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Fraud and Deception

June 13, 2008 in child abuse, DYFS, family court, New Jersey

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.

The Perfect Family

December 8, 2006 in CPS, false accusation, Gravelle

I’m sure many of you are following the Gravelle case in the news. The articles I have read thus far have not been complimentary, to say the least. In fact, every article that has been published begins out horrifically and ends with a single redeeming statement or two about the parents.

I gave Sharon a call today just to see how they are holding up. Sitting in the courtroom day after day listening as the truth is distorted and lies are told is really hard for them both; I could hear it in her voice.

While I would be an idiot to believe this was a perfect family; I personally don’t know of any. I do believe the Gravelle’s had their heart in the right place, when they took in these children. The state is certainly out to persecute them.

My heart really goes out to this family. The children have all been separated and some of them can’t even understand why. These were children no one wanted and caseworkers from the state approached Mr. & Mrs. Gravelle about taking the children in, not the other way around, though you wouldn’t know that from sitting in the courtroom.

Son Testifies Against Parents

I even received a nasty letter from their son, blasting me for being supportive of the Gravelle’s. He claims the father admitted to abusing him, the father made no such claims to me and the accusations made against Mr. Gravelle by the boy and later his sister were both found to be false and without merit.

In fact, the daughter who testified at the pre-trial hearing will not be allowed to testify for the prosecution because it was learned that she intentionally falsified statements because she was mad at her father.

I have a grandson who sleeps in a “cage,” it’s painted nicely and enclosed securely because he can’t be trusted not to get up in the middle of the night and get out and wander the streets. Special restraints are sometimes to help keep him from injuring himself when he gets upset.

He eats things that mess up his bowels and has severe sensory issues. I get regular updates from his adoptive parents and they have simply had a terrible time keeping up with his medical needs. If the state can prosecute the Gravelle’s, they could certainly prosecute my grandson’s parents for doing some of the very same things the Gravelle’s are being accused of.

People who have never cared for autistic children and children with other debilitating diseases, have no idea the heartache and pain a parent goes through in providing for their care. Not to mention all the money that goes into their care and treatment. It’s no picnic.

State Seeks Caregivers

As far as I’m concerned, the only thing their guilty of is having too big of hearts. The state asked them to take in these special children the state was unable to place elsewhere; No one wanted these children, the state made huge money on these kids when they adopted them out.

The dirty little secret here is that the state can turn around and sell these same children again to the next poor soul who simply loves children and can’t say no to them, if they can convince a jury that these parents were unfit. In otherwords, the state has a vested interest in the outcome of this case and their motives are not simply altruistic.

We are talking about children who were so abused that they ran out into the street to see their father when he drove by their foster home. That is a matter of public record. Now the state has had these children in custody since March and have coached these children to testify in court about the “abuse” they have suffered. Even the judge was appalled by some of the statements they made in his chambers before they were allowed to testify in open court.

This trial is a farce and nothing good will come of it, even if the children are allowed to go back home, it will be years before the damage will be undone, if ever.

I would just like to add a public note to their son…

You should be ashamed of putting your family through this. None of us have perfect childhoods and maybe you feel your parents could have done a better job? Most adults feel that way at sometime in our lives. You don’t air your dirty laundry in public just for the attention. Please seek help.

This whole case just makes me sick.

WI: Death Investigation

November 10, 2006 in foster care, Wisconsin

Your assistance is requested in this Wisconsin wrongful death case.

I was contacted by Steve Wagner from the Citizens Commission on Human Rights (CCHR) in Los Angeles. CCHR is a non-profit organization established in 1969 by the Church of Scientology to investigate and expose psychiatric violations of human rights and crime and fraud in the field of mental health.

Foster Child’s Death

Steve saw my website and e-mailed me. He had earlier been contacted by Donna Pavlik of Minnesota, whose foster daughter, Angellika Arndt, died after being restrained by two employees at the behavioral treatment center where she was a day patient. Steve is seeking my help and the help of parents who have experienced similar heartbreaks in getting justice for Angellika’s family.

On May 25, 2006, 7-year-old Angellika lost consciousness after being restrained at the Rice Lake Counseling and Guidance Center, in Wisconsin. She died the next day in Minneapolis, where she was hospitalized. The medical examiner of Hennepin County (Minnesota) ruled her death a homicide (death caused by another person).

Angellika had been attending the Center five days a week for the previous month. She was placed in a “control hold” for one to two hours, in which she was held on her stomach on the floor, with one staff member gripping her ankles as another holding down her shoulders. She calmed down, was released and then passed out. The reason she was restrained? She was gargling milk.

Investigation Continues

I spoke with the Angela Holmstrom, the district attorney of Barron County, WI, who is handling the case. She assures me that the case is being thoroughly investigated and reviewed by her office, as well as the local police, Attorney General and Department of Justice. In May, Holmstrom’s office stated that it did not expect to decide before July 15 whether to press criminal charges against the two people who restrained her.

Here we are – three and a half months later – and still no decision on whether to file a criminal charge.

The two staff members who restrained Angellika were immediately placed on paid administrative leave.

The Wisconsin Department of Health and Family Services conducted an investigation of the Rice Lake Center after Angellika’s death and issued its findings in mid-June 2006. The report cited numerous violations. The most alarming fact is that the clinic used physical restraint procedures on Angellika, despite the fact that her treatment plan contained no mention of the use of restraint as part of her treatment! The clinic failed to seek and obtain such approval. But they used it on her anyway, resulting in her death.

According to the District Attorney, the one thing stopping them from filing criminal charges against the Center and employees is that they don’t think they can prove that there was criminal intent (intention to kill the girl).

There is, however, the crime known as manslaughter. Manslaughter does not require the District Attorney to prove criminal intent.

There is only one similar case I know of where the caregiver was prosecuted: In February 2004, Indiana day care worker Courtenay Scott pleaded guilty in the death of 2-year-old Alexis Williams. Scott restrained Williams by putting her legs on top of girl when she would not lie down for a nap. Scott was sentenced to two years probation, including six months home detention.

What I am leading up to with all this information is a request for you to write a short letter to Barron County District Attorney Angela Holmstrom urging her to pursue charges of manslaughter against the Center and the two employees. You can return the letter to me and I will forward it to Ms. Holmstrom and will also send copies to the Attorney General and Department of Justice.

Please read over this post again to get a complete understanding of the factors and then to write the letter from your own viewpoint and experience in similar matters. If you need assistance with writing the letter, Steve or I will be happy to help you with it.

I think that together, we can help bring about justice.

Sincerely,

Voice for Children

Please send Email to:
CCHR International

Please forward this alert to everyone on your list!

Therapeutic Fraud

September 17, 2006 in foster care

I put my handicapped (cerebral palsy and mental retardation) son in therapeutic foster care so he could attend a special education school in another city. I had to work through a state contracted provider agency to get him his service.

When I went and checked out his placement, it was awful — very dysfunctional and I pulled him out. He began living with me in that town.

The provider agency continued collecting monies from the state for 3 plus years (just as if my son was still living with them) while we got by the best we could, as I put my life on hold for my son and depleted all I had and all I could get to support us.

Can you help?

~Raymond

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