You are browsing the archive for public defender | My.Kidjacked.com.

Oregon Child Kidnapping

June 26, 2016 in Child Protective Services, CPS

LANE COUNTY CHILD WELFARE KIDNAPPING CHILDREN AGAIN
Press release

cps-memeEugene, OR: June 26, 2016 — Although 3 ½ year old M.E.D. has not yet been removed from his parents loving care as of yet, his parents fought back against Lane County DHS Child Welfare and filed a Federal lawsuit against the state on June 8th after discovering massive amounts of fraud that had occurred by DHS case workers over the last six months in regards to the mishandling of their case. In direct retaliation, the father’s disability benefits were slashed to next to nothing and the agency filed a “new” bogus child welfare case in an attempt to sidestep the Federal courts established jurisdiction over the matter.

The story unfolds after the mother took M.E.D. to the Riverbend Emergency Room last December to get him checked out. After the doctors told her he was okay and they began to check out, the police were called and the mother and child were detained against their will, for several hours as other unnecessary and invasive procedures ensued.

It was revealed at some point that the father was on disability, which is what the mother believes to have contributed to the gross police misconduct. Once the sleep deprived mother had finally had enough of the abuse of power, and was clearly upset about the situation, the tables were turned and Lane County Child Welfare was contacted. When the mother refused to sign an ROI without an attorney present, DHS caseworker Kelsey Nielson retaliated against the family by initiating a safety monitoring plan, alleging that the child was not safe in the mother’s care. The mother was informed that if she left the ER with her child, she would be arrested and detained and her child would be taken into protective custody.

On December 29th, just 4 days after Christmas, Kelsey Nielson once again threatened the mother stating that if she didn’t sign a voluntary service plan, her child would be taken into protective custody 2 days later and court would get involved. The mother reluctantly submitted and agreed to the “voluntary” plan to avoid court involvement. 4 days later, the family was served with a faulty summons to appear at the Lane County Juvenile Court with their child. No statement of their parental rights were included with the summons, as required by law.

The mother hired a private attorney for $5,000 who coerced her and her husband, in collusion with the DHS caseworker, to admit to “possibly benefitting from additional parenting classes” and to “having a traumatic brain injury. Because these admissions weren’t crimes, they were told everything would be fine, and over the course of 6 months, the parents jumped through multiple hoops in order to maintain legal custody of their child. Nevertheless, the agency was always asking them to do more and more.

Finally, they demanded that both parents undergo psychiatric evaluations with DHS staffed psychologists. Because they had heard of the danger of undergoing such biased types of exams, and after finally receiving copies of their discoveries from their attorneys, the parents fired their attornies and took matters into their own hands, filing notices of tort claims and initiating a full blown Federal lawsuit against the state.

The agency retaliated by falsely alleging that the mother “believes children at her son’s daycare slice their fingers off with knives” and that she let M.E.D. “runs around in a parking lot” that doesn’t even exist. This time, mother fired her new public defender and represented herself pro se. She asked the judge if she was entitled to fair and meaningful hearing, and much to her surprise, the juvenile court judge changed her entire tone.

The mother caught the caseworker in multiple lies under oath, in front of the judge. Towards the end of the hearing on June 16th, the judge acknowledged that her ability to make any decisions on the old case was stayed due to the Federal lawsuit. However, she misinterpreted that she could make decisions on the new case, and set the shelter hearing over to June 22nd at 1:30 pm. She informed DHS that they could remove a child from a home if they believed they were in serious danger, but she was not going to make any such orders or grant them permission to do so until the hearing was completed. The hearing has been set over once again until this Wednesday, June 29th.

Once the family arrived home, they had gotten word from the other arm of DHS, Seniors & Disabled Services, that nearly all of their household income was being cut. They also discovered a Protective Custody Order that was dated for the day before, thus proving a premeditated plan to kidnap their child had been made, alleging that the parents failed to participate in any services, and that their child was to be placed in “stranger foster care”.

On June 20th, two DHS caseworkers arrived at the family’s residence with six Eugene Police Officers. They
claimed that they were there to take custody of their child. The parents refused to open the door because the officers were unable to produce a warrant to that effect. However, despite the Federal court papers pinned to their door, the officers and caseworkers repeatedly claimed that they had legal custody of their child. They eventually left and have not returned since. The entire charade was caught on camera. M.E.D. could be seen playing safely in the kitchen, but stating “I don’t want to be taken” as his mother tried to console him that everything would be fine.

