Suggestions and Info
by Andre Noel on Mon, 21-Aug-2006 11:53 PT
Hello,
I CANNOT offer any legal advice at all. I can offer suggestions as a normal person.
Documentation: Since you are speaking of filing a legal case you need to have everything documented and all the witnesses as you can. Documentation can include your logs of what happened written in ink with each entry dated and signed. Be clear and do not exaggerate at all. Include all significant information. You may include your emotions but do not confuse them with facts. If you have not documented what has happened before now, be sure to try to document it all as best you can.
Be sure to get full copies of all records and files regarding your situation. Find the correct methods to request all records regarding your children with the state agencies and courts. Find the correct offices to request them from. And request them in writing in ink with request date and your signature. Do not be vague such as saying "I want". Do be clear as in saying "Please fully give me all records regarding..." If there are records that you are refused, make full log of what they are and who exactly refused them and why they refused them.
Civil Rights: Find and learn the definition of "Civil Rights". If you can clearly and fully document that your family's or your civil rights have been violated then you may be able to find a civil rights lawyer to help you and you may be able to require the fbi to investigate that crime.
Immune to prosecution: In the past I have seen a letter from the state district attorney stating that the social workers, the police officers, and the judges are "immune to prosecution" regarding a similar case. The state and US constitution and the US supreme court opinions and US supreme court decisions are that no person is ever "above the law".
Not a trial but a hearing: You may also notice that when children are taken that there usually are no charges pressed and usually no one convicted of any crime. You may also have noticed that they call the court room meetings with a judge a "hearing" not a "trial". You may also notice that what seems to be "evidence presented" to the judge is some times not sworn testimony. Does your judge use this information to determine of your children should be returned? and are the social workers held accountable (see perjury) for presenting false information?
Does your hearing have the "color of law". This is something to think about and perhaps research.
Agency: It seems that in some places (maybe all) the "state agencies" that take children are actually an independent corporation that the state contracts with to represent the state and operate to "protect children". You may find that the name of the agency changes from time to time as they change which "corporation" contracts with them to perform these duties. You may do well to know the full names of every person every involved in your case and children. Some times you may find the same people working for the agency even when its name changes.
Violations of law: You may find that the social workers taking and keeping the children have violated their agency policies and rules, they may have violated your state's statutes and constitution, they may have violated the US statutes and US constitution. I suspect that there are different court systems for different kinds of violations.
Your understanding: I suggest you find and get a copy of all policies, rules, laws, statutes, and constitutional rights regarding your issues. Read them yourself and get a lawyer to help you both deal with the case and help you understand it. There is nothing stopping you from finding and learning to understand the laws.
Study your case. Study rules and laws regarding it. Study similar situations. Talk to as many people that have been in or are in similar situations as possible. You may find families/people that have been wronged by state agency workers are more willing to help after their children turn 18 due to implied and direct threats from social workers to take/keep children. You are not at all alone in this situation.
In my experience if someone wrongs you and you did not do wrong you may do well to not keep it a secret at all.
I strongly suggest that you research this online and talk with people already involved in similar matters. There are a number of good links on these pages: http://webup.net/net/let-my-children-go/relatedsites.html http://webup.net/net/let-my-children-go/references.html http://webup.net/net/let-my-children-go/resources.html http://webup.net/net/let-my-children-go/ Follow the links on those web sites to more. Please add any links you find that have useful content to these pages.
Beware of web sites that are more emotion and lashing out rather than the good ones that have usable healthy productive content.
MORE IMPORTANTLY: Are you able to take care of your children? What are you trying to accomplish by this? Why? How important are your children to you? Do you recognize that there are some good people that work for these agencies? Do you recognize that there are some social workers that will do both bad and some good? Do you recognize that there are children that DO NEED protected? and for all these questions see your own motives. Please recognize the importance of these questions. These questions are the very important for you to know for yourself.
I wish you and your family good.
Sincerely, Andre L. Noel andrenoel@webup.net http://webup.net/net/let-my-children-go/
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