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.

Parent Alienation Fault of Berks County Children and Youth Services

Ongoing issues with this agency:

William Brown a devoted father learned very quickly how the interference of BCCYS can destroy a once happy and successful life.  While going through custody issues in Montgomery County his daughters mother decided to move to Berks County.  As with many investigations into BCCYS cases the mother decided using the agency as a tool would help her in alienated William.  Montgomery County already had concerns about Parental Alienation and had court-ordered expert Dr. Brynne Rivlin to evaluate the parents and child.  Brynne Rivlin is author of a highly recognized book "Children Held Hostage: Identifying Brainwashed Children, Presenting a Case and Crafting Solutions."  As a skilled professional in alienation by parents, she found that indeed there were issues in the Brown case and was working to resolve those issues by keeping both parents involved in their 13 year old daughter's life.  Mother refused to meet with Dr. Rivlin and set out to destroy the loving caring relationship her daughter had with her father.

My daughter enjoyed a very active life when with me by attending dance classes which she loved and excelled at.  She had hopes of getting adult dance parts since turning thirteen and also enjoyed assisting a dance instructor with 4-5 year olds.  She had very dear friends and enjoyed doing various activities with them.  She received high scores at school and was a very well rounded child.  She loved her daddy but seemed to be getting more and more frustrated with having to communicate between parents.

In February 2008 all the happiness and joy William had of being a father was completely destroyed when the mother made a false report to Childline accusing him of child abuse.  William received a call from BCCYS supervisor Judy Hoover-Thompson that he would no longer be permitted visits with his daughter due to the abuse allegations.  He was informed that his daughter was now in the custody of BCCYS and her mother.  At the hearing even though William presented evidence through Montgomery County court records and the evaluation by Dr Rivlin the court ruled no contact with his daughter.

I felt like my daughter had been kidjacked.  BCCYS refused to address any of the information presented to them including testimony from teachers and those who know my daughter and I.  Her mother pulled her out of the dance classes she loved so much and I was literally cut out of my child's life having done nothing to deserve the treatment dealt me.  It was the clearest misuse of power I had ever witnessed.  Then as if I wasn't suffering enough emotional pain and stress I was terminated from my job due to the false Childline report made against me.  I was a counselor working with children in the system and knew full well how mentally disturbed and angry they would get when taken from parents and people they loved.  I was so concerned for what my daughter was experiencing due to this inflicted pain by BCCYS. I worked in a clinical profession for 27 years and it still stuns me how I trusted and was fooled by the system to do the right thing for me and my daughter.

While he continued to struggle with finding ways to get reunited with his daughter social worker Nicole Robinson at BCCYS was arranging a court-ordered evaluation with Dr. Richard Small of Spring Psychological and Allison Hill PHD of Berks Psychological.  The evaluation was conducted by Hill but only done with mother and daughter.  William was not asked to participate.  This evaluation was used to back up BCCYS in further alienating him and his daughter.  William never even received a copy of the report until a custody conference which left no time for he or his attorney to examine the report. 

Throughout all court hearings Nicole Robison and solicitor for BCCYS, Jennifer Grimes continued to make false allegations and united with the mother in creating the child abuse accusation.  They joined ranks with the mother in using the child as a vessel and brain washed my daughter into making false statements to support their corrupt actions.  They ignored my civil and amendment rights.  I received no due process and they purposely never investigated all the proof accessible to them in my favor.

 Parental alienation (or Hostile Aggressive Parenting) is a group of behaviors that are damaging to children's mental and emotional well-being, and can interfere with a relationship of a child and either parent. These behaviors most often accompany high conflict marriages, separation or divorce. These behaviors whether verbal or non-verbal, cause a child to be mentally manipulated or bullied into believing a loving parent is the cause of all their problems, and/or the enemy, to be feared, hated, disrespected and/or avoided. 

In March of 2008 full custody was granted to the mother.  Williams daughter is now 21 years old and has been denied years of valuable time with her father.  He has been emotionally tortured and judicially abused.  Once again BCCYS has dismantled a family.  Again the same names of those directly involved in many cases are destroying what were healthy loving relationships.  William did not stop seeking justice for his name and character.  On January 13, 2011 he received an Order of Remand issued by the PA Department of Public Welfare Hearings and Appeals that the evaluation by Dr Hill was tainted due to false information submitted by Nicole Robinson.  That the courts failed to adequately consider testimony from 2 witnesses for William and a new adjudication was issued.  BCCYS never followed up on reopening his case. 

