Archive for the ‘Uncategorized’ Category
Ohio: CPS Social Worker Fired For Not Following Court Orders
An astute judge, Melba Marsh of the Common Pleas Court in Hamilton County, Ohio, discovered her orders were not being followed by CPS social workers. Last month she wrote a letter to three county commissioners about it. She wanted a child to live with relatives and to have supervised visits with parents, but her orders were ignored for more than four months.
Because of this incident, CPS social worker Angela Harrison was found negligent and fired. She lost a $35,900/yr. job. Her supervisor, Michael Battle, retired from his job which brought him $57,137 annually.
What To Do If Your CPS Social Worker Neglects To Follow Court Orders
In my years of running the Fight CPS website I’ve heard from many people who say their social workers were not following court orders. A common scenario is that a judge orders a list of services – such as counseling, psychological testing, and parenting classes. Many CPS social workers drag their feet in getting these services started. Then, when they go back to court after six months they can say, “The parent has not complied with services.” Though technically it is the caseworker’s fault for not getting services started, the parents are blamed for not having had enough services to earn the right to have their children home again.
If your caseworker is playing this game, be sure to keep good records of all contacts with the CPS social worker, write letters requesting that the services be started immediately, and phone the social worker every couple of days until you get what you need. By keeping good phone records and copies of your letters you may be able to use this documentation in court to show your judge that it is your caseworker’s error, not yours. Remember, good documentation is essential to fighting a CPS case in court.
If need be, you can file an Administrative Hearing Request with your state department of social services, telling them that your CPS social worker isn’t providing services ordered by the judge. You have the right to this “Fair Hearing” process any time you’re dealing with an agency in the USA. If you request a hearing, an Administrative Law Judge from the state offices will go to your county to meet with you and CPS employees to review the case and make a decision about your complaints. I have done this several times as a representative for parents, and found it to be an effective way to get a case back on track when the caseworkers are doing their own thing and making families suffer because of it.
The Importance of Child Protection
According to an article about the Ohio CPS social worker firing, posted at Enquirer.Com, a Hamilton County administrator, Patrick Thompson, said, “It is imperative we send a message that this county will not stand for neglect of duty and that child protection is of the utmost importance to our Job and Family Services Department.”
I too believe child protection is of the utmost importance. And I believe one thing we need to protect our children from is institutional child abuse perpetrated by the child welfare industry. Children forced into a life of suffering in foster homes when they yearn for their parents, grandparents, and siblings; children forced to take drugs to control their tantrums and traumatization brought on by the legal destruction of their families; children forced into mental hospitals because foster care providers can’t handle them; children abused in foster homes; – this is the kind of institutional child abuse that Fight CPS is concerned about.
In most cases, children are better off at home where they are loved and cared about. Leave foster homes for those few children with no relatives who can care for them, who have been severely physically abused. Every other case of family destruction is abusive.
Kingsley v. Kingsley, 623 so. 2d 780 18 fla: district court of appeals, 5th district, 1993-google scholar
OMG! I have found the mother load of all cases. This 1 case will give you all the necessary cases to beat DCF on TPR cases in florida. Other states, possibly because this case list constitutional law and federal law. Although this mother lost her parental rights because of “clear and convincing evidence” of abandonment, our 5th dca gave everyone in florida an opinion so detailed with any case to support your argument against TPR that everyone should send the 5th dca letters of thank you. Anyone dealing with TPR need to read this case and get out the necessary cases they need to fight DCA. Every state should be interested in this case.
