text:
Meu SciELO
Serviços Personalizados
Sur - Revista Internacional de Direitos Humanos
versão impressa ISSN 1806-6445
Sur v.3 n.se São Paulo 2007
Intermediary services for child witnesses testifying in South African criminal courts
Gert Jonker; Rika Swanzen
Replicated from Sur - Revista Internacional de Direitos Humanos, São Paulo, n.6, p.95-119, 2007.
Efforts to reduce the trauma in an adversarial court system are complicated by the arguments that the prosecution of sexual abuse cannot take place in disregard of the rights of the alleged perpetrator. The questioning of a child witness is a very specialised task, and the prosecutors and defence counsel are not trained in these methods. Therefore, intermediary services to the child witness in court are important to reduce the trauma experienced by the child. This article aims to highlight that crimes against children and the subsequent criminal proceedings where the child is required to testify as a witness occurs frequently enough to warrant intermediary services to all child witnesses. Practical implications will be highlighted in order to improve the current intermediary process, regionally, provincially and nationally. Firstly, it will reflect on the intermediary services provided for child witnesses in some areas in the western suburbs of Johannesburg; secondly, it will discuss practical experiences and supportive literature, as well as the Bethany House's experience with the project Child in Crisis Foundation (SA).
Keywords: Child witness - Rights of children - Judgements - Intermediary system - Sexual violence - Victims - Court process - Prevention - Family violence - Assistance to victims
According to Coughlan and Jarman1 the purpose of intermediary services to the child witness is to reduce the trauma experienced by the child. However, efforts to reduce the trauma in an adversarial court system are complicated by the arguments that the prosecution of sexual abuse cannot take place in disregard of the rights of the alleged perpetrator. South Africa made international legal (and human rights) history with the promulgation of Section 170A of Criminal Procedures Act 51 of 1977 which was introduced through the Criminal Law Amendment Act 135 of 1991. This provides for the appointment of an intermediary for children in cases of sexual abuse for reasons of youthfulness or emotional vulnerability.2
Müller3 says that in evaluating the competency of the child to act as a witness, there are two components to consider. The first requirement is eyewitness ability, i.e. the ability to report the details of an observed event accurately and completely. This relates to the child's cognitive development with consideration of factors that influence the acquisition, retention, retrieval and verbal communication of information. The second requirement is the witness's willingness to tell the truth, i.e. the motivational aspect. Although it is understood that grasping the difference between truth and lies is crucial in testifying, the competency of child witnesses in this regard was investigated by the South African Law Commission in 2001. After evaluating the South African position, the commission recommended that a witness should not be disqualified from testifying due to the fact that he or she is unable to define the difference between telling the truth and lies. It was submitted that all witnesses be regarded as competent to testify if they can understand the questions put to them and can in return give answers that the court can understand. The proposed test focuses on the cognitive ability of the child. There is little clarity, however as to who will perform these evaluations or how they will be done.4
A practical description then of the intermediary process and its necessity is:
In South Africa, an intermediary system is attempting to reduce the trauma and secondary abuse often experienced by child witnesses in court cases involving [sexual] abuse. By separating the child from the formal courtroom and allowing an intermediary to relay questions and answers to the child via closed circuit television, it was hoped that the stress of the experience for these children would be reduced while retaining the rights of the accused to cross-examine witnesses and to a fair trial[...] Protecting the rights of children is an universally accepted principle that influences the development of policy and practice. Where these rights have been violated - such as in sexual abuse, it is imperative that the response from societal institutions (such as justice and welfare) not only seek to protect children from further abuse of their rights but also seek to actively redress some of the violations that have taken place. It is thus essential that when possible, children giving evidence in criminal cases of sexual abuse be protected from further harm. The intermediary system for child witnesses is one such effort.5
Coughlan and Jarman6 also confirm that a significant body of literature has shown that the experience of giving evidence is emotionally traumatic and sometimes developmentally and cognitively impossible for children as they struggle to remember details over extended periods of time, to cope with the abstract language, and to be exposed to processes and standards that are often meaningless to them. Müller7 states that cross-examination is not only traumatic for children, but also results in inaccurate evidence. The child is questioned in a hostile environment, often about very intimate and emotionally-laden events. The defence is obliged to attack the child's credibility in an attempt to highlight inconsistencies and discredit the child's evidence. In light of this, the questioning of a child witness is a very specialised task, and the prosecutors and defence counsel are not trained in these methods.8
This article has two parts. Firstly it will reflect on the intermediary services provided for child witnesses in three magisterial areas in the western suburbs of Johannesburg in the Gauteng Province, South Africa. Secondly, a discussion from practical experiences and supportive literature will be given. Through this article we want to highlight that crimes against children and the subsequent criminal proceedings where the child is required to testify as a witness, occurs frequently enough to warrant intermediary services to all child witnesses. Implications for practice will be highlighted later on in this article, in order to improve the current intermediary process, regionally, provincially and nationally.
A description of the intermediary
The introduction of South Africa's Criminal Law Amendment Act 135 of 1991, which came into effect on 1 August 1993 brought the following about in criminal cases with child witnesses, as summarised in the following table by Viviers:9
Combrink and Durr-Fitchen10 highlighted that persons who are competent to be appointed as intermediaries in terms of categories determined by law will not necessarily be suitable intermediaries. Based on discussion sessions between members of the legal, social work and psychology professions held at the Wynberg Sexual Offences Court, and an analysis of intermediary functioning, it became clear that certain personal requirements have to be complied with. The most basic prerequisites for a suitable intermediary would inter alia include the following:11
a proven ability to relate to children and an ability to develop rapport in a short time
an awareness of transference with regard to the gender of the intermediary.
communication skills be fluent in the child's language and reflecting clear messages
interviewing techniques with good observation skills and the ability to convey warmth, empathy and support to the child, while still remaining impartial and objective
a working knowledge of legal aspects, the dynamics of sexual abuse and developmental stages with related intellectual and verbal abilities
a comfortable awareness of one's own sexuality
the intermediary and therapist should be two different people to decrease the charge that bias increases the risk on appeal.
Description of the intermediary process
Coughlan and Jarman12 explain that in most instances the intermediary is a social worker who prepares the child for the court appearance and sits with the child in the camera room. Her role is to translate questions posed by the magistrate, attorney, prosecutor, or alleged perpetrator, into language the child will understand, without changing the general purport of the question. The intermediary has the duty of buffering aggression and intimidation and of informing the court when the witness tires or loses concentration in order for the presiding officer to adjourn the court. A closed-circuit television, a microphone, and the intermediary form the basis of the system. A television is in the main courtroom and a camera room that is adjacent to the main courtroom accommodates the child witness and the intermediary. The intermediary is fitted with earphones. Only the intermediary hears the questions, but the persons present in the courtroom hear the answers and anything else that happens in the witness room. This system differs from the English situation in which closed circuit television is used but no intermediary is involved.13
The Bethany House Trust was established in 1998 as a project of the Child in Crisis Foundation (SA). It is registered as a Children's Charity Trust by the High Court and is also registered as a Non Profit and Public Benefit Organisation. The Trust offers Child and Youth Development, Professional Parenting, and Child Witness Services. In April 2003 Bethany House entered into a public/private partnership with the South African Departments of Justice and Social Development to conduct a pilot project with regard to intermediary services. Although intermediary services were available at that stage, the service was not co-ordinated, intermediaries were not properly capacitated and court officials generally did not use the service. Bethany House trained a core team of intermediaries, launched an awareness and educational campaign in order that all court officials became aware of and started to utilise the service. A 100% child focused service was developed to accommodate all child witnesses, regardless of gender and mother tongue. Challenges included the fact that in the geographic area where the pilot project was launched, 11 different languages are spoken by child witnesses, which necessitated that intermediaries should be conversant in all those languages.
The primary objective of the pilot project was to provide sustained, professional intermediary services to child witnesses. In order to accomplish this, Bethany House developed a unique case management database for the scheduling and tracking of cases. Data derived from this application can be used to inform policy and budget planning in services to children by welfare, police and justice departments. The data used in this article were obtained from this database. Information to populate the database is obtained from the magistrates courts where these cases are heard. A secondary aim was to compile a tentative victim and perpetrator profile for a specific geographic area. However, the data presented in this article have not been compared to population trends. The frustration with regard to developing a database such as the one mentioned above is confirmed by the experience of Coughlan and Jarman14 who state that to date there is very little, if any, research on the intermediary system's use in South Africa. It is difficult to ascertain if the system has had any impact on conviction rates because the national moratorium on the release of crime statistics and information by the police has made this kind of data gathering impossible. It can therefore be argued that Bethany House's attempt at providing information through the use of a database is ground-breaking in determining the success and status of intermediary services.
Magisterial Districts served
Table 2 gives an overview of the geographic areas where intermediary services have been rendered to child witnesses from April 2003 to September 2006. The magisterial districts (courts) currently served by Bethany House are Randfontein, Roodepoort and Westonaria. In a few cases Bethany House assisted other courts. The table also shows the different police areas within the magisterial districts and the number of reported cases in each.
In the magisterial districts which Bethany House serves, 1496 cases were handled in 3 ½ years. This clearly illustrates the frequency of court cases and serves as an indication that the service is necessary.
Figure 1 presents a graphic of the number of child witnesses and perpetrators in each magisterial district. The higher number of incidents in Randfontein is noticeable, although these data should be balanced with influencing factors such as varying population density and the fact that prosecutors in some districts do not always request the service.
Descriptors of child witnesses
Table 3 sets out the gender, ages and mother tongues of the child witnesses who were the victims of crimes explained afterwards in Figure 2. Note that the child witness population is larger than the number of cases discussed in the previous section, since in some cases more than one child gave testimony (multiple victims) in the same case.
Table 3 gives the following demographic detail regarding child witnesses that can be used to offer a profile of the typical child client in the Bethany House service area:
Eighty-five percent of the witnesses are girls.
The biggest age cluster is children between the ages of 9 and 12 years. It is significant to note that the highest number of children per age was 13 year olds 259 (13%) of the total children served.
Significantly more Tswana (34%) and Afrikaans (23.5%) children received intermediary services. This corresponds with the cultural representation in the area.
Children from a number of cultures (11) are in need of intermediary services. This implies that intermediaries also need to be representative of these cultures to truly assist the child through language and understanding of cultural context.
In the Gauteng Province there are 345 600 girls in the age group 10 to 14 years.15 If the profile information presented above is considered, the focus for preventive and treatment services should be geared towards the activities of this age group.
Types of crimes against the victims
The Family Violence, Child Protection and Sexual Offences (FCS) units of the South African Police Services (SAPS) are responsible for investigating crimes against children such as assault with the intent to do grievous bodily harm, attempted murder, rape, incest, indecent assault, common assault, kidnapping, abduction, the sexual exploitation of children and adults in terms of the Sexual Offences Act 23 of 1957, relevant crimes in terms of the Prevention of Family Violence Act 133 of 1993, the Domestic Violence Act 116 of 1998 and the Films and Publication Act 65 of 1996.16 What is significant of this type of crime and case outcome (discussed later) is the number of reported cases vs. the conviction rates. This section gives an overview of the type of crimes the intermediaries in the Bethany House pilot project were involved in.
Figure 2 shows the charge type with regard to the cases the child witnesses were involved in. One can see that there was a significantly larger number of rape and indecent assault cases. With regard to profile identification, the data on the charge type shows that:
children who were victims of rape (64.52% of total cases) and indecent assault (27.57%) were the biggest witness cluster
