Anyone heard this before???

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momof3
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Anyone heard this before???

Postby momof3 » Wed Mar 08, 2006 1:22 pm

Contacted all childrens schools today about them letting CPS question kids yesterday and not obeying our note.
2 schools are looking into it.

My disabled sons school sent the letter back home with a note today stating it should never been signed, cannot keep in his file, that it is against Maryland law and no matter what they have to let CPS have access to children. And if I have a problem I should bring it up with CPS not the school.

What the heck is this????

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DontBiteMyNose
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Postby DontBiteMyNose » Wed Mar 08, 2006 1:56 pm

Very interesting. I suppose they didn't mention which law that prevented that. I'd consult with an attorney, if I were you. Could you possibly transcribe the note sans private information here, please?

Dan Sullivan
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Re: Anyone heard this before???

Postby Dan Sullivan » Wed Mar 08, 2006 2:03 pm

momof3 wrote: My disabled sons school sent the letter back home with a note today stating it should never been signed, cannot keep in his file, that it is against Maryland law and no matter what they have to let CPS have access to children. And if I have a problem I should bring it up with CPS not the school.


Apparently the instructions in your letter would cause the school to be in violation of the Maryland child protection law.

Obviously your instructions aren't going to take precedence over the law.

As far as a civil lawsuit goes...

First it has to be determined what chances a plantiff has in prevailing in the suit.

And the next question is what you can prove is the value of the injury suffered.

Best, Dan

RKeyser
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Postby RKeyser » Wed Mar 08, 2006 2:10 pm

momof3,,, don't back down hun, you have your rights and the moment you give in they will tear you up.

Bob_Lynn
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Postby Bob_Lynn » Wed Mar 08, 2006 2:17 pm

Constitutional law prevails over state law. If that Maryland law (if it exists) violates your Constitutional protections, it is not valid and can be challengeable.

momof3
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Postby momof3 » Wed Mar 08, 2006 5:46 pm

Thanks for all adavice, thats what I was wondering. If constitutional law took precedence over state law. This was my disabled sons school that sent this back after I questioned them on letting him speak yesterday. He cannot really speak for himself do to his mental and physical disablilities and I feel and a disabled minor he has the right to be represented. I as his parent should determine who he does and does not speak with at school and with school being responsible for him during the day should respect his rights and my wishes. They told me to take it up with CPS. My problem now is with them not wanting to protect him during school hours.

Here is the word word letter if someone thinks I should make changes and try again let me know. Thanks.

XXXXXX School is hereby notified that XXXX XXXXX is not to be questioned by any government agency including but not limited to Child Protective Services during school without parents first being contacted and given opportunity to be present, and/or have attorney present and/or anyone else designated by xxxx and XXXXX,

XXXXXX is a 14 year old child with disabilities. He is at school to learn and receive therapy, and this process is not to be disrupted unless parents are notified. Due to his disability XXXX should and is ordered by parents to have representation of parents choosing before any contact with any government agency, including but not limited to Child Protective Services. Any failure to obey this request ia violation of XXXXX civil rights and legal action will be taken.

Maybe to harsh????
Last edited by momof3 on Wed Mar 08, 2006 5:56 pm, edited 1 time in total.

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Dazeemay
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Postby Dazeemay » Wed Mar 08, 2006 5:54 pm

I think I found you something to come back on them.

It is the Maryland PTA website.

Look at safe and nurturing environments

#3.Require the presence of a parent/guardian whenever there is an interrogation of a minor by school administration or law enforcement officer, in any situation where there is no threat of imminent danger to themselves or others.

http://www.mdpta.org/bridge_legislation.html
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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Dazeemay
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Postby Dazeemay » Wed Mar 08, 2006 6:03 pm

Well, this is what they are talking about in your letter.

http://www.mcps.k12.md.us/departments/p ... /jhcra.pdf

School officials are not required to notify parents or guardians of investigations on school premises involving suspected child abuse and or neglect under the Family Law Article, Sub Title 7, Annotated Code of Maryland
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

momof3
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Joined: Sat Jan 14, 2006 10:23 pm
Location: Eastern Maryland

Postby momof3 » Wed Mar 08, 2006 6:05 pm

Thank you, sooooo much Dazeemay.

Here is the response word for word to my above letter


With further review of your complaint today, I regret to inform you that the letter earlier signed for and being placed in XXXXX file is being returned. Due to maryland law I should have not signed your earlier letter. I am obligated by Maryland law to cooperate with all Government Agencies questioning children due to an investiagtion of abuse. If you have any further concerns about the Department of Social Services questioning your children, I suggest you contact them and not the school.

