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Fraud and Deception

New Jersey mom fights back against unfair treatment by DYFS system. Requests assistance.

I am looking for feedback regarding successful approaches to regaining custody from DYFS/CPS when fraud and deception is involved. At what point does DYFS return the child(ren)?

Review of discovery reveals that NJ DYFS withheld DYFS and police files to fraudulently remove my son and place him with the other parent who put my son at risk for sexual abuse by exposing my son to a Megan’s Law convicted sex offender.

I am particularly interested in comments that help me reveal the fraud, deception and violations to HIPAA Laws, Rules, Codes, New Jersey and U.S. Constitution violations, violations to New Jersey Domestic Violence Act, DYFS Policies and Procedures and Federal Violence Against Women Act, Federal Crimes, Tort Crimes.

Fraud and Deception -- New Jersey Case

Brief Case Overview

Below is a brief explanation of the situation.

Twice in June 2007 and July 2007 the Court ordered DYFS to provide reasonable efforts to prevent the removal. DYFS failed to provide these services. DYFS failed to properly assess the family and failing to control the actions of XXXXXX. Please note that DYFS often removes children from victims who fail to leave the abusive situation or report the abuse, however, the opposite occurred in my case. Claimant made obvious attempts to reach self-sufficiency free from abuse. If the police and the court negligently failed to stop the abuse perpetrated by XXXXXX then DYFS wrongfully capitalized on this negligence.

New Jersey employees failed to address and ignored the issue of domestic abuse and the harmful effects of exposing my son and I to XXXXXX. Claimant was not warned that reporting domestic abuse to the police who referred me to local victim’s center would make Claimant vulnerable and could lead to losing custody of her son to the abuser.

DYFS failed to investigate the tipsters and family dynamics, and altered case by withholding XXXXXX’s criminal and domestic abuse history from the courts, from the decision to place my son with the abuser over amending the case plan and from XXXXXX’s psychological evaluation although DYFS influenced Claimant’s state psychological evaluations by withholding the domestic abuse history from all evaluators and providing Dr. Xxxx with statements such as the DYFS reports made by the Claimant (at least two reports of child abuse perpetrated by XXXXXX were substantiated by DYFS — XXXXXX exposed my son to a Megan’s Law sex offender and XXXXXX who, per a DYFS letter to XXXXXX and DYFS reports, has a history of domestic abuse and is eliminated as a suitable caretaker for my son).

DYFS failed to investigate the “anonymous” tipster, XXXXXX who stated “[son] unsafe with mother, but father can take him,” then acquired Claimant’s phone number from a third party and sent an unsolicited text message stating, “Happy Mother’s Day,” to Claimant on Mother’s Day 2008.

DYFS violated HIPPA confidentiality protections by disclosing, without Claimant’s knowledge or permission, Claimant’s medical evaluations to a YMCA worker and abused Claimant’s XXXXXX Medical Center malpractice report to label competent, fit mother with mental health disorders and deprive rights, withhold unsupervised, unrestricted visitation and keep son with abuser in less sufficient setting. YMCA Worker possessed no medical expertise and per YMCA Worker, had “never done that type of work before.”

DYFS failed to have YMCA Worker appear for expert testimony although DYFS used his opinion during a hearing. Claimant did not have a chance to cross examine neither YMCA Worker, his opinion, mental health reports nor experts during the hearings in which judges relied upon the medical opinions and police reports to render a decision.

DYFS failed to present evidence and expert testimony during the removal hearing. DYFS supervisor, XXXXXX possessed no medical expertise nor a doctor’s report to support her statement, “[Claimant] has unaddressed mental health issues and is not taking medication,” nor link her statement with the need to remove my son. Currently, by ordering psych evaluations and continuing to withhold exculpatory evidence, DYFS is trying to manipulate this case to appear so. Claimant has no history of mental health issues and functions proficiently with her son and within society.

