Court Tommorrow, hopfully the last one.

General chat area for anything that doesn't fit in elsewhere.

Moderators: family_man, LindaJM

ejaffe
Posts: 95
Joined: Fri Aug 12, 2005 6:20 am
Contact:

Court Tommorrow, hopfully the last one.

Postby ejaffe » Wed Dec 14, 2005 8:42 am

Tomorrow the Judge will either declare our child "in need of care" and force a service plan on us, or we will get to finally move along with our lives.

Here is a question though. In reading all our laws and their own policies and procedures I fould this tiny section.
"Any person, any employee of a local child protection unit of the Department of Social Services, who discloses without authorization confidential information about or contained within such reports shall be guilty of a misdemeanor and upon convistion shall be fined not more that five hundern dollars or imprisoned for not more that six months, or both."

Ok I want to see if I can somehow get our investigator for this. For two reasons, one being there is a couple down our street that she also happened to be investigating (we rarely talk to these people). But after trying to conduct an interview with them she told them, " you may not want want to talk to me because I took the ****** ***** baby". These people had no prior knowledge of they taking our child. Isn't this confidential information.

Also I visited the doctor whom we thought was making false allegations against us. He gave me a copy of the letter he sent to the jugde. It stated that we were intelectually capable of taking care of our sons condition, but OCS informed him of situations in the home what would be a danger to our him (the cluttered home im sure). He also hoped that our son be returned to us.
Im wondering if that also would be a disclosing confidential information about our case.

Bob_Lynn
Posts: 1276
Joined: Thu Dec 30, 2004 3:56 pm
Location: Pennsylvania
Contact:

Postby Bob_Lynn » Wed Dec 14, 2005 9:12 am

If caseworkers were diligently charged with committing crimes and prosecuted for violating the law:

1. You would not likely be dealing with them in the first place.
2. Over 90% of them would be in jail, most for committing capital crimes.
3. This website and others like it would not exist.

User avatar
Frustrated
Posts: 3916
Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
Contact:

Postby Frustrated » Wed Dec 14, 2005 10:38 am

I think this should be included into the Declaration of Facts Form, so the Judge can read this and going through these things. THEN it WILL BE ENTERED into Court Records. Then you can use the Court Records to go after them, suing I mean. I don't know if the Judge will even see this as a violation of the Law. The Judges are too busy going through from Case to Case. I think your Lawyer should bring at least once in Court, saying that the Neighbour knew about your Case.

I don't know, and have really no idea about this. I mean the CPS Workers HAS IMMUNITY, almost always! They are protected by the Judge, Government and the People that sponsored them. We just have to get a concrete proof that they are abusing their power, and releasing confidential information to others whereas, that they are not supposed to release information to a "third party" of any body. You need to bring the Neighbour as a "Witness".

Good Luck! I will PRAY for you and your Family and hope this will be END of it all. :D I really hope you will post on the Happy Endings. I have not yet in there but I will eventually!

gideonmacleish
Posts: 460
Joined: Thu Jun 09, 2005 9:50 am
Contact:

Postby gideonmacleish » Wed Dec 14, 2005 11:04 am

Those are the reasons why I'm withholding a few "bombshells" that I could bring out right now, RE: our investigation. I'd rather save'em for court (should we ever have to go) where CPS' response will say more than any "declaration of facts" ever could.

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Wed Dec 14, 2005 11:09 am

"Any person, any employee of a local child protection unit of the Department of Social Services, who discloses without authorization confidential information about or contained within such reports shall be guilty of a misdemeanor and upon convistion shall be fined not more that five hundern dollars or imprisoned for not more that six months, or both."


Do the Dec of facts like Frustrated stated and be sure you quote exactly where this came from.

Make your lawyer point this out in court and also that they need a preponderence of evidence according to the law. I don't know exactly what law that is and if I can I will post it for you.
Judges need to be reminded of this law.

Who knows maybe it will be the first time a judge would fine a cps worker. :shock:
**********************************
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

Dan Sullivan
Posts: 1538
Joined: Mon May 30, 2005 4:42 am
Location: Long Island, New York

Postby Dan Sullivan » Wed Dec 14, 2005 11:14 am

If it becomes necessary, let this Judge know that the previous Judge ruled the child was taken in error and that the worst the child has been healthwise was when he was in the care of CPS.

Further, there's no need for CPS to supervise the health care of your child... AND there's no benefit to your family were CPS to continue involvement.

Best, Dan

User avatar
scarfyrre
Posts: 419
Joined: Tue Aug 23, 2005 2:25 pm
Location: Fulton County, GA

Postby scarfyrre » Wed Dec 14, 2005 11:45 am

One thing I learned is the law doesn't care at the hearing how CPS acted. The trial was based on one thing: Did my husband abuse my son.

The judge at this thing won't take any policy violations into consideration, so my advice (and other's advice might be different) is just to focus on disproving what CPS is saying about you.

Keep a list of all policy violations, though, and keep all records to file a complaint/lawsuit. That's when things like what the caseworker said to the neighbor comes in.

Good luck!

User avatar
pebbles04
Posts: 235
Joined: Tue Dec 14, 2004 4:54 pm
Location: Virginia
Contact:

Re: Court Tommorrow, hopfully the last one.

Postby pebbles04 » Wed Dec 14, 2005 12:22 pm

ejaffe wrote:
Here is a question though. In reading all our laws and their own policies and procedures I fould this tiny section.
"Any person, any employee of a local child protection unit of the Department of Social Services, who discloses without authorization confidential information about or contained within such reports shall be guilty of a misdemeanor and upon convistion shall be fined not more that five hundern dollars or imprisoned for not more that six months, or both."




Where exactly is that law located? Like where it that on a site so I can use that cuz I know these jerk-offs made a lot of breaches on that regard. I remember them telling my friend that they knew my ex was going to file for full custody when he got back to the state of Virginia. The sad part was as far as I aware of that is not something they did or did not know and also that was not within their limitations or rules to say something to her abuot it. I mean if I wanted her to know about it then that is my business but that was not their right to tell her that. And then on top of that it wasnt him that was saying that it was their advice they were pushing to him. So I know that there was a breach of confidentiality and aside from that a breach of something that wasnt even established so slander would be on top of that too. If you can find a site or something where that happens to be located then it would be greatly appreciated that you send it to me. I should try to get my mom on here to say some things to but I do know that she has alot of time restraints what with two jobs. She has two teenagers that are about to graduate from high school. And she has two jobs because she is trying to cover their stuff and still in debt from helping me ...but I am going to see if she will and if you post that somewhere she can see it and help me some more...thanks!!
*whoever said that there is a honest social worker.?...they are not all totally honest and just because they are workers does not make them invinceable nor 100% honest...**
(that is my quote)

User avatar
Dazeemay
Posts: 4135
Joined: Sat Mar 05, 2005 1:07 pm

Postby Dazeemay » Wed Dec 14, 2005 12:31 pm

Even if the judge does not care what policies/laws they violated the dec of facts speaks volumes. This tells the future court that you made them well aware of actions they committed against you and it was ignored.

That is my understanding of how a dec of facts can work with you presently and if ignored how it can help in future court actions.

You need to state your side and all of your side is not going to be presented in court due to lack of time and the games they play.
**********************************
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


Return to “Round Table”

Who is online

Users browsing this forum: No registered users and 12 guests