New York Judge Rules For Family...

THURSDAY, MARCH 11, 2010
New York Judge Rules For Family...It ALL Rests With The Judge In WA
N Y Judge rejects Clinton County Dept of Social Services petition to place child in foster care. (What do you know? There WERE relatives. PR)

March 9, 2010
Family Court Judge, Timothy J. Lawliss, has rejected a petition filed by Clinton County Department of Social Services to place Dustin O. in foster care. Dustin O.'s parents had signed a voluntary agreement to place their child with the department, but opposed the placement in foster care.

While Judge Lawliss rejected some of the arguments made by Dustin's parents, he ultimately rejected the Department of Social Services' petition because the argument did not present any proof that it had tried to locate any relatives who would be willing and properly equipped to care for the child.

(In the WA State Stuth Case the department and CASA knew about qualified relatives and ignored them. I personally, in court, told Judge Schaefer about this who when informed said the information had come to late. The CASA screamed at the Stuths and swore Alexis would NEVER go out of state. And, when I had reported the fact of relatives wanting Alexis, CPS told me they only informed the judge of qualified relatives after the termination!!!!!)

The judge's decision was based on New York State Social Services Law 358-a(2) which states:

"In the case of a child whose care and custody have been transferred to a social services official by means of an instrument executed pursuant to section three hundred eighty-four-a of this chapter, the petition shall also allege and there shall be shown by affidavit or other proof satisfactory to the court that all the requirements of such section have been satisfied, including the results of the investigation to locate relatives of the child, including any non-respondent parent and all of the child's grandparents. Such results shall include whether any relative who has been located expressed an interest in becoming a foster parent for the child or in seeking custody or care of the child."

The Clinton County Department of Social Services has thirty days to appeal the decision.
(Let me translate: The Clinton Co. DSS has 30 days to muster all the free government attorneys they can to take this child. They have 30 days to make any reassignment of CASA if they need. They have 30 days longer to dig up dirt and make up dirt to use in court against the family. They will lie if they have to. There are no rules against it.)
Posted by State Senator Pam Roach at 7:05 AM
http://pamroachreport.blogspot.com/2010/03/new-york-judge-rules-for-familyit-all.html