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Monday, 26 October 2009

  • North dakota values

    The following was sent to the Forum, which had been alerted to this situation a couple of weeks ago. The Forum has reported on other child welfare cases--which more neatly fit our stereotypes of what kinds of families see their kids taken into foster care. Seeing no reporting, I sent this to the Forum (and a copy to the High Plains Reader) this weekend. I am not disclosing the names of individuals involved, although the public has access to those names because criminal charges are involved. A copy has also been sent to the lobbyist for the North Dakota Coalition for Child Protection and Foster Care reform with a request that he forward it to other media outlets. It's not that the family needs or wants notoriety, but what has happened should give us all pause.
     
    Since the letter was sent, the mother has received correspondence informing her that she is liable for $389 per month of her nursing home bill, and $90 per month for child support. She receives SSI in the amount of $436 per month. That is all her income.
     
    If anyone wishes to contact the lobbyist for the Coalition directly, I will be happy to provide contact information.
     
    After I sent the email to media, I noticed some style and grammar mishaps. If clarification is needed on any details, feel free to email me and I will provide it.
     
    Sheri McMahon

     
    Last winter, the North Dakota legislature passed a bill calling for legislative study of a possible ombudsman program for families involved with the state's child welfare system.  This bill did not originate because the bureaucracy asked for it; it grew out of the heartfelt stories of families who have found themselves battered by the system. This fall, the first hearing by the Judicial Process Committee was held, with testimony from seven parents and relatives of kids who are or have been in foster placements.
     
    A situation is going on in Cass County which points to the need for an independent ombudsman. Late in August, police arrived at the home of a Fargo mother and took her children into protective custody. Then they left. The same night, acquaintances of the woman learned what had happened and brought her to Meritcare, where she was admitted. The woman, you see, had been diagnosed with breast cancer two years earlier. Since then, she had also developed diabetes and osteoporosis, battling spine fractures and pancreatitis. At Meritcare, it became apparent she was also developing pneumonia. The same police officers who took the children make sure they were taken care of in a crisis more or less left their mother lying on the roadside.
     
    After some weeks, the mother was transferred to an area nursing home. She continues to receive treatment--and to face two major legal battles. One, which is confidential, involves juvenile court proceedings to declare the children deprived. The other, which is not, involves criminal proceedings in which she is charged with Class C felony child neglect or abuse. That's right, a felony. A warrant was issued. She was not forced to go to jail--instead, she appeared in district court and was booked and fingerprinted in the courthouse, then allowed to return to the nursing home. Nobody was able to accompany her to her initial hearing. She paid for Paratransit transportation, arriving in the courthouse in a wheelchair. Later an attorney was appointed to represent her. A separate attorney has been appointed to represent her in the juvenile court proceeding--but it's worth pointing out that, three weeks after (as it turned out) he'd been appointed, she had not heard from him.
     
    The children were moved 60 miles from town--against the recommendation of the mother's oncologist. A case plan (called a "Single Plan of Care") have been developed. Contrary to what are purported to be policies of the state (including policies developed in connection with federal review of deficiencies in state child welfare systems--and all states, including North Dakota, have been found deficient), the mother has yet to see the written case plan two months into her children's stay in foster care. At a critical stage of her life--and the lives of her children--she has no idea what the system has in mind, other than the fact that it is busy prosecuting her in two venues. The caseworker occasionally drops by with an announcement (such as the announcement that it had been decided to move the kids to another town) and leaves, not taking time to sit down.
     
    One legal venue is necessary. If, as appears to be the case, this mother is not going to benefit from a cure for her cancer, arrangements need to be made for the lives of these kids. However, there are two ways to go about this. One is business as usual--the process trudges on largely excluding parent and children. The other way is to ensure active participation, including efforts by legal counsel and the guardian ad litem to make sure those most affected by whatever decisions are made have a meaningful voice. Sometime down the road, children of a deceased mother might feel they were managed like inventory in a warehouse--or they might feel that their mother's part in deciding what would happen to them has given them what small legacy she was able to leave.
     