DYFS required Claimant to undergo counseling with local victim’s center then failed to consult with that center regarding Claimant’s progress and visitation although DYFS consulted with YMCA Worker who met with Claimant only once in October 2007. Claimant has attended regular sessions with local victim’s center since Fall of 2007 and had a safety plan in place prior to DYFS interference and fraudulent removal.

  • NJ Attorney failed to order discovery which was withheld from Claimant since the beginning of the case between January 2007 and March 2008.
  • Ms. State Attorney met with Claimant only once per year (in January 2007 and January 2008) regarding her defense.
  • Failed to object to DYFS’ claims.
  • Failed to protect Claimant’s due process rights and right to family association free from government interference.
  • Failed to require DYFS to present evidence and expert testimony.
  • Failed to provide Claimant with opportunity to cross examine DYFS’ claims.
  • Failed to present exculpatory evidence, such as the letters of completion regarding DYFS services and police report negating DYFS’ claim.
  • Allowed DYFS to coerce the court and lie to judges.
  • Fact finding hearing withheld from son and Claimant between October 2007 and August 2008.

Prior to being represented by Ms. State Attorney, DYFS services were ordered without Claimant being represented by an attorney, without providing Claimant a fair hearing in which she cross examined evidence and witnesses and defended herself, and although NJ DYFS sent Claimant a letter stating that allegations were unfounded and DYFS would not be providing services to family. DYFS interfered with domestic abuse proceedings as this case began under an FD docket number.

Funds were misused to litigate DYFS case over domestic abuse case under New Jersey Domestic Violence Act.

You can view my entire story on DYFS Reform, or leave anonymous informative/helpful comments on the blog site.

This is a brief synopsis of the situation, I have also posted the most recent Federal lawsuits filed against NJ DYFS.

11 Comments

  1. DYFS WORKER

    I’ve read a lot about the frustrations people have with DYFS on this site and similar ones. Nothing is worse than having your child removed, and no one is happy to see it happen, especially DYFS workers. A common thread in these forums is the idea that DYFS workers have a secret agenda to relieve you of your child, as though we get paid extra money, or have quotas to fill. This idea is being provided to you by lawyers, and if anyone has an agenda, it is them.

    Not all DYFS workers are created equally, and there has certainly been some very poor case work in the past. However, no worker is hoping for a removal when he or she knocks on that door. Quite the opposite is true. Why would a worker want that? It is an unhappy and stress filled situation for everyone. No. In fact, most workers do back flips to put some plan into place besides removal. The only people you are hearing from are those who are very angry that their child has been removed, and their highly paid lawyers. I can say that in almost all of these scenarios, the whole story is not being told. It’s easier to blame DYFS, than to reflect on your own behavior.

    Before there is a removal, the decision goes through many different levels of supervisors, DAG’s, and community resources. There is a very strict decision making tool in place which pretty much prohibits random un-supported removals. Once this decision to remove has been made, the removal is done, and the case is seen in front of a judge two days from the removal. At this point the judge either upholds the removal, or overturns it, in which case the child is returned home. This doesn’t happen very often.

    The amount of disinformation being provided by lawyers, and unhappy DYFS clients is astounding. The families who have had positive experiences don’t create forums to talk about it. They simply move on with their lives.

    DYFS workers have no agenda when it comes to the safety of your child.

    DYFS workers cannot lie and twist the truth in order to have a substantiation. Their work is fact checked by supervisors, DAG’s, Law Guardians, and judges. Nor do they have any reason to do so. In fact, the fear is that a worker will overlook issues, in order to avoid a removal. I’ve had to remove children more times than I like to think about. If it was up to me, I would never do it again. Good thing it’s not up to me.

    One thing all these lawyers aren’t telling people is that when it comes to child safety, the Division doesn’t need forensic evidence to act. We must meet a Preponderance of the Law. 51%. Why is this? Because the State of NJ doesn’t want to take any chances with the safety of children. If a child reports that a parent has been sexually abusing him for the past year, and if this story is corroborated, DYFS can act. We don’t need fingerprints or a photograph of it happening. We deal with RISK. It is very unpopular, but if we didn’t, there would be a lot more complaints that we don’t do enough.