Kingsley v. Kingsley, 623 so. 2d 780 18 fla: district court of appeals, 5th district, 1993-google scholar
BREAKING NEWS: Conyers Introduces Legislation to Improve Placement Decisions in Child Foster Care Programs
Conyers Introduces Legislation to Improve Placement Decisions in Child Foster Care Programs
(WASHINGTON) – Today, Representative John Conyers, Jr. (D-Mich.) introduced H.R. 6021, the “Rehab and Ahmed Amer Foster Care Improvement Act of 2012.” The Act will enhance the existing federal policy of encouraging state foster care programs to place children in the care of willing and able relatives. This legislation accomplishes this goal by requiring States that receive federal funding for foster care programs to add certain procedural enhancements to their foster care programs so as to ensure a more fair placement decision-making process. Rep. Conyers released the following statement following the bill’s introduction:
“In 1985, Rehab and Ahmed Amer lost two of their children to Michigan’s foster care system after Rehab had been subject to criminal charges related to the death of her two-year-old son Samier, who died because of head injuries resulting from a fall in a bathtub. Although Rehab had been acquitted in August 1986 of any criminal wrongdoing in connection with Samier’s death, the State refused to return the Amers’ other two children to them and, in fact, removed a third child from the Amers’ custody four months after Rehab’s acquittal.
“As a temporary alternative, Rehab’s brother petitioned to be a foster parent to the Amers’ three children, but was denied his petition even though he had previously served as a foster parent for other children. It is important to note that the Amers are Muslim. Nevertheless, the State, rather than placing the Amers’ children with a foster family of the same faith and cultural background, sent them to live with an evangelical Christian family, which re-named the Amers’ children – Mohamed Ali, Sueheir, and Zinabe – with Christian names and raised them as Christians.
“Today, only the oldest of the Amers’ three living children, Mohamed Ali, now known as Adam, communicates with them. In reaction to the Amers’ story, Michigan enacted what became known as the ‘Amer Law.’ That law requires foster care placement agencies in Michigan to consider and give special preference for relatives when making a foster care placement decision.
“The Amer Law is consistent with federal foster care policy, which also seeks to give preference to a child’s relatives and, for Native American children, a family of the same cultural background as the child, when making placement decisions. The Amer Law, however, has several provisions that go beyond current federal law to ensure due process. In sum, this law gives parents, relatives, guardians, and the child in certain cases additional procedural rights, including the right to written notice and an explanation of a placement decision. In addition, it authorizes judicial review of a placement decision by a foster care agency.
“My legislation simply adds these enhanced due process features of the Amer Law to existing federal foster care law.
“The best interests of the child should always be the overriding consideration when making foster care placement decisions. That standard, however, should also require foster care agencies to give special preference to placing a child with relatives, where the child can be raised in the same culture or religion as his or her own, all other things being equal.
“I thank Rehab and Ahmed Amer for bringing this issue to light and for their tireless efforts to make the foster care placement process fairer for everyone, first in Michigan, and, now, nationally.”
The Rehab and Ahmed Amer Foster Care Improvement Act of 2012 would require that a State, within 90 days after it makes a foster care placement decision, to provide notice of such decision to the following affected parties:
● the child’s parents;
● relatives who have informed the State of their interest in caring for the child;
● the guardian;
● the guardian ad litem of the child;
● the attorney for the child;
● the attorney for each parent of the child;
● the prosecutor involved; and
● the child if he or she is able to express an opinion regarding placement.
Additionally, States must establish procedures that:
● allow any of the parties who receive notice of the State’s placement decision to request, within five days after receipt of the notice, documentation of the reasons for the State’s decision;
● allow the child’s attorney to petition the court involved to review the decision; and
● require the court to commence such review within seven days after receipt of the petition and conduct such review on the record.
How to Sue a Judge
By David C. Grossack, Constitutional Attorney Common Law Copyright © 1994 All Rights Reserved
Has a judge violated your constitutional rights? Have you been discriminated against by being treated differently than other people in similar situations by reason of race, religion, national origin, gender, sexual preference or political opinion? Have you lost certain rights without a meaningful hearing or even an opportunity to be heard?
Have you been deprived of any other constitutional protection? Have you been subject to Court action for the purpose of intimidating you from exercising an opinion, or practicing your faith? Don’t let them get away with it.