    The other legal venue--the criminal charges--make no sense to anyone who is familiar with the situation. That amounts to a small handful of people who are doing what they can to provide a measure of support to the mother and the kids. The usual response is, "Why??? What are they thinking?" Nobody knows. Since this is also Breast Cancer Awareness month, one has to wonder how many of them have purchased consumer goods encased in pink or worn ribbon-shaped lapel pins while they write their case plans, file their legal petitions--and continue with business as usual.
     
    At the same time, criminal charges are known to the public--unlike the secrecy-shrouded child welfare system. This case provides an opportunity--and a responsibility--for every citizen to ask him or herself whether the way we do things in North Dakota reflects North Dakota values.
     
    Sheri McMahon
    717 7th Ave N
    Fargo, ND 58102
     
     
     
     
     

    =

Wednesday, 02 September 2009

  • Nicholes' notes (Thanks Nick)

    Our family was completely torn apart by Cass County Social Services Jan-26th 2007.  We feel that an emergency situation was essentially “created” by a Social worker at this agency who’s attitude toward us was ‘How dare you question us! You will be punished’! Our family would ask of anyone so empowered to investigate C.C.S.S. in regards to but not limited to these issues :

    1. Due process issues
    2. Indigent defenders who are ignorant as to case law, statutes, and  Federal laws, statutes and standards as they pertain to the Families case
    3. Civil Rights Issues
    4. Retaliation by this agency when parents question methods or assert rights
    5. Lack of accountability when rights are violated
    6. Forcing services that are not welcomed or needed
    7. Agents intentionally misstating laws and statutes
    8. Use of  Peace officers  as “enforcers” even when no law has been broken or court order/warrant issued

    We feel that our families story is not singular in nature . We think that the slights and injustices suffered by us happen much more than the public is aware of. We would beg that you review our story, and consider all those Families with similar stories who may not have the voice or opportunity that we are blessed with.

     Our Family also feels that there is a disconnect  between the forward thinking, good hearted citizens of  Fargo and Moorhead, and the government agencies put in place to protect them. Agencies that routinely commit civil and human rights abuses via  policies and practices that create an atmosphere that is inherently adverse to basic human, civil, and parental rights for a class of citizens who for the most part, are not able financially  to not only see to it that those rights are granted, but that they are recognize d and assured.

     

    There is no system ever devised by mankind that is guaranteed to rip

    husband and wife or father, mother and child apart so bitterly than our present Family Court System."

    Judge Brian Lindsay Retired Supreme Court Judge

     

     

    The Physical

    I don't think that I have come across a truer statement. Especially one that so completely embodies the ordeal suffered by my family last year. You see, we were introduced to Cass Counties idea of what a (good) family is and should be, along with a list of services and suggestions that they felt would be helpful in (correcting) our much to moral based, outdated mode of thinking. We learned, in the harshest manner possible, that compliance was not only expected, but required and assured by force if necessary.

     What happened to my husband was incorrigible to say the least, the only thing that gives us any solace is the fact that resident's of Cass County absolutely do not agree with these agencies pattern of practices, we know this from speaking to them directly, and the sound judgment shown by the jurors at his trial. Cass counties use of forced compliance was physical with my husband, they took a much different approach with me.

    The Mental

    It started at the school, where an officer and a social worker, after speaking to Leon and I, decided to pull me aside and offer me protection from Leon, running the gamut of chauvinistic and racial stereotypes, and asked on more than a couple of occasions if I needed help in leaving and even going so far as to ask whether or not I would consider leaving if it meant that I would be able to keep the kids. This was very upsetting given the fact that I had absolutely no intention of leaving either. I was told by the social worker that she too(again she assumed that I must be) was a victim of domestic violence and knew how hard it could be to stand up to and or leave the abuser .The officer proceeded to inform me that even if it wasn't recent, even if he( he being my spouse) had shaken or choked me, that they could have charges imposed, the implication being if I wanted him gone, they could make it happen. I repeatedly informed both that I was fine (present circumstances not withstanding) and only wished d to go home with my family intact. We were permitted to leave only after signing what we later found out to be a very unconstitutional, handwritten document, swearing off a number of our parental rights. They made the choice very easy, our children or our signature. The next day the nightmare really began. After some discussion, we decided to have the children seen by their doctor in west Fargo. We thought that given the circumstances, this course of action would be to everyone's benefit .We could not have been more mistaken. 

