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

Isabella Brooke Knightly and Austin Gamez-Knightly
Isabella Brooke Knightly and Austin Gamez-Knightly-ILLEGALLY Kidnapped and ILLEGALLY Adopted Out by the State of New Hampshire

Thursday, May 31, 2012

Second Video Shows Planned Parenthood OKing Sex-Selection Abortion

Second Video Shows Planned Parenthood OKing Sex-Selection Abortion | LifeNews.com:


The pro-life investigative group Live Action has released a second video today showing staff at a Planned Parenthood abortion business helping a woman determine if her unborn child was female so she could have a sex-selection abortion.
The video is second in a new series titled “Gendercide: Sex-Selection in America,” exposing the practice of sex-selective abortion in the United States and how Planned Parenthood and the rest of the abortion industry facilitate the selective elimination of baby girls in the womb.
Read More:

Mom discusses alleged child abuse by adopted mother

Mom discusses alleged child abuse by adopted mother | abc30.com:

"HANFORD, Calif. (KFSN) -- A South Valley mother whose children claim severe child abuse and torture by their adopted mother -- is now fighting to get her children back.
Kelly Morris, 50, is accused of felony child abuse and torture on her four adopted children."

Read More:


Foster parent's fate in jury's hands soon

Foster parent's fate in jury's hands soon | Local | News | The Belleville Intelligencer:


PICTON - A Picton jury could begin deliberating the fate of county foster parent on trial for sex crimes on Monday.
 Read More:

June is False Allegations Month

FAAM Resources » SAVE: Stop Abusive and Violent Environments:

June is False Allegations Month


FAAM Resources

False Allegations Awareness Month Resources
One in 10 persons has been falsely accused of domestic violence, sexual assault, or child abuse. False Allegations Awareness Month is our opportunity to get the word out and bring about change!
Read More:

Transparency is essential to public confidence in the Judiciary. ONLY the Legislative and Executive Branches can protect us


  • By Joseph Kenick

  • “Confidentiality has done more to protect the system than to protect the children in the system,’’ said Michael Nash, chief presiding judge of Los Angeles County’s children’s court. He ruled in January that dependency hearings in his county will be open to the public unless there is proof the child will be harmed. How come we don't have that here in New Hampshire? I begged the court to interview... the children in chambers and MM Cross refused. I pleaded with the GAL to investigate the children's complaints of abuse and she refused. Even when my son told his doctor and his school guidance counselor he was HIT WITH A BAT for pleading to live with me, the 2011 DCYF report states "worker did not formally interview the children at the request of Ms. Kenick". THIS HAS TO CHANGE!
·         The change is usually spurred by a horrific child abuse case or a push from local media to gain access. The beating death of 6-year-old Elisa Izquierdo by her mother prompted the opening of New York family courts in 1997 and the passage of a state open-records law referred to as “Elisa’s Law.’’
But the practice can vary by county or by judge, even in states that are presumed to be open. A New York...Times reporter visited local courtrooms at random last year and found that many were closed with locked doors or hostile deputies.
“Social workers were identified as falsifying records and lying in court, and I heard horror stories from family court judges. The lack of transparency has harmed far too many families and children,’’ Kentucky Rep. Susan Westrom said.“In every state there are lots of people worried and upset that courts are going to be opened and then a few years later everybody forgets the courts were ever closed. The disasters that everybody worried about never happened and there is a modest uptick in attention. It’s constructive,’’ said Matt Fraidin, a law professor at the University of the District of Columbia. Lawyers in Michigan, Missouri, Kansas, Oregon, and Utah told Fraidin no problems have been reported since opening courtrooms there.

Wednesday, May 30, 2012

Govabuse Family Court (From a parents eyes)

Reported Child Abuse Claims Often Difficult to Prove

Reported Child Abuse Claims Often Difficult to Prove:

Note: And that's why only liar's and Psychic wannabees are hired by DCYF. They must steal the child any way they can! And they don't have to worry about the Judges, or should I say the DCYF Puppet's who ALWAYS rule in favor of DCYF. Fraud, perjury, slander, you name it, NH Family Court's are well known for railroading innocent families.

"Newswise — DURHAM, N.H. – Only a quarter of all reported cases of child abuse are found to have sufficient evidence to take action, with higher-income children in rural areas more likely than their urban counterparts to have a report of child abuse substantiated, according to new research from the Carsey Institute at the University of New Hampshire."

Read More:

NH and Ct. DCYF Wannabee Psychic's Predict "Neglect in the Future" to Steal Children

DCYF Wannabee Psychics, in both New Hampshire and Connecticut, steal children on the pretext of anticipated "Neglect in the Future".
In Connecticut, children are taken from their parents for "Predictive Neglect"; see:
http://www.cga.ct.gov/2012/rpt/2012-R-0103.htm
The courts have ruled that predictive neglect exists when a child is in danger of being harmed in the future, even if no harm has presently occurred. The Connecticut Appellate Court has stated that Connecticut's statutes “clearly and explicitly recognize the state's authority to act before harm occurs to protect children whose health and welfare may be adversely affected and not just children whose welfare has been affected. The [person filing the neglect petition] need not show, but simply allege, that there is a potential for harm to occur” (In re Michael D., 58 Conn. App. 119, 123-24 (2000)). Courts also have ruled that under the doctrine, a child can be considered neglected without ever having been under the custody of a parent (In re Jermaine S., 86 Conn. App. 819, 829 (2005)).