I have come forth with this information in hopes further exposing this abuse and corruption.  I have faced yet another painful Father's Day without my daughter.  Every Christmas, birthday, or significant event in my life I am unable to share with the most precious gift, my daughter.  She was ripped from my life under the direction of social worker, Nicole Robinson who was backed by BCCYS staff, affiliated doctors, judges, lawyers, guardian ad litems and Berks County Family Courts.  I have participated in counseling to try and understand and deal with what I must face day after day without my daughter in my life. I haven't even been able to reach out to her because I do not know where she is.  I remain at the same address where her bedroom has gone untouched.  All her clothing, pictures, and memories of the happiness this house once held when she was here calling me daddy wait for her return.  As agonizing as it has been to relive the horror of the hearings, job loss, accusations against me and loss I am determined to make a difference in reforming and changing the way the family courts and Human Services operate.  Parent Alienation is a serious transgression and is being carried out by the very people employed by our government and the tax dollars they receive to protect families and children.

Tony and Danille BCCYS Kidjacked Their Daughter

Dismantling Our Families For Profit

There has been an outcry all over the nation regarding the corruption in our court system.  Many are experiencing misguided justice in Pennsylvania including here in Berks County.  On May 4, 2015 Cynthia Cruz, a Berks County social worker plead guilty to fraud for stealing $97,000 over a four year period by way of Medicaid Claims.  In February of 2008 the "Kids for Cash" scandal began to explode as two judges, Mark Ciaverella and Michael Conahan from Luzerne County, were caught taking $2.6 million in kickbacks from Robert Mericle, a juvenile facility builder, in return for sending children to his for-profit facilities.  These cases are just a peak into the window of the potential for fraud and misuse of money provided to states and counties in Public Welfare, family courts and Children and Youth Services.  Each state has cash incentives for this process through government funding.  Your tax dollars.   There is no set dollar amount.  If any of the 67 counties do not have enough funds they can access more funds at any time and have the necessary reimbursements made to the state.  Information on Title IV-E and other funding in the United States as well as the chart below can be reviewed through research done by Child Welfare: An Overview of Federal Programs and Their Current Funding:

Title 1V-E Program	FY20 12	FY2013	FY2014	FY20 15
Foster Care	$4,288,000,000	$4,285,540000	$4,279,000,000	$4,289,000,000
Adoption Assistance	$2,495,000,000	$2,368,6805,000	$2,463,000,000	$2,504,000,000
Kinship Guardianship Assistance	$80,000,000	$123,000,000	$124,000,000	$99,000,000

There are also incentives for adoption which are outlined on the American Adoptions site quoting dollar amounts as high as $13,190 per child in tax credits.  There is an open checkbook which is leading to the destruction of Americas core, the family.

These funds are used when Berks County Children and Youth Services (BCCYS)remove a child from their home and file a dependency petition to hold that child in their custody.  Parents Tony and Danielle are experiencing the various ways that monies provided for the protection of children can be distorted.  Instead of helping families this money is dismantling them in a tangled mismanaged system. 

In a minute your life can drastically change.  That is exactly what happened to Tony, Danielle and their daughter, Breanna.  In December of 2013 they were involved in a serious car accident close to their Exeter home.  Danielle suffered a broken neck and was taken to University of PA in Philadelphia.  Tony experienced head trauma with a broken sternum and ribs.  Their daughter, Breanna, who was nine years old had only minor seat belt burns.  A downhill spiral left them with no transportation, the loss of their home, most of their belongings, financial issues and coping with recovery from their injuries.  They temporarily rented a motel room in Douglassville and started searching for a home in the city.  An accident can be tragic for any family but it became a living nightmare in March of 2014 when two Amity police officers appeared at their motel room.  The parents were taken into custody for what the officer told them was for an outstanding parking ticket and a truancy fine.   Tony found it suspicious that Officer Ken Moyer had not only showed up at their motel room for a traffic ticket but had called Nicole Robinson from BCCYS to come to the motel room as well.  It was at this time BCCYS took custody of Breanna without a warrant or a court order.  The caseworker did not let Tony or Danielle  call any family or friends to come and get Breanna.  Danielle, still suffering with a broken neck was shackled and her and Tony were held in jail cells. They were released after 3 hours when there was proof Tony was making payments on the parking fine and the truancy fine had been paid.  When they returned home reality hit.  Their daughter was gone. 

