Please read this Affadavit I am thinking about filing

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RTurner84
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Joined: Thu Oct 29, 2009 1:44 pm

Please read this Affadavit I am thinking about filing

Postby RTurner84 » Fri Dec 25, 2009 3:11 pm

I am going to post the affadavit I am thinking about filing. If you are familiar with this process please help me know what else needs to be entered here. I deleted all names

AFFIDAVIT OF
Illinois
Will County )
)
)

BEFORE ME, the undersigned Notary Public, personally appeared Firstname Lastname, who, having been first duly sworn by me, deposes and says that:

1. I, hereby state that on September 3rd, 2009, I contacted DCFS and Catholic Charities concerning the fact that my daughter was made a ward of the state of Illinois unbeknownst to me. .

2. I thought this OBVIOUSLY was a mistake and I was unaware of any event that led to this case. My daughter was visiting her father for the summer in the state of Illinois. Before this visit we were residing in . Being unaware of my rights, I continued to speak to Ms. of Catholic Charities and other DCFS workers in the state concerning the circumstances in which my daughter was taken. Also, I spoke with the State’s Attorney that is prosecuting the case. I was informed that I was notified by publication in which my name was improperly spelled. Also, I still have not received a copy of this alleged publication notice.

3. After receiving the available information concerning her placement with her paternal family, I inquired about what was necessary to get my daughter back. This is when I was informed that in order for her to be returned to Minnesota, it would require an Interstate Compact. When I inquired about how long this would take, I was told anywhere from 3-6 months minimum. During my first court date which was October 13, 2009, I asked the judge would moving back to Illinois expedite this case so that my daughter could be returned rightfully to me, her biological mother? I was told that this could help speed up the process. Then Catholic Charities were granted discretion over visitation with my daughter.

4. On November 4th, 2009, at 1:00pm I met with Ms. and her supervisor Ms. . At this meeting we discussed the things that were necessary for me to get my daughter back as being the non-offending parent, having had physical custody of my daughter until June 8th, 2009 and also upon the fact that my daughter was going to be reunited with me either by me relocating back to Chicago or by her return to Minnesota after the visit with her father. I was informed that I would need to prove that I had a safe place for my daughter to return to. Also I needed to show that I had the necessary resources and assistance to help with the care of my daughter. This was shown due to my residing at 6. On November 16th, 2009 Ms. came and investigated the apartment and found that it was habitable and safe for my daughter. This was the only thing I was told to adhere to so that my daughter could be returned to me.

5. On December 8th, 2009, when going to court, it was requested that Judgegrant Catholic Charities the right to place my daughter with her mother. In Judge ’s words she stated that with me gaining my mobility back that she did not know if I could deal with the a four year old child. During that time I expressed the fact that I have taken care of my daughter for the last 4 years and that even in my disability I have been an effective caregiver. This is when Judgeexpressed that she “wasn’t” saying that I can not take care of my daughter cause of my disability. To further keep my daughter from me, they then decided that my daughter father needed to be there to assert his rights. He is currently incarcerated in the Adult Detention Facility. At this point my public Defender stated that I wanted to spend Christmas with my daughter. The judge said that would be okay and that Catholic Charities could approve overnight and unsupervised visits. The case was continued to January 5th, 2010.
6. A visitation schedule was set up that my daughter could visit with me overnights starting December 11th, 2009. My daughter was brought to my home with only a pair of underclothes for her overnight visit. After leaving it was alleged that my daughter said that she did not want to come to my house anymore. On Monday December 14th, 2009, I was called by Ms. and told that because of this my visits were cut back and that I was only allowed to see my daughter for 4 hours, once a week. On December 18th, 2009 after the visit which was 4 hours and supervised by , Catholic Charities case assistant, my daughter expressed a desire to stay with me. She expressed a desire not to go back to her aunts house and to stay at home with me.
7. 7. It is my belief that this delay of reunification is a violation of my right to due process and my civil rights. As a woman whom is disabled, I should be afforded the same rights to take care of my child with resources and support as any other mother is afforded. This right is guaranteed to me by the Americans with Disabilites Act of 2008. Also by interpretation of the constitution I am guaranteed life liberty and the pursuit of happiness. Liberty includes my daughter. Also, I believe that as a non-offending parent , since I am not involved in the matter which brought my daughter to the states attention, I believe that she should be returned and this case should be closed. To continue to keep this case open is to imply that I somehow am a threat or danger to my daughter.

