Apparently someone messed with my Google Docs when we were hacked a while back, so I will post entire text for easier reading.
ANTRIM COUNTY:
CONFIDENTIAL
TABLE OF CONTENTS
1. Introduction And Outline Of Contents
2. Operation Awareness
3. Branded For Life
4. Torture Called Treatment
5. Freedom Of Speech
6. Our Illegal Eviction Antrim County
7. Governor Granholm's Office
8. Dennis Mikko
9. Jere Clark
10. Senator Nancy Schaeffer Murdered
11. Miscellaneous – More Nepotism, Northern Michigan Connections to Satanism, Beaver Island and Fox Island Child Pornography
Note: Most of this information comes from different websites and emails, and as such, the formatting of the text and the contents of the text can be strange in places. Please disregard these discrepancies as they are irrelevant.
1. Introduction And Outline Of Contents
I have had the misfortune of finding myself in the cross hairs of Antrim and Grand Traverse County Child Protective Services - a misnomer. They legally kidnap children for profit and sexual pleasure.
I have been fighting these agencies since 1999, when I was illegally and retroactively charged with the Binsfeld Legislation. Because nobody would help me I started to save news articles regarding the wrongdoing and dysfunction in our family court - including child pornography.
I was harassed by these agencies for five years, resulting in my 11 year old son being locked up in a psychiatric hospital, drugged against his will and sexually tortured for 17 months after being locked in juvenile detention first for four months.
To add insult to injury, my child was placed on the sex offender registry and we were told that he would have to register quarterly for 25 years to life.
Because nobody would help me and we were running out of time to petition the court to remove my son from the SOR, I put our story on the internet. I also decided that if we had to shame ourselves by reporting quarterly to the sheriff's department then I was going to humiliate these people as well.
I went on our local message boards ( Chain O' Lakes Internet) and unloaded my evidence in a thread I titled Torture Called Treatment. My thread was eventually removed. I called COLI to find out why and was told that it was offensive.
I started a new thread called Freedom Of Speech and posted some more information. I tried to retrieve some of the news articles regarding our corrupt local officials only to find that they have also been removed from the archives of the Traverse City Record Eagle.
As time went on, my original Torture Called Treatment thread was automatically archived and I was able to retrieve all of the information. I also posted the link again on my Freedom Of Speech thread where it remained for a few weeks before someone noticed and they shut down the message boards for good.
We have since filed a Federal Civil Rights lawsuit . Antrim County's most recent attack resulted in my family being illegally evicted last October.
We were given 72 hours to pack up 8 years of living. We were forced to leave behind possessions and a big mess.
There have been stories going back for years regarding the sexual abuse of state wards by their state payed captors in the area but nothing has ever been investigated in any meaningful way.
I have included a couple of cases that have been verified. My email to the governor's office clearly gave them more than adequate evidence to speak with the victim.
The recent arrest of Jere Clark speaks for itself. The victim can easily be contacted.
There are also rumors of underground sex rooms and tunnels under the old Antrim County courthouse and Bellaire Bar.
I have also included information regarding the murder of my hero Senator Nancy Schaeffer who lost her life trying to hp these poor kids.
This is just a small portion of the information available.
God Bless the children and help us all in our fight against evil.
NOTE: Anytime Jim or Ben is mentioned it is referring to my son. Sandy is myself.
⦁ Operation Awareness
Medication Nation
Sierra Vista, owned by PSI Psychiatric Solutions, Inc.
Operation Awareness: Havenwyck Hospital program for youth sexual deviance
Havenwyck’s Impulse Disorder Program is a 26-bed licensed and secured residential program specifically designed for children and adolescents ages 11-17, with emotional and/or behavioral sex offending symptoms, which require them to be in a secure 24-hour supervised therapeutic sex offending setting.
Children and adolescents in the Impulse Disorder Program have been unable to function successfully at home, in school and in their social relationships. They are accepted into the program to develop a deeper understanding of themselves, their families, their sex offending problems; and to develop more healthy and adaptive behaviors. The youngsters attend Havenwyck’s state approved on-ground school.
The unique design of the residential program provides the most current “state-of-the-art” sex offender treatment techniques including; cognitive restructuring, relapse prevention, and covert desensitization therapies, as well as other innovative approaches.
Our objectives are to:
⦁ Provide sex offender treatment resulting in freedom from sexual deviant behaviors
⦁ Examine and modify patterns of deviant sexual arousal
⦁ Develop victim empathy and remorse for their actions
⦁ Develop an understanding of sexual offending as a mood-altering behavior
⦁ Establish more positive anger management techniques
⦁ Develop more social relationships skills
⦁ Assist the families in being vehicles for change
⦁ Discharge the individual to the least restrictive environment or home as soon as possible
The program facilitates a multi-disciplinary intensive sex offender treatment program which includes individual, group, psychopharmacology, family and activity therapies; as well as a variety of multi-disciplinary and substance abuse groups.
Eligibility Requirements
⦁ Children & Adolescents 11-17 years of age
⦁ Displaying sexually deviant behaviors
⦁ Sex offending behavior is beyond the scope of outpatient treatment
⦁ Adjudicated or non-adjudicated requiring a secure locked unit
FROM VICTIM TO PERPETRATOR TO VICTIM
WHY PREVENTION AND REAL TREATMENT SHOULD BE AMERICA’S FIRST PRIORITY TO STOP THE CYCLE AND END ABUSE.
This is an e-mail we received from a Mother living in Michigan. Only their names have been changed to protect their identities. Their story is a classic example of why the system is failing us all.
I’m writing to you regarding a situation involving my now 14 year old son, Ben. He was sexually abused at a young age and I had voluntarily placed him in treatment at age four because he was emotionally impaired as a result.
He also spent nine years in special education due to this impairment. This went well until his treatment was sabotaged by the CPS. This is important because the CPS built a case against my child over several years following this treatment.
Ben apparently was acting out sexually in the community and it was reported to the CPS.
Rather than notify me, Ben was repeatedly pulled from class and interrogated by the CPS. Since Ben was the one accused of wrongdoing, shouldn’t there have been a parent or attorney present?
In 2003 Ben touched his cousin through her underwear and threatened to kill her if she told anyone. Ben was barely 10 and my niece was 11. We didn’t find out about it until January 2004 and immediately sought counseling for Ben.
The juvenile justice/ CPS worker and the prosecutor told us that in order for the court to pay for the treatment, Ben would have to plead guilty to Second Degree CSC. They assured us that Ben’s record would be expunged when he turned 18 if he successfully completed treatment and stayed out of trouble. They also told us that it wasn’t necessary for Ben to have an attorney - we could have one - but it would only drag it out even longer.
Ben’s fingerprints, mug shot and DNA were taken.
As soon as Ben pled guilty, he was locked up in juvenile detention for four months before being sent to Havenwyck Psychiatric Hospital in Auburn Hills for 17 more months.
Havenwyck is a private hospital owned by Psychiatric Solutions Inc.
Medicaid wouldn’t pay for this treatment so Antrim County DHS, Probate Court and Community mental health picked up the tab. They made me pay child support and billed me weekly.
Ben was threatened by the juvenile justice worker that if he didn’t hurry up and finish treatment he would be sent to juvenile detention. She then felt the need to share with Ben that she used to be employed by Wackenhut and while working there, a group of boys dragged another boy into a room and sodomized him until his rectum fell out and he bled to death.
Treatment at Havenwyck involves torture and experimental behavior modification techniques.
Covert Taping - Ben was made to write a healthy script and a deviant script. These he read aloud into a tape recorder. When he became aroused, he had to break open an ammonia capsule and inhale deeply. Staff members listened to these tapes to make sure that he choked. That meant that he was doing it properly. Ben suffered horrible nosebleeds for months after he came home.
Plethysmographs - This is a test where the older boys were taken out of the facility. A ring with sensors is placed over the boys penis and they are shown sexually graphic material. Ben was too young to do this, but went out of the facility with two other boys and a staff member to act as chaperone.
This was necessary because a staff member named Mr. Ari was accused by a gay black boy of engaging in oral and anal sex with him in the bathroom of the facility where they do the plethysmographs.
This happened before Ben got to Havenwyck, yet Ben met Mr. Ari. That was because he was still working on the unit. He was transferred to another unit and eventually let go, but as far as Ben knows this was never investigated by the state.
Most of the boys in Havenwyck are wards of the state. Since Medicaid won’t pay for this, who is paying who?
Ben successfully completed treatment in January 2004. He was home for nine days when the juvenile justice worker called to inform me that Ben had to register as a sex offender by the next day or he’d be in trouble.
This was the first time we were informed that Ben would have to do this. Otherwise we would have had an attorney and never would have agreed to their deal.
We complied and tried to get on with our lives. There was never any documentation regarding the rules that Ben is supposed to follow.
The day that Florida Governor Jeb Bush deemed ammonia capsules to be torture, Ben was released from his strict probation without a hearing. The court order said nothing about him having to register quarterly for the rest of his life.
We have been trying to pick up the pieces and go on.
However on May 17, 2007 the state police showed up at our home and “apprehended” Ben for failing to register quarterly since he came home more than a year earlier.
The state trooper was confused by all of this and believed me when I told him that that was the first that I’d heard that Ben had to register. I have no documentation from Antrim County regarding the rules Ben is supposed to follow.
According to the paperwork the trooper showed me, Ben’s DNA isn’t on file. Antrim County took a cheek swab, so where is my child’s DNA?
There was also confusion as to why my son was sentenced so harshly.The only thing the trooper could think of was the fact that my niece was under the age of 13. She was 11 and Ben was 10 at the time of the incident.
The trooper then proceeded to take Ben’s palm prints on the trunk of his car in front of everyone. We live by the school and there was much traffic that day. He also went over the radio with Ben’s name, our address and failure to register CSC. Great .Even though Ben is only 14, he seems to have forfeited his right to privacy.
The trooper said he was going to write and fax his report to Antrim County that day because he wanted to clear up the confusion about the matter.
I waited for several weeks for Antrim County to contact me. We only had until July 15 to get him registered. When I didn’t hear from them, I called the trooper. He said that he specifically attached a memo for them to contact me as soon as possible.
He called Antrim County and they told him that prosecutor Mark Fett was going to look into this and would call me. He did, and I tried to ask him questions as to how and why this happened and how we were supposed to comply if we aren’t told what to do. He also told me that Antrim County decided not to press charges.
I asked about appealing my son’s conviction and he informed me that I would have to hire my own attorney. Unfortunately I can’t afford one.
Because I questioned this matter, Mr. Fett got very angry with me and he screamed at me, “I’m telling you now-Register your kid!” He then slammed the phone down in my ear.
I wanted Ben to be charged because we then could have had an attorney look at his case.
From what I have been able to figure out, Ben is subject to the Adam Walsh Act of 2007.
Since he committed his offense in 2003 at age 10, I don’t understand how this can possibly pertain to him. My father is a convicted sex offender, yet he doesn’t have to register because his crime was committed before there was a sex offender registry.
I feel that the CPS was building a case against Ben for years since his past behavior was a deciding factor in the decision to prosecute rather than help the kid.
My main questions are as follows :
1. Havenwyck was the only facility that would even take Ben because he was so young (barely 11) . Why was he sent there, especially since it is experimental? Ben’s therapist made reference to Pavlov’s dogs in open court and stated that the program had been in existence for less than 10 years.
2. Since the California Court of Appeals ruled last year that plethysmographs are “Orwellian” in nature, why are they using them on children who are wards of the state?
3. Why was Ben questioned repeatedly by the CPS without a parent or lawyer present while an elementary school student, then charged with a crime at a later date?
4. Is it legal to use ammonia capsules on children?
5. Why did the judge allow us to proceed without an attorney when there was going to be lifelong repercussions? It’s not fair that my child’s life is ruined because I made a bad decision.
Time is running out for us. We only have three years to file suit in Michigan and its already been more than 2 years. Are there any attorneys willing to take cases if the state is involved?
Ben never recieved the help he needed for being a victim of sexual abuse. Instead he was treated like some kind of monster and had his life ruined by people who should be helping kids.
Special thanks to “W” for allowing us to share her story. Unfortunately, their story is one that gets repeated over and over again in this country. When parents try and do the right thing and get their children help they find out that their’s and their child’s life is forever turned upside down and the child NEVER gets the help he or she needs. So, the cycle continues and many lives needlessly get destroyed in the process.
ShareThis
© 2008 Medication Nation
⦁ Branded For Life
Custom Search Control
Web
Home Advertise Editorial Listings Hot Dates Contact Us
About Us Send a Press Release
Editorials Features I Letters I Dining I Music I Random Thoughts I Other Opinions I Region Watch I Books I Art I Modern Rock
Listings Classifieds I Personals I Hot Dates I Nightlife I Dining Guide I Best Of Northern Michigan
Other Links Northern Seen I Movies I TV I Weather I Business News I ESPN.com
Editorial: Features
send a letter to the editor
view archived features
Branded for life
Anne Stanton
Branded for Life
Anne Stanton 3/23/09
This is the last in a series of articles on sex offenders. This week, the Express focuses on the sex offender registry, which publicly lists convicted sex offenders on the Internet.
--------------------------------------------------
Jim is not proud of the fact that five years ago he inappropriately touched his cousin on the outside of her underwear. He had just turned 10 and his cousin was 11. He then threatened to kill her if she told anyone.
His cousin was deeply upset by the experience and still refuses to talk to him. He doesn’t blame her.
Yet Jim, 15, -- whose name has been changed for this article -- has decided to talk publicly about the crime because he was in the fourth grade when it happened. When he turns 18, his name will appear on the public sex offender registry for the rest of his life. The sex offender registry does not reflect when a sex crime was committed. “So anyone looking at this when I’m an adult will think I was a pervert adult having sex with an 11-year-old,” he said.
His case is extreme, but here is the reality for all juveniles: if a youth is convicted or pleads to criminal sexual assault in the first or second degree, he or she will end up on the public sex offender registry list for 25 years, or even for life — long after the youth has completed probation or served his or her sentence.
If convicted of a lesser sex offense, the juvenile will be on a sex offender registry that is not public, but available to police and other authorities.
The judge has no choice. The sex offender registry is mandatory for all ages.
RAMIFICATIONS
The consequences for Jim is grave. A convicted sex offender is not allowed to adopt children. He cannot be involved in his children’s school or extracurricular activities.
A juvenile convicted of a sex crime is not allowed to participate on a school sports team. He must notify college officials if he’s on a sex registry, jeopardizing his chance of getting into the college. Sex offenders are often denied entrance into the military. A registered sex offender cannot become a police officer, teacher, coach, or work with children. Some employers would naturally feel uncomfortable hiring a registered sex offender. Neighbors definitely don’t feel good about having a sex offender living on their street.
If a sex offender fails to register, he can be imprisoned for a felony.
Yet a sex offender might have been guilty of a “Romeo and Juliet” affair in which both partners consensually had sex, but were under the legal age of consent, which is 16. In one survey, nearly 40 percent of Michigan tenth graders said they had sexual intercourse for the first time before age 16. That statistic was included in a 2007 Michigan Youth Risk Behavior Survey in which students voluntarily and anonymously answered survey questions.
So given that consensual – albeit illegal, sexual activity – is fairly common, prosecution is actually rare. It depends on two things: the zeal of the county prosecutor and whether a parent wants to pursue prosecution.
“The problem is we’re lumping all the kids with the worst of the worst sex offenders,” said Traverse City attorney Jim Aprea, who frequently defends juveniles. “The public doesn’t know what they’re looking at when they call up the state’s sex offender website. It describes the conviction, but certainly not the circumstances or the age of the offender when it was committed.
“This kid (Jim) will show up on the registry for his entire lifetime for something he did when he was 10 years old. That’s just absurd. I haven’t seen a case like this involving a kid that young. I just haven’t seen it, and the whole thing troubles me. It might be a good test case—a challenge all the way to the Supreme Court on the sex offender registration. To me, the facts are outrageous and this poor kid is a prime example of the inequities in the statute.”
JIM’S STORY
Jim transfered to a new school where he now gets good grades, studies cello, performs in plays, and has a lot of friends. He has a close relationship with his mom and holds a steady job at a restaurant. But life wasn’t always this good. Although he was intelligent, learning how to read at the age of four, he was also lonely, angry and often violent.
Jim got a rough start in life. His mother Sandy (not her real name) said she was a serious alcoholic who fought bitterly and often with her son’s father. One afternoon, she drove her station wagon into him, squishing his leg between her car and an old Malibu. Sandy went to jail and rehab over a period of seven months. Meanwhile, Jim, who was two-and-a-half years old, stayed with his dad. When Sandy finally collected him, he stood filthy in the driveway with a few clothes shoved into a garbage bag. Jim never saw his dad again.
Jim said his memory of that time is fuzzy, but he remembers being scared all the time. “He had a bunch of drinking buddies, and they’d get really drunk on the weekends and thought it would be a good idea to mess with all four of us (Jim and his three stepsisters) in another room.”
Sandy became alarmed by his discussion of sex acts, so she took him to Child Protective Services. The CPS worker was afraid an exam would traumatize the three-year-old. He received counseling at the Northwest Child Guidance Center until the age of six, but then funding for therapy was cut off without explanation. When he was in kindergarten, he played ‘doctor’ with the other kids. Later in grade school, nobody wanted him in the Boy Scout troop. He touched a boy on an overnight stay. Child Protective Services workers came into the school to talk to him, but Sandy said she didn’t learn the specific complaints until much later.
The mother of the abused cousin, said that her sister, Sandy, never drank again after rehab in 1995: “If she would have drank, she would have been as big a mess as before.” But Sandy’s past has haunted her when it comes to how authorities treat her.
Indeed Sandy is a fireplug, and doesn’t mince words. Her conversation is often hard to track because she goes off on tangents. Although she’s never broken the law since her assault with a car, Sandy fears that people haven’t treated her son very well because of her own past.
THE PLEA
Jim was 10 1/2 when he touched his 11-year-old cousin. The girl didn’t tell her mother until seven months later, when it was reported immediately to the police chief who had been mentoring Jim. Jim was questioned by police without an attorney (not uncommon in these cases). He eventually admitted what he’d done. The case went to Antrim County Assistant Prosecutor Mark Fett, who charged Jim with a criminal sexual conduct, second degree (CSC 2). It’s the second highest sex offense and was due to the victim’s age and the threat of violence.
Sandy met briefly with Fett, but most of her conversations were with the court administrator William Hefferan. She claims that he never told her that a guilty plea would mean that Jim would go on the public sex offender registry. Hefferan said he can’t remember whether he told her that or not.
“I can’t assure that every time someone pleads to a CSC, I tell them this is a 25-year registerable offense,” Hefferan said.
The sex registry was not cited in the plea agreement but was included in the ajudication (Jim’s sentence). Sandy missed it.
Sandy quickly agreed to the plea to CSC two without a lawyer. She remembers being told that a plea would expedite the process, which was important to her. She couldn’t have her younger child reinstated in her home until her son was removed. Secondly, she believed a plea was the only way to get her son state-funded counseling and residential treatment, which she could not afford. (She still owes $12,038 to the county).
VICTIMIZED
But the plea bargain was no bargain, Aprea said.
“Most prosecutors want to achieve relative justice without a trial. But there’s nothing worse than a charge of CSC one or two. In this case, the boy pled exactly to what he was charged with. Yes, he made a threat, but a threat coming from a 10-year-old is a lot different than a threat coming from a 15-year-old or an adult. That kid was victimized by the system.”
Immediately after Sandy signed the adjudication papers in April of 2004, Jim, 11, was taken to a lockdown wing at the Muskegon River Youth Home where he was given an orange uniform to wear.
A juvenile justice worker visited him and told him that if he didn’t hurry up and finish treatment he would be sent to Wackenhut (a youth prison), where, he said, a group of boys dragged another boy into a room and sodomized him until his rectum fell out and he bled to death.
Jim was shaken, hearing about sodomy for the first time. He stayed in Muskegon until August, when a space opened up at Havenwyck Psychiatric Hospital in Auburn Hills for which the minimum age was 11.
He began a sexual aversion therapy, which involved sniffing three ammonia pills after listening to a story of a deviant sex act.
NO PLACE FOR A CHILD
Jim said he has mixed feelings about his treatment. He felt that without intervention he might have become a serial molester. Now a very articulate and pleasant young man, he feels like a success case. But he believes that Havenwyck is no place for a child. He attended group therapy sessions with men who were as old as 19. “If you weren’t bad, you’d know how to be bad now.”
“I worked hard to reach the ‘top level’ in my treatment. I really wanted out of there,” he said.
“They smash you down to nothing and then you rebuild yourself. It gets rid of a lot of negative behavior, but it gets rid of everything. I was an empty shell.
“After I got out, I had no social skills,” Jim said. “For two years, I wasn’t allowed to talk to girls. When I got out, my age group was largely different than me. I cried a lot.”
“… When I got back to high school, I was treated like a sex offender even though I’d just gone through one-and-a-half years of treatment. I wasn’t allowed to participate in gym or use the bathroom. They wanted me to use the teacher’s bathroom, and I didn’t want to be embarrassed, so I just held it all day.”
The same kids who picked on him before picked on him again, so he transferred to his current school. The group of kids at the new school is small; they know his history and respect him; so Jim, who recently broke up with his girlfriend, said he believes this article won’t affect their opinion of him.
BAD NEWS
Jim was home for nine days in January of 2006, when the juvenile justice worker called to inform Sandy that she had only until the next day to get her son registered as a sex offender.
“This was the first I’d heard of such a thing. When I questioned her, she said that she could tell the judge, ‘Oops, my bad!’ but it probably wouldn’t do Jim any good.”
Sandy thought she had to only register her son once. That is until May of 2007, when the Michigan State Police showed up at the house and said he’d have to register quarterly. They took his prints on the trunk of a police cruiser while kids, across the street, were in a football practice.
“We live across the street from the school and they were broadcasting Jim’s name and our address on the scanner. ‘We’re contacting Jim for his failure to register as a sex offender.’ Everyone with a scanner knows now,” Sandy said.
Since then, Sandy has confronted the reality of the sex offender registry. The law regarding juveniles is so vague, it was hard for the Express to get clear-cut answers to such questions from professionals: How long will Jim remain on the sex offender registry after becoming an adult (conflicting answers of 25 years and lifetime)? Even if Jim had the crime expunged, does he still have to register on the sex offender registry (yes, but it’s a start)? How often does he have to register as a juvenile (conflicting answers)?
When Sandy called assistant prosecutor Mark Fett with questions, she says he screamed at her -- “I’m telling you now. Register your kid!” -- and slammed down the phone. Fett did not return a call for comment.
Is There a Better Way?
Michigan has the third largest sex offender registry in the nation—at least it did in 2004 when there were 33,000 people. Today there are 43,964.
“The registry’s growth might falsely indicate to people outside of the state that Michigan is teeming with child molesters and rapists …. ,” reads a 2004 legislative analysis of a bill written by Julie Koval.
Some other states take a more nuanced approach to sex offender registration, and do not require juveniles under a certain age to register, and others do not require that juveniles register at all.
“When working with juvenile sex offenders, the focus should be on rehabilitation to help them stop their abusive behaviors. Adolescence is often a difficult time for many young people; publicly labeling them as dangerous criminals can have devastating effects as they try to develop their identities,” she wrote.
Professionals specializing in the field—counselors Barb Cross and John Ulrich to Todd Heller, a “computer cop” who snags sex offenders, and Noelle Moeggenberg who prosecutes them, all agree: A judge needs discretion on whether to put a juvenile on a public sex offender registry.
“I never take any sexual offense lightly, however, 10-year-old children can and do engage in youthful experimentation, exploring their own bodies and the bodies of their playmates. It’s not acceptable, but it’s far, far different than predatory behavior,” said Kenneth Tacoma, chief probate and family division judge of the 28th circuit court in Wexford County.
A DIFFERENCE
Therapist Barb Cross said there’s a lot of difference between a one-time offender versus a teenage boy who molests multiple times. “These two should not be treated the same.”
The way the system is set up, the prosecutor—not the judge—determines a child’s fate, Tacoma said.
Kalkaska County Prosecutor Brian Donnelly said there might be room for discretion within narrow confines, but he believes the public sex offender registry makes sense.
“I’m a believer that once this kid has demonstrated he’s capable of this, we place him in a different class as the rest of us. Harsh as it may be, I like the system. We as a society have already discovered that it’s very dangerous not to know when a sex offender is moving about us. There’s not much worse than talking to parents of a kid who was molested by a kid. I’ve been in that position. The look of shock and horror and disbelief on the faces of parents when they find this out. ‘What? This kid who moved in next door, this kid who is a babysitter, and now my little junior must have years of therapy.’
“The thing I’ve come to realize about sex offenders, particularly those who molest children is they are, by nature, liars. They carry on for years unknown. They masquerade as normal people and pull it off. They’re good at fooling everybody. That’s a common characteristic. And that’s how they gain opportunity with kids.”
Professionals point out that if you sexually abuse someone as a child, chances are very high that you yourself were abused. But what society doesn’t know is, if you were sexually abused as a child, what is the chance that you will go onto abuse someone? One study followed convicted juveniles for five years, and discovered a very low percentage of the kids were convicted of another crime. But critics say that five years wasn’t long enough.
John Ulrich, a counselor who treats sex offenders, said that a new problem has cropped up with the sex offender registry; some parents have become reluctant to get counseling for their kids. That’s because a therapist is mandated to report any sexually illegal behavior to police; a conviction could mean a permanent place on a public or private sex offender registry.
“In the past, I’ve persuaded people to take CSC convictions to get their child into residential treatment. It was a standard in the field to do it.”
Would you do it now?
“I’m grieved that it’s a problem that we have to make our children registered sex offenders in order to get help. I’m much more aware of the lifelong impact on the child. But on the other hand, their risk of being convicted of another sex offense more than doubles if they don’t get treatment.”
HOPE FOR JIM?
Does Jim, the ten-year-old convicted of a CSC two have any way of getting off the public sex offender registry?
His mom, Sandy, has told her story to anyone who would listen: the ACLU, the state attorney general, the governor, attorneys, and media. She gets legal advice from an online free service called e-advocate. Sandy furiously objected to her son’s confinement at Havenwyck Psychiatric Hospital, believing kids shouldn’t mingle with older youth and adults. She believes her son needed therapy, but was, in fact, “tortured” with ammonia pills that burn nostrils and cause nosebleeds. She notes that former Florida Governor Jeb Bush deemed the use of ammonia capsules to be torture and signed a bill banning its use by juveniles. She alleged that North Country Community Mental Health, which oversaw his treatment, failed to ensure that the assigned treatment suited her son’s condition. Her allegation was substantiated, and the agency amended its procedures in July of 2008.
But what about the sex offender registry?
A juvenile can petition the court to shorten the registry period, but the defendant must have been between the ages of 13 and 17 when it happened, and there cannot be more than a three year age spread than the victim and offender, Traverse City attorney Jim Aprea said.
Since Jim was 10, he is not eligible.
Aprea recommended that Sandy go to a state appellate defender, who might take on the case. Jim could petition the court to vacate the conviction based on the fact he didn’t know the full ramifications of his admission to guilt, he said.
“There are a lot of steps, it would take a lot of work. The odds of achieving the desired results are fairly low. But there’s a lot at stake,” Aprea said.
The mother of the girl who was touched, said that what Jim did was wrong and unacceptable; her daughter still wants an apology. But she also believes that Jim should not be on the public sex offender registry for life.
“He was 10 years old and he needed help. He wasn’t given help; he was punished. I don’t think juveniles should be placed in the same sex offender registry as adults. The whole thing needs to be revamped,” said the mom.
⦁ Torture Called Treatment
The following is from our local message bords at
upnorthlive.com, which were deleted as a result of this thread by my mother:
Government/Politics
Topic: Re: Torture Called Treatment -- Antrim County
Upnorthlife.com Forums
Page 1 of 5 (75 items) 1 2 3 4 5 »
--------------------------------------------------------------------------------
Posted by windex on 12-30-2008 10:23 PM
What if I were to tell you that there is a place in our great state where adults lock up children as young as 11, force feed them mind altering substances, show them pornography and have them masturbate? Would this be considered a crime?
Actually, this is your hard earned tax dollars at work. This is Psychiatric Solutions Inc's treatment for sexually deviant youth. My then 11 year old son had the privledge of experiencing this first hand for 17 months.
A couple websites have picked up our story. It seems that people tend to get raped or die at an alarming rate at their facilities and Psychiatric Solutions is currently under investigation by the Department of Justice. Please check out the links on the Medication Nation page for details.
It has been determined by North Country CMH Recipient Rights that my son's rights were violated. It seems that a director at CMH and the juvenile justice worker skipped the Human Rights Committee and the Behavior Management Committee in order to funnel tax dollars through their agencies. Instead of an apology, I have been sent a bill for $12,038 - my portion of my son's treatment.
I have reported all of this to several mandatory reporters, but it has become quite evident that nobody cares what abuse occurs once the kids are wards of the state. I have apprised the Antrim County Commission of the situation in 2006 and again in the recent past. Their silence speaks volumes.
Who does one go to when the law is the problem? No attorney will help pro-bono and I can't even afford to be alive, let alone have thousands of dollars for a private attorney.
We were coerced into a guilty plea to free up funding for the treatment. We were lied to about the outcome of a guilty plea. Now, my son is being made to register quarterly as a sex offender for something he did at age 10 for the next 25 years. This isn't what is required by law, but Antrim County screwed something up and would rather ruin our lives than admit a mistake.The law requires that he register once, then not again until he's 18 unless he changes address. Because we were tricked into not taking an attorney, here we are. The humiliation and shame we are forced to endure each time has become unbearable. But , the onus is on us.
Anyone reading this that is in a position to do something, would you? Please? I would like to gather other horror stories. I know there have to be more because I get the impression what was done to us is just business as usual.
Please read the Myspace page written by kids who survived Havenwyck. It seems like it doesn't take much to land a kid in that warehouse. Perhaps the profitability has something to do with the reluctance to investigate. Wherever would they put those kids?
--------------------------------------------------------------------------------
Posted by radac1 on 12-31-2008 5:24 AM
THIS LINK IS FOR PRO-BONO LAWYERS IN ANTRIM COUNTY:
GO BIG OR GO HOME...THIS LINK IS FOR THE ACLU:
GOT ABSOLUTE PROOF OF CRIMINAL MISCONDUCT:
If you have absolute proof of misconduct or criminal action the sky is the limit on how much hell you can raise.
Question is...do you have the internal fortitude to take this to the limit?
--------------------------------------------------------------------------------
Posted by windex on 12-31-2008 6:26 AM
Thanks for the advice. Legal Aid won't help and neither will the ACLU. They don't want to associate themselves with sex offender issues.
The local press won't help either. Last year when court referee Cynthia Conlin's home was raided by the state police because her husband had thousands of images of three and four year old children in sexual situations as well as marijuana, she was only mentioned by name once,with little news coverage. The rest of the time she was referred to as a "court employee." She said she didn't know and passed her drug test, no problems for her.
Although possession of kiddie porn is a mandatory three years in prison, he was allowed to plead guilty of possessing child abusive material and got a year in the county jail. My child was locked up for 21 months.
Also, if any other woman was in that situation she would be arrested along with her husband and her children would go to foster care. The court would never buy the excuse that a mother doesn't know what was happening in her own home.
I have also considered picketing the courthouse, but I don't want to get strapped down and tased until my bones break. It would be hard to type with casts on my arms.
If you think I'm kidding, check this out.
08/05/2007
Week in Review
ANTRIM
Jail taser incident spurs lawsuit
TRAVERSE CITY — A Traverse City woman is suing three Antrim County corrections officers after she was allegedly shocked with a Taser while physically restrained at the county jail.
Roxanne Roush-Dean was strapped into a restraint chair in a cell at the jail when corrections officer Kim Murray shocked her with a Taser in December 2005, according to a lawsuit filed July 23 in U.S. District Court.
The shock caused Dean to convulse against the restraints, which broke her right wrist and left several severe bruises, the suit alleged.
The three-count action alleges corrections officers Bonnie Paige and Mark Kucharek "had the opportunity to stop Defendant Murray from tasering (Dean) but failed to do so.
Christopher Cooke, a Traverse City lawyer representing the officers, acknowledged that an officer shocked Dean one time, but said it was in response to Dean's verbal and physical attacks.
Dean was arrested in Traverse City and taken to the Antrim jail in Bellaire on a two-count fugitive misdemeanor warrant for false report of a misdemeanor and criminal enterprises conspiracy.
--------------------------------------------------------------------------------
Posted by radac1 on 01-01-2009 5:59 AM
The local press are WIMPS...they like to post police reports thinking that someone elses misfortune is their financial gain. If you ever break down written word to advertising word...your paying for an advertisement sold as news. But my thought is that if you wrote an 'opinion letter' by all designs you MAY get it in the newspaper. They only publish what they seem 'fit' in their everknowing dont rankle the locals attitude.
But here is a sure way to get the word out and notch it up a bit. They may possibly accept a 'flyer' type sheet as an insert. I am sure that if you decided to sell a penny for five cents you are actually selling something...of course this means that they are getting a rotten deal but once you have made your sales pitch..i am sure that any words you put on it would be valid.
I would word it very carefully...like i did here...at first glance..i am getting you information...the subliminal message is that the local newspapers suck....lol.
Now back to the pro-bono lawyers....if you called them on the phone..your not going to get far..they are pro-bono..it doesnt show intense interest. If you were to go down there with a plan..then you may get somewhere. You have to show proof and tell them....this is my problem...here is my proof...and this is the goal i want to achieve. Show them that you have a plan and the reason why they are needed is because you need the correct avenue to rectify the case by taking it to court.
The last and most extreme option is to appeal to the Governor for a pardon. Your timing may be fairly good as she is leaving office.
If you write a letter to the governor and then write to the Lansing press they may take a slight interest and ask the Governors office about this inquiry. Honestly...i think its an interesting issue.
--------------------------------------------------------------------------------
Posted by windex on 01-01-2009 10:45 AM
The prosecutor in this news story is the judge who did this to my child. He is also the person in charge of our county's most vulnerable citizens - our children, mentally impaired and elderly.
He has friends in high places.
TOBIAS CASE
Debra Parmentier
Botches follow botches
Error-strewn case costs millions
February 23 - 25, 2003
By MIKE NORTON
Record-Eagle staff writer
GAYLORD - It began with a mystery that has never been solved and a question that has never been satisfactorily answered.
On a winter morning in 1986, the frozen body of 31-year-old oilfield worker Jerry Tobias was discovered in the back of his pickup truck on a quiet Gaylord street. There was blood on his body, and it appeared his hands had been bound with a pair of jumper cables. At an autopsy performed the next day, the Otsego County medical examiner decided Tobias had been struck in the head by a blunt instrument of some kind.
The police wasted no time in pursuing the incident. Before the week was out, they raided a butcher shop owned by Waters resident Laurie Moore and seized a metal skewer used for roasting chicken, which the medical examiner identified as the probable murder weapon. Moore was arrested in what the authorities began calling "a drug deal gone wrong."
But instead of solving the mystery of Jerry Tobias' death, the arrest of Laurie Moore was only the beginning of a 17-year ordeal that deepened the confusion.
Since 1986, the Tobias case has absorbed millions of taxpayer dollars. Suspects were arrested, prosecuted and jailed, only to be freed when the evidence against them turned out to have been fabricated. Police and prosecutors have been accused of serious violations of ethics. And the case itself remains a convoluted web of official misconduct, perjury and outright craziness.
At the center of that web is the strange and enigmatic figure of Debra Parmentier, also known as Debra Herrick or Brieanna Herrick, the witness whose testimony eventually sent four men to prison for the Tobias murder, and who disappeared into the Utah desert in 1995 after confessing that it had all been an elaborate lie. Parmentier was arrested in January by federal agents near Salt Lake City before being brought back to Gaylord earlier this month to face perjury charges.
If it can be believed, her testimony may finally answer some of the most troubling questions about the behavior of police and prosecutors who allegedly encouraged her perjury, intimidated other witnesses and withheld or destroyed evidence that contradicted her story.
But it may never answer the central question: Who, if anyone, killed Jerry Tobias?
Police were certain they knew the answer to that question in 1986. They had long suspected the existence of a drug ring that was using the Gaylord area as a central distribution point for large amounts of cocaine and other illegal drugs, and they were certain Moore had killed Tobias during a drug-related disagreement. Those suspicions seemed confirmed when laboratory tests showed a large amount of cocaine in Tobias' body.
Second-degree murder charges were filed against Moore by Otsego County Prosecutor Norman Hayes, who had known Moore from high school. In fact, Moore had married Hayes' former girlfriend, a fact that was later stressed by defense attorneys in the case.
That is when Debra Parmentier first entered the picture - although no one paid much attention at the time. About a month after Moore's arrest, Parmentier met with an investigator from the prosecutor's office and told him that she had witnessed the murder and could implicate several other people in the killing. She also told a series of wild stories about international drug smuggling, gun-running and the theft of weapons from the Michigan National Guard armory at Camp Grayling.
The investigator decided Parmentier's testimony was unbelievable, especially after seeing psychological evaluations that showed she had a history of lying and of mental illness. Her story was ignored.
It didn't seem necessary, anyway. In November of 1987, Laurie Moore was convicted of involuntary manslaughter before Cheboygan Circuit Judge Robert Livo - even though defense attorney Dean Robb tried to argue that Tobias had simply frozen to death after passing out from a drug overdose. Moore was sentenced to seven to 15 years in prison.
Case closed? Not really.
Three months later, four jurors in the case announced that they wished to change their votes. They revealed that 10 members of the 12-member jury had wanted to acquit Moore and had only gone along with a guilty verdict after they were falsely informed that a hung jury would harm Moore's chances for a new trial. It was the first sign that something was seriously wrong about the entire Tobias case, and would eventually lead to Moore's release from prison in 1991.
But in the meantime, investigators were once again listening to Debra Parmentier, who told them that she and another woman named Sherry Payton had actually been in Moore's butcher shop and had seen the murder. She implicated Moore's brother Walter "Terry" Moore and two other local men, Mark Canter and Donald Heistand, as participants in the killing. She also said a fourth man, Doug Brinkman, helped them load Tobias into the back of the pickup.
Police immediately took Parmentier into protective custody and had her make taped telephone calls to Terry Moore in an unsuccessful attempt to provoke him into revealing information about the case. In April of 1988, relying almost entirely on Parmentier's statements, Hayes filed charges against Terry Moore, Canter, Heistand and Brinkman. As police said at the time, none of the four "were Boy Scouts," and the announcement met with little surprise.
Terry Moore was convicted of second-degree murder - even though defense attorney Michael Hackett produced evidence that Parmentier had a history of mental instability and lying. Several months later, Canter was convicted of aiding and abetting in the murder, entirely on the testimony of Parmentier and Sherry Payton. Both men were sentenced to life in prison. Heistand and Brinkman, offered a chance at reduced sentences, confessed to lesser charges.
And that, it seemed, was the end of the story. A dangerous crew of murderous drug dealers and thugs had been put away, thanks to the efforts of hard-working police, an aggressive prosecutor and a courageous public-spirited witness. Now at last, the case could really be closed.
Instead, it slowly began to unravel.
Since Terry Moore was out of money and no local lawyers were interested in taking his case, the court appointed former Grand Traverse County prosecutor Stuart Hubbell to handle his appeal. Hubbell, a shrewd and well-connected attorney, immediately smelled a rat. He began talking to Gaylord attorney Ray MacNeil, who was representing Canter, and they were able to persuade the Michigan Attorney General's office to investigate the case.
The attorneys' investigation led them to prosecution witness Sherry Payton, who had begun having second thoughts about her testimony. She told them that she had never seen any murder, but had been forced to corroborate Debra Parmentier's story by a Michigan State Police officer who told her she would go to jail and never see her newborn baby if she refused to go along.
Armed with Payton's new testimony, the state Court of Appeals ordered Judge Alton Davis to consider possible new evidence in the Canter case, but after several days of testimony, Davis decided there was not enough new evidence to justify a new trial.
Meanwhile, prosecutor Hayes decided to look for a new job. In November of 1990 he was elected to the newly created second judgeship in the 87th District Court.
In March of 1991, Laurie Moore's original conviction was overturned by the Court of Appeals, which ruled that Judge Robert Livo's instructions to the jury were incorrect. One member of the three-judge panel went even farther; he issued a scathing denunciation of police - and of Hayes in particular - charging the newly elected judge with "severe and reprehensible prosecutorial misconduct" and of pursuing Moore in a spirit of personal vindictiveness.
Hayes had known Moore from high school. In fact, Moore had married Hayes' former girlfriend.
Finally, after three years behind bars, Laurie Moore was a free man. So were Douglas Brinkman and Donald Heistand, who had served their sentences and were back on the street.
But Terry Moore and Mark Canter were still in prison, and their attorneys began redoubling efforts to have their convictions overturned. By early 1992, Hubbell persuaded the Michigan Supreme Court to appoint him as a "one-man grand jury" with unprecedented powers to gather information about the way police and prosecutors handled evidence in the case.
Hubbell, now joined by fellow Traverse City attorney J. Bruce Donaldson, immediately began to uncover more signs of wrongdoing. When the Court of Appeals ordered Canter's case returned to the circuit court - with specific instructions to find out if his rights had been violated - the whole sorry mess was exposed to public view. A box filled with evidence about Parmentier's instability and unreliability - evidence that had never been revealed to defense attorneys - was suddenly discovered at the state police post in Gaylord.
By this time Parmentier had moved to Utah, gotten married and changed her name to Debra (sometimes Brieanna) Herrick. Police found her and brought her back to Gaylord for a series of hearings in the summer of 1993. Although she refused to retract her story, parts of it began to look less and less believable.
Three of her former boyfriends, for instance, took the stand to testify that Parmentier had hired them to shoot into two homes where she was staying in order to boost her credibility and persuade police that her life was in danger.
Other facts emerged. She had committed crimes while under protective custody, faked her own kidnapping and carried on a sexual relationship with one of the officers assigned to guard her.
What's more, defense attorneys presented evidence showing that she had been "thoroughly coached" for her testimony by someone who provided her with court transcripts and newspaper clippings about the case.
And her former roommate, Cynthia Glesen Steele, revealed that Parmentier had actually been at home the night she was supposedly witnessing the Tobias murder. Steele said Parmentier later persuaded her to tell police she was gone that weekend, and even had her change her diary to reflect the official story.
Unfortunately for Canter and Moore, the hearings ended suddenly when the presiding judge was overheard making a derogatory remark about one of the witnesses. They resumed again in February 1994, but were almost immediately suspended again when Hubbell developed serious health problems.
By May, however, Judge Porter agreed to consolidate Canter's and Moore's appeals into a single case. In June he ordered Parmentier arrested on perjury charges.
Debra Parmentier still had a trick or two up her sleeve. In March of 1995, she jumped bond and disappeared from view, leaving behind a 129-page statement in which she recanted most of her previous testimony, admitted that she had lied and said she had been extensively coached by police.
Moreover, she said, the police themselves threatened her with prosecution when she tried to retract her earlier statements. She said that police said she might find herself being prosecuted for the Tobias death, which police had labeled a "drug deal gone wrong."
The damage to the prosecution's case was impossible to ignore. In January 1996 former 46th Circuit Court Judge William Porter ordered new trials for Mark Canter and Walter "Terry" Moore, whose brother Laurie earlier was convicted and later exonerated in the Tobias death. Two days later, after spending eight years behind bars, Canter and Terry Moore were released from prison to await a decision from prosecutor Norman Hayes' successor, Kevin Hesselink.
Hesselink tried to bring charges against the two a second time, but the court ruled that Parmentier's testimony was no longer admissible and the charges were dismissed once and for all.
But the aftershocks weren't over. In 1999, Terry Moore and Canter filed a civil suit against Otsego County, the State of Michigan, a number of state police officers (Lt. John Hardy, Sgt. Fred LaBarge, Detective Sgt. Douglas Wilt, Trooper Kenneth Bur and Detective Sgt. Carl Goeman) and private investigator Charles Rettstadt, who were involved in gathering the evidence that was used against them.
Last year the county agreed to pay Canter and Moore $2.75 million in compensation in an out-of-court settlement, and they received another $1.25 million from the State of Michigan.
Donald Heistand, who served 25 months of a three- to five-year sentence for aiding and abetting the murder and now lives in the Detroit area, has a similar case pending in federal court. In his suit, he says police coerced him into entering a no contest plea to the Tobias murder.
Doug Brinkman, who allegedly helped dispose of the body, never managed to stay permanently out of trouble and is back behind bars on a parole violation.
Many of the police investigators involved in the case have retired by now.
Defense attorney Bruce Donaldson died in 1998, and an aging Stuart Hubbell has passed much of the remaining work on the Tobias case to his son Daniel Hubbell.
Judge Hayes is still serving, now as a probate judge in Antrim County.
And prosecutor Kevin Hesselink said he remains convinced, in spite of everything, that the prosecution really did put the right men in prison and that they should still be there.
August 17, 2003
Silence Trumps Justice
Terry Moore asked the question a lot of people would like answered some 16 years, three murder trials, three overturned convictions and a slew of civil cases after the fact: "Why isn't the state going after them?"
The "them" Moore was referring to are the state police detectives and Otsego County law enforcement officials - including former prosecutor Norm Hayes -who took part in the shameful circus that was, and still is, the Jerry Tobias murder case.
The occasion was a hearing at which state attorney general officials and a judge accepted a guilty plea from Debra Parmentier, the star witness in the Tobias case, who was facing a host of perjury charges related to her testimony.
By accepting the plea, Attorney General Mike Cox effectively shut the door on what appears to be the last best chance that the truth, or some version of it at least, would come out.
There still remains a federal wrongful prosecution civil suit filed by Tobias defendant Donald Heistand at which Parmentier is scheduled to testify, but it's unlikely Parmentier will tell her story there.
Similar suits filed by Moore and fellow former defendant Mark Canter against state police detectives and the county were settled out of court, and there's no reason to believe that the Heistand case won't be, either.
Parmentier's guilty plea can be seen as an affirmation of the claims made by Moore and Canter, who spent nearly eight years in prison on murder charges before Parmentier's testimony against them was determined to be unreliable.
At the time, lawyers for the two men said Hayes, now Antrim County probate judge, and state police detectives coerced Parmentier into lying, withheld medical records concerning her and reports of criminal activity she was said to be involved in during the trials. A box full of Tobias case evidence that was never released to the defense team turned up at the Gaylord State Police post after the fact.
Hayes has always maintained he did nothing wrong, as have state police officers and Otsego County deputies. But Hayes has never testified in court about the case, and the suits against the state police and Otsego County were settled before they could get to trial.
The silence on the part of county and state officials about this case has been deafening. By settling the earlier cases out of court and, now, by accepting Parmentier's guilty plea without a trial, county and state officials have ensured that the silence would continue.
That's not justice.
People want to know if a former prosecutor withheld evidence and manipulated a witness. They want to know if state police detectives who had to believe Parmentier was lying never spoke up. They want to know why three men - Moore, Canter and Moore's brother, Laurie Moore - went to prison for murder only to be released. They want to know why Heistand and Doug Brinkman did time on lesser charges they now refute. They want some answers.
And somewhere, the family of Jerry Tobias, a 31-year-old oilfield worker, wants to know how he came to be found frozen in the back of his pickup truck in December of 1986, who did that to him and why those people aren't in prison.
Many, many questions. And, largely because county and state officials want it that way, very few answers.
Police/Prosecutor Misconduct
Truth in Justice
--------------------------------------------------------------------------------
Posted by radac1 on 01-02-2009 12:31 AM
Since Terry Moore was out of money and no local lawyers were interested in taking his case, the court appointed former Grand Traverse County prosecutor Stuart Hubbell to handle his appeal. Hubbell, a shrewd and well-connected attorney, immediately smelled a rat. He began talking to Gaylord attorney Ray MacNeil, who was representing Canter, and they were able to persuade the Michigan Attorney General's office to investigate the case.
Call Stuart Hubbell...tell you are interested in taking your case to the Michigan Attorney General's office and would he help?
if he doesnt....call the attorney general office and find out how to file a complaint.
Actually, filing a complaint with anybody who will accept it may turn enough heads that you arent going away. Just keep raising hell. File civil suits..go after the judge..go after the prosecuting attorney. As long as you dont violate the law yourself..the way i see it..you have nothing to lose. Every time you file a complaint call the Record Eagle...establish a contact and let them know how your proceeding...i wouldnt care what they thought if i knew i was in the right.
Todays question is: You gonna get pissed off or ya gonna start making moves?
--------------------------------------------------------------------------------
Posted by windex on 01-02-2009 6:26 AM
Antrim's probate court is under scrutiny
By KEITH MATHENY
Record-Eagle staff writer
BELLAIRE - Two state agencies, including the Attorney General's office, are reviewing financial and other records of the Antrim County Probate Court after a report by the county prosecutor released about a week ago questioned how the court and its judge manage to spend so much money.
Officials from the State Court Administrative Office were in the offices of the Antrim County Probate Court Thursday reviewing the records. In a separate review, the criminal division of the state Attorney General's office also has begun to look into the court's practices, following a request from the county's two circuit judges.
The judges, Thomas Power and Philip Rogers, sent the agencies a report on possibly questionable practices in the Antrim Probate Court's use of Child Care Fund money in its foster care program. The report was conducted by Antrim County Prosecutor Charles Koop at the request of the county board of commissioners and released to the public at the county board meeting Jan. 13.
Koop's report questioned some Child Care Fund expenditures, as well as the process used to approve them. The report also noted that relatives of Probate Judge John Unger and court Juvenile Register Patricia Theobald received Child Care Fund money for foster care services they provided, which could violate state administrative rules regarding nepotism in courts.
Attorney General spokesman Chris DeWitt confirmed that the criminal division had begun a review of some of the Antrim Probate Court's practices. But he would not comment on what specific areas were under review or what could happen next.
"What the review turns up will determine what, if any, action is needed," he said.
Jack Crandall, regional administrator for the State Court Administrative Office in Gaylord, spent Thursday at the Antrim Probate Court reviewing its books and practices. Crandall may continue his review at the court on Friday as well, Power said.
"They will do a review and investigation and let us know whether there is anything to these charges," Power said.
Power and Rogers sent the report to the two state agencies for review after Antrim County commissioners had forwarded it on to them.
Both Crandall and Unger remained in meetings at the court Thursday and were not available for comment by press time.
While the court is under review, Antrim Probate Court officials have modified at least one Child Care Fund expenditure practice, following a meeting between Unger and the two circuit judges. Each of the Probate Court's expenditure invoices will now be approved by Unger or the court's administrator personally, Power said.
"Prosecutor Koop's report discussed many instances of invoices being approved by various staff people using Judge Unger's signature stamp," Power said. "That (change in approval procedures) is an interim measure only, until we see what happens after the review."
The financial skepticism surrounds the use of money from the Child Care fund. The fund is provided to Probate Court systems by the state and counties in a 50-50 split. The money funds foster care programs, providing services to juveniles who enter the Probate Court system either through wrongdoing or as victims of abuse or neglect.
State foster care records indicate Antrim County spent $876,000 in Child Care Fund money in 1998, making it the top county in the state in per-capita expenditures based on its youthful population. The county ranks 62nd of the state's 83 counties in both overall and youth population.
"If we're spending 40 percent more than the next closest county, we want to know why," county commissioner Robert McLeod said at the board's Jan. 13 meeting.
Addition 1/07/09 : The person responsible for the "investigation" into the theft of this money was Jack Crandall, Regional Administrator for the State Court Administrative Office.
This is the same Jack Crandall who presented himself to me as a representative of the FIA, now DHS when I was maliciously and retroactively charged with the Binsfeld Legislation in Grand Traverse county because I made the mistake of witnessing and reporting child abuse
Please see my email to the county mental health commissioner for details in a post further down.
ADDITION 01/11/09
According to daughter's father, while gloating, let it slip that he'd been in contact with Mr. Jack Crandall during the ugly custody dispute and Mr. Crandall was advising my ex on how to use the system against me.
Apparently, they investigated themselves and determined that they did nothing wrong.
Back in 1998, the last probate court judge misappropriated more than $876,000 from the State Child Care Fund.
He was allowed to retire and the tax payers got the bill.
His assistant ran an illegal foster care home (violation of state nepotism rules), getting payed three times the going rate because "some people just care more than others.''
I could care more for my children with access to that kind of money.
Did she go to jail?
Is she being made to pay back the more than $125,000 that she took?
No.
She is now assistant to this probate judge.
This is a letter to the TCRE regarding the situation.
A judge should know well that no one is above the law
John Unger, Antrim County Probate judge, has shown contempt for the rule of law and the responsibilities of elected office.
In response to a report from the Michigan Supreme Court that questioned his use of public funds and said he hired relatives to be foster parents, Unger made his feelings abundantly clear: "Blah, blah, blah, blah. I don't care," he said.
Well, a lot of other people do care. They care how public money is spent and accounted for. They care that rules established to ensure that officials or their relatives don't profit from their position are followed. They care that those elected to uphold the law - such as a probate judge - do just that, whether they agree with the rules and the laws or not.
In his defense, Unger said he has always had the best interests of the children who come before his court in mind. "We need to have our priorities in order," he said. "Mine are the children - they always have been, they always will be."
The not-so-subtle message, of course, is that anyone who questions his methods obviously doesn't share Unger's commitment to children, doesn't have Unger's judgment, doesn't know what's best. But he does.
That's not only arrogant, but reflects a contempt for the thousands of people who have worked their entire lives helping children and, in the process, shaping the laws and rules established to protect them.
There are plenty of things to criticize about state government and the bureaucrats who enforce the rules and the lawmakers who write them.
No public servant is obligated to believe that everything government does is done well or for the right reasons. They have the right, even the obligation, to point out errors and make their opinions known.
But they don't have the right to simply substitute their own judgment and their own rules for state or local mandates they disagree with.
By a lot of yardsticks, John Unger has served the children of Antrim County well. Despite the criticisms of how he has administered his office, no one has accused him of not caring deeply about what happens to the children who come before his court.
But there are realities of public life that he has no right to ignore.
Antrim County has spent more per-capita on child care than any other county in the state - more than $876,000 in fiscal year 1998. But that isn't the county's only obligation. It also has to provide police services to protect the public, keep roads plowed in the winter and do hundreds of other jobs.