no intermediary services were given in child abandonment and neglect cases
The experience of sexual abuse impacts negatively on the child's development, behaviour and perception of his environment, and is referred to as trauma. The traumatic effects of sexual abuse are argued to be the most complex and most pervasive in terms of the impact on the child's life. When the trauma is inflicted by a person known to the child, the suffering may be more intense and persistent. The sudden, horrifying and unexpected nature of an event also defines trauma.17
The effect on the child may vary in seriousness and be lasting in nature. It includes a loss of childhood, loss of family if the child is removed, and loss of trust which will influence future relationships. The child may also experience complex post-traumatic symptoms such as low self-esteem, fear, misplaced anger and hostility, inappropriate sexual behaviour and attitude, depression, guilt or shame, self-destructive behaviour, powerlessness, blurred role-boundaries and role confusion, pseudo-maturity or developmental regression and dissociation. A court does not have the expertise to conclude on the consequences of indecent assault and rape on child victims. Factual allegations relating to trauma can be proved by the State, or the court can inform itself by calling witnesses in terms of section 274 (1) of the Criminal Procedure Act. A possibility would be to call the mother or teacher to testify about symptoms of trauma such as sleeping, eating and socialising patterns, standard of homework, ability to concentrate, attitude towards discipline and a nervous or fearful state of mind. If this evidence is not challenged, it may be accepted without psychiatric evidence on the effects of rape.18
Perpetrator relation to child
An interesting reason why most cases do not go to court is 'undetected' cases, which refers to cases where the police have not identified the suspect. Some cases are unsolved because the police have inadequate or no leads to follow up on through no fault of their own. In other cases incomplete or poor police investigation.19
Figure 3 illustrates the relationship between the perpetrator and the child. In the majority of cases (1755 or 95%) males were the perpetrators. In 62% (1145) of the cases the male was known to the child and in only 33% (610) of the cases was the male a stranger to the child.
The graphic offers the following information about the relationship to the child for purposes of compiling a victim profile:
In the majority of the cases the perpetrator is a male known to the child: a neighbour (402 or 22%); a biological family member (401 or 22%); step family member (103 or 5.6%); and a male that the child stood in relationship with outside of the family (220 or 12%).
In descending order the child in need of intermediary services is most at risk in their immediate home and family environment as well as in their social relationships and school.
With cognisance of the fact that the majority of children experienced rape and indecent assault and that a large number of perpetrators were known to the child, it can be assumed that the child witnesses have experienced high levels of trauma. It is the responsibility of the Departments of Welfare and Justice to be sensitive towards this fact and to explore which symptoms of the child will need post-trial treatment.
Describing the perpetrators involved with the crimes against the children will also contribute to the understanding of the intermediary process in the West Rand.
Descriptors of the perpetrator
Table 4 gives information on the gender, age and culture of the perpetrators involved in the cases in the magisterial districts mentioned in Table 1. Cause for concern exists as there is a large percentage of perpetrators who are younger than 19 years.
Useful information from the table below includes:
The overwhelming majority of perpetrators are male (95%) and most are between 19 and 40 years old.
Again a larger number of perpetrators come from the Afrikaans and Tswana cultures. A comparative analysis of the population representation in the West Rand area may shed more light on why perpetrators from the Afrikaans and Tswana community constitute the biggest cluster of perpetrators (Note that Afrikaans is the mother tongue of white and coloured persons in the represented communities).
Case outcome
Case outcome is a significant part of the process for the child witness. The very reason for testifying against the perpetrator is to prove his or her guilt. Sentencing implies punishment for wrongdoing and the punishment should fit the crime. Since the interest of intermediary services lies in protecting the child during a criminal process where it is hoped that a fair trial is conducted, it is of interest to reflect on the outcomes of the cases captured on Bethany House's database.
Figure 4 shows the outcome of 384 criminal cases. This is only a small number of the 1 496 cases described in Table 2. In the next section the effectiveness of the process will be discussed and some light will be shed on why so little of the case outcome is known.
What is encouraging about the information gained from the data on the case outcome is that there were no mistrials. The high number of cases withdrawn in the court (143) is of concern. Interrogation of the legal process which leads to cases being withdrawn after a perpetrator was charged and brought before court is necessary. When withdrawn, no decision regarding the guilt or innocence of the perpetrator is made. In the cases handled by Bethany House, no further contact with the child exists after the verdict. It should be asked, however, what the effect of this is on the child witness.
For the purpose of profile building the information on verdicts gives the following insight:
The majority of the cases (56%) brought before court have lead to a guilty verdict.
In comparing the statistical trends of the Bethany House pilot project with national police statistics before 2000 one can see that 58% of the reported rape cases involving victims under 18 years, did not go to court. Furthermore, 18% were withdrawn in court and only 9% were found guilty. If you consider the under reporting rate in cases of child abuse especially those involving family members - the conviction rate compared to actual crimes is poor. Acquittals constitute 9% of the cases before court. It is important to note that the prosecution authority tends to try only those cases with a reasonable prospect of obtaining a conviction. Prosecution resources focus on the most promising cases. Rape is often more difficult to prove than other crimes. Still, child rape cases that went to trial were twice as likely as adult rape charges to result in conviction.20
Clause 47 of the draft Sentencing Framework Bill 2000 proposes the presentation of victim impact statements to courts about harm suffered by the victim in order to learn what impact the crime had in practice. Unlike the trial itself, with sentencing impressions become more important than facts, and considerations which were irrelevant on the merits now acquire importance, placing the expectation on the court to make a complex value judgement. The issues at stake in exercising the sentencing discretion are the interest of justice. A bad choice of punishment is against the interests of justice and the discretion to impose an appropriate sentence can only be exercised on the basis of all the facts relevant to the matter. Aggravating circumstances also influence the sentence. These are the process of grooming that shows premeditated planning, abuse of an authority position, knowledge of HIV-positive status, and the defencelessness of the victim. Mitigating factors in sentencing can be the youthfulness of the accused, no previous convictions, no weapon, and perception of willingness of victim older than 16.21
The Criminal Law Amendment Act 105 of 1997 came into operation in May 1998 and section 51 makes provision for a system of minimum sentencing where more serious crimes are concerned. The purpose of introducing minimum sentences was the need to deal a decisive blow to serious crime through the use of dramatically increased sentences. The minimum sentences in the relation to serious crimes against children are the following:22
1. life imprisonment shall be imposed in a case of rape where:
the victim was raped more than once or by more than one person under common purpose
the accused has been convicted of two or more offences of rape without being sentenced yet
the accused knew that he was HIV infected
the victim is a girl under the age of 16 years grievous bodily harm was inflicted
2. imprisonment for a period of 10, 15 and 20 years respectively for first, second and third offenders shall be imposed in the following instances:
rape other than in the abovementioned situations (e.g. where the accused had a firearm intended for use or where the victim is over 16 years of age)
indecent assault on a child younger than 16 involving the infliction of bodily harm (i.e. every kind of physical injury however trivial it might appear)
assault to do grievous bodily harm on a child younger than 16 years.
With cognisance of the proposed framework for sentencing, of the 2 599 family violence and sexual offence cases against children brought before court in 2005/2006, 14 116 years of imprisonment, 146 life sentences, and fines to the value of R474 560 were handed down in judgements.23
The information gained from the statistical data on the Bethany House database from April 2003 to September 2006 provides information that can be used for welfare, judicial and police planning in the West Rand service area. The experiences gained from the pilot project are also significant to inform practice. These are discussed next. Together with the discussion of Bethany House's experience with intermediary service delivery an article of the experiences of other social workers in South Africa, where they pose the question whether the intermediary system is worth saving, is discussed. Cognisance will also be taken of the work done by Karen Müller on conceptualising the relationship between the judicial officer and the child witness.
According to Coughlan24 the intermediary system is only in use in main city centers of South Africa, such as East London, Cape Town, Port Elizabeth, Johannesburg, Pretoria, Durban and Pietermaritzburg. There are no such facilities in rural courts. In addition, in cities like East London, for all intents and purposes, the service was not provided as social workers at the time refused to continue to offer the service. Experiences of a small number of these intermediaries shed light on the fact that they were inadequately trained and had to deal with anxieties and emotions regarding the court process and the child's trauma. For these experiences they received no debriefing.
First we will summarise the experiences of intermediaries as reflected by Coughlan in 200225 and then we will focus on our own experiences with the intermediary system in our direct service delivery area. In the light of these we will discuss implications for practice suggested by other authors interested in the child witness situation in South Africa, to add to our own.
Difficulties experienced by intermediaries
Many of the difficulties experienced by Coughlan and Jarman26 related to the environment and process of the court itself. These include the impact of long delays and the stress of a looming trial; the unpredictability of the presence of an intermediary; preserving the rights of the accused versus avoiding further abuse of the child; questioning the child's ability to adhere to adult-defined concepts of truth; lack of consideration of cultural approaches to talking about sexual matters; the potential for errors in translations; requiring the child to repeat the details of the abuse; weighing up whether successful prosecution is worth the trauma experienced by the child; conflict between social worker and intermediary roles; and delays for up to 2 years for cases to be heard because of judicial backlogs.
Müller27 adds that the intermediary was introduced to assist the child witness by removing all hostility and aggression from a question and by changing a question, where necessary, so that it would be more understandable to the child. However, in practice, the use of an intermediary has given rise to a number of problems. The power of the intermediary is very limited, since the intermediary is perceived to be nothing more than an interpreter (and not an expert witness) and the court can at any time insist that the intermediary repeat the question exactly as it was phrased. A further disadvantage of the present system is that the intermediary does not have the authority to comment on a question and give an opinion as to whether a child understands a question or not. The intermediary is powerless to intervene and argue that questions should not be asked in a particular sequence or not phrased in a certain manner.
These authors highlight that the context within which the child offers her witness may be causing more harm that it is worth. There has been disillusionment under those who hoped to act as intermediary in order to make the process easier for the child, only to be faced with age inappropriate expectations of the child and a stern focus on the rights of the accused. The next section shows how Bethany House's own experiences confirm the ineffectiveness of the current process. There is however some hope on the horizon. This glimmer of light will be discussed as changes that may see the light in the next year or so.
Effectiveness of the current process
The effectiveness of the current process can only be described as "user-unfriendly". This specifically refers to the use of language and the integration of the legal process into the child's already traumatized world. The time lapse between the time the case is reported to police, the time the case is brought before court for the first time and the time the child gives testimony, can be as long as 2 years. Not only is the judicial process compromised by this, but the child witness remains in limbo as far as the "healing process" is concerned.
The number of times a case is postponed is illustrated in the next table. Apart from increased costs to represent the child victim, the child witness has to attend every hearing. In practice this means that the child is prepared for court (once), then has to be prepped for testimony, attend the hearing and be ready to testify on every occasion. The child victim is thus subjected to undue mental stress even before testifying.
Post testimony services such as therapy can only commence after the child has testified in court, in order to ensure that the child's testimony is not contaminated. In reality there is little intervention afterwards. Therapeutic services are not readily available to child witnesses and more than often parents or caregivers cannot access the limited services available due to economic inhibitors. In the majority of instances, the practical preparation for the court case is the only help available to the child.
If the child was infected by the perpetrator with the HIV/AIDS virus when the crime was committed, the child may also be too ill to testify or may have died before testimony could be given against the perpetrator. Although the South African government has ARV (anti retroviral) programs which can be accessed by child witnesses infected by HIV/AIDS, the child can often not get to the hospitals where the service is available due to huge distances and economic factors such as the cost of transport.
