James Island family turns over 2-year-old girl following court order | The Post and Courier, Charleston SC - News, Sports, Entertainment:
A James Island couple who raised a little girl from her birth more than two years ago were forced to deliver her to her biological father this evening because of a 1978 law that applies to Native American children.
Exposing Child UN-Protective Services and the Deceitful Practices They Use to Rip Families Apart/Where Relative Placement is NOT an Option, as Stated by a DCYF Supervisor
Unbiased Reporting
What I post on this Blog does not mean I agree with the articles or disagree. I call it Unbiased Reporting!
Isabella Brooke Knightly and Austin Gamez-Knightly
Saturday, December 31, 2011
Changing the Narrative of Child Welfare
Matthew Fraidin: Changing the Narrative of Child Welfare:
The nuclear secret of child welfare is that most of the children in foster care should not be there. Most children in foster care are harmed more than they are helped by being taken from their families, and by being kept in foster care for too long. Children in foster care are torn from their schools, separated from their siblings, over-prescribed psychotropic drugs, and housed in dangerous group homes rife with abuse -- and it all happens behind the iron curtain of secret court proceedings.
The nuclear secret of child welfare is that most of the children in foster care should not be there. Most children in foster care are harmed more than they are helped by being taken from their families, and by being kept in foster care for too long. Children in foster care are torn from their schools, separated from their siblings, over-prescribed psychotropic drugs, and housed in dangerous group homes rife with abuse -- and it all happens behind the iron curtain of secret court proceedings.
Friday, December 30, 2011
Judge Michael Nash: I'm Opening the Secret Courts in Los Angeles so Child Dependency Screwups Get Sunshine and Fewer Kids Die
Judge Michael Nash: I'm Opening the Secret Courts in Los Angeles so Child Dependency Screwups Get Sunshine and Fewer Kids Die - Los Angeles News - The Informer:
Presiding Judge Michael Nash in L.A. County Dependency Court has seen horrific child sexual predators who rape their toddlers and sickos who starve their foster children -- and social workers and judges who fail to act. But these fallible, troubled juvenile courts are held in secret. Now Nash plans to open the doors and let sunshine in.
Presiding Judge Michael Nash in L.A. County Dependency Court has seen horrific child sexual predators who rape their toddlers and sickos who starve their foster children -- and social workers and judges who fail to act. But these fallible, troubled juvenile courts are held in secret. Now Nash plans to open the doors and let sunshine in.
Intensive fostering scheme developed in West Sussex
Intensive fostering scheme developed in West Sussex (From The Argus):
A specialist intensive fostering scheme has been developed to return children to their families within three months.
What a miracle! A plan to reunite Families! That's a first!
A specialist intensive fostering scheme has been developed to return children to their families within three months.
What a miracle! A plan to reunite Families! That's a first!
Care-case dad threatened to shoot social worker
Care-case dad threatened to shoot social worker - Crime - Jarrow and Hebburn Gazette:
A DAD banned from seeing his daughter at Christmas threatened to shoot a social worker, a court heard.
A DAD banned from seeing his daughter at Christmas threatened to shoot a social worker, a court heard.
Legal, Widespread, and Dangerous: Drugging Kids in Foster Care
Legal, Widespread, and Dangerous: Drugging Kids in Foster Care - Press Release - Digital Journal:
Years ago, rubbing a little brandy on the gums of a teething child was thought to soothe and do no lasting harm. Parents of today who disapprove should be aware of just how often children are prescribed powerful, mind-altering medicines.
Read more:
Years ago, rubbing a little brandy on the gums of a teething child was thought to soothe and do no lasting harm. Parents of today who disapprove should be aware of just how often children are prescribed powerful, mind-altering medicines.
Read more:
DCFS criticized after beating death of 4-year-old boy
Cook County Public Guardian speaks out, DCFS criticized after beating death of 4-year-old boy - WGN:
CHICAGO— Cook County Public Guardian Robert Harris is sharply criticizing the Illinois Department of Children and Family Services after a 4-year-old boy was beaten to death.
CHICAGO— Cook County Public Guardian Robert Harris is sharply criticizing the Illinois Department of Children and Family Services after a 4-year-old boy was beaten to death.
Father wins appeal in custody of son
Youngstown News, Father wins appeal in custody of son:
WARREN
The 11th District Court of Appeals has overturned a Trumbull County magistrate’s decision that awarded permanent custody of a 2-year-old boy to Trumbull County Children Services.
WARREN
The 11th District Court of Appeals has overturned a Trumbull County magistrate’s decision that awarded permanent custody of a 2-year-old boy to Trumbull County Children Services.
Thursday, December 29, 2011
Protecting children or traumatizing them? Readers debate role of CPS
Protecting children or traumatizing them? Readers debate role of Children's Protective Services | MLive.com:
A story reporting more Muskegon County children than ever entered foster care this year touched some nerves with readers debating who has children's best interest at heart.
A story reporting more Muskegon County children than ever entered foster care this year touched some nerves with readers debating who has children's best interest at heart.
Settlement Proposed in Adoption Abuse Case
Settlement Proposed in Adoption Abuse Case - NYTimes.com:
Lawyers for 10 disabled children who were fraudulently adopted by a Queens woman more than 15 years ago and subjected to years of abuse have proposed a $68 million settlement in a civil rights lawsuit filed on their clients’ behalf, according to a confidential court filing.
Lawyers for 10 disabled children who were fraudulently adopted by a Queens woman more than 15 years ago and subjected to years of abuse have proposed a $68 million settlement in a civil rights lawsuit filed on their clients’ behalf, according to a confidential court filing.
Poverty is an inadequate reason to take children from families
Guest commentary: Poverty is an inadequate reason to take children from families | Detroit Free Press | freep.com:
A loving father sees a judge place his children in foster care because his Walmart job doesn't pay enough, and he and his child live with his sister.
A loving father sees a judge place his children in foster care because his Walmart job doesn't pay enough, and he and his child live with his sister.
U.S. Immigration Policy Contributes to Family Separation
U.S. Immigration Policy Contributes to Family Separation:
A new report, "Shattered Families", shows that more than 5,000 children have been taken in to foster care because their parents have been deported from the U.S.
A new report, "Shattered Families", shows that more than 5,000 children have been taken in to foster care because their parents have been deported from the U.S.
Boy reported missing from Carmichael group home
Sacto 9-1-1: Boy reported missing from Carmichael group home:
The Sacramento County Sheriff's Department is seeking the public's help in locating a 14-year-old boy reported missing from a group home in Carmichael.
The Sacramento County Sheriff's Department is seeking the public's help in locating a 14-year-old boy reported missing from a group home in Carmichael.
Teen beaten at Butler Co. group home dies | Cincinnati.com | cincinnati.com
Teen beaten at Butler Co. group home dies | Cincinnati.com | cincinnati.com:
The teen who was beaten at a Butler County group home for troubled youths has died, officials said, and a second teen could face upgraded charges as a result.
The teen who was beaten at a Butler County group home for troubled youths has died, officials said, and a second teen could face upgraded charges as a result.
Wednesday, December 28, 2011
“Remove-first” policy hurts families-A Nashua NH Policy
“Remove-first” policy hurts families | TheGazette:
This is the way Nashua, NH DCYF has always work's against the innocent families they railroad, while the truly abused suffer in their homes due to the failure to investigate by the negligent Assessment Worker's. NH is no better than the rest of the States. In fact, they are worse. Children die in NH due to abuse also. They just hush it up as quickly as possible so everyone think's NH is different!
When little Shelby Duis was found dead at her Spirit Lake home — with massive head injuries, fractured ribs and two broken hands — it sent a shock through the entire state.
This is the way Nashua, NH DCYF has always work's against the innocent families they railroad, while the truly abused suffer in their homes due to the failure to investigate by the negligent Assessment Worker's. NH is no better than the rest of the States. In fact, they are worse. Children die in NH due to abuse also. They just hush it up as quickly as possible so everyone think's NH is different!
When little Shelby Duis was found dead at her Spirit Lake home — with massive head injuries, fractured ribs and two broken hands — it sent a shock through the entire state.
NH DCYF, Still Not Following Federal Mandates
NH DCYF, Still Not Following Federal Mandates
What is up with NH DCYF? Specifically the Nashua District office?
I am a Grandmother, denied custody of my two grandchildren Austin and Isabella, due to the lies of an unethical DCYF Lawyer. I have NO criminal record. No driving record and neither does my husband. I despise the use of drug's by ANYBODY and I don't drink alcohol, yet I was accused by Janice Watson of Healthy Steps in Nashua of being a "closet drinker" and swapping pill's with my daughter's. If a REAL Family assessment had ever been done, it clearly would have proven I have NEVER done either. I do NOT condone the use of ANY drug's. Not even prescription medication. The only time I ever took any kind of pain pill's, was when I had surgery. Even then, two pill's every four hour's was prescribed. I, despising the affect's of medication on the mind, took half a pill at bedtime when the pain was unbearable. I know the only reason the witch lied was because she tried to push my daughter and I apart, but failed. I have always tried to help my children, LEGALLY and have always tried to protect them. This woman also reported to DCYF that I stood out front of the Nashua Area Health Center and passed out flyer's, telling people not to go there or to Southern New Hampshire Medical Center, because they were baby stealer's, which I didn't, but maybe I should have seeing as I was accused anyway AND they ARE in fact babystealer's.I asked in Court,the only time I was allowed in the courtroom for my motion to intervene,(denied of course!) "Where is the film? They have camera's at both places don't they?" No answer of course, just more false accusations. I guess they didn't like my bumper sticker's that warned people of their fraudulent practices. How they work with DCYF in the kidnapping of children.
My granddaughter was placed in a foster home in Hudson, NH. I was alone one day and every one of Isabella's unused toy's started playing music. I immediately felt something was wrong with my stolen granddaughter, so I called the foster home and of course was screamed at and told not to call there again. I called and left a message for the caseworker and the foster kidnapper's called the Police, who stated I would be arrested if I ever called there again. No court order of course, because the Judge refused DCYF Lawyer Kate McClures request. What a surprise, he didn't cave to DCYF!
I was also accused of going to the foster home late that night and trying to break in to steal Isabella. Give me a break. I am a grandmother, with a home of my own, with family member's. Unlike DCYF, I do everything legally and by the book. Why would I disrupt everything I've worked so hard for my entire life, just to lose it turning into a criminal? I can see the headlines now,"Unhappy Grammy kidnaps granddaughter from her bed." Brilliant idea!
Supposedly, there were cigarette butt's on their deck. So I asked, "Was DNA testing done on the butt's because they sure weren't mine and I don't drive at night either. I have night blindness." Of course again, no answer.
The lies of DCYF and their Foster kidnapper's are non-stop. When they set their sight's on your beautiful child, there's NO way the child will be returned. All DCYF see's is dollar sign's.
Now, the reason for this post. Is it not a fact, that once a child is in foster kidnappers care twelve month's, per Federal mandate, DCYF is SUPPOSED to file for the parent's right's to be terminated, as was in my daughter's cases in 2007 and 2008? Then why do some parent's, whose children have been in foster care for three and four year's, still have rights to their children? Why does a Mother, who never took care of her children, beat them until they bled and hasn't seen them in a substantial amount of time, get to spend an unsupervised Christmas holiday with them? Why weren't her rights and the father's rights terminated? Why was the Grandmother allowed to spend time with them also? A grandmother who never opted for custody?
Does this have to do with my fight for my grandchildren? Why is DCYF STILL NOT following Federal mandates? Why are these children still in foster care limbo after all this time and their parent's right's NOT terminated? Will there ever be Justice for Austin and Isabella and my falsely accused, PROVEN falsely accused family, railroaded by the corrupt Nashua DCYF and their cohort Family Court?
What is up with NH DCYF? Specifically the Nashua District office?
I am a Grandmother, denied custody of my two grandchildren Austin and Isabella, due to the lies of an unethical DCYF Lawyer. I have NO criminal record. No driving record and neither does my husband. I despise the use of drug's by ANYBODY and I don't drink alcohol, yet I was accused by Janice Watson of Healthy Steps in Nashua of being a "closet drinker" and swapping pill's with my daughter's. If a REAL Family assessment had ever been done, it clearly would have proven I have NEVER done either. I do NOT condone the use of ANY drug's. Not even prescription medication. The only time I ever took any kind of pain pill's, was when I had surgery. Even then, two pill's every four hour's was prescribed. I, despising the affect's of medication on the mind, took half a pill at bedtime when the pain was unbearable. I know the only reason the witch lied was because she tried to push my daughter and I apart, but failed. I have always tried to help my children, LEGALLY and have always tried to protect them. This woman also reported to DCYF that I stood out front of the Nashua Area Health Center and passed out flyer's, telling people not to go there or to Southern New Hampshire Medical Center, because they were baby stealer's, which I didn't, but maybe I should have seeing as I was accused anyway AND they ARE in fact babystealer's.I asked in Court,the only time I was allowed in the courtroom for my motion to intervene,(denied of course!) "Where is the film? They have camera's at both places don't they?" No answer of course, just more false accusations. I guess they didn't like my bumper sticker's that warned people of their fraudulent practices. How they work with DCYF in the kidnapping of children.
My granddaughter was placed in a foster home in Hudson, NH. I was alone one day and every one of Isabella's unused toy's started playing music. I immediately felt something was wrong with my stolen granddaughter, so I called the foster home and of course was screamed at and told not to call there again. I called and left a message for the caseworker and the foster kidnapper's called the Police, who stated I would be arrested if I ever called there again. No court order of course, because the Judge refused DCYF Lawyer Kate McClures request. What a surprise, he didn't cave to DCYF!
I was also accused of going to the foster home late that night and trying to break in to steal Isabella. Give me a break. I am a grandmother, with a home of my own, with family member's. Unlike DCYF, I do everything legally and by the book. Why would I disrupt everything I've worked so hard for my entire life, just to lose it turning into a criminal? I can see the headlines now,"Unhappy Grammy kidnaps granddaughter from her bed." Brilliant idea!
Supposedly, there were cigarette butt's on their deck. So I asked, "Was DNA testing done on the butt's because they sure weren't mine and I don't drive at night either. I have night blindness." Of course again, no answer.
The lies of DCYF and their Foster kidnapper's are non-stop. When they set their sight's on your beautiful child, there's NO way the child will be returned. All DCYF see's is dollar sign's.
Now, the reason for this post. Is it not a fact, that once a child is in foster kidnappers care twelve month's, per Federal mandate, DCYF is SUPPOSED to file for the parent's right's to be terminated, as was in my daughter's cases in 2007 and 2008? Then why do some parent's, whose children have been in foster care for three and four year's, still have rights to their children? Why does a Mother, who never took care of her children, beat them until they bled and hasn't seen them in a substantial amount of time, get to spend an unsupervised Christmas holiday with them? Why weren't her rights and the father's rights terminated? Why was the Grandmother allowed to spend time with them also? A grandmother who never opted for custody?
Does this have to do with my fight for my grandchildren? Why is DCYF STILL NOT following Federal mandates? Why are these children still in foster care limbo after all this time and their parent's right's NOT terminated? Will there ever be Justice for Austin and Isabella and my falsely accused, PROVEN falsely accused family, railroaded by the corrupt Nashua DCYF and their cohort Family Court?
Ten More State Workers Reviewed By DSS
Ten More State Workers Reviewed By DSS « CBS Connecticut:
Governor Malloy’s office says the Department of Social Services and the Office of Labor Relations have sent the names of ten more state workers for administrative review.
Governor Malloy’s office says the Department of Social Services and the Office of Labor Relations have sent the names of ten more state workers for administrative review.
Even the best foster homes can’t replace family support
GUEST VIEWPOINT: Even the best foster homes can’t replace family support:
When you hear about child abuse or neglect, most people’s first reaction is “get that kid out of danger.” Once we know the child has been removed, we breathe a sigh of relief, assume that the child will be better off in foster care, and consider the problem fixed. If we think of the abuser, it is almost always to condemn and judge: “How could they do that?”
When you hear about child abuse or neglect, most people’s first reaction is “get that kid out of danger.” Once we know the child has been removed, we breathe a sigh of relief, assume that the child will be better off in foster care, and consider the problem fixed. If we think of the abuser, it is almost always to condemn and judge: “How could they do that?”
Tuesday, December 27, 2011
Foster parents told - don't hit my kids
Foster parents told - don't hit my kids | thetelegraph.com.au:
THE mother whose children were allegedly smacked and hit with a wooden spoon by their foster parents told them to stop hitting her son and daughter.
THE mother whose children were allegedly smacked and hit with a wooden spoon by their foster parents told them to stop hitting her son and daughter.
Child Protective Services Target Rural Families
Child Protective Services Target Rural Families | RFD America:
They’re coming for our children. Organizations with benevolent names like “Child Welfare League of America” threaten the well-being of rural families and the foundations of America’s rural heritage. Consider some of the statements by the National Advisory Committee on Rural Social Services:
They’re coming for our children. Organizations with benevolent names like “Child Welfare League of America” threaten the well-being of rural families and the foundations of America’s rural heritage. Consider some of the statements by the National Advisory Committee on Rural Social Services:
Monday, December 26, 2011
DHS workers disciplined for wide range of reasons
DHS workers disciplined for wide range of reasons | NewsOK.com:
One DHS worker stole gift cards meant for foster children at Christmas.
