|relating to the flexible response system for investigations of|
|child abuse or neglect reports by the Department of Family and|
|BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:|
|SECTION 1. Section 261.3015, Family Code, is amended to|
|read as follows:|
|Sec. 261.3015. FLEXIBLE RESPONSE SYSTEM. (a) In assigning|
|priorities and prescribing investigative procedures based on the|
|severity and immediacy of the alleged harm to a child under Section|
|261.301(d), the department shall establish a flexible response|
|system to allow the department to make the most effective use of|
|resources to investigate and respond to reported [
|(b) Notwithstanding Section 261.301, the department may, in|
|accordance with this section and department rules, conduct an|
|alternative response to a report of abuse or neglect if the report|
|(1) allege sexual abuse of a child;|
|(2) allege abuse or neglect that caused the death of a|
|(3) indicate a risk of serious physical injury or|
|immediate serious harm to a child.|
|(c) The department may administratively close a reported|
|case of abuse or neglect without completing the investigation or|
|alternative response and without providing services or making a|
|referral to another entity for assistance [
|determines, after contacting a professional or other credible|
|source, that the child’s safety can be assured without further|
|investigation, response, services, or assistance.|
|(d) In determining how to classify a reported case of abuse|
|or neglect under the flexible response system, the child’s safety|
|is the primary concern [
|(e) An alternative response to a report of abuse or neglect|
|(1) a safety assessment of the child who is the subject|
|of the report;|
|(2) an assessment of the child’s family; and|
|(3) in collaboration with the child’s family,|
|identification of any necessary and appropriate service or support|
|to reduce the risk of future harm to the child.|
|(f) An alternative response to a report of abuse or neglect|
|may not include a formal determination of whether the alleged abuse|
|or neglect occurred.|
| (g) [
|administrative regions before implementing the system statewide|
|system in the regions where the system has been implemented|
|SECTION 2. Not later than December 1, 2013, the executive|
|commissioner of the Health and Human Services Commission shall|
|adopt the rules necessary to implement Section 261.3015, Family|
|Code, as amended by this Act.|
|SECTION 3. This Act takes effect September 1, 2013.|
|President of the Senate||Speaker of the House|
|I hereby certify that S.B. No. 423 passed the Senate on|
|April 4, 2013, by the following vote: Yeas 30, Nays 0.|
|Secretary of the Senate|
|I hereby certify that S.B. No. 423 passed the House on|
|May 15, 2013, by the following vote: Yeas 145, Nays 0, two|
|present not voting.|
|Chief Clerk of the House|
Sixteen Years Without Children and Life to Go
Robin Karr’s Story, and also for Laura, Matthew, and brother, Christopher Karr, who will not be silenced, that you shall come home to your Real Mommy who Refuses and Refused Offer of Silence–No Con tract, Judges!
Judge Cynthia (Stevens) Kent, ret., 114th court
Judge Sue Pirtle,
NOT PICTURED FOR FEAR OR COWARDICE LEST S/HE, TOO, SHALL BE JUDGED BY GOD ALMIGHTY
January 2000 – Present (15 years 4 months)State of Texas (Region I)
Family, Civil, Criminal
DID WE HAVE THE SAME JUDGE, OR
JUST THE SAME FRAUDULENT FAMILY COURT R.I.C.O.
The haunting melody of the nostalgic voice of the untimely, tragically gone, but not forgotten songstress, Karen Carpenter’s recording of “Yesterday Once More” is the soundtrack for the paralyzing feeling that what all of us mommies who are still reading so strongly knew we were surely “imagining,” but could not be, the rote rehearsal style routine practice and patterned protocol and procedure suborned and commissions pre-packaged, pre-priced, pre-screened, pre-determined outcomes, the levels funding based kidnappings of our sweet little healthy, happy, adoptable children by the family courts in Texas, below:
Judge Cynthia Kent Grants Custody to an Abuser
January 5, 2000
Judge Cynthia Kent
c/o Elaine Holmes
RE: Cause No. 1-98-435 (382nd District Court, Rockwall County, Texas)
IN THE MATTER OF THE MARRIAGE OF EDWARD NEIL DUCKWORTH AND
ROBIN LEE DUCKWORTH AND THE INTEREST OF MATTHEW NAKAI
DUCKWORTH AND LAURA DANIELLE DUCKWORTH MINOR CHILDREN
Dear Judge Kent,
I am the co-founder of Children And Loving Parents (CALP)-a chartered non-profit organization located near Rockwall Texas. I am writing in an effort, to appeal to your knowledge, your wisdom, your faith, and your conscious. I am writing on behalf of Robin Duckworth, however, I am not writing at her request. This letter serves two purposes:
1) To serve as evidence in the Duckworth file that CALP is very concerned about the integrity of both the judicial system’s actions and the actions of CASA and CPS in Robin’s case, and;
2) to bring to surface a few facts that you may have never known at the time you rendered your verdict.
We believe that the Duckworth case has been filled with trickery, deceit, mockery, and cruelty -none of which are desirable attributes for our legal and judicial systems.
I am sure that you agree. Unfortunately, the one’s who have suffered are the innocent children and their grieving mother.
We attended many of the hearings regarding this case, including the last part of the final hearing that you presided over. I couldn’t help but notice your references to family and the importance of parents in the lives of their children.
Without a doubt, CALP agrees with you- if the parent is a safe and good influence upon the children. Yet, we are perplexed and saddened at the many successful attempts to thwart Robin Duckworth’s good intentions.
Even worse, we are upset that he court system has not recognized these ‘tricks’ used by Ed Duckworth and his attorney to intentionally make Robin’s life miserable.
My question is this. What would you do as a mother to protect your children if you thought they were living in an unstable and unsafe environment?
Even a stubborn, proud, ‘never ask for help’ man would humble himself to ask every available person for help – again and again. You and I probably wouldn’t do this for ourselves, but we would for our children. Isn’t this exactly what Robin has done? Is this so wrong?
At what point did Robin act so inappropriate that she deserved to have her children kept from her. Did she break the law? No. (She was put in jail for crying and not leaving the courtroom when Judge Pirtle and Trish Verde refused to advise her as to when she could have her next visitation. Is this really ‘irrational’ when a mother hasn’t seen or held her children in a very long time?
By the way, why was she arrested for criminal trespass when there were still many other people in the courthouse? Why weren’t the other people that were present arrested for trespassing?)
Does Robin have a history of running away with the children? No. Does she have a history of hurting the children? No. Does she have a history of disobeying the courts? No. (Ed’s attorney stated that Robin had told the Kentucky court that she would not abide by the visitation decree from her first marriage. She may or may not have said that .. but, what did she do? She abided by the visitation decree very well. She even notified, in writing, the Kentucky court within 2 weeks of when she moved to Houston. We are in possession of that letter. Unbelievably, Judge Pirtle did not allow that letter to be submitted into evidence.)
Now let’s compare the history of Ed and Robin. Robin graduated high school and college with honors. Ed barely passed high school. After almost 6 years in college he dropped out with a GP A below 2.0. Who held a job and supported the family?
Robin did. She worked at Dillard’s and excelled as a departmental manager. Ed failed to hold a job, including one stint as a car salesman. When they moved to Kentucky, Robin continued working at another clothing store. Ed attempted a gig as a local police officer, however he quit when faced with being tired for shooting and killing a chained dog.
While living in Kentucky Ed filed for divorce. In his affidavit to the court Ed stated Robin should be named the fit and proper caretaker of the children! He never alleged Robin of being unfit in any way as a mother.
However, wanting to salvage their marriage, Robin replied to the court that she did not believe their marriage to be beyond repair. (Wouldn’t anyone that takes their vows before God in a serious manner do all they could to save the marriage? Robin did – Ed didn’t.) Just think if Robin had given up as easily as Ed had, she would be the managing conservator of Matthew and Laura at this time.
Instead, Ed, his attorney, and the Texas judicial system have raked Robin over the coals and treated her like a criminally insane parent. Robin has always been the reliable provider for the children, yet she has been punished and ridiculed for her faith.
The reason: Supposedly she said something to Ed on a tape that was later played to Melody East, an unlicensed social worker with CASA. Melody East then recommended to Judge Pirtle that Robin have only supervised visitation because she expressed ‘alarming’ religious beliefs and had made ‘alarming’ remarks.
One such remark was, “I hope God takes your lives if you continue to harm the children.” How did this statement start ridiculous allegations that Robin might harm her children?
Personally, I also wish that God would remove all child abusers from the earth. Does this make me a danger to children? No. It doesn’t make Robin a danger to her children either.
Also, Melody East never completed the social study. She never interviewed Robin’s mother or Robin’s other references. Incredulously Melody never spoke to the number one witness Christopher Karr. Christopher is Robin’s son from her first marriage.
Christopher witnessed Earnest Duckworth’s (Ed’s father) verbal, mental and physical abuse first hand. In fact, Christopher had written several letters to friends about the abuse well before Robin moved out of the Duckworth house.
Wouldn’t these letters be undeniable evidence that abuse was taking place? Wouldn’t Christopher’s testimony have been the most important evidence in this case?
Yet, Melody East never spoke to Christopher or Robin’s other witnesses. In addition, Judge Pirtle would not allow Christopher’s letters into evidence.
Even mare appalling- Robin’s witnesses were never allowed to testify. All of her witnesses came to trial on Feb. 26, 1999. Robin had at least 4 witnesses including her mother, one cousin, Christopher, and a close friend from Houston who had known Robin and Ed when they lived there. Robin’s witnesses traveled a combined distance of almost 3000 miles.
Unbelievably, Judge Pirtle made no offer to let Robin’s witnesses testify since they had come such a great distance. Instead, Judge Pirtle allowed Ed’s attorney, Charles Schuerenburg, to ask questions (stall for time) to Melody East, Tish Verde, and others. Judge Pirtle knew that Robin could not afford to fly her witnesses down a second time.
We believe that Judge Pirtle knowingly and purposefully hindered Robin’s right to a fair trial by not giving her witnesses the opportunity to testify. Judge Pirtle even scheduled the second half of the trial nearly two weeks away, instead of the following Monday, insuring that Robin’s witnesses would not testify.
In addition, sanctions were imposed against Robin and her attorney for filing a supposedly ‘frivolous’ report to CPS and requesting a Protective Order concerning abuse that Robin felt had occurred at the hands of Ed’s father. (Perhaps, Judge Kent, you were not knowledgeable of all the facts when you sanctioned Robin. That is what we hope.)
Doesn’t state law require that a person must report confirmed or suspected abuse to a child?
Mr. Duckworth’s attorney tried to make Robin look like a liar, because she didn’t report the abuse at the time it happened. Instead, he stated that she was now conveniently making it up since there was a battle for the children. How absurd!