The reason for the removal of their child was not abuse, was not abandonment, was not drugs or criminal activity.  BCCYS documents state the child was removed from her family because she was without proper care or control.  Breanna was completely healthy and unharmed and in no "imminent danger."   Recent school absences were due to the injuries her parents suffered in the accident and the location of where they were residing in Douglassville.  Their car was totaled in the accident and there were no funds to purchase another one.  They were not living in Breanna's school district and there was no bus service or means of transportation for them to use at the time.    

Determined to get their lives back on track and reclaim their daughter they moved into a home in the city so they had access to cabs and busses.  At this point BCCYS had already set up a safety plan listing things they had to do in order to reunite with their child.  These demands included evaluations, drug testing, parent coaching, therapists, and court dates.  Documents show Tony and Danielle have completed what was asked of them but the county has extended the procedures long enough to approach the 15 month time line when they can proceed to terminate the rights of the parents and adopt their child out to a foster family. 

The court date to terminate their parental rights is scheduled for July 7, 2015 at 9:30am.  Tony and Danielle have been through 8 months of forced urine tests at a cost of $20 each all of which were drug free and are still ongoing.  Other parents forced to give samples are given vouchers by the agency but when asked to provide the same to Tony said the agency refused.  They participate in parenting classes and therapy appointments which are all part of the safety plan requirements.  During Tony's testimony at one of the court hearings he said that Juvenile Court Master, Narcy Hughes, told him she didn't want to hear about the accident, which is the root of reason behind their case.

During my investigation I spoke to Amity Officer Ken Moyer about the night Breanna was taken from her parents.  He responded to my questions vaguely and said he did not remember the incident or any of the names involved.  Just 2 hours after my communication with Officer Moyer, caseworker Rachael Drobnick sent Tony an email stating that BCCYS had received a report of physical abuse and that both Tony and Danielle were cited as predators. 

Tony and Danielle swear no abuse of any kind was ever inflicted on their children.  BCCYS has no proof of those claims and the parents feel it is just a tactic to reach the 15 month goal of termination of parental rights.  The parents have reviewed documents that show those accusations involve the step son and his biological father, not Tony.  Tony did ask that the mistakes be corrected but the social worker responded that they were just typos and not to worry about them.  He states that BCCYS decided to up the ante and create false accusations or not clarify the information they have which is promoting the adoption of their child over reunification. 

This can happen to any family once involved with Children and Youth Services.  BCCYS may keep adding accusations and changing the direction of a case which can begin to wear parents down.  Tony says the process takes its toll emotionally, mentally and when possible, financially .  Often parents feel they have nobody to turn too.  They don't trust the lawyers, judges, social workers, therapists or anyone because even though they are doing everything they are asked to do to get their child back they learn they are being overpowered.  The Judge may refuse to listen to testimony from parents and appear to be deciding the case solely on the testimony and paperwork submitted by the social workers and all the court contracted lawyers, therapists and doctors to reach the final goal of dismantling the family.  Social workers are granted immunity allowing them the ability to be less than truthful and not be held accountable for misinformation.  Before parents actually grasp what is happening they learn their parental rights are being terminated and their child is being adopted out.  Few families have been able to stop this abuse of power by BCCYS.  There is no transparency.  Nobody is overseeing this corruption. 

I contacted President Judge Paul Yatron with my concerns and he informed me that he has no control over the actions of BCCYS.  He clarified that the commissioners run the agency and are in charge of complaints.  I left several messages for the commissioners not one of the three in office returned my calls.  I left a message with the district attorney's office and with Berks County detectives no calls were returned as of printing.

