Forensic. Genealogy News Forensic Genealogy Institute A Success! Inside This Issue. March/April 2014 Volume 4, Issue 2

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1 Forensic Genealogy News March/April 2014 Volume 4, Issue 2 Published bimonthly by the: COUNCIL FOR THE ADVANCEMENT OF FORENSIC GENEALOGY P.O. Box 1085 Manvel, Texas info@forensicgenealogists.org Progressive Leadership in the Field of Forensic Genealogy CAFG 2014 Board Members President Leslie Lawson Vice President Michael Ramage, JD, CG Secretary-Treasurer Dee Dee King, CG Mentor Program Representative Cathi Desmarais, CG Registered Agent Kelvin Meyers Newsletter Editor Bethany Waterbury 2014 Forensic Genealogy Institute A Success! The Forensic Genealogy Institute (FGI), the educational arm of the Council for the Advancement of Forensic Genealogy (CAFG), was held in Dallas, Texas from 24 through 29 March Thirty-two individuals attended the 20-hour Foundations in Forensic Genealogy, which provided an in-depth study of the practices and procedures necessary for specializing in the forensic genealogy field. This was the third presentation of Foundations in Forensic Genealogy at the FGI, and is a pre-requisite to attending advanced educational tracks at FGI. Attendees included seasoned investigators, practicing coroner's personnel, and professional genealogists looking to expand their business into the forensic genealogy field. Topics included an overview of those areas utilizing the forensic genealogist, legal implications of working in the field, and common practices used in applying one's genealogical skills in the legal context. The three-day Advanced Forensic Evidence Analysis track was presented for the first time as an expansion of the FGI. Continued on page 2 Inside This Issue 1-2 Forensic Genealogy Institute My Family s Military Repatriation Experience 4 Changes to Texas Vital Records Laws 5-7 A Practical Approach to Genealogy Standards 7 Members in the News 8 Welcome New Members

2 Forensic Genealogy News Mar/Apr 2014 Volume 4, Issue 2 Page 2 Successful FGI 2014, continued Cont. from page 1 Over sixty-six individuals participated in the Advanced program. Several areas of forensic genealogy were analyzed in-depth. Wanda Smith, JD, explored the oil and gas market and how forensic genealogists are used to develop mineral rights and determine kinship and ownership. Melissa Johnson discussed dual citizenship and Charlotte Ware explained the field of forensic document analysis. Cathi Demarais, CG, and Michael Ramage, J.D., CG, each presented actual case studies on applying forensic genealogical methods and lessons learned. James Canik of the Armed Forces Defense Identification Laboratory. Debbie Parker Wayne, CG, provided a detailed explanation of DNA and the application of the evolving science in the forensic genealogy field. The highlight of the course was special guest James Canik, Deputy Director of the Armed Forces Defense Identification Laboratory, who presented a detailed look at military repatriation. He described the process the Department of Defense uses to locate and identify remains, and discussed employing forensic genealogists to locate next of kin. (See the related article on page 3 by Marsha Peterson-Maass.) The next Forensic Genealogy Institute is scheduled for March Information will be released in the near future as course and program content is finalized. Debbie Parker Wayne, CG, explaining Genetic Genealogy.

3 Forensic Genealogy News Mar/Apr 2014 Volume 4, Issue 2 Page 3 My Family s Military Repatriation Experience By Marsha Peterson-Maass It was my great honor to shake Deputy Director James J. Canik's hand at the 2014 CAFG Institute on behalf of my family in thanks for everything his team did to bring my WWII MIA/KIA cousin's remains back to Illinois 68 years later in The forensic genealogists' part in any military repatriation is absolutely crucial to bringing the families this immeasurable gift of their loved one's homecoming. I've posted our family's story to my blog, which includes our cousin Second Lieutenant Dwight Dale Ekstam s genealogical background, his Marine service in the South Pacific in 1944, and the unbelievable civilian & JPAC military forensic archaeologists recovery process. It also includes the U.S. Armed Forces DNA Identification Laboratory's mtdna matching process, the heart-felt experience of bringing Dwight home to Illinois, and finally going to Arlington National Cemetery to meet the family members of the other fallen crewmen and Dwight's fellow VMB-423 Seahorse Marines. Read the full story on my blog: The author with Deputy Director Canik. Second Lieutenant Dwight Dale Ekstam returns home to Illinois.

