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Archive for September 2011

Natural Family Rights Violated: The Henderson’s Plight by VANESSA PRUITT

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Imagine this:
You have an ongoing feud with a neighbor. Your angry neighbor calls and makes false allegations to the police that you abuse your children. 3 times, you prove to DCFS (The Department of Child & Family Services) that your children are fine. Even so, the police respond by gaining unlawful entry to your home, put your children in foster care, and throw you in jail.

It all sounds like a bad dream, doesn’t it? This is exactly what the Henderson family is going through.

Read the rest here:

http://naturalfamilytoday.com/parenting/natural-family-rights-violated-the-hendersons-plight/

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Written by dawneworswick

September 30, 2011 at 11:46 pm

Posted in Uncategorized

The proper boards to complaint too in California and Oklahoma

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Complain to the proper licensing boards. I find I have to write to one board to get the right board for that state. I have three workers under investigation right now for their crimes against children and their families!!!!

Don’t wait, do it now! 

For California the right board is the Board of Behavioral Science. 1625 North Market BLVD st. s-200 Sacramento, Ca 95834

Oklahoma is OCCY 1111 N. Lee Ave. Suite 500 Oklahoma City, OK 73103. ATTN:::: Michael Walsh

These are the correct boards because I wrote to the board of psychology and social work to get the right board. Write your full complaint out. The directors of these two wrong boards were horrified to say the least.

I complain about the specific case I am complaining about with the individual crimes and the individual criminal workers, judges, and DA’s. This shows the scope of the corruption and takes the case out of the department and into he hands of someone who can do some REAL damage!!!! Complaining to the wrong board also shines a light of the problem to people in the field of social work but not with CPS. They are horrified by these complaints and want to find out more to stop these sort of problems which brings more professionals to our side! In order to shine a light on corruption, we must be willing to take ACTION against the criminals involved!

Written by dawneworswick

September 30, 2011 at 11:24 pm

Posted in Uncategorized

Texas Child Wins Protection From CPS!!!!!

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Texas Child Wins Protection From State Child Welfare Agency
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By National Coalition for Child Protection Reform

National Coalition for Child Protection Reform
Last modified: 2011-09-29T18:31:19Z
Published: Thursday, Sep. 29, 2011 – 11:30 am
Copyright 2011 . All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
ALEXANDRIA, Va., Sept. 29, 2011 — /PRNewswire-USNewswire/ — A Texas court is sending an urgent message to child protective services agencies across the country: Stop harming children in the name of “protecting” them, according to a national child advocacy organization.

The National Coalition for Child Protection Reform responded Thursday to a decision by a court in Texas ordering the Texas Child Protective Services agency to stay away from a 14-year-old girl.

Such “orders of protection” are common in domestic violence cases. “But we’ve never heard of such an order protecting a child from a child welfare agency – until now,” said NCCPR Executive Director Richard Wexler.

In the Texas case, according to KHOU-TV, a 14-year-old was taken after allegations of neglect, apparently as a result of a misunderstanding. After 18 months during which she was repeatedly abused in a group home, she couldn’t take it anymore and ran away. According to the family’s lawyer, the caseworker then said something that speaks volumes about whether the child ever needed to be taken:

“The case worker called [her] mom and said she ran away, but you find her, you can keep her,” attorney Julie Ketterman told KHOU.

The mother did find her daughter. Then Ketterman went to court and won the family that order of protection. The court ruled that “[CPS] engaged in conduct constituting family violence and good cause exists for issuance of a protective order…in the best interest of the child.”

“Sadly the only thing unusual about this case is the outcome,” said Wexler. “Tens of thousands of times every year, all across America, children are needlessly taken from everyone they know and love. The emotional trauma is, in itself, devastating. But several studies have found abuse in one-quarter to one-third of foster homes and the record of group homes and institutions is even worse.

“All those cases of children wrongfully removed overload CPS agencies, so workers have less time to find children in real danger who really do need to be taken from their parents.

