Debate ensues over juvenile court proceedings opening to public

Debate ensues over juvenile court proceedings opening to public » Local News » The Richmond Register:

FRANKFORT — Some juvenile court proceedings may soon be open to the public, but the measure still faces some stiff opposition in the state Senate from some. 
Sen. John Schickel, R-Union, supported the measure and said “much of this is shrouded in secrecy and is self-serving. (The public) needs to know what goes on in these family courts.” 

Fontana Foster Parents Arrested For Child Abuse, Endangerment

Fontana Foster Parents Arrested For Child Abuse, Endangerment « CBS Los Angeles:

FONTANA (CBSLA.com) — A Fontana couple faced charges Thursday for allegedly abusing their foster child, police said.

CPS caseworker says teen accused of putting newborn in trash bin didn't know she was pregnant

CPS caseworker says teen accused of putting newborn in trash bin didn't know she was pregnant (2/27/14 8:08 am):

HOUSTON — A Child Protective Services caseworker has testified that a 16-year-old girl accused of putting her newborn in a Houston trash bin this week didn't know she was pregnant and thought the baby was dead after giving birth in a bathtub.

Missing teen found off-Cape, placed back in state care

Missing teen found off-Cape, placed back in state care | CapeCodOnline.com:

FALMOUTH — A 15-year-old boy missing for six weeks from a group home for foster children was found Thursday and returned to the care of the state, Falmouth police said.

Governor Scott Visits With Child Protective Investigators

Governor Scott Visits With Child Protective Investigators:

WEST PALM BEACH, Fla. - Today, Governor Rick Scott visited Child Protective Investigators to thank them for their dedication to Florida’s children and spoke about his 2014-2015 “It’s Your Money Tax Cut Budget” that commits more than $31 million for child protection services. The additional dollars would be targeted at protecting at-risk children and families by expanding investigation initiatives that are currently being piloted by the Department of Children and Families (DCF).

International expert discusses child welfare

International expert discusses child welfare:

CARBONDALE – With a large crowd in attendance, Brigham Young University Professor Jini Roby offered a grim picture of the U.S.’s child welfare system during a Wednesday lecture at Carbondale Civic Center.

...................children raised in institutional care fell far behind on physical, cognitive and social development. Those who were sent to foster care quickly caught up to their peers, but then plateaued in their development after a period of time.                                                             Children who were never separated by their parents performed the best in every dimension, according to Roby.

Goodyear foster father pleads guilty in child abuse case

Goodyear foster father pleads guilty in child abuse case - CBS 5 - KPHO:

GOODYEAR, AZ (CBS5) -A Valley foster father accused of severely injuring a 15-month-old girl in October has reversed course and pleaded guilty to two counts of child abuse.

Lincolnshire social worker struck off after faking neglected boy's case records

Lincolnshire social worker struck off after faking neglected boy's case records | Lincolnshire Echo:

Sounds like the deceitful practices used in New Hampshire!

A Lincolnshire social worker who attempted to put a neglected boy up for adoption with a new family instead of relatives, has been struck off.

Threats against DCF workers as Vt. toddler death investigated

Threats against DCF workers as Vt. toddler death investigated - WCAX.COM Local Vermont News, Weather and Sports-:
WCAX.COM Local Vermont News, Weather and Sports-

MONTPELIER, Vt.  A prominent Vermont doctor will lead the investigation into practices at the Vermont Department for Children and Families after the death of a Poultney toddler. The toddler's family says the department ignored warnings.

DCF worker accused of falsifying well-being report

DCF worker accused of falsifying well-being report
ORLANDO, Fla. — Investigators said a 38-year-old woman was supposed to be checking up on some of the most vulnerable victims of child abuse and neglect but instead lied in her paperwork to avoid being fired.

Ex-DHHS inspectors say Maine managers ignored child abuse

Ex-DHHS inspectors say Maine managers ignored child abuse | The Portland Press Herald / Maine Sunday Telegram:

Two former state child care inspectors say managers in the Department of Health and Human Services knew about abuse and neglect at day cares but often did nothing, letting staff reports on abuse languish on their desks for months or years and harassing inspectors who pressed for more action.

Hundreds of children may be missing in state child welfare system

Hundreds of children may be missing in state child welfare system - News Local Massachusetts - Boston.com:

Foster child Alisia Laboa just turned 16 this month — but there was no traditional Sweet 16 party for her.

Risperdal Parent Company to Pay $2.2 Billion in One of the Largest Health Care Fraud Settlements in US History

Risperdal Parent Company to Pay $2.2 Billion in One of the Largest Health Care Fraud Settlements in US History | CCHR International:

It is one of the largest health care fraud settlements in United States history. Janssen Pharmaceuticals Inc., and Johnson & Johnson, the parent company of the antipsychotic drug, Risperdal, will pay more than $2.2 billion in criminal and civil investigations.

Justina Pelletier, won’t be moved to foster care

Justina Pelletier, child in year-long custody case, won’t be moved to foster care - Metro - The Boston Globe:
Thank you EVERYONE for standing together and fighting this injustice. Shared Living Collaborative in Merrimac has backed out due to the National attention this case has gotten.
Other facilities are also afraid to take her. Hopefully, she will be going home soon!
A Connecticut teenager in the middle of a year-long custody fight between her parents and the Massachusetts child-protection agency is likely to remain for now at a Framingham residential facility where she’s been for the past month, and not move to a North Shore foster care placement that was discussed in juvenile court Monday, according to two sources briefed on the case.