Furthermore, significant under reporting of crimes occur, especially crimes committed within a family unit. The recent de-centralisation of the specialised policing unit responsible for investigating crimes against children, may compound under reporting as the community in general has also lost faith in the state's ability to protect their children.
Of the reported cases a small percentage are eventually brought before court, and even then an unacceptable high percentage of those cases are withdrawn in court. This happens when crucial evidence is lost (e.g. DNA) or when the witness cannot be traced. Because of the long delays, the child witness sometimes moves away without leaving forwarding addresses, compelling the state to withdraw the case in court.
A small percentage of these cases that makes it to and through the criminal court process result in convictions. It can thus be argued that the court process holds little gain for the child. The primary reason/s for criminal prosecution is not necessarily in the best interest of the child. There seems to be little or no correlation between the child's best interest and the expectations of the prosecuting authority.
The effectiveness of an already questionable legal process is further hampered by missing or defective (e.g. ear phones) equipment used to conduct intermediary services, resulting in long delays or postponements. In some instances the court proceedings are moved to another court district where a court with functional equipment can be accessed.
The existence of common findings among intermediaries from towns geographically far removed such as East London in the Eastern Cape Province and the West Rand, a region of the Gauteng Province, warrant further exploration into the intermediary process, taking cognisance of the need to make use of data to plan effective interventions for child witnesses.
Foreseen changes
Project 107 of the South African law commission on Sexual Offences: process and procedure (2002) suggests a strategy of adopting guiding principles (Protocols and Memoranda or Codes of Good Practice) for bringing about changes in the management of sexual offences. The development of this 'national multi-disciplinary' framework should lead to an inter-sectoral binding agreement, forming the basis for provincial or regional multi-disciplinary codes of practice and embodied in legislation to ensure compliance. Brief mention is made here of some of the recommendations that should positively impact on the current legal process. These recommendations are reflected in the discussion document to be found on <http://www.doj.gov.za/salrc/dpapers/dp102_prj107/dp102execsum.pdf>.28
Mandated bodies such as organs of government must deliver prompt, sensitive, effective, dependable, fully coordinated and integrated services.
Budgetary provision must be made for the effective implementation and operation of the national framework.
A multi-disciplinary coordinating committee should monitor, supervise and evaluate the implementation of such a framework.
Flexible case-flow management techniques are recommended. The case-flow management strategy must be developed inter-sectorally to reduce delays in the criminal procedure process.
Appropriate accredited training and debriefing of service providers are also stressed.
There is ample precedent in South Africa for the creation of joint or inter-agency teams for the investigation and prosecution of high priority crimes.
Only specially trained medical personnel, police officers, prosecutors, magistrates and counsellors should deal with serious sexual offences.
Preferably all serious sexual offences cases must be prosecuted in special Sexual Offences courts.
All child victims in sexual offence cases in need of care and protection should be able to rely on a responsive welfare system.
South Africa is a country of limited resources, and the provision of PEP to rape victims has accordingly become a contentious issue. It is acknowledged that the cost implications of providing all victims of sexual violence with PEP treatment would be extremely high. However, the cost of not providing PEP will assuredly be much higher and will affect the public health care system and have a ripple effect on the economy. It is the responsibility of the state to provide the financial means to cover the cost of PEP for victims of sexual violence as these complainants have been exposed to a life threatening disease through no choice of their own.
Protocols for medical practitioners and health care professionals should be developed.
Police should review procedures for recording and following up "unfounded" cases and cases where the victim wishes to withdraw the matter.
The Sexual Offences Act should place a positive obligation on the police to accept and register all complaints of sexual offences, and that the police should not have discretion as to whether or not to proceed with an investigation even when requested not to proceed by the victim. The sole discretion not to proceed with an investigation should be that of the prosecuting authority.
Although a lot of work has been done by the SA Law Commission to improve the status quo, the authors reiterate the question of what is needed for this issue to become a legislative and budgetary priority.
Implications for practice and recommendations
We agree with Coughlan and Jarman29 when they state that the profession and government's welfare officers need to put ongoing training and adequate supervision and opportunities for debriefing in place for intermediaries. For this to take place, the intermediary role has to achieve a higher level of visibility and acceptance than is currently the case. Intermediary work is not recognized as a key function and is thus not provided for in the normal professional and collegial mechanisms set up to support and account for professional practice.
This must be challenged - not only in the interests of the social workers, but also for the children. Given the ad hoc nature of intermediary work, there is no system for support, for accountability, and for a developmental perspective on the pursuit of expertise. Given the extensive restructuring of government social services taking place nationally in South Africa, this is possible only if sufficient senior people make it a priority.
While social workers can ensure that the matter remains on the agenda, they need the legal fraternity and those responsible for setting priorities and procedures in the courts. Child abuse cases should not have to wait more than a couple of months to go to trial. Postponements should be vigorously avoided. Adequate notice should be given so that children can be prepared and so that the social workers are certain to be available.
Recognition of the intermediary service should be given by those in authority for without the cooperation of social workers, the whole system will fail nationally, exposing those involved to charges that the constitutionally protected rights of children are being violated.
Van der Merwe and Müller30 also offered some practical and useful guidelines with regard to judicial management in order to protect the child during the court process. This includes ground rules for attorneys with specific reference to the asking of developmentally appropriate questions.
The judicial officer should also explain the process of questioning to the child and what will happen next, reinforce the need for him/her to tell the truth, give the child witness an idea of what is expected of him/her and interventions from the bench may be necessary in instances where the child cannot understand the weight attached to a police statement.
A recess should be called when the child shows signs of fatigue, loss of attention, shut down responses (such as "I don't know" or "I don't" remember) or unmanageable stress. The presence of a support person has proved to help the child respond better to questioning.
The child has the right to have procedures dealt with expeditiously in time frames appropriate to the victim and the offence. As such non-compliance with the proposed case-flow management strategy should be met with sanction.
It is also suggested that cross-examination of the witness be completed before the child is given the opportunity to go into the court room and identify the accused. Any further questions relating to the identification may then be dealt with.
The authors add to the above the following suggestions.
The use of a database to track the services delivered to children and to offer information that can help with planning is crucial. All the role players need to use / contribute to this database which should be applied provincially and nationally.
The definition and responsibilities of the intermediary should be formalised. It should be governed as a speciality area in social work.
To address the concern of the credibility of evidence presented by child witnesses, De Young's31 conceptual model for judging truthfulness and 'Statement Validity Analysis' (SVA), must be adopted as a crucial assessment tool of the validity of statements throughout the witnessing process. Naturally this must then form part of the training of an intermediary to contribute to the process by verifying the credibility of statements to the court.
To truly empathise with the difficulties inherent to the court procedures and disclosure of personal and emotionally-laden information, knowledge of "Child Abuse Accommodation Syndrome"32 must form part of the preparation of the social worker to act as an intermediary.
Proper understanding of the cautionary rule of practice where the factual adjudicator must warn himself to be cautious in evaluating evidence which practice has shown to require circumspection. Cautionary rules that apply in evaluating evidence are single witnesses; collaboration; traps; young children; identity; sexual deviancy; private detectives; prostitutes; and detained witnesses.33
Information gained from the cases managed by Bethany House (marked with roman numerals throughout this document) should be considered, together with further research, for profile identification that can assist with planning of prevention and treatment of child abuse. The use of "impact statements" of teachers, family and other adults that can testify to the consequences of the abuse on the child, will increase appropriate sentencing of the perpetrator.
The establishing a socio-legal clinic where the legal and social work professions can combine their services to most effectively serve the child-client is crucial. We also urge that recommendations of the SA Law Commission be given priority and that the implementation of those recommendations be accelerated.
This article presents a number of interesting realities with regard to the intermediary system. The question is asked whether a more focused and standardised approach to the system (with the release of more information for planning purposes) would strengthen the cases of children, hopefully leading to more convictions and in the end contribute to safer environments for children. Prominence needs to be given to problems highlighted by a number of authors. It has been more than 10 years since the Criminal Procedure Act was amended to allow for the use of intermediaries. Now is the time to follow through on the steps taken by South Africa to act in the best interest of their children.
1. Coughlan & R. Jarman, "Can the intermediary system work for child victims of sexual abuse?", Families in Society, vol.83, issue 5/6, New York, Alliance for Children & Family, Sep-Dec 2002, p. 541.
2. Ibid., p. 541.
3. K. Müller, "The competency examination and the child witness" in K. Müller, The judicial officer and the child witness, © Berne Convention, 2002, p. 152.
4. Ibid., p. 160.
5. Coughlan & Jarman, op. cit., p. 541.
6. Ibid.
7. K. Müller, "A question of confusion: cross-examination and the child witness" in K. Müller, The judicial officer and the child witness, © Berne Convention, 2002, p. 170.
8. Ibid., p. 171.
9. A. Viviers (1999), "Manual on practice guidelines for Intermediaries" in RAPCAN Resources Aimed at Prevention of Child Abuse and Neglect, Intermediary Training Manual, 2005. Available online at <http://www.rapcan.org.za>, accessed on March 13, 2007.
10. H. Combrink & E. Durr-Fitche, "The Child Witness", The Child Care Worker, volume 12, No. 2, The International Child and Youth Care Network, Wisconsin-Milwaukee, 1994. Available online at <www.cyc-net.org>, accessed on February 5, 2007.
11. Ibid.
12. Coughlan & Jarman, 2002, op. cit.
13. Ibid., p. 542.
14. Coughlan & R. Jarman, op. cit.
15. Statistics South Africa, 2006, p 9.
16. SAPS South African Police Service, Annual Report, 2006, p. 93.
17. A. Van der Merwe, "Aspects of sentencing in child sexual abuse cases" in K. Müller, The judicial officer and the child witness, © Berne Convention, 2002, p. 264.
18. Ibid., p. 265.
19. D. Van Zyl Smit, "Conviction rates of crimes reported in eight South African police areas", South African Law Commission Research Paper 18, Project 82, 2000, p. 11. Available online at <http://www.doj.gov.za/salrc/rpapers/rp18.pdf>, accessed on March 13, 2007.
20. Ibid., pp.18-19.
21. Van der Merwe, op. cit., pp. 261-262, 267-268, 272.
22. Ibid., pp. 269-270.
23. SAPS South African Police Service, Annual Report, 2006, p. 94.
24. Coughlan & R. Jarman, op. cit.
25. Ibid.
26. Ibid., pp. 544-545.
27. K. Müller, "An inquisitorial approach to the evidence of children" in C. W. Marais (Ed), Crime research in South Africa CRISA, volume 4, Number 4, Johannesbourg, University of South Africa, 2001. Available online: at <http://www.crisa.org.za/volume4/ia.html>, accessed on February 5, 2007.
28. Enquiries: Dellen Clark and Carrie Kimble. Website accessed on March 13, 2007.
29. Coughlan & Jarman, op. cit.
30. A. Van der Merwe & K. Müller, "Judicial management: 'The boss of the court'" in K. Müller, The judicial officer and the child witness, © Berne Convention, 2002, pp. 283-296.
31. De Young (1986) in K. Müller, "Evaluating the credibility of child witnesses: a more scientific approach" in K. Müller, The judicial officer and the child witness, © Berne Convention, 2002, pp.214-222.
32. K. Hollely, "Breaking the silence: a gradual process of disclosure", in K. Müller, The judicial officer and the child witness, © Berne Convention, 2002, p. 126.
33. South African Justice College Notes (1994), "Corroboration and the Cautionary Rules" in RAPCAN Resources Aimed at Prevention of Child Abuse and Neglect, Intermediary Training Manual, 2005. Available online at <http://www.rapcan.org.za/>, accessed on March 13, 2007.
The Bethany House Trust
PO Box 6, Paardekraal, 1752 - South Africa
Email: email@example.com, email@example.com
Founder and Chairman of Board of Trustees of the Child in Crisis Trust. Former Child Abuse Specialist with the South African Police Services Child Protection Unit. A founding member of Alliance for Street Children (ASC) - a non governmental organisation providing specialized care for street children. Member of the: Criminological Association of South Africa (CRIMSA), International Police Association (IPA), Institute for Security Studies (ISS) and National Association of Child Care Workers (NACCW). He also serves as Elder in Abundant Life Community Church.
Started working as a statutory social worker at Child Welfare Krugersdorp in 1997 and in 1999 obtained her Masters Degree cum laude. During 1998 to 2000 formed part of the multi-disciplinary team of the adolescent wards in Sterkfontein psychiatric hospital. In 2001 Bethany House Trust contracted her as their first Therapeutic Programme Manager. Obtained her doctorate in 2006.