Other workers at the state Department of Human Services have been caught physically abusing children in shelters, taunting mentally disabled adults, stealing from the elderly or sexually harassing co-workers.
Read more:
One DHS worker stole gift cards meant for foster children at Christmas.
Other workers at the state Department of Human Services have been caught physically abusing children in shelters, taunting mentally disabled adults, stealing from the elderly or sexually harassing co-workers.
Read more:
York County reduces need for foster care-More Children Staying with Family
York County reduces need for foster care - York Dispatch:
In just two years, York County has reduced the number of children in foster care by nearly 50 percent.
Deb Chronister, director of the county's Office of Children, Youth and Families, applauds the county's efforts over the past year to dramatically cut down on the number of children entering the foster care system.
In just two years, York County has reduced the number of children in foster care by nearly 50 percent.
Deb Chronister, director of the county's Office of Children, Youth and Families, applauds the county's efforts over the past year to dramatically cut down on the number of children entering the foster care system.
Family Rights Needs Public Service Announcements
Family Rights Needs Public Service Announcements:
AFRA EDITORIALS
By Leonard Henderson
December 25, 2011
Family Rights Needs Public Service Announcements
In case you don't know what a Public Service Announcement (PSA) is, this is one-
http://www.youtube.com/watch?v=x96tB4Z_koU
This ad runs numerous times every day on numerous TV networks. It is for EDUCATING people about Spasmodic Torticollis. A condition I had certainly never heard of before these PSA's started running. And as a matter of fact, I have NEVER seen anybody with this rare condition.
How rare is Spasmodic Torticollis? Dixie says in this PSA that Spasmodic Torticollis affects 150,000 people in the US.
Compare that to the 3.3 MILLION CPS cases in the US every year according to Child Maltreatment 2010 by the Child Welfare Information Gateway.
Of which 1.7 MILLION cases get investigated, about 470,000 cases get "substantiated" or "indicated".
That 1.7 MILLION cases INVESTIGATED may likely involve 2 parents, whose lives get turned upside down.
The resulting 470 thousand cases go through the ungodly "Family Courts".
So this may involve 600 thousand people being crucified in these courts.
Not a single one have any clue what is happening to them.
Most cannot afford a GOOD lawyer
It's a TRAP!
"Better shun the bait than struggle in the snare."
-John Dryden (1631-1700) English Poet
Ask just about any average smuck on the street about CPS and they will say they think it's a good thing. They actually believe it's about "Saving the Children".
Almost NOBODY in the masses knows or understands what CPS really is.
People who CPS sinks their talons into have NO CLUE about CPS. People don't know their Constitutional Rights. They are lambs going to slaughter, knowing NOTHING until the trap snaps shut on them.
Of those who find us before their case is over- We go around and around with people with court appointed lawyers about GETTING THE TRUTH ON THE RECORD.
The "lawyers" don't want to. I don't know how they expect to win, because most of them STIPULATE to have the parents jump through hoops and depend on CPS' good will to restore custody when the parents complete all the courses.
But no, HELL NO, the reward for completing one set of "services" is a NEW set of "services". More hoops to jump. Until the ASFA 15 out of 22 month rule kicks in for automatic TPR.
Leaving the parents with NOTHING, zero, zilch ON THE RECORD in any sort of a Vigorous Defense.
By the time most of these people find the HELP resources ONLINE, the case is OVER or mere days from TPR and the "lawyer" got ABSOLUTELY NOTHING ON THE RECORD FOR APPEAL.
THIS IS WHY I wish we could put out Public Service Announcements to WARN people about the Fascist CPS kidnappers and Character Assassins, and WHAT THEY CAN DO ABOUT IT
AFRA EDITORIALS
By Leonard Henderson
December 25, 2011
Family Rights Needs Public Service Announcements
In case you don't know what a Public Service Announcement (PSA) is, this is one-
http://www.youtube.com/watch?v=x96tB4Z_koU
This ad runs numerous times every day on numerous TV networks. It is for EDUCATING people about Spasmodic Torticollis. A condition I had certainly never heard of before these PSA's started running. And as a matter of fact, I have NEVER seen anybody with this rare condition.
How rare is Spasmodic Torticollis? Dixie says in this PSA that Spasmodic Torticollis affects 150,000 people in the US.
Compare that to the 3.3 MILLION CPS cases in the US every year according to Child Maltreatment 2010 by the Child Welfare Information Gateway.
Of which 1.7 MILLION cases get investigated, about 470,000 cases get "substantiated" or "indicated".
That 1.7 MILLION cases INVESTIGATED may likely involve 2 parents, whose lives get turned upside down.
The resulting 470 thousand cases go through the ungodly "Family Courts".
So this may involve 600 thousand people being crucified in these courts.
Not a single one have any clue what is happening to them.
Most cannot afford a GOOD lawyer
It's a TRAP!
"Better shun the bait than struggle in the snare."
-John Dryden (1631-1700) English Poet
Ask just about any average smuck on the street about CPS and they will say they think it's a good thing. They actually believe it's about "Saving the Children".
Almost NOBODY in the masses knows or understands what CPS really is.
People who CPS sinks their talons into have NO CLUE about CPS. People don't know their Constitutional Rights. They are lambs going to slaughter, knowing NOTHING until the trap snaps shut on them.
Of those who find us before their case is over- We go around and around with people with court appointed lawyers about GETTING THE TRUTH ON THE RECORD.
The "lawyers" don't want to. I don't know how they expect to win, because most of them STIPULATE to have the parents jump through hoops and depend on CPS' good will to restore custody when the parents complete all the courses.
But no, HELL NO, the reward for completing one set of "services" is a NEW set of "services". More hoops to jump. Until the ASFA 15 out of 22 month rule kicks in for automatic TPR.
Leaving the parents with NOTHING, zero, zilch ON THE RECORD in any sort of a Vigorous Defense.
By the time most of these people find the HELP resources ONLINE, the case is OVER or mere days from TPR and the "lawyer" got ABSOLUTELY NOTHING ON THE RECORD FOR APPEAL.
THIS IS WHY I wish we could put out Public Service Announcements to WARN people about the Fascist CPS kidnappers and Character Assassins, and WHAT THEY CAN DO ABOUT IT
Another case where Child Protective Services admits mistakes and a baby dies!
Another case where Child Protective Services admits mistakes and a baby dies!:
VICTIMS OF A BROKEN SYSTEM
Can Those Children Be Saved? Not By Child Protective Services .
They had names and faces once. Now they have coroner's numbers.
All the children were living in foster homes or with their parents under the supervision of social workers.
Social workers call them their "worst outcomes".
How many more children have to die? What is the ' magic number' before the legislature will do something to hold this agency accountable?
Read More: Victims of a Broken System
VICTIMS OF A BROKEN SYSTEM
Can Those Children Be Saved? Not By Child Protective Services .
They had names and faces once. Now they have coroner's numbers.
All the children were living in foster homes or with their parents under the supervision of social workers.
Social workers call them their "worst outcomes".
How many more children have to die? What is the ' magic number' before the legislature will do something to hold this agency accountable?
Read More: Victims of a Broken System
Denied Custody in Trial Court? File for a Writ of Habeas Corpus in Federal Court
Habeas Corpus Defined and Explained:
When Your Constitutional Rights Have Been Violated
Habeas Corpus
Lat. "you have the body" Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences. In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. Also, a party may file a habeas corpus petition if a judge declares her in contempt of court and jails or threatens to jail her.
In Brown v. Vasquez, 952 F.2d 1164, 1166 (9th Cir. 1991), cert. denied, 112 S.Ct. 1778 (1992), the court observed that the Supreme Court has "recognized the fact that`[t]he writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.' Harris v. Nelson, 394 U.S. 286, 290-91 (1969). " Therefore, the writ must be "administered with the initiative and flexibility essential to insure that miscarriages of justice within its reach are surfaced and corrected." Harris, 394 U.S. at 291.
The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action." Harris v. Nelson, 394 U.S. 286, 290-91 (1969). Because the habeas process delays the finality of a criminal case, however, the Supreme Court in recent years has attempted to police the writ to ensure that the costs of the process do not exceed its manifest benefits. In McCleskey the Court raised barriers against successive and abusive petitions. The Court raised these barriers based on significant concerns about delay, cost, prejudice to the prosecution, frustration of the sovereign power of the States, and the "heavy burden" federal collateral litigation places on "scarce federal judicial resources," a burden that "threatens the capacity of the system to resolve primary disputes." McCleskey, 499 U.S. at 467.
The Court observed that"[t]he writ of habeas corpus is one of the centerpieces of our liberties. `But the writ has potentialities for evil as well as for good. Abuse of the writ may undermine the orderly administration of justice and therefore weaken the forces of authority that are essential for civilization.' " McCleskey, 499 U.S. at 496 (quoting Brown v. Allen, 344 U.S. 443, 512 (1952) (opinion of Frankfurter, J.))
The predominant inquiry on habeas is a legal one: whether the "petitioner's custody simpliciter" is valid as measured by the Constitution. Coleman v. Thompson, 501 U.S. 722, 730 (1991). The purpose of the great writ is not to relitigate state trials.
Dismissal of habeas petition under the "total exhaustion" rule of Rose v. Lundy, 455 U.S. 509, 520 (1982) (each claim raised by petitioner must be exhausted before district court may reach the merits of any claim in habeas petition). Jury exposure to facts not in evidence deprives a defendant of the rights to confrontation, cross-examination and assistance of counsel embodied in the Sixth Amendment. Dickson v. Sullivan, 849 F.2d 403, 406 (9th Cir. 1988); see also Jeffries v. Blodgett, 5 F.3d 1180, 1191 (9th Cir. 1993) (introduction of extraneous prior bad acts evidence during deliberations constitutes error of constitutional proportions), cert. denied, 114 S.Ct. 1294 (1994). However, a petitioner is entitled to habeas relief only if it can be established that the constitutional error had "substantial and injurious effect or influence in determining the jury's verdict." Brecht v. Abrahamson, 113 S. Ct. 1710, 1722 & n.9 (1993). Whether the constitutional error was harmless is not a factual determination entitled to the statutory presumption of correctness under 28 U.S.C. S 2254(d). Dickson, 849 F.2d at 405; Marino v. Vasquez, 812 F.2d 499, 504 (9th Cir. 1987).
In a habeas corpus proceeding, a federal court generally "will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and adequate to support the judgment." Coleman v. Thompson, 501 U.S. 722, 111 S. Ct. 2546, 2553-54 (1991). This doctrine applies to bar federal habeas review when the state court has declined to address the petitioner's federal claims because he failed to meet state procedural requirements. Id. at 2254; see also Sochor v. Florida, 504 U.S. 527, 119 L. Ed. 2d 326, 337 (1992). Thus, the independent state grounds doctrine bars the federal courts from reconsidering the issue in the context of habeas corpus review as long as the state court explicitly invokes a state procedural bar rule as a separate basis for its decision. Harris v. Reed, 489 U.S. 255, 264 n.10 (1988).
Habeas petitioners are not entitled to habeas relief based on trial error unless they can establish that it resulted in actual prejudice. O'Neal v. McAninch, 115 S. Ct. 992, 994-95 (1995). It is the responsibility of the court, once it concludes there was error, to determine whether the error affected the judgment. If the court is left in grave doubt, the conviction cannot stand. Id. On a petition for a writ of habeas corpus, the standard of review for a claim of prosecutorial misconduct, like the standard of review for a claim of judicial misconduct, is " 'the narrow one of due process, and not the broad exercise of supervisory power.' " Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 642 (1974)). "The relevant question is whether the prosecutor['s] comments 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.' " Id. (quoting Donnelly, 416 U.S. at 643).
A federal court has no supervisory authority over criminal proceedings in state courts. The only standards we can impose on the states are those dictated by the Constitution. Daye, 712 F.2d at 1571. Objectionable as some actions might be, when considered in the context of the trial as a whole they are not "of sufficient gravity to warrant the conclusion that fundamental fairness has been denied." Id. at 1572. See Gayle v. Scully, 779 F.2d at 807 (trial judge's caustic, sarcastic comments and offensive conduct, although perhaps inconsistent with institutional standards of federal courts, did not violate due process); Daye, 712 F.2d at 1572 (trial judge's skeptical attitude toward defendant's testimony, and his reinforcement of identification evidence by government witnesses, "approached but did not cross the line that permits [a ruling] that the Constitution has been violated").
The fact that a jury instruction is inadequate by Federal Court direct appeal standards does not mean a petitioner who relies on such an inadequacy will be entitled to habeas relief from a state court conviction. Estelle v. McGuire, 502 U.S. 62, 71-72 (1991). In habeas proceedings challenging state court convictions, relief is available only for constitutional violations. Whether a constitutional violation has occurred will depend upon the evidence in the case and the overall instructions given to the jury. See Cupp v. Naughten, 414 U.S. at 147 (constitutionality determined not by focusing on ailing instruction "in artificial isolation" but by considering effect of instruction "in the context of the overall charge."). See also Henderson v. Kibbe, 431 U.S. 145, 155 (1977) (recognizing that "[a]n omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law" and, therefore, a habeas petitioner whose claim of error involves the failure to give a particular instruction bears an "especially heavy" burden).
Shackling, except in extreme forms, is susceptible to harmless error analysis. Castillo v. Stainer, 997 F.2d at 669. In a habeas case dealing with a state court sentence, the question is whether the shackling "had substantial and injurious effect or influence in determining the jury's verdict." Id. (quoting Brecht v. Abrahamson, 113 S. Ct. 1710, 1714 (1993)). If we are in "grave doubt" whether the error affected the verdict, the error is not harmless. O'Neal v. McAninch, 115 S. Ct. 992, 994 (1995).
The risk of doubt, however, is on the state. Id. at 996 (rejecting language in Brecht v. Abrahamson which places on defendant burden of showing prejudice). See Castillo v. Stainer, 983 F.2d at 149 (finding shackling at trial harmless error because defendant only wore waist chain that could not be seen by jury).
When Your Constitutional Rights Have Been Violated
Habeas Corpus
Lat. "you have the body" Prisoners often seek release by filing a petition for a writ of habeas corpus. A writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court so it can be determined whether or not that person is imprisoned lawfully and whether or not he should be released from custody. A habeas corpus petition is a petition filed with a court by a person who objects to his own or another's detention or imprisonment. The petition must show that the court ordering the detention or imprisonment made a legal or factual error. Habeas corpus petitions are usually filed by persons serving prison sentences. In family law, a parent who has been denied custody of his child by a trial court may file a habeas corpus petition. Also, a party may file a habeas corpus petition if a judge declares her in contempt of court and jails or threatens to jail her.
In Brown v. Vasquez, 952 F.2d 1164, 1166 (9th Cir. 1991), cert. denied, 112 S.Ct. 1778 (1992), the court observed that the Supreme Court has "recognized the fact that`[t]he writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action.' Harris v. Nelson, 394 U.S. 286, 290-91 (1969). " Therefore, the writ must be "administered with the initiative and flexibility essential to insure that miscarriages of justice within its reach are surfaced and corrected." Harris, 394 U.S. at 291.
The writ of habeas corpus serves as an important check on the manner in which state courts pay respect to federal constitutional rights. The writ is "the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action." Harris v. Nelson, 394 U.S. 286, 290-91 (1969). Because the habeas process delays the finality of a criminal case, however, the Supreme Court in recent years has attempted to police the writ to ensure that the costs of the process do not exceed its manifest benefits. In McCleskey the Court raised barriers against successive and abusive petitions. The Court raised these barriers based on significant concerns about delay, cost, prejudice to the prosecution, frustration of the sovereign power of the States, and the "heavy burden" federal collateral litigation places on "scarce federal judicial resources," a burden that "threatens the capacity of the system to resolve primary disputes." McCleskey, 499 U.S. at 467.
The Court observed that"[t]he writ of habeas corpus is one of the centerpieces of our liberties. `But the writ has potentialities for evil as well as for good. Abuse of the writ may undermine the orderly administration of justice and therefore weaken the forces of authority that are essential for civilization.' " McCleskey, 499 U.S. at 496 (quoting Brown v. Allen, 344 U.S. 443, 512 (1952) (opinion of Frankfurter, J.))
The predominant inquiry on habeas is a legal one: whether the "petitioner's custody simpliciter" is valid as measured by the Constitution. Coleman v. Thompson, 501 U.S. 722, 730 (1991). The purpose of the great writ is not to relitigate state trials.