When one office goes over budget, others don't get enough. And it's not up to John Unger to decide which is which. Voters elect county commissioners to do that, just as they elected John Unger. And as much as he may disagree with their decisions, he doesn't have to right to usurp their authority.
The same holds true for state laws created by people elected by voters. They may not be perfect, but they are the foundation for the social contract we all live by. We elect people to represent us and perform the public's business. If enough of us don't like they way things are done we elect someone else.
In his defense, Unger said it's "utter audacity to come into the office of an elected official to say, 'We're from Lansing, and we know more than you do.' "
He apparently has no problem with the reverse: "I'm John Unger and I know more than you do."
--------------------------------------------------------------------------------
Internal Virus Database is out of date.
Version: 8.0.176 / Virus Database: 270.10.0/1866 - Release Date: 12/27/2008 8:49 PM
--------------------------------------------------------------------------------
Posted by windex on 01-02-2009 7:38 AM
An excerpt from the Recipient Rights investigation. I don't like having to air our difficulties in this forum, but I need help fast.
This investigation was initiated by Alex Dukay , Michigan Department of Community Health in Lansing.
I spoke at length with Mr. Dukay and he said that he would have to refer my complaint to the Michigan Department of Human Services, as they license the facility.
The Impulse Unit has been moved to the campus of the Henry Ford Kingswood Hospital.
I have in my possession five DHS reports documenting the serious deficiencies in that place. All that ever seems to happen is they lose their regular license until they provide a written plan of correction.
The DHS is well aware.
Here are the topics:
1. Two boys engaged in sexual activity in the classroom of the Impulse Disorder Unit
2. Staff gave suicidal resident a razor and she cut herself, requiring 17 stitches
3. No background check on employee
4. Resident illegally restrained. Video suddenly unavailable
5. Supervisor slammed girls face into floor, breaking her nose. Made other staff lie about it
I found all of this with my dial-up internet. This information is in our state's computer system and Antrim County could have easily verified my concerns.
How many boy's are being held without the proper paperwork from the Behavior Management Committee and the Human Rights Committee? The hospital HAS to know that this is required.
My son's therapist Angela Petz told me that I really needed an attorney.
COMPLAINT 2008 - 0059
Excerpt: Issues
- Did North Country CMH participate in the development of R's Individual Plan of service, including his Behavior Treatment Plan, while he was at Havenwyck Hospital Residential Impulse Control Center Program?
-Did R's Behavior Treatment Plan meet the criteria requiring review by North Country CMH's Behavior Management Review Committee?
- If so, was it reviewed by the BMRC?
Investigative Findings
W was interviewed on 3/18/08 and said that she was court ordered on 4/20/04 to sign all necessary releases, which she did. She said she was also told that the only way Medicaid would pay for the placement was if the parents sign off on the plan. A review of the Havenwyck clinical record showed that both Ms. B and her son R signed the Plan of Service and the consent "to perform covert sensitization and assisted covert sensitization". The review also showed that the persons involved in the development and implementation, beside Havenwyck Staff,was R, Ms. B and his Antrim County DHS worker.
North Country CMH Associate Director, Staff A, was interviewed on 3/14/08 and said the placement was funded by the Antrim County Family Court,the Michigan Department of Human Services and North Country CMH. Mr. B was a Delinquent Court Ward at the time of his placement at Havenwyck. The Antrim County DHS worker was the responsible person. Staff A said a North Country CMH case manager was not assigned, but staff A did periodic reports with information received from DHS. Staff A also did the contract continuance.
A review of North Country CMH clinical record indicates the Plan of Service written on 8/9/04 by Staff A had verbal approval by the Antrim County DHS worker. The one goal was to function successfully at home, in school and in social relationships. The objective was "admission to Havenwyck Impulse Disorder Program to be free of sexually deviant behavior." The participation expected from North Country CMH was the monthly contractual payment agreement. There were quarterly progress notes written by Staff A. The Plan of Service written on 8/9/05 stated as the objective"see Havenwyck Plan of Service" but the Havenwyck plan could not be located.
The North Country CMH Behavior Management Review Procedure, effective 5/15/2003, was reviewed. Purpose #2 states"review and approve (or disapprove), in light of current research and prevailing standards of practice,all behavioral treatment plans utilizing aversive or restrictive techniques as defined in the hierarchy of interventions, techniques requiring informed consent of the consumer." The procedure applies to "All agency programs and services under contract with the agency which develop behavioral treatment plans. The BMRC will review all written behavior treatment plans developed in any agency program which utilizes techniques defined as Level II and III interventions in the hierarchy of behavioral interventions." Under FORMAL BEHAVIORAL INTERVENTION: Level III it states,"these procedures are significantly restrictive,aversive,or intrusive and must be implemented only as a component of a formal behavioral treatment plan, following approval of the client/parent/guardian, the BMRC and the Human Rights Committee (HRC).Since these procedures significantly modify an individual's rights they require a case-by-case review of the Behavior Management Committee and Human Rights Committee and special consent by the person or parent or guardian. These treatment plans will be reviewed by both committees when written and at intervals to be determined by the HRC."This procedure was continued in the February 2005 revision.
CONCLUSION
- Did North Country CMH participate in the development of R's Individual Plan of Service, including his Behavior Treatment Plan, while he was at Havenwyck Hospital Residential Impulse Control Program? There is no record of North Country CMH's involvement in the development of Mr. B's Plan of Service. North Country CMH did not receive a copy of the Plan of Service nor the Behavior Treatment Plan from Antrim County DHS or Havenwyck. The only requirement was the monthly payment.
- Did R's Behavior Treatment Plan meet the criteria requiring review by North Country CMH's Behavior Management Review Committee? Yes, as defined in the Behavior Management Procedure of 1999 and continued through the revision of 2005.
- If so, was it reviewed and approved by the BMRC? There is no record they North County CMH's Behavior Management Review Committee or Human Rights Committee had knowledge of, reviewed or approved Mr. B's Behavior Treatment Plan.
Therefore, based upon the above information and using a preponderance of evidence standard, where there is greater weight of the evidence not as to quantity but as to quality, the allegation of not receiving mental health services suited to condition is substantiated.
Recommendations : It is recommended that, minimally, training be done on a regular basis of supervisors and case managers on the Behavior Management Committee procedures that need to be followed when a behavior treatment plan is done by either North Country CMH or a service provider under contract with CMH.
Plan of Action : North Country CMH submitted the following plan of correction on 7/24/08:
The North Country CMH Behavior Management Review Procedure, effective 9/1/07, will be reviewed at the next meeting of the North Country CMH Risk Management Team on 8/11/08. The procedure will be revised to include at a minimum, training to occur on a regular schedule for clinical staff related to the Behavior Management Committee procedures and requirements of the review of treatment plans that include Level II or III interventions. Revisions to NCCMH Behavior Management Review Procedure will be completed by 9/30/08.
----
--------------------------------------------------------------------------------
Posted by windex on 01-02-2009 8:48 AM
A few more things about CMH and the juvenile justice worker.
My son was supposed to be seen ( court ordered) at CMH for aftercare and to refill his Concerta prescription. ( Note: My son was at Havenwyck for nearly a year without needing any medication. A new shrink was assigned to the unit and put my son on drugs he did not want or need. This doctor also messed with the dosage - a week on, a week off, etc. Who gave these people permission to send my child to a research facility to be experimented on?) I called for an appointment and was told that because it had been so long since he'd been seen ( because he was locked up, paid for by CMH , they would have to consider him a new client and they were not taking any new clients unless the were suicidal because THEY WERE RUNNING OUT OF FUNDS!!!!! Ridiculous.
I took him off the meds because he said that they made him feel stupid and nauseaus. But I think that that is the whole point of these drugs.
The juvenile justice worker Nicole Little threatened my then 11 year old child with potential anal rape in a detention facility. She failed to show up for an important court date and left my child in limbo for two weeks wondering where he was going to live. She also only went to see him right before a court date, only five or six times, and consistantly refused to return phone calls to me or my son's therapist.
I also saw her in the courthouse one day when I was there on other matters. She asked me where my son was. I had to tell her, the juvenile justice worker in charge of my son's safety, that he was more than 200 miles away as far as I knew. Frightening for a parent, let me tell ya.
After my son was home for nine days, she called to inform me that I had to register him as a sex offender by the next day or he would be in trouble. She actually said," Sure, I could tell the judge "oops, my bad", but I don't think that that would do much good." The professionalism is astounding.
I have tried to contact the attorneys in the news article, but wasn't successful.
I want to know why we were coerced by the juvenile justice worker and the court administrator Bill Heffren that we didn't need an attorney. The fact that he was going to have to register as a sex offender should have mandated legal representation. How is it fair that my son's life is ruined because I made a bad decision?
I am no longer secure in my home as long as a registered sex offender shares my address. I have already had a state trooper and an Antrim County detective at my door. I would hate to see what happens if a little neighbor girl breaks curfew. Nobody should have to live like this.
1/07/09
I forgot about the day that my son was sent to Muskegon River Youth Home in Evart to wait for a bed at Havenwyck. Ms. Little encouraged me to ride along with the state paid transporter, who happened to be Mike Harvey's mother, to assure myself that it wasn't such a bad place.
It was way worse than I imagined.
Upon arrival, we drove into a huge cage with razor wire and a chain link roof. We walked into the building, with me walking in last.
The next thing I knew I was being shoved backwards and had this drill seargant in my face screaming " watch her - watch her - She's got contriband!"
I am a smoker and had a pack of cigarettes in the front pocket of my coat
.
I was made to wait in the vehicle with the cameras trained on me and not allowed to tell my child goodbye.
The guy came out to apologize and then called me again that night.
I cried the whole way home.
--------------------------------------------------------------------------------
Posted by radac1 on 01-02-2009 11:11 AM
I have sent you a private message...let me know if you got it
--------------------------------------------------------------------------------
Posted by windex on 01-02-2009 12:23 PM
I have taken your advice - I'll keep you posted.
I want to say that I am very disappointed in the results of the investigation. I don't even get to know the persons name responsible for this travesty.
I tried to follow through with Consumer Protection and Advocacy in a timely manner, but was ignored.
I have proof that I have been trying to report this since 2006 and nobody wants to do their job.
The prosecutor Mark Fett didn't want to hear it, he got mad and slammed the phone down in my ear. I called back and got the answering machine. I told them who I was, what happened and how rude and unprofessional that was. I also left my phone number in case anyone wanted to call me back to apologize. They didn't.
However, the girl who retrieved the message is friends with one of my relatives. She discussed my minor child's case with them and said that I sure am a B*****.
She's the "other woman" in these news articles . Mike Harvey is the former son in law of the probate judge's assistant.
skip to main | skip to sidebar
Michigan Officer Involved Domestic Violence
An organization dedicated to advocating for OIDV victims; advocating for policies/laws to protect OIDV victims; and educating the public on OIDV and OIDV issues. In loving memory of Pamela Aukerman.
Saturday, May 13, 2006
Deputy Michael Harvey, Antrim County SD
May 13, 2006: Deputy Michael Harvey, Antrim County Sheriff Department
Antrim County Deputy Faces Assault Charges
WPBN-TV, MI
8 hours ago
May 16, 2006
An Antrim county deputy is behind bars after prosecutors say he threatened his wife, with a gun. Michael Harvey was in court Monday in Grand Traverse county on two counts of felonious assault. The Antrim county sheriff says while deputy Harvey was on duty Saturday night he went to his home and threatened his wife with a gun and pointed a taser gun at his two year old son. The sheriff says the deputy told his wife he would kill her, their children and his mother in law. The Antrim county prosecutor says the deputy has had three prior insistences that the department knows of. Deputy Harvey is currently suspended without pay, and in the Grand Traverse county jail.
*******************************
Officials: Deputy threatened to kill wife
He allegedly pulled gun on her while on duty
Traverse City Record Eagle, MI
5 hours ago
05/16/2006
TRAVERSE CITY — An on-duty Antrim County sheriff's deputy allegedly pulled his service handgun on his estranged wife and threatened to kill her and the couple's children unless she stopped divorce proceedings.
Michael Harvey, a six-year department veteran, was arraigned Monday on two counts of felonious assault before 86th District Court Judge James R. McCormick. The alleged assault occurred at the couple's Central Lake home Saturday, authorities said.
Antrim County Prosecutor Charles Koop said Harvey was on duty when he went to the house at 10 p.m. and allegedly argued with his wife over divorce proceedings she'd initiated.
Koop said Harvey, 34, allegedly pushed his wife to the ground and struck her in the face. As the argument escalated, Harvey allegedly pointed his handgun at his wife and threatened to kill her.
"I will kill you, your mother and then myself," Harvey allegedly told his wife, according to police reports. "You need to stop the attorney, stop the divorce, and stop everything."
Koop said the argument spilled into the home, where in front of the couple's children Harvey allegedly pointed his gun again and made additional threats.
"If I get the (expletive) papers in the mail, I am going to (expletive) kill you and your mother, and I'm going to kill these two boys and then I am going to kill myself," Harvey said, according to police reports.
During the altercation, county dispatch officials contacted Harvey about a criminal complaint and he left the house, Koop said.
Koop said Harvey's wife drove to the Michigan State Police post in Cadillac to report the incident. She feared her husband would have been able to monitor a local call to emergency officials, he said.
"He got off at midnight and it was reported to the Cadillac post," said Koop. "The post contacted the (Kalkaska) post and he was arrested."
Harvey was arrested around 6 a.m. Sunday at his residence without incident, Koop said.
Douglas Gutscher, an attorney with the Police Officers Association of Michigan, asked McCormick to reduce the $500,000 bond set for Harvey, who will remain in the Grand Traverse County Jail.
"These are simply allegations of a person in the middle of a divorce," he said. "The allegations are serious, but that is all they are now."
Koop told McCormick the alleged threat was not an isolated incident, referencing other allegations of threats in recent months that Harvey made to his wife.
"In an interview with the defendant yesterday he indicated that not only did he threaten his wife (in the past), but also took his duty Taser and pointed it during this time period at his two-year-old son," said Koop.
Koop said 57 firearms, both loaded and unloaded, were confiscated from Harvey's home.
McCormick did not lower the bond.
He also ordered Harvey to have no contact with his wife, children, her family or any witnesses if he is freed.
"If true, this is a major threat of injury or perhaps even fatal injury to the alleged victim," said McCormick. "I don't think the court wants to risk being responsible for the defendant being out on the street."
Harvey, who faces up to four years in prison, is scheduled for a preliminary examination in Antrim County on May 25.
Koop said he will ask that a special prosecutor be appointed because a member of his staff may be a witness in the case.
The task will likely fall to Grand Traverse County prosecutor's office, which had representatives present during Harvey's arraignment.
Antrim County Sheriff Terry L. Johnson, who accompanied Koop to the hearing in Traverse City, said Harvey was suspended without pay beginning Sunday.
Johnson said Harvey started with the department in 2000 as a corrections officer before becoming a deputy in 2003.
"It is certainly not a proud moment for our department," he said.
******************************
GT to prosecute deputy
Case reassigned because of potential witness
Traverse City Record Eagle, MI
By craig mccoolmailto:mccoolmccoolrecordeagle@...
05/31/2006
BELLAIRE — Prosecution of an assault case against an Antrim County sheriff's deputy has been reassigned to a different county because the witness list could include another Antrim County employee with whom the defendant may have been personally involved, officials said.
Michael Harvey, 34, is accused of threatening his wife with his service handgun while on duty May 13 at the couple's home in Central Lake.
Antrim Prosecutor Charles Koop said he asked the felony assault case against Harvey be reassigned to Grand Traverse County because the witness list includes an employee in his office.
"I made the decision not because he (Harvey) was a county officer, but ... one of my employees might be a witness, Koop said.
The employee is Melissa Rogers, a clerical worker in the prosecutors office. Antrim Sheriff Terry Johnson said he thinks she and Harvey had a personal relationship.
Harvey was reprimanded after a Feb. 21 incident during which he and Rogers argued in the sheriff's department parking lot. Things got so heated that other sheriff's personnel called state police, who investigated, Johnson said.
State police in Kalkaska confirmed they responded to "a domestic argument" involving Harvey that evening at the Antrim dispatch center. Koop said the incident did not lead to charges.
Following the incident, Rogers was warned to stay away from Harvey during work hours unless there was something work-related to discuss, Koop said.
Johnson said Harvey had a "written warning" placed in his personnel file after the incident.
Harvey has been suspended without pay since his arrest.
He recently waived his right to a preliminary examination and was bound over on two counts of felonious assault, Antrim District Court officials said.
******************************
Accused deputy's personnel file shows recent problems
Traverse City Record Eagle, MI
By CRAIG McCOOL mccoolrecordeagle@...
06/23/2006
BELLAIRE — An Antrim County sheriff's deputy who faces assault and weapons charges seemed a model employee for most of his six years with the department.
Until this year, Michael Harvey, who allegedly threatened to kill his wife with his service gun while on duty in May, received raises and promotions. From the time he was hired in 2000 through the end of 2005, Harvey did not receive a disciplinary letter or citation.
But this February, the deputy with the squeaky-clean record was disciplined twice, including once for drinking heavily the night before he was to work an early shift.
The Record-Eagle obtained a copy of Harvey's personnel file through a state Freedom of Information Act request.
Harvey, 34, was hired in 2000. Between then and the start of this year, he was promoted from the jail to various road patrol assignments.
Shortly after his promotion to the road, a citizen sent a letter to Sheriff Terry Johnson noting Harvey's kindness and "dedication to the community."
Accolades came from superiors, too, but disciplinary warnings began early this year. The first occurred Feb. 21, when Harvey argued with a woman in the county's 911 dispatch area.
Other county employees witnessed the incident and called Michigan State Police, who investigated but did not seek charges. Johnson issued Harvey a warning.
Another incident occurred two days later. On Feb. 23, Harvey was observed drinking in Central Lake, prior to his scheduled 4 a.m. shift.
Johnson wrote that Harvey drove that night to Bellaire, where he was confronted by another Antrim deputy and made to take a preliminary breath test.
Harvey blew a 0.169, more than double the legal driving limit, though the letter addressed no specific concern about drinking and driving.
"In the report it states that you felt you would have been OK to go to work" at 4 a.m., Johnson wrote. "I find this to be a ridiculous statement."
Harvey received a single-day suspension without pay for the drinking incident.
Harvey has been suspended without pay following his arrest May 14.
He faces two felonious assault charges, punishable by up to four years in prison. Prosecutors also recently added a third charge, using a firearm in the commission of a felony, punishable by up to two years in prison, said Harvey's attorney Douglas Gutscher.
******************************
Former deputy pleads guilty
He was accused of threatening his wife
By CRAIG McCOOLRecord-Eagle staff writer
08/19/2006
BELLAIRE — A former Antrim County deputy pleaded guilty to assault charges for threatening his wife with his service weapon while on duty.
Michael Harvey, 34, likely will face less than a year in jail when sentenced next month on felonious assault and domestic violence charges.
Defense attorney Douglas Gutscher said he believed the sentencing guidelines would fall between zero and nine months.
Harvey pleaded guilty Aug. 10 to one count of assault with a dangerous weapon — a four-year felony — for the May 13 incident at his home in Central Lake.
Police said the six-year Antrim County Sheriff's Department veteran threatened to kill his wife because she initiated divorce proceedings.
"I will kill you, your mother and then myself," Harvey allegedly told his wife, according to police reports.
"You need to stop the attorney, stop the divorce, stop everything."
Harvey also pleaded guilty to a misdemeanor count of domestic violence.
He initially was charged with two counts of felonious assault. The Grand Traverse County Prosecutor's Office, which was appointed special prosecutor in Harvey's case, later added a felony firearm charge — for allegedly using a gun during the commission of a felony — and two additional counts of domestic violence against Harvey.
The domestic violence charges didn't involve Harvey's wife, but a second woman, Gutscher said.
To be dismissed as part of the plea agreement are: one count of felonious assault; one felony firearm charge; and a second domestic violence charge. Sentencing is scheduled for Sept. 11 in Antrim Circuit Court.
Harvey was suspended from the sheriff's department without pay immediately after he was charged and was subsequently fired.
******************************
Former Deputy Sent To Prison For Assault
tv7-4.comAntrim CountySep 11, 2006
A former Sheriff's Deputy will spend up to four years behind bars for threatening his wife and child.
Investigators say in May, while Antrim County Deputy Michael Harvey was on duty, he went home and threatened his wife with a gun and pointed a taser gun at his two year old son. In August Harvey pled guilty to felonious assault and domestic violence. He was sentenced to two to four years Monday on the felonious assault charge and three months for domestic violence.
******************************
Deputy headed to prison
Harvey pulled a gun on his wife while on duty
Traverse City Record Eagle, MI
3 hours ago
By CRAIG McCOOL mccoolrecordeagle@...
09/12/2006
BELLAIRE — A former Antrim County sheriff's deputy will spend at least two years in prison for assaulting his wife and threatening to kill her.
Sentence guidelines called for Michael Harvey to go to jail for 12 months, but Antrim Circuit Judge Thomas G. Power said that wasn't adequate and ordered Harvey to prison for two to four years.
Harvey's wife told Power during Monday's hearing that her husband "has held a gun to my head a total of five times."
The final time was May 13, when Harvey drove to his Central Lake home while on duty and pulled his service weapon during an argument about pending divorce proceedings. It happened in front of the couple's youngest son.
"The most heartbreaking thing was hearing my two-year-old son saying 'Daddy, don't shoot mommy,'" Trish Harvey said. "I'd like Mike to know he'll never hurt me again."
Harvey, 34, pleaded guilty last month to felonious assault and misdemeanor domestic violence charges.
Power sentenced Harvey to three months behind bars on the latter conviction, though that time will be served concurrently with the longer sentence. The domestic violence charge stems from an incident involving another woman with whom Harvey was romantically involved.
Some prison inmates, generally first-time offenders, are eligible for state "boot camp" programs — state-run, military-style rehabilitation programs that can lead to early release. Power made a point to exclude Harvey, though.
"This is not a boot camp case," Power said. "Mr. Harvey needs to sit for two years."
Harvey offered a brief apology to his wife and family Monday, and wiped tears from his face with the front of his shirt.
The judge described how Harvey pointed his handgun at his wife's head so close that "the barrel touched her hair" and then threatened to kill her, their children and her mother.
"The pre-sentence report says (Harvey has) 'uncontrollable anger issues,'" Power said. "I guess that's the understatement of the day. It's hard to understand what he was thinking on any level."
******************************
Former deputy sent to prison for assaulting wife
Grand Haven Tribune, MI
1 hour ago
BELLAIRE (AP) — A judge imposed extra prison time on a former Antrim County sheriff's deputy who assaulted his wife and threatened to kill her.
Michael Harvey, 34, pleaded guilty last month to felonious assault and misdemeanor domestic violence. Under state sentencing guidelines, he would have gone to jail for a year. But Circuit Judge Thomas G. Power said that wasn't enough, ordering Harvey to prison for two to four years.
Power also ruled Harvey ineligible for "boot camp" rehabilitation — a military-style program that can lead to early release.
"This is not a boot camp case," Power said during a hearing Monday. "Mr. Harvey needs to sit for two years."
Harvey's wife testified her husband "has held a gun to my head a total of five times."
The final time was May 13, when Harvey drove to his Central Lake home while on duty and pulled his service weapon during an argument about pending divorce proceedings. It happened in front of the couple's youngest son.
"The most heartbreaking thing was hearing my 2-year-old son saying, 'Daddy, don't shoot mommy,"' Trish Harvey said. "I'd like Mike to know he'll never hurt me again."
Harvey offered a brief, tearful apology to his wife and family.
They haven't seen anything ,yet.
--------------------------------------------------------------------------------
Posted by windex on 01-02-2009 1:11 PM
CMH apparently has to train their workers on what procedures need to be followed, I think as a result of what was done to my son. This really should be a no-brainer, but CYA must be more important to those involved than doing the right thing and helping ensure my child has a future. It looks pretty grim to him right now.We have been wronged on so many levels, and things are so messed up that nobody wants to touch this because they don't want to cause problems for their peers.
Michigan.gov Home MDCH Home | Online Services | Sitemap | Contact MDCH
Text Size Office of Recipient Rights - FAQ's
A collection of questions posed by rights advisors and officers with responses provided by the Office of Recipient Rights. The responses on this site are not meant to provide a legal opinion on any particular issue but are the official interpretation of these issues by the Office of Recipient Rights.
Behavior Management Committee
Seclusion and Restraint Regarding Adults
Patient Bringing Own Medication
Conflict of Role - Rights Officer and Hearings Officer
Rule 7046 Summary of Extraordinary Incidents
Clinical Suitability for Voluntary Admission
Q: Does the Behavior Management Committee (BMC) have to review all restrictions or limitations of rights?
A: Questions have arisen of late regarding revised DCH Rule 330.7199 (g), i.e. Does the Behavior Management Committee (BMC) have to review all restrictions or limitations of rights? The answer is YES. Whenever you are going to restrict or limit the rights of a recipient to modify a behavior, there must be a plan and that plan must be reviewed and approved by the "specially constituted body" as per Rule 7199 (g). The answer is based on the following.
Rule 7199 has always required that any limitation or restriction on any right of a recipient must be documented in the individual plan of service (IPOS). That documentation has always included the justification for the limitation and a time-limit for the limitation. Most importantly, the Rule has always indicated that the IPOS include documentation of attempts that have been made to avoid the limitation as well as what actions will be taken as part of the plan to ameliorate or eliminate the need for such limitations or restrictions. This would be the behavior treatment plan.
Section 3.3 of Part III of the Michigan Medicaid Provider Manual requires that any behavior management or treatment plan that proposes aversive, restrictive or intrusive techniques or psycho-active drugs for behavior control purposes where the target behavior is not due to an active substantiated psychotic process, must be reviewed and approved by a specially constituted body comprised of at least three individuals, one of whom shall be a fully- or limited- licensed psychologist with the formal training or experience in applied behavior analysis, and one of whom shall be a licensed physician/psychiatrist, This behavior management review is a Medicaid covered service available to Medicaid beneficiaries. It was felt that this review and approval process is an essential component of a behavior treatment plan that proposes to restrict or limit the rights of any recipient of public mental health services and was therefore included in the 2007 Rule revisions.
The draft Technical Requirement for Behavior Treatment Plan Review Committee defines Restrictive Techniques as those which, when implemented, will result in the limitation of an individual's rights as specified in the Code and federal Balanced Budget Act. (Note - this answer is based on the current draft definition of Restrictive Techniques and will be modified as necessary should that definition change.) Rule 7199 requires that any such restrictions or limitations, or any aversive or intrusive behavior treatment techniques be reviewed and approved by a formally constituted committee of mental health professionals with specific knowledge, training, and expertise in applied behavioral analysis. This refers to the Behavior Treatment Plan Review Committee referenced in the TR and the BBA.
In accordance with the Rule language, a behavior treatment plan that proposes to use restrictive or intrusive techniques impinging upon a right guaranteed by the Code must be submitted to the Committee for review and approval. Per the draft Technical Requirement for Behavior Treatment Plan Review Committee, that plan must include (1) results of assessments performed to rule out physical, medical and environmental causes of the seriously aggressive, self-injurious or other behaviors that place the individual or others at risk of harm, (2) a functional assessment, (3) evidence of the kinds of positive behavioral supports that have been attempted to ameliorate or eliminate the behavior and have been unsuccessful and (4) evidence based practice or practice guidelines that support the proposed treatment.
It is apparent that the Technical Requirement and Rule 7199 (g) must be considered together in determining the need for a plan to be reviewed by the Behavior Treatment Plan Review Committee. The Department of Community Health plans on conducting training with Committees once the Technical Requirement is finalized and made part of the PIHP/CMHSP contracts.
--------------------------------------------------------------------------------
Posted by windex on 01-02-2009 9:39 PM
I'm somewhat surprised that only one person has posted. Where's the outrage, people? The problems in our country start at the local level. Who is going to speak up for the poor and oppressed? We still have rights, unless you are conveniently marginalized in a group of less desireables, such as sex offenders.
Maybe people think that I'm nuts for doing this, but I am desperate. If nobody helps me in the next two months my son will never be able to petition to get off the sex offender registry. His future is ruined if I'm not successful.
I am angry that nobody will help us, scared all of the time of what they are going to do to me next and frustrated because my child has been labeled as a sex offender. He was 10.
I made a mistake by not taking an attorney and have regretted it every day since. I'm a decent human being and still can't imagine how someone can do this kind of stuff and still feel good about themselves. That is how we were tricked - misguided faith in humanity.
I wake up in the morning and feel ok for about 15 seconds, then this reality that has been created for me crashes down and I dread the day.
I wanted counseling for my sexually abused child, not incarceration. Have you ever had your child collapse in a complete mental breakdown? Who do I call for therapy for my family? CMH? We do pretty good, considering.
I wanted to put this in the past. Instead, I have to remember to get my child to his public shaming every January, April, July and October. It's not Happy New Year for us. It's Groundhog Day.
It makes me ill and I have 13 days to get him there this time. Again this is not what is required by law, it only applies to my child. If he is so dangerous that he requires special monitoring, why was he dropped from his strict probation without a hearing?
I want to know where my child's DNA is. As of May 17, 2007 it wasn't on file. The sample was taken in April 2004. After all of the problems with the Detroit Crime Lab, I'm scared.
I want justice - not just us. I shouldn't have to pay to exercise my constitutional rights. Where is the representation for the poor in this county?
But then again, I had to go more than $10,000 in debt to get custody of my then 5 year old daughter back from her father because of a mistake made by the Friend of the Court.
Excerpt from Transcript
The Court: But, that needs to be - -needs to have the Friend of the Court approval as well and, quite frankly, let me add I think what happened in this case was that there was an order provided that did not have all the statutory required conditions, and I don't know this for a fact, but I'm just assuming that the Friend of the Court did, with good intention, simply print out an order that had those conditions and did not have what was the intent of the parties as to the primary physical custody. That is my guess as to what happened because certainly the order provided didn't have all the necessary conditions. But, in any event, you will provide that order.
The FOC failed to include the conditions of the temporary custody order ( signed by the judge) in the permanant custody order(also signed by the judge) and I didn't notice within the fourteen day time frame, so too bad, so sad for me. Antrim County couldn't acknowledge that they made a mistake. I had to pay someone to point it out to them. I got her back after 8 months of pure hell. Both of my children were ripped away from me. That does something to a person.
Meanwhile, the FOC docks my wages and took 25% of my pay until my son came home.
The wording of the temporary custody order said that my daughter would stay with her father until my son was no longer in the home. This was intended to mean until he went to treatment, then she would come home. But her dad was a jerk and took full advantage of the mistake made and wouldn't give her back.
He even brought our five year old into the courtroom the day my son entered his guilty plea. I had no control and didn't know that my son would have to go into graphic detail. Nobody employed by the court had the good sense to have her removed before testimony began. This totally defeated the purpose of sending her away from the situation.
Because he had to give her back, his attorney and my attorney met in chambers with the judge and I was verbally informed that when my son was released, I would have to send my daughter back to her dad if I allowed my son to come home. Ever see that movie Sophie's Choice?
As fate would have it, her dad went off the deep end and beat the crap out her 14 year old brother so he wasn't in a position to complain.
But the court made me put an alarm on my son's bedroom door in case he was tempted to molest his baby sister.
When my son came home, the juvenile justice worker called a special meeting of the entire Special Ed department regarding my son's return. Of course, SHE failed to show up.(oops, her bad)
Since these people have never had to deal with a sex offender before, they panicked. They hired someone to shadow my child. He wasn't allowed to participate in gym because of the showers. He was only allowed to use the teacher's restroom. He refused and held his urine all day rather than answering embarassing questions. He was 12.
I'm tired of being made to feel like I'm the crazy person. And most of all, I'm tired of being sad. This has been nothing but cruel and I want to know why.
--------------------------------------------------------------------------------
Posted by doomfamily on 01-03-2009 11:03 AM
I am just reading this and it scares me. I have an almost 18 year old son who is autistic and will most likely have to deal with that Judge soon. I have never dealt with CMH and have chose instead to deal with our own personal doctor. I cringe at the thought of what you have gone thru and are still fighting. I hope someone will help you.
--------------------------------------------------------------------------------
Posted by windex on 01-03-2009 11:42 AM
Hi. I am glad that someone has found this information useful. And you are right to be scared.
When my child was sent to Havenwyck there was only wonderful propaganda online regarding the place.
At least now if someone does a search , our story comes up and they can make an informed decision as to whether or not this is appropriate place for their child.
If they did this to lab animals, PETA would be all over them.
Probably you will be fine, particularly since you already have services in place for your son. Never take any free services from these people - nothing is free.
By all accounts, the judge is a nice guy. He did let me have my children back ,so I guess I should be grateful.
What bothers me in Antrim County is the fact that all of these officials run unopposed in the elections so the voter has no choice, then act as if the citizens chose them to lead. There is never a background check - nothing.
How many people ever read the TCRE story before? I don't understand how anyone could be promoted for that conduct while in office.
What I think has happened in my situation is that they have ALL gotten complacent and lazy because there are never any consequences.
I hope that someone will help me too, but even if they don't, I can't ever stop. My son will lose all respect for me.
Speak truth to power, be the change you want to see in the world and all that...
I am not trying to" cause trouble." I just want these people who are collecting our hard earned tax dollars to perform their duties in a fair and professional manner. Shouldn't be too much to expect.
--------------------------------------------------------------------------------
Government/Politics
Topic: Re: Torture Called Treatment -- Antrim County
Upnorthlife.com Forums
Page 2 of 5 (75 items) « 1 2 3 4 5 »
Posted by windex on 01-04-2009 1:26 PM
-----
As you can see, the courts have done everything they can to delay me so we run out of time. This is not freedom. What has happened to our country?
To: Region4 Info
Sent: Wednesday, March 12, 2008 5:55 AM
Subject: Antrim County
I really hadn't intended to email your department again, but I had another unfortunate encounter with our local Probate Court employees last Monday March 03,2008.
I called to inquire about copies of my son's file and transcripts of any hearings. I was told that I could get copies of the files and was then transferred to the court stenographer, Sandy. She told me that she wouldn't even look for those for me for less than a $500.00 deposit - cash or money order - no checks. She told me that it was going to be $2.35 per page and if it came to more than $500.00 I wouldn't get any of it until I payed the full amount.
From what I have read at the following link regarding transcripts, she violated more than one State Court Administrative Order.
The court is well aware that we are currently struggling financially and can't afford $500.00.
I also made it clear that I needed the transcripts to file an appeal for my son and we are pressed for time. Could you please clarify to me what the charge would be for an indigent person? I'm so tired of being treated like this when they are the ones in the wrong here. Thank you.
Internal Virus Database is out of date.
Version: 8.0.176 / Virus Database: 270.10.0/1866 - Release Date: 12/27/2008 8:49 PM
Posted by windex on 01-04-2009 3:16 PM
Proof that the county mental health commissioner has known for more than two years what has been done to my family. This is your tax dollars at work and an example of all of the services that have been lavished on me.
Sent: Thursday, August 31, 2006 8:50 PM
Subject: Antrim County DHS,probate court, community mental health, Friend of the Court
Please read the following account of my family's nightmare at the hands of the above named agencies.It is a basic outline of my situation and I intend to keep telling our story until I get some relief and intend to keep forwarding this to various agencies I can give you names and details if you need them. If I could afford an attorney I would have one. This is our tax dollars at work. I think you will be appalled at the money wasted. Please feel free to contact me.Thank You.
My family has been involved with several so called help agencies for the past few years. As a result of all of their help, there is a very real possibility that my children and I are going to lose our home. As briefly as possible, I will try to explain how this came to be.
My son R was molested at an early age . We lived in Grand Traverse County and R was a client of Northwest Michigan Child Guidance Center until his treatment was sabotaged by Children's Protective Services.
Our daughter S was born in February 1999. Her father had custody of his 7 year old son and moved in with R and me months prior.
In April 1999, my daughter's father physically abused his son.
I made the mistake of reporting it to CPS, the school and Child Guidance Center. CPS "investigated " for three months until July 1999, when they charged me retroactively under the Binsfeld legislation(which went into effect July 1, 1999) and attempted to terminate my parental rights to my children for witnessing and reporting child abuse.
I have a prior termination of my parental rights to my two oldest children due to my alcoholism.(They were returned by their adoptive parents at ages 13 and 16. My oldest son lived with my sister and my second oldest went to live with his biological father. The probate court in Houghton Lake ordered that the federal adoption subsidy continue($626.00 monthly per child), with the adoptive parents sending this money on to my sister and ex-husband.
I'd like to add that both were on psychotropic drugs and now both have substance abuse problems.
This is considered a successful adoption on paper.
Just think of the abuse and neglect that could be prevented if biological parents were afforded even half of this money.
I can't get any cash assistance, which I need, because I work and have excess income .
I have been sober since 1995, but apparently that didn't matter.
The worker, Irene Stuart, lied in court and in her petition. Rather than holding her accountable for her actions, she's still employed.
As a direct result of her illegal interference, my son's therapy and years of hard work were destroyed and R was dropped as a client by Child Guidance Center with no explanation.
Perhaps this was because my court appointed attorney and the court referee were on the Board of Directors for Child Guidance Center, which held the largest foster care contract for the county.
Also, Jack Crandall from the state court administrative office in Gaylord presented himself to me as a DHS worker and took over our"case" from Ms. Stuart.After all of the trauma inflicted on me , he actually said,"I don't know what you're complaining about, you got to keep your kids.".
We moved to Antrim County and it is well documented by the CPS that they made contact with my family at least once a year.
R had been acting out sexually towards other children and the CPS didn't feel the need to share this information with me, although I had a young daughter in the home.
The only reason that I'm even aware of this is I requested and received a copy of my file from the CPS. It is documented that I had requested counseling for my son on several occasions, only to be denied.
In January 2004 I was made aware that R had touched his ----- inappropriately.
. Because of my past difficulties with these agencies, and mistakenly thinking that R was going to finally get the help he so obviously needed for being the victim of sexual abuse, I self reported the incident.
I reported this to our local police , who contacted CPS, who turned it over to the state police, who sent it to the prosecutor, on to the juvenile justice system and back to DHS.
This took several months
.Because of my past experience with the CPS, and because the state trooper who investigated told my *** that it looked like the CPS was going to go after me for failure to protect (until they discovered that it happened at **** house) I panicked and sent my daughter to stay with her father.
I wanted to protect her from the situation.
Because the CPS wasn't inclined to remove my son from the home, I felt like they were setting me up again.
The harassment had been constant for nearly five years.
Enter Friend of the Court.
My daughter's father and I signed a temporary custody order stating that S would stay with her father until R was no longer in the home.
I hadn't had paternity established on our daughter until then because I didn't trust her father not to try to steal her from me.
In the course of establishing paternity, we waived FOC involvement. When the FOC drew up the custody order, she left out the conditions of the temporary order and gave full custody of my daughter to her father.
I was informed that I would have to pay child support if FOC got involved.
The probate court wouldn't help either, although the judge had signed conflicting custody orders.
I was forced to go into debt $10,000 for an attorney to fix a mistake made by someone who should know what they are doing
.Eight months later, my daughter was returned to me.
The judge ruled that the FOC messed up, but I still have to pay for my attorney.
Meanwhile,it took four months to prosecute my son.
There is a report written for the court by Barbara Cross of the Maple Clinic in Traverse City and paid for by the DHS.
This report is full of factual errors, including a child that doesn't even exist.
Ms.Cross even concluded that R may have molested my then five year old daughter, even though she was interviewed and denied it.
Ms. Cross also worded her report to make it sound as if I had engaged in sexual activity if front of R (which I vehemently deny) and I feel that this report caused the court to throw the book at my son for something that he did at the age of barely 10, nearly a year after the incident.
Because it was taking so long to resolve the situation with my son,and because an attorney told me that the longer my daughter was out of the home the less likely it was that I'd ever get her back, R and I were coerced by the juvenile justice worker and probate court worker not to get an attorney for R because "I'll tell you right now that would only drag this out even longer."
Without the consequences ever being explained to us,and with the assurance that he was finally going to get the appropriate help, R pled guilty of second degree CSC.
His fingerprints, mug-shots and DNA are on file now and he has to register as a sex offender for the next 25 years. At age 18 he's going to be on the public sex offender registry for something that he did at age 10. I have ruined my child's life.
R spent four months in Muskegon River Youth Home before being sent to Havenwyck in Auburn Hills.
Before being transferred to the facility, DHS/juvenile justice worker Nicole Little made a rare visit to my son.(she only saw him 4 or 5 times in nearly 2 years)
She told him that if he didn't successfully complete this program he was going to a youth prison. She went on to tell him that she previously was employed by Wackenhut and while there, a boy was dragged off by other boys and sodomized until his rectum fell out and he bled to death. My son was 11 yrs. and 4 months old and we hadn't even had the sex talk yet, and had never heard the word sodomy.
R was then placed in Havenwyck, even though this facility was under investigation by the DHS for not doing proper background checks on their employees and who knows what else.
This place is horrible.
For therapy, these boys are made to engage in covert taping and plethysmography.
Covert taping-My son had to write a healthy script and an unhealthy script. He read these aloud into a tape recorder. When he became aroused, he was made to snap open an ammonia capsule and inhale it.If he didn't choke, he wasn't doing it right..
Plethysmography- Fortunately R didn't have to do this because of his age, although he did have to go along to chaperone on occasion. Three boys were taken out of the facility to(?) and one boy was taken in another room. An ring of some sort was then placed on the boy's penis and he was then shown pornography. The ring supposedly measures arousal. I'm horrified that my child was even exposed to this, not to mention that he has been treated as a perpetrator rather than a victim.
According to R, a staff member who was still working on the unit and whom my son met, had been accused months prior to R's placement there of engaging in oral and anal homosexual sex with a gay black boy in the restroom of the facility where they did the plethysmographs. What is this place?
Medicaid didn't cover this treatment and Antrim County picked up the tab.
They did braided funding, with the cost being split between the DHS, Community Mental Health and Antrim County Probate Court.
I was then ordered to pay nearly $40.00 per week in child support for my son's maltreatment.
In the meantime, I lost my job at Second Chance Body Armor when the company folded. I was forced to take a low paying part time job and was supporting my daughter and myself on about$150.00 per week. I was also billed weekly by the probate court and was informed that I was going to owe more than$52,000 when it was all over and I would be paying on this for the rest of my life.
I petitioned the court to have my support payments lowered because it was a hardship but was told no.
When my daughter was returned to my custody, it was ordered that I receive $315.00 per month in support.
Her father was suddenly disabled, with no real proof needed and his support was lowered to $25.00 per month, which he has only made 4 or 5 payments in the past two years..
Of course the FOC takes half, so if I'm lucky I get a check for $12.50.
Life is expensive and because I work, I'm penalized and get no cash assistance.
I'm currently two months behind in my house payment and have been all year.
Because I have also been juggling shut-off notices and trying to keep my home owners insurance current, a condition of my land contract, I don't even have money for school clothes.
I have a friend who gets cash assistance, making him eligible for a $45 grant for school clothes because his children's self esteem is important to the state of Michigan. What about my children? We don't qualify because I work. My children get free lunch, so obviously I'm poor.
The juvenile justice worker missed an important court date in December of 2005, causing the staff from Havenwyck to make an extra trip from Auburn Hills.
Because during my daughter's custody hearing the judge ruled that S and R couldn't live in the same home, R had to stay with my mom for three weeks until things were straightened out.
Suddenly we were in need of emergency services from Families First, which was paid for by the DHS
.I felt that I couldn't refuse this and was talked into two additional weeks of services. R was still a ward of the court and I couldn't appear uncooperative if I ever wanted him back..( I also had to agree to R being placed on Ritalin and to the covert taping while he was in Havenwyck.)Otherwise I could be charged with medical neglect, and with a prior termination on my record I may as well kiss my son goodbye.
About the only thing that Families First did was buy my son a few clothes.(And some Rubbermaid totes)
This was necessary because the only thing that he had to wear when he came home was rags from the charity box at Havenwyck. The school counselor had to give R a pair of shoes because the soles were falling off his and it was January.(I still have them)
Because the court was taking nearly 25% of my income, I was unable to clothe my child.
What happened to all of my child support that I paid?
Families First drove me around to various charities six weeks trying to get me some help with my house payment, but were unsuccessful.
How much were they paid and why couldn't this money be spent on something we actually need, such as a place to live? I'm about to lose everything I've worked so hard for because of all of the help from Antrim County.
Part of R's release from the hospital and a condition of his probation was for him to be seen by mental health and get his Ritalin prescription. When I called for an appointment I was told that unless R was suicidal, he would have to wait months to be seen.
This, after they paid all that money to Havenwyck for R's treatment.
It wasn't important to them, and the psychiatrist at Havenwyck kept messing with R's medication - putting him on for a week, then off for a week and so forth.
I took R off the Ritalin and his grades improved. In fact, the school never noticed and wanted to skip him ahead a grade.
R was to be on strict probation. Court was scheduled for July.
However, the day that Florida governor Jeb Bush deemed ammonia capsules torture, the court released R from probation.
I got the notice in the mail the next day.This is the fastest these people have ever moved in my experience with them.
The point I'm trying to make is that this has been a monumental waste of taxpayer dollars, not to mention the toll it has taken on my family in every aspect of our lives.
I was just wondering if there is any program that might help me get current with my housing needs?
I don't think it makes sense to have to get to the point of eviction before help is available.
My house payment is only $450.00 per month. I can't rent for less than that and if I had money to move, I wouldn't be behind now. None of this is my fault.
Between this whole mess, the loss of my job, having to pay support, not getting support and all of the legal fees to get my daughter back, time off work for court appearances and huge heating bills last winter, I'll never break even.
Any suggestions would be appreciated. I have already approached the area churches, but they all donate to a single local charity. They already helped me once and can't do it again. I work hard and feel I deserve a better deal than I have been getting.
Also, I would be more than happy to provide your agency with any documentation and I'm available to answer any questions that surely you must have. There is much more to this and I have documentation going back to 1999 when this whole nightmare began.
Thank You,
Posted by windex on 01-04-2009 3:17 PM
DOUBLE POSTED
Posted by windex on 01-04-2009 6:52 PM
Posted by windex on 01-04-2009 7:52 PM
Big Smileate year="2008" day="31" month="3">March 31, 2008Big Smileate>
Ms. W
Citizen Inquiry #2007-3002203
Thank you for your email regarding your son's CSC conviction. You described how you and your son have suffered as a result of that conviction. We apologize for not responding sooner. However, this office receives hundreds of e-mails each week and some delays are inevitable.
After thoroughly reviewing your e-mail and the attached documents, it is clear that your situation is complex, and that legal advice from a person fully informed on all the facts is necessary.
The Department of Attorney General is responsible for providing legal advice to various state departments and officials. The law does not permit us to act as an attorney for private individuals, and therefore, we are unable to advise you in this matter. You may wish to contact a private attorney for advice regarding legal remedies available to you. An attorney would directly represent your interests and is the one whose advice would be most helpful to you. Since your correspondence indicates that you cannot afford an attorney, you may wish to contact your local legal services office to see if you qualify for its assistance. You can find the phone number for legal services in your county by calling the toll free State Bar Lawyer Referral Service at
1-800-968-0738.
We sincerely regret our inability to provide assistance and hope that these matters are resolved to your satisfaction.
Donna L. Pendergast
First Assistant Attorney General
Criminal Division
Posted by radac1 on 01-05-2009 10:15 AM
deleted*
Posted by windex on 01-05-2009 11:56 AM
The Antrim County prosecutor, Mark Fett informed me that my son MUST register quarterly, which my son is now doing, and I cannot understand why, as that is not what the law requires given my son's circumstances.
As I read the relevant laws they state the following:
MCL 28.725a(4) and (5):
(4) Except as provided in subsection (5), following initial verification under subsection (3), or registration under this act after January 15, 2000, an individual required to be registered under this act who is not incarcerated shall report in person to the local law enforcement agency or sheriff's department having jurisdiction where he or she is domiciled or resides or to the department post in or nearest to the county where he or she is domiciled or resides for verification of domicile or residence as follows:
(5) The continued reporting requirements of this section following initial registration do not apply to an individual convicted as a juvenile of committing an offense described in section 8c(15)(a) or (b) committed by the individual when he or she was less than 17 years of age, except that the individual shall report a change in his or her residence within this state or to another state as provided in this section within 10 days after the change of residence is made. If the individual fails to file a petition under section 8c before he or she becomes 18 years of age, or if his or her petition is denied by the court, the individual shall report as otherwise required under this section.
MCL 28.728c(15)(a):
(15) The right to petition under this section applies to all of the following individuals:
(a) An individual who is convicted as a juvenile under section 520b, 520c, or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, of committing, attempting to commit, or conspiring to commit a violation solely described in section 520b(1)(a), 520c(1)(a), or 520d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, if either of the following applies:
(i) The individual was under 13 years of age when he or she committed the offense and is not more than 5 years older than the victim.
I have highlighted the relevant portions that relate to my son's circumstances. I believe the law is quite clear, it says, after initial registration (which was completed years ago) all he must do is report any change of address if he moves. Nothing on any of the registration forms covers my son’s circumstances and no one has ever explained, in detail, what the law requires of my son and his circumstances.
Posted by windex on 01-05-2009 4:19 PM
Posted by windex on 01-05-2009 4:21 PM
03/17/2007
Court referee keeps job despite child porn charges against husband
By VICTOR SKINNER
and PATRICK SULLIVAN
TRAVERSE CITY — A Grand Traverse County Family Court referee will stay on the job after her now-estranged husband allegedly admitted to possessing child pornography and marijuana.
Cynthia Conlon, a referee who makes domestic relations decisions for the 13th Circuit Court's Family Division, is the subject of a sheriff's investigation to determine if she is criminally liable for marijuana found during a search of her home last month, court records show.
Conlon's husband, Roland Woodring, 51, is charged with six child pornography-related felonies and one marijuana misdemeanor after detectives searched the couple's home Feb. 9 and allegedly found over 1,000 images of child porn and about a quarter-ounce of marijuana, according to police reports.
There was no evidence Conlon is connected to the child pornography and she has not been charged.
"It is my understanding that there is no reason to believe that the marijuana is hers and there is no indication that she used the marijuana,” 13th Circuit Court Judge Philip Rodgers said Friday, adding that Conlon passed a drug test since the search. "She will continue in her position with us until some evidence is supplied to us that would suggest that there is probable cause that she committed a crime.”
Conlon separated from her husband since the search and filed for divorce, Rodgers said.
County prosecutor Alan Schneider asked for a special prosecuting attorney in the Conlon investigation, but will continue to prosecute Woodring, who likely will be arraigned next week, Schneider said.
"Since my office appears before her as a referee and she makes decisions regarding cases we bring before her, it creates a conflict of interest,” Schneider said. "It's not just who will prosecute it, it's who will review it to see if charges will be brought against Ms. Conlon.”
Woodring denied to investigators that his wife knew anything about the marijuana, according to a police report. Conlon's laptop computer turned up no evidence of child pornography, police said.
Posted by windex on 01-05-2009 6:46 PM
Another lovely Psy Inc facility.
Posted by windex on 01-06-2009 11:59 AM
A quote by Martin Niemoeller (1892-1984)
"When they came for the communists, I was silent, because I was not a communist; When they came for the socialists, I was silent, because I was not a socialist; When they came for the trade unionists, I did not protest, because I was not a trade unionist; When they came for the Jews, I did not protest, because I was not a Jew; When they came for me, there was no one left to protest on my behalf."
One last thought and I'm done posting unless someone else comments. I must say that the silence on the part of the county's taxpayers is disheartening, but not surprising. Everyone is either friends or relatives of those involved - including myself. But blood obviously isn't thicker than water.
To those of you who have remained silent for the past two plus years after being told repeatedly by me that kids are being raped in Havenwyck - you have blood on your hands. How many of those poor boys are going to come out of that place more twisted than they ever were?
You can't expect a child to repeat the mantra " I am a sexual deviant" and expect them to have a normal life. I'm sure that there will be rapes, murders and suicides committed by the boys who were sexually tortured. You could have stopped it. Remember that.
How do you sleep at night? Somehow, I can't seem to be able to get the sights, smells sounds and mostly the boy's SCREAMS out of my head. It was worse than anything you see in movies.
There was a little red headed boy lying on a bench by the nurses station, maybe 80 lbs., catatonic from being drugged
.He was just lying there staring at nothing and drooling. There was a rope of saliva leading to a huge pool on the floor. Obviously he had been there for hours. But I'm sure nobody wants to hear that , either.
Perhaps a little tour of these facilities is in order. I'm so sick of being told what a wonderful place this is by people who haven't been there.
Back down the rabbit hole with me. later...
Posted by radac1 on 01-06-2009 2:47 PM
Nobody here who posts on these boards can truly help you....not even me. All i did was make some phone calls...send some emails...and give you contacts. Everybody who is reading this i am sure feels for your situation but sometimes the best thing to say is nothing.
I truly feel for your heartache and desperation. My final suggestion to get someone to notice is very drastic and not for the faint of heart.
I suggest some serious protesting at the facility. There are ways to do this legally and hopefully some newspapers will take notice and run a story. Keep in mind if you lose your cool you can be arrested for trespass or disorderly conduct. I suggest if you do this to contact the police first and allow them to guide you through the process. Like i said before...i would NEVER STOP..never take no for an answer....you have nothing to lose and everything to gain. If this was my kid..i would fight till the day i died.
I would use this messageboard like a soundboard and post anytime i felt like it. The minute you start caring about what other people think..your done. I have folks monitoring this thread and maybe they will step up and see if they can make a difference.
REMAIN HOPEFUL!
Posted by windex on 01-06-2009 2:59 PM
Thanks again. I didn't really think than anyone could help us - I just needed to make people aware of where their tax dollars go. Notice all of the traffic fatalities because there isn't enough money in our budgets for sand for the roads.
If anyone does help me I would probably cry for a week. I want this weight off my shoulders.
Things are actually moving along quite nicely behind the scenes and I'll forward a couple encouraging emails on to you.
I have been waiting for help for two years until I figured out that there is nobody to help me but me.
I am a lover of peace, hate nobody and believe in forgiveness.