The facts show that Robin and Ed were living in the home of Mr. Duckworth at that believe they can protect their children until they can develop an escape plan away from the abuse. Once again, the facts show that Robin moved back to Kentucky shortly after the abuse.
Doesn’t the fact that every time Robin saw her children with substantial bruises (I have pictures.) and reoccurring sickness during each visitation also give cause for concern, suspicion and reporting?
Doesn’t the fact that the two children have been to the doctor and/or hospital 31 times in 10 months give rise to concern and suspicion? Doesn’t the fact that she witnessed abuse while living with Ed’s parents cause concern?
Doesn’t the fact that Christopher, Robin’s oldest son, wrote letters concerning the abuse to friends before the court case started (I have copies) give cause for concern and suspicion?
Doesn’t the fact that Christopher also signed an affidavit confirming the abuse give cause for concern and suspicion?
Betty Hable, director of the Ombudsman’s office, has even confirmed that CPS has concerns that the paternal grandfather was physically abusive toward Matthew.
We are very troubled that you fined and penalized Robin for reporting suspected abuse when she was faced with disobeying the law if she didn’t report her suspicions! We are even more upset with the fact that Robin is reprimanded from making any other allegations of suspected or confirmed abuse. I ask, is this justice?
How could this happen? How did Robin get fined for doing what is right? I know we all make mistakes. I’m willing to admit that I do. I hope that you too are willing to admit that you made a mistake in your judgements against Robin. I hope even more that you will do all you can in your judicial authority to correct this wrong and make it right. Robin is not an insane mother making improper allegations. She is a protective, caring, loving mother that wants to see her children in a safe, nurturing environment. Once again I ask. what would you do .. not as a judge – but as a Christian and a mother?
Now Robin faces yet another obstacle – meeting the demands of a visitation decree that is both confusing and extremely burdensome. In your judgement you stated that you believed Robin had a medical problem that required medication. Then, being sure of your evaluation, you based the decree upon Robin seeing a psychiatrist and taking the medicine that they would prescribe her. But what was to happen when Robin’s nationally acclaimed psychiatrist did not find Robin to be in need of medication- but only finds her to be severely depressed due to missing her children (a natural response for a concerned, loving mother)?
In addition, you required Robin to line up a psychiatrist within a month. Finding a psychologist is relatively easy but a psychiatrist can take months! (My wife and I have been searching for a psychiatrist to evaluate our daughter’s ADHD. The shortest waiting list we found was 5 months!)
It took Robin a month to line up her psychiatrist. ‘This automatically made her miss the first date (July 1) you had based her visitation rights upon.
However, since acquiring a psychiatrist she has tried to do everything stated concerning her psychiatric evaluations.
However, Ed’s attorney has written a letter stating that they will seek to have her thrown in jail for not following the order. In addition. Robin has not been able to afford trips to Texas to see her children.
She has another son that she must take care of. His father has not been paying child support, which makes things even more difficult for Robin. With the psychiatrist and expenses she has been forced to rely only upon phone calls to stay in her children’s lives.
But this has been made even more difficult due to the fact that Ed will not answer the phone and has turned off his answering machine – all in an effort to distance Robin’s children from her.
However, through all of this, Robin saved enough money to buy birthday and Christmas gifts and a plane ticket to Dallas during November. Once again, Robin did everything she thought she was supposed to do according to the visitation decree.
She sent letters to Ed and the District Clerk. by Nov. 1, 1999, concerning her psychiatric evaluation(s) so that she could see her children on Nov. 13·14.
She sent all letters certified mail. She took 4 days off work to come to Rockwall to see her children, even though Ed’s attorney, Charles Schuerenberg, threatened to get a bench warrant for her arrest if she came to Rockwall.
Despite all this, she still came to see her babies. If that’s not true love I don’t know what is. Upon arriving in Rockwall, Robin gave my wife and I a notarized statement to act as the competent adults to pick up the children -just as stated in the decree. We felt this would
definitely be better for the children since it would avoid any possible conflicts between Ed and Robin. Upon arriving at Ed’s house, Ed absolutely refused to hand over the children.
Ed then ran back into his house and called the police. When the police arrived Ed fabricated a lie and told the officers that he had spoken to Robin’s psychiatrist the day before and that her psychiatrist was sending a second letter forbidding Robin to see the children! We then asked the officers to ask Ed if he would allow Robin to see the children for a supervised visitation the next day.
The officers told my wife and I that Ed made it clear to them that he would never let Robin see the children again no matter what! The officers then advised us that we needed to keep a good paper trail of what had occurred. We were then told that Robin needed to go to the police station and file “Interference with Child Custody”, which is what she did.
Robin was never allowed to see her babies. Can you believe she has never been allowed to celebrate either of Laura’s birthdays? She has never celebrated Christmas with her either.
How discouraged would this make you feel as a mother? Yet, Robin somehow finds the courage and desire to hang in there. Robin loves and misses her children deeply.
Now Robin’s good intentions are once again being turned against her. Charles Schuerenberg has written Robin to threaten her again. He is using the visitation decree that he wrote, against her.
He stated that he intends to have her thrown in jail. I believe this is revenge for Robin filing “Interference with Child Custody” against Ed. What Ed did was wrong and downright mean!
Robin came 1200 miles to see her children, hold them, love them, and give them gifts.
Your honor, please listen to your heart on this matter. Robin is really doing her best. If shemoves here from Kentucky, her older son can’t see his dad. Either way, she gets slammed.
So she does her best. You even stated in your final words of the hearing that the order periods of possession would “be subject to very definitely financial ability.”
This tells me that you were trying to recognize Robin’s peril in paying for psychiatric sessions, making expensive trips to Texas, taking off from work, and juggling all the issues.
We are asking that you reconsider your order. We don’t believe that you ever meant to say Robin could not see her children in November if she didn’t get every psychiatric report completed in July.
It seems to us that you were saying Robin’s visitations were to be based upon her complying with her psychiatrist’s orders then submitting that compliancy letter from the psychiatrist before she attempted visitation.
If your order were interpreted in any other way then Robin’s inability to see a psychiatrist by July 1, 1999 would prohibit her from ever seeing her children again.
I do not believe that you is what you intended. However, Ed’s attorney is trying to have Robin thrown in jail based upon his manipulation of the visitation decree.
Robin had no choice but to file “Interference with Child Custody” against Ed. His actions as dictated by Texas state law are a criminal act, not a civil act.
Therefore, Robin had aresponsibility to file a report even though she did not obtain leave of court to do so. Robin’s report to the Rockwall police was not merely a ‘complaint’ but was a witness’ statement to a felony crime. The police made the choice to ask the D.A. ‘s office to bring charges against Ed.
We hope and pray that you will see things the same and not allow your instinct as a mother, a Christian, and a parent, to be clouded by your judicial experience in today’s corrupt society.
Co-Founder and V.P.
1. Click on the link below to read mother and author, Robin Karr’s provocative case supported by strong evidence against, generally, but not limited to, “‘state’ of Texas,” and also on behalf of all maternally deprived mothers and children, being natural (wo)man and individuals,
2. Click on the link below to read Kentucky Senator Virgil Moore’s scathing letter against and addressed to, among other public officials, “state” and local Texas and social services and county officials on behalf of parents Doug and Kathie Harliss and their “business or commercial assets,”
Mothers Without Custody World
Laura Turns Sweet 16
Dear Laura, will you ever know how much your real Mommy, Robin Karr, loved, adored, and missed you every second of every minute of every day and painful, agonizing, most likely sleepless nights? How could you?
Dear Robin, will you ever know what your little girl felt or the pain she felt without you?
How could she?
I I pray and hope with all ;my heart and real mommy of little Julian’s soul that you, Laura have come home to Mommy, whatever age.
From one to another mother whose child bought and sold just shall surely find them out.
Fair Use and Legal Disclaimer (PROMINENTLY DISPLAYED):
Author of this blog, Dedicated to the Real Mommies and Daddies of the Real America, and our Children Who Want to Come Home, and Especially to My Little Julian, is not a lawyer, attorney, or legal practitioner, therefore, no information contained herein this post and/or blog could be (mis)construed as “legal advice.” Anyone who exercises he/r rights, and private property sometimes called “child” for deceptive, possibly malicious or retaliatory, and profiteering/privateering and in the “best interests” . . . of the “state” Texas General and other Funds at one’s own peril, risk, and/ or self-fulfillment. The choice is yours.
- CENSORSHIP WILL BE PROSECUTED AS IT IS A FEDERAL OFFENSE IN THE THIS REPUBLIC USA, THE LAWS TO WHICH YOU WILL BE HELD ONE WAY OR ANOTHER!
- (1) This post is made in GOOD FAITH and for deterrent purposes against child abusers, alleged child abusers, and those who would maternally alienate fit, loving mothers and children from one another.
- (2) Content in this post is protected by Julian’s Real Mummy’s First Amendment herein claimed rights as a natural-born American, “sovereign,” “elect” citizen pursuant to the Supremacy Clause of the uS Constitution and Bill of Rights made applicable to the states via ratification and application of the Fourteenth Amendment to the Federal, uS Constitution and incorporated Bill of Rights, under the freedom of expression, freedom of association, freedom to peaceably assemble, and freedom to speech.
- (3) All content in this post is also protected pursuant to the Federal statute 17 U.S.C., section 107 (“Fair Use”) as this content is solely intended for general knowledge, academic research, and/or entertainment purposes.
- (4) If anyone should desire, require, or demand a retraction or modification in part or in full, you must contact the author of this blog for fair notice to correct, pursuant to reasonable and lawfully obtained evidence supported by all legal and factual bases for your desire, demand, and/or requirement/demand, then contact Author of this blog immediately as fair notice and due diligence requires so that Author shall act lawfully and reasonably with expedience pursuant to any supplemental knowledge.
View original post 7,461 more words
The How And Why For Kids For Cash Scandal DCF/CPS/DCYF/DSS
The How And Why For Kids For Cash Scandal DCF/CPS/DCYF/DSS
This talks about Title IV-E Funding and all the money that is made off the backs of children who are sold into slavery. As you read this you will see the States are rewarded for adopting out children. They make a bonus and they make a bigger bonus when they adopt out older kids.
FUNDING RESOURCES FOR CHILD WELFARE
The funding of child welfare services is very complicated. Public child welfare
agencies depend on a variety of federal funding streams for their operation.
These funds along with state and/or local general fund appropriations are used
to hire staff and provide services directly as well as to purchase services from
third parties. Each of these revenue sources has their own set of rules,
regulations and policy interpretations. Some are open-ended entitlements;
others are capped entitlements; and others are specialized, focused or block
grants. As a general rule, the greater the flexibility, the smaller the amount of
money available. Some of these funds are administered directly by the State
Child Welfare Agency; while others, available to clients that both public and
private agencies serve, are administered by a different public agency.
