Monday, January 27, 2020

Arizona Child Abuse Laws

Arizona child abuse laws criminalize physical, emotional, or sexual abuse of minors and also require certain third parties with knowledge of the abuse to report it to the authorities. In Arizona, professionals with access to children (such as teachers and pediatricians) are required to report suspected cases of child abuse. The Arizona Department of Child Safety (DCS) investigates reports of child abuse (and neglect) in the state.

According to the Arizona DCS child abuse and neglect can occur in different forms, including:

  • Physical abuse -- non-accidental physical injuries such as bruises, broken bones, burns, cuts or other injuries.
  • Sexual abuse -- when sex acts are performed with children. Using children in pornography, prostitution or other types of sexual activity is also sexual abuse.
  • Neglect -- when children are not given necessary care for illness or injury; leaving young children unsupervised or alone, locked in or out of the house, or without adequate clothing, food, or shelter. Allowing children to live in a very dirty house which could be a health hazard may also qualify as neglect.
  • Emotional abuse of a child -- severe anxiety, depression, withdrawal or improper aggressive behavior as diagnosed by a medical doctor or psychologist, and caused by the acts or omissions of the parent or caretaker. • Exploitation -- use of a child by a parent, guardian or custodian for material gain.
  • Abandonment -- the failure of the parent to provide reasonable support and to maintain regular contact with the child, including providing normal supervision, when such failure is intentional and continues for an indefinite period.

The following table touches on the basics of Arizona child abuse law. See Child Abuse Overview to learn more.

Code Section13-36208-201
What Constitutes AbuseInfliction or allowing of physical injury, impairment of bodily function or disfigurement, serious emotional damage diagnosed by a doctor or psychologist, and as evidenced by severe anxiety, depression, withdrawal, or aggressive behavior caused by acts or omissions of individual having care and custody of child
Mandatory Reporting Required ByPhysician, resident, dentist, chiropractor, medical examiner, nurse, psychologist, social worker, school personnel, peace officer, parent, counselor, clergyman/priest
Basis of Report of Abuse/neglectObservation or examination of child discloses reasonable grounds to believe minor is a victim of injury or abuse
To Whom ReportedTo peace officer or child protective services of the department of economic security
Penalty for Failure to Report or False Reporting

Note: State laws are constantly changing -- contact an Arizona criminal defense attorney or conduct your own legal research to verify the law(s) you are researching

https://statelaws.findlaw.com/arizona-law/arizona-child-abuse-laws.html
Class 1 misdemeanor

Is CPS Using Your Past Against You?

 You’ve probably noticed that many if not most CPS social workers  have no compassion for parents, grandparents, or other family members. They are hard-core family destroyers and to self-justify the evil they commit, they develop a jaded perspective that eliminates their sense of compassion and their conscience.

They convince themselves that they are primadonna child savers, while committing the worst child abuse possible in taking children from their natural families to be placed with strangers. Justification is their coping mechanism. They’ve long ago forgotten this, however. They’re now part of the system, and they know the rules.

Rule #1 is to find something wrong with the family, and for many social workers, any excuse for family destruction will do.

Thus if you are a grandparent who had a CPS investigation done on you 15 years in the past, your name was probably added to your state’s “Central Registry” – a blacklist of people whose names were made known to CPS sometime in the past. Even if your case way back then was not “founded” your name may be on the list, and that could keep you from getting kinship care custody of your grandchildren if the need for that kind of help ever arose.

If you are a parent whose child is about to be taken, if you are being investigated, you can bet the child protective services social workers are looking – not only into present circumstances – but also into your past. They may try to convince you to give them your ex-husband’s or ex-wife’s phone number so they can call to gather dirt that your ex might agree to share with them.

If you used recreational drugs thirty years ago, even if it was “just marijuana” and you were totally clean for the last thirty years, you can bet they’ll be interested in that. Despite the fact that you’re no longer a druggie, you’re going to be labeled a drug user and may be asked to take classes to prevent drug abuse, get into rehab, and submit to drug testing.

Does any of this surprise you? It surprised and shocked me when it happened to me way back in the 1980’s. It is still going on today, but in the ensuing years child protective services social workers have become even more practiced and savvy about what they do in their quest to try to prove that children are being abused by the parents of America.

So, what can you do to combat such rampant idiocy?

1. If you’re going to court, there will be a social worker’s court report which will probably be full of misunderstandings, false accusations, and insinuations that just don’t fit your life at all. You could be a big help to your lawyer by creating a document called Objections and Corrections to the Report of the Social Worker. If you don’t get to see the social worker’s court report until the day of the hearing, you can ask for a continuance so you’ll have time to make this written response. FYI – written responses are far more valuable than a few minutes of speaking time in court. Judges can easily overlook your verbal words but a written response will stay in the file forever. You will need to take your document to your attorney for final approval, and listen to what the attorney says. Most of them mean well even if court appointed attorneys are usually too busy or too poorly motivated to do an adequate job of representation in Juvenile Court cases. Do NOT write any self-incriminating facts into your legal documents. If you do – caseworkers will pounce on those words and never let you live them down.

2. In some cases something is being requested or required by social workers even though there’s no court order to allow it. In cases like that, you might want to contact the state department of social services to get a “fair hearing” which is also called an “administrative hearing.” This would entitle you to go before an Administrative Law Judge (ALJ) who is an employee of the state department of social services, who would listen to your thoughts and read any documentation you bring them. Of course the social workers would also have a chance to respond to your issues. Then the ALJ would make a written analysis of the information which would be sent to all parties and kept on file by the state. This could turn things around in your favor, especially if you used the state social services regulations to prove that the rules are not being followed correctly by the social workers.

When you give your life to Jesus, He forgives your sins and sees you as faultless. Unfortunately, most human beings are not so generous, and when it comes to CPS agents, they actively seek out your errors of the past to torture and torment you with them. A very devilish move, don’t you think?

