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Showing posts with label CPS. Show all posts
Showing posts with label CPS. Show all posts

Thursday, July 17, 2014

Justina Pelletier Released & Now Reveals secret testing...

Sadly, not much has changed since; I posted this article about two little boys who were victimized by the Department of Children and Families in Massachusetts and New Hampshire.   

But this article shows that Justina Pelletier; was able to get in front of  Congress to disclose what happened to her in the hands of the Massachusetts Department of Children and Families (DCF) and Boston Children's Hospital to urge them to "pass "Justina's Law," a bill named after her that would defund involuntary medical research upon children in state custody."

Many members who heard her tesimony immeadiately agreed  to sign; and while working in the right direction you have to look at the facts it will protect children like Justina, who have parents that were able to fight for her.  However, the sad fact is the majority do not and even when they do they are so downtrodden and hidden in secret courts that no one hears their pleas or the pleas of the innocent children involved.  Justina's law needs more teeth and a large Stop using Children Completely as Guinea Pigs.   



Liberty may be endangered by the abuse of liberty, but also by the abuse of power.
James Madison

We expect more for all children.


Monday, April 21, 2014

Child Protection Continues to Fail

http://www.mercedsunstar.com/2014/04/08/3591013/capitol-alert-tim-donnelly-wants.html?sp=/99/215/280/305/&ihp=0

"If I were in charge of the entire state, I can tell you right now I would abolish CPS," he said at a news conference at the Capitol, "because CPS has become the greatest threat to the very kids it was designed to protect."
news conference to promote legislation that would require social workers to conduct video or audio recordings of their interactions with children and parents when investigating child abuse. He said recordings would protect both families and social workers in disputes.
So why are they against it?  California Welfare Directors Association,  "it is imperative that our CPS social workers be able to conduct interviews with children and their parents with unfettered access," according to a letter included in a legislative analysis.  Unfettered Access with real evidence provided in video & audio recordings should be something they want then.  
remarks came on the same day the state auditor released a report criticizing the child protection dept;...meddles too often in cases where intervention isn't warranted, while devoting too little time to serious matters.
This Bill Should be passed in all states; Law would require recording CPS interviews with parents!
Part of the article is recapped below:

SACRAMENTO (CBS13) — A new bill aims to change the way Child Protective Services operates in California.
The bill is called Sammy’s Law, named after a Sacramento baby taken from his home by CPS when his mom asked for a second medical opinion.
“I have a copy of a police report, and a copy of the social services report, and the police report by trained investigators is a 180-degree difference from what’s written by a social worker,” she said.
The error is not uncommon.
A new report by the state auditor reveals assessments by CPS workers in three counties were routinely “flawed” as well as “incomplete and inconsistent.”
“CPS has become the greatest threat to the very kids it was designed to protect,” said Assemblyman Tim Donnelly (R-Twin Peaks).

“I’m not going to stop this fight,” he said. “It’s why I believe this agency needs to be eliminated.”

“In many cases, the only evidence presented in court for removal of a child is the word of a social worker,” he said.

Sacramento County Child Protective Services declined to comment on the bill, which still needs to be reviewed by a committee.. Of course they do they are sicker than the people they are suppose to help. 

Saturday, February 22, 2014

Child abused, Dr. Reports it, CPS ignored it "until" the Media Reported it...


"He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it."
Martin Luther King, Jr.

Michigan Child Protection Services passively asserts that a 3-year-old Child with anal warts "does not meet the child protection law definition of child abuse or neglect."


Dr. Jack Pfenninger, would not accept that finding and vehemently protested against CPS not protecting his Client, a Child; on 2/21/14 WNEM took a Proactive Stance, Reporting the Story to the Community it serves and that is the only thing (repeat exposure of their despicable acts)  that made CPS, the Police and the Attorney General finally step in to help this child...their typical response "NO Comment" under laws that only protect them and silence their victims....



Did state agency neglect child abuse case? - WNEM TV 5
YES

The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it.
Albert Einstein

Wednesday, September 25, 2013

TX - Charges - Grand Jury - CPS, Facing Felony's



I'm a great believer in karma, and the vengeance that it serves up to those who are deliberately mean is generally 
enough for me.
Beth Ditto 

CPS worker's arrested Greenville, TX all charged with 3rd degree Felonies in TX for:

Ard. 60 of Rockwall -1 count of tampering with evidence

Natalie Ausbie-Reynolds 33 of Fate - 3 counts of official                                                      oppression & 1 count of tampering with 
                                   evidence

Rebekah Lynn Ross 34 of Greenville on 4 counts of official oppression and 1 count of tampering with evidence, more here.

