Thursday, March 4, 2010

Philadelphia PA Lawyer Talks About The Crime Victims Compensation Fund

A vastly underused source of funds is available for crime victims and their families, perhaps at the time when it is needed most. Many states have a Crime Victims Compensation Fund.

The Pennsylvania fund may cover medical expenses, loss of earnings, loss of support, funeral expenses, money stolen or defrauded from individuals on a fixed income, such as Social Security or pension, counseling expenses, relocation expenses, childcare/home health care expenses and crime-scene clean up. The program does not cover pain and suffering or stolen or damaged property, except replacement of stolen or damaged medical devices.

The claim must be filed within two years of the date of the crime. A longer period applies if the victim is a child. In certain circumstances, family members of the crime victim may be eligible for compensation.

The crime must be reported to the proper authorities within three days. You must cooperate with law enforcement authorities investigating the crime, the courts and the Victims Compensation Assistance Program in processing the claim.

The Crime Victims Compensation fund is regarded as a payer of last resort. Payment will be reduced by the amount of any other source, including, but not limited to: health or life insurance, awards for civil lawsuits or insurance, Medical Assistance, Medicare, disability insurance, Workers’ Compensation, or Social Security.

Most claims are processed within three months, but can take longer if the claim is complex.

The Pennsylvania Crime Victims Compensation Act became law in 1976. This fund consists of fines and penalties assessed against persons convicted of crimes. No general tax revenues of the state are used.

Wednesday, January 27, 2010

Appeals panel agrees that failure to read document doesn't null contract

KEITH ARNOLD, Daily Reporter Staff Writer
A Franklin County appellate panel was unable to conclude that the Franklin County Municipal Court's determination in a breach of contract suit between a specialty home-cleaning service and the next of kin of a Grove City man who died in his home was against the manifest weight of the evidence in a recent decision.

"Upon our review of the record, we find no error in the trial court's determination that an enforceable contract existed between the parties," 10th District Court of Appeals Judge Patrick McGrath wrote for the 3-0 court.

The appellate court's holding overruled Nancy Buffington's claim that the trial court was mistaken to find that the contract between her and the cleaning service was enforceable and, therefore, obligated the woman to utilize the company's services per the agreed terms.

Buffington's father died in his home on Nov. 10, 2005, case summary provided. The man's body was discovered one-and-a-half to two days after his death. Approximately one week later, the personal belongings were removed from the home and it was listed for sale.

On Jan. 14, 2006, Buffington contracted for the services of Aftermath Inc., which provides biological remediation and cleanup services. According to the contract, the woman agreed to pay for cleanup services concerning an unattended death in the Grove City home.

Aftermath's complaint alleged that after the firm rendered services, appellant refused to pay the amount due under the contract. After a trial to the bench, the trial court concluded that a valid written contract existed between the parties and that the company was entitled to payment for the services rendered in accordance with the contract. The court awarded damages in the amount of $6,189.36 to Aftermath.

The panel noted Buffington signed both a site cleanup agreement and a fee agreement for non-insurance-related jobs. Additionally, the court rejected the woman's claim there existed no evidence that she understood or agreed to biological remediation of her father's home.

"... As noted by the trial court, appellant's stated failure to read the documents prior to signing them is of no consequence as it is well-established that the failure to read the terms of a contract is not a valid defense to enforcement of the contract," as in Haller v. Borror Corp. (1990), 50 Ohio St.3d 10, 14.

"Further, appellant's argument that she was 'mistaken' equally fails because 'relief for a unilateral mistake of material fact will not be provided where such mistake is the result of the negligence of the party seeking relief,'" as in Hikmet v. Turkoglu, 10th Dist. No. 08AP-1021, 2009-Ohio-6477, and Marshall v. Beach (2001), 143 Ohio App.3d 432, 437.

Fellow 10th District Judge Susan Brown and John Connor joined McGrath to form the majority.

The case is cited as Aftermath Inc. v. Buffington, 2010-Ohio-19.

Tuesday, January 26, 2010

Pennsylvania Leads Nation in Black Homicide Victimization

For the third time in four years, Pennsylvania leads the nation in the rate of black homicide victimization. According to unpublished 2007 Federal Bureau of Investigation (FBI) Supplementary Homicide Report (SHR) data (the most recent available), the Keystone State's black homicide victimization rate of 36.36 Per 100,000 is nearly seven times the national overall homicide rate of 5.30 per 100,000.