Forgiving and forgetting are two different things and those boys have been forgotten. But not by me and I have made it my mission to expose that disgusting program to the world.
Posted by radac1 on 01-06-2009 3:03 PM
I've made my last move that i can possibly do...
I contacted the attorney... Geoffrey Feiger.
I will let you know if he calls me.
I am out of ideas....for now.
Good luck!
Posted by windex on 01-06-2009 4:03 PM
Thanks. I tried him a while back, but that was before all of the media attention to Psy Inc and before somebody investigated the Recipient Rights complaint.
A problem that I seem to encounter is all of the malpractice or rights attorney's have either respresented Psy Inc or have sat on some CMH advisory committee or some such thing at some point in their career. It creates a conflict of interest.
Like I said, I'm not giving up. I can always write a book.........
I am a survivor and good always triumphs over evil, right?
Government/Politics
Topic: Re: Torture Called Treatment -- Antrim County
Upnorthlife.com Forums
Page 3 of 5 (75 items) « 1 2 3 4 5 »
Posted by windex on 01-06-2009 5:23 PM
Another disappointment. His suggestion to me was to contact Kevin Elsenheimer, which I found amusing.
To: bart stupak
Sent: Saturday, February 02, 2008 10:05 PM
Subject: Fw: Havenwyck Hospital, Auburn Hills Michigan
Dear Mr. Stupak,
Thank you for responding to my email correspondence last fall regarding my son R. I also emailed the same information that I sent to you to the Michigan Bar Association and to Mike Cox. It has been several months and I have not had a reply from either of them.
I have also condensed our problem as much as possible and put it in writing in the following email. I intend to print and mail a hard copy of our information in case it somehow didn't go through and send it out again next week.
My son apparently is being made to register as a sex offender because of the Adam Walsh Act that was passed last year -apparently without debate - and will probably be on the public sex offender registry by 2009 unless some miracle happens and I can find someone to help us.
This law needs to be modified. It is terrible for the state to treat 10 year old children as though they were adults and aware of the consequences of their actions.
I had no idea that this law existed. I only found out after R had to register in July. [ It wasn't law when R committed his offense in 2003 - However, Antrim County is making him register quarterly for the rest of his life because he is now 14.]
While having my son removed from the sex offender registry is my main motivation, I also would like to see the Impulse Disorder Unit at Havenwyck shut down.
Nobody should have to experience what R had to endure at 11 years old. At least he had me looking out for him as much as I could.. Most of the boys are wards of the state and have nobody looking out for them. Their parents probably have no idea where their children have ended up - as guinea pigs.
If there is any way that you could get this to the proper person I would appreciate it. If not, please look into the Adam Walsh Act. A child should not be labeled as a predator for something they did at age 10.
P.S. from my original email to him regarding the illegal drugging of children.
P.S. Havenwyck is also experimenting with psychotropic drugs. According to R, who was deemed by the psychiatrist to not need any medication, a different doctor was assigned to the wing. This doctor placed R on Ritalin - then fooled with the dosage - one week on, one week off, etc. R also claimed that he messed with all of the kid's meds and had them all messed up. R also ended up with 18 cavities while in Havenwyck which I attribute to dry mouth from the Ritalin.
Posted by windex on 01-06-2009 5:33 PM
Michigan Protection and Advocacy - a misnomer or doublespeak .
IGNORED
Sent: Tuesday, March 18, 2008 8:40 AM
Subject: Havenwyck Hospital
I was referred to your agency by Karen Oliverius, North Country Community Mental Health
1-800-281-0481. She is currently looking into how this all came to be.
Havenwyck Hospital is also being investigated by the Department of human services based on my complaint to them regarding the inappropriate treatment my son was forced to participte in, as well as the unnecessary drugging of my child.
I am writing to you in an attempt to find a legal advocate for my now 14 year old son.
We were coerced into a guilty plea of Second Degree Criminal Sexual Conduct by the juvenile justice worker and prosecutor in order to free up funding for Havenwyck. R did not have an attorney representing him and that was a huge mistake on my part.
R was locked up in Havenwyck for 17 months and was subjected to inappropriate exposure to sex. He also was told that he is a sexual deviant and made to admit this as a part of his treatment.
Below, please find a brief account of our ordeal. There is a lot to the story, but it is easier for someone to read what occurred rather than me trying to explain the whole mess. Thank You.
Posted by windex on 01-06-2009 5:42 PM
Sent: Monday, December 22, 2008 6:57 AM
Subject: Medication Nation
* I have come the conclusion that nobody employed by Antrim County is interested in doing the right thing regarding my child. I am still being billed for $12,038 to the Child Care Fund. Because the books being kept by Antrim County appear to be all over the place, with the amount that I allegedly "owe" Antrim County for destroying my child's life changing one week to the next, how do I know that this is accurate? I will contact the State Child Care Fund in Lansing for clarification because I don't feel that I owe Antrim County ANYTHING! However, I will make token payments in the meantime to prevent being incarcerated for not paying up.
Because I am a member of the working class poor, every penny I have goes to provide for my children's basic needs and we can't afford an attorney. I have been forced to air our dirty laundry on the internet in hopes of finding some relief for my family and to warn others about Havenwyck. Adults are locking young boys up, forcing mind altering drugs down their throats, showing them pornography and forcing them to masturbate. THIS IS A CRIME!! Rather than arrest them, Antrim County sends them more victims and bills the parents.
So far, two websites have picked up our story. Please note all of the news articles regarding Psychiatric Solutions for profit facilies. People only die in those places, no big deal. I was hoping for an answer from you before Christmas, but the silence speaks volumes. Nobody cares unless there is money involved.
*
*
* Links
* Sierra Vista
* Videos
* Stories
* Psych Info
* Med InfoMedication Nation
Sierra Vista, owned by PSI Psychiatric Solutions, Inc.
Operation Awareness: Havenwyck Hospital program for youth sexual deviance
Havenwyck’s Impulse Disorder Program is a 26-bed licensed and secured residential program specifically designed for children and adolescents ages 11-17, with emotional and/or behavioral sex offending symptoms, which require them to be in a secure 24-hour supervised therapeutic sex offending setting.
Children and adolescents in the Impulse Disorder Program have been unable to function successfully at home, in school and in their social relationships. They are accepted into the program to develop a deeper understanding of themselves, their families, their sex offending problems; and to develop more healthy and adaptive behaviors. The youngsters attend Havenwyck’s state approved on-ground school.
The unique design of the residential program provides the most current “state-of-the-art” sex offender treatment techniques including; cognitive restructuring, relapse prevention, and covert desensitization therapies, as well as other innovative approaches.
Our objectives are to:
* Provide sex offender treatment resulting in freedom from sexual deviant behaviors
* Examine and modify patterns of deviant sexual arousal
* Develop victim empathy and remorse for their actions
* Develop an understanding of sexual offending as a mood-altering behavior
* Establish more positive anger management techniques
* Develop more social relationships skills
* Assist the families in being vehicles for change
* Discharge the individual to the least restrictive environment or home as soon as possible
The program facilitates a multi-disciplinary intensive sex offender treatment program which includes individual, group, psychopharmacology, family and activity therapies; as well as a variety of multi-disciplinary and substance abuse groups.
Eligibility Requirements
* Children & Adolescents 11-17 years of age
* Displaying sexually deviant behaviors
* Sex offending behavior is beyond the scope of outpatient treatment
* Adjudicated or non-adjudicated requiring a secure locked unit
FROM VICTIM TO PERPETRATOR TO VICTIM
WHY PREVENTION AND REAL TREATMENT SHOULD BE AMERICA’S FIRST PRIORITY TO STOP THE CYCLE AND END ABUSE.
This is an e-mail we received from a Mother living in Michigan. Only their names have been changed to protect their identities. Their story is a classic example of why the system is failing us all.
I’m writing to you regarding a situation involving my now 14 year old son, Ben. He was sexually abused at a young age and I had voluntarily placed him in treatment at age four because he was emotionally impaired as a result.
He also spent nine years in special education due to this impairment. This went well until his treatment was sabotaged by the CPS. This is important because the CPS built a case against my child over several years following this treatment.
Ben apparently was acting out sexually in the community and it was reported to the CPS.
Rather than notify me, Ben was repeatedly pulled from class and interrogated by the CPS. Since Ben was the one accused of wrongdoing, shouldn’t there have been a parent or attorney present?
In 2003 Ben touched his cousin through her underwear and threatened to kill her if she told anyone. Ben was barely 10 and my niece was 11. We didn’t find out about it until January 2004 and immediately sought counseling for Ben.
The juvenile justice/ CPS worker and the prosecutor told us that in order for the court to pay for the treatment, Ben would have to plead guilty to Second Degree CSC. They assured us that Ben’s record would be expunged when he turned 18 if he successfully completed treatment and stayed out of trouble. They also told us that it wasn’t necessary for Ben to have an attorney - we could have one - but it would only drag it out even longer.
Ben’s fingerprints, mug shot and DNA were taken.
As soon as Ben pled guilty, he was locked up in juvenile detention for four months before being sent to Havenwyck Psychiatric Hospital in Auburn Hills for 17 more months.
Havenwyck is a private hospital owned by Psychiatric Solutions Inc.
Medicaid wouldn’t pay for this treatment so Antrim County DHS, Probate Court and Community mental health picked up the tab. They made me pay child support and billed me weekly.
Ben was threatened by the juvenile justice worker that if he didn’t hurry up and finish treatment he would be sent to juvenile detention. She then felt the need to share with Ben that she used to be employed by Wackenhut and while working there, a group of boys dragged another boy into a room and sodomized him until his rectum fell out and he bled to death.
Treatment at Havenwyck involves torture and experimental behavior modification techniques.
Covert Taping - Ben was made to write a healthy script and a deviant script. These he read aloud into a tape recorder. When he became aroused, he had to break open an ammonia capsule and inhale deeply. Staff members listened to these tapes to make sure that he choked. That meant that he was doing it properly. Ben suffered horrible nosebleeds for months after he came home.
Plethysmographs - This is a test where the older boys were taken out of the facility. A ring with sensors is placed over the boys penis and they are shown sexually graphic material. Ben was too young to do this, but went out of the facility with two other boys and a staff member to act as chaperone.
This was necessary because a staff member named Mr. Ari was accused by a gay black boy of engaging in oral and anal sex with him in the bathroom of the facility where they do the plethysmographs.
This happened before Ben got to Havenwyck, yet Ben met Mr. Ari. That was because he was still working on the unit. He was transferred to another unit and eventually let go, but as far as Ben knows this was never investigated by the state.
Most of the boys in Havenwyck are wards of the state. Since Medicaid won’t pay for this, who is paying who?
Ben successfully completed treatment in January 2004. He was home for nine days when the juvenile justice worker called to inform me that Ben had to register as a sex offender by the next day or he’d be in trouble.
This was the first time we were informed that Ben would have to do this. Otherwise we would have had an attorney and never would have agreed to their deal.
We complied and tried to get on with our lives. There was never any documentation regarding the rules that Ben is supposed to follow.
The day that Florida Governor Jeb Bush deemed ammonia capsules to be torture, Ben was released from his strict probation without a hearing. The court order said nothing about him having to register quarterly for the rest of his life.
We have been trying to pick up the pieces and go on.
However on May 17, 2007 the state police showed up at our home and “apprehended” Ben for failing to register quarterly since he came home more than a year earlier.
The state trooper was confused by all of this and believed me when I told him that that was the first that I’d heard that Ben had to register. I have no documentation from Antrim County regarding the rules Ben is supposed to follow.
According to the paperwork the trooper showed me, Ben’s DNA isn’t on file. Antrim County took a cheek swab, so where is my child’s DNA?
There was also confusion as to why my son was sentenced so harshly.The only thing the trooper could think of was the fact that my niece was under the age of 13. She was 11 and Ben was 10 at the time of the incident.
The trooper then proceeded to take Ben’s palm prints on the trunk of his car in front of everyone. We live by the school and there was much traffic that day. He also went over the radio with Ben’s name, our address and failure to register CSC. Great .Even though Ben is only 14, he seems to have forfeited his right to privacy.
The trooper said he was going to write and fax his report to Antrim County that day because he wanted to clear up the confusion about the matter.
I waited for several weeks for Antrim County to contact me. We only had until July 15 to get him registered. When I didn’t hear from them, I called the trooper. He said that he specifically attached a memo for them to contact me as soon as possible.
He called Antrim County and they told him that prosecutor Mark Fett was going to look into this and would call me. He did, and I tried to ask him questions as to how and why this happened and how we were supposed to comply if we aren’t told what to do. He also told me that Antrim County decided not to press charges.
I asked about appealing my son’s conviction and he informed me that I would have to hire my own attorney. Unfortunately I can’t afford one.
Because I questioned this matter, Mr. Fett got very angry with me and he screamed at me, “I’m telling you now-Register your kid!” He then slammed the phone down in my ear.
I wanted Ben to be charged because we then could have had an attorney look at his case.
From what I have been able to figure out, Ben is subject to the Adam Walsh Act of 2007.
Since he committed his offense in 2003 at age 10, I don’t understand how this can possibly pertain to him. My father is a convicted sex offender, yet he doesn’t have to register because his crime was committed before there was a sex offender registry.
I feel that the CPS was building a case against Ben for years since his past behavior was a deciding factor in the decision to prosecute rather than help the kid.
My main questions are as follows :
1. Havenwyck was the only facility that would even take Ben because he was so young (barely 11) . Why was he sent there, especially since it is experimental? Ben’s therapist made reference to Pavlov’s dogs in open court and stated that the program had been in existence for less than 10 years.
2. Since the California Court of Appeals ruled last year that plethysmographs are “Orwellian” in nature, why are they using them on children who are wards of the state?
3. Why was Ben questioned repeatedly by the CPS without a parent or lawyer present while an elementary school student, then charged with a crime at a later date?
4. Is it legal to use ammonia capsules on children?
5. Why did the judge allow us to proceed without an attorney when there was going to be lifelong repercussions? It’s not fair that my child’s life is ruined because I made a bad decision.
Time is running out for us. We only have three years to file suit in Michigan and its already been more than 2 years. Are there any attorneys willing to take cases if the state is involved?
Ben never recieved the help he needed for being a victim of sexual abuse. Instead he was treated like some kind of monster and had his life ruined by people who should be helping kids.
Special thanks to “W” for allowing us to share her story. Unfortunately, their story is one that gets repeated over and over again in this country. When parents try and do the right thing and get their children help they find out that their’s and their child’s life is forever turned upside down and the child NEVER gets the help he or she needs. So, the cycle continues and many lives needlessly get destroyed in the process.
Sacbee Editorial: Sierra Vista: Time for explanations
Published 12:00 am PDT Monday, August 4, 2008
Story appeared in MAIN NEWS section, Page A18
Three hospitals in Sacramento form the psychiatric safety net for people in crisis. It’s a loose net with big holes largely because of the performance of Sierra Vista Hospital on Bruceville Road.
As The Bee’s Todd Milbourn reported Tuesday, Sierra Vista has one the worst patient mistreatment records of the 147 acute psychiatric hospitals licensed in California.
The hospital has piled up 111 violations since 2004. Three patients have died because of lapses by Sierra Vista doctors and staff since 2000, according to court records and government documents that Milbourn unearthed.
Read more »
* By wildhare
* August 4th, 2008
* Posted in News Articles
* 33 views
* Send feedback »
English (US)
Tags: abuse, hospital negligence, medication, psychiatry, sierra vista hospital, violence, wrongful death
Sacbee: Sacramento's VA hospital no longer sends patients to Sierra Vista for mental health treatment
Published 12:00 am PDT Friday, August 1, 2008
Story appeared in OUR REGION section, Page B1
Officials at a Sacramento veterans hospital are so troubled by conditions at a local psychiatric facility they no longer send patients there.
The Sacramento VA Medical Center referred 43 patients to Sierra Vista Hospital in 2007 for mental health treatment. But referrals have been halted since November, The Bee learned this week, when a veteran reportedly received shoddy care at the facility.
Robin Jackson, a VA spokeswoman, would not elaborate on what happened in that case, but she said the lapses were serious enough to suspend a long-standing relationship.
"We're waiting for assurances our veterans will receive high quality care," Jackson said. Until then, the VA sends patients needing inpatient mental health services to Sacramento's Heritage Oaks or a similar facility in El Dorado County.
Read more »
* By wildhare
* August 1st, 2008
* Posted in News Articles
* 36 views
* Send feedback »
English (US)
Tags: abuse, hospital negligence, medication, psi psychiatric solutions, psychiatry, sierra vista, va, veterans, violence, wrongful death
Chicago Tribune Reports: Riveredge owner served U.S. subpoena
By David Jackson | Chicago Tribune reporter
August 1, 2008
After a Tribune investigation that showed children were assaulted at the state's largest psychiatric hospital, the Justice Department has subpoenaed records from the facility's owner and from state child welfare officials.
The newspaper found that west suburban Riveredge Hospital left sexual predators unguarded despite allegations that at least 10 mentally disabled children were assaulted during the last three years. Hospital administrators and government authorities failed to share basic information as the violence imperiled those and other youth, the report showed.
The nature and scope of the federal investigation could not be determined Thursday. But previous government reports have raised concerns about the safety and legal rights of patients at the 210-bed facility, and about whether hospital administrators properly reported attacks to authorities. The subpoena is a demand for information, not a finding of wrongdoing. The company and its executives have not been accused of any crime.
Hospital owner Psychiatric Solutions Inc. acknowledged the subpoena in a short notice to investors Thursday morning. The company said it "intends to provide the requested information to the Department of Justice," but provided no further details.
Read more »
* By wildhare
* August 1st, 2008
* Posted in News Articles
* 61 views
* Send feedback »
English (US)
Tags: abuse, hospital negligence, medication, psi psychiatric solutions inc., psychiatry, violence, wrongful death
Sacbee: Sierra Vista Hospital expansion plan raises alarms
Last Updated 12:18 am PDT Tuesday, July 29, 2008
Story appeared in MAIN NEWS section, Page A14
The $8 million structure rising behind a south Sacramento psychiatric hospital offers concrete proof of the facility’s determination to become the region’s largest destination for people in mental health crisis.
Yet Sierra Vista Hospital has one of California’s worst patient mistreatment records, with 111 violations since 2004, ranging from understaffing to lax drug controls and failures to protect patients from violence, according to hundreds of pages of government inspections and court records reviewed by The Bee.
Such lapses are blamed for at least three patient deaths since 2000, most recently Steven Grant Burton, a Camino man who collapsed in his room Feb. 17 after the hospital failed to provide the respirator he needed while sleeping, according to a federal report obtained last week by The Bee.
Burton’s widow, Vickie, said she’s baffled regulators would even consider allowing construction of a new wing – adding 48 beds to the current 72 – in light of Sierra Vista’s history.
“How many more families will have to go through this?” she asked during a tearful interview at the office of her attorney, who is planning a wrongful death lawsuit.
Read more »
* By wildhare
* July 29th, 2008
* Posted in News Articles
* 32 views
* Send feedback »
English (US)
Tags: abuse, hospital negligence, medication, psychiatry, sierra vista hospital, violence, wrongful death
Chicago Tribune Reports: Hospital thwarts police inquiries; violence festered in silence
* Click the link to view a video of the story.
Paper’s findings spur changes in practices that left mentally disabled children exposed to attacks
By David Jackson | Chicago Tribune reporter
12:42 AM CDT, July 17, 2008
Illinois’ largest psychiatric hospital left sexual predators unguarded despite allegations that at least 10 mentally disabled children were assaulted during the last three years.
The youngest victim was an 8-year-old state ward admitted for evaluation after expressing suicidal thoughts.
Administrators at west suburban Riveredge Hospital and government authorities failed to share basic information as the savage violence left some youth worse off than when they arrived, a Tribune investigation found.
After the newspaper asked about the series of assault reports, the state Department of Children and Family Services last week stopped admitting wards to Riveredge—a punishment imposed on just three other psychiatric hospitals since 2004, records show.
Read more »
* By wildhare
* July 17th, 2008
* Posted in News Articles
* 31 views
* 1 feedback »
English (US)
Tags: abuse, hospital negligence, medication, psi psychiatric solutions, psychiatry, violence, wrongful death
Sacbee: Sierra Vista facility blamed for death
Published 12:00 am PDT Thursday, May 22, 2008
Story appeared in METRO section, Page B4
A patient at a south Sacramento psychiatric hospital died because of poor care, state regulators said Wednesday – the second wrongful-death case at the hospital in three years.
The California Department of Public Health fined Sierra Vista Hospital $25,000 in the case.
How the patient died – and who the patient was – remains unclear; the report released by the state is heavily redacted. And the hospital, owned by Tennessee-based conglomerate Psychiatric Solutions Inc., refused to comment.
The case follows the highly publicized death of Sierra Vista patient Ramona Knapp in 2005. The Sacramento County Coroner’s Office ruled that the 51-year-old Sacramento woman, who suffered from bipolar disorder, died in part as a result of “restraint asphyxiation” after an orderly forcefully pinned her down.
Read more »
* By wildhare
* May 22nd, 2008
* Posted in News Articles
* 44 views
* Send feedback »
1 2 >>
*
Psychiatry, medication, and abusive practices. Exposing the greedy underbelly of the Mental Health Services nightmare.
This is a site for action and information. Please feel free to register an account, you can also email the author by clicking the Contact link.
*
Contents
o Miami Herald Reports: Grand Jury Assails Florida Girls' Prison
o NAMI News: Hospital Struggle Results In Homicide
A 51-year-old woman, Ramona Knapp died Dec. 5, one day after struggling with medical staff at Sierra Vista Hospital "during an apparent excited delirium state,".
o Sacbee: Restraint death spurs advocates' questions
Mental health advocates on Thursday decried the asphyxia homicide of an Elk Grove woman in a Sacramento psychiatric hospital, saying it was the kind of death a 2003 state law was meant to prevent.
o Patient's death draws state, federal scrutiny
Federal and state authorities are determining whether to fine the south Sacramento psychiatric hospital where a patient's death was ruled a homicide after staff pinned her to the floor, officials said.
o Sacbee: State fines psychiatric hospital for mishandling drugs
A Sacramento psychiatric hospital was fined $25,000 Thursday by the state for giving one patient 10 times the suggested dose of the wrong medication, records show.
o Sacbee: Sacramento psychiatric hospital fined $25,000 for medication error
A Sacramento psychiatric hospital that gave a patient 10 times the suggested dose of the wrong medicine was fined $25,000 Thursday, joining one other psychiatric institution and nine hospitals facing penalties statewide.
o Sacbee: Sierra Vista facility blamed for death
A patient at a south Sacramento psychiatric hospital died because of poor care, state regulators said Wednesday – the second wrongful-death case at the hospital in three years.
o Chicago Tribune Reports: Hospital thwarts police inquiries; violence festered in silence
Illinois' largest psychiatric hospital left sexual predators unguarded despite allegations that at least 10 mentally disabled children were assaulted during the last three years.
o Sacbee: Sierra Vista Hospital expansion plan raises alarms
The $8 million structure rising behind a south Sacramento psychiatric hospital offers concrete proof of the facility's determination to become the region's largest destination for people in mental health crisis.
o Chicago Tribune Reports: Riveredge owner served U.S. subpoena
After a Tribune investigation the newspaper found that west suburban Riveredge Hospital left sexual predators unguarded despite allegations that at least 10 mentally disabled children were assaulted during the last three years.
o Sacbee: Sacramento's VA hospital no longer sends patients to Sierra Vista for mental health treatment
Officials at a Sacramento veterans hospital are so troubled by conditions at a local psychiatric facility they no longer send patients there.
o Sacbee Editorial: Sierra Vista: Time for explanations
As The Bee's Todd Milbourn reported Tuesday, Sierra Vista has one the worst patient mistreatment records of the 147 acute psychiatric hospitals licensed in California.
o Welcome!
o Civil Cases in Sacramento County
o Sacbee: Roseville assemblyman fights psychiatric hospital expansion
A state assemblyman is trying to block the expansion of troubled Sierra Vista Hospital in Sacramento, despite arguments that the region is facing a critical shortage of beds for psychiatric patients.
o Update!
o Sutter Health still uses barbaric out-dated treatments: Electroconvulsive Therapy
Electroconvulsive therapy (ECT) is a procedure used to treat severe depression. It may be used in people with symptoms such as delusions, hallucinations, or suicidal thoughts or when other treatments such as psychotherapy and antidepressant medications have not worked.
o PSI has stock increase despite reported violations!
o How do corrupt corporations play politics?
o Sacbee: Autopsy clears Sierra Vista in patient death
A Camino man's death at Sierra Vista Hospital earlier this year occurred from natural causes, an autopsy report shows, and apparently not as a result of poor care at the troubled psychiatric center.
X
X
Posted by windex on 01-06-2009 10:06 PM
I was able to find an expert on Michigan's sex offender registry and this is what he had to say.
Now, you really need to put your thinking cap on because the law that explains what your son is supposed to do regarding registration, also talks about the petitioning process, and it is confusing which is why color coding the statute to show you what is applicable -up until the petitioning process decision is made- AND -what is applicable after the petitioning process decision is rendered by the judge-, is necessary. Then there is a trickier part, read below. OK, here goes:
What we have found -in Michigan Statute- is, that your son is required to REGISTER ONCE when he was convicted (which you have already done) and then NOT AGAIN until he is 18, UNLESS he changes his address which then requires him to report -in person- every change of address WITHIN 10 days. (SEE ALSO WARNING/CAUTION following this statute)
Michigan Statute: 28.725a Notice to registered individual; explanation of duties; reporting requirements.
subsection: (5) The continued reporting requirements of this section following initial registration do not apply to an individual convicted as a juvenile of committing an offense described in section 8c(15)(a) or (b) committed by the individual when he or she was less than 17 years of age, except that the individual shall report a change in his or her residence within this state or to another state as provided in this section within 10 days after the change of residence is made. If the individual fails to file a petition under section 8c before he or she becomes 18 years of age, or if his or her petition is denied by the court, the individual shall report as otherwise required under this section.
WARNING/CAUTION:
The grey area is where things get really tricky because your son’s age and offense require him to petition WITHIN 3-Years of his release from probation (i.e., petition before 5-30-09), which means he will be petitioning BEFORE he is even near 18 years old.
Here is the trick, the grey area requirements OVERRIDE the yellow area requirements, if the judge –as part of his decision denying the petition- requires your son to register annually or every quarter (the judge controls this). Then you MUST follow the judge’s order. Of course, if the judge grants the petition then no more registration, but get a copy of that judge’s order and keep it forever.
The grey area also covers, "if you FAIL to file a petition" "the individual shall report as otherwise required under this section." (see underlined above). That means, if your son DOES NOT file a petition by 5-30-09 THEN he follows the yellow area requirements until he is 18 years old, and once he turns 18 he must follow the rules like everyone else with his type of conviction which is quarterly registrations..
That explains what we found reviewing the laws using your son’s circumstances, however, remember we are not lawyers so no one is going to believe us. So, we asked someone who works for the state and they would not answer us, instead, referring the question to a lawyer. We wondered why because it is really quite clear to folks who regularly read these laws.
Being perplexed we also decided to review all the forms used by the state to notify registrants of their duties as required by the registry laws. That is when we realized that the state has never informed juveniles -such as your son- of their requirements; never, not one! That would explain why the prosecutor dropped the charges against your son, he didn’t want to have this revealed (OUR GUESS, no real proof).
The state doesn’t have any PUBLISHED way to handle this today, which explains why our friend (the one working for the state) is not willing to put their name on this, instead referring us to a lawyer. What this amounts to is an undisclosed error on the part of the state.
So, now the question is, are you willing to assert your son’s rights under this law? If so, it is likely there will be objections from possibly the prosecutor. If so, then are you willing to stand in court and tell the judge to explain why he must register quarterly BEFORE he is 18? I guess what I am saying is, are you ready for this because it is going to take you making a stand and forcing them to prove you wrong.
Now, if so, then I do have an idea of how –I think- you can do this using three letters which will force them to answer why quarterly registration is supported by some other law, other than what is above. I seriously doubt they will be able to support what they claim. Now, there is also a possibility they will ignore you, at which point a lawyer would have to take over to force them into court, no way around it.
At one point you said, well what if I just don’t register quarterly; which is a possibility. That would be a mistake and would be showing contempt for the law, a judge would not like that and likely would rule against you forcing you to appeal to get relief. I do not suggest that although it would get you in court.
What I need from you now is, an answer on whether or not you want to try the letters route? Understanding there is no guarantees either. Please respond and I will then set them up for you if you wish to try that meth
PS: There will be an expense involved to mail those letters via "registered mail return receipt requested" so that you have proof they have received the letters. I do not suggest any other method of mailing them; force them to sign for them.
Posted by windex on 01-07-2009 2:31 PM
News article regarding Ms. Barbara Cross, the courts "expert" witness on sexual abuse. Her comments are nearly verbatim to what she wrote in her erroneous report for the court regarding my son.
She documented a child in our family that doesn't exist .( Jeremy Jr. age unknown)
And she stated that my son must have witnessed adult sexual activity, etc.
.
"There is little doubt that he has either viewed pornography, witnessed adult sexual activity or been directly molested as he claims."
Did we really need to pay someone to tell us what we have known for years?"
Everyone had to get a piece of the pie and benefit from our misfortune.
And how much did she get for this?
According to Ms. Little, Havenwyck was the only place that would take my son because of his young age (barely 11 ) and that there was no other treatment available.
However, upon my son's release he was made to do aftercare with Ms. Cross for several weeks in an outpatient group setting.
This was a repeat of the brainwashing from Havenwyck, sans plethysmographs and ammonia capsules.
Posted by windex on 01-07-2009 2:40 PM
8/28/2005
By children, against children
Young abusers challenge a system more oriented to adults
By BECKY KALAJIAN
Special to the Record-Eagle
On the way to the hospital late one night last November, Jackie had a choice.
Her 13-year-old son, James, sat next to her, dark and silent. The tension was palpable, heavy, ugly. Hours before, a suicidal James had confessed to molesting his 4-year-old sister and now Jackie wanted to know exactly how many times it had happened.
Her heart raced at the thought of her little girl helpless even one time at the hands of her older brother. She could hardly bear it.
As the minutes and miles ticked by, Jackie could stand it no longer. She asked James again how many times it had happened.
"Fifty times," he said, his head in silhouette against the darkened window.
At that moment, Jackie made a conscious, concerted decision to not kill her son, she said.
"As much as I love my own children, when he said that number I just wanted to drive faster and push him out the door," said Jackie, a working mother of seven who lives in Leelanau County. "I wanted to stop and physically hurt him because I could not comprehend that number."
Jackie wanted her last name included in this story because she feels it is important for her story to be heard. However, the Record-Eagle generally does not identify victims of sexual abuse or minors who are charged with crimes, and using her last name here would give away the identity of both. James is not the boy's real first name.
It's been 10 months, though, and Jackie still sobs as she relates the story. She still blames herself for not seeing the signs that are so apparent to her now: the 4-year-old wetting the bed after being potty trained for months and suddenly using her lip as a pacifier; the pornographic pop-ups that surfaced on the family's computer.
But she trusted her older children to be responsible for baby-sitting the youngest three while she and her live-in partner worked during the day. She figured she had no reason to worry. Aunts and uncles lived close in case of trouble; her job was less than a mile away.
"Because the children are accountable all of the time, I just assumed that things like this happened in homes where parents aren't really parents," she said. "But people think it will never happen to them."
In Grand Traverse County, 76 juvenile sex offenders under the age of 18 -- some as young as 8 -- have been prosecuted since 2000. The year James confessed, eight other families were on the same path.
The statistics jump around from year to year, revealing no pattern. In 2002, six cases were reported; in 2003, it was 22. This year is tracking at a relatively high rate, with 15 cases reported so far, according to county records.
Beyond just the numbers, the statistics tell a sad story about how abuse starts. According to county probation officers who profile each offender, most were molested themselves by someone they know -- often a relative or someone they live with. Such victims can morph into predators, often targeting a younger family member.
"It is extremely rare to have stranger sexual offenses among this age group," said Mike Stein, director of court services for the 13th Circuit Court, family division. "It's different than the adult world."
Children who molest have commonalties that transcend racial, religious and socio-economic backgrounds. Typical traits include low self-esteem, verbal abuse and learning disabilities, with some sexual impropriety in their background, experts say.
Children who are offending or have been victimized exhibit common behaviors, as well. Older children who mimic sexual activity should be watched closely.
"What I have found is any child who is acting out sexually has either observed adult sexual activity, viewed pornography, or has been abused sexually," said Barbara Cross, director of Maple Clinic in Traverse City.
That is not to say that any two kids playing doctor is a cause for alarm, she said.
"Playing doctor between a 3- and 4-year-old is much different than a 14-year-old with an 11-year-old," she said.
One of the most shocking aspects of juvenile sex offenses is the fact that they are most likely to occur at home. Cross said the home can be a petri dish for a burgeoning juvenile sex offender.
"The parents must be hyper-vigilant with their boundaries," she added.
Abusers are statistically men. And it can start with grandpa, a stepfather or father.
"Stranger abuse is rare," said Cross, who has treated hundreds of offenders over her 25-year career. "It's almost always somebody the child knows."
In James' case, it is believed his childhood experiences led to his repulsive adolescent behavior. His alcoholic father abandoned him and his three siblings, after which his mother bonded with another man, bearing three of his children.
Besides the emotional roller coaster James was on, he was free to roam Internet pornographic sites while his unsuspecting mother worked.
While both his mother and Cross say that is no excuse for what he did to the 4-year-old, the petri dish was ripe for the awful events that occurred.
From the intense exposure to porn, James had begun to objectify people. That's a key development in changing the offenders' world view, said Cross, who points to American culture as one that sexualizes many things.
"Internet pornography, commercials, Cinemax showing nudity at 8 p.m. -- our morality has been broken down," she said. "If kids see a lot of these things, they begin to see people as objects."
Objectifying victims gives the offender emotional detachment from the crime. Feeling powerful and in control fuels the fire -- and once those pictures are "in their head, they can't get them out," said Cross.
The therapeutic process, then, works diligently to peel back these damaging layers by first demanding accountability of the offender. The aim is to bring on a sense of shame and consciousness about their crimes, leading eventually to empathy.
It is a long process, taking up to two years of court-ordered group therapy during which offenders prosecuted in Grand Traverse County will often live in foster care with occasional family visitation.
James' case is different. As a Native American, he was subject to a separate court that ordered him to be placed in residential treatment away from the community. He is living downstate in a unit with 14 other boys, undergoing intensive therapy while attending school.
His mother says he is doing well. The change in James has been noticeable since that dark night he left their family.
"He seems lighter on his feet, like there's been a weight lifted from his shoulders," said Jackie, who visits her son every Sunday.
Since his departure, James has been home twice under the supervision of a family coordinator. There has even been a tearful reconciliation with the 4-year-old's father, with whom James was close enough to have called him "Dad."
As for the 4-year-old, Jackie said she was in counseling for a while and is "doing a lot better because she trusts it won't happen again."
"She misses James and wants to see him," she said, adding that her younger children, all under 7, are closely supervised by adults and relatives now when she works.
It will be a long time before James rejoins his family and community -- another year at least. But during that time, Jackie knows that she needs to keep talking about what happened and not keep it hidden.
"The more it's kept quiet, it stays a dirty little secret," she said. "And if we're not talking about it, we're not dealing with it."
Posted by windex on 01-08-2009 12:30 AM
deleted
Posted by windex on 01-08-2009 1:08 AM
Home Directories
Rankings
Journals
Forums
Resources
Maps
About Us
Login Register
Find Judge or Nominee
Search
Censor Level:
Welcome Guest
Home->Main Forum->State and Other Courts->Michigan->Judiciary->Antrim County->Cases of Interest->Other Cases->Antrim Cty Building Official Convicted of State Construction Code Violations
Topic
Guest
2008-10-04
11:03:22
Antrim Cty Building Official Convicted of State Construction Code Violations
Antrim County Commissioners Again Try to Pay Off the Fired Building Official- Record Eagle 6/26
Published: June 28, 2008 09:42 am
Antrim County may pay official's legal fees
Building inspector was convicted of code violations
By VICTOR SKINNER
BELLAIRE -- Antrim County officials are expected to revisit the possibility of paying legal expenses for a former county building official who was convicted of misdemeanor state construction code violations.
On July 3, the county's Administration and County Services Committee will discuss their insurance provider's 2005 decision to not pay legal bills for former building inspector Arlen Turner.
Turner at the time faced felony conspiracy and corruption charges.
"We were told that without a doubt they wouldn't have represented him and now we are being told they could have," said Commissioner Laura Stanek, who serves on the committee with commissioners Michael Crawford and Jerroll Drenth.
"What they are telling us now and what we were all told back then doesn't jibe. I guess I want to know why," she said.
Turner, of Star Township, was sentenced in September 2005 to two years of probation and community service for his conviction on three misdemeanor counts following a series of trials that resulted in a hung jury on the felony charges.
Charges stemmed from allegations that the building department, under Turner's leadership, improperly granted permits to homes that later required hundreds of thousands of dollars in repairs.
Turner, 71, also was accused of writing false citations, and allowing an unlicensed builder to use another contractor's license to build homes for sale. Turner was fired in July 2004.
The county board briefly considered paying up to $75,000 of Turner's legal fees in 2005, but did not vote on the issue after speaking with its insurance provider, officials said.
County board Chairman Jack White raised the issue again this month at a committee meeting, prompting a conference call between county officials and their insurance company, White and county Coordinator Peter Garwood said.
"They were just asking what criteria was used on deciding not to pay for someone's defense. They were also trying to clarify whether or not (reimbursement) was a possibility if the board decided to do it," said Garwood, who attended the conference call.
"I can't hardly figure how you could hire a man and not protect him," White said.
Any reimbursement would come from the county's insurance fund and the county would be required to repay it with money from public coffers, Garwood said.
The county board must approve the reimbursement if the committee votes to move ahead with aid for Turner.
From Letters to the Editor posted in Record Eagle 6/27/08:
Issue surfaces -- again
The Antrim County Board of Commissioners is again considering reimbursing Mr. Arlen Turner for legal fees he incurred during several trials for malfeasance in office.
He was discharged from his position (director of the Antrim County Construction Code Enforcement Department) for cause several months after refusing to cooperate with county officials as they attempted to correct major deficiencies identified by inspectors early in 2004. Mr. Turner was subsequently convicted of several job-related misdemeanor crimes.
Mr. Turner requested that Antrim County reimburse him for his legal expenses associated with the trials mentioned above. The Antrim Board of Commissioners chose to take no action while legal proceedings against Mr. Turner were in progress. Following his conviction, the board decided not to reimburse any of his legal expenses (estimated in 2005 to have been approximately $150,000).
As a direct result of Mr. Turner's misdeeds, the state of Michigan seized the county's Construction Code Enforcement Department and ran it for more than six months. The cost to Antrim County, in lost revenue and additional manpower, exceeded $500,000!
Equally troublesome, a number of county residents suffered needless expense because of inadequate inspections and/or follow-up during Mr. Turner's term as director -- Antrim never reimbursed those losses.
Robert K. McLeod
Venice, Fla.
The writer was an Antrim County commissioner from 1997 to 2006. He has served as chairman of the administration and county services committee.
From Letters to the Editor posted in Record Eagle 6/27/08:
Issue surfaces -- again
The Antrim County Board of Commissioners is again considering reimbursing Mr. Arlen Turner for legal fees he incurred during several trials for malfeasance in office.
He was discharged from his position (director of the Antrim County Construction Code Enforcement Department) for cause several months after refusing to cooperate with county officials as they attempted to correct major deficiencies identified by inspectors early in 2004. Mr. Turner was subsequently convicted of several job-related misdemeanor crimes.
Mr. Turner requested that Antrim County reimburse him for his legal expenses associated with the trials mentioned above. The Antrim Board of Commissioners chose to take no action while legal proceedings against Mr. Turner were in progress. Following his conviction, the board decided not to reimburse any of his legal expenses (estimated in 2005 to have been approximately $150,000).
As a direct result of Mr. Turner's misdeeds, the state of Michigan seized the county's Construction Code Enforcement Department and ran it for more than six months. The cost to Antrim County, in lost revenue and additional manpower, exceeded $500,000!
Equally troublesome, a number of county residents suffered needless expense because of inadequate inspections and/or follow-up during Mr. Turner's term as director -- Antrim never reimbursed those losses.
Robert K. McLeod
Venice, Fla.
The writer was an Antrim County commissioner from 1997 to 2006. He has served as chairman of the administration and county services committee.
Link to this post
Add Case Notes
Report this post to Administrator
Posts
REPLY
Home->Main Forum->State and Other Courts->Michigan->Judiciary->Antrim County->Cases of Interest->Other Cases->Antrim Cty Building Official Convicted of State Construction Code Violations
United States Supreme Court1st Circuit Courts2nd Circuit Courts3rd Circuit Courts4th Circuit Courts5th Circuit Courts6th Circuit Courts7th Circuit Courts8th Circuit Courts9th Circuit Courts10th Circuit Courts11th Circuit CourtsD.C. Circuit CourtsFederal Circuit CourtsOther Federal CourtsAlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawai'iIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirgin IslandsVirginiaWashingtonWest VirginiaWisconsinWyoming
Posted by windex on 01-08-2009 1:34 AM
delete
Posted by windex on 01-08-2009 1:44 AM
In case anyone is confused, I'm just try to make the point that it depends who you are.
I am tired of being made to feel as though we are less deserving of legal protection because we are poor.
It doesn't seem fair that our lives are ruined because we were ignorant of the law.
It was the duty of the juvenile justice worker to explain the consequences of a guilty plea. Because she once again failed to do her job it has become our problem.
Remember that my child was tried without legal representation and now it is too late for court appointed counsel.
There isn't anyone to make things alright and go away for us.
These officials knew the laws that they swore to uphold and broke these same laws.
It seems like in every instance there was little or no consequences for the officials and their relatives involved in these scandals.
How can a cop show up for work drunk driving and not be tried for OUIL?
They seem to get preferential treatment..
If you don't get in trouble, you didn't do anything wrong. right?
The two county commissioners who ignored me seemed to want to help Mr. Turner.
I can't understand why they don't care about the thousands of dollars wasted on Havenwyck, but worry about Mr. Turner's legal expenses.
Posted by windex on 01-08-2009 11:13 AM
To: Mike Cox
Sent: Friday, February 01, 2008 8:24 AM
Subject: Fw: Juvenile Sex Offenders Antrim County Michigan
I emailed a similar account of our story to this address several months ago. Since I haven't heard anything from your office, I thought that it may not have gone through for some reason. This is a brief summary - there's much more to this mess. Thank you for your time.
Posted by windex on 01-08-2009 10:42 PM
This is new this year - published minutes of our county commission meetings. They were quite vague until now as to what was discussed.
"Various matters" tells me very little.
I have been checking to see if our situation was ever mentioned.
ANTRIM COUNTY BOARD OF COMMISSIONERS Thursday, January 3, 2008
Laura Sexton, County Clerk called the meeting to order at 9:00 a.m.
Present: Jerroll Drenth District #01
Eugene Dawson District #02
Larry Bargy District #03
David Howelman District #05
Michael Crawford District #06
Laura Stanek District #07
Bernard Blackmore District #08
Joseph Allen District #09
Absent: Jack White District #04
The Pledge of Allegiance was given.
The Clerk requested Public Comment. There was none.
The Clerk appointed Peter Garwood as teller.
The Clerk requested nominations for Chairman. Bernard Blackmore nominated Jack White. Michael Crawford nominated Laura Stanek.
The results of the vote for Chairman were as follows:
Jack White 5
Laura Stanek 3
Jack White was declared Chairman
The clerk requested nominations for Vice Chairman. David Howelman nominated Laura Stanek.
It was moved by Bargy, seconded by Drenth that the nominations be closed and a unanimous ballot be cast for Laura Stanek for Vice-chairman. Motion carried all members present voting yes.
Laura Stanek was declared Vice-chairman.
In the absence of elected Chairman, Jack White, Vice Chairman Laura Stanek assumed the Chair.
It was moved by Blackmore, seconded by Dawson the regular meeting date of the Board of Commissioners be the 2nd Thursday of each month at 9:00 a.m. Motion carried by a yea and nay vote as follows: Yes – Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – White
RESOLUTION #01-08 by Bernard Blackmore, seconded by Joseph Allen
WHEREAS, Antrim County desires to comply with the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the Family and Medical Leave Act of 1992 in all entities:
BE IT THEREFORE RESOLVED that, Antrim County shall comply with the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and the Family and Medical Leave Act of 1992 in the employment and retention of personnel, and all other phases pursuant to
these Acts, and affirms its policy prohibiting discriminatory practices, policies, and customs that violate the rights of any citizen or lawful permanent resident of the United States on the basis of race, color, national origin, religion, creed, sex, age weight, height, marital status, or physical disability and/or ability and hereby adopts a broadened policy encouraging participation of minorities, the handicapped, and the disabled as much as currently permitted by Michigan Proposal #2 as passed by vote of the people of Michigan at the November 7, 2006 General Election.
Yes – Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen;
No - None
Absent – White.
RESOLUTION #01-08 DECLARED ADOPTED.
RESOLUTION #02-08 by Bernard Blackmore, seconded by David Howelman
WHEREAS, Public Act #344 of 1982 changes and extends the procedures under which the Board of Commissioners must make the report of its meetings available to the public, and,
WHEREAS, the Antrim County Board of Commissioners intends to continue the procedure under which it is currently making the report of its meetings available to the public;
BE IT THEREFORE RESOLVED that, pursuant to P.A. 344 of 1982, the Antrim County Board of Commissioners will direct the County Clerk to make a report of each session of the Board available as soon as possible after each session in the Office of the County Clerk for public inspection and copying without charge, and
BE IT FURTHER RESOLVED, that, pursuant to P.A. 344 of 1982, sec. 9c, copies of the report of each session will be mailed upon request without charge, and
BE IT ALSO FURTHER RESOLVED that, it be advertised in the County newspapers that the report of each open session is available from the Office of the County Clerk without charge;
BE IT ALSO FURTHER RESOLVED that, the County Board minutes be posted on the Antrim County web site when available after date of approval.
Yes - Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen.
No - None;
Absent – White.
RESOLUTION #02-08 DECLARED ADOPTED.
RESOLUTION #03-08 by Bernard Blackmore, seconded by Eugene Dawson
WHEREAS, Michigan P.A. 156 of 1851, as amended, confers on Board of Commissioners the following power “…require a county officer whose salary or compensation is paid by the County to make a report under oath to the County Board of Commissioners on a subject connected with the duties of that office..”,
BE IT THEREFORE RESOLVED that, the following county officers be required to make a 2007 Annual Report in the form stipulated by the Board of Commissioners by the second Thursday in May, 2008; Prosecuting Attorney, Sheriff, County Clerk, County Treasurer, Register of Deeds, Probate Judge, Abstractor, Coordinator/Planning Director, Building Official, Animal Control Officer, ACT Director, Drain Commissioner, Airport Manager, MSU Extension Director, Housing Director, Medical Examiner, Commission on Aging Director, Emergency Services Coordinator, Meadowview Apartments Manager, and Veterans’ Counselor; and also the following Departments: Antrim-Kalkaska Community Mental Health, Meadowbrook Medical Care Facility, and Family Independence Agency.
BE IT ALSO FURTHER RESOLVED that, each report last not more than fifteen (15) minutes.
Yes – Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen;
No - None;
Absent – White.
RESOLUTION #03-08 DECLARED ADOPTED.
It was moved by Allen, seconded by Dawson the Antrim County Commissioners’ Procedures as approved on April 13, 2000 and amended on February 8, 2001, February 14, 2002, November 14, 2002 and February 9, 2006 continue to be used in the year 2008. Motion carried by a yea and nay vote as follows: Yes – Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent – White
RESOLUTION #04-08 by Bernard Blackmore, seconded by Joseph Allen
WHEREAS, under generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Department of Treasury – State of Michigan, all Antrim County expenditures shall have prior approval of the governing body, and
WHEREAS, it has been determined by audit that Antrim County shall comply with this accounting standard,
BE IT THEREFORE RESOLVED, that all Antrim County expenditures in General Fund Type, Special Revenue Fund Type, Capital Projects Fund Type, and Enterprise Fund Type funds be approved for 2007 at the monthly meeting of the Antrim County Board of Commissioners with some exceptions, and
BE IT FURTHER RESOLVED the following expenditures be considered the exceptions and be considered approved by passage of this Resolution:
1. Special Revenue Fund types for which the payment approval has been designated
to another board or agency either by law or by action of the Board of Commissioners including but not limited to Meadowbrook Operating Fund, Road Commission, Veterans Affairs, Child Care, Register of Deeds Automation, Meadowview Operating, Commission on Aging, and other similar Funds.
2. Special Revenue Fund types that involve grant agreements including but not
limited to Housing grants, Parks grants, Emergency Services grants, Dial-a-ride grants, Law Enforcement grants, Commission on Aging grants, and other similar Funds.
3. Appropriations to other Agencies as designated in the current year’s budgets.
4. Any payroll and related fringe benefit expenses.
5. Expenditures which lack of timely payment results in late fees including but not limited to utilities, credit cards, and other similar expenses.
6. Contractual obligations including but not limited to trash removal, plowing, construction projects, computer services, maintenance contracts, insurance and other similar expenditures.
7. Any expense which the Chief Administrative/Fiscal Officer deems, due to circumstances, should be paid immediately, such expense to be signed as approved by the Chief Administrative/fiscal Officer.
Yes – Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen;
No - None;
Absent – White
RESOLUTION #04-08 DECLARED ADOPTED.
RESOLUTION #05-08 by Bernard Blackmore, seconded by Joseph Allen
BE IT HEREBY RESOLVED the Antrim County board of Commissioners hereby adopts the following institutions and their subsidiaries as depositories or services of Antrim County funds for the year, 2008:
Alden State Bank
Bay Winds Federal Credit Union
Citizens Bank
Charlevoix State Bank
Huntington Bank
National City Bank
Fifth Third Bank
J.P. Morgan Chase & Co.
Bank One
LaSalle Bank
Flagstar Bank – Bank of America Corp
Comerica Bank
Republic Bank
Fifth Third Securities, Inc
First Federal of Northern Michigan
MBIA-Municipal Investors of Michigan CLASS
Merrill Lynch
Citigroup
UBS Financial Service Inc
Yes – Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen;
No - None;
Absent – White
RESOLUTION #05-08 DECLARED ADOPTED.
RESOLUTION #06-08 Bernard Blackmore, seconded by David Howelman
WHEREAS, pursuant to the provisions of Act No. 20 of the Public Acts of Michigan of 1943, as amended, (“Act 20") the Board of Commissioners of the County of Antrim may authorize the County Treasurer to invest County funds in certain investments: and
WHEREAS, this board wishes to authorize such investments as are permitted by Act 20; and
WHEREAS, section 5 of Act 20 requires this Board of Commissioners in conjunction with the County Treasurer to adopt an investment policy which complies with the provisions of Act 20; and
WHEREAS, the County Treasurer has submitted a proposed Investment Policy which complies with provisions of Act 20;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF ANTRIM as follows:
1. The County Treasurer is authorized to invest funds of the County of Antrim in
investments authorized by Act 20.
2. The Investment Policy attached hereto as Appendix 1 is approved and shall take
effect on January 1, 2008 (See pages).
3. Before executing an order to purchase or trade the funds of the County of Antrim
a financial intermediary, broker, or dealer shall be provided with a copy of the County’s
Investment Policy and shall acknowledge receipt of the Investment Policy and agree to
comply with the terms of the Investment Policy regarding the buying or selling of
securities by executing the form attached as Appendix 2.
4. The County Treasurer is authorized to rely on the continuing effect of this
resolution until and unless it is specifically amended or rescinded by a future resolution of
the Board of Commissioners.
5. This resolution shall be effective retroactive to January 1, 2008
Yes – Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen;
No - None;
Absent – White.
RESOLUTION #06-08 DECLARED ADOPTED.
RESOLUTION #07-08 by Michael Crawford, seconded by Eugene Dawson
BE IT HEREBY RESOLVED that the Antrim County Board of Commissioners provides all of the following for taxes paid before May 1 in the first year of delinquency for the homestead property of a senior citizen, paraplegic, hemiplegic, quadriplegic, eligible serviceman, eligible veteran, eligible widow, totally and permanently disabled, or blind person, as those persons are
defined in Chapter 9 of the Income Tax Act of 1967, 1967 PA 281, MCL 206.501 to 206.532, if that claimant presents a copy of the form filed for that credit to the County Treasurer, and if that claimant has not received the credit before March :
(a) Any interest, fee, or penalty in excess of the interest, fee or penalty that would
have been added if the tax had been paid before February 15, is waived,
(b) Interest paid under subsection 91 of section 89(1)(a) is waived unless the interest
is pledged to the repayment of delinquent tax revolving fund notes or payable to
the county delinquent tax revolving fund, in which case the interest shall be
refunded from the general fund of the county.
(c) The county property tax administration fee is waived.
BE IT FURTHER RESOLVED that the Antrim County Board of Commissioners approves the following:
(a) The treasurer of the local tax collection unit shall indicate on the delinquent tax
roll if a 1% property tax administration fee was added to taxes collected before
February 15.
(b) The fees authorized and collected under this section and credited to the delinquent
property tax administration fund shall be used by the Department of Treasury to
pay expenses incurred in the administration of this act.
(c) The county property tax administration fee shall be used by the county to offset
the costs incurred in and ancillary to collecting delinquent property taxes and for
purposes authorized by section 87b and 87d.
Yes - Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen;
No - None;
Absent – White.
RESOLUTION #07-08 DECLARED ADOPTED.
It was moved by Howelman, seconded by Allen that the 200 leave days due to Jack Patton on his employment anniversary date and the pay for which would be reimbursed to him upon retirement be reimbursed to him upon his retirement date of January 31, 2008 which is three days before his anniversary date and that this action is not to be considered as setting a precedent. Motion carried by a yea and nay vote as follows: Yes – Drenth, Dawson, Bargy, Howelman, Crawford, Stanek, Blackmore, Allen; No – None; Absent - White
It was announced that the 2007 Public Works Committee would meet on January 9, 2008 at 2:00 p.m.
The 2007 Finance Committee will meet January 7, 2008 at 9:00 a.m. to examine the Claims and Accounts.