Dismissal of habeas petition under the "total exhaustion" rule of Rose v. Lundy, 455 U.S. 509, 520 (1982) (each claim raised by petitioner must be exhausted before district court may reach the merits of any claim in habeas petition). Jury exposure to facts not in evidence deprives a defendant of the rights to confrontation, cross-examination and assistance of counsel embodied in the Sixth Amendment. Dickson v. Sullivan, 849 F.2d 403, 406 (9th Cir. 1988); see also Jeffries v. Blodgett, 5 F.3d 1180, 1191 (9th Cir. 1993) (introduction of extraneous prior bad acts evidence during deliberations constitutes error of constitutional proportions), cert. denied, 114 S.Ct. 1294 (1994). However, a petitioner is entitled to habeas relief only if it can be established that the constitutional error had "substantial and injurious effect or influence in determining the jury's verdict." Brecht v. Abrahamson, 113 S. Ct. 1710, 1722 & n.9 (1993). Whether the constitutional error was harmless is not a factual determination entitled to the statutory presumption of correctness under 28 U.S.C. S 2254(d). Dickson, 849 F.2d at 405; Marino v. Vasquez, 812 F.2d 499, 504 (9th Cir. 1987).
In a habeas corpus proceeding, a federal court generally "will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and adequate to support the judgment." Coleman v. Thompson, 501 U.S. 722, 111 S. Ct. 2546, 2553-54 (1991). This doctrine applies to bar federal habeas review when the state court has declined to address the petitioner's federal claims because he failed to meet state procedural requirements. Id. at 2254; see also Sochor v. Florida, 504 U.S. 527, 119 L. Ed. 2d 326, 337 (1992). Thus, the independent state grounds doctrine bars the federal courts from reconsidering the issue in the context of habeas corpus review as long as the state court explicitly invokes a state procedural bar rule as a separate basis for its decision. Harris v. Reed, 489 U.S. 255, 264 n.10 (1988).
Habeas petitioners are not entitled to habeas relief based on trial error unless they can establish that it resulted in actual prejudice. O'Neal v. McAninch, 115 S. Ct. 992, 994-95 (1995). It is the responsibility of the court, once it concludes there was error, to determine whether the error affected the judgment. If the court is left in grave doubt, the conviction cannot stand. Id. On a petition for a writ of habeas corpus, the standard of review for a claim of prosecutorial misconduct, like the standard of review for a claim of judicial misconduct, is " 'the narrow one of due process, and not the broad exercise of supervisory power.' " Darden v. Wainwright, 477 U.S. 168, 181 (1986) (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 642 (1974)). "The relevant question is whether the prosecutor['s] comments 'so infected the trial with unfairness as to make the resulting conviction a denial of due process.' " Id. (quoting Donnelly, 416 U.S. at 643).
A federal court has no supervisory authority over criminal proceedings in state courts. The only standards we can impose on the states are those dictated by the Constitution. Daye, 712 F.2d at 1571. Objectionable as some actions might be, when considered in the context of the trial as a whole they are not "of sufficient gravity to warrant the conclusion that fundamental fairness has been denied." Id. at 1572. See Gayle v. Scully, 779 F.2d at 807 (trial judge's caustic, sarcastic comments and offensive conduct, although perhaps inconsistent with institutional standards of federal courts, did not violate due process); Daye, 712 F.2d at 1572 (trial judge's skeptical attitude toward defendant's testimony, and his reinforcement of identification evidence by government witnesses, "approached but did not cross the line that permits [a ruling] that the Constitution has been violated").
The fact that a jury instruction is inadequate by Federal Court direct appeal standards does not mean a petitioner who relies on such an inadequacy will be entitled to habeas relief from a state court conviction. Estelle v. McGuire, 502 U.S. 62, 71-72 (1991). In habeas proceedings challenging state court convictions, relief is available only for constitutional violations. Whether a constitutional violation has occurred will depend upon the evidence in the case and the overall instructions given to the jury. See Cupp v. Naughten, 414 U.S. at 147 (constitutionality determined not by focusing on ailing instruction "in artificial isolation" but by considering effect of instruction "in the context of the overall charge."). See also Henderson v. Kibbe, 431 U.S. 145, 155 (1977) (recognizing that "[a]n omission, or an incomplete instruction, is less likely to be prejudicial than a misstatement of the law" and, therefore, a habeas petitioner whose claim of error involves the failure to give a particular instruction bears an "especially heavy" burden).
Shackling, except in extreme forms, is susceptible to harmless error analysis. Castillo v. Stainer, 997 F.2d at 669. In a habeas case dealing with a state court sentence, the question is whether the shackling "had substantial and injurious effect or influence in determining the jury's verdict." Id. (quoting Brecht v. Abrahamson, 113 S. Ct. 1710, 1714 (1993)). If we are in "grave doubt" whether the error affected the verdict, the error is not harmless. O'Neal v. McAninch, 115 S. Ct. 992, 994 (1995).
The risk of doubt, however, is on the state. Id. at 996 (rejecting language in Brecht v. Abrahamson which places on defendant burden of showing prejudice). See Castillo v. Stainer, 983 F.2d at 149 (finding shackling at trial harmless error because defendant only wore waist chain that could not be seen by jury).
Sunday, December 25, 2011
Mom: Baby Ayla's Dad Didn't Protect Her
Visit msnbc.com for breaking news, world news, and news about the economy
DCYF Screws up Again-Search for missing Maine toddler goes inside home
Search for missing Maine toddler goes inside home - TODAY People - TODAY.com:
WATERVILLE, Maine — Investigators on Thursday put up tape around the home of a 20-month-old girl who's been missing since last weekend as the search for her entered its sixth day.
WATERVILLE, Maine — Investigators on Thursday put up tape around the home of a 20-month-old girl who's been missing since last weekend as the search for her entered its sixth day.
Visit msnbc.com for breaking news, world news, and news about the economy
Ban Forced Psychiatric Medication in Kids
Ban Forced Psychiatric Medication in Kids
Educate Decision Makers Below!
[Action Item Here.]
Natural Solutions Foundation
Your Voice of Global Health & Food Freedom & Justice™
Tiny URL for this Action Item: http://tinyurl.com/NoForcedDrugging
Main Web Page: www.HealthFreedomUSA.org
Stop Forced Psychiatric Drugging of Children!
Tell Your Representatives about HR.2769.
HR.2769 - Parental Consent Act of 2011
Introduced by Rep. Ron Paul (Texas)
Mandated vaccines... 40% of foster care kids drugged...
Rumors of artificial lithium being added to the toxic fluoride in public water...
Here is Thomas.gov summary of the Bill:
HR.2769 - Parental Consent Act of 2011 - Prohibits federal funds from being used to establish or implement any universal or mandatory mental health, psychiatric, or socioemotional screening program.
Prohibits federal education funds from being used to pay any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide consent to mental health screening as the basis of a charge of child abuse, child neglect, medical neglect, or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such charge.
Defines a screening program under this Act as any mental health screening program in which a set of individuals is automatically screened without regard to whether there was a prior indication of a need for mental health treatment, including: (1) any program of state incentive grants to implement recommendations in the July 2003 report of the New Freedom Commission on Mental Health, the State Early Childhood Comprehensive System, grants for TeenScreen, and the Foundations for Learning Grants; and (2) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved.
[Action Item Here.]
Here is Dr. Paul about this issue:
"Maryanne Godboldo, a mother in Michigan, noticed that pills prescribed by her daughter’s doctor were making her condition worse, not better. So Mrs. Godboldo stopped giving them to her. That’s when the trouble began. When Child Protective Services (CPS) bureaucrats became aware that the girl was not receiving her prescribed medication, they decided the child should be taken away from her mother’s custody on grounds of medical neglect. When Ms. Godboldo refused to surrender her daughter to the state, CPS enlisted the help of a police SWAT team! On March 24 of this year a 12 hour standoff ensued and young Ariana was taken into custody. The drug involved was Risperdal, a neuroleptic antipsychotic medication with numerous known side effects. Ms. Godboldo had decided on a more holistic approach for her daughter. She is still engaged in a costly legal battle with the state over Ariana’s treatment and custody.
"This is one example of how government’s increasing proclivity to medicate children with questionable psychiatric drugs violates the rights of parents. Just recently, the Government Accountability Office released a report on the astonishingly high rate of prescriptions for psychotropic drugs for children in the foster care system. It is absolutely astounding that nearly 40% of kids in foster care are on psychotropic drugs, some of them taking up to 5 different pills at a time. Some of these children are under one year of age – too young to safely take over the counter cold medication!"
Ron Paul: No Mandatory "Mental Health" Screening for Children!
Read More at the above site:
Educate Decision Makers Below!
[Action Item Here.]
Natural Solutions Foundation
Your Voice of Global Health & Food Freedom & Justice™
Tiny URL for this Action Item: http://tinyurl.com/NoForcedDrugging
Main Web Page: www.HealthFreedomUSA.org
Stop Forced Psychiatric Drugging of Children!
Tell Your Representatives about HR.2769.
HR.2769 - Parental Consent Act of 2011
Introduced by Rep. Ron Paul (Texas)
Mandated vaccines... 40% of foster care kids drugged...
Rumors of artificial lithium being added to the toxic fluoride in public water...
Here is Thomas.gov summary of the Bill:
HR.2769 - Parental Consent Act of 2011 - Prohibits federal funds from being used to establish or implement any universal or mandatory mental health, psychiatric, or socioemotional screening program.
Prohibits federal education funds from being used to pay any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide consent to mental health screening as the basis of a charge of child abuse, child neglect, medical neglect, or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such charge.
Defines a screening program under this Act as any mental health screening program in which a set of individuals is automatically screened without regard to whether there was a prior indication of a need for mental health treatment, including: (1) any program of state incentive grants to implement recommendations in the July 2003 report of the New Freedom Commission on Mental Health, the State Early Childhood Comprehensive System, grants for TeenScreen, and the Foundations for Learning Grants; and (2) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved.
[Action Item Here.]
Here is Dr. Paul about this issue:
"Maryanne Godboldo, a mother in Michigan, noticed that pills prescribed by her daughter’s doctor were making her condition worse, not better. So Mrs. Godboldo stopped giving them to her. That’s when the trouble began. When Child Protective Services (CPS) bureaucrats became aware that the girl was not receiving her prescribed medication, they decided the child should be taken away from her mother’s custody on grounds of medical neglect. When Ms. Godboldo refused to surrender her daughter to the state, CPS enlisted the help of a police SWAT team! On March 24 of this year a 12 hour standoff ensued and young Ariana was taken into custody. The drug involved was Risperdal, a neuroleptic antipsychotic medication with numerous known side effects. Ms. Godboldo had decided on a more holistic approach for her daughter. She is still engaged in a costly legal battle with the state over Ariana’s treatment and custody.
"This is one example of how government’s increasing proclivity to medicate children with questionable psychiatric drugs violates the rights of parents. Just recently, the Government Accountability Office released a report on the astonishingly high rate of prescriptions for psychotropic drugs for children in the foster care system. It is absolutely astounding that nearly 40% of kids in foster care are on psychotropic drugs, some of them taking up to 5 different pills at a time. Some of these children are under one year of age – too young to safely take over the counter cold medication!"
Ron Paul: No Mandatory "Mental Health" Screening for Children!
Read More at the above site:
Some DHS workers allowed to keep jobs after child deaths
Some DHS workers allowed to keep jobs after child deaths | NewsOK.com:
Agency audit discovered ‘substantial violations,' blatant irresponsibility by child-welfare workers in three deaths
DHS workers are not always fired over mistakes that contributed to children's deaths.
Read more:
Agency audit discovered ‘substantial violations,' blatant irresponsibility by child-welfare workers in three deaths
DHS workers are not always fired over mistakes that contributed to children's deaths.
Read more:
Foster care system puts adoption on table
Foster care system puts adoption on table | New Hampshire NEWS:
My comment:
In all actuality,I doubt Gavin's mother voluntarily relinquished her rights. Maggie Bishop has a knack for stretching the truth. Children wouldn't be in foster care so long, if relative placement was practiced as mandated, before foster care, but in Nashua relatives are told, "Relative placement is NOT an option." Services aren't provided to at risk families before foster placement occurs. Another govt. mandated not followed by Nashua DCYF. If Title IV funding were stopped, DCYF would have to do the job their paid to do. Preserve families, NOT destroy them! The incentive money their receive is for families torn apart.
The result has been kids going back home faster or getting adopted faster, according to Maggie Bishop, the director of the New Hampshire Division of Children, Youth and Families (DCYF).
Kids going back home? Who is she kidding? Many of them shouldn't have been taken in the first place!
My comment:
In all actuality,I doubt Gavin's mother voluntarily relinquished her rights. Maggie Bishop has a knack for stretching the truth. Children wouldn't be in foster care so long, if relative placement was practiced as mandated, before foster care, but in Nashua relatives are told, "Relative placement is NOT an option." Services aren't provided to at risk families before foster placement occurs. Another govt. mandated not followed by Nashua DCYF. If Title IV funding were stopped, DCYF would have to do the job their paid to do. Preserve families, NOT destroy them! The incentive money their receive is for families torn apart.
The result has been kids going back home faster or getting adopted faster, according to Maggie Bishop, the director of the New Hampshire Division of Children, Youth and Families (DCYF).
Kids going back home? Who is she kidding? Many of them shouldn't have been taken in the first place!
Saturday, December 24, 2011
Twas the Night Before Christmas-Dedicated to Austin and Isabella Knightly
I wrote this poem for my grandchildren on Christmas Eve 2007, after they were stolen by Nashua, NH DCYF. Isabella was stolen on October 3rd, 2005 and Austin and Ally were stolen on February 3rd, 2006.
“Twas The Night Before Christmas”
Twas the night before Christmas and all through the house,
Not a grandchild was laughing, not a present in the house,
The stocking’s weren’t hung by the chimney this year,
Because of DCYF, the children wouldn’t be here,
We begged and we pleaded for the children’s return,
But the DCYF Gestapo love to see Grandparent’s squirm,
They claim we’re emotional when we fight for our right’s,
But we’ll never give up this horrible fight,
They’ve made us aware of their corruption this year,
They want all family’s to live in fear,
They’ve taken away what we hold most dear,
They’ve taken away our Grandparent’s Right’s,
We need to stand up and Fight, Fight, Fight,
So the stocking’s are packed away for this year,
I’m sure DCYF won’t shed a tear,
As long as they get their incentive, which they hold so dear,
Grandchildren mean everything, but what does DCYF care?
“Twas The Night Before Christmas”
Twas the night before Christmas and all through the house,
Not a grandchild was laughing, not a present in the house,
The stocking’s weren’t hung by the chimney this year,
Because of DCYF, the children wouldn’t be here,
We begged and we pleaded for the children’s return,
But the DCYF Gestapo love to see Grandparent’s squirm,
They claim we’re emotional when we fight for our right’s,
But we’ll never give up this horrible fight,
They’ve made us aware of their corruption this year,
They want all family’s to live in fear,
They’ve taken away what we hold most dear,
They’ve taken away our Grandparent’s Right’s,
We need to stand up and Fight, Fight, Fight,
So the stocking’s are packed away for this year,
I’m sure DCYF won’t shed a tear,
As long as they get their incentive, which they hold so dear,
Grandchildren mean everything, but what does DCYF care?
“Another Christmas Eve is Here, Our Children Still Aren’t Home”
Austin and Ally-2005-While we were still a Family
Isabella-2005-In the "Chosen" foster stranger's home after not ever spending Christmas with her REAL Family
Another Christmas Eve is here,
It’s been five lonely year’s,
So much pain and suffering,
Trying to fight the tears.
The DCYF child stealers,
Dragged the grandchildren away,
A rogue government agency,
Completely gone astray,
They lie and they scheme,
And take our rights away.
They ONLY care about money,
The children don’t mean a thing,
The Judges are their puppets,
Letting DCYF pull their string’s.
Parent’s have no chance at winning,
No matter what they do,
Innocence doesn’t matter,
And neither does proof,
Evidence means nothing,
When money is to be made,
Off the innocent children and families,
It’s just an agency of greed.
So it’s another lonely Christmas,
The children still aren’t home,
The fight goes on for their return,
A fight we won’t give up.
The children mean the world to us,
And justice will prevail,
Jesus, our Savior,
Will make sure we do not fail,
Our children will come home to us,
And the kidnapper’s will go to jail.
Christmas is a day to celebrate,
The birth of Jesus Christ,
Our children will come home to us,
He will make things right,
For all the families out there,
Fighting this never-ending fight.
Hopefully 2012 will be our year,
When we can finally live again,
And our children who we hold most dear,
The traumatization and drugging will end,
The empty stockings will be filled,
And you will no longer live in fear,
You will be home where you belong,
And no longer shed a tear.
Austin, Ally and Isabella, we love you more than life itself and will never give up this fight for your return. We pray you are safe and being well taken care of. We’ll see you soon. You WILL come home where you belong. Where you’re loved just for being yourselves and money means nothing. Family is ALL that matter’s!
Love ALWAYS and FOREVER, Grammy, Grampie and your ENTIRE REAL Family
MERRY CHRISTMAS EVERYONE AND HAVE A HAPPY NEW YEAR WITH THE RETURN OF ALL OUR STOLEN CHILDREN!
Isabella-2005-In the "Chosen" foster stranger's home after not ever spending Christmas with her REAL Family
Another Christmas Eve is here,
It’s been five lonely year’s,
So much pain and suffering,
Trying to fight the tears.
The DCYF child stealers,
Dragged the grandchildren away,
A rogue government agency,
Completely gone astray,
They lie and they scheme,
And take our rights away.