I hope you’ll be able to get past these evil people and their plots to destroy you and take your children using any shred of information they can get their hands on. If you are guilty of something, admit it – at least to yourself – and be reasonable in your judgements about your current situation. Clean up your act, and fly straight… try to admit the truth and become a better person and parent because of what’s happening. Too often, however, parents and even grandparents are judged harshly because of something that’s no longer an aspect of their lives. Fight (in court) for your reputation and for the well-being of your children. Do what you must do to prevail in court.

http://fightcps.com/is-cps-using-your-past-against-you/


Objections and Corrections to the Report of the Social Worker

Parent’s Name]
[Street Address]
[City, State Zip Code]
[Phone #]

[Change this next part to match the header information for your court case. You should be able to get this information from other paperwork already filed in your case. Try to make the header match what they have already done.]

[Center the next four lines and type in all caps:]

IN THE [SUPERIOR] COURT OF THE STATE OF [CALIFORNIA]
IN AND FOR THE COUNTY OF [LOS ANGELES]

SITTING IN THE EXERCISE OF ITS JURISDICTION
AS THE JUVENILE COURT

 

IN THE MATTER OF:

JOHNNY DOE, JR (DOB 4-5-1992)
JANIE DOE (DOB 2-3-1996)

Persons alleged to come
within the provision of
the Juvenile Court Law.
 
_____________________________

OBJECTIONS AND CORRECTIONS
TO THE REPORT OF THE
CHILD WELFARE CASEWORKER

(get numbers from YOUR paperwork)
Clerk No. [33637, 33637]
Detention Date: March 21, 2000
Disposition Date: June 2, 2000
Review Date: December 15, 2001

To the Honorable INSERT JUDGE’S NAME HERE IN CAPS, Judge of the [Superior] Court of the State of [California], in and for the County of [Los Angeles]:

[Double space the rest of the text. Indent paragraphs ten spaces.]

The Honorable Court above-named is hereby advised that the REPORT OF THE CHILD WELFARE CASEWORKER herein, as prepared and typed is ERRONEOUS AND INCORRECT in the following particulars, to wit:

[Here’s where you get to be creative. Go through your caseworker’s court paperwork and find every error, no matter how trivial. Even trivial errors show how incompetent the person is. You will list each error separately with corrections as in the sample. This sample is derived from an actual case I worked on in 1991. The names, dates, and some details were changed. The case I worked on was dismissed after similar paperwork was given to the judge. Remember to double space everything below.]

1. Page One: JOHNNY DOE is not 8 years old. He was 10 as of April 5, 2002.

2. Page One: Mother’s name is ELIZABETH SMITH, not Doe. Address given by caseworker is incorrect.

3. Page Two: COUNT 1: “On or about March 21, 2000, minors were found to be dirty.” Minors were out playing in the yard, climbing trees to get fruit, and doing what most kids do when playing outside, getting dirty. There was nothing abnormal about their being dirty.

4. Page Two: COUNT 2: The caseworker erroneously stated, “Mother has recurrent mental problems that periodically render her unable to care for children.” Mother’s mental problem was temporary due to stress from her husband’s deportation, her father’s death, and the detention of her children by CPS. The problem is not recurrent and does not “periodically render her unable to care for the children” as suggested by the caseworker.

5. Page Three: “November 15, 2000” court date given by the caseworker is incorrect. The correct date is November 12, 2000.

6. Page Three: The Doe children were not taken after the mother was admitted to Bellview Mental Hospital. A caseworker arrived to detain the children from their grandmother’s house and then advised the mother to allow herself to be admitted to Bellview because she was grieving and upset.

7. Page Three: On March 21, 2000 when Janie and Johnny were detained from their grandmother’s home they were not injured, neglected, or abused in any way.

8. Page Three: Problems with police officer on November 1, 1999 occurred when police arrived to arrest Mr. John Doe, Sr. for deportation and the mother was cuffed and beaten by the arresting officer. This arrest does not affect or reflect on the stability of her current home life with her new husband, Mr. Thomas Smith.

9. Page Three: Mother quit her job on June 20, 2001, not “shortly after her marriage” as stated by the caseworker. The job is no longer needed for support of the family as her new husband is earning enough to support them and is willing to do so. Mother is needed at home to care for the children.

10. Page Three: Date of marriage to Thomas Smith is incorrect. The correct date is November 29, 2000.

11. Page Three: “Mrs.”, not “Ms.” – The caseworker knows that Mrs. Smith is not separated from her husband, but throughout the report she implies that Mr. and Mrs. Smith are not together.

12. Page Three: While her husband was visiting family in Nevada, Mrs. Smith called Dr. Hoar only twice for advice during a two week period, not “frequently” as stated by the caseworker, and those calls were only about Johnny’s behavior, not about both children.

13. Page Three: Mrs. Smith has not only “largely complied” with the Reunification Plan, she has completely complied with all aspects of the plan.

14. Page Three: Mrs. Smith never told Dr. Hoar that she “couldn’t handle Johnny anymore and wanted to give him up,” as stated by the caseworker. What actually happened is that Dr. Hoar tried to talk Mrs. Smith into giving him up and putting him in a mental hospital. Mrs. Smith did not want to do that. During the session Mrs. Smith did not state that she had been upset.

15. Page Four: Janie does not have “sporadic behavior problems” in her home or at school as suggested by the caseworker. At home the mother has never seen indications of such problems and has received no such reports from Headstart. Attached please find “Exhibit A” – a letter from Headstart stating they have not observed or complained of any “sporadic behavior problems” from Janie.

16. Page Four: Johnny’s behavior problems are only occasional and not a “continuous problem” as stated by the caseworker in her report. Attached please find “Exhibit B” – an evaluation of Johnny’s behavior by Dr. Goodman in San Francisco, dated November 3, 2001.

17. Page Four: The improvement in Mrs. Smith’s parenting has been going on for years, not just for the last few months. Attached please find “Exhibit C” and “Exhibit D” – certificates of completion provided by parenting class instructors in January 1997 and November 2000.

18. Page Four: There has been no “substantial, recent regression” due to a separation from Mr. Smith. Mr. and Mrs. Smith are still living together; he simply took a two week vacation to Nevada to visit his sick mother. Therefore this should not be used as a basis for the caseworker’s request for another six months of services at taxpayers’ expense.