In New Hampshire, children are taken from their parent's for "Neglect in the Future".
http://www.childabusestories.org/statedefinitions/new-hampshire-definitions-of-child-abuse-and-neglect

Neglect - Citation: Rev. Stat. § 169-C:3
'Neglected child' means a child:
  • Who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his or her physical, mental, or emotional health, when it is established that his or her health has suffered or is very likely to suffer serious impairment, and the deprivation is not due primarily to the lack of financial means of the parents, guardian, or custodian
Even the Court's go along with this witch hunt. Anything to make money right?
It's time for our State Legislator's to put a stop to this nonsense. No-one can predict the future. Especially NOT DCYF. The only prediction they ever make that comes true, is when they tell you you'll never get your children back, because they already know there is a bias against ALL families in Family Court!

University of Southampton decides to stop teaching social work

University of Southampton decides to stop teaching social work - Toronto Social Issues | Examiner.com:

Every single day hundreds of additional documents, affidavits, reports, news articles, videos, social media postings along with comments are added to the internet's archive. These uploads seem to continually expose social services, child protection services (CPS), social workers incompetence and testify to much evidence of abuse perpetually practiced against children, their families and individuals targeted for profit, through questionable means.
 
Today, if we enter the term CPS fraud or a similar request into our search engine, we are likely to receive anywhere between 4 to 13 million webpages on the subject. This is an unprecedented amount of information against any given discipline.


Read More:

Mom who chose to take daughter off medication files lawsuit, alleges daughter deprived of prosthesis

Mom who chose to take daughter off medication files lawsuit, alleges daughter deprived of prosthesis:



DETROIT - (WXYZ) A local mom chose not to medicate her special needs daughter, so the state took the girl -- and the mom landed in jail. Now she is suing.
Thursday afternoon, Maryanne Godboldo filed a civil rights lawsuit. In it, there are new allegations that her daughter’s prosthetic leg was taken while in state care, to stop the child from trying to get back to her mother.

Read more: 

Missing woman's husband given child custody

WSVN-TV - Missing woman's husband given child custody:



FORT LAUDERDALE, Fla. (WSVN) -- The estranged husband of a missing South Florida mother will be given back custody of his three children.

Read more: 

What's next for baby boy left at city hospital?

What's next for baby boy left at city hospital? | SeacoastOnline.com:

Under New Hampshire's safe haven law, the hospital or other entity caring for the child must notify law enforcement and Department of Health and Human Services officials of the situation within 24 hours.


PORTSMOUTH — A newborn baby boy who was left at Portsmouth Regional Hospital over the weekend remained there Tuesday, hospital spokeswoman Nancy Notis said.
Read More:


Note:The Safe Haven Law is a good thing, but when DCYF get's involved, that's a whole different story.

Maggie Bishop, director of the state Division for Children, Youth & Families, said she could not comment on the specifics of the local case.
"Our role is to provide for the safety of a child in question," she said.
When the baby is released from the hospital, Bishop said, he will most likely be released to the state. Bishop said the state's job in the process is to provide for the baby, while at the same time try to locate his birth parents to help establish future legal guardianship.
"If we were able to find a parent, we would try to work with them to make a long-term legal situation (regarding guardianship)," Bishop said. "If we can't find them, then the baby would go into foster care."
These are the word's of a woman who can NOT be trusted.
Bishop said DCYF will look for the baby's parents for six months before the baby is made available for adoption.
Yes indeed, DCYF will look for the parent's to bring charges against them, making sure any children they have in the future are removed. Guardianship is a crock of bull. NH DCYF very seldom, if ever allows Guardianship. Every child they take into their possession, is placed in foster care and then adopted. That's how they make their money. Guardianship in NH? What's that? There's no money to be made in Guardianship.

Tuesday, May 29, 2012

“PREDICTIVE NEGLECT” CASES BASED ON PARENT’S MENTAL HEALTH

“PREDICTIVE NEGLECT” CASES BASED ON PARENT’S MENTAL HEALTH:

Location:
CHILD ABUSE; MENTAL HEALTH;
Scope:
Connecticut laws/regulations; Court Cases;
OLR Research Report