They ONLY care about money,
The children don’t mean a thing,
The Judges are their puppets,
Letting DCYF pull their string’s.
Parent’s have no chance at winning,
No matter what they do,
Innocence doesn’t matter,
And neither does proof,
Evidence means nothing,
When money is to be made,
Off the innocent children and families,
It’s just an agency of greed.
So it’s another lonely Christmas,
The children still aren’t home,
The fight goes on for their return,
A fight we won’t give up.
The children mean the world to us,
And justice will prevail,
Jesus, our Savior,
Will make sure we do not fail,
Our children will come home to us,
And the kidnapper’s will go to jail.
Christmas is a day to celebrate,
The birth of Jesus Christ,
Our children will come home to us,
He will make things right,
For all the families out there,
Fighting this never-ending fight.
Hopefully 2012 will be our year,
When we can finally live again,
And our children who we hold most dear,
The traumatization and drugging will end,
The empty stockings will be filled,
And you will no longer live in fear,
You will be home where you belong,
And no longer shed a tear.
Austin, Ally and Isabella, we love you more than life itself and will never give up this fight for your return. We pray you are safe and being well taken care of. We’ll see you soon. You WILL come home where you belong. Where you’re loved just for being yourselves and money means nothing. Family is ALL that matter’s!
Love ALWAYS and FOREVER, Grammy, Grampie and your ENTIRE REAL Family
MERRY CHRISTMAS EVERYONE AND HAVE A HAPPY NEW YEAR WITH THE RETURN OF ALL OUR STOLEN CHILDREN!
Friday, December 23, 2011
SPANISH FAMILIES BEG TO KEEP ' STOLEN BABIES ' CASE OPEN.
SPANISH FAMILIES BEG TO KEEP ' STOLEN BABIES ' CASE OPEN.:
Many families affected by the ' stolen babies ' scandal said there suspicions that the investigators were acting very slowly was apparent and they were losing their patience.
Many families affected by the ' stolen babies ' scandal said there suspicions that the investigators were acting very slowly was apparent and they were losing their patience.
School Accused Of Putting Autistic Boy In Duffel Bag
School Accused Of Putting Autistic Boy In Duffel Bag | Fox News:
LOUISVILLE, Ky. – A 9-year-old autistic boy who misbehaved at school was stuffed into a duffel bag and the drawstring pulled tight, according to his mother, who said she found him wiggling inside as a teacher's aide stood by.
Read more:
LOUISVILLE, Ky. – A 9-year-old autistic boy who misbehaved at school was stuffed into a duffel bag and the drawstring pulled tight, according to his mother, who said she found him wiggling inside as a teacher's aide stood by.
Read more:
Distrust of the CPS system
Eagle Forum Blog: Distrust of the CPS system:
I criticized using the Penn State scandal to justify new laws mandating the reporting of suspicions here and here. These comments were initially controversial, as some bloggers asked "who could be against reporting child abuse".
I criticized using the Penn State scandal to justify new laws mandating the reporting of suspicions here and here. These comments were initially controversial, as some bloggers asked "who could be against reporting child abuse".
DHS Official Accused Of DUI, Pot Possession
Legally Kidnapped: DHS Official Accused Of DUI, Pot Possession:
A county director for the Oklahoma Department of Human Services is facing DUI and drug charges, prosecutors said. Katy Blakey has this report.
LK: http://legallykidnapped.blogspot.com
A county director for the Oklahoma Department of Human Services is facing DUI and drug charges, prosecutors said. Katy Blakey has this report.
LK: http://legallykidnapped.blogspot.com
New Hampshire Eugenics
New Hampshire Eugenics:
Number of Victims
The total number of people sterilized under New Hampshire’s sterilization law was 679, of whom 152 were male and 527 (i.e., close to 90%) were female. About 37% of those sterilized were considered mentally ill, and 56% “mentally deficient,” while the remaining 17% belonged to neither category. Given the language of New Hampshire's 1929 sterilization law, this targeted group likely included epileptics.
Period When Sterilizations Occurred
Sterilizations occurred between the 1910s until 1959 (Paul, p. 418).
Temporal Patterns which Sterilizations Occurred:
While a comparatively small number of people were sterilized until 1928, between 1928 and 1931, 39 people were sterilized, but the number soared to 80 in 1932, making this the peak year for sterilizations (Paul, p. 418), with 17 people sterilized that year for every 100,000 residents. Between 1933 and 1937, 188 people were sterilized, which results in about 8 people sterilized for every 100,000 residents per year.
Passage of Laws
New Hampshire’s first sterilization law was enacted in 1917, but it was voluntary and not widely used (Paul, p. 415). In 1921 legislation tried to enact new and revised sterilization laws, which included a more in-depth procedure to prevent the patient from losing their rights. However, not a single one passed (Lombardo, p.97). In 1929, the sexual sterilization act was reenacted as compulsory.
When the law passed, doctors and people in the institutions where sterilizations occurred began to look at ways to have a rapid turnover of people admitted, sterilized and then released from the institution (Reilly p. 98).
Groups Identified in the Law
The first sterilization law of 1917 provided for the sterilization of the “feeble-minded and patients suffering from certain mental diseases, in institutions and at large” (Stone, p. 537). The 1929 law concerned inmate confined in state institutions “afflicted with hereditary forms of insanity that are recurrent, idiocy, imbecility, feeble-mindedness or epilepsy” (Stone, p. 537). It allowed for the sterilization of these individuals if “by law of heredity” they were “likely” to produce offspring with similar traits, and further that the best interests of the individual and state would be served by sterilization. It was notable that the removal of organs was strictly forbidden (Brown, p. 26).
Marriage Laws
The insane and feeble-minded were barred from marriage in New Hampshire unless they were sterilized (Stone, p. 540). Unlike many states, New Hampshire did not have a statute expressly prohibiting the marriage of the “mentally deficient,” and viewed common law marriages between these individuals as legal ( Schuler, p. 304). New Hampshire did try to restrict the marriage of “idiots”, “imbeciles”, and “feebleminded” persons (Schuler, p. 305). Schools were required to file the names of all of these persons who were either 14 years old and in school, or had left school with the state board. Furthermore, the superintendents of State institutions were required to file the names of all people discharged or paroled. This list was used to ensure that people applying for marriage licenses were not “incompetent” (Schuler, pp. 306-307). If an individual had been sterilized, the restrictions would be lifted (Schuler, pp. 310, 315). Any “unfit individual” could marry only if his wife was older than 45 (Schuler, p. 310). If a couple married in violation of these restrictions, the issuer of the marriage license could be fined anywhere from $50-$500, serve 30 days in jail, or both (Schuler, pp. 311, 316).
Process of Law
A portion of the 1929 reenactment states as follows: “Whenever the superintendent of any state or county institution shall be of the opinion that it is for the best interest of the inmate and society that any inmate of the institution under his care should be sexually sterilized, such superintendent is hereby authorized to cause to be performed by some capable surgeon the operation of sterilization on any such inmate [as stated above]” (quoted in Stone, p. 537). Those affected had the right to appeal the sterilization decision to the New Hampshire Supreme Court within 14 days of when the order is issued (Stone, p. 537)
Precipitating Factors and Processes
In 1927 the Supreme Court case Buck v. Bell was decided in favor of the state of Virginia. Around that time, “the [Vermont eugenics] advisory committee agreed to promote a sterilization law and to study the laws in Maine and New Hampshire” (Gallagher, p. 78). On April 18, 1929, New Hampshire re-enacted its sterilization law (Stone, p. 536).
The right of the state to sterilize inmates or patients it determined to be a burden was affirmed in the court case in re Penny N, wherein the New Hampshire Supreme court attempted to outline a way in which sterilization could be approved. This case, in turn rested largely on the decision of a New Jersey court in In re Grady. These cases were very similar in that they both involved a conflict between the guardians of the patient and the state, and that both established the importance the patient’s interest as paramount (Calibey, p, 15).
Groups Targeted and Victimized
For patients sterilized at the New Hampshire State Hospital between 1916 and 1935, one researcher found that sterilizations were primarily performed on women of childbearing age (Stone, p. 538). Little else is known about the socio-economic status.
One victim of Laconia State School for the Feeble-minded is known: Robert Thomas (Bob) Crawford. A video documentary was created, based on his experience there, entitled “Valley of Darkness.” Deemed retarded due to a severe head injury he sustained as an infant, he was abandoned by his parents at Laconia School for the Feeble-minded at age 8, for economic reasons. Though not sterilized, his experiences there shed light on the abusive treatment of many individuals who were sterilized a generation before him. He was confined to Baker residence at Laconia for 17 years from 1960-1977 and released thereafter.
Another such victim was Roberta Gallant, her testimony was taken in 2007by the Community Support Network, Inc. Gallant was born in 1951 and, due to an injury during birth, was diagnosed by a doctor with a “significant disability” along with her sister. Her parents sent her to the Laconia School at the age of five due to their inability to properly care for her and her four other siblings (only one of whom was committed with her). Gallant remained at the school for almost twenty-five years, enduring years of abuse by hospital staff and patients, and beginning work for the school at the age of twelve. Gallant was finally released in 1981, and despite others’ views to the contrary, was able to live independently (Disability Rights Center).
Major Proponents
One proponent was Dr. Charles P. Bancroft, the Superintendent of New Hampshire State Hospital between 1882 and 1917. He was among New Hampshire’s earliest major eugenics advocate and the first in the state to compile heredity data, searching for conditions such emotionalism, hysteria, Huntington's disease and alcoholism. He concluded that genetic factor played a major role in explaining how these disorders arose but conceded the influence of “environmental conditions” (Stone, pp. 536-7).
Betsy Scott Johnson was another proponent for New Hampshire sterilization. She was a social worker for the Laconia State School between the years of 1917-1947. She supported New Hampshire compulsory sterilization program in an article she wrote in 1950 titled “A study of sterilized persons from the Laconia State School.” In it, she claims that the state of New Hampshire saved an estimated 388,974 dollars between the years of 1917 and 1947 due to sterilization (Paul, pp. 416-7).
John Hiram Gerould, a professor of biology at Dartmouth College from 1894 to 1938 was a vocal supporter of positive eugenics. That is, he advocated the encouragement of those with “fit” genes to reproduce. However, Gerould was also a noted supporter of negative eugenics as well, and of sterilization in particular. He did, in fact, teach ongoing courses in eugenics for much of his time at the college, through which he impressed upon his students the importance of eugenics in society. It should, however be noted that, as a eugenicist, Gerould often held more liberal views towards measures that should be taken in the name of eugenics than his colleagues, often advocating birth control and changes to societal structure to encourage “positive” eugenic change (Bongers).
“Feeder Institutions” and Institutions Where Sterilizations Were Performed
(Photo origin: Rootsweb.org; available at http://www.rootsweb.ancestry.com/~asylums/concord_nh/index.html)
The New Hampshire State Hospital in Concord became the institution where the highest number of sterilizations occurred up to 1936 (Stone, p. 537). 155 of the 310 operations were performed there. The number of sterilization at the hospital decreased thereafter compared to Laconia. By 1947, a total of 170 people had been were sterilized there (Paul, p. 415, 418). It is still in operation today. The State of New Hampshire’s website provides a 15-page booklet on the history of the hospital, which does not mention the hospital’s involvement in eugenic sterilizations (New Hampshire Department of Health and Human Services).
(Photo origin: Weirsbeach.com; available at http://www.weirsbeach.com/topten/reason8frame.html)
The Laconia State School for the Feeble-minded is the other noted institution (for an institutional history, see Krumm). 106 of the 310 operations up to 1936 were performed there up until 1936 (Stone, p. 537). By 1947 that total had risen to 264 sterilizations (Paul, p. 415). The School closed formally in 1991, but, nowadays the Laconia School is a prison (Lee) and its website makes no note of its past as a mental institution (New Hampshire Department of Corrections). A few parts of the institution, including the Baker residence where Bob Crawford was confined, remain but are run down today (Lee).
Between 1929 and 1936, 49 sterilizations were performed at “the various county farms of the state” (Stone, p. 537).
Opponents
By the 1950s eugenic ideology had became unfashionable among physicians. Dr. G. Donald Niswander, the acting superintendent for the New Hampshire State Hospital, stated: “I believe that this reduction in operations over the years, with the changes in the hospital administration, likewise there have been changes in the philosophy regarding the sterilization of the mentally ill…if relatives request sterilization they urge to take the matter with their family doctor” (Paul, p. 417). In addition there was a realization that mental illness also has an important environmental component (Stone, p. 537).
Present Day
As recently as 1985, New Hampshire has offered sterilization services, however, these were not compulsory, but instead were offered as birth control services. The state received $1,232,000 from the federal government, $15,000 of which went towards sterilizations (Gold and Macias 1985, pp. 260-262). Despite the seeming shift in New Hampshire’s policies and attitudes toward its eugenic history, there are organizations, such as the Community Support Network, Inc. that attempt to keep the memory of the Laconia School and New Hampshire State Hospital fresh in the minds of the public. Through public forums with showings of the film Lost in Laconia as well as maintenance of a virtual memorial and information center (Community Support Network).
Bibliography
Bongers, Kale S. “Eugenics at Dartmouth College: John Hiram Gerould and Human Heredity” Dartmouth Undergraduate Journal of Science. http://dujs.dartmouth.edu/2007S/bongers.pdf
Brown, Frederick W. 1930. "Eugenic Sterilization in the United States Its Present Status." Annals of the American Academy of Political and Social Science 149, 3: 22-35.
Calibey, Kathryn A. 1981. "Nonconsensual Sterilization of the Mentally Retarded: Analysis of Standards for Judicial Determinations." Western New England Law Review 33,. 4: 689-714.
Community Support Network. “Laconia State School History.” Available at http://www.csni.org/LaconiaStateSchool/index.htm
Disabilites Rights Center. “Memories of A former Resident of Laconia State School, Roberta Gallant.” Available at http://www.drcnh.org/Robertastory.pdf
Gallagher, Nancy L. 1999. Breeding Better Vermonters: The Eugenics Project in the Green Mountain State. Hanover: University Press of New England.
Gold, Rachel B. and Macias, Jennifer. 1985. "Public Funding of Contraceptive, Sterilization and Abortion Services." Family Planning Perspectives 18, 6: 259-64
Krumm, Janet M. 1994. "The History of the Laconia State School." The New Hampshire Challenge 7, 1: 1-8.
Lee, Heather. “His Name is Bob: A Documentary Film: Valley of Darkness” (3Frog Productions). Available at .
Lombardo, Paul. 2008. Three Generations, No Imbeciles, Baltimore:. Johns Hopkins University Press.
New Hampshire Department of Corrections. “State Prison: Lakes Region Facility.” Available at.
New Hampshire Department of Health and Human Services. “History of New Hampshire Hospital.” Available at.
Paul, Julius. 1965. “State Eugenic Sterilization Laws in American Thought and Practice: New Hampshire.” Washington D.C.: Walter Reed Army Institute of Research.
Reilly, Philip R. 1991. The Surgical Solution: The History of Involuntary Sterilizations in the United States. Baltimore: Johns Hopkins University Press.
Schuler, Ruth V. 1940. “Some Aspects of Eugenic Marriage Legislation in the United States.” The Social Service Review 14, 2: 301-16.
Stone, Simon. 1936. “Sexual Sterilization in New Hampshire.” The New England Journal of Medicine 215, 12: 536-46.
Number of Victims
The total number of people sterilized under New Hampshire’s sterilization law was 679, of whom 152 were male and 527 (i.e., close to 90%) were female. About 37% of those sterilized were considered mentally ill, and 56% “mentally deficient,” while the remaining 17% belonged to neither category. Given the language of New Hampshire's 1929 sterilization law, this targeted group likely included epileptics.
Period When Sterilizations Occurred
Sterilizations occurred between the 1910s until 1959 (Paul, p. 418).
Temporal Patterns which Sterilizations Occurred:
While a comparatively small number of people were sterilized until 1928, between 1928 and 1931, 39 people were sterilized, but the number soared to 80 in 1932, making this the peak year for sterilizations (Paul, p. 418), with 17 people sterilized that year for every 100,000 residents. Between 1933 and 1937, 188 people were sterilized, which results in about 8 people sterilized for every 100,000 residents per year.
Passage of Laws
New Hampshire’s first sterilization law was enacted in 1917, but it was voluntary and not widely used (Paul, p. 415). In 1921 legislation tried to enact new and revised sterilization laws, which included a more in-depth procedure to prevent the patient from losing their rights. However, not a single one passed (Lombardo, p.97). In 1929, the sexual sterilization act was reenacted as compulsory.
When the law passed, doctors and people in the institutions where sterilizations occurred began to look at ways to have a rapid turnover of people admitted, sterilized and then released from the institution (Reilly p. 98).
Groups Identified in the Law
The first sterilization law of 1917 provided for the sterilization of the “feeble-minded and patients suffering from certain mental diseases, in institutions and at large” (Stone, p. 537). The 1929 law concerned inmate confined in state institutions “afflicted with hereditary forms of insanity that are recurrent, idiocy, imbecility, feeble-mindedness or epilepsy” (Stone, p. 537). It allowed for the sterilization of these individuals if “by law of heredity” they were “likely” to produce offspring with similar traits, and further that the best interests of the individual and state would be served by sterilization. It was notable that the removal of organs was strictly forbidden (Brown, p. 26).