Gene Dawson commented that Andy Hayes of the NLEA would like input from the Board of Commissioners on offering representation on the NLEA board to members of the Indian Tribes. The matter was tabled for further investigation.
David Howelman requested changes to the membership of some of the committees. The matter was referred to the Chairman.
The Sheriff and Coordinator/Planner commented on the fact that we have invoices for cell phone services from All Tel but have no service or phones yet. The matter was referred to the Coordinator/Planner.
Public Comment: Barb Bradford commented on the Master Plan and suggestions for disposal of solid waste.
The meeting adjourned at 10:10 a.m. to the Call of the Chair.
Posted by windex on 01-09-2009 3:50 AM
This is Grand Traverse County CPS worker Irene Stuart's list of contacts leading up to her illegal attempted abduction of my children in 1999 using the Binsfeld Legislation as grounds.
Why was Lansing and Jack Crandall all over my case ?
The abuse I witnessed and reported occurred in April . The Binsfeld Legislation went into effect July 1,1999 and I was charged July 30, 1999.
NOTE : Somebody was using Judge John Foresman's rubber stamp. I have never seen the man , but his rubber stamp signature is on all of the documentation.
I lived at Le Grande Vue apartments in Traverse City. It had a one way drive and I had a clear view of the road. Every time I saw a green State of Michigan car I would grab infant S and hide in the closet furthest from the door and hope she didn't cry.
Grand Traverse County Health Department nurse Jamie Beck will testify to this, as she would announce herself when she came to my home or I wouldn't answer.
Timeline 1999 excerpt
August 28, 1999: W called the state police to report neighbor kicking her six year old son. Trooper Mahalik responded and took a report.
(Trooper Mahalik was present at the removal of our child J's half siblings . The Grand Traverse County CPS refused to investigate the deplorable conditions and the state police and the CPS from Lansing had to come up here and do their job for them. Trooper Mihalik said that there are photos of several five gallon buckets of human waste, as well as the rotting deer carcas hanging in the bathroom, no electricity or water, etc...)
August 18 : W called CPS to report a neighbor who was passed out, leaving her 4 year old son ( who has a history of fire starting) unattended and hungry.
Another neighbor removed a lighter from the child and tried for 6 hours to wake this woman up.
The child knocked on W's door and asked her to watch him " Because my mom won't wake up and I'm hungry."
11:30 A.M. W called P.S. and talked to whoever was replacing Troy Turner that day. W asked if he was sending someone soon, because if he wasn't, she was calling the police. He assured her that someone would be right there.
2:30 P.M. The neighbor finally came to after a neighbor spent the day checking in on the child and repeatedly trying to awaken her.
NO ONE FROM PROTECTIVE SERVICES SHOWED UP
SEPTEMBER 7, 1999
Irene Stuart and Trooper Mihalick stopped at W's so Irene Stuart could inform W that "the next person to file a false report on her neighbor would be 'prosecuted' and filing false PS reports is a' serious 'crime."
W then asked Irene Stuart "What about PS workers hauling people into court on trumped up charges?"
Irene Stuart told W that she "didn't want to go there" and "she had her day in court."
She went on to say that she"never said that S wasn't well taken care of"and "She had to petition for termination due to the Binsfeld Legislation.
W quoted the Binsfeld Legislation to Irene Stuart, who's whole demeanor changed and she said that she had never said that W hadn't cooperated with her and W responded with that that had been her, W's, first mistake(cooperating). They then left.
Ms. Stuart pretended to investigate our case and pretended to assist us in getting services for J from the end of April until July 30,1999.
On this day she came to my door at 10 AM and handed me a petition to appear in court at 2 PM for a hearing to terminate my parental rights to R and S because I witnessed and reported child abuse.
She charged me retroactively and illegally with the Binsfeld Legislation.
Part of the services being provided to R through Child Guidance Center was respite care. Ms. Stuart graciously had enrolled J in the Professional Parenting Program and he was placed outside of the home the week before. She then arranged for a few days respite for R because I " appeared tired." Two down, one to go.
S was five months old.( On one home visit Ms. Stuart was accompanied by a coworker. They inspected my baby like she was a piece of meat on the market. She also asked me what I was doing for birth control ,although I had already told her twice that I had my tubes tied after S's birth.)
My mother and younger sister raced to be by my side. Ms. Stuart wouldn't allow them in the courtroom but allowed S's potential foster mother, complete with diapers hanging out of her purse, to come in and listen to her lie about me and perjure herself repeatedly.
I had shared with her about my father and she twisted everything I told her into charge #13 in her petition to the court. she claimed that I had told her and co-worker Troy Turner that I didn't like seven year old J to sit next to me because he acts like he wants sex from me just like my dad used to. This is in my file as fact. What I said was that when R was learning to read aloud, J would plop down next to R and read over him, making R scream.
Another piece of perjured evidence entered by Ms. Stuart was a report authored by FIA payed counselor Mike Nunn. He was supposedly hired for J and J and wrote a report for Ms. Stuart dated July 12. The major emphasis was on my personal deficiencies. Ms. Stuart called him and told him what to write.
He even quotes me. W states that she grew up in the *********** area. She had two other sisters. She says that her biological father divorced her mother when she was quite young, but he continued to come over to the mom's house. During this time, W states that her father began sexually abusing her and one of her sisters: this lasted from about age 5 or so, until W was about 13. This was the time she began to drink and do drugs. W moved out at a very early age and had two children by two different men. Her alcoholism was extremely active at that point and she lost the children because of neglect. They have been adopted out and W is not sure where they are at this point. W spent a lot of time living in cars and on the streets, or with whatever man who would take her in. Shortly after she hit rock bottom she met J and the two have remained sober ever since.
According to Mike Nunn's own Discharge Summary, he didn't even meet me until July 16th. He later admitted that he wrote it for Ms. Stuart and apologized to me.Antrim spoon fed Ms. Stuart false information to pass on to Mr. Nunn.
Mr. Nunn said that he wasn't going to be their "rubber stamp boy", anymore.
I also have a list of persons Ms. Stuart was in contact with leading up to the July 30 emergency termination hearing.Nina Merten Guardian Ad Litem, Prosecutor Amanda Steele, Bill White from Lansing, Jack Crandall to name a few. I truly believe that it was a concerted effort to see how many kids they could remove under the Binsfeld Legislation.
The Court Referee Anne Mapes allowed me to keep Samantha that day and appointed William Bowron as my attorney.
He was successful in getting R returned to me, but Ms. Stuart refused to return him on August 5th as ordered. Mindy Czinder, case worker for Child Guidance Center, was in the courtroom and knew R was to be returned.
Instead, she assisted Ms. Stuart in moving and hiding J from his father. J was missing for five days before we found him.
He'd been placed in the home of "professional parents" in Antrim County.
R came home at 5:30 PM August 6th. The excuse I was given was that Guardian Ad Litem Nina Merten "didn't get a chance" to talk to R August 5th.
After this our case was taken over from Ms. Stuart by Jack Crandall, who presented himself to me as an FIA worker. He actually said to me that he didn't know what I was complaining about because I got to keep my kids.
JAN. 2004 THE INCIDENT WITH MY SON CAME TO LIGHT
I self reported the incident to Central Lake police chief Mike Scheuttema, who had been mentoring my son.
He called the CPS after hours number and was put through to a worker in Kalkaska county. I spoke with her and told her about what happened with Child Guidance Center and about the harassment by the CPS since. I told her that I was terrified of these agencies.
At this point she said,' W, you know me. This is Mindy Czinder." She was the Child Guidance worker that facilitated the CPS in their attempt to steal my children. I told her good - then you know every word that I just said is true and she didn't deny it.
Anything these people have touched is tainted.
She lost her job at CGC when they lost their foster care license. I had reported the whole sorry mess to Medicaid Fraud Regional Director Susan Hahn Reizner in Chicago . She forwarded it on to Department of Human Services in Washington DC for investigation.
ADDITION 01/13/09
Mindy Czinder, currently employed by the DHS and Cam Newville, the Families First worker assigned by Antrim County DHS upon my son's return, both lost their job at Northwest Michigan Child Guidance Center when they lost their foster care license.
This happened shortly after my complaint against these agencies for Medicaid fraud.
According to Cam, nobody ever told her why she was let go after several years of employment with CGC.
I told her the story.
An example of Medicaid reimbursement was outings for the foster kids. The foster families and case managers would include their biological children on outings to restaurants, movies,etc.
A receipt would be submitted to CGC for these outings and the taxpayers footed the bill.
The local press never said why Northwest Michigan Child Guidance Center lost their license.
I'm sure the silence had something to do with the conflict of interest in the Grand Traverse County Probate Court and the FIA, which I explained above.
Please keep in mind that one of our children was ILLEGALLY placed in an Antrim County Professional Parenting Program and held without a court order for more than a year.
Nobody has ever been held accountable and all are still working with children.
Posted by windex on 01-09-2009 4:11 AM
After we moved back to Antrim County, CPS worker Kristine Lagois interrogated my son AT SCHOOL when he was 6,7,8 and traumatized him.
I made him a card to carry and present if they bothered him again.
It states: UNDER THE PRIVACY ACT OF 1974 I DO NOT HAVE TO ANSWER ANY QUESTIONS WITHOUT MY PARENTS PRESENT. CALL MY MOM
This worker was presented with this card when she showed up as expected. She made a copy in the school's office and placed it in the dossier that they are keeping on my family.
She has documented that I am "paranoid."
Posted by windex on 01-09-2009 10:44 AM
The Binsfeld Legislation was intended to minimize that time that children stagnate in our state's substandard foster care system before being placed for adoption.
The intention was to stop drug addicts, etc from repeatedly having babies only to have them removed and placed in care while the parents get their act together.
It states that if a parent has a prior termination of parental rights and then has another child, IF the CPS was to file a subsequent complaint , they were to petition for termination from the beginning, rather than giving the parents chance after chance.
The Adoption and Safe Families act signed by Bill Clinton is the reason for these laws.
It provides financial incentives to the states for each child adopted out of foster care, which is the reason that when my boy's adoptive parents got sick of them and RETURNED them, the federal dollars continued to flow into our state's coffers
Michigan's draconian Binsfeld Legislation allows the CPS to show up at the hospital and yank a new baby from it's mother's arms.
It is sickening and it takes a special kind of person to do that job.
Unfortunately, there seems to be no shortage.
All of this is also documented with the Michigan Attorney Grievance Committee as I filed complaints Bill Bowron, Anne Mapes, prosecutor Amanda Steele and the other"defense" attorney Brett Cantrell Baird. They were made to answer my charges but no disciplinary action was taken.
Correction: I didn't file a complaint against Anne Mapes, but did explain her role in this mess in my complaint. However, I did file a complaint against Guardian Ad Litem Nina Merten.
Bill Bowron and court referee Anne Mapes both sat on the Board of Directors of Child Guidance Center, which had Grand Traverse County's biggest foster care contract.
Major conflict of interest.
Quite the scheme, CPS gets to say whatever they want under oath and the referee orders the kids to foster care and the lawyer does his minimum to protect his clients rights because it is in his best interest to have the children placed in care.
If you are pregnant and have a prior termination of parental rights, my suggestion to you is to give birth in a different state. These people are greedy and ruthless.
Note: Mike Nunn told me during our ordeal of 1999/2000 that he had an opportunity to meet with former Lt. Governor Connie Binsfeld at a social function in Traverse City. She expressed dismay at what the state was doing with her legislation, as this was not her intent.
Government/Politics
Topic: Re: Torture Called Treatment -- Antrim County
Upnorthlife.com Forums
Page 4 of 5 (75 items) « 1 2 3 4 5 »
Posted by windex on 01-09-2009 11:05 AM
Home
About Us
Services
The FIA GAME
Articles
In The News
EMAIL
JANET
Parents For
Children.Net
THE FIA GAME
By Janet M. Frederick
Attorney and Counselor at Law
Many citizens in our great State of Michigan are unaware of Michigan's dirty little secret that falls under the guise of the Child Abuse and Child Welfare Protection Laws. The advertisements and literature surrounding this area seem to be doing a magnificent thing for the children of our state. We have been led to believe that the State of Michigan is saving thousands of children from severe physical abuse and neglect. This is far from the truth.
The truth is that this campaign is a giant money machine fueled by abuse of power of supervisors and case service workers employed by the Michigan Department of Family Independence Agency and private agencies that have contracted with FIA that we the tax payers are paying dearly for through our hard earned tax dollars. "Basically it is make work by creating a case and keep your job or contract with the state government." The current campaign to save the children is doing just the opposite. Parents and children are result of abuse of power in the name of more state and federal funding.
I have been working extensively in this area of law for approximately two years. All of the cases that I am working on do not involve children suffering from broken bones, bruises or starvation. In fact, most of the cases that I am involved in regard parents that merely spanked their children by giving the children one or two swats on the clothed behind, parents who have physically defended themselves from a physically violent teenager, parents who argued in front of their children, recently divorced single parents, parents with low incomes, parents who have failed to take their child to a doctor for mere cold symptoms such as sniffles and mild congestion, or parents who owned pornographic materials stored in a safe place where the children broke into and viewed the materials.
According to FIA, the present state of law is that:
1) Parents cannot spank their child. Spanking, even with clothes covering the bottom, is severe physical abuse. Parents are only to use time out, reasoning and loss of privileges.
2) Parents cannot engage in physical self defense to protect themselves from a physically hostile teenager. An act of self defense by a parent is severe physical and emotional abuse. Parents are to use reasoning, time out and loss of privileges only and must sacrifice their physical safety for their violent teenager's safety.
3) Parents cannot argue or talk about adult subjects, such as family finances, in front of their children. These are subjects that the child has no control over and creates extreme emotional distress in the child. FIA has classified this area as emotional or environmental abuse and/or neglect of the child.
4) Parents with low income are neglecting their children's basic needs.
Low income parents cannot provide for the proper medical, physical or emotional needs of their children due to their limited income. The parents' failure to obtain middle income jobs means environmental, medical and emotional neglect.
5) Parents that fail to take their child to the family physician for colds, flu, sniffles and mild congestion, or parents who fail to obtain a family pediatrician are neglecting the medical needs of their children. FIA has classified this as medical neglect.
6) Parents who own pornographic materials, such as magazines, books, video tapes, and conceal such materials from their children have created environmental and emotional neglect of their children. Parents who own and hide such material run the risk that children will find these material and view them causing emotional harm to their children. FIA has classified this as environmental neglect.
7) Divorced, single parent families seem to be targeted by FIA as high risk environments for emotional and environmental neglect. Most single parent families are low income and of course, according to FIA, cannot provide for the basic needs of the children as measured against middle income standards.
Single parents work outside of the home, leaving their children unattended or with "inappropriate care takers" (neighbors, older siblings, grandparents, relatives) causing environmental and emotional neglect of the child. Single working parents are unable to clean their homes "appropriately" and leave their homes cluttered, disorganized, and untidy (i.e. beds unmade, dirty clothes on floors or hampers, dirty dishes in the sink from breakfast, unswept or unvacuumed floors and carpets, etc.) which the family must return to in the afternoon or evening that is classified as environmental neglect.
Basically, single parents tend more to their needs (i.e. working outside of the home) that to the needs of their children which is classified as emotional and environmental neglect.
Ironically, FIA complies a list of single parent households from the Friend of the Court, sends prevention workers to the homes of such families and initially offers the families free, voluntary services through their prevention program. Such services include free parenting classes, free nutrition programs, free household budgeting programs, free employment training programs, and WIC.
The social workers in these programs compile information on the family and home for FIA. Basically, when you allow these workers to enter your lives and your home, you are allowing FIA to build a PS (Protective Services) record against you for child neglect which leads to further child protective proceedings in the Probate/Family Court which will ultimately result in the removal of your children and the children being placed in foster care. These workers are not hired to help you, they are hired to make a case of child neglect against you.
Why are families being targeted by FIA. Most people have the misconception that concerned citizens report child neglect and abuse. This is untrue! A small percentage of my cases involve reports of neglect and abuse from neighbors, family members, friends and school officials. In fact, the majority of my cases involved the family receiving some form of voluntary services from FIA, such as the free programs listed above. In the majority of cases, school officials, such as teachers and counselors, never suspected child abuse or neglect in the families that were prosecuted. Moreover, in most cases the family physicians never suspected child abuse or neglect in the families prosecuted. Families are targeted because FIA must justify its need for State and Federal grants to keep its workers employed.
Currently, FIA receives, in Federal grants, $2,000 to $4,000 per month per child in foster care and $10,000 per child adopted out into permanent homes after the parent's rights have been terminated due to neglect and abuse. The State of Michigan provides matching funds to FIA. Bill Clinton recently signed new legislation providing for an additional $2,000 to $4,000 per month per child in foster care and $10,000 for adoption. FIA is making money hand over fist through our tax dollars. FIA social workers receive bonuses for removing children from their homes and for adoption. The incentive for abuse of power is extremely high and has occurred at alarming rates.
During 1996, Clare County removed 50% of the children in the county for neglect and abuse in the home. It is very hard to comprehend that 50% of the parents in Clare County are neglecting and abusing their children. Clare County is a "demonstration county" that is a pilot county for The Binsfield Laws supported by Federal Grants. These programs involve privatizing the foster care system. The foster care program hires private industry to service the foster care needs of the county children removed from the home.
Currently, Eagle Village in Hersey, Michigan holds the foster care contract for Clare County FIA.
How does the system work? FIA initially offers families free, voluntary services through prevention services to the families on the FOC (Friend of the Court files, AFDC files, Employment Security Commission files, Social Security files, etc.) such as free parenting classes, free nutrition programs, free homemaker services, free budgeting classes, free employment training programs, etc. The prevention worker works closely with the family to coordinate these free services by meeting with the family in their home on a regular basis, once or twice per week. While working with the family, the worker identifies problems areas that put the children at risk for abuse and neglect so as to qualify the family for these free services, such as poor parenting skills, homemaker skills, budgeting skills, and employment seeking skills.
The flip side of this arrangement is that the worker is building a case of neglect and abuse against the parents. Most problems identified are lack of bonding with the children and nurturing due to the parents' participation in these free programs. Basically, the parents are putting their needs before the children's needs by focusing on their problems as identified in their participation in these programs. Furthermore, workers in these programs work in tandem with FIA to identify other risk factors such as poor parenting skills, why else would a parent take a free parenting class if they themselves have admitted to having poor parenting skills. Voluntarily entering into these programs is an actual admission to poor parenting, nutrition, homemaker, budgeting, or employment seeking skills that put the child at risk for neglect and abuse that lay the foundation for child protective proceedings in the Probate/Family Court.
The Courts believe that the FIA workers are the professionals and take their word as gold. The parents cannot defend against FIA. The testimony and statements mean nothing in the Probate/Family Court. In fact the Court can issue an emergency pick up order for the children based on only FIA's statements in an ex-parte hearing conduct by the judge and the FIA worker.
The parents are not present during these hearings. The Court will issue an ex-parte emergency order allowing the FIA work to enter the home or child's school to remove the child from the parents custody. The parents do get a hearing approximately two weeks later after the removal of the child but FIA is only required to prove that probable cause exists that the children are at risk of neglect and abuse if they remain in the home.
Approximately 90 days later the parents may have a trial to determine whether by a preponderance of the evidence that the children are at risk to abuse or neglect if they are returned to the home. Most parents plea to abuse or neglect upon FIA's promise that if the parents plea and engage in services they will get their children back sooner. Most parents plea to charges that they have a temper, they have beaten their children by merely spanking them, they have failed to provide the child with medical attention when they had cold symptoms, or they are unable to provide for the basic needs of the child because they are temporarily unemployed. The Court then takes jurisdiction over the children, places them in foster care and orders the parents to follow the Parent/Agency Agreement to be drafted by FIA. FIA then engages in a lengthy and vague process of ordering the parents to engage in specific services, such as individual counseling, parenting classes again, anger management classes and counseling, psychological evaluations, drug and alcohol testing, classes and counseling, etc. Once parents complete these services, FIA informs the parents, usually during a court proceeding that they have not dealt with the proper issues in these programs that initially led to the removal of the children or the parents have not satisfactorily completed the programs because they will not or are not mentally able to comprehend their actions and the affect of their actions that have harmed their children. It is a no-win situation. FIA is in complete control of the interpretation of whether the parents have successfully completed the Parent/Agency Agreement.
Furthermore, if the parents elect to participate in FIA's services with their hired agencies, then the parents never successfully complete the Parent/Agency Agreement. These agencies are FIA's hired hands that build a case against the parents. If the parents elect to engage in services provided by professionals of their choice or referred by their HMO or other health care providers, then the parents must pay enormous amount of money for these services and for these professionals to come to court on their behalf to testify. More importantly, the Court views parents hired witnesses as hired hands and discounts any testimony given by these professionals as being adversarial, unbelievable and hired hands of the parents. FIA and some of the Court have gone as far as accusing the parents of failing to comply with the Parent/Agency Agreement by engaging their own professionals for service which has been deemed grounds for termination of parental rights. It is a no win situation that fails to focus on the best interest of the child.
During this whole process, Department of FIA is raking in the Federal and State grants to support its preventive, protective, and foster care programs.
These are our tax dollars at work and are being misappropriated and wasted to create a foster care and adoption industry in our state. I am not arguing that there are never cases of child abuse or neglect in this state. There are real case of such that must be meet with the proper social nets. But our current system is froth with abuse of power and waste of precious tax dollars that has created false child abuse and neglect cases for the purpose of creating employment for social workers and private industries providing foster care services, counseling agencies that provide individual therapy and psychological evaluations, and community education programs that provide anger management and parenting classes. All of these agencies are funded by our tax dollars which are being wasted on parents who are only less than perfect and children who are not abused or neglected in the legal sense.
Furthermore, all parents are court ordered to pay child support to the foster parents through the Friend of Court for the care of their children while in foster care. Parents pay on an average of $25.00 to $30.00 per week per child if FIA is providing the foster care family through it county agency. Parents pay approximately $150.00 to $2,000 per month if a private agency is hired by FIA to provide foster care services. Nobody is sure where this money goes once it is paid to the Friend of the Court.
The system of FIA needs to be restructured to make it workers accountable for their actions. Presently, FIA workers have complete immunity from civil actions in the State of Michigan unless a parent can prove that a worker was grossly negligent in the performance of his or her duties. Unfortunately this is impossible to prove. If a parent pleas or the Probate Court finds that its has jurisdiction over the child for neglect and abuse, FIA continues to have jurisdiction over the child and ultimately terminates the parents rights, this will bar any suit against the FIA worker under the immunity doctrine.
Once your child is in the system, FIA and its social workers are not accountable for the worker's actions. Their word is gold and the courts accept the workers word as gold. The only recourse a parent has is to appeal the Probate/Family Court's decision, which is very expensive. Most of my parents spend approximately $10,000 to $20,000 in defending against FIA in child protection cases, even when they plea. Most of my parents end up losing their homes, vehicles, jobs because of court appearances and engagement of professional services, and savings. Most of my parents are forced into bankruptcy.
Janet Frederick-Wilson
Michigan Litigants can get free legal advice by contacting Attorney Janet Frederick-Wilson
Posted by windex on 01-10-2009 1:58 PM
Family Attorney Blows the Whistle on State Child Protective Services Agencies
Bill Hahn
JBS
Wednesday, July 11, 2007
Practicing family attorney Gregory Hession confirms child protective service agencies engage in abusive, deliberate and dirty tricks motivated by federal funding.
Every year thousands of families are forcibly separated from their children based on unsubstantiated or outright false allegations of child abuse. Gregory Hession, a practicing constitutional and family law attorney in Mass., says that for these families, the nightmare has only begun.
Children in child protective services (CPS) have been abused, wounded, brain washed, drugged, adopted out and some have even died. Hession has represented hundreds of these families and has dedicated himself to exposing CPS abuses and reuniting loving, deserving families. He documents CPS abuses in the July 23, 2007, issue of The New American magazine.
Posted by windex on 01-10-2009 2:13 PM
Bridges4Kids Logo
What's New? | Early Childhood | Positive Behavior Support | Wrightslaw
Lead Poisoning | NCLB | LDA of Michigan| Family 2 Family Health Center
Bridges4Kids Main Menu
Where to find help for a child in Michigan, Anywhere in the U.S., or Canada
Last Updated: 01/09/2009
www
Bridges4Kids
Subscribe to the Bridges4Kids NewsDigest! Add Bridges4Kids to my favorites!
Children's Rights Sues Over Michigan's Foster Care System
Printer-friendly Version
Bridges4Kids Logo
From the Minutes of the November 1, 2006 meeting of the Michigan Child Care Task Force: Report from Elizabeth Carey, Executive Director, Michigan Federation for Children and Families, on the current Children’s Rights lawsuit that has been filed against the State of Michigan/Department of Human Services regarding Michigan’s foster care system.
Children’s Rights, an advocacy organization, has filed a lawsuit against the State of Michigan/Department of Human Services regarding Michigan’s foster care system.
-There are roughly 19,000 children in the Michigan child welfare system. The lawsuit names children with case examples of child welfare system failures. Overall, the child welfare system is extremely under-funded both publicly and privately. Children’s Rights has sued many states. Some states, like Georgia, have chosen to fight the lawsuit and have spent millions over several years while others have chosen to negotiate and settle. Michigan began formal negotiations and a settlement process in September 2006. Michigan is using a mediator between the state and Children’s Rights. Michigan’s Department of Human Services has put together an advisory group, including private providers, to assist in the process. DHS will have private discussions with Children’s Rights, but will use the advisory group to reflect ideas before committing to Children’s Rights.
*Excerpts from the federal lawsuit filed by Children’s Rights Inc. in August 2006 against Michigan’s child welfare system.
From the Children’s Rights lawsuit: “As a result of serious systemic deficiencies that have been known to Defendants for many years, the Michigan child welfare system inflicts numerous harms on Plaintiff Children, including:
a. Maltreatment or neglect of foster children while in state custody.
Too often children brought into Michigan’s foster care custody because they have suffered abuse or neglect are subject to further maltreatment while in the custody of DHS. This maltreatment occurs because of Defendants’ failure to (i) appropriately screen and oversee foster homes; (ii) segregate sexually reactive children (often themselves victims of prior sexual abuse) or physically aggressive children from other foster children; and (iii) adequately monitor and support caregivers, including unlicensed caregivers, who provide homes for children in the foster care custody of DHS.
b. A lack of basic physical and mental health services for foster children. Michigan’s foster children are routinely denied the services necessary to address known psychological, behavioral and emotional issues due to the absence of a minimally adequate mental health system. Moreover, due to agency cost-cutting measures, children are frequently left in foster homes that are unable to meet their special needs and in which their mental health further deteriorates. Foster children are also routinely denied timely basic medical and dental examinations and services.
c. Excessive lengths of stay in state custody. Michigan’s foster children are unnecessarily spending large portions of their lives – and sometimes their entire childhoods – in foster care custody. Defendants fail to provide foster children with appropriate case management, case plans and the services, including adoption-related services, required to prevent children from growing up in state custody. Michigan’s foster children who cannot return home are routinely denied the opportunity to be adopted, and many are discharged from the foster care system at the state’s age of majority without the life skills necessary to live independently.
d. Frequent moves among multiple placements. Subjecting foster children, who have already undergone the trauma of being removed from an abusive or neglectful home, to repeated changes in their primary caregivers causes serious harm to their development and psychological health. Yet, data collected by DHS and reported to the federal government shows that over 62% of the children in DHS foster care custody during fiscal year 2002, the last year for which such data is available, had been in foster care for more than 12 months, and over 40% of these children had already experienced three or more different placements during their lengthy foster care episodes.
These continuing harms to Plaintiff Children are caused by a number of severe deficiencies in Michigan’s foster care system, including:
a. A severe shortage of foster homes. Defendants fail to maintain an adequate number and variety of foster homes and other appropriate placements for foster children. Foster children are placed wherever a bed or “slot” is available and not according to their individual needs. As a result, foster children are too often moved from one foster home to another because their needs are not being met, repeatedly suffering emotional harm.
b. High caseloads and turnover. Caseworkers responsible for overseeing the care and protection of children in Defendants’ foster care custody often have dangerously high caseloads that are frequently multiples of the national standard of 12-15 foster children per caseworker. High caseloads and an unsupportive environment for many caseworkers have led to soaring caseworker turnover rates of almost 40%. The DHS early retirement programs implemented in 1997 and again in 2002 caused significant numbers of experienced DHS caseworkers to retire, resulting in a largely inexperienced frontline and supervisory child welfare workforce.
c. Poor monitoring of child safety. Michigan’s foster homes are often inadequately screened for safety. The State Auditor’s 2005 “Performance Audit of the Children’s Foster Care Program” identified more than 320 homes that had never undergone a safety assessment as required by DHS policy. Additionally, high caseloads prevent caseworkers from devoting the time needed to adequately monitor the safety of foster children assigned to them. As of March 2006, DHS reported that more than 30% of foster children statewide were not receiving even the minimally required monthly contact from their caseworker.
d. Poor planning and services to move children out of foster care and into permanent homes. Defendants routinely fail to provide foster children with the appropriate case-planning and adoption-related services required to ensure that children do not languish in their care. As a result, there are more than 6300 children in the foster care custody of DHS who are legal orphans – or “permanent wards” – for whom parental rights have been terminated, but no adoptive home has been identified. More than 400 of these children age out of the child welfare system each year, ill-equipped for adult life.
e. Grossly inadequate payments to foster care providers. The payments that Defendants provide to those caring for foster children do not even approach the actual cost of care for a child. DHS pays foster parents as little as $433 per month to raise a two-year-old foster child, though the federal government estimates that the average monthly cost of raising a similarly aged child in the urban Midwest is $733, net of health care expenses. Though Defendants increasingly rely upon relatives, such as retired grandparents, to care for its foster children, Defendants provide inadequate, and often no, financial support to these caregivers who are themselves frequently of limited means.
f. Fiscal waste. Michigan regularly fails to collect available federal funds for foster children in state custody, foregoing many millions of dollars that could be used to provide desperately needed homes and services for children. The State Auditor reported in December 2005 that the State now may be exposed to over $99 million in reimbursements to the federal government due to the mismanagement of its federally-subsidized child welfare programs including Title IV-E foster care, adoption assistance, and the Chafee independent living program for teen youth. These failures to properly access and manage federal funding are particularly glaring given that Michigan is among the nation’s bottom 12 states in the ratio of state and local funds to federal funds directed to support its child welfare system.
back to the top ~ back to Breaking News ~ back to What's New
Jackie D. Igafo-Te'o
Posted by windex on 01-11-2009 12:07 AM
Advocating for the humane and just treatment of children and teenagers accused of violating sex laws
IMPORTANT NEWS
* Human Rights Watch issues report critical of JSO registration laws
* New summary of JSO registration laws in all 50 states compiled by CJJ
* Federal legislation places juveniles on sex offender registry for life.
Help for parents
Legislative Update
News
Understanding the issue
Personal stories
Media coverage
Criticism from experts
Juvenile sex law
Get involved
Discussion board
Reading list
Organizations and links
Research on youth sexuality
Site map
Ethical Treatment for All Youth
About the author
See a TV news report on abusive treatment in New York in 1993.
Read how this treatment continues today.
For engaging in oral sex with their peers, the boys were arrested and charged with rape, aggravated sodomy and aggravated child molestation. Four decided to accept a plea bargain, avoiding 10-year sentences, but forever being labeled sex offenders.
--Black America Web
He is looking at being put on the public registry when he turns 18, along with his picture...Because of the registry and the stigma which accompanies it, we have had suicides, attempted suicides and youths who are ready to give up.
--Director of Citizens for Second Chances
We have encountered young teenagers (13 to 15) who, as part of their treatment, have been compelled to recite daily creeds including phrases such as 'I am a pedophile and am not fit to live in human society'...these incidents cannot be dismissed as isolated examples of overly zealous practice but are directly derived from an uncritical application of prevailing treatment models.
--Juvenile sex offender treatment experts Mark Chaffin and Barbara Bonner
As part of his treatment, the 15 year old was forced to place a round, mercury-filled plastic device around his penis, and further forced to wear earphones and listen to pornographic tapes. Afterward the youth was encouraged to masturbate.
--Newsday
“...her therapists persisted until one day she tried to kill herself, the mother said...critics point to the boy's case as an example of a child put into the program without cause, who was treated with inappropriate and potentially dangerous methods, and who may have become violent as a result...”
--The Arizona Republic
*
See our extensive library of information to learn more
What others have to say about ETAY
“Thanks so much for your work pulling together all of this research! I'm sure my colleagues here will be very interested to look at it, too."
-- Joseph Truong, Resource Coordinator, National Youth Advocacy Coalition
"Thanks as well for your website. It appears to have much good information and I hope to read it through more thoroughly and refer to it again.”
-- Jennifer L. Bass, Head of Information Services, Kinsey Institute
"We find your web site informative in its own right and are considering linking to it in our selection of direct links.”
-- Erwin Haeberle, Magnus Hirschfeld Archive for Sexuality
Posted by windex on 01-11-2009 12:11 AM
Home
Help for parents
Legislative Update
News
Understanding the issue
Personal stories
Media coverage
Criticism from experts
Juvenile sex law
Get involved
Discussion board
Reading list
Organizations and links
Research on youth sexuality
See excerpts from actual
treatment materials:
Steps to Healthy Touching
a workbook for ages 5-12
Roadmaps to Recovery
a workbook for ages 6-12
Pathways
a workbook for ages 11-21
Jefferson County, TX
treatment program
assorted materials
(Warning: these materials are sexually explicit and seethe with hatred.)
Comparison with treatment
for conduct disorder
References:
1. Abel, G. & Harlow, N., The Stop Child Molestation Book, Xlibris, 2001.
2. Anonymous, “Molested,” Salon Magazine, February, 1997.
3. Burton, D. & Smith-Darden, J., North American Survey of Sexual Abuser Treatment and Models 2000, Brandon, VT: Safer Society Foundation, 2001.
4. Chaffin, M. & Bonner, B., "Don't Shoot, We're Your Children": Have We Gone Too Far in Our Response to Adolescent Sexual Abusers and Children With Sexual Behavior Problems?", Child Maltreatment, vol. 3, no. 4 (Nov.), 1998, pp. 314-316.
5. Kahn, T.J., Pathways: A Guided Workbook for Youth Beginning Treatment, Brandon, VT: Safer Society Press, 1999.
6. Kahn, T.J., Roadmaps to Recovery: A Guided Workbook for Young People in Treatment, Brandon, VT: Safer Society Press, 1999.
7. Righthand, S. & Welch, C., "Juveniles Who Have Sexually Offended," U.S. Office of Juvenile Justice and Delinquency Prevention, March 2001.
8. Shaw, J., Practice Parameters for the Assessment and Treatment of Children and Adolescents Who Are Sexually Abusive of Others, Journal of the American Academy of Child and Adolescent Psychiatry, 38(12 Suppl):32S-54S, 1999.
9. Steiner, H. & Dunne, J.E., “Summary of the Practice Parameters for the Assessment and Treatment of Children and Adolescents with Conduct Disorders,” Journal of the American Academy of Child and Adolescent Psychiatry, 36(10suppl), 1997.
10. Young, A., “Sex Therapy 'Nightmare' Or Cure?”, Arizona Republic, July 26, 1992, Final edition, p. A1.
11. Zimring, F.E., An American Travesty: Legal Responses to Adolescent Sexual Offending, Chicago: University of Chicago Press, 2004.
Ethical Treatment for All Youth
About the author
HUMILIATION AS THERAPY
The methods described on this page are used in a one-size-fits-all approach on all children or adolescents labeled as having sexual behavior problems, regardless of whether their acts were consensual experimentation, consensual romantic relationships, or actually coercive behavior. These methods are also used for non-contact behavior such as peeping, indecent exposure, making sexual advances, or viewing pornogaphy. A popular treatment workbook for young people 11-21 years old puts it this way:
Some clients have touched younger children in sexual ways. Other clients have acted out in other sexual ways by exposing their private parts or by spying on other people. Some clients have been physically violent or forceful in making another person do sexual things. Other clients have gotten into trouble for sexual harassment, or they are too preoccupied with sex and pornography. Regardless of your specific problem, Pathways is for you.5
Cognitive restructuring
Cognitive restructuring attempts to convince children and teenagers that their prohibited sexual behaviors, regardless of whether they were consensual or coercive, were harmful and reprehensible. The approach is based on the assumption that all such behaviors are aggressive and result from distorted beliefs and thoughts called "cognitive distortions." The child's failure to believe that his behavior was coercive and harmful is considered a cognitive distortion. The American Academy of Child and Adolescent Psychiatry describes cognitive restructuring this way:
This is an attempt to correct the cognitive distortions and the irrational beliefs that support the sexual offending behavior and to replace them with reality-focused and culturally acceptable beliefs.8
While identifying and eliminating cognitive distortions are part of mainstream cognitive-behavioral therapy, the term "cognitive distortion" has a very different meaning here. In mainstream therapy, it refers to misinterpretations of available information, which all people make from time to time. However, juvenile sex offender therapists use the term to refer to what they believe are essential defects or abnormalities in the minds of these children that are criminal in nature.5 These include the presumed chronic tendency to deny, rationalize, and minimize their criminal behaviors and their harmful effects.2, 4, 5, 6, 8 (For more information about sex offender treatment providers' misunderstanding of cognitive distortions and criminal thinking patterns, see these letters from a reader who experienced treatment and researched the topic.)
Thus, peer group sessions and workbook assignments require participants to provide detailed descriptions of the sex acts they engaged in, to acknowledge how devastating they were, and to accept blame for all harm that occurred to all people involved. The children and adolescents are also often required to describe the devious methods of "grooming" they used to manipulate their victims into complying with their request for sexual activity. Because of the assumption that all children with sexual behavior problems lie, treatment providers also expect them to reveal that they have committed other sex crimes previously unreported. These disclosures are required repeatedly throughout the treatment process, in an atmosphere of shaming and castigation. Failures to disclose more crimes to the satisfaction of the therapist or peers lead to accusations of denial or minimization.2, 5, 6, 8
“Between my two sons...there was no penetration, no force, no threats...My youngest son confessed in tears that he'd enjoyed it...Our son tells the same story over and over again...nothing has changed, nothing new has come forth. For this reason he is perceived as being more recalcitrant than the other boys, 'frozen' in his denial...all are tarred with the same brush. All are child molesters in the world's eyes now, and it's an unforgivable sin.” 2
--Anonymous, published in Salon magazine
Group sessions and workbook assignments also require all participants to admit that they engage in criminal thinking patterns, and to identify those patterns in their lives. They must also repeatedly describe their on-going sexual feelings and fantasies (and sometimes masturbatory habits) in detail, and admit they are dangerous. If they fail to do so, again, therapists and group members confront them--sometimes very aggressively--for suffering from cognitive distortions.2, 4, 5, 6, 8
These kinds of adversarial methods are never recommended in treatment programs for children and adolescents who commit violent non-sexual acts (i.e., those with conduct disorder, who commit such acts as aggravated assault, use of weapons, cruelty to people or animals, robbery, or arson).9 The field of psychology provides no scientific evidence of their therapeutic benefits. Their only purpose seems to be for self-castigation and humiliation.
Cognitive restructuring is used by approximately 84% of programs for juvenile sex offenders and 68% of programs for younger children with sexual behavior problems.3
Victim Clarification
Another approach that is not part of treatment for those who victimize others non-sexually,9 but is used for juveniles with sexual behavior problems, is that of helping them understand the damage they have done to their victims. This might seem to be an appropriate method for youth who have committed an aggressive offense--sexual or non-sexual--but again, it is used only for sexual misbehavior, and it is used for sexual misbehavior which is consensual, where there is no victim.2, 7
Only “40 percent of the juveniles from a sample of 91 displayed expressive aggression in their sex offense(s)...Becker and her colleagues noted that the juveniles in their sample included adolescents who engaged in consensual sexual behavior with a peer-aged relative...most interventions designed to address sibling sexual behavior assume a victim-perpetrator model...it is progressively less appropriate (and may be damaging) when sibling cases involve inappropriate mutual sexual behavior or, especially, age-appropriate sex play." 7
--U.S. Office of Juvenile Justice
Victim clarification work is often extreme, requiring the youth to do the following:2, 5, 6
* repeatedly list and describe all their victims
* describe in detail the demeanor, behavior, and feelings of all their victims during the offense, and again after the offense
* speculate about all possible harmful effects on all their victims
* relive their own actions from victim's perspective
* learn about "indirect victims"; i.e., family and friends of both victim and perpetrator
* describe in detail every incident of their own victimization
* listen to multiple stories of victimization
* learn about the findings of research on the effects of sexual abuse
As with cognitive restructuring, to avoid being accused of denial, young people whose sexual misbehaviors were consensual must say that they coerced their "victims." And again, victim clarification is often done in an atmosphere of shaming, where the intent seems to be humiliation and self-castigation. Victim clarification is used by 81% of programs for juvenile offenders and 53% of programs for younger children.3
Relapse prevention/Assault cycle
Relapse prevention is based on the assumption that all undesirable or illegal sexual behaviors constitute an addiction, regardless of whether they are consensual or coercive. Thus, its approach is taken from the twelve step model of Alcoholics Anonymous (AA). Repeating prohibited sexual behavior is referred to as a relapse, and children and teenagers are taught to recognize those things that lead to a relapse in order to prevent such behavior in the future. The method requires them to identify and describe their feelings, thoughts, and actions before their sexual behavior. These precursors are referred to as "danger signs" or part of the "sexual assault cycle." Treatment attempts to teach young people to intercept these dangerous sexual thoughts and feelings, to imagine their negative consequences, and to change their behavior.5, 6, 8 This approach is used on all juveniles with sexual behavior problems in spite of a lack of empirical evidence supporting its use:
...most programs have learning about the “sexual assault cycle” at their core, but despite the fact that the sexual assault cycle has been in use in sex offender treatment for nearly 20 years, the model has not been empirically validated...The prevailing view is that early clinical intervention is needed to break the cycle of sexual deviance, and that intervention should take the form of lengthy, offense-specific, peer-group therapy. There is not a shred of scientific evidence to support this stance...although the cycle may fit many juveniles who have committed sex offenses, it does not explain the abusive behavior of all such offenders, including those described as "naive experimenters'"... 7
--U.S. Office of Juvenile Justice
The approach also requires the child to admit that, like the alcoholic, he has a life-long condition that cannot be cured. A treatment workbook for 11-21 year-olds tells its young readers, "Completing Pathways will not 'cure' you of your problem--there is no cure--but it will teach you how to recognize and control your problem behaviors." Its final exam contains the following questions:
5. What have you learned about your sexual urges, and how have you learned to control your deviant sexual fantasies?
6. How do your thinking patterns contribute to your victimizing other people, either in a sexual way or a non-sexual way?
10. What is it about you (your personality) that allowed you to commit a sex offense in the first place?
13. What are the factors that might eventually lead you to having sexual behavior problems in the future?5
In the same way that the AA member says to the group, "I am an alcoholic," the child must take on a permanent identity as a sex offender:
We have encountered young teenagers (13 to 15) who, as part of their treatment, have been compelled to recite daily lay-outs or creeds including phrases such as 'I am a pedophile and am not fit to live in human society...I can never be trusted...everything I say is a lie...I can never be cured'...We have listened to teenage boys hesitantly confess that they admitted to offense histories and deviant fantasies they did not have, simply because it was expected and required before they would be eligible for release from residential programs. Our impression is that these incidents cannot be dismissed as isolated examples of overly zealous practice but are directly derived from an uncritical application of prevailing treatment models.4
--Therapists Mark Chaffin and Barbara Bonner
"I'm furious about what that hospital has done," said the mother of a 12-year-old girl who spent six weeks in the program. "My daughter was the victim of sexual abuse. They never once focused on that, but they definitely nailed her as a child molester, as a pedophile"...Therapists insisted that the girl was a rapist. The girl wouldn't admit that, but her therapists persisted until one day she tried to kill herself, the mother said. "They found her in the bathroom with a plastic bag over her head," she said. "At the beginning of the (group-therapy) meetings, they'd make her identify herself as a perpetrator. To this day, she's traumatized by it, she cries about it. They kept telling her she'd do it again and there was no way she could prevent it." 10
--Journalist Alison Young, Arizona Republic
There are three crucial differences between AA and the approach here, however. First, of course, the AA member is an adult who has freely chosen to participate, while the child or adolescent "offender" has been forced into treatment. Secondly, the stigma of being a sex offender is dramatically more intense than that of being an alcoholic. Thirdly, while the alcoholic needs only avoid drinking alcoholic beverages the rest of his life, at least some of these children are thought to require life-long tracking, supervision, registration, restrictions on movement and employment, and community notification of their presence.1, 5, 11
Relapse prevention is used by 89% of juvenile offender programs and 77% of programs for younger children.3
Conclusion
None of the harsh adversarial approaches described here are used on even the most violent conduct-disordered child or adolescent (or adult non-sexual offender, for that matter). In fact, these methods are not based on any empirical evidence in either psychology or criminology:
The field has evolved conventional wisdoms that, like all conventional wisdoms, became accepted as fact when repeated and reinforced often enough. In some cases, they may shade into dogma. These might include beliefs, for example, that sex offender-specific treatment is the only acceptable and effective approach...that denial must be broken; that hard, in-your-face confrontation is synonymous with good therapy;...that deviant arousal, deviant fantasies, grooming, and deceit are intrinsic features;...that the behaviors always involve an offense cycle or pattern...that they have a compulsive incurable, life-long disorder; and that these youngsters are such dangerous predatory criminals that neighborhoods must be notified of their presence. Despite their wide acceptance, it is our opinion that clear, empirical scientific support for each and every one of these conventional wisdoms is either minimal or nonexistent.4
--Therapists Mark Chaffin and Barbara Bonner
These methods present the child or adolescent with a picture of himself as a permanently defective and dangerous person with criminal thinking patterns, deviant sexual feelings, and a history of committing heinous acts worse than physical assault or cruelty--in short a subhuman unworthy of the supportive therapies and ethical protections given to other troubled children.
He shows no signs of a compulsion, or being predatory, no signs of anything except a deep-seated shame and remorse, and the desire to suppress his own blossoming sexual nature...I've learned another rule. I should give my son all my anger. I should direct this undying rage at him—rage for the fear, the guilt, the lost privacy, the exposure and grief. It is his fault, and I must not forgive...I am to give all this to a boy, who is not allowed to have any goodness in him anymore.” 2
--Anonymous, published in Salon magazine
No wonder, then, that some treatment providers consider it acceptable to make crude attempts at changing these young people's sexual feelings and fantasies through methods similar to those used 50 years ago to "cure" homosexuality.
Continue to Arousal Reconditioning Examine Sample Treatment Materials
Understanding the Issue
When experts are wrong
Casualties of war
Diagnosis
Lack of knowledge
Confused definitions
Criminalization
Invalid instruments
Treatment
Humiliation as therapy
Arousal reconditioning
Dangerous drugs
Sriking comparisons
Sample materials
Maryland clinics
Convos with providers
Ethical violations
Deja vu
Posted by windex on 01-11-2009 12:23 AM
San Francisco Chronicle
SAN FRANCISCO
Court limits test used on released sex offenders
Judges say genital response measuring should be 'last resort'
Bob Egelko, Chronicle Staff Writer
Wednesday, June 21, 2006
* Printable Version
* Email This Article
A diagnostic test routinely ordered for released sex offenders, which measures their genital response to sexually stimulating images, is an intrusive procedure of uncertain validity that should be ordered only as a last resort, a federal appeals court ruled Tuesday.
One member of the three-judge panel said penile plethysmograph testing, in which the subject may be required to masturbate and be shown erotic images, is a dehumanizing procedure that should never be ordered as a condition of release from prison.
The majority on the Ninth U.S. Circuit Court of Appeals in San Francisco did not go that far but said the test was so invasive that a judge should hesitate to require it, and should do so "only after explaining on the record why the alternatives are inadequate."
That may have the same effect as a ban, said Jonathan Libby, a deputy federal public defender in Los Angeles. He had challenged a judge's order that his client undergo plethysmograph testing after serving a prison sentence for possession of child pornography.
"I'm very pleased the courts at last recognize that such an intrusive and offensive test can't be blithely applied by judges, as it has in the past," Libby said.
The U.S. attorney's office in Los Angeles said the ruling would not affect its efforts "to ensure that predators are punished and receive proper treatment following their release." In written arguments, the prosecutor's office cited a 2000 ruling by another panel of the Ninth Circuit that said "courts have accepted that penile plethysmographs can help in the treatment and monitoring of sex offenders."
The defendant in Tuesday's case, Matthew Henry Weber, was arrested in 2001 after the manager of an electronics store in the Los Angeles suburb of Woodland Hills found images of child pornography on the hard drive of a computer that Weber had brought in for repairs.
Weber pleaded guilty, served a 27-month federal prison term, and challenged the testing he was ordered to undergo during three years of supervised release. Libby said he did not believe Weber had been subjected to the test.
Plethysmograph testing is designed to measure responses to sexual stimuli as part of a treatment program. In the version for men, the subject places a measuring device on his penis, then is instructed to become fully aroused, through masturbation or other stimuli, to determine a baseline.
Some time later, he is exposed to sexual images and sounds, some involving coercion, to test his responses. The procedure lasts two to three hours.
The court said the test -- developed by a Czech psychiatrist, and formerly used by the Czech government to identify and "cure" homosexuals -- is ordered in 15 to 25 percent of adult sex- offender treatment programs.
While some researchers have found the test useful in diagnosis and treatment, the American Psychiatric Association reported in 2000 that its reliability and validity had not been well established, and that responses could be faked, the court said.
Apart from its effectiveness, the test "not only encompasses a physical intrusion but a mental one, involving not only a measure of the subject's genitalia but a probing of his innermost thoughts as well," said Judge Marsha Berzon.
She also said showing child pornography to an offender such as Weber, as part of his treatment, was "a little like handing a pyromaniac a lighted match but cautioning him not to use it."
Other diagnostic methods are available, Berzon said, including two that were ordered for Weber: polygraph testing, with a provision that the subject's answers would not be used to incriminate him, and Abel testing, which examines the length of time the subject looks at various photographs.
She said plethysmograph testing should be ordered only if a judge has found that it would be the most effective method in that case and has explained why other procedures are inadequate. Judge John Noonan, in a separate opinion, said even that standard was too permissive.
A prisoner remains a human being, Noonan wrote, and "should not be compelled to stimulate himself sexually in order for the government to get a sense of his current proclivities. There is a line at which the government must stop."
Page B - 4
Posted by windex on 01-11-2009 12:35 AM
More bizarre Psy Inc. treatment centers.
Posted by windex on 01-11-2009 12:41 AM
HOME RSS FEEDS ARCHIVES ABOUT US SITE MAP PUBLICATIONS
Search using Advanced
Saturday, January 10, 2009
Not Logged In Login
ISSUES
CRIME & COURTS
ECONOMY & BUSINESS
EDUCATION
ELECTIONS
ENERGY
ENVIRONMENT
GOVS' SPEECHES
HEALTH CARE
HOMELAND SECURITY
HURRICANES
POLITICS
SOCIAL POLICY
TAXES & BUDGET
TECHNOLOGY
TRANSPORTATION
SECTIONS
COMMENTARY
CORRECTIONS
LETTERS TO THE EDITOR
RESOURCES
STATE SPEECHES
NEWS ALERTS
ARCHIVES
Registration Required Subscription Required
Audio Video
Register to comment on Stateline.org Stories
TOP STORY
Wednesday, January 23, 2008
Will states say 'no' to Adam Walsh Act?
By John Gramlich, Stateline.org Staff Writer
Comments Write the editor Print this story Email this story
Facing a 2009 deadline to comply with a controversial federal law intended to crack down on sex offenders, states are nearing a crossroads. They either must fall in line with the statute or ignore it and absorb the penalty — a 10-percent cut to their share of funds in a congressional grant program used to fight crime.
With most state legislatures reconvening this month, debate is likely to resume soon over the federal Adam Walsh Child Protection and Safety Act, which President Bush signed in 2006.
The sweeping law, named after the murdered 6-year-old son of “America’s Most Wanted” host John Walsh, requires states to adopt, by July next year, strict new standards for registering sex offenders and providing public information about their crimes and whereabouts. It calls on states to publish photos and addresses of sex offenders online and dramatically toughens criminal penalties for those who fail to register, among other provisions.
For months, however, state legislators across the country have criticized the law as a “one-size-fits-all approach” that does not give states enough time, money or flexibility to make the changes sought by the federal government.
Critics point out that the U.S. Justice Department has yet to issue final guidelines for states to follow, leaving them with roughly half the time originally allotted by Congress to comply with the act. A Justice Department spokeswoman, Sarah Matz, said the guidelines still are being evaluated internally.
Strenuous objections also have been raised by states and advocacy groups over some of the act’s provisions. One in particular has raised concern: a requirement that some juveniles as young as 14 be listed on states’ online sex-offender registries. Most states do not include juveniles on online registries, and juvenile-rights advocates say listing young offenders on the Internet could subject them to harassment or violence.
“You’re damaging their lives and not serving any public safety,” said Sarah Bryer, director of the National Juvenile Justice Network. Bryer said juvenile sex offenders can be rehabilitated and are not as likely as adults to repeat their crimes.
Citing those complaints and others, state lawmakers are questioning whether it makes sense to comply with the act by its 2009 deadline, if at all, said Donna Lyons, a criminal justice analyst with the National Conference of State Legislatures (NCSL), an alliance representing the nation’s state legislators. The organization recently released a policy statement — approved unanimously by more than 7,000 state lawmakers — seeking congressional amendments to revise the act.
“States are looking at cost-benefit analyses and asking, ‘Is it worth the 10 percent we’re going to lose?’” Lyons said, referring to the penalty states would face for not complying with the act — a 10-percent reduction in criminal justice funding provided by the Byrne Memorial Justice Assistance Grant Program.
States use Byrne grants to pay for drug task forces, anti-gang units, police overtime and other law enforcement activities. But funding for the grant program itself was slashed by 67 percent — from $520 million last fiscal year to $170 million this year — in a $555 billion appropriations bill signed by Bush last month.