This is the fourth year that my organization, the Violence Policy Center, has issued the study Black Homicide Victimization in the United States and the third time that Pennsylvania has ranked first. Additional states with black homicide victimization rates that place them in the top five are: Missouri at number two with a rate of 34.82 per 100,000; Indiana at number three with a rate of 30.89 per 100,000; and, Nevada and Wisconsin tied at number four with a rate of 29.83 per 100,000

As in past years, the study found overwhelmingly that firearms, usually handguns, were the weapon of choice in the homicides.

For the entire United States, the study found:

There were 7,387 black homicide victims in the United States. Of these, 6,345 (86 percent) were male, and 1,042 (14 percent) were female.

The homicide rate for black victims in the United States was 20.86 per 100,000. In comparison, the overall national homicide rate was 5.30 per 100,000 and the national homicide rate for whites was 3.11 per 100,000

For homicides in which the weapon used could be identified, 82 percent of black victims (5,743 out of 7,011) were killed with guns. Of these, 73 percent (4,204 victims) were killed with handguns. There were 701 victims killed with knives or other cutting instruments, 247 victims killed by bodily force, and 200 victims killed by a blunt object.

For homicides in which the victim to offender relationship could be identified, 72 percent of black victims (2,474 out of 3,431) were murdered by someone they knew. Nine hundred fifty-seven victims were killed by strangers.

For homicides involving black victims for which the circumstances could be identified, 69 percent (3,023 out of 4,362) were not related to the commission of any other felony. Of these, 55 percent (1,669 homicides) involved arguments between the victim and the offender.

Stating that "the devastation homicide inflicts on black teens and adults is a national crisis, yet it is all too often ignored outside of affected communities," the study concludes that for "blacks, like all victims of homicide, guns--usually handguns--are far and away the number one murder tool. Successful efforts to reduce America's black homicide toll must put a focus on reducing access to firearms."

Tuesday, January 12, 2010

Teen Suicide Risk Factors: Parents Are Too Often Clueless

By Nancy Shute

Suicide is the third leading cause of death among teenagers, and it's a tragedy that can be prevented. Given that almost 15 percent of high school students say they've seriously considered suicide in the past year, parents and friends need to know how to recognize when a teenager is in trouble and how to help.

Parents can be clueless when it comes to recognizing suicide risk factors, or at least more clueless than teens. In a new survey of teenagers and parents in Chicago and in the Kansas City, Kan., area, which appears online in Pediatrics, both parents and teenagers said that teen suicide was a problem, but not in their community. Alas, teen suicide is a universal problem; no area is immune.

The teenagers correctly said that drug and alcohol use was a big risk factor for suicide, with some even noting that drinking and drug use could be a form of self-medication or self-harm. By contrast, many of the parents shrugged off substance abuse as acceptable adolescent behavior. As one parent told the researchers: "Some parents smoke pot with their kids or allow their kids to drink."

Both teenagers and parents said that guns should be kept away from a suicidal teen. But since parents said they didn't think they could determine when a teenager was suicidal, parents should routinely lock up firearms, the researchers suggest. That makes sense. Firearms are used in 43.1 percent of teen suicides, according to 2006 data, while suffocation or hanging accounts for 44.9 percent.

The good news: Both parents and teenagers in this small survey (66 teenagers and 30 parents) said they'd like more help learning how to know when someone is at risk of committing suicide and what to do. Schools and pediatricians should be able to help, but we can all become better educated through reliable resources on the Web. These authoritative sites list typical signs of suicide risk, and they also provide questions a parent or a friend can ask a teenager to find out if he is considering killing himself. Here are good places to start:

The American Academy of Child and Adolescent Psychiatry lists signs and symptoms of suicidal thinking, such as saying things like "I won't be a problem for you much longer."

The American Academy of Pediatrics urges parents to ask the child directly about suicide. "Getting the word out in the open may help your teenager think someone has heard his cries for help."

The National Suicide Prevention Lifeline provides free advice to someone considering suicide, as well as to friends and relatives, at 800-273-TALK.

The National Alliance on Mental Illness's teenage suicide page makes the point that talking with someone about suicide will not "give them the idea." "Bringing up the question of suicide and discussing it without showing shock or disapproval is one of the most helpful things you can do," the NAMI site says. "This openness shows that you are taking the individual seriously and responding to the severity of his or her distress."