For now, the family is safe and out of harm’s way until the continuation of the shelter hearing being held this Wednesday. But there is no telling what the next corrupt action will be at this point.

What the judge, DHS, and the other attorneys don’t seem to understand, is that the Federal lawsuit stays ALL juvenile court proceedings, including but not limited to removal of the child from the parents custody in addition to all illegal hearings and new cases that arise in regards to the matter.

Shauneen Scott from the Department of Administrative Services Risk Management Department in Salem is currently investigating the case through the Department of Human Services, but was unavailable for commenting today, along with the Oregon Department of Justice state attorney general.

HELPING OTHERS WITH PARENTAL EQUALITY
SETH LAISURE – (503) 269-9737
hopefororegon@gmail.com

Fresno CPS Steals Children

August 26, 2012 in California, Child Protective Services, corruption, Kidjacked

I’m writing this on behalf of Ms. Coleman. She’s just devastated because of what’s happening. We now have information that the CPS worker had keys to Caroll’s property in Paso Robles and the public defender that Caroll was assigned has been making nothing but excuses and canceling all the appointment’s that Caroll has made.

Fresno Arch on Van Ness Avenue

Fresno, California

Ms. Coleman lives in Creston, Ca. After her husband died she met Paul Bethel through a friend from Clovis, Ca. They got together and had a daughter. She moved in with Mr. Bethel and he later became violent. She moved out and into a home in Clovis, trying to get along with Mr. Bethel.  Mr. Bethel beat her up pretty badly and was charged and convicted. Mr. Bethel continued to harass Caroll and got her evicted from her home so she moved back to Creston, Ca where her house is. Mr. Bethel did not like this and stole all of Caroll’s and her children’s belongings helping her move out of the home in Clovis. He was to put everything in storage but did not.  Caroll was at her home in Creston when Mr. Bethel started calling CPS.  A worker named Alisha Dozier showed up at Caroll’s home, looked things over and said everything looked okay.

Caroll came to my home in Fresno over a weekend waiting for her storage to open Monday morning,  I was going to help her with her things she had in storage.  When Monday came, this was April 16, 2012 at about 10 am there was a knock at the door, Caroll answered the door and there was police saying Caroll had a warrant for her arrest. Caroll came and got me and she went outside and asked what the warrant was for.  One of the officers stepped back and a woman stepped forward, it was this Alisha Dozier she told Caroll she was here to take the child.

Caroll asked what child because she has two children and she also had her brothers son who she had been taking care of for about a month. Alisha Dozier looked like she did not know what to say after that, then one officer said to take this into the house.

Caroll again ask why she wanted to take the children and then one of the officers told Caroll to “shut up and she knew why cause she’s the one that caused this.” Caroll then told her son to go with his sister and take care of her. Then my brother came out of his room to see what was going on.  My brother asked if they had a warrant and the officer said he did not need one, and told my brother,  “don’t you think I checked into that before coming here”.

Caroll then asked if the children could go to her mothers house which lived not to far from me. Alisha told her that her mother had to be checked first. Now all this is happening with no kind of paper work whatsoever. CPS Alisha Dozier had no paperwork and the police had no paperwork, mind you that it was not just one or two officers they brought the Swat Team.  Caroll has no record and I don’t think the reason for taking the children was for drinking, as Alisha said.

So here we have a CPS worker for another county come to Fresno, with no kind of paperwork, brings the Fresno PD and takes Caroll’s children. And to top that off there is no record of Fresno police department coming to my home.

Carolls oldest is 13 or 14 Alisha Dozier left with all three children and drove to Caroll’s mothers home and dropped off Caroll’s brothers son with Caroll’s mother and did not even get out of the car. She parked across the street, according to Caroll’s Mother.

Then Alisha Dozier drove to Paul Bethel’s house out in Clovis, according to Caroll’s oldest child. In the mean time, Caroll and her mother were on the phone calling CPS trying to find out what was going on, with no results. It took three or four days before Caroll or her mother got ahold of somebody and were given a court date.

According to Caroll’s oldest son, when they finally got to Paso Robles, Alisha Dozier was met by someone who started yelling at her.  Alisha Dozier has not been seen since. The day of Court the Supervisor of Alisha gave Caroll a card and said it was her new worker.

Come to find out that was not Alisha’s Supervisor just someone trying to cover up what had happened or was part of the plan to take the children. This new worker’s name is Sara Tindula. Caroll has never seen or talked to this person except over the phone one time. She’s the person that told Caroll of a court Date.

