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Tuesday, May 29, 2012


Are foster kids helped, harmed by open hearings May 28, 2012|Kelli Kennedy, Associated Press

Excerpts from the original article my quotes are italicized in response to what was not specified.

"A California judge’s decision to open a county’s child welfare hearings earlier this year has energized a debate among advocates in other states about whether greater transparency helps or harms the young victims appearing in family court." ... nearly 20 states, including Texas, New York, Florida and Illinois, those hearings are usually open to the public"

Usually, and open are two different things; if you want accountability usually needs to be ALWAYS because:

"Proponents say transparency leads to better decisions by putting a spotlight on judges, exposes the blunders of child welfare workers and gives the public a better understanding of how the system works. ... “Confidentiality has done more to protect the system than to protect the children in the system,’’ said Michael Nash, chief presiding judge of Los Angeles County’s children’s court. He ruled in January that dependency hearings in his county will be open to the public unless there is proof the child will be harmed."

Children rarely testify in these hearings and if they were allowed to the court room could be sequestered. Its a thing we do with wittiness's in every other court; so they do not feed off of each others testimony.

"But critics say children will be further traumatized by testifying about abuse in a courtroom full of strangers. The Children’s Law Center of California, which represents most children in the Los Angeles County system, asked the state appeals court to overturn Nash’s decision, but that move was rejected."

Good because again sequestered means isolated from whats going on in court and it even flys for rape trials. But there is no reason for the entire proceeding to be behind closed doors.

"Executive Director Leslie Starr Heimov says it’s unfair to compare states that have open hearings with California because children don’t have a legal right to attend hearings in many states. More than 200 children attend hearings every day at the Los Angeles courthouse."

In New Hampshire under NH RSA 169 “‘[P]arty having an interest’ means the child” (RSA 169-C:3 (XXI-a)); yet these children who ARE recognized as having rights; are not appointed an attorney to represent those rights; and in the entire system statewide in NH there are only "two Judges" and only one who consistently takes the time to talk with children privately without it recorded about what is going on in their case; my guess is he better understands what the two sides are trying to bring to his attention and better act in the Child's best interests.

“It’s difficult and it’s painful and they’re in the system through no fault of their own and to create a system where there’s forced to endure more pain, that’s harmful,’’ Heimov said."

This women works for the Children's law center in California;  you really have to wonder from reviewing the site whose side she is really on; open courts provide oversite and accountability for her team as well; possibly the problem they fear most - when like NH with Guardian's Ad Liteum's who meet the child once and write reports based on fiction; parents beware look at their reports and for those alleged statements of fact; ask them did you witness this? No? where did you get your information? and then slam them with the real facts and bring in rebuttal wittiness's.

"Family courts have opened gradually since the early 1980s, beginning with Oregon. An advocate for child welfare reform says that among the states that have followed suit, New York and Missouri’s moves in the late 1990s were particularly significant. The change is usually spurred by a horrific child abuse case or a push from local media to gain access. The beating death of 6-year-old Elisa Izquierdo by her mother prompted the opening of New York family courts in 1997 and the passage of a state open-records law referred to as “Elisa’s Law.’’

Do we really need another child to die; to realize that the courts need to be open to be accountable?

“Social workers were identified as falsifying records and lying in court, and I heard horror stories from family court judges. The lack of transparency has harmed far too many families and children in Kentucky,’’ Westrom said.

Across the country and in New Hampshire we have been fighting for open courts; law makers are suppose to enact laws that their voters want.

"Activist Gail Helms has fought for open courts in California since her 2-year-old grandson Lance was beaten to death by his father in 1995, shortly after the man was awarded custody despite a history of drug use. The boy’s father was sentenced to 25 years in prison for second-degree murder."

Again, how many Children have to die before legislators understand the realities of closed court rooms in America!

“They need to have someone in there to monitor and see what goes on in those courtrooms,’’ said Helms, whose efforts have included protests and remarks at public forums.

"Wexler said that despite some initial protest when hearings are opened, no state has reclosed them." “In every state there are lots of people worried and upset that courts are going to be opened and then a few years later everybody forgets the courts were ever closed. The disasters that everybody worried about never happened and there is a modest uptick in attention. It’s constructive,’’ said Matt Fraidin, a law professor at the University of the District of Columbia. Lawyers in Michigan, Missouri, Kansas, Oregon, and Utah told Fraidin no problems have been reported since opening courtrooms there."

In every state the only people worried about open courts are the ones abusing the system. Children lives taken to soon should not be martyrs. John B.S. Haldane once said: "While I do not suggest that humanity will ever be able to dispense with its martyrs, I cannot avoid the suspicion that with a little more thought and a little less belief their number may be substantially reduced."

Let's add a little more thought to the discussion of Open court rooms in the foster care system and a little less belief that Child Protection Service's is there for the greater good; my guess is with open courts we will prevent more deaths, it will prevent children who become wards of the State from being abused in foster care and needlessly drugged because it will require accountability.

Wednesday, May 23, 2012

Realities of Child Protection Agency's US Start to Unravel

American people are not evil. Given information, they will do the right thing. But they're not given the information. Tim Robbins

“I want to make sure that every parent is able to raise their child, regardless of their color, regardless of how much money they make – we shouldn’t be penalizing women because they’re struggling financially by taking away their children – that’s outrageous!!!! And Look at the harm it’s done to the child,” said Rep. Clarke.

Read more:

To Contact Congressman Clarke in Detroit, MI 48226 Phone: (313) 962-7700 Fax: (313) 962-7710Washington, DC 20515 Phone: (202) 225-2261 Fax: (202) 225-5730.