“We congratulate this family for its courage and we congratulate their lawyer, Ms. Ketterman, for finding an innovative way to protect her client – and send a message across the country,” Wexler said.

SOURCE National Coalition for Child Protection Reform

Read more: http://www.sacbee.com/2011/09/29/3948518/texas-child-wins-protection-from.html#ixzz1ZP2BD9t0

Written by dawneworswick

September 30, 2011 at 3:30 am

Posted in Uncategorized

Ten Things You Must Do if CPS Targets Your Family by Attorney Chris Branson

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I know this has probably been posted before but its always god to have this handy. This is from an attorney in the Houston, TX area who specializes in child and adult welfare case defense. I have this posted right inside my front door and all of my friends who have kids or are expecting kids have a copy of this as well. This is just as good if not better than a Reverse Miranda Card that I have on my phone and wallet.

Ten Things You Must Do if CPS Targets Your Family:

1) Take the accusation seriously. I don’ t care how absurd or unbelievable the caseworker sounds. Understand that SHE is serious, and likely presumes – no, likely KNOWS that you are guilty as accused. Even if she doesn’ t flat out say that she’ s there to take the children, she is quite possibly intent on doing just that.

In testimony to Congress, Chris Klicka, senior counsel for the Home School Legal Defense Association, stated that a case worker with 30 years’ experience once confided in him that “When I started working, we tried to prove the family was innocent. Now we assume they are guilty until they prove they are not.”

2) Ask what the charges are. Most of the time, the caseworker wants to keep you in the dark as to what you have been accused of, but she is now required by federal and state law to tell you details of the accusation at her first contact with you. Don’t settle for the answer of “abuse” or “neglect.” Those are categories, not details. You are entitled to know what specific actions you are accused of committing.

3) Shut up. Shut up now. It is imperative that you not talk to anyone but your attorney. It is natural that innocent parents who have nothing to hide want to explain everything so that a reasonable person can see there’s no problem here. But CPS agents are not reasonable. You are presumed guilty. That caseworker is there to find evidence to support what she already believes to be true – that you abused your child.

If you say nothing to them, you have taken away their greatest weapon, which is their ability to twist your words. Let me give you some examples of what was done to parents who did talk to them:

The husband of a client of mine had been accused of sexually molesting their autistic, non- verbal daughter. The CPS investigator asked the mother if her daughter had exhibited any unusual behavior lately. The only thing she could think of was that a couple of times the month before, the girl had wanted her mother to come lay down with her for a few minutes. Usually, she would just go in and go right to sleep. The investigator stated to the court that the mother admitted her child had become afraid of her own bedroom.

One father I defended told the caseworker that he had disciplined his daughter over a 20 minute period, where he would talk to her about what she had done wrong, swat her a few times, and then talk some more. The investigator stated to the court that the father admitted to beating his child non-stop for 20 minutes.

4) You must find an attorney who has experience in fighting CPS, as soon as you realize your family is being investigated. Notice I said experience in fighting CPS. Many attorneys- if not most – believe their role is to find out what CPS wants and make sure their clients do it. That way often leads to disaster – and the loss of your children.

5) Be polite. Hostility toward the investigator is considered evidence of guilt. Your perfectly natural angry reaction to being accused of harming your child will be used as evidence of an abusive personality.

6) Under no circumstances should you let any government agent in your home unless he or she has a warrant or order issued by a court. Ask to see the warrant or order, because the CPS worker may lie and say she has one when she doesn’t. When she doesn’t have one, politely but firmly tell her that she will have to stay outside until she gets one. If she claims it’s an emergency, make her tell you what it is. Call her bluff – if it were a true emergency, she would be there with armed police officers, forcing her way in. Do not even open the door to let her look at the children.

There is no compromise on this. There is no exception. If you invite a caseworker into your home, you have waived your fourth amendment protection. And if the caseworker is intent on taking your children, SHE WILL FIND SOMETHING IN YOUR HOME TO JUSTIFY IT. THAT IS A GUARANTEE.

