The baby fell – and then the Plymouth parents' real pain began-Minnesota

http://www.startribune.com/the-baby-fell-and-then-plymouth-parents-real-pain-began/201167751/

Alabama Newborn Baby Kidnapped at Hospital with No Warrant, No Court Order, No Emergency Circumstances

Alabama Newborn Baby Kidnapped at Hospital with No Warrant, No Court Order, No Emergency Circumstances by Medical Kidnap

 https://medicalkidnap.com/2018/03/13/alabama-newborn-baby-kidnapped-at-hospital-with-no-warrant-no-court-order-no-emergency-circumstances/

 

Adoption Incentives

http://www.ejfi.org/family/family-105.htm

PA Victims Need to File a Lawsuit Here. This is what Minnesota is doing.

Here are several links to follow what Minnesota is doing in their lawsuit against the corruption of CYS.  Someone take charge and gather a list of victims here.

https://eraoflight.com/2018/06/11/over-1200-minnesota-parents-are-suing-to-shut-down-child-protective-services/
https://www.sctimes.com/story/news/local/2018/06/11/little-falls-woman-minnesota-child-custody-laws-kids-social-services-kidnapping/679286002/
 http://www.fox9.com/news/lawsuit-targets-child-protection-services-alleging-legal-kidnapping 
TO WIN THIS WAR AGAINST CPS, I NEED YOU TO SEND ME WRITTEN DOCUMENTS TO SHOW THAT CPS LIED OR FABRICATED EVIDENCE TO THE COURT TO AFFECT THE REMOVAL OR RETENTION OF YOUR CHILDREN.

Berks Kids for Cash

The At-Risk-Youth Industry

https://www.theatlantic.com/magazine/archive/2002/12/the-at-risk-youth-industry/302645/

How to Succeed at Your CYS Fair Hearing

https://www.seaverdcflawyer.com/succeed-dcf-fair-hearing/
Click on link for entire story

Succeed at Your DCF Fair Hearing

After DCF supports a decision of child abuse and/or neglect against you, the clock is running. You have thirty (30) days to file an appeal. The DCF supported decision will be mailed out in a letter. Remember to keep the envelope. The envelope can be invaluable.

Sometimes the letter may not be sent out in a timely fashion. According to the United States Postal, 4.9 % of the daily mail get damaged, lost or stolen.

Sometimes the DCF supported letter you receive after your thirty (30) days have elapsed. The envelope with the date stamped is your proof that you received the letter late.

When the letter is NOT received at all can be a more challenging task to overcome. I suggest writing for your DCF entire file to DCF. In the DCF file, there should be a letter mailed to you stating your legal rights to appeal the supported decision. If no such letter is in your file, then DCF did not send out such a required letter. The DCF letter may be lost in the mail but how can you prove this?

I strongly suggest writing an affidavit stating that you never received the letter from DCF indicating that there was a supported decision against you. Since you did not get this letter you were not allowed the legal right to appeal such an adverse decision. You should be given an opportunity to a DCF Fair Hearing.

Sometimes DCF will state a different date on the letter than when they sent it out. This honest mistake can again be corrected by holding onto the envelope from which such a supporting letter was mailed in. If the supporting letter gets sent to the wrong address and takes a much longer time to arrive at its intoned receiver. There are also times when DCF has the wrong address and the letter arrives late or at all. You may have moved, and the letter was not forwarded to your new address.

Finally, you may live with the person who filed the 51 A against you. When the letter comes to your home the other spouse did not tell nor give the “supported” letter to you. This was overcome by showing that the spouse lived in a different address than the supported letter was sent to along with a supporting affidavit. It is very important to keep the envelope for your records to show when DCF mailed the notice out.

Your appeal will be heard by an impartial fair hearing officer. In occurrence with 110 CMR 10.03 “No officer shall hear, or involve themselves in any way, in any matter in which they have, or have had any direct or indirect interest, personal involvement or bias.”