text:
Control Valves
MRC Global is a leading provider of control valves to the Norwegian Continental Shelf.
Engineering Services
Engineering to adapt a product's functionality to an application, with regard to minimizing maintenance and the need for modification.
MRC Global has an extensive line of specialty products and related supplies utilized in this industry.
Andrew R. Lane
President & CEO
Andrew R. Lane has served as our president and chief executive officer since September 2008. He has also served as a director of MRC Global Inc. since September 2008.
Six Reasons to Join MRC Global
Our People. Our Benefits. Our Opportunities. Our Stability. Our Heart. Our Future.
MRC Global InSight
October 2019
MRC Global's magazine, InSight, is published bi-annually for our customers and features product lead times, data, sector information and price trends.
Contact MRC Global
MRC Global Norway - Piping Division has experience and tradition in supply of pipe, fittings, flanges and accessories both topside and subsea to the Norwegian continental shelf and Internationally for more than 40 years!
Some of our subsea products:
Our Company
Customer Tools
Supplier Tools
Connect with us
Request Literature
Choose from the following literature:

subset: commoncrawl


text:
The College Season Rankings will be run weekly on Wednesdays through the end of the season, using data from games between rostered college teams at USA Ultimate sanctioned events from January 1st through March 31st, 2013. The algorithm in use is the Top25 algorithm written by USA Ultimate Hall of Famer Sholom Simon. More information on the bid allocation process is available in the college season guidelines.
Open Division | Women's Division
Rankings Status: Final