    I received the call from Leon’s brother Lionel sitting at my desk at work .I could hear my children screaming in the background and crying hysterically. My heart stopped as Lionel, as calmly as he could under the circumstances, informed me that Leon had apparently been arrested, and the children were in the process of being taking away as wards of the state!!! Just like that, my whole family was gone. A feeling of utter hopelessness set in as realization dawned, everything that I loved and cared for in this world was gone and there was nothing that I could do about it.

    Cruff, Stanger and Torgerson drew on my despair and again offered me a way to get at least part of my family back. I met with them in a back room at the Cass County Annex where again the sentiment wasposed whether or not I would be willing to leave Leon if it meant getting the children back. I was appalled and said as much. I also expressed our belief that their treatment of us was totally unwarranted predicated mostly on race. They of course quickly denied this and changed the course of the conversation. Stanger chimed in " your husband is as strong as an ox, I had to strike him a few times to get him to comply with us" he obviously thought that I knew about what had taken place in our (1/26/2006) bedroom, and I DID NOT. You hit him!!? I asked, shocked beyond words I could only watch as they passed nervous glances between themselves. I managed to calm myself and once again found voice enough to ask to see the warrant or court order so as to know what exactly we were being charged with and why Leon was arrested, Donnette Torgerson (the social worker ) quickly changed the subject again. "Were you aware that  Leon kept the children out of school today?” She asked. "Of course I am” I replied, and explained the reason. Again I asked what crime my husband was charged with, and was told  "resisting arrest" when I asked (yet again) what he was being arrested for, no on e had a cogent response { he was being arrested for resisting arrest} and around that logic went. 

    And this nightmare continued to get worse. Even though neither my husband nor I were ever charged with hurting our children, Cass County Social Services forced us to endure a cadre of slights and humiliations including staged hearings where despite the facts, we had no hope of reunification with our children .During an exhausting four month ordeal, we found out just how resourceful Cass County could be when they put their minds to it. They attempted everything from attempting to sabotage our therapy sessions, to trying to turn us against each other( they would tell Leon that I HAD and was saying things that I had not, and would tell us that our children were saying things that we knew they hadn't like they did not want to come home). They even went so far as to tell us that if we would just plead to a lesser charge, or if my husband would simply admit to being abusive, even if it wasn't recent, that they would basically leave us alone, once again showing that they cared nothing for the welfare of our family, or the well being of the children as their mantra implies, but were much more concerned with covering up the enormous mistake that they had made, and thus justify the horrible abuse my husband suffered at their hand.

    Needless to say, our children have suffered a severe psychological blow. In addition to our youngest son's two discolored front teeth, whenever we would attempt to leave him ( with his grandmother, or daycare, or pre-school) he would become extremely agitated, hysterical to the point of hyperventilation, afraid that 'if we left, he would never see us again and have to live with strangers', to use his own words. Although we had and continue to have a strong family, our bonds have become strained. Trust issues are a big thing now, conflicts in doing what we feel is best for our children and the very real fear that our safety and freedom may be at stake if  exercise our parental rights looms ominously whenever tough decisions have to be made. We feel that there is something very wrong here, criminal even. No one, not even a state ( state actors to be fair, because the state does not agree {see Raboni vs. State of North Dakota } should hold such power. The power to render useless GOD and Country given rights to raise children free from Gov interference in the way that the individual parents see fit. And no one should live in fear should they exercise those  rights! 

     Nichole Francis

    Contact info

    Phone (701)306-6906

    e-mail- nicademous1978@yahoo.com

     

     

     

     

     




     

     

Monday, 06 October 2008

  • Thanks Sheri

     
    My good Friend Sheri McMahon has been a godsend in helping us get our families story told.
     