I did receive a call from interim Executive Director of BCCYS, Carl Geffken.  I explained my concerns in this case.  There was no court order or warrant when the child was taken.  The child was healthy and not in imminent danger.  There is proof that an acting court appointed attorney in this case took money from the parents.  There is also proof that US mail sent to Breanna was intercepted by the caseworker.  I gave details as to the caseworker entering the parents residence when they were not there and rummaged through their belongings giving their things away and destroying family heirlooms by throwing them in a dumpster.  I also told him of my conversation with Officer Moyer and that within two hours BCCYS informed the parents they received a complaint of abuse against them.  I made it clear that all of my concerns are criminal and the parents deserve justice.  At press time he had still not called me back with his findings. 

The other aspect of this is the child.  She was placed with strangers miles away from her school, friends and family.  All the letters and cards sent by her family and friends were seized by the county worker or the foster family leaving the child to feel abandoned and unloved.  The child was forced into counseling where Tony feels she has been groomed to believe her parents are bad people and have forgotten about her.  She is likely hearing this over and over from a counselor until she believes it.  The parents feel this is mental abuse inflicted by the county and the foster family in their joint efforts to make the child angry toward them and not want to return home.  They feel this group of contracted agencies force parent alienation to strengthen the path to adoption. 

Any child can be taken as long as the county has "findings" for removal and these are very vague as described in the Child Welfare Information Gateway and the PA Code to Child Protective Services .  Tony and Danielle's case began as truancy issues according to documents but the appointed and or contracted judges, lawyers, therapists, doctors and social workers involved in the case have prolonged reunification by keeping the child in placement.  This allows the county to continue to receive funding for her and all the contracted workers on her case to get paid and retain job security.  The more children in the "system" the more money.   

Tony and Danielle feel the courts have not only abused their civil rights but they have more than overstepped in intruding on their parental rights.  They have had two court appointed attorneys, Susan Scullin acting as guardian ad litem for Breanna, and Gregory Ghenn as their attorney.  Documents show Attorney Ghenn asked them for and accepted money from them while he was being paid by the county.  Ghenn returned the money when Tony questioned Ghenn's motives.   Tony states that BCCYS social worker, Rachel Drobnick, is often late to their appointments sometimes as long as 45 minutes.  He says she then has an appalling attitude towards them.  "She has never shown any compassion or interest in seeing to it that we would get our daughter back." At one visit to their home Tony claims she even gloated by calling them bad parents and making it clear they would never get their daughter back.  I spoke to the parent coach Shaundia Tabb and she told me that the paperwork she was given by BCCYS has errors that need to be fixed and she was going to talk to Rachel and have those corrections made.  We discussed how the abuse details did not involve Tony and Danielle but the step son and his bio dad. 

 Tony has paid Alan Zeigler, Esquire to take over their case.  After meeting with him he told them that the county was compiling unpleasant paperwork against them and he wanted an "outside" evaluation.  I spoke to Ziegler and he told me that social worker, Rachael, was also nasty with him when he reached out to her for information.  The lawyer also confirmed that all the letters and cards the parents had sent to Breanna were intercepted by the social worker and he actually saw them in the file and questioned why they were intercepted.  He asked if she had even read them to Breanna.  Rachael told him that she did not read them to the child because of references regarding BCCYS.  He has filed discovery to get copies of those letters and other evidence in the case.  Zeigler has fought battles with BCCYS before and is well aware of how far they will go in some cases.  He has gone outside of the contracted therapists to get the parents a fair evaluation.  The parents have already completed an evaluation with Dr. Small which I have reviewed and there is nothing in the report that would suggest these parents should not have their child.  A Concern therapist,  single handedly decided that Tony and Danielle would no longer be permitted visitation with their daughter because the visits she claims are detrimental to the child.  The money wheel keeps turning.  The clock is ticking. 

Meanwhile, Breanna remains in a foster home in Hereford Township and is being denied visits with her parents.  Tony and Danielle wonder about the county handling the delicate mental care and counseling  of their child.  They are concerned about the longtime scars she may suffer that could have a lifetime effect as she struggles to figure out why she can no longer see her parents and thinking they have stopped trying to get her home.  Tony and Danielle are fighting a stressful battle of their own without their daughter.  They were grief-stricken when they had to miss  Christmas with her.  They also never missed a birthday until this year when Breanna turned 11 years old.  Danielle is devastated that she was denied spending Mother's Day with her daughter and through her tears knows that Breanna was heartbroken as well.