Call give your story; tell him to keep pushing and then contact your congressmen and senators and tell them if they want to be re-elected they better move with the flow. Click here to get their information;

ALSO IN DETROIT – "In an effort to protect the rights of children, the American Civil Liberties Union of Michigan filed a federal lawsuit today asking a judge to strike down a state law that allows law enforcement officials to remove children from their parents’ custody without proving that the child is in immediate danger."

Read more here:

America and other's like Lincoln once said "I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crisis. The great point is to bring them the real facts." Throughout this blog I have given you the facts about the child protection system in the United States especially New Hampshire and Massachusetts our children are not being protected the more people that push for accountability and change the faster it will happen! 

Sunday, May 20, 2012

N.H. Publicly caught in Child Protection Services scheme that deprived Children

Here we go again, this time I reminded of a quote by Steve Jobs you know that superstar of Apple; He once said "you can't connect the dots looking forward; you can only connect them looking backwards. So you have to trust that the dots will somehow connect in your future. You have to trust in something - your gut, destiny, life, karma, whatever. This approach has never let me down, and it has made all the difference in my life." 

Well as one Mom, it looks like  the dots are starting to connect against New Hampshire's Child Protection Services; and those dots corroborate what I have disclosed not only in my blog; but, for which I have investigated relentlessly and brought to the attention of several legislators and legislative committees as well as NH Governor Lynch; and I am not the only one "unhappygrammy" has asserted her grievances as well and numerous others some who have spoken out and others who only let me view their files if I promised only to disclose their names off the record if needed to State Legislators, and to all those who are seeking the truth it is starting to unravel...  

The above Reported by Annmarie Timmins of the Concord Monitor staff on May 20, 2012 the above article that confirms my findings on Maggie Bishop and DHHS Toumpas on May 15, 2012.

Two national child advocacy groups the "First Start and the Children's Advocacy Institute at the University of San Diego Law School", (if this link does not attach simply google "a national report card on abuse and neglected children" and you will get all additions and find that New Hampshire is consistent at getting worst) they rated each state's legal protections for children and New Hampshire Failed at 58% as they did in their Federal Audits both rounds; which were based on random cases pulled in each district they scored 66% in most areas some less.  The pattern is simply that Bishop and Toumpas continue to lie and cover up their departments inadequate services and mislead legislators with deceptive visual aids in graphs and stats.

Factors that legislators should be aware of and work on to correct are as follows:

"New Hampshire law does not mandate that a child get an attorney in abuse and neglect cases"; CASA is merely a volunteer, with their own bias and not an attorney by any stretch of the imagination.

"While the state requires guardians ad litem to have specialized training, it does not require abuse and neglect attorneys who are not guardians ad litem to be similarly trained." Furthermore, unrecognized is that CASA non-educated volunteers receive more training than guardians ad litem's; and to file a complaint on a GAL their board will charge you $100.00; furthermore, none of the combined players receives education on how to conduct a full investigation and cross reference records; something, I learned at Nashua Community College under the direction of Professor Lubitz's program that required the knowledge of how to do a full investigation and the connection of all the dots.

"The state does not limit the caseload for attorneys handling abuse and neglect cases." The state limits attorneys handling these cases to those that are incompetent, new and not busy; all attorneys should be required to be educated in this role and take on at least one case a year. Something the monopoly of the New Hampshire Bar could work on simply because they require each Attorney to be licensed in order to practice; coincidentally not a mandated requirement in most States.

• The article relays that the State earned a perfect score for having a "State law that
grants a child in these cases legal status and assures they have rights." However, that does not mean they are strictly giving children their rights, without a lawyer to push for those rights it is inconceivable to believe that a child or pro se parent would know how to assure that their alleged legal status and rights were upheld; as shown in the Federal Audits new Hampshire Failed in this area.  Check the Government site under Child and Family Reports. I would provide the link but it appears DHHS has instructed a programmer to misdirect links as contained in MY previous article.

• "Ostrowski" president of Child and Family Services (a group that requires their workers to be trained in assisting families with a related background) is quoted as stating ... "the state's decision to cease giving parents attorneys in abuse and neglect cases hurts the kids as well as the parents." "It's in everyone's best interest," he said. " Everyone's best interest would be served with an appointed attorney for the Parent and the Child, each; Children's right to an Attorney is something I fought for over 20 years ago in Massachusetts, as a teenager growing up with foster brothers and sisters who were not getting the representation that they needed in court! In the above report it shows Massachusetts earned an A+.  major changes just over the border.

James Welch once stated "Before, Indian people had been so defeated, they were always looking for outsiders, for the government, to somehow come in and fix things. But now, they seem to realize that they're the only ones who can save themselves."

Maybe it's simply that FDR's New Deal in protecting children was overreached or never modeled to prevent the abuse's that occur in this country because of it. Yes, he did some great things he broke up monopolies, made better labor laws, and food and drug acts, he even had 6 children of his own.  However, he also created the bomb that ended World War II and destroyed an entire city of live people, men, women and children not involved in the war any more than other men, women and children in America. Truman dropped it; but FDR created it and would have used it ruthlessly; he also advocated testing the affects of the bomb on the children he trapped in the Child Protection Program; children who were suppose to be protected by the Government not used as pawns in experimental medicine's, vaccines and money making schemes for each State.
The time to act is now; these courts need to be open to the public they serve, records and accountability across the board need to be demanded; otherwise 40 years from now your children will wonder why you simply choose to step-aside and ignore the pleas of millions of families and children in the United States; as history continues to repeat itself, simply because you refused to learn from the past. 

Saturday, May 19, 2012

Parent's Pro Se, How, What, Discovery, Due Process, Legal Research Help?

