Weblog

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)

Tuesday, 24 June 2008

  • Pride and Prejudice

    http://www.msnbc.msn.com/id/21134540/vp/15652292#15652292 Free Hit Counters 

    The world is filled with concern but also with hypocrisy.

    Hypocrisy on the part of people who see no evil and

    Speak no evil to avoid becoming involved.

                                                                                        -MARCELLO PERA

     

     

    What is terror? What’s terrorism?  Webster defines terror as : "one that inspires fear, a cause of anxiety..dread, alarm..trepidation. Merriam defines terrorism as :the systematic use of terror especially as a means of coercion. Many of us think of terrorism, and our thoughts automatically focus on bombings and kidnapping, but a much more prevalent form of terrorism affects millions of Americans every day.

     

      When you see a Police officer, how do you feel? Safe? Secure? A feeling of joy because you know that this officer is here to "protect and serve" you and your family? For many minorities this is not the case. For many Americans the exact opposite is true, for when they see an officer, there is an automatic feeling of discomfort. An uneasiness born of a history of mistrust and police misconduct. The only thing that is worst than the actual misconduct, is community apathy, without which the misconduct could not exist.

    Now many of you will probably never know this fear and I daresay the majority of Fargo’s citizens will never be subjected to the utterly humiliating practice of profiling, or have basic rights and protections trampled based solely on class status and or stereotypes predicated by race, and that is wonderful, if you happen to be a part of that majority, but for the rest of us, this is a very real very painful reality that codifies a second class citizen environment. Alone, we are all but powerless to change this culture, but with community support, and public scrutiny, we can all enjoy the God and Country afforded rights of Life,Liberty and The Pursuite of Happiness, EQUALLY.

     

     This incident(www.kglaser.blogspot.com) occurred in Jan and involved elements of the Fargo and west Fargo police dept's (DET Cruff WFPD and  DET Stanger FPD). I was initially charged with CHILD NEGLECT/ABUSE WITH VIOLENCE, RESISTING ARREST, OBSTRUCTION OF JUSTICE, AND INTERFERING WITH GOV FUNCTION. All totally ridiculous not to mention manufactured charges, most of which were dropped well before my trial and the rest I was acquitted of earlier this month. This case was so ridiculous that the judge presiding asked on more than one occasion "What is going on here”. After my trial, several jurors apologized to me for what myself and my family had been put through not only by these police officers but also by certain agencies representing the state of North Dakota. It should also be noted that my wife lost her job and we lost our apartment because of this incident, and for about a month, we were forced to sleep in our van, and when the nights got to be too cold,(this happened in late Jan early Feb) hotels, not to mention the fact that we spent four(4) months fighting to retain custody of our children .Many tearful nights were spent writing letters via dome light to our children and their foster parents. Letters of hope, letters of encouragement and advice, letters of love, letters that they never received.
    My attny's name is Monty Mert's.

    On the 26th day of January 2007 my civil rights were severely violated when Officer Robert Stanger and Detective Derek Cruff viciously assaulted me in my apartment. After being savagely hit in the back of head and neck no less than 10 and no more than 15 times by Stranger for trying to call an attorney and later 911 (Somehow they mistook my phone for a weapon) even though Stanger was physically ripping it out of my hands as I dialed. They also seemingly mistook my screams for help and crying for being belligerent, and I simply have no clue as to the reason for him putting his foot on my neck and smiling down at me, apparently this is standard police procedure here in Fargo.

     

    The most shocking thing about the Fargo Police department’s use of these Gestapo tactics is how easily they are explained away. To read the Incident Report, you would think that these officers were heroically doing their job as they stoically fought with this violent, ill-tempered black male, who was apparently going for a weapon. This report is rife with inaccuracies, half-truths, and in many instances, outright falsities.

     

    There is an inherent belief in the Fargo and West Fargo Police departments, that if a minority or poor white citizen question’s the legality of the manner in which he is being treated, or asks for the protection of his civil rights via attorney, he is being hostile and that gives officer’s carte-banc to use extreme and in many cases brutal force to make him submissive. God and country given rights are apparently forfeit as we are reduced to the level of subhuman, beast to be beaten and caged, institutionalized and emasculated without so much as an afterthought to the effect this treatment will have on not only the individual, but the family (especially the children who see or hear) of aforementioned individual.

     

     

Monday, 21 April 2008

  •  my Asylum : Li

     cm 6 collin

     

     

     

     

     

     

    The law requires that the welfare of the children be the paramount consideration. The law also requires that all of us be treated equally. And yet, it would seem that those amongst us charged with the welfare of the nation and its citizens appear to think otherwise.


    This account , to most Americans would be horrifying, and rightly so. Everyone,regardless of race,nationally,religion ,disability or class status has god and country assured rights of life, liberty, and the pursuit of happiness. What should be even more horrifying to the American public is the fact that accounts like this happen, every day right here in America, Land of the FREE

    The right not to be deprived of  life, liberty or property without due process of law is a cornerstone of the American way of life, the founding predicate of a document that encompasses the supreme law of our country,  OUR Constitution.