    Workers see the truth every day. The Pit bull bites, where the parent refused to get rid of the dog, the belt marks on the face, the burns, the babies who are shaken to death. The most self righteous are the drug and alcohol abusers. They will tell you that DYFS removed their children because they like to have a few drinks on weekends, or even smoke weed. But they won’t tell you that their houses are so dirty and in such disrepair that the children have bedbug bits covering their bodies. Or that they have been physically abusive to their child or spouse. DYFS can’t substantiate simply because of alcohol or drug use – it has to “seriously affect the caregivers ability to supervise and protect their children.”

    Lawyers don’t like DYFS workers, because we affront their enormous egos. The wealthier clients will tell a worker “Talk to my lawyer.” We’re not allowed to talk to your lawyer. So when the lawyer calls us up, and suits up to go into his manipulative routine, we have to cut him off and say, sorry call Trenton. It really is amazing to hear lawyers calling DYFS workers liars. Our motivation is to do the best job we can, and hopefully keep our meager paying jobs providing services that would be sorely missed if all DYFS workers disappeared tomorrow. Your lawyer is motivated by money. Period. Who do you think is telling you the truth. I have nothing to gain.

    None of this is not to say that people shouldn’t stand up to DYFS, and know their rights. I’ve advised people to educate themselves, and counter the recommendations of the worker. That’s part of the decision making process too. You’re hearing it from the source, not from the standpoint of a one sided argument.

    DYFS needs the support of the community, and should have it. Thanks to the retarded ramblings of 101.5, and the misinformation provided by the perpetrators of child abuse themselves (!), we are seen as lazy state workers bilking the system for our own gain. I love how it is being argued that we are all lazy, yet we do too much at the same time.

    Stand up for yourselves against DYFS when it is appropriate, but please be truthful. Your lawyer isn’t.

  2. Kidjacked Editor

    What you fail to realize is that all states agencies are not created equal and while I have no first-hand knowledge of DYFS in New Jersey. I have been involved in enough cases to know that the senario you depict is not the norm across the states.

    There ARE many CPS workers who tell lies in court, fabricate evidence, have personal agendas and/or they do not do their job properly.

    Your opinion is an over generalization that does not speak to the problems with child protection workers, who are incompetent, ill trained and poorly paid. Open up your eyes.

  3. DYFS WORKER

    Sorry, but I’m not buying that you have more experience in CPS cases than I do. I’ve been investigating child abuse and neglect as a WORKER for close to ten years.

    The individual state agencies are set up in a very similar manner. I deal with many other states. We have to communicate, as many families are spread out, or live between two states. In addition, there are federal guidelines which mandate this.

    As far as training – the worker is ALWAYS receiving training. If anything, we are over trained. I am not expressing an opinion to you. I’m telling you how it works. The trainings we receive here in NJ, are the same ones they are getting in Florida, Tennessee, Calfornia, etc.

    I don’t know whether your worker was incompetent, or very thorough and dedicated. You’re asking the reader to simply take your word for it. THAT is an opinion. I’m explaining how it works, and what the motivation is for the worker. I can tell you that it is very unlikely that your worker lied in court. He has no motivation to do so, and there are too many other professionals checking his facts. I’m sure there is a community review board in your state looking into all the placement cases. I’m also sure the Law Guardian looked into the claims made by the worker, and the resources that were provided.

    If your representation in court was not adequate, I would ask you this: Did you use a lawyer who regularly deals with CPS in Family Court? Or did you use an expensive hot shot who charged you a fortune and didn’t help you? The fact is, the court appointed attorneys do very well up against the state DAG’s. The guys with the Armani suits get eaten alive.