"Defeat is not the worst of failures. Not to have tried is the true failure." George Edward Woodberry  

When dealing with Child Protection Services in any State - Parent's may need to request the following information to fight their case; Below is a letter formatted to request discovery; the body can also be used in  a MOTION FOR DISCOVERY PRIOR TO THE HEARING THE COURT WILL BASE IT'S FINDINGS ON. Request as soon as you have notice of a hearing.

Under Crawford vs. Washington you are entitled to know your accuser and/or in NH Ross vs. Gadwah and your 5th and/or 14th Constitutional Amend. Rights and/or other case, state, and constitutional rights - parent's are entitled to information a fact finder will use in determining the fate of their child; this is just an example of what a parent in this situation may need to understand and obtain to see what they are up against and to disprove the States assertions. 

It is not meant as legal advice and the writer/dmvc takes no responsibility for any flaws it may have; others are welcome to insert their thoughts and opinion's to further the argument that parents without court appointed attorneys and/or the resources to get a good or any attorney, are in fact in need of resources that an attorney would have access and training to do. Note DCYF can be replaced by CPS or whatever your state titles their department of Child Protection Services as.

Page 1.


 Court COUNTY,                                              MOTION and/or NOTICE FOR PRODUCTION
 Name  of Court                                                        
                                                                                     OF DOCUMENTS AND THINGS             

  Docket No.

Parent's Name, Pro Se, Plaintiff v. State of Whatever State, Department of Health and Human Services, Division of Children Youth and Families or State Name NH = Department of Children Youth and families; court case name is on paperwork received from court or division that a case is open in. 

TO:      Child Protection Department or Attorney General Office if a Civil Suit or edit for a specific
             Doctor or party; such as police, CASA, Guardians etc. their Address or use the court title
             format on any sample motions they have online;          
 DATE: May 19, 2011

            PLEASE TAKE NOTICE that the Parent, acting pro se, pursuant to the Rules of the Court,  hereby requests that the State make available to the Parent, for the purposes of copying and inspecting the following documents and items in the possession, custody or control of the State, its officers, employees, agents, attorneys, insurance and/or representatives: All Items set forth on the attached schedule “A”.

Page 2.
SCHEDULE “A” NOTICE FOR PRODUCTION by June 01, 2012 (put in a due date; check state child protection statute or give at least 10 days some states only require 5 days)

1.      A copy of any and all written statements obtained from Parent, Child and/or 3rd parties, DCYF Employees as it relates to this case including but Not limited to: letters, notes, memoranda, and emails from all parties not limited to the Parents, CASA, and 3rd party providers.

2.      A copy of any and all written documents containing oral statements by the parent, child, 3rd parties and/or DCYF Employees including all file memos, notes, dictation, memoranda or such documents’ taken by Social workers or any other agents, representatives or any police officers assisting in the investigation of the original matter that would contain such oral statements.   

3.      Copies of the entire file of DCYF (excluding any attorney/client privileged information) including but not limited to: any and all 3rd party information, all referral forms and all dictation of the child assessment worker(s) and ongoing social worker(s) assigned to this case.

4.      Copies of all reports made by police officers, other law enforcement officers or any other person concerning this matter to the extent that said reports are in the possession, custody or control of DCYF including those made by the Nashua Visitation Center and/or any other visitation sources. 

5.      Copies of any photographs depicting any injury to the child involved in this matter.

6.      Copies of any photographs or video tapes or audio tapes that DCYF has in their possession, custody or control regarding this matter.

7.      Copies of any and all reports, records, evaluations or the like, of any treating physicians, psychologists, psychiatrists, counselors, evaluators or hospitals pertaining to the child, that DCYF has in their possession, custody or control.

8.      Copies of any tangible evidence that DCYF used at trial and/or will seek to introduce at the review of this matter.

9.      Copies of any and all written documents of any sort that DCYF has introduced to the court and those they will seek to introduce.  

10.  Copies of any video tapes, audio tapes or recordings made of the child and/or parent[s], pertaining to the investigation and any petition(s) in this matter.

11.  Copies of any written statements of all potential witnesses and copies of reports containing the oral statements of all potential witnesses, whether or not the State intends to call or subpoena said witnesses in this matter.
12.  Any written and/or audio, video statements, of or by the Minor Child;  

13.  Any written, audiotaped or videotaped statements of witnesses and/or Parents to the alleged occurrence.

The request is due within 10 days of receipt; it is not grounds for objection that the information sought may be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

 Wherefore, the accused respectfully requests that this Honorable Court:

A. Grant this Motion for Discovery;

B. Grant Such further relief as may be deemed just and equitable.

and/or skip wherefore it not a motion

xSign name here
Parents Name
Phone Number

The Research skills of paralegals are typically deemed denied in every state to Pro Se litigants for the fear of being accused of the unauthorized practice of law by lawyers and bar associations that do not want the public to have access to these individuals ; however, if a paralegal is simply asked to build a Motion or research case law and statutory law surrounding a specific fact pattern  and or lay out a fact pattern in a manner that gives a reader a clear picture of what did and didn't occur - that is not legal advice that's research and legal writing everything done for an attorney should be available to the Pro Se litigant, it is always wise for the Pro Se litigant then to take their case build up to an attorney for review "called bundled services in most states" where you only need the attorney to perform part of the services not handle the whole case and charge you $75 + for a paralegal that maybe an intern earning $ 0 or less than $20. 

Once an attorney receives the information he will determine and rework what is usable and give the client a status; for the Pro Se parent using this resource, they must decide on their own what they will use as well.

Paralegals assisting in this area produce results such as the above and know where to look to obtain information for fact gathering, evidence and the law; however, they can not give legal advice such as: "I think this is the best way to go, they can only give out the research they were ask to retrieve on a specific case, matter, person, or subject of law and they can not represent you in court and argue your case in front of a Judge."