text:
Aug 3, 2006 (CIDRAP News) – In an apparent policy shift, Indonesia promised today to freely share genetic data on H5N1 avian influenza viruses, according to a Bloomberg news report.
That announcement comes 2 days after the United Nations Food and Agriculture Organization (FAO) and the World Organization for Animal Health (OIE) pledged to "systematically" publish avian flu virus sequences and urged others to follow suit.
The two announcements raise the prospect of better tracking of mutations in the virus, which should help in the development of vaccines to use in case the H5N1 virus evolves into a strain capable of causing a human pandemic.
Indonesia's health minister, Siti Fadilah Supari, said the country will deposit avian flu virus data in GenBank, a public database of genetic sequences, according to today's Bloomberg report. She said data from the recent family case cluster in Sumatra involving person-to-person transmission would be included.
The journal Nature reported Jul 28 that until very recently, Indonesia had shared few, if any, H5N1 virus samples from birds over the past year. Peter Roeder, an FAO official in Indonesia, was quoted as saying the FAO had received no sequence data from poultry viruses from August 2005 until very recently, when 91 samples arrived at an OIE facility in Geelong, Australia.
The Indonesian announcement was welcomed by the World Health Organization (WHO), according to Bloomberg. "We are very pleased with the Indonesian government decision. This will be important for the international response to avian influenza," George Petersen, WHO representative in the country, told Bloomberg.
The OIE and FAO announced Aug 1 that their joint network of expertise on avian influenza, called OFFLU, would "systematically make avian influenza virus sequences accessible to the entire scientific community," according to an FAO news release. The groups promised to send virus samples to the US National Institutes of Health for sequencing and would deposit the sequence data in GenBank.
"With this gesture OFFLU reiterates its call to the world's scientists, international organizations and countries for a global sharing of virus strains and sequences," the FAO said.
Virus strains are often considered intellectual property, and some experts believe that sharing them can possibly hamper research progress and scientific publication, the FAO statement said.
OFFLU was launched in April 2005 with the aim of sharing avian flu data and virus samples internally and with the wider scientific community, the FAO said. In February of this year, OFFLU launched a campaign for openness when Dr. Ilaria Capua of Italy, chair of the network's Scientific Committee, published sequence data on H5N1 strains from Nigeria and Italy and urged 50 colleagues around the world to share their data.
In March, the OFFLU Scientific Committee decided "to put new emphasis on the need for further collection, characterization, and exchange" of avian flu viruses and for expansion of sequence data, the FAO reported. At about the same time, Capua and four OFFLU colleagues wrote a letter to the journal Science promising to make H5N1 samples available for sequencing.
See also:
Aug 1 FAO news release about H5N1 data sharing
Aug 1 OIE news release
OFFLU site


text:
There is much that we don't yet know about Dzhokhar and Tamerlan Tsarnaev, the suspects in the Boston Marathon bombings. But one thing we do know is that they come from the Russian republic of Chechnya and that the family probably fled their homeland after war broke out in 1994. Although that war began as a movement for Chechen sovereignty and independence, it escalated into two extraordinarily bloody, messy, vicious armed conflicts, during which hundreds of thousands of people were killed. Grozny, the Chechen capital, was thoroughly destroyed. Photographs taken there after the war's end look eerily old-fashioned, as though they were from Warsaw or Dresden in 1945.
One brother was born in Kyrgyzstan, a former Soviet republic, and it is not odd that both later went to school in Dagestan, another Russian republic: They were refugees. Nor is it strange that the brothers were speaking and posting to social media sites in Russian, which is still the dominant language in much of the post-Soviet world. For the record, there are many Russian Muslims and many Chechens living in ethnically Russian Russia, and it wouldn't be surprising if there are many Chechens living in ethnically Kyrgyz Kyrgyzstan as well. The Soviet Union was a multinational, multiethnic, multireligious state. Much of the post-Soviet world remains equally if sometimes uncomfortably mixed.
What seems exotic to Americans, in other words, could prove to be a fairly common story: A Chechen family flees terrible violence, moves around the former Soviet Union for a few years, finally strikes it lucky and ends up in the United States. They've been in the country for a decade. The brothers went to high school in Boston. One was an amateur boxing champion, the other a freshman at the University of Massachusetts Dartmouth.
But something went terribly wrong, and perhaps that something had to do with Chechnya. The two bloody Chechen wars caused incredible damage – the 26-year-old older brother, who died after a shootout with police early Friday, may well remember the violence – and inspired an equally bloody terrorist movement. Once a largely secular population, some Chechens became radicalized after losing their homes, friends and families. Highlights of Chechen terrorism include the violent storming of a Moscow theater, attacks by several female suicide bombers and the bombing of a Moscow airport. Worst of all was the 2004 siege of a primary school in the city of Beslan, a disaster that ended with the deaths of hundreds of parents and children. The nihilism and cruelty of Chechen terrorists – who have often targeted innocent bystanders – seem to have an echo in the horribly random Boston bombings.
One or both of the brothers might well have been in touch with Chechen separatists, whose website they were reportedly reading. They could even have been in touch with al-Qaeda. But I wouldn't jump to that conclusion. Chechen terrorists have in the past been more anti-Russian than pro-Islam. They were never anti-American, and they aren't known to have acted outside of Russia. They have only the weakest of links to other international terrorists.
Look, instead, at another possibility – one that is in some ways more disturbing than the convenient "foreigners who hate us" explanation. Although very little has been confirmed, the behavior of the Tsarnaev brothers looks less like that of hardened, trained terrorists and far more closely resembles the second-generation European Muslims who have staged bombings in Madrid, London and other European cities. Educated and brought up in Europe, these young men nevertheless felt out of place in Europe.
Unable to integrate, some turned toward a half-remembered, half-mythological homeland in search of a firmer, fiercer identity. Often they did so with the help of a radical cleric like the one the Tsarnaev brothers may have known. "I don't have a single American friend," Tamerlan Tsarnaev reportedly said of himself. That's the kind of statement that might have been made by a young Pakistani living in Coventry, or a young Algerian living in Paris.
We don't expect to hear it from someone who grew up in Boston, a city that has taught generations of foreigners to become Americans in a country that likes to think of itself as a melting pot. But now it might be time to change our expectations. These terrorists are a lot less like the 9/11 attackers and a lot more like the men known as the Tube bombers of London or the train bombers of Spain. Our response is going to have to be different – very different – as well.


text:
Oh Snark, oh Snark,
My critique group is in a tizzy while getting prepared for a local writer's contest. Perhaps I don't tizzy well, but I am not among the enthusiastic members. We seem to see the opportunity in two different lights. They seem to feel that winning will bring editors knocking, pleading for the awarded work. I sigh. I say that winning a contest simply helps sweeten the query and that's about it. It might catch the eye of an overworked editor/agent and convince them to give the work a read, but the work must stand alone. If it ain't good, no blue ribbon will make an editor send a contract.
I just attended a conference and got four requested reads (and I have no awards). I feel my time was better spent. So, are contests worth the effort? They're a bit expensive. Would a ribbon convince you to request a read?
Yikes. Do they give out ribbons for participation? Miss Snark remembers those ribbon award days well, given her innate ability to conk her compatriots in the shins with field hockey sticks...an ability not matched by the hand-eye coordination required to do anything productive like score a goal-for her own team or anyone else's.
But I digress.
Writing contests feed on the fevered hopes of writers that this will be Their One Big Chance.
If you think you're Lana Turner sitting on the bar stool at Schwabs (for those of you in the Pacific Northwest...this Schwabs is NOT the tire dealer based in Prineville) remember that Lana Turner wasn't actually discovered that way, and neither will you.
But I digress.
No, writing contests don't mean a thing (unless it's Miss Snark's Second Annual Writing Contest of course). It is, however, a way to focus on getting something finished, and having someone outside the critique group read it. It's not going to kill you to enter. It's not going to keep me from reading your stuff if you send it to me. It's also not going to be an automatic "oh dear dog I must read this incredible tone poem that won First Place in the Frangiapani, North Dakota Writer's Bar and Grill Sweepstakes". I reserve those swoons for writing that involves royalty checks.


text:
Teens are usually disengaged at Mass not because they don't care about God or don't want to know Him but because no one has ever connected the dots between the ritual and the relationship. Altaration acknowledges "the elephant in the sanctuary" as Mark Hart calls it, encouraging and challenging teens to take another look – a deeper look – at the liturgy and all that heaven is doing here on earth through it.
Copyright 2015 Mark Hart.
Image copyright 2015 Ascension Press. All rights reserved.