Dan Sullivan
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Postby Dan Sullivan » Wed Mar 08, 2006 6:24 pm

Dazeemay wrote:I think I found you something to come back on them.

It is the Maryland PTA website.

Look at safe and nurturing environments

#3.Require the presence of a parent/guardian whenever there is an interrogation of a minor by school administration or law enforcement officer, in any situation where there is no threat of imminent danger to themselves or others.

http://www.mdpta.org/bridge_legislation.html


The heading preceeding that statement reads "Maryland PTA supports public policy, legislation and regulation which..."

#3 is not a law.

It's just something that the Maryland PTA supports.

Whether the law reflects what the PTA supports is another matter.

momof3
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Location: Eastern Maryland

Postby momof3 » Wed Mar 08, 2006 6:35 pm

Ok so I guess there is nothing I can do. I wonder due to the fact he is disabled if there is something separate protecting handicapped children from being questioned with no representation. I will begin looking into this.

Bob_Lynn
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Postby Bob_Lynn » Wed Mar 08, 2006 6:43 pm

You should question the letter writer as to what specific law he's referring to.

In terms of handicapped children, you may want to research the Individuals with Disabilities Education Act (IDEA), 20 USC § 1400, start at
http://caselaw.lp.findlaw.com/scripts/t ... 0&sec=1400 and related case law, if it's applicable.

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Dazeemay
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Postby Dazeemay » Wed Mar 08, 2006 7:00 pm

In case you missed my second post right after the PTA post

Well, this is what they are talking about in your letter.

http://www.mcps.k12.md.us/departments/p ... /jhcra.pdf

School officials are not required to notify parents or guardians of investigations on school premises involving suspected child abuse and or neglect under the Family Law Article, Sub Title 7, Annotated Code of Maryland
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

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good dad
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Postby good dad » Wed Mar 08, 2006 7:30 pm

School officials are not required to notify parents or guardians of investigations on school premises involving suspected child abuse and or neglect under the Family Law Article, Sub Title 7, Annotated Code of Maryland


Funny thing....Title 7 deals with divorce :roll:

I couldn't find anything that deals with CPS and abuse in it..

Do you think the school could have screwed up in it?

Here is title 7 sections:

TITLE 7. DIVORCE

Section
7-101. General provisions.
7-102. Limited divorce.
7-103. Absolute divorce.
7-103.1. Protective orders
7-103.2. Child support and custody educational seminar.
7-104. Offer or refusal of reconciliation.
7-105. Restoration of former name.
7-106. Record of divorce decrees.
7-107. Award of reasonable and necessary expenses.


"ALL" deal with divorce
*********************
My advice is my opinion and not legal advice
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A bad lawyer is worse then no lawyer and bad advice is worse then no advice....

DOTTY
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contact the ADA..american disability asso.

Postby DOTTY » Wed Mar 08, 2006 8:04 pm

call your local chapter of the ADA or seniors and people with disability services...they do not like other people or agencys going against disabled people rights...since your son is disabled and not really able to speak for him self ..he has to have some one family or lawyer with him before being questioned ...on the grounds hes unable to alone...............dotty

momof3
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Location: Eastern Maryland

Postby momof3 » Wed Mar 08, 2006 8:13 pm

Thank you, Dotty. I am not done with this and will not stop until he and all my children but especially him are protected from this in the future. It just does not make sense that I as a parent and they as minors and one disabled have no rights when they go to school. Not what I expect living in America.

I wish I could get a lawyer involved, but with 3 kids, a mortgage and so on, there is just no room in our budget for that expense. But I believe I can help my family as well as others in other ways and plan on doing just that.

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Dazeemay
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Postby Dazeemay » Wed Mar 08, 2006 8:14 pm

Good dad I saw that and have been researching the info and can't seem to find what exactly they are talking about.

I posted it before I read it..... :roll:
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

DOTTY
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Joined: Tue Mar 08, 2005 1:23 pm
Location: oregon
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your welcome

Postby DOTTY » Wed Mar 08, 2006 10:13 pm

yes even your young child has rights ...right to have family or someone present before being quistioned by an agency or other. I work with a lot of disabled people, even ones that cant talk for them selves you as the PARENT has the right to speak for him and or repeat any ? any one has for him..he has rights no matter what his disability is, or how severe.......call the disability people they will tell you what you should do ....and what rights that have already been broken by cps.... your son being question with out you or a someone on his behalf present is a against the ADA law....dotty

DOTTY
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hope this helps ADA link

Postby DOTTY » Wed Mar 08, 2006 10:35 pm

http://www.jan.wvu.edu/links/adalinks.htm#law this is the ADA link it will tell you your son has every right that we all do and how they can possiable help you ...........dotty
uugggg

Dan Sullivan
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Postby Dan Sullivan » Thu Mar 09, 2006 12:58 am

Principal - I am obligated by Maryland law to cooperate with all Government Agencies questioning children due to an investiagtion of abuse.