"Always bear in mind that your own resolution to succeed is more important than any other."  Abraham Lincoln 

Friday, May 18, 2012

Families & Children Young & Old...Catch the SummerFun Wave!!! Fairy Tale Festival 2012

Catch the Summer Fun Wave!!! Invitation to our Fairy Tale in 2013

Pictures and a follow-up story can be found here:

Congratulations! on 7/21/12 you & I and our story will begin in Nashua, NH. We will be leaving town by magic of course. Is there truly any other way to travel? The landscapes and places we'll see will spur even our most cynical friends to join in the Quest. There will be some places where we will be waiting they are usually the bouncy places or the face painting places, but we will have more than one of those places to avoid all that Waiting, something will be happening all around you. And oh the stage has excitement to make all the waiting simply fly by. 

You, having the leading role that day as a traveler in an endless field filled with over 40 places to investigate and explore and if your hot which surely July can be, you can glide through the mist and renew your thoughts to go further; to see how far you can travel in one hundred and eighty minutes, and to think that you & I and we will see it all on Concord Street, Nashua, NH

Your invited to the 12th Annual Fairy Tale Festival
July 21, 2012 from 10am to 1pm
Greeley Park, 100 Concord Street, Nashua, NH., 03064.

***Completely free

***Every child goes home with a free book about the current years theme

***Participate in the "quest" to seek information for free drawings to win gifts from
       numerous businesses

***Stun us with your reading abilities and/or dancing with Jr. Jazzercise on stage

***For the Performance's on Stage, Activities and your passport to attend and plan
      your journey click here;
      Itinerary of the Days Program; you don't want to miss this.

*** On and off stage interactive activities with a variety of story book characters and  
       mascots like Sir Sterling, the Chick-fil-A Cow and your favorite Princesses, and

***Parking behind the band shell before 9:45 am

The Nashua SummerFun Program has been providing these events for over 40 years and every year participation increases.

This year we are going to go around the world in 180 minutes; all acts are related to a country and/or a mode of travel. We will be traveling west and there is no telling what we will see or the mayhem we may encounter along the way... for a sneak peek, it starts with A Magic Portal to... and see more developments here:

Here's a map to plan your own personal activity quest;

Mark Twain once said: “Twenty years from now you will be more disappointed by the things you didn’t do than by the ones you did do. So throw off the bowlines, sail away from the safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover.” – the Nashua, NH Fairy Tale Festival.

Denise-Marie McIntosh Head Fairy/Director Fairy Tale Festival SummerFun Member since 2007 DMVC Productions Organizing Results at

News for 2013 "Oceans of Discovery"coming on July 20, same time "10 am to 1pm", same place "Greeley Park, Nashua, NH" ... alas the prelude to the hint ...

Isaac Newton once said: "To myself I am only a child playing on the beach, while vast oceans of truth lie undiscovered before me.

Together we will leave the beach and discover vast oceans, an enigma of calming and soothing waves, often brought in by overcoming harrowing and stormy weather, connecting us to the world around us by revealing unknown truths and triumphs  the journey begins with you & I & we ...

See you soon...

The Head Fairy


Legal Writing - What are Judges looking for...

These articles and blogs have great tips for both pro se litigants and lawyers, "If a writer knows enough about what he is writing about, he may omit things that he knows. The dignity of movement of an iceberg is due to only one ninth of it being above water."  Ernest Hemingway brief writing tips from a variety of judges

20 Questions for the Appellant Judge

Indicators of great legal writing: "streamlined introductions, fact sections that are more persuasive than argumentative, varied sentence structure, liberal use of examples and analogies, clean transitions between points, eye-pleasing formatting, and smooth integration of authorities."
Ask the Author: Interview with Ross GubermanSCOTUSblog (Mar. 24, 2011, 4:37 a.m.), 

For the above and more ideas see: Perspectives: Teaching Legal Research and Writing Vol. 20 | Nos. 2 and 3 | Winter/Spring 2012  -

Exercise and then work - see the why here in Run to Walk

So you want to be an Attorney see what the schools are and are not teaching you and make better choices about where you attend; hint check MSL compared to other school theories:

Proof Reading:

Emotional Editing can the reader understand what you or someone else wrote?

"Federal Rule of Appellate Procedure 28(d) reminds attorneys writing appellate briefs to use names or descriptions of people rather than generic words like appellant and appellee."

FDsys is free - to help you stay updated with Federal Regulations West and Lexius are only within a week: see

"...good advocates are adept at organizing arguments so that they dispose of the reader’s reasonably suspicious questions even before they are fully articulated in the reader’s mind."

For a Full list of West Laws Free newsletters by email go to:

Leon Uris wrote Exodus which illustrate's the history of Palestine from the late 19th century through the founding of the state of Israel in 1948. It was a worldwide best-seller, translated into a dozen languages; I have to agree when Uris once said - "Research to me is as important or more important than the writing. It is the foundation upon which the book is built." PS. he never graduated high school and failed English 3 times; and that is exactly where he succeeded - the mind is a power tool use it.


Thursday, May 17, 2012

Alienating the Public's right to Integrity & Consistency

A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. Ralph Waldo Emerson

NH SB 354 a bill in Concord, NH
was initially described as Relative to the escrow fund for court facility improvements;
this article refer's to it as "...which provides authority to the presiding judge in each court district to have greater authority over personnel and management. This bill also gives $1.5 million to the electronic court system that is currently in the developmental stage. SB 354 passed 235 to 95."

