Posted on 09/14/2009 3:35:27 PM PDT by Free ThinkerNY
Indeed. But federal law says a runaway minor has to be returned to his/her state of residence (*state*, not family), because that state has jurisdiction over her (and over any crimes alleged to have been perpetrated against her by her parents or clergy in that state). This is a matter of state sovereignty. If you're a minor resident of State 1, you can't turn your case over to State 2 by running away to State 2. It's just the same for an adult crime victim or criminal -- hopping across state lines doesn't change which state has jurisdiction over the case. Nobody's saying she should have been returned to her family before her claims have been thoroughly investigated, but the state of Florida had no business holding her, and the sketchy pastor *certainly* had no business concealing her from *both* Florida and Ohio authorities for 2 weeks.
Florida’s announcment that a Florida investigation has found no evidence of threat to her, has nothing to do with the issue of whether or not she will be returned to her family. She will be returned to the custody of Ohio authorities, who must, per Ohio law, conduct their own investigation and act in accordance with the findings of their own investigation. “A Florida court said so” does not constitute actionable evidence in an Ohio family court proceeding.
Thanks. I *try* to inject reason so that FR doesn’t end up sounding like a mirror-image of the wacko-kneejerk-leftist DU forum. Wacko-kneejerk is bad, whether it’s the righty brand or the lefty brand. I’m a Constitutional conservative and that means I believe in states’ rights. Ohio has a right to handle its own minor runaways and child abuse accusations, in its own courts. However, the feds should be after the pastor, since he was harboring an interstate runaway who he certainly had reason to know was an interstate runaway. Keep your asbestos suit handy if you plan on playing GovernmentShrinker’s lawyer on FR.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.