Drugs For CPS - Baby LK Report For February 23rd 2014

Erin Conway McAleer to oversee DCF changes

Erin Conway McAleer to oversee DCF changes | Boston Herald:
At 33, Erin Conway McAleer is already an established Beacon Hill operative who in 13 short years has risen from intern to former U.S. Sen. John F. Kerry to Gov. Deval Patrick’s director of Cabinet affairs for his eight secretariats. She was named to the $91,350 post last May, and has now been directed to manage an overhaul at the beleaguered Department of Children and Families.

More Mass. DCYF News
DCF to hire retired caseworkers

Gov. Deval Patrick calls in cavalry for DCF

Embattled Mass. child welfare agency gets help

Contempt Charges Filed Against Dad Who Defied Gag Order to Tell Daughter’s Heartbreaking Story

Contempt Charges Filed Against Dad Who Defied Gag Order to Tell Daughter’s Heartbreaking Story | TheBlaze.com:

The Massachusetts Department of Children & Families filed for Lou Pelletier — the father of 15-year-old Justina Pelletier who is the center of a controversy and legal battle involving custody, parents’ rights and two medical diagnoses — to be held in contempt of court, a family source told TheBlaze.

Father of the 15-year-old being held at Boston Children’s Hospital speaks out for the first time

WATCH: Father of the 15-year-old being held at Boston Children’s Hospital speaks out for the first time – Glenn Beck:

Glenn has been talking about the plight of 15-year-old Justina Pelletier and her family for a number of months now. Justina has been kept in Boston Children’s Hospital against her parents’ will since February 2013. The medical facility took custody of her when her parents argued against their daughter’s diagnosis.

Justina Goes To Foster Care, Her Mom Is Rushed To Hospital

Justina Goes To Foster Care, Her Mom Is Rushed To Hospital–Pelletiers Still Denied Custody | The Natural Truth:

It was an eventful day at the courthouse in Boston where Lou and Linda Pelletier tried to get custody of their own, sick 15-year-old daughter.

It was not a good day:

Patrick says forcing DCF chief to resign not helpful to youths

Governor Patrick says DCF boss’s resignation is not in best interest of children - Metro - The Boston Globe:

Commissioner Olga Roche of the Department of Children and Families made it clear to Governor Deval Patrick that she would step down if he asked, the governor said, but Patrick said he does not believe that would be helpful, citing her experience in the field of children’s protective services.

February 20th Grandparents Blog 5 Year Anniversary

February 20th Grandparents Blog 5 Year Anniversary

9307 Posts
798,179 Page views

Here's to another year of fighting for the rights of Children and Families!

Former Daycare Owner Sentenced In Fatal Beating Of Foster Child

Former Daycare Owner Sentenced In Fatal Beating Of Foster Child « CBS Los Angeles:


LOS ANGELES (CBSLA.com) — A South Los Angeles woman convicted of fatally beating a foster child she was trying to adopt was sentenced on Friday.

Child deaths are baked into DCF system

Child deaths are baked into DCF system - Opinion - The Boston Globe:

CHILD WELFARE commissioner Olga Roche is a well-liked, long-time human service administrator who was probably in over her head on day one last spring when she took over the state Department of Children and Families. It’s an axiom of state government that governors in the waning months of their final term don’t have a huge talent pool to draw from. That helps explain how she got tapped for the job.

ADHD Riddle: Are Schools Asking to Drug Kids for Better Test Scores?

ADHD Riddle: Are Schools Asking to Drug Kids for Better Test Scores? - WSJ.com:

In the past two decades, the number of children diagnosed with Attention Deficit Hyperactivity Disorder has nearly doubled. One in five American boys receives a diagnosis by age 17. More than 70% of those who are diagnosed—millions of children—are prescribed drugs.

Prevent Washington’s foster kids from running away

Prevent Washington’s foster kids from running away | Opinion Northwest | Seattle Times:

My Thursday column on sex trafficking and the foster care system opened with a line about the number of wards running away from homes they’ve been placed in by the state.

Texas senators split on how to address sharp rise in foster child deaths

Texas senators split on how to address sharp rise in foster child deaths | Dallas Morning News:

AUSTIN — Senators disagreed sharply Thursday over how to curtail the recent spike in foster child deaths from abuse and neglect, splitting along party lines over funding and caseloads for workers.

Family claims special needs child mistreated at school

KFDM Channel 6 :: News - Top Stories - Family claims special needs child mistreated at school:

Child Protective Services tells KFDM News it's investigating a mother's claim that her daughter was mistreated in her Beaumont ISD special needs class. The mother claims a therapist who works with the 6-year old girl said a teacher struck the child on her hand with a yardstick. The mother also believes her daughter was verbally abused by a teacher's aide.

Foster Kids Drugged Against Their Will Start Speaking Out

Foster Kids Drugged Against Their Will Start Speaking Out - WSJ.com:

Use of Powerful Antipsychotics on Youths in Such Homes Comes Under Greater Scrutiny

Why can’t these children come home?

Why can’t these children come home? - Telegraph:

Earlier this month, I reported the bizarre story of two boys, aged 14 and 11, being hauled out of bed at 7.45am on Christmas Day. They were carried out by four police officers, kicking and shouting, to be handed over – on the orders of a High Court judge – to a father who walked out on them 11 years ago.

CPS: Infants in foster care had bruises, broken bones

CPS: Infants in foster care had bruises, broken bones | Austin News & Weather | Austin Texas, Round Rock, TX | kxan.com:


AUSTIN (KXAN) — Child Protective Services removed 6-week-old twin infants from their foster home last week after they were found with bruises and broken bones.

CPS worker fired after allegedy trying to buy heroin

CPS worker fired after allegedy trying to buy heroin | azfamily.com Phoenix:

PHOENIX -- A state Child Protective Services worker has been fired after being accused of trying to buy drugs from undercover Phoenix police detectives.

