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Not all CPS cases are wrong, but do we destroy 5 families wrongfully to save 2 that need help??
Subj: Assault on American Civil Liberties growing at the expense of
our children... Date: 11/9/03 10:42:12 PM Pacific Standard Time From: Tonyjsmith03 To: Mr Gore, please read this, as god is my witness I'm telling the truth about this matter. From one vet to another whom I have much respect for. Stealing children for federal money is the worst kind of abuse to children, parents, and to our system that was designed to help children that really needed it, not destroy families because of the monetary incentive. Subj: (no subject) Date: 10/29/03 5:20:09 PM Pacific Standard Time From: Tonyjsmith03 To: This is a letter that I have sent to attorneys, you get the idea. I'm reporting CPS abuse. I'm not just whining and complaining. My families constitutional rights were violated as well as my family was destroyed before my eyes. I am retaining an attorney next week. I will be filing a Federal suit. My attorney feels my case is very valuable and has merit as he has experience in suing in these proceedings. I have complained to the local social services office and was ignored. They are all covering up for each other and refused to correct the situation. They purposely did not include documents that were favorable to me that would have cleared up my situation after they seized my kids because they knew they screwed up when they yanked my kids out of their schools. I have never been accused of any sort of physical injuries to my children and there was never any evidence that my children were ever neglected. In fact I volunteered at my childrens schools. I had even gone to the local omsbudsmens office and her hands are tied. CPS seized my children from school,no warrant,court order,imminent danger of any physical harm, what danger would they be in while attending school? I'm a disabled vet getting 1300 a month disability.My constitutional rights have been violated I have no doubt. My case mirrors WALLIS VS. SPENCER in the 9th circuit Ca. I have a 3 year restaining order preventing me from any sort of contact with my children, for what I do not know? This is severing the family bond and relationship I have enjoyed. I had full sole legal custody of my children who were 7 and 4 at the time of the removal.My son was attending head start which is state funded and the teachers are mandated reporters who reported nothing. I have never been found guilty of hurting my children in any physical manner in the past.I have raised my children since birth. I cannot use dependency legal services to represent me as they will not appeal anything. Read this article which the owner gary proctor says just this. Here is a small portion of the injustice I have already endured! Please help. Below is an e-mail to the presiding judge in which I detail the incompetent counsel, the CPS abuse etc... and yet I get not one response to any of my many e-mails that I have sent him concerning this most important matter. (Children) Get a lot of complaints that the social workers lie or twist the truth? Gee...I wonder why...They can write whatever they want in those reports that you the judges look at and no one contests them. Waive. Waive. Waive. That is not Justice your Honor. That is wrong. Ethically and morally wrong. Do you get why parents would get angry when you have no representation? Ask any of them that have legal dependency or ADA...Why are there more parents with no money stuck in your system? Waive...Waive...Waive... Here's some advice (ask other parents who have ADA or DLS)....Two minutes before your first hearing after your children have been ripped out of your home you are advised by your "competent" attorney's assistant who is working in your "best interest" tells you to waive all of your rights. "You'll never win. If you want your kids back, just waive. And if they ask you about any medications that you are on just don't say anything. I understand that you were just released from the hospital and you're taking vicodin, but don't say anything. It will just hold things up. (Although you tell the attorney's assistant what is in the report is not true they tell you don't fight, you can't win.) Really? What they really should have told me is, that they can't win because they don't have time to fight for anyone. They are so overloaded with cases that they can't even return a phone call for two months. It's all about the money isn't it? It's not for the protection of the children. The system is abusing the parents and children. All it would have taken was the police report showing that I was the victim of a violent crime and had my back fractured. I was put on Demerol in the hospital and yes it made me loopy. It was not true what the social workers had written, that