Aah the last sentence was what this bill was suppose to be aimed at; however, O'Brien stated "Decentralizing power from Concord and giving authority to local towns will ensure an accountable, consistent and more efficient circuit court system. The needs for specific court districts vary greatly from community to community and this bill will allow for some autonomy in management practices."

Sorry, it you do not have a central source depicting Management practices a - home office lets say, imagine a restaurant chain like Burger King vs. Chick-fil-A; any branch you go to is consistently the same, the same food, the same wrapping; whats different is the way they treat their customers Chick-fil-A strives to "always be nice" Burger King not so much huge difference in customer service and how they prepare menu items. 

So at Chick-fil-A you find varying shades of  nicer and consistency across the nation in all its branches with the menu items from NH to California it will always taste the same. Burger King not so much, menu items are not consistently prepared the same and you will find customer service ranging  from nice to downright lazy and orders that are consistently wrong; this is our court system varying shades of wrong ranging from nosey, bitter, men and women clerks who do not answer questions, who do not process cases (the customer's order) the same and who do not do things in a consistent manner; the structure and workability of the circuit court system by allowing presiding judges to have some say in managing the personnel within their court as left or rather added into this bill really ensures that the e-court system will lead to a even worst unfriendly court system for our citizens. Because there are no central guidelines for these "managers" to adhere to. 

The comment that Communities have different judicial needs is untrue communities with in the same State and Nation have the same judicial needs; they need justice, they need reliability, predictability and delivery on what they ask for - so the menu/rules need to be exactly the same across the board and prepared the same way (the rules aka menu items should also be readable; so comprehensible in fact that a 5th grader could execute them).  The rules aside if you walk into any Court in NH and ask a question and then walk into the Merrimack 9th Circuit and ask the same question the service there is one of the best a presiding Judge's grasp on customer service perhaps; but it is  what is needed in the Central Office and ensured across the board, by all Court Managers Judicial or otherwise.  A good cue to great leadership can be found in the people under them if they are generous and courteous to their employees it would be reflected in the way they deal with the public they are suppose to serve.

Hence a legislative/judicial committee that reviews and revises rules and understands the applicability of the those rules would in the end best serve the community; Chief Justice Dalanis concern for the unpredictability in egos to be appeased is found in the majority of Justices and its reflected in the people that work under them.

Each Justice demanding more control and moving away from set standards equates with Nixon;  it was accountability that he fear the most in the Watergate scandal and accountability is what Dalanis appears to be trying to achieve, it is also what the legislators know their constituents want and yet as they take two steps forward this shows only  taking steps right back to the present issues.

Judge Kelly's response here shows that he is not consistent or taking responsibility for the flip flop in the house; 27 out 32 courts allegedly in compliance is not consistency across the board and constituents raise complaints in a number of other courts; a Judge not on the same case consistently causes delays even the ones consistently seen by the same Judge remain unresolved and are rescheduled on average up to 4 times or more before actually getting before the court.  Contempt in civil matters to be heard in 30 days of parents motion under NH RSA 461 A; is so unheard of you have to wonder why and what the Judicial system is doing to become compliant.

The Legislative is moving perhaps 2 steps back to take control of the Court's inconsistent actions across the board; The Judicial System needs to practice appeasement and get it right.
"In essence, if we want to direct our lives, we must take control of our consistent actions. It's not what we do once in a while that shapes our lives, but what we do consistently." Tony Robbins

Tuesday, May 15, 2012

DCYF Bishop & Toumpas commit FRAUD FINDINGS HERE

"He who does not bellow the truth when he knows the truth makes himself the accomplice of liars and forgers." Charles Peguy

If you review several blog entries by me and you search for "Federal Audits" you will find that the links previously provided have been redacted by DHHS in New Hampshire and/or linked to unrelated sites; it also is indicative of their attempt to break into emails and conduct wiretapping simply because they can.  I attempted to update the MOJO Declaration and instead decided to post the findings here;

On my blog you will find that this link has been redacted and leads you to an error and/or a state report made up by Maggie Bishop; however it should link to the Federal Website as shown in the title:
However, the real evidence remains unchanged here: type in state
The Federal Assessments of New Hampshire Rounds 1 and 2 reflect the consistent failures observed by the Federal Government since 2003 and are contained in the State’s audit as well:
Furthermore, I saved a previous copy initially put out in 2010 here:


previously under  is now: and preserved here The N.H. Statewide Assessment 2nd Round CFSR’s (Children Family Services Report) demonstrates that New Hampshire has neglected policy that was the "moving force behind constitutional violations in many potential civil cases over the last 20 years."  If compared side by side you can identify the changes made to make DCYF look better.

Preserved here: is a small comparison document
However, Ms. Bishop's report copied in  August 2011 is preserved here: and here

Its easy to believe someone like Maggie Bishop under the direction of Nick Toumpas; when you want to hear that the Government in New Hampshire is not lying to you.  But you can not ignore the hard core facts; their own documentation preserves their lies. The system ... well it, bites.

Kentucky knows it and their media is checking into it Michigan Knows it and their media and congressman are pushing for the truth WMUR in New Hampshire receives to many endorsement's from DHHS/DCYF to report the real news; so do not expect to see it there like other media sources refusing to do their job; this article shows when parents have the ability to push their case to the highest court the truth comes out; you can expect to see the truth in a movie made through

The facts in my case show the deception and corruption in the New Hampshire system; if it didn't there would be no reason for DHHS to intercept and redact information that the public has the right to know; aka The Freedom of Information Act and the NH Right to know laws.

"The hardest thing about searching for the truth...Is that sometimes you find it."

Sunday, May 13, 2012

Legislators VS. Judicial VS. Common sense not so much ...