Understand that you may be threatened. You may be lied to. She may tell you that the 4th amendment doesn’ t apply to caseworkers. That is a lie. She may tell you that she doesn’ t need a warrant. That is a lie. She may tell you that she’ll return with armed police officers. And she will. But that changes nothing. Even a man with a gun on your porch doesn’t change the fact that she still has no right to enter your home.

Listen to the words of an ex-CPS investigator:

“I wish I could shout from the highest mountain to parents to vigilantly learn their rights! If they knew what their legal rights were there would be significantly lower numbers of child removals. Social workers, unlike policemen making an arrest, are not required to inform the parents of their legal rights. All we had to do to remove a child was to show up at the home and tell the parents we came to remove the kids. Often times we would take a police officer with us (never telling the parents he was there for MY protection, not to enforce an order or warrant). 99% of the time we never had to get a warrant or court order to remove kids because the parents would be so intimidated by the officer that they would just hand their kids over and show up for court the next day. But if they had legally known their parental rights, they could simply have told me that I could not take the children unless I had a court order signed by the judge or had a warrant to remove the kids. … the majority of times parents were just intimidated and gave consent for the whole process to begin; completely unknowing of what rights they just waived.”

If officers do force their way in, do not physically resist. Make your objections clear, but stand aside. There’s no point in getting arrested, or risking injury or death. Your children need you. Demand that you not be separated from your children, and that your children be interrogated only with your attorney present. (This demand will likely be ignored, but demand it anyway. The fact that you did may become important in later court proceedings.)

7) Demand that CPS tape any interrogation of your child. They are required by Texas law to do so. Bring your own recorder in case the CPS agent “loses” her tape.

8) If the accusation is one of physical abuse, have your doctor give your child a thorough physical exam. Ask him to write a letter stating that no bruises, marks, or health concerns were found on the child that would create suspicion of child abuse or neglect. Go to a doctor you trust. Never never never go to a doctor recommended by CPS.

9) Gather names of friends and relatives who are willing and able to care for your children if CPS takes them. If your children must spend time away from you, it’s far better that they do so with people you know and trust than in an abusive foster facility.

10) Never admit guilt, even if CPS has taken your children and offers to give them back if you do. It would be immoral to do so if you truly haven’t done anything, and it may be a quick way to jail and to lose your kids forever. CPS agents are not above lying to you to prove your guilt.

Written by dawneworswick

September 28, 2011 at 5:16 pm

Posted in Uncategorized

File a complaint against a judge in Tennessee.

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http://www.newschannel5.com/story/9365692/how-to-file-a-complaint-against-a-judge

 

 

In Tennessee, judges are regulated by the Court of the Judiciary.

According to the Court’s website, it is composed of 16 members (10 judges, three attorneys and three lay people) who, after investigation and hearings, may recommend removal, suspension, or other discipline of a judge. (The Court’s rules can be found here.)

They enforce the Code of Judicial Conduct, established by the Tennessee Supreme Court.

If you believe that a judge has violated the code, you can file a complaint with the Court of the Judiciary.  Complaint forms are available here in Adobe Acrobat format. You may call or write:

Disciplinary Counsel
Court of the Judiciary
511 Union Street, Suite 600
Nashville, TN 37219-1768

By law, all complaints filed with the Court of the Judiciary are confidential and privileged during the preliminary investigation stage.

Here is more information from the Court’s website:

What is judicial misconduct?

Judicial misconduct generally is “willful misconduct” that is in violation of the Code of Judicial Conduct.   The Code of Judicial Conduct proscribes various rules relating to how a judge should conduct himself or herself in the performance of the duties of office.   Also, any disability, physical or mental, of a judge that substantially interferes with his or her judicial duties may be considered.

What are some things that the Court of the Judiciary may not consider?