Alisha Dozier was the one that came to Caroll’s house and met Caroll and is the one that came to my home in Fresno with the police, but this new worker Sara Tindula is the person who signed all the papers on the detention report with all of the allegations and has never been to either home, and has never talked to Caroll other than on the phone one time…yet she’s the ones filing the reports.

Now this report says Caroll fled San Luis Obispo County when in fact she came back to Fresno to get the rest of her things here to move back to her home in Creston. Caroll was moving away to be away from Mr. Bethel. The court in San Luis gave the children to Paul Bethel’s brother David Bethel, which gives Paul access to his daughter any time he wants.

Mr. Bethel has taken his daughter from his brother’s home at all hours of the day or night and to make things worse David Bethel and his wife went to SSA and filed to receive money that Caroll receives for her son, and did this without any authority whatsoever.

What gets me is that they filed before the children where even picked up by CPS! SSA is looking into the matter but has not done anything as of yet. They now have split the children and the oldest is living elsewhere.  CPS has still not even looked into giving Caroll’s mother the children. At a court hearing with Caroll in San Luis, they wanted to transfer the case to Fresno County.

The only reason I can think of is because they screwed up.

The Judge in San Luis told Caroll she could have her children returned to her once Fresno had picked up the case.

Fresno has picked up the case and Caroll still does not have her children back. During this time we have been looking into what had happened. Come to find out the CPS worker that came and took the children knows Paul Bethel very well, and has been a long-time family friend. In fact there’s a person named Kathy here in Fresno that works for the District Attorney and is related to Alisha Dozier by marriage.

We have reached the real Supervisor of Ms. Dozier in Paso Robles and she was not even aware of what had happened she says, but she has to know.  One of her workers, Ms. Dozier, is nowhere to be found.

We have made contact with a Regional Supervisor, which said she would look into it for Caroll and was going to have an Administrative Hearing. Caroll has asked for an Administrative Hearing several times without any results.  She has asked to file complaints and no one seems to want to help. Everyone keeps making up excuses. Caroll does not have the money for a good attorney which wants at the least a $5,000 retainer.

Someone has to put a stop to this madness. Caroll has been tested two times and passed all tests. Ms. Coleman has also been harassed by Fresno Police Department. I happened to be with her one of the times and this officer came at Caroll with so much force I thought he was going to hit her, he even told her he wanted to rip her throat out. If I was not there I would not believe it, but he did.  He acted as if he was calling in our ID’s. He physically searched her out in the middle of a parking lot without a female officer present, and had her take her bra off and jump up and down.

When we got home, Caroll called her mother, which called Fresno PD, and they told her there was no stop by Fresno PD on myself or Caroll.  This is bull, and Caroll was stopped two more times by this officer and his partner, the last time Caroll’s mother was in the car and when the officer saw her he sped off.

I’m a Vietnam Veteran and never in my life have I seen an officer or a CPS worker and court system so screwed up. This is a SHAME to us all.

John Banias
Fresno, Ca 93727

Enhanced by Zemanta

CPS Worker Brings Lawsuit

May 9, 2008 in CPS, due process, foster care, West Virginia

Ex West Virginia caseworker calls for system reform.

Hello, My name is Elise Stewart I use to be a CPS worker and then Supervisor in West Virginia. Since leaving the West Virginia Department of Health & Human Resources (WVDHHR) several years ago, I have had a couple experiences with them that I am currently suing them over.

My point of this e-mail concerns the circumstances concerning my adult son and his on again, off again, girlfriend and their child who will soon be one-year-old. The baby was born with drugs in her system. The mom and maternal grandmother hid this information from my son. During the initial investigation by CPS, they failed to contact my son even though they knew who he was. The mom continued to do drugs while living with her mother (an active alcoholic) and this was the reason for the unstable relationship with my son, as he does not use drugs nor did he condone her use of drugs.

WV CPS Worker Brings Lawsuit

In November, after the girlfriend was admitted to the hospital for her drug use, her mother involved CPS. When the girlfriend was released from the hospital, her mother would not let her back into the house or near the baby. Against my better judgment and without knowing all the details, I let her and my son stay here.

Over the next two-weeks I babysat the baby while the girlfriend and her sister (also a heroin addict) attended NA/AA meetings. On the weekend in question, I was informed that the maternal grandmother had left town and left the baby with the heroin addict sister and her boyfriend who she met in rehab.

