"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