This paper is not intended to give all the answers to all the particulars of each
of the described revenue resources. That would be a far more lengthy discourse
than is presented here. Instead, this paper will present the highlights of the
primary public child welfare administered grants as well as the rehabilitation
option and Targeted Case Management available under Medicaid, Title XIX.
Knowledge of the various funding streams available to public child welfare is
important to both public and private providers. Access to these funds and how
they are administered will vary from state to state.
The primary federal funding sources are as follows:
I. Title IV-E, Federal Foster Care, Kinship-Guardianship and Adoption
Assistance is a federal program administered by state and local public child
welfare agencies that is for poor children. The program is an open-ended
entitlement funded with a combination of federal and state/local matching
funds and is authorized under Title IV-E of the Social Security Act. In Fiscal
Year (FY) 2010 the projected cost of IV-E foster care is $4.6 billion. The
projected cost for the new Kinship-Guardianship program is $49 million and
IV-E adoption assistance is $2.4 billion. These totals include administrative
and training costs.
Title IV-E foster care and kinship-guardianship requires that the child must
have been a recipient of or eligible for AFDC (based on the State AFDC
standards that were in place on July 16, 1996) during the month a petition
was filed to remove the child (eligibility month) or the month a VPA (Voluntary
Placement Agreement) is signed. The child must have lived in the home of a
specified relative within six months of the eligibility month and be deprived of
parental support. In addition, there must be a court order that finds: (1)
Continuation in his/her own home would be “contrary to the welfare of the
child” and (2) reasonable efforts were made to prevent the removal of the child
from his/her family or to facilitate the return of the child who has been
As a result of legislation enacted in 2008, the Fostering Connections to Success
Act (PL 110-351), states have an option to extend this coverage to children
placed in subsided guardianships with relative caregivers. The same link to
AFDC still exists for these families. In addition, the child must have been
eligible for Title IV-E foster care while living for no less than six months in the
home of a prospective relative guardian. The state must also determine that
neither reunification with a parent nor placement in an adoptive family are
appropriate permanency options. The child must also demonstrate a strong
attachment to the relative and, in the case where a child is 14 years of age or
older, is consulted before being placed.
Title IV-E adoption assistance eligibility, until the enactment of PL 110-351,
followed Title IV-E eligibility for foster care. As a result of the new law the
adoption assistance eligibility link to AFDC will be phased out over time.
Starting in FY 2010, special needs adoptive children age 16 and older will all be
eligible for federal coverage. This age threshold will be lower by two years every
year until all special needs adoptions are covered by federal Title IV-E funding.
So in FY 2011, special needs adoption 14 and older will all be covered, in FY
2012 the age decreases to 12 years of age and so on. Starting in FY 2010 all
siblings who are placed with an eligible sibling will also be extended Title IV-E
coverage. Finally any child who has been in foster care for five consecutive
years will also be eligible for Title IV-E coverage if he or she is a special needs
The age of care has also been extended as a result of PL 110-351. Currently
children in care are cover up to the age of eighteen. Beginning in FY 2011,
states will have an option to extend the age of foster care up to age, 19, 20 or
21. States also have the ability to extend care in kinship-guardianship and
special needs adoptions.
Title IV-E is a federal reimbursement for some of the federally eligible foster
care, kinship-guardianship or adoption expenses that the state has already
paid. Title IV-E is not a grant. Reimbursement is limited to three areas and the
funding formula is different for all three:
· Training (45CFR1 356.60 (b)
Maintenance is the board and room payment made to licensed foster parents,
group homes and residential child care facilities. For children that are Title IVE
eligible, the federal government reimburses the state for 50% to 83% of the
costs and the state pays the balance. The federal portion is called the “Federal
Financial Participation” or FFP. The FFP for Title IV-E foster care and adoption
assistance (maintenance) is the same as Medicaid (Title XIX) that is called the
Federal Medical Assistance Percentage or FMAP. A specific state’s FMAP is
based primarily on each state’s per capita income. The higher the state’s per
capita income, the lower the FMAP. If the child is not Title IV-E eligible, the
state is responsible to pay for the entire cost of care with other sources.
Administration includes those activities necessary for the proper and efficient
administration of the Title IV-E state plan. Examples of reimbursable
administrative activities included in federal regulations include:
· Referral to services
· Determination of Title IV-E eligibility
· Preparation for and participation in judicial determinations
· Placement of the child
· Development of the case plan
· Case reviews
· Case management and supervision
· Recruitment and licensing of foster homes and institutions
· Rate setting
· Costs related to data collection and reporting
· Proportionate share of related agency overhead
The state currently makes its claim to the federal government for
administrative reimbursement based on the total administrative cost, the
results of the Random Moment Time Study (RMTS), the percentage of Title IV-E
eligible children (often known as the penetration rate), and 50% FFP for
When states contract with private agencies to help them carry out public child
welfare responsibilities (such as conducting home studies for special needs
adoption), they claim reimbursement, based on the percentage of Title IV-E
eligible children in foster care or adoption assistance times 50% FFP for
Training includes the cost of providing short and long term training at
educational institutions as well as in-service training for personnel employed
by or preparing for employment by the state (including a Tribe) or a local public
agency administering the Title IV-E state plan. Training also includes the cost
of short term training for current or prospective foster or adoptive parents and
members of state (or tribal) licensed or approved child care institutions
providing care to foster or adopted children.
The state currently makes its claim for training reimbursement based on the
total training cost, times the percentage of Title IV-E eligible children and times
75% FFP for training. The state is responsible for the balance or non-federal
share. In 2008 PL 110-351, extended this training to employees of private
agencies recognized by the state. The reimbursement for these workers will be
at 55% in FY 2009 increasing by 5 percent a year until this training is
eventually reimbursed at 75 percent.
II. Title IV-B – Subpart 1 – Child Welfare Services of the Social Security Act
was first established in 1935. The specific federal regulations are in 45CFR1
357. Congress is authorized to appropriate $325,000,000 annually and in FY
2010 appropriated $281,700,000. The allotment to each state is based on the
state’s population under age 21 as compared to other states and the “allotment
percentage of the state” (primarily the state’s per capita income). States must
submit a five year, “Child Welfare Services Plan” that is jointly developed with
the federal government. The Plan requires several assurances and
commitments by the state. Funds received may be spent on a wide variety of
child welfare related services and are considered very flexible. Annual status
reports regarding the Plan are required. States are limited to the amount of
Title IV-B, Subpart 1 money they can spend on foster care maintenance
payments, adoption assistance payments, and day care necessary for
employment, to the total amount of Title IV-B money the state received in FY
1979. At that time, the total national IV-B appropriation was $141,000,000.
Federally recognized Indian Tribes that submit a five year Child Welfare Service
Plan along with the necessary assurances are eligible for a portion of the
State’s allotment based on an enhanced population factor. There is a 25% nonfederal
III. Title IV-B – Subpart 2 – Promoting Safe and Stable Families is a capped
entitlement and was first passed into law as a part of the Omnibus
Reconciliation Act of 1993. In the 2001 reauthorization (Public Law 107-133),
the program was extended and language was added that allowed congress to
appropriate an amount up to $200 million in discretionary funds to the base
total of $305,000,000. The $305 million is considered “mandatory” money,
which means Congress does not have to approve the funding as part of the
annual appropriations process. In FY 2009 the total amount of funds available
through this program was $368,300,000. Each state’s share is based on the
average monthly number of children receiving food stamp benefits for the most
recent 3 federal fiscal years. As a general rule, at least 20% of the money must
be spent in each of four categories: 1) family preservation, 2) community-based
family support services, 3) time limited family reunification services and 4)
adoption promotion and support services. A description of how these funds are
to be expended must be included in the state’s five year Child Welfare Services
Plan. There is a 25% non-federal match required. Also 3 % is set aside for
federally recognized Indian Tribes or Organizations. The money awarded to
Tribes is based on child population and granted only to tribes that are
sufficient in size to generate at least $10,000 and who submit a five year Child
Welfare Services Plan.
As part of the reauthorization in 2005, mandatory funding was increased by
$40 to bring the total to $345 million. The additional $40 million in funding is
split between substance abuse treatment regional partnerships and workforce
state grants. The substance abuse grants are competitive on a national basis.
The workforce grants are awarded to all states provided a state can submit
data that verifies that caseworker visits to children in care are being conducted
monthly. For FY 2010, the substance abuse grants will be funded at $20
million and the workforce grants will be funded at $20 million.
IV. Child Abuse and Neglect Prevention and Treatment Act (CAPTA) are
funds authorized by Congress, not an entitlement, and must be appropriated
annually. During FY 2009 a total of $26,500,000 was appropriated. Receipt of
these funds requires that they must be spent on child protection activity. The
amount of money a state receives is based on its child population. In accepting
these funds, a state must in its state law, meet certain requirements related to
child abuse and neglect. These requirements deal with quality issues for the
delivery of child protection services.
As part of the CAPTA law, the federal government also provides funding to
Community Based Grants for the Prevention of Child Abuse and Neglect
(CBCAP). The purpose is to develop and expand a network of community-based
prevention focused resource centers in states as a way to enhance local
prevention efforts. For FY 2009 $41.6 million was appropriated for CBCAP.
CAPTA also includes a Discretionary Grant program that is used to fund
research and state and local initiatives. In FY 2009 Discretionary Grants were
funded at $28.2 million with an additional $13.5 million appropriated to assist
states in utilizing funds to establish, strengthen and expand home visitation
V. Chaffee Independence Program (Independent Living), formally known as
the Title IV-E Independent Living Initiative, the Foster Care Independence Act
of 1999 (now known as the Chaffee Independence Program) was signed into law
on December 14, 1999. The new law brought major changes in Independent
Living funding and regulations. The highlights are:
· $140 million capped entitlement which requires a 20% state match
· Allocation formula is based on number of children in foster care for the
most recent fiscal year with a minimum of $500,000 for every state.
· States may use the funds in “any manner that is reasonably calculated to
accomplish the purposes” of the program.
· Those eligible include foster children, without regard to their eligibility for
Title IV-E, who are likely to remain in foster care until age 18.