The Stealing of American Children-Senator Pam Roach

Is It Because of Infantile Rickets or Child Abuse?

Is It Because of Infantile Rickets or Child Abuse?:

<iframe width="560" height="315" src="//www.youtube.com/embed/dKN_ygDi-sI" frameborder="0" allowfullscreen></iframe>


Click HERE to view the entire interview 

Download Interview Transcript

Visit the Mercola Video Library

Child abuse is a terrible thing. But as evidenced by the work of a select few, including Dr. David Ayoub, thousands of child abuse cases may in fact be misdiagnosed cases of rickets, caused by either vitamin D deficiency or aluminum adjuvants in vaccines, or both.

Appeal judge slams decision which led to baby being taken from parents unjustly

Appeal judge slams decision which led to baby being taken from parents unjustly | Mail Online:

'It must never happen again': Appeal judge slams 'cut and paste' decision in family court which led to social workers taking baby from parents unjustly

• Judges and social workers have been conspiring to remove children unjustly from their parents, scathing High Court ruling said today
• Condemned family court judges for 'clandestine arrangement' in which they rubber-stamped the demands of social workers without fair hearing

Family court judges are ‘in cahoots’ with social workers

Family court judges are ‘in cahoots’ with social workers | The Times:

Courts are routinely removing children from their mothers into care after “cutting and pasting” the arguments put by social services and rubber-stamping them, a senior judge has warned.
Tell us something we didn't already know!

Epic fail by Family Services & Family Courts

Epic fail by Family Services & Family Courts:

A recent article about a woman's efforts to restrict her uncle's access to a child born of an incestuous relationship between the two, when she was 17, highlighted just how flawed the Delaware'sFamily Services and Family Courts are ("Incest victim fights to keep offender away from child," Feb. 9).

More than 125 Oklahoma DHS employees disciplined

More than 125 Oklahoma DHS employees disciplined :: WRAL.com:

OKLAHOMA CITY — Disciplinary records from the Oklahoma Department of Human Service show that more than 125 employees were fired, suspended or demoted during 2013 for various infractions, including one instance of an employee picking up the wrong baby from a day care.

Denise Robertson: Separation from a sibling goes against principles of social work

Denise Robertson: Separation from a sibling goes against principles of social work - Denise Robertson - The Journal:

Sir Martin Narey is advising the Education Secretary on children's social care, Denise Robertson wonders if the advice he's giving is the best

Ex-foster parent found not guilty of assault

Ex-foster parent found not guilty of assault - The Marshall News Messenger: News:

After six hours of deliberating Monday, the jury in the sexual assault of a child case of David Earl Gatewood found the former foster parent not guilty of a molesting a child who was in the care of Child Protective Services.

Former DSS worker’s rape charge cleared

Former DSS worker’s rape charge cleared | Lincoln Times-News:

A Mecklenburg County judge has expunged rape charges against a former unit supervisor with the Lincoln County Department of Social Services.

Take The Child And Run - LK Report For February 17th 2014

The Corrupt Judge Bamberger Steps Down

DMVC Productions = Results : The Corrupt Judge Bamberger Steps Down:

Well it looks like the three or four time divorcee is finally getting off the family court bench, some place he never should have been. And he is doing it with pangs of the realization that he never should have been in the family court arena. After all, divorced three times, maybe four and not one of those woman had a child with him may be the first red flag with this man.

Nashua judge Bamberger, a ‘strong advocate for children,’ set to retire

Nashua judge Bamberger, a ‘strong advocate for children,’ set to retire [Video] - NashuaTelegraph.com:


NASHUA – If you’ve stood before Judge Thomas Bamberger, chances are you remember it.

Don't let the door hit you on the way out!

Judge Thomas E. Bamberger-Chair of Adoptive Families For Children Advisory Board

NH Adoption Agency | Thomas E. Bamberger:
Isn't this a conflict of interest, considering he's a Family Court Judge?
It say's he's an advocate for children and families, but fails to state which families he advocates for. Well it certainly isn't Bio families!  Oh, just got the New's. He's retiring! One down!

Judge Bamberger is an advocate for children and families and has served on several boards concerned with the prevention of child abuse and neglect. Judge Bamberger serves as the chair of the Adoptive Families for Children Advisory Board.

'Alarming' rise seen in drug-addicted infants

'Alarming' rise seen in drug-addicted infants | New Hampshire Health:

Doctors will tell you it's normal for a newborn to cry. But when the tears are accompanied by shaking, shudders - even seizures - a mother might have passed on to her child something other than DNA: a drug addiction.