4 Forensic Genealogy News Mar/Apr 2014 Volume 4, Issue 2 Page 4 Changes to Texas Vital Records Laws By Dee Dee King, CG Texas DHS requested some changes to access rules for vital records during the last legislative session. It's my understanding that many of those changes were not considered as they were in conflict with the public records laws. However, there appeared to be some agreement to fine tune who was eligible to receive records otherwise closed to the public, better defined as a "qualified applicant." I was concerned that the new language should specify who other than family members were eligible, such as attorneys, forensic genealogists, or other investigators hired to determine kinship in legal cases, etc. The committee that received the comments and testimony responded that specific language was not needed as access had always been granted with this DHS provision, "Applicants who are not immediate family members must provide legal documentation (such as a court order establishing guardianship) that demonstrates a direct, tangible interest in the [for example] birth certificate." Direct tangible interest in the past was demonstrated with a copy of the contract between the forensic genealogist and the attorney, copy of a court appointment, letterhead from the attorney authorizing the genealogist to obtain necessary vital records, letters testamentary, etc. Now it appears that DHS is requiring a court order to prove direct, tangible interest. I have twice this year been turned down for requests for records when the requests were accompanied by either a letter from the attorney for the estate or a copy of the court appointment as genealogist to determine kinship and heirs. In one case, the executor was refused a request for his uncle's birth certificate when the request was accompanied by the letters testamentary and a letter from the attorneys for the estate. In another case, the law firm was denied a record request without a court order; copies of other court documents pertaining to the case were not accepted. It is unclear if DHS will accept blanket court orders for any records necessary to a specific case, or if court orders must name each person for whom records are required. One issue is that we learn who the heirs are at different levels of the research. Cases that go back several generations in the paternal and maternal moieties can become quite complicated as we bring forward the family lines and determine for whom we need official evidence of kinship. We don't know for whom we need those vital records until we are well into the research, with new clues opening up after we have proven one batch of family. It's conceivable that multiple court orders would be necessary if blanket orders were not accepted. It appears that this issue will need to be discussed when hiring forensic genealogists or other investigators, and is also a consideration for the attorneys or law firms themselves when they need to order these vital records.

5 Forensic Genealogy News Mar/Apr 2014 Volume 4, Issue 2 Page 5 A Practical Approach to Genealogy Standards By Michael S. Ramage, J.D., CG As a long-time practicing attorney, my favorite legal publication was The Practical Lawyer, 1 a wonderful magazine containing how-to articles that are actually useful to legal practitioners outside of academia. This approach will be applied here to the new Genealogy Standards. 2 Standards for Documenting 3 Applying basic source citation rules are necessary to enable the reader (including oneself) to: (a) replicate the research already conducted, and (b) evaluate the source of the information. This is accomplished by remembering to include the five citation elements: the Who, What, When, Where and Wherein ingredients. 4 Unless one is writing to publish, this need not be fancy and can always be refined so long as the basic rules are met. Standards for Researching 5 Planning Research. Simply put, all research must start with careful analysis of what we think we know followed by: (a) a rational plan as to how that may be carried out, and (b) a list of what potentially relevant sources we plan to research. 6 Collecting Data. When we find records we must decide upon the best means of capturing the source while giving credit where credit is due. 7 The touchstone of meaningful collection of data is source and information analysis. 8 If we do not determine whether the sources and information are good, the research is for naught. Reasoning from Evidence. I submit that the first sentence of this section provides the essence of Standards 37 49: The Genealogical Proof Statement requires genealogists to base conclusions on reliable evidence from independent information items. 9 That said, most of us 1 ALI CLE The Practical Lawyer, The American Law Institute Continuing Legal Education Group (Philadelphia, Pennsylvania) ( cle.org/index.cfm?fuseaction=publications.periodical&pub=pl : accessed 19 January 2014). 2 Board for Certification of Genealogists, Genealogy Standards, 50th anniversary edition (Nashville, TN: Ancestry, 2014). [Caveat: One would not use this approach for a scholarly journal or in a BCG applicant s portfolio.] 3 Genealogy Standards, 5 9, Standards Genealogy Standards, 7 8, Standard 5. 5 Genealogy Standards, 11 29, Standards Genealogy Standards, 11 15, Standards Genealogy Standards, 15 21, Standards Genealogy Standards, 21-23, Standards 35 & Genealogy Standards, 23. Copyright 2013 Council for the Advancement of Forensic Genealogy