House, courts at odds | Concord Monitor: Rather common sense seems to be not so common as this debate lingers on; and the bull coming out from both sides egos now, really read between the lines...

"Last-minute legislation co-authored by House Speaker Bill O'Brien has court officials predicting that, if passed, the state's district, probate and family courts will revert to costly, inconsistent "fiefdoms." Really, well as a citizen who has tried to get contempt charges into a NH Court since filing in October 2011; under NH RSA 461:A it should have been heard in 30 days; and yet it has been "rescheduled" now for the 4th time due to the Judicial Branch to be heard on May 25th. I would have to say that the Court's are already inconsistent.

If the amendment returns control and management of the lower courts to the judges sitting in them and no longer leave it's to the central office in Concord which actually has been around for a while providing extra jobs; albeit not accountability across the board; that sounds worst than where we are now. Speaking without looking at the proposal because the Concord Monitor does not provide a link to it; typical; but they do bring out the horrendous logic contained in it. What legislator's should be doing is working to make that office accountable and make the Judicial Branch ACCOUNTABLE AND CONSISTENT across the board! 

"Court officials told an unsympathetic House Judiciary Committee last week that the move would reverse decades of improvements that have made the lower courts more uniform and efficient." Sorry, I am pretty sure they are not talking about New Hampshire.  If Chief Justice Linda Dalianis testified that there was $2.3 million in savings over the last 10 months due to greater central control; why are the courts not open a FULL WEEK; why are they not hearing cases in a consistent manner?

"Amherst Rep. Robert Rowe, is a retired Judge who chairs the committee and co-authored the amendment, and he more than most would be pretty aware of the Judicial Branch's inability to be a uniform and consistent operation; however, his reasoning as this article moves along shows can only be from days gone by when the courts were not as large as they are today.

 "A call center  that takes nearly 1,500 calls a day," is indicative of courts that are not processing cases in a timely manner even in light of being closed two or more at least half days a week; and that the inconsistency in the system requires users must ask a lot of questions.

OUCH, HERE Delanis may be right.....Rowe said the lower court "judges especially fear retaliation from supervisors if identified. Their gripe, Rowe said, is that they no longer have any authority in their courthouses beyond adjudicating cases. That is of course their only role. "(A judge) can't supervise or discipline court personnel that are not performing his or her job,"  Nor should they be able to, that is not their job; it is the Clerk of Court's job and Judges should be forwarding their complaints to them; for example the inconsistencies in the Nashua, NH Superior Court; comes under the Clerk of Court and Judges should be especially concerned over their new "court coordinators" that are holding back divorce cases; a recent example shows a couple who filed a joint petition for divorce with no outstanding issues to be decided by a Judge; it just needs to be signed. However, now before the Judge even sees the case; a court coordinator halted the progress by demanding financials in a case that didn't call for them; all assets and child support had been divided agreed upon and neither party wanted to share their financials. Judges should be reporting to the Clerks of Court that the unauthorized practice of law will not be tolerated and together should be putting a stop to overzealous "clerks" who have no authority to make such decisions; the idea was to help streamline cases not entertain busybody "clerks" whose only agenda is to be nosey.

Furthermore, Judges should not be playing a micromanagement role; they are there to hear cases decide on them and keep the flow of traffic moving; Clerks of Courts (Whether it is a Judge or Lawyer) need to fire lazy meddlesome employees and run their offices with efficiency, something covered in their business management classes; and if they haven't had a background in business and law we should be very concerned.
Procedures and Administration should be consistently controlled from Concord in conjunction with and under the leadership of the Chief Justice and the legislative committee to be sure they are actually understandable since the National Center on State Courts reports that in 85% of civil cases in New Hampshire one party is a pro se litigant.

Dealing with individuals bad behavior should be handled by the "Clerk of the Court" as heard about by the Judge, other Attorneys and the public's complaints.  The Judge is there to hear cases period; no where does it say he/she is the end all; of how the courts operate and that would be bad. Rowe is wrong. If Rowe said "Judge Ed Kelly, who heads the court, and Judge David King, who serves as his deputy, would strictly hear cases." Well, it should be an either or thing they are administrators or they are Judge's obviously Kelly is failing or there wouldn't be this much controversy surrounding the issue.  

The Court's need accountability and consistency; Judge Kelly has failed because he does not know how to provide that or how to keep his Clerk's of Court and/or Judges accountable with appropriate sanctions and discipline standards across the board, or any type of consistency; the Judicial Conduct Committee made up of mostly Judges, Lawyers and appointed linked professionals has no stats, no public sensor and provides no leadership in controlling the professionals under their watch; they do consistently hide their misdeeds under the rug though. Rowe actually told a group of students in the last couple of years that the Court System is very much the "the old boys network". Hopefully, Delanis can break through the barriers by actually demanding consistency in administration and following the laws set out by legislators; and reining her employees in across the board with meaningful reprimands.

Now the article states that "The administration would be left to the chief justice, who would be allowed to appoint a non-judge administrator. But the courthouses would be managed by a presiding judge assigned there"  Hello, Legislators that is exactly the problem, Judges need to adjudicate cases not micro manage.

"Rowe said there is no way Kelly or King, sitting centrally, can know what sorts of problems the circuit court in Colebrook or Nashua are facing. He said judges have told him that when clerks in the courthouse fail to do their work or are rude to the public, they can do nothing about it."  The problem is with the Clerks of those courts the Judges have enough to do and they are more often than not part of the same complaints; if Kelly actually acted on any of the complaints coming across his desk and got off his derrière to see what is happening in the state and have training's for consistency across the board he would be an affective manager.  Perhaps what Dalanis should be doing is looking for someone new.

