Privacy Notice

I want to clarify for everone that follows my page or finds me through a search about thier fight with child welfare. I am NOT an attorney. This blog was set up to provide information from experience and or my opinion. After seeing the abuse within children and youth services and small governemnt I wanted to share my insight and personal knowledge of certain events. At no time is the information in this blog to be construed as legal direction.
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UPDATE: Baby Ceasar

Berks County Children and Youth Services REFUSING to Return Baby even though parents have PROVED he has RICKETS!  Please read the whole story.

http://medicalkidnap.com/2015/08/14/medically-kidnapped-baby-in-pennsylvania-diagnosed-with-rickets-cps-keeps-child-anyway/

CYS Forced Psych Evaluations Please listen

https://www.youtube.com/watch?v=N2c_UOIsLMQ

Definitions of Racketeering-Police State-Fraud-Corrupt-Extortion

Racketeering -A racket is a service that is fraudulently offered to solve a problem, such as for a problem that does not actually exist, will not be affected, or would not otherwise exist. Conducting a racket is racketeering. It is in simple terms when an agency like children and youth services proclaims to solve the problems of neglected and abused children when in fact they are the bigger cause of the problem although that fact is concealed to gather further support (and or money)for their cause.  While their threats and claims of protection are protected it is still extortion.

Police State- is a state in which the government exercises firm and cruel controls over the social, economic, and political life of the population. A police state typically exhibits basics of dictatorship or social control, and there is usually little or no distinction between the law and the exercise of political power by officials.  Many are experiencing in the often now ordered GAG orders.  It is also being used to cover up the crimes being committed in our courts.

The people of a police state experience restrictions on their mobility, and on their freedom to express or communicate political or other views, which are subject to police monitoring or enforcement. Political control may be exerted by means of a secret police or intelligence agency force which operates outside the boundaries normally imposed by a state based on justice and integrity.

Fraud is a deception deliberately practiced in order to secure unfair or unlawful gain. As a legal theory, fraud is both a civil wrong (where a fraud victim may sue the fraud perpetrator to avoid the fraud and/or recover financial compensation) and a criminal wrong (where a fraud perpetrator may be prosecuted and imprisoned by governmental authorities). Defrauding people or organizations of money or valuables is the usual purpose of fraud, but it sometimes instead involves obtaining benefits without actually depriving anyone of money or valuables, but can also include withholding information such as child abuse or lying about facts to a judge to obtain a desired outcome. 

The word corrupt  means "utterly broken". Which the system is!!!  Corruption is described as the illegitimate use of public power to benefit a private interest.  Such as confiscating children for profit and job security as social workers, lawyers , judges, GAL's and doctors are doing in child welfare and family courts.  In another description corruption is an action to secretly provide a good or a service to a third party so that he or she can influence certain actions which  benefit the corrupt, a third party, or both in which the corrupt agent has authority.   In other words this same group in child welfare and family courts are offered incentives and job security to illegally kidnap children from loving families and hold them in the "system" for profit.  They are given immunity from prosecution for lying, kidnapping, covering up and deceiving the public so that they may continue their illicit abuses with no penalty but reap financial gains.

Extortion is the crime of obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right. What is Extortion? Most states define extortion as the gaining of property or money by almost any kind of force, or threat of 1) violence, 2) property damage, 3) harm to reputation, or 4) unfavorable government action. While usually viewed as a form of theft/larceny, extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim. Extortion is a felony in all states. Blackmail is a form of extortion in which the threat is to expose embarrassing and damaging information to family, friends, or the public. Inherent in this common form of extortion is the threat to expose the details of someone's private lives to the public unless money is exchanged. Another common extortion crime is offering "protection" to a businessman to keep his business safe from burglary or vandalism. For example, Dan goes to Victor's place of business and demands monthly payment from Victor for the business's "protection" from vandalism and after-hours theft. Fearing that he or his business will suffer harm otherwise, Victor agrees to pay Dan. Extortion can take place over the telephone, via mail, text, email or other computer or wireless communication. If any method of interstate commerce is used in the extortion, it can be a federal crime. - See more at: http://criminal.findlaw.com/criminal-charges/extortion.html#sthash.mJzd51SX.dpuf