I was hospitalized for having delusions that gang members were after me and for back pains. Nice twist social workers to justify why they had no warrant, no court order, no interview with me or anyone else. Just an allegation made by my sister in law who was angry with me because my brother had sex with a girlfriend I had. They said that the police were concerned. The only police concern was that they asked the police to accompany them to remove my children from their schools. Really...where was the imminent danger of great bodily injury? Thanks to my DLS lawyer who never informed me that once we waived my rights, although something that wasn't true was now true and forever true. I tried calling repeatedly and I wanted to appeal. I finally found out my public "defender" no longer worked there and by that time it was too late to appeal. Then the social workers painted me violent. I "threatened" them and frightened the entire office. What does that sound like? Does it sound anything close to the truth? I threatened to sue them. That is all. Wouldn't they have slapped a restraining order on me if I threatened them with anything else? In a review hearing that they held a restraining order was thrown in. Here's how the "hearing" went. First there was nothing filed as to why they were filling a restraining order. I wasn't given notice nor shown any paperwork concerning the matter. Commissioner Schwartz just asked me if I minded. I said, I dunno. (As my public "defender" is telling me to say no you don't mind)I guess not. There was something said that I was a flight risk, because I moved from Oregon to California with my children. I had sole legal and physical custody of my children which of course my divorce paperwork was never presented by my attorney or by my social worker who had the information. They said my ex-wife said I ran off with our children. I thought they were restraining me from taking my children out of California. Not some three year full blown ridiculous restraining order to keep me away from my babies. Is this justice? (I have never been found to abuse my children. I also went through a battery of psych exams which I never should have had to have done. They showed I wasn't delusional. Something so simple turned into something ridiculous. Have you ever been on Demerol? We wouldn't be having this problem if I had been properly defended. We wouldn't have this problem if the social workers knew that they couldn't just make stuff up. It's true that they do that. They're out of control because there's no one to keep them in check. I wouldn't be writing you if things were just. I understand that you must have a lot of angry people out there. But please, look into this matter no just for me, but for the other parents. If I would have known what I know now and what I didn't know then, I think the outcome of this situation would have been 100% different. What if they had written that I was a heroin addict (which I'm not)? I would have then been considered a heroin addict because I was advised to waive my rights. Even after I hired Mr.Guerin Provini, it was too late. He could tell by then that the social workers hated me. He knew I was being railroaded. We tried to present new and material evidence such as the police report showing I was a victim of a violent crime which Commissioner Schwartz refused which denied me due process. (Which the social workers had but would never present evidence that was favorable to me, which is wrong.)Knowing that I was going to lose, I tried to fire my attorney because I couldn't afford him any longer. Commissioner Schwartz made him proceed in my behalf. I had hoped that she would stand by her word in the beginning of the trial, that she would make sure there was a visitation order. But I guess I was punished for not showing up. I just couldn't take the humiliation anymore. I had been beaten down. The only excuse that I can understand as to why things are so wrong is because of money. I'm sure there are other families, father's, mother's that have been railroaded also. This needs to be investigated. Why do you think the social workers never give you their reports in advance? So you can't defend yourself and the public defenders won't stick up for you or fight for you. Thank you for your compassion and justice. Subj: here is the article...nothing has changed Date: 9/17/03 8:20:37 PM Pacific Daylight Time From: Tonyjsmith03 To: PARENTS LACK SAVVY LAWYERS DEPENDENCY COURT: THOSE TRYING TO REGAIN CUSTODY OF CHILDREN OFTEN ARE REPRESENTED BY INEXPERIENCED ATTORNEYS. December 5, 1999 Section: Local Edition: Morning Final Page: 1B HOWARD MINTZ, Mercury News Staff Writer Memo: RELATED STORY: page 6B Illustration: Photos (2), Chart Caption: PHOTO: JUDITH CALSON -- MERCURY NEWS Santa Ana lawyer Gary Proctor, above, secured a contract to provide