And,

School officials are not required to notify parents or guardians of investigations on school premises involving suspected child abuse and or neglect under the Family Law Article, Sub Title 7, Annotated Code of Maryland.

OK, now a show of hands... how many people think a lawsuit is a good idea?

And now, how many people think harassing the schools (because they complied with the law) won't generate retaliation... possibly another CPS report?

Now, how many people would have a second thought if it was THEIR kids?

A while back I tried to help a mother from Missouri whose autistic son, the oldest of four kids, was hit and yelled at on the school bus by the driver's assistant and the driver (recorded on video tape!!!).

The mother filed a huge lawsuit against the school and the bus company.

The school made a CPS report against the mother NOT for abuse or neglect, but because they claimed she was overwhelmed by caring for her children. Removing her children would allow the Judge to dismiss the civil suit against the school because the parents no longer had custody.

All four kids were removed and the last I heard CPS was going to keep two and send two back to the mother and father.

Best, Dan
Last edited by Dan Sullivan on Thu Mar 09, 2006 7:09 am, edited 1 time in total.

Bob_Lynn
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Postby Bob_Lynn » Thu Mar 09, 2006 3:32 am

If people are going to run their lives doing nothing against government agencies that have wronged them because they are living in fear that those or other government agencies are going to retaliate, we might as well pack it in like good sheep and suck up everything they do to us. This is exactly what they want.

The lawsuit is one of the few weapons we have left and the Constitution protects that right in the very First Amendment, through redress.

In any federal lawsuit, you can protect yourself against retaliation via an injunction.

Dan Sullivan
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Postby Dan Sullivan » Thu Mar 09, 2006 4:31 pm

Bob_Lynn wrote:If people are going to run their lives doing nothing against government agencies that have wronged them because they are living in fear that those or other government agencies are going to retaliate, we might as well pack it in like good sheep and suck up everything they do to us. This is exactly what they want.

The lawsuit is one of the few weapons we have left and the Constitution protects that right in the very First Amendment, through redress.

In any federal lawsuit, you can protect yourself against retaliation via an injunction.


Which government agency can these people sue?

And what would the lawsuit allege?

CPS conducted an investigation as they are required to do by law.

And the school allowed CPS to interview the children as they are required to do by law.

And even if the parents could sue how much money would be awarded for the school allowing CPS to interview a child that was reported to have been maltreated?

And an injunction?

How long would it take to get one of those?

And who would it be an injunction against?

And what would it be an injunction against?

How effective would the injunction be against an anonymous phone call to CPS alleging maltreatment in the plaintiff's family?


"In any federal lawsuit, you can protect yourself against retaliation via an injunction."

On which website and exactly where can I verify that bit of information?

Bob_Lynn
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Postby Bob_Lynn » Thu Mar 09, 2006 4:41 pm

If you're legitimately asking for the answer to those questions, consult an attorney who won't charge for a consultation Dan, that's what I advised in the first place.

Dan Sullivan
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Postby Dan Sullivan » Thu Mar 09, 2006 4:48 pm

Bob_Lynn wrote:If you're legitimately asking for the answer to those questions, consult an attorney who won't charge for a consultation Dan, that's what I advised in the first place.


Bob wrote, "In any federal lawsuit, you can protect yourself against retaliation via an injunction."

On which website and exactly where can I verify that bit of information?

momof3
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Postby momof3 » Thu Mar 09, 2006 5:27 pm

Have made many phone calls today, not getting anywhere with any of it though, but it was only day 1 I am in this to stay and will stop this nonsense, I will find out my sons rights.

Funny thing: A neighbor of mine's friend just had CPS pull her 2 children out of school due to a complaint made by her ex husband. Social Worker was very nice and helpful, she was upset about her children having been upset at school and CPS told the lady that if she didnt want her daughters pulled out anymore to simply put a note in their file at school and that will protect them.

This is also Maryland and same school district and county, I dont think anyone in the government and schools know the laws themselves so how are we suppose to know whats true and whats not, very frustrating.


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