Declaration of Facts filings

Name:

Address:

Phone:

Email:

Declaration of Facts

I, ______________________________, state:
(Your Name)

1. I am the mother/father of three children: (Names of kids.)

2. This declaration is being written (state reason for writing the declaration of facts – for example, “in support of a motion to return children to mother” or, “to explain my side of the case to the court”.

3. This is in reference to (Case Name, Case Number, Date Filed and the name of the court.)

4. (Just state facts one at a time… I’ll give some examples.) On June 2, 2002 I let my children go to school as usual and while they were there a CPS employee interviewed them without letting me know first.

5. There were no witnesses to this interview and to my knowledge no recording was made.

6. My children were detained by the CPS employee and I was not notified by the school so by 4:30 when they didn’t come home from school I was worried about them and called the school to find out if they knew anything.

7. At first nobody wanted to tell me where my kids were and the phone was handed to three different people. Finally the principal got on the line and told me that CPS took my three kids because my son, Johnny, had a bruise on his arm and said I did it.

8. The bruise happened because he climbed the apple tree and then got scared and couldn’t get down. I climbed up there and grabbed him and had to lower him down by his arm and that’s how he got bruised.

9. By the time I got off the phone with the principal of the school, it was only a few minutes before five PM so I called CPS but only got a recording and nobody would answer. It was Friday and I couldn’t get through to them all weekend and even went to the office twice but it was closed. That was why I didn’t check on them for two days – not because I didn’t care which is what the worker, Judy Jones, made it sound like in court on Wednesday.

10. I haven’t seen my children in three weeks because they say I’m a danger to them. This is not true. In fact most of what they say about me is not true which is why I’m contesting the charges and asking for a full trial to make them try to prove their untrue statements.

11. The CPS employees I talk to on the phone are extremely rude to me. They are Judy Jones and her supervisor, Mr. Smith. Judy Jones said very sarcastically: “You should never have had kids if you were going to hurt them. People like you make me sick.” This woman, Judy Jones, won’t believe this happened in the apple tree.

12. I am requesting a court order for the return of my children immediately.

[NOTE: This last part should state the exact words used, just change the date and place to match your circumstance.]

Executed January, 1, 2003 Town, State

I declare under penalty of perjury that the foregoing is true and correct.

_________________________________
(Your Name)

Example of Petition to Have Mistakes in CYS Paperwork CORRECTED

[Parent’s Name]
[Street Address]
[City, State Zip Code]
[Phone #]

[Change this next part to match the header information for your court case. You should be able to get this information from other paperwork already filed in your case. Try to make the header match what they have already done.]

[Center the next four lines and type in all caps:]

IN THE [SUPERIOR] COURT OF THE STATE OF [CALIFORNIA]
IN AND FOR THE COUNTY OF [LOS ANGELES]

SITTING IN THE EXERCISE OF ITS JURISDICTION
AS THE JUVENILE COURT

IN THE MATTER OF: JOHNNY DOE, JR (DOB 4-5-1992) JANIE DOE (DOB 2-3-1996) Persons alleged to come within the provision of the Juvenile Court Law. ______________________________

) ) ) ) ) ) ) ) ) )

OBJECTIONS AND CORRECTIONS TO THE REPORT OF THE CHILD WELFARE CASEWORKER (get numbers from YOUR paperwork) Clerk No. [33637, 33637] Detention Date: March 21, 2000 Disposition Date: June 2, 2000 Review Date: December 15, 2001

To the Honorable INSERT JUDGE’S NAME HERE IN CAPS, Judge of the [Superior] Court of the State of [California], in and for the County of [Los Angeles]:

[Double space the rest of the text. Indent paragraphs ten spaces.]