That deep cut has figured into state lawmakers’ thinking as they compare the costs of complying with the Adam Walsh Act with the costs of not complying, said Susan Parnas Frederick, senior committee director of NCSL's Law and Criminal Justice Committee in Washington.
“What’s 10 percent of nothing, anyway? Maybe we’ll just do what we’re doing, lose the 10 percent and not have to deal with all this garbage,” Frederick said.
At least six states — Delaware, Florida, Louisiana, Mississippi, Nevada and Ohio — last year revised sex-offender laws in an effort to comply with the act. The Justice Department rejected Louisiana’s efforts as not enough, and has yet to rule on the other states’ laws, many of which went into effect Jan. 1.
States found to “substantially comply” with the act by July of this year are eligible for extra federal dollars for sex offender management. Frederick said federal financial incentives may motivate states to comply with the act, despite many lawmakers’ objections.
Matz, of the U.S. Justice Department, noted that states can apply for a pair of one-year extensions under the act if they fail to comply by next year’s deadline. Extensions must be approved on a case-by-case basis by Attorney General Michael B. Mukasey.
“We want to give people enough time. We want to be available for assistance,” Matz said.
In Ohio, legal challenges to the state’s three-week-old law already are mounting. Lawyers have challenged a provision of the law making new registration rules retroactive to old cases — another requirement under the Adam Walsh Act. The state recently sent notices to thousands of sex offenders informing them of new registration obligations.
Jon Paul Rion, a Dayton criminal defense attorney whose firm is representing more than 35 sex offenders with challenges to the new law, told Stateline.org the provision for retroactivity violates constitutional guarantees by imposing punishments beyond those originally handed down by courts.
But the Ohio attorney general’s office, which helped craft the state’s version of the Adam Walsh Act, has stood by the law, claiming that registration is not criminal punishment, but a civil regulatory measure that enhances public safety.
Posted by windex on 01-11-2009 12:26 PM
This story has Michigan connections.
Educate-Yourself
The Freedom of Knowledge, The Power of Thought ©
Babel Fish Translation
Current News | Introduction | Colloidal Silver | Chemtrails | Sylphs | Emerging Diseases | Forbidden Cures |Ozone | Immunity Boosting | Nutrition | The CIA
Mind-Body Connection | Ozone | Bioelectrification | Story on Drugs | Vaccine Dangers | Cancer | Newsletter | New World Order | NWO News | Pam Schuffert
James Casbolt | Phil Schneider | Al Bielek | Trevor James Constable | Mind Control | Brice Taylor | Ted Gunderson | The Relfes | Free Energy || Montalk
Dr. Robert Bitzer | T. Lobsang Rampa | Ruth Drown | ZS Livingstone | David Brandt | Red Elk | Phil Ledoux | Gary Wade | BBB | The Draft | Veterans Awaken
Tone Gen | Depleted Uranium | Discussion | Dowsing | Police & Tasers | Rev. Sun Myung Moon | British Israel | The End Times | Amy Goodman Gatekeeper
'Peak Oil' | Amitakh Stanford | Military Draft | Rosie's Predictions | Project Blue Beam | Otto Skorzeny | Insights on Aliens | Cell Towers | Cell Phone Dangers
CPS/DCF Tyranny | Adrenal Burnout | The Women Warriors | Orgone Adventures | Dr. John Coleman | Railroading Dr. Jeffrey MacDonald | Henry Makow
Bush Family & *** | Holistic Dentists | Metal Free Dentistry | Water Supply Sabotage | Dr. Hulda Clark Books | Planet X Sequel | 'Undocumented Immigrants'
Tavistock Institute | U.S. Concentration Camps | FEMA | Aliens Are Coming! | Guiding Principles | Global Warming | Gang Stalking | Monoatomic Gold
Common Law | Hope | Healing Thought Forms | Vanquish Fear |Search Yahoo Track Free | Rethinking Noam Chomsky | Rockefeller File | War is a Racket
Letters | Zeitgeist | Radio Interviews | Daily Blog | Global Warming | Allies Contact Sheet | Hydrogen Peroxide | Byline Philippines
Daily Blog | Products | Orgone Generators | The Succor Punch | The Mini Silver Terminator | Home | Links | Contact Us/ E-mail
Portland Police Vie with Anne Frank's Captors for
'Nazi Raiders of the Century' Award
[Editor's Note: August 14, 2005. This story picks up from an illegal nighttime raid by Portland Police on August 10, 2005 at the home of Roger Weidner (former attorney, prosecutor, and candidate for Oregon governor) in order to arrest Lynnae Lake and take her 9 year daughter, Emily, into 'protective' custody, but the genesis of the story lies in Lynnae's activities to bring legal action against a chemical plant located 5 miles from her home in Michigan. Accusing someone of being a 'child abuser', of course, and putting the Child Protective Services (CPS) dogs on them is the fastest way, unfortunately, to take out a muckraker these days The unbelievably abusive and criminal behavior of the Portland Police in this case exceeds anything that I've read of in recent memory. The child custody hearing on this case was moved up to Monday, August 15, 2005. Contact names involved with this case are listed below
Update, August 20: The genesis of Lynnae Lake's CPS story is now more clear. The issue goes beyond a legal fight with the chemical plant. Apparently, the city was trying to get Lynnae to give up her property for development as well. Shennigans ensued. An earlier divorce resulted in the father initially having custody of Emily, but Lynnae fought to get her back. An older, disgruntled daughter apparently wanted to live with her boyfriend and reported Lynnae to CPS as an abusive parent. Lynnae fought the CPS and made a CPS case worker look foolish in Michigan court, which created a vendetta motive by the CPS to go after Lynnae. Lynnae fled Michigan with Emily to avoid having CPS taking custody of her younger daughter. Lynnae and Emily were living in the home of Roger Weidner for six months prior to the raid by Portland Police on the night of August 10, 2005. More details below, including statements from Lynnae Lake..Ken Adachi]
August 14, 2005
Portland, Oregon. On August 10, 2005, Lynnae Lake, Family Rights activist from Michigan and co-host of "A Voice for Children Radio Show" was arrested at the home of Roger Weidner <
roger@rogerweidner.net > , long time defender of family rights. When Roger attempted to discover why police surrounded his house and that of his 95 year old mother.
Weidner was told by police "you know why we are here - where are they?".
Weidner said he had no idea what they were talking about and where was their warrant?
Roger was told they "didn't need a warrant". Roger was immediately arrested and thrown into the back of a police car - one of seven which surrounded his house. .
Twelve police officers of the Portland Police Department stormed into the house terrorizing his 95 year old mother as she took a bath. No names were called out, nor did they attempt to identify who they were searching for. The search went on for an hour.
Lynnae and her 9 year old daughter were in the basement calling individuals to say that the police had broken into Roger's house and had arrested Roger for unknown reasons and were pounding all over upstairs on both levels. Lynnae and her daughter were told by people on the phone to secure themselves as safely as possible while attempts were going to be made to see what was going on.
The police spent many long minutes banging around and just saying "Come out!. We know you are here". Finally they headed for the basement calling they were bringing attack dogs and "they" would be bitten.
Frightened beyond belief and in complete fear for their lives, Emily and her mom prayed for relief from this unknown attack from without. The dog was heard snarling and growling and the police saying "get 'em, get 'em" and "down, down" apparently to the snarling animal. The police also said tasers were going to be used. Again, total terror reigned as the mom and Emily cried and prayed for this nightmare to end.
A door was kicked in and all kinds of shouting occurred on the part of the police. The police then pepper sprayed 9 year old Emily. Emily was completely without the ability to breathe and was instantly throwing up. Her mother tried to rinse her, pushing her under a shower and trying to get her to breathe. The police turned off the water and the mom turned it back on and the shower was again turned on and off over and over. The Mom cried out "for heaven's sake she is just a child!!!"
And the police pepper sprayed them again with Emily once again getting the worst of it.
Mom was thrown and tackled on the basements steps by several officers while Emily was ripped from her arms. Emily was choking and screaming "don't hurt my mom" and "I want my mom" while other officers held her.
Lynnae was handcuffed and hauled up the stairs and thrown on the floor of the breakfast nook. The police themselves were all choking, gagging and coughing. Emily was removed screaming from the house. The police said to her "it is OK, you can trust us we are the police". Emily said "you are the police, I DON'T trust you" and the officers said "oh, good parent to teach your child that!".
Emily was forced to watch her mom being hauled out to a police car and driven away, Roger Weidner, whom she also trusted, was also in a police car. She called out "I love you " to her mom and her mom called back "I love you too don't forget the phone" and then was gone.
Roger was then released from the police car while Emily was taken away in a another police car. At no time was a DHS/CPS worker seen to protect the safety of this little girl - but hey, isn't that the police's job too?
Emily was allowed to make a phone call out several hours later to Nancy Luckhurst <
wolflady1@centurytel.net> of the Foundation for Children's Rights in Michigan and the caseworker promised both of them that Emily would be allowed to call again. Emily has not been heard from since.
In jail, the mother was severely beaten and threatened several times. At no time were charges expressed against her or was she read her rights. She on the other hand demanded by what authority had kidnapped her and her child and arrested them all on assault and battery, kidnapping and unlawful endangerment of individuals particularly a minor child. She repeatedly demanded the inmate manual and complaint forms. She demanded the whereabouts of her daughter and for someone to check on Mrs. Weidner as she believed that Roger too had been arrested.
One police officer (of two who were pulling her hair, while three others held her while she was double shackled) screamed "how would you like me to rip your fucking hair out of your scalp?" Plucky woman that she is, she replied just as loudly "DO IT" and they did.
About 24 hours later now charges were supposed to be against Lynnae for custodial interference, but the charges never matured. An arraignment was to be held. Surprisingly, this arraignment was at the same time as a "secret" "shelter hearing held in another court was going on for Emily. No notice of this "shelter" hearing for Emily was given to Lynnae.
This family is well known and loved here in Oregon and by me personally. Many supporters rallied on such short notice and different groups went to the different courts.
No arraignment happened for Lynnae - no charges were brought and she was told she would be released in a couple of hours. Because of no charges or arraignment of Lynnae I was able to head over to the "shelter" hearing with a group of outraged citizens.
Lynnae found out through a phone call she was allowed to make to Nancy Luckhurst back in Michigan that there was a hearing for Emily happening at the same time. She demanded to the "court officers" of the jail her right to be at this hearing and the fact she had not been served notice. She was basically told 'too bad'.
Several hours went by and release did not come. Two officers said "we have good news and bad news: you have no charges, but now you have a fugitive warrant from Michigan and we can't let you out". Lynnae calmly said OK and called Nancy once again to say she was now not going to be released.
Not one professional, including the court attorney appointed for Lynnae, Lissa Kaufman , even mentioned the fact the mother was not served notice of the "shelter" hearing and that this hearing should be postponed until such time as she could attend.
The Gallery held at least 12 supporters of this family including myself, Will Gaston, Roger Weidner, Susan Detlefsen of Motherinterrupted TV show, a DHS worker who had been on Susan's show stating the corruption of the system, and Larry Jackson a prominent business and newspaper man. Many stood on the authority of AMICUS CUREA (Friend of the Court) to protest the hearing, the fact the mother was not present, Emily was not present among other things.
Judge Waller allowed the supporters to speak and said she could not move forward with anything as there were no charges pending against Lynnae and they only had a pick up order from Michigan but did not have the paperwork so had no authority to proceed. After much discussion about scheduling the next hearing was set for Wednesday, August 17, 2005 at 1 PM.
Friday, August 12: Sometime in the afternoon, Lynnae was set free. She found the elderly Mrs. Weidner ( 95 years old) still traumatized by the events of 3 days prior. She kept crying and praying for Emily and asking how could the police take a child who is calling and crying for her mother. She went to her knees a few times to pray for Emily. She kept saying "Emily, my princess, what can be happening to her. Why would they take her from her mother that loves her so. I used to work for child abuse services there is no abuse of that little girl they love each other very much". This has also been captured on video and will be presented to the judge.
At about 4:15 pm after several calls to attorney Lissa Kaufman's office where she was told Ms Kaufman was unavailable until Monday she did get a chance to speak to the legal assistant. She was told very little was known and could she (the assistant) call back and set an appointment for Monday morning at 11:30 to meet with Kaufman. She was however given JD Devros the caseworker/supervisor's number to call about Emily.
At 5:05 PM the legal assistant called back asking if Lynnae had been able to reach Devros ( no) and said she had been on the phone with him herself. At this time Lynnae was informed of the case number, that Kaufman had requested parenting time with Emily prior to the next hearing, that Devors had been given the contact information and was going to set up that and talk to her (HAS NOT HAPPENED) and that the new shelter hearing had been ADVANCED TO Monday, August 15 at 1PM. She said this was done without finding out if any attorney was available. She said there would be no time to with attorney Kaufman except possibly a half hour prior to the hearing. Also Lynnae was informed at that time that following Monday's hearing Emily would be sent back to Michigan.
Of course, Lynnae protested all of this and again protested the fact she had not been served notice. She was told she would be served at court.
Now this is AFTER 5 PM and on a FRIDAY where no state offices or courts are open.
Lynnae did call Devros and left a lengthy message. She also found the email address for Devros and has sent emails to him - again with no response.
Susan Detleftsen provided Judge Waller's email and the Judge has been receiving email also.
has also been hearing about this along with many thousands of individuals, activists, news media and legislators across the nation and the world. The White House has been contacted.
All individuals including legislators back in Michigan are livid about what has taken place here in our "fair" state to "protect" the mental, emotional and physical safety of children and specifically this little tiny child.
I, Pamela Gaston's husband, president and founder at "A Voice for Children", founding member of the 5th Amendment Coalition, Founding member of AFRA (American Family Rights Association) founding of OFRA (Oregon Family Rights Association) and ranking officer in Gideon's Army am OUTRAGED.
We are calling for an all out press of people to attend this phony, unlawful hearing and once again observe the fraud of the court and the outright corruption and conspiracy that holds us ALL in its evil clutches.
Pray for this family - let your voices be heard in hitting "reply all" and add your VOICES in getting this poor little girl FREE and back in the arms of her loving but devastated parent. You will be reaching the Judge and the caseworker on this case.
Will Gaston
A Voice For Children
Pamela and Will Gaston
P.O. BOX 132
Mt Angel, Oregon 97362
*****
Hiding Place Becomes Scorched Earth
August 12, 2005
The Lynnae and Emily Lake story
On August 10, 2005, a mother and daughter were violently taken into custody by at least seven Portland Oregon cops with no warrant. The mother, Lynnae Lake, did not resist arrest, but the cops beat the daylights out of her. The cops were reminded of their Constitutional responsibility in making an arrest, and replied "We don't need a warrant and we don't have to give her her rights".
The daughter, 9 year old Emily Lake, tried to protect her mother and was pepper sprayed TWICE.
Which leads one to wonder if the cops even knew why they were on the call.
The "authorities" are pretending that this is a "child abuse" case. Other than the egregious abuse of Emily by the "Child Protectors" when they had her in custody in the past, this case is about PROPERTY, land and home.
The way I understand it-
In Michigan, there is a lovely piece of land situated close to a lovely river in a lovely valley. This lovely scene is located about 5 miles downstream from a chemical plant. The chemical plant had destroyed the river and poisoned the land. Lynnae Lake had sought redress from the chemical company's damage to her property value.
In short order, a "child abuse" allegation surfaces. There is no quicker way to make your political troubles "go away" than a child abuse allegation against a parent. The CPS agency will go after the parent with malicious disregard for fact, truth or the Constitutional protections afforded to CRIMINALS. This is after all, a CIVIL case.
The accused instantly finds their credibility, honor, and social standing destroyed. Shortly, the accused will lose their job and their financial ability to defend themselves. There is nothing to "win". With the weight of the entire system arrayed against them, and no remaining credibility, the only choice for some people is to FLEE.
The Underground Railroad.
Yes, just like the Underground Railroad for the slaves in the middle 1800's, there is an underground railroad today. It is called "FamTrak". It is only for PROVABLY INNOCENT parents and their children. The operation of "FamTrak" has been severely curtailed over the past 4 years due to America's rapid slide into being a Surveillance State due to the "War against Terror". "Political correctness" dictates that the government is NOT looking specifically for (profiling) middle eastern men between 15 and 50 years old. In order to be "fair", Everybody's movements and travels are surveilled.
Lynnae and Emily Lake were "FamTrak" travelers. They were being protected while advocates in Michigan were plowing through the political labyrinth of Michigan politics to expose this case for what it really is.
The Lake Family
I have been privileged to spend a couple of afternoons with Lynnae and Emily Lake. I found Lynnae (the mom) to be highly intelligent with impressive knowledge and experience with the technical aspects of electronics. I was impressed with her uncompromising insistence on truth, accuracy and high moral and ethical standards. Emily Lake (the daughter), like most homeschoolers was very well-spoken, polite, and quiet, exuded a high intellect. She was terrified at the possibility of ending back in CPS' talons based on her previous terrible experiences in foster care. Unfortunately, her fear of abusive treatment by the authorities continues to be prophetic.
Current Status
Lynnae Lake has been released by Portland Police due to no warrant or pickup order existed. Emily Lake remains in Oregon Child Protective Service (CPS) custody. The dependency or shelter hearing had been postponed to Wednesday, August 17 has now been mysteriously moved to Monday, August 15 which rather inconveniences the defense to 15 minutes to prepare to appear.
Advocates and activists all over the country are rallying to the Lake's defense.
For a common place for everybody to "meet up" and share information and updates, please go to-
Membership is currently set to OPEN, so you can join right up and share what you want to about the Lake case.
Sent: Wednesday, August 10, 2005 6:30 PM
Subject: [OFR] CPS Gestapo Arrests Hiding Child and Mother
A shelter hearing for Emily Lake will be held tomorrow at 2:30 at the Multnomah County Juvenile Courthouse at 1401 NE 68th (behind the Glisan Fred Myer).
Emily and her mother "Anne" left their home back east some time ago to avoid being separated for a second time by CPS. Many of these families contact me because I have a cable show that exposes CPS fraud and abuse.
Some of you who will receive this will remember meeting Emily, a bright, charming 9 year old who reported being kidnapped by CPS and abused in foster care, then finally returned to her mother, only to be hunted again by CPS, beginning sometime a year ago or so. Rather than subject her daughter to being taken again by CPS, Anne did what hundreds of other mothers across the country have done: hide their children from CPS, who alleges to be "protecting" the same children who say CPS has hurt them in the past.
According to an eye-witness report, Emily and Anne were violently apprehended by Portland Police (7 patrol cars with police dogs). Both Emily and the mother were pepper sprayed, and the mother, trying to protect Emily from police, may have been beaten. Emily was heard screaming for her mother and violently protesting her "arrest" by the Portland Police.
Please show your support for the family tomorrow by attending the shelter hearing tomorrow.
UPDATE -
The mom [Lynnae Lake] called me today from the Multnomah Co jail in Oregon. 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 amendment 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 amendment 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. They 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 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 $10,800 in back rent. And the house was inhabitable, but she was not the agent for anyone. 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.
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 nullify 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 Michigan 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, has been abused by the State of Michigan DHS/CPS.
Dear God in heaven will 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 they 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.
Update 11 AUG 2005
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 Joelle Detlefson 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
Posted by radac1 on 01-11-2009 1:14 PM
I am advising that no one else reply to this thread....you may be called as a witness in any legal proceedings if they subpoena the webserver for identity purposes.
Posted by windex on 01-11-2009 1:34 PM
Just so everyone knows, I'm not enjoying this and could have lived very happily not knowing that this stuff goes on.
Unfortunately, because of my prior history of alcoholism ( I haven't drank since 11/02/95) it was easier for the CPS to sit back and make a case against me, rather than investigate actual abuse and neglect.
As you can see from the Children's Rights lawsuit, kids are still left to rot in foster care, only to be dumped by the system upon turning 18.
Then they waste valuable resources on this witch-hunt against me.
Posted by windex on 01-11-2009 10:08 PM
Illegal show of force
In regards to the March 26 article, "A family on the run," concerning the Myers family, I wonder who the Antrim County Family Independence Agency, building officials, and the prosecuting attorney think they are?
Terrorizing American citizens like that. Shame on them.
They are terrorists, socialist government thugs in desperate need of removal from their positions.
I don't know where they think their power has been derived from, but in the United States, citizens are protected by the Bill of Rights.
I find they have violated the 4th Amendment to the Constitution, which guarantees citizens to be secure in their persons, houses, papers and effects against unreasonable searches and seizures.
It is clear that the FIA was not acting in the best interest of the family, but rather a show of force by Antrim County officials.
I urge the residents of Antrim County to deal with this problem seriously and swiftly, or next time it could be them.
Please be advised of the following criminal law: U.S.C TITLE 18 SEC 241 and 242 U.S.C TITLE 42, 1983, 1985, AND 1986 - "If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution of the Laws of the United States, or because of his having so exercised the same; or
"If two or more persons go in disguise on the highway, or on the premises of another, with the intent to prevent or hinder his free exercise or enjoyment of any right so secured -
"They shall be fined not more than $10,000 or imprisoned not more than ten years or both; and if death results, they shall be subject to imprisonment for any term of years or life."
Marty J. Warner
Rapid City
Posted by windex on 01-11-2009 10:19 PM
March 26, 2000
A family on the run
Minor infraction leads to major trauma for Myers clan
By KEITH MATHENY
Record-Eagle staff writer
ALBA - Joseph and Mary Myers thought spending a couple of winter months in northern Michigan with their six kids while finishing work on their getaway cabin would draw the family closer together.
Instead, it nearly tore them apart and turned the family into fugitives.
Mary and her children recently came out of three weeks of hiding near the family's permanent home in Battle Creek. They were on the run from a court order issued in Antrim County to take custody of the children.
The Antrim County Family Independence Agency was attempting to make five of the Myers' six children - ranging in age from 3 to 15 - wards of the court, while investigating the couple for neglect.
The Myers weren't accused of physically abusing their children, or failing to feed or clothe them. Their crime was staying in the cabin before receiving a final occupancy permit from the county building department.
The Myers maintain it was a case of bureaucratic overzealousness, something that should have resulted only in a citation or an order to vacate the cabin. County officials, however, said they were following state regulations designed to protect the safety of children.
"They made me feel like an unfit parent," said Joseph Myers from the family's Battle Creek home. "They've traumatized my children to the point that even today, when a police car drives by, they think they are going to be stopped and picked up."
Local FIA officials declined comment on the Myers case. Prosecutor Charles Koop defended county officials.
"The neglect had to do with the fact they were in a home without an occupancy permit, and it was heated by a wood stove without a safety inspection," he said.
"If the house burns down because it wasn't properly inspected and the children get hurt, then it becomes, 'The FIA knew about it and didn't do anything.' You're damned if you do and damned if you don't."
Joseph Myers said the family purchased their property off Sand Hill Road in Star Township a little over a year ago and began working on the cottage there last June.
"We'd been working on it off and on, coming up on the weekends," he said. "It's going to be a hunting cabin, just a little vacation place."
With the cabin near completion, the couple decided to spend a couple of months there this winter as it was finished.
"I'd had to do a lot of traveling for my job for the past few years, and my wife and I decided we were going to be together as a family all winter long," said Joseph Myers. Until recently, he was a divisional quality representative for an automotive company.
Added Mary, "We were there to work, get the cabin done and get back down here and on with our life. We were looking at it as a vacation."
The family lived in a $90,000 motor home equipped with a shower and toilet beside the cabin until around Christmas, when it became complete enough to stay inside. The couple home-schools their children.
Joseph said the cabin is far from a shack.
"It's well-heated, it's paneled and it's nice," he said. "We have a $2,000 wood stove, running water, and electricity run by a 9,000-watt generator."
The children enjoyed their stay in northern Michigan, Joseph added.
"They went tobogganing all the time, they snowmobiled, they did their schooling. They had a lot of fun," he said. "We even had a TV and VCR and watched movies from time to time."
All of the children in the Myers family are adopted. On their collective trips to mass on Sundays at St. Thomas Aquinas Catholic Church in Elmira, they no doubt stood out in the tiny community, as four of the six children are black.
Mary said that it was one of the family's Sunday outings that must have aroused someone's suspicions.
On Feb. 16, an FIA case worker and sheriff's deputy came to the cabin and spoke to Mary. Joseph was not there at the time.
"I was told that the complainant reported us to FIA for having foster children, a large quantity of them that seemed to change, in a cabin with no heat, electricity or running water," she said. "I don't know where they got that from; I don't know where they got the foster children from.
"Who in their right mind is going to have kids - any kids - in that situation, without heat or running water? You just don't do that."
The Myers are affiliated with the Home School Legal Defense Association, a national advocacy group for home-schooling families. The association often defends home-schooling families in cases where local governments may be infringing upon their rights.
Remembering what she had read in HSLDA materials, Mary said she asked the FIA agent and officer to step out of the cabin and onto the porch.
"Once they're in the house, it usually gives them all the rights and takes yours away," she said.
Mary said she told them to call an attorney with HSLDA, who could provide them with all of the information they sought, including adoption papers and birth records proving their children were not foster children.
Deputy Jim Janisse, the county's juvenile officer, said the defensive posture by Mary Myers and her failure to allow inspection and provide information were important factors in the county's later actions.
"If open communication was provided by the Myerses, then I think absolutely it could have been more easily resolved," he said.
After the county officials left and Joseph returned, the family decided to have Mary and the younger children return to Battle Creek.
"I just didn't feel right about it," Joseph said.
Joseph and his oldest adopted son, 17, remained to finish some work on the cabin.
Two days later, on Feb. 18, seven law enforcement personnel arrived at the cabin with the order to pick up the children.
"I was shocked," Joseph said. "The order to pick up the children was not based upon their being foster children in a home with no heat, but on a totally different item - on the children being in a home that didn't have an occupancy permit. They wanted to pick them up due to neglect for that."
Added family friend Rory Haven of Elmira, who helped the family with the cabin construction, "They weren't living there. They were like 100,000 other people who come up here, stay, work on their cabin and go home. So he doesn't have an occupancy permit. Isn't that a civil infraction? Why were policemen swarming their place?"
Koop said the FIA petition indicates county building officials told the Myers they had to be out of the cabin by Jan. 1, and action was taken only after they still were there in mid-February.
Mary and the younger children moved out of their Battle Creek home, staying at a friend's house.
"Even though we were so far from Antrim County, you just never know with that court order out there," Mary said.
On March 3, Koop rescinded the order, because the family was no longer in the county or staying in the cabin.
Joseph said he's outraged over the incident.
"People cannot go around and make a false report, affect people's lives and not be accountable for it," he said. "And these social workers need to have more education and a little more training before they file these reports that terrorize children and families."
Added Mary, "If they would have been willing to work with the lawyer from Home School Legal Defense, gotten their answers, that would have been that."
Janisse said officials acted appropriately.
"The government isn't there to rip families apart," he said. "The whole premise of Family Independence Agency, the probate court and the sheriff's department is to keep families together."
The county's desire to have the family not residing in a cabin without a final occupancy permit has been met, Janisse added.
"We're pleased because the family is together, and choices were made by the family to keep that family together," he said.
Pat Hirzel, a private attorney for the Myerses not affiliated with the Home School Association, acknowledged emergency orders of the kind issued against the family are necessary to protect children in extreme cases of abuse and neglect.
"You can't wait 30 days for a court hearing if children are being abused," he said. "It doesn't work perfectly. This is a case where it didn't work. But that's the price you pay to have a system where it works in other situations."
Posted by windex on 01-12-2009 10:06 AM
"All of the children in the Myers family are adopted."
Michigan gets a federal bonus for each child adopted out of foster care. It is common practice for a child to be adopted by a family, only to be removed and re-adopted elsewhere for another bonus.
Posted by windex on 01-12-2009 11:44 AM
Please note that when the state trooper came to my home in May, 2007, the paperwork shown to me stated that R's DNA wasn't on file with them. Since the sample was taken at the ACSD more than two years prior, where is it?
Also, I was in contact with Mancelona attorney Jack McKaig regarding the SOR. He said that he spoke with Mr. Hefferen, who said that I was right regarding registration requirements.
Nobody from Antrim County Probate Court has contacted me, although I only have three more days to register him. I was hoping we wouldn't have to endure the humiliation, yet again.
KEITH MATHENY
Record-Eagle staff writer
TRAVERSE CITY - A former supervisor in the Michigan State Police Crime Lab's DNA analysis unit had a subordinate take a required proficiency test for him last year, an internal investigation found.
A state police commander said the incident doesn't affect the integrity of the hundreds of DNA tests done by the Lansing lab each year. But prosecutors statewide are cautiously taking a hard look at past cases.
"I would consider this possibly exculpatory information I should provide to the defense," said Marquette County Prosecutor Gary Walker, chairman of the Prosecuting Attorneys Association of Michigan.
Added Antrim County Prosecutor Charles Koop: "We're trying to figure out our damage."
State police and attorney general's office officials declined to name those involved in the bogus test. But sources familiar with the investigation, speaking on condition of anonymity, identified Charles Barna as the former laboratory administrator alleged to have improperly passed off the test. The name of the subordinate employee who took the test for Barna was not disclosed.
Barna resigned from the state police earlier this year. Attempts to reach him for comment were unsuccessful.
State police forensic science division commander Capt. Michael Thomas, while not naming Barna, said the administrator involved "was not involved in casework."
The state police require all crime lab analysts to take annual proficiency tests in their area of expertise, twice-a-year tests for those involved in DNA analysis, Thomas said. Investigation revealed the test pass-off occurred only one time, he said.
DNA testing for criminal cases is done by a crime lab analyst whose findings are then reviewed by a second scientist in the same area of expertise using strict, technical criteria, Thomas said.
Thomas said the administrator involved reviewed DNA findings only after a report already was written from the first and second analysts, "making sure there are no grammatical errors and that it is in the format in which we submit laboratory reports."
Two outside audits of the lab's work, by the U.S. Department of Justice's Office of Inspector General and the National Forensic Science Technology Center, have been conducted since the incident came to light, Thomas said. State police await final reports from those reviews, but exit interviews indicated "there was no concern about the casework coming out of our laboratory system," he said.
The incident, far from showing a failure in the lab's procedures, showed just the opposite, Thomas said.
"What we identified is that our procedures and quality assurance program works," he said. "It immediately identified a situation that we deemed inappropriate, and it was immediately addressed."
Government/Politics
Topic: Re: Torture Called Treatment -- Antrim County
Upnorthlife.com Forums
Page 5 of 5 (75 items) « 1 2 3 4 5
Posted by windex on 01-12-2009 11:53 AM
Antrim's foster program under fire
County prosecutor raises questions about how court officials used money from the Child Care Fund
By KEITH MATHENY
Record-Eagle staff writer
BELLAIRE - An investigation of the Antrim County Probate Court's foster care program by county prosecutor Charles Koop raises questions about how court officials use money from the Child Care Fund provided by the state and county.
The court spent more than $876,000 from the Child Care Fund in fiscal year 1998 - making Antrim the top county in the state in per-capita expenditures based on its youthful population.
The country ranks 62nd out of Michigan's 83 counties in both overall and youth population.
The expenditure was nearly 40 percent more than the next-highest county in the region - Grand Traverse - which has a youthful population 372 percent greater than Antrim's, according to state foster care management report records cited by Koop.
Probate Court Judge John Unger, among the officials singled out in the report, attended the commissioner's meeting, and disputed both the findings of the report and the manner in which it was conducted by the prosecutor.
"This report is full of innuendoes and speculations. A lot of the facts are wrong," said Unger, who has served as Probate Judge in Antrim for more than 23 years.
Among the findings in Koop's report, delivered Thursday to the board of commissioners:
- Relatives of Unger and court Juvenile Register Pat Theobald were paid more than $125,000 in fiscal year 1998 for foster care services they provided - a practice that may not be allowable under state administrative rules regarding nepotism in courts.
Among the relatives cited in Koop's report are Vicki and William McKay, the sister and brother-in-law of Theobald.
The McKays were licensed foster care providers until May 1999, when they forfeited their license as part of a settlement after William McKay admitted to furnishing alcohol to a minor female court ward placed in the couple's home.
William McKay's employment was apparently continued by the court after the license revocation, and he remained in contact with youths until he began to serve a jail sentence as a result of the case, according to Koop's report.
The couple was paid more than $40,000 in per diem pay in 1998 for guardianship of a minor, non-related child.
"Mr. McKay's continued employment by the Probate Court, after he acknowledged providing alcohol to a minor, certainly gives the impression of favoritism," Koop states in the report.
- Theobald and her late husband, Kelly, received $60 per day for guardianship of a court-placed child - an amount more than double that typically paid even for wards of the court who require intensive supervision. The amount has since been lowered to $31.40 per day, still above what is typically paid, Koop states.
Pat Theobald also serves as an independent contractor to the court, overseeing its Intensive Probation Program. In the 1998 Child Care Fund the job paid $15,000 - $10 per contact for 1,500 contacts with children. In the proposed 1999 budget, however, the cost is $20 per contact, with contacts reduced to 750.
"In effect, it is a 100 percent increase in pay for services being rendered," Koop said.
- The Probate Court paid more than $11,500 to send a child to Interlochen Arts Academy for a year. The child had entered the court system on a minor in possession of alcohol charge; there was no record that the parents of the child were neglectful or abusive, and the child appeared to have no prior contact with the Probate Court, according to Koop.
Koop said it is unclear whether the state reimbursed the court for the child's tuition, room and board, which would be a violation of the state Constitution and Proposal C, which prohibit the use of state funds for private schools.
- More than 22 percent of the Child Care Fund, approximately $175,000, is spent annually on the Miaheyyun Day Treatment Program, an alternative treatment and education program serving seven students per year.
"This is a substantial portion of funds being expended for very few children in Antrim County," Koop states in the report.
The building used by for the program, a converted residence attached to the Green River Trading Post off M-66 in Chestonia Township, meets neither state fire marshal nor county building codes, and was ordered closed by Koop on Saturday (see related story on Page 2A).
Commissioners referred the report to the county's two circuit judges, Thomas Power and Philip Rogers, for review and recommendations.
Unger said the State Court Administrator's Office has been asked to review the nepotism charges.
"We've invited the State Court Administrator to look at what we've done, how we've done it and how we've paid for it," he said.
Unger said he is "extraordinarily proud" that Antrim County spends more on its foster programs than anywhere else in the state.
"I do not believe Antrim County has more neglected children than other counties," he said. "I think what's happened here is more a belief by the Family Independence Agency that if they bring a petition, Antrim County will take it seriously."
Unger said many of the questions raised in the report could have been answered if Koop or commissioners had asked him or others in the Probate Court office.
Koop states in his report that it should not be construed to imply that relatives of Unger and/or Theobald are not adequately providing the services for which they are being compensated.
"This is money that's being spent, and it needs to be investigated whether it is proper," Koop said. "I don't say that it's improper."
Commissioner's voted unanimously to have the county's auditor review the figures cited by Koop, and provide any additional information available.
County commission chairman Jack White expressed confidence in the ability of Power and Rogers to evaluate Koop's report and make recommendations to the county board and the Probate Court.
Posted by windex on 01-13-2009 12:34 PM
T C B C H R O N I C L E S
home | previous issues | contact us
Chronicle Two
July/August 2000
Highlights of this issue:
*
The Orphans of Iowa
*
Child Abuse or Discipline?
*
Cover Story: Dorothy’s Never Coming Home; New Law Puts Families in Crisis
*
Four States Allow Jury Trials; CPS Watch Finds
*
Supreme Court Affirms Family Rights
*
Full Contents of this Issue
Dorothy's Never Coming Home
New Federal Law Paves 'Yellow
Brick Road' to Statehouse
Child protective agencies nationwide are forcibly removing more children from their homes even when the agencies' own investigations establish that the children have not been abused or neglected, according to reports submitted by state agencies to the National Center on Child Abuse and Neglect (NCCAN) during 1998. full article
Child Abuse or Discipline?
Child Protective Services . . . Child Welfare . . . Family Services . . . call it what you may but for some individuals, just the thought of this agency can send them into a panic. They have good reason to panic. One wrong individual within this agency can destroy a person's life and do it legally. Not just destroy one person but families. Numerous families!
You may find yourself reading this article and thinking, 'Oh, that only happens to the poor. It could never happen to me.' Well, I am sorry to inform you but it could happen to anyone of us. I know. I have been the social worker who has knocked on numerous doors over the course of my six years with Child Protective Services. full article
Supreme Court Affirms Family Rights
The U.S. Supreme Court strongly affirmed family rights last month when it ruled that the state couldn't interfere with a parent's chosen method of child rearing unless the parent had been deemed unfit.
Supreme Court Justice O'Connor joined by Chief Justice Ginsburg and Justice Breyer concluded that a Washington state law allowing any person to petition the court for visitation was unconstitutional and violated parent's rights to direct the upbringing of their children without interference from the state. full article
The Orphans of Iowa
Once upon a time, a long time ago, higher death rates than today left many Iowa children without their moms and dads. The children were placed in orphanages where, deprived of close bonds with their mothers, they developed very poorly. The orphans tended to be smaller than normal children, had lower I.Q's, related poorly to other people and their own death rates were much higher than average (Spitz 1945). full article
Four States Allow Jury Trials; CPS Watch Finds
Currently, four states provide parents the right to jury trials during the adjudication phase in juvenile court, CPS Watch has learned.
Parents and children have the right to request jury trials in Colorado, Michigan, Wyoming and Wisconsin under criteria that varies among the states. full article
Full Contents of this Issue:
* Letters to the Editor Page 2
* The Orphans of Iowa Page 3
* Child Abuse or Discipline? Page 5
* Cover Story:
Dorothy’s Never Coming Home; New Law Puts Families in Crisis Page 9
* CPS Related News from Across the Nation Page 12
* Four States Allow Jury Trials; CPS Watch Finds Page 20
* Supreme Court Affirms Family Rights Page 21
* Publication Address and Contact Information Page 23
* Tour for Families Information Flyer Page 24
CLICK HERE TO SUBSCRIBE TO TCB CHRONICLES!
TCB Chronicles is the official publication of CPS Watch, Inc., PO Box 974, Branson, MO 65615-0974
All content © copyright CPS Watch, Inc.
Posted by windex on 01-13-2009 12:45 PM
T C B C H R O N I C L E S
home | previous issues | contact us
Legal Orphans; Government’s Assault on Children
by Cheryl Barnes
Technically, the children have parents, but legally, there is no parent of record. They’ve been permanently separated from their parents through termination of parental rights, but haven’t been adopted.
In the last two reporting periods, our government has created 30,750 legal orphans. And the rate at which our government is creating legal orphans is increasing with a 20% increase in fiscal year 1998 over fiscal year 1997. Data for fiscal year 1999 is not yet available.
If we continue to legally orphan children at this rate, there will be
one-quarter million legal orphans by the year 2002. An interesting irony since the goal of the Adoption 2002 law was to double the number of adoptions each year until 2002. While adoptions are increasing, the number of children left without parents increases at a higher rate. By the year 2002, instead of eliminating the pool of children without parents, we will more than double that number.
The Adoption and Safe Families Act (ASFA) was supposed to keep children from “languishing” in care and get those already in care into permanent homes. It has had the opposite effect mainly because it focuses on termination of parental rights, an act that orphans more children.
How Children Cope with Loss
When a [child] suffers a loss, he/she grieves. The feelings of grief are strong, painful, and difficult to sort out. The [grieving] model presented in this manual identifies the following five stages:
* Denial. At first, the [child] doesn’t want to believe the loss. He/she cannot endure the pain. So he/she pretends it is not true, or that it doesn’t really matter.
* Guilt. Surely, there was something the [child] did that caused the loss or something that he/she could have done to prevent it. A child always feels responsible for a loss that he/she experiences.
* Anger. This stage usually follows guilt. The [child] questions why the loss occurred, feels it is not fair, and seeks some other person to hold accountable for the pain.
* Sadness. When a [child] realizes that the loss has, indeed, occurred and that the impact of the loss cannot be undone by guilt or anger, there is an intense awareness of how much the lost person will be missed, particularly during moments that had been shared and treasured (mealtimes, bed time, holidays, etc.). This sadness is so overwhelming and the pain so acute that it cannot be endured for long. Each [child] allows it to come and go by retreating to one of the earlier stages.
* Acceptance. This final stage is never fully realized. Acceptance of a significant loss is never total acceptance. Acceptance resembles denial and a [child] starts through the process again or goes back to one of the earlier stages. Any new loss, of course, generates a new round of feelings, and pushes [the child] back towards denial.
Source: “Substitute Care Providers: Helping Abused and Neglected Children”; The User Manual Series, U.S. Department of Health and Human Services, Administration for Children and Families, Administration on Children, Youth and Families, National Center on Child Abuse and Neglect; pages 36-37
The ASFA requires states to file for termination of parental rights when the child has been in foster care for 15 out of the previous 22 months. The presumption is that if a child has been in care this long, it must be the parent’s fault. However, this is often not the case. Social workers fail to provide services in a timely manner and many cases get backed up in the courts.
According to the AFCARS report for fiscal year 1998, 71% of the children that were permanently separated from their parents through termination of parental rights were children aged five and under. This is in sharp contrast with the fact that only 37% of the children taken into custody were aged five and under. In fact, a child removed from his parents at age five or under is more than FOUR times more likely to lose rights to their parents forever than those removed over age five. This indicates that parental rights are being terminated based upon adoptability. This is further evidence by the fact that 48% of the adoptions were children aged five and under.
What kind of effect does this orphaning activity have on the child? Our federal government knows.
FIGURE 1
According to the federal manual for Substitute Care Providers, our government expects children to experience great pain when dealing with loss and to never fully accept the loss. (Figure 1)
The federal manual further states that any new loss will generate a “new round of feelings” and push the child back toward denial, guilt, anger and sadness. How many losses does a legal orphan suffer?
First, they lose their home, their parents, favorite toys, comfort and security.
Next, they will be allowed to see their parents less and less until visitation is completely cut off.
Then they lose all rights to be legally associated with their parents through termination of parental rights.
Next, they will lose their last name when they are adopted. They may even lose their first name if the adopters aren’t satisfied with it and change it to suit their own interests.
When this happens, the child’s original birth certificate is replaced with a new one, another significant tie to his parents.
Next, in one out of every four cases, the child will even lose the people that adopted him. These new parents will grow tired or frustrated with him and return him to the state where the process starts all over. In these cases, the traditional parents aren’t notified that their child is once again a legal orphan.
If our government concedes that even one significant loss causes a child such horrendous grief, how do they expect children to survive the repeated significant losses they endure in the system?
What kind of adults will these children become?
TCB Chronicles is a publication of CPS Watch, Inc., PO Box 974, Branson, MO 65615-0974
All content © copyright CPS Watch, Inc.
Posted by windex on 01-13-2009 4:22 PM
deleted
Posted by windex on 01-13-2009 7:27 PM
deleted
Posted by windex on 01-14-2009 1:55 PM
Michael Nunn, ACSW
802-A S. Garfield Ave
Traverse City, Michigan 49686
Mr. Brett Baird, Attorney at Law
P.O. Box 1858
Traverse City, MI 49685-1858 December 20, 1999
Re: R, J
Dear Mr. Baird:
I am writing this letter at the request of Mr. R, who has a hearing today to enter his plea regarding a charge of physical abuse of a child. I will try to be brief.
I have been seeing Mr. R since July 9, 1999, as an individual and family counselor. Along with Mr. R, I had seen his son, J, prior to a case being opened with the FIA. The reason for J coming in had to do with tensions in the home of his live-together partner, W , and some behaviors which J felt to be out of control - including some of his own behaviors.
J, who only recently turned nine, was having difficulty with Ms. son, B. There was a lot of shouting and hitting between the two. W felt that B, who had been doing well since attending the Professional Parent program through Child Guidance, was regressing because of J's constant attacks on him. At one point, angered by his incessant behavior, J had grabbed J and squeezed him hard enough to bruise him. Following this incident, both Wand J spoke with family about it and then decided to self-report this to the FIA. Their intention was to get J enrolled in Professional Parenting and to get individual, couples and family counseling assistance to deal with the problem at home.
A case was opened on 07/30/99 retroactive to 06/01/99. Among the identified goals were assessing father and son for risk of re- abuse as well as assessment for attention deficit disorder with appropriate referrals for medication management. The undersigned saw the family at their home on one occasion prior to leaving the state for several weeks. Following this, the protective services worker felt it was in the best interests of child safety to remove J from the home.
Since that time, J has been in the care of Professional Parenting, and has been doing well by all accounts. Not faring so well have been his family, which has been extremely reactive to protective services involvement. J is a young father who was raised in foster care himself and who feels that the FIA is creating an intergenerational pattern of fostering. J feels slighted by the FIA in that he had taken the original steps to get
Re: R, continued Page 2
help for his family, and the FIA showed its appreciation by taking custody of his child.
Over the months since J was placed, J has been perceived by involved agency workers as manipulative and threatening. Even members of his own family have said this. However, in counseling with the undersigned, J has never been abusive. He does state that he feels "taken right out of the loop as far as having access to visits with his son (they are now only 2 hours each Saturday) as well as decision making regarding his son's health and emotional status (e.g.,, J was disheartened to find that J had been placed on Ritalin without his having been asked, or told).
Despite help agents, complaints about J's hostile attitude, he has shown dedication towards making contacts with his son, and reports of his behaviors with J indicate that J is being positive and upbeat during these visits. The undersigned saw J with his father on two consecutive weeks and felt that the relationship was close and affectionate.
Most recently, J was unhappy over what he felt to be a rather abbreviated holiday visitation schedule. When he attempted to negotiate this with the caseworker, he was referred to Mr. Crandell of the FIA. There were some pointed words exchanged and Mr. Crandell decided to hold J to the 2-hr per weekend limit at this time, and informed J that he would have to take or leave the offered visitation for Christmas.
Despite the contentious atmosphere regarding this case, it is remarkable to note that no one disagrees with the observed fact that J R is benefiting from being in the Professional Parenting program. It appears to the undersigned that if J were granted full custody of J at this time, the Professional Parenting program might not be inclined to continue services because of the dad's perceived lack of cooperation. This would not be in J's best interests, as he is well adjusted in his current home and would benefit from being in the program for the remainder of the school year.
However, J is having a difficult time with several of the involved help agents whom he perceives to be abusive of their authority and who interact with him in what he feels to be a punitive manner. He has complaints about his relatively scant visit time when the maternal grandparents get to see J much more frequently.
Lastly, as far as J's guilt or innocence over leaving the bruises on his son, he takes responsibility for that and states that "If I have to go to jail, then that's what I'll have to do.
Re: R, continued Page 3
But I was legitimately trying to get help for my family and it seemed like no one was listening."
Recommend:
I would most respectfully recommend to the court that Mr. R not be jailed if he pleads, or is found, guilty. He is doing well in counseling and has shown excellent motivation to deal with this difficult situation in an appropriate manner. It would be detrimental to J's state of emotional health to know that his father was sent to jail over something which J feels was his own fault (i.e., poor behavior). Despite taking some time to assure J hat his father's behavior was inexcusable, it remains that J will feel he put his dad in jail..
Rather, I feel that J would do well to be able to take full responsibility for his actions and place them in the context of other events occurring within this family that are not negative but instead looking towards an emotionally healthier future. Certainly it would help J to be placed under constraints of probation or even to consider deferred jail time, as this would underline the importance of continuing to work with help agents in the interest of his family.
Regarding the custody issue, it appears that Mr. R would like clarification from the court as to what is the current status of J's guardianship; as well, it appears that the FIA would like to clarify this in order to determine the proper approach to J's treatment.
If you have any questions or concerns, please do not hesitate to call me.
Sincerely,
Michael Nunn
Excerpt from Timeline 1999/2000
December 20,1999 - Court was scheduled for 4:15 P.M..
J and W arrived at 4:00 P.M.. They were met and told by Brett Baird that court was over and that they would be going to trial in March. Brett Baird left with Jack Crandall for twenty minutes into the courtroom(?) and came out and told J that he would be in touch in the next few days. (He didn't get back with J until February 2,2000.)
Mike Nunn submitted letter to Brett Baird pertaining to FIA's poor and unprofessional manner in which they handled this case. Mike Nunn's report also states that the FIA would also like clarification as to guardianship of J.
NO RECORD OF THIS HEARING HAS BEEN SEEN BY CLIENTS OR ANYONE ELSE KNOWN UP TO THIS PRESENT DATE.
March 11,2000
Counseling session at Big Boy, in Kalkaska, with Mike Nunn and J and J turned into a counseling session for Mike Nunn.. According to J, Mike Nunn showed up intoxicated: intoxicated on someone elses prescription medication that was an anti-depressant and anti-anxiety medication. J thought the name of the drug was Adavant(?) but Mike Nunn was difficult to decipher. Mike Nunn also admitted to falling asleep at the wheel while driving to meet J and was "spacey" during the whole "counseling session."(Taxpayers' money at work!) J reported that J's whole reaction to Mike Nunn was one of humor. J had seen adults one too many times in his life intoxicated not to notice such behavior so did his best to "mess with Mike's mind".
Posted by windex on 01-16-2009 9:55 AM
Click to join FixCPS
Click to join FixCPS
The Central Registry of Child Welfare Fraud!
For many years the Congress of the United States has worked diligently to protect the health and welfare of the nation's elderly and poor by implementing legislation to prevent certain individuals and businesses from participating in Federally-funded health care programs. Legally Kidnapped has mandated that the health and welfare of the nation's children and families must be protected by including Child Welfare Agencies in this exclusion database. Foster Care and Adoption Agencies should be banned from entering contracts using federal funds if the bases for exclusion have been met.
Bases for exclusion include for child welfare program-related fraud, child abuse, child deaths, licensing board actions, improper and questionable claims, false reports.
The effect of not being able to participate in federally funded contracts is:
* No payment will be made by any Federal child welfare program for any items or services furnished, ordered, or prescribed by an excluded individual or entity. Federal foster care and adoption programs include Medicaid Targeted Case Management, and Social Security Title IV A, B, D, and E, Maternal and Child Health Services Block Grant (Title V), Block Grants to States for Social Services (Title XX), State Children's Health Insurance (Title XXI) and all other plans and programs that provide health benefits for foster care and adoption funded directly or indirectly by the United States.
Posted by windex on 01-17-2009 2:31 PM
Check out Dr. Ismail Sendi from Havenwyck and Dr. Merit Colfer from Northwest Michigan Child Guidance Center.
Posted by windex on 01-18-2009 11:56 AM
Home Directories
Rankings
Journals
Forums
Resources
Maps
About Us
Login Register
Find Judge or Nominee
Search
Censor Level:
Welcome Guest
Home->Main Forum->State and Other Courts->Michigan->Judiciary->Antrim County->Courts & Judges->Probate Court->Judges->Chief Judge Norman R. Hayes ->Judicial Misconduct or Failure to Perform Judicial Duties->MI JTC Complaints Surge - Yet Many Complaints Still Ignored
Topic
Guest
2008-02-16
06:55:25
MI JTC Complaints Surge - Yet Many Complaints Still Ignored
Judge Norman R. Hayes Complaint filed with JTC
This Judge will finally have to explain his errant tactics, collusion, and corrupt inter-office dealings. Inexplicably he has removed a Father's Parental Rights while sanctioning four little children continue to live in emotional and physical distress.
He has refused to arrest, convict, nor writ PPO against the PERP John J. Evich of Westland, MI.
Obviously, as long as vast amounts of Title Four money flows into his courts, any neglect is okay with him.
Link to this post
Add Case Notes
Report this post to Administrator
Posts
Guest
2008-02-16
07:14:58
Re: MI JTC Complaints Surge - Yet Many Complaints Still Ignored
guest wrote:
Judge Norman R. Hayes Complaint filed with JTC This Judge will finally have to explain his errant tactics, collusion, and corrupt inter-office dealings. Inexplicably he has removed a Father's Parental Rights while sanctioning four little children continue to live in emotional and physical distress. He has refused to arrest, convict, nor writ PPO against the PERP John J. Evich of Westland, MI. Obviously, as long as vast amounts of Title Four money flows into his courts, any neglect is okay with him.
As a suggestion, you might want to contact Larry Holland of GetOffTheBench.com. His mission is to expose problems in the Family Law Courts - see the post a few weeks ago linking to a podcast where he interviewed Diane Anderson, involving allegations of elder abuse against her brother, David Anderson, and sister-in-law, Marth Anderson, an Oakland County Circuit Court judge. David Anderson is also a judicial candidate.
Link to this post
Add Case Notes
Report this post to Administrator
Guest
2008-06-25
19:17:27
Re: MI JTC Complaints Surge - Antrim county - more corruption?
Link to this post
Add Case Notes
Report this post to Administrator
Guest
2008-08-11
16:56:45
Re: MI JTC Complaints Surge - Antrim county - more corruption?
Link to this post
Add Case Notes
Report this post to Administrator
REPLY
Home->Main Forum->State and Other Courts->Michigan->Judiciary->Antrim County->Courts & Judges->Probate Court->Judges->Chief Judge Norman R. Hayes ->Judicial Misconduct or Failure to Perform Judicial Duties->MI JTC Complaints Surge - Yet Many Complaints Still Ignored
United States Supreme Court1st Circuit Courts2nd Circuit Courts3rd Circuit Courts4th Circuit Courts5th Circuit Courts6th Circuit Courts7th Circuit Courts8th Circuit Courts9th Circuit Courts10th Circuit Courts11th Circuit CourtsD.C. Circuit CourtsFederal Circuit CourtsOther Federal CourtsAlabamaAlaskaArizonaArkansasCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaFloridaGeorgiaGuamHawai'iIdahoIllinoisIndianaIowaKansasKentuckyLouisianaMaineMarylandMassachusettsMichiganMinnesotaMississippiMissouriMontanaNebraskaNevadaNew HampshireNew JerseyNew MexicoNew YorkNorth CarolinaNorth DakotaNorthern Mariana IslandsOhioOklahomaOregonPennsylvaniaPuerto RicoRhode IslandSouth CarolinaSouth DakotaTennesseeTexasUtahVermontVirgin IslandsVirginiaWashingtonWest VirginiaWisconsinWyoming
Judge Directories
State Judges
AL AK AZ AR CA CO CT DE DC FL GA GU HI ID IL IN IA KS KY LA ME MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND MP OH OK OR PA PR RI SC SD TN TX UT VT VI VA WA WV WI WY
Federal Judges
SCt 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th 11th DC Fed Vet Arm FCl Int'l Tax MDL Imm
Copyright © 2004-2009 Government Forums, Inc. All Rights Reserved.