Note: This article fails to mention mother's given morphine in labor for complications that arise. Anyone with half a brain knows that the morphine will most definitely reach the baby in utero. Anyone except Family Court Judges and DCYF that is. This article also fails to mention how the newborn is taken by the State and placed in Foster care because of the morphine found in the baby. How the State of NH fails to abide by SAMSHA regarding substance abuse treatment. According to SAMSHA Guidelines, NH DCYF and The NH Family Courts ILLEGALLY Order Mother's Out of Methadone Treatment. According to the SAMSHA guidelines - See: Know Your Rights-Rights for Individuals on Medication-Assisted Treatment : NH DCYF and the NH Family Courts (specifically in Nashua), are GUILTY of NOT following Federal Government guidelines pertaining to Mother's receiving Medication Assisted Treatment for substance abuse. According to SAMSHA's book of guidelines at the above link: See Page 12-Section:GOVERNMENT ACTIVITIES, BENEFITS, AND SERVICES The ADA and Rehabilitation Act protect a person in MAT from discrimination by the government in its –• Services – such as health or social services and education andtraining programs• Benefit programs – like welfare or child care assistance and otherforms of financial assistance, such as student loans• Activities – like probation and parole, zoning, occupational licensing,and driver’s licensingIf an individual is “qualified” – meaning the individual meets the eligibilityrequirements of the program or activity involved – the individual may not bedenied the opportunity to participate in or be denied benefits from these andother public services, benefit programs or governmental activities because of adisability. Additionally, individuals in MAT may not be treated less favorably than other individuals simply because they are participating in MAT.Child Welfare System. May judges, prosecuting attorneys, and others in the childwelfare system require parents to end their participation in MAT in order to get theirchildren back or to keep their children?No. Courts and other government agencies may not single out people in MATand require them to stop taking legally prescribed medications. Such arequirement would be no different than telling an insulin-dependent, diabeticparent that she may not have her children back unless she stops taking insulinand addresses her diabetes through nutrition and exercise alone. Courts may,however, require people in MAT to comply with treatment requirements.So why is NH DCYF and the Family Court's getting away with ordering Mother's out of treatment in order to retain custody of their children? Why are these children being taken and never returned? Why aren't DCYF and the Family Court's being charged with Discrimination in the illegal removal and illegal adoption of NH children?

2006 Illegal Adoption Overturned, 9 Yr. Old Girl Returned to Father

2006 Illegal Adoption Overturned, 9 Yr. Old Girl Returned to Father



IN THE COURT OF APPEALS OF TENNESSEE
AT NASHVILLE

Assigned on Briefs October 9, 2009

In re S.J.M.
Appeal from the Chancery Court for Dickson County

No. 10309-06 Robert E. Burch, Judge

No. M2009-01080-COA-R3-PT - Filed November 20, 2009

Father in Nebraska allowed his child’s caregiver to take the child to Tennessee. A strange series of

events led to DCS’s being given custody of the child by the Dickson County Juvenile Court and the

placement of the child in a foster home. Meanwhile, Father ran afoul of the law (again) and became

an involuntary guest of the federal penal system under a fifteen-year sentence. The foster parents

petitioned for termination of Father’s and Mother’s parental rights based on abandonment and sought

adoption of the child. Father’s mother intervened. Mother did not defend and her rights were

terminated. Father defended. The trial court found Father had not abandoned the child, but that the

parties had tried by consent the issue of Father’s being sentenced to prison for a term of ten years or

more when the child is younger than eight years of age, circumstances which present a ground for

termination of Father’s parental rights pursuant to Tenn. Code Ann. § 36-1-113(g)(6). The trial court

then granted the adoption. Father filed a motion to alter or amend, presenting to the trial court a

document showing that Father’s sentence had been reduced to seven and one-half years. The motion

was denied. Father appealed. We reverse the trial court’s determination that the issue was tried by

consent of the parties. Our decision necessitates that the adoption order be vacated and the child be

returned to the legal custody of DCS.

Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Chancery Court

Reversed and Remanded

ANDY D. BENNETT, J., delivered the opinion of the court, in which RICHARD H. DINKINS, J., joined.

PATRICIA J. COTTRELL, P.J., M.S., not participating.

Anita Lynn Vinson, Erin, Tennessee, for the appellant, J.M.

Jennifer Davis Roberts, Dickson, Tennessee, for the appellees, D.S.H. and K.E.H.

Robert E. Cooper, Jr., Attorney General and Reporter, and Joshua Davis Baker, Assistant Attorney

General, for the appellee, State of Tennessee.OPINION

BACKGROUND

S.J.M. (“the child”) was born in 2004 to C.R. (“Mother”) and J.M. (“Father”) in Omaha,

Nebraska. The relationship between the parents did not last, and Father was awarded custody of the

child in 2005 by the District Court of Douglas County, Nebraska. Due to a busy work schedule,

Father required assistance to care for the child. One of the caregivers was Jennifer G. In July 2005, 1

Jennifer G. told Father that she needed to return to Tennessee due to a family illness. Father gave

her permission to take the child with her to Tennessee. Jennifer G. stayed at the home of her parents

in Dickson County, Tennessee.

On September 27, 2005, the parents of Jennifer G. contacted the Dickson County Sheriff’s

Office asking what they should do with the child if she needed medical treatment because they did

not have custody or guardianship of her. They also expressed concern that Father, who had a violent

history, was coming to take the child back to Nebraska.

By the end of September 2005, Father had decided that Jennifer G. had no intention of

returning the child to him. He sent Joshua K., Jennifer G.’s husband, and Patrick K., Joshua’s

brother, to Tennessee to retrieve the child and return her to Nebraska. Jennifer G.’s parents called

the authorities, and Detective Amy Longtin prevented the two Nebraska men from taking the child.

Detective Longtin also reported the matter to the Department of Children’s Services (“DCS”). A

hearing in Dickson County Juvenile Court was set to determine the proper custody of the child.

Detective Longtin informed Father of the hearing.

On October 5, 2005, the Dickson County Juvenile Court held the hearing and placed S.J.M.

in the legal custody of DCS. DCS, in turn, placed the child in the home of Jennifer G.’s parents.

Joy G., Jennifer G.’s mother, worked as a caregiver for a relative of Kimberly H., whom Joy G. used

as a caregiver for the child. S.J.M. stayed with Kimberly H. five or six days a week.

Meanwhile in Nebraska, Father, an ex-felon who was no stranger to the Nebraska judicial

system, was arrested in mid-October for possession of a firearm. He soon posted bond. In January

2006, he spent two weeks in jail for failure to appear in traffic court. In April 2006, he was indicted

on federal charges and remained in federal custody from that time forward.