Looking forward to helping to put away some in New Hampshire. 


I'm for truth, no matter who tells it. I'm for justice, no matter who it's for or against.
Malcolm X 



Monday, March 4, 2013

NH DHHS/DCYF Fiscal Audit Needed


http://www.westofthei.com/2013/03/03/kerkman-co-chaired-committee-calls-for-audit-of-dcf-oversight-of-child-placing-agencies/39680

Kerkman co-chaired committee calls for audit of DCF oversight of Child-Placing Agencies

State Rep. Samantha Kerkman /Contributed photo
State Rep. Samantha Kerkman /Contributed photo
Members of the Joint Legislative Audit Committee have approved an audit of the Department of Children and Families (DCF) oversight of Child-Placing Agencies. The audit was approved unanimously by the Committee.
“This audit is absolutely necessary to ensure that DCF and the Legislature have a clear understanding of how taxpayer funds are being spent by child-placing agencies,” said state Rep. Samantha Kerkman (R-Randall) after the hearing. “We anticipate the results of this effort will reveal potential weaknesses in the system and will inform us on how to improve fraud prevention going forward.”
Kerkman’s district, which includes most of Western Kenosha County, is the co-chairperson of the Joint Legislative Audit Committee.
The Department of Children and Families has revoked the license of a Middleton foster child placing agency for allegedly misusing $6 million of taxpayer money for personal gain. An internal DCF audit, which was completed last month, revealed that public funds that were used for substantial unallowable costs and triggered the oversight concerns. Additional concerns have been raised about the financial oversight of child-placing agencies due to further recent revocations of several licenses based on other allegations of misuse.The nonpartisan Legislative Audit Bureau will begin the audit shortly and a report is anticipated later this year.
- See more at: http://www.westofthei.com/2013/03/03/kerkman-co-chaired-committee-calls-for-audit-of-dcf-oversight-of-child-placing-agencies/39680#sthash.S3pZEVaK.dpuf

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

Sunday, July 22, 2012

The List NH RSA 169:35 the DILEMMA - Child Protection Services

"A person may cause evil to others not only by his actions but by his inaction, and in either case he is justly accountable to them for injury."
— John Stuart Mill

169-C:35 Central Registry. –
I. There shall be established a state registry for the purpose of maintaining a record of founded reports of abuse and neglect. The registry shall be confidential and subject to rules on access established by the commissioner of the department under RSA 541-A.

II. Upon receipt by the department of a written request and verified proof of identity, an individual shall be informed by the department whether that individual's name is listed in the founded reports maintained in the central registry. It shall be unlawful for any employer other than those specified in RSA 170-E and RSA 170-G:8-c to require as a condition of employment that the employee submit his or her name for review against the central registry of founded reports of abuse and neglect. Any violation of this provision shall be punishable as a violation.

III. Founded reports of abuse and neglect shall be retained for a period of 7 years subject to an individual's right to petition for the earlier removal of his or her name from the central registry as provided in this section.

IV. Any individual whose name is listed in the founded reports maintained on the central registry may petition the district court to have his or her name expunged from the registry. (a) A petition to expunge shall be filed in the district court where the abuse and neglect petition was heard. In cases where the department makes a finding but no petition is filed with the court, a petition to expunge shall be filed in the district court where the petition for the abuse and neglect could have been brought. (b) A petition to expunge shall be filed on forms promulgated by the district courts and may include any information the petitioner deems relevant. (c) When a petition to expunge is filed, the district court shall require the department to report to the court concerning any additional founded abuse and neglect reports on the petitioner and shall require that the department submit the petitioner's name, birth date, and address to the state police to obtain information about criminal convictions. The court may require the department to provide any additional information that the court believes may aid it in making a determination on the petition. (d) Upon the receipt of the department's report, the court may act on the petition without further hearing or may schedule the matter for hearing at the request of either party. If the court determines that the petitioner does not pose a present threat to the safety of children, the court shall grant the petition and order the department to remove the individual's name from the central registry. Otherwise, the petition shall be dismissed.

V. When an individual's name is added to the central registry, the department shall notify individuals of their right to petition to have their name expunged from the central registry. No petition to expunge shall be brought within one year from the date that the petitioner's name was initially entered on the central registry. If the petition to expunge is denied, no further petition shall be brought more frequently than every 3 years thereafter.

VI. Upon receipt of a written request from another state's child welfare agency or from a private adoption agency that is licensed or certified in another state to check the central registry established under this section for information on a prospective foster or adoptive parent or any other adult living in the home of such a prospective foster or adoptive parent, the department shall conduct the requested check and shall provide the requesting state or private adoption agency with the results of the check along with such additional information from the department's case records as the department deems necessary for the requesting state or private adoption agency to be able to evaluate the results.