Wednesday, May 13, 2009

Crime Scene Cleanup: What It Involves


A crime scene cleanup service is not without its complications. Crime scene cleaning encompasses restoring the crime scene to its original state. When a crime is usually discovered, crime scene cleaners are not called until after officers of the law, like the crime scene investigators, have done their jobs first and have given the go ahead for the cleaners to come in. If you intend to hire a crime scene cleanup company, you must make sure that they are well equipped and fit right to get the job done. A crime scene presents challenging conditions.

The Use Of Protective Gears:
Crime scenes can very well involve the use of hazardous or deadly substances. For safety reasons then, it has become imperative that crime scene cleaners use protective clothing, in addition to protective tools and gadgets. You must see to it that they have all the necessary protective gears and gadgets. The protective clothing can consist of disposable gloves and suits. A disposable gear is preferred nowadays since it offers the best protection against contamination. You use it one time and get rid of it. That way, the dangers of contamination is virtually brought down to zero percent. Protective clothing extends to respirators and the use of heavy-duty industrial or chemical-spill protective boots.

Among the gadgets that a crime scene cleaning company must have are special brushes, special sprayers, and wet vacuum. These special tools ensure added protection against getting into contact with the hazard could very well be present in the crime scene. There is large, special equipment such as a mounted steam injection tool that is designed to sanitize dried up biohazard materials such as scattered flesh and brain. You would also need to check if they have the specialized tank for chemical treatments and industrial strength waste containers to collect biohazard waste.

Of course, any crime scene clean up must have the usual cleaning supplies common to all cleaning service companies. There are the buckets, mops, brushes and spray bottles. For cleaning products, you should check if they use industrial cleaning products. A crime scene cleaning company must have these on their lists:

1 - Disinfectants including hydrogen peroxide and bleaches - The kinds that the hospitals used are commonly acceptable.

2 - Enzyme solvers for cleaning blood stains. It also kills viruses and bacteria.

3 - Odor removers such as foggers, ozone machines, and deodorizers

4 - Handy tools for breaking and extending such as saws, sledgehammers, and ladders

Established crime scene operators also equip themselves with cameras and take pictures of the crime scene before commencing work which. The pictures taken may prove useful for legal matters and insurance purposes. You never know which.

Needless to say, a specially fitted form of transportation and proper waste disposal is also needed. These requirements are specific. As you can imagine, crime scene cleaning is in a different category on its own. A home cleaning or janitorial service company may not be able to cope up with the demands of a crime scene. A crime scene cleanup service requires many special gears and tools that a home cleaning or a janitorial service company does not usually have or does not require. Crime scene cleaning if not done correctly can expose the public to untold hazards.

What Else To Look For In A Crime Scene Cleanup Company
You may also want to hire a company that has established itself. An experienced company with a strong reputation is always a plus but it could be expensive too. You will do well to balance your needs with what is your budget. There are several companies that offer specific prices such as for death scene clean up categories and suicide clean up categories. Most companies own a website and have round the clock customer service as receptionists.

When looking for a suitable crime scene cleaning service, among the first things you need to do is to scout for price quotes. Crime scene cleanup services usually provide quote after they have examined the crime scene and then they give you a definite quote. Factors that are usually considered include the number of personnel that will be needed to get the job done. It also includes the amount of time that might be needed. The nature and amount of the waste materials that need to be disposed will also be factored in. You can be sure that the more sophisticated equipments needed the more expensive it will get.

Crime Scene Cleanup And Your Insurance
For homeowners, the best approach is always to make sure that crime scene cleanup services clauses and provisions are written down on the contracts or policies. The inclusion of crime cleanup services clauses is very common and has become standard clause in most homeowner’s policy. Make sure that you are covered for this unforeseen event. Make sure that your policy directs the crime scene cleaning company to transact directly with the homeowner insurance company. A crime scene cleaning service is usually a standard clause in many homeowners’ insurance clause. These companies often do the paperwork in behalf of clients.

If for some reason you do not have such coverage by any policies relating to crime scene cleanup on your home, there are ways to keep your expenses controlled.

Finding the right company can be very taxing, especially that you have to deal with the emotional stress stemming from the crime itself, especially with a crime scene involving death.

There are many crime scene cleanup companies in operation nowadays. There are reliable professionals that you can hire and prices are relatively competitive. As of recently, crime-scene cleanup services can cost up to $600 for an hour of their service. A homicide case alone involving a single room and a huge amount of blood can cost about $1,000 to $3,000.