During the course of Father’s legal troubles, the saga of S.J.M.’s custody continued. In

November 2005, DCS requested Nebraska to do a home study of Father’s mother, P.M., as to her

home’s suitability as a placement for S.J.M. P.M.’s home was approved in August 2006.

In February 2006, Joy G. was fired from her caregiver job, and she took the child back from

Kimberly H. Kimberly H. then reported to DCS that Joy G. had been letting the child stay with her

Father owned and operated a gentlemen’s club and a security service.

1

-2-and that Joy G.’s home was not a safe place for the child. On April 3, 2006, the child was placed

in Kimberly H.’s home.

On July 3, 2006, Kimberly H. and her husband petitioned the Dickson County Chancery

Court to terminate Father’s and Mother’s parental rights and to adopt the child. They alleged that

both parents had abandoned the child for a period in excess of four months immediately preceding

the filing of the petition. On October 4, 2006, the Dickson County Juvenile Court entered an order

finding that the child was dependent and neglected and continuing DCS’s legal custody of the child.

On October 5, 2006, P.M. filed a motion to intervene in the chancery court case seeking custody of

the child.

In the fall of 2006, Father pled guilty to the federal charge of unlawful transport of firearms

and received a sentence of fifteen years. He later testified that the sentence was reduced to seven and

one-half years in January 2007 due to his cooperation with the authorities in a homicide

investigation.

Proof on the termination petition as to Mother was taken on March 13, 2007. She was

properly served and did not appear or defend. Mother’s parental rights were terminated. She has

not appealed the termination of her parental rights. At the same hearing, DCS moved to dismiss the

termination petition, but the motion was denied. Father was appointed legal counsel for his defense.

Proof as to the termination of Father’s parental rights was taken on January 14, 2008. His

deposition was taken June 13, 2008, by telephone. Arguments of counsel were made on November

6, 2008. The trial court declined to terminate Father’s parental rights on the petition’s ground of

abandonment. The trial court terminated Father’s parental rights based on his sentence of fifteen

years in prison pursuant to Tenn. Code Ann. § 36-1-113(g)(6) and held that the issue was tried by 2

the consent of the parties even though it was not mentioned in the petition for termination. The trial

court then heard more proof and granted the adoption. Father filed a motion to alter or amend,

attaching the amended judgment reducing Father’s sentence to 90 months (seven and one-half years).

The motion was denied. Father appealed, claiming that the issue of the application of Tenn. Code

Ann. § 36-1-113(g)(6) was not tried by the consent of the parties and that the motion to alter and

amend should have been granted.

STANDARD OF REVIEW

The determination of whether an issue was tried by implied consent “rests in the discretion

of the trial judge, whose determination can be reversed only upon a finding of abuse.” Zack Cheek

Builders, Inc. v. McLeod, 597 S.W.2d 888, 891 (Tenn. 1980). A trial court abuses its discretion

Tenn. Code. Ann. § 36-1-113(g)(6) describes the following as a ground for termination:

2

The parent has been confined in a correctional or detention facility of any type, by order of the court

as a result of a criminal act, under a sentence of ten (10) or more years, and the child is under eight

(8) years of age at the time the sentence is entered by the court.

-3-when it reaches a decision that is not supported by the evidence, when it applies an incorrect legal

standard, or when it reaches a decision that contravenes logic or reasoning that causes an injustice

to the complaining party. Owens v. Owens, 241 S.W.3d 478, 496 (Tenn. Ct. App. 2007).

ANALYSIS

Tenn. R. Civ. P. 15.02 recognizes that issues not raised in the pleadings may be tried by the

implied consent of the parties. An amendment to conform the pleadings to the evidence is

encouraged but is not required. “Implied consent . . . is much more difficult to establish (than 3

express consent) and seems to depend on whether the parties recognized that an issue not presented

by the pleadings entered the case at trial.” Zack Cheek Builders, 597 S.W.2d at 891 (quoting 6

Charles Alan Wright & Arthur R. Miller, FEDERAL PRACTICE AND PROCEDURE § 1493, at 462-63

(1971)). “Generally speaking, trial by implied consent will be found where the party opposed to the

amendment knew or should reasonably have known of the evidence relating to the new issue, did

not object to this evidence, and was not prejudiced thereby.” Id. at 890. Under the comparable

Federal Rule:

In a motion under rule 15(b) to amend the complaint to conform to the proof, the

most important question is whether the new issues were tried by the parties’ express

or implied consent and whether the defendant “would be prejudiced by the implied

amendment, i. e., whether he had a fair opportunity to defend and whether he could

offer any additional evidence if the case were to be retried on a different theory.”

Browning Debenture Holders’ Comm. v. DASA Corp., 560 F.2d 1078, 1086 (2d Cir. 1977) (quoting

3 James M. Moore, et al., MOORE’S FEDERAL PRACTICE ¶ 15.13(2), at 993 (2d ed. 1966)). This

interpretation of the Federal Rule has been adopted by the Tennessee Supreme Court as to Tenn. R.

Civ. P. 15.02. Zack Cheek Builders, 597 S.W.2d at 890-91.

A thorough review of the transcripts reveals that no party recognized that the application of

Tenn. Code Ann. § 36-1-113(g)(6) had entered the case at trial. No counsel argued the statute to the

court. The trial court observed that “the parties have submitted and argued to the court the sentence

received by the father, which also can be a basis for termination of rights.” However, Father’s

incarceration was raised because counsel believed it was relevant to abandonment. Implied consent, 4

Tenn. R. Civ. P. 15.02 states, in pertinent part, that:

3
[A]mendment of the pleadings as may be necessary to cause them to conform to the evidence and to

raise these issues may be made upon motion of any party at any time, even after judgment; but failure

so to amend does not affect the result of the trial of these issues.

