By Trish Mehaffey, Reporter
Story Created: Jan 5, 2010 at 9:33 PM CDT
Story Updated: Jan 5, 2010 at 9:33 PM CDT
Nino took the 5-year-old girl for a weekend visit in November and instead of returning her to Wilbur, he kept her and filed a false sexual abuse complaint against Wilbur with the department, according to petition filed Nov. 13. Nino then signed a voluntary foster care placement agreement with DHS and the child entered foster care for two weeks.
The sexual abuse allegation was false and no child abuse investigation was filed by DHS, but the department refused to return the child until after the article about the case ran in The Gazette, Natalie Cronk, Wilbur’s attorney, said.
Cronk said DHS contacted Wilbur at that point and said her child would be returned if she signed a plan to assure the child’s safety. The plan had nothing to do with the initial allegations.
Cronk then went with Wilbur to the foster care home of Nino’s sister, who wasn’t a qualified foster parent, to take the child home after DHS couldn’t produce an order granting authority to restrain or withhold the child from her mother.
The Johnson County DHS office has retaliated against Wilbur after she took her daughter home by proceeding with a baseless investigation and has threatened additional action, the lawsuit contends.
Roger Munns, DHS spokesman, said Tuesday after reading the lawsuit that he had to consult with department officials and didn’t think he could comment.
The suit asks the court to declare the DHS policy of taking children away from their parents by obtaining signatures on voluntary foster care placement from parents with no custodial rights as a violation of Iowa law and constitutional principles.
It also asks for punitive damages against LaFauce.
www.fightcps.com has got some of the most comprehensive information you can find anywhere! Check this site out because it is fabulous and has so much information to help you win your kids back from CPS and cruel and unusual corrupted family court judges. False hearsay is a CRIME! We must stand up for our rights as parents! Here is an excerp of fightcps.com:
If you don’t agree with how a CPS caseworker handles your case and can’t get a helpful response from that person’s supervisor, you might get results by filing for a state administrative hearing.
Why file for an administrative hearing?
Is your CPS caseworker following the state regulations for child protective services caseworkers? Have YOU read those regulations?
If you haven’t read the CPS regulations for your state, start there. See your local county law librarian if you need help finding the regulations. Make a note of every regulation that is being violated in your case. Start a list of issues that could be brought up during an administrative hearing that will decide whether your CPS case is being handled right.
2. Court Orders
Have you been to court? If so, you probably have a court order signed by a judge. Do you know what it says? Everything on that list of things you must do to regain custody of your child NEEDS to be done. That’s the service plan and in order to get your kids back, you MUST do everything in your power to complete the plan before the next court hearing.
There are two things CPS caseworkers might do to mess that up for you.
(a) They may take their time about making referrals for you to get their “services”. For example, your court order may say you must complete counseling. But your CPS caseworker won’t even tell you the name of a counselor you must see. Sometimes caseworkers delay service referrals then go back to court saying you haven’t had enough of their services. Even though they are to blame for you not getting the referrals, the judge will probably agree with them.
(b) Another thing they might do is to refer you to services that aren’t court ordered. For example, you might have a CPS caseworker forcing drug tests on you when they are not a part of the court-ordered service plan.
3. The Children
Do you have a court order that allows freer visitation than your CPS caseworker will permit? Review your court order to see exactly what it says. For example, a court order might not require visitation to be supervised, but the CPS caseworker insists that it should be. In this scenario the CPS caseworker is violating the court order.
Are you worried about injuries on your children in foster care, but find that the CPS caseworkers aren’t willing to move them to a safer environment?
If you feel your CPS caseworker is violating regulations, or trying to delay court ordered services, or referring you to services that are not court ordered, or in any way violating the court order in regards to visitation or any other issue, you may have just cause for filing for an administrative hearing.
How to file
EVERY UNITED STATES AGENCY HAS AN ADMINISTRATIVE HEARING PROCESS FOR AGGRIEVED CLIENTS. THIS INCLUDES CPS AGENCIES. If you run into bureaucrats that say there’s no internal review process like this, they’re wrong, and you’re talking to the wrong person.
Don’t bother asking your CPS caseworker about whether or not you can file for a hearing. Many CPS caseworkers may not know about administrative hearings. Maybe they’ve never had a client file for one. In any case, you don’t need to consult your adversary to file for an administrative hearing. (Also called a state hearing.)
You can use the telephone to contact the hearings department of your state department of human services to file a request for a hearing.
