You are browsing the archive for appeal | My.Kidjacked.com.

Help bring Westin home…

July 12, 2012 in California, Child Protective Services, corruption, post parental termination

My parental rights were terminated by a referee in LANCASTER, CA on JUNE 25th 2012. I need to know if there is any way I can get my son back, or get visitation, it seems this situation is hopeless. Even if it is hopeless I will not rest until I know my son is okay.

I am trying to understand the appeal process and rehearing?  I don’t know which papers to file, and I can’t find a decent attorney that even gives a shit to even look at my case without a $10,000 retainer. I am not going to be ripped off by another whack job from honolulu that I trusted, but later find out he was never on my side all along.

I was tricked into signing a waiver of rights, and  was late for my TPR contested hearing and they proceeded to terminate my rights without me. I can’t even look at my own child’s file anymore. I will not give up! If I have to I will die fighting this unjust system.

We were not even granted a “goodbye visit.”   I never got the chance to explain to him what was going on, let alone talk to the judge throughout this whole case to tell my side of the story. The social worker would cut visits off if I even started to explain to him or tell him that I love him and will never give up on him, that was considered details of the case which we were never allowed to talk about.

Wes is 5 years old and was taken from me in Sept 2009. I’ve been fighting for 3 years to get him back.  But I am only a mother, one person against all these wolves. They don’t play fair, and I  didn’t go to any law school, and all this rules of court, welfare code, is a different language to me. My brain feels like it wants to explode. My heart feels shattered, and my soul is handicapped from the piece that is missing.

His father is in prison until 2014 and has only been established as the “alleged father” Because I had no idea he didn’t have rights until paternity was established, and I don’t have any clue on how to go about doing that.

I went through the rehab and parenting classes, and the grief counselling, and whatever else I understood the court asked me to do. And then they yanked everything I had been working for the past 9 months with one missed test. And with only a couple month to do what it had taken me almost a year to do, the Court ordered me to do it again.  My life has been hell ever since, even more now that I am not allowed to see my son anymore, and I don’t know if they have moved him again with another strange family.

Please do not excuse my pleading for help as just a request from another worthless drug addict that can’t take care of her kid, because that is what the record seem to look like and what society pictures when I try to explain the situation.

I now realize that they were building my character in the record from day one and the lies they told to make me look crazy to restrict visitation, so they could make visiting miserable only under their supervision.

My son is everything in my life, and they can’t deny that. Every visit up until the end was explained as excellent, and well planned for. In that alone should of been evidence enough to grant the “parent and child bond that would be detrimental to terminate”… but nobody seems to care about anything besides the money.

The department did not make “reasonable efforts” There is nothing reasonable about this whole thing. The department and adoption company “PennyLane” have put us both through hell, and set up obstacles to sabotage reunification. If you don’t believe me, just ask any parent that has been forced to prove themselves to the California juvenile court.

There was no evidence that this mother physically or emotionally abused her children, or neglected the children as to feeding, clothing and maintaining his health. Additionally, when initially contacted, and before intervention by the CPS, mother owned her own home, was not on public assistance, and the child was up to date on all immunizations, and thriving in the home.

I don’t know what evidence I had to show to these people to prove that. It would of been obvious to anyone that actually took the time to personally assess the situation, but it seems that this case is nothing but a file to be pushed on to the next guy, and just another number.

This is my sons life, and my life, and our family has been torn apart by this crazy system. It just almost seems unreal.

Can you please help me in the appropriate steps that I need to take for justice to be served? If you don’t believe that you can help please pass my information to anyone that might be able to help me.  I’ve got another promised date to enter another rehab in a couple weeks. Not sure if it will  do any good, since my rights have already been terminated.

I need the best appeal lawyer I can find as soon as possible that will not take no for an answer and he needs to have heart. I also need someone to personally explain all this procedure. Also, I wish for anyone to go over this case and find errors that are appealable. I also need a miracle.

Thank You for your time and concern, and God bless.