The definition of “abandonment” as that term is used in the petition is found in Tenn. Code Ann. § 36-1-
4
102(1)(A)(i):

For a period of four (4) consecutive months immediately preceding the filing of a proceeding or
(continued...)
-4-however, cannot occur when evidence claimed to be supporting an issue not raised in the pleadings

is also relevant to an issue that is actually raised in the pleadings. McLemore v. Powell, 968 S.W.2d

799, 803 (Tenn. Ct. App. 1997); Hiller v. Hailey, 915 S.W.2d 800, 805 (Tenn. Ct. App. 1995). We

respectfully disagree with the trial court’s finding that the issue of Tenn. Code Ann. § 36-1-

113(g)(6) was tried by the consent of the parties. The evidence just does not support the trial court’s

conclusion.

Since we find that the trial court erred in terminating Father’s parental rights, it is

unnecessary to determine whether the motion to alter or amend should have been granted. It is,

however, necessary to vacate the order of adoption and to return the legal custody of the child to

DCS in accordance with the Dickson County Juvenile Court order of October 4, 2006.

CONCLUSION

The decision of the trial court that the application of Tenn. Code Ann. § 36-1-113(g)(6) was

tried by the consent of the parties is reversed. The order of adoption is vacated, legal custody of the
(...continued)
4
pleading to terminate the parental rights of the parent(s) or guardian(s) of the child who is the subject
of the petition for termination of parental rights or adoption, that the parent(s) or guardian(s) either
have willfully failed to visit or have willfully failed to support or have willfully failed to make
reasonable payments toward the support of the child.

Ms. Roberts, the appellees’ attorney, maintained that, “under the statute of willful abandonment, I think we have proven our case, Your Honor, that he has failed to support and failed to visit. In addition, what substantiates that is his conviction of 15 years that shows an inability to do so . . . .”

The issue of abandonment under the definition found in Tenn. Code Ann. § 36-1-102(1)(A)(iv) was tried by consent.
Tenn. Code Ann. § 36-1-102(1)(A)(iv) defines “abandonment” as follows:

A parent or guardian is incarcerated at the time of the institution of an action or proceeding to declare

a child to be an abandoned child, or the parent or guardian has been incarcerated during all or part of

the four (4) months immediately preceding the institution of such action or proceeding, and either has

willfully failed to visit or has willfully failed to support or has willfully failed to make reasonable

payments toward the support of the child for four (4) consecutive months immediately preceding such

parent's or guardian's incarceration, or the parent or guardian has engaged in conduct prior to

incarceration that exhibits a wanton disregard for the welfare of the child.

These two definitions of “abandonment” were often blended together by the parties, even though the definition in Tenn. Code Ann. § 36-1-102(1)(A)(iv) was not pled. For example, the guardian ad litem observed that, “[t]he issue is whether or not the father willfully abandoned the child for the four months preceding the petition, and obviously back it up before that for the four months preceding his incarceration.” Ms. Roberts, the appellees’ attorney, maintained that Father “had every available means at the beginning to get this child and visit with this child, within the four months prior to his incarceration.” The trial court correctly observed that “[a]ll parties have argued this case on the basis of abandonment as defined by 36-1-102(1)(A)(iv), which is the incarceration definition, as opposed to 36-1-102(1)(A)(i), which is the,
quote, normal [definition].”

-5-child is returned to DCS, and the case is remanded to the trial court for further proceedings
consistent with this opinion.

Costs of appeal are assessed against appellees Kimberly H. and her husband, David H., for

which execution may issue if necessary.

___________________________________

ANDY D. BENNETT, JUDGE

Child in DCF Custody dies after being found unresponsive

Child involved with DCF dies after being found unresponsive - Boston News, Weather, Sports | FOX 25 | MyFoxBoston:

YARMOUTH, Mass. (MyFoxBoston.com) -- A 23-month-old child involved with the Department of Children and Families died Thursday after he was found unresponsive in West Yarmouth.

CA gubernatorial candidate blasts Child Welfare Services over 'dirty' home

CA gubernatorial candidate blasts Child Welfare Services over 'dirty' home:

California gubernatorial candidate Tim Donnelly is getting involved in another case involving children who were taken from their family by a government agency. 
Donnelly, a Republican, sent a letter to San Luis Obispo County Child Welfare Services condemning the agency's treatment of the family of CalCoastNews publisher Karen Velie.

Homeless family helped by San Francisco police officers loses custody of children

Homeless family helped by San Francisco police officers loses custody of children | abc13.com:

SAN FRANCISCO, CA -- On Monday, ABC7 News reported on the story of four San Francisco police officers who reached into their own wallets to help a homeless family of seven find shelter on a cold, rainy night. Joel Silva says he's still grateful to the officers for renting a room for his family when they had no place to stay Friday night. But he says he's confused and dejected at what's happened since.

Mom speaks out about the abuse of her disabled son while in care

County CYF caseworker jailed, suspended in shootout car

County CYF caseworker jailed, suspended in shootout car | New Pittsburgh Courier:

PITTSBURGH (AP) – An Allegheny County Children, Youth and Families caseworker has been suspended without pay and jailed on drug and weapons charges after she was stopped driving a bullet-riddled vehicle Pittsburgh police believe was involved in a shootout.

Sheriff: 3 Adopted kids locked in bedroom, shed for 6 months

Sheriff: 3 kids locked in bedroom, shed for 6 months - Action News 5 - Memphis, Tennessee:

Action News 5 - Memphis, Tennessee

COVINGTON, TN -
(WMC-TV) - A husband and wife are under arrest after one of their "custodial adopted" children called police to report that she and her sister were kept in a locked room and their brother was being locked in an un-insulated garage outside.