Although it is almost impossible to recover monetary damages from a judge (unless you can prove he or she acted ultra-vires beyond his or her legal jurisdiction) it is in fact possible to obtain relief in equity against a judge through civil rights actions. Equitable relief includes:
- declaratory relief – (rulings by another judge in the form of opinions establishing the constitutionality or lack of constitutionality of another judges actions.)
- injunctive relief – a command or order to do something or refrain from doing so.
As a general rule, however, judges cannot be held liable for money damages for acts done in the exercise of his judicial function, within the limits of his jurisdiction, no matter how erroneous, illegal or malicious his acts may be. (48A Corpus Juris Secundum §86) A minority of decisions have held that if an inferior judge acts maliciously or corruptly he may incur liability. Kalb v. Luce, 291 N.W. 841, 234, WISC 509.
Federal Civil Rights statutes, and possibly Bivens actions, appear to offer the best path for redressing constitutional grievances with state and federal judges, respectively, in Federal Court. As a practical matter, such cases will usually be brought by pro se litigants. Neither the politics nor economics of law practice permits lawyers to pursue such cases nor makes them affordable except to a small elite of citizens.
However, lawyers who do successfully sue state judges in federal court in Title 42 U.S. Code § 1983 cases can recover attorney’s fees from judicial defendants provided they can show time sheets kept contemporaneously with their work.
The most important step you have to take in beginning your lawsuit is in writing the complaint that will be conforming to the Federal Rules of Civil Procedure (available in every Government Bookstore or from the Government Printing Office in Washington, DC.)
Properly drafted complaints need not be prepared by a lawyer. All that is required is a very fundamental understanding of a few basic constitutional principles and a typewriter and paper. Handwritten complaints can also be filed in court.
Each federal court publishes its own local rules which can impose some additional requirements, but essentially there are only a handful of things you need to know. 1. Each complaint has a caption reading “United States District Court, District of (name the jurisdiction e.g. Southern New York or Eastern California.) 2. Each complaint includes a caption indicating the name of the plaintiff, and the name of the defendant. The words “individually and in his official capacity” should appear after the name of the defendant judge. The words “Verified Complaint” should appear on the right side of the caption. Your caption should appear like this:
United States District CourtDistrict of (State)Civil Docket No. _______
John Doe,Plaintiffvs. VERIFIED COMPLAINTBobby Roe,individually and in his/her official capacity as Justice of the Superior Court ) of [*****] County,Defendant
A couple of spaces below, you must begin to spell out your reasons for bringing your complaint to Court. Make an outline of your case. First, state your “Jurisdictional Basis” in Paragraph I. I usually write as follows:
I. Plaintiff claims federal jurisdiction pursuant to Article III § 2 which extends the jurisdiction to cases arising under the U.S. Constitution. Next you should write Paragraph II stating the precise Statutory Authority why you brought the case. If you are suing a state judge, you will state:
II. Plaintiff brings this suit pursuant to Title 42 U.S. Code § 1983 for violations of certain protections guaranteed to him by the First, Fifth, Eighth, Ninth and Fourteenth Amendments (select which apply) of the federal Constitution, by the defendant under color of law in his/her capacity as a judge in the Superior Court of (****) County.
If you are suing a federal judge, state:
“Plaintiff brings this action against (name), a federal judicial officer, pursuant to Title 28 U.S. Code § 1331, in claims arising from violations of federal constitutional rights guaranteed in the (fill in) amendments to the U.S. Constitution and redressable pursuant to Bivens v. Six Unknown Narcotics Agents 403 U.S. 388 (1971).”
Be aware that the issue of whether federal judicial officers can in fact be sued under this authority is unresolved, but my opinion is that there is a strong implication in the affirmative based on the language in many cases.