Sitemap
Posted by windex on 01-18-2009 12:39 PM
I am going through my bills from the probate court.
An example of questionable book keeping.
Bill date 12/19/2005 balance due $16,060.61
Bill date 01/04/2006 balance due $14,576.28
It states : PAID BY WB $1,445.25
I DID NOT PAY THIS MONEY!
Where did it come from?
Bill date 03/13/2006 balance due $12,038.50
Cash payment of $770.80 paid by me, again?
As you can see, I am confused as to what method of accounting they use in determining the amount that I allegedly owe the Child Care Fund. I am being credited for payments that I did not make.
REQUEST AND ORDER TERMINATING COURT JURISDICTION
This document is dated 05/30/2006 and is signed by Ms. Little and the judge.
It states : R still owes $100.00 in county court costs, $60.00 in state court costs, and $20.00 to the Crime Victim Rights Fund.
The victim in my son's case was contacted one time by the state trooper who took the original report.
He told the victim's mother that from the paperwork that he had in front of him, it looked as though the CPS was going after me for failure to protect.
After it was discovered that it didn't happen on my watch, the CPS/JJ worker went after my son.
Please note that had the CPS not sabotaged years of therapy at Northwest Michigan Child Guidance Center and had the CPS apprised me of my son's behavior that is well documented by them, my son never would have been in a position for it to happen to begin with.
They have not had any contact with the victim and it is way too late now.
I also requested counseling during the investigation and was rudely told by Antrim County CPS worker Paula Lipinski that the only way that I could have counseling was for them to open a prevention case and that I did not want them to do that.
But, I still owe this money.
Internal Virus Database is out of date.
Version: 8.0.176 / Virus Database: 270.10.0/1866 - Release Date: 12/27/2008 8:49 PM
Posted by windex on 01-19-2009 12:01 AM
JUVENILE SEX OFFENDERS H.B. 4920 (S-1): FLOOR ANALYSIS
House Bill 4920 (Substitute S-2 as reported)
Sponsor: Representative Larry Julian
House Committee: Criminal Justice
Senate Committee: Families and Human Services
CONTENT
The bill would amend the Sex Offenders Registration Act to do the following:
-- Allow juveniles charged with particular sex offenses on or after October 1, 2004, or convicted of specified sex offenses before that date, to petition the court for exemption from registration on the public sex offender registry.
-- Authorize the court to order juveniles charged with particular sex offenses on or after October 1, 2004, to register on the sex offender registry maintained for law enforcement purposes until their 18th birthday, rather than for 25 years as currently required.
-- Authorize the court to order juveniles convicted before October 1, 2004, to register on the law enforcement registry for 10 (rather than 25) years.
-- Provide that an individual convicted of a listed offense before October 1, 2004, and assigned to youthful trainee status would have three years after that date to petition the court for the 10-year registration period on the law enforcement registry and exemption from registration on the public registry.
-- Prohibit the court from granting an exemption if certain factors, such as the individual's use of force or a weapon in committing the crime, existed.
The bill would take effect on October 1, 2004. It is tie-barred to House Bill 5240, which would expand the offenses for which a person may not be assigned to youthful trainee status.
MCL 28.722 et al. Legislative Analyst: Julie Koval
FISCAL IMPACT
The bill would have a minimal fiscal impact on the Department of State Police. Although the bill would make adjustments to the Sex Offenders Registration Act, the Department already has the organization and resources to handle the changes.
To the extent that it would allow petitions for removal from the database, the bill could increase local court costs.
Date Completed: 3-19-04
Fiscal Analyst: Bruce Baker
Bethany Wicksall
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. hb4920/0304
Posted by windex on 01-19-2009 1:01 PM
Date sent: Fri, 7 Aug 1998 13:06:23 -0400
Subject: Re: "NO JUSTICE FOR THIS AMERICAN FAMILY"
Read this and tell me how or why social workers can have absolute immunity when the evidence is there proving they did wrong!!!!!???????? Please let me know you opinion....
Subject: Re: "NO JUSTICE FOR THIS AMERICAN FAMILY"
Author: Michael Martin at IMJ1POST Date: 4/21/98 12:56 PM
Hi Michael,
Sorry this took so long, but...
In a nutshell my opinion is that, with certain limited exceptions, I think immunity from responsibility for illegal or damaging acts should be eliminated. Sovereign immunity and immunity for govt. officials is bull.
It's just another example of the Golden Rule: "Whoever has the gold [or power] makes the rules."
I don't know what else to say... except 'good luck'.
"Best legal resource that we've come across on the Web" -CNN
"The most complete law library on the Web" - Point/Lycos
"Best damn site I've seen" - Chief Justice John Marshall
TO THE PRESIDENT AND FIRST LADY.......
THE HONORABLE GOVERNOR JOHN ENGLER
LANSING, MICHIGAN
1. This must serve as notice that Michael & Cynthia Martin of 44254 Delco Blvd Sterling Heights, Michigan 48313 have exhausted all legal remedies in the Martin V. Horton, MD and Michigan Department of Social Services and the Contracted Agency "Children's Aid Society" (CAS)
2. We now beg this Honorable Governor to hear our cry for help! Because of what your department (DSS) did to my daughter, Ashley! Not to mention the destruction of our family unit! We fought you fourteen long years! All the way to the US. Supreme Court to recover damages for what was maliciously and intently done to destroy our lives!
3. My wife and I know now, why there was a conspiracy to terminate our parental rights! Because you all knew we would only physically get our daughter back! What we did get back was a psychological and emotionally destroyed child! We fought three and a half years to get her back from illegal termination! Then we continued on for damages just like any other family would do. We have all the evidence to prove the conspiracy took place and that legal/ Medical/ Social Rules and Regulation were in fact ignored, which created malpractice all the way around! Given a chance a jury would of found for us!
4. Only one important factor was on the minds of the experts "Take the child away" After the US Supreme Court decision in January 1998 denying our Writ of Petition to hear our case, it's apparent that the government is "ABOVE THE LAW" Social workers are allowed to conspire to illegally terminate parental rights!
5. We demand an answer to this question! Who is going to help us pay off the $250,000 debt cause by you and your agency? We also demand an answer to who is going to help our daughter?
6. We also request some type of fix for this problem! We are further requesting someone from your office contact us in regards to a bill be submitted to correct this problem!
7. Very shortly, we will be filing another lawsuit against Michigan and everyone that was involved in this conspiracy, on behalf of our daughter Ashley Lyn Martin for the destruction that was done to her!
8. Again we demand some type of governmental fix in this case! We will be profiled on 60 minutes with Morley Safer, our story will be told exactly as it happened! Also, we have sold our story rights to Melanie Shattner. She is the daughter of William Shattner from Star Trek. The one stipulation we did get, was that the story will be told based on the truth and what was done to us! All the evidence proving a conspiracy has been turned over to *** Clark Productions for a true life movie!
9. We will continue to pursue this case until retribution are made!
10. Remember, no one is above the law! We pray that as Governor of Michigan you can see it in your hear to help us!
11. Just remember when you go home at night and look at your children, it could have been your child destroyed! What am I saying? This would of never happened to you and your wife!12. Copies of this pleading has been forwarded to the following
13. Richard A. Seid, Attorney at Law
14. Anthony Spada, Attorney at Law
15. DETROIT NEWS, Writer Kevin Lynch
16. President Clinton and his wife
17. 60 MINUTES, Morley Safer
18. William and Melanie Shattner
19. *** CLARK PRODUCTIONS
20. Dated this 23rd day of June 1998
The Martin Family
44254 Delco Blvd
Sterling Heights, Michigan 48313
Letter to the President and First Lady.....Help......
"RESEARCH AND PREVENTION OF ABUSE" (RAPOA)
FAMILY JUSTICE DENIED
On Thursday, 22 January 1998 our fourteen year legal battle came to an end. The United States Supreme Court denied our writ of certiorari. It would of given us the opportunity to pursue our legal claims against the Department of Social Services and it's contracted agency (Children's Aid society) that carried out the instructions for illegally trying to terminate our parental rights from our daughter.
Justice will never be served in our case and of course, we will now join the mountainous piles of other cases that were dealt with in the same manner! Evidently, it did not matter that we had written and taped evidence of a conspiracy, cover-up, fraud, professional negligence and malpractice that was carried out by these officials from the state of Michigan Department of Social Services, Children's Aid Society, and the Wayne county juvenile court system. Just more proof that our individual rights as an American are slowly being stripped from us!
It's a great miscarriage of justice that certain individuals under the cloak of sovereign immunity or absolute immunity are allowed to perform in a reckless manner destroying innocent lives without any kind of checks or balances from either superiors or the actual organization.
By having this uncontrollable power at their disposal, they act in a manner that should be unacceptable in our society today! But of course, all they say is we are acting in the best interest of the child! After all, it's easier to err on the side of the child.
This out right abuse of innocent parents and their children must be addressed and fixed by removing the shield of absolute immunity! Already (3) states have lifted this immunity and have allowed the victims of these reckless power pushers collect monetary awards from the damages done to them! Of course Federal support to these (3) states will probably cease or be lowered because of these decisions by the respective State Supreme Courts, but I do admire them for protecting their citizen's rights!
I here by challenge the Michigan Supreme Court and the state of Michigan or any other state to take a closer look at what is happening in their own backyard! Clean up this mess in a manner that no one gets victimized! Help the families that are in fact in need of help! Do not destroy an innocent family along the way. Lets deal with this growing social problem in a civilized manner! I will continue this fight to change the laws protecting the social workers that continue to destroy innocent families! I have already started the process of changing the law here in Michigan with the help of a state Senator who believes that the laws do in fact need to be changed. Please after reading this message run and call your politicians. This could be your family next!!!
Watch for an upcoming segment on 60 Minutes with Morley Safer. The above story rights were just purchased by Shattner Productions and *** Clark Productions for a true to life movie deal! Also, under construction are plans, directed by U of D Law Professor Richard Seid and assisted by RAPOA, who has been contacted by Senator Carl Levin and Senator Abraham Spencer for a possible bill in support of our research on child abuse/ parental rights issues. And medical research for the bone disease that is effecting thousands of our children world wide must continue. U of D Law school and RAPOA will offer legal help to families involved in child abuse or parental rights issues with the Family Independent Agency and the juvenile court system. We have all the proof necessary to show that our current system is destroying our children! Drastic reform of the parental rights/child abuse laws must be made and a new system must be created to help these families, not destroy them!
"RESEARCH AND PREVENTION OF ABUSE"
Phones
Founder/Director of RAPOA
810-254-5717 or After Message touch 7 & #
Michael Martin
Our Websites Our E-mail
More Stories
Posted by windex on 01-19-2009 1:17 PM
Antrim officials re-examine neglect case
Some say they may have mishandled the case of a family living in their vacation cottege
By KEITH MATHENY
Record-Eagle staff writer
ALBA - A Battle Creek family's ordeal with Antrim County's Family Independence Agency and local law enforcement officials has caused some of the Antrim officials involved to re-evaluate their actions in the case.
Antrim County Prosecutor Charles Koop said he has spoken with county FIA and Antrim sheriff's department officials over how the case might have been better handled, and how to react in similar circumstances in the future.
"We used a bazooka when maybe we should have used a fly-swatter," he said.
Mary Myers of Battle Creek went into hiding downstate for three weeks with five of her six children earlier this year. She feared they would be taken from her under an Antrim Probate Court order filed by FIA to pick up the children while Myers and her husband, Joseph, were investigated on neglect charges.
The charges involved the family staying in their Antrim County vacation cottage off Sand Hill Road for two months this winter while finishing work on it. Though virtually all work was completed on the cottage and it contained a $2,000 wood stove, electricity via a generator and running water, the local FIA's investigation stemmed from it not having received a final occupancy permit from the county building department, a Record-Eagle investigation showed.
Mary Myers was visited at the cottage on Feb. 16 by a county FIA worker and a state police trooper, while Joseph was not home. The officials, responding to a tip, inquired about the status of her "foster children." Myers sent the officials away and referred them to the national Home School Legal Defense Association, an agency with which the family is affiliated, for proof her children, ranging in age from 3 to 17, were not foster children but adopted.
Subsequently concerned over the visit, Joseph sent Mary and all but their 17-year-old son back to Battle Creek. On Feb. 18, FIA workers and five police officers arrived at the cabin with a pick-up order to collect the children while the family was investigated for neglect.
At the request of Koop's office, the Probate Court rescinded the pick-up order March 3. Koop said the order was withdrawn because the children were no longer staying in the cottage or anywhere else in the county.
In reviewing the case after the Record-Eagle reported on the situation March 26, Koop noted that a procedure exists where the family could have been simply compelled to appear in court and explain the lodging situation at the cottage.
"That may have been a better route for them to explain what was going on," he said. "That, in hindsight, may have been better used than the pick-up order."
Attempts to reach the Myers family for comment at their Battle Creek home were unsuccessful.
Koop also emphasized, to quell rumors, that none of the county officials' actions in the case was in any way influenced by the fact that four of the Myers' six children are black.
"Race, religion, all of those things are never a factor in my decision-making," he said.
The show of strength and move to file the pick-up order after the initial visit with Mary Myers could have been avoided, the prosecutor added.
"There could have been better communication," he said.
Koop said discussions between the agencies pointed out that since the Home School Legal Defense Association attorney to whom Myers referred the officials was from out of state, they were under no obligation to talk with him. After subsequent review, however, Koop said he has instructed his office to call anyone, anywhere, who can help resolve a situation more quickly.
"They can't represent kids in this state, but they can certainly provide information," he said. "We did not take full advantage of that."
Antrim County Sheriff Dale Roggenbeck declined to discuss his department's handling or review of the Myers case. Of the day deputies and other police arrived at the Myers cottage with the pick-up order, Roggenbeck said, "There probably should have been a supervisor out there."
Antrim-Kalkaska FIA Director Fred Harris declined to comment on the Myers case specifically, citing state child protection laws. But he discussed in general how his department operates in child protection cases.
Harris noted that police accompaniment of FIA case workers is standard protocol to ensure worker safety in unknown situations.
"Taken out of context, some of these things can look like more than they are," he said. "They can look like an overreaction, when it's actually standard procedure."
Harris said he makes it a priority that his staff do its observation, investigation and fact-finding in the field as much as possible. That often means, however, that people find an FIA worker at their front door, which could be considered intimidating, he acknowledged.
"No matter how we do it, that process can be alarming to people, and I understand that," he said.
People should not avoid calling Child Protective Services with tips when they merely suspect a situation of abuse or neglect, Harris emphasized. The agency will not take drastic action based only on rumors, he said.
"If you get people thinking, 'Gee, unless I know that's a proof-positive fact, I shouldn't report that,' that's when you end up with a dangerous situation," he said. "We don't infer if there's any validity from a referral. That's just a starting point for fact-finding."
Though it may appear to some that FIA hides behind laws of secrecy, Harris acknowledged, the agency has strong internal review components, as well as an independent state Child Protective Services Ombudsman to hold the agency to accountability.
Said Koop of FIA's Child Protective Services workers: "They are good people trying to do a difficult job in difficult circumstances."
Removing children from their parents to conduct an investigation "should be exercised with great caution," Koop added.
"I'm glad the article (on the Myers case) was published, because it made us look at what we do. And I think the review of the process was positive," he said.
onsidered intimidating, he acknowledged.
"No matter how we do it, that process can be alarming to people, and I understand that," he said.
People should not avoid calling Child Protective Services with tips when they merely suspect a situation of abuse or neglect, Harris emphasized. The agency will not take drastic action based only on rumors, he said.
"If you get people thinking, 'Gee, unless I know that's a proof-positive fact, I shouldn't report that,' that's when you end up with a dangerous situation," he said. "We don't infer if there's any validity from a referral. That's just a starting point for fact-finding."
Though it may appear to some that FIA hides behind laws of secrecy, Harris acknowledged, the agency has strong internal review components, as well as an independent state Child Protective Services Ombudsman to hold the agency to accountability.
Said Koop of FIA's Child Protective Services workers: "They are good people trying to do a difficult job in difficult circumstances."
Removing children from their parents to conduct an investigation "should be exercised with great caution," Koop added.
"I'm glad the article (on the Myers case) was published, because it made us look at what we do. And I think the review of the process was positive," he said.
Posted by windex on 01-19-2009 1:41 PM
MCL 722.627i; MSA 25.248(7i) allows the FIA to charge a copying fee for specified information released. Also, the FIA is prohibited from releasing specified information if the release will jeopardize the state's receipt of federal money.
This law was changed after I reported this to the Medicaid Fraud Division in Chicago.
Posted by windex on 01-19-2009 2:20 PM
FINANCIAL INCENTIVES
Among the most bizarre criticisms of family preservation is the allegation that it dominates federal funding priorities.
These attacks apparently are linked to passage of the Family Preservation and Family Support Act of 1993. That law has been wrongly characterized by critics, and some media, as providing $1 billion for family preservation.
The $1 billion was spread over five years -- and it was not just for family preservation. Far from it.
The law allows states to spend the money they get through this law on a huge array of services -- even foster care and adoption. A state can, if it so chooses, receive its entire allocation under this law and spend not one dime on family preservation [1]. The new law effectively abolishing "reasonable efforts" continues the Family Preservation and Family Support Act for three more years, but it dilutes the act still further by allowing even more of the money to be spent on adoption [2].
But even if all the money had been earmarked for family preservation, it still would have been dwarfed by the money available for what still is the best-funded child welfare "service" -- foster care.
Compared to the gigantic, open-ended entitlement for foster care, $1 billion spread over five years is barely noticeable. Before the 1993 law was enacted, the most conservative estimate indicated that the federal government spent at least eight times more on foster care than on services to keep children out of foster care [3]. Because foster care is an "entitlement," that is, for every eligible child, states automatically get partial reimbursement, the ratio hasn't changed.
The funding bias in favor of foster care is one of the main reasons why so many children are needlessly placed.
Although family preservation is less expensive in total dollars, because of federal and state funding formulas, foster care may cost less for a state or locality making a placement. In Pennsylvania, for example, the executive director of the Juvenile Law Center in Philadelphia, Robert Schwartz, estimates that for every dollar a county spends on foster care, it gets an average of 86 cents back from the state and federal governments. [4]
The National Commission on Children found that children often are removed from their families "prematurely or unnecessarily" because federal aid formulas give states "a strong financial incentive" to do so rather than provide services to keep families together [5].
This does not mean that local governments "make money" on foster care. It does mean that foster care often costs them less than programs to keep children out of foster care.
And some private agencies do indeed make money on foster care. These agencies are paid for every day they keep a child in foster care. If they return a child home -- or legally free the child for adoption -- the reimbursement stops. That creates a strong incentive to let children languish in foster care.
The financial incentive to place children is increased by two new laws. Under the new federal welfare law, if a family is forced into poverty, no matter what the reason, they may not be able to get public assistance to help care for their own children (depending on how many years they have received such assistance), but as soon as their children are taken away, the foster care system will receive a never-ending subsidy to help foster parents cover the costs of caring for those children.
The second new law, the new adoption law, includes bounties to states of up to $6,000 per child for every adoption they finalize over a baseline number. The bounty is paid when the adoption is finalized, so there is an incentive to place a child with little concern about whether the placement will really last. Indeed, if the adoption "disrupts" and the child is placed again, the state can collect another bounty.
Thus, states and private agencies now have financial incentives to keep children in foster care and financial incentives to place them for adoption - but no financial incentives to keep them in their own homes or return them there.
As for parents, with these new laws in place, the federal government will help foster parents care for children, the federal government will help some adoptive parents care for children, and the federal government will help institutions care for children. About the only parents the federal government won't help indefinitely are birth parents.
1. Martha Matthews, "HHS Issues Family Preservation & Support Program Instruction," Youth Law News 15 no.2 (March-April 1994) p.3. See also, Marc Katz, "New Legislation Pours $1 billion Into Family Preservation," Youth Law News 14, no.5 (September-October, 1993) p.8. Back to Text.
2. "Adoption and Safe Families Act of 1997, Sec. 305. Back to Text.
3. U.S. House of Representatives, Select Committee on Children, Youth, and Families, No Place to Call Home: Discarded Children in America (Washington DC: Jan. 12, 1990) p.163. Back to Text.
4. Personal communication. Back to Text.
5. National Commission on Children, Beyond Rhetoric: A New American Agenda for Children and Families, (Washington, DC: May, 1991) p.290 Back to Text.
⦁ Freedom Of Speech
Government/Politics
Topic: FREEDOM OF SPEECH
Community Server :: Forums
Page 1 of 2 (25 items) 1 2 »
Posted by windexon 01-19-2009 11:52 AM
Apparently I have committed some offense, like speaking truth to power, and my entire thread has disappeared. What has happened to this county?
All I did was cut and paste news articles regarding our local officials and things that directly concern my family. That is still my right.
So sorry if the truth offends.
Posted by windexon 01-19-2009 12:35 PM
I called COLI and apparently there have been a number of complaints regarding the subject matter.
I can't help but think that those offended are those involved, or their ilk.
I find it offensive that my child can be sent off to be tortured and have his rights violated and now they want to bill me.
What more do they want to take from my children? TV went years ago and the last movie I took my kids to was the first Harry Potter film.
The FOC refuses to enforce the support order for my son, with the last payment being made in February 2006.
A court employee can discuss my MINOR child and that's ok - just don't cut and paste news articles that shed light on misconduct by our court officials.
This isn't the only forum available to me and I find it offensive that my child can have his life ruined and we have no recourse because we are poor.
Now they even have to take this away from son. He will never have his day in court and now the court of public opinion has also been taken from him. Shame on you.
WORDS!!!!!! If you don't want to read something, then don't. But do not impose your will on others, that is not freedom.
If it didn't offend, let COLI know.
Posted by windexon 01-19-2009 4:10 PM
I am only trying to ensure my son has a future and that those poor kids get rescued from horrible abuse. My intentions are noble
I hold no hopes that anyone will ever be held accountable for the cruelty inflicted on my family.State workers have immunity and CPS matters are civil. The burden of proof is on you. Prove you didn't. (You can't prove a negative)
How can anyone honestly say that these people will be fair when there are no consequences?
Easily provable perjured testimony is in my record a fact. Anyone looking at it would think I am a terrible person and judges me accordingly.
Someone rubber stamped custody of one of our children over to Northwest Michigan Child Guidance Center for drugging. FACT
I was illegally and retroactively charged under Binsfeld for witnessing and reporting child abuse. FACT
There was an investigation into Northwest Michigan Child Guidance Center for Medicaid Fraud. FACT
If anyone was appalled by what I posted, could it be because it IS appalling?
Try living it.
I am a recovering alcoholic and I lost my two oldest children to the state, where they were mistreated, drugged and returned before they aged out.
The federal money followed them. FACT
I have been to treatment four times and took my last drink 11/02/05. The CPS documented in 1999 that I had been sober approximately a year. It makes a difference regarding my stability and how it appears to the court. FACT
I made a mistake in not getting an attorney for my child and because we have this target on our backs, I have ruined my sons life.
I have all of the documentation. I'm sick of being slandered and maligned because of my past. I don't expect a pat on the back for stopping drinking, but I am tired of people using my past against me.
My children forgive me, so why can't the courts? They would testify on my behalf.
My son did something wrong. I paid my child support and when he came home from state custody he only had rags to wear. FACT
Why am I always held accountable for the actions of others? I committed no crime, yet I have been made to pay dearly. More than $25,000 owed by me because our rights keep getting violated.
I was only trying to gain some credibilty to help my child and those poor boys still in Havenwyck.
I could care less about money. Some things are just so wrong that I can't ignore them.
Please do not click on this link if you are wearing rose colored glasses. I would hate to disillusion anyone as to the sorry state of our nation.
Posted by windexon 01-20-2009 6:23 AM
The preamble
Congress of the United States begun and held at the City of New York, on Wednesday the fourth of March, one thousand seven hundred and eighty-nine. The Conventions of a number of the States, having at the time of their adopting the Constitution expressed a desire in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government will best ensure the beneficent ends of its institution.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses concurring that the following Articles be proposed to the Legislatures of the several states as Amendments to the Constitution of the United States, all or any of which articles, when ratified by three fourths of the said Legislatures to be valid to all intents and purposes as part of the said Constitution. viz: Articles in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress and Ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment II
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
Amendment III
No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment VI
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Posted by radac1on 01-20-2009 7:37 AM
I AM RESPECTFULLY REQUESTING A PUBLIC EXPLANATION OF THE DELETION OF THE THREAD FROM COLI.
Upnorthlife.com Forums
Welcome to the UpnorthLife.com Forums.
This is a free site, hosted as a community service for individuals to post opinions and concerns.
This site and any information on it does not necessary reflect the views and/or opinions of Upnorthlife.comor its sponsors. Please view our Disclamer here.
WINDEX WAS POSTING OPINION AND CONCERN AS STATED ABOVE AND I PROTEST THE REMOVAL OF THE THREAD.
Posted by windexon 01-20-2009 9:17 AM
Thank you.
Posted by windexon 01-21-2009 6:16 AM
Have you ever felt as though you were not a citizen of our country?
Have you ever been made to feel like you are nobody?
Have you ever wondered what was the point of even being born?
I can't blame anyone buy myself for my drinking and the loss of my two oldest boys. I have been an alcoholic since I was 12 and was never provided any type of help.
I was just labeled as bad and treated accordingly.
Funny how my high school principal's brother ended up with my kids.
The new mommy made a point of repeatedly telling my children that their mother was a *** and a whore and not to bother looking for me because I was in prison.
I wonder who provided that little bit of false information?
No wonder God saw fit to make her womb barren. Nothing could survive the poison that spews from that creature.
Even if it were true, why would you further traumatize a child by sullying their memories of their mom?
Then they shove anti-depressants down the kids throats .
They are worth more money to the state once they have been poisoned into complacency .
Why are CPS matters civil, with the burden of proof on the parents?
Shouldn't a parent have to be convicted of a crime before their children are removed and sold?
I want reform. It used to be that a person had to prove that they could afford a child before they adopt them. Nowadays, you get paid more than $600 per child, per month. I saw a local family on TV getting praised for their selflessness and compassion for adopting 17 kids. You do the math.
All of this information is available to you online. Type in "False Accusations"you will get more than million hits, most regarding the CPS.
I did my own research after the Binsfeld fiasco, and the financial incentives to the states is the only motive I can see for what was done to my family.
The CPS just made up a case against me. Apparently, my attorney told the worker that if she wanted to pursue the case against me, he was going to put her on the stand and question her voracity. ( She must have already had her bonus spent)
The news articles regarding the upstanding citizens speak for themselves. If anyone was embarrassed, maybe it is because they should be.
The emperor has no clothes.
They should also remember that those who stand before them are also human beings who are flawed and make mistakes.
Everyone has skeletons in their closet, but for the state to be able to use prior bad acts against parents to terminate parental rights for future abuse that may or may not occur is wrong.
What about double jeopardy?
Oh,that's right.
Termination and adoption are civil matters, so I guess that takes care of that little inconvenience.
Anyone with their critical thinking skills intact could see from the news articles that I posted, that for every finger they have been pointing at me, there are three more pointing back at them.
I have never seen such an assembly of hypocrites in one place before.
The dysfunction surrounding the personal lives of those court employees who sit in judgment of us is appalling.
Clean up your own back yard first.
This is my take on the situation.
Welfare reform is a joke.
If you work, you get little( food stamps) or nothing for assistance.
If you have four kids, the state will pay more than $2.00 per hour per child for daycare so a parent can go to their minimum wage job.
Parents are forced to 'neglect'their children by design.
Last year, two of our Congressmen lived on food stamps for a month and saw how impossible it is to eat healthy.
Ramen noodles and white bread aren't food. All you get is $1 per person, per meal.
Perhaps if one could earn a decent wage, these social programs wouldn't be necessary. Most people don't want to be on assistance, but when you have kids and the FOC refuses to enforce support orders, you are forced to swallow your pride.
It is hard to work fifty hours a week, only to have less than fifty dollars left to your name after paying all of the necessary bills (food, heat, lights,water ,trash and housing).
The working poor are wage slaves .
And incubators for the state.
The removal of infants at birth because their parents may or may not neglect them, citing Binsfeld, is- in effect- a ban on having children.
Forced sterilization would be far less cruel, but probably not as much fun for those who enforce these draconian laws.
The worker in Grand Traverse County smiled like a shark throughout my family's ordeal.
She enjoyed inflicting cruelty, pain and suffering on me.
Our children are the property of the state and therefore are subject to being removed and sold on a whim.
This is slavery and human trafficking as far as I can see.
Even if you don't care about loser, white trash parents like me - what about the children?
They have a right to be raised by their families and to have a sense of belonging.
My oldest son was repeatedly told how families only wanted his baby brother, not him. He was five and he still cries about it.
The CPS can seize children without a warrant and with easily provable perjured testimony entered as fact. This is a clear violation of the Fourth Amendment.
Because it is a civil matter, the onus is on the parent.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
As for the removal of my thread, again a violation of the First Amendment as far as I'm concerned, I can only assume that what I stated was accurate and someone felt the need to put it out of sight.
Censorship.
A good way to measure one's integrity. How do you conduct yourself when you think nobody is looking?
Posted by windexon 01-21-2009 10:58 AM
--- On Tue, 1/20/09, ------
Subject: Re: [FixCPS] Re: CPS / Juvenile Justice, Michigan
To: FixCPS@yahoogroups. com
Date: Tuesday, January 20, 2009, 6:54 PM
What are you talking about? What are the complaints and what was it you originally posted? I would truly like to know.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The Bill of Rights: First Amendment
Legally Kidnapped
The Central Registry of Child Welfare Fraud
Fraud Hotline
To:FixCPS@yahoogroups. com
Sent:Tuesday, January 20, 2009 3:24:23 PM
Subject:Re: [FixCPS] Re: CPS / Juvenile Justice, Michigan
The kid I talked to was perplexed and said that he was told by his supervisor that it was removed because readers were complaining because it was offensive.
My friend also called and was told the same thing.
I started a new thread about free speech.
--- On Tue, 1/20/09, ------
Subject: Re: [FixCPS] Re: CPS / Juvenile Justice, Michigan
To: FixCPS@yahoogroups. com
Date: Tuesday, January 20, 2009, 6:54 PM
What are you talking about? What are the complaints and what was it you originally posted? I would truly like to know.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise therof; or abridging the freedom of speech, or the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The Bill of Rights: First Amendment
Legally Kidnapped
The Central Registry of Child Welfare Fraud
Fraud Hotline
From:angrywhitewoman59 <angrywhitewoman59@
yahoo.com>
To:FixCPS@yahoogroups. com
Sent:Monday, January 19, 2009 6:45:00 PM
Subject:[FixCPS] Re: CPS / Juvenile Justice, Michigan
Apparently due to "complaints"my entire thread has disappeared from
our local messageboards.
I called and was told that it was offensive.
Must be because I spoke truth to power. I only cut and pasted relevant
news articles, as well as my own documentation regarding my own life.
I did not swear or accuse anyone of anything that I didn't have
firsthand knowledge of.
I guess I shouldn't have posted information regarding the financial
incentives to the states. Ruffled a few feathers.
I tried to do a public service and inform the good citizens of where to
go for help, but the powers that be won't allow it. Pretty scary.
Posted by windexon 01-22-2009 6:27 AM
Because Antrim County and several state agencies refused to hear what was done to my son, I wasn't able to prove his rights have been violated by the DHS, CMH and the Probate court until just this last summer, when I finally reached an actual human being named Alex Dukay, Michigan Department of Community Health in Lansing.
It was determined that my 11 year old child's rights were violated, but now the statute of limitations is up for a malpractice lawsuit against the hospital.
It was more important to play CYA than it was to help those poor boys who are stillbeing abused. That's not exactly the type of people I want in charge of my children.
Why is it my fault that people collecting tax dollars refused to do their job? I have the proof of who knew what and when they knew it.
I guess my son's childhood is worth nothing.
Michigan CMH has to train their workers not to skip the Behavior Management Committee and the Human Rights Committee before funneling tax dollars through their agencies. This is a crime, people. Please wake up.
Particularly with the questionable bookkeeping on the part of the probate court.
I'm sure that most people in my position wouldn't point out the fact that their account was credited with payments that they didn't make, but since they say that I still owe the court more than $12,000 - no questions asked - I would like to know what their method of accounting is.
After the last probate court administration was allowed to use the State Child Care Fund as their own personal piggy-bank, with you and me paying back the money they took, and with almost all of the same people still employed by our courts, I can't bring myself to hand over that kind of money without asking a few questions.
More than $876,000 in a year!
It seems to me that since my child is being forced to do something against his will (registering quarterly as a sex offender, which isn't required by law) on the verbal remand of Mark Fett,his rights are still being violated.
Quarterly Registration Question only:
Now, you really need to put your thinking cap on because the law that explains what your son is supposed to do regarding registration, also talks about the petitioning process, and it is confusing which is why color coding the statute to show you what is applicable -up until the petitioning process decision is made- AND -what is applicable after the petitioning process decision is rendered by the judge-, is necessary. Then there is a trickier part, read below. OK, here goes:
What we have found -in Michigan Statute- is, that your son is required to REGISTER ONCE when he was convicted (which you have already done) and then NOT AGAIN until he is 18, UNLESS he changes his address which then requires him to report -in person- every change of address WITHIN 10 days. (SEE ALSO WARNING/CAUTION following this statute)
Michigan Statute: 28.725a Notice to registered individual; explanation of duties; reporting requirements.
subsection: (5) The continued reporting requirements of this section following initial registration do not apply to an individual convicted as a juvenile of committing an offense described in section 8c(15)(a) or (b) committed by the individual when he or she was less than 17 years of age, except that the individual shall report a change in his or her residence within this state or to another state as provided in this section within 10 days after the change of residence is made. If the individual fails to file a petition under section 8c before he or she becomes 18 years of age, or if his or her petition is denied by the court, the individual shall report as otherwise required under this section.
WARNING/CAUTION:
The grey area is where things get really tricky because your son’s age and offense require him to petition WITHIN 3-Years of his release from probation (i.e., petition before 5-30-09), which means he will be petitioning BEFORE he is even near 18 years old.
Here is the trick, the grey area requirements OVERRIDE the yellow area requirements, if the judge –as part of his decision denying the petition- requires your son to register annually or every quarter (the judge controls this). Then you MUST follow the judge’s order. Of course, if the judge grants the petition then no more registration, but get a copy of that judge’s order and keep it forever.
The grey area also covers, “if you FAIL to file a petition” “the individual shall report as otherwise required under this section.” (see underlined above). That means, if your son DOES NOT file a petition by 5-30-09 THEN he follows the yellow area requirements until he is 18 years old, and once he turns 18 he must follow the rules like everyone else with his type of conviction which is quarterly registrations..
That explains what we found reviewing the laws using your son’s circumstances, however, remember we are not lawyers so no one is going to believe us. So, we asked someone who works for the state and they would not answer us, instead, referring the question to a lawyer. We wondered why because it is really quite clear to folks who regularly read these laws.
Being perplexed we also decided to review all the forms used by the state to notify registrants of their duties as required by the registry laws. That is when we realized that the state has never informed juveniles -such as your son- of their requirements; never, not one! That would explain why the prosecutor dropped the charges against your son, he didn’t want to have this revealed (OUR GUESS, no real proof).
The state doesn’t have any PUBLISHED way to handle this today, which explains why our friend (the one working for the state) is not willing to put their name on this, instead referring us to a lawyer. What this amounts to is an undisclosed error on the part of the state.
So, now the question is, are you willing to assert your son’s rights under this law? If so, it is likely there will be objections from possibly the prosecutor. If so, then are you willing to stand in court and tell the judge to explain why he must register quarterly BEFORE he is 18? I guess what I am saying is, are you ready for this because it is going to take you making a stand and forcing them to prove you wrong.
Now, if so, then I do have an idea of how –I think- you can do this using three letters which will force them to answer why quarterly registration is supported by some other law, other than what is above. I seriously doubt they will be able to support what they claim. Now, there is also a possibility they will ignore you, at which point a lawyer would have to take over to force them into court, no way around it.
At one point you said, well what if I just don’t register quarterly; which is a possibility. That would be a mistake and would be showing contempt for the law, a judge would not like that and likely would rule against you forcing you to appeal to get relief. I do not suggest that although it would get you in court.
What I need from you now is, an answer on whether or not you want to try the letters route? Understanding there is no guarantees either. Please respond and I will then set them up for you if you wish to try that method.
PS: There will be an expense involved to mail those letters via “registered mail return receipt requested” so that you have proof they have received the letters. I do not suggest any other method of mailing them; force them to sign for them.
You will need the addresses of: A) The Prosecutor; B) Your local Michigan State Police Post; C) Your local County police post. I do not have these.
My son has been in 'non-compliance'until just last year because Antrim County screwed up my son's registration( this cost me $30), I have had a state trooper and an Antrim County detective at my door.
Now they have censored the truth about our little county. The news articles speak for themselves.
. These are actual lives that they play GOD with - just because they can.
When did we become 'consumers'rather than citizens? Actually, my family must fall into the 'consumed'category, as they must feed off someone. Lucky us.
If you could see the hundreds of thousands of dollars that has been wasted trying to tear my family apart you would be appalled. There has never been any real help for my family.
Hopefully a few of you will retain what you read and can see the truth about those who have deemed themselves to be special somehow.
The law applies to everyone in America.People seem to have forgotten that in the last eight years.
I'm hopeful that President Obama is true to his word about wasteful government spending and transparency.
All I am asking for is an investigation into what appears to be several violations of my family's Constitutional Rights in exchange for tax dollars flowing into our county coffers.
Hopefully the era of being rewarded for criminal behavior is over.
I plan to do my part.
The fact that the powers that be disappeared my thread only makes my case that much stronger.
Speak truth to power. It is your duty as an American to question authority.
Posted by windexon 01-22-2009 3:37 PM
"If we don't believe in freedom of expression for people we despise, we don't believe in it at all."
--Noam Chomsky
"When any government, or any church for that matter, undertakes to say to it's subjects, This you may not read, this you must not see,
this you are forbidden to know, the end result is tyranny and oppression no matter how holy the motives."
-- Robert Heinlein
Posted by windexon 03-24-2009 4:46 AM
At least one local publication does not censor reality, regardless of how unpleasant it may be. Thank you Northern Express and Anne Stanton for allowing us to tell our story.
Branded for life
Anne Stanton
This is the last in a series of articles on sex offenders. This week, the Express focuses on the sex offender registry, which publicly lists convicted sex offenders on the Internet.
--------------------------------------------------
Jim is not proud of the fact that five years ago he inappropriately touched his cousin on the outside of her underwear. He had just turned 10 and his cousin was 11. He then threatened to kill her if she told anyone.
His cousin was deeply upset by the experience and still refuses to talk to him. He doesn’t blame her.
Yet Jim, 15, -- whose name has been changed for this article -- has decided to talk publicly about the crime because he was in the fourth grade when it happened. When he turns 18, his name will appear on the public sex offender registry for the rest of his life. The sex offender registry does not reflect when a sex crime was committed. “So anyone looking at this when I’m an adult will think I was a pervert adult having sex with an 11-year-old,” he said.
His case is extreme, but here is the reality for all juveniles: if a youth is convicted or pleads to criminal sexual assault in the first or second degree, he or she will end up on the public sex offender registry list for 25 years, or even for life — long after the youth has completed probation or served his or her sentence.
If convicted of a lesser sex offense, the juvenile will be on a sex offender registry that is not public, but available to police and other authorities.
The judge has no choice. The sex offender registry is mandatory for all ages.
RAMIFICATIONS
The consequences for Jim is grave. A convicted sex offender is not allowed to adopt children. He cannot be involved in his children’s school or extracurricular activities.
A juvenile convicted of a sex crime is not allowed to participate on a school sports team. He must notify college officials if he’s on a sex registry, jeopardizing his chance of getting into the college. Sex offenders are often denied entrance into the military. A registered sex offender cannot become a police officer, teacher, coach, or work with children. Some employers would naturally feel uncomfortable hiring a registered sex offender. Neighbors definitely don’t feel good about having a sex offender living on their street.
If a sex offender fails to register, he can be imprisoned for a felony.
Yet a sex offender might have been guilty of a “Romeo and Juliet” affair in which both partners consensually had sex, but were under the legal age of consent, which is 16. In one survey, nearly 40 percent of Michigan tenth graders said they had sexual intercourse for the first time before age 16. That statistic was included in a 2007 Michigan Youth Risk Behavior Survey in which students voluntarily and anonymously answered survey questions.
So given that consensual – albeit illegal, sexual activity – is fairly common, prosecution is actually rare. It depends on two things: the zeal of the county prosecutor and whether a parent wants to pursue prosecution.
“The problem is we’re lumping all the kids with the worst of the worst sex offenders,” said Traverse City attorney Jim Aprea, who frequently defends juveniles. “The public doesn’t know what they’re looking at when they call up the state’s sex offender website. It describes the conviction, but certainly not the circumstances or the age of the offender when it was committed.
“This kid (Jim) will show up on the registry for his entire lifetime for something he did when he was 10 years old. That’s just absurd. I haven’t seen a case like this involving a kid that young. I just haven’t seen it, and the whole thing troubles me. It might be a good test case—a challenge all the way to the Supreme Court on the sex offender registration. To me, the facts are outrageous and this poor kid is a prime example of the inequities in the statute.”
JIM’S STORY
Jim transfered to a new school where he now gets good grades, studies cello, performs in plays, and has a lot of friends. He has a close relationship with his mom and holds a steady job at a restaurant. But life wasn’t always this good. Although he was intelligent, learning how to read at the age of four, he was also lonely, angry and often violent.
Jim got a rough start in life. His mother Sandy (not her real name) said she was a serious alcoholic who fought bitterly and often with her son’s father. One afternoon, she drove her station wagon into him, squishing his leg between her car and an old Malibu. Sandy went to jail and rehab over a period of seven months. Meanwhile, Jim, who was two-and-a-half years old, stayed with his dad. When Sandy finally collected him, he stood filthy in the driveway with a few clothes shoved into a garbage bag. Jim never saw his dad again.
Jim said his memory of that time is fuzzy, but he remembers being scared all the time. “He had a bunch of drinking buddies, and they’d get really drunk on the weekends and thought it would be a good idea to mess with all four of us (Jim and his three stepsisters) in another room.”
Sandy became alarmed by his discussion of sex acts, so she took him to Child Protective Services. The CPS worker was afraid an exam would traumatize the three-year-old. He received counseling at the Northwest Child Guidance Center until the age of six, but then funding for therapy was cut off without explanation. When he was in kindergarten, he played ‘doctor’ with the other kids. Later in grade school, nobody wanted him in the Boy Scout troop. He touched a boy on an overnight stay. Child Protective Services workers came into the school to talk to him, but Sandy said she didn’t learn the specific complaints until much later.
The mother of the abused cousin, said that her sister, Sandy, never drank again after rehab in 1995: “If she would have drank, she would have been as big a mess as before.” But Sandy’s past has haunted her when it comes to how authorities treat her.
Indeed Sandy is a fireplug, and doesn’t mince words. Her conversation is often hard to track because she goes off on tangents. Although she’s never broken the law since her assault with a car, Sandy fears that people haven’t treated her son very well because of her own past.
THE PLEA
Jim was 10 1/2 when he touched his 11-year-old cousin. The girl didn’t tell her mother until seven months later, when it was reported immediately to the police chief who had been mentoring Jim. Jim was questioned by police without an attorney (not uncommon in these cases). He eventually admitted what he’d done. The case went to Antrim County Assistant Prosecutor Mark Fett, who charged Jim with a criminal sexual conduct, second degree (CSC 2). It’s the second highest sex offense and was due to the victim’s age and the threat of violence.
Sandy met briefly with Fett, but most of her conversations were with the court administrator William Hefferan. She claims that he never told her that a guilty plea would mean that Jim would go on the public sex offender registry. Hefferan said he can’t remember whether he told her that or not.
“I can’t assure that every time someone pleads to a CSC, I tell them this is a 25-year registerable offense,” Hefferan said.
The sex registry was not cited in the plea agreement but was included in the ajudication (Jim’s sentence). Sandy missed it.
Sandy quickly agreed to the plea to CSC two without a lawyer. She remembers being told that a plea would expedite the process, which was important to her. She couldn’t have her younger child reinstated in her home until her son was removed. Secondly, she believed a plea was the only way to get her son state-funded counseling and residential treatment, which she could not afford. (She still owes $12,038 to the county).
VICTIMIZED
But the plea bargain was no bargain, Aprea said.
“Most prosecutors want to achieve relative justice without a trial. But there’s nothing worse than a charge of CSC one or two. In this case, the boy pled exactly to what he was charged with. Yes, he made a threat, but a threat coming from a 10-year-old is a lot different than a threat coming from a 15-year-old or an adult. That kid was victimized by the system.”
Immediately after Sandy signed the adjudication papers in April of 2004, Jim, 11, was taken to a lockdown wing at the Muskegon River Youth Home where he was given an orange uniform to wear.
A juvenile justice worker visited him and told him that if he didn’t hurry up and finish treatment he would be sent to Wackenhut (a youth prison), where, he said, a group of boys dragged another boy into a room and sodomized him until his rectum fell out and he bled to death.
Jim was shaken, hearing about sodomy for the first time. He stayed in Muskegon until August, when a space opened up at Havenwyck Psychiatric Hospital in Auburn Hills for which the minimum age was 11.
He began a sexual aversion therapy, which involved sniffing three ammonia pills after listening to a story of a deviant sex act.
NO PLACE FOR A CHILD
Jim said he has mixed feelings about his treatment. He felt that without intervention he might have become a serial molester. Now a very articulate and pleasant young man, he feels like a success case. But he believes that Havenwyck is no place for a child. He attended group therapy sessions with men who were as old as 19. “If you weren’t bad, you’d know how to be bad now.”
“I worked hard to reach the ‘top level’ in my treatment. I really wanted out of there,” he said.
“They smash you down to nothing and then you rebuild yourself. It gets rid of a lot of negative behavior, but it gets rid of everything. I was an empty shell.
“After I got out, I had no social skills,” Jim said. “For two years, I wasn’t allowed to talk to girls. When I got out, my age group was largely different than me. I cried a lot.”
“… When I got back to high school, I was treated like a sex offender even though I’d just gone through one-and-a-half years of treatment. I wasn’t allowed to participate in gym or use the bathroom. They wanted me to use the teacher’s bathroom, and I didn’t want to be embarrassed, so I just held it all day.”
The same kids who picked on him before picked on him again, so he transferred to his current school. The group of kids at the new school is small; they know his history and respect him; so Jim, who recently broke up with his girlfriend, said he believes this article won’t affect their opinion of him.
BAD NEWS
Jim was home for nine days in January of 2006, when the juvenile justice worker called to inform Sandy that she had only until the next day to get her son registered as a sex offender.
“This was the first I’d heard of such a thing. When I questioned her, she said that she could tell the judge, ‘Oops, my bad!’ but it probably wouldn’t do Jim any good.”
Sandy thought she had to only register her son once. That is until May of 2007, when the Michigan State Police showed up at the house and said he’d have to register quarterly. They took his prints on the trunk of a police cruiser while kids, across the street, were in a football practice.
“We live across the street from the school and they were broadcasting Jim’s name and our address on the scanner. ‘We’re contacting Jim for his failure to register as a sex offender.’ Everyone with a scanner knows now,” Sandy said.
Since then, Sandy has confronted the reality of the sex offender registry. The law regarding juveniles is so vague, it was hard for the Express to get clear-cut answers to such questions from professionals: How long will Jim remain on the sex offender registry after becoming an adult (conflicting answers of 25 years and lifetime)? Even if Jim had the crime expunged, does he still have to register on the sex offender registry (yes, but it’s a start)? How often does he have to register as a juvenile (conflicting answers)?
When Sandy called assistant prosecutor Mark Fett with questions, she says he screamed at her -- “I’m telling you now. Register your kid!” -- and slammed down the phone. Fett did not return a call for comment.
Is There a Better Way?
Michigan has the third largest sex offender registry in the nation—at least it did in 2004 when there were 33,000 people. Today there are 43,964.
“The registry’s growth might falsely indicate to people outside of the state that Michigan is teeming with child molesters and rapists …. ,” reads a 2004 legislative analysis of a bill written by Julie Koval.
Some other states take a more nuanced approach to sex offender registration, and do not require juveniles under a certain age to register, and others do not require that juveniles register at all.
“When working with juvenile sex offenders, the focus should be on rehabilitation to help them stop their abusive behaviors. Adolescence is often a difficult time for many young people; publicly labeling them as dangerous criminals can have devastating effects as they try to develop their identities,” she wrote.
Professionals specializing in the field—counselors Barb Cross and John Ulrich to Todd Heller, a “computer cop” who snags sex offenders, and Noelle Moeggenberg who prosecutes them, all agree: A judge needs discretion on whether to put a juvenile on a public sex offender registry.
“I never take any sexual offense lightly, however, 10-year-old children can and do engage in youthful experimentation, exploring their own bodies and the bodies of their playmates. It’s not acceptable, but it’s far, far different than predatory behavior,” said Kenneth Tacoma, chief probate and family division judge of the 28th circuit court in Wexford County.
A DIFFERENCE
Therapist Barb Cross said there’s a lot of difference between a one-time offender versus a teenage boy who molests multiple times. “These two should not be treated the same.”
The way the system is set up, the prosecutor—not the judge—determines a child’s fate, Tacoma said.
Kalkaska County Prosecutor Brian Donnelly said there might be room for discretion within narrow confines, but he believes the public sex offender registry makes sense.
“I’m a believer that once this kid has demonstrated he’s capable of this, we place him in a different class as the rest of us. Harsh as it may be, I like the system. We as a society have already discovered that it’s very dangerous not to know when a sex offender is moving about us. There’s not much worse than talking to parents of a kid who was molested by a kid. I’ve been in that position. The look of shock and horror and disbelief on the faces of parents when they find this out. ‘What? This kid who moved in next door, this kid who is a babysitter, and now my little junior must have years of therapy.’
“The thing I’ve come to realize about sex offenders, particularly those who molest children is they are, by nature, liars. They carry on for years unknown. They masquerade as normal people and pull it off. They’re good at fooling everybody. That’s a common characteristic. And that’s how they gain opportunity with kids.”
Professionals point out that if you sexually abuse someone as a child, chances are very high that you yourself were abused. But what society doesn’t know is, if you were sexually abused as a child, what is the chance that you will go onto abuse someone? One study followed convicted juveniles for five years, and discovered a very low percentage of the kids were convicted of another crime. But critics say that five years wasn’t long enough.
John Ulrich, a counselor who treats sex offenders, said that a new problem has cropped up with the sex offender registry; some parents have become reluctant to get counseling for their kids. That’s because a therapist is mandated to report any sexually illegal behavior to police; a conviction could mean a permanent place on a public or private sex offender registry.
“In the past, I’ve persuaded people to take CSC convictions to get their child into residential treatment. It was a standard in the field to do it.”
Would you do it now?
“I’m grieved that it’s a problem that we have to make our children registered sex offenders in order to get help. I’m much more aware of the lifelong impact on the child. But on the other hand, their risk of being convicted of another sex offense more than doubles if they don’t get treatment.”
HOPE FOR JIM?
Does Jim, the ten-year-old convicted of a CSC two have any way of getting off the public sex offender registry?
His mom, Sandy, has told her story to anyone who would listen: the ACLU, the state attorney general, the governor, attorneys, and media. She gets legal advice from an online free service called e-advocate. Sandy furiously objected to her son’s confinement at Havenwyck Psychiatric Hospital, believing kids shouldn’t mingle with older youth and adults. She believes her son needed therapy, but was, in fact, “tortured” with ammonia pills that burn nostrils and cause nosebleeds. She notes that former Florida Governor Jeb Bush deemed the use of ammonia capsules to be torture and signed a bill banning its use by juveniles. She alleged that North Country Community Mental Health, which oversaw his treatment, failed to ensure that the assigned treatment suited her son’s condition. Her allegation was substantiated, and the agency amended its procedures in July of 2008.
But what about the sex offender registry?
A juvenile can petition the court to shorten the registry period, but the defendant must have been between the ages of 13 and 17 when it happened, and there cannot be more than a three year age spread than the victim and offender, Traverse City attorney Jim Aprea said.
Since Jim was 10, he is not eligible.
Aprea recommended that Sandy go to a state appellate defender, who might take on the case. Jim could petition the court to vacate the conviction based on the fact he didn’t know the full ramifications of his admission to guilt, he said.
“There are a lot of steps, it would take a lot of work. The odds of achieving the desired results are fairly low. But there’s a lot at stake,” Aprea said.
The mother of the girl who was touched, said that what Jim did was wrong and unacceptable; her daughter still wants an apology. But she also believes that Jim should not be on the public sex offender registry for life.
“He was 10 years old and he needed help. He wasn’t given help; he was punished. I don’t think juveniles should be placed in the same sex offender registry as adults. The whole thing needs to be revamped,” said the mom.
Posted by windexon 04-09-2009 7:07 AM
Senator Nancy Schaefer confirms everything I have said regarding the CPS and the federal incentives to destroy families for cash.
My previous thread has been archived, which details my family's experience with the family courts.
Posted by windexon 05-01-2009 9:50 PM
Monday, March 30, 2009
Judge Must Release Woman Sentenced to Jail for Being Poor, ACLU Says in Court Papers
IMMEDIATE RELEASE:
March 30, 2009
DETROIT –
The American Civil Liberties Union of Michigan asked for an emergency hearing today on behalf of an Escanaba woman sentenced to 30 days in jail because she is too poor to reimburse the court for her son’s stay in a juvenile detention facility.
“Like many people in these desperate economic times, Ms. Nowlin was laid off from work, lost her home and is destitute,” said Michael J. Steinberg, ACLU of Michigan Legal Director. “Jailing her because of her poverty is not only unconstitutional, it’s unconscionable and a shameful waste of resources. It is not a crime to be poor in this country and the government must stop resurrecting debtor’s prisons from the dustbin of history.”