February 15, 2012 
2012-R-0103
“PREDICTIVE NEGLECT” CASES BASED ON PARENT'S MENTAL HEALTH
By: Hendrik deBoer, Research Fellow
Mark Randall, Research Fellow
You asked for information on child neglect cases where Connecticut courts affirmed the use of the “predictive neglect” doctrine and removed a child from a parent's custody based on that parent's mental illness.
SUMMARY
By law, the Department of Children and Families (DCF) can remove children from their parents' custody and move to terminate parental rights if it believes the children have been neglected. Predictive neglect is a common-law doctrine that the state's child welfare system uses to determine whether neglect has occurred on the basis of conditions that are “injurious to the child's well-being.” Under this doctrine, the child has not been harmed; rather, there is an allegation that the child could be harmed in the future. DCF has regularly relied on the predictive neglect doctrine to both (1) remove children from their parents' custody and (2) terminate parental rights.
DCF policy establishes factors that could constitute predictive neglect. Although the policy does not include a parent's unstable mental health as one such factor, DCF has routinely pointed to such as grounds for removing children from their parents' custody. Likewise, the courts have regularly affirmed these cases and have upheld DCF's removal. In these cases, the courts have insisted that the parties petitioning for removal meet a burden of proof threshold.
CHILD NEGLECT
Definition
The law provides that “[a] child or youth may be found 'neglected' who (A) has been abandoned, (B) is being denied proper care and attention, physically educationally, emotionally or morally, (C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child or youth, or (D) has been abused” (CGS § 46b-120(8))
Process
The law allows DCF, among others, to file a neglect petition with the local Superior Court alleging that a child or youth is “neglected.” Often, this filing is accompanied with a Motion for Order of Temporary Custody (OTC). In these cases, if the court determines, based on affidavits provided by DCF, that there is “reasonable cause to believe that (1) the child or youth is suffering from serious physical illness or serious physical injury or is in immediate physical danger from the child's or youth's surroundings, and (2) that as a result of said conditions, the child's or youth's safety is endangered and immediate removal from such surroundings is necessary to ensure the child's or youth's safety,” the court may issue an ex parte order of temporary custody, placing the child or youth with DCF. In emergency cases, DCF also has the power to initiate a 96-hour administrative hold, allowing the department to immediately take custody of a child or youth without court approval. Following this, the agency must go to court as soon as possible to move for an OTC.
Whether the neglect petition is filed on its own or as part of an OTC, parents are entitled to a neglect trial, a full trial to determine whether the child or youth is “neglected” under state law. DCF has the burden of proof by a preponderance of the evidence in these trials. The court considers any evidence pertinent to the child or youth's living situation and the parent or parents' ability to care for the child or youth. A finding by the court that the child or youth is “neglected” may result in an order of protective supervision, the commitment of the child or youth, a transfer of custody or, in severe cases, termination of parental rights (CGS § 46b-129).
Predictive Neglect
DCF may allege that has a child has been “neglected” based on one or more of the law's four criteria. It is under the third criteria, that the child or youth is “being permitted to live under conditions, circumstances of associations injurious to his or her well-being”, that DCF has invoked, and the courts have recognized, the doctrine of “predictive neglect.”
While state law does not establish the doctrine, the DCF Policy Manual attempts to clarify which situations may qualify as “conditions injurious to the child's well-being” for the purpose of alleging predictive neglect. These include when the child:
1. has witnessed repeated episodes of domestic violence,
2. lives in a home where drug trafficking takes place,
3. is repeatedly exposed to alcohol or substance abuse,
4. is exposed to inappropriate sexual conduct by adult caretakers,
5. is left with inappropriate caretakers,
6. has siblings who have been neglected or abused and the conditions leading to that neglect or abuse have not abated, or
7. is a newborn whose parents are unable to provide adequate care (DCF Policy Manual § 46-3-10)
The courts have ruled that predictive neglect exists when a child is in danger of being harmed in the future, even if no harm has presently occurred. The Connecticut Appellate Court has stated that Connecticut's statutes “clearly and explicitly recognize the state's authority to act before harm occurs to protect children whose health and welfare may be adversely affected and not just children whose welfare has been affected. The [person filing the neglect petition] need not show, but simply allege, that there is a potential for harm to occur” (In re Michael D., 58 Conn. App. 119, 123-24 (2000)). Courts also have ruled that under the doctrine, a child can be considered neglected without ever having been under the custody of a parent (In re Jermaine S., 86 Conn. App. 819, 829 (2005)).
Superior court decisions involving the doctrine of predictive neglect are numerous and have attempted to answer the question as to the “bare minimum of findings” that would be essential to meeting the preponderance of evidence threshold. In the case cited above, the court stated that “[o]ne generalization that emerges from [predictive neglect cases] is that when a parent cohabits with a sexual predator and exposes her children to him, the likelihood is high that a neglect allegation will be sustained. Similarly, a parent who has demonstrated neglectful behavior towards older children will likely raise sufficient alarm to warrant concern about the wellbeing of a newborn. Lastly, chronic abuse of a child, or chronic inability to meet minimal expectations of parenting skills, will sustain a finding that prospective harm to the child of such a parent is predictable” (In re Olivia O., 2007 WL 4239785 (Conn. Super. Ct., Nov. 15, 2007) (internal citations omitted)).
Mental Illness
Although the DCF Policy Manual's list of examples of predictive neglect does not include mental illness, Connecticut courts have consistently considered a parent's mental health as a factor in neglect petitions. For example, a Connecticut trial court has stated that “even chronic mental illness is not alone a ground to support a neglect adjudication. If, however, that proof is successfully coupled with evidence of the impact such illness has or might have upon the child, a finding of predictive neglect can be justly made” (In re Olivia O., 2007 WL 3261395 (Conn. Super. Ct., Aug. 13, 2007) (internal citations omitted)). In reviewing neglect petitions on this basis, Connecticut trial courts have often quoted a predictive neglect case in which the court stated that “[c]ourts have long been supportive of neglect adjudications which are, in effect, based on the prediction that the parent would neglect the child based on the parent's prior conduct or mental illness and the danger such conduct would present to a child left in her care” (In re Eric A., 1999 WL 1328085 (Conn. Super. Ct., Dec. 28, 1999)).
Case law. We found 74 cases in which a Connecticut court considered whether a child or children had been neglected based on the predictive neglect doctrine. This is not an exhaustive list. In 68 of these cases, the court found the child or children to be neglected. We identified 36 cases in which the court specifically cited a parent's or both parents' mental health as a factor in the court's conclusion that the child would be in danger of neglect if allowed to continue living with the parent. In 15 of the 36 cases, the finding of neglect was coupled with a termination of parental rights. Many of these cases involved a child who had been removed from the custody of their parent or parents immediately after birth.
One Connecticut Appellate Court decision provides a thorough analysis of adjudicating a newborn child under the theory of predictive neglect based on a parent's mental health. There, the court adjudicated predictive neglect based upon evidence of the mother having obsessive thoughts of harming herself since she was seven years old. Also, after her child was born and the mother was still in the hospital, the mother reported to the staff that she had obsessive thoughts about hurting herself and the baby. The mother was also diagnosed with obsessive compulsive disorder, and regularly saw a psychiatrist, who had prescribed for her antidepressant and antipsychotic medications. The record also disclosed that the father had suicidal thoughts himself. The court concluded that there was sufficient evidence, as a matter of law, to find the child neglected on the theory of predictive neglect (In re T.K., 105 Conn. App. 502, 509, (2008)).
In comparison, a trial court case represents a circumstance where a child was not found neglected under predictive neglect even though the mother (1) suffered a sudden, but debilitating, psychiatric breakdown and (2) over a span of about two months, spent a total of several weeks in the hospital. Following the breakdown, DCF brought its petition contending that mother's condition was such that she could not provide care for her daughter. DCF asserted that the child was, therefore, predictably susceptible to harm and required the state to intervene on her behalf. The court determined that there was no suggestion that mother brought her condition upon herself by anything she did, or that she could have anticipated or avoided it. Also, aside from this period of acute crisis, there was no indication that the mother was otherwise deficient in any respect as a parent. The case came down to the question of whether Olivia was in present jeopardy during the mother's incapacitation, or in potential jeopardy on account of the lack of an appropriate plan for her protection during that crisis. Unable to affirm these contentions, the court refused to find the child to be neglected (In re Olivia O., 2007 WL 4239785 (Conn. Super. Ct., Nov. 15, 2007)).
HD/MR:ro