    My eyes are far more open than yours. I receive three to four new cases a week. I see families of all economic, racial, and social backgrounds. Our training is extensive. I’ve gone through it. The fact is, when a worker is imcomptetent, ther result is usually the opposite. Children are NOT removed, and they are left with abusive caretakers.

    I’m sorry that your experience has been a poor one, but the question remains ” What have you done to protect your children?” CPS workers don’t create the cases. We respond to them. It’s easy to say the worker is either a liar or imcompetent. But what you are not representing, is that fact that the decisions that were made for your family were not made by one “incompetent” worker. They were made by a team. You were part of that team.

    I’m sorry that you have had to go through the ordeal of having your children removed. And I often say that it is something that can happen to anyone. Maybe the laws are too strict, maybe society is overly protective. There are questions worth asking. But what you are presenting is disingenous. If what you are presenting is true, then there would have to be some kind of conspiracy to remove your children. There are too many professionals involved for it all to be “a big mistake” as well.

    With the political climate in this country what it is, the day may come when there will no longer be state CPS. Do you know who would handle child abuse and neglect if it wasn’t for CPS? The Police. And maybe some poorly trained and poorly paid private agencies with no real legal power. I see children protected every day. EVERY day. It is the norm, and you have no idea what is going on around you, behind those closed doors. I’ll have the nightmares to remind me lest I should forget.

  4. Kidjacked Editor

    You make assumptions in your post that are incorrect, I can only assume that is your standard operating proceedure. I’ve been fighting CPS in one manner or another for the past 25 years.

    First of all, I was the case — I have never had a child removed nor have I ever been investigated by the CPS gestapo thugs, I was held hostage by case workers who claimed to have my best interest at heart, all while they tried bullying me to lie on the witness stand, putting me in physical danger and not taking my rights or concerns serious.

    I have my own nightmares. I was not part of any “team”. I was shuffled from place to place and experienced things that NO child should ever fear. Get your facts straight and take off the blinders lady.

    I have attended training sessions for child protection workers, school administrators and truant officers. I know the tricks they pull and how they attempt to trap parents and coerse them into doing exactly as they are told. Each CPS office has their own set of rules and guidelines to follow and if you think the laws are the same and the training is the same from state to state you are wrong.

  5. Kidjacked Editor

    You said, “DYFS workers cannot lie and twist the truth in order to have a substantiation. Their work is fact checked by supervisors, DAG’s, Law Guardians, and judges. Nor do they have any reason to do so. In fact, the fear is that a worker will overlook issues, in order to avoid a removal.”

    In the news….

    Gibson County DCS supervisor convicted of perjury
    http://www.14wfie.com/global/story.asp?s=12630393

    PRINCETON, IN (AP) – A supervisor with Indiana’s child welfare agency has been convicted of perjury for allegedly lying under oath in connection with the case of a teenager who was held in a shelter for 30 days without a court hearing.

  6. eddie franklin

    I know that cps workers are not all at fault. I am not against protecting children that are being hurt, but when any org. or any govt. agency is given power of this magnitude over the people, thus is born a monstorus bunch of power freaks and extremists.

    I feel that if these cps rulers do not have to adhere to our constitutional rights, which come from what also, our laws come from, then the states do not exist to pass laws to form their legal system and to give these agencies their authority thus deleting their existence.

  7. Lisa

    We are on the fourth day without three of our young family members who were taken by Grayson County CPS.

    I know we were lied to and I believe that we should have been notified of any court hearings even temporary hearings being held to obtain a court order allowing them to remove the children from a home in which they were not in any immediate danger and even remove one child that’s only connection was being the half-sister of the two children of parents that are charged with a crime.

    CPS’ attorney (who assisted in taking the children) was one of the prosecuters who let the abusive father serve 15 days on weekends for his fourth family abuse charge.

