Tuesday, May 16, 2017

Declaration of Facts (example)

Michelle M Frost
A8 Mansfield Village Mansfield, Pa 16933
(570) 337- 8903

I, Michelle M Frost, am the mother of three children, Christopher Dale Frost, Aidan Roy Michael Frost, and Thomas Felix Eugene Shedden.
This declaration is being written in support of a motion to return children to mother.
Fact 1:   On March 12, 2012 without my knowledge and without proper 24 hour notice as per § 3490.17. I wasn’t contacted within the time frame of this law.  No Family Service Plan was gone over with me in a timely manner or any other of the regulations in laws that agencies and Caseworkers must abide by.  My children’s rights in Foster care have also been breached by Case worker Cyndy Burrows, and supervisor Jenny Farrer.
Fact 2:       When my children were removed, there was not a warrant issued for their release from my care.
Fact 3:  The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Fact 4:  No power of suspending laws shall be exercised unless by the Legislature or by its authority.  Tioga County Human Services has broken and been the cause of abuse on my children, as well as isolating them from loved ones.
Fact 5:  My children have expressed many times they want Mommy.  On March 21, 2013 my son Aidan had a meltdown in school because he wanted to go home with me.  The teachers and staff at Pre K Counts saw and heard the conversation.  Cyndy Burrows also witnessed Aidan hugging my arm as we were walking to the Registration for Kindergarten.
Fact 6:  Had I not initially set up an appointment with Aidan’s GAL, told her of my concerns.  He would still be in his Father’s custody where abuse was happening by his Father, while being supervised by Tioga County CYS.  Aidan has disclosed that he had a “bad” touch by his biological father.  A placement Tioga CYS placed him in (Found on Page 3 underneath 9/12/12 of the family plan).
Fact 7:   Christopher’s acting out is in defiance to the system that has him placed.  He wants to come home.  He is angry at me because Tioga County CYS has blamed me for not continuing with the Act 80 Day visits that were set up to help me get used to having my children again. The CYS is the reason for stopping visits, yet in a child’s mind, Chris understands his mom cannot fix the situation this system has placed him in.  The reason for this is because I pinky swore to my son that we would play his video game together (Top of Page 3 of Family Plan). Tioga County CYS is documenting we keep secrets. Their involvement has confused my children and put a huge stress on them.
Fact 8:  I have been working with Tyler Binelli on relationship issues which constituted the removal of my children. I am working diligently on resolving those issues, with Tyler.  My therapist and I are happy with the progress we have made.
Fact 9:  I have also been looking attentively for another job which would constitute me being home with the children at night and in the mornings to get them off to school.  I have been offered a position at the Liberty Exxon in a couple of months.  I would work from 3 am to 11 am or 8 a.m. to 3p.m. the person that I would have watched my children while I am gone would be Kathryn King.  She is the daughter of my son Christopher’s Cub Scout leader. 
Fact 10:  Aidan’s behaviors in the sexual nature was never displayed at home, these said behaviors has started since being placed in foster care and with his father.
Fact 11:  All of my children’s anger and aggression issues have stemmed from being in foster care.  Not from being at home with me. My children show classic signs of wanting to be home. CYS is blaming children’s acting out behavior on my visits with them.  My children also display classic signs of Post Traumatic Stress Disorder, which was not present prior to CYS taking custody.  It is paramount that my children return to my care.
Fact 12:  Tioga County CYS caseworker Amanda Edner told my mother to tell my children that they would only be gone for three days.  In which case they would be given back to my parents Duane and Lena Frost in Kinship Care, like that of  Eric and Anne McNeal have now.  This happened on March 12, 2012 when the children were removed.  CYS lied to my parents and to my children, as well as the records that they document without true understanding of the situations.
Fact 13:  CYS has in the family plan unrealistic goals and inconsistencies. Such as
1.)    I have met all the original goals of the Family Service Plan, yet no attempt to return the children home has been honored by CYS.  This plan is like a contract, in which I did not breach, but CYS has broken.  CYS has indicated that I knew about abuses placed on my child (Chris) by Thomas’s father, yet this is a lie.  We made aware to the CYS when we had found out about this.  CYS lied and placed me as the perpetrator in this situation.  I have got my own place and have focused closely at attempting to be involved in my children as much as CYS has allowed me.  There is no legit threat to my children to be returned home that meets any standards of abuse or neglect, yet there has been recorded and documented abuse by system placements.
2.)    Working on Parenting skills and discipline.  How am I to work on these issues if children are not returned home?  Anyone who has ever seen me with my children, know I am an appropriate and caring mother.  My children were all happy and healthy prior to CYS taking custody.
3.)    I have been continuing with my counseling, my therapist and I agree that once a month is feasible for me.   My therapist believes that once a month is a regular basis for our sessions.  CYS however has been harassing my therapist to make our sessions more frequent, and even as far as trying to conduct what we work on.
4.)    CYS has recorded Christopher is fearful of home, yet Christopher is not fearful of me or my home.   He demonstrated this on May 19, 2013, when he ran away from his Kinship Care Foster home.  He was told he was not wanted by Anne McNeal. 
5.)    I cannot ensure that Christopher turns in his folder in a timely basis to school, since I do not have custody or overnight visits (Family Service Plan Page 20, 6th indication).
6.)    I have contacted Haven to attend an abuse work groups.  I left them information to contact me once the meetings were set up.   I was never contacted back as to when they would start (Family Service Plan Page 21 in Comments).  I have learned and have not dated men who would put me or my children in danger.  My goal is in putting my children back together with me and meeting their needs to heal from what they have been through.