Your complaint should then have a section entitled “Parties”. The next two paragraphs would read:
III. Plaintiff (Your name) is a natural person residing at (Your address), (County), (State).
IV. Defendant is a Judge presiding at (fill in.)
Following this you must now describe your claim in detail, giving legal and factual basis for your case. This portion of the case is entitled “Statement of Case”
What kind of factual pattern would give rise to a successful claim under the federal civil rights law? Title 42 U.S. Code § 1983 reads as follows:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, 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.
The burden of proof is upon the plaintiff to show that the defendant judge acted unconstitutionally or outside of his/her jurisdiction. If the judge engaged in an egregious discrimination against males in a divorce court, minorities in state criminal cases, members of an unpopular religious group in confrontation with government authorities and treated suspiciously in court or members of a “fringe” political group, these situations can give rise to a claim of denial of equal protection under the Fourteenth Amendment.
If a judge permits an ex parte attachment, i.e. seizure of real estate without giving you notice of a hearing in a state court proceeding, this is a deprivation of property without due process, violating the Fifth Amendment as well as the Fourteenth Amendment.
Ex parte restraining orders forcing men or women out of their homes based on abuse allegations in state courts are a primary and rampant example of violations of constitutional rights today, and certainly actionable in federal court.
The first ten amendments of the Bill of Rights are self explanatory. Violations of any of the rights described in these amendments give rise to causes of action, both against state judges under Title 42 U.S.C. § 1983 and arguably against federal judges in Bivens actions.
Pro se litigants should give a clear and concise description of what happened in chronological order, identifying the judge, the date, time, and place of his or her action, and specifying which acts violated which constitutional amendments.
The complaint finishes with a section entitled “Prayer for Relief.” In such a case you can ask for an injunction ordering another judge to so something, or to refrain from doing something. Successful use of these suits has been made to nullify attachments, end incarcerations, declare laws or court practices unconstitutional and scare the heck out of black robed tyrants with gavels. See Pulliam v. Allen, 466 U.S. 522 (1983).
I often phrase my prayers for relief as follows:
Wherefore plaintiff prays this Court issue equitable relief as follows:
1. Issue injunctive relief commanding defendant to . . .
2. Issue declaratory relief as this Court deems appropriate just.
3. Issue other relief as this Court deems appropriate and just.
4. Award plaintiff his costs of litigation.
Your name printedYour addressCity, State, Zip CodeTelephone No.
Statement of Verification
I have read the above complaint and it is correct to the best of my knowledge.
Complaints are filed in the Civil Clerk’s Office in the United States District Court for your district.
Federal rules now allow for service of process by certified mail. You will be required to serve the defendant judge and also your state attorney general if you are suing a state judge.
The pro se road will be easier if you study the Federal Rules of Civil Procedure, obtain a Black’s Law Dictionary and familiarize yourself with legal research methods. You must also read the Local Rules of the Federal Court where you are suing, and learn Constitutional law fast.
Using a lawyer as a coach is helpful. Bear in mind that your lawsuit is disfavored because it is against a judge. Nevertheless, our system of “justice” is in such tough shape that suits against judges are a socio-political necessity.
Complaints should be photocopied, disseminated to the legislature, the media and political action groups.
Perhaps the cumulative impact of these suits will bring a healthy radical change for the American people.
A very IMPORTANT issue has been brought to my attention. For all parents now in family court. This is new found FACT, I am not an attorney, a children and family rights advocate and a parent just like you. With the help of a great friend I will refer to her as Miss AZ. for now as I dont want to put her open case at risk, she has found that the family courts are NOT a court of law, in fact are a COURT OF CONSENT. I will have to agree as to the merits of this to be true to my own research and do believe that a; MOTION TO CHALLENGE JURISDICTION/MOTION TO VOID ORDER or a MOTION TO SET ASIDE JUDGEMENT, would in fact dismiss any open case with CPS/DHS to protect your child/children from abuse, of the contracted state service providers, some foster care providers, cps workers and foster care managers. Do not take my word for this, I am NOT an Attorney. I ve done my research, but I cannot be at your courts to proclaim this, so I will post below keys to help you with your individual case and futher more info requests. please message me and I will respond as soon as possible. Many blessings to all that have helped with Family Rights, Children Rights, Grandparents Rights, together, WE THE PEOPLE CAN MAKE A DIFFERENCE!!!!