legal representa-tion to parents trying to regain custody of their children in Santa Clara County. PHOTO: JUDITH CALSON -- MERCURY NEWS Left, Superior Court Judge Leonard Edwards says Proctor's project is doing a good job with limited resources. On most mornings, the three waiting rooms in Santa Clara County's juvenile dependency court are a jumble of activity. Social workers huddle with families. Mothers and fathers, accused of neglect or abuse and facing the prospect of losing their children, sit and listen. Some bury their heads in their hands. Others, like one mother who keeps jabbing a finger at her case file, become animated and angry. It is usually in one of these drab waiting rooms, or in the hallways outside court, that the mothers and fathers first meet their lawyers. Parents thrust into the child welfare system, most of them poor and unfamiliar with the legal terrain, might then get a few minutes to tell their story before they find themselves in front of a judge. To juvenile law experts, this fleeting encounter between parents and their court-appointed lawyers illustrates a serious problem provoking debate in Santa Clara County and across California. Critics say overworked, underpaid and often inexperienced lawyers are shortchanging parents in a near-invisible but crucial corner of the justice system. ''The memory for me will always be that we weren't represented in a way we should have been,'' said a Campbell mother who has been fighting since early 1998 to get her four children back, and who spoke on condition of anonymity. ''I've had three different attorneys who come in and don't know anything about your case, and then tell you they can't do much. It's scary.'' The account is all too common in the secret world of child dependency law, according to experts. Whether it is Silicon Valley or the Central Valley, in today's legal system a lawyer is likely to spend more time with a client involved in a lawsuit over an auto accident than with a parent who might be forced by the state to surrender a child. ''It's safe to say that too often, the very worst representation in juvenile court is the representation provided to parents,'' said Howard Davidson, director of the American Bar Association's Center on Children and the Law. ''That's an issue that has to be addressed.'' Legal representation for parents -- many of them accused of the type of neglect society despises most -- has taken on unprecedented importance in recent years as a result of tough new child welfare laws. Private program Debate flares over hiring of law firm Concerns about such representation have percolated to the surface in Santa Clara County, where the local judges this fall renewed a contract for acontroversial, for-profit Santa Ana-based outfit hired three years ago to handle the task. To its supporters, including Superior Court Judge Leonard Edwards, perhaps California's leading expert on juvenile law, Santa Clara Juvenile Defenders is a successful, cutting-edge experiment that is doing a good job with limited resources. Juvenile Defenders handles about 2,500 cases a year with 14 attorneys who are working in a tense legal environment many lawyers shun. ''Frankly, I've been pleasantly surprised by what we've seen,'' Edwards said. ''It's clear to me that (the dependency firm) has delivered legal services better than any entity we've had in this county.'' But to its critics, the experiment has failed hundreds of parents filtering through the system each year. It is difficult to evaluate individual cases because of strict confidentiality laws governing dependency proceedings. Attorneys are reluctant to speak on the record because of those laws, as are parents who fear they will jeopardize their cases. But there are widespread reports of frazzled, ill-prepared lawyers who don't have the resources or training they need to protect their clients' rights. Complaints range from failing to challenge the findings of social workers to declining to appeal cases. And some of these reports are from lawyers who once worked for the dependency firm, which has been plagued by high turnover. Five former members of the office interviewed for this article described frustration with the operation and admitted that they could have done more for their clients. ''We had so many clients at one time that I didn't know my clients' names until I'd look in the file just before court,'' said Elisabeth Hansen, who worked for Juvenile Defenders in 1997, shortly after law school. ''I didn't feel they were getting the representation they deserved.'' Added another recently departed lawyer: ''(The) way dependency legal services is set up, no one is keeping the system honest.'' The new federal and state child-welfare laws make it is easier than ever for agencies to take a child away from parents in cases involving allegations