19. Page Four: Dr. Hoar wants the case prolonged for another six months because once the case is dismissed the mother will find a different therapist, and Dr. Hoar will no longer be receiving CPS money for seeing her and her children. Therefore, Dr. Hoar’s report should not be considered by the court. Mrs. Smith intends to find another therapist for the children when the case is dismissed as the children do not like seeing Dr. Hoar as therapist, and are even afraid to tell this to him. Under these circumstances, it is unlikely the children will progress adequately in therapy. For these reasons, Mrs. Smith’s request to have Dr. Hoar removed from the case can hardly be called “an indication of poor judgement” as stated by the caseworker. She did so solely for the benefit of the children and with concerned regard for their psychological functioning.

20. Page Four: Recommendation that the minors be readjudged dependents of the Juvenile Court is inappropriate as the family has been functioning well during the last six months that they have been together. The case should be closed at this time.

21. Pages Four and Five: Recommendations 2, 4, and 5 are also inappropriate as the case should be closed.

22. Pages Six and Seven: Service Plan for mother and caseworker is inappropriate as the case should be closed.

Executed 10 December 2001 at Los Angeles, California.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

(Signature) Elizabeth Smith

Sample form created by: Linda J. Martin, http://www.fightcps.com

The “Statement of Objections and Corrections to the Report of the Social Worker” (or Child Welfare Caseworker, or Psychologist) should be typed, edited for spelling and grammar, and when perfect, given to your attorney.

If you have a court appointed attorney who refuses to meet with you, I suggest you type a very brief cover letter, then take two copies to the attorney’s office. Ask the front-desk clerk to datestamp YOUR copy so you’ll have verification that you submitted this to your attorney. You should include your phone number on your cover letter and request that the attorney contact you about using the document in court.

If you are too late to get this to your attorney before court, take four copies to court with you – one for your records, one for the judge, one for your attorney, and one for the county counsel. Everyone must have a copy. Your attorney may decide to request a continuance so he/she can study the document before giving it to the judge and county counsel. A continuance is difficult (waiting to be with your child again is sheer hell, I know) but it might be the wisest way to handle the fact that you’re now bringing in your own documentation to help prove your side of the case.

Good luck with this! If you need more feedback about this “Statement of Objections and Corrections to the Report of the Social Worker” you’re welcome to register at the FightCPS Message Board and discuss it with other victims of child welfare services.



http://fightcps.com/sample-statement-of-objections-and-corrections-to-the-report-of-the-social-worker/

Saturday, January 18, 2020

Parental Rights Lawyer

Giordano & Heckele, PLLC
An Arizona Law Firm
Overall rating: ★★★★★ based on 21 reviews

Arizona Bill Would Terminate Parental Rights More Quickly in Substance Use Cases

The Arizona legislature may vote on a bill that would quicken the pace at which parents struggling with drug addiction could lose their parental rights.

The bill – Senate Bill 1452 – would speed up the timeline for the termination of parental rights, allow adoption of these children more quickly and deny access to services like addiction treatment for parents.

Under the bill, prenatal exposure to drugs would also be grounds for the termination of parental rights, in some cases. Its “aggravating circumstances” provision would require that certain cases move to a trial to end parental rights within 24 to 40 days after Arizona’s Department of Child Safety takes a child into custody.

The bill moved out of committee just days after President Donald Trump signed the Family First Prevention Services Act into law, which will soon allow states to draw down federal child welfare funds to keep families together during battles with drug addiction. Those funds would be available for youth who the state determines would need to enter foster care without the presence of treatment services for the parent.

Family First represents the first time federal child welfare funding has been amended since the passage of the Adoption and Safe Families Act (ASFA) of 1997. Under ASFA, the timeline for reunification was shortened, specifying that parental rights should be terminated if a child had been in foster care for 15 of the previous 22 months. Part of the rationale for this timeline, according to advocates, was that it often took months for parents to access the services required by their case plan.

Supporters of the Arizona bill say it is in the best interest of children to further shorten the timeline for reunification or adoption.

“This is about getting the clock to work for children,” Darcy Olson said to the Arizona Republic. Olson is the founder of Generation Justice, an advocacy organization focused on children’s rights.

Critics of the bill say it looks like an effort to make more infants available for adoption, according to the Republic. The bill targets children from birth to age 3.

“It’s just writing people off,” Sen. Katie Hobbs, D-Phoenix, told the Republic. “Substance abuse and addiction is a medical condition. We know from research that relapse is a common occurrence.”

SB 1452 was sponsored by Republican State Sens. Nancy Barto and Kate Brophy McGee. McGee reversed her position on the bill when it came time for the Senate to vote, citing its lack of detail and asking budget staff to estimate the potential cost to the state of speeding up the legal process.

Recent federal data show that babies are at higher risk of death than other children, especially when a parent has substance abuse issues.

The federal 2016 child maltreatment report found that babies under a year old died from abuse and neglect at three times the rate of children who were age 1 or older. It also found that, among states that collect the data, 5.7 percent of child fatalities had an alcohol-addicted caregiver and 15.1 percent had a drug-addicted caregiver.

2017 study looking at Arizona found that, among neglect cases, substance abuse by the caregiver was found in 55 percent of the cases where a child was removed from their home within 30 days of a maltreatment report.


https://chronicleofsocialchange.org/politics/arizona-bill-terminate-parental-rights-quickly-substance-use-cases/29885

Legal Standard for Termination of Parental Rights in Arizona

https://www.hildebrandlaw.com/legal-standard-for-termination-of-parental-rights

New York law allowed the state to terminate the rights of parents if the court found that a child was “permanently neglected.” The law required that a “fair preponderance of the evidence” support that finding.

Does the Due Process Clause require a higher standard than preponderance of the evidence? In Santosky v. Kramer, 455 U.S. 745 (1982), the U.S. Supreme Court addressed this issue.

Facts and Procedure

Mrs. and Mr. Santosky lived in New York with their two minor children, T and J In 1974, Mrs. Santosky gave birth to a third child, JS. The Department of Social Services of Ulster County initiated child neglect proceedings against the parents. Ultimately, all three children were placed with foster parents.