"Rowe said. "It won't cost any money. All it does is give the local judge a little more say in managing the staff. That is all it does."  Really, what does the Clerk of Court do then? Judges should only be managing their direct staff and when an issue arises forwarding it to the clerk to take care of.  And the Clerks should be consistent in their demerit system and get rid of employees who do not act in a manner that serves the Judge or the Public. Its called Human Resources.

Central management can provide consistency when it is issued from a strong central manager - obviously not found in Judge Kelly. A presiding Judge is there to make sure the Judges and Marital Masters that are not suppose to be there but are under him/her are doing their jobs consistently and in line with ethics and wow the law not a wholly new concept.

The administration is rightly left with the Clerk of Court under Central Management to provided fluid uninterrupted consistency across the State and they should set up a line of discplinary action with their employees unions to get rid of the ones who think they are in someway owed a job. 

This amendment by Rowe WILL result in adverse changes in the circuit court, "Rowe said. "It won't cost any money. All it does is give the local judge a little more say in managing the staff. That is all it does." What it really does is feeds some already over inflated ego's; times have changed and while I do respect and have deep appreciation and respect for Rowe this time, I respectfully disagree and welcome him to discover a new age.

Dalianis appears to have a better picture and the ability to realize that Rowe's proposal will result in the same old "individual judges causing the processing of cases to fall behind; not recognizing standardized forms, procedures, court rules and the law; not working to make court records available online; a hole in the records due to their private biases.

Dalianis actions and ability to listen and attempt to compromise with the Legislators reminds me of this ...“The key is to just get on the bike, and the key to getting on the bike… is to stop thinking about ‘there are a bunch of reasons I might fall off’ and just hop on and peddle the damned thing. You can pick up a map, a tire pump, and better footwear along the way.”  -Dick Costolo, founder of

To the Legislators and Judicial Branch - Winston Churchill once said "An appeaser is one who feeds a crocodile -- hoping it will eat him last"; he should know Neville Chamberlain appeased Hitler and look where that left us. It's time both sides look at the big picture you can't place missile's in Turkey directed at the Soviet Union and not expect a tit for tat when they place missiles in Cuba. 

Demand accountability and make the changes necessary to achieve it; learn from the past and listen to both sides; right now your both reacting without accepting responsibility and making meaningful changes to a Judicial System is that is quickly sinking its not that hard to root out the real problem's and fix them.

The amendment will go to the full House on Tuesday. Contact your legislators before Tuesday and tell them to work it out.


To the Mother's without a Card Today

As I travel down that old familiar road, I find myself in longing the landscape beckons me; folding me in an embrace that caresses my brow and soothes my soul while releasing my tears with it gentle whispers of home...

Child: Mom?
Mom: yes. 
Child: you know what's weird?
Mom: what?
Child: they started asking about you again (pause), like how's your mom.
Mom: (slowly smiling)
Child: So, I guess "We" do exist...
Mom: Yes, yes we do... we exist ... are you ready then?

Child:(simply giving that eye brow look)

Mom:(like a reflection in his beautiful eyes) To see the     
                                                                                world ...

That saying when one door closes, another will open ... why it opens is because "we" make life happen; we're mothers - we push past obstacles and break barriers; we are relentless to make this world better for all children ... we will never recoup what we have lost - but by learning, persevering and fighting for it; we will win the future for our children! 

Happy Mother's Day.

Yours in opposing oppression;
Denise-Marie McIntosh

Friday, May 11, 2012

New Bill passed New Cuts any Compromises Insight?

House Passes Legislation Cutting Food Stamps and Medicaid and Eliminating SSBG | The Children's Monitor:

On May 10, 2012 the U.S. House of Representatives passed H.R. 5652, the Sequester Replacement Reconciliation Act, this bill, follows the budget resolution passed by the House earlier this year, and seeks to replace the automatic defense cuts scheduled to go into effect beginning in January, 2013 until the U.S. Debt is reduced; allegedly.

The article relays that they are cutting "$8 billion from the Supplemental Nutrition Assistance Program (SNAP), aka food stamps; ...restricting eligibility for the program" ok, that seems reasonable.

Cutting billions from Medicaid by "repealing the maintenance of effort protections in the Affordable Care Act, which have ensured states keep coverage and eligibility attainable for children" that's concerning, I don't agree.

"Eliminating the incentive program that rewards states for increasing enrollment for eligible children." YES!!!  Hi this is the government we do not need to reward them further for doing their job; they get better than decent wages and exceptional benefits! Incentive programs across the board should be CUT OUT OF EVERY PROGRAM!

While it states "President Obama has threatened to veto the bill and the Senate has shown no interest in taking it up."  It's time to cross party lines and compromise, we need to take care of families and our soldier's and their families; we also unfortunately need a military; however, we do not need lax requirements for receiving public assistance, Democrat's; nor do we need to offer over zealous state worker incentives to pull more families into the fold, or simply do their jobs Republicans. Just a thought but that is a logical place to start!

Thursday, May 10, 2012

Technology - Communications

I love the New Translate Gadget provided by google and I hope it helps my readers.  It certainly makes the world a smaller place! 

Tuesday, May 8, 2012

Open the Doors of N.H. Justice to Everyone

"It is so easy to be confrontive without being informative; indignant without being intelligent; impulsive without being insightful." Neal A. Maxwell Wednesday, May 9, 2012

In this article: Judge Dalianis speaks out against move to give lower judges control over their courts and I have to agree the problem is there is NO consistency and what is Dalianis doing to ensure there is? When there still is none.

The point of the previously discussed amendment change discussed here: is to place the administration of the courts under a compromise between the legislative and judicial branches. = Check and Balance

The way it should work and a "reasonable person" whether or not involved with the courts might get this concept; the Judicial branches proposes the rules if they the legislative branch not all lawyers on the Judicial Committee actually understand them and their inherent value to the system = then they stay.