text:
Prone to please: Habitat picks green affordability
The past two years have been uncertain for 18 families in the Sunrise Trailer Court. The 2.3-acre site located in lower Belmont, aka "Hogwaller," was for sale in a neighborhood known for ever-encroaching gentrification.
Enter Jimmy Carter's favorite charity. Habitat for Humanity not only bought the site in order to preserve affordable housing, but also agreed to add something that low-cost, low-income urbanism rarely seems to offer: "a vibrant, attractive urban neighborhood."
Tipped off to the site by the Belmont Neighborhood Association, Habitat closed on the Carlton Road property for $1.2 million in November ($1 million in cash and $200,000 in guaranteed improvements). The Charlottesville Community Design Center then agree to hold an international contest to find an architect.
"Urban Habitats" was an ideas competition with more than an eye on reality. The competition– also sponsored by the Piedmont Housing Alliance, the Blue Moon Fund, and UVA's School of Architecture– sought to promote redevelopment without dislocating the 18 trailer court families.
The initial specifications for the development dictated at least 20 Habitat houses to join low-income owner-occupied housing, some rental units, and some commercial space. And borrowing an idea from Chicago's widely lauded North Town Village, the 72-unit complex will also include 36 residential condominiums to be sold at market rates.
On July 11, three finalists emerged (from nearly 100 entrants) with proposals that were feasible at the expense of flashy. Unfortunately, conceptual provocation doesn't always translate well in the domestic sphere, and the most challenging proposals garnered only honorable mentions. But even if there was a serious lack of imagination among the finalists, the measure of their success was how well they could foster a sense of place-identity.
First place awarded by the jury of architects, planners, and neighborhood advocates went to a Cambridge, Massachusetts, firm called Prone.
"This one says 'home' to me," says Marion Dudley, jury member and a current Sunrise Trailer Court resident. "It's more like our own home that we have now than any of the other entries."
"Double Wide, Triple High," as Prone dubbed its entry, incorporates private and semi-private courtyards in the site's current orientation. As some of the construction will be executed by a Habitat labor force (both skilled and unskilled), the new place will employ a combination of concrete masonry units and stick-built wood cladding.
In a statement released by the CCDC, jurors lauded Prone's design for avoiding the kind of homogeneity associated with the evils of urbanism past. However, what the buildings will look like is a different story.
Prone's design team shamelessly aped the Swiss architect Le Corbusier's "Five Points for a New Architecture," which celebrates standardized and mechanized banality. Despite this, Prone was faithful to the most important point: a green roof.
For Le Corbusier, a green roof was essential to domestic life as a healthful respite from urban chaos, an undeniable reality in 1930s Europe. While this kind of solution can ultimately reinforce us-and-them divisions in the landscape, Prone's green roof attempts to integrate urban and non-urban circumstances.
With the invasion of industry and commercial space in Belmont, this kind of integration is essential to the community aspect of sustainability in addition to the environmental.
By their nature, competitions have winners and losers. While Prone's proposal is not the most innovative, it helps Sunrise Trailer Court maintain its dignity as a community. Belmont will continue to change for better and for worse but "Urban Habitats" promotes a green (r)evolution that one hopes will spread to the rest of Charlottesville.
"Double Wide, Triple High" preserves the central court concept of Sunrise Court.


text:
Not all of the LPL advisors roaming the halls of the San Diego Convention Center, where the firm is holding its three-day annual conference, are reporting to and seeking services from the same back offices in Boston, San Diego or Charlotte.
In fact, a large number are dealing with branches — OSJs, or offices of supervisory jurisdiction — that function under their own RIA, which may be based somewhere else entirely, such as Solon, Ohio.
That is the location of a network of advisors doing business as Stratos Wealth Management, and the more than 150 LPL advisors who are Stratos partners are getting a smaller payout than advisors serving under LPL's corporate RIA. So the question is, why are they voluntarily taking a pay cut?
"We plug in resources and support mechanisms. Where the broker-dealer stops, we step in," says Jeffrey Concepcion (left), Stratos' president and CEO, in an interview with ThinkAdvisor.
"We create old-line partnerships like accounting and law firms have," adds founding partner Charles Shapiro, who also sat in for the interview. That means not just the camaraderie of sharing ideas and expertise, but also a sharing of profits.
"We are structured as a partnership," Shapiro says. "There's an equity plan where we're distributing 25% of the firm to the advisors. It definitely goes to strengthening the relationship."
Concepcion adds that Stratos distributes 60% to 70% of net income to shareholders, based on members' profit contributions, each year.
While the shared equity creates a sort of economic glue binding the partners, the two Stratos executives point to their service offering as the key added value.
Shapiro says Stratos does more to support advisors' transition, maintenance and growth than is commonly found in the industry.
For example, he says, "processing transfer paperwork is not supported well in the world of independence. We have a team to prepare and process that business so that a transition that might take six months we bring down to three months."
Once the advisor is on board, Stratos' team not only helps with negotiating leases, telecom and the like, but has in place a chief investment officer, head of financial planning, IT, marketing, supervision and compliance.
"All of this infrastructure is there to help them with the support of their business, which is especially valuable for formerly wirehouse advisors used to having all that support," Shapiro (left) says.
But again, getting back to the financial aspect of whether a paycut from LPL's standard payout can be justified, it is in the area of business growth that Stratos believes its advisor partners most benefit.
"We've been given statistics from LPL that … Stratos advisors on board 24 months have grown at 5 times the rate of a normal advisor going independent," Shapiro says.
Part of this may be the ability to delegate the "noise" of being independent to Stratos' staff, but Concepcion illustrates how his executive team members roll up their sleeves to help their advisors secure new business.
"Not a week goes by when I'm not sitting with an advisor helping them form a strategic alliance," he says.
Concepcion says that despite good intentions, strategic alliances between an advisor and, say, a CPA or insurance firm, typically yield poor results because the process is too passive.
The Stratos approach is to set a meeting on the calendar once each month where the advisor will come to the CPA partner for coffee and find four files on his desk. The CPA will not just give over names, but pick up the phone and call the client, tell her that he wants to make sure her investment needs are handled professionally, and invite the client for a no-obligation review.
"This has led to meaningful and consistent revenue for the advisors," Concepcion says. The advisor hosts reciprocal meetings.
Stratos execs also help out with top prospect meetings. For example, Concepcion was in Columbia, S.C., last week, where an advisor had a meeting with a prospect whose advisor had just died.
It was a multigenerational account, where between the main prospect, his parents and children, assets totaled about $35 million. The advisor was supposed to get an agenda from the prospect, but he never delivered it until the meeting, at which time they were given a dense five pages. But because of their expertise, not only in asset management but particularly in areas related to dynasty trusts and such, the advisor landed the account.
"We're willing to be in the trenches with our advisors day in and day out," Concepcion says.
Stratos is one of the largest of about a dozen independent RIAs working within LPL, and these hybrid firms make up a disproportionate share of the firm's revenue.
The firm offers two models—a full-service model that is especially suited to former wirehouse advisors that offers a payout in the 50% to 70% range, and an independent model with payouts in the 65% to 87% range. Stratos members are nearly equally divided among these two options, with slightly more on the indie side.
Those payouts imply a pay raise for wirehouse advisors, and a pay cut for indies. Still, Stratos notes that the recruiting trend of late has been fueled by indie advisors, with three out of its four top producers this year coming from that sector.
The firm is adding 30 to 40 advisors per year, with average trailing 12-month revenue of about $400,000. Per its agreement with LPL, the firm is recruiting advisors with at least $250,000 in gross dealer concessions.
Shapiro says Stratos looks for advisors with integrity and a sense of entrepreneurialism, noting that the more intimate nature of the firm's partnership arrangement makes finding "a good fit" more of a priority. Concepcion says they've passed on some substantial producers who were either a bad fit or had compliance problems.
Concepcion says that the Stratos team, which does not recruit from existing LPL advisors per its agreement with the firm, is in San Diego like all the other LPL advisors — to learn about the firm's new technology platforms.


text:
Buying a home in Haiku has been one of the best things to ever happen to me. Not for the home itself, nor the beautiful weather of Maui … but for the genuine, authentic, loving people that I now consider my friends. These are people who love and support each other, challenge each other and bring out the best in each other.
I bring this up because it may be one of the best pieces of advice I can give those of you struggling with a vegan diet:
Be very conscientious about who you spend your time with, and do everything you can to surround yourself with people who will support you and encourage you in your journey.
Be very wary of those who try to hold you back, try to talk you out of your goals or dreams, or constantly play devil's advocate while rarely seeing possibilities. When you hear people close to you say things like, "You'll never stick with that!" or "Why bother – we're all going to die of something anyway," or "God, Joe, it's just a freaking chicken! When did you become such a sensitive little wuss?" big, bright red flags should be waving frantically in front of you. These are not people who really want what's best for you. As hard as it may seem, it will behoove you to either rid them from your life or minimize their presence in it.
People who don't support your decision to go vegan are also the same people who will try to tear you down in other parts of your life. If you want to move to a new city, quit drinking, start a new business, write a book, explore spirituality or take on a new hobby, they're often the ones that will say it can't be done, it's a silly idea, or just flat out laugh at you.
Instead, seek out people who really do support and care for you; people who see your goodness and bring it out of you. Seek out people who are strong enough with themselves that they are not threatened by you; people who support your dreams and goals, but will also lovingly challenge you if they believe you may be doing something harmful or not in your best interest.
You don't have to move to Maui to find such people – go to places where like-minded people meet. If you're a budding vegan, go to a vegan meetup where you'll find others who care about health and have compassion for animals and our environment. If you've been reading Buddhist books and went vegan for reasons of compassion and loving-kindness, seek out a meditation group or other spiritual group in your area. If you love animals or feel strongly about the need to save our environment, meet incredible people who have similar values at volunteer organizations.
Plant people in your life who sprout seeds of goodness within you, people who inspire greatness, people who make you light up with joy just seeing their face. These are the people who will lift you up on their wings, set great examples for you and teach you new lessons so that you can really soar.