In 1978, Social Services asked the court to terminate petitioners’ parental rights in the three children under the Family Court Act. This law set out the burden of proof at a “fair preponderance of the evidence.”

Mrs. and Mr. Santosky claimed that standard was too low and that it violated their due process rights. The court rejected this challenge. Applying that standard, it found that the best interests of the three children required permanent termination of the Santoskys’ custody.

Mrs. and Mr. Santosky appealed to the New York Supreme Court and then the New York Court of Appeals. Both courts ruled against them.

The U.S. Supreme Court granted certiorari to consider this constitutional claim.

Due Process Clause Protections Apply

The Supreme Court stated that due process protections apply when the state seeks to terminate a parent/child relationship. The fundamental interest of parents in their child continues even if they lose temporary custody of their child. When the State moves to destroy weakened familial bonds, it must provide fundamentally fair procedures.

The process required in termination proceedings turns on the three factors discussed in Mathews v. Eldridge, 424 U.S. 319, 335 (1976). These are: •

  • the private interests affected by the proceeding
  •  the risk of error created by the State’s chosen procedure
  •  the countervailing governmental interest in supporting the use of the challenged procedure.

Applying Eldridge Factors

Private Interest Affected

Here, the parental interest affected by the proceeding is of great importance. A parent’s right to the companionship, care, and custody of children is an interest far more precious than any property right. A parent’s interest in a decision to terminate parental status is, therefore, a powerful one. Thus, the first Eldridge factor, the private interest affected, weighs heavily against use of the preponderance standard.

Risk of Error

The second factor is the risk of error resulting from the use of a “fair preponderance” standard. In New York, the fact-finding phase of a neglect proceeding is an adversary procedure between the State and the parents. Does the preponderance standard fairly allocate the risk of error between these two parties?

In New York, this stage of the neglect proceeding looks a lot like a criminal trial. At such a proceeding, many factors combine to magnify the risk of error. The standards are imprecise and leave determinations open to the subjective values of the judge. The proceedings are often vulnerable to judgments based on cultural or class bias.

The State is far more capable of assembling a case than the parents. And parents have few litigation options. They have no “double jeopardy” defense against repeated state termination efforts. If the State initially fails to win a termination, it always can try again. Even when the parents get their lives in order, they cannot prevent more termination efforts.

These factors, taken together, create a significant prospect of an erroneous termination. This standard of proof demands consideration of the quantity, rather than the quality, of the evidence.

As such, it may misdirect the factfinder in the marginal case. Even if a preponderance standard allocates the risk of error equally between outcomes, it does not reflect correctly their relative severity.


Countervailing State Interest

The Supreme Court identified two state interests at stake in parental rights termination proceedings. One is an interest in preserving and promoting the welfare of the child. The second is a fiscal and administrative interest in reducing the cost and burden of such proceedings.

The Court found that a stricter standard of proof would reduce factual error without imposing substantial financial burdens upon the State. It ruled that a standard of proof more strict than a preponderance of the evidence is consistent with both interests.

In short, the “fair preponderance of the evidence” standard prescribed by New York law violates the Due Process Clause of the Fourteenth Amendment. The next question is whether a “beyond a reasonable doubt” or a “clear and convincing” standard is constitutionally mandated.

Clear and Convincing Standard

Most States use a “clear and convincing evidence” standard in termination of parental rights proceedings. The Court found that this standard strikes a fair balance between the rights of the natural parents and the State’s legitimate concerns. The Court left a determination of the precise burden to the states, as long as it is equal to or greater than the “clear-and-convincing” standard.

Disposition

The U.S. Supreme Court reversed the decision below and remanded for further proceedings.


Thursday, January 16, 2020

understanding search and seizure law

 the 4th amendment to the Constitution u.s. Constitution places limits on the power of the police to make arrest search people and their property and sees objects and Contraband such as illegal drugs and four weapons these limits are the Bedrock of the search and seizure law.

 The Fourth Amendment protecting your privacy.
The rights of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no warrants shall issue but upon probable cause supported by oath of affirmation and particularly describing a place to be searched and the persons or things to be seized. the search and seizure provisions of the Fourth Amendment are all about privacy to home this Freedom the fourth amendment protects against unreasonable searches and seizures by some or federal law enforcement authorities.
The flip side is that the Fourth Amendment does permit searches and seizures that are considered reasonable. In practice this means that the police May override your privacy concerns and conduct a search of your home Barn car boat office personal or business documents bank account records trash barrel or whatever if a the police have probable cause to believe that they can find evidence that you committed a crime and a judge issues a search warrant or be the particular circumstances justify the search warrant a warrant first be issued. the fourth amendment applies in a search only if the person had the legitimate expectation of privacy in the place or thing searched if not the Fourth Amendment offers no protection because they are by definition no privacy issues.

Tuesday, January 7, 2020

Brain Washing Techniques

ix Conversion Techniques

Cults and human-potential organizations are always looking for new converts. To attain them, they must also create a brain-phase. And they often need to do it within a short space of time--a weekend, or maybe even a day. The following are the six primary techniques used to generate the conversion.

Isolation Intimidation, Deprivation and Indoctrination

The meeting or training takes place in an area where participants are cut off from the outside world. This may be any place: a private home, a remote or rural setting, or even a hotel ballroom where the participants are allowed only limited bathroom usage. In human-potential trainings, the controllers will give a lengthy talk about the importance of "keeping agreements" in life. The participants are told that if they don't keep agreements, their life will never work. It's a good idea to keep agreements, but the controllers are subverting a positive human value for selfish purposes. The participants vow to themselves and their trainer that they will keep their agreements. Anyone who does not will be intimidated into agreement or forced to leave. The next step is to agree to complete training, thus assuring a high percentage of conversions for the organizations.

They will usually have to agree not to take drugs, smoke, and sometimes not to eat...or they are given such short meal breaks that it creates tension. The real reason for the agreements is to alter internal chemistry, which generates anxiety and hopefully causes at least a slight malfunction of the nervous system, which in turn increases the conversion potential.