Open Family Courts For Accountability AND Transparency

Between CPS/DCYF and the Family Court's, parents and families don't have a chance at winning abuse and neglect cases against them. Not without Open Family Courts. Accountability and transparency in the Family Courts just doesn't happen. Holding these hearings behind closed door's does NOT protect the children by any means. The only ones they protect are the lying CPS/DCYF workers. The workers who believe they are "above the law", because essentially, they are. Their motives are never questioned by the Judges, proof of wrongdoing is unheard of, and evidence of innocence is inadmissible. False Report's, proven false reports and  "hearsay' is all it takes to remove a child from their home.

Ex-Parte hearings are held behind closed doors between the bias Judge and his cohort CPS/DCYF workers, never contacting the parents or family members they are about shaft. Parents and family members who are never allowed to speak up for themselves before their children are stolen by the state. Never allowed to admit evidence proving the CPS/DCYF worker is nothing but a liar. The Family Court Judges only rely on what CPS/DCYF has to say. Nothing else matters, because just like CPS/DCYF, the Family Courts are NEVER held accountable because everything they do is behind closed doors and everyone they screw over is afraid to fight back and let their horror stories be told. And the few that do fight back, do so because they want justice. Justice that can not and will not happen in "Secret" Courts.They're fighting because they were wronged. Because they were slandered and lied about without any proof given to the Court. Not that the Judges would read it any way. Why should they when they believe every word out of the lying worker's mouth's. Why would the Judge bother wasting his time reading facts in any of these cases when he clearly has no respect for the parents and families who walk into his courtroom. Every parent and family member caught in the CPS/DCYF web is considered guilty from the onset of each and every abuse and neglect case and their evidence proving innocence is never admissible in court.

Recent articles like the one below, show Open Court's in child abuse and neglect hearings are the only way to hold CPS/DCYF and the Family Courts accountable and transparent. No more hiding behind the law. No more hiding behind the black robes.
http://articles.boston.com/2012-05-28/news/31878518_1_child-welfare-open-hearings-dependency-hearings

Proponents say transparency leads to better decisions by putting a spotlight on judges, exposes the blunders of child welfare workers and gives the public a better understanding of how the system works.“Confidentiality has done more to protect the system than to protect the children in the system.’’ 
There are nearly twenty states who hold Open Family Courts and more to come. Hopefully, New Hampshire will be next. We must ALL work together to change the way CPS/DCYF and the Family Courts work. They are supposed to be working for the people. Not for the money to be made off of our innocent children. 
Please contact your State Legislators and express the need for Open Family Courts. Don't wait until your child or grandchild is put up on the CPS/DCYF Auction block!

Video: Planned Parenthood Encourages Woman to Get Sex-Selection Abortion

Video: Planned Parenthood Encourages Woman to Get Sex-Selection Abortion | LifeNews.com:


The investigative pro-life group Live Action, which has released videos exposing the abuses at the Planned Parenthood abortion business across the country, has released a new video today showing a Planned Parenthood abortion clinic in Austin, Texas encouraging a woman to get a sex-selection abortion.
The video shows a Planned Parenthood staffer encouraging the woman to obtain a late-term abortion because she was purportedly carrying a girl and wanted to have a boy. The video is the first in a new series titled “Gendercide: Sex-Selection in America,” that Live Action tells LifeNews will be exposing the practice of sex-selective abortion in the United States and how Planned Parenthood and the rest of the abortion industry facilitate the selective elimination of baby girls in the womb.
Read More:

Model State Legislation Parental Due Process Act

California-National Foster Parent Coalition for Allegation Reform:


There is currently an effort in the State of California to have the model legislation (below) passed in an effort to ensure Parental Due Process in the Juvenile Dependency Courts. The model legislation was written by a team of attorneys at Pacific Justice Institute http://www.pacificjustice.org/ in Sacramento California.
Anyone wishing to get involved and/or support this legislation please contact Greg Smart at cpsvictim@gmail.com
A BILLTo protect the fundamental due process rights of a parent in proceedings to terminate parental rights.
 