Another thing you can do is go to the front desk of the welfare office. Ask them for a hearing request form, and use it to file for a CPS administrative hearing. Welfare departments are part of social services, and they are used to getting hearing requests.
Be sure to keep a photocopy of your hearing request form.
What this does for you
When you request an administrative hearing, an employee of the state department of human services known as an Administrative Law Judge (ALJ) will review your case. This means that injustices being done to you and your children on the county level will become known to the state department of human services, and all employee decisions will have to be reviewed.
This is likely to frighten and upset your social services caseworker and the caseworker’s supervisor. Is that what you want? Think that over; maybe you do and maybe you don’t.
The CPS caseworker will be called into a hearings room to meet with you and the ALJ. Most likely social services legal staff will have a position paper ready to give to you and the ALJ representing their side of the controversy. They might even have their lawyer there.
BE PREPARED with your own set of legal documents representing and proving your side of the case.
When you go to an administrative hearing you can appoint someone else to represent you. That other person could be an activist, an advocate, a lawyer, or anyone you feel is most competent. Or you can represent yourself.
Look through your state’s social services administrative hearing laws or regulations. You have a right to request that these laws or regulations be sent to you in preparation for your hearing. Or, go to your local county law library for help finding them.
Will your hearing help you?
Most hearings I’ve attended either to represent myself or another person involved with CPS did not have what I would consider a most positive outcome. Many of our requests were denied, but some were granted. Whether denied or granted, these issues were brought to the attention of the state and the CPS caseworkers had to have their actions reviewed.
I believe that many requests weren’t granted because the ALJ didn’t want to agree in a way that would give us grounds to sue the state. This is an INTERNAL agency hearing and you can expect some CYA (cover your a$$) type decisions.
Usually after the hearings, circumstances in the cases changed. This may have been because our hearing requests notified the CPS caseworkers that we were going to fight for our rights, not lay down and get walked on.
Before you file for an administrative hearing, think about whether or not this could have an adverse effect on your case. You don’t want to file just because you’re angry with the system. If you have a genuine issue with the way your CPS case is handled, and the local social services personnel won’t change their erroneous course of action, then the state administrative hearing might be a way to force action and state oversight of a CPS case.
One thing your hearing isn’t likely to do is to force your CPS caseworker to give your child back to you right away. This is not the same as going to a juvenile courtroom and getting a judge there to agree to have your child sent home. The state administrative hearing is only a review to see if a CPS caseworker is going by social services rules to handle your case fairly. Administrative Law Judges can and do force CPS caseworkers to handle cases differently.
If for any reason your requests are not granted, do not be disappointed, but forge ahead by doing everything on your court-ordered service plan and by preparing a home to bring your children back to.
The state administrative hearing does not affect your juvenile court hearing, which is where a judge can decide to send your children home. The state administrative hearing is an internal state review of an agency’s work whereas the juvenile courtroom is an external review hearing presided over by county judges.
Google: “administrative hearing social services california” (replace with your state’s name.)
Also: “administrative hearing form social services california” (replace with your state’s name.)
For more information, see this posting in our forum: Types of Hearings – [you must be registered for the forum to see the postings there]
Written by Linda Martin for Fight CPS.
WE THE PEOPLE WANT JUSTICE FOR FAMILIES AND CHILDREN –
PETITION FOR REFORM WITHIN THE UNITED STATES’ DEPARTMENT OF HUMAN SERVICES AND THE COURT SYSTEMS
THE UNDERSIGNED HEREBY PETITION THE UNITED STATES GOVERNMENT TO INVESTIGATE AND REFORM CHILD PROTECTIVE SERVICES IN THE UNITED STATES,
DUE TO EXCESSIVE AND GROSS VIOLATIONS OF FEDERAL AND STATE MANDATES, FEDERAL, STATE STATUES; COMMON AND CONSITIUTIONAL LAW, REMOVAL OF CHILDREN FROM GOOD PARENTS.
WE CONTEND THAT THERE IS NO OVERSIGHT IN THESE MATTERS AND COMPLAINTS FALL ON DEAF EARS WITH NO RECOURSE FOR THE FAMILIES TO GET FAIR AND EQUAL TREATMENT IN THE JUDICIAL SYSTEM.
ALL POWER AND AUTHORITY REST WITH THE CHILD PROTECTIVE SERVICE AS THE JUDGES SIDE WITH THEM IN ALMOST ALL CASES.
CPS Agents are Legally Abducting Children based upon lies and Heresay rather than Facts or Evidence in order to gain Financially through ASFA.