Criminal Foster Parents - Baby LK Report For February 10th 2013

Child Deaths Under State Supervision

Child Deaths Under State Supervision | WGBH News:


His innocent face has become a symbol of the dysfunction plaguing the state Department of Children and Families. Five-year-old Jeremiah Oliver, now presumed dead, was under the supervision of DCF when he went missing late last year.

One Of DCF's Untold Stories

One Of DCF's Untold Stories | WGBH News:

The disappearance and presumed death of 5-year-old Jeremiah Oliver has brought new scrutiny to the state’s Department of Children and Families. An investigation by the New England Center for Investigative Reporting has uncovered that children receiving DCFservices are about six times as likely as other Massachusetts children to die from maltreatment.

DCF Placing More Children In Foster Care Following Scrutiny

DCF Placing More Children In Foster Care Following Scrutiny | WGBH News:


The controversy plaguing the state child protection agency seems to be unfolding everyday. In response, DCF has made changes to several of its policies. And as WGBH News reporter Gail Huff tells us, there’s been a spike in the number of children removed from their homes and placed in foster care.  

Dickson couple loses custody of girl after apparent adoption overturned

Dickson couple loses custody of girl after apparent adoption overturned | The Tennessean | tennessean.com:

A Dickson County couple is struggling with their separation from a 9-year-old girl they adopted after a Tennessee appeals court overturned the adoption and awarded custody to the biological father.

Note: What about when the Court's terminate a fictitious mans rights, knowingly and then adopt out the child to stranger's, the child has been adopted ILLEGALLY? So why is the child never returned? Why are the Family Court's getting away with this fraud? Been there. Two grandchildren whose father's rights were never terminated, yet they still haven't been returned!

French judges foil social workers who were out to take mother’s baby

French judges foil social workers who were out to take mother’s baby - Telegraph:

Why is it that, when innocent parents flee abroad with their children, social workers will stop at nothing to bring them back?

Former foster children say publication ban can make youths in care feel invisible

Former foster children say publication ban can make youths in care feel invisible:

EDMONTON - Three young women who grew up in foster care told a roundtable Wednesday that a sweeping publication ban has the power to make youth in care feel invisible.

FRC spokesman shocked by state law that allows criminals to foster children

FRC spokesman shocked by state law that allows criminals to foster children:

A family policy expert warns that Massachusetts officials need to reconsider regulations that put foster children in danger.

The state's child welfare agency is allowing people to handle foster care children who have criminal offenses, inducing intimacy from a minor, possessing pornography, and armed burglary.

A Modern Day Hero in the Fight Against Coerced Child Drugging

A Modern Day Hero in the Fight Against Coerced Child Drugging—Detroit Attorney Allison Folmar Awarded at CCHR Human Rights Banquet in Los Angeles - Press Release - Digital Journal:

Citizens Commission on Human Rights (CCHR) celebrated its 45th Anniversary and Human Rights Awards Banquet on February 1st, in Los Angeles. Among an extraordinary group of award winners, Detroit attorney, Allison Folmar, was recognized for her outstanding contributions in the on-going struggle on behalf of parents—not the State—to decide whether to administer psychiatric drugs to their child.

Foster carer who molested boys in his care is jailed for 10 years

Foster carer who molested boys in his care is jailed for 10 years | News.com.au:
A FORMER youth worker and foster carer who sexually assaulted three teenage boys more than 20 years ago has been jailed for 10 years.

A dozen CPS workers caught falsifying records since 2010

A dozen CPS workers caught falsifying records since 2010 | www.statesman.com:

And Hopefully the investigation will take place Nationwide.

Each year, the Office of Inspector General investigates a handful of complaints related to Child Protective Services employees — complaints that have nothing to do with deaths.

Between 2010 and 2013, investigators reviewed 56 complaints in which employees were accused of misconduct such as falsifying investigation or travel records. They found enough evidence in 34 of those cases to agree that wrongdoing had occurred.

2014 02 Russia Today Forced Adoption Interview

Investigating Child Protective Services- Review of child deaths in Texas uncovers lapses, lies at Child Protective Services

Investigating Child Protective Services | www.statesman.com:

Review of child deaths in Texas uncovers lapses, lies at Child Protective Services

Mistakes by Child Protective Services caseworkers over the past year contributed to the deaths of two children and the serious injury of another, while employees put numerous children at risk by failing to visit them and then lying about it, state records show.

Parents protest psychiatric meds for children

Parents protest psychiatric meds for children:

NEW PORT RICHEY — When Debbie Visicaro saw the protest signs outside the West Pasco Judicial Center on Thursday, she knew she wanted to become involved.

'

Friday Throwdown: What will it take to fix the problems at DCF?

Friday Throwdown: What will it take to fix the problems at DCF? | Boston Herald:

State lawmakers yesterday called the chief of the embattled Department of Children and Families into a closed-door hearing as yet another shocking story of alleged abuse appeared in the Herald.

Couple say CPS told them to get divorce if they want kids back

Couple say CPS told them to get divorce if they want kids back - Houston weather, traffic, news | FOX 26 | MyFoxHouston:

 No surprise! My daughter was forced by CPS to move out of the home she shared with her husband and told if she didn't, she nor her husband would ever see their kids again.

HOUSTON (FOX 26) -
"Dad and Mom is the world to them when they see dad they're like where's mom when they see me they're like where is dad," said Shmarian Jackson said.

Adoptive mom says DCF retaliated for Herald tip

Adoptive mom says DCF retaliated for Herald tip | Boston Herald:
No surprise. DCYF is known for retaliating along with the rest of their deceitful practices against families!