The Honorable Court above-named is hereby advised that the REPORT OF THE CHILD WELFARE CASEWORKER herein, as prepared and typed is ERRONEOUS AND INCORRECT in the following particulars, to wit:

[Here’s where you get to be creative. Go through your caseworker’s court paperwork and find every error, no matter how trivial. Even trivial errors show how incompetent the person is. You will list each error separately with corrections as in the sample. This sample is derived from an actual case I worked on in 1991. The names, dates, and some details were changed. The case I worked on was dismissed after similar paperwork was given to the judge. Remember to double space everything below.]

1. Page One: JOHNNY DOE is not 8 years old. He was 10 as of April 5, 2002.

2. Page One: Mother’s name is ELIZABETH SMITH, not Doe. Address given by caseworker is incorrect.

3. Page Two: COUNT 1: “On or about March 21, 2000, minors were found to be dirty.” Minors were out playing in the yard, climbing trees to get fruit, and doing what most kids do when playing outside, getting dirty. There was nothing abnormal about their being dirty.

4. Page Two: COUNT 2: The caseworker erroneously stated, “Mother has recurrent mental problems that periodically render her unable to care for children.” Mother’s mental problem was temporary due to stress from her husband’s deportation, her father’s death, and the detention of her children by CPS. The problem is not recurrent and does not “periodically render her unable to care for the children” as suggested by the caseworker.

5. Page Three: “November 15, 2000″ court date given by the caseworker is incorrect. The correct date is November 12, 2000.

6. Page Three: The Doe children were not taken after the mother was admitted to Bellview Mental Hospital. A caseworker arrived to detain the children from their grandmother’s house and then advised the mother to allow herself to be admitted to Bellview because she was grieving and upset.

7. Page Three: On March 21, 2000 when Janie and Johnny were detained from their grandmother’s home they were not injured, neglected, or abused in any way.

8. Page Three: Problems with police officer on November 1, 1999 occurred when police arrived to arrest Mr. John Doe, Sr. for deportation and the mother was cuffed and beaten by the arresting officer. This arrest does not affect or reflect on the stability of her current home life with her new husband, Mr. Thomas Smith.

9. Page Three: Mother quit her job on June 20, 2001, not “shortly after her marriage” as stated by the caseworker. The job is no longer needed for support of the family as her new husband is earning enough to support them and is willing to do so. Mother is needed at home to care for the children.

10. Page Three: Date of marriage to Thomas Smith is incorrect. The correct date is November 29, 2000.

11. Page Three: “Mrs.”, not “Ms.” – The caseworker knows that Mrs. Smith is not separated from her husband, but throughout the report she implies that Mr. and Mrs. Smith are not together.

12. Page Three: While her husband was visiting family in Nevada, Mrs. Smith called Dr. Hoar only twice for advice during a two week period, not “frequently” as stated by the caseworker, and those calls were only about Johnny’s behavior, not about both children.

13. Page Three: Mrs. Smith has not only “largely complied” with the Reunification Plan, she has completely complied with all aspects of the plan.

14. Page Three: Mrs. Smith never told Dr. Hoar that she “couldn’t handle Johnny anymore and wanted to give him up,” as stated by the caseworker. What actually happened is that Dr. Hoar tried to talk Mrs. Smith into giving him up and putting him in a mental hospital. Mrs. Smith did not want to do that. During the session Mrs. Smith did not state that she had been upset.

15. Page Four: Janie does not have “sporadic behavior problems” in her home or at school as suggested by the caseworker. At home the mother has never seen indications of such problems and has received no such reports from Headstart. Attached please find “Exhibit A” – a letter from Headstart stating they have not observed or complained of any “sporadic behavior problems” from Janie.