text:
Abandoned/Foreclosed Properties
My neighbors lost their house due to foreclosure and it has been vacant for several months. There is garbage all over the yard and a back yard pool that has not been maintained. I'm especially worried about mosquitoes and the potential for West Nile Virus. What can I do to help remedy these problems?
Abandoned and foreclosed homes pose health and safety risks to the area, in addition to becoming a nuisance to the neighborhood. Unkempt swimming pools pose a potential danger, since and commonly attract crime; vacant properties are often used for illegal drug sales.
Step 1
Report the home to the City of Tracy Code Enforcement Division at (209) 831-6410 or firstname.lastname@example.com. Provide the street address and all information you have about the state of the home. Provide any and all information relative to the violations you believe exist on the property.
Step 2
File a report with Tracy Police at (209) 831-4550 if there is vandalism. The police will search the property for signs of vandalism or vagrancy.
Step 3
Contact Tracy Police to organize a Neighborhood Watch Group . A Neighborhood Watch Group is a group of area residents who volunteer to look after the neighborhood and other residents to help deter crime. Neighborhood Watch Groups often have contact with local authorities.
Step 4
Contact the lender if the home is bank-owned. Ask for the foreclosure or bank-owned real estate department. List all the problems with the home, like broken windows, and inform the lender you have already contacted the local authorities.
Information on mosquito-borne diseases is available from the Centers for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH) websites. Contact information for local mosquito and vector control agencies in California can be found through the CDPH website by entering the zip code of the location of interest under "Locate your Local Mosquito and Vector Control Agency" at http://www.westnile.ca.gov/ .


text:
Model(s) Affected: All Residential & Commercial Gas Units (#102)
A cold beverage bottle "sweats" in summertime when exposed to the warm air. A toilet tank can "sweat" in summertime when the cooler incoming water reacts to the warmer temperature of the ceramic tank. Likewise, in the winter time, the cold incoming water reacts to the warmer temperature of the tank causing it to condense. Condensation forms on window panes in wintertime when the warm air of the room comes in contact with the cold outside air. Condensation can form on the cool surface of a bathroom mirror as a result of the warm air from the shower stall contacting the mirror. Incoming cold water in wintertime can cause copper pipes to sweat in the warmer climate of a basement. Water heaters can "sweat" when incoming cold water temperature is drastically changed by the heat of the gas burner. Energy-saver water heaters "sweat" because more heat is transferred into the tank (making them more efficient) but the condensation caused by the combustion process does not evaporate causing the vapor to drip. A solution to this annoying condition is to place the water heater into a drain pan to collect the water until it naturally evaporates. Plastic drain pans are readily available. Some gas utility companies and local building codes may not permit a plastic pan under a gas fired water heater. Most plumbing supply houses have a source for metal drain pans.


text:
How does this medication work? What will it do for me?
Propofol belongs to a class of medications known as hypnotics or anaesthetics. Hypnotics cause sleep and reduced sensitivity to pain by reducing the movement of pain messages through the nerves. They may cause partial or complete unconsciousness.
Propofol is used to induce and maintain sleep as part of anesthesia during surgery for adults and children 3 years of age and older. It may be used for adults before an uncomfortable procedure, to relax and reduce awareness but not cause deep sleep. This is referred to as conscious sedation. Propofol is also used to reduce awareness and cause sleep for adults who are being treated in an intensive care unit. This reduces awareness of surroundings and thus reduces the stress on the body, allowing recovery.
This medication may be available under multiple brand names and/or in several different forms. Any specific brand name of this medication may not be available in all of the forms or approved for all of the conditions discussed here. As well, some forms of this medication may not be used for all of the conditions discussed here.
Your doctor may have suggested this medication for conditions other than those listed in these drug information articles. If you have not discussed this with your doctor or are not sure why you are receiving this medication, speak to your doctor. Do not stop taking this medication without consulting your doctor.
Do not give this medication to anyone else, even if they have the same symptoms as you do. It can be harmful for people to take this medication if their doctor has not prescribed it.
What form(s) does this medication come in?
Each mL of white, oil in water emulsion contains 10 mg propofol for IV administration. Nonmedicinal ingredients: soybean oil, glycerin, egg phosphatide, and water for injection with sodium hydroxide to adjust pH.
How should I use this medication?
The dose of propofol used depends on why the medication is being given. Your doctor will calculate the appropriate dose based on body weight. Propofol is given intravenously (through a vein) by an anesthetist (a doctor who specializes anesthesia).
Propofol should only be used by doctors who have experience with anesthesia and using propofol. You should be continuously monitored and facilities for maintenance of a person's airway, artificial ventilation, and oxygen enrichment and circulatory resuscitation must be immediately available in case needed.
Many things can affect the dose of medication that a person needs, such as body weight, other medical conditions, and other medications. If your doctor has recommended a dose different from the ones listed here, do not change the way that you are taking the medication without consulting your doctor.
It is important that this medication be given exactly as recommended by your doctor. If you miss an appointment to receive propofol, contact your doctor as soon as possible to reschedule your appointment.
Store this medication at room temperature, protect it from freezing and keep it out of the reach of children.
Strict aseptic techniques must always be maintained during handling as propofol is a single-use injectable product, and contains no antimicrobial preservatives. The vehicle is capable of supporting rapid growth of microorganisms. Failure to follow aseptic handling procedures may result in microbial contamination causing serious infections which could lead to life-threatening illness such as septic shock.
Do not dispose of medications in wastewater (e.g. down the sink or in the toilet) or in household garbage. Ask your pharmacist how to dispose of medications that are no longer needed or have expired.
Who should NOT take this medication?
Do not use this medication if you:
- are allergic to propofol or any ingredients of this medication
- are 18 years of age or younger receiving intensive care
- are planning to drive or operate any tools or machinery on the day of surgery
- are pregnant or breastfeeding
- have any contraindications to sedation or general anaesthesia
- have high fat levels in the blood (high triglycerides)
What side effects are possible with this medication?
Many medications can cause side effects. A side effect is an unwanted response to a medication when it is used in normal doses. Side effects can be mild or severe, temporary or permanent.
The side effects listed below are not experienced by everyone who receives this medication. If you are concerned about side effects, discuss the risks and benefits of this medication with your doctor.
The following side effects have been reported by at least 1% of people receiving this medication. Many of these side effects can be managed, and some may go away on their own over time.
Contact your doctor if you experience these side effects and they are severe or bothersome. Your pharmacist may be able to advise you on managing side effects.
- decreased or increased heart rate
- difficulty breathing
- dizziness
- flushing
- headache
- heat or pain at the injection site
- irregular heartbeat
- low blood pressure
- nausea or vomiting
- rash
Although most of the side effects listed below don't happen very often, they could lead to serious problems if you do not seek medical attention.
Check with your doctor as soon as possible if any of the following side effects occur:
- agitation
- cough
- muscle spasms
Stop using the medication and seek immediate medical attention if any of the following occur:
- seizures
- symptoms of a heart attack (e.g., chest pain, difficulty breathing, pain down left arm)
- symptoms of an allergic reaction (e.g., difficulty breathing, sweating, swelling of the face or throat, hives)
- symptoms of low blood sugar (e.g., dizziness, confusion, weakness, sweating)
Some people may experience side effects other than those listed. Check with your doctor if you notice any symptom that worries you while you are using this medication.
Are there any other precautions or warnings for this medication?
December 22, 2017
Health Canada has issued new restrictions concerning the use of Diprivan® (propofol). To read the full Health Canada Advisory, visit Health Canada's web site at healthycanadians.gc.ca.
Before you begin using a medication, be sure to inform your doctor of any medical conditions or allergies you may have, any medications you are taking, whether you are pregnant or breast-feeding, and any other significant facts about your health. These factors may affect how you should use this medication.
Drowsiness/reduced alertness: Propofol will cause reduced alertness and cause a person to be drowsy even after they have awakened. If you have received propofol as part of an outpatient procedure, you should not drive or operate machinery until the effects of propofol have completely passed.
Heart disease: If you have heart disease, discuss with your doctor how this medication may affect your medical condition, how your medical condition may affect the dosing and effectiveness of this medication, and whether any special monitoring is needed.
Impaired fat (lipid) metabolism: If you have impaired lipid metabolism (e.g., high lipid levels associated with diabetes, pancreatitis), discuss with your doctor how this medication may affect your medical condition, how your medical condition may affect the dosing and effectiveness of this medication, and whether any special monitoring is needed.
Impaired kidney and liver function: The safety and effectiveness of using this medication if you have impaired kidney and liver function have not been established.
Seizures: If you have seizures or a history of seizures, discuss with your doctor how this medication may affect your medical condition, how your medical condition may affect the dosing and effectiveness of this medication, and whether any special monitoring is needed.
Pregnancy: This medication should not be used during pregnancy. If you are or may be pregnant and require this medication, contact your doctor immediately.
Breast-feeding: This medication passes into breast milk. If you are a breast-feeding mother and are taking propofol, it may affect your baby. Talk to your doctor about whether you should continue breast-feeding.
Children: The safety and effectiveness of this medication have not been established for children less than 3 years of age. Propofol may be used as part of anesthesia for children 3 years of age and older. It should not be used for children under the age of 18 as sedation in intensive care or conscious sedation.
Seniors: Seniors may be much more likely to experience side effects of this medication and may require lower doses.
What other drugs could interact with this medication?
There may be an interaction between propofol and any of the following:
- benzodiazepines (e.g., clonazepam, diazepam, lorazepam)
- cyclosporine
- inhaled anesthetics
- medications that affect the muscles (e.g., neostigmine, suxamethonium)
- miconazole
- opioid pain relievers (e.g., codeine, fentanyl, morphine)
- other medications that cause drowsiness
- thiotepa
If you are taking any of these medications, speak with your doctor or pharmacist. Depending on your specific circumstances, your doctor may want you to:
- stop taking one of the medications,
- change one of the medications to another,
- change how you are taking one or both of the medications, or
- leave everything as is.
An interaction between two medications does not always mean that you must stop taking one of them. Speak to your doctor about how any drug interactions are being managed or should be managed.
Medications other than those listed above may interact with this medication. Tell your doctor or prescriber about all prescription, over-the-counter (non-prescription), and herbal medications you are taking. Also tell them about any supplements you take. Since caffeine, alcohol, the nicotine from cigarettes, or street drugs can affect the action of many medications, you should let your prescriber know if you use them.
All material copyright MediResource Inc. 1996 – 2020. Terms and conditions of use. The contents herein are for informational purposes only. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Source: www.medbroadcast.com/drug/getdrug/Propofol-Injection