Marriage Laws
The insane and feeble-minded were barred from marriage in New Hampshire unless they were sterilized (Stone, p. 540). Unlike many states, New Hampshire did not have a statute expressly prohibiting the marriage of the “mentally deficient,” and viewed common law marriages between these individuals as legal ( Schuler, p. 304). New Hampshire did try to restrict the marriage of “idiots”, “imbeciles”, and “feebleminded” persons (Schuler, p. 305). Schools were required to file the names of all of these persons who were either 14 years old and in school, or had left school with the state board. Furthermore, the superintendents of State institutions were required to file the names of all people discharged or paroled. This list was used to ensure that people applying for marriage licenses were not “incompetent” (Schuler, pp. 306-307). If an individual had been sterilized, the restrictions would be lifted (Schuler, pp. 310, 315). Any “unfit individual” could marry only if his wife was older than 45 (Schuler, p. 310). If a couple married in violation of these restrictions, the issuer of the marriage license could be fined anywhere from $50-$500, serve 30 days in jail, or both (Schuler, pp. 311, 316).
Process of Law
A portion of the 1929 reenactment states as follows: “Whenever the superintendent of any state or county institution shall be of the opinion that it is for the best interest of the inmate and society that any inmate of the institution under his care should be sexually sterilized, such superintendent is hereby authorized to cause to be performed by some capable surgeon the operation of sterilization on any such inmate [as stated above]” (quoted in Stone, p. 537). Those affected had the right to appeal the sterilization decision to the New Hampshire Supreme Court within 14 days of when the order is issued (Stone, p. 537)
Precipitating Factors and Processes
In 1927 the Supreme Court case Buck v. Bell was decided in favor of the state of Virginia. Around that time, “the [Vermont eugenics] advisory committee agreed to promote a sterilization law and to study the laws in Maine and New Hampshire” (Gallagher, p. 78). On April 18, 1929, New Hampshire re-enacted its sterilization law (Stone, p. 536).
The right of the state to sterilize inmates or patients it determined to be a burden was affirmed in the court case in re Penny N, wherein the New Hampshire Supreme court attempted to outline a way in which sterilization could be approved. This case, in turn rested largely on the decision of a New Jersey court in In re Grady. These cases were very similar in that they both involved a conflict between the guardians of the patient and the state, and that both established the importance the patient’s interest as paramount (Calibey, p, 15).
Groups Targeted and Victimized
For patients sterilized at the New Hampshire State Hospital between 1916 and 1935, one researcher found that sterilizations were primarily performed on women of childbearing age (Stone, p. 538). Little else is known about the socio-economic status.
One victim of Laconia State School for the Feeble-minded is known: Robert Thomas (Bob) Crawford. A video documentary was created, based on his experience there, entitled “Valley of Darkness.” Deemed retarded due to a severe head injury he sustained as an infant, he was abandoned by his parents at Laconia School for the Feeble-minded at age 8, for economic reasons. Though not sterilized, his experiences there shed light on the abusive treatment of many individuals who were sterilized a generation before him. He was confined to Baker residence at Laconia for 17 years from 1960-1977 and released thereafter.
Another such victim was Roberta Gallant, her testimony was taken in 2007by the Community Support Network, Inc. Gallant was born in 1951 and, due to an injury during birth, was diagnosed by a doctor with a “significant disability” along with her sister. Her parents sent her to the Laconia School at the age of five due to their inability to properly care for her and her four other siblings (only one of whom was committed with her). Gallant remained at the school for almost twenty-five years, enduring years of abuse by hospital staff and patients, and beginning work for the school at the age of twelve. Gallant was finally released in 1981, and despite others’ views to the contrary, was able to live independently (Disability Rights Center).
Major Proponents
One proponent was Dr. Charles P. Bancroft, the Superintendent of New Hampshire State Hospital between 1882 and 1917. He was among New Hampshire’s earliest major eugenics advocate and the first in the state to compile heredity data, searching for conditions such emotionalism, hysteria, Huntington's disease and alcoholism. He concluded that genetic factor played a major role in explaining how these disorders arose but conceded the influence of “environmental conditions” (Stone, pp. 536-7).
Betsy Scott Johnson was another proponent for New Hampshire sterilization. She was a social worker for the Laconia State School between the years of 1917-1947. She supported New Hampshire compulsory sterilization program in an article she wrote in 1950 titled “A study of sterilized persons from the Laconia State School.” In it, she claims that the state of New Hampshire saved an estimated 388,974 dollars between the years of 1917 and 1947 due to sterilization (Paul, pp. 416-7).
John Hiram Gerould, a professor of biology at Dartmouth College from 1894 to 1938 was a vocal supporter of positive eugenics. That is, he advocated the encouragement of those with “fit” genes to reproduce. However, Gerould was also a noted supporter of negative eugenics as well, and of sterilization in particular. He did, in fact, teach ongoing courses in eugenics for much of his time at the college, through which he impressed upon his students the importance of eugenics in society. It should, however be noted that, as a eugenicist, Gerould often held more liberal views towards measures that should be taken in the name of eugenics than his colleagues, often advocating birth control and changes to societal structure to encourage “positive” eugenic change (Bongers).
“Feeder Institutions” and Institutions Where Sterilizations Were Performed
(Photo origin: Rootsweb.org; available at http://www.rootsweb.ancestry.com/~asylums/concord_nh/index.html)
The New Hampshire State Hospital in Concord became the institution where the highest number of sterilizations occurred up to 1936 (Stone, p. 537). 155 of the 310 operations were performed there. The number of sterilization at the hospital decreased thereafter compared to Laconia. By 1947, a total of 170 people had been were sterilized there (Paul, p. 415, 418). It is still in operation today. The State of New Hampshire’s website provides a 15-page booklet on the history of the hospital, which does not mention the hospital’s involvement in eugenic sterilizations (New Hampshire Department of Health and Human Services).
(Photo origin: Weirsbeach.com; available at http://www.weirsbeach.com/topten/reason8frame.html)
The Laconia State School for the Feeble-minded is the other noted institution (for an institutional history, see Krumm). 106 of the 310 operations up to 1936 were performed there up until 1936 (Stone, p. 537). By 1947 that total had risen to 264 sterilizations (Paul, p. 415). The School closed formally in 1991, but, nowadays the Laconia School is a prison (Lee) and its website makes no note of its past as a mental institution (New Hampshire Department of Corrections). A few parts of the institution, including the Baker residence where Bob Crawford was confined, remain but are run down today (Lee).
Between 1929 and 1936, 49 sterilizations were performed at “the various county farms of the state” (Stone, p. 537).
Opponents
By the 1950s eugenic ideology had became unfashionable among physicians. Dr. G. Donald Niswander, the acting superintendent for the New Hampshire State Hospital, stated: “I believe that this reduction in operations over the years, with the changes in the hospital administration, likewise there have been changes in the philosophy regarding the sterilization of the mentally ill…if relatives request sterilization they urge to take the matter with their family doctor” (Paul, p. 417). In addition there was a realization that mental illness also has an important environmental component (Stone, p. 537).
Present Day
As recently as 1985, New Hampshire has offered sterilization services, however, these were not compulsory, but instead were offered as birth control services. The state received $1,232,000 from the federal government, $15,000 of which went towards sterilizations (Gold and Macias 1985, pp. 260-262). Despite the seeming shift in New Hampshire’s policies and attitudes toward its eugenic history, there are organizations, such as the Community Support Network, Inc. that attempt to keep the memory of the Laconia School and New Hampshire State Hospital fresh in the minds of the public. Through public forums with showings of the film Lost in Laconia as well as maintenance of a virtual memorial and information center (Community Support Network).
Bibliography
Bongers, Kale S. “Eugenics at Dartmouth College: John Hiram Gerould and Human Heredity” Dartmouth Undergraduate Journal of Science. http://dujs.dartmouth.edu/2007S/bongers.pdf
Brown, Frederick W. 1930. "Eugenic Sterilization in the United States Its Present Status." Annals of the American Academy of Political and Social Science 149, 3: 22-35.
Calibey, Kathryn A. 1981. "Nonconsensual Sterilization of the Mentally Retarded: Analysis of Standards for Judicial Determinations." Western New England Law Review 33,. 4: 689-714.
Community Support Network. “Laconia State School History.” Available at http://www.csni.org/LaconiaStateSchool/index.htm
Disabilites Rights Center. “Memories of A former Resident of Laconia State School, Roberta Gallant.” Available at http://www.drcnh.org/Robertastory.pdf
Gallagher, Nancy L. 1999. Breeding Better Vermonters: The Eugenics Project in the Green Mountain State. Hanover: University Press of New England.
Gold, Rachel B. and Macias, Jennifer. 1985. "Public Funding of Contraceptive, Sterilization and Abortion Services." Family Planning Perspectives 18, 6: 259-64
Krumm, Janet M. 1994. "The History of the Laconia State School." The New Hampshire Challenge 7, 1: 1-8.
Lee, Heather. “His Name is Bob: A Documentary Film: Valley of Darkness” (3Frog Productions). Available at
Lombardo, Paul. 2008. Three Generations, No Imbeciles, Baltimore:. Johns Hopkins University Press.
New Hampshire Department of Corrections. “State Prison: Lakes Region Facility.” Available at
New Hampshire Department of Health and Human Services. “History of New Hampshire Hospital.” Available at
Paul, Julius. 1965. “State Eugenic Sterilization Laws in American Thought and Practice: New Hampshire.” Washington D.C.: Walter Reed Army Institute of Research.
Reilly, Philip R. 1991. The Surgical Solution: The History of Involuntary Sterilizations in the United States. Baltimore: Johns Hopkins University Press.
Schuler, Ruth V. 1940. “Some Aspects of Eugenic Marriage Legislation in the United States.” The Social Service Review 14, 2: 301-16.
Stone, Simon. 1936. “Sexual Sterilization in New Hampshire.” The New England Journal of Medicine 215, 12: 536-46.
Eugenics and Child Protective Services ~ Connecting the Dots
Eugenics and Child Protective Services ~ Connecting the Dots. - San Jose Crime | Examiner.com:
A series of reports on the realities of foster care, family courts, and social service agencies ~ Part Two.
During the years 1933-1977 The North Carolina Eugenics Board gave it’s social workers unlimited power to have any person sterilized in Its Eugenics program. It’s estimated over 7,600 victims in North Carolina alone included rape victims, child abuse survivors, children who were caught masturbating or having pre-marital sex, children of mothers on welfare, a children in state boarding schools, institutions, or care.
Continue reading on Examiner.com
A series of reports on the realities of foster care, family courts, and social service agencies ~ Part Two.
During the years 1933-1977 The North Carolina Eugenics Board gave it’s social workers unlimited power to have any person sterilized in Its Eugenics program. It’s estimated over 7,600 victims in North Carolina alone included rape victims, child abuse survivors, children who were caught masturbating or having pre-marital sex, children of mothers on welfare, a children in state boarding schools, institutions, or care.
Continue reading on Examiner.com
Thursday, December 22, 2011
A Christmas Message to NH DCYF and The Family Court Judges
A Christmas Message to NH DCYF and The Family Court Judges
Just writing this Christmas message, hoping each and every one of you have the Christmas you deserve. God doesn't take kindly to the abuses you've bestowed upon the innocent families you've torn apart. I hope all that blood money was worth the pain and suffering you've bestowed upon the innocent children and families in NH, especially Nashua, where the Nashua office is the most corrupt in the state.
Your time will come when you will beg forgiveness for your crimes and deceitful practices in the destruction of our families. God MAY forgive you, but I hope not. You are supposed to be helping families, but your greed got in the way. The stolen children are just $$$$$$ signs. Do you count $$$$$$ signs to get to sleep at night? Do you ever worry about the traumatization you've caused these children? Do you have any compassion or are you just the cold, feelingless people you make yourselves out to be? And your Director is the worst. I pray she doesn't have children because she doesn't have what it takes to be a mother OR a protector of children. For that matter, none of you have what it takes. The only thing you know how to do is Destroy Families!
So here's hoping all you corrupt DCYF worker's and corrupt Family Court Judges, have the Christmas you deserve. A Christmas all alone would be nice, which is just what each and every one of you deserve.
Oh, and I hope you have a miserable New Year. Hopefully, in the unemployment line!
unhappygrammy
Mindy McCready's Mother Wants Grandson Out of Arkansas Foster Care, ASAP
Mindy McCready's Mother Wants Grandson Out of Arkansas Foster Care, ASAP - E! Online:
"Mindy McCready may say she took her son away from his grandma and out of Florida to "protect" him, but right now 5-year-old Zander isn't with any family members at all.
And his grandmother wants to remedy that as soon as possible.
"Mindy McCready may say she took her son away from his grandma and out of Florida to "protect" him, but right now 5-year-old Zander isn't with any family members at all.
And his grandmother wants to remedy that as soon as possible.
DHS foster care lawsuit settlement brings optimism for reform
DHS foster care lawsuit settlement brings optimism for reform | Tulsa World:
Oklahoma is just a few steps from finalizing a transformation of the way it provides care for abused and neglected children.
Read more
Oklahoma is just a few steps from finalizing a transformation of the way it provides care for abused and neglected children.
Read more
New Law Extends Foster Care Emancipation Age in Calif.
New Law Extends Foster Care Emancipation Age in Calif. - capradio.org:
We continue our series on new California laws that take effect January 1st with a look at a measure that could help older teens in the foster care system turn their lives around. The law will extend benefits for foster kids from age 18 to 21.
We continue our series on new California laws that take effect January 1st with a look at a measure that could help older teens in the foster care system turn their lives around. The law will extend benefits for foster kids from age 18 to 21.
Foster Children Under Extra Stress at Christmas
Foster Children Under Extra Stress at Christmas - capradio.org:
The holidays can be overwhelming, but what most of us go through is nothing compared to the stress a child undergoes during his or her first Christmas in foster care.
The holidays can be overwhelming, but what most of us go through is nothing compared to the stress a child undergoes during his or her first Christmas in foster care.
The Psychiatric Drugging of America's Foster Children
Dr. Peter Breggin: The Psychiatric Drugging of America's Foster Children:
The most vulnerable among us are the littlest victims. Young children, torn from their birth families through various, often unspeakable tragedies. These children end up in state supervised foster care and too often are passed from hand to hand, house to house. There were approximately 662,000 children in foster care in the United States in 2010.
The most vulnerable among us are the littlest victims. Young children, torn from their birth families through various, often unspeakable tragedies. These children end up in state supervised foster care and too often are passed from hand to hand, house to house. There were approximately 662,000 children in foster care in the United States in 2010.
NH Right to Life sues for access to grant info
NH Right to Life sues for access to grant info - Boston.com:
CONCORD, N.H.—An anti-abortion group sued a federal health agency on Thursday to find out why Planned Parenthood of New Hampshire was awarded a $1 million grant to help fund family planning clinics in six cities.
CONCORD, N.H.—An anti-abortion group sued a federal health agency on Thursday to find out why Planned Parenthood of New Hampshire was awarded a $1 million grant to help fund family planning clinics in six cities.
Dad Slept With His 12-Year-Old Daughter 500 Times – Had 3 Incest Children – Jailed For UNDER 3 YEARS
Dad Slept With His 12-Year-Old Daughter 500 Times – Had 3 Incest Children – Jailed For UNDER 3 YEARS:
A German father who slept with his daughter over 500 times and produced three incest children was jailed for less than three years on Monday after a court declared he did not rape her.
A German father who slept with his daughter over 500 times and produced three incest children was jailed for less than three years on Monday after a court declared he did not rape her.
Merry Christmas Ed Kelly
I've been requested to post letter's from parent's, screwed over by the Family Court system in NH. Here is one of them for Administrative Family Court Judge Edwin Kelly
Merry Christmas Ed Kelly,
Thanks to you and the sick people in your Family Courts, great numbers of children won't be with their fathers or mothers this Christmas. Fit parents are without their loved ones because your Judges and Marital Masters line their pockets with the hard earned money intended for our children. You are in Breach of your Fiduciary Trust according to 63C Am.Jur.2d, Public Officers and Employees, §247. You are a disgrace. You are not a man. You are the enemy of the child. You are a misanthropic menace to our little children. Over the last month, I've witnessed several fathers and mothers sob miserably because of the abuses your Family Division perpetrates. For my little girl, I'm going to see to it that you are finished in our community. If you had a normal brain, you would have been infuriated by the actions of your subordinates. Instead, you protect them, because you have a mental disease. A true gentleman and State Representative, who is constantly inundated by real complaints about your corrupted compilation of criminals, asked you to look into the nature of the problems before more people get hurt. Your response was to attempt to make trouble for him in the House. That was the day that you proved to everyone just what kind of a morally bankrupt person you really are. From the blood, sweat, and tears of our people, especially our children, enjoy yourself at our expense. Look forward to your reward for screwing us, Ed. Your biggest problem is you. You couldn't be just a crook. You had to take things sooooo far, that you ruined things even for yourself. Instead of working for the people, you work for the BAR Association. You are a failure. You are the Grinch Who Stole Christmas!