    With CPS you are damned if you do cooperate and damned if you don’t cooperate. YOU DO NOT HAVE A CHOICE AT ALL!! The children were innocent and we were innocent but who suffers. Foster homes are not better in all cases. The children were released by the police to family members at the scene not CPS who allowed the children to remain with family members for fourteen days before making the determination that they were in imminent danger and ordering the removal to a foster home. WHERE IS OUR CONSTITUTIONAL RIGHTS? WHERE ARE THE CHILDREN?

  8. frank

    Hello, I am a dad, not just a father. My daughter is at risk of being kidnapped by New Jersey DYFS. A bogus anonymous referral was made, that a confirmed sexual perpetrator lived in my home with my 2-year-old daughter. The perpetrator is a 17-year-old kid a week from being 18.

    His DYFS case is out of Union County — a 3-year-old case. I am in Essex, a corrupt place. Apparently, they knew where he was until a week before he was going to be out of DYFS hands.

    The Essex county worker came out to my home talk to my wife about the kid. My wife told her that the child did not stay in her home. Then the DYFS worker started asking, “What’s your daughter name?” My wife refused to give my daughter’s name because she did not know why my daughter was the target, at that time. My wife asked why the worker needed my daughter name. She replied, “Oh, not for anything. I’m just going to put it in my report.”

    My wife told her that she doesn’t have a DYFS case and I don’t want my daughter’s name in any DYFS system log. The worker then said, “But why?” My wife responded, because I don’t want her name in any DYFS folder. The caseworker said ok, that’s your right and left the home.

    Then the DYFS worker started mailing whatever paperwork DYFS mails people, to the wrong address — purposely. My wife and I are unaware of the DYFS plot. On August 9, 2010, the worker called our house. She said, “I’m calling you to tell you we are going to file for custody of your daughter.” My wife said, “What are you talking about?” The DYFS worker hung up on her.

    Later that day our neighborhood mailman approached my wife and gave her a envelope that he said was mailed to the house down the street and that he remembered my wife’s name because she had spoke to him previously about her Netflix not coming to the home. The mailman said he saw it was from DYFS and felt she might have needed to get that information.

    The letter said to respond within 24-hours of receiving this letter or the division will file for custody of your daughter (the letter had no date).

    The next morning, at 8:00 a.m. my wife was in the DYFS office before any DYFS worker had arrived. A DYFS worker came in to the office and asked if she can help her. My wife explained that she got this letter and she wanted to know what it was all about. The DYFS supervisor told my wife that there was a court date today at 1:30 p.m. to obtain custody of my daughter. My wife stayed in building until 1:30 p.m., when she went into the courtroom.

    The first DYFS worker, who came out that once to my home, was in court. My wife walked up to the bench and told the Judge, she had received a letter that did not have a date on it, stating that she had 24-hours to respond to it.

    The judge asked where all the other paperwork was that the division sent you. My wife said this is all I have your honor. The judged then asked the division where all the paperwork was that she was to receive before it got to this point. The case worker then said she sent the paperwork in the mail certified and regular mail, and then the division said:, “I also hand delivered the paperwork to the home.” (We live in a 19-unit secured building).

    The division worker then said she was unable to gain entry into the building because you have to be buzzed in by the resident. Therefore, she placed it in the mailbox that is located outside the residence. The judge then asked the division worker, how she knew that it was her mailbox. The division worker replied because it had her name on it.

    My wife objected saying, “Your honor, she’s lying. I live in a secured building. I do not have mailboxes outside my residence.”

    The judge said, “I know you don’t think its fair that because you did not want to divulge your daughter’s information to these people that they are saying you are putting her in danger. Unfortunately I have to side with them. You are ordered to return today with your daughter and give her to the division.”

    My wife came out the courthouse called me told me to get the baby dressed and get out of the house. We met at a location where my wife proceeded to tell me what happened. The date was August 10, 2010, I was blown away.

    I did not want to give my daughter to these people and neither did my wife, so we didn’t. They are trying to say my daughter was sexually assaulted by this kid that doesn’t even live in our house. So, I said just to have facts we took my daughter to her primary doctor told her what was going on, she did a full exam (which was hard for me to watch) for everything that the division would want know. Everything was negative, as we already knew it would be.