· States must use a portion of their funds for assistance and services for
former foster children age 18 to 21 who left foster care because they reached
· States may use up to 30% of their program funds for room and board for
former foster children age 18 to 21 who left foster care because they reached
· Optional Medicaid coverage for youth up to age 21 who were in foster care at
age 18. States may amend their Medicaid State Plan to cover this optional
group. States have flexibility in the extent of coverage including presumptive
In 2001, as part of the reauthorization of the Promoting Safe and Stable
Families program (Public Law 107-133), a new tuition voucher program
entitled, “Educational and Training Vouchers for Youths Aging Out of Foster
Care” was created to assist these youth in their educational needs. The law
amended section 477 of Title IV-E and provided an authorization of $60
million funding. The dollars are discretionary and congress must approve
funding each year. In FY 2009 the voucher program was funded at $45 million.
These funds are allotted to states under the same formula used to distribute
the general Chafee program. States use the funds for youth defined by the
program as eligible:
· Youth otherwise eligible for services under the State Chafee program
· Youth adopted from foster care after attaining age 16
· Youth participating in the voucher program on their 21st birthday until they
turn 23 years old, as long as they are enrolled in a post secondary education
or training program and are making progress toward completion of that
As a result of changes enacted by the Fostering Connections Act (PL 110-351)
new guidance and regulations will be issued in regard extending foster care to
age 21 including the definition of living independently in a supervised setting.
VI. Adoption Opportunities Program is in Title II of the CAPTA statute. Funds
are appropriated by Congress to help fund efforts to eliminate barriers to
adoptions and to help find permanent families for children in need of adoption.
In FY 2009 the program was funded at $26.3 million. The major goals of the
program include development of a national adoption information exchange
system, adoption training programs, post legal adoption services for families
and the funding of research that will help advance adoptions and address
VII. Adoption Incentives Payments is funding awarded to the states based on
the level of increases in a state’s annual adoptions from the foster care system.
The incentive funding was created as part of the Adoption and Safe Families
Act adopted in 1997. The incentives were made a part of Title IV-E in that year
and reauthorized in 2003 and in 2008. States have a target number of
adoption from the foster care system they must exceed each year to receive a
bonus. The bonuses are awarded based on the increases in overall adoptions,
increases in the number of special needs adoptions and the number of
adoptions of older children. Older child adoptions are those children 9 or older
while the definition of special needs is drawn up by the state. The increased
emphasis on adopting older children was first included in 2003 and then
strengthened in 2008. States can receive up to $8000 per child if they increase
these older child adoptions. The 2008 reauthorization also included a new
base incentive of $1000 if a state exceeds a base rate in adoptions. This was
included to assist those states that may have increased the rate of adoptions
but their actual numbers have decreased because the number of children in
foster care has decreased. In FY 2009 the budget includes $36.5 million.
VIII. The Abandoned Infants Assistance Act The Abandoned Infants
Assistance (AIA) Program is designed to achieve safety, permanency, and wellbeing
for infants and children, who are abandoned or at-risk of abandonment
principally due to substance abuse and/or HIV, by providing them and their
families with comprehensive and coordinated services.
Under the AIA program, infants and children who are abandoned or at-risk of
abandonment are: (1) medically cleared from hospital settings, but board there
due to a lack of appropriate placement alternatives, commonly referred to as
“boarder babies”; (2) physically, emotionally, or intellectually deserted by their
parents, principally due to substance abuse and/or HIV; and/or 93) orphaned
because their parents are deceased from HIV/AIDS.
Comprehensive and coordinated services provided by the AIA programs
include, but are not limited to, the following broad categories: social;
psychological; developmental; educational; legal; medical; vocational; and
recreational. AIA programs provide services to children and families directly
and through coordination with other community agencies. There are presently
34 AIA programs in 18 states throughout the country. The programs have
served over 10,000 individuals, with documented improvements in the lives ofchildren and families and a dramatic reduction in the number of “boarder
babies” in these communities. In FY 2009 Congress appropriated $11.6 million.
IX. Temporary Assistance for Needy Families (TANF) is a capped state
entitlement block grant which provides states great flexibility to provide
assistance to needy families with children and was created with the passage of
the “Personal Responsibility and Work Opportunity Reconciliation Act of 1996.”
There is no state match required, but there is a MOE (Maintenance of Effort)
requirement. It replaced Aid to Families with Dependent Children (AFDC). As a
result the “Emergency Assistance” component of the old AFDC and its “openended”
entitlement status was eliminated. The funds expended on the EA
program were rolled into each state’s share of TANF. However, states that had
an EA program in their Title IV-A (AFDC) state plan prior to September 30,
1995 or at state option, August 21, 1996, are able to use the state’s TANF
funds for any of the purposes that were included in that state plan. In many
states TANF funds used for child welfare services rival the amount claimed for
Title IV- E. These states use TANF funds for non IV-E eligible foster care
maintenance payments and a range of reunification, early intervention and
secondary prevention services including, but not limited to, intensive in- home
services, parent aides, respite care and a variety of “wrap around” services. The
authorization for the TANF block grant was passed as part of the Deficit
Reduction Act of 2005 it expires in FY 2010.
X. Title XX Social Service Block Grant is authorized by Congress as an
entitlement to the states. At times Congress has changed funding through the
appropriations process. The funds are administered by the state social service
agency and there is great flexibility in how the funds can be expended. Most
states use these funds for a combination of childcare, child welfare and
services to the elderly. The amount of money granted to each state is based on
the state’s proportional population. There are minimal reporting requirements.
A total of $2.38 billion was provided nationally in FY 1996 but has been
reduced in successive years to a level of $1.7 billion by FY 2005. At the end of
2005 Congress approved a one-year increase of $550 million designated for
states effected by the hurricanes. The funds were a re-allocation of dollars
previously appropriated to the Federal Emergency Management Administration
(FEMA) final funding was $2.2 billion. SSBG continues to be funded at $1.7
XI. Title XIX – Medicaid is an open-ended entitlement program that provides
medical services to Medicaid eligible children under certain conditions. Each
state’s Medicaid program is different and unique to that state. The Federal
Medical Assistance Percentage (FMAP), which is established at the beginning of
each federal fiscal year, is based primarily on the state’s per capita income and
ranges between 50% and 83%. In FY 2010 Medicaid is projected to spend
$289.7 billion for patients of all ages and eligibility
.Within the federal regulations, states have great flexibility in how they
administer Medicaid. Some Medicaid services are mandated while others are
optional. States vary greatly in which services they select under the optional
category. Title IV-E eligible foster care, kinship-guardianship and all special
needs adoption children have categorical eligibility for Medicaid. In addition,
states usually cover non Title IV-E eligible foster children and children from low
income families under the “medically needy option.” In those states, almost all
foster children are Medicaid eligible.
Mandated Medicaid services include hospital, pharmaceutical services, nursing
home and clinic services. In addition there are a variety of 11 “optional
services” that states may choose from to include in their Medicaid program.
Medicaid eligible children may receive these services when prescribed by a
“practitioner of the healing arts.” Usually this is a physician or a clinical
psychologist, but in some states may also include a social worker or other
EPSDT (Early, Periodic, Screening, Diagnosis and Treatment) services must be
included in every state plan. If the screening team prescribes a Medicaid
reimbursable service that is not included in the state’s Medicaid plan, the
prescribed service is still eligible for federal Medicaid reimbursement for that
particular Medicaid eligible client. The Deficit Reduction Act of 2005 allowed
new options to states in how this is implemented.
Two of the “optional services” that some state child welfare agencies have
negotiated with the state’s Medicaid Division to provide are “Targeted Case
Management” and “rehabilitation services.”
Under Medicaid, “Case Management Services” mean services which assist
individuals eligible under the plan in gaining access to needed medical, social,
educational, and other services. “Targeted Case Management” allows the state
to provide case management to a “targeted” group such as child welfare, foster
care, adoption or mental health. The state Medicaid plan must address: “target
group, areas of the state in which services will be provided, comparability of
services, definition of services, qualifications of providers, free choice of
providers and assurance that payment for case management services under the
plan does not duplicate payments made to public agencies or private entities
under other program authorities for this same purpose.”
The federal definition of rehabilitation service is, “rehabilitation service, except
as otherwise provided under this subpart, includes any medical or remedial
services recommended by a physician or other licensed practitioner of the
healing arts within the scope of his practice under the state law, for maximum
reduction for physical or mental disability or restoration of a recipient to his
best possible functional level.” This very broad definition provides many
opportunities for children served in the public and private child welfare system.
Examples of Medicaid reimbursable rehabilitation services that relate to child
welfare currently being funded in one or more states include: residential
treatment centers, therapeutic family foster care and intensive in-home
Federal Funds Under From Other Agencies
There are a number of other funds that may be made available to serve the
population of children served by the child welfare agency. This is because many
of the children or families have needs that cut across more than one problem
area, agency or funding source. Many of the services may be either provided by
the public agency or purchased from a private agency. Some examples of these
· CCDBG (Child Care Development Block Grant)
· Head Start
· Mental Health Service Block Grant
· Substance Abuse Block Grant
· OJJDP (Office of Juvenile Justice and Delinquency Prevention)
· Children’s Justice Act
· Individuals with Disabilities in Education Act (IDEA) part C Infants and
· Title V of the Social Security Act (Maternal and Child Health)
· Section 426 Grants (Universities for training in child welfare)In addition to
these funds, other non-governmental resources in public and private child
· Private foundations – a number of private foundations have specific and
special concerns regarding the provision of child welfare services. Some of
these foundations have committed significant funds to public, tribal and
private non-profit agencies that are interested in specific “reform” issues.
· United Way
· Private individual donations
The above are the primary funding sources for public child welfare. It is
important for managers of public, tribal and private child welfare agencies to be
aware of them so that federal funds can be accessed and needed services
delivered to vulnerable children and their families.
(CWLA)Child Welfare League of America
This article was found on : https://protectingourchildrenfrombeingsold.wordpress.com
Fair Use and Legal Disclaimer (PROMINENTLY DISPLAYED):
- CENSORSHIP WILL BE PROSECUTED AS IT IS A FEDERAL OFFENSE IN THE THIS REPUBLIC USA, THE LAWS TO WHICH YOU WILL BE HELD ONE WAY OR ANOTHER!
- (1) This post is made in GOOD FAITH and for deterrent purposes against child abusers, alleged child abusers, and those who would maternally alienate fit, loving mothers and children from one another.
- (2) Content in this post is protected by Julian’s Real Mummy’s First Amendment herein claimed rights as a natural-born American, “sovereign,” “elect” citizen pursuant to the Supremacy Clause of the US Constitution and incorporated Bill of Rights made applicable to the states via ratification and application of the Fourteenth Amendment to the Federal, US Constitution and incorporated Bill of Rights, under the freedom of expression, freedom of association, freedom to peaceably assemble, and freedom to speech.
- (3) All content in this post is also protected pursuant to the Federal statute 17 U.S.C., section 107 (“Fair Use”) as this content is solely intended for general knowledge, academic research, and/or entertainment purposes.