David Johnson
63C Am.Jur.2d, Public Officers and Employees, §247* “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer. [1] Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts. [2] That is, a public officer occupies a fiduciary relationship to the political entity on whose behalf he or she serves. [3] and owes a fiduciary duty to the public. [4] It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual. [5] Furthermore, it has been stated that any enterprise undertaken by the public official who tends to weaken public confidence and undermine the sense of security for individual rights is against public policy. Fraud in its elementary common law sense of deceit-and this is one of the meanings that fraud bears [483 U.S. 372] in the statute. See United States v. Dial, 757 F.2d 163, 168 (7th Cir1985) includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public, including, in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them, he is guilty of fraud. McNally v United States 483 U.S. 350 (1987)
Merry Christmas Ed Kelly,
Thanks to you and the sick people in your Family Courts, great numbers of children won't be with their fathers or mothers this Christmas. Fit parents are without their loved ones because your Judges and Marital Masters line their pockets with the hard earned money intended for our children. You are in Breach of your Fiduciary Trust according to 63C Am.Jur.2d, Public Officers and Employees, §247. You are a disgrace. You are not a man. You are the enemy of the child. You are a misanthropic menace to our little children. Over the last month, I've witnessed several fathers and mothers sob miserably because of the abuses your Family Division perpetrates. For my little girl, I'm going to see to it that you are finished in our community. If you had a normal brain, you would have been infuriated by the actions of your subordinates. Instead, you protect them, because you have a mental disease. A true gentleman and State Representative, who is constantly inundated by real complaints about your corrupted compilation of criminals, asked you to look into the nature of the problems before more people get hurt. Your response was to attempt to make trouble for him in the House. That was the day that you proved to everyone just what kind of a morally bankrupt person you really are. From the blood, sweat, and tears of our people, especially our children, enjoy yourself at our expense. Look forward to your reward for screwing us, Ed. Your biggest problem is you. You couldn't be just a crook. You had to take things sooooo far, that you ruined things even for yourself. Instead of working for the people, you work for the BAR Association. You are a failure. You are the Grinch Who Stole Christmas!
David Johnson
63C Am.Jur.2d, Public Officers and Employees, §247* “As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer. [1] Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts. [2] That is, a public officer occupies a fiduciary relationship to the political entity on whose behalf he or she serves. [3] and owes a fiduciary duty to the public. [4] It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual. [5] Furthermore, it has been stated that any enterprise undertaken by the public official who tends to weaken public confidence and undermine the sense of security for individual rights is against public policy. Fraud in its elementary common law sense of deceit-and this is one of the meanings that fraud bears [483 U.S. 372] in the statute. See United States v. Dial, 757 F.2d 163, 168 (7th Cir1985) includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public, including, in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them, he is guilty of fraud. McNally v United States 483 U.S. 350 (1987)
7-Year-Old Girl Asks Santa for Time with Her Dad
7-Year-Old Girl Asks Santa for Time with Her Dad - December 22, 2011:
Elena, the 7-year-old daughter of a Northern California Fathers and Families member, wrote Santa and told him this Christmas she wants flowers, earrings, and a puppy. But #1 on her list was "custady pappers that says I can see my dad more oftan."
Elena, the 7-year-old daughter of a Northern California Fathers and Families member, wrote Santa and told him this Christmas she wants flowers, earrings, and a puppy. But #1 on her list was "custady pappers that says I can see my dad more oftan."
Attorney's first duty is not to the client-Court Puppets
Most people are unaware that if you "contract" with an attorney, you have shot yourself in the foot as you LOSE the right to challenge JURISDICTION. Reason: The attorney IS an "officer of the court" and you have just "contracted" with your ENEMY !
Maritime Law, is what is practiced in all the courts, UNLESS, you present your claim, Sui Juris and by affidavit of Truth and demand the Common Law venue.
Corpus Juris Secundum "The Body of Law" or Legal encyclopedia, Volume 7, Section 4: as quoted:
"Attorney & client: An Attorney's "first" duty is to the Courts (1st) and the public (2nd) and not to the client (3rd),and wherever the duties to an attorney's client "conflict" with those interests that he/she owes his allegiance to, as an officer of the court in the administration of justice, the former must yield to the latter".
BLACK‘S LAW DICTIONARY FIFTH EDITION
The Biggest problem today is that People do not know their own rights & blindly entrust their rights to someone else.
Maritime Law, is what is practiced in all the courts, UNLESS, you present your claim, Sui Juris and by affidavit of Truth and demand the Common Law venue.
Corpus Juris Secundum "The Body of Law" or Legal encyclopedia, Volume 7, Section 4: as quoted:
"Attorney & client: An Attorney's "first" duty is to the Courts (1st) and the public (2nd) and not to the client (3rd),and wherever the duties to an attorney's client "conflict" with those interests that he/she owes his allegiance to, as an officer of the court in the administration of justice, the former must yield to the latter".
BLACK‘S LAW DICTIONARY FIFTH EDITION
The Biggest problem today is that People do not know their own rights & blindly entrust their rights to someone else.
Wednesday, December 21, 2011
SystemSuckology: The Art Of Misleading The Public
Legally Kidnapped: SystemSuckology: The Art Of Misleading The Public:
Now I'm gonna go all psycho-philosophical on you.
The following video is what we call Child Abuse Propaganda. I want you all to really watch this video. I don't mean once. I want you to analyze it, rather tear it apart in your mind. Memorize it. Break it down.
I want you to pick out particular elements. See the truth mixed with lies. See the demonetization of parents and the sympathy building for the heroic CPS Agents who now risk life and limb in theprotecting acquisition and distribution of our children. Watch the body language and pay particularly close attention to the dramatic use of expression. See him make excuses for CPS failures, "We don't have the capacity legally to protect kids..." See how the selective use of statistics is used to inflate the perceptual impact upon the nice people ignorant who only have faith in the system because they have yet to experience the pleasures of a CPS Agent crawling up your ass mixed with the fact that their education comes from the TV, with the information being distributed to the television stations via the public relations departments.
Then understand why the sheep are generally supportive of the child protective industry regardless of the fraud, lies, and the unnecessary destruction of children and families.
I will give you an observation.
The number of calls to the hotline is used to create a perceptual impact upon the influential minds of the ignorant, by being used to represent the number of abused and neglected children in New York City. This does not account for the percentage of calls that are screened out and do not rise to the level where an investigation is warranted, nor does it account for the percentage of cases which are investigated but not substantiated, in which case about 3/4ths of that 60,000 calls would be thrown out the window, thus not actually being an accurate representation.
The rest is up to you.
The important thing to note is that this is a psychological attack on the ignorant. It is how they manufacture support for that which people don't understand, by fluffing the numbers as well as the severity levels and portraying the monsters as heroes. The average Joe is not going to understand what parents who are targeted by the system really go through, as this is the kind of thing that they are bombarded with through the senses of sight and sound all the time. "Something terrible could happen to a child, and there's not much we can do and bla bla bla..."
I do believe that people are generally good and want to do the right thing. The problem is that they are so easily misled as to what the right thing actually is, simply because they see crap like this.
A picture is painted. The truth stays hidden. Reality is half media created.
Posted by LK
LK: http://legallykidnapped.blogspot.com/2011/12/nbcs-melissa-russos-report-on.html#ixzz1hDmXOAM2
Now I'm gonna go all psycho-philosophical on you.
The following video is what we call Child Abuse Propaganda. I want you all to really watch this video. I don't mean once. I want you to analyze it, rather tear it apart in your mind. Memorize it. Break it down.
I want you to pick out particular elements. See the truth mixed with lies. See the demonetization of parents and the sympathy building for the heroic CPS Agents who now risk life and limb in the
Then understand why the sheep are generally supportive of the child protective industry regardless of the fraud, lies, and the unnecessary destruction of children and families.
I will give you an observation.
The number of calls to the hotline is used to create a perceptual impact upon the influential minds of the ignorant, by being used to represent the number of abused and neglected children in New York City. This does not account for the percentage of calls that are screened out and do not rise to the level where an investigation is warranted, nor does it account for the percentage of cases which are investigated but not substantiated, in which case about 3/4ths of that 60,000 calls would be thrown out the window, thus not actually being an accurate representation.
The rest is up to you.
The important thing to note is that this is a psychological attack on the ignorant. It is how they manufacture support for that which people don't understand, by fluffing the numbers as well as the severity levels and portraying the monsters as heroes. The average Joe is not going to understand what parents who are targeted by the system really go through, as this is the kind of thing that they are bombarded with through the senses of sight and sound all the time. "Something terrible could happen to a child, and there's not much we can do and bla bla bla..."
I do believe that people are generally good and want to do the right thing. The problem is that they are so easily misled as to what the right thing actually is, simply because they see crap like this.
A picture is painted. The truth stays hidden. Reality is half media created.
Posted by LK
LK: http://legallykidnapped.blogspot.com/2011/12/nbcs-melissa-russos-report-on.html#ixzz1hDmXOAM2
'A force for change'-Longtime child and family advocate calls it a career
'A force for change'
Rep. Mary Stuart Gile of Concord was cruising the high seas from Russia to Singapore when she learned by email longtime child and family advocate Jack Lightfoot was retiring. Had Gile been home, she just may have marched to Lightfoot's office to change his mind.
Read More:
Rep. Mary Stuart Gile of Concord was cruising the high seas from Russia to Singapore when she learned by email longtime child and family advocate Jack Lightfoot was retiring. Had Gile been home, she just may have marched to Lightfoot's office to change his mind.
Read More:
Foster Strangers in Ohio Get MORE Money to help CPS Steal Our Kids
Foster parents get new agreement - TribToday.com - News, Sports, Jobs, Community Information - Tribune Chronicle - Warren, OH:
WARREN - A new agreement between Trumbull County Children Services and the agency's foster parents calls for, in part, an increase in the daily expense rate given foster parents for child care.
WARREN - A new agreement between Trumbull County Children Services and the agency's foster parents calls for, in part, an increase in the daily expense rate given foster parents for child care.
Child Protective Services and Psychological Evaluations
Know what the DSM IV is and the unfair and unequitable local judicial rules that work against you in a court of law. Understand what to look for in a psych evaluation. DO NOT do an evaluation unless the evaluator agrees to give you copies OF ALL their notes and diagnosis. Let the CPS caseworker and court know that you are willing to do an evaluation but only if the above is complied with. You do have a right to say no based on self incrimination. Voice record the verbal interview.
Wake up Everybody! Rise and Shine! THIS IS WHERE WE DRAW THE LINE IN THE SAND! | ExposingTheRecord.org
Wake up Everybody! Rise and Shine! THIS IS WHERE WE DRAW THE LINE IN THE SAND! | ExposingTheRecord.org:
Yes CPS is indeed a national disgrace, but they have so much force behind them, from the many who haven’t been victimized YET and who roll like stupid cattle and say MOO when their neighbor is foreclosed, or the household de-patriarched, or their progeny swindled away, to the dedicated and modestly paid court system hacks who are in spirit so alien to true community and family, that one could almost imagine viewing them through special sunglasses as an alien species altogether.
Yes CPS is indeed a national disgrace, but they have so much force behind them, from the many who haven’t been victimized YET and who roll like stupid cattle and say MOO when their neighbor is foreclosed, or the household de-patriarched, or their progeny swindled away, to the dedicated and modestly paid court system hacks who are in spirit so alien to true community and family, that one could almost imagine viewing them through special sunglasses as an alien species altogether.
Tuesday, December 20, 2011
Torn Apart: How the Federal Government Separates Parents and Children
Torn Apart: How the Federal Government Separates Parents and Children -- In These Times:
Angelica was born two months premature and carried in that fragile state across the U.S.-Mexico border en route to the meat-processing town of Grand Island, Neb.
Angelica was born two months premature and carried in that fragile state across the U.S.-Mexico border en route to the meat-processing town of Grand Island, Neb.
Parents have to be on their guard as accusations of babies being shaken to death continue to grow
Parents have to be on their guard as accusations of babies being shaken to death continue to grow | Mail Online:
Standing together in the dock of the world’s most famous criminal court stood two confused and sobbing parents, accused of the worst offence imaginable: beating and shaking their own baby to death.
Read more:
Standing together in the dock of the world’s most famous criminal court stood two confused and sobbing parents, accused of the worst offence imaginable: beating and shaking their own baby to death.
Read more:
Monday, December 19, 2011
A Nashua,NH DCYF Horror Story (With Add on's) Edited
A Nashua,NH DCYF Horror Story
(Add on's in BOLD)
On 8/30/05,A new Mother was admitted to Southern New Hampshire Medical Center, in labor with her first child. She was a recovering addict, on Methadone, since the day she found out she was pregnant. She was given methadone, an epidural, pitocin, fentynal and a Morphine IV in labor for 19 ½ hour’s, as the baby was Placenta-Previa. Her daughter was born 8/31/05, healthy and of normal birth weight.
On 9/1/05, the new Mother was told by one of the Nurses her baby was perfectly healthy and would be going home with her on 9/2/05. Documentation from the hospital shows the baby met ALL criteria for discharge. The paper was signed by; Constance Levesque, RN; Margaret Speidel, RN; Laura Parkinson, RN And the hospital Social Worker, Kathy Lizotte.
On the evening of 9/1/05, Janice Watson form Healthy Steps Methadone Program for Pregnant Women, spoke to the Social Worker Kathy Lizotte and told her the baby was withdrawing and needed to be moved to NICU. She was moved at 10 PM that night for observation, as stated by one of the Nurses to the baby’s paternal Aunt. She was NOT moved there for withdrawl symptoms.
On the morning of 9/2/05, the baby’s paternal Aunt went to the hospital to visit the new mother and her child. The mother and Aunt went to NICU, where the mother was handed the wrong baby. A coke addicted baby with no bracelet’s or security alarm on. The Mother told the Nurse it wasn’t her baby. The Nurse argued with her and told her she was hallucinating, that this WAS her baby. The Mother got angry and flipped out. The Nurse finally took the baby and brought back the right baby to the Mother and her Aunt, who also had no bracelet’s or security alarm on, even though they were put on her at the time of her birth. She told the hospital staff she wanted her daughter transferred to St. Joseph’s Hospital and was threatened with being arrested if she tried to transfer her. The baby’s Aunt has filed an Affidavit of the truth with the NH Redress Grievance Committee.
Soon after, on the same day, the new Mother was reported to DCYF by SW Kathy Lizotte, who reported the baby was withdrawing and had illegal drug’s in her system. The Toxicology test result’s weren’t even back until 9/4/05, which showed Morphine in the baby. The morphine given to the Mother in labor.
On or about 9/14/05, a false report was called into DCYF against the new Mother’s sister, who was staying in the grandparents home with her two children. The report stated her children were being molested. They weren’t told by who, or where. They immediately took both children to SNHMC and had them checked. There was NO evidence of any kind of abuse. The next morning they gave the hospital paperwork to DCYF Assessment worker Tracy Roukie. She stated the case was unfounded and would close the case, Edited-but it was NEVER signed by the Supervisor until 9/29/05, so even though the family Believed the case was closed and were told the case was closed, in all actuality it wasn't until it was signed. In cases such as these, unfounded reports "should" be signed the same day the report is deemed UNFOUNDED!
On 9/21/05, DCYF Assessment worker Melissa Deane filed paperwork with the Nashua District Court for abuse and neglect against the new Mother, who never even got to take her daughter home from the hospital.
On 9/26/05, outside of the courtroom, the Grandmother asked for custody of her newborn granddaughter. DCYF Atty. Kate McClure told the Grandmother “not with sexual molestation going on in your house.” The Grandmother asked her what she was talking about and told her no such thing ever happened at HER house. She stated it would be proven in court. The Grandmother told her it wouldn’t, because it never happened. Soon after the Grandmother found out her estranged son-in-law, who didn’t live in her home and never visited the kid’s, was the person accused. There was NO investigation and he was Never questioned.
On 9/26/05, at the Preliminary hearing in District Court, DCYF Atty. Kate McClure told Judge Leary the children WERE being sexually abused in the Grandparent’s home. No proof, nothing. Just hearsay. The new Mother was only allowed to say it wasn’t true, but nothing else. No-one was allowed in the courtroom to support the new Mother. Because of the proven false report, the Grandparent’s were Never allowed custody of their granddaughter. Judge Leary court-ordered the new Mother’s and her newborn’s record’s, but negligently failed to court order the new Mother’s prenatal medical file. Judge Leary ordered foster placement for the newborn, without services to prevent placement as mandated by State and Federal Law.
Edited on 7/13/15- On 9/29/05 the Assessment against
On 9/28/05, DCYF Assessment Worker Melissa Deane tried to make the new Mother sign an application for Title IV-A Funding for services. The new Mother refused to sign as she was NOT on TANF, was NOT eligible for TANF and had NO intentions on signing up for TANF, so Melissa Deane signed it herself, illegally.
On 10/3/05, the newborn was taken by DCYF from the hospital and placed with a couple in Hudson, NH, Mark and Barbara XXXXX, who never had children of their own and who did NOT meet Residence requirement’s in the state of NH, whose first question to Melissa Deane was, “When will we be financially supplemented?”