In December 2008, Ms. Nowlin’s 16-year-old son was sentenced to the Bay Pines Center and Ms. Nowlin was ordered to pay $104 per month for his lodging. At the time of this order, Ms. Nowlin was homeless and working part-time with a friend after being laid off from her job. She told the court that she was unable to pay the ordered amount, however the judge found her in contempt for failing to pay. In addition, Ms. Nowlin’s requests for a court appointed attorney were denied.
Since March 3, 2009, Ms. Nowlin has been serving her sentence at the Delta County Jail. On March 6, 2009, she was released for one day to work. Once released she picked up her $178.53 check from work thinking that she now could pay the $104.00 to get out of jail. However, upon her return to jail that evening, the sheriff forced her to sign over her check to the jail to cover $120.00 for “room and board.” She was also charged $22 for a drug test and the booking fee.
According to the ACLU’s motion: “This country did away with debtors’ prisons more than a century ago. The imprisonment of Ms. Nowlin because she is too destitute to make payments to the court is a miscarriage of justice.”
In representing Ms. Nowlin, the ACLU of Michigan argues that the court unconstitutionally sentenced Ms. Nowlin to a debtors’ prison without assessing her ability to pay the court. Additionally, the court violated her rights by denying her request for a court appointed lawyer.
Recently, the ACLU of Michigan represented David Sutton of Detroit whose probation was extended because he could not afford his supervision fees. Mr. Sutton has no assets and his only income is the $262 monthly disability check he receives from the government. In 2003, Sutton was sentenced to probation for a year following a conviction in Wayne County Circuit Court. He performed community service and fulfilled all the conditions of his probation except one – he was not able to pay the supervision fee. Consequently, a Wayne County Circuit Court judge extended his probation year after year. In February, the ACLU successfully represented him at a hearing where the state had moved to revoke his probation once again.
In addition to Steinberg, Ms. Nowlin is represented by Karl Numinen of Pence and Numinen, P.C. in Marquette.
Posted by windexon 01-16-2010 8:11 AM
Letters 1/11/10
Name cleared
My son and I again want to thank The Northern Express and Anne Stanton for
telling our story (“Branded For Life,” March 23, 2009) detailing our
experience with the juvenile justice system and the Michigan Sex Offender
Registry (SOR). So many positive things have happened since then.
We were successful in finally finding an attorney who understood the
nature of our situation. We only had three years from “Jim’s” release from
state custody to petition the court for removal from the SOR. We filed in
June with only days to spare. The judge saw reason and granted our
petition, but my son still has a felony conviction on his record.
Since then “Jim” has thrived. He has stopped hiding behind his hair. One
of his teachers commented that it was so good to see his face and eyes. He
is getting excellent grades and scored a 92 on his ASVAB. His enthusiasm
about his future is awesome. Last year at this time he was laying around
in his room thinking that his life was over because of a mistake that he
made when he was 10 years old.
It was bad enough that his childhood and innocence were taken away from
him by being exposed to a bunch of sexual deviants in treatment. Finding
out that he had to register quarterly as a sex offender for at least 25
years was unbearable.
More than once I left the jail in tears over the humiliation of having to
drag my child in to register as a sex offender - it was also a horrible
ordeal for my son. Every three months we were reminded of what happened.
Having the police at my door on more than one occasion has also been
embarassing for us. We are so grateful that it is over.
I am still being billed by the court for Jim’s “treatment” and I am paying
what little I can afford. As a single mom with two children there isn’t
any extra money in our budget for the $12,000 plus owed by me to the
court. I hope to address this issue in the future.
Thanks again for telling stories like ours that the mainstream media
ignore. You provide a valuable public service and we are forever grateful.
“Sandy” and “Jim”
(“Branded for Life” involved the case of “Jim,” a 10-year-old boy who
inappropriately touched his 11-year-old cousin on the outside of her
underwear and was branded a sex offender. - ed.)
Posted by windexon 01-25-2010 11:14 AM
Don't take my baby!
Anne Stanton
The Baby Question:When the ‘birth’ parent isn’t considered the ‘best’ parent
By Anne Stanton
Back in 2007, with no husband and no place to live, Shirley Vinson knew
she couldn’t provide a stable home to her 14-month-old daughter and
newborn son. But now she’s in a better place and wants to keep her third
baby, Timothy, born in September.
The formerly homeless 22-year-old woman had originally planned last spring
to give up her baby for adoption. But after finding an affordable,
subsidized apartment in Kingsley, she changed her mind.
But it wasn’t that simple. Because Vinson had voluntarily given up rights
to her previous two children, the Grand Traverse County prosecutor,
working with the Michigan Department of Human Services, filed court papers
to make Timothy a ward of the state to be placed in foster care.
Under state law, the DHS has the responsibility to investigate a family
when there’s been a voluntary or involuntary removal related to abuse or
neglect; the baby often becomes a ward of the state immediately after
birth.
Yet Vinson didn’t know that. Indeed, when she was pregnant last summer, a
DHS worker came out to visit her, and Vinson followed up with a call to
the DHS director. Vinson told her she was taking parenting classes,
getting counseling, working toward a GED, and was living in a safe and
affordable apartment. She said, she was told she could “plan to take her
baby home” if she kept on track.
So Vinson bought a second-hand crib, diapers, and baby clothes. She also
decided to get a tubal ligation immediately after the baby’s birth, since
she wanted Timothy to be her last child.
BAD NEWS
But on September 23, one day after Vinson’s baby was delivered by
C-section, a DHS worker entered her hospital room and told her that if she
did not immediately sign papers for adoption, the DHS would move to make
the baby a state ward. Vinson’s life of bad choices was this long, she
said, and opened her arms wide, and she’d only gotten it right for this
long, and narrowed her fingers to a few inches. Vinson has been in court
ever since trying to get her baby back with the help of Lewis, a friend
and advocate (but not a boyfriend.)
In February, Family Court Judge David Stowe will hold a termination of
parental rights hearing; he will have to decide two things. First,
whether there’s an anticipatory risk of harm in Vinson’s home and,
secondly, if termination is in the “best interest” of Timothy. The DHS and
Stowe couldn’t make comments to the media due to confidentiality.
The Northern Express is not advocating for Vinson in this article, but is
using her situation to illustrate the difficult decisions inherent in a
parental termination case.
Vinson believes with support she could provide her son with a good home.
But the days when the state had a robust program to work closely with
families are over. Michigan, once considered the leader in reducing foster
care numbers by working with troubled families, now has thousands of state
wards, and has recently cut a successful Northern Michigan program that
helped kids stay with families and out of foster care.
Yet everyone from the top DHS director down believes—and extensive studies
show—that working with troubled families to keep older kids out of foster
care generally has the best outcome for everyone and costs less, too. But
they also agree that if a child must be removed from a home, the earlier
the better.
‘BEST INTEREST’
In this case, as in all termination cases, Judge Stowe must consider
the element of “best interest.” Judge Stowe said a family’s wealth does
not play into his decisions.
Yet “best interest” is intrinsically freighted with the issue of material
wealth and what usually comes with it: educated parents, stability, and a
clear path out of poverty. Children placed into adoptive homes as infants
also avoid the risk of entering a merry-go-round of foster homes and the
emotional baggage that goes with it.
So isn’t it always in the “best interest” to provide a newborn infant with
such a home and avoid that?
Richard Wexler of the National Coalition for Child Protection Reform
(NCCPR) said he often hears that argument, but certain studies say
“There is no guarantee with an infant that an adoptive home will be found
right away, and that child will be spared the agony of foster care. But
let’s suppose, hypothetically, that were true. Suppose material advantage
outweighs everything. Why then wait for an abuse or neglect report? Do we
just turn our maternity wards into a giant game of supermarket sweep and
let the rich people come on in?” he said.
“We owe our children a just society... Unfortunately, too many places
have turned America’s child welfare system into the ultimate middle class
entitlement. Step right up and take a poor person’s child for your very
own.”
When a parent is faced with the threat of removal, their best move is to
demand a parent/agency agreement in which they agree to meet certain
conditions set out by the DHS in order to retain parental rights (Vinson
didn’t receive one). And they should be prepared to legally challenge the
prosecutor for proof of “anticipatory risk” when jurisdiction papers are
filed to transfer the child to the state. Having given up your child
previously does not constitute sufficient grounds to make the child a
state ward, said University of Michigan Assistant Professor Vivek S.
Sankaran.
SHIRLEY’S STORY
Lewis, a laid-off construction worker from Traverse City, took Vinson
under his wing after meeting her in Florida last spring. Two months
pregnant, she was staying with friends in a motel room. He suggested that
she come up to Traverse City and put her child up for adoption with
Catholic Human Services, with whom he’d had a good experience with an open
adoption.
After arriving in Traverse City in April, Vinson visited the agency and
handed over her complete file, wanting to be honest. (In retrospect, she
said, it’s been used against her).
Meanwhile, Lewis helped Vinson try to find a place to live—first the
Women’s Resource Center, where Vinson found many women were rough and
rude, having abused drugs and alcohol. She got into a fight with one, was
asked to leave, and went to the Goodwill Inn, where all went well. In
June, she found a subsidized apartment in Kingsley, which allowed her—for
the first time—to support herself with her disability check.
Over the months, Vinson confided in Lewis, telling him of the years of
abuse she endured at the hands of her father, who raised her in Florida.
Her drug-addicted mother, clean since 2000, was in and out of her life.
Lewis was horrified when he saw the scars on her deformed arms and hands
(the result of a birth defect) from the times her parents scorched her
with a curling iron and cigarettes in order to get pain medication for
themselves. Her father sexually abused her and also rented her out for sex
with other men.
FULL OF RAGE
At the age of 15, Vinson went into foster care and was -- at that point --
so full of rage, no one could handle her. She ran away from
institutionalized care at the age of 17, and hooked up with Micah, a
security guard. Things went well, until a year later when she got pregnant
with her baby, Crystal. Micah was disappointed she was going to have a
girl and the abuse began. When Crystal was three months old, Micah hit her
in the eye, despite Vinson’s attempts to shield her. Vinson pushed her
daughter to the hospital in a stroller and filed a police report. From
then on, Micah wouldn’t leave her alone for a moment. Six months later,
she escaped.
Her seven-month odyssey included a journey to her grandparents, an uncle
and friends; but there were often problems and she’d leave. “The whole
time, Mica (her daughter’s father) was trying to find me. He said he was
going to kill me, burn my apartment down; he’s been a terrorist my whole
life.”
She ended up in Utah, where she became pregnant again and had terrible
fights with her boyfriend. Just before her son was born, Micah contacted
CPS and said Vinson had kidnapped Crystal. At that point, Vinson
voluntarily gave up Crystal and, four months later, her newborn son. She
wanted what was best for them and was fearful that Micah would get
Crystal. She returned to Oklahoma City to stay with family. In January of
2009, she was raped and immediately reported the assault to the Oklahoma
City police. She moved to Florida a short time later, and that’s when she
met Lewis.
SECOND CHANCE?
After Vinson decided to keep her baby in June, the CHS worker made a call
to Child Protective Services (CPS) as required by law and presumably
handed over Vinson’s complete file.
Lewis took up her cause to keep Timothy, believing that Vinson deserved a
second chance. She needs help, no question. She must first learn how to
control her temper. For example, she became angry and abusive with her
doctor, frustrated that he was unresponsive to her problems. So much so,
her doctor “fired” her. But as it turns out, her amniotic fluid really was
leaking, necessitating an emergency C-section. Timothy was born in
distress with fluid in his lungs and temporary heart problems.
After Timothy was born, Vinson agreed to an open adoption to buy time with
her baby who was hospitalized in Grand Rapids. After she reversed the
decision, he was released from intensive care to a Roscommon couple she
had chosen last spring as the adoptive parents. They are now serving as
his foster parents. “If I have to give him up, I want them to raise him.
They are wonderful people,” Vinson said.
Lewis believes DHS should instead provide support to mothers like Vinson,
who now lives alone in a quiet apartment. It wasn’t her fault, he said,
that she was born in a home of drug addicts; she herself doesn’t drink or
take drugs. Secondly, the state is spending money for foster care and
adoption—why not spend the same amount of money to support the birth mom?
Finally, and most significantly, Shirley, who’s getting counseling, was
never given a chance to prove herself.
‘SHE NEEDS HELP’
“Are they saying people can’t change no matter what? I don’t believe it.
You can’t make me believe it. Shirley needs a lot of help; she does. CPS
in Oklahoma and Florida dropped the ball in not removing her from the
frickin’idiots who were her parents. But she’s getting walked on, and she
deserves a chance.”
Vinson said it feels like CPS is blaming her for being abused as a child.
“And it seems like they’re downing me because I’m not meeting their
standards. I can’t be a rich person and automatically have everything
they have. I’m not capable of snapping my fingers and having everything.
It takes time for people to get things. But people change.”
During the hearing, Vinson will try to disprove allegations from the first
removal with factual evidence, videotapes and photos. She had also wanted
to present videotaped visits at Child and Family Services with Timothy,
but was refused video copies—another frustration, along with DHS workers
whom she perceives as rude and insensitive.
NO PARENTING MODEL
In the final equation, the children’s best interest must be a priority,
said Mary Marois, the former DHS director of Grand Traverse and Leelanau
counties.
When told of the case, Marois said there is more to parenting than having
a safe apartment. Vinson has no spouse. Limited wages. No driver’s
license. A lower IQ. She has no family to support her and teach her how to
parent. She subjected her toddler to scenes of violence and bouts of
homelessness.
And learning how to be a good parent isn’t simple. It requires that a
child watch for 18 years how a parent writes bills, handles conflicts,
cooks dinners, schedules activities, and soothes tempers. There are
hurdles to raising a child, and, unfortunately, kids who have terrible
parents lack good role models.
“It’s the truth, but not everybody’s the same,” Vinson said. “I grew up
with drug addicts, but I’m going to be better, no matter how much I’ve
been through. I’ll give them a better start than I had. If I could get
Timothy back, the state can be in my life. Come by here every day and see
it’s okay.”
Marois said that area DHS workers have been intensively trained not to
mistake poverty for neglect, as sometimes occurs in other counties.
“The attitude of Grand Traverse/Leelanau is if the problem is money, then
there’s no problem. If you’re thinking of removing kids because they don’t
have shelter, then we find a place for the family to live. If it’s proper
clothes, then let’s get them clothes. So you would never remove kids
because of a dirty house, unless it’s a dangerous house with garbage and
*** all over it. That would never happen in this community.” said
Marois.
Government/Politics
Topic: FREEDOM OF SPEECH
Community Server :: Forums
Page 2 of 2 (25 items) « 1 2
Posted by windexon 01-25-2010 11:15 AM
Michigan: A fading leader/Does area have high rate of removal of kids from moms?
Anne Stanton
Michigan: a Fading Leader
By Anne Stanton
Michigan was once a leader for keeping kids with their families by
providing intensive support services to families like parenting classes
and job skill training, said child protection advocate Richard Wexler.
“In the mid 1990s, Michigan was still a leader, Illinois was a disaster.
But then Illinois looked at Michigan’s innovations and made them work,”
Wexler said.
But then Michigan’s commitment to prevention and working with families
diminished and so did the dollars. Secondly, the Binsfeld laws were passed
in 1996 to unclog the courts and to give permanency to children left
hanging in foster care. If parents couldn’t prove they could care for
their children within a year, they lost them forever. But the law
effectively funneled thousands more kids into foster care with no hope of
adoption. In 1994, there were 2,972 legal orphans or state wards. In 2006,
there were 6,292, according to Michigan DHS statistics.
“Michigan now has twice as many legal orphans—kids whose parents rights
have been terminated but who have little realistic hope of being adopted
because of their age, behavior or medical problems, or because they are
part of large sibling groups that ideally would be adopted together,”
wrote 28th Circuit Judge Kenneth Tacoma in a scathing critique, The
Unintended Consequences of the Binsfeld Law.
Tacoma and others have fought successfully for reform—particularly,
allowing relatives to receive benefits for taking in children, which
allows the kids and parents to stay connected.
But for every step forward is a step backward. In 2006, Michigan first
accepted, and then spurned a waiver that would have allowed DHS to use up
to $100 million in foster care funding alternatives.
This month, the Family Group Decision Making Program was cut, a program
that worked with troubled families and kids. The program was piloted in
Northern Michigan and served nearly 370 families. It also helped kids who
were aging out of the foster care system to navigate college, jobs, and
car buying.
The cut will save the state $800,000 this year, and $2.5 million next
year. But former area DHS Director Mary Marois said it will cost us in the
long run.
“Do you think Michigan is thinking about the long run? We’ve got to get
through this year … Nobody is looking at what this is going to cost us
five to ten years from now. We’ve already dumped prevention; what else is
there to cut?”
Does Area Have High Rate of
Removal of Kids from Homes?
By Anne Stanton
Grand Traverse County had the third highest removal rate of children in
the state of Michigan in 2008, according to a report by the National
Coalition for Child Protection Reform (NCCPR).
Dawn McLaughlin, who now heads DHS for Grand Traverse and Leelanau
counties, questioned those figures.
“I don’t think it’s true. I don’t think the statistics are accurate.
…We’re a dual county agency and we get combined with Leelanau County. Our
stats internally don’t reflect what they’re saying, and the court
statistics don’t reflect it. Anybody can take a statistic and come to a
conclusion, and it doesn’t make it true.”
Richard Wexler, head of the NCCPR countered that McLaughlin’s statements
are “misleading.” His data are lifted directly from DHS statistics and the
United States Census Bureau.
“When we calculated the numbers, Leelanau made almost no difference
because it’s so small. That’s why I didn’t include it among the ranked
counties,” Wexler said. “But just to humor Ms. McLaughlin I combined the
two counties and recalculated the figures. When you do that, the rate of
removal does drop - slightly, from 39.2 to 34.1, and the ranking for the
combined region goes from third worst to merely fifth worst.”
But why calculate rate of removal using the number of poor children,
rather than the number of total children in the county?
Responded Wexler: “We could have simply compared the number of children
removed to a county’s total child population. But then all the counties
with high rates-of-removal and high child poverty rates would complain
that this was unfair because we didn’t consider the single largest risk
factor for actual abuse, not to mention the factor most often confused
with neglect —poverty. So, in order to factor that out, and come closer to
an apples-to-apples comparison, we compare removals to the number of
impoverished children in each county.”
The report shows that wealthier Grand Traverse County has three and a half
times the removal rate of Wayne County, a much poorer county—a strong
indication DHS is mistaking poverty for neglect, he said.
Mary Marois, former area DHS Director, hypothesizes the high numbers owe,
in part, to Munson Medical Center being a regional hospital. “All infants
born with drug addictions or children who are suspected of being abused
are run through Grand Traverse County for investigation and then turned
over to the county of residence. This could affect the numbers,” she
said.
Wexler didn’t agree, saying the termination of parental rights and removal
take place in a parent’s county of residence.
Posted by windexon 01-25-2010 11:16 AM
Financial Incentives To The States To Remove And Adopt Out Children
⦁ Our Illegal Eviction in Antrim County
A woman tells her story
Monday, 30 August 2010 16:57 | Written by Amanda | | |
I am writing this from Antrim County Michigan, located in the Northwestern Lower Peninsula.
I have had several negative experiences with those employed by our local agencies.
I was sexually abused as a child and became a teenage alcoholic as a result. I had two sons by the time I was 22.
Because I was drinking daily, my family enlisted the help of the Antrim County Child Protective Services to make me stop.
The end result of this intervention was the removal and eventual adoption of my children to strangers who were only in it for the federal adoption subsidies.
I continued to drink off and on over the next few years.
I had another son in 1993 and continued to drink until he was two years old. I went to treatment for the fourth time in 1996 and have been sober since.
In 1998 I met my daughter's father. He had custody of his seven year old son and we attempted to blend our families.
Our boys did not like each other and the tension in our home escalated until my ex grabbed his son by the upper arms, shaking him and leaving bruises.
This happened in April 1999.
We were living in Grand Traverse County, which shares a court system with Antrim County.
Because I didn't want or need that negativity in my life, I called the CPS for help in getting my ex some counseling for his son.
(I didn't realize that the Binsfeld Legislation was due to go into effect in July 1999. These laws were designed to stop drug addicts,etc. from repeatedly having babies that languish in the foster care system. Binsfeld has been used by Michigan CPS agencies to justify the illegal removal of children from their families to be sold or "adopted" for a fee.
Strangers are paid several hundred dollars per month to take these kids in. These federal adoption funds are a huge cash cow for the states.)
The CPS harassed me from April until July 1999 when I was served with papers to terminate my parental rights because I witnessed and reported child abuse.Because my older children were adopted out in 1989, the CPS wanted to remove and adopt my other children 10 years later. They even perjured themselves in an attempt to steal my children to sell.
My court appointed attorney and the court referee were both on the Board of Directors for Northwest Michigan Child Guidance Center, which held the largest foster care contract in the county.
I was allowed to keep my children and reported this abuse of power to the proper authorities.
I moved back to Antrim County in 2000.
I have been harassed by the CPS/ judicial system since.
In 2004 I attempted to get counseling for my sexually abused 10 year old son.
I discovered that he had inappropriately touched his 11 year old cousin through her underwear and threatened to kill her if she told anyone.
My son ended up in juvenile detention for four months before spending 17 more months locked up in a private psychiatric hospital. He also was made to register quarterly as a sex offender.
Luckily I found a wonderful attorney who got my child off the SOR.
A federal civil suit is pending.
Antrim County also messed up the custody order regarding my daughter and just gave her to he dad. I had to go $10,000 into debt for an attorney to fix that mistake. It took eight months to get her back.
Apparently the employees of Antrim County still aren't finished violating our rights.
As a direct result of the actions of our local court employees, we are facing illegal eviction any day.
I will explain this mess a briefly as possible.
I have been buying my home on land contract since 2003.
Last year my unemployment got messed up and I was without income for four months. I fell behind on my payments and taxes and was taken to court at the end of last year.
I was given 90 days to get current.After the 90 days, I was served eviction papers without a hearing and was told by the process server that he would give me time to move. That isn't how the eviction process is supposed to work.
I was able to make a deal with the contract holder and gave him more $3450 in January 2010.
I made my monthly payments.
In May I received a call from his daughter regarding the property taxes. Historically I have always paid them with my tax return.
I didn't pay this year because I gave my entire tax return to my contract holder.
I even offered to pay extra every month on the balance that I still owed to him but was told no because he didn't want to mess up the amortization schedule and we would worry about it later.
I intended to make payments on the taxes once I got back to work in May.
Instead I was served eviction papers by the contract holders stating that I haven't made a
payment since last October.
That isn't true. The contract holder added up the balance owed and the back taxes and divided the amount by my house payment. They then counted backwards and presented the court with paperwork stating I have been living here since last October without paying.
I wrote the contract holder a note telling him that I am confused because I had been paying and I was tired of the stress of waiting to get served court papers.
We had a hearing July 29, 2010.
Apparently the contract holder gave my house to his daughter and he didn't show up for court.
The deal he and I had was null and void and I was treated in a rude manner by the judge.
Michigan law states that I have 90 days to get current - if I do not, then the contract holder has to follow the same steps as if they were evicting a renter.
Instead the judge gave me thirty days, That was up two days ago.
I had 10 days to appeal this bad decision. Four of the ten days were weekend days and Monday August 9 was my last day to appeal.
I went to the Antrim County Clerk's office in the morning and started to explain why I was there to the young girl who was working the desk. She was reaching under the counter for something when one of the older women rudely took over the transaction from her.
This woman insisted that I was going to have to go home and go to Michigan Law Library and print out a summons and complaint and come back.
Again I explained that I wanted to file an appeal but she rudely insisted that I needed that summons and complaint to continue.
As I was walking down the hallway she yelled at me not to forget my $150 filing fee.
I went home and wasted two hours trying to figure it out.
I went back to Bellaire and went to the district court to see if they would help me. The woman at the window called over to the clerk's office and I was then told that I needed to go to the 86th District Court website to print the forms.
I went to the library and the librarian helped me. We went to the site and wasted much time trying to find the forms. I called over to the clerk's office and asked for the form number.
The woman finally and rudely told me that it was MC55.
The librarian and I could only find forms through MC52 - I called back and another person answered and finally told me where the proper form was located online.
I printed it out and hurried back to the clerk's office.
That woman came up to the desk and reached under and handed me a checklist of things I would need to appeal.
I asked her why she didn't give that list to me earlier and I was told "that's what happens when you want to act as your own attorney."
She then informed me that I was going to need a receipt from the court recorder stating that I applied for a copy of the transcript from the July 29 hearing.
I asked her why she didn't tell me that earlier and she said that"nobody likes an appeal."
I told her that it was still my right and I was going to exercise my rights if I so choose.
I went back to the district court and was given the recorders number. I called and left a message. She could have faxed me that receipt but she ignored my call. I called again on August 18 and was ignored then as well.
I have reported this to the court but so far nobody wants to help us.
Apparently the court and it's employees can do whatever they want to poor people who can't afford to fight back.
So my kids I sit and wait to get thrown out of our home because the judge messed up and I was blocked from appealing by the county clerk's office.
Because the court is operating outside of the law, I have no idea what is next for us.
I'd like to save my home or at least be allowed to leave in an orderly manner.Thirty days isn't enough time to come up with the money and I can't afford an attorney to exercise my rights. All I want is to be treated fairly.
Some free country.
Last Updated (Monday, 30 August 2010 17:01)
⦁ Governor Granholm's Office
----- Original Message -----
From: AGCriminal
To:
Sent: Monday, March 31, 2008 12:52 PM
Subject: [SPAM] Citizen Inquiry #2007-3002203
March 31, 2008
Ms.
Citizen Inquiry #2007-3002203
Thank you for your email regarding your son's CSC conviction. You described how you and your son have suffered as a result of that conviction. We apologize for not responding sooner. However, this office receives hundreds of e-mails each week and some delays are inevitable.
After thoroughly reviewing your e-mail and the attached documents, it is clear that your situation is complex, and that legal advice from a person fully informed on all the facts is necessary.
The Department of Attorney General is responsible for providing legal advice to various state departments and officials. The law does not permit us to act as an attorney for private individuals, and therefore, we are unable to advise you in this matter. You may wish to contact a private attorney for advice regarding legal remedies available to you. An attorney would directly represent your interests and is the one whose advice would be most helpful to you. Since your correspondence indicates that you cannot afford an attorney, you may wish to contact your local legal services office to see if you qualify for its assistance. You can find the phone number for legal services in your county by calling the toll free State Bar Lawyer Referral Service at
1-800-968-0738.
We sincerely regret our inability to provide assistance and hope that these matters are resolved to your satisfaction.
Donna L. Pendergast
First Assistant Attorney General
Criminal Division
Sent: Saturday, March 28, 2009 6:26 AM
Subject: Re: Fw: Antrim County adoptive mother allowed to sexuallyabuse 14 year old adoptive son, cover-up by lo
The Northern Express printed our story this week. Here is the link.
Sent: Monday, February 23, 2009 5:17 PM
Subject: Re: Fw: Antrim County adoptive mother allowed to sexuallyabuse 14 year old adoptive son, cover-up by lo
Hello Ms.
I wanted to let you know that your email was forwarded to the Michigan Department of Human Services as that is the agency responsible for the oversight of foster care/adoption. Also, you will receive an email from the Michigan Department of Community Health in regards to the Recipient Rights complaint filed with North Country Community Mental Health.
Audrey Craft,
Services for Children with Developmental Disabilities Specialist
Mental Health Services to Children and Families
Department of Community Health
Lewis Cass Bldg. 5th Floor
320 S. Walnut
Lansing Mi 48913
"This message, including any attachments, is intended solely for the use of the named recipient(s) and may contain confidential and/or privileged information. Any unauthorized review, use, disclosure or distribution of this communication(s) is expressly prohibited. If you are not the intended recipient, please contact sender by reply e-mail and destroy any and all copies of the original message".
Sent: Friday, February 13, 2009 5:56 AM
Subject: Antrim County adoptive mother allowed to sexually abuse 14 year old
adoptive son, cover-up by local officials
Hi again,
I couldn't remember if I shared this information with you
regarding the sexual abuse of a 15 year old adoptive boy by his adoptive
mother and the cover up by Antrim County and our Regional Court
Administrative Office. I may be able to locate Z### if anyone ever cares
to investigate. As you can see from the date on my email to them, it has
been almost a year and nobody has done anything about this. I was
disgusted to see this woman at the fashion show at the school on Sunday,
helping the kids change outfits and such. She should be in prison. They
have special rules for special people in Antrim County.
----- Original Message ----- From
To: Region4 Info
Sent: Friday, February 22, 2008 9:42 AM
Subject: Antrim County
I apologize for bothering you again. I realize that this may not be the
proper forum to address these topics but I'm hoping that the following
information will be forwarded on to the proper agencies.
As I have already stated in my earlier emails, we declined the offer of a
court appointed attorney for my son Robert.
One reason I declined the offer was a situation I witnesses in our
district court in 2001 or 2002.
My former neighbor Tammy Biard was having problems with Children's
Protective Services, which resulted in her being arrested and charged with
resisting a police officer.
The court appointed Gerald Chefalo to represent her.
Tammy was also involved in an ongoing feud with another neighbor, Joann
Lacy, with many calls made to the police.
The case was handled by prosecutor Charlie Koop.
One condition of Tammy's probation was to have no contact with the victim,
Joann Lacy. The charge was resisting arrest, but Antrim County decided to
use this method to put and end to the feud. It didn't sit right with me.
Chefalo let this happen and it was apparent to me that he represents the
court and not his client. I saw the court order and know for a fact that
this is in Tammy's file.
Another disturbing situation that needs to be investigated concerns a 15
year old boy named Z*** W****. He was adopted by a local family a few
years ago. ( R****** and D***** W****) Denise is a county employee and her
husband is an alcoholic.
Last year a rumor circulated regarding the W**** family. The story goes
likes this: Someone walked in on D***** having sex with then 14 year old
Z***. D****** supposedly claimed that Z*** had been raping her for hours.
Z*** was removed from their home and placed in foster care in Elk Rapids,
where he spoke to a classmate who then passed the information on to me.
Z*** says that D***** had been molesting him over a period of time.
If Z*** is a rapist, why was he sent to foster care rather than to
juvenile detention or, better yet, the sex offender unit at Havenwyck like
they did my 11 year old son?
D***** is still free to go to work at M**********. Rumor has it that R******
W**** got in some trouble for physically abusing Z***. And Z*** is now
back living with his biological grandmother.
I'd like to note that Z*** and his siblings were in the system because
they witnessed their mother kill their father. The kids were split up and
adopted out. Now Z*** has to deal with this trauma.
It is obvious that there was some type of cover-up or someone would be
incarcerated right now and be a registered sex offender, like my son is
for something he did when he was 10.
My two oldest children were adopted out by Antrim County, only to have the
adoptive parents return them when they were 13 and 16. The probate judge
in Roscommon County ordered that the federal adoption subsidy continue to
be sent to the adopted parents, who then forwarded it on to my sister, who
was caring for my oldest son, and to my ex-husband who had my second
oldest.
This adoption was considered successful as far as monetary compensation to
the state when in reality the adoptive parents threw them away. It sounds
like fraud to me.
They also adopted four more siblings and some of them are still living
with them. Apparently nobody cared that they adopted my children and
returned them as defective after feeding them psychotropic drugs for
years, so long as it looks good for the state on paper.
My hope is that these claims will be investigated and Z*** gets a little
justice. Something is very wrong in this county. I also hope to gain some
credibility and get some assistance .
And, I don't know how there can be an investigation when nobody has
questioned Robert about the abusive treatment at Havenwyck.
Thank you,
To: <
Sent: Monday, February 23, 2009 10:30 AM
Subject: Response to your email to the Governor's Office
Dear Ms. ,
Thank you for taking the time to email Governor Granholm. Since the
Department of Community Health (DCH) is responsible for addressing
concerns such as yours, the Governor asked that I respond on her behalf.
It is my understanding that Audrey Craft of my staff emailed you on
February 12 to gather information about your complaint against Havenwyck
Hospital, but to date, she has not received a reply.
Ms. Craft also contacted Alexander Dukay at DCH’s Bureau of Health
Systems, Division of Licensing and Certification, to gather information
about the licensing of Havenwyck Hospital. And Ms. Craft contacted
Karen Oliverius, Recipient Rights Officer at North Country Community
Mental Health (NCCMH) where your son was a customer. Mr. Dukay was
aware of your previous complaint to the Attorney General and therefore
had information regarding the residential treatment program at Havenwyck
you referred to in your complaint. According to Mr. Dukay, the
residential treatment program your son was in at Havenwyck Hospital is
licensed by the Department of Human Services (DHS), Bureau of Child and
Adult Licensing. It is my understanding that the DHS does not have a
policy that prohibits the use of aversive techniques as is used at
Havenwyck Hospital. However, Ms. Oliverisu reported that NCCMH did in
part fund your son’s treatment at Havenwyck Hospital and that NCCMH
did investigate the related Recipient Rights complaint from March 11,
2008. The allegation of not receiving mental health services suited to
condition was substantiated, as your son’s Individual Plan for Service
had not been reviewed by the Behavior Management Review Committee or
Human Rights Committee at NCCMH. Ms. Oliverisu reported that the NLCCMH
Plan of Correction, from July 24, 2008, is as follows:
“The North County CMH Behavior Management Review Procedure, effective
9-1-07, will be reviewed at the next meeting of the North County CMH
Risk Management Team on 8-11-08. The procedure will be revised to
include at minimum, training to occur on a regular schedule for clinical
staff related to the Behavior Management Committee procedures and
requirement of the review of treatment plans that include Level II or
III interventions. Revisions to the NCCMH Behavior Management Review
Procedure will be completed by 9-30-08.”
I understand that you received a copy of the Recipient Rights
investigation that incorporated the recommendations listed above. I
hope this information has been helpful to you.
Sincerely,
Irene M. Kazieczko, Director
Bureau of Community Mental Health Services
Michigan Department of Community Health
Sent: Monday, February 23, 2009 10:58 AM
Subject: Re: Response to your email to the Governor's Office
Hi. Thanks for getting back with me.
I did email Ms. Craft with my contact information. For some reason she must not have received it. I will try again.
As far as I am concerned, the DHS should have a policy regarding aversive therapy. It is disgusting trying to find out an 11 year old child's sexual fantasies. What purpose does this serve?
My son was barely 10 at the time of his "offense", which would have made him too young to go to Havenwyck. I think he was charged as an 11 year old ,nearly a year after the incident. Do you see how ridiculous this sounds? These are little kids.
And what about the sexual assault of the gay back boy by staff member Mr. Ari, who my child was exposed to months after this assault occurred? Everyone knew what he did and nobody cared enough to report it. Or if they did, the state didn't care.
It eases my mind to know that nobody is going to be held accountable for this. At least they can waste more money training state workers not to bypass the Human Rights Committe and Behavior Management Committee before sending little kids off to be sexually tortured and threatened with potential sodomy in juvie, like DHS worker Nicole Little did to my child when she was pressuring him to hurry up and finish treatment because it was costing the county so much money.
I keep finding more and more horror stories regarding Psychiatric Solutions Incorporated facilities. How they keep their government contracts is beyond my comprehension. Please read the following information that I have found and then try to convince me that what was done to my child is ok. He still is suffering from the Orwellian Treatment.
I really don't expect anyone to help us. It is quite apparent that the state only cares about abuse and neglect if it gets kids away from their parents and into the system. Title IV money is more important than these kids, the future of our country. It is shameful what these kids are forced to endure.
Thanks anyhow,
Wendy Beal
Here is a horror story regarding the sexual abuse in Psychiatric Solutions Incorporated's Havenwyck Hospital located in Auburn Hills Michigan. Most of the boys are wards of the state. You have our permission to use this information to warn others about Havenwyck.
I am requesting an investigation into the State of Michigan, Antrim County Community Mental Health, Department of Human Services and Probate Court for not only violating my son's rights by sexually torturing him, they all have refused to investigate the deplorable conditions in that place. I have reported this to more mandatory reporters than I can name in this email.
Several internet sites have picked up our story -those are the following links. Psy Inc is currently under DOJ investigations for deaths and sexual assaults in their facilities. Please see the Medication Nation link for details.
I also have several DHS violation reports on Havenwyck. The subject matter is as follows : Staff gave suicidal resident a razor and she cut herself, requiring 17 stitches, two residents engaged in sexual activity in the classroom, Supervisor slammed girl face first into floor , breaking her nose - made other staff lie about it, no background check on employee, illegal restraint of resident, video suddenly unavailable.
Myspace page for kids who survived Havenwyck. 'The Quiet Room and the Booty Shot' is informative.
Our story is the third one down on this site.
Check out Dr. Ismail Sendi of Havenwyck
Deaths And Rapes In Psy Inc Facilities, Nationwide Abuse
--------------------------------------------------------------------------
SAN FRANCISCO
Court limits test used on released sex offenders
Judges say genital response measuring should be 'last resort'
Bob Egelko, Chronicle Staff Writer
Wednesday, June 21, 2006
a.. Printable Version
b.. Email This Article
A diagnostic test routinely ordered for released sex offenders, which measures their genital response to sexually stimulating images, is an intrusive procedure of uncertain validity that should be ordered only as a last resort, a federal appeals court ruled Tuesday.
One member of the three-judge panel said penile plethysmograph testing, in which the subject may be required to masturbate and be shown erotic images, is a dehumanizing procedure that should never be ordered as a condition of release from prison.
The majority on the Ninth U.S. Circuit Court of Appeals in San Francisco did not go that far but said the test was so invasive that a judge should hesitate to require it, and should do so "only after explaining on the record why the alternatives are inadequate."
That may have the same effect as a ban, said Jonathan Libby, a deputy federal public defender in Los Angeles. He had challenged a judge's order that his client undergo plethysmograph testing after serving a prison sentence for possession of child pornography.
"I'm very pleased the courts at last recognize that such an intrusive and offensive test can't be blithely applied by judges, as it has in the past," Libby said.
The U.S. attorney's office in Los Angeles said the ruling would not affect its efforts "to ensure that predators are punished and receive proper treatment following their release." In written arguments, the prosecutor's office cited a 2000 ruling by another panel of the Ninth Circuit that said "courts have accepted that penile plethysmographs can help in the treatment and monitoring of sex offenders."
The defendant in Tuesday's case, Matthew Henry Weber, was arrested in 2001 after the manager of an electronics store in the Los Angeles suburb of Woodland Hills found images of child pornography on the hard drive of a computer that Weber had brought in for repairs.
Weber pleaded guilty, served a 27-month federal prison term, and challenged the testing he was ordered to undergo during three years of supervised release. Libby said he did not believe Weber had been subjected to the test.
Plethysmograph testing is designed to measure responses to sexual stimuli as part of a treatment program. In the version for men, the subject places a measuring device on his penis, then is instructed to become fully aroused, through masturbation or other stimuli, to determine a baseline.
Some time later, he is exposed to sexual images and sounds, some involving coercion, to test his responses. The procedure lasts two to three hours.
The court said the test -- developed by a Czech psychiatrist, and formerly used by the Czech government to identify and "cure" homosexuals -- is ordered in 15 to 25 percent of adult sex- offender treatment programs.
While some researchers have found the test useful in diagnosis and treatment, the American Psychiatric Association reported in 2000 that its reliability and validity had not been well established, and that responses could be faked, the court said.
Apart from its effectiveness, the test "not only encompasses a physical intrusion but a mental one, involving not only a measure of the subject's genitalia but a probing of his innermost thoughts as well," said Judge Marsha Berzon.
She also said showing child pornography to an offender such as Weber, as part of his treatment, was "a little like handing a pyromaniac a lighted match but cautioning him not to use it."
Other diagnostic methods are available, Berzon said, including two that were ordered for Weber: polygraph testing, with a provision that the subject's answers would not be used to incriminate him, and Abel testing, which examines the length of time the subject looks at various photographs.
She said plethysmograph testing should be ordered only if a judge has found that it would be the most effective method in that case and has explained why other procedures are inadequate. Judge John Noonan, in a separate opinion, said even that standard was too permissive.
A prisoner remains a human being, Noonan wrote, and "should not be compelled to stimulate himself sexually in order for the government to get a sense of his current proclivities. There is a line at which the government must stop."
Page B - 4
CMH Rule 330.7199(g)
Excerpt: Issues
- Did North Country CMH participate in the development of Robert B's Individual Plan of service, including his Behavior Treatment Plan, while he was at Havenwyck Hospital Residential Impulse Control Center Program?
-Did Robert 's Behavior Treatment Plan meet the criteria requiring review by North Country CMH's Behavior Management Review Committee?
- If so, was it reviewed by the BMRC?
Investigative Findings
Wendy Beal was interviewed on 3/18/08 and said that she was court ordered on 4/20/04 to sign all necessary releases, which she did. She said she was also told that the only way Medicaid would pay for the placement was if the parents sign off on the plan. A review of the Havenwyck clinical record showed that both Ms. Beal and her son Robert signed the Plan of Service and the consent "to perform covert sensitization and assisted covert sensitization". The review also showed that the persons involved in the development and implementation, beside Havenwyck Staff,was Robert, Ms. Beal and his Antrim County DHS worker.
North Country CMH Associate Director, Staff A, was interviewed on 3/14/08 and said the placement was funded by the Antrim County Family Court,the Michigan Department of Human Services and North Country CMH. Mr. B was a Delinquent Court Ward at the time of his placement at Havenwyck. The Antrim County DHS worker was the responsible person. Staff A said a North Country CMH case manager was not assigned, but staff A did periodic reports with information received from DHS. Staff A also did the contract continuance.
A review of North Country CMH clinical record indicates the Plan of Service written on 8/9/04 by Staff A had verbal approval by the Antrim County DHS worker. The one goal was to function successfully at home, in school and in social relationships. The objective was "admission to Havenwyck Impulse Disorder Program to be free of sexually deviant behavior." The participation expected from North Country CMH was the monthly contractual payment agreement. There were quarterly progress notes written by Staff A. The Plan of Service written on 8/9/05 stated as the objective"see Havenwyck Plan of Service" but the Havenwyck plan could not be located.
The North Country CMH Behavior Management Review Procedure, effective 5/15/2003, was reviewed. Purpose #2 states"review and approve (or disapprove), in light of current research and prevailing standards of practice,all behavioral treatment plans utilizing aversive or restrictive techniques as defined in the hierarchy of interventions, techniques requiring informed consent of the consumer." The procedure applies to "All agency programs and services under contract with the agency which develop behavioral treatment plans. The BMRC will review all written behavior treatment plans developed in any agency program which utilizes techniques defined as Level II and III interventions in the hierarchy of behavioral interventions." Under FORMAL BEHAVIORAL INTERVENTION: Level III it states,"these procedures are significantly restrictive,aversive,or intrusive and must be implemented only as a component of a formal behavioral treatment plan, following approval of the client/parent/guardian, the BMRC and the Human Rights Committee (HRC).Since these procedures significantly modify an individual's rights they require a case-by-case review of the Behavior Management Committee and Human Rights Committee and special consent by the person or parent or guardian. These treatment plans will be reviewed by both committees when written and at intervals to be determined by the HRC."This procedure was continued in the February 2005 revision.
CONCLUSION
- Did North Country CMH participate in the development of Robert B's Individual Plan of Service, including his Behavior Treatment Plan, while he was at Havenwyck Hospital Residential Impulse Control Program? There is no record of North Country CMH's involvement in the development of Mr. B's Plan of Service. North Country CMH did not receive a copy of the Plan of Service nor the Behavior Treatment Plan from Antrim County DHS or Havenwyck. The only requirement was the monthly payment.
- Did Robert B's Behavior Treatment Plan meet the criteria requiring review by North Country CMH's Behavior Management Review Committee? Yes, as defined in the Behavior Management Procedure of 1999 and continued through the revision of 2005.
- If so, was it reviewed and approved by the BMRC? There is no record they North County CMH's Behavior Management Review Committee or Human Rights Committee had knowledge of, reviewed or approved Mr. B's Behavior Treatment Plan.
Therefore, based upon the above information and using a preponderance of evidence standard, where there is greater weight of the evidence not as to quantity but as to quality, the allegation of not receiving mental health services suited to condition is substantiated.
Recommendations : It is recommended that, minimally, training be done on a regular basis of supervisors and case managers on the Behavior Management Committee procedures that need to be followed when a behavior treatment plan is done by either North Country CMH or a service provider under contract with CMH.
Plan of Action : North Country CMH submitted the following plan of correction on 7/24/08:
The North Country CMH Behavior Management Review Procedure, effective 9/1/07, will be reviewed at the next meeting of the North Country CMH Risk Management Team on 8/11/08. The procedure will be revised to include at a minimum, training to occur on a regular schedule for clinical staff related to the Behavior Management Committee procedures and requirements of the review of treatment plans that include Level II or III interventions. Revisions to NCCMH Behavior Management Review Procedure will be completed by 9/30/08.
Michigan.gov Home MDCH Home | Online Services | Sitemap | Contact MDCH
Mental Health & Substance Abuse
> Mental Health & Developmental Disability
Hospitals and Centers
Developmental Disability
Children & Families
Community Mental Health Services
Practice Guidelines
Recipient Rights
Mental Health Statistics & Reports
Customer Services
Mental Health Programs & Practices for Adults
Psychiatric Advance Directive
Publications & Resources
Recovery Council
Requests for Proposals & Grants
MDCH Site Reviews
Traumatic Brain Injury
> Drug Control & Substance Abuse
> Intergrated Treatment for Co-occurring Disorders
> Reporting Requirements
Birth, Death, Marriage and Divorce Records
Physical Health & Prevention
Pregnant Women, Children & Families
Health Care Coverage
Statistics and Reports
Providers
Inside Community Health
Health Systems & Health Profession Licensing
Printer Friendly Text Version Email Page Text Size
Office of Recipient Rights - FAQ's
A collection of questions posed by rights advisors and officers with responses provided by the Office of Recipient Rights. The responses on this site are not meant to provide a legal opinion on any particular issue but are the official interpretation of these issues by the Office of Recipient Rights.
Behavior Management Committee
Seclusion and Restraint Regarding Adults
Patient Bringing Own Medication
Conflict of Role - Rights Officer and Hearings Officer
Rule 7046 Summary of Extraordinary Incidents
Clinical Suitability for Voluntary Admission
Q: Does the Behavior Management Committee (BMC) have to review all restrictions or limitations of rights?
A: Questions have arisen of late regarding revised DCH Rule 330.7199 (g), i.e. Does the Behavior Management Committee (BMC) have to review all restrictions or limitations of rights? The answer is YES. Whenever you are going to restrict or limit the rights of a recipient to modify a behavior, there must be a plan and that plan must be reviewed and approved by the "specially constituted body" as per Rule 7199 (g). The answer is based on the following.
Rule 7199 has always required that any limitation or restriction on any right of a recipient must be documented in the individual plan of service (IPOS). That documentation has always included the justification for the limitation and a time-limit for the limitation. Most importantly, the Rule has always indicated that the IPOS include documentation of attempts that have been made to avoid the limitation as well as what actions will be taken as part of the plan to ameliorate or eliminate the need for such limitations or restrictions. This would be the behavior treatment plan.
Section 3.3 of Part III of the Michigan Medicaid Provider Manual requires that any behavior management or treatment plan that proposes aversive, restrictive or intrusive techniques or psycho-active drugs for behavior control purposes where the target behavior is not due to an active substantiated psychotic process, must be reviewed and approved by a specially constituted body comprised of at least three individuals, one of whom shall be a fully- or limited- licensed psychologist with the formal training or experience in applied behavior analysis, and one of whom shall be a licensed physician/psychiatrist, This behavior management review is a Medicaid covered service available to Medicaid beneficiaries. It was felt that this review and approval process is an essential component of a behavior treatment plan that proposes to restrict or limit the rights of any recipient of public mental health services and was therefore included in the 2007 Rule revisions.
The draft Technical Requirement for Behavior Treatment Plan Review Committee defines Restrictive Techniques as those which, when implemented, will result in the limitation of an individual's rights as specified in the Code and federal Balanced Budget Act. (Note - this answer is based on the current draft definition of Restrictive Techniques and will be modified as necessary should that definition change.) Rule 7199 requires that any such restrictions or limitations, or any aversive or intrusive behavior treatment techniques be reviewed and approved by a formally constituted committee of mental health professionals with specific knowledge, training, and expertise in applied behavioral analysis. This refers to the Behavior Treatment Plan Review Committee referenced in the TR and the BBA.
In accordance with the Rule language, a behavior treatment plan that proposes to use restrictive or intrusive techniques impinging upon a right guaranteed by the Code must be submitted to the Committee for review and approval. Per the draft Technical Requirement for Behavior Treatment Plan Review Committee, that plan must include (1) results of assessments performed to rule out physical, medical and environmental causes of the seriously aggressive, self-injurious or other behaviors that place the individual or others at risk of harm, (2) a functional assessment, (3) evidence of the kinds of positive behavioral supports that have been attempted to ameliorate or eliminate the behavior and have been unsuccessful and (4) evidence based practice or practice guidelines that support the proposed treatment.
It is apparent that the Technical Requirement and Rule 7199 (g) must be considered together in determining the need for a plan to be reviewed by the Behavior Treatment Plan Review Committee. The Department of Community Health plans on conducting training with Committees once the Technical Requirement is finalized and made part of the PIHP/CMHSP contracts.
Antim County is also making my son register quarterly as a sex offender even though that is not what is required by law. They also have taken to billing me for more than $12,000 for all of this.
Dear Sir/Madame:
My son Robert Alan Brownell is a registered sex offender as the result of being convicted of MCL 750.520c(1)(a) on 4-20-04 in the Antrim County Family court (Case No: 04-2904-DL). His offense occurred when he was 10 (a juvenile) and today he is 15, his birthday is 3-29-93. My son has yet to file the petition mentioned in the law, and will likely do so timely, but for today the petition is not the issue.
The Antrim County prosecutor, Mark Fett informed me that my son MUST register quarterly, which my son is now doing, and I cannot understand why, as that is not what the law requires given my son's circumstances.
As I read the relevant laws they state the following:
MCL 28.725a(4) and (5):
(4) Except as provided in subsection (5), following initial verification under subsection (3), or registration under this act after January 15, 2000, an individual required to be registered under this act who is not incarcerated shall report in person to the local law enforcement agency or sheriff's department having jurisdiction where he or she is domiciled or resides or to the department post in or nearest to the county where he or she is domiciled or resides for verification of domicile or residence as follows:
(5) The continued reporting requirements of this section following initial registration do not apply to an individual convicted as a juvenile of committing an offense described in section 8c(15)(a) or (b) committed by the individual when he or she was less than 17 years of age, except that the individual shall report a change in his or her residence within this state or to another state as provided in this section within 10 days after the change of residence is made. If the individual fails to file a petition under section 8c before he or she becomes 18 years of age, or if his or her petition is denied by the court, the individual shall report as otherwise required under this section.
MCL 28.728c(15)(a):
(15) The right to petition under this section applies to all of the following individuals:
(a) An individual who is convicted as a juvenile under section 520b, 520c, or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, of committing, attempting to commit, or conspiring to commit a violation solely described in section 520b(1)(a), 520c(1)(a), or 520d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, if either of the following applies:
(i) The individual was under 13 years of age when he or she committed the offense and is not more than 5 years older than the victim.
I have highlighted the relevant portions that relate to my son's circumstances. I believe the law is quite clear, it says, after initial registration (which was completed years ago) all he must do is report any change of address if he moves. Nothing on any of the registration forms covers my son’s circumstances and no one has ever explained, in detail, what the law requires of my son and his circumstances.
Since it is my intent to have my son comply with the law, as written, I am asking for a TIMELY written response from you so that I may have documentation and appropriate instructions as to what you believe the law says with respect to my son's circumstances. Should you rely on some other law or interpretation, please be so kind as to respond as I have done above by including the law and highlighting the portions you rely on.
In closing, why is my son being treated differently TODAY than the law requires of a person with his circumstances as I have shown above?
Respectfully,
Attached is the draft of the letter which I believe will require them to either agree with what the letter states, or provide you with their interpretation of why he must do otherwise.
Now, before we consider it FINAL I want to be ABSOLUTELY positive I have the facts correct (Dates, case no, etc.). So would you please verify all the facts, dates, etc.
Strange, I actually think I know how the prosecutor messed up, and wonder if he did it on purpose because for unknown reasons he was upset with your case.
Please get back to me.
eAdvocate
PS: Remember, they have no duty to respond. If they fail to, it will be up to you to take the issue further. However, I think someone will respond esp. wit a registered letter and copying all those folks.
Finally I have my system back in good working order. With that said, on to your issues.
It is important that you realize you have mentioned various issues along the way and each of them needs a separate resolution, and some requiring lawyers, that we are not. It is also important that you do not confuse things -between these issues- when speaking about a major individual issue, so I am outling them below:
1 [Harm during Incarceration]) You mentioned the mistreatment of your son during his incarceration, and that apparently you filed a complaint the State Attorney General's office which he dismissed. OK, this issue is one that, if you wish to pursue, you WILL NEED a special lawyer who knows that type of complaint and is willing to sue the state. Only that type of lawyer will know if there are time limits within which you would have to sue, we do not know them.
2 [Appeal of Conviction]) Your most recent e-mail asked about form JC 81, that is a form used to get a lawyer to APPEAL your son's conviction. The form is available at your local court clerk's office, and we cannot help you with appealing his conviction. Please note though, there are time limits within which an appeal must be filed, and I do not know if you have passed them, only an appropriate APPEAL lawyer would know that.
3 [Petitioning to get off the registry]) Petitioning the court to get your son off the registry. OK, now we know his release date is 5-30-06 and you have 3 years from that date to file the papers to petition the court. To be safe, I would say, as long as it is filed by 5-28-09 you would be safe and be IN-COURT before the date where he can NO LONGER petition for removal from the registry. PS: No matter what, you will need a copy of the paper the judge signed on 5-31-06 to file with the petition when you file the petition, so do not forget that; suggest a visit to court clerk and find paper then ask for it to be copied and certified.
Now, while Barb from Citizens for Second Chances is very familiar with the process of petitioning so ask her to answer your related questions, BUT, you will still need a lawyer to get the petition IN-COURT. This type of lawyer is different from the ones mentioned in #1 or #2 above. The actual petitioning process is not something I am very familiar with, hence I doubt I can help much beyond finding laws. You need to watch your dates for petitioning because if you miss them he will no longer be able to file.