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Dec 26, 2009 11:10 am

RTurner84 stated:

Posted: Sat Oct 31, 2009 12:38 pm Post subject:

--------------------------------------------------------------------------------

Well my child wasn't burned. And the thing is that there was no custody agreement before we left IL. They have terminated my rights in IL to my daughter...


Do you have the exact date that your rights were terminated?

Do you have a copy of the Judgment and Order?

Was the hearing done in Family Court or was there a trial in a "Court of Record?"

Were you appointed an attorney for family court? If so, have you talked to this person? Do you know their name?

If it went to the trial court, were you given a court-appointed attorney. If so, have you talked to this person?

Who has "legal custody" of your daughter now? You stated that your daughter was a "ward of the state." Usually a child is not a ward of the state until they are in foster care.

You may still have "legal custody" of your daughter and she may be under what is called a "safety plan" which you probably did not sign. This is usually what is going on when a relative has physical custody of a child.

Who filed the petition for Termination of Parental Rights? The Child Welfare Agency normally does not file a petition to terminate rights until the child has been in foster care for 15 months, which is not the case here.

Was there a court order or any written agreement on visitation before June 2009? Do you have emails or anything in writing to prove you did not abandon your daughter, leading Child Welfare into thinking that? Was your daughter old enough to tell CPS workers where you lived and what your phone number was at the time they got involved?

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Dec 26, 2009 1:44 pm

http://www.law.cornell.edu/rules/frcp/index.html
Federal Rules of Civil Procedure (2009)

http://www.law.cornell.edu/rules/frcp/Rule7.htm
Form of Motions and Other Papers

(b) Motions and Other Papers
(1) In General.

A request for a court order must be made by motion. The motion must:

(A) be in writing unless made during a hearing or trial;

(B) state with particularity the grounds for seeking the order; and

(C) state the relief sought.

(2) Form.

The rules governing captions and other matters of form in pleadings apply to motions and other papers.

http://www.law.cornell.edu/rules/frcp/Rule10.htm

Rule 10. Form of Pleadings
(a) Caption; Names of Parties.
Every pleading must have a caption with the court's name, a title, a file number, and a Rule 7(a) designation. The title of the complaint must name all the parties; the title of other pleadings, after naming the first party on each side, may refer generally to other parties.

(b) Paragraphs; Separate Statements.
A party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate transaction or occurrence — and each defense other than a denial — must be stated in a separate count or defense.

(c) Adoption by Reference; Exhibits.
A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion. A copy of a written instrument that is an exhibit to a pleading is a part of the pleading for all purposes.

http://www.law.cornell.edu/rules/frcp/Rule52.htm

(a) Findings and Conclusions.
(1) In General.

In an action tried on the facts without a jury or with an advisory jury, the court must find the facts specially and state its conclusions of law separately.


************

So, I am guessing this is how it would look:

**************

My locality's Juvenile or Family Court

Parties: My locality's Child Welfare Agency v. Parents John and Jane Doe

Re: In the Matter of Baby Doe

File # --------

Date:

Legal grounds for motion for seeking court order:

http://www.ilga.gov/legislation/ilcs/il ... ces+Act%2E

(20 ILCS 505/1) (from Ch. 23, par. 5001)
Sec. 1. The purpose of this Act is to create a Department of Children and Family Services to provide social services to children and their families

Factual grounds for motion for seeking court order:
The Illinois Department of Children and Family Services has failed to provide all social services which the minor _____ and her family are enitled to.

Pleading:
Motion for the Court to follow federal and state constitutions and laws.
Motion for the Court to hear all evidence.
Motion for the Court to follow due process.

Motion for the Court to compel the Department of Children and Family Services to follow federal and state constitutions, laws and state Welfare Agency Regulations.
Motion for the Court to compel the Department to produce all evidence, including exculpatory evidence.
Motion for the Court to compel the Department to follow due process.

Statement of Facts:

1. Topic
Relevant laws
Evidence
Pleading

2. Topic
Relevant laws
Evidence
Pleading

3. "

*********

Here are some laws to refer to:

http://www.ilga.gov/legislation/ilcs/ilcs.asp

Chapter 20 Executive Branch
Dept. of Children and Family Services

Chapter 325 Children
Abused and Neglected Child Reporting Act

Chapter 705 Courts
Juvenlile Courts

Chapter 750 FAMILIES

Also
http://www.childwelfare.gov/systemwide/ ... ies/state/
Last edited by Marina on Sun Dec 27, 2009 7:01 am, edited 1 time in total.