What was that phrase ... Keep it Simple Stupid ... the point is apply some reasoning to the court rules and consistently applying them across the board to open the doors of Justice to everyone, not the elite few.

"Do not believe in anything simply because you have heard it. Do not believe in anything simply because it is spoken and rumored by many. Do not believe in anything simply because it is found written in your religious books. Do not believe in anything merely on the authority of your teachers and elders. Do not believe in traditions because they have been handed down for many generations. But after observation and analysis, when you find that anything agrees with reason and is conducive to the good and benefit of one and all, then accept it and live up to it." ~Buddha

WAKE UP CONCORD - OPEN LETTER TO ALL LEGISLATORS your failures affect Children in NH

Plain Stupidity or Set-up for more fraud in New Hampshire:

"Children are great imitators. So give them something great to imitate." Anonymous

You know legislation and laziness is a very bad combination when decisions like this come out of Concord; its not only the run on sentences and poor grammar use; but, the lack of logic in putting the DJJS Division for Juvenile Justice Services and DCYF Department of Children Youth and Families under one director - first these are the two areas that conflict the most; the only thing gained from being under one director; who has been running both without legislative consent as confirmed in the article below for several months now CONFIRMED HERE:   the purpose is solely to capture more federal / state funding not used for the best interests of children in either populations because both have failed federal and state audits on their activities with these populations. This report by Maggie Bishop queen of distorted statistics  does not clearly spell out what the federal government states here : NH's  failures in their duties across the board are upto and beyond 66% of the populations served over the last 20 years; yet our congressional leaders still fund their lack lustrous ineffective programs at 75% under title IV, tanf and other block grants and then the State of NH through the Reimbursment Unit under DHHS turns around and charges the parent's of these children in both arenas at 100% ; 200% if they are divorced. DCYF collects here under NH RSA 169-C The Child Protection Act  the DJJS collects here under NH RSA 169-B Delinquent Children Act: Both of the aboved are Labeled "Liability of Expenses and Hearing on Liability"; yet rarely do parents get a hearing on liability before they get a bill.

This study by the UNH conducted in 2004 gave the DJJS arena ways to impove their system ; however, the disability rights center did an investigation into the Sununu youth facility as recently as 2010  and found " "An unreasonably large number of restraints resulted from issues of resident noncompliance rather than for safety issues." Exposing children to unreasonable risk "staff regularly used dangerous restraint techniques to control youth's behavior." As stated above, "the most common incident reviewed involved staff using a 1 or 2-arm "takedown" to put a child into a prone floor or bed restraint, ending with placing the child in handcuffs and removing the child from the unit." Really, you wonder why they are repeat offenders at such a young age; they are learning to treat people cruelly, because that is how they are condition to be treated by the State of New Hampshire not their parents and nothing has changed in that facility. State, government conditioning anything new? Nothing new there, most nortorous would be hitler.

Moreover, DCYF In Re. Eric L 1991-2003 and this study in 2005 indicate  "class action lawsuits can definitely effectuate large-scale systemic change for child welfare systems. Yet ideally, given the expense and time-consuming nature of litigation, systemic transformation and improvement would best occur in other ways, administratively and legislatively, without the need for such lawsuits." The deflection from public view is not for the interest of children it is directed at continuing to hide funding in these areas and the rate of failure to help the community. Why? Because it will all happen behind closed doors as it does now so whats changed? Now, if this passes you will have absolutely no oversight to maintain accountability which there is now none.

Why is elderly affairs involved in the decision making process here? Why would you put two state departments so dysfunctional in operations together? And under the direction of Maggie Bishop who has failed all audits todate on her department? 

Its like saying lets just have the legislative branch under the chief justice of the supreme court or for that matter 400 legislators can take a crack at trying any case in the NH system no checks and no balances none; its what we have now anyway. No wonder another state department called me in to work today; they did not want me to be involved in this hearing and it's the 5th time it coincidentally coinsided with a child and family hearing, I am sure its just a "coincident". 

Seriously, one does not need to work directly for them to research the injustices occurring in this system. Including the fact that children leaving the system at age 18; are not given independent living skills to move forward nor are they given free secondary education as goes on in other states and they are being put on the street penniless without resources and without places to go; under Maggie Bishop that's the best interest of the child.  

Furthermore,we as taxpayers are in fact and not theory paying the state to hurt these children. Why? because we do not DEMAND accountability and corrections from the people who are suppose to serve us.

Heads up when you age and go to the Elderly Commission the people who will be there to help you will be the ones who you brushed aside; stop and think how that will work out for you. WAKE UP CONCORD & N.H.

Wednesday, MAY 9, 2012 CONSENT CALENDAR CHILDREN AND FAMILY LAW SB 349, relative to the administration of juvenile justice services.
Not if you help put a stop to it now:
Rep. Anne C Grassie for Children and Family Law: The committee agrees with the Senate and the House Health and Human Services and Elderly Affairs Committee that juvenile justice and child welfare can best serve youth and families by sharing and collaborating under a common director. By merging both divisions division of children, youth and families (DCYF) and department of juvenile justice services (DJJS) communities can view DCYF as a valuable intervention for all children regardless of petition type, and limited resources and limited resources can be utilized more effectively. Creating one division from two that currently share one budget, one director and one practice model makes the most sense. Vote 11-0. AS amended by the senate here:
Contact your legislators and demand accountability !
"An aware parent loves all children he or she interacts with for you are a caretaker for those moments in time." Doc Childre
Even if you are not a parent you are responsible for the next generation!