of abuse and neglect. Parents who choose to fight for their rights now face an uphill climb, and experts say they need good lawyers to protect them in court. It is against this backdrop that the debate over legal services is taking place. If nothing else, experts say, these parents -- most of whom don't have the means to hire a lawyer on their own -- need a savvy legal guide to walk them through the process. Although Santa Clara County's dependency court as a whole is considered a model in the state, there is profound disagreement over one aspect: whether the lawyers most often representing parents here are doing an adequate job. The system changed in 1997, when the board of supervisors, on a 3-2 vote, approved a little-noticed $1.3 million contract for Juvenile Defenders, a group headed by Gary Proctor, a prominent Santa Ana lawyer. The county, among other things, picked Proctor's group because it would save nearly $1 million a year. The contract rankled local lawyers. For one thing, it involved abandoning the old system of using the public defender's office and a panel of local lawyers to represent parents. The small circle of dependency lawyers in the county also viewed Proctor as a carpetbagger who would spend more time on his law practice in Santa Ana than in San Jose. And Proctor was chosen over local candidates, including the Legal Aid Society. ''Any time you have an outsider coming in and displacing the local (system), there is going to be anger and discontent,'' said Howard Siegel, a former chief of the public defender's dependency unit who was hired by Proctor to supervise one of his two offices. ''In this case, I'm satisfied most of the criticism is sour grapes.'' With Edwards' endorsement, the Superior Court in September decided to renew Proctor's contract. The three-year deal is worth roughly $1.76 million per year, although it may be cut short if more state funding does not come through in 2000. Legal Aid left out Lack of public debate draws criticism Critics say the Superior Court judges should have opened up the matter for public debate before renewing Proctor's contract. Legal Aid, which now has the local contract to provide court-appointed lawyers in criminal cases, wanted the dependency work, but didn't know about the renewal until told by the Mercury News. ''We were interested in doing that work,'' said Susan Sutton, president of Legal Aid's board of directors. ''I'm not sure we've got the circumstantial guarantee that (the current setup) is the best we can do.'' Judge Edwards, asked about the bidding issue, replied: ''I think (Legal Aid) would be a good contract bidder next time. But we just decided to go ahead and roll it over this year.'' Sutton and other dependency experts say Proctor's office has cut too many corners, leaving parents without recourse against the findings of social workers. Opposing lawyers also express concern that Proctor's staff, while energetic and dedicated, often is overburdened and green. The county counsel's office, which represents the social services department, and the district attorney's office, which represents children, both staff dependency court with experienced lawyers who make substantially more money than the attorneys appearing for parents. Starting salaries for Proctor's lawyers are often $10,000 a year less than a starting salary for DAs or a county counsel. Until recently, Proctor's office was staffed primarily with lawyers fresh out of law school or with little legal experience. By comparison, other counties, such as San Mateo and San Francisco, have panels of lawyers with years of experience in dependency court. ''The individual attorneys are very bright, very conscientious, but they don't have the type of experience I think would make for better representation,'' said Deputy District Attorney Penny Blake, who has represented children in dependency matters for 11 years. ''There is a problem with a lack of visible advocacy,'' adds Michael Kresser, director of a San Jose appellate project that inherits cases from Proctor's office and reviews their work. ''We see a lot of these cases submitted . . . without any evidence or any argument in favor of the client. They are not contesting anything.'' Admitting problems More experienced lawyers added Proctor concedes his original plan backfired. As a result, he has gradually replaced rookies with more experienced lawyers, although many of them still have limited experience in dependency work. ''It didn't work out up here,'' Proctor said. ''This is a much more adversarial, litigious courthouse than Orange County.'' Proctor and his supporters say he is getting a bum rap. In many quarters he is considered an innovator in the world of dependency law. He has embraced a philosophy that judges such as Edwards and San Diego Superior Court Judge James Milliken, another