16. Page Four: Johnny’s behavior problems are only occasional and not a “continuous problem” as stated by the caseworker in her report. Attached please find “Exhibit B” – an evaluation of Johnny’s behavior by Dr. Goodman in San Francisco, dated November 3, 2001.

17. Page Four: The improvement in Mrs. Smith’s parenting has been going on for years, not just for the last few months. Attached please find “Exhibit C” and “Exhibit D” – certificates of completion provided by parenting class instructors in January 1997 and November 2000.

18. Page Four: There has been no “substantial, recent regression” due to a separation from Mr. Smith. Mr. and Mrs. Smith are still living together; he simply took a two week vacation to Nevada to visit his sick mother. Therefore this should not be used as a basis for the caseworker’s request for another six months of services at taxpayers’ expense.

19. Page Four: Dr. Hoar wants the case prolonged for another six months because once the case is dismissed the mother will find a different therapist, and Dr. Hoar will no longer be receiving CPS money for seeing her and her children. Therefore, Dr. Hoar’s report should not be considered by the court. Mrs. Smith intends to find another therapist for the children when the case is dismissed as the children do not like seeing Dr. Hoar as therapist, and are even afraid to tell this to him. Under these circumstances, it is unlikely the children will progress adequately in therapy. For these reasons, Mrs. Smith’s request to have Dr. Hoar removed from the case can hardly be called “an indication of poor judgement” as stated by the caseworker. She did so solely for the benefit of the children and with concerned regard for their psychological functioning.

20. Page Four: Recommendation that the minors be readjudged dependents of the Juvenile Court is inappropriate as the family has been functioning well during the last six months that they have been together. The case should be closed at this time.

21. Pages Four and Five: Recommendations 2, 4, and 5 are also inappropriate as the case should be closed.

22. Pages Six and Seven: Service Plan for mother and caseworker is inappropriate as the case should be closed.

Executed 10 December 2001 at Los Angeles, California.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

(Signature) Elizabeth Smith

CYS Does NOT Have Imunnity

Title 18 of PA Crime Codes..........
CYS does not have immunity folks...!
§ 4910. Tampering with or fabricating physical evidence.
A person commits a misdemeanor of the second degree if,
believing that an official proceeding or investigation is
... pending or about to be instituted, he:
(1) alters, destroys, conceals or removes any record,
document or thing with intent to impair its verity or
availability in such proceeding or investigation; or
(2) makes, presents or uses any record, document or
thing knowing it to be false and with intent to mislead a
public servant who is or may be engaged in such proceeding or
investigation.

Educate Yourself When Dealing with CYS

Educate Yourself When Interacting with Children and Youth Services

There are many heartbreaking and hard to believe cases of parents who have had a child or children taken by Children and Youth Services.  This is a big issue in Berks County and in every county in Pennsylvania.  All of the participating judges, social workers, lawyers, guardian ad litems, therapists, doctors, and foster agencies (players) are part of a bigger picture and money wheels that work together to keep them profitable and retain job security.  It begins with the government awarding states and counties money for every child they confiscate (legally kidnap).  It comes by way of Title IV-E funding.  Your tax payer dollars.  This is an uncapped source of funding that is guaranteed and pays to keep all these "players" and administration profitable by showing only a minimal reason, "findings" for removing a child and only a "reasonable effort" to reunification with parents.  It continues with the "players" and their joint efforts in sealing the fate of children and their families.  Many of these "players" are contracted by the county.  That is why you only have a choice of a handful of doctors when forced into expensive evaluations and counseling.  This is why court appointed attorneys are playing their role in helping the county keep your child.  They are paid out of these government funds.  This is guaranteed income and job stability as long as they play their part.  Contracted foster agencies also can receive huge amounts of money for farming our precious children into strangers homes and finding ways to alienate them from family in an effort towards termination of parental rights and eventually adoption.  There is  big money and tax incentives in adoptions.  With the passing of House Resolution 4980 most counties receive  $4000+ per child and even more for special needs and teens.  American Adoptions reported tax incentives can be as high as $13,190 per child.  In some cases the continuation of Medicaid benefits (free healthcare), clothing allowances and money for the adoptive families goes on until the child turns 18 years of age some may even collect until age 21.  Counties have come to rely on this huge source of revenue.  The corruption of this funding is continuing because nobody oversees the courts and or "players" in this twisted destruction of our nations core, the family.