Here is the Sworn Declaration I submitted to the court 2 days before the permanency hearing was to have been. No one, not even my atty, knew I was going to do this.
My attorney quit, and the hearing was continued as everyone there was busy reading my statement. The judge had not yet received his copy from the clerk, so glanced through a copy someone had handed him. He kept asking me if I had formal legal training, and if I had help writing it. I told him I took the 1st 5 wks in Paralegal Studies, and that my Family Rights friends online gave me advice, but that YES, I had written it myself. He then had me wait in courtroom while he searched the courthouse for a new attorney for me! The County Atty told me in private that my new atty was very good and used to be a Cty. atty himself! here is the link to my document:https://skydrive.live.com/redir.aspx?cid=baec37948e984fc0&resid=BAEC37948E984FC0%21140&parid=root
Please share with everyone!
Family Law Court discriminates against Men as cargivers You have always been a voice for those who need it, there are millions of families being torn apart by the Family Law Court System.. PLEASE HELP.
I am a father. Not a deadbeat, not a coward, not a man that runs away from being a father, or a deserter of my own flesh and blood.Not a sperm donor or a court appointed ATM, but a Father in the purest form of the word.And while choosy “Moms choose Jif”, I sit, at 3:05 am holding the hot hands of a sick 7 year old princess.But that’s my job. Because I am a father. I would speak to my daughter while she was in utero. She would respond with little kicks and from the womb.. we interacted, and hadn’t even seen each other yet..When you immediately accept that, even before your child takes its first breath, you are already a Father you immediately begin to bond with your child.The Family Law court system as a whole, and it’s Judges destroy the lives of children and inturn entire families by violating a Father’s right to Due process and equal protection under the law..But we’ve known that for decades..Anyone that thinks or believes that there is Due process for fathers in the Family Law Court system should be placed in a padded room and heavily sedated..Why is it ok for Fathers to miss their children? Why is it ok for a Father to be sick and wrapped in worry?Why is it permissible for “Non Custodial” parents to start legal proceedings at an immediate disadvantage?Why is there no legislation in place to safeguard Fathers that are being swept in amid the men that make us all look bad? We are judged before the first hearing.It physically hurts on days I don’t have my daughter with me. “Depression hurts” as the commercial for anti-depressants says right?Ask yourself, what parent wouldn’t be stressed sleepless concerned about their child? Therefore forcing time away from a parent and child would reasonably cause a great deal of stress and worry.. to truly say the least.. But the Family Law Court its Judges, are far from reasonable.Now, just imagine that you’re sitting at your desk at work, and two armed Sheriffs approach the receptionist’s desk, then your intercom buzzes, and you are then summoned to the front desk.The Sheriff asks you for your name, And then politely informs you that you have beenserved with child support papers…and that’s just the beginning..Keep in mind that you are the same father that went through the entire pregnancy, CPR classes, ultrasounds, the Birth, ya know, Dad stuff.. For the record, ( a sidebar really, ) Any man that has stood side by side, each day and night for nine months with a hormonal, morning noon and night vomiting, habitual mood swinger knows that Fathers don’t exactly have it easy during a nine month pregnancy either..Weather you are an amazing Father, or a deadbeat looser, Family Law Court will filter your life through Hell all the same..I am a Father.. With no criminal record, never been arrested, no history of violence, domestic or other.. At what point did I ask to be Non-Custodial.?There is nothing “Non-Custodial” about me.. I have never needed a court order to care for my Daughter.. Since when have I not been a Father? I clinch my fist and grit my teeth while, the very system set in place to protect our familiesNot only fatally fails, but spits in my face and violates my rights.
“There is no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System.” -Judge Brian Lindsay Retired Supreme Court Judge, New York , New York