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Showing posts with label 169-C. Show all posts
Showing posts with label 169-C. Show all posts

Saturday, September 15, 2012

"The Witness List" - N.H.

Have you been subjected to any of the following by the New Hampshire Department of Children, Youth and Families? If so, this is that moment when you can make a difference.

Albert Einstein once said "Any intelligent fool can make things bigger and more complex... It takes a touch of genius - and a lot of courage to move in the opposite direction."
DCYF and the Courts in NH are making things bigger and more complex, would you like the opportunity to be heard? Even if only to hold this system accountable, check the list below.  If even one of these relates to you, I would like to offer you the opportunity to testify in a case against them during the week of January 06, 2014, at Hillsborough County Superior Court North.

As a Parent you were denied access to records in your case;

The Investigation in your case was incomplete, inaccurate and/or non existent;

Your child was taken because of a one time alleged conversation without collaboration and/or without documentation to back it up;

Your child was taken from you, even for a moment, because they thought you would harm the child in the future;

Someone lied in your case and it hurt you and you have documentation to support it:

 *such as a social worker - Tracy Gubbins, Kris Geno, Tracy Roukey, and/or Margaret
   Bishop or with any other social worker (once named two or more times they will be
   listed here). To show this is their normal course of business not a mistake...
 *such as a therapist - Dr. Vonderheide, Dr. Lynch or someone else DCYF referred or
   that another party hired, whose records do not support what they disclosed to DCYF
   or that DCYF refused to release a copy of their records to you.
 *A school teacher a McIntosh or someone else manipulated facts in your case.

Intentionally Inflicted Emotional Distress to you and/or family members;

Social Workers lied and or forced you into signing something for services you did not know you would have to repay the state for, because they did not advise you of your rights;

While DCYF was investigating a matter with your family, they did not give you
consistent uninterrupted visits with your child;

DCYF disrupted visits between you and your child;

You were treated inappropriately at a facility they made you go to;

The investigating social worker never gave you your rights at first contact;

Social Workers deprived you of a right "while acting or purporting to act in the performance of their official duties";

You were denied the ability to present witnesses in your favor;

You were denied an educated attorney familiar with these types of cases and/or you were denied the right to have someone in court with you;

You a child who was in foster care that later found out DCYF lied to you about why you were taken from your family;

You were denied evidence that a fact finder used to determine the fate of your child;

An undereducated CASA worker made adverse findings in your case;

The court order you to pay for a GAL you could not afford after 2005;

If you would like to make a difference and put an end to the blatant disregard for human dignity, families and American rights shown by the above department and/or the NH Judicial Court System and Family Courts, sign up to be on the witness list in this court case or upcoming legislation to hold them accountable:

NH 226-2011-CV-967, Denise-Marie McIntosh v. The State of NH et al. (and others) by contacting Denise-Marie McIntosh at dmvc@comcast.net and provide your case number and a description about how the current system hurt you and/or your family.

We can fix problems. if we stand together and we can ensure that what happened to our children never happens again.

Volunteer to be a witness and/or allow me, Denise-Marie, to advocate on your behalf and take your story to Concord, NH when legislation comes up next session - to show why these government departments and courts need to be accountable to us "we the people".

With your support and/or engagment, we can push for change and open the courts so that the Judicial system and DCYF can not hide the states embarrassing track record of failing over 66% of the population they are supposed to serve. It's been going on for over 30 years and it needs to stop.

When people like Sylvia Gayle are running for office after being a supervisor in the department of Children, Youth and Families and who purposefully took away a foster mother's only child, recommending the father have custody and then letting her continue to be a foster parent to the state children in her care, and then called her two weeks later to take in another child "J.L." You have to question their morals and what is wrong with system.

What you can do, besides not vote for such a heinous corrupt individual - you recognized Robert Walsh and before him John Stephens for what they were and New Hampshire you sent them packing.  We'll do it to Sylvia Gayle as well, but it's not enough because we need to stand together if for no other reason then to tell a jury and the legislators what these people do to families and that we have had enough!

Bit more importantly, together, we will let them know their lack lustrous efforts are no longer acceptable and it stops now, because we do have a right raise our children and to free speech, whether or not it's contained in their court documents and we are going to exercise it!  Children need to know we did everything to get them home and keep others safe.

To be a witness in front of a jury, you have to be there during the week of January 6, 2014 and be on the list now; for legislative work you can just send an email that you're allowing me, Denise-Marie (McIntosh) to advocate for your rights in front of the legislators because you have to work, but you want a say in providing details of why things need to change in NH DCYF and the Family Court System, because it is a system that does not offer you an easy appeal to the supreme court, because there are no middle tiers in NH.

contact Denise-Marie - confidentially at dmvc@comcast.net; it is a step towards the justice you/we and hopefully the justice that no one else will ever be wrongfully denied again. 

Friday, August 3, 2012

Speak Up - Child Protection your Family’s Rights - The Procedure - Government Abuses to be aware of ...

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




In NH the Child Protection law is NH RSA 169-C which can be found here:
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. — &nbsp&nbsp&nbsp 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