RTurner84
Posts: 9
Joined: Thu Oct 29, 2009 1:44 pm

Postby RTurner84 » Sat Dec 26, 2009 2:41 pm

Well I know I can't make any determination in what happens to her. I have not signed or even seen a safety plan. I have email proving that I didn't abandon her and my phone records prove that I talked to my daughter. I am not sure what I should be doing. I just know I feel like my rights have been violated and they have discriminated against me because I am in a wheelchairl

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Dec 26, 2009 3:22 pm

.
5. On December 8th, 2009, when going to court, it was requested that Judgegrant Catholic Charities the right to place my daughter with her mother.


Was this done by your court-appointed attorney?

Can you get to the court house and view your case file?

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Dec 26, 2009 8:37 pm

.
Here are some ideas. This is not legal advice. I am not a lawyer

Instruct the Public Defender to file this with the court.
If he won't, then file it yourself and ask for a new attorney.

Topic: Subject matter jurisdiction

Relevant laws

http://www.ilga.gov/legislation/ilcs/il ... of+1987%2E

COURTS
(705 ILCS 405/) Juvenile Court Act of 1987.


(705 ILCS 405/Art. II heading)
ARTICLE II. ABUSED, NEGLECTED OR
DEPENDENT MINORS


(705 ILCS 405/2‑1) (from Ch. 37, par. 802‑1)
Sec. 2‑1. Jurisdictional facts. Proceedings may be instituted under the provisions of this Article concerning boys and girls who are abused, neglected or dependent, as defined in Sections 2‑3 or 2‑4.
(Source: P.A. 85‑601.)

(705 ILCS 405/2‑3) (from Ch. 37, par. 802‑3)
Sec. 2‑3. Neglected or abused minor.
(1) Those who are neglected include:
(a)
...a minor shall not be considered neglected for the sole reason that the minor's parent or parents or other person or persons responsible for the minor's welfare have left the minor in the care of an adult relative for any period of time, who the parent or parents or other person responsible for the minor's welfare know is both a mentally capable adult relative and physically capable adult relative, as defined by this Act..

(705 ILCS 405/2‑4) (from Ch. 37, par. 802‑4)
Sec. 2‑4. Dependent minor.
(1) Those who are dependent include any minor under 18 years of age:
(a) who is without a parent, guardian or legal
custodian;

(b) who is without proper care because of the
physical or mental disability of his parent, guardian or custodian...



Facts:
1. Baby Doe is a minor. Baby Doe is neither abused nor neglected.
2. John and Jane Doe are the parents and natural guardians and legal custodians of Baby Doe. At the time of the Department's involvement, John and Jane Doe were separated. Mother and Baby Doe resided in that locality. Father resided in this locality.
3. Baby Doe was adequately cared for during the time that the mother had shared physical custody. At the time the Department initiated involvement, Father had shared physical custody and visitation. Mother had no involvement or knowledge in the incident...
4. Baby Doe is not dependent.
5. Baby Doe has a mother.
6. Mother has a physical disability, but has properly cared for Baby Doe for --- years since her birth.

Pleading
Mother Jane Doe objects to the Court's subject matter jurisdiction in this case.
Motion for dismissal of the case for lack of subject matter jurisdiction.
Motion for the Court to return legal custody to mother.
Motion for the Court to compel the Department of Children and Family Services to facilitate the return of Baby Doe to her mother and legal custodian.
Last edited by Marina on Sun Dec 27, 2009 7:02 am, edited 1 time in total.

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Dec 26, 2009 8:59 pm

.
Topic: Temporary Custody

Relevant laws:

http://www.ilga.gov/legislation/ilcs/il ... of+1987%2E

(705 ILCS 405/2‑7) (from Ch. 37, par. 802‑7)
Sec. 2‑7. Temporary custody. "Temporary custody" means the temporary placement of the minor out of the custody of his or her guardian or parent...

(2) "Shelter care" means ... or other suitable place designated by the court for a minor who requires care away from his or her home.

Facts:
1. Baby Doe has been temporarily placed out of the custody of his Mother by the Court.
2. Baby Doe does not require care away from her home. Mother is capable of providing her with proper care.
3. Court does not have personal jurisdiction to continue Temporary Care Order.

Pleading:
Objection to personal jurisdiction.
Objection to continued Temporary Care Order.
Motion to terminate Temporary Care Order.
.
Last edited by Marina on Sun Dec 27, 2009 7:03 am, edited 1 time in total.