An adoptive mom who sounded the alarm in the Herald yesterday over four at-risk kids being pushed to visit their abusive birth parents has been put on the hot seat by the beleaguered Department of Children and Families for speaking out.

Court-appointed guardian testifies DHS petition not needed for Johnson County 5-year-old

Court-appointed guardian testifies DHS petition not needed for Johnson County 5-year-old | TheGazette:

A court-appointed guardian for a 5-year-old girl who was placed in foster care testified Thursday the child wasn’t in need of assistance, as an Iowa Department of Human Services’ protective worker claimed in 2010.

Man with juvenile sex crime history was licensed as foster parent, abused more kids

Man with juvenile sex crime history was licensed as foster parent, abused more kids | Q13 FOX News:

SEATTLE — Richard Jason Boothby is now spending 18 years behind bars for child rape and molestation after sexually abusing at least three foster children in his care.

Social worker: Bosses valued cost-saving over kids’ interests

Social worker: Bosses valued cost-saving over kids’ interests | Boston Herald:

Child welfare bosses in the Department of Children and Families Plymouth office that handled the allegations of sexual assault of an autistic 11-year-old boy were more obsessed with saving money than the well-being of children in their custody, according to a former South Shore social worker.

Pilot program looks at new approach involving CPS

Pilot program looks at new approach:
A state-level pilot program in which Dodge County will take part will look at potential benefits of implementing a less adversarial approach in the child welfare system.

Holly Springs foster parent charged with child abuse

Holly Springs foster parent charged with child abuse :: WRAL.com:
HOLLY SPRINGS, N.C. — A Holly Springs foster parent faces felony child abuse charges after allegedly abusing two children in her care.

Ex-criminals allowed to care for foster kids

Ex-criminals allowed to care for foster kids | WWLP:

(WWLP) – A new report reveals that criminal convictions may not disqualify Massachusetts adults from becoming foster parents.

Native American Groups Seek Child Welfare Probe

Native American Groups Seek Child Welfare Probe - ABC News:

Four national Native American organizations on Monday asked the U.S. Department of Justice to launch an investigation into the treatment of American Indian and Alaska Native children in the private adoption and public child welfare systems, saying civil rights violations there are rampant.

Report On Child-Custody System Targets Areas To Examine

Report On Child-Custody System Targets Areas To Examine - Courant.com:

A task force has identified areas of the state's child-custody system that it says the Judicial Branch ought to evaluate, including whether to establish billing rates for legal guardians appointed to represent children in contentious court cases.

DCF handbook shocker: Criminal past doesn’t disqualify foster parents

DCF handbook shocker: Criminal past doesn’t disqualify foster parents | Boston Herald:

This is the Ma. Handbook. Here is the link to the NH Handbook which proves plenty of bias.

http://unhappygrammy-grandparentsblog.blogspot.com/2010/08/nh-dcyf-court-and-legal-handbook-this.html
DCF OVERSIGHT: Criteria uncovered by the Herald in a Department of Children and Families manual shows a stunningly permissive set of rules for screening potential foster home parents, allowing a history including sex offenses involving minors, violence such as manslaughter, and drug offenses such as trafficking cocaine and heroin within 1,000 feet of a school.


Read More:

Transparency in the family courts: new practice guidance takes effect

Transparency in the family courts: new practice guidance takes effect. By John Bolch. - Marilyn Stowe Blog:

The President of the Family Division’spractice guidance on the publication of judgments takes effect from today.

The purpose of the guidance is to increase the number of family court judgments that are published, with the ultimate aim of improving ‘transparency’, i.e. making the public more aware of the work of the family courts, thereby countering the charge that the family courts operate ‘a system of secret and unaccountable justice’.

Read More:

NH Gov. Slippery Slope updated

DMVC Productions = Results : NH Gov. Slippery Slope updated:

NH RSA 329-B -3  - Mental Health Board...
This board now includes the  HEINOUS AND LETHAL
SUSAN VONDERHEIDE, of Nashua, NH
NOMINATED BY - Maggie Hassan, Governor of NH (d) on  7/10/13  without public notice because...
(coincidentally the same day the Supreme Court denied a Plaintiff's appeal against Vonderheide; on appeal to a higher court.)

Read More:

400 New Foster Kids - Baby LK Report For February 2nd 2014

Report: 95 children died while under DCF supervision since 2001

Report: 95 children died while under DCF supervision since 2001 - Boston News, Weather, Sports | FOX 25 | MyFoxBoston:

(MyFoxBoston.com) -- The numbers seem shocking: 95 children whose cases were overseen by social workers from the Department of Children and Families have died from abuse or neglect since 2001.

Foster parents of boy found handcuffed with dead chickend around neck due in court

Foster parents of boy found handcuffed with dead chickend around neck due in court | khou.com Houston:

UNION COUNTY, N.C. -- A former DSS supervisor charged with child abuse is due in court Monday morning, along with her boyfriend, for their first court appearance since they were indicted.

Foster parents’ sentence reduced in death of girl, 2

Foster parents’ sentence reduced in death of girl, 2 - Spokesman.com - Feb. 1, 2014:

Post Falls foster parents once facing charges of injury to a child and conspiracy to conceal evidence were sentenced on a reduced charge of perjury in a North Idaho courtroom this week.

Foster parents get jail time for perjury

Foster parents get jail time for perjury - Coeur d'Alene Press: Local News:

COEUR d'ALENE - A pair of Post Falls foster parents were sentenced in Kootenai County District Court this week for perjuring themselves while on trial for child abuse charges that were dismissed in court last summer.