The "Sell It By Zealot" Technique

Before the gathering is complete, the agreements will be used to ensure that the new converts go out and find new participants. They are intimidated into agreeing to do so before they leave. Since the importance of keeping agreements is so high on their priority list, the converts will twist the arms of everyone they know, attempting to talk them into attending a free introductory session offered at a future date by the organization. The new converts are zealots. In fact, the inside term for merchandising the largest and most successful human-potential training is, "sell it by zealot!"

At least a million people are graduates and a good percentage have been left with a mental activation button that assures their future loyalty and assistance if the guru figure or organization calls. Think about the potential political implications of hundreds of thousands of zealots programmed to campaign for their guru.

Be wary of an organization of this type that offers follow-up sessions after the seminar. Follow-up sessions might be weekly meetings or inexpensive seminars given on a regular basis which the organization will attempt to talk you into taking--or any regularly scheduled event used to maintain control. As the early Christian revivalists found, long-term control is dependent upon a good follow-up system.

Wearing Down Resistance

Alright. Now, let's look at the second tip-off that indicates conversion tactics are being used. A schedule is maintained that causes physical and mental fatigue. This is primarily accomplished by long hours in which the participants are given no opportunity for relaxation or reflection.

Increasing Tension

The third tip-off: techniques used to increase the tension in the room or environment.

Introducing Uncertainty About Identity

Number four: Uncertainty. I could spend hours relating various techniques to increase tension and generate uncertainty. Basically, the participants are concerned about being "put on the spot" or encountered by the trainers, guilt feelings are played upon, participants are tempted to verbally relate their innermost secrets to the other participants or forced to take part in activities that emphasize removing their masks. One of the most successful human-potential seminars forces the participants to stand on a stage in front of the entire audience while being verbally attacked by the trainers. A public opinion poll, conducted a few years ago, showed that the number one most-fearful situation an individual could encounter is to speak to an audience. It ranked above window washing outside the 85th floor of an office building.

So you can imagine the fear and tension this situation generates within the participants. Many faint, but most cope with the stress by mentally going away. They literally go into an alpha state, which automatically makes them many times as suggestible as they normally are. And another loop of the downward spiral into conversion is successfully effected.

Jargon

The fifth clue that conversion tactics are being used is the introduction of jargon--new terms that have meaning only to the "insiders" who participate. Vicious language is also frequently used, purposely, to make participants uncomfortable.

Lack of Humor: No Release, No Resistance

The final tip-off is that there is no humor in the communications...at least until the participants are converted. Then, merry-making and humor are highly desirable as symbols of the new joy the participants have supposedly "found."

Not Always a Bad Thing

I'm not saying that good does not result from participation in such gatherings. It can and does. But I contend it is important for people to know what has happened and to be aware that continual involvement may not be in their best interest.

Over the years, I've conducted professional seminars to teach people to be hypnotists, trainers, and counselors. I've had many of those who conduct trainings and rallies come to me and say, "I'm here because I know that what I'm doing works, but I don't know why." After showing them how and why, many have gotten out of the business or have decided to approach it differently or in a much more loving and supportive manner.

Many of these trainers have become personal friends, and it scares us all to have experienced the power of one person with a microphone and a room full of people. Add a little charisma and you can count on a high percentage of conversions. The sad truth is that a high percentage of people want to give away their power--they are true "believers"!

Cults: A Captive Course in Stockholm Syndrome

Cult gatherings or human-potential trainings are an ideal environment to observe first-hand what is technically called the "Stockholm Syndrome." This is a situation in which those who are intimidated, controlled, or made to suffer, begin to love, admire, and even sometimes sexually desire their controllers or captors.

But let me inject a word of warning here: If you think you can attend such gatherings and not be affected, you are probably wrong. A perfect example is the case of a woman who went to Haiti on a Guggenheim Fellowship to study Haitian Voodoo. In her report, she related how the music eventually induced uncontrollable bodily movement and an altered state of consciousness. Although she understood the process and thought herself above it, when she began to feel herself become vulnerable to the music, she attempted to fight it and turned away. Anger or resistance almost always assures conversion. A few moments later she was possessed by the music and began dancing in a trance around the Voodoo meeting house. A brain phase had been induced by the music and excitement, and she awoke feeling reborn.

The Only Hope of Immunity

The only hope of attending such gatherings without being affected is to be a Buddha and allow no positive or negative emotions to surface. Few people are capable of such detachment.

The US Marines as a Brainwashing Cult

Before I go on, let's go back to the six tip-offs to conversion. I want to mention the United States Government and military boot camp. The Marine Corps talks about breaking men down before "rebuilding" them as new men--as marines! Well, that is exactly what they do, the same way a cult breaks its people down and rebuilds them as happy flower sellers on your local street corner. Every one of the six conversion techniques are used in boot camp. Considering the needs of the military, I'm not making a judgement as to whether that is good or bad. IT IS A fact that the men are effectively brainwashed. Those who won't submit must be discharged or spend much of their time in the brig.

Steps in the Decognition Process

Once the initial conversion is effected, cults, armed services, and similar groups cannot have cynicism among their members. Members must respond to commands and do as they are told, otherwise they are dangerous to tthe organizational control. This is normally accomplished as a three-step ˜ Decognition Process.

Alertness reduction

Step One is alertness reduction: The controllers cause the nervous system to malfunction, making it difficult to distinguish between fantasy and reality. This can be accomplished in several ways. poor diet is one; watch out for Brownies and Koolaid. The sugar throws the nervous system off. More subtle is the "spiritual diet" used by many cults. They eat only vegetables and fruits; without the grounding of grains, nuts, seeds, dairy products, fish or meat, an individual becomes mentally "spacey." Inadequate sleep is another primary way to reduce alertness, especially when combined with long hours of work or intense physical activity. Also, being bombarded with intense and unique experiences achieves the same result.

Programmed Confusion

Step Two is programmed confusion: You are mentally assaulted while your alertness is being reduced as in Step One. This is accomplished with a deluge of new information, lectures, discussion groups, encounters or one-to-one processing, which usually amounts to the controller bombarding the individual with questions. During this phase of decognition, reality and illusion often merge and perverted logic is likely to be accepted.