     
    Dear Editor;
     
    Recent news coverage regarding licensed day care in the county revealed inadequate background checking of applicants seeking day care licenses. The licensing process goes through Cass County Social Services.
     
    On the other side of the coin, there are serious problems with child protective services fact-finding processes--meaning CPS investigations. Some examples:
     
    A father's children were taken--and the father arrested--based on allegations of corporal punishment. The parents were told that spanking, with or without an object, is illegal in North Dakota (it's not). CPS records alleged daily beatings of one of the children using a belt. In a way, it was lucky for the parent that he was arrested, because the criminal court became involved, and the truth came to light. There were no "daily beatings." The one child, grade school age, had been paddled twice in his entire life. The paddling incident that got CPS attention wasn't over a "messy coloring paper," it was after he shoved his 3-year-old brother. The court could care less about other allegations in the abuse-neglect report, such as that the child had once lost TV privileges based on his report card and that the children weren't allowed to go rummaging in the kitchen for snacks without parent supervision. On the witness stand, the arresting officer even admitted spanking his own children. The father was fully exonerated by the judge and the jury. Eventually--but this took months--the children went back to their parents. They resumed a life that includes love, structure, and nurturing the children's potential. The father resumed a long-time family ritual: long walks,  juice boxes and prepared snacks for sustenance, with a visit to a park, museum, or sometimes a symphony concert.
     
    But exoneration was not complete. The lawyer appointed to the parent did not represent him in child welfare proceedings, and the facts in the criminal trial didn't make their way into those proceedings. At best, the child welfare record intones that with required counseling and parent training the family's problems were resolved. The child welfare record still alleges daily beatings and a family belief in ruling with an "iron fist." It still alleges--falsely and with no other records to back up the allegation--that mom once fled her husband because of alleged domestic violence including choking attempts, and that she obtained a restraining order. According to the mother, these claims were complete myth apparently concocted by the officer who arrested her husband and took away her chidlren.
     
    When children are taken from their parents, the county prepares reports which become part of federal databases which identify individuals. Recently, the parents discovered that, according to the county's reports, all their children had been "clinically diagnosed" as "emotionally disturbed," terminology that, for federal purposes, means both a psychiatric diagnosis and a long history (at least a year) of severe impairment in daily functioning. None of the children had ever had a psychiatric diagnosis, and none has such impairment. The child welfare file also includes a copy of a newspaper report detailing the arrest of the children's uncle for alleged sexual misconduct. It does not contain the rest of the story--that charges were dropped when it turned out the alleged victim had fabricated her story and had made similar false accusations in the past. This is information a CPS investigator will review if a future well-intentioned citizen or mandated reporter reports any suspicion involving any of these children or any children the family might have in the future. The investigator will see "iron fist," "domestic violence," "choking," "daily beatings," "arrested and taken to jail," "emotionally disturbed." If you were the future investigator, would those words affect you?
     
    This story is dramatic but not unusual. It helped that the father received excellent legal representation in criminal court. Many parents are never charged. They may have legal counsel (usually court appointed) in child welfare proceedings. However, CPS investigations are much broader than criminal investigations. They contain overwhelmingly large amounts of fact mixed with speculation and hearsay--often recorded as "it is reported that" or "collateral sources have said" from unidentified sources. One parent was "reported to be schizophrenic" based on an error in her child's medical record. A parent was reported in subsequent case logs to be "drinking again and not taking her Paxil" because she had the same name as a clinic patient with an alcohol problem who was prescribed the drug. This parent did not drink and had never been prescribed Paxil. Official records are not compared with other official records for accuracy. One example is allegations involving educational neglect. School attendance records are often inaccurate. Doctor's excuses or parent explanation for an excused absence may be overlooked, or a child may be recorded as absent in spite of other records--such as schoolwork done in class and graded by the teacher on days in question--showing the child was in class.
     