While Tony and Danielle wait for the next hearing date they are facing an uphill fight to get their daughter home where she belongs.  Will Attorney Ziegler be the answer and end this nightmare by stopping BCCYS from giving their child away?  Will Gregory Ghenn be held accountable for taking money from desperate parents who want their child back while also being paid as an appointed attorney.  Will Narcy Hughes have to explain why she would not acknowledge testimony from the parents in her courtroom choosing instead to side with BCCYS when testimony may prove the child should be returned?  Will Nicole Robison and Rachel Drobnick be fired or convicted for their roles in removing the child unlawfully?  For intercepting US Mail?  For destruction of personal property?  For using misguided false accusations to retain her, and holding her hostage in the system?  Will the therapists and doctors involved lose their right to practice because they played a part in conspiring to force adoption of this child with no merit?  Will all the players be found guilty of racketeering which is defined as "a service that is offered to solve a problem that really does not exist?"  Simply put it is when an agency like BCCYS proclaims to solve the problems of neglected and abused children when in fact they are the bigger cause of the problem.  This information is sealed and often gag orders put in place to support their agenda and keep collecting money for the cause.  While their threats and claims of protection are supported by their government shield, Tony and Danielle consider it to be extortion. 

With more and more information being uncovered and shared by the media on the deception within the court system parents like Tony and Danielle are hoping for more transparency and oversight when it comes to children and families.   Nobody is immune or protected from this happening to them and quickly can be facing just how cruel and unforgiving the justice system can be.  They have since realized these agencies have no boundaries.  There are few attorneys who will risk retaliation from their peers by confronting the corruption in government funded child trafficking via children and youth agencies and our court system. 

Update a hearing on the Discovery was held June 22, 2015 and the case folder and cards/letters intercepted illegally by Racheal Drobnick were turned over to Atty Ziegler.  Zeigler refused to turn the folder and cards over to Tony and Danille.  Attorney Konrad Jazyna will be taking over the case.  Racheal Drobnick sent the parents an email that she is scheduling a hearing to have Breanna moved to yet another foster home instead of letting her come home to her parents.

Part II

Being in a car accident can be a traumatizing experience that most of us are able to recover from and move on.  For one Berks County couple that is far from what has happened.  Although they are recovering from their injuries they found themselves in a twisted government web that has caused more damage than the accident did.  Tony and Danielle have been fighting for 15 months to regain custody of their daughter after she was taken without a warrant or court order on March 14, 2014.  

Tony and Danielle feel the courts have not only abused their civil rights but they have more than overstepped in intruding on their parental rights.  They have had two court appointed attorneys, Susan Scullin acting as guardian ad litem for their daughter, and Gregory Ghenn as their attorney.  Documents show Attorney Ghenn asked them for and accepted money from them while he was being paid by the county.  Ghenn returned the money when Tony questioned Ghenn's motives.   Tony states that BCCYS social worker, Rachel Drobnick, is often late to their appointments sometimes as long as 45 minutes.  He says she then has an appalling attitude towards them.  "She has never shown any compassion or interest in seeing to it that we would get our daughter back." At one visit to their home Tony claims she even gloated by calling them bad parents and making it clear they would never get their daughter back. 

 Tony had paid Alan Zeigler, Esquire to take over their case.  After meeting with him he told them that the county was compiling unpleasant paperwork against them and he wanted an "outside" psychological evaluation.  I spoke to Ziegler and he told me that social worker, Rachael, was also nasty with him when he reached out to her for information.  The lawyer also confirmed that all the letters and cards the parents had sent to their daughter were intercepted by the social worker and he actually saw them in the file and questioned why they were intercepted.  He asked if she had even read them to the child.  Rachael told him that she did not read them to the child because of references regarding BCCYS.  He filed discovery to get copies of those letters and other evidence in the case.  That hearing was held June 22nd before Judge Ullman.  Attorney Zeigler was given the requested discovery items but has refused to turn them over to Tony and Danielle.  Zeigler has fought battles with BCCYS before and is well aware of how far they will go in some cases.  He prefers to go outside of the contracted therapists to get the parents a fair evaluation.  Tony and Danielle have already completed an evaluation with Dr. Small which I have reviewed and there is nothing in the report that would suggest these parents should not have their child.  A Concern therapist,  Gwen Albert may have single handedly decided that Tony and Danielle would no longer be permitted visitation with their daughter because the visits she claims are detrimental to the child.  The money wheel keeps turning.  The clock is ticking. 