juvenile-law leader, consider groundbreaking. Proctor maintains lawyers for parents should act as social workers to help reunify families, many torn apart by drug addiction; he pushes his staff to abandon the confrontational approach used in other areas of the court system. While critics say this approach leads to poor advocacy, Proctor insists it benefits parents and their children if his lawyers can get services for clients instead of spending their time fighting in court. ''There is no question in my mind that across the board (this program) is providing a higher level of representation than the old (panel of attorneys),'' said Siegel. ''It is working as well as it possibly can with our budgetary restraints.'' For better or worse, Proctor's experiment in Santa Clara County may not last much longer if those budgetary restraints don't loosen. Sounding frustrated, Proctor says the courts must find a way to provide better funding for legal representation or he might pull out of the county next year, which the contract allows him to do. ''This isn't a cash cow,'' says Proctor. ''The court has got to do everything it can to get the money from the state. If it doesn't happen, they may need to find a different way of doing business. It's not fair to our parents to be in a battleground where we're so outnumbered.'' (Kane) wrote in message . com... On 07 Nov 2003 13:47:41 GMT, (Fern5827) wrote: By the way, Tansy Ragwort, how is it you confined your response to just aps when it was more a subject for ascps? Here, I'll assist you. Apparently you are in your cups today. That liquid fertilizer is obviously rotting you Cambium. Not, now posted to ascps and just to show my good nature and charity I'll post to asfp too. After all, everyone should know what a fantastic flamer you are, and how erudite as well. You are welcome, Watermelon. Kane Kane reveals his ignorance: By the way, what is a "bureaucratic decision matrices"? That's PLURAL , Rockhead Trilobite. Not for a phrase, oh Lonesome Pine. It can be either singular, and as my response was a question, denoting I do not know what you mean by the expression, singular it should be. Or plural, if I already knew your meaning and it was a plural meaning. You really are a stupid Nut. should be " What are.?" Nope. See if there are schools of english language in your garden plot for Woodenheads please. You need some improvement. Guess you'll be flummoxed by SDM. As you might be by SLT, but I won't leave you insuspense. It stands for Stupid Little Twig... `scuse, Twit. Obscure references are the retreat of the terminally Vegetative. What may be common terminology in one part of the country or about one issue might be covered by something very different elsewhere, elsewhen, or elseabout. You small mean behavior becomes you. Since you didn't mention it in the post you refer to below I'd presume you are even smaller and stupider than usually today, Tarragon. You have so little of merit or import to share you are reduced to these little twitterings. chuckle you're probably more familiar with the shorter version of the above. Having a piece of information someone else doesn't have, or doesn't know what reference you are making thereby, is funny, chucklehead? chuckle Now where have I read that before? chuckle snicker Yes you would snicker. The device of the small and stupid. A schoolboy trick. Again, to Rock head, who can barely take keyboard to hand: As a flamer you are a lamer. R R R R R Bingo bango bongo, Stoneman Subject: CPS agencies most secretive in gvt. NONE passed audit From: (Kane) Date: 11/6/2003 8:28 PM Eastern Standard Time Message-id: (Fern5827) wrote in message ... http://www.centredaily.com/mld/centr...ws/7165169.htm And yet folks would trust bureaucratic decision matrices, rather than parental judgements? By the way, what is a "bureaucratic decision matrices"? Is it something made of Pine, or just your attempt to sound erudite, Eucalyptus? And then The Plant spouted Sap all over USENET with.......... On 07 Nov 2003 00:26:49 GMT, (Fern5827) wrote: How do you deal with the book, excerpted above Someone Plant you upside down? There is nothing "above" but the header to your message. And your prior message included. Is that the "book" you "excerpted above"? which states that CPS is a do-nothing, bureaucratic boondoggle, which squanders time on parents spanking yet lets CHILDREN DIE, in wretched, unsafe surroundings. See George Thomas' book published by Haworth Press, which estimates that 95% of what CPS does is pointless, meaningless, hackdom. "Travels in the Trenches." People write lots of things that are questionable, as all things claimed should always be questioned. Yet when NJ or FL closes cases without ever EVEN SEEING THE CHILD, then we know that CPS is simply a jobs-making attempt to socially engineer families. Do you know what