Wednesday, 02 September 2009

• Nicholes' notes (Thanks Nick)

  Our family was completely torn apart by Cass County Social Services Jan-26^th 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along with a list of services and suggestions that they felt would be helpful in (correcting) our much to moral based, outdated mode of thinking.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

   

   

   

   

   

  
  
  

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