    She then went on to tell us that New Jersey DYFS workers call her all the time asking her to say that kids in her office being abused. The doctor told us that she replies to the division workers that if she sees something wrong she will call them, and that they should not be calling her trying to get cases.

    We are now on the run from these tyrants and need help. We need media attention. This is unreal if there is anyone who can help me please reach out. We need light to be shined on this nonsense — they fear being exposed.

    Please help us. My two-year-old daughter’s life is on the line. I can go into more detail one on one.

  9. R.S.

    DYFS (Division of Youth and Family Services) is dividing families all over the state of New Jersey. Parents are crying for help from these sadists who take children because of anonymous calls and unwarranted complaints. DYFS threatens family and uses stall tactics to keep and claim children. They are authorized to enter your house and take your children for unset lengths of time. DYFS officials blatantly lie to judges, doctors and police officers to humiliate and harass innocent parents, most of who do not have the funds to hire lawyers to fight. Each child adopted brings the state up to $8,000 and DYFS is abusing their authority to get rich.

    For years, DYFS has tortured and tormented families on taxpayer’s dollar and is backed by the Stalinist government of New Jersey. They are given higher authority than police officers, in many cases. The time to investigate DYFS is now. A simple Google search with reveal literally thousands of disgruntled parents who spent years and thousands of dollars fighting unwarranted claims by DYFS. These parents are too scared to speak out, in fear that DYFS will take their children and further destroy their lives.

    There are some real cases of abuse and neglect of children that really need the attention of a child welfare agency. Having said that, I think it is time that DYFS is investigated by the proper authorities. Let’s clean out all these representatives who have nothing better to do than harass parents and ruin lives. DYFS needs to re-evaluate their definition of abuse and neglect. This case is a clear example of personal bias and overzealous reaction.

    Stop DYFS from abusing their power by demanding a full investigation by Gov. Chris Christie: Sign The Petition.

    http://realsparano.com/2011/02/supreme-court-rules-almighty-dyfs/

  10. mike

    remember this when dyfs does you wrong do your home work and have them jailed it is way easier then you think if you put in your mind thats what you really want to do

  11. robin

    —– Forwarded message —–
    From: “Dean s. Hameda”
    Date: Tue, Jun 14, 2011 3:47 pm
    Subject: Valerie’s letter
    To:

    Hi. I work with a mother in sriver of 8 children, 2 childrens rights were terminated and 3 of the other children were adopted. The mother’s rights for the older 2 children were given back to this biological mother years later.

    The childs mother reports one of the judges who repeatedly terminated her rts recused herself as the mother reports it was discrimination. In 10/10 the childs adoptive mother returned one of the children to the biological mothers care. In 12/10 the other adoptive child was brought to the biolgical mothers care.

    Presently there appears to be a pointing of fingers of responsibility btwn DYFS of NJ/GA as to who should do wht but both agree the biological mother can not file for custody bc DYFS has to reinstate parental rts first. Pls note in may09 the childs adoptive dtr was removed frm adoptive parents home in ga bc of abuse & neglect. At this point the childs biological mother is looking for help in obtaining custody of her biological children brought back to her home unexpectedly so she can obtain medical care, etc .

    In addition, the childs mother would like to be able to add these children to her lease, etc to avoid problems w/sect8. The childs mother has made contact w/dyfs & governor christie (today) & middlesex family court but seems to run n2 road blocks. The biological childs mother notes this was suppose to be a closed adoption. The two children presently remain in her home w/no one avail to sign medical or apply for nj insurance. you may contact the mother laura shinka at lorriethomas61@yahoo.com or908-422-0384

    Dynamics consist of a biracial family, childs biological mother is caucasian and biological fathers are aa.

    Dean S. Hameda
    NJ- State Certified Behavioral Assistant
    NJ-BA 000004/08/2011

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