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To: Danae

Fukino and Okubo are where they are because of their own making. Donofrio is going to make this very interesting pass the popcorn. ;-)


422 posted on 09/24/2009 12:47:06 PM PDT by Red Steel
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To: Red Steel

You got the johnnys popcorn salt or should I bring mine?

Its going to be VERY interesting!


423 posted on 09/24/2009 12:49:53 PM PDT by Danae (No political party should pick candidates. That's the voters job.)
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To: MissTickly; Red Steel; Fred Nerks; null and void; stockpirate; george76; PhilDragoo; Candor7; ...

If Obama's birth records are AMENDED...

In reviewing various sections of Hawaiian Law, I think the chances are good that the Health Department may NOT actually possess Obama's ORIGINAL birth certificate and/or any subsequent name changes (due to Adoption, name change or other reason). THOSE portions of the paper trail may be under Court Seal, and in the hands of the Hawaii Family Court System.

Remember that missing page from the 1964 Obama divorce (page 11)?

Photobucket

Remember how the 1980 Soetoro divorce NEVER makes DIRECT MENTION of Barack Obama by name (un-numbered pages with mention of Maya's name only who retained her biological father's name of Soetoro)?

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BOTH of the courts that handled the 1964 Obama divorce and the 1980 Soetoro divorce fall under the Hawaii Family Court system.

Any reference to an Adoption, and/or a name change, would be SEALED, in part or whole, by the Family Court Clerk. To "protect the innocence of a child," any evidence of a name change or Adoption is SEALED — the parent(s) are to decide IF and WHEN to tell the child of the event(s) in their own way.

Furthermore, if there's an Adoption or name change, the birth records MUST be AMENDED (Hawaii Att. Gen. Op. 84-14)... BUT ... such notation would NOT appear on a Certification because of Privacy and Court Secrecy.

MY hunch is that any indication of such a court action would be recorded in the Dept of Health birth records indexes, but only in abbreviated format — the full record(s) of such Court Orders would be sealed and remain in the possession of the Hawaii Family Courts.

Here are the rules for Adoption, which are the same regarding a Family Court hearing for the name change of a child in Hawaii:

http://www.capitol.hawaii.gov/hrscurrent/Vol12_Ch0501-0588/HRS0578/HRS_0578-0015.htm

§578-15 Secrecy of proceedings and records. (a) The records in adoption proceedings, after the petition is filed and prior to the entry of the decree, shall be open to inspection only by the parties or their attorneys, the director of human services or the director's agent, or by any proper person on a showing of good cause therefor, upon order of the court. Except in the case of an individual being adopted by a person married to the legal father or mother of the individual or unless authorized by the court, no petition for adoption shall set forth the name of the individual sought to be adopted or the name of either of the parents of the individual; provided that the legal name of the individual and the name of each of the individual's legal parents may be added to the petition by amendment during the course of the hearing thereof and shall be included in the decree. The hearing of the petition shall be in chambers and shall not be open to the public.

(b) Upon the entry of the decree, or upon the later effective date of the decree, or upon the dismissal or discontinuance or other final disposition of the petition, the clerk of the court shall seal all records in the proceedings; provided that upon the written request of the petitioner or petitioners, the court may waive the requirement that the records be sealed.

THIS from HAWAI'I FAMILY COURT RULES:

http://hawaii.gov/jud/ctrules/hfcr.pdf

Rule 79. CONFIDENTIALITY OF RECORDS.

Unless otherwise provided by statute*, all requests for information contained in a confidential record shall be made in writing and shall include the reason for the request. (Amended July 1, 1982, effective July 1, 1982; further amended October 11, 1999, effective January 1, 2000.)

[ * note: TerriK's discovery of the UIPA Statute may provide just such a "loophole" in the Family Hawaii Court rules if records exist there — UIPA State Statute should trump Court rules ]
...
Rule 81. APPLICABILITY.

(a) Generally. Part A of these rules, together with the designated supplements, shall apply to the following proceedings in any family court:
...
(14) Any other civil cases over which the family court has jurisdiction.
...
(b) Juvenile cases. Proceedings under HRS sections 571-11(1) and 571-11(2) shall be governed by Part D (Rules 121 to 158).

438 posted on 09/24/2009 3:24:59 PM PDT by BP2 (I think, therefore I'm a conservative)
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