happens to states under federal assessment that have open cases that have NO child or clients available? I've pointed this out to you before. If they cannot find the family they cannot keep the file open. Well, they can but the taxpayers might just be really ****ed over it if they found out. Read "The theraputic state." There's tons of yellow journalism out there. One can find claims for nearly any bias possible to express. btw: Check out my video link to House Ways and Means Subcommittee Hearing today. I don't click video links of others. How were you able to attach one to a USENET message in a non binary ng? I've already read plenty about it. As politicians are wont to do, just as you and your cohorts here do, they have jumped to assumptions BEFORE the investigation is complete. Nothing new in that for politicians. It's looking more and more like there are highly conflicting stories. The eating disorder question is being very poorly handled. It appears the legislators are as misinformed or uninformed as you are. Children who have eating disorders that include the kinds mentioned for these children often produce serious emaciation...it's called Bulimia and Anorexia. At least one of these children had an even more severe nutritional deficiency disorder as well. Eating non nutritional items, non food, is just such a disorder. The fact they are eating now and gaining weight, if it is true, is a product of close medical supervision and control. Something a parent might find very hard to do 24/7. That doesn't prove them negligent or abusive. We have to wait and see. Billions of dollars going down the drain. "The sky is falling! The sky is falling!" ...and then Fritillaria comments, without referrence or attribute: Audit can be accountancy types or verification types. E.g., ghost workers, records falsification, etc. You really need to learn to write coherently. You and the strange Greegor seem to be unable to understand that others might actually try to read and understand you and follow some logical thread. This isn't your personal e-mail group. But since I happen to be on your secret code I know to which you refer. The term "audit," in common useage (rather than weasel words) is confined to accounting. If a particular examination included payroll and bookkeeping issues then "audit" would be the correct term. They are termed *audits* to fit into headline space. Notice that "assess" takes exactly the same number of characters? "Evaluate" only takes two characters more. No, Peanut, the choice of words is meant to inflame and bias the reader, much like most of what you and your cohorts write. Everyone has a gut reaction to "audit," as in "IRS audit," or "Smith, Smyth, and Smithy are here to do a surprize audit of your department's books." Desperate aren't you to praise a universally reviled system? I've rarely praised them. I try, as you do not, judge them on evidence and fact, fairly and equitably. Sometimes they are wrong, and sometimes not...most probably with you, not. The one clear instance I have praised them here has nothing to do with any evidence you or they supplied, but what the miscreant supplied himself. That CPS won't give the child back while he is a parasite on the mother makes perfectly good sense to me. Hoorah for CPS in this instance. Ref: http://www.child-abuse.com Gosh, that wouldn't be a website with just a teeny bias now would it? Even this site, dedicated to CPS activities, It is not even handly dedicated to ALL CPS activities, just the ones that support their onw sick child abusing parent supporting bias. chooses to excerpt the book which lays clear that CPS is WOEFULLY INADEQUATE. There will never be an adequate agency to stop all the abuses and negligence of parents toward their children. If you think it needs fixing why not actually do something instead of **** all over the place...oh, 'scuse me, that's Sap. And supporting MORE of the feds control is sick. Which is YOU, Pumpkin. Sick for suggesting the solution is at the federal level. Tsk tsk tsk. I am referring of course to recent posts of yours that Tere nailed you for, as I did. MORE supervision of families by the feds or even the local CPS in our schoools is NOT the answer. btw, Wexler has written a book. Have you? Yes. Have you? I won't tell you for the same reason you wouldn't tell me. It would make both of us traceable and since I've been threatened for years by yahoos like you I think we'd both better drop the subject, no? You've given away the game too many times already and I figured out long ago who one of those were with your very helpful babbling. You might want to cool your jets just a bit. "Wounded Innocents"==the real victims in the child abuse game. Prometheus Press. No bias there, nosiree. Have you actually read the book? Kane |
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