Thought Stopping

Step Three is thought stopping: Techniques are used to cause the mind to go "flat." These are altered-state-of-consciousness techniques that initially induce calmness by giving the mind something simple to deal with and focusing awareness. The continued use brings on a feeling of elation and eventually hallucination. The result is the reduction of thought and eventually, if used long enough, the cessation of all thought and withdrawal from everyone and everything except that which the controllers direct. The takeover is then complete. It is important to be aware that when members or participants are instructed to use "thought-stopping" techniques, they are told that they will benefit by so doing: they will become "better soldiers" or "find enlightenment."

Thought Stopping Techniques

Marching

There are three primary techniques used for thought stopping. The first is marching: the thump, thump, thump beat literally generates self-hypnosis and thus great susceptibility to suggestion.

Meditation

The second thought stopping technique is meditation. If you spend an hour to an hour and a half a day in meditation, after a few weeks, there is a great probability that you will not return to full beta consciousness. You will remain in a fixed state of alpha for as long as you continue to meditate. I'm not saying this is bad--if you do it yourself. It may be very beneficial. But it is a fact that you are causing your mind to go flat. I've worked with meditators on an EEG machine and the results are conclusive: the more you meditate, the flatter your mind becomes until, eventually and especially if used to excess or in combination with decognition, all thought ceases. Some spiritual groups see this as nirvana--which is bullshit. It is simply a predictable physiological result. And if heaven on earth is non-thinking and non-involvement, I really question why we are here.

Chanting

The third thought-stopping technique is chanting, and often chanting in meditation. "Speaking in tongues" could also be included in this category.

All three-stopping techniques produce an altered state of consciousness. This may be very good if you are controlling the process, for you also control the input. I personally use at least one self-hypnosis programming session every day and I know how beneficial it is for me. But you need to know if you use these techniques to the degree of remaining continually in alpha that, although you'll be very mellow, you'll also be more suggestible.

True Believers and Mass Movements

Before ending this section on conversion, I want to talk about the people who are most susceptible to it and about Mass Movements. I am convinced that at least a third of the population is what Eric Hoffer calls "true believers." They are joiners and followers...people who want to give away their power. They look for answers, meaning, and enlightenment outside themselves.

Hoffer, who wrote "The True Believer", a classic on mass movements, says, "true believers are not intent on bolstering and advancing a cherished self, but are those craving to be rid of unwanted self. They are followers, not because of a desire for self-advancement, but because it can satisfy their passion for self-renunciation!" Hoffer also says that true believers "are eternally incomplete and eternally insecure"!

I know this from my own experience. In my years of communicating concepts and conducting trainings, I have run into them again and again. All I can do is attempt to show them that the only thing to seek is the True Self within. Their personal answers are to be found there and there alone. I communicate that the basics of spirituality are self-responsibility and self-actualization. But most of the true believers just tell me that I'm not spiritual and go looking for someone who will give them the dogma and structure they desire.

Never underestimate the potential danger of these people. They can easily be molded into fanatics who will gladly work and die for their holy cause. It is a substitute for their lost faith in themselves and offers them as a substitute for individual hope. The Moral Majority is made up of true believers. All cults are composed of true believers. You'll find them in politics, churches, businesses, and social cause groups. They are the fanatics in these organizations.

Mass Movements will usually have a charismatic leader. The followers want to convert others to their way of living or impose a new way of life--if necessary, by legislating laws forcing others to their view, as evidenced by the activities of the Moral Majority. This means enforcement by guns or punishment, for that is the bottomline in law enforcement.

A common hatred, enemy, or devil is essential to the success of a mass movement. The Born-Again Christians have Satan himself, but that isn't enough--they've added the occult, the New Age thinkers and, lately, all those who oppose their integration of church and politics, as evidenced in their political reelection campaigns against those who oppose their views. In revolutions, the devil is usually the ruling power or aristocracy. Some human-potential movements are far too clever to ask their graduates to join anything, thus labeling themselves as a cult--but, if you look closely, you'll find that their devil is anyone and everyone who hasn't taken their training.

There are mass movements without devils but they seldom attain major status. The True Believers are mentally unbalanced or insecure people, or those without hope or friends. People don't look for allies when they love, but they do when they hate or become obsessed with a cause. And those who desire a new life and a new order feel the old ways must be eliminated before the new order can be built.

Persuasion Techniques

Persuasion isn't technically brainwashing but it is the manipulation of the human mind by another individual, without the manipulated party being aware what caused his opinion shift. I only have time to very basically introduce you to a few of the thousands of techniques in use today, but the basis of persuasion is always to access your right brain. The left half of your brain is analytical and rational. The right side is creative and imaginative. That is overly simplified but it makes my point. So, the idea is to distract the left brain and keep it busy. Ideally, the persuader generates an eyes-open altered state of consciousness, causing you to shift from beta awareness into alpha; this can be measured on an EEG machine.

"Yes Set"

First, let me give you an example of distracting the left brain. Politicians use these powerful techniques all the time; lawyers use many variations which, I've been told, they call "tightening the noose."

Assume for a moment that you are watching a politician give a speech. First, he might generate what is called a "yes set." These are statements that will cause listeners to agree; they might even unknowingly nod their heads in agreement. Next come the truisms. These are usually facts that could be debated but, once the politician has his audience agreeing, the odds are in the politician's favor that the audience won't stop to think for themselves, thus continuing to agree. Last comes the suggestion. This is what the politician wants you to do and, since you have been agreeing all along, you could be persuaded to accept the suggestion. Now, if you'll listen closely to my political speech, you'll find that the first three are the "yes set," the next three are truisms and the last is the suggestion.

"Ladies and gentlemen: are you angry about high food prices? Are you tired of astronomical gas prices? Are you sick of out-of-control inflation? Well, you know the Other Party allowed 18 percent inflation last year; you know crime has increased 50 percent nationwide in the last 12 months, and you know your paycheck hardly covers your expenses any more. Well, the answer to resolving these problems is to elect me, John Jones, to the U.S. Senate."