Meanwhile, their daughter remains in a foster home in Hereford Township and is being denied visits with her parents.  Tony and Danielle wonder about the county's matter of handling the delicate mental care and counseling  of their child.  They are concerned about the longtime scars she may suffer that could have a lifetime effect as she struggles to figure out why she can no longer see her parents and thinking they have stopped trying to get her home.  Tony and Danielle are fighting a stressful battle of their own without their daughter.  They were grief-stricken when they had to miss  Christmas with her.  They also never missed a birthday until this year when Breanna turned 11 years old.  Danielle is devastated that she was denied spending Mother's Day with her daughter and through her tears knows that her daughter was heartbroken as well.  And just last month Tony faced father's day without his daughter by his side.

During the investigation into this case many questions have been raised about accountability.  I have read court documents proving that Attorney Greg Ghenn invoiced Tony and Danielle for $2500.00 while acting as their court appointed attorney and collecting from the county for his services.   On May 7th I spoke to Amity police officer, Ken Moyer, about the night he arrested Tony and Danielle for parking tickets and the phone call he made to social worker, Nicole Robinson, and had her come and take their child into BCCYS custody.  He claims he has no memory of the incident.  Yet he hand cuffed and shackled the parents in front of their daughter and started a nightmare for this family.  Just 3 hours later Judge Keller released Tony and Danielle because the parking tickets were either paid or payments were being made.  Due to the fact that there was no warrant or court order to pick the couple up in the first place the parents feel that the only motive was to take their daughter.

I spoke with Tony and Danielle's court ordered parent coach, Shaundia Tee, of Signature Family Services.   She also backed up Tony and Danielle's claim that there are many mistakes in the BCCYS paperwork they requested to be changed but social worker, Rachel Drobnick refused to make those changes.  As in many cases the social workers use these mistakes to further allegations against parents to keep children in custody.  All my calls to the three Berks County Commissioners went unreturned.  I even reached out to Commissioner Christian Leinbach on his facebook page with questions about illegal activity within BCCYS and he refused to talk to me about it and never used my phone number to reach out and discuss my concerns.  In over 70% of the cases I have worked on the parents involved complained to the commissioners about how they were treated by BCCYS staff and all complaints fell on deaf ears.  I did have a lengthy conversation with Don Vymazal.  He is running for the commissioner seat against Kevin Barnhardt.  It is hard to say how much he knows about the corruption within BCCYS.  I did give him a lengthy description of how families are being ripped apart for no reason.  I explained that the incentive for this keeps going back to the monies the county is receiving from the federal government for wrap around services provided to children in their custody.  I also gave examples of the cases where mail fraud, breaking and entering homes without warrants or court orders, forced sterilization and how newborns are taken from local hospitals by the agency before the mother is even released.   He claims to believe the county is not profiting from trafficking the children into foster care but said he would look into the finances and try and gather more information into how the agency is run.  I have not heard back from him.  At this point  if any change will happen we need new blood in the commissioners seats.  They control the agency and continue knowingly to allow the abuse of power to continue. 

 On May 8th I received a call from the interim executive director of BCCYS, Carl Geffken.  I explained to him my concerns and specific details on the illegal activity taking place within his agency.  He listened, made very few comments mostly to privacy issues and told me he would get back to me.  That call has not been returned.

On July 7th I attended a review hearing with the couple and their new attorney Konrad Jazyna.  Many family members also attended in support of Tony and Danielle and getting their daughter returned.  Tony's sister, who has applied for kinship was also in attendance.  When attorney Jazyna joined us he had the review paperwork which again was riddled with numerous errors.  Because the county is moving their daughter to another foster home her parents want to intercept the move and bring her home.  At this point Jazyna decided the best step was to request a hearing before Judge Ullman. 

