Attorneys For Special Needs Children, Inc. Formation Documents

Attorneys For Special Needs Children, Inc. (AFSNC or Atty4Kids) Corp Formation Docs

Attorneys for Special Needs Children (AFSNC or Atty4Kids) was incorporated in the State of Texas in April 2010 by Candice Schwager as a purported non-profit, however, AFSNC's Charter was Forfeited in early 2012 after it failed to comply with the obligations and requirements of the State of Texas.  The documents below have been redacted as deemed appropriate to maintain a strictly educational discourse on the writings of Candice Schwager.  Un-redacted copies can be obtained from the State of Texas Secretary of State.

The biggest takeaway from these documents is that when AFSNC was formed, it was intended that the non-profit would become a 501(c.)3 .  More importantly, however, it was to operate from day one as if it was a 501(c.)3.  A big requirement of a 501(c.)3 is to be politically neutral, or in other words, to stay out of politics.  AFSNC's Articles of incorporation restate in plain english that Atty4Kids will not engage in any politics.  Yet, anyone who has been following Atty4Kids, Candice Schwager or the Harrison County Sheriff's race for 2012 will know that AFSNC has been very political for the past year or so.

In a blog post on a site unrelated to AFSNC, Candice Schwager accused Sheriff Garcia of jeopardizing a non-profits 501(c.)3 status because he accepted a position on the non-profits board (which it would not as long as the non-profit does not make any political statements).  Yet her own organizations articles of incorporation bar AFSNC from politics.  Schwager, has stated in defense of AFSNC's political involvement, that she did not get the 501(c.)3 specifically so that she could support Louis Guthrie's bid to become sheriff.

So barring the discussion of the forfeited charter, is AFSNC & Candice Schwager legally bound to the articles of incorporation that were filed with the state of Texas?  Do any of the 1,200+ members of AFSNC have a mechanism to oppose the political use of AFSNC by Candice Schwager?  Lots of things to think about.  (Documents after the jump)