ASFA is The Adoption and Safe Families Act (ASFA, Public Law 105-89) that was signed into law by President Bill Clinton on Nov. 19, 1997. This Law enables state agencies to use unethical practices to obtain children for Federal funds by falsifying reports and working in collusion with judges, physicians, attorneys, psychologists, psychiatrists, therapists, and other equally unethical contracted workers. Once These Workers have Ripped Apart your Family, you will find that The ASFA includes provisions to deny reunification services under specified conditions and gives states latitude to develop any number of additional aggravated circumstances in which parents need not be offered services.
Legislators have developed a relatively large number of conditions enabling agencies to bypass reunification services, and thus effectively Speed up the Human Trafficking Train By Refusing Parents their Constitutional Rights
—Within 15 months, the kids are on the State Auction Websites, Ready for the Highest Bidder to Buy.
In point of fact, all 50 states have failed to comply with federal child-welfare standards developed to protect children from abuse and neglect cps are the abusers.
Perpetrators of Maltreatment
Physical Abuse:CPS= 160- Parents = 59
Sexual Abuse : CPS = 112 – Parents = 13
Neglect: CPS = 410 -Parents = 241
Medical Neglect: CPS = 14 Parents = 12
Fatalities: CPS = 6.4 PERCENT- Parents = 1.5 PERCENT
We need YOUR help to Save America s Families from this HORRIBLE TRAVESTY. HOW MANY MORE PRECIOUS CHILDREN NEED TO DIE BEFORE YOU WHO TOOK AN OATH TO UPHOLD THE LAW DO SOMETHING TO REFORM THE SYSTEM THAT IS KILLING AND ABUSING OUR CHILDREN OUR GRANDCHILDREN. THE FUTURE GENERATIONS ALL OF OURS!
We that undersigned citizens of the United States of America, do hereby sign this Petition for Repeal ASFA, and for Reform of the Department of Human Services (CPS). We are intending that upon a sufficient number of persons to sign said Petition, that this petition be Presented to the Legislature in Washington,DC, and the current Governor ,Members of Congress and Senate, and to the President himself for consideration of the passage of legislation reforming the powers reserved to the Department of Human Services as follows:
1. That the agents, servants of employees of DHS, be restricted in such a manner that no one shall be removed unless there is CLEAR and CONVINCING PHYSICAL EVIDENCE (NOT HEARSAY!) that the life, health, or welfare of the person is subject to danger and that there exist no other alternative other than removal.
2. That DHS shall make every attempt to see that persons who are removed from their homes be placed in the homes of a RELATIVE or NEIGHBOR.
3. That ANY AND ALL JUVENILE COURTS & THEIR RECORDS be made to be OPEN TO THE PUBLIC and to PUBLIC SCRUTINY, and that ALL ACCUSERS be held accountable for their actions.
4. That ANY AND ALL PARTIES ACCUSED OF CHILD NEGLECT, ABUSE, etc. BY DHS be allowed to exercise their CONSTITUTIONAL RIGHTS OF TRIAL BY A JURY OF THEIR PEERS if they so desire.
5. That any and all bonuses received by DHS employees for the Legal Abduction of Children be placed in a Scholarship fund for those same children in an account set aside specifically for this purpose. The goal being to effectively REMOVE the TEMPTATION of treating children as a paycheck.
We the residents of the United States, do hereby sign this Petition For Reform of the immunities given to DHS in the matter of Civil and Criminal Action Against them.
1. When DHS VIOLATES A UNITED STATES CITIZENS CIVIL &/or CONSTITUTIONAL RIGHTS, THE INJURED PARTY SHOULD BE ALLOWED AND ABLE TO PURSUE CRIMINAL, ACTUAL AND PUNITIVE ACTIONS AND CLAIMS AGAINST THEM.
2. When DHS places a person or child into a foster home and/or Facility, They shall be held ACCOUNTABLE FOR THEIR ACTIONS. If child, or infant becomes a VICTIM of Sexual, Physical, or Emotional Abuse as a DIRECT RESULT of this Placement (or other interference), The Victim and the Victim’s Family Deserve to have the Option of Pursuing Criminal, Civil, Actual, and Punitive Actions and Claims against the Facility/ foster home, the Workers Directly Responsible for the Placement, and (Under Color of Law) DHS(and its agents and/or caseworkers) itself.