RTurner84
Posts: 9
Joined: Thu Oct 29, 2009 1:44 pm

Postby RTurner84 » Sat Dec 26, 2009 9:02 pm

I can try to go to the court house. The attorney asked for nothing. He is useless

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Dec 26, 2009 9:13 pm

.
Topic: Investigation

Relevant Laws:

http://www.ilga.gov/legislation/ilcs/il ... of+1987%2E

Sec. 2‑8. Investigation; release. When a minor is delivered to the court, or to the place designated by the court under Section 2‑7 of this Act, a probation officer or such other public officer designated by the court shall immediately investigate the circumstances of the minor and the facts surrounding his or her being taken into custody. The minor shall be immediately released to the custody of his or her parent, guardian, legal custodian or responsible relative, unless the probation officer or such other public officer designated by the court finds that further temporary protective custody is necessary, as provided in Section 2‑7.

Facts:

The public officer designated by the court failed to adequately investigate the circumstances of the minor and the facts surrounding her being taken into custody.

If a proper investigation had been done, public officials would have known that Mother called the Minor on the cell phone, the relatives knew..., health records, Mother's name, location, etc.

Pleadings:

Objection to the results of the investigation.
Motion to suppress the false evidence from the investigation...
Motion to correct the evidence relating to these errors...
Objection to the Court's findings that further temporary protective custody is necessary.
Motion for the Court to immediately release the Minor to the custody of the Mother.
.
Last edited by Marina on Sun Dec 27, 2009 7:04 am, edited 1 time in total.

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sat Dec 26, 2009 9:42 pm

.

Topic: Sec. 2‑9. Setting of temporary custody hearing; notice; release...

Topic: Sec. 2‑10. Temporary custody hearing...

The Notice for rehearings shall be substantially as follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS
TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary custody of ............... was awarded to ................, you have the right to request a full rehearing on whether the State should have temporary custody of ................. To request this rehearing, you must file with the Clerk of the Juvenile Court (address): ........................, in person or by mailing a statement (affidavit) setting forth the following:

1. That you were not present at the shelter care
hearing.

2. That you did not get adequate notice
(explaining how the notice was inadequate).

3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
your filing this affidavit.

At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains those rights.

...

Topic: Case Plan

Sec. 2‑10.1. Whenever a minor is placed in shelter care ... the Department or agency shall prepare and file ... with the court within 45 days of placement under Section 2‑10 a case plan ...

Topic: Sec. 2‑12. Preliminary conferences.

Topic: Sec. 2‑13. Petition.
(3) The petition must allege that it is in the best interests of the minor and of the public that he be adjudged a ward of the court and may pray generally for relief available under this Act. The petition need not specify any proposed disposition following adjudication of wardship. The petition may request that the minor remain in the custody of the parent, guardian, or custodian under an Order of Protection.


Topic: Termination of Parental Rights

(4.5) (a) With respect to any minors committed to its care pursuant to this Act, the Department of Children and Family Services shall request the State's Attorney to file a petition or motion for termination of parental rights and appointment of guardian of the person with power to consent to adoption of the minor under Section 2‑29 if:

(i) the child is being cared for by a relative

Topic: Evidence

(1) At the adjudicatory hearing, the court shall first consider only the question whether the minor is abused, neglected or dependent. The standard of proof and the rules of evidence

Objection to the evidence.
Motion to suppress the evidence.
Motion to hear new evidence.

Topic: Sec. 2‑21. Findings and adjudication.

The caseworker shall testify about the diligent search conducted for the parent.

Objection to the finding that the caseworker conducted a diligent search.

Topic: Disposition

Sec. 2‑22. Dispositional hearing; evidence; continuance.
(1) At the dispositional hearing, the court shall determine whether it is in the best interests of the minor and the public that he be made a ward of the court, and, if he is to be made a ward of the court, the court shall determine the proper disposition...

(6) When the court declares a child to be a ward of the court and awards guardianship to the Department of Children and Family Services, (a) the court shall admonish the parents, guardian, custodian or responsible relative that the parents must cooperate with the Department of Children and Family Services, comply with the terms of the service plans, and correct the conditions which require the child to be in care, or risk termination of their parental rights...

Topic: Sec. 2‑23. Kinds of dispositional orders.

Sec. 2‑24. Protective supervision.

Sec. 2‑27. Placement; legal custody or guardianship

Marina
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Joined: Sat Feb 25, 2006 3:06 pm

Postby Marina » Sun Dec 27, 2009 2:01 pm

.

This sample affadavit looks similar to yours. Good for you, for doing research.

http://counsel.net/chatboards/famlaw/to ... 38.59.html

Family Law Attorneys Chatboard


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