- (4) If anyone should desire, require, or demand a retraction or modification in part or in full, you must contact the author of this blog for fair notice to correct, pursuant to reasonable and lawfully obtained evidence supported by all legal and factual bases for your desire, demand, and/or requirement for a full or partial retraction in a timely manner so that Author of this blog may respond expediently and lawfully.
Montana’s “Throwaway” Youth Report Commissioned for the Eighth Judicial Circuit and Office of Juvenile Justice and Delinquency
Prepared by: Marlin Farley, Jeri Brunoe, Consultants, and Karen B. Francis, State Training and Technical Assistance Center
Here is Your “Required Action,” Ms. Karen Francis:
Study of a Similarly Eugenicist and Socially Darwinistic Government-Commissioned Study:
Read about how the US government, was inducing thin this 2001 study, was inducing its Socialist-Communist coercive control mechanisms for “trauma-informed outcomes” research by kidnapping children from healthy and fit parents and their schools (as this is from the Office of Juvenile Delinquency or Probation, an Executive Branch DOJ commission, quite sadly, that is if author of this post if properly “interpreting” their little newsletter that is public knowledge and found right over the public Internet. If this is what they had no fear of disclosing to the American public to whom they are fiduciaries to the Public Trust and Integrity of the Judiciary (to keep the “GAME” going for their state county, and judicial treasuries and free federal land grants to hoodlum cops and social workers, doctors, daycare workers, and other first reporters, of course), then just imagine what they are not disclosing in the present 2015. “Readers are Leaders,” so keep reading, or else you better start NOW!
There is no longer any such notion of “honest services,” but there is a Federal R.I.C.O. prosecutable predicate crime by private citizen attorney generals termed honest services fraud. Connect it to an organized structure and a criminal enterprise with a pattern, people. Think Child Advocacy Centers, Supervised “Visitation,” Juvenile, Dependency, Probate, Family Courts, Collaborative, Unified Law and Courts, residential treatment facilities, shelters, “community resource” (“community stakeholder” and “partner” and “third party faith-based organization” “resources”), your local big city sheriff’s office and office of juvenile probation and lucrative “diversionary” programs and “justice” children’s youth services facilities/peodophile amusement parks for, well, you know who if you have not found this blog by accident. “Take heart and have courage, and keep fighting the ‘Good Fight'” (peaceably, of course, as in The First Amendment to the Federal US Constitution and incorporated Bill of Rights by way of ratification and application of the Fourteenth Amendment to the Federal US Constitution and incorporated Bill of Rights. Read to your children, hug them every chance you get, and “teach them well.” Read the Bible to them whether you believe in it or not (I happen to), for it is, at least, and instruction manual for life, but I hope you BELIEVE.
Signed, the Lion(ess), Who Watches the Hawk, Who Watches “The Mongoose” Who Watches the “Brood of Vipers” and Pharisees in the Family Courts of Fraud! (citing to The Holy Bible, all real versions)/
These infiltrators really underestimate the power of natural-born, “sovereign,” “elect” American citizens of this Repubic USA, and of course, of the INDOMOTIABLE SPIRIT OF MAN/(WO)MAN!
Fair Use and Legal Disclaimer (PROMINENTLY DISPLAYED)
- CENSORSHIP WILL BE PROSECUTED AS IT IS A FEDERAL OFFENSE IN THE THIS REPUBLIC USA, THE LAWS TO WHICH YOU WILL BE HELD ONE WAY OR ANOTHER!
- (1) This post is made in GOOD FAITH and for deterrent purposes against child abusers, alleged child abusers, and those who would maternally alienate fit, loving mothers and children from one another.(2) Content in this post is protected by Julian’s Real Mummy’s First Amendment herein claimed rights as a natural-born American, “sovereign,” “elect” citizen pursuant to the Supremacy Clause of the US Constitution and incorporated Bill of Rights made applicable to the states via ratification and application of the Fourteenth Amendment to the Federal, US Constitution and incorporated Bill of Rights, under the freedom of expression, freedom of association, freedom to peaceably assemble, and freedom to speech.(3) All content in this post is also protected pursuant to the Federal statute 17 U.S.C., section 107 (“Fair Use”) as this content is solely intended for general knowledge, academic research, and/or entertainment purposes.
(4) If anyone should desire, require, or demand a retraction or modification in part or in full, you must contact the author of this blog for fair notice to correct, pursuant to reasonable and lawfully obtained evidence supported by all legal and factual bases for your desire, demand, and/or requirement for a full or partial retraction in a timely manner so that Author of this blog may respond expediently and lawfully.
The Freedom of Knowledge, The Power of Thought ©
|Emily Joy Lake:
Interstate Child Protective Services Fraud and Abuse CaseBy Susan Detlefsen <firstname.lastname@example.org>
August 20, 2005http://www.motherinterrupted.us/Emily.htmOn Wednesday, August 17, Portland Judge Nan G. Waller (Nan.G.Waller@state.or.us) ordered Emily Lake to be sent to Michigan citing the uniform commercial code (UCC) which proves, does it not, that Emily is an item for income?Someone pointed out UCC refers rather to the uniform child protection act, but I’m not sure of that yet. Anyway, the point is, Emily was ordered sent back to Michigan. However, I just spoke with Roger Weidner who says Judge Waller has not yet signed the order, and that Lynnae Lake stayed down in Salem last night to keep fighting for her daughter through the Oregon Supreme Court.In spite of irrefutable evidence of fraud, collusion and outright lies, Portland Judge Nan Waller, without ever hearing from Emily Lake, ordered her to be turned over to Michigan authorities.Emily’s mother, Lynnae Lake <email@example.com>, had a visit with Emily on Monday, and stated, for the record, that her daughter told her she had been asked to withhold information about the CPS strategy from her mother, that she had been offered various gifts for her cooperation. In spite of this, Emily told her mother that she had been crying for her and asked when she could come home to her mother.
Emily told her mother during the Monday visit that her eyes were hurting her, but that DHS refused to take her to the hospital or to see a doctor.
Emily’s so-called attorney Lynn Haxton declined to speak on Emily’s behalf, and since Emily was not there, I asked Judge Waller if I could read a letter from Emily. “I object” was the only thing I heard Paxton say during the hearing. She objected to anyone communicating anything from Emily to the court. Why? Because she is involved in criminal racketeering, fraud and child exploitation.
One of the court watchers present today agreed to be the principal plaintiff in a lawsuit against Ms. Paxton for failure to represent Emily Lake, and for violating her right to safety and to a permanent home, with the mother she has lived with since birth, except for the period when Emily was 4 years old and she had been snatched and put in foster care by Michigan CPS–which is the reason Emily and her mom left Michigan in the first place.
“Dear Susan, My name is MJ (Emily apparently became aware of the underground nature of her existence here in Oregon and made up a name for herself, as her mother had done). I am a child between the age of 7 and 10. CPS is chasing us. We had to leave our home. I heard you are trying to stop CPS. Please help us too by telling people we want to go home. I want this to end. Love, MJ” This was the letter I received from Emily back in February when I started getting to know her and her mom, whom I knew as “Anne”. The letter, as well as some of Emily’s artwork, were left with Judge Waller to go into Emily Lake’s Oregon file.
Lisa Kaufman, Ms. Lake’s court-appointed attorney, did a pretty good job arguing her case, and fighting to have Emily released. She pointed out the community Emily had developed around her since moving to Oregon, as evidenced by the number of Emily’s supporters present in the courtroom. She cited various statutes pointing to the court’s obligation to look at Emily’s current situation and needs, and that the Michigan petition was not valid, since at the time it was served in Oregon, it was outdated.
In spite of all this, and overwhelming evidence, that no one in charge of Emily’s custody here, neither the attorney general (or district attorney) Springer, nor Emily’s caseworker, JD Devros, nor the girl’s own attorney, Lynn Haxton, have done anything to protect this child from abuse by Portland Police or medical neglect, in failing to have Emily seen by a doctor since she has been complaining about the pepper mace sprayed in her eyes.
Lynnae Lake left the Portland Juvenile Courthouse today for the federal building to try to get an injunction on Emily’s extradition back to Michigan.
August 17, 2005
I wanted you to know that [my daughter} and I came to try to say goodbye to you tonight. You were a bright light in my life while you were in Portland. I will never forget our trip to Mt. Hood, the Oregon Coast and the hike up to Multnomah Falls, and the evening I did all those different hairdos on you. I think I have photos of that somewhere.
I have your paintings, which are so precious to me. Thank you for leaving them with me.
Emily, if you don’t want me to have photos or paintings by you on my MotherInterrupted Web site, just tell me, and I will take them down. I want to hear that from you though, because many times I have received emails from CPS workers claiming to be “child x” wanting me to take down their Web page, then later I find out that the kid did not even know about the Web site until the state worker coerced them into agreeing to cooperate with scolding me about exposing their story. I am telling you this because you are old enough and smart enough to figure out what CPS is really all about, right?
I put this Web site up to let the world know what CPS is doing to all you kids, but your privacy is very important, so just let me know. I would need to hear directly from you before I take anything down, ok?
So many people are talking about you and your mom. I just got off the phone with Roger Brown, a renowned sociologist who has taken great interest in your case. He has proof that CPS is hurting kids like you by taking them from their parents.
You will be so proud of your mother someday. I wish you could have heard her today, and last Monday, taking on DHS, CPS, the district attorney and even the judge, in her fight to get them to let go of you. Your mother is still working on paperwork, right now. She is down in Salem, filing motions with the Oregon Supreme Court to try to get you back. She reminded me of a mama lion–and a very smart lion–going after a predator.
Alas, CPS is a very powerful institution, and it will take a good hard fight to get them to lay off the kids. My dream is to free the children someday of CPS.
I tried to leave a special teddy bear from Oregon for you to take back to Michigan, and one of your paintings I thought you might want to take with you as a souvenir of your time here in Portland. Of course, your captors would have nothing to do with me and ordered me to leave the building immediately. They don’t like me because I am telling the truth about what they are doing to kids and families.
Emily, I will miss you, little angel. Send me an email sometime.
Your friend forever,
See how “endangered” she was while in the custody of her mother in Oregon?
Emily is an artist. When she came to our house, Emily loved to use my water colors. I eventually gave her some water colors of her own. Here is my favorite painting by Emily.
One of my other favorites is the “pear people” painting, which is hanging across from my own giant pear painting, which I painted myself with a friend a couple years ago.
In February of 2005, Emily Lake and her mother “Anne” moved to Oregon to avoid being destroyed by Michigan CPS. I did not know the full details of their story until they were apprehended last Wednesday, August 10, 2005.