There has been fundamental information collected on this subject by various groups.  There are things parents can do to protect themselves but many parents are not educated on their rights.  From the moment CYS attempt to or actually take a child parents should understand how to stand up for their rights and those of their children.   The parents willing to share information want to help a family going through this process by providing what they have learned.  The following are some of the many pointers families have shared about their experiences.

A young father of three wishes he would have known that CYS cannot legally enter your home without a warrant or court order.  If they have one make sure you see it he shares.  In some cases they may even bring the police to intimidate you.  Without your consent they cannot enter your home.  If they threaten to call police that is also illegal and is coercion, threatening and intimidation tactics.  If CYS lies to the judge to get a court order and you can prove it that is a direct violation of your 4th and 14th Amendment rights, all of which were violated in his case.  If they do take your child from your home or school without your consent it is considered a "seizure" under federal law.  If CYS cannot show that your child is in imminent danger or has no probable cause they cannot enter your home or the school.  They cannot just say they received a call and have the name and phone number of the complainant.  He stated he now has a signed document at the school that nobody can remove or speak to his child without his consent.  CYS can be sued if involved unlawful acts.  If police violate your rights they can be sued as well.

Another parent said if they do take your child start a timeline of all things that occur.  Document, document, document.  Send a copy to your caseworker after each occurrence.  Insist on them telling you the details as to why they have taken your child.  Demand the name of person who filed a complaint or made the phone call.  Always ask for copies of what is in your file.  You have the right to your file.  Information collected may be valuable in a future lawsuit.

A mother of two said her attorney advised her not sign anything without him reviewing it.  You can take any paperwork CYS gives you to an attorney.  Tell your children not to sign anything.  If you are forced to sign something write above your name "under duress."  She also explained why she thinks safety plans are often a TRAP!  They use codes you will not understand and force parents to jump through hoops which may include counseling, parenting classes, drug testing, expensive evaluations etc.  They will make you believe this is to get your children back when in reality they are just depleting you financially, mentally and physically.  CYS has also prolonged many cases to reach the 15 months needed to terminate your parental rights.  She noted in some cases children are given to the abuser in a relationship especially if the other parent is financially better off.  She believes this is because that parent will drain everything they have to get those children back and away from the abuser.

Court appointed attorneys most likely work for CYS not for parents and reunification.  This includes guardian ad litems appointed to children.  They are paid by the same funding distributed to take a child so it is in their best interest to keep the child in the "system."  As one parent continued to explain his 12 year old daughter had never met with her guardian ad litem until the first court hearing.  He felt the guardian ad litem was unprepared and knew very little about their case.  This is in direct violation of 42 Pa.C.S. 6311(b); Pa. Rule of  Juvenile C. P. No. 1154.   His court appointed attorney had never presented what he considered powerful evidence in his case allowing the county to keep his daughter in the "system."

Some attorneys will suggest that if you are approached about having children removed to make an appointment with your doctor and have the children go through a thorough exam so it is on record that they were healthy and wound free. 

All the parents agreed that it is essential to notify a relative or relatives that would be willing to take immediate kinship of the children.  Even though in some cases parents were not permitted to call relatives to get the children forcing them into county custody.

Many parents suggest that they would never go alone to CYS.  Always take a friend or relative with you as a witness.  It is permitted for one other person to be with you at all times.  Do it!!  One mother said she was always polite but assertive when dealing with CYS social workers and employees.  She also recommended if you are treated rudely, harassed or threatened by a caseworker, report them.  Report them to their supervisor, the director, the county commissioners and the Department of Welfare.  Paper trails are crucial if you are being mistreated and anyone is being unlawful.