text:
S.C. transportation chief resigns after DUI arrest
- Robert St. Onge Jr. registered 0.20 percent on breath test
- He was released on his own recognizance
- S.C. Gov. Nikki Haley appoints interim director
COLUMBIA, S.C. -- The director of South Carolina's Department of Transportation resigned Friday after being arrested and charged with driving under the influence.
Robert St. Onge Jr., 66, submitted his resignation to Gov. Nikki Haley's office.
"With heartfelt regret, I am resigning my position as Secretary of Transportation effective today due to personal reasons," St. Onge wrote in his letter.
Lexington County deputies arrested St. Onge on Friday at around 8 a.m. on Interstate 20. State troopers were called to the scene to assist with the stop.
According to state troopers, St. Onge was driving erratically and failed a field sobriety test. He was taken to the jail where troopers say his blood-alcohol level was measured at 0.20 percent in a breath test, more than twice the legal threshold of 0.08 percent.
He was then booked at the Lexington County Detention Center just before 10 a.m., and was later was released on a personal recognizance bond.
St. Onge had served as the leader of the transportation agency since February of 2011. Previously, he served 34 years in the Army, retiring as a major general in 2003.
"General St. Onge is a good man with a lifetime of service to his country, and more recently, our state," said Haley spokesman Doug Mayer in a statement. "That said, we have a no tolerance policy for our state agency directors, and so General St. Onge has resigned as Secretary of Transportation. The governor thanks him for his work fixing the serious fiscal issues he inherited at the Department of Transportation -- the state is better off because of his service."
Christy Hall, the deputy secretary of finance and procurement at the Department of Transportation, will serve as acting secretary. Haley's office says she plans to find a permanent appointee for Senate confirmation this session.


text:
The emerald ash borer, which kills any ash tree in its path, has officials worried.
There's a new killer in central Illinois that potentially could claim the lives of 130 million victims throughout the state. The emerald ash borer, which kills any ash tree in its path, was discovered in Peru and has officials worried. Hundreds of purple boxes have popped up in ash trees along central Illinois roadways, attracting the attention of not only bugs but also drivers. The boxes, about the size of a microwave, are covered in an oil that attracts the emerald ash borer, as well as a sticky surface that traps any bug that lands on them. "Basically, they are monitoring devices," Peoria Forest Park Nature Center manager Mike Miller said of the boxes, which have been planted throughout the area during the past few weeks by the Illinois Department of Agriculture. The invasive metallic green beetles are native to Asia and burrow under the bark of ash trees, cutting off nutrients. First found in Detroit in 2002, the pesky insects have made their way around the Midwest at an alarming speed. Scientists are unsure how they came to North America, where the trees have no defense system. LaSalle County is the farthest west the emerald ash borer has been located, forcing officials to quarantine much of northwest Illinois. Firewood and ash trees may not be transported outside the quarantined area, and violators can face a $500 fine. During the 1950s, millions of elm trees throughout Illinois were killed by Dutch elm disease, and ash trees were planted to replace them. If the emerald ash borer makes its way outside the quarantined area, entire forests may be devastated, said Julian Heminghous, emerald ash borer outreach coordinator for the Illinois Department of Agriculture. "Any tree is pretty valuable," she said. "And ash trees are very prevalent throughout Illinois." Aside from their ecological importance, ash trees are used in the construction of many common goods, such as baseball bats and furniture, Miller said. If they are wiped out by emerald ash borers, there would be economical as well as ecological consequences. Tree owners are encouraged to notify the Department of Agriculture if the bug is spotted. However, the beetles are easily mistaken for other insects that can also cause damage to ash trees. Heminhous said there are two tell-tale signs that the emerald ash borer has made its home in an ash tree. The beetle make lots of small, D-shaped holes in the bark when they leave the tree, and they make S-shaped designs under the bark as they eat the tree. "They are something tree owners should be aware of," Heminghous said. "They populate exponentially every year, so we need to find them in their early stages and see if we can't save some of these nearby trees." Peoria Journal Star


text:
With school out for the summer, my wife is faced with the challenge of keeping our kids busy to keep her from going insane. We've been scouring our local community to find events and camps that our kids can enjoy and learn from too.
As I think back to the various sports and day camps I attended as a child, there's no doubt in my mind that these moments helped shape me into the person I am today. I specifically remember attending one basketball camp where I convinced my mom to buy all the gadgets that would help me with my game. Dribble goggles, the shooting glove and a giant basketball all came home with me on the final day of camp. I may have looked a bit crazy on our driveway, but I was passionate about improving!
As I was watching a recorded NBA Summer League game recently (I know – but I love me some Frank the Tank), it reminded me that interests and hobbies from our childhoods result in lifelong passions.
So why am I babbling about what I did as a child and what it means for your organization?
You must find a way to start getting to know consumers when they are young.
Most organizations have programming for young people and/or a percentage of attendees at specific event types are children. Understanding who those kids are and what makes them tick has immense, lifelong value for your organization. Consider these important points:
- You start to build customer profiles around kids. By tracking and understanding their likes and dislikes, you are growing your database and future-proofing your business.
- The children of today are your passionate fans tomorrow. Going a step further, the children of today are your students of tomorrow. These are the same students who will come to your games. They are also your future season ticket holders.
- Today's season ticket holders are tomorrow's major donors. Clearly there is value in watching and engaging kids as they grow up.
Building Lifelong Loyalty
This cradle-to-grave concept is something every entertainment organization should implement.
The cost of capturing and storing data is nothing if you have the right technology. By including customer relationship management (CRM) in your core organizational strategy, you at least ensure that you're collecting the right data at the right time, even if you haven't quite figured out how to use it. It's never too early to start.
Understanding your younger demographic also brings value because they are a gateway to people who have money to spend today. Parents of children, much like my wife, are always looking for activities and events to attend with kids. It's a simple equation: find the kids, get the money.
Creating and maintaining a lifelong relationship with people is hard, but it's also essential. Plant your seeds, grow your roots and cultivate those relationships for as long as possible. You'll be thrilled with the results.


text:
Created by Dex909, whom can be contacted via filefront or through the email listed in the readme. This mod is a graphical enhancement to the game in the way it should actually look like (my opinion of course). More movielike, less comic. Basically I wanted to change the overall looks and feel of the game to be more realistic, dark and detailed. This is a step away from the colourful comic-look and changes various things. All flags for every modified dtx texture have been checked, compared with each original dxt and set by hand in Dedit as there is no other way to retain the original settings for fullbright, sounds on impact or each detailtexture right. No bugs with textures so far.
Only registered members can share their thoughts. So come on! Join the community today (totally free - or sign in with your social account on the right) and join in the conversation.