    Why then , in this country, Parental rights are routinely and effectively terminated when agents of such agencies like DHS, CPS, CCSS  leaves a home with the children. This does not protect the right to due process. Parents are automatically denied the right to be present at interviews and  examinations or to even speak with their children. If  they have visitation, they are forbidden to speak about  the event or even initiate a hug  lest the visitation be immediately terminated. They have absolutely no say in their children's lives, who will care for them and how,or in the treatments the children will receive.

    The children’s right’s to due process are also violated by these actions. To all appearances, they are being punished because they are being denied access to their beloved parents, their family, their homes and their friends. They are patted on the head and told that it’s all for their own good, or in our case “ Mommy and Daddy are taking a little time off so they can learn how to be even better parents for you”. When they act out their anger and fear due to the states  horrific rending of their family , and the removal of everything they know and love, they are drugged into compliance against their wishes and the wishes of the parents, all at the unilateral whim of a case worker .Social workers often attribute the actions of the children to bad parenting or proof of the presence of domestic violence in the home ( ex; this child screams because there must be a lot of screaming matches between the parents) again completely disregarding the simple and obvious cause,P.T.S.D .

     YOU HAVE THE RIGHT TO…………

    Did you know that you have the right not to be compelled to be a witness against yourself?  The absolute worst criminals are afforded this right in full( Miranda “ you have the right to remain silent, anything you say can and will be used against you”) and almost every American man,women and child can recite it verbatim, but victims of CCSS are never afforded this basic right, and are often forced by these agents (CCSS) OR  as in our case a police officer,  to disclose information that is often twisted and misrepresented  and inflamed , then presented to the court as fact. Parents are seldom if ever informed that what they say will be used against them. Even more horrifying, despite H.I.P.PA  regulations, you are coerced into signing  for the release of private  medical and psychiatric information which is once again, a violation of your right  not to be a witness against yourself. Failure to sign these releases result in RETAILATION by CCSS agents or court ordered released of your information against your will. remember, you still haven’t even been charged with a crime, but you are still “held to answer” for charges that are in substance, the same as if they had been criminally charged. If the substance is the same as the crime,then the protections must likewise be the same.

    YOU HAVE THE RIGHT TO ………

     

    You have the right to be secure in your person, your house, your papers and effects against unreasonable searches and seizures.           No one can come into your home and simply confiscate your television, but, CPS/CCSS agents routinely enter a family’s home without probable cause, without warrants and without court orders, and many times with force (in our case violent force (www.kglaser.blogspot.com} and ruthlessly remove the children to places unknown without any evidence of abuse or neglect and not even a hint of “imminent danger”. This happens thousands of times a day, often to the poor or disenfranchised, and with no money to fight, they have no recourse. With the children in the custody of the state, and with physical possession being nine-tenths of the law, it can take months if not years to get your child/children back despite the fact that, in the absence of evidence, probable cause, or a warrant, your child/children have been taken illegally.

    We were denied access to our children without having been found guilty of any crime against us.We felt as though this was done maliciously, as punishment for us having refused to (1) admit guilt and agree to accept their efforts to reform our apparently flawed method of parenting, or (2) accept a plea bargain (and remember, we still have not been charged with any crime whatsoever). Not only is this denial of due process, it is cruel and unusual punishment for both us and our children.

    Warrant less searches like the one inflicted upon us are used by CCSS to obtain access to the children and interview them on the spot in a separate room, completely disregarding the trauma they inflict on the children , and with complete disregard for the right of  parents to oversee and protect their kids .These children are often strip searched and their naked bodies photographed. I f the parents object to such intrusions and interviews, they are accused of hiding something, and this assertion of their God and Country given rights is erroneously assumed to be proof of guilt.

    Let me be clear, everyone,no matter who they are or what country they are in,has the inaliable right not to be subjected to cruel and or unusual punishment (torture).We as Americans are champions of this freedom, yet we allow state sanctioned torture every time they remove a child from loving, careing, non-abusive home.Doing so without due process exacerbates the injustice.

    The children,ostensibly have a voice through the court appointed Gardian ad litem, but in substance,their voice is ignored by all who profess to protect them,and their voice is silenced to their parents whose hands are tied from protecting their beloved child.This unwarranted and unsubstantiated separation is cruel and unusual punishment whether it comes before or after a conviction, or as in most cases(like ours) without any conviction at all . The substance of the action is to punish.

kelseyport101

  • Visit kelseyport101's Xanga Site
    • Name: leon
    • Gender: Male
    • Member Since: 10/12/2007

Weblog Archives

Don't worry - your calendar is here… to see it in action just click "Save" above and refresh the page.

About Me

[no info]

Pulse

Recommended

[no recommendations]

Chatboard (2)

  • kelseyport101
    Hey Guys, I would like to start a dialouge on this chatboard. Who wants to help me kick things off?
  • kelseyport101
    standard police procedure in fargo nd