Postby fightingfor3 » Fri Nov 17, 2006 9:54 am
IN THE NINTH JUDICIAL DISTRICT
CHILDREN'S COURT DIVISION
COUNTY OF *******
STATE OF NEW MEXICO
*********
and for ******, minor offspring
and for ******, minor offspring
Petitioner/Aggrieved Party
V
STATE OF NEW MEXICO ex rel.
CHILDREN YOUTH AND FAMILIES DEPARTMENT
Respondents/Persecutors No: Judge:
OBJECTIONS AND CORRECTIONS
The Honorable Court above named is herby advised that the ABUSE and/or NEGLECT PETITION as prepared and typed is ERRONEOUS AND INCORRECT in the following particulars, to wit:
1. Page One: My legal name is ******.
2. Page One: I have not abused or neglected my children, *****, *****, and *****, by any standard, legal, moral, or otherwise.
3. Page One: The children did not reside at ******, *****. They resided at *******, *****, **.
4. Page One: My listed residence was *********, ****, **, not *****, **, **.
5. Page Two: “The facts giving rise to this Petition are set forth in the Affidavit for Ex Parte Custody Order, presented to the court in the casue, which is incorporated herein by this reference.” There was no Affidavit or Ex Parte Custody Order presented in the cause at the time this petition was filed.
6. Page Two: My children *****, ****, and ***** have never suffered physical abuse, emotional abuse, or psychological abuse inflicted by me, and CYFD has no offerings of proof to support this ridiculous allegation because none exists, as it never occured.
7. Page Two: I never neglected my children *****, *****, and ****. The facts dismissing this false allegation are set forth in the attached Investigative Report submitted by responding POLICE OFFICERS as Exhibit A.
8. Page Two: I never abandoned my children ******, *****, and *******. The facts dismissing this false allegation set forth in the attached Investigative Report submitted by responding POLICE OFFICERS. See Exhibit A.
9.Page Two: ***** was never a neglected child under §32-4-2(E)(4). The facts dismissing this false allegation are set forth in the Declaration of Facts, presented to the court in the cause, which is incorporated herein by this reference.
10. Page Two: CHILDREN YOUTH AND FAMILIES DEPARTMENT did not complete an investigation of the allegations. They acted under Color of Law to suit their own biased interest. Had they done a proper investigation they would have found that the allegations were unsubstantiated and made with malicious intent. By the standards of the DEPARTMENT OF HEALTH AND HUMAN SERVICES, authors of the Child Protective Services: A Guide for Caseworkers. 2003 SOCIAL WORKER and SOCIAL WORKER as well as SOCIAL WORKER should have done the following in the beginning stages of the “investigation”: Gather sufficient information from the reporter and agency records to be able to: Identify and locate the children and the parents or primary caregiver, Determine if the report meets the statutory and agency guidelines for child maltreatment, Assess whether the child is safe, Evaluate the motives of the reporter; Provide support and encouragement to the reporter by: Explaining that the purpose of CPS is to protect children and strengthen families, Emphasizing the importance of reporting and explaining the process in which the report will be tracked, Describing the types of cases accepted by CPS as well as the types of information needed from the, reporter, Responding sensitively to the fears and concerns of the reporter, Discussing the State's regulations regarding confidentiality, including the circumstances under which a reporter's identity may be revealed (e.g., if required by court action in a particular case); Handle emergency situations such as: Calming the caller, Determining how to meet the immediate needs of the child and family being reported, Check agency records and the State's SIC (if appropriate) to determine if the family or child is known or has been reported to the agency previously.
11. SOCIAL WORKER, SOCIAL WORKER, and SOCIAL WORKER all failed to determine if the report met the statutory and agency guidelines for child maltreatment.