Source. 1979, 361:2. 1983, 331:5. 1985, 367:1. 1993, 355:5. 1995, 310:173, 175, eff. Nov. 1, 1995. 2002, 111:1, eff. Jan. 1, 2003. 2007, 325:1, eff. July 16, 2007. 2010, 160:1, eff. June 17, 2010.

Section 169-C:35-a 169-C:35-a Records Management of Abuse and Neglect Reports. –

I. The department shall retain a screened-out report for one year from the date that the report was screened-out, after which time, the department shall delete or destroy all electronic and paper records of the report. In this section, a "screened-out report'' is one which the department has determined does not rise to the level of a credible report of abuse or neglect and is not referred for assessment.

II. The department shall retain an unfounded report for 3 years from the date that the department determined the case to be unfounded, after which time, the department shall delete or destroy all electronic and paper records of the report. [Paragraph III effective until July 1, 2011; see also paragraph III set out below.] III. The department shall retain a founded report for 7 years from the date that the petitionee has exhausted or failed to exercise his or her due process right to appeal the department's determination to found the report, after which time, the department shall delete or destroy all electronic and paper records of the report. [Paragraph III effective July 1, 2011; see also paragraph III set out above.]

III. The department shall retain a founded report for 7 years from the date that the department closes the case, after which time, the department shall delete or destroy all electronic and paper records of the report. [Paragraph IV effective until July 1, 2011; see also paragraph IV set out below.] IV. The provisions of paragraph III, which relate to the destruction of the records of founded reports, shall not apply to cases that remain open with the department in excess of 7 years or to adoption records. Upon the closure of a case which has remained open with the department in excess of 7 years, the department shall delete or destroy all electronic and paper records of the report. [Paragraph IV effective July 1, 2011; see also paragraph IV set out above.]

IV. The provisions of paragraph III, which relate to the destruction of the records of founded reports, shall not apply to foster placement records or to adoption records.

V. Nothing in this section shall prevent the department from retaining generic, non-identifying information which is required for state and federal reporting and management purposes.

Source. 2002, 162:1, eff. Nov. 11, 2002. 2010, 164:1, eff. July 1, 2011.

Parent's double check records to make sure your name is removed or not on this list when the court's make no finding against you. Fill our this form http://www.nh.gov/gal/documents/gal-form06.pdf and/or follow up with a phone call when they do not get back to you within a week to Central Registry 603-271-5192

Any questions call the office of the Ombudsman and demand answers for a review of what they do go here: http://www.dhhs.nh.gov/oos/ombudsman/index.htm

"People think responsibility is hard to bear. It’s not. I think that sometimes it is the absence of responsibility that is harder to bear. You have a great feeling of impotence."   — Henry Kissinger

Wednesday, June 27, 2012

Legal Knowledge is Empowering

Legal Knowledge is Power... recent interview on "Speak Up"
http://youtu.be/h-s2fhC322w





Indicative of a quote by Henry Miller "Chaos is the score upon which reality is written"

Anyone, involved in the legal system understands that it can be daunting and complex; learning & knowing your legal rights will help you gain the confidence to make order out of the chaos.

Tuesday, June 12, 2012

Courts - Ethics - Transparent - Oppression - Results

The American Court system and U.S. Government has serious flaws as seen in reports not being covered, by the main stream media; although, a few are starting to pick up on the fact that Child Protection Services and corrupt Judicial System's, are on the rise in America. This is in part aided by life time appointments for Judges who disregard the law, ignore pro se litigants and even Attorney's but, this latter group is losing creditability daily as well, for its failure to take accountability for the roles the Court dictates it takes. 

Lawless America is covering these abuses and naming names http://lawlessamerica.com/index.php?option=com_mtree&Itemid=100  http://www.lawlessamerica.com/ in a movie taking place across the United States.

The problems are similar to countries like China where transparency is really a veiled threat behind closed doors and confidentiality clauses that only protect the government and the judicial branch.

I support http://www.gopetition.com/petitions/i-support-honesty-in-government-and-the-rights-we-were/sign.html Honesty in Government the rights we were allegedly given in the Bill of Rights and our Constitution. I am signer 892 whats your number ... the world is a smaller and smaller place all the time if America is to remain a leading nation it is going to have to start taking accountability and providing transparency while fixing its interior problems, before it can help anyone else.  Results can only be attained when you stand together against oppressive conditions imposed upon you, by your government.