Monday, August 15, 2005: Emily finally gets a visit with her mom. Details of the visit are being kept confidential for now, so as not to compromise Emily and her mother’s case.
Monday, August 15, 2005: Lynae Lake challenges Michigan jurisdiction and makes a record of abuses against her and her daughter in Portland, Oregon
Today, at 1 p.m., after much confusion about whether or not there was going to be a hearing, Judge Nan Waller was put on speaker phone in Multnomah County Juvenile Court. Lynae Lake, aka Anne White, gave the most outstanding courtroom performance I have witnessed to date. I hope to put a full transcript of the hearing on my Web site.
Laying out the fraud behind the Michigan petition to take 9 year old Emily, and the pattern of retaliation against her for being an outspoken advocate for children’s rights in Michigan, Lynae Lake convinced those present that she is a loving, protective mother, and that she and her daughter were brutalized, on groundless charges and a groundless pick-up order for Emily, by Portland Police on August 10, 2005.
“You are violating my right to due process and you’re violating my daughter’s rights. Where is Emily? Why is she not here to speak for herself?”
95 year old Frances Weidner, mother of former prosecutor Roger Weidner, who had to be in Bend today and missed Emily’s hearing, spoke on behalf of Emily. “Where’s my Emily, where’s my princess?” Mrs. Weidner has been asking since Emily was violently kidnapped last Wednesday from the Weidner residence by Portland Police Sgt Charlie Brown. When she got up to the speaker phone, Mrs. Weidner addressed Judge Waller and all of us in the courtroom: “I told Emily, you’re going to be the Rose Festival Princess someday if you stay in Portland”.
When Emily’s mom pointed out that, until last Wednesday, Emily, who has been a resident of Oregon for over 6 months now, was leading a happy healthy life here in Portland and that she has many friends here, those of us there supporting the family spontaneously broke out in applause and cheers for Emily. We were clearly in contempt of court, though Judge Waller did nothing but listen. The court clerk, however, a nasty-tempered bureaucrat, apparently felt it necessary at that point to bring the guards in.
When it became clear that Judge Waller had apparently already made a decision about Emily prior to the hearing, Lynae protested: “this is just a play isn’t it? The script has already been written. This no hearing”. Judge Waller hesitated, then asked to have one of the attorneys look at the pick-up order for Emily. She asked for the expiration date, which stated “June 2005”. So, the only documentation that anyone had justifying anything that had happened to Emily and her mom since August 10, was expired.
Judge Waller set another hearing, for this Wednesday, August 17, at 11:00 a.m. to find out whether or not Michigan can renew their petition (which was based on fraud in the first place, as Lynae has already shown). Only Emily’s testimony can corroborate what the mother is saying.
For anyone reading this, please urge Judge Waller (Nan.G.Waller@state.or.us) to bring Emily into court Wednesday to speak on her own behalf.
When I questioned Emily’s attorney, Haxton, about this, she refused to answer any questions, and quickly stole out of the courtroom.
Dave Nyhoff is making calls to Michigan authorities to urge them not to renew any pick up order on this child
Before leaving the courtroom, Lynae Lake insisted Judge Waller set up a visit for her and her daughter. The visit was to take place this afternoon in Portland. This was a relief as some had been told Emily might have already been sent back to Michigan.
Please attend Emily’s next hearing this Wednesday:
Emily Joy Lake Hearing
August 15: Calls from Portland Police Complaint Department
I received several calls today from Officer Hess regarding reports of police brutality against 9 year old Emily Lake. He said so many people have called to complain, that a special investigator has been assigned. Please address your complaints regarding the August 10 brutalization of Emily Joy Lake to:
Judy Taylor, Portland Police, 503-823-0905
If you don’t feel that pepper spraying and threatening with attack dogs is a good way to “protect” children and keep them “safe” as DHS says they are doing when they have the police go take kids like Emily away from the parents who love and protect them naturally, let Ms. Taylor know about it.
Please read synopsis by Nancy Luckhurst, President of Children’s Rights Foundation from Michigan, and personal friend to Emily Lake and her mother:
“Right now I am in such shock and mental anguish over this I am going to have to get my barings a bit. This one is very personal to me. I know the story and it is not pretty and it was all started several years ago by the oldest daughter who wanted to live move in with a boyfriend. She got a case started and the children were put in the care of the father who never had any interest in them. He dumped them on an aunt. The abuses in that home were horrendous. The little one was only 5 at the time. The children in that home were allowed to torture that child. She loved to pretend she was a dog or cat as so many children of that age do. The family allowed the other children to put a dog collar and leash on her and force her to eat dog food out of a dish on the floor. That was only part of it. The mother won the children back. In the process she made worker Dan Rogalny of Midland Co look like the ass he is on the stand as I understand it. He has had it in for her ever since. When she left there was no order in place to pick up the children there was no warrant. CPS in Midland Co had made no contact with this mother what so ever prior to her leaving. I am getting information coming in I am going to be making contact with the people she was living with and make arrangements to get her computer. I know there is tons of information that is needed there to show these turkeys for what they are. Will Gaston has agreed to help with this endeavor. If you do not know who he is get Randy’s survivor Flyer and see his picture. Go on the net and read his story. It was is late wife who wrote the book so many in this advocacy work swear by, Sui Juris. Oh and as a note. I had an occasion to talk with little Emmy. She had met Will. She told me she had just met the “real Santa Claus”. When you see the picture you will understand.”
Reading of how Emily Lake and her mother were treated is very distressing. It unsettles me to know that there are so many actors out there just “doing their job” for the corrupt who seem to run the show. How is this allowed to happen? There aren’t many actors in our government with any decency, morality and sense of justice–and where are they who “protect and serve”? They have their priorities mixed up, it is US they are to protect and serve, not corruption.
Do the right thing, protect this little girl and her mom. No matter what instigated this event, there is no excuse whatsoever to treat fellow human beings in this manner. Disgusting! Evil. Bring charges against all who played a part in this travesty. Reunite Lynnae and Emily at once.
For the future, we need to unite and agree to never, NEVER, elect members of the bar to legislative or executive branches of government (boycott lawyers from public office); don’t keep reelecting anyone but put new blood in offices, and most important–hold accountable the judiciary, visit http://www.jail4judges.org for further information.
August 14 Message from Will Gaston, A Voice for Children:
Takeback mailing list
August 15: Letter to Portland Mayor Tom Potter from Charles Stewart
You seem possibly an honorable man. I do not say this to many public servants in our area. I read about you in the news-paper. You do seem to have a rare functional conscience.
My un-orthodox legal skills might be of assistance in your battles with the un-thinking robots. If his is of interest to you; please contact me. There is getting less middle-ground for the fence-sitters. Those who truly seek the betterment of the common people must learn to work together against those who subvert our fundamental state & national system of constitutional government. Otherwise all will be lost. The enemy is simply to powerful.
This is a copy of a complain I lodged to your Portland police bureau. I believe it is with-in your power to do something about these abuses.
Charles Bruce, Stewart
On behalf of: Emily Joy,Lake; Leanne Lake; Roger Weidner; & the People of the State of Oregon; State-Ex-Rel/Quo-Warranto Felony Kinaping & Assault Criminal-Complaint.
I do not know these officers names. I believe you-all know the case I am speaking of. My complaint is for criminal assault & kidnapping by these officers & all attorney bar-members who conspired to proceeded with lawless force against this mother & child.
From the testimony before me of these honorable people, I believe that these officers acted beyond their constitutionally-lawful authority to abuse this child & her mother.
I used to run the “Multnomah County Common-Law Court”; as Elected “Chief Justice” there-in.
Our court was shut down in large part by lawless cointelpro-style abuses from the rico/babylonian-whore bar-monopoly attorneys & judges & the seeming mk-ultra mind-controlled police-officers robotically enforcing constitutionally-lawless malum-prohibitum based codes & regulations. Your officers physically beat one of our juror/judges, one James Bleakley; & harassed us in many other ways; all under the conspiratorial direction of these private criminally syndicated bar monopoly members.
We were no threat to you. We need good constitutionally-recognizable “Law Enforcement” Officers; if you still have any.
But we were a threat tho that constitutionally-lawless rico lawyers bar monopoly. If the common people can break that monopoly on the administration of justice, those social parasites will have to go out & find honest work. There will be very little use for their statutory-schooled law-school education. Like vampires in the daylight, they will dry up and wither away.
From the testimony of trusted friends, I believe this complaint is well-founded, & i am trying to add extra weight to already registered complaints similar to this. I do this because i know there is much corruption on your offices; & I fear if I & others do not speak, it will get shuffled away & this will just be another abuse similar to Kesandra James Murder by the satanically-lawless criminal syndicate members whom I believe infest & terrorize your ranks.
Also; I live in fear that these abuses can happen to me or anyone. This is Not a Nazi Police-State where Goons with Guns & Badges can lawlessly abuse the rights of common peaceable people.
Roger Weidner or Wilbur Gaston can provide more details. I am assisting all of these people in trying to being Conscionable Justice & Constitutional Law (same thing) to this matter.
We all proceed in the name of & on behalf of the common -people of this state; as is our recognized right under Oregon’s Constitution at Article 1 Section 10 & in ORS 30.510; State-Ex-Rel/Quo-Warranto. A crime against one, is a crime against all. We are an organic body-politic. We fell the pain of our fellow patriotic constitutionalists; in every abuse you hurl against us.
Since you-all terrorized us into shutting down our common-law court; please ask the Multnomah County Court Administrator for a Courtroom where “We the People” can assemble a Jury with Functional Consciences & the brains to follow the fundamental principles under-lying constitutional “Due-Process of Law”; to lawfully adjudicate this Kidnapping & Assault complaint against your nazi goons; & to Lawfully resolve any lingering entanglements concerning this mother & daughter.
Surprise the common people of Oregon. Show some respect for Constitutionally-Recognizable “Law” for a crying change.
Your form demanded a zip code. We know the nazi judges take star-chamber style “silent judicial notice” that zip-code use means we have consented to be slaves. Take notice, we do Not “consent to be slaves”.
Call or email if you desire more details. Email is very good.
Charles Bruce; Stewart
August 13: Letter from Nancy Luckhurst to Judge Waller
Dear Judge Waller.
I am writing this in support for Emily Lake and her mother Lynnae Lake. This mom is a one of the most dedicated Mom’s I have ever seen. Emily is such a delightful little girl, so bright and loving. The devotion they have for each other is so apparent to any one who spends any time with them at all. This story is long and all you are going to get here is a short synopsis but it should tell you there is something that does not meet the eye. Every I have seen the documentation and I know that as a former Real Estate agent I am personally taking the documentation of wrong doing by this ag toain the Michigan licensing board on Monday morning. This woman is scum. I know this story is going to look and sound really bizarre but don’t ever forget that old saying truth can be stranger than fiction. And this is definitely one of those cases. There is going to be a complete legislative investigation into the actions of people in the Midland Co DHS office and the adult daughters who conspired with a DHS worker just to mention a couple.