In recent years, crime scene cleaning has come to be known as, "Crime and Trauma Scene Decontamination or CTS. Basically, CTS is a special form of crime scene cleaning focusing on decontamination of the crime scene from hazardous substances such as those resulting from violent crimes or those involving chemical contaminations such as methamphetamine labs or anthrax production. This type of service is particularly common when violent crimes are committed in a home. It is rare that the residents move out of the home after it has become a scene of a crime. Most often, the residents just opt to have it cleaned up. That is why, it is very important to hire the best crime scene cleaning company out there. The place needs to be totally free from contamination of any kind. You have to make sure that the company is able to remove all traces of the violent crime that took place. This includes cleaning biohazards that are sometimes invisible to the untrained eye.

Legally speaking, federal laws state that all bodily fluids are deemed biohazards and you should make sure that the cleanup service company you hire understands this and includes it in the cleanup. These things appear as blood or tissue splattered on a crime scene. You must be able to hire a company that is equipped with special knowledge to safely handle biohazard materials. The company must have the knowledge what to search for in any give biohazard crime scene. For instance, the company should be able to tell clues such that if there is a bloodstain the size of a thumbnail on a carpet, you can bet that there is about a huge bloodstain underneath. Federal and State laws have their own laws in terms of transport and disposal of biohazard waste. Make sure that the company you hire has all the permits necessary.

It will also be a huge plus if you could hire people who not only has the special trainings but also who have the nature to be sympathetic. If you are close to the victim and have the cleaning done at the behest of the victim’s relatives, it would matter that the cleaners tread the site with some level of respect. It is a common site that family members and loved ones are often there at scene. In general, when looking for a suitable crime scene cleaners, you would take into considerations the kind of situation that the crimes scene presents and the demands that it require. Crime scene cleaning companies handle a wide variety of crime scenes and prices may vary from one to the other crime scene and one to the other company.

Each type of scene requires its own particular demands not only to make the crime scene look clean and neat on the surface but to make it germ free, and clean inside and to make it free from all deadly and infectious substances. The cleanup cost for biohazards may vary depending on degree of the bio hazard(s) on the scene. There may even be a category that changes the cleanup pricing which usually involves decomposing bodies and carcasses. Likewise, a cleanup of chemical hazards vary, depending on the amount of chemical hazards as well as the grades i.e. how hazardous the substance is in terms of human contact. Prices are also determined by the number of hours and personnel that it would to get the crime scene cleaned. In addition, the "gross factor" from crime scene involving death and gore needs to be taken under consideration regarding the chemicals that will be used as opposed to those crimes' that do not have gore involved.

Friday, May 8, 2009

Dentist Accused Of Dumping Medical Waste To Stand Trial

A dentist from Montgomery County, accused of dumping medical waste in the Jersey shore, has lost his bid to avoid trial. Today a judge rejected Thomas McFarland Junior's request to be accepted into a pretrial intervention program. That would have spared him jail time.

McFarland's attorney says his client was depressed and suffering from mental illness because his wife had cancer. But prosecutors say the need to assure the public that New Jersey beaches are safe outweighs McFarland's personal matters.

Wednesday, May 6, 2009

Traumatic Grief

By Nancy Crump

Since the late 1980’s, we have seen an increase in interest and research on the effects of trauma on the grief process. We have learned that the grief process from the sudden, unexpected, and often violent deaths of suicide, homicide, auto accidents, natural disasters, and other types of deaths, is very different from the grief process of those who have died from natural causes, old age, or long-termed illness. Many, if not all, of the deaths faced by Bio Technicians fall into the category of traumatic. Those family members who hire you have usually been touched by the trauma of the death. Understanding the traumatic grief process and its differences from other types of grief may be of some help to you as you deal with these family members.

There are several key elements that make the responses by family members to a traumatic death difficult. First is the suddenness of the death. Family members usually did not have time to prepare themselves for the death and to make the psychological adjustments to cope with the news of the death. Also, the suddenness of the death does not give the family an opportunity to say goodbye to the victim before their death. Second, the violence of the death may leave the family with horrific memories and nightmares that often interfere with the grief process. Third, many of these types of deaths require police intervention and the family is often not given the support, information, and compassion they need at the time. Another element can be the presence of the media at the time of the death, as well as weeks and months later if legal issues follow the death. Most traumatic deaths involve young people who’s parents, grandparents, and siblings may still live. Certainly, the death of a child or young person is very difficult to cope with.