3. If the Judge in a Juvenile Case Shows Bias and/or Irrational Decisions, he or she should be IMMEDIATELY taken off the case and a Change of Venue Assigned.
4. All State and Federal Employees & Cullusive Agents/Entities/Indivuduals Guilty of this Unwarranted Search and Seizure, Kidnapping, etc shall be tried And Punished with the MAXIMUM Sentence under U.S. Federal Civil Rights Statutes:
Title 18, U.S.C., Section 241 – Conspiracy Against Rights
Title 18, U.S.C., Section 242 – Deprivation of Rights Under Color of Law
Title 18, U.S.C., Section 245 – Federally Protected Activities
Title 42, U.S.C., Section 3631 – Criminal Interference with Right to Fair Housing
Amy Charron ~ Disturbed
Updates of Sacks vs. Sacks Petition for Writ of Certiorari – US Supreme Court Deciding or Not to Hear Case.
Read and study every inch of information here.
In this case the judge has irrefutable evidence from a lisenced psychologist that the children are being sexually abused by their father, yet he remands the mother to supervised only visits, gives the children back to the father, and places a gag order on the women and the children so they can’t even tell the police what this man is doing to them. The four-year old child told her teacher, “I suck daddies penis.” The pictures these children drew were so graphic, they are heartbreaking. This judge has suppressed the evidence as well as the children. There is NO justice here! It is clear what this judge has done yet no one can stop in and stop it?????
This is a case where the judge needs to be held criminally responsible and thrown in jail.
My question is this::: Is the judge also a pedophile???? Seems so. Look at the evidence in this case and you decide.
LETTER OF SUPPORT ACKNOWLEDGEMENT/PROFESSIONAL CONCENSUS AND OPINION
“I,__________________________, do hereby state that I am a/an ____________________,” _____________________ , and after having continuous and/or evaluative contacts with___________________________________________________
do hereby confirm, to the best of my knowledge, that _______________________________________________________
__________ is a loving, compassionate, devoted, adequately fit and safe parent(s). I can personally attest, in all confidence, and without any concerns that a high level of concern and safety is used when parenting his/her/their child/children. I am adequately secure that such parental care and housing is in the “best interest” of said child(ren) and would pray that it would not be infringed upon, interfered with, hindered or limited. I do believe that in their home and care is the only option to ensure a stable upbringing and secure the family unit. This has been, is currently, and should continue to be, the goal as stated continuously by the Supreme Court and all caring and knowledgeable professionals of the state, as well as the medical, psychological and Mh/Mr fields of services.
Agreed to, and signed, this _____day, of __________,20__
Signature of Doctor/Psychologist/ Counselor
(or other professionals and support persons)
*** Supportive Court Doctrines/Statues/Laws ***
“The forced separation of parent from child, even for a short time, represents a serious infringement upon the rights of both.” – J.B. v. Washington county, 10th Cir. (1997)
Troxel v. Granville, 530 U.S. 57 U.S Supreme Court ruled in favor of parents -States “unconstitutionally interfere with fundamental right of parents to rear children.” fit parents act in best interest of children.” Court explained parents are fit “so long as parent adequately care for children, thus no reason state to inject itself in private realm of family, question ability of parent, make best decisions concerning rearing children.”
State’s power to legislate, adjudicate and administer all aspects of family law, including determinations of custodial; and visitation rights, is subject to scrutiny by federal judiciary within reach of due process and/or equal protection clauses The rights of parents to parent-child relationships are recognized and upheld.
Pa Law: § 3490.4. Definitions (ii) A child will not be deemed to be physically or mentally abused/neglected based on injuries that result solely from environmental factors that -( are beyond the control of the parent or person responsible for the child’s welfare, such as inadequate housing, furnishings, income, clothing and medical care. ) § 3490.57. Protective custody. (b) The county agency shall request protective custody (only) if the immediate safety and well-being of the child requires removal from the setting in which the alleged child abuse occurred.
You have the right to contest the termination of parental rights as well as the right to contest any allegations made against you from CPS! In this case I would SUE the state for the illegal seizure if my children.
TIP: Reference this case in any case you are fighting against in family court if your newborn has been stolen from you or you think may be stolen from you! Oftentimes when fighting in cases the interpretation of the law is used and past rulings, such as this one, can help turn a case around.
It is of my opinion that these caseworkers and judges should have been held liable for such crimes such as kidnapping, endangering the welfare of a child, and fraud. They have caused irreparable damage to the children who are now 6 years old as well as the parents. This is straight up kidnapping and child abuse