Please Help us get our daughter back!

DHS stole our daughter and these are the laws and rights they violated in doing so:

Our first constitutional right is Freedom of Religion and Speech.  The hospital that made the innitial call to social services ignored our request for our daughter not to be brought into the holiday festivities.  They did as they pleased and celebrated with her anyways even though the patient advocate made express concerns on our behalf for them not to do this.

4.  Our fourth ammendment right is to protect us from unreasonable search and seisure of persons (children) or property with out a warrent.  

They took London without reason and (the revised statutes states.)sec (15) Oct 1, 1983, Reasonable efforts  will be made (a) prior to the placement of a child in foster care, to prevent or eliminate the need for removal of the child from his home and (b) to make it possible for the child to return to his home.  Reasonable Efforts Mandates-  a safeguard to
parents and children that famlies not be traumatized due to needless seperation from each other.

* In the event of an emergency removal of a child from his home a “safeguard”  to parents and children that due process will be guaranteed by informed, unbiased judiciaries who are to mandate accountablilty for “reasonable efforts”  that child protection agencies be mandated. 

* We have been warned by our attorney that the judge over our case always for 20 years sides with cps.  I would hardly call this an unbiased judiciary.

A.  They are supposed to prove compliance with “reasonable efforts” and not mearly accept a pre printed form submitted cps for a “rubber-stamped” approval by the court, thereby denying the parent and child of due process rights to present evidence to the contrary. 

*our London was taken with a pre-printed form and a rubber stamped approval.  This has traumatized all of us greatly.  When we brought our evidence of the rental property to court the judge said it wasnt his case and since the other judge was out of town for the holiday he didnt want to step in and rule on another judges case.

*note- the family courts almost always without fail accept a preprinted “reasonable efforts” form from a caseworker without question.

5. our fifth ammendment right is being violated.  The fifth ammendment states that we are not to be compelled to be a witness against ourselves. 

* They are demanding psych evaluations from both David and I to try to use against us. This is using ourselves as a witness against us in their defense.

6.  The sixth ammendment states that we havfe the rightto know the evidence against you and confront our accuser.
 
sidenote_ on March 8th 2004 the us supreme court rules 9-0 to uphold the 6th ammendment against hearsay. (crawford vs. washington)

 *We have been told by the Gal and the caseworker that in child cases they do not have to disclose what they have against us until the date of the trial because its considered part of their investigation not part of discovery. 

7.  The seventh ammendment is the right to a jury tril if the value of contraversary exceeds $20. the right shall be preserved * we were ill advised by our first attorney to waive this right because his wife worked for cps for 20 years and we feel he was playing both sides of the fence.  Our new attorney got him to admit that this was a lost case because of whom the judge is and our new attorney said if we would have had a jury we would have won the case. now he says its a lost cause.  Since our daughter is worth immesurably more than a measly $20 dollars we feel our right should be preserved.

8. the 8th ammendment is the protection from cruel and unusual punishment.

*kidnapping our daughter and a malicious investigation is cruel.  the statutes mandate:  42 usc 671 (A) (15) and 672 (A) (1) kidnapping according to 18 usc sec.1203 are being held. “In order to compel a 3rd person… to do or abstain form doing any act as an explicit or implicit condition for the release of the person detained, or attemps or comspires to do so.”

* we strongly challenge that an emergency exhisted to remove our child. And request to either return the child to our custody file a formal complaint against us.

*my child has been wrongfully and unlawfully removed from my physical custody withuot constitutional due process, or even the pretext of reasonable efforts having been offered as mandated from the above mentioned statutes.

14.  The fourteenth ammendment is “against any state abridging your privileges or immunities or depriving you of liberty or property with out due process of law

* note-  child abuse and neglect cases are civil not criminal which is why there is no “due process”

Defination of child abuse and neglect “any recent act or failure to act on the part of a parent which results in death, serious physical or emothional harm, sexual abuse or exploitation; or an act or failure to act which present an imminent risk of serious harm.

* We took our daughter to childrens hospital because we saw a pattern of depression and mental illness, i hardly think they have any evidence that we failed to act when it comes to her well-being.

Defination of Neglect.  “failure to provide basic needs; physical- failure to provide food, shelter and supervision

* Although we have been homeless our daughter was always provided food and shelter and supervision medical- failure to provide necessary medical or mental health treatment. 

* they forget that we are the ones that brought her in for treatment when childrens hospital denied her first admission because they didnt think anything was wrong with her and then again they released her too soon after London had only 24 hours of “good behavior”  since when does 24 hours in the mental health field with bi-polar disorder indicate that someone is stabelized?

Educational- failure to educate child or attend to special education needs

* London has consecutively and consistantly been in school and has an IEP for her special education needs for her behavioral disorders. Emotional-inatention to childs emotional needs, failure to provide psychological care.

* We have been working with school counselors since pre-k and school therapists and our step in taking her to childrens hospital was to further provide her with the psychological care she needed.

LONDONS BILL OF RIGHTS ARE ALSO BEING VIOLATED ACCORDING TO THE CHILDS BILL OF RIGHTS.  THOSE BEING VIOLATED ARE BELOW:

4. states that every child has the right to express her opinion freely, and adults should address that opinion with the child in every decision that effects her. 

* in the cps report they state that they knew London did not feel threatened by us they identified that we love and care for London.  London told them she wanted to come home with her parents.

5.  states that she has the right to media access and guarantees access to all important communications media so they can communicate with adults.

* London is not being allowed to call us or to recieve calls from us.

6. is her right to participate in decisions that effect her. 

* she has told them she wants to come home.

12. Children have the right to have nurturing and caring parents or guardians.

*no one loves our child the way we do, her parents. No one cares for her more and will fight for her rights more then we will.

15.  Right to life, physical integrity and protection from maltreatment.

* mental abuse from removing her from her parents and medicating her with harmful drugs not fda approved for children under 12 and not approved for her particular mental illness is maltreatment.Childrens hospital had her inside their facility for 2 months , not one single time during her stay here did she get to go outside, furthering her depression.  their reason: “they were remodeling the playground”  even prisoners in colorado get to go outside for an hour a day , but not the psychiatric patients at childrens hospital.  This is maltreatment.

17.  Right to education.
* London was hospitalized for 2 months not going to school the entire time.

18. right to appropriate information and to have reality presented to them in a balanced and accurately representative fashion.
* When they first got custody for 5 days which the magistrate at the time (since then its been changed to a new courtroom) said that she didnt even need to hear from the mom because she felt the state did not represent in any fashion that we had neglected our daughter.  she immediately gave custody back to us, (which they refiled a week later when she was out of town for the holiday.)

They told London during the 5 days we could not call her or visit her that it was because our car broke down.  London then did not trust us and felt we abandoned her over a stupid car.  I told her the truth and that we would never ever stay away from her unless it was for bad people thinking that we were not good parents and wouldnt let us visit her.  The emotional damage this caused her is unknown at this time.