7.)    I do have supports that I can use.  Such as Kathryn King, my sister Teresa Frost-Seeley,  my brother in law Patrick Seeley, my Aunt Mary, my cousin Melissa Polonia, my cousin’s Jennifer and Kevin Thomas(Gluszczak), Aidan’s Aunt Bobbie Sue Schweit. I also have my friends Candace Jones, and my friend Amy Sue Hurst.  That was just a few that I can name I have a lot of people I can name, that would and have been there for me (Family Service Plan Top of Page 3).
8.)    I have been participating in STEPS, according to the FSP there is no date as to when this service was started.  It was closed when my children were removed from my care on March 12, 2012(FSP, page 19 4th, and 9th indications).  No contact week of May 20, after calling and leaving messages with worker Cheryl Davis.  I have been meeting with Cheryl since April of 2012.  STEPS, was not reopened in any Family Service Plan since the removal of children from parental care on March 12, 2012.
9.)    ICM/TLFR was also closed on March 12, 2012 but was never reopened according to the FSP (FSP, page 19 Fourth, and 10th indications).  Since pointing these out to ICM/TLFR no contact with me has happened.  I have been meeting with ICM/TLFR since May of 2012.
The affects of CYS having custody of my children has affected their emotional, physical, and medical needs being neglected.
1.       Blames mother for the involvement of CYS, and situation of placements that have isolated him from mother and loved ones.
2.      Raised with his cousin’s, CYS has not permitted contact, even though Chris specified to his caseworker that he wants to see his cousins. The caseworker promised Chris to visit his cousins. All visitors have to be pre approved, and the caseworker has yet to arrange visits with his cousins.
3.      CYS has not kept promises in which he will be returned home.
4.      As a result Chris has blamed trusted mother with situations caused by CYS. One of the foster homes he has been placed,  he was not treated well and isolated while everyone else ate dinner. They took his belongings and when he searched for them they accused him of stealing from them.
5.      My child no longer shows empathy towards others as a result of placement with CYS.
6.      When told by me that he had to start behaving for our visits on April 24, 2013.  Chris subsequently behaved.
7.      It has been testified in court that my child is a people pleaser.  Therefore my child is easily manipulated by other children and CYS workers.
8.      Since being in my cousins’ care he was allowed to play with sticks, he subsequently cut his face while playing with the sticks. I never allowed my children to play with sticks because they can be dangerous, and fear of them getting hurt; thank goodness it was not his eye.
9.      Ran away from Foster home on May 19, 2013.  Was found walking in the middle of the road barefoot or a coat.  When asked where he was going to Mommy’s was his reply, because Mommy wants us, and loves us.  Chris was under the assumption that he would be seeing me later that week.  It was not explained to Chris that he would not be sing me for 30 days as per the court order.
1.       CYS placed my child with his father, who had no interest in his life until they removed my children from my care. I had to go to the GAL to demand she checked on my son, my parents also got their lawyer involved because of the concern of physical abuse we had in his father’s care.  As a result of this placement and the GAL’s reports my child was removed from his care.  I persisted and begged CYS workers to find out why he was arriving to my visits with several abuse marks all over his face.  As a result of his placement with father.
2.      Allegedly inappropriately touched by father.
3.      Physical standards of father’s home, child’s clothing and shoes had been urinated on.
4.      Physically abused and grabbed by father, a placement CYS arranged and was to be supervising.  Facial injuries at every visit with me. 
5.      Aidan’s behaviors changed and he withdrew into self; this is a classic sign of physical and emotional abuse.
6.      CYS did not meet medical, physical, or emotional needs for Aidan.
7.      With foster parents Aidan was not properly supervised for a child of his age at a football game.  I did not have custody and I followed him when he was out of eye sight of foster parents, and returned him back to foster parents.   My involvement, as little as I have been allowed, has proven more appropriate than CYS custody.
8.      He has development delays since in CYS care. The only development delay he had at home was his speech because of his ears, tonsils, and adenoids.  I arranged BLAST to help with speech delays and I took him to an ENT Dr. to have him checked.  The ENT decided that he needed surgery to fix the issues.
9.       When Cyndy Burrows contacted me on April 30th she told me Aidan had a bad tooth and the earliest they could get him in was May 1st at 3:00 the time of our visit (3:15 PM). She asked me what I think. I told her to get him to the Dr. and asked if I should cancel my visit to go with him. She replied that was up to me, he may just be late to the visit. I warned the caseworker that Aidan is very sensitive to anesthesia because at an ER visit in my care he ended up being unconscious for 5 hours when he was only supposed to be unconscious for 45 minutes. 
1.      CYS is stressing the bond and connection with all family members.  In the original family service plan the caseworker was responsible to keep the bond between parent and child.
2.      Thomas’s development and growth was normal until placement with CYS, as told by Dr.’s and WIC offices. 
3.      It was found by WIC that Thomas is iron deficient since placement.  His iron level was in the range that the WIC office wants it to be while in my custody.  Neglect has occurred while being in CYS custody.
4.      Thomas’s health has also deteriorated since being in custody of CYS. He has been constantly sick under their supervision; I am very concerned about this.
5.      In CYS custody I found out there was inadequate supervision.  I was told the foster parents they would leave my child unattended in his room.
6.      To quote my son “I want my Mom”.
7.      My parents were contacted by CVS in Mansfield because Thomas had a prescription waiting for him to be picked up.  Anne McNeal did not pick up the medicine until after my father was called and he left a message on their answering machine.
I am requesting a court order for the return of my children immediately.
Executed October 24, 2013 Wellsboro, PA
I declare under penalty of perjury that the foregoing is true and correct to my knowledge.


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