SECTION 1. SHORT TITLE.
This shall be cited as the “Parental Due Process Act.”

SECTION 2. FINDINGS AND PURPOSES.(a) FINDINGS- the legislature finds that--
(1) Parental rights are so fundamental to the human condition so as to be deemed inalienable. Termination of parental rights equals or exceeds the detriment of criminal sanctions.
(2) The “liberty interest of parents in the care, custody, and control of their children is perhaps the oldest of the fundamental liberty interests” recognized by the U.S. Supreme Court. Troxel v. Granville, 527 U.S. 1069 (1999). Moreover, the companionship, care, custody, and management of a parent over his or her child is an interest far more precious than any property right. May v. Anderson, 345 U.S. 528, 533, (1952). As such, the parent-child relationship is an important interest that undeniably warrants deference and, absent a powerful countervailing interest, protection. Stanley v. Illinois, 405 U.S. 645 (1972).
(3) State and local family services, child protective agencies, and courts have not recognized the rights of parents as inalienable, and, as a result, have failed to provide fundamental due process rights in the investigation and legal proceedings to determine abuse, neglect, and the termination of parental rights.

(b) PURPOSE- The purpose of this Act is to provide core fundamental due process rights to parents whose parental rights are subject to termination.

SECTION 3. DEFINITIONS.

As used in this Act:
(1) “Hearing” means any judicial or administrative hearing;
(2) “law enforcement officer” means an employee, the duties of whose position are primarily the prevention, investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position, or serving as a probation or pretrial services officer;
(3) “agency” means any state or local government;
(4) “Duress” consists of:

a. Unlawful confinement of the person of the party, or of the husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife;
b. Unlawful detention of the property of any such person; or,
c. Confinement of such person, lawful in form, but fraudulently obtained, or fraudulently made unjustly harassing or oppressive.
(5) “Actual fraud” consists of any of the following acts, committed by a party, or with his connivance, with intent to deceive another party thereto, or to induce him to enter into an agreement or to rely upon it to his detriment:
a. The suggestion, as a fact, of that which is not true by one who does not believe it to be true;
b. The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true;
c. The suppression of that which is true, by one having knowledge or belief of the fact;
d. A promise made without any intention of performing it; or,
e. Any other act fitted to deceive.
(6) “Undue influence” consists of:
a. In the use, by one in whom a confidence is reposed by another,
or who holds a real or apparent authority over him, of such
confidence or authority for the purpose of obtaining an unfair
advantage over him;
b. In taking an unfair advantage of another's weakness of mind; or,
c. In taking a grossly oppressive and unfair advantage of another's necessities or distress.
(7) “Malice" means conduct that is intended by the person to cause injury or despicable conduct that is carried out with a willful and conscious disregard of the rights or safety of others;
(8) “Emergency” means exigent circumstances in which immediate action is required to prevent the imminent physical injury or death of a child.

SECTION 4. HEARINGS OPEN TO THE PUBLIC.

(a) Upon the request of a parent, guardian or custodian, the right to have proceedings open to the public shall be guaranteed in the following circumstances:
(1) any hearing for the purpose of terminating parental rights;
(2) any hearing for the purpose of determining if a child is or has been deprived.
(b) Notwithstanding subsection (a), a judge may, upon consideration of written motion and papers filed in opposition, exclude the public if it is determined, by a preponderance of the evidence, that the safety of the child would be in jeopardy by a public hearing.
If the public is excluded from the hearing, the following people may attend the
closed hearing unless the judge finds it is not in the best interests of the child:

(i) the child's relatives;
(ii) the child's foster parents, if the child resides in foster care; and,
(iii) any person requested by the parent.
SECTION 5. TRIAL BY JURY
Upon the request of a parent, guardian or custodian, the right to a trial by jury shall be guaranteed in the following circumstances:
 (1) any hearing to terminate parental rights;
(2) any hearing to determine if a child is or has been deprived.

SECTION 6. RELIGIOUS/CULTURAL/MORAL/ETHNIC VALUES AND BELIEFS OF PARENTS
In placing the legal custody or guardianship of a child with an individual or a private agency, a court shall take into consideration the religious, cultural, moral and ethnic values of the child or of his/her parents, if such values are known or ascertainable by the exercise of reasonable care.

SECTION 7. ELECTRONIC OR DIGITAL RECORDING OF INTERVIEWS
Except in the case of an emergency, any law enforcement officer, agent or employee for a state’s health and welfare department or child protective services, or mental health professional, who interviews a child for the purposes of investigation, shall electronically and/or digitally cause to be made an audio and visual recording of all questioning of, and interviews with, children. All recordings made pursuant to subsection (a) shall be made available to the parent, guardian or custodian of a child not later than ten days prior to any hearing to terminate parental rights or to determine if a child is or has been deprived.


