a parent's ability to provide supervision and to keep children safe.
To determine whether the client is taking his or her medication as prescribed, the caseworker must check with the client's medical provider.
For the caseworker to obtain the information from the medical provider, the client needs to sign a consent-to-release form (Form 2062Word DocumentDFPS Release of Confidential Information to DSHS/Substance Abuse Services).
If the client refuses to sign the release form, the caseworker consults with the supervisor about whether to request legal intervention.
http://www.dfps.state.tx.us/handbooks/CPS/Files/CPS_pg_1923.asp
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Children Sleeping In CPS offices...
Texas
Published 07/12 2016 11:23AMUpdated 07/12 2016 11:39AM
AUSTIN, Texas (KXAN) — So far this year, nearly 600 kids were taken from their homes in Travis County due to abuse or neglect.
As of June 1, just under 1,100 kids are in the Texas foster care system in need of a home. State lawmakers are holding a hearing on Tuesday to discuss what can be done to improve the Department of Family and Protective Services.
Some local foster children are forced to eat, sleep, and shower in state office buildings because there aren’t enough homes to care for them. The hearing at the Capitol will focus on how to make Texas a safer place for foster children. Lawmakers will strategize how they can create an environment where the kids can grow up to be healthy, successful in school and ultimately stable adults.
Kate Murphy, a Senior Policy Advocate for Texans Care for Children, joined KXAN in studio to tell you what is being done to improve the lives of foster care kids.
“We are definitely starting to make progress,” said Murphy. “You hear about all of these tragedies, all of these sad stories, but we’re really working to make changes. There are some new program and pilot projects in place.”
According to Murphy, the primary need in Texas is for more case workers. National standards mandate that case workers see 17 kids each month; however, that is not the case in Texas.
“Right now our case workers are stretched so thin they’re trying to see like 30 kids a day, running all over town trying to protect the lives of 30 different kids,” said Murphy.
Tuesday, July 12 at 6 p.m., there is a meeting where you can learn how to become a foster parent. The meeting is at the Child Protective Services Office on 14000 Summit Drive near MoPac and Wells Branch in North Austin.
Murphy concluded saying, “The one thing that really makes a difference in the life of a kid who’s experienced the type of trauma that these kids have seen, is a stable caring adult in their life.”
Article from KXAN.com
Copyright 2016 Nexstar Broadcasting
http://www.bigcountryhomepage.com/news/main-news/children-sleeping-in-state-offices-due-to-foster-parent-shortage-in-texas
Published 07/12 2016 11:23AMUpdated 07/12 2016 11:39AM
AUSTIN, Texas (KXAN) — So far this year, nearly 600 kids were taken from their homes in Travis County due to abuse or neglect.
As of June 1, just under 1,100 kids are in the Texas foster care system in need of a home. State lawmakers are holding a hearing on Tuesday to discuss what can be done to improve the Department of Family and Protective Services.
Some local foster children are forced to eat, sleep, and shower in state office buildings because there aren’t enough homes to care for them. The hearing at the Capitol will focus on how to make Texas a safer place for foster children. Lawmakers will strategize how they can create an environment where the kids can grow up to be healthy, successful in school and ultimately stable adults.
Kate Murphy, a Senior Policy Advocate for Texans Care for Children, joined KXAN in studio to tell you what is being done to improve the lives of foster care kids.
“We are definitely starting to make progress,” said Murphy. “You hear about all of these tragedies, all of these sad stories, but we’re really working to make changes. There are some new program and pilot projects in place.”
According to Murphy, the primary need in Texas is for more case workers. National standards mandate that case workers see 17 kids each month; however, that is not the case in Texas.
“Right now our case workers are stretched so thin they’re trying to see like 30 kids a day, running all over town trying to protect the lives of 30 different kids,” said Murphy.
Tuesday, July 12 at 6 p.m., there is a meeting where you can learn how to become a foster parent. The meeting is at the Child Protective Services Office on 14000 Summit Drive near MoPac and Wells Branch in North Austin.
Murphy concluded saying, “The one thing that really makes a difference in the life of a kid who’s experienced the type of trauma that these kids have seen, is a stable caring adult in their life.”
Article from KXAN.com
Copyright 2016 Nexstar Broadcasting
http://www.bigcountryhomepage.com/news/main-news/children-sleeping-in-state-offices-due-to-foster-parent-shortage-in-texas
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