Knowing your rights, Standing up for yourself and Speaking Up
to Ensure you get them!
"Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen." Winston Churchill
This article covers whose talking about the problems in the system and what your rights are to protect your family.
Kevin Avard and other State Rep.'s are listening and Kevin has what it takes to sit down with you; you need the courage to Speak Up so that the problems your encountering can be brought forward and changed.
Speak Up, Host Kevin Avard sits down and talks with Independent Paralegal Denise McIntosh about a variety of issues having to do with dealings of the Family Courts
http://www.gencourt.state.nh.us/rsa/html/indexes/search.html type in 169-C
click on:
| 2. CHAPTER 169-C CHILD PROTECTION ACT | Hits : 370 |
| Summary: TITLE XII PUBLIC SAFETY AND WELFARE CHAPTER 169-C CHILD PROTECTION ACT Section 169-C:1 169-C:1 Short Title. — This chapter shall be known as the Child Protection Act.Source. 1979, 361:2, eff. Aug. 22, 1979.. Section 169-C:2 169-C:2 Purpose. —     I. It is the purpose of this chapter, through the | |
you will then end up here:
http://www.gencourt.state.nh.us/rsa/html/xii/169-c/169-c-mrg.htm
Read this law find our what your rights are. This law talks about what your rights are if DCYF is contacting you and/or involved with your family - demand accountability.
The Process with DCYF:
This is not to be construed as legal advice; it is simply what I have viewed in the process and what I would do NOW that I know what my rights are.
Central Intake - receives a complaint they check for red flags supposedly and they check records to see if there was a call before on the same family.
Social Worker - a social worker follows up with a phone call or by stopping by your home and leaving a card. This is where you can find out if they are doing the investigation correctly and what you may need to push for in your case: http://doj.nh.gov/criminal/victim-assistance/protocols.htm click on either the Child Protection Act and/or Domestic Violence Act among other protocols government employees are suppose to follow when working with the family; cross reference with the law because they do not update these on a regular basis.
1) At first contact you don't have to call them back, they have 60 days to continue to try to reach you before they will simply label the case unfounded.
Flip Side: If you have a real complaint about a child in need keep calling and call the police.
2) If you end up speaking with a CPS Child Protection Worker and agree to meet to show your child is fine, it does not have to be at your home, it can be a restaurant or location that you feel safe.
3) Ask them to bring a copy of the Central Intake Report about your family and tell them you want them to bring it with them before you will see them. Problems check the true copy of the NH Family Rights brochure here:
https://docs.google.com/open?id=0ByTPLCn0VjpSdG45elpUOUlwMXc
Call the Ombudsman's Office 1-800-852-3345 extension 6941 when your rights are not being met.
Once you have the Central Intake Report, really look at what was written about your family, get witnesses to dispute, cross reference to see if it is really even about your family and call a lawyer if you can afford it; either way bring your wittiness's to court at the very start; if this is due to a divorce matter and it was already brought up in the Family/Superior Ct. bring that paperwork with you, to possibly show an overlap in jurisdiction. Put the CPSW on notice and give her/him a copy it's unlikely they will put in the extra effort to prove your fit.
Also, important to check into is whether or not you have a Marital Master or Judge in the Family Division. Because Rules. 12-14 for Marital Master have special restrictions as to the type of case they can hear and you will find that information here: http://www.courts.state.nh.us/rules/admn/admn-12-14.htm check out D. do not agree to a transfer. Request a Judge because the standard of proof is higher in the NH Superior Court System; which means the social worker will actually have to work and do their job.
At First Contact: This pamphlet is suppose to be given to you before you speak to them, it contains an outline of your rights including your right not to speak with them.
https://docs.google.com/open?id=0ByTPLCn0VjpSdG45elpUOUlwMXc
(this file has been scanned it is large so a couple of click's and a few moments to open it)
READ the form you sign that is supposed to "just say" you receive this handbook.
COURT if you did not receive this let the judge know you were never advised of your
rights.
DUE PROCESS - NH RSA 169-C:34 IV at first contact you must receive the above
GRAY AREA - this form :
https://docs.google.com/open?id=0ByTPLCn0VjpSTjhyZEdvU091TlU is something I would not sign; in most case's they are there to check on the welfare of child; if you need the services on the 2nd page of this you can go directly to those office's. Furthermore, if the social worker has not filled out the form and/or check's off something, that makes you look guilty of something, be wary and do not sign. They are only starting to investigate; do not sign without the advice of an attorney. And only when you get a full copy for yourself, RIGHT THERE, RIGHT THEN.
Because under NH RSA 169-C:27 you will have liability for expenses on any services you receive - however, you are entitled to a hearing to question the bill and have a court determine your ability to pay because the Reimbursement Unit is like any other collection agency and may try to force you into a reimbursement agreement that the Court system certainly would not.
If you do not push for your rights no one will; you are not afforded an attorney in these cases as of July 2011. Therefore, the only one who can help you is you.
These records show that NH Child protection workers fail federal audits based on their service to the public:
http://www.acf.hhs.gov/programs/cb/cwmonitoring/ this link talks about the goals for each state and gives the links to well, anything you want to know about a particular state, this link directs you to New Hampshire Results under the direction of Margaret Bishop. http://library.childwelfare.gov/cwig/ws/cwmd/docs/cb_web/Record?w=NATIVE%28%27DT+ph+is+%27%27CFSR+Final+Report%27%27+and+STATE+%3D+%27%27New+Hampshire%27%27+and+RPERIOD+%3D+%27%271st++Round+CFSR%27%27%2C%27%272nd++Round+CFSR%27%27+and+DOC_AVAILABILITY+%5E%3D+%27%27Not+publicly+available+on+the+Children%27%27%27%27s+Bureau+website%27%27%27%29&m=1
If you receive a summons under NH RSA 169-C:8 It is suppose to give you notice of the chargeable services; furthermore, if you do need help and engage in a service plan with the state they have to let you know up front what each service will cost under NH RSA 169-C:19 Dispositional Hearing - The child protection worker has to come in with a plan and the costs; and you should know that you can use your own insurance.
The links provided for the above resources are not legal advice, they are legal rights and anything you do not understand you should ask; if a paragraph relates to another law go back to the state resource for finding the laws that pertain to your rights here: http://www.gencourt.state.nh.us/rsa/html/indexes/search.html type in the number, click on and go to the referenced material.
Be prepared, be vigilant ask questions, demand answers and accountability and assert yourself; you have everything to lose if you do not. It is scary and it's aggravating to deal with small minded, overzealous young people who do not have children and even more so when they are any age and overzealous, disrespectful and they simply do not care.
The Court's and the law are suppose to make sense out of chaos not add to it.
"Always be ready to speak your mind, and a base man will avoid you." William Blake
If I left something out feel free to email me to put it in dmvc@comcast.net
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