    Establishing the truth in child welfare records is all but impossible. Federal law does require states to enact laws safeguarding the identity of an individual who reports suspected child abuse or neglect. That identity may be revealed if the case goes to trial, but not necessarily. In 2007, ND DHS asked the North Dakota legislature to extend the policy to collateral (secondary) sources who provide information to CPS investigators. The rationale was that additional sources might not want to give information if they think they might have to go to court. The only written record of legislative testimony is DHS' own testimony asking for the bill. A member of the Judiciary Committee that recommended passage (the bill was passed) does not recall any committee discussion or other testimony. Social services agencies go much farther than even this law requires. The law pertains to investigations, not to casework once an investigation is complete. Children are routinely removed before the evidence is heard, and going to trial can take months. Meanwhile, parents are routinely denied access to medical, educational, and other records of their children before, during, and after legal proceedings.
     
    Some parents believe that the federal Privacy Act does and should apply to these records. The Privacy Act is supposed to guarantee access to what the federal government says about you and an opportunity to correct mistakes in the record. The Privacy Act does apply to local and state government agencies carrying out federal matching programs--"matching" means that local records are matched to federal records based on the person's identity. Child welfare funding, which in North Dakota is primarily federally-funded, relies on  programs that apparently come under this definition. Yet local and state agencies continue to ignore parents who simply want to know what is recorded about them and their children, and to correct what is false. Parents who demand accountability from government agencies--or from the private agencies, such as private foster care agencies, the government does business with--are especially likely to see the doors slammed shut. Their only option is to hire legal counsel and pursue resolution through civil courts--an insurmountable barrier for most parents.
     
    We all want to make sure that children are well-cared for. The culture of secrecy in child welfare does nothing to ensure this and subjects families to the worst aspects of government secrecy. As a remedy for this and other problems in child welfare, some states have acted. Arizona has moved child protection investigation to law enforcement agencies. Utah established a central agency for parent defense. Washington State initiated a pilot project in which court appointed parent attorneys have access to their own social workers, not just those who represent the prosecution. Many states, including Minnesota, have opened their child welfare court systems. Maine reforms included allowing parents to seek review of old cases.
     
    Sheri McMahon
    717 7th Avenue North
    Fargo, ND 58102
     
    Editor: I am in regular contact with parents in Cass County, Rugby, and Williston who want to see changes in social services. I am also in contact with child welfare reform organizations from elsewhere in the U.S., who recently convened at New York University to share local strategies and begin developing a nationwide network. Although invited, I was not able to attend because of work conflicts. The specific examples of inaccurate records come from local parents, including myself, who are willing to speak publicly and/or share official records they have obtained. Two of us have been seeking meetings with the state's attorney, Birch Burdick, to address these problems. Although we have had initial meetings and subsequently submitted records to Burdick's office at his request, we have waited months for him to schedule agreed follow up meetings in spite of repeated reminders. With the exception of confidential information in the records we have submitted--that information would have to be redacted--the files provided to the state's attorney's office might be considered open record

Tuesday, 02 September 2008

  • Is He Serious?

    This is in response to a blog-ument I had with a fellow blogger online yesterday. I hope I explaine it a little better(and calmer) this time around..

    It is sad to say but some individuals, groups and/or countries are inherently "evil"and can only be kept in check when they know that the "good guys" have the will and the means to keep them in line. The proverbial bad guy or criminal element in any society is constantly striving to find means to carry out his sinister machination, faster and better than the good guy can repel them, resulting in  a perpetual cycle of ;bigger guns >better vest,  cover of night>night vision goggles,  I.E.D's > Vshped armored personnel carriers, and so on.Needless to say,but when the bad guys get the upper hand , they tend to emplement an "any means necessary policy" to retain that position , ex:(the Taliban, Saddam, Stalin,Hitler, Jim Crow) and it is very difficult if not impossible to uproot them.I have to admit , it is a beautiful sentiment to live in a world where military supremecy is not needed, but the reality is that it is not only needed, but it is required to maintain the semblance of peace we now enjoy.Military methods and spending may not be pretty,but my friend,the consequences of apathy are far uglier.  Point 2: Is a military society such a bad thing? Are tightly made beds and highly polished shoe's such a horrible concept? Is the thought of respectful youths,who would address their elders as Sir and Ma'am so intolerable ? I say weight the Military Code of Conduct against that of the Hip Hop ,Grunge,Skater,Punk ,Metal or Goth codes and the Military wins hands down every time. Why not instill an "Ask not what your country can do for you, but what you can do for your country" (or fellow man/women) mentality in our kids instead of the me, me, me mantra  we seem bent on teaching them today? What exactly makes certain people squimish about a military society?  Could it be the utterly atrocious semtiment embodied in the Marine corps  creed," Semper Fidelis " (Always Faithful) or the  Nuisance of the Navy Notion to "Excellerate Your Life". Our kids already recieve an un-healthy dose of moral decaying spiel via liberal media conduits like M.T.V and B.E.T that teach that the only thing that matters is to do what you feel. I think a little structure and discipline would be a welcome respite to a society overun by the me firsts' and later for you's.