 One father in our discussion advised that any documents pertaining to your case be read carefully and all mistakes corrected and request a copy once the corrections are made.  More often than not mistakes are made and you can lose a child because the caseworker even though they may know of the mistake will use the information against you to keep a child in custody.  In a recent case errors were made about abuse to a child being committed by the step father when in fact the abuse was inflicted by the biological father.  You are entitled to all documents.  It is your right to get your records and your file.  Keep copies of everything and have a double that you keep off site and safe.  Some of the parents backed their information up on scan disks and gave them to a relative.

Many in the group said they used email as much as possible when communicating with CYS employees so they would have a paper trail.  Some even used an email tracker so they could see that it was received and knew who all was reading it.  Another hint given was that if you mail something to CYS do it certified with signature required. 

One mother said she left all phone calls go to voicemail so she could listen and prepare for a return call or send an email for records.  She would never permit conference calls unless everyone listening identified themselves and she wrote down their names.  She also would not let her caseworker use a cell phones during visits with her and her children.  She added if you do decide to record anything you must make them aware that you are recording.  If they leave messages on your machine or voicemail you can use them because they knew they were being recorded.

Use an attorney that comes recommended by a friend or relative.  One that you can trust. Parents in this group did find ones that were honest and worked for them.  Often these are attorneys who will bill you but all the parents said it was worth whatever it cost them knowing their attorney was working to get their children back home.

One couple suggested that at court proceedings don't allow chamber chat sessions.  Demand everything be in the open and recorded for the record.  Try and have court watchers or other witnesses in the courtroom as well.  They felt having others there, if they are permitted in the courtroom, really helped in their case.  It brought more awareness to all involved.  They also made a point to ask any caseworker testifying to forgive immunity.  This way if they do lie they can be held accountable.  Also if they are lying and the supervisor or director knows of the lies and they allow it they can also be held accountable.  We learned they can all be sued for deprivation of civil rights under 42 U.S.C. 1983.  Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.  There is no immunity, (which caseworkers are automatically granted), if they took actions under malicious intent to cause someone to be deprived of their rights as stated in Title 18 of the PA Crime Codes.  § 4910. Tampering with or fabricating physical evidence.  A person commits a misdemeanor of the second degree if, believing that an official proceeding or investigation is ... pending or about to be instituted, he: (1) alters, destroys, conceals or removes any record, document or thing with intent to impair its verity or availability in such proceeding or investigation; or (2) makes, presents or uses any record, document or thing knowing it to be false and with intent to mislead a public servant who is or may be engaged in such proceeding or investigation. 

Title 18, U.S.C Section 241 Conspiracy of Rights: If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured.  They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

 "We all have the right to have custody and take care of our children", she continued.  If denied there is a good chance that fundamental principles of liberty and justice are being violated.  We are protected by Amendments in the United States Bill of Right which these "players" are denying parents on a daily basis.  These "players" are doing this with no conscience and only to fill their pockets and keep their job.  It seldom has anything to do with protecting the children. 

All the parents felt Berks County needs more attorneys that want to stop this corruption and want to help reunite families.  The "players" will back down to an attorney they know will not play along.  Federal lawsuits have been filed and won in Berks County cases.  There is hope because the right attorney will help you.  Sadly there are few attorneys willing to go up against those involved due to retaliation. 

California has a hero in Attorney Shawn Mcmillan.  He filed a class action lawsuit on April 22, 2015, against Orange County Child Protective Services.  The lawsuit stems from a boy being removed from his mother's home in the middle of the night with no justification and without obtaining a warrant.  It also alleges that the agency does this often and has over the last 5 years involving over 5,000 children.  All counties need a Shawn Mcmillan to stop the corruption in family courts.  Parents and children need protection from the abuse of power that is destroying their families.