Embedded Commands

And I think you've heard all that before. But you might also watch for what are called embedded commands. As an example: On key words, the speaker would make a gesture with his left hand, which research has shown is more apt to access your right brain. Today's media-oriented politicians and spellbinders are often carefully trained by a whole new breed of specialist who are using every trick in the book--both old and new--to manipulate you into accepting their candidate.

The Power of NLP

The concepts and techniques of Neuro-Linguistics [Programming] are so heavily protected that I found out the hard way that to even talk about them publicly or in print results in threatened legal action. Yet Neuro-Linguistic training is readily available to anyone willing to devote the time and pay the price. It is some of the most subtle and powerful manipulation I have yet been exposed to. A good friend who recently attended a two-week seminar on Neuro-Linguistics found that many of those she talked to during the breaks were government people.

Interspersal Technique

Another technique that I'm just learning about is unbelievably slippery; it is called an interspersal technique and the idea is to say one thing with words but plant a subconscious impression of something else in the minds of the listeners and/or watchers.

Practical Examples

Let me give you an example: Assume you are watching a television commentator make the following statement: Senator Johnson is assisting local authorities to clear up the stupid mistakes of companies contributing to the nuclear waste problems." It sounds like a statement of fact, but, if the speaker emphasizes the right word, and especially if he makes the proper hand gestures on the key words, you could be left with the subconscious impression that Senator Johnson is stupid. That was the subliminal goal of the statement and the speaker cannot be called to account for anything.

Persuasion techniques are also frequently used on a much smaller scale with just as much effectiveness. The insurance salesman knows his pitch is likely to be much more effective if he can get you to visualize something in your mind. This is right-brain communication [E.g. generates emotions]. For instance, he might pause in his conversation, look slowly around your livingroom and say, "Can you just imagine this beautiful home burning to the ground?" Of course you can! It is one of your unconscious fears and, when he forces you to visualize it, you are more likely to be manipulated into signing his insurance policy.

Shock and Confusion

The Hare Krishnas, operating in every airport, use what I call shock and confusion techniques to distract the left brain and communicate directly with the right brain. While waiting for a plane, I once watched one operate for over an hour. He had a technique of almost jumping in front of someone. Initially, his voice was loud then dropped as he made his pitch to take a book and contribute money to the cause. Usually, when people are shocked, they immediately withdraw. In this case they were shocked by the strange appearance, sudden materialization and loud voice of the Hare Krishna devotee. In other words, the people went into an alpha state for security because they didn't want to confront the reality before them.

In alpha, they were highly suggestible so they responded to the suggestion of taking the book; the moment they took the book, they felt guilty and responded to the second suggestion: give money. We are all conditioned that if someone gives us something, we have to give them something in return--in that case, it was money. While watching this hustler, I was close enough to notice that many of the people he stopped exhibited an outward sign of alpha--their eyes were actually dilated.

Subliminal Programming

Subliminals are hidden suggestions that only your subconscious perceives. They can be audio, hidden behind music, or visual, airbrushed into a picture, flashed on a screen so fast that you don't consciously see them, or cleverly incorporated into a picture or design.

Most audio subliminal reprogramming tapes offer verbal suggestions recorded at a low volume. I question the efficacy of this technique--if subliminals are not perceptible, they cannot be effective, and subliminals recorded below the audible threshold are therefore useless. The oldest audio subliminal technique uses a voice that follows the volume of the music so subliminals are impossible to detect without a parametric equalizer. But this technique is patented and, when I wanted to develop my own line of subliminal audiocassettes, negotiations with the patent holder proved to be unsatisfactory.

My attorney obtained copies of the patents which I gave to some talented Hollywood sound engineers, asking them to create a new technique. They found a way to psycho-acoustically modify and synthesize the suggestions so that they are projected in the same chord and frequency as the music, thus giving them the effect of being part of the music. But we found that in using this technique, there is no way to reduce various frequencies to detect the subliminals. In other words, although the suggestions are being heard by the subconscious mind, they cannot be monitored with even the most sophisticated equipment.

If we were able to come up with this technique as easily as we did, I can only imagine how sophisticated the technology has become, with unlimited government or advertising funding. And I shudder to think about the propaganda and commercial manipulation that we are exposed to on a daily basis. There is simply no way to know what is behind the music you hear. It may even be possible to hide a second voice behind the voice to which you are listening.

The series by Wilson Bryan Key, Ph.D., on subliminals in advertising and political campaigns well documents the misuse in many areas, especially printed advertising in newspapers, magazines, and posters.

The big question about subliminals is: do they work? And I guarantee you they do. Not only from the response of those who have used my tapes, but from the results of such programs as the subliminals behind the music in department stores. Supposedly, the only message is instructions to not steal: one East Coast department store chain reported a 37 percent reduction in thefts in the first nine months of testing.

A 1984 article in the technical newsletter, "Brain-Mind Bulletin," states that as much as 99 percent of our cognitive activity may be "non-conscious," according to the director of the Laboratory for Cognitive Psychophysiology at the University of Illinois. The lengthy report ends with the statement, "these findings support the use of subliminal approaches such as taped suggestions for weight loss and the therapeutic use of hypnosis and Neuro-Linguistic Programming."

Mass Misuse of Subliminal Programming

I could relate many stories that support subliminal programming, but I'd rather use my time to make you aware of even more subtle uses of such programming.

I have personally experienced sitting in a Los Angeles auditorium with over ten thousand people who were gathered to listen to a current charismatic figure. Twenty minutes after entering the auditorium, I became aware that I was going in and out of an altered state. Those accompanying me experienced the same thing. Since it is our business, we were aware of what was happening, but those around us were not. By careful observation, what appeared to be spontaneous demonstrations were, in fact, artful manipulations. The only way I could figure that the eyes-open trance had been induced was that a 6- to 7-cycle-per-second vibration was being piped into the room behind the air conditioner sound. That particular vibration generates alpha, which would render the audience highly susceptible. Ten to 25 percent of the population is capable of a somnambulistic level of altered states of consciousness; for these people, the suggestions of the speaker, if non-threatening, could potentially be accepted as "commands."

Vibrato

This leads to the mention of vibrato. Vibrato is the tremulous effect imparted in some vocal or instrumental music, and the cyle-per-second range causes people to go into an altered state of consciousness. At one period of English history, singers whose voices contained pronounced vibrato were not allowed to perform publicly because listeners would go into an altered state and have fantasies, often sexual in nature.