Another fertile ground where mistakes are made in a DCF Fair Hearing is the allowable grounds for appeal pursuant to 110 CMR chapter 10.05. This include(a) the Department’s or provider’s decision or procedural action violated applicable statutory or regulatory requirements, including but not limited to 110 CMR, or the Department’s or Provider’s policies or procedures, and resulted in substantial prejudice to the Appellant; or
(b) if there is no applicable statute, policy, regulation or procedure, the Department or Provider failed to act with a reasonable basis or in a reasonable manner which resulted in substantial prejudice to the Appellant;
(c) for a decision to support a report of abuse or neglect, whether based on the record and giving due weight to the clinical judgments of the Department social workers, there is reasonable cause to believe that a child has been abused or neglected; or
(d) for a decision to list a person on the registry of alleged perpetrators, whether based on the record, there is substantial evidence that the person is responsible for the abuse or neglect. Your Hearing shall be scheduled to be held within 90 calendar days from receipt of a request for a Fair hearing.

The Burden of Proof for a fair hearing is much lower than in Juvenile or Probate & Family court. This means that the evidence that would typically fall under hearsay can be used against you. Child victims shall not be required to testify at a fair hearing unless a compelling reason can be shown as to why the child’s testimony is essential. 110 CMR 10.13 The Hearing officer shall render a written decision. The decisions made during the Fair Hearing process will be confidential. Decisions may be cited and used as precedent but only after removal of identifying information. 110 CMR 10.33.

You have the right to an Attorney, and you should get one. When you fail to plan you have planned to fail. It cannot be overemphasized enough how important preparation for you Fair Hearing can affect a successful result.

8 Tips When a CPS Social Worker is at Your Door

https://www.fightchildprotectiveservices.com/8-tips-when-a-cps-dcfs-social-worker-is-at-your-door/Click on link to read entire article

8 Tips When a CPS/DCFS Social Worker is at Your Door

Below are 8 Tips on how to handle a CPS social worker or police officer at your door who are investigating allegations of child abuse or child neglect.

1) – If you are phoned or contacted in person by a CPS or DCFS Social Worker and told that there is an allegation made against you, inquire with the social worker the exact nature of the complaint against you. Furthermore, request them to give you the actual state statute number or local ordinance code that you have allegedly violated. Write it down. If you are surprised at your door, and don’t have a pen and paper, politely ask their forgiveness while you gather writing material, excuse yourself for “a minute” calmly close, and quietly lock the door (don’t be obvious), and go get something to write on. Return and make precise notes.

2) – Identify the social worker(s) and/or police officer(s)persons at your door. Ask them for their business card(s) and write down their badge numbers. You already have your pen and paper at this point.

3) – If you have advanced notice or suspect that you are being investigated and expect a home visit you might be able to document the front door or in-home conversation with a video camera or audio tape recorder. It is not unlawful to conceal the camera or recorder so that the social worker or police officer is unaware of the taping. Many parents use such devices to protect their children from abuse from baby sitters. This type of recording on your own property is never illegal, no matter what you are told by the social worker or police officer. In California it is illegal to record a telephone call without the consent of all parties to the conversation. Penal Code § 632. That said, if you were to video tape yourself while talking on the phone so that your side of the conversation was recorded that might be useful to remember exactly what you said.

4) – If the CPS / DCFS Social Worker asks to come into your home politely inform them that you’d rather not have them in. If they insist, coerce, or threaten you with some consequence for keeping them out, stand your ground. If they persist ask the social worker or police officer if they have a warrant or court order that gives them the authority to enter your home against your will. If the social worker or police officer insists that they do not need a warrant under the circumstances, tell them again that you will be glad to cooperate and allow them to enter your home if they possess a warrant or court order signed by a judge or magistrate. If a police officer then demands that you step out of the way and insists they are entering your home, it would be advisable to step aside or you might end up arrested. The abuse of authority can be addressed later without you ending up in a jail cell.

When can the police legally enter my home without a warrant? – Under limited circumstances, called “exigent circumstances,” such as “in hot pursuit” and “emergency,” police officers are legally permitted to enter a home without a warrant, but these instances are usually rare. An example of “hot pursuit” and the legal authority to enter a private residence is sometimes seen by millions of people watching a televised police pursuit, as commonly seen here in Southern California, where the person crashes the car and then breaks into a close-by home or apartment. The officers can enter that home without a warrant. An “emergency” would involve the “immediate need” to rescue someone from serious bodily harm. An officer hearing screaming, pleas for help, or gunshots coming from inside a home would perceive an “emergency,” and would be justified in entering the home without a warrant. A social worker investigating allegations of child abuse or neglect –especially from an anonymous tip– would rarely be exempt from the legal requirement to have a warrant.