Lynnae’s only concern is her daughters well being and safety. She would literally give up her own life to keep this child safe. That little girls is so close to her mother it would be a horrible travesty of justice to separate them. There are children out here in this world who are being abused in so many on Godly ways. Emily Lake is not one of them by any stretch of the imagination.
As President of the Foundation for Children’s Rights our advocates work everyday with families who have been falsely accused of child abuse. The one thing we demand before an consideration to advocate for anyone is we must be given absolute documentation by the client to show they are not guilty of what they have been accused of. I know Ms. Lake has been protrayed as some kind of vicious child beating lunatic. Nothing could be farther from the truth in this case. I ask you as not only as an advocate but as the mother of 8 and the grandmother of 18 search your heart and look into the eyes of this little girl and please don’t run to judgment in this case. Please do not send Emily back to the State of Michigan where we know she was abused while in the care of the state in the prior case. I am sure you know how manipulative a teenager can be when they decide they want to do something not in their best interest. It is a parent’s duty to guide and prevent them from doing something harmful to themselves. If this is a crime then that is the crime for which this mother is guilty certainly not of abusing this angel child you have in the custody in Oregon.
Please read the synopsis that follows and search your heart and mind on this case.
Thank you so much for your time and concern in this very delicate matter.
Lynnae Lake, the mom, called me today from the Multnomah Co jail in OR. She informed me they did not resist when the police came. She was beaten unmercifully and chunks of hair were yanked out of her head. This happened after arriving at the Jail. The officer said if she didn’t like that he could rip her head off. She thinks her foot is broken. Both she and the child were pepper sprayed twice and the little girl Emily got the worst of it. The Portland city police took attack dogs with them. She has not to this moment been given her rights. She has not been arraigned. She has not been officially arrested. She has requested a prisoners handbook and a complaint form and has been refused both. She has not had any medical treatment for her wounds. Are they waiting for the bruises to go away first.
She was told they were not going to hold her she was going to be let go no charges. Oh but wait then the Judge in Midland Co Michigan decided he wanted her held on a fugitive warrant.
This woman left this state one year ago with her daughter had not been contacted by DHS/CPS prior to leaving. There was not a case open that she knew of, there was no warrant. The worker entered a private school without a warrant, without a court order and interview her older daughter against orders left with the school office and placed in the school records. This has already been tested in the Federal courts it is a big NO NO. The mother arrived to pick her children up on the last day of school and was warned by a school employee that CPS was interviewing her teen age daughter. It falls under the 4th ammendment of our little used U.S. Constitution. Also there is a another amendment not often used by our the various states DHS offices it is called the 14th ammendment which covers due process. Oh but there is so much more.
There is so much more to this mother’s story. Her oldest daughter now married made a CPS complaint 4 years ago. The children were removed and were place with the father who left them with an aunt. The children there in that house tortured poor little Emily. They were allowed to put a dog collar on her and force her to eat dog food out of a dish on the floor. When Mom was again awarded custody of her family she was one child short. You see the oldest had been placed in Independent living in an apartment with her boyfriend. That is exactly what the Mom had been arguing about with this kid. Ok the kid got her way paid for by the state of Michigan with Federal Title IV funds. In other words the State of Michigan sanctioned a minor living with a member of the opposite sex against the mother’s wishes. Isn’t that special. Fast forward 3 years to 2004 and the exact same thing happened. This was the second in line a 17 year old who had met some guy online she has never met and is going to move in with him and live happily ever after. We have the e-mails to prove this folks. So over a 3-5 month period the oldest daughter who is by now married and the middle sister have decided to cook up a story and don’t forget they now know how to play the system. So after planning this, oh and did I forget to mention in these e-mails back and forth between the sisters there is mentioned a Dan R who is the worker who works for Midland Co CPS who is coaching them in how to put the story together so it will fly so he can take the the middle girl and the youngest girl, our little angel Emily.
Folks there is so much more to this story that you would not believe. There is the mysterious circumstances surrounding the sequestering of this woman’s terminally ill mother by a half sister and not letting other family members know where she was. Right after this happened the Will which covered a Million dollar estate was amended. Then the mother was placed on hospice with the half sister who just happens to be a nurse being the care taker. Upon the mother’s death the mother’s body is taken to a funeral home in South Haven MI with strict orders to the Director that no one is allowed to see the body. Anne was not supposed to be notified of her mother’s death. She did find out and called the funeral home and the Director told her he would let her and her sister and brother see the body if they would like to. The went to be with their mother.
After Anne left with her little girl Emily. She had asked her fiancee to please stay and care for her house. But all of a sudden he is served with eviction papers from a real estate woman Dana K. Maier, who had by the way bought several of the mother’s pieces of property in the past. She listed herself as Agent for the landlord and listed as reasons for the eviction he owed $10800 in back rent. And the house was inhabitable, but she was not the agent for anyone. In fact the statements were all lies. Anne had nothing to do with this woman. But her half sister Eileen Pearson of 1422 Homecrest in Kalamazoo did lots of business with this woman as administrator of her mothers affairs.
On December 7th 2004 Eileen Pearson the half sister contacted the Midland city assessors office and some how got them to change the address on the tax statement for Anne’s house to come to her address in Kalamazoo. When someone checked on this fact with the assessor’s office just recently it was found the address had been changed back (again by Eileen Pearson) but the website did not reflect that. How ever when Anne checked the website in April the address for the tax statement was hers. So that is a real puzzle. HMMM did the Midland City assessor back date that for some reason? oh yes that’s right this would nulify anne’s homestead property tax exemption wouldn’t it causing her taxes to be much higher and she would lose her house to the state of Michigan if she can’t pay the taxes. Gee is the loving half sister planning a little hostile take over of her home. Let’s see it has been reported by people looking after the house that a window in the front door has been broken out and now boarded up. the window next to that was then broken out and lights left on. But mysteriously now in the last few weeks it is discovered there is not electricity on but Consumers didn’t turn it off. And all the fuses are fine. This has just happened. Three lawnmowers have been stolen out of a shed one is a rider and the little girls trampoline is no longer there. Someone is still dumping junk and other materials on the land across the street in the flood plain and wetlands with no permit that has been an ongoing problem for years. This has been turned in by the way to DEQ in Lansing. This property is prime bottom land of the Tittibawassee River. The City of Midland has wanted it for years. The City along with Pomranky Construction has tried to get her off that land for about 20 years. She has been told she should give it to the City and she just needs to go away. It is all the poor woman got out of a Million dollar estate for God’s sake. The house is worth nothing but the land is worth a ton to the City or Pomranky who want to excavate the topsoil from it to sell to the City. That is valuable land. Not done yet folks. Some time in March or April of 2003 Anne who was working for a non profit as a bookeeper discovered there was something wrong with some of the accounts. She discovered there was money missing from some of the accounts controlled by the Director of the organization. She had not yet determined how much but it was in the 1000s. She finally collared the Director and after a bit the woman admitted she had made “some private loans to some people” Anne turned this in to the Board of Directors and the Michgan AGs office. For her efforts she was fired just one week before the whole CPS mess came down. She says the AGs office was starting an investigation but they would probably not be able to finish it without her being able to give them pertinent information after she left. The Director is still the Director of this organization and Anne was warned by other people within the organization this woman would not be above turning her in to CPS with false allegations.
So now as Paul Harvey would say you have the rest of the story. OH one last thing Anne’s name is really Lynnae Lake. Loving mother of Emily Joy Lake a beautiful angel child, who has never ever been abused by her mother but she has been abused by the State of Michigan DHS/CPS.
Dear God in heaven wil someone please help this woman and that beautiful baby. The mother had taught her that our organization would always help if something ever happened to her and to call us. Yesterday she called. That tiny little frightened voice was pleading with me to please help them. Then the mother came on the line. She was petrified. She knew there were there for her and little Emmy. I could hear the child in the background as the police were banging on windows screaming for them to come out. They were cowering in the basement. Then the phone went dead. A little later the phone rang and a man asked if I was Nancy. I said yes. He said he had a rather plucky little girl there who was demanding that he take my number and call me. The man is J.D. Devros Supervisor for CPS in Multnomah County. He asked if I would talk to her. What a silly question. He set the phone on speaker. And there was that tiny frightened little voice again begging for my help. Well folks now I am begging for your help. Don’t allow this outrageous sham to go on any longer. Hold the people who are responsible for their actions now. Go to the following link and scroll down until you come upon the face of that little angel. Look at her and tell her NO you will not help right now to expose the corruption of what has happened in Midland County Michigan. She is alone in a foster home in Portland Oregon. Wondering if her mom is Ok and wondering if anyone is ever going to help her?
Permanent termination of parental rights has been described as “the family law equivalent of the death penalty in a criminal case.” In re Smith (1991), 77 Ohio App.3d 1, 16, 601 N.E.2d 45, 54. Therefore, parents “must be afforded every procedural and substantive protection the law allows.” Id.
Advocates for those falsely accused of child abuse and neglect. Statistics show children are 10 times more likely to be abused and and neglected in foster care and 6 times more likely to die than in the general population. National Clearing House for Child Abuse and Neglect. Reform Child Protective Services NOW.
URGENT:UPDATE they have changed the hearing as of Friday 5 pm PST to Monday at 1 pm whether the attorneys can come or not
August 13: Open Letter from Leonard Henderson on Emily and Lynae Lake:
August 12, 2005: Letter from Lynae Lake <firstname.lastname@example.org>
To all of you that know me as Anne I first want to thank each and everyone of you for your prayers. For those that came out to the hearing and especially ***************** as I know this must have been extremely painful for her to go into court once again. Please keep praying as Emily is still in custody and I have not been able to find a way to communicate with her.
The horror and trauma that poor girl went through while the police threatened us to get bit by the attack dogs and tasered. They never called out one name nor identified who they were after. They tried to snatch her while she was outside on her bike and I was inside making lunch.
There were 12 police officers here and I had at least 5 on me for most of the time that I was in their custody. Emily had a couple on her too. As you know Emily was sprayed not once but twice by the pepper spray which literally burns your skin off and can blind you. I turned a shower on immediately for her to rinse and the police kept turning it off. I cried out she was a child for God’s sake and then they sprayed us again.