So questions remain.  Will Gregory Ghenn be held accountable for taking money from desperate parents who want their child back while also being paid as an appointed attorney.  Will Narcy Hughes, the hearing master have to explain why she would not acknowledge testimony from the parents in her courtroom choosing instead to side with BCCYS when testimony may prove the child should be returned?  Will Nicole Robison and Rachel Drobnick be fired or convicted for their roles in removing the child unlawfully?  For intercepting US Mail?  For destruction of personal property?  For using misguided false accusations to retain the child, and holding her hostage in the system?  Will the therapists and doctors involved lose their right to practice because they played a part in conspiring to force adoption of this child with no merit?  Will all the players be found guilty of racketeering which is defined as "a service that is offered to solve a problem that really does not exist?"  Simply put it is when an agency like BCCYS proclaims to solve the problems of neglected and abused children when in fact they are the bigger cause of the problem.  This information is sealed and often gag orders put in place to support their agenda and keep collecting money for the cause.  While their threats and claims of protection are supported by their government shield, Tony and Danielle consider it to be extortion. 

With more and more information being uncovered and shared by the media on the deception within the court system parents like Tony and Danielle are hoping for more transparency and oversight when it comes to children and families.   Nobody is immune or protected from this happening to them and quickly can be facing just how cruel and unforgiving the justice system can be.  They have since realized these agencies have no boundaries.  There are few attorneys who will risk retaliation from their peers by confronting the corruption in government funded child trafficking via children and youth agencies and our court system.  We need to find ways to help families stay together instead of investing millions of dollars to keep them apart.

Part III

Not really sure what to make of an Attorney who is hired and paid to defend parents caught in the web of lies and corruption at CYS who bails out??  Was he threatened with retaliation?  Was he never going to help them from day one?  More often than not the CYS agency will threaten disbarrment if an attorney does not back off.  Now said atty wants to return money to client and run the other way?  Hearing has been canceled.  Drobnick has sent out papers for parents to sign if they want contact with their daughter when she is adopted.  That's like signing a paper saying your ok with these monsters giving your child away.  Drobnick has made so many claims regarding the reason that their daughter was taken yet documents clearly state trauncy.  No reason for adoption right?  Think again.  The devious devils in social services scam, lie, change documents, make up false abuse claims....whatever they need to do to keep your child.  Last hearing Drobnick went back 10 years to find something on Tony.  Really??  10 years??  These people are borderline psycotic in their behavior and determination to hoard children.  Time for the BIG GUN attorneys to step up.  Look out CYS we are coming...

Berks County Children and Youth again Abusing Families

Please read the following story where once again Berks County Children and Youth Services seperated a parent and child.  Cesar needs to be reunited with family not in foster care where he is at risk of not receiving the proper treatment.  Time is crucial in getting this child back home.  Once again funds from taxpayer dollars being used to abuse power.  Money could be spent on supplying a nurse and keeping this child with his MOM!  Caseworker Adrian Peeples  Court Appointed Attorney David Maynard and Attorney Mark Freeman who has already won a case against this same Hershey doctor will be handling the case.

Jessica and Ceasars Story

Pennsylvania mother Jessica Battiato is frustrated with a doctor and a system that refuses to look for the medical cause of her baby’s condition, instead placing the blame on the parents. Since her son Cesar, now 5 months old, was taken by child protective services 2 months ago, her son has been diagnosed with rickets and hypotonia by a radiology expert. However, CPS seized custody of Cesar in April, based on accusations by Penn State child abuse specialist, Dr. Kathryn Crowell, that Cesar’s injuries could only be caused by abuse.                                               

 Dr. Crowell has been accused of falsely testifying against parents before. In a 2009 case she accused a parent of child abuse which led to a father spending over a year in jail. A jury later found him not guilty.                     

Jessica wants answers for her baby, and she wants her baby back home, not in a foster home.                                

“My son needs medical attention. He doesn’t need to be neglected by the state. They are delaying him in his care.”  Continue reading :
http://medicalkidnap.com/2015/06/26/medical-kidnapping-in-pennsylvania-parents-of-baby-with-rickets-accused-of-abuse/

https://www.change.org/p/reuniteandfight4cesar-revoke-the-liscense-of-dr-kathryn-crowell?just_created=true

20/20 did a story about the EDS III http://abcnews.go.com/Health/maine-mom-hopes-diagnosis-rare-syndrome-exonerate-dad/story?id=29026735

More info: http://www.ednf.org/hypermobility-type

CONTINUED STORY