People who attend opera or enjoy listening to singers like Mario Lanza are familiar with this altered state induced by the performers.

Extra-low Frequency Vibrations (ELFs)

Now, let's carry this awareness a little farther. There are also inaudible ELFs (extra-low frequency waves). These are electromagnetic in nature. One of the primary uses of ELFs is to communicate with our submarines. Dr. Andrija Puharich, a highly respected researcher, in an attempt to warn U.S. officials about Russian use of ELFs, set up an experiment. Volunteers were wired so their brain waves could be measured on an EEG. They were sealed in a metal room that could not be penetrated by a normal signal.

Puharich then beamed ELF waves at the volunteers. ELFs go right through the earth and, of course, right through metal walls. Those inside couldn't know if the signal was or was not being sent. And Puharich watched the reactions on the technical equipment: 30 percent of those inside the room were taken over by the ELF signal in six to ten seconds.

When I say "taken over," I mean that their behavior followed the changes anticipated at very precise frequencies. Waves below 6 cycles per second caused the subjects to become very emotionally upset, and even disrupted bodily functions. At 8.2 cycles, they felt very high...an elevated feeling, as though they had been in masterful meditation, learned over a period of years. Eleven to 11.3 cycles induced waves of depressed agitation leading to riotous behavior.

[note from Ken Adachi:: Joe Vialls reported that the CIA and Air Force employed this technique using large dish transmitters beaming down from the back cargo ramps of C135 cargo planes to incite opposing tribal factions in Rwanda to become enraged and engage in mindless slaughter and barbarism]

The Neurophone

Dr. Patrick Flanagan is a personal friend of mine. In the early 1960s, as a teenager, Pat was listed as one of the top scientists in the world by "Life" magazine. Among his many inventions was a device he called the Neurophone--an electronic instrument that can successfully programm suggestions directly through contact with the skin. When he attempted to patent the device, the government demanded that he prove it worked. When he did, the National Security Agency confiscated the neurophone. It took Pat two years of legal battle to get his invention back.

In using the device, you don't hear or see a thing; it is applied to the skin, which Pat claims is the source of special senses. The skin contains more sensors for heat, touch, pain, vibration, and electrical fields than any other part of the human anatomy.

In one of his recent tests, Pat conducted two identical seminars for a military audience--one seminar one night and one the next night, because the size of the room was not large enough to accommodate all of them at one time. When the first group proved to be very cool and unwilling to respond, Patrick spent the next day making a special tape to play at the second seminar. The tape instructed the audience to be extremely warm and responsive and for their hands to become "tingly." The tape was played through the neurophone, which was connected to a wire he placed along the ceiling of the room. There were no speakers, so no sound could be heard, yet the message was successfully transmitted from that wire directly into the brains of the audience. They were warm and receptive, their hands tingled and they responded, according to programming, in other ways that I cannot mention here.

Technological Tools for Mass Manipulation

The more we find out about how human beings work through today's highly advanced technological research, the more we learn to control human beings. And what probably scares me the most is that the medium for takeover is already in place. The television set in your livingroom and bedroom is doing a lot more than just entertaining you.

Before I continue, let me point out something else about an altered state of consciousness. When you go into an altered state, you transfer into right brain, which results in the internal release of the body's own opiates: enkephalins and Beta-endorphins, chemically almost identical to opium. In other words, it feels good...and you want to come back for more.

Recent tests by researcher Herbert Krugman showed that, while viewers were watching TV, right-brain activity outnumbered left-brain activity by a ratio of two to one. Put more simply, the viewers were in an altered state...in trance more often than not. They were getting their Beta-endorphin "fix."

To measure attention spans, psychophysiologist Thomas Mulholland of the Veterans Hospital in Bedford, Massachusetts, attached young viewers to an EEG machine that was wired to shut the TV set off whenever the children's brains produced a majority of alpha waves. Although the children were told to concentrate, only a few could keep the set on for more than 30 seconds!

Most viewers are already hypnotized. To deepen the trance is easy. One simple way is to place a blank, black frame every 32 frames in the film that is being projected. This creates a 45-beat-per-minute pulsation perceived only by the subconscious mind--the ideal pace to generate deep hypnosis.

The commercials or suggestions presented following this alpha-inducing broadcast are much more likely to be accepted by the viewer. The high percentage of the viewing audience that has somnambulistic-depth ability could very well accept the suggestions as commands--as long as those commands did not ask the viewer to do something contrary to his morals, religion, or self-preservation.

The medium for takeover is here. By the age of 16, children have spent 10,000 to 15,000 hours watching television--that is more time than they spend n school! In the average home, the TV set is on for six hours and 44 minutes per day--an increase of nine minutes from last year and three times the average rate of increase during the 1970s.

It obviously isn't getting better...we are rapidly moving into an alpha-level world--very possibly the Orwellian world of "1984"--placid, glassy-eyed, and responding obediently to instructions.

A research project by Jacob Jacoby, a Purdue University psychologist, found that of 2,700 people tested, 90 percent misunderstood even such simple viewing fare as commercials and "Barnaby Jones." Only minutes after watching, the typical viewer missed 23 to 36 percent of the questions about what he or she had seen. Of course they did--they were going in and out of trance! If you go into a deep trance, you must be instructed to remember--otherwise you automatically forget.

In Closing

I have just touched the tip of the iceberg. When you start to combine subliminal messages behind the music, subliminal visuals projected on the screen, hypnotically produced visual effects, sustained musical beats at a trance-inducing pace . . . you have extremely effective brainwashing. Every hour that you spend watching the TV set you become more conditioned. And, in case you thought there was a law against any of these things, guess again. There isn't! There are a lot of powerful people who obviously prefer things exactly the way they are. Maybe they have plans for...?

Modified for WWW distribution May 27/95 by Dynamic Living Media

May be freely copied and reproduced complete with all graphics.

Neither the editor nor the publisher know the current whereabouts of Dick Sutphen. Please conduct searches for the author through the usual channels.



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