SECTION 8. EVIDENCE IN FACT-FINDING HEARINGS

(a) Only evidence that is competent, material and relevant may be admitted in a
fact-finding hearing.
(b) Any determination at the conclusion of a fact-finding hearing that
a respondent did an act or acts must be based on proof beyond a
reasonable doubt. For this purpose, an uncorroborated confession made
out of court by a respondent is not sufficient.

SECTION 9. RIGHT TO A SPEEDY TRIAL

(a) In that removal of a child from a home for even brief periods is an extreme hardship on families, upon the request of a parent, guardian or custodian, the right to a speedy trial shall be guaranteed in the following circumstances:
(1) any hearing to terminate parental rights;
(2) any hearing to determine if a child is or has been deprived.
(b) A hearing, as described in subsection a, shall be conducted within thirty days of any type of removal of a child. In the event that the thirtieth day falls on a legal holiday or other day when the court is not in session, the hearing shall be conducted prior to the thirtieth day. In no event shall a hearing be conducted beyond the thirtieth day after the removal of a child if the right to a speedy trial has been exercised.
SECTION 10. WAIVER OF RIGHTS
The rights of a parent or guardian as described in this Act cannot be waived, neither can parental rights be terminated, if said waiver is due to:
(1) mistake;
(2) fraud;
(3) undue influence; or
(4) duress.

SECTION 11. IMMUNITY

(a) Notwithstanding any other provision of law, the civil immunity of juvenile court social workers, agents or employees of a health and welfare department or child protective services or law enforcement official authorized to initiate or conduct investigations or proceedings shall not extend to any of the following:
(1) Perjury;
(2) Fabrication of evidence;
(3) Failure to disclose known exculpatory evidence;
(4) Obtaining testimony by duress, fraud, or undue influence.
(b) Notwithstanding any other provision of law, any prosecutor, investigator, agent or employee of a state’s health and welfare department or child protective services who induces a parent to waive any of his or her rights under this Act by
(1) fraud;
(2) undue influence; or
(3) duress shall be subject to civil liability.

SECTION 12. DAMAGESIn the case of a determination by a court or jury of any violation of a parent’s rights under this Act, damages shall be presumed.

SECTION 13. ATTORNEYS FEES 
Subsections (b) and (c) of section 722 of the Revised Statutes (42 U.S.C. 1988 (b) and (c)) (concerning the award of attorney's and expert fees) shall apply to cases brought or defended under this Act.

SECTION 14. SEVERABILITY
If any provision of this Act or of an amendment made by this Act, or any application of such provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provision to any other person or circumstance shall not be affected. 

OPEN COURT'S ARE A SUCCESS - EXPOSING CPS CORRUPTION

DMVC Productions = Results: OPEN COURT'S ARE A SUCCESS - EXPOSING CPS CORRUPTION:

http://articles.boston.com/2012-05-28/news/31878518_1_child-welfare-open-hearings-dependency-hearings 

Are foster kids helped, harmed by open hearings May 28, 2012|Kelli Kennedy, Associated Press 

Excerpts from the original article my quotes are italicized in response to what was not specified. 

"A California judge’s decision to open a county’s child welfare hearings earlier this year has energized a debate among advocates in other states about whether greater transparency helps or harms the young victims appearing in family court." ... nearly 20 states, including Texas, New York, Florida and Illinois, those hearings are usually open to the public" 

Usually, and open are two different things; if you want accountability usually needs to be ALWAYS because: 

"Proponents say transparency leads to better decisions by putting a spotlight on judges, exposes the blunders of child welfare workers and gives the public a better understanding of how the system works. ... “Confidentiality has done more to protect the system than to protect the children in the system,’’ said Michael Nash, chief presiding judge of Los Angeles County’s children’s court. He ruled in January that dependency hearings in his county will be open to the public unless there is proof the child will be harmed." 


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Abusive Social Worker » RoadKill Radio

On the front lines of change in the risky world of DCF

On the front lines of change in the risky world of DCF | The Connecticut Mirror:


The call for help came from an emergency room nurse. Her patient, the mother of a young son, tried to commit suicide while the boy was home. "She was worried about the kid," Nana-Kyi Johnson, a social worker assigned to the Department of Children and Families' 24-hour hotline, said of the nurse.
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Speak up with host Kevin Avard a Panel Discussion on The NH Consitution The NH Courts & Second Part Article 73A

Honor Student Working Two Jobs Sent to Jail for Missing Classes

Honor Student Working Two Jobs Sent to Jail for Missing Classes | Independent Sentinel:

In a crackdown on truancy, an eleventh grade Texas student who works two jobs to support herself and her siblings, was thrown in jail for 24 hours and ordered to pay a $100 fine.  She missed some classes due to exhaustion and was warned about truancy last year by the same judge.


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Board use of psychic blasted

Board use of psychic blasted | News | Toronto Sun:

The mother of an autistic girl says the public school board was "completely unprofessional" to formulate a theory that her daughter was being sexually abused based on a psychic's perception.


Note: Psychic wannabees who work for NH DCYF, predict "Neglect in the Future" to steal more children!


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Ann Arbor child custody case may spark change in regulations

Ann Arbor child custody case may spark change in regulations:

The case of an Ann Arbor boy whose father accidentally gave him an alcoholic drink at a 2008 Detroit Tigers game may spark changes to the state's protective services regulations.