Respectfully,
Paula, California

Liberty Counsel Files Brief in Alabama Supreme Court

March 30, 2012 in Alabama

Liberty Counsel Files Brief in Alabama Supreme Court in Defense of Pre-Born Life

Supreme Court
Supreme Court

Montgomery, AL – Liberty Counsel filed an Amicus Curiae Brief in the Alabama Supreme Court in the case of Ankrom v. State of Alabama.

The case involves the consolidation of two cases, which address the question of whether Alabama’s law against chemical endangerment of children can be applied to unborn children who are exposed to illegal drugs in utero. Courts of appeal in Alabama upheld convictions of mothers who were charged under the chemical endangerment law, when their children tested positive for illegal drugs at birth.

Liberty Counsel’s brief provides the Alabama Supreme Court with a thorough historical review of legal protection for unborn children, dating from ancient Greece to the present day. Common law in England and the United States, with support from the medical and legal professions, recognized that “[l]ife is the immediate gift of God, a right inherent in every individual; and it begins in contemplation of law as soon as an infant is able to stir in the mother’s womb.”

This understanding remained the prevailing view in the United States through the middle of the 20th Century, when a societal shift prompted a “liberalization” of criminal laws, including restrictions against abortion, culminating in the abortion cases, Roe v. Wade, 410 U.S. 113, (1973) and Doe v. Bolton, 410 U.S. 179 (1973), in which the Supreme Court held that unborn children are not “persons” protected by the right to life set forth in the Constitution.

Advances in medical science have established the truth of the historic view of the unborn child as a human being, not merely a “potential” human being. Liberty Counsel’s brief encourages the Alabama Supreme Court to return to that valuation of unborn children.

Mathew Staver, Founder and Chairman of Liberty Counsel, said, “Our brief convincingly shows that the U.S. Supreme Court’s abortion cases are out of step with history, law, and science regarding the humanity of unborn children. In personal injury, criminal, and wills and estate law, the trend has been to recognize the unborn child as a human with legal protections. The U.S. Supreme Court’s abortion cases are an aberration to law and stand on an island by themselves, and that island will one day disappear.”

###

Like us on Facebook 

Follow us on Twitter

Join Freedom Federation  Freedom Federation and view us on You Tube Videos

 

 

Enhanced by Zemanta

Public Records Case Law

July 24, 2009 in Illinois

In a recent Illinois court case the 4th District Court of Appeals in Springfield has ruled internal affairs files are a public record regardless of the outcome of the probe.

I, for one, would be curious to learn if this same case law could be applied to other forms of government entities, such as Child Protective Services internal investigations. If so, this could have far reaching ramifications for those seeking justice for their children.

As public servants, their files should be open to public scrutiny. It’s time we held these agencies accountable for their actions.

Excerpts below, Read more…

Appeals court declares police internal affairs files public records

In a case some argue could throw open the long-standing secrecy behind police internal investigations, the 4th District Court of Appeals in Springfield has ruled internal affairs files are a public record regardless of the outcome of the probe.

Attorneys specializing in Illinois public records law said Thursday it is the first such ruling of its kind in the state and therefore binding on trial courts statewide. It could also have repercussions for long-running complaints about Chicago police brutality.

“This opinion is part and parcel of a general feeling that government in Illinois needs to be more transparent than it has been,” said attorney John Myers, who argued the case on behalf of Springfield dentist G. Mark Gekas.

Police and government agencies have long denied public access to records of internal affairs investigations, citing a portion of state law that protects citizens from a “clearly unwarranted invasion of personal privacy.”

The appellate court shot down that argument.

“What he does in his capacity as a deputy sheriff is not his private business,” Appleton wrote. “Whether he used excessive force or otherwise committed misconduct during an investigation or arrest is not his private business. Internal-affairs files that scrutinize what a police officer did by the authority of his or her badge do not have the personal connotation of an employment application, a tax form, or a request for medical leave.”

css.php
Skip to toolbar