However I was not ever placed under arrest nor given in any way shape or form my rights (Miranda) they had no charge until late yesterday and that was custodial interference. Once I arrived at jail they beat and threatened me numerous times one screaming obscenities at me while he was ripping out my hair. (I told them they were all under arrest – lot of good that did me but I did)
I can’t tell you any more about Emily except she was throwing up from the pepper spray. Screaming for them not to hurt me. Crying and crying for her mama. (the cops were mad because she told them they were police and she didn’t trust them) and of course made her watch as they dragged me to the car and drove off.
The 95 year old lady I take care of also had to witness all this. She has dementia but this has so traumatized her. She goes around saying “this is a nightmare I am living – why would the police take Emily” “something has to be done how do we get Emily back?”and calling out for Emily her princess. This is 3 days later so you tell me. She also is concerned that the police are coming for her next.
What I did find out Thursday was that Emily had been allowed to call Nancy Luckhurst President of Foundation for Children’s Rights. She is also supposed to be at the new shelter hearing on Wed.
I am covered with bruises. I was beaten severely in jail both men and women. Just on walking into the jail very peacefully the one officer said “oh she got pepper sprayed – we got lots more here”
Another officer thought it was cute to watch me go to the bathroom and even commented on he liked the show and didn’t take much to entertain him.
I was for almost 24 hours moved from isolation cell to isolation cell. I repeatedly asked for the inmate manual which is the rules that prisoners and officers must abide by. I requested medical treatment for the injuries but was only asked if I was on any current medication (I was asked that repeatedly like they were sure I was supposed to be on something!).
At about 1 pm Thursday 11, all of a sudden they got really nice saying I had only a $500 bond to post – but lied when I asked about it being paid by credit card. They said no cash or money order only. Then said the judge my bond me out on my own. Arrainment was set for sometime after 2PM – surprisngly the same time as the shelter hearing I was not noticed for.
My guess is they did not count on the people showing up for my arrainment or the 20 people that went to the shelter hearing and testified on behalf of Emily and I. I thank God for each and everyone of them.
While I was waiting I was suddenly told I was released there was no charges pending but it would take a couple of hours. Now understand they had just started the arrainments and the men go first. At 1:30 the officer said I am being released on a no-complaint. That means no charges – period. She told that to Nancy Luckhurst who I had just gotten on the phone.
It would take a couple of hours to process me out.
Well I asked about the shelter hearing – how could I have possibly have known about that I said there were people waiting upstairs for me and there were people waiting over for a hearing that I was not noticed for and that was illegal.
Then 2 hours goes by and I am called off to one side to be told there was good news and bad news I was not going to be charged but I was not going to be released, a fugitive warrant was NOW out for me. I think this was also done to see how I would react I said oh o k .
ALL bogus and after the fact. So there were not ever any charges, I was just being kidnapped which is what I told them.
Now I’m taken (after strip search – my how fun) to a real jail cell this one is covered in food and I am not allowed to clean it up.
This morning I got told there was no warrant and I would be out in a few hours. However prior to being let out I now need to talk to a psychiatrist. I think I have b been hoaxed again and am now going to be stuffed in the looney bin. Oh yes and now I am finally given complaint forms and the inmates manual that I have been asking for from the instant I got there.
So now I sit and stew for a few more hours wondering at what cruel joke is going to happen now. So I begin to read the manual. Of which a bunch of things were violated and I found out I had been lied to about the bail a credit card would have done it..
But I did get released.
I got home to find that there were some people in the house and they took everything of value that I had including the $75 that belonged to Emily because she earned it. Over the summer she had earned over $130 of which she was so proud.
Some of what is gone is all the computer equipment that had all my legal docs on and all of a particular website I had been working on.
The attorney I have been assigned is out until Monday. Now the hearing is Monday instead of Wednesday so guess who will not be able to speak with the attorney? Also the attorney assistant says Emily WILL be going back to MI – does this sound PRE-DETERMINED???
PLEASE KEEP US IN YOUR PRAYERS – WE NEED ALL OF THEM AT THIS TIME
Lynae Lake <email@example.com>
August 12, 2005
Mom is out she is at the home she was taken from. She is not in very good shape and tonight they are taking videos of the injuries. She was never allowed medical treatment and in 48 hours they did not feed her. they did ask her this morning if she wanted anything. The conditions were so bad where she was at she said she would no have eaten anything in there.. This is just outrageous. The kept moving her from one islolation cell to another and each got worse. She was never advised of her rights she was never charged. Michigan says they are not going to pay to extradite her.
August 12, 2005 Letter to Oregon Judge Nan Waller from Lynae Lake <firstname.lastname@example.org>
The hearing held on Thursday was held improperly. I have not been noticed as required by law. And continue to not be noticed as required by law.
The underhanded changing of a hearing set for Weds Aug 17 to Mon Aug 15 with NO NOTICE and no oportunity to meet with the child’s attorney or the attorney appointed to me.
Also I question the legality of any attorney representing me in my absence when it would be perfectly possible to have me present. My whereabouts were certainly known.
I was contacted 5:05PM on Friday Aug 12 after all offices and agency office would be closed to be told about the case after making repeated calls to an office of my supposed attorney.
The court is fully aware that this attorney can not be met with prior to the court hearing. The Court knows that there is no possible way that this case can be prepared for thereby denying Emily and I our due process rights.
Because the police refused to present any warrant of valid court order I question the legality of the home invasion and molestation of Emily and I where Emily was PEPPER SPRAYED 2x ,threatened by attack dogs and a taser. The show of force went so over and and above reason to execute a supposed pickup order on a 9 year old child that my child was placed in real danger of her life from the Portland City police. The mental anguish and pure terror was clearly exhibited by my child is inconsistent with the safety and best interest of the child.
Once the adrenalin rush of the attack got started it was mob rule and not the actions of a professional police force.
The United States Court of Appeals for the Ninth Circuit said it best, “The government’s interest in the welfare of children embraces not only protecting children from physical abuse, but also protecting children’s interest in the privacy and dignity of their homes and in the lawfully exercised authority of their parents.”
Calabretta v. Floyd, 189 F.3d 808 (9th Cir. 1999).
“There is something bad happening to our children in family courts today that is causing them more harm than drugs, more harm than crime and even more harm than child molestation.” Judge Watson L. White, Superior Court Judge, Cobb County , Georgia
The mere possibility or risk of danger does not constitute an emergency or exigent circumstance that would justify a forced warrantless entry and a warrantless seizure of a child. Hurlman v. Rice, (2nd Cir. 1991)
The decision of the 7th Circuit Court of Appeals found that this practice, i.e. the “no prior consent” interview of a child, will ordinarily constitute a “clear violation” of the constitutional rights of parents under the 4th and 14th Amendments to the U.S. Constitution. According to the Court, the investigative interview of a child constitutes a “search and seizure” and, when conducted on private property without “consent, a warrant, probable cause, or exigent circumstances,” such an interview is an unreasonable search and seizure in violation of the rights of the parent, child, and, possibly the owner of the private property
“Decency, security and liberty alike demand that government officials shall be subject to the rules of conduct that are commands to the citizen. In a government of laws, existence of government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, omnipresent teacher. For good or ill, it teaches the whole people by example. Crime is contagious. If the government becomes a law-breaker, it breeds contempt for the law. It invites every man to become a law unto himself. It invites anarchy. U.S. v. Olmstead, 277 U.S. 438 (1928), Justice Brandeis.
The forced separation of parent from child, even for a short time, represents a serious infringement upon the rights of both. J.B. v. Washington county, 10th Cir. (1997) Parent’s interest is of “the highest order.” And the court recognizes “the vital importance of curbing overzealous suspicion and intervention on the part of health care professionals and government officials.” Thomason v. Scan Volunteer Services, Inc., 8th Cir. (1996)
Children have standing to sue for their removal after they reach the age of majority. Parents also have legal standing to sue if CPS violated their 4th and 14th Amendment rights. Children have a Constitutional right to live with their parents without government interference. Brokaw v. Mercer County, 7th Cir. (2000) A child has a constitutionally protected interest in the companionship and society of his or her parents. Ward v. San Jose, 9th Cir. (1992) State employees who withhold a child from her family infringe on the family’s liberty of familial association. K.H. through Murphy v. Morgan, 7th Cir. (1990)
The 95 year old woman that I care for has been so traumatized by the event and the loss of a 2 critical members of her home. She alternately looks for Emily who is her “princess” and talks about the police removing her. She can’t not stop talking about it and falling to her knees to pray. Her mental anguish is acute. As her caregiver this situation has caused severe mental abuse to a fragile and ill elderly woman.
Lynae Lake <email@example.com>
Susan Detlefsen’s August 12, 2005 Letter to Judge Waller, et al
Judge Waller, Judge Allen, attorneys general, others concerned regarding
Emily has been residing in Oregon 6 months, as of August 11, 2005. She is now a resident. Do not send Emily Lake to Michigan without a full hearing on the matter of residency, jurisdiction and parental fitness. Emily also has the right to have a voice in what is going to happen to her.
I understand the hearing which was set for next Wednesday has not been moved up to Monday, which does not give the mom enough time to prepare her case. The court is closed and so it is impossible to file any motions or paperwork.
I saw the recent photo of Emily sent by her mother. There are lots of photos, some videos, and artwork by Emily, which all demonstrate Emily’s well-being while in her mother’s care here. Do not run this little girl roughshod through your court. Give her a fair chance. She is very attached to her mother and, according to everything I ever heard Emily say, has no wish to live anywhere except with her mother. She is afraid of the police and CPS and of going back to foster care where she was abused.
I am the mother of *************, who, as Emily’s mom pointed out, was at Emily’s hearing Thursday. She also left a card for Emily with Mr. Devros, which I hope DHS will not be allowed to confiscate, as they often do with things that belong to children, but which might contradict their agenda of severing the child’s ties with those who care about him/her. I also left a card for Emily, letting her know that I, and others, are thinking of her and doing what we can to help her and her mother through this traumatic time.
Please protect Emily Lake by keeping her here in Oregon long enough for an investigation into what is truly in her best interest.
August 13, 2005 Letters to DHS Caseworker Jeremy Devros
It is not like Emily not to contact her mother, or those she knows care about her and her mom. Have you given her the cards from myself and my daughter as you said you would, or are you keeping little Emily isolated from the outside world? We are watching, and I am forwarding this to the judge.
Susan Detlefsen 503-239-9901
——– Original Message ——–
I accidently hit send without including the contact information again 503-232-6691
I want to repeat that I am gravely concerned for Emily’s well being. Also that she know how many people love her and are invovled for her. Tell her Mimi sends her love and misses her terribly. She has been unconsolable without her princess.
Of course it goes without saying that I want her to be given my love and that I am praying for her safety and her safe return to her mother where she belongs.
I will update this page as often as I can, hopefully once daily at least until Oregon case is settled. Email MotherInterrupted for more information on how to help this family.