The legislation includes stricter guidelines for placing children into emergency custody, which is allowed under current state law.


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Are foster kids helped, harmed by open hearings

Are foster kids helped, harmed by open hearings - Boston.com:

A California judge’s decision to open a county’s child welfare hearings earlier this year has energized a debate among advocates in other states about whether greater transparency helps or harms the young victims appearing in family court.

Proponents say transparency leads to better decisions by putting a spotlight on judges, exposes the blunders of child welfare workers and gives the public a better understanding of how the system works.
“Confidentiality has done more to protect the system than to protect the children in the system,’’ said Michael Nash, chief presiding judge of Los Angeles County’s children’s court. He ruled in January that dependency hearings in his county will be open to the public unless there is proof the child will be harmed.
Read More:

Monday, May 28, 2012

'Voluntary' CPS plan has some parents feeling bullied

Hart: 'Voluntary' CPS plan has some parents feeling bullied - Houston Chronicle:

Note: They're NEVER voluntary. Parent's are threatened by CPS to sign or never see their children again!


Two young families in the Houston area suffered unspeakable tragedies in recent months. In one case, a toddler drowned; in another, a new mother was gunned down in a parking lot and her newborn snatched. Both incidents required investigation by law enforcement officials, who as a matter of course, calledChild Protective Services.


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Deepest Thanks to All the Men and Women Serving or Who have Served in Our Military



This Memorial Day, we extend our deepest appreciation for each and every one of you, who are serving, or have served in our Military. Thank you for protecting our Freedom and our great Country and for all the sacrifices you've made. 


Unhappy Grammy

CORRUPTION IN OKLAHOMA FAMILY COURTS AND OKLAHOMA FOSTER CARE SYSTEM

CORRUPTION IN OKLAHOMA FAMILY COURTS AND OKLAHOMA FOSTER CARE SYSTEM « Msfarina603's Blog:


Sound's Familiar. In New Hampshire, I as a Grandparent have been treated the same way.

UNJUSTLY TREATED
RE: CASE# JD- 06 – 180
CASE NAME: MAY DAVIS BENJAMIN WALKER
K# 20347104
MARCH 2 2006 – DATE OF CASE
JUDGE:
ASSOCIATE DISTRICT JUDGE
RICHARD W KIRBY
Hi my name is Farina Thompson,
I’m the maternal and biological grandmother to 5 adorable and wonderful boys that have been in the Oklahoma foster care system, since March 2 2006. I’ve had a TERRIBLE EXPERIENCE WITH THE OKLAHOMA DHS & THE OKLAHOMA FAMILY COURT SYSTEM.. “NIGHTMARE” “HORRIBLE”
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Killed runaway failed by state

Killed runaway failed by state | The Australian:

 "BY the time the 10-year-old runaway girl was killed by a car on a dark country road, the "very traumatised child" had been in 21 foster care placements with 11 different carers."


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Lucky Fetuses - Baby LK Report For May 27th 2012

Sunday, May 27, 2012

Bad Medicine: Child Protective Services is destroying lives and families

Bad Medicine: Child Protective Services is destroying lives and families:

Foster care in America: HHS guidelines undermine child welfare waivers

NCCPR Child Welfare Blog: Foster care in America: HHS guidelines undermine child welfare waivers:

The best chance in decades to get serious about reducing the number of children torn from their families each year is being undermined by the agency that is supposed to make it work.



Last September, Congress restored the authority of the Department of Health and Human Services to issue “waivers” from rules that restrict a huge proportion of federal child welfare aid to funding foster care and only foster care.

Under current law, the foster care money is an open-ended entitlement.  For every “eligible” child placed in foster care – and that’s nearly half of all foster children – the federal government picks up a large share of the cost.  This creates a horrendous incentive: Though foster care costs more than better alternatives in total dollars, there are times when it might cost a state or county less to use foster care because the federal government picks up so much of the tab.


● The best way to improve the “well-being” of children at risk of foster care is to make sure they are never placed in foster care.

● And the best way to improve the “well-being” of foster children is to get them the hell out of foster care.

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Sask. foster care suit launched

Sask. foster care suit launched:

Suggesting the Saskatchewan government failed in its legal responsibilities toward children abused in foster care, a Regina law firm has filed a unique proposed classaction lawsuit.

Read more: 

Caring for children-Relatives need help from state

Caring for children | The Salt Lake Tribune:
Relatives need help from state
It’s often hard for grandparents to restrain themselves from giving advice or even intervening in their children’s family affairs. But most manage to keep quiet, and that’s proper. However, when their grandchildren are victims of neglect or abuse, grandparents — or aunts, uncles or other relatives — should be first on the state’s list of potential foster parents because they already care.


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Crackdown on family court experts

Crackdown on family court experts | Education In US:

Life-changing decisions about families are made in the courts
Fewer decisions about the care of children will be made on the advice of poorly qualified experts in the family courts under government plans. Minimum standards will be introduced later this year to weed out incompetent psychologists and other experts, the justice department said.
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Conference program changes how DHS reunifies families

Conference program changes how DHS reunifies families | Tulsa World:


For decades, the prevailing wisdom in child welfare was to keep the foster and biological families apart and keep information close to the vest. 

Extended family members - such as grandparents, aunts or cousins - were locked out from knowing what happened, where the children were living or how they could help the parents regain custody.