Before the newborn was taken, a family member called DCYF and spoke to Nashua Supervisor Tracey Gubbin’s requesting the newborn be placed in his home. She responded with, ”Relative placement is NOT an option. The baby is going into foster care, period.”
On 10/31/05,05 the Adjudicatory hearing was held. Again, no-one was allowed in the courtroom. The new Mother’s court-appointed Lawyer, Brian Major, failed to subpoena any witnesses to testify in her behalf, even though he was given a list of witnesses. Janice Watson from Healthy Steps testified for the state. Under oath, she stated the Methadone given to the new Mother in labor didn’t have time to reach the baby, so the Morphine wouldn’t have either. The toxicology report show’s the newborn was NEVER tested for Methadone. At the time, the new Mother didn’t have the Tox report as ALL of her records were kept from her until Feb.06. She was finally given her record’s from the Hospital and the Health Center after her Endocrinologist requested her records. She was diagnosed with Sheehan Syndrome, which is rare in this country, seen more so in third world countries and is caused by bad medical care. In her case, her pituitary gland hemorrhaged in labor due to the natural birth of a placenta previa baby. Her Lawyer refused to let her see her records or make copies, stating the court didn’t pay him enough. When asked why he didn't fight for the mother, he stated, "Because the court is my boss." The new Mother was charged with anticipated Neglect In the future.
On 11/1/05, the new Mother was threatened she would never see her daughter again by CPSW Kris Geno, if she didn’t sign the case plan. Geno told her there would be no funding for visitation or drug testing. There were no services offered before the baby was taken or after.
On 11/2/05 the new Mother filed a motion with the court for new representation and was denied. She filed again on 3/12/06 and on 9/19/07 and was denied, even after stating she would represent herself. There was no signature by any Judge. Brian Major also filed a Motion to Withdraw on 5/06/06 and was denied.
On 12/7/05, the Dispositional hearing was held. Judge Eward Tenney officiated. The new Mother was court-ordered OUT of Methadone treatment in order to regain custody of her daughter, which is both illegal and discriminatory. Judge Tenney court-ordered her into Medical Methadone Detox, a program that didn’t exist in NH and court-ordered her into Odyssey House after she was off the Methadone. CPSW Kris Geno told the new Mother not to start detoxing on her own as it would be too dangerous and guaranteed she would get her into Medical detox after being accepted by Odyssey.
Atty. Brian Major refused to file for a De Novo appeal, stating it would have the same outcome. He also told the Grandmother that if she had told DCYF what they wanted to hear, she would have gotten custody of her granddaughter. They wanted the grandmother to go against her daughter and say that she was using drugs when all she was on was LEGAL Methadone, which was PROVEN.
The grandparents filed for Guardianship of their granddaughter and were denied by Judge James Patten. At the hearing the Judge couldn’t figure out how the new Mother could be charged with abuse or neglect, seeing as she never took her baby home from the hospital. Atty. Kate McClure answered him with “Neglect in the Future. We believe she’ll neglect her in the future.” Judge Patten went along with it.
The new Mother’s sister was arrested by the Nashua PD, while at SNHMC on the evening of 1/19/06 for intoxication, which was later changed to child endangerment, as her 4 yr. old daughter was with her. Her 6 yr. old son was left at home with a babysitter, who left him there alone, sleeping. The two children were placed in the grandparent’s home that night by the PD. Toxicology reports from that night prove there was no alcohol in her system. She was on prescribed medication. Her medical records were also hidden for almost six months.
A Preliminary hearing was held on 1/24/06, where Judge James Leary ruled to leave the two children in the grandparents home, against the objection of DCYF Atty. Darrin Hood-Tucker, who didn’t want the children to have contact with their Aunt because she had an open case. No services were offered to prevent placement in this case either. The sister was also threatened into signing a Case plan, by Anna Salvatore Edlund. She was told the same thing as the new Mother (her sister)was told. If she didn’t sign, she would never see her kid’s again. She was also told to move out of the new apartment she shared with her husband. She was stalked for a week by DCYF, who reported back to her husband. The Aunt and her husband were both told if she didn’t move out, neither of them would see their kid’s again, even though the children were in foster care at the time, not living in their home.
On 1/25/06 the new Mother was arrested on a warrant for charges from 9/29/05, after losing custody of her daughter. Her parent’s bailed her out on or about 2/2/06 due to the need for urgent medical care.
On 2/03/06, the Grandmother went to the courthouse to get the paperwork for the children stating she and her husband had temporary custody. The Grandmother was met by Atty. Tucker who told her DCYF didn’t want the new Mother around her niece and nephew even though Judge Leary knew she lived in the grandparent’s home. She stated , “The Judge has no say. It’s all up to me.” The grandmother called her grandson’s school and had him dismissed and rushed home, afraid DCYF would take him out of school. In a matter of fifteen minutes, DCYF and four Police officers were at the Grandparent’s house. They told the Grandfather they had a court order and a warrant to take the kid’s, but refused to show either. They dragged their grandson down the street kicking and screaming, while the neighbor’s watched in horror. The Grandparent’s just recently found out there was NO court order or warrant. DCYF state in their paperwork, the children were removed because their Aunt was using illegal substances around the children, which wasn’t possible seeing as CPSW Kris Geno was randomly drug testing their Aunt and the only drug in her was legal Methadone from her Methadone treatment program. They also stated there was already a court order in place for no contact, but there wasn’t.
The children were placed in Merrimack, in the foster home of Jessie and David XXXXXXX. In Sept. 06, the grandson tried to hang himself from the bunkbed’s in his room. He then reportedly started showing very violent behavior. Behavior he never experienced before being taken. He was taken to SNHMC by the Merrimack Police, where his family was NOT allowed to see him. CPSW Anna Salvatore told his mother if she didn’t sign for him to be placed in Anna Philbrook Psychiatric Hospital, the Judge would court order it and she would lose all her rights. They transported him to Philbrook. The Doctor told the family he knew what was wrong with him, but he was still put on psycho-tropic medication. The only thing he wanted was to be with his Grampie.
In Feb. 06, the new Mother’s prenatal records and hospital record’s finally surfaced. Her court-appointed puppet refused to file a motion to have them admitted, so her mother tried to get them admitted and was refused by Judge Leary. Prenatal files Judge Leary neglected to order in the first place. Judge Leary told the new Mother to bring in the evidence and when she did, he refused to admit it into evidence. Her puppet also refused to file a motion to have the charges dismissed.
The Grandmother filed motion's with the court for visitation and custody. She received court papers telling her to be at two Review Hearings. After taking off of work both day's, she was NOT admitted into the courtroom. Judge Bamberger officiated. When the Hearing's were over, she was told by the clerk the motions were denied.
The Grandmother was admitted into the courtroom once, after filing a Motion to intervene, for both grandchildren and was again denied by Judge Bamberger.
The new Mother was notified by CPSW Kris Geno at the beginning of March that she was accepted at Odyssey House and needed to be there on 3/08/06, but had to be off methadone. ATTY Major stated Kris Geno was calling everywhere to get the mother into Medical Detox. There were no records or call log’s in the mother’s file to prove she was. The new mother’s mother called everywhere and was told every time, Medical detox had been cut from the budget. There was NO medical detox in NH. It didn’t exist. She then contacted many medical detox facilities in Ma. who agreed to admit the new Mother, but Kris Geno refused to let her go to Ma.
The new Mother started detoxing on her own and was being drug tested. She was then given a date for admittance to Odyssey House on 3/30/06. She was on 85 mgs. of Methadone when she started detoxing and was down to 9 mgs. on 3/28/06, when CPSW Geno called the Methadone Clinic to check on her dosage. She had her last dose on 3/29/06, the morning of her review hearing. CPSW Geno told Judge Leary that the Mother’s doses weren’t going down, the levels weren’t going down and she wasn’t being drug tested. Drug test results from her file show she WAS being drug tested and the level’s were going down. Kris Geno’s call log’s also prove the doses were going down, per the Methadone Clinic. Without any evidence given by Kris Geno, the Mother was denied admittance to Odyssey House. Kris Geno left the courtroom and spoke to the foster stranger’s. She told them, ”Don’t worry. There’s no guarantee she’s going anywhere.”
The new Mother was then accepted into the same type of facility in Ma. Again, Kris Geno refused to let her go with her daughter, but it was alright to let the foster stranger's take her newborn baby out of state, after it was rubberstamped by the Judges who do whatever DCYF tell's them to do.
The new Mother went back to the Methadone Program, now realizing no matter what she did, her daughter would never be returned. She admitted herself into Phoenix House in Keene to detox in Nov. 06. She also was admitted to Serenity Place on 2/23/07 and was temporarily medically discharged on 3/14/07. She was charged the same day with a probation violation for not finishing the program. Judge Raymond Cloutier stated the opposite of this testimony and proof at the TPR hearing, which included his statement that the new Mother’s probation was violated for a dirty drug test. He also stated the new Mother refused to go to Serenity Place as offered and opted to go to Prison instead. DCYF Assessment Worker Melissa Deane testified at the hearing that she didn’t know the new Mother was given morphine in labor. She never investigated. The new Mother’s right’s to her daughter were terminated on 8/1/07. The termination was appealed, but NOT overturned. The Supreme Court decision stated Judge Cloutier made no errors. No, he wrote the opposite of testimony and evidence in his decision but they don't call that errors?
The baby’s father was never contacted by the State of NH. A fictitious man’s right’s were terminated as the father of the baby. The new Mother found that DCYF provided the court with another man’s name, not the father’s name. She filed an affidavit of paternity on 3/6/08 with the Hillsborough County Probate Court. Judge Patten denied ever receiving the affidavit, even though the affidavit was in an objection brief filed by County Attorney Woodard. Judge Patten granted the adoption of the baby on 3/10/08. Her father was denied paternity testing and the right to challenge the adoption of his daughter, twice. During this time, the Grandmother had an appeal pending in Supreme Court to stay the adoption of the baby, after being denied a Motion to Reconsider by Judge Patten twice. The adoption of the baby was granted while the grandmother’s appeal was pending. Again ILLEGAL.
The two grandchildren, that were first placed with their grandparent’s were placed in St. Charles Children’s home in Rochester after their grandson was released from Philbrook hospital. He has since been put on Adderall for ADHD, which he was tested for in Nashua before he was taken and found NOT to have.
The grandparent’s were told NOT to try to contact the home. Their mother was given a new caseworker after not having one for four months. She suggested the grandparent’s call the home, so they did. They were finally allowed monthly visits until the parent-aide brought up the children’s mother’s name, in which their grandson responded with, ”XXXXX isn’t my mother anymore.” He said that’s what he was told. His grandmother told him,”yes she is your mother and always will be no matter what.” That was the last time they saw him.
The Grandmother wrote many letters, all over the State of NH as well as all over the country. NH DHHS Commissioner Nicolas Toumpas finally told DCYF to do a home study with the grandparents for their grandsons placement. It took eight months. The new caseworker started it and told the grandparent’s she wanted XXXXXX placed with them. Then she left DCYF. The adoption worker then took over, whom the grandmother had met at Foster care classes. She also said she was advocating for the grandparents. The Home Study was never totally completed. There was only one visit from DCYF. Nothing else. No proof of finances, no home inspection, nothing. There were many false statements in the home study made by Tracey Gubbins, who signed off the incomplete home study.
After calling Commissioner Toumpas several times, Lorraine Bartlett called and set up a meeting with the grandparent’s, who were denied custody of their grandson. They were then denied an Administrative appeal’s hearing. The Manager of the Aministrative Appeals unit, John Dabuliewicz told the Grandmother they don’t do appeals for people denied placement, but that isn’t what the foster care book’s state. Lorraine Bartlett wanted the Grandparents to sit down with the adoption worker and write a good-bye letter to their grandson, telling him it was okay to move on. They refused. Maggie Bishop told the Grandmother she should have left her daughter in jail to die, stating if it were her child, that’s exactly what she would have done. Then she came back with, “Why isn’t XXXXX dead?”
The two children’s Mother’s records from the night the children were taken were also missing. They were finally given to her almost six months after the kid’s were taken. The criminal charges of being intoxicated and child endangerment were dismissed, due to her new found evidence, but CPSW Salvatore and the CASA worker vowed to make sure the kid’s weren’t returned. The Mother’s court appointed Atty. Diane Griffith filed a Motion with the court on 9/19/06 to have the neglect charges be dismissed and the new evidence be admitted into court. The motion was denied by Judge LaFrancois.
The Mother received paperwork from the Sherriff stating her son’s father’s right’s were being terminated on 9/25/07. The paperwork stated the wrong man. She and her mother told the CPSW this was NOT his father, who responded with, ”Oh well. No big deal.” They were well aware this was NOT her son’s father, as they had in their possession his birth certificate, along with his father’s address and his Social Security number. He was NEVER contacted. He had been deported when her son was a newborn. So they terminated a fictitious man’s rights again.
The Mother’s rights were terminated by Judge Raymond Cloutier in June of 2008. ALL State witnesses testified that the little boy wanted to live with his grandparents. His mother appealed due to errors made by Judge Cloutier, but her case was NOT overturned. Both grandchildren’s illegal adoptions were granted by Judge James Patten of the Hillsborough County Probate Court.
The grandparent’s filed for custody of both children several times. They were denied every time. The grandmother was denied a foster care license also, on the assumption she would not cooperate with DCYF. Would you cooperate after being slandered and victimized by a rogue government agency?
The Grandmother has in her possession, an e-mail from Maggie Bishop, stating a Home Study would be done with the Grandparent's for placement of their Grandson in their home.
The grandmother also has in her possession an e-mail from Lorraine Bartlett which states she and her husband were only afforded the Home Study to show them why they would not be a good placement for their grandson. It also state’s their grandson was in a pre-adoptive home in December of 2009 and his name was already changed, which is illegal.
Judge Bamberger sat on the bench for both daughter’s criminal charges, as well as sitting on the bench many times for their child custody cases. He definitely showed his bias against both of them, stating, “It’s too bad if your children were taken illegally. It’s too late. You didn’t file a De Novo appeal.” Wasn’t that up to their court appointed puppet’s, who both refused? Then why does it go against parent’s? Why are parent’s treated worse than convicted criminal’s?
Relative placement is not an option in Nashua, services are NOT provided to at-risk families before a child is placed in foster care, family and friend’s of the accused are NOT ever allowed into the courtroom, the accused is NOT allowed to speak in court AND court CD’s proving perjury by states witnesses are NEVER given to the accused, even after several motion’s are filed. There is NO Due Process in NH Family Court and NH DCYF are known as the Destroyer’s of Children, Youth and Families.
The “Secret” Court’s need to be opened and jury trial’s for all accused parent’s. That’s the only way to stop the abuse aimed at Children and Families!
unhappygrammy
(Add on's in BOLD)
On 8/30/05,A new Mother was admitted to Southern New Hampshire Medical Center, in labor with her first child. She was a recovering addict, on Methadone, since the day she found out she was pregnant. She was given methadone, an epidural, pitocin, fentynal and a Morphine IV in labor for 19 ½ hour’s, as the baby was Placenta-Previa. Her daughter was born 8/31/05, healthy and of normal birth weight.
On 9/1/05, the new Mother was told by one of the Nurses her baby was perfectly healthy and would be going home with her on 9/2/05. Documentation from the hospital shows the baby met ALL criteria for discharge. The paper was signed by; Constance Levesque, RN; Margaret Speidel, RN; Laura Parkinson, RN And the hospital Social Worker, Kathy Lizotte.
On the evening of 9/1/05, Janice Watson form Healthy Steps Methadone Program for Pregnant Women, spoke to the Social Worker Kathy Lizotte and told her the baby was withdrawing and needed to be moved to NICU. She was moved at 10 PM that night for observation, as stated by one of the Nurses to the baby’s paternal Aunt. She was NOT moved there for withdrawl symptoms.
On the morning of 9/2/05, the baby’s paternal Aunt went to the hospital to visit the new mother and her child. The mother and Aunt went to NICU, where the mother was handed the wrong baby. A coke addicted baby with no bracelet’s or security alarm on. The Mother told the Nurse it wasn’t her baby. The Nurse argued with her and told her she was hallucinating, that this WAS her baby. The Mother got angry and flipped out. The Nurse finally took the baby and brought back the right baby to the Mother and her Aunt, who also had no bracelet’s or security alarm on, even though they were put on her at the time of her birth. She told the hospital staff she wanted her daughter transferred to St. Joseph’s Hospital and was threatened with being arrested if she tried to transfer her. The baby’s Aunt has filed an Affidavit of the truth with the NH Redress Grievance Committee.
Soon after, on the same day, the new Mother was reported to DCYF by SW Kathy Lizotte, who reported the baby was withdrawing and had illegal drug’s in her system. The Toxicology test result’s weren’t even back until 9/4/05, which showed Morphine in the baby. The morphine given to the Mother in labor.