Reactions to a traumatic death can be very different, more intense, and longer lasting than other types of death. The emotions following a traumatic death are often conflicting and intense. There is a tendency to relive the death event over and over in an attempt to make it real. Intrusive thoughts and nightmares are very common. Intense physical responses such as inability to eat or sleep, stomach aches and headaches, muscle tension, high blood pressure and a decrease in the autoimmune system are also common. Many times, the survivors must deal with intense feelings of guilt or remorse, feeling that they were somehow responsible or could have prevented the death “if only”. Family members have the need to tell the story of the death over and over again in an attempt to gain a sense of the reality of the death. They often have an overwhelming need to learn all they can about the circumstances of the death - how the person died, whether they were in pain, did they know they were dying, what were their last words, who saw what happened, and in cases of homicide, who committed the murder. All of these reactions are ways the survivors use to grasp the reality of the death and to begin the grief process.

As Bio Technicians, you are often called by family members or meet them upon arrival to the scene. Understanding some of the dynamics of trauma on the grief process may help as you help the family. Understanding the “normalcy” of the reactions you may see can help you feel more competent and assured to speak with family members without wondering whether or not you are saying the “right” thing. Some suggestions are listed below, but the most important thing is to convey sincerity and compassion to the family. They are very vulnerable and sensitive to words, expressions, and body language. Just make sure that what you say and do is congruent with how you feel or you will come across as insincere and uncaring.

Soon after a traumatic death, most survivors simply need to tell the story to anyone who will listen. It is important for their recovery to be able to do this. If you have time to listen, do so. They are not necessarily looking for any input from you; they just need someone to listen.

Remember that there are two basic rules for grieving people – you don’t hurt yourself or someone else. If, during the conversation, you hear comments that indicate the person is thinking of either, you might suggest they go talk to someone else before making a decision to do something like this. Create a list of counselors, therapists, or mental health centers to hand out at times like these. Take comments about thoughts of suicide seriously and offer to call a friend or family member to be with the person and get them help. Suicide rates often increase after a sudden, traumatic death of a loved one. These are very difficult situations for you as a caregiver, but you need to set limits as to what you can and cannot do. Listening and having resources available are all you need. The survivor needs to take some responsibility for them, and others who are better trained to handle these situations need to be contacted.

Although many reactions may look and feel “crazy”, most are normal reactions to the situation. Again, as long as they don’t hurt themselves or someone else, they are probably reacting normally to an abnormal situation. Helping normalize these reactions is very helpful to the survivor. Encouraging the survivor to talk and to express what they are experiencing is also helpful. Making a simple statement such as, “I think I’d feel the same way if this happened to me”, helps the survivor feel less out of control.

There are many support groups available to survivors that would make a good resource for them. Creating a list of those in your community or in nearby communities is a great gift for survivors. They may not want to attend a support group, but usually someone from the group is always willing to talk to them by telephone or offer assistance.

In the work you do, you may find yourself in situations of dealing with survivors who have needs you do not feel comfortable or competent in dealing with. That’s okay as it is not your responsibility to be all things to all people. However, there are these simple steps you can take to help your families in a meaningful way. You can listen. You can refer. You can offer resources. Having some general knowledge of the traumatic grief process may make you feel more competent in dealing with your families and knowing that you are being supportive and helpful in a meaningful way.

Below are some national organizations that offer support groups in almost every locality. They are specific to either the type of death or the relationship to the person who died and are more appropriate to traumatic deaths. They all have web sites or central telephone numbers that can be contacted for local information.

The Compassionate Friends – for parents’ whose child has died of any cause.
MADD – Mothers Against Drunk Drivers offer support for parents who a drunk driver killed child
Widowed Persons Service – sponsored by AARP for spousal death
SOS – Survivors of Suicide support groups
POMC – Parents of Murdered Children and other victims of homicide.

These and many other groups may be listed at your county’s Victim Assistance Office usually located in the office of the District Attorney. Also, check with your local hospices or hospitals. They offer support groups that are open to the public. Some local churches may also host support groups. As you create your list, don’t try to keep up with the dates and times of group meetings as they change frequently. All you need is the name of the group, a telephone number, and possibly a contact person. Leave it to the survivors to take the responsibility to make the calls on their own behalf.