Read more:

Saturday, May 26, 2012

Court rules DHS must provide foster parent information to media

Court rules DHS must provide foster parent information to media | Tulsa World:


Document: Read the rulings by the appeals court in the lawsuit against DHS by the Tulsa World and KOKI: Affirmation of judgement as modified. / Appeal about attorney fees.

An appeals court has upheld a Tulsa district judge's ruling that the Department of Human Services must provide information on foster parents to the Tulsa World and television station KOKI-23.

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Mental Health Declaration of Human Rights

Mental Health Declaration of Human Rights:


by Citizens Commission on Human Rights
All human rights organizations set forth codes by which they align their purposes and activities. The Mental Health Declaration of Human Rights articulates the guiding principles of CCHR and the standards against which human rights violations by psychiatry are relentlessly investigated and exposed.
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Texas biggest winner in federal adoption bonuses

Texas biggest winner in federal adoption bonuses | MedBlog | a Chron.com blog:


Texas won more money than any other state for increasing its number of adoptions in 2009.
The U.S. Department of Health and Human Services awarded $39 million to 38 states and Puerto Rico today for increasing the number of children adopted from foster care.
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Grandparent's Rights Granted In Georgia

HB 1198 2011-2012 Regular Session:


2011-2012 Regular Session - HB 1198
Parent and child; grandparent visitation rights; modify provisions

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Minnesota Governor Dayton Will Not Pass Child Custody Bill

KAALtv.com - Governor Dayton Will Not Pass Child Custody Bill:

(ABC 6 News) -- Friday would have been the final day for Governor Dayton to sign a child custody bill increasing the amount of time each parent has with their child.However, he says he will not sign it.


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Time running short on child custody bill | Lake Wylie Pilot

Time running short on child custody bill | Lake Wylie Pilot - Lake Wylie, SC:

Columbia-Divorce and child custody rulings may see significant changes this week, but they’ll have to hurry.
Time is running short on H 4614, a proposed state law that would require parenting plans for contested custody hearings, court explanation of any decision other than joint custody when either parent seeks it, plans for communication between children and non-custodial parents and a new legislative committee to oversee state Family Court procedure.
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Hanford Woman Accused of Beating Adopted Children

Hanford Woman Accused of Beating Adopted Children:

Kings County authorities have arrested a Hanford woman for allegedly beating her four adopted children.


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3 foster children removed from home of Knox Commissioner Jeff Ownby

State: 3 foster children removed from home of Knox Commissioner Jeff Ownby » Knoxville News Sentinel:

Three foster children have been removed from the home of Knox County Commissioner Jeff Ownby and further admissions of children to the home have been suspended, a state department spokeswoman said Friday.


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Modesto-Family Law Classes-June 2, 16 and 30th

Around the Region (5/26/12) - Around the Region - Modbee.com:

Modesto-Family Law Classes-June 2, 16 and 30th at Noon
Modesto Library
1500 l St.

Read More: http://www.modbee.com/2012/05/25/2216068/around-the-region-52612.html

Friday, May 25, 2012

Judge Behaving Badly? - 48 Hours

Judge Behaving Badly? - 48 Hours - CBS News:

http://www.cbsnews.com/video/watch/?id=675044n&tag=api
June 14, 2006 8:05 AM
A hidden camera caught a New York judge taking money to rule against a mother in a custody case. The judge says it was entrapment. 48 Hours looks at both sides of the story.
A hidden camera caught a New York judge taking money to rule against a mother in a custody case. The judge says it was entrapment. 48 Hours looks at both sides of the story.

Putnam man attacks family judge in complaint

Putnam man attacks family judge in complaint | West Virginia Record:

WINFIELD - The publisher of a Putnam County news site wants the Putnam Circuit Court to vacate the order of a Kanawha County Family Court Judge in his divorce case.


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A System-Suckology Case Study: The Death of Ethan Henderson

Legally Kidnapped: A System-Suckology Case Study: The Death of Ethan Henderson:

The state of Maine has been recognized by the Anne E. Casey Foundation as having a NationalModel Child Welfare System.   The reason for this is that the state has managed to cut the number of kids in foster care in half over the last 10 years, by utilizing more kinship placements and doing more to help the family by giving the parents the support they need, which helps keep children who come to the attention of Maine's Child Protective Services safe in their own homes.   These reforms happened mostly in response to thedeath of a little girl named Logan Marr.

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LK: http://legallykidnapped.blogspot.com/2012/05/system-suckology-case-study-death-of.html#ixzz1vutk5lhG

Man arrested in 1979 missing child case

Man arrested in 1979 missing child case - Nation - The Boston Globe:

NEW YORK (AP) — A man has been arrested in the 1979 disappearance of a 6-year-old New York City boy. It’s the first arrest ever made in a case that helped give rise to the nation’s missing-children movement.
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Accused mother, grandmother sue state

Accused mother, grandmother sue state | Daily World | dailyworld.com:

Two more people who apparently were wrongfully implicated in the alleged aggravated rape and incest of three prepubescent girls have filed separate lawsuits against the Louisiana State Police and the state Office of Children and Family Services.


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Alabama boy, 14, in Foster care charged with murder of half-sister

Alabama boy, 14, charged with murder of half-sister - CNN.com:

(CNN) -- A 14-year-old boy has been charged with murder in the death of his 9-year-old half-sister, whose body was found attached to a rope hanging from a tree, Alabama authorities said Friday.


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