On or about 9/14/05, a false report was called into DCYF against the new Mother’s sister, who was staying in the grandparents home with her two children. The report stated her children were being molested. They weren’t told by who, or where. They immediately took both children to SNHMC and had them checked. There was NO evidence of any kind of abuse. The next morning they gave the hospital paperwork to DCYF Assessment worker Tracy Roukie. She stated the case was unfounded and would close the case, Edited-but it was NEVER signed by the Supervisor until 9/29/05, so even though the family Believed the case was closed and were told the case was closed, in all actuality it wasn't until it was signed. In cases such as these, unfounded reports "should" be signed the same day the report is deemed UNFOUNDED!
On 9/21/05, DCYF Assessment worker Melissa Deane filed paperwork with the Nashua District Court for abuse and neglect against the new Mother, who never even got to take her daughter home from the hospital.
On 9/26/05, outside of the courtroom, the Grandmother asked for custody of her newborn granddaughter. DCYF Atty. Kate McClure told the Grandmother “not with sexual molestation going on in your house.” The Grandmother asked her what she was talking about and told her no such thing ever happened at HER house. She stated it would be proven in court. The Grandmother told her it wouldn’t, because it never happened. Soon after the Grandmother found out her estranged son-in-law, who didn’t live in her home and never visited the kid’s, was the person accused. There was NO investigation and he was Never questioned.
On 9/26/05, at the Preliminary hearing in District Court, DCYF Atty. Kate McClure told Judge Leary the children WERE being sexually abused in the Grandparent’s home. No proof, nothing. Just hearsay. The new Mother was only allowed to say it wasn’t true, but nothing else. No-one was allowed in the courtroom to support the new Mother. Because of the proven false report, the Grandparent’s were Never allowed custody of their granddaughter. Judge Leary court-ordered the new Mother’s and her newborn’s record’s, but negligently failed to court order the new Mother’s prenatal medical file. Judge Leary ordered foster placement for the newborn, without services to prevent placement as mandated by State and Federal Law.
Edited on 7/13/15- On 9/29/05 the Assessment against
On 9/28/05, DCYF Assessment Worker Melissa Deane tried to make the new Mother sign an application for Title IV-A Funding for services. The new Mother refused to sign as she was NOT on TANF, was NOT eligible for TANF and had NO intentions on signing up for TANF, so Melissa Deane signed it herself, illegally.
On 10/3/05, the newborn was taken by DCYF from the hospital and placed with a couple in Hudson, NH, Mark and Barbara XXXXX, who never had children of their own and who did NOT meet Residence requirement’s in the state of NH, whose first question to Melissa Deane was, “When will we be financially supplemented?”
Before the newborn was taken, a family member called DCYF and spoke to Nashua Supervisor Tracey Gubbin’s requesting the newborn be placed in his home. She responded with, ”Relative placement is NOT an option. The baby is going into foster care, period.”
On 10/31/05,05 the Adjudicatory hearing was held. Again, no-one was allowed in the courtroom. The new Mother’s court-appointed Lawyer, Brian Major, failed to subpoena any witnesses to testify in her behalf, even though he was given a list of witnesses. Janice Watson from Healthy Steps testified for the state. Under oath, she stated the Methadone given to the new Mother in labor didn’t have time to reach the baby, so the Morphine wouldn’t have either. The toxicology report show’s the newborn was NEVER tested for Methadone. At the time, the new Mother didn’t have the Tox report as ALL of her records were kept from her until Feb.06. She was finally given her record’s from the Hospital and the Health Center after her Endocrinologist requested her records. She was diagnosed with Sheehan Syndrome, which is rare in this country, seen more so in third world countries and is caused by bad medical care. In her case, her pituitary gland hemorrhaged in labor due to the natural birth of a placenta previa baby. Her Lawyer refused to let her see her records or make copies, stating the court didn’t pay him enough. When asked why he didn't fight for the mother, he stated, "Because the court is my boss." The new Mother was charged with anticipated Neglect In the future.
On 11/1/05, the new Mother was threatened she would never see her daughter again by CPSW Kris Geno, if she didn’t sign the case plan. Geno told her there would be no funding for visitation or drug testing. There were no services offered before the baby was taken or after.
On 11/2/05 the new Mother filed a motion with the court for new representation and was denied. She filed again on 3/12/06 and on 9/19/07 and was denied, even after stating she would represent herself. There was no signature by any Judge. Brian Major also filed a Motion to Withdraw on 5/06/06 and was denied.
On 12/7/05, the Dispositional hearing was held. Judge Eward Tenney officiated. The new Mother was court-ordered OUT of Methadone treatment in order to regain custody of her daughter, which is both illegal and discriminatory. Judge Tenney court-ordered her into Medical Methadone Detox, a program that didn’t exist in NH and court-ordered her into Odyssey House after she was off the Methadone. CPSW Kris Geno told the new Mother not to start detoxing on her own as it would be too dangerous and guaranteed she would get her into Medical detox after being accepted by Odyssey.
Atty. Brian Major refused to file for a De Novo appeal, stating it would have the same outcome. He also told the Grandmother that if she had told DCYF what they wanted to hear, she would have gotten custody of her granddaughter. They wanted the grandmother to go against her daughter and say that she was using drugs when all she was on was LEGAL Methadone, which was PROVEN.
The grandparents filed for Guardianship of their granddaughter and were denied by Judge James Patten. At the hearing the Judge couldn’t figure out how the new Mother could be charged with abuse or neglect, seeing as she never took her baby home from the hospital. Atty. Kate McClure answered him with “Neglect in the Future. We believe she’ll neglect her in the future.” Judge Patten went along with it.
The new Mother’s sister was arrested by the Nashua PD, while at SNHMC on the evening of 1/19/06 for intoxication, which was later changed to child endangerment, as her 4 yr. old daughter was with her. Her 6 yr. old son was left at home with a babysitter, who left him there alone, sleeping. The two children were placed in the grandparent’s home that night by the PD. Toxicology reports from that night prove there was no alcohol in her system. She was on prescribed medication. Her medical records were also hidden for almost six months.
A Preliminary hearing was held on 1/24/06, where Judge James Leary ruled to leave the two children in the grandparents home, against the objection of DCYF Atty. Darrin Hood-Tucker, who didn’t want the children to have contact with their Aunt because she had an open case. No services were offered to prevent placement in this case either. The sister was also threatened into signing a Case plan, by Anna Salvatore Edlund. She was told the same thing as the new Mother (her sister)was told. If she didn’t sign, she would never see her kid’s again. She was also told to move out of the new apartment she shared with her husband. She was stalked for a week by DCYF, who reported back to her husband. The Aunt and her husband were both told if she didn’t move out, neither of them would see their kid’s again, even though the children were in foster care at the time, not living in their home.
On 1/25/06 the new Mother was arrested on a warrant for charges from 9/29/05, after losing custody of her daughter. Her parent’s bailed her out on or about 2/2/06 due to the need for urgent medical care.
On 2/03/06, the Grandmother went to the courthouse to get the paperwork for the children stating she and her husband had temporary custody. The Grandmother was met by Atty. Tucker who told her DCYF didn’t want the new Mother around her niece and nephew even though Judge Leary knew she lived in the grandparent’s home. She stated , “The Judge has no say. It’s all up to me.” The grandmother called her grandson’s school and had him dismissed and rushed home, afraid DCYF would take him out of school. In a matter of fifteen minutes, DCYF and four Police officers were at the Grandparent’s house. They told the Grandfather they had a court order and a warrant to take the kid’s, but refused to show either. They dragged their grandson down the street kicking and screaming, while the neighbor’s watched in horror. The Grandparent’s just recently found out there was NO court order or warrant. DCYF state in their paperwork, the children were removed because their Aunt was using illegal substances around the children, which wasn’t possible seeing as CPSW Kris Geno was randomly drug testing their Aunt and the only drug in her was legal Methadone from her Methadone treatment program. They also stated there was already a court order in place for no contact, but there wasn’t.
The children were placed in Merrimack, in the foster home of Jessie and David XXXXXXX. In Sept. 06, the grandson tried to hang himself from the bunkbed’s in his room. He then reportedly started showing very violent behavior. Behavior he never experienced before being taken. He was taken to SNHMC by the Merrimack Police, where his family was NOT allowed to see him. CPSW Anna Salvatore told his mother if she didn’t sign for him to be placed in Anna Philbrook Psychiatric Hospital, the Judge would court order it and she would lose all her rights. They transported him to Philbrook. The Doctor told the family he knew what was wrong with him, but he was still put on psycho-tropic medication. The only thing he wanted was to be with his Grampie.
In Feb. 06, the new Mother’s prenatal records and hospital record’s finally surfaced. Her court-appointed puppet refused to file a motion to have them admitted, so her mother tried to get them admitted and was refused by Judge Leary. Prenatal files Judge Leary neglected to order in the first place. Judge Leary told the new Mother to bring in the evidence and when she did, he refused to admit it into evidence. Her puppet also refused to file a motion to have the charges dismissed.
The Grandmother filed motion's with the court for visitation and custody. She received court papers telling her to be at two Review Hearings. After taking off of work both day's, she was NOT admitted into the courtroom. Judge Bamberger officiated. When the Hearing's were over, she was told by the clerk the motions were denied.
The Grandmother was admitted into the courtroom once, after filing a Motion to intervene, for both grandchildren and was again denied by Judge Bamberger.
The new Mother was notified by CPSW Kris Geno at the beginning of March that she was accepted at Odyssey House and needed to be there on 3/08/06, but had to be off methadone. ATTY Major stated Kris Geno was calling everywhere to get the mother into Medical Detox. There were no records or call log’s in the mother’s file to prove she was. The new mother’s mother called everywhere and was told every time, Medical detox had been cut from the budget. There was NO medical detox in NH. It didn’t exist. She then contacted many medical detox facilities in Ma. who agreed to admit the new Mother, but Kris Geno refused to let her go to Ma.
The new Mother started detoxing on her own and was being drug tested. She was then given a date for admittance to Odyssey House on 3/30/06. She was on 85 mgs. of Methadone when she started detoxing and was down to 9 mgs. on 3/28/06, when CPSW Geno called the Methadone Clinic to check on her dosage. She had her last dose on 3/29/06, the morning of her review hearing. CPSW Geno told Judge Leary that the Mother’s doses weren’t going down, the levels weren’t going down and she wasn’t being drug tested. Drug test results from her file show she WAS being drug tested and the level’s were going down. Kris Geno’s call log’s also prove the doses were going down, per the Methadone Clinic. Without any evidence given by Kris Geno, the Mother was denied admittance to Odyssey House. Kris Geno left the courtroom and spoke to the foster stranger’s. She told them, ”Don’t worry. There’s no guarantee she’s going anywhere.”
The new Mother was then accepted into the same type of facility in Ma. Again, Kris Geno refused to let her go with her daughter, but it was alright to let the foster stranger's take her newborn baby out of state, after it was rubberstamped by the Judges who do whatever DCYF tell's them to do.
The new Mother went back to the Methadone Program, now realizing no matter what she did, her daughter would never be returned. She admitted herself into Phoenix House in Keene to detox in Nov. 06. She also was admitted to Serenity Place on 2/23/07 and was temporarily medically discharged on 3/14/07. She was charged the same day with a probation violation for not finishing the program. Judge Raymond Cloutier stated the opposite of this testimony and proof at the TPR hearing, which included his statement that the new Mother’s probation was violated for a dirty drug test. He also stated the new Mother refused to go to Serenity Place as offered and opted to go to Prison instead. DCYF Assessment Worker Melissa Deane testified at the hearing that she didn’t know the new Mother was given morphine in labor. She never investigated. The new Mother’s right’s to her daughter were terminated on 8/1/07. The termination was appealed, but NOT overturned. The Supreme Court decision stated Judge Cloutier made no errors. No, he wrote the opposite of testimony and evidence in his decision but they don't call that errors?
The baby’s father was never contacted by the State of NH. A fictitious man’s right’s were terminated as the father of the baby. The new Mother found that DCYF provided the court with another man’s name, not the father’s name. She filed an affidavit of paternity on 3/6/08 with the Hillsborough County Probate Court. Judge Patten denied ever receiving the affidavit, even though the affidavit was in an objection brief filed by County Attorney Woodard. Judge Patten granted the adoption of the baby on 3/10/08. Her father was denied paternity testing and the right to challenge the adoption of his daughter, twice. During this time, the Grandmother had an appeal pending in Supreme Court to stay the adoption of the baby, after being denied a Motion to Reconsider by Judge Patten twice. The adoption of the baby was granted while the grandmother’s appeal was pending. Again ILLEGAL.
The two grandchildren, that were first placed with their grandparent’s were placed in St. Charles Children’s home in Rochester after their grandson was released from Philbrook hospital. He has since been put on Adderall for ADHD, which he was tested for in Nashua before he was taken and found NOT to have.
The grandparent’s were told NOT to try to contact the home. Their mother was given a new caseworker after not having one for four months. She suggested the grandparent’s call the home, so they did. They were finally allowed monthly visits until the parent-aide brought up the children’s mother’s name, in which their grandson responded with, ”XXXXX isn’t my mother anymore.” He said that’s what he was told. His grandmother told him,”yes she is your mother and always will be no matter what.” That was the last time they saw him.
The Grandmother wrote many letters, all over the State of NH as well as all over the country. NH DHHS Commissioner Nicolas Toumpas finally told DCYF to do a home study with the grandparents for their grandsons placement. It took eight months. The new caseworker started it and told the grandparent’s she wanted XXXXXX placed with them. Then she left DCYF. The adoption worker then took over, whom the grandmother had met at Foster care classes. She also said she was advocating for the grandparents. The Home Study was never totally completed. There was only one visit from DCYF. Nothing else. No proof of finances, no home inspection, nothing. There were many false statements in the home study made by Tracey Gubbins, who signed off the incomplete home study.
After calling Commissioner Toumpas several times, Lorraine Bartlett called and set up a meeting with the grandparent’s, who were denied custody of their grandson. They were then denied an Administrative appeal’s hearing. The Manager of the Aministrative Appeals unit, John Dabuliewicz told the Grandmother they don’t do appeals for people denied placement, but that isn’t what the foster care book’s state. Lorraine Bartlett wanted the Grandparents to sit down with the adoption worker and write a good-bye letter to their grandson, telling him it was okay to move on. They refused. Maggie Bishop told the Grandmother she should have left her daughter in jail to die, stating if it were her child, that’s exactly what she would have done. Then she came back with, “Why isn’t XXXXX dead?”
The two children’s Mother’s records from the night the children were taken were also missing. They were finally given to her almost six months after the kid’s were taken. The criminal charges of being intoxicated and child endangerment were dismissed, due to her new found evidence, but CPSW Salvatore and the CASA worker vowed to make sure the kid’s weren’t returned. The Mother’s court appointed Atty. Diane Griffith filed a Motion with the court on 9/19/06 to have the neglect charges be dismissed and the new evidence be admitted into court. The motion was denied by Judge LaFrancois.
The Mother received paperwork from the Sherriff stating her son’s father’s right’s were being terminated on 9/25/07. The paperwork stated the wrong man. She and her mother told the CPSW this was NOT his father, who responded with, ”Oh well. No big deal.” They were well aware this was NOT her son’s father, as they had in their possession his birth certificate, along with his father’s address and his Social Security number. He was NEVER contacted. He had been deported when her son was a newborn. So they terminated a fictitious man’s rights again.
The Mother’s rights were terminated by Judge Raymond Cloutier in June of 2008. ALL State witnesses testified that the little boy wanted to live with his grandparents. His mother appealed due to errors made by Judge Cloutier, but her case was NOT overturned. Both grandchildren’s illegal adoptions were granted by Judge James Patten of the Hillsborough County Probate Court.
The grandparent’s filed for custody of both children several times. They were denied every time. The grandmother was denied a foster care license also, on the assumption she would not cooperate with DCYF. Would you cooperate after being slandered and victimized by a rogue government agency?
The Grandmother has in her possession, an e-mail from Maggie Bishop, stating a Home Study would be done with the Grandparent's for placement of their Grandson in their home.
The grandmother also has in her possession an e-mail from Lorraine Bartlett which states she and her husband were only afforded the Home Study to show them why they would not be a good placement for their grandson. It also state’s their grandson was in a pre-adoptive home in December of 2009 and his name was already changed, which is illegal.
Judge Bamberger sat on the bench for both daughter’s criminal charges, as well as sitting on the bench many times for their child custody cases. He definitely showed his bias against both of them, stating, “It’s too bad if your children were taken illegally. It’s too late. You didn’t file a De Novo appeal.” Wasn’t that up to their court appointed puppet’s, who both refused? Then why does it go against parent’s? Why are parent’s treated worse than convicted criminal’s?
Relative placement is not an option in Nashua, services are NOT provided to at-risk families before a child is placed in foster care, family and friend’s of the accused are NOT ever allowed into the courtroom, the accused is NOT allowed to speak in court AND court CD’s proving perjury by states witnesses are NEVER given to the accused, even after several motion’s are filed. There is NO Due Process in NH Family Court and NH DCYF are known as the Destroyer’s of Children, Youth and Families.
The “Secret” Court’s need to be opened and jury trial’s for all accused parent’s. That’s the only way to stop the abuse aimed at Children and Families!
unhappygrammy
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