Monday, 11 August 2008

  • All's Fair in Fargo

    Leon Francis , an African American male, was physically assaulted in front of his child by Officer Stanger,(kglaser.blogspot.com) when Police/CCSS sought to take his children into custody for a spanking report of one of the children—made to CCSS—by a WF school official. In this two page report, the school official notes other abuses such as his son not being allowed to prepare his own snacks( the rules in their home is adults prepare healthy snacks for the children), Mr. Francis extra homework for his children, and the child crying because he misses his father who was out of town on business in Kansas City ( where this family is from).www.xanga.com/kelseyport101.

    In contrast, Rod Haines, a WHITE male has spanked, slapped, threatened, and failed to provide medical treatment for his daughter.( all documented) Not to mention the fact that he has committed numerous acts of domestic violence on his  daughter’s mother as the child watched. He has provided numerous false statements—slanted facts—concealed facts—but then Leon Francis is black (with a white wife) in a town where it is documented using racial epithets as a police officer does not get you terminated!

     And, Officer Robert Stanger , the Officer that assaulted Mr Francis, has also been the subject of a complaint filed by Dakota Boys Ranch employees—after he  pressure pointed an 11 year old 100 pound  child , who was already handcuffed and detained (on his knees) by two other officers. Leon Francis made a big mistake—he wanted to take his kids to a doctor for an independent evaluation and speak to an attorney—and we all know how cell phones have an uncanny resemblance to firearms!

    Did Officer Stanger treat Rod Haines the same? No, Rod claimed, after he was caught coming back to our apt after being criminally trespassed, that officer Stanger  had only told him “ it would not be in his ‘best interest ‘ to come back”.

    Other white males with funds for private legal counsel have also been treated differently than Mr Francis, Myself and other women/minorities/disabled people/and other protected class members—which I know. TheY alleged child molester here in Fargo was allowed to cruise around town despite a widely known; newspaper documented, warrant out for his arrest and was given the right to surrender with his attorney. No one beat on his door or his person to bring him to justice.(after that, two other little girls were found)  Clearly two different set of standards here in Fargo.

    North Dakota, it appears—has one of the lowest standards for child abuse—‘some credible evidence’ is all that is needed to rend a family asunder, even if the report contains obvious, easily disproved , false material facts from an admitted ‘unsure if he broke her nose’ kinda guy .( Rod Hains to Ruby Knoll—Cass County Family Services.)

    Cass County is half of the child deprivation/termination cases in North Dakota—how many federal/state dollars are spent where children who are in no immediate danger are taken from their parents? How many times are children’s lives ruined by UN-CONSTITUTIONAL acts—with reckless disregard for their best interest based on a carpet of false material facts/misrepresentation/concealment of material facts?  CCSS, and the city of Fargo ND has a lot to answer for.

     

    Contact info; 701 306 6906 .....kelseyport101@aol.com (Leon/Nichole Francis)

    This was submited by a freind an fellow advocate. It is an excerpt from an A.P peice she submitted. Thanks Margi (Dragonslayer)

kelseyport101

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    • Name: leon
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    • Member Since: 10/12/2007

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