5) – These same legal rights protect you should an officer of the court such as a CPS/DCFS social worker, or police officer attempt to convince or coerce you to do anything against your will. For example, you should not assume that you HAVE TO drive to and show up at the offices of the county social worker; nor should you be coerced to “bring your children into the CPS or DCFS offices to be interviewed” without being served with a legal court order to do so. Only a judge or magistrate, presented with evidence that you have committed a crime, can issue an order that you are obligated to obey or comply with. Unfortunately, 90% of people will mistakenly comply with such “orders” as they seem “mandatory” – all the while the CPS social workers are building a case against you with your help and your willing cooperation. If such requests are being made of you it might be time to seek legal counsel as it is likely that the social workers are, in fact, building a case against you.

6) – If the CPS social worker or police officer uses force to enter your home against your will, it is in your best interest to NOT RESIST. Even if the forced entry into your home is unwarranted, you should not physically resist the officer of the court. Instead, advise the social worker or police officer that they do not have your permission to enter, and that if they continue entry into your home without your permission, you will pursue legal action against them. If you were clued in that this visit was coming and the forced intrusion were recorded on a video or sound recorder, such evidence would be very helpful for your attorney and very helpful for you and your kids.

7) – Attempt to record all of your telephone conversations with any CPS or DCFS employees. Recording devices for standard phones can be found at Radio Shack. For Smart Phones, there are APPs available to record the calls, you can even place calls using your computer with Skype and use Skype recorders such as found HERE or HERE. In California, it is unlawful to record a telephone conversation without the consent of both parties. Therefore before continuing with the conversation ask the CPS social worker if he or she agrees that you record the call. If they refuse, and you absolutely feel compelled to talk to social workers by phone, you could use your smart phone, tape recorder or video camera to record only your side of the conversation which might be useful for your attorney later on if the social workers actually end up taking your child/children from you.

As for being interviewed by the police, we would strongly advise that you NEVER AGREE TO BE INTERVIEWED BY THE POLICE without a lawyer present, nor speak with any police investigators by phone nor in person if you are being investigated or accused of any crime – no matter how minor they may suggest the crime is. The police have a job requirement to build a case and that’s what you will help them do – no matter how innocent you might be. When the police are investigating you ALWAYS CALL A LAWYER. Period!

8) – Compile a list of emergency telephone numbers that will be readily accessible to you should any confrontation with a CPS / DCFS social worker or police over the raising of your children, the discipline of your children, or any abuse or neglect of your children. In addition to a written list, take a few minutes and program these emergency phone numbers into your cell phone as Speed Dial Numbers. For example: your spouse’s work number, a neighbor who is on your side and would be willing (ahead of time) to come over and witness the interaction of you and the social worker, and a Juvenile Dependency and Criminal Defense lawyer who will be immediately available if your children are forcibly taken from you; if your children are taken from their school without your knowledge, or should you be arrested by the police.

A Broken System: Obstruction of Parental Rights

https://goodmenproject.com/featured-content/broken-system-obstruction-parental-rights-lbkr/

Pre-Determined Outcomes

“When I walk into that courtroom all I think about is my little girl. All they (the court and its players) want to do is to take her away from me. I get sick to my stomach just thinking about the next court date. If it was a fair and unbiased system I would not even be worried. This court is not—the agenda seems pre-determined.” —WILLIAM BRANDEL, ORANGE COUNTY, NEW YORK

Statute of Limitation and Fraud upon the Court

https://www.websleuths.com/forums/threads/statute-of-limitation-and-fraud-upon-the-court.200841/

In the United States, when an officer of the court is found to have fraudulently presented facts to court so that the court is impaired in the impartial performance of its legal task, the act, known as "fraud upon the court", is a crime deemed so severe and fundamentally opposed to the operation of justice that it is not subject to any statute of limitation.

Officers of the court include: lawyers, judges, referees, and those appointed; guardian ad litem, parenting time expeditors, mediators, rule 114 neutrals, evaluators, administrators, special appointees, and any others whose influence are part of the judicial mechanism.

"Fraud upon the court" has been defined by the 7th Circuit Court of Appeals to "embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication".[1]

In Bulloch v. United States,[2] the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted."

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