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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.

Name
Address
Phone
Email



 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

Respectfully,
x
xSign name here
x
Parents Name
Address
Phone Number
email

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 






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