6 Forensic Genealogy News Mar/Apr 2014 Volume 4, Issue 2 Page 6 Cont. from page 5 Genealogy Standards con t have more difficulty with analysis and arriving at the correct conclusion than with the rest of the standards. Two sentences from Standard 50 are key here: Once a genealogist resolves conflicting evidence, all remaining evidence items are compatible with a single answer to the research questions. Credible conclusions include placing individuals accurately in their families or other groups. 10 This is the essence of family history. Standards for Writing 11 Genealogical Proofs. Whatever the proof option selected by the writer, the writing must be clear, precise, concise, and evidence the fact that all [reasonable] sources and information items that competent genealogists would use to support the conclusion have been taken into account. 12 Assembled Research Results. The writer must be honest and ethical at all times. 13 The conclusions must be written in a way that reflects an understanding of the background circumstances of the time and place. 14 The contents of the writing discuss reliability and relevance of findings, correlate information to compare and contrast data items, and resolve conflicts when possible. 15 Standards for Continuing Education 16 Genealogists should continue to study and engage in genealogical development activities to keep up with changes in the field and improve their skills Genealogy Standards, 28 29, Standard 50 (in part). 11 Genealogy Standards, 31 40, Standards [Because this article is not intended for the academically- inclined, this article does not discuss Chapter 5, Standards for Genealogical Educators, in Genealogy Standards.] 12 Genealogy Standards, 31 34, Standards Genealogy Standards, 34, Standards 55 & Genealogy Standards, 34-35, Standard Genealogy Standards, 35, Standards 58 & Genealogy Standards, 43 44, Standards 82 & Ibid. Copyright 2013 Council for the Advancement of Forensic Genealogy

7 Forensic Genealogy News Mar/Apr 2014 Volume 4, Issue 2 Page 7 Cont. from page 6 Genealogy Standards con t Genealogical Proof Standard 18 The first standard is covered last as it is the underlying principle to every other standard. So let s be practical about this. We are not going to write a formal proof argument in support of every single, uncontroverted fact discovered in our research. The good news is that the GPS and standards do not require this in most cases (see, e.g., Standard 53, first two bullets). But we must still put down in writing our reasoned conclusions pursuant to the standards or forever question the accuracy of our hypotheses. Meeting the GPS only requires applying five interwoven elements that must be memorized in at least its most elemental components: (1) reasonably exhaustive research; (2) complete accurate citations; (3) tests sources and data via analysis and correlation; (4) resolves conflicts in evidence; and (5) is expressed as a reasoned, coherent writing based on the best evidence available. 19 The time required to understand and memorize the GPS is well worth the effort. Conclusion Is the above recitation over-simplified? Perhaps, but it covers the basics of what every genealogist must understand and apply in order to have any trust in his or her findings. 18 The Genealogical Proof Standard in Genealogy Standards, Genealogy Standards, 1 2. Members in the News Janice Sellers was recently elected to the board of the African American Genealogical Society of Northern California. Bethany Waterbury will be presenting two lectures at the 2014 Family History Seminar on April 26, 2014 at the East Lansing Family History Center. Bethany s lectures, He said, She said: Divorce and the Family Historian, and Locating Living Relatives: The Challenges of 20 th and 21 st Century Research, are but two of the over 50 presentations offered at this daylong seminar. Copyright 2013 Council for the Advancement of Forensic Genealogy

8 Forensic Genealogy News Mar/Apr 2014 Volume 4, Issue 2 Page 8 Associate Level Members Welcome New Members! Claire B. Bisson-Banks, BS, MLIS AG, is a Rhode Island native and 2010 graduate of San Jose State University. She is accredited by ICAPGen in England and Mountain States research. She is also the author of "The Social Media Guide for Ancestral Research: Using Web 2.0 Strategies. Claire s areas of expertise include Technological Advances in Family History and Genealogy, US, England, Canada, Brick Wall Solutions, and Involving Youth in Family History and Genealogy. She is a past RI Family History Director who has researched and lectured onsite in the US, UK and Australia. She was previously a British Research Consultant and Technology Specialist at the Family History Library, Salt Lake City, Utah. Claire is the owner of Timeless Genealogies, performs private research and sells personal history books on CD's at She writes for multiple publications and is currently the 2nd Vice President for ICAPGen and a Board Member for The International Society for British Genealogy and Family History (ISBGFH) and belongs to many other organizations. When not doing Family History, she is a member of the choral group, Sterling Singers and loves spending time with her family, reading and writing or enjoying a good movie. Advanced Level Members Vera Shpolyansky is a full time, professional genealogist. Vera has been a researcher since 1996, and is a current member of the Association of Professional Genealogists. She lives and works in Vancouver, British Columbia, Canada. Vera has a Bachelor of Arts Degree in the English language and literature, and a Master of Arts Degree in the English language. She is fluent in Russian and understands many Slav languages. From time to time, Vera conducts lectures in local libraries for amateur genealogists. Vera serves provincial government agencies, law offices and banks in probate matters specializing in locating missing beneficiaries and unknown heirs in Western and Eastern Europe. She is extremely passionate about her work and dreams of writing a novel based on the material that she works on a daily basis. Vera operates VS Probate and Overseas Research. Her website can be found at *Certified Genealogist (CG) is a service mark (sm) of the Board for Certification of Genealogists, conferred to associates who consistently meet ethical and competency standards in accord with peer-reviewed evaluations every five years; the board name is registered in the US Patent & Trademark Office.