Seeking Temporary Custody

After lengthy discussion, my son and his girlfriend signed a paper granting me temporary custody of the baby. We went to the house to get the baby. The police were called, who in turn called the prosecuting attorney. I spoke on the phone to the prosecutor whom I had worked with for years. He said that I could take the baby.

CPS workers freaked out and told the police they had filed a petition on the Friday, it was awaiting the signature of a judge. They stated that I could not be near the baby as they had at one time opened a case against me. We were ordered to take the baby to the sheriff’s office and wait for the maternal grandmother who was on her way home.

Note on previous case: (The case they referred to took place when I was in England and they opened the case without my knowledge. The person my almost 18-year-old son was living with, kicked him out. Instead of then going to the place I setup for him, he went to stay with his older brother which CPS didn’t like…another issue altogether. Although I might add here that the person who kicked him out on the street was my best friend and the director of our local CASA)

We waited hours for the maternal grandmother to come staggering in completely intoxicated. She was given a breathalyzer and told she could not take the child due to her being drunk. She then became belligerent to the officers and left.

The girlfriend was told she could take the baby to her great grandmother’s house but due to the age of her great grandmother, the girlfriend had to stay with her.

Foster Care Placement

The next evening, CPS appeared with a custody order and took the baby in to custody, placing her with a foster family. My son was not considered for placement because they said there was no proof he was the father. None of us were allowed to see the baby until after the initial hearing — more than two weeks later.

Since that hearing, they first gave physical custody to the maternal, drunken grandmother while the state kept legal custody. The girlfriend was not allowed to be alone with the baby. My son was permitted one-hour of supervised visitation at the local DHHR each week, and I was told I would have to petition for grandparents rights.

Inadequate Representation

Subsequent hearings led to my son becoming very frustrated with his public defender who would not return his calls and thought proper council was seeing him for five minutes prior to the hearing. The DHHR wanted my son to have a DNA test and would not accept a paternity affidavit from him. They also wanted him to submit to drug testing and other such strictures, normally placed on parents alleged of abuse in these situations.

They alleged he “knowingly allowed” the baby to be abused by not stopping the mother’s drug use. The age old catch all CPS likes to use when they have nothing else to charge the absent father with.

My son had to reschedule the first DNA test. He went to the second one which proved him to be the father. He missed a court hearing due to his ride canceling at the last minute. He left voice mails for both his attorney and the social worker. Then he missed the next hearing as he received no notice from the court or his attorney. He has continued to see the baby at the girlfriend’s house rather than at the DHHR (against my advice).

After finally tracking down his lawyer last week, he received in today’s mail a proposed court order from the prosecutor charging him with abandonment. The hearing is scheduled for June.

Would you consider this ‘good practice’?

  • Not conducting a thorough investigation with collateral contacts (ie father);
  • Removing a child for ‘imminent danger’ that did not exist;
  • Being permitted to place a child in foster care when relative placement is available and more than adequate given kinship placement guidelines;
  • Being granted continued custody in foster care without testimony or an evidentiary hearing in court.

The court process is not due process. The guidelines and rules of procedure are not followed. CPS policy is not followed. My son has yet to receive notice of any MDT meetings or the reports that those meetings are meant to generate.

After years working inside this system I would highly recommend never speaking to a CPS worker without an attorney present and a tape recorder running. I have worked with the do gooders who see a cute little baby that deserves a ‘nice’ family, and the power trippers who take custody for their own warped sense of ego feeding….the list goes on.

Someone needs to revamp this system. The damage done to the family is not reversible and even the youngest of children experiencing the foster care system can act out on this ‘memory’ in years to come.

I realize this is a rather lengthy and tangential ramble. My apologies. It just send my mind racing with outrage at a system that is supposed to keep children safe and consider the well being of the child first and foremost.

~Suzie
West Virginia

Wrongfully taken in LA

March 19, 2008 in California, False Allegations, foster care

My 2 children were removed from my custody 7-years ago, over 45 false allegations were made that were not my fault. I have never had an opportunity to defend myself in court and they have never heard my side of the allegations.

I was given a public defender that never did her job. The public defender refused to admit into court viable information that would have shown I was not guilty of the allegations made against me.

They told me today, the only reason I still have so-called “parental rights” is to inform me if the children die or become ill. What do I do, they took them and wont give them back. I haven’t seen my children in 7 years. Also DCFS falsified reports, defamed me, and flat out lied and got away with it.

I have lost all hope now.

Shari R.,
California

css.php
Skip to toolbar