The Court of the Judiciary is not an appeals court.   It does not have the authority to change any rulings of a judge.   For example, the Court of the Judiciary may not change rulings relating to domestic relations or child custody matters, change a sentence in a criminal case, or consider whether trial witnesses were believable.   A complaint which generally alleges that the judge was unfair or biased is insufficient. A complaint must specifically set forth exactly what the judge did that you believe was unfair or biased.

What will the Tennessee Court of the Judiciary do with my complaint?

Disciplinary Counsel will review your complaint. Disciplinary Counsel must dismiss the complaint if it does not allege grounds for judicial misconduct, and you as well as the judge will be notified.   Upon your request, any dismissal is subject to review by a three-judge Investigative Panel of the Court of the Judiciary.   If it is not dismissed by Disciplinary Counsel, Disciplinary Counsel will send a copy of your complaint to the judge and ask the judge to respond.   A full investigation can only be authorized by an Investigative Panel of the Court of the Judiciary.   If this occurs, the judge will be required to respond in writing.   The possible actions at that point might include a dismissal, a private reprimand or censure, a public reprimand or censure, a deferred discipline agreement, referral to an appropriate agency, or the filing of formal charges.

If the Investigative Panel directs Disciplinary Counsel to file formal charges, the Hearing Panel will consist of all other members of the Court who were not on the Investigative Panel.   The Hearing Panel can hold a full hearing on the charges.   It is only when formal charges are filed that the matter becomes public.

What kinds of sanctions can be imposed?

If the Hearing Panel of the Court of the Judiciary finds that the charges have been established by clear and convincing evidence, it has the power to impose a wide variety of sanctions ranging from private reprimand all the way to recommending removal from office.

The judge may appeal to the Tennessee Supreme Court.   The decision of the Supreme Court is final in all cases except those concerning removal from office.   Cases involving removal from office must be reviewed by the legislature.   Judges may only be removed upon 2/3 vote of both houses of the legislature.

Does the Court of the Judiciary have jurisdiction to review a judge’s rulings?

No.   The Court of the Judiciary is not an appellate court.   It does not have authority to review, revise or correct the legal or factual validity of any judge’s decision.   Those rulings may be appealed to a higher court and must be pursued through the legal process.

Can I get a judge off my case if I make a complaint against the judge?

No. An allegation of judicial misconduct is not a substitute for recusal procedures.   You should seek the advice of your attorney about the procedure for attempting to remove a judge from your case.

Can I delay my case or an appeal until my complaint for judicial misconduct is concluded?

No.   You must proceed with whatever remedy is available to you within the court system to correct any judicial errors you believe were committed in your case.   Usually you must appeal within 30 days of the date of the decision about which you complain. Your complaint of judicial misconduct is a matter totally separate and independent of your litigation.

How long does it take to resolve a complaint for judicial misconduct?

The Court of the Judiciary meets at the times and places it deems necessary.   Final disposition may take several months, depending on the complexity of the matter.   You will receive written notice of the final disposition at the appropriate time.   The Tennessee Court of the Judiciary has no emergency powers and cannot, under any circumstances, interfere with pending or ongoing litigation.   However, the Court may immediately place a judge on suspension if the judge is charged with a felony.

Does the Court of the Judiciary give legal advice?

No.   The Court is not authorized to give legal advice to citizens or to represent clients.

Specifically, over what positions does the Tennessee Court of the Judiciary have jurisdiction?

All Tennessee judges, to include, but not limited to, appellate, trial, general sessions, probate, juvenile, municipal and any other judge sitting on or presiding over any court created by the general assembly or by the express or implied authority of the general assembly.   It also has jurisdiction over judicial candidates but does not have jurisdiction over federal judges.

Does the Tennessee Court of the Judiciary have jurisdiction over attorneys?

No.   The Court does not have jurisdiction over attorneys.   If you desire to file a complaint against an attorney, please address your complaint to:

Ms. Nancy Jones
Board of Professional Responsibility
1101 Kermit Drive
Nashville, Tennessee 37217

Back to NC5 Investigates: General Sessions Courts
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Written by dawneworswick

September 3, 2011 at 12:01 am

Posted in Uncategorized