12. By New Mexico statute §32-A-4 “abandonment” is defined by:
instances when the parent, without justifiable cause: (1) left the child without provision for the child's identification for a period of fourteen days. ****, ***, and *** were not left with SO's Mom for fourteen days, but rather one night and day that she agreed to care for the children. SO's Mom by her own free will and choice picked up my children from school and daycare May 9th, 2005. The children ****, ****, and **** all had their birth certificates, social security cards, and insurance card with them. (2) left the child with others, including the other parent or an agency, without provision for support and without communication for a period of: (a) three months if the child was under six years of age at the commencement of the three-month period; or (b) six months if the child was over six years of age at the commencement of the six-month period. **** and **** were both over the age of six when SO's Mom cared for them. Neither **** or **** were left for six months. ***** was under the age of six and was never left for three months. Never during the duration of their care provided by SO's Mom were they left without provision for support and without communication.
12. The POLICE Investigative Report concurred that my children “were never in any type of danger as a result of the mother’s actions.” See Exhibit A. By New Mexico statute §32-A-4 an “abused” means a child: (1) who has suffered or who is at risk of suffering serious harm because of the ac(2) who has suffered physical abuse, emotional abuse or psychological abuse inflicted or caused by the child's parent, guardian or custodian; (3) who has suffered sexual abuse or sexual exploitation inflicted by the child's parent, guardian or custodian; (4) whose parent, guardian or custodian has knowingly, intentionally or negligently placed the child in a situation that may endanger the child's life or health; or (5) whose parent, guardian or custodian has knowingly or intentionally tortured, cruelly confined or cruelly punished the child; C. "aggravated circumstances" include those circumstances in which the parent, guardian or custodian has: (1) attempted, conspired to cause or caused great bodily harm to the child or great bodily harm or death to the child's sibling; (2) attempted, conspired to cause or caused great bodily harm or death to another parent, guardian or custodian of the child; (3) attempted, conspired to subject or has subjected the child to torture, chronic abuse or sexual abuse; or (4) had his parental rights over a sibling of the child terminated involuntarily; D. "Great bodily harm" means an injury to a person that creates a high probability of death, that causes serious disfigurement or that results in permanent or protracted loss or impairment of the function of any member or organ of the body. There was never any allegations regarding abuse or proof of abuse because no abuse ever occurred.
13."Neglected child" means a child: (1) who has been abandoned by the child's parent, guardian or custodian. My children were never abandoned. See # 12. (2) who is without proper parental care and control or subsistence, education, medical or other care or control necessary for the child's well-being because of the faults or habits of the child's parent, guardian or custodian or the failure or refusal of the parent, guardian or custodian, when able to do so, to provide them. My children *****, ****, and **** had parental care. My children ******, *****, went to school May 9th and on a continuous basis prior. ***** went to daycare May 9th. All children had medical insurance and had Primary Medical Doctors, and saw them when needed. ****** was able to receive medical services May 9th and was treated by a medical doctor and was able to receive and fill a prescription by which SO's Mom oversaw. The children ****, ****, and **** were all healthy, happy, and striving before CYFD’s intrusion into the family body. (3) Who has been physically or sexually abused, when the child's parent, guardian or custodian knew or should have known of the abuse and failed to take reasonable steps to protect the child from further harm. At no time were my children *****, ****, or **** physically or sexually abused, nor have allegations thereof been made. (4) Whose parent, guardian or custodian is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization or physical or mental disorder or incapacity. I have at no time in the duration of my children’s lives been unable to discharge my responsibilities to my children under any circumstance.
This is the beginning of the objections and corrections just to the petition itself. I got stuck on #5 under neglect. Then I will go into the fact that my children were safe. That they did not properly assess the intent of the caller. That they did not determine the needs of the family and look into all resonable efforts as defined by ASFA. And whatever else I can come up with. Then I will go on to the ex parte custody order and affidavit which was filed a day later and do the same.
Any feedback so far would be wonderful! I wonder if I should break up the longer paragraphs even more or organize them differently?
I posted twice by accident.