NE>Al, could you let me know when the hearings regarding the Mondale Act
NE>are supposed to take place?
The legislation being considered in the House of Representatives in 
ashington
entitled HR3588-Proposed Revision of the Child Abuse Prevention and Treatment
Act (Capta) Public Law 93-247 (referred to as "The Mondale Act").
The Mondale Act is the legislation which laid the framework for most of the
repressive state laws which makes false accusations of abuse the strategy of
choice for a custodial parent who wants to block access to the kids.
Dr. Richard Gardner is going to be testifying this Wednesday in front of the
Committee on Economic and Educational Opportunities ( formerly called Labor
and Education).  He is going to make the following points:
1.  The federal immunity clause must be dropped.  In the United States 
immunity
    from prosecution has traditionally been available only to specific groups
    essential to the functioning of the legal system, e.g. judges and
    prosecutors.  Such immunity encourages frivolous, fabricated, and even
    malicious accusations.  States that include the immunity provisions 
hould
    not be entitled to federal funding.  Gardner then goes on to suggest that
    consequences need to be written into the federal law if false accusations
    are made (including like the ones in divorce cases) that it should be
    considered a criminal act, ranging in severity from a misdemeanor to a
    felony, depending upon the decision of the court of law.)  He is calling
    for a state law to be made requiring the prosecution of any person who
    makes a report proven to be false  in a court of law.
2.  The mandated reporting clause must be dropped.  This is the law that
    mandates people to report to Child Protection any accusations.  He is
    calling for mental health professionals to be given the discretion to
    report or not, depending on their conclusions.  As it is now people
    are using this law as a way to get old dad out of the house or out of any
    possibility for custody.
3.  Gardner is calling for investigators and evaluators to inform people of
    their rights and then invite them for an interview when they are accused
    of something.  Gardner calls for courts to only consider evidence when 
ll
    involved have been invited for interviews instead of the present system.
4.  All investigatory and evaluative interviews should be videotaped.
    Interviews that use suggestive materials specifically anatomically 
orrect
    dolls, body charts, and/or other materials that indicate genital and/or
    sexual organs should not be admissible in a court of law.
5.  States in which individuals suspected of child abuse are deprived of
    constitutional due-process protection should not be provided federal
    funding.
6.  Gardner is calling for programs to be designed and funded to assist those
    who are falsely accused and the children who have been used as vehicle
    for false accusations.
7.  He is calling for legal representation for children who are victims of
    embroilment in false accusations .
8.  He is calling for all states to review the case files of all incarcerated
    individuals who have been found guilty of child sex abuse and any case
    what due process procedures have not been strictly followed, the accused
    should be released from prison and granted a new trial.
This bill is sponsored by Representative William F. Goodling, Republican, of
the 19th Congressional District. He is also Chairman of the committee. 
embers
of the committee are:
William L. Clay, MO                   Tom Petri, WN
George Miller, CA                     Marge Roukema, NJ
Dale E. Kildee, MI                    Steve Gunderson WI
Pat Williams, MT                      Harris W. Fawell, IL
Matthew G. Martinez, CA               Cass Ballenger, NC
Major R. Owens, NY                    Bill Barrett, NE
Tom Sawyer, OH                        Randy "Duke" Cunningham, CA
Donald M. Payne, NJ                   Peter Hoekstra, MI
Patsy T. Mink, HI                     Howard P. "Buck" McKeon, CA
Robert E. Andrews, NJ                 Michael N. Castle, DE
Jack Reed, RI                         James M. Talent, MO
Tim Roemer, IN                        Lindsey Graham, SC
Eliot L. Engel, NY                    Dave Weldon, FL
Xavier Becarra, CA                    Dave Funderburk, NC
Robert C. Scott, VA                   David M. McIntosh, IN
Gene Green, TX                      Mark E. Souder, IN
Lynn Woolsey, CA                      Frank Riggs, CA
Carlos Romero-Barcelo, PR *           Jan Meyers, KS
Ron Klink, PA                         James C. Greenwood, PA
Eni Faleomavaega, AS *                Sam Johnson, TX
Scotty Baesler, KY                    Joe Kollenberg, MI
Robert A. Underwood, GU *             Tim Hutchinson, AR
Mel Reynolds, IL                      Charlie Norwood, GA
*Non-voting member
NE>Anyway, if you could let me know about the Mondale Hearings, I would be 
very
NE>greatful.
I sure will.  One thing you mentioned in your post was problems with
your attorney.  That was also one of our main problems; an attorney,
retained 4 months in advance of trial, who prepared his entire defense,
including rataining a psychologist to testify for the defense, less than
24-hours prior to trial.  Needless to say, when we actually begin, our
second step will be in requesting a new trial based on ineffective
assistance of counsel.
Hope all goes well with you.  We are leaving for the west coast in a
week and, hopefully, will gather all the information necessary with
which to return and successfully complete ours.  I'm sure glad there are
experts out there who are willing to assist.  I'd hate to think I had to
do something like this alone.
Allen Cowling
Cowling Investigations BBS
(601) 373-7495
FidoNet Address 1:3632/57
USENET cowling@afterhrs.com
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