4 [Quarterly Registration]) The final major issue, the Prosecutor forcing your son to register quarterly. This is where I have done major work along with Barb and I am going to make suggestions in another e-mail. I am quite sure we have good news here, but wait for that e-mail.
Summarizing:
Those are the four major areas you have mentioned and I just wanted to separate them as to resolve each is a separate process, and unfortunately at least three lawyers will be needed. Unless you can find one who is sharp in all areas, you will need three different ones.
I do understand the financial problems folks have, but I also have to be honest and explain how others have approached the same issues. I doubt there is a Johnny Cockran (O.J. Simpson's lawyer) left who take on so many issues without payment.
Remember too, that issues #1 #2 and #3 all have time limits, and to when they must be started and if missed, then cannot seek relief.
I will follow with e-mail to address #4.
eAdvocate
PS: Since Barb is helping I will be copying her.
Quarterly Registration Question only:
Now, you really need to put your thinking cap on because the law that explains what your son is supposed to do regarding registration, also talks about the petitioning process, and it is confusing which is why color coding the statute to show you what is applicable -up until the petitioning process decision is made- AND -what is applicable after the petitioning process decision is rendered by the judge-, is necessary. Then there is a trickier part, read below. OK, here goes:
What we have found -in Michigan Statute- is, that your son is required to REGISTER ONCE when he was convicted (which you have already done) and then NOT AGAIN until he is 18, UNLESS he changes his address which then requires him to report -in person- every change of address WITHIN 10 days. (SEE ALSO WARNING/CAUTION following this statute)
Michigan Statute: 28.725a Notice to registered individual; explanation of duties; reporting requirements.
subsection: (5) The continued reporting requirements of this section following initial registration do not apply to an individual convicted as a juvenile of committing an offense described in section 8c(15)(a) or (b) committed by the individual when he or she was less than 17 years of age, except that the individual shall report a change in his or her residence within this state or to another state as provided in this section within 10 days after the change of residence is made. If the individual fails to file a petition under section 8c before he or she becomes 18 years of age, or if his or her petition is denied by the court, the individual shall report as otherwise required under this section.
WARNING/CAUTION:
The grey area is where things get really tricky because your son’s age and offense require him to petition WITHIN 3-Years of his release from probation (i.e., petition before 5-30-09), which means he will be petitioning BEFORE he is even near 18 years old.
Here is the trick, the grey area requirements OVERRIDE the yellow area requirements, if the judge –as part of his decision denying the petition- requires your son to register annually or every quarter (the judge controls this). Then you MUST follow the judge’s order. Of course, if the judge grants the petition then no more registration, but get a copy of that judge’s order and keep it forever.
The grey area also covers, "if you FAIL to file a petition" "the individual shall report as otherwise required under this section." (see underlined above). That means, if your son DOES NOT file a petition by 5-30-09 THEN he follows the yellow area requirements until he is 18 years old, and once he turns 18 he must follow the rules like everyone else with his type of conviction which is quarterly registrations..
That explains what we found reviewing the laws using your son’s circumstances, however, remember we are not lawyers so no one is going to believe us. So, we asked someone who works for the state and they would not answer us, instead, referring the question to a lawyer. We wondered why because it is really quite clear to folks who regularly read these laws.
Being perplexed we also decided to review all the forms used by the state to notify registrants of their duties as required by the registry laws. That is when we realized that the state has never informed juveniles -such as your son- of their requirements; never, not one! That would explain why the prosecutor dropped the charges against your son, he didn’t want to have this revealed (OUR GUESS, no real proof).
The state doesn’t have any PUBLISHED way to handle this today, which explains why our friend (the one working for the state) is not willing to put their name on this, instead referring us to a lawyer. What this amounts to is an undisclosed error on the part of the state.
So, now the question is, are you willing to assert your son’s rights under this law? If so, it is likely there will be objections from possibly the prosecutor. If so, then are you willing to stand in court and tell the judge to explain why he must register quarterly BEFORE he is 18? I guess what I am saying is, are you ready for this because it is going to take you making a stand and forcing them to prove you wrong.
Now, if so, then I do have an idea of how –I think- you can do this using three letters which will force them to answer why quarterly registration is supported by some other law, other than what is above. I seriously doubt they will be able to support what they claim. Now, there is also a possibility they will ignore you, at which point a lawyer would have to take over to force them into court, no way around it.
At one point you said, well what if I just don’t register quarterly; which is a possibility. That would be a mistake and would be showing contempt for the law, a judge would not like that and likely would rule against you forcing you to appeal to get relief. I do not suggest that although it would get you in court.
What I need from you now is, an answer on whether or not you want to try the letters route? Understanding there is no guarantees either. Please respond and I will then set them up for you if you wish to try that method.
eAdvocate
PS: There will be an expense involved to mail those letters via "registered mail return receipt requested" so that you have proof they have received the letters. I do not suggest any other method of mailing them; force them to sign for them.
You will need the addresses of: A) The Prosecutor; B) Your local Michigan State Police Post; C) Your local County police post. I do not have these.
Sent: Thursday, February 12, 2009 2:47 PM
Subject: Re: Response to your email to the Michigan Department of HumanServices
Hi. Thanks for getting back with me. I am available to talk anytime during
the day, but early morning or late afternoon is usually the best time. My
phone number is
231-544-6169. I look forward to speaking with you.
Sent: Monday, February 23, 2009 10:30 AM
Subject: Response to your email to the Governor's Office
Dear Ms. Beal,
- Show quoted text -
Thank you for taking the time to email Governor Granholm. Since the
Department of Community Health (DCH) is responsible for addressing
concerns such as yours, the Governor asked that I respond on her behalf.
It is my understanding that Audrey Craft of my staff emailed you on
February 12 to gather information about your complaint against Havenwyck
Hospital, but to date, she has not received a reply.
Ms. Craft also contacted Alexander Dukay at DCH’s Bureau of Health
Systems, Division of Licensing and Certification, to gather information
about the licensing of Havenwyck Hospital. And Ms. Craft contacted
Karen Oliverius, Recipient Rights Officer at North Country Community
Mental Health (NCCMH) where your son was a customer. Mr. Dukay was
aware of your previous complaint to the Attorney General and therefore
had information regarding the residential treatment program at Havenwyck
you referred to in your complaint. According to Mr. Dukay, the
residential treatment program your son was in at Havenwyck Hospital is
licensed by the Department of Human Services (DHS), Bureau of Child and
Adult Licensing. It is my understanding that the DHS does not have a
policy that prohibits the use of aversive techniques as is used at
Havenwyck Hospital. However, Ms. Oliverisu reported that NCCMH did in
part fund your son’s treatment at Havenwyck Hospital and that NCCMH
did investigate the related Recipient Rights complaint from March 11,
2008. The allegation of not receiving mental health services suited to
condition was substantiated, as your son’s Individual Plan for Service
had not been reviewed by the Behavior Management Review Committee or
Human Rights Committee at NCCMH. Ms. Oliverisu reported that the NLCCMH
Plan of Correction, from July 24, 2008, is as follows:
“The North County CMH Behavior Management Review Procedure, effective
9-1-07, will be reviewed at the next meeting of the North County CMH
Risk Management Team on 8-11-08. The procedure will be revised to
include at minimum, training to occur on a regular schedule for clinical
staff related to the Behavior Management Committee procedures and
requirement of the review of treatment plans that include Level II or
III interventions. Revisions to the NCCMH Behavior Management Review
Procedure will be completed by 9-30-08.”
I understand that you received a copy of the Recipient Rights
investigation that incorporated the recommendations listed above. I
hope this information has been helpful to you.
Sincerely,
Irene M. Kazieczko, Director
Bureau of Community Mental Health Services
Michigan Department of Community Health
--------------------------------------------------------------------------------
Sent: Monday, February 23, 2009 10:59 AM
Subject: Fw: Antrim County adoptive mother allowed to sexually abuse 14 year old adoptive son, cover-up by local officials
Sent: Friday, February 13, 2009 5:56 AM
Subject: Antrim County adoptive mother allowed to sexually abuse 14 year old adoptive son, cover-up by local officials
Hi again,
I couldn't remember if I shared this information with you regarding the sexual abuse of a 15 year old adoptive boy by his adoptive mother and the cover up by Antrim County and our Regional Court Administrative Office. I may be able to locate Zack if anyone ever cares to investigate. As you can see from the date on my email to them, it has been almost a year and nobody has done anything about this. I was disgusted to see this woman at the fashion show at the school on Sunday, helping the kids change outfits and such. She should be in prison. They have special rules for special people in Antrim County.
----- Original Message ----- From: wendy beal
To: Region4 Info
Sent: Friday, February 22, 2008 9:42 AM
Subject: Antrim County
I apologize for bothering you again. I realize that this may not be the proper forum to address these topics but I'm hoping that the following information will be forwarded on to the proper agencies.
As I have already stated in my earlier emails, we declined the offer of a court appointed attorney for my son Robert.
One reason I declined the offer was a situation I witnesses in our district court in 2001 or 2002.
My former neighbor Tammy Biard was having problems with Children's Protective Services, which resulted in her being arrested and charged with resisting a police officer.
The court appointed Gerald Chefalo to represent her.
Tammy was also involved in an ongoing feud with another neighbor, Joann Lacy, with many calls made to the police.
The case was handled by prosecutor Charlie Koop.
One condition of Tammy's probation was to have no contact with the victim, Joann Lacy. The charge was resisting arrest, but Antrim County decided to use this method to put and end to the feud. It didn't sit right with me.
Chefalo let this happen and it was apparent to me that he represents the court and not his client. I saw the court order and know for a fact that this is in Tammy's file.
Another disturbing situation that needs to be investigated concerns a 15 year old boy named Zack Wilks. He was adopted by a local family a few years ago. ( Richard and Denise Wilks) Denise is a county employee and her husband is an alcoholic.
Last year a rumor circulated regarding the Wilks family. The story goes likes this: Someone walked in on Denise having sex with then 14 year old Zack. Denise supposedly claimed that Zack had been raping her for hours.
Zack was removed from their home and placed in foster care in Elk Rapids, where he spoke to a classmate who then passed the information on to me.
Zack says that Denise had been molesting him over a period of time.
If Zack is a rapist, why was he sent to foster care rather than to juvenile detention or, better yet, the sex offender unit at Havenwyck like they did my 11 year old son?
Denise is still free to go to work at Meadowbrook. Rumor has it that Rich Wilks got in some trouble for physically abusing Zack. And Zack is now back living with his biological grandmother.
I'd like to note that Zack and his siblings were in the system because they witnessed their mother kill their father. The kids were split up and adopted out. Now Zack has to deal with this trauma.
It is obvious that there was some type of cover-up or someone would be incarcerated right now and be a registered sex offender, like my son is for something he did when he was 10.
My two oldest children were adopted out by Antrim County, only to have the adoptive parents return them when they were 13 and 16. The probate judge in Roscommon County ordered that the federal adoption subsidy continue to be sent to the adopted parents, who then forwarded it on to my sister, who was caring for my oldest son, and to my ex-husband who had my second oldest.
This adoption was considered successful as far as monetary compensation to the state when in reality the adoptive parents threw them away. It sounds like fraud to me.
They also adopted four more siblings and some of them are still living with them. Apparently nobody cared that they adopted my children and returned them as defective after feeding them psychotropic drugs for years, so long as it looks good for the state on paper.
My hope is that these claims will be investigated and Zack gets a little justice. Something is very wrong in this county. I also hope to gain some credibility and get some assistance .
And, I don't know how there can be an investigation when nobody has questioned Robert about the abusive treatment at Havenwyck.
Thank you,
Wendy Beal
----- Original Message -----
From: wendy beal
To: Region4 Info
Sent: Tuesday, February 05, 2008 6:54 AM
Subject: Re: Antrim County Probate Court, DHS, Community Mental Healthand Havenwyck Hospital
Thank you for getting back with me. I never said that they wouldn't allow us to have an attorney - we opted not to because Bill Heffren and Nicole Little assured us that Robert didn't really need one. We were misled into thinking that Robert's record would be cleared at 18 if he stayed out of trouble and completed treatment. Robert held up his end of the deal.
He completed the program at Havenwyck in record time - possibly because Ms. Little threatened him with potential anal rape in a juvenile detention facility if he didn't.She also pressured him to hurry up and finish treatment because it was costing Antrim County so much money. At that point I realized that it was more about punishing Robert than helping him.
Ms. Little missed an important court date in December 2005 and even failed to show up for the meeting that she set up at the school when Robert came home,so obviously none of this was for Robert's benefit.
Robert was also supposed to be seen by Community Mental Health upon his release. Since they helped pay for the ammonia capsules and an education in sex that I could never have provided my child, I figured that I would be able to get him an appointment. However, because they were low on funds they weren't taking any new clients unless they were suicidal. They sent thousands of dollars to Havenwyck for Robert's "treatment" and then had no funding left for him for aftercare.
I intend to consult an attorney. I have no documentation stating that Robert is required to resister quarterly for the rest of his life. Robert was home for 9 days when Ms. Little called and informed me that Robert had to register the next day or he could be in trouble and, "Oops, my bad!"
We complied because we were told at that point that it was a one time deal. Sixteen months later he is apprehended for failing to register quarterly. I was hoping that he'd be charged so he could have an attorney look at his case.
All I want is some clarification as to why Robert has to register. Being verbally ordered to register my kid by someone employed by the court does not constitute a court order. From everything that I have read, Robert is too young to have to register quarterly. The punishment doesn't fit the crime and I don't understand how any of this happened. He was only ten years old.
Court referee Cynthia Conlin had her home raided by the state police last year . Her husband was arrested for possessing more than 1000 images of child pornography on their home computer and possession of marijuana. She's still passing judgment on strangers even though she married a pedophile. She says she didn't know and got to keep her job.
The average woman would lose custody of her children and be admonished by the court for not knowing what was going on in her own home.
By the way, her husband was able to plea down to possessing child abusive materials, even though it was three and four year olds in sexual positions. He was sentenced to a year in the County Jail. Where are his ammonia capsules and plethysmographs?
It just depends who you are, I guess.Our not having an attorney in no way justifies what they did to Robert.
Thank you, anyhow.
----- Original Message -----
From: Region4 Info
To: wendy beal
Sent: Monday, February 04, 2008 1:45 PM
Subject: Re: Antrim County Probate Court, DHS, Community Mental Healthand Havenwyck Hospital
Thank you for your e-mail of February 4, 2008.
We have reviewed your complaint and are unable to respond to questions 1, 2, 3, and 4. These questions do not pertain to issues involving the courts. As to question 5, “Why did the judge allow us to proceed without an attorney when there was going to be lifelong repercussions? “, a check of the court records shows that both you and your son waived your right to be represented by an attorney. As to the other questions asked, you may wish to seek the advice of an attorney.
I'm writing to you regarding a situation involving my now 14 year old son, Robert. He was sexually abused at a young age and I had voluntarily placed him in treatment at age four because he was emotionally impaired as a result.
He also spent nine years in special education due to this impairment. This went well until his treatment was sabotaged by the Grand Traverse County CPS. This is important because the Antrim County CPS built a case against my child over several years following this treatment.
Both counties are part of the 13TH Circuit Court.
[ Robert apparently was acting out sexually in the community and it was reported to and documented by the CPS in both counties. I requested and was denied counseling services for Robert by this same court in 2001while my family was being provided services by Mancelona Family Resource Center. My caseworker, Jeannie Donnagan assisted me in applying to the court for services. However, halfway through my case she quit her job to become a CPS worker.
Ms. Donnagan could have and should have reminded the court of this. She wasn't the worker involved, but it is documented in our CPS file, so somebody should have noticed.]
Rather than notify me, Robert was repeatedly pulled from class and interrogated by the CPS. Since Robert was the one accused of wrongdoing, shouldn't there have been a parent or attorney present?
In 2003 Robert touched his cousin through her underwear and threatened to kill her if she told anyone. Robert was barely 10 and my niece was 11. We didn't find out about it until January 2004 and immediately sought counseling for Robert.
The juvenile justice/ CPS worker and the prosecutor told us that in order for the court to pay for the treatment, Robert would have to plead guilty to Second Degree CSC. They assured us that Robert's record would be expunged when he turned 18 if he successfully completed treatment and stayed out of trouble. They also told us that it wasn't necessary for Robert to have an attorney - we could have one - but it would only drag it out even longer.
Robert's fingerprints, mug shot and DNA were taken.
As soon as Robert pled guilty, he was locked up in juvenile detention for four months before being sent to Havenwyck Psychiatric Hospital in Auburn Hills for 17 more months.
Havenwyck is a private hospital owned by Psychiatric Solutions Inc.
Medicaid wouldn't pay for this treatment so Antrim County DHS, Probate Court and Community mental health picked up the tab. They made me pay child support and billed me weekly.
Robert was threatened by the juvenile justice worker that if he didn't hurry up and finish treatment he would be sent to juvenile detention. She then felt the need to share with Robert that she used to be employed by Wakkenhut and while working there, a group of boys dragged another boy into a room and sodomized him until his rectum fell out and he bled to death.
Treatment at Havenwyck involves torture and experimental behavior modification techniques.
Covert Taping - Robert was made to write a healthy script and a deviant script. These he read aloud into a tape recorder. When he became aroused, he had to break open an ammonia capsule and inhale deeply. Staff members listened to these tapes to make sure that he choked. That meant that he was doing it properly. Robert suffered horrible nosebleeds for months after he came home.
Plethysmographs - This is a test where the older boys were taken out of the facility. A ring with sensors is placed over the boys penis and they are shown sexually graphic material. Robert was too young to do this, but went out of the facility with two other boys and a staff member to act as chaperone.
This was necessary because a staff member named Mr. Ari was accused by a gay black boy of engaging in oral and anal sex with him in the bathroom of the facility where they do the plethysmographs.
This happened before Robert arrived at Havenwyck yet Robert met Mr. Ari. That was because he was still working on the unit. He was transferred to another unit and eventually let go, but as far as Robert knows this was never investigated by the state.
Most of the boys in Havenwyck are wards of the state. Since Medicaid won't pay for this, who is paying who?
Robert successfully completed treatment in January 2004. He was home for nine days when the juvenile justice worker called to inform me that Robert had to register as a sex offender by the next day or he'd be in trouble.
This was the first time we were informed that Robert would have to do this. Otherwise we would have had an attorney and never would have agreed to their deal.
We complied and tried to get on with our lives. There was never any documentation regarding the rules that Robert is supposed to follow.
The day that Florida Governor Jeb Bush deemed ammonia capsules to be torture, Robert was released from his strict probation without a hearing. The court order said nothing about him having to register quarterly for the rest of his life.
We have been trying to pick up the pieces and go on.
However on May 17, 2007 the state police showed up at our home and "apprehended" Robert for failing to register quarterly since he came home more than a year earlier.
The state trooper was confused by all of this and believed me when I told him that that was the first that I'd heard that Robert had to register. I have no documentation from Antrim County regarding the rules Robert is supposed to follow.
According to the paperwork the trooper showed me, Robert's DNA isn't on file. Antrim County took a cheek swab, so where is my child's DNA?
There was also confusion as to why my son was sentenced so harshly.The only thing the trooper could think of was the fact that my niece was under the age of 13.She was 11 and Robert was 10 at the time of the incident.
The trooper then proceeded to take Robert's palm prints on the trunk of his car in front of everyone. We live by the school and there was much traffic that day. He also went over the radio with Robert's name, our address and failure to register CSC. Great .Even though Robert is only 14, he seems to have forfeited his right to privacy.
The trooper said he was going to write and fax his report to Antrim County that day because he wanted to clear up the confusion about the matter.
I waited for several weeks for Antrim County to contact me. We only had until July 15 to get him registered. When I didn't hear from them, I called the trooper. He said that he specifically attached a memo for them to contact me as soon as possible.
He called Antrim County and they told him that prosecutor Mark Fett was going to look into this and would call me. He did, and I tried to ask him questions as to how and why this happened and how we were supposed to comply if we aren't told what to do. He also told me that Antrim County decided not to press charges.
I asked about appealing my son's conviction and he informed me that I would have to hire my own attorney. Unfortunately I can't afford one.
Because I questioned this matter, Mr. Fett got very angry with me and he screamed at me, "I'm telling you now-Register your kid!" He then slammed the phone down in my ear.
I wanted Robert to be charged because we then could have had an attorney look at his case.
From what I have been able to figure out, Robert is subject to the Adam Walsh Act of 2007.
Since he committed his offense in 2003 at age 10, I don't understand how this can possibly pertain to him. My father is a convicted sex offenderbut he doesn't have to register because his crime was committed before there was a sex offender registry.
I feel that the CPS was building a case against Robert for years since his past behavior was a deciding factor in the decision to prosecute rather than help the kid.
My main questions are as follows :
1. Havenwyck was the only facility that would even take Robert because he was so young (barely 11) . Was our case dragged out for four months so Robert would be old enough to be placed in Havenwyck? Why was he sent there, especially since it is experimental? Robert's therapist made reference to Pavlov's dogs in open court and stated that the program had been in existence for less than 10 years.
2. Since the California Court of Appeals ruled last year that plethysmographs are "Orwellian" in nature, why are they using them on children who are wards of the state?
3. Is it legal to use ammonia capsules on children?
4. Why was Robert questioned repeatedly by the CPS without a parent or lawyer present while an elementary school student, then charged with a crime at a later date? Why didn't the CPS tell me what Robert was supposedly doing?
5. Why did the judge allow us to proceed without an attorney when there was going to be lifelong repercussions? It's not fair that my child's life is ruined because I made a bad decision.
Time is running out for us. We only have three years to file suit in Michigan and its already been more than 2 years. Are there any attorneys willing to take cases if the state is involved?
Robert never recieved the help he needed for being a victim of sexual abuse. Instead he was treated like some kind of monster and had his life ruined by people who should be helping kids.
I have no idea where to begin. Any suggestions will be greatly appreciated.
Thank You,
Wendy Beal
PO Box 624
Central Lake, MI
49622
P.S. Havenwyck is also experimenting with psychotropic drugs. According to Robert, who was deemed by the psychiatrist to not need any medication, a different doctor was assigned to the wing. This doctor placed Robert on Ritalin - then fooled with the dosage - one week on, one week off, etc. Robert also claimed that he messed with all of the kid's meds and had them all messed up. Robert also ended up with 18 cavities while in Havenwyck which I attribute to dry mouth from the Ritalin.
8. Dennis Mikko
Friday
August 21, 2009
Referee may resign amid investigation
BY ART BUKOWSKI The Record Eagle Fri Aug 21, 2009, 07:12 AM EDT
TRAVERSE CITY -- A 13th Circuit Court family division referee is expected to resign today amid an ongoing criminal investigation.
Circuit Judge Tom Power said Dennis Mikko was placed on leave Aug. 14 after he and Family Court Judge David Stowe learned he was the subject of a criminal investigation by the Grand Traverse Sheriff's Department.
Mikko, 53, is expected to submit a letter of resignation today, Power said.
Grand Traverse Prosecutor Alan Schneider wouldn't comment on the nature of the investigation.
"Some activities of Dennis Mikko are being investigated by the sheriff," Schneider said. "When that investigation is completed, information regarding the nature of the investigation will be forthcoming."
Grand Traverse Undersheriff Nathan Alger couldn't be reached for comment Thursday afternoon.
Mikko, one of two referees at the court, conducts hearings for domestic relations cases and juvenile court cases, among other things.
A licensed attorney, Mikko has worked for the county since 1997. His annual salary is $64,000.
Messages left for Mikko at his home and office weren't immediately returned Thursday afternoon.
Record-Eagle Staff Writer Brian McGillivary contributed to this report.
Related Photos
⦁ Mikko
July 14, 2010
Mikko's attorney: Nude models were 18
Former court referee accused of possessing abusive material
TRAVERSE CITY — Nude photos stashed inside a former 13th Circuit Court referee's briefcase portrayed women who were at least 18 years old, his defense attorney said.
Dennis Mikko, 53, is accused of possessing child sexually abusive material, but his attorney filed a series of motions in hopes a judge will dismiss the felony charges. Charlevoix Circuit Court Judge Richard Pajtas is expected to consider the motions today.
"Each of the pictures in question came from legally published magazines that he purchased over the counter from legitimate businesses," said Craig Elhart, Mikko's attorney. "Each of the models shown in the pictures are at least 18 years of age. Pictures of models 18 years of age or older are protected speech under the First Amendment ... even if they appear to be less than 18 years of age."
The adult magazines in question feature disclaimers that state all professional models who posed for photos are at least 18 years old, court records show.
But Grand Traverse County Assistant Prosecutor Noelle Moeggenberg questioned the legitimacy of the adult magazine disclaimers, so she asked Pajtas to deny Elhart's motion.
"Whether or not the images are child sexually abusive material is a question of fact for the jury to decide," Moeggenberg said in a response to Elhart's motion. "Whether or not the image includes or appears to include a child is a question to be determined by the trier of fact and not something that should be determined at this stage."
Mikko faces 10 counts of possessing child sexually abusive material and a count of using a computer to commit a crime. His trial is set to begin next month.
He was arrested in September and charged with five counts of possessing child sexually abusive material. The original charges stem from photos found in a briefcase underneath Mikko's desk at the Robert P. Griffin Hall of Justice.
The photos were stashed in a paper bag labeled "Misc. young girls," authorities said.
Grand Traverse County authorities this year added five additional counts of possessing child sexually abusive material and a count of using a computer to commit a crime after Grand Traverse sheriff's deputies performed a forensic investigation on Mikko's computer.
The investigation revealed Mikko's Yahoo e-mail account and a separate folder on his county-issued laptop computer contained images of young, nude females.
Authorities obtained a warrant to search his home and office in August after a tipster told them Mikko engaged in sexual conversations with a person who identified himself as a 14-year-old male on the website MySpace.
Mikko, from 1997 until his August resignation, handled child custody matters in Grand Traverse, Antrim and Leelanau counties, along with child abuse and juvenile offender cases in Grand Traverse County.
Copyright 2011 Traverse City Record-Eagle. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
⦁ Dennis Mikko
July 15, 2010
Mikko charges dismissed
Prosecutors have 21 days to appeal judge's decision
BY ALEX PIAZZA and ART BUKOWSKI Record-Eagle staff writers The Record Eagle Thu Jul 15, 2010, 07:21 AM EDT
CHARLEVOIX — Former 13th Circuit Court referee Dennis Mikko won't stand trial for explicit images found in his briefcase, e-mail and on his county-issued computer.
Charlevoix Circuit Judge Richard M. Pajtas on Wednesday dismissed a lengthy list of felony charges against Mikko, his attorney said.
"I believe that none of the charges rose to the level that (prosecutors) believed they did," said Mikko's attorney, Craig Elhart. "(Mikko) was ecstatic. He's very pleased that his nearly one year of troubles are done with."
Mikko faced 10 counts of possessing child sexually abusive material and a count of using a computer to commit a crime. His trial was set to begin next month. Prosecutors have 21 days to appeal the judge's decision.
Grand Traverse County Prosecutor Alan Schneider did not return a call for comment.
Mikko was arrested in September and charged with five counts of possessing child sexually abusive material. The original charges stem from photos found in a briefcase underneath Mikko's desk at the Robert P. Griffin Hall of Justice.
The photos were stashed in a paper bag labeled "Misc. young girls," authorities said. He also allegedly had condoms, pornographic materials and a photo collage containing clothed pictures of 10 girls who once were on probation in Grand Traverse County.
Authorities this year added five additional counts of possessing child sexually abusive material and a count of using a computer to commit a crime after Grand Traverse sheriff's deputies performed a forensic investigation on Mikko's computer.
The investigation revealed Mikko's Yahoo e-mail account and a separate folder on his county-issued laptop computer contained images of young, nude females.
Deputies obtained a warrant to search his home and office in August after a tipster told them Mikko engaged in sexual conversations with a person who identified himself as a 14-year-old male on the website MySpace.
"He acknowledged that the activities that he did, although not illegal, might not have been appropriate for his position at the time," Elhart said.
Mikko, from 1997 until his August resignation, handled child custody matters in Grand Traverse, Antrim and Leelanau counties, along with child abuse and juvenile offender cases in Grand Traverse County.
Judge Philip E. Rodgers, Mikko's former boss at 13th Circuit Court, said Mikko won't be back to work there.
"The photographs and materials he had in his possession ... whether or not they rose to the level of a criminal felony, were wholly inappropriate and completely inconsistent" with his duties, Rodgers said. "Whether or not the criminal case is going forward is irrelevant to his resignation."
⦁ Jere Clark
ANTRIM CO. -- An Antrim County foster parent is behind bars, accused of assaulting a young girl over a five year period. Investigators believe there could be more victims.
The Antrim County Sheriff Department arrested Jere Clark, 69, Thursday. Clark is accused of sexually assaulting the girl from an extended period of time from the Summer of 2004 to late December 2009.
The Antrim County Prosecuting Attorney, Charles H. Koop, in conjunction with Erin House, Special Assistant Attorney General (SAAG) for Domestic Violence and Sexual Assault, issued a felony complaint alleging one (1) count of Criminal Sexual Conduct in the First Degree, which carries a penalty of up to Life in prison, and six (6) counts of Criminal Sexual Conduct in the Third Degree, which carries a penalty of 15 years in prison.
The criminal complaint alleges that the improper sexual conduct - which included intercourse - began when the victim was 12 years-old and continued until she was 18 years-old and moved out of her mother's home and away from Clark.
Clark is the former foster father of the victim's adoptive mother. The criminal complaint alleges that Clark used force and coercion to commit the sexual assaults on the victim.
For many years, Clark, as well as the victim's mother, have been involved in providing foster care in their homes for many children in the Bellaire area.
Due to the nature of the allegations and Clark's status as a foster care provider, the prosecutor's office and the Antrim County Sheriff Department are requesting that people who may have any information about the allegations or similar behavior by Clark, please provide the information in a confidential manner by contacting Det. Ed Smith at the Antrim County Sheriff Department at
231-533-6827, extension 3524, or Erin House or Charles Koop at the Prosecuting Attorney's office at
231-533-6860.
SAAG Ms. House is part of a special task force combating domestic violence and criminal sexual conduct assaults in nine northern Michigan counties.
Ms. House is assigned to Antrim, Leelanau and Benzie counties. The task force is in partnership with the Michigan Domestic Violence Prevention and Treatment Board, Attorney General Bill Schuette, and local prosecutors. The special task force was created in January, 2004 to address domestic violence prosecution and was expanded in October, 2009 to include prosecution of criminal sexual assault crimes.
The program funding ends September 30, 2010. Antrim and Leelanau County Prosecuting Attorneys, Charles Koop and Joseph Hubbell, with assistance from the local Women Resource Center, have recently applied for a grant to continue the program after funding through the Michigan Domestic Violence Prevention and Treatment Board ends in September of 2011.
STATEMENT FROM CHUCK KING, FORMER POLICE OFFICER
DAN BEAN 3-4-2011
YOU CAN [SEND] THIS TO CHARLIE KOOP
1- SEX ABUSE BY JERRY CLARK HAS BEEN GOING ON FOR 40 YEARS.
2- I FIRST KNEW ABOUT JERRY CLARK ON SEX ABUSE IN 1971 WHEN RUTHY CLARK CAME DOWN TOWN WHE I WAS THE VILLAGE COP. SHE WAS CRYING – SHE TOLD ME SHE CAUGHT JERRY UP HAVING SEX WITH PATRICIA LAURY WHO WAS A FOSTER CHILD AT THE TIME. SHE SAID SHE HAS TO PUT OUT FOR JERRY EVERY DAY EVEN THROUGH HER PERIOD. I TOLD HER TURN HIM IN, BUT SHE NEVER DID.
3-PATRICIA ALONG WITH JASON CLARK CAUGHT JERRY IN A MOTEL HAVING SEX WITH MIRANDA AND DID NOTHING.
4-NOW AIMEE LOWERY HAS BEEN ABUSED. JERRY CLARK HAS BEEN SEX ABUSING HER SINCE 2004. SHE WAS 12 YEARS OLD AT THE TIME. SHE HAD TO PUT OUT FOR HIM 2 TO 3 TIMES A WEEK IF SHE DIDN'T HE WOULD THREATEN HER. PATTY WHO WAS HER FOSTER MOTHER AT TIME KNEW IT WAS GOING ON BUT DID NOTHING ABOUT IT.
5-MOLLY CLARK KNEPW IT WAS GOING ON THE WHOLE TIME BUT DID NOTHING ABOUT IT
6-JASON CLARK WHO LIVED AT THE CLARK AT ONE TIME HE CALLED ME AND HE WOULD LIKE TO TESTIFY. HIS PHONE NO IS
1-231-879-6029.
CHUCK KING
P.S. THERE IS STILL 2 GIRLS UP AT THE PATTIES
COMPLAINT ON JERRY CLARK 1-26-2010
ERRY CLARK SEX ABUSE WITH AIMEE LOWERY.
JERRY & RUTHY CLARK
5911 SHANTY CREEK RD
BELLAIRE MICH.
533-8339
PATRICIA LOWERY
5999 SHANTY CREEK RD
BELLAIRE MICH.
533-6324
THE JERRY CLARK SEX ABUSE STARTED WITH PATTY LOWERY BACK IN THE 70'S WHEN SHE WAS A FOSTER DAUGHTER AT THE CLARKS. RUTHY CAUGHT HIM UP IN THE BARN HAVING SEX WITH PATTY. SHE CAME DOWN TOWN TO BELLAIRE WHERE I WAS A POLICE OFFICER AND TOLD ME ABOUT IT SHE SAID CHUCK I HAVE TO PUT OUT FOR HIM EVERY DAY EVER DURING MY PERIOD I TOLD HER TO TURN HIM IN, SHE NEVER DID. JERRY SEX ABUSE HAS BEEN GOIN ON FOR OVER 35 YEARS. RUTHY KNOWS IT IS GOING ON AND STILL DOES NOTHING. PATTY LOWERY HAS NEVER TURNED HIIM IN.
THE LATEST GIRL TO BE SEX ABUSE BY JERRY CLARK IS AIMEE LOWERY THE ADOPTED DAUGHTER OF PATTY LOWERY. THIS HAS BEN GOING ON FOR 5 YEARS. SHE HAS MOVE OUT OF THE HOUSE AND SHE WANT TO FILE A COMPLAINT AGAINST JERRY CLARK FOR SEX ABUSE. SHE IS THE 3RD GIRL TO COMPLAIN ABOUT JERRY CLARK FOR SEX ABUSE. I WILL BRING AIMEE IN TO FILE A COMPLAINT AGAINST HIM.
CHUCK KING
DAN
SET US UP A TIME WHEN WE CAN COM IN AND FILE A COMPLAINT ON JERRY. HE NEED TO BE STOP. I'M NOT OUT TO PUT HIM IN PRISON HE COULD BE PUT IN THE COUNTY JAIL AND GIVEN PROBATION.
MEE LOWERY WAS PUT IN PATTY HOME AS A FOSTER CHILD DEC. 8 2001 SHE WAS 9 YEAR OLD. THE FIRST TIME JERRY HAD HER DO A SEX ACT WAS THE SUMMER 2004 SHE WAS 12 YEARS OLD SHE HAD TO PERFORM SEX 2 TO 3 TIMES A WEEK THIS WENT ON THRU 2009.
(Handwritten comment) DAN I'M STILL WAITING FOR A CALL FROM YOU SO AIMME & ME CAN COME IN TO FILE A SEX ABUSE COMPLAINT AGAINST JERRY CLARK. CHUCK KING 1-27-2010
⦁ Senator Nancy Schaeffer Murdered
November 21, 2010
Nancy Shaefer, an outspoken child advocate, was brutally murdered in March. To shrug this off is to accept an evil tyranny.
"The family is the natural foundation for marriage and home relationships. The family deserves and should always be protected by the state, the culture and by society." The late Sen. Nancy Schaefer
by Richard Evans
In 2004, Georgia State Senator Nancy Schaefer found evidence of deep corruption within the Federal 'child protective services' system which handles children designated as 'wards of the State'. In 2007, she published her findings which, she said later, "cost me my Senate seat." It may also have cost her life.
During the night of March 26th 2010, Nancy was shot execution style in the back of the head in her bed. Her husband of 54-years, Bruce Schaefer was shot point-blank in the heart. The Georgia and national media whores wrote it off as 'murder suicide'.
As they always are in Masonic murder cases, illogical explanations were printed up. The murder was described as a "murder-suicide."
The Schaefers had dozens of personal friends, five grown children and many grandchildren they won't see grow up. Nancy Schafer at 73 was in robust health and would have surely lived another 15 or 20 years.
The purpose of this article is to ensure more people know learn about her findings. Child Protective Services uses the phase "in the best interest of the children" to excuse removal of children from poor families for profit.
From Senator Schaefer's own report,
"The Adoption and the Safe Families Act, set in motion by President Bill Clinton, offers cash "bonuses" to the states for every child they adopted out [to] foster care. In order to receive the "adoption incentive bonuses" local child protective services need more children. They must have merchandise (children) that sell and you must have plenty of them so the buyer can choose. Some counties are known to give a $4,000 [payment for] each child not returned to their family".
That's incentive to CPS workers to extract children and block all family members who might qualify for guardianship. The Clinton act also pays bonuses if the child has traits that are in greater demand - such as blond hair and blue eyes. That's a fact. To get this money the CPS worker has to 'close the sale' with an adoption to an unrelated 3rd party. It doesn't matter who that party is, as long as they're not related to the child.
Well qualified grandparents are routinely denied custody because the Fed doesn't pay CPS for that.
On top of this, the Civil Rights Act, 42 USC 1983, (also referred to as "section 1983") give judges "sovereign judicial" IMMUNITY from redress or prosecution for consequences of their decisions. During the 90's, lawyers were given immunity, and social workers are immune from prosecution for PERJURY. In a nutshell the State has been unaccountable to the people of America since 1983, and most don't even know that.
DEMAND FOR CHILDREN
Why are these children in such demand? She believed it is partly for sexual exploitation. She attributed the conspicuous abundance of molesters in foster care to the way the system is constructed. It offered no incentive for CPS workers to scrutinize their foster jailers. Their attention is on demonizing the parent so it's not to their advantage to expose molesters who are part of the CPS racket.
Naturally I looked for anything to tie her investigation to discovery that the Federal government is running procurement for the international pedophile traffic network. Unfortunately in the highly compartmentalized Masonic system, direct procurement for the pedophile/snuff network ala Omaha Franklin case isn't the role of CPS and Family court. Of course we know CPS and family court are a link in that chain. The abduction for that network is outside the judicial and social 'welfare' system.. CPS and court is the first link in that chain for it's the court that dislocates children from family.
She said CPS "has become a protected empire built on taking children and separating families". Schaefer called it "legal kidnapping," from natural parents and blood relatives while conspicuously ignoring abuse in foster houses."
From her 2007 report,
- "Poor parents often times are targeted to lose their children because they do not have the where-with-all to hire lawyers and fight the system".
- "Parents are victimized by "the system" that makes a profit for holding children longer and "bonuses" for not returning children".
- "Caseworkers and social workers are oftentimes guilty of fraud. They withhold evidence. They fabricate evidence and they seek to terminate parental rights. However, when charges are made against them, the charges are ignored".
- "Separation of families has become a business due to Federal incentives".
This isn't conspiracy theory. High incidence of abuse on the foster circuit and damage effects on the children it's 'served' was always well known. Better yet just ask any adult who was put through the experience as a child or teenager themselves.
HOW IT WORKS
Foster parents make a living from monthly support payments per child they house. The more they house the more they make. The incentive is to cram as many as they can in, and spend as little on their care as possible. While there are couples that do genuinely want to provide good care for homeless children, that's not the norm.
There is no Federal incentive for closing abusive or criminal homes. Professional (criminal) sex trade rings flourish under such circumstances.
Nancy Schaefer's preliminary investigation included visiting 37 families of children taken away by Georgia Department of Family and Children Services. She found a disturbing pattern of competent family members fully qualified and willing to care for the children who were not merely overlooked by caseworkers and judges - many had injunctions and threats against them to visit or even know the whereabouts of their grandchildren, or nieces and nephews.
"I had witnessed the "Gestapo" at work and I witnessed the deceitful conditions under which children were taken in the middle of the night, out of hospitals, off of school buses, and out of homes. In one county a private drug testing business was operating within the DFCS department that required many, many drug tests from parents and individuals for profit. In another county children were not removed when they were enduring the worst possible abuse."
In the course of that investigation, the Child Services workers involved seemed to be reprimanded or fired. Checking later Schaefer found that as soon as DFCS thought the coast was clear the perps were back on the job breaking up families and trafficking new children.
Schaefer investigated 300 more cases and decided to publicize her findings not only to her constituents in Georgia, but to the world. She published "THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES" which you should download and distribute from the link below. And she was a speaker at the World Congress of Families in Amsterdam, the Netherlands, August 2009, (see below.)
Another state's power establishment might have handled a loose cannon like Schaefer with more postmodern finesse. But Georgia is old money old school masonry like Louisiana. They think of double murder as an object lesson for Schraefer's associates, attorneys, DFCS informers and everybody else in the fight against the State sanctioned slave trade.
The mainstream media are in concert on her. The official 'murder suicide' story is deliberately transparent. You're not expected to believe it, it's meant to intimidate us into forgetting what she exposed. You will find no Wikipedia entry at all for Nancy Schaefer.
Nancy Schaefer and her husband were murdered last March for drawing attention to a criminal child trade enterprise operating under the aegis of the Federal government.
LINKS
==============================
===========================================
So please distribute Senator Shaefers' report. She gave her life to stop these criminals.
Nancy Schaefer "The Unlimited Power of Child Protective Services" Part 1 of 2
"The Unlimited Power of Child Protective Services" Part 2 of 2
" THE CORRUPT BUSINESS OF CHILD PROTECTIVE SERVICES."
Hear attorneys who have been disbarred for filing charges of racketeering against their state CPS bureaucracies or for reporting case fixing in local Family or Juvenile courts.
There are 'ex parte' hearings which means a judge can all in one side in a case whether it be CPS caseworkers and fosters and the parent or parents aren't even notified.
Additional CPS exposure links
=========================================================================
Innocence Destroyed - Part 2 - WARNING: Graphic Content
Kansas children are raped in facilities and foster car e and the State and County wants to claim they are the protectors. Lawsuits are piling up against Social Workers, Judge, County Attorney ETC
CPS aka Child Protective Services - The 'Predators'
CPS aka Child Protective Services claims to protect children from child abuse. In reality, they are guilty of far more child abuse than they prevent. CPS traumatizes children and families by brutally tearing them apart, and torturing them, often for years on end (e.g., pretending that there will be a reunification if only the parents do as they're told). Many aid and abet CPS in their crimes against children, families and humanity: cops, forensic "experts" such as Dr. Charles Smith, judges, anonymous child abuse reporters, and so on. These false protectors, together with CPS, are part of a billion dollar child abuse industry that is destroying humanity.
Recent methods in covert ritual child sacrifice - 're-birthing "therapy"
10 year old girl pleaded for air while 4 female therapists (the-rapists) lay on top of her till she asphyxiated to death during 're-birthing therapy'
Grandparents file suit in wrongful death of 6 year old boy suffocated by foster 'child collector'.
--------
Note the following website irregularities and Schaefer's own online archives are gone.
Nancy Schaefer was a major contributor to Phyllis Schaffley's Eagle Forum organization and website. Sen. Schafer also founded Eagle Forum of Georgia and website.
--------
Comments for "CPS: Child Protectors or Pimps? "
Robert said (November 22, 2010):
Henry:Excellent article on the CPS.For a compleat understanding of how they are empowered,may I suggest your listeners listen to the free audio archives of George Gordon.His site is (
www.georgegordon.org).Proceed to the 6-2006 audio file.You can type 2006 in the search and it will take you there.Look for marriage.This is key to understanding the CPS.Shalom.
Christian said (November 22, 2010):
In October 2009 my mother was in Amsterdam at the World Congress of Families conference and was a co-speaker at the event alongside Nancy Schaefer. She knew Mrs. Schaefer somewhat well as they were leaders in the same battle but in different countries and would often cross each other's paths.
I asked my mother if she knew who Nancy Schaefer was, to which she said that she did. When I told her of the circumstances of her death my mother was shocked and saddened by the news. My mother called people that she knew that knew Mrs. Shaefer very well and asked about the circumstances and if there was any possibility that her murder was a result of her stance against the corruption in the child protection services system in the States. These people that knew her very well told my mother that, indeed, her murder by her husband was due to their family financial problems and nothing to do with her activism.
Of course this is a "he told me that she said that she said" kind of information I'm passing along to you but the kind of people my mother associate with are straight up decent people that in the face of this kind tragedy understand and know it to be a murder suicide due to financial problems.
--
Thanks Christian,
I'd like to see some proof of these financial problems before I accept this.
henry
P said (November 21, 2010):
This was really disturbing to read. I don't even want to think about what they're doing to these children when they take them from their families. But it is truly an epidemic in Europe, where children are being removed from their family homes simply because their parents refuse to feed them junk food:
http://www.naturalnews.com/028534_junk_food_social_workers.html
Absolutely frightening to think about how much control the globalists want to exercise over private households.
-
I forgot to include this video link in my reply about the child-snatching article. But it's very alarming and the people who are featured in it reveal some spine-chilling details about the child-snatching that's taking place in Europe, by their own government (it's not this bad in the U.S.--yet):
http://www.youtube.com/watch?v=21b-vagWcGc
Henry Makow is the author of A Long Way to go for a Date. He received his Ph.D. in English Literature from the University of Toronto. He welcomes your feedback and ideas at
henry@savethemales.ca
Oddities in the Nancy Schaefer “Suicide” Case
Garland Favorito
Infowars.com
March 30, 2010
On Friday, former Senator Nancy Schaefer and her husband were found dead in their home in Habersham County. Even before a GBI investigation could be initiated, media outlets began pronouncing that their death was a “murder-suicide” and shut off most public comment posting on their web sites. The “murder suicide” theory implies that Sen. Schaefer’s husband shot her and then killed himself (or vice versa). Both Habersham County and the Georgia Bureau of Investigation began investigating the case as a “murder suicide” rather than the more obvious “murder made to look like suicide”. Like so many people, I have known former Sen. Nancy Schaefer for 15 years and spoken to several people who know her better than I do. They believe that the “murder suicide” theory is highly unlikely for any one of the following reasons:
1. It is totally against Nancy Schaefer’s consistently strong commitment to the sanctity of life principles that she has fought so valiantly to uphold;
2. Nancy and her husband, Bruce, have five children and more than a dozen grandchildren who they would not choose to leave behind so abruptly;
3. Bruce’s problem with cancer was corrected and under control so there was no reason to end his life as one senator tried to imply;
4. Nancy or Bruce would not likely agree to commit such an act that violates the fundamental principles of their Christian faith;
5. Bruce was retired and the couple did not appear to be in any type of dire financial crisis that would lead them to commit such acts;
6. Bruce and Nancy knew that her sister who had Alzheimer’s disease needed her to help take care of her;
7. Friends who knew the couple best state that Bruce would simply not have the capability to kill his wife;
8. Nancy was dedicated, as a national leader, to help needy people overcome abuse within Child Protective Services organizations;
9. Nancy was actively exposing corruption within the Department of Family & Child Services (DFCS) including actions by the DFCS director in the county where she lived.
10. Nancy knew that she was needed in the fight against child sex slave trafficking in Atlanta which has one of the highest activity rates in the country;
11. Bruce was highly supportive of Nancy’s work for decades and would have little or no reason to suddenly try to kill her at such a critical juncture in her career.
Specifically in Georgia, former Senator Nancy Schaefer had found during the last few years that:
- in Georgia housed children in a foster home with a known pedophile who molested the children.
- in Habersham County failed to remove six children from a home where they are being abused and tortured.
- in Georgia turned two girls over to a California father who had a pornographic video business.
A report that Nancy Schaefer produced on these remarkable cases can be found here:
Nancy Schaefer was also interviewed extensively by talk show host Alex Jones about corruption in Child Protection Services nationally. A multi-part series of her interview and an Eagle Forum presentation can be found on You Tube here:
In addition, Senator Schaefer led opposition to HB582 and SB304, two bills introduced by fellow Republicans that would have likely resulted in increasing child sex slave trafficking. These bills would have made it legal for teenagers to participate in certain illicit acts. The bills effectively removed the legal authority that police now have to pick teenagers up and get them into protective custody so that they can no longer be pimped for those acts.
As President of Georgia Eagle Forum, Nancy Schaefer planned to be in Alabama this weekend for an Eagle Forum convention. Instead she chose to stay in Georgia to develop new information that would have further exposed corruption in DFCS and beyond. Many Eagle forum members who were close to Sen. Schaefer were aware of her courageous efforts. None of them believe that either she or her husband was involved in any type of suicide.
It is particularly ironic that the Atlanta Journal Constitution (AJC) chose to quote State Sen. Don Thomas in their March 26 article about Sen. Schaefer’s death. The AJC portrayed him as a friend of the couple even though he lives on the other side of the state from the Schaefer family and was diametrically opposed to many of their core beliefs. Sen. Thomas, the Chairman of the Health and Human Services Committee, immediately propagated and expanded the “murder-suicide” theory without any first-hand knowledge or evidence. That is very disturbing considering it is his committee that should have been helping to clean up the corruption at DFCS. Activists supporting Sen. Schaefer explained that he constantly advocated increased power and authority for DFCS in spite of the evidence showing the organization was misusing that authority.
With Nancy Schaefer no longer on the scene the question may be raised as to how best to continue her legacy. I believe that she would want conservatives, progressives, libertarians, constitutionalists as well as grass roots Democrats and Republicans throughout Georgia to unite and work to rectify the corruption in DFCS and eliminate child sex slave trafficking in Georgia.
⦁
July 15, 2010
Mikko charges dismissed
Prosecutors have 21 days to appeal judge's decision
BY ALEX PIAZZA and ART BUKOWSKI Record-Eagle staff writers The Record Eagle Thu Jul 15, 2010, 07:21 AM EDT
CHARLEVOIX — Former 13th Circuit Court referee Dennis Mikko won't stand trial for explicit images found in his briefcase, e-mail and on his county-issued computer.
Charlevoix Circuit Judge Richard M. Pajtas on Wednesday dismissed a lengthy list of felony charges against Mikko, his attorney said.
"I believe that none of the charges rose to the level that (prosecutors) believed they did," said Mikko's attorney, Craig Elhart. "(Mikko) was ecstatic. He's very pleased that his nearly one year of troubles are done with."
Mikko faced 10 counts of possessing child sexually abusive material and a count of using a computer to commit a crime. His trial was set to begin next month. Prosecutors have 21 days to appeal the judge's decision.
Grand Traverse County Prosecutor Alan Schneider did not return a call for comment.
Mikko was arrested in September and charged with five counts of possessing child sexually abusive material. The original charges stem from photos found in a briefcase underneath Mikko's desk at the Robert P. Griffin Hall of Justice.
The photos were stashed in a paper bag labeled "Misc. young girls," authorities said. He also allegedly had condoms, pornographic materials and a photo collage containing clothed pictures of 10 girls who once were on probation in Grand Traverse County.
Authorities this year added five additional counts of possessing child sexually abusive material and a count of using a computer to commit a crime after Grand Traverse sheriff's deputies performed a forensic investigation on Mikko's computer.
The investigation revealed Mikko's Yahoo e-mail account and a separate folder on his county-issued laptop computer contained images of young, nude females.
Deputies obtained a warrant to search his home and office in August after a tipster told them Mikko engaged in sexual conversations with a person who identified himself as a 14-year-old male on the website MySpace.
"He acknowledged that the activities that he did, although not illegal, might not have been appropriate for his position at the time," Elhart said.
Mikko, from 1997 until his August resignation, handled child custody matters in Grand Traverse, Antrim and Leelanau counties, along with child abuse and juvenile offender cases in Grand Traverse County.
Judge Philip E. Rodgers, Mikko's former boss at 13th Circuit Court, said Mikko won't be back to work there.
"The photographs and materials he had in his possession ... whether or not they rose to the level of a criminal felony, were wholly inappropriate and completely inconsistent" with his duties, Rodgers said. "Whether or not the criminal case is going forward is irrelevant to his resignation."
Former Senator Nancy Schaefer murder-suicide or third party murder?, page 1
ATS Members have flagged this thread 24 times
Topic started on 30-3-2010 @ 02:30 AM by rexusdiablos
Former Senator Nancy Schaefer and her husband Bruce have died from a single shot wound each. The deaths are being handled as 'murder-suicide'. Apparently the husband shot her in the back and then himself in the chest.
www.11alive.com...
After listening to the first part of Alex Jones radio show (today's) he implies that the death was framed and most likely due to sensitive information Schaefer announced she was going to impart on Jones on air.
Thoughts?
Please note question mark in topic denoting a question and not a statement.
reply posted on 30-3-2010 @ 02:37 AM by rexusdiablos
Update:
- For those not familiar, the Senator was exposing government controlled child kidnapping rings.
- Daughter has gone on record to clarify that her father DID NOT have cancer. The MSM has suggested that finances and/or cancer were of pertinence to the murder-suicide.
reply posted on 30-3-2010 @ 03:34 AM by MaxBlack
It is tragic when someone dies, but when someone dies because of what they were about to reveal tells me that Nancy Schaefer knew something startling and serious which she was about to reveal on talk radio. "They" had to figure on her husband knowing all about it, thus he had to go as well. If anyone else, publishing or personal friends or associates know, then they are also in danger.
She was perhaps about to speak on the second most profitable criminal activity of the criminal federal government, second only to drug running and that is government sanctioned and protected child kidnapping operations that bring in billions in corrupt blood tainted dollars to those co-conspirators that pimp their services to a group of connected criminal pedophiles and hardcore Satanist and those that worship their dark lord Lucifer.
While the subject matter she postulated stemmed from abuse of children in CPS being sold to the highest bidder for many criminal actions and that bonuses existed for a certain sex, age, color of hair and eyes even certain blood types. While at first she and others were appalled to find that children in CPS custody were being sold into sex slave rings, pornographic circles, and even possibly to human organ harvesting types, but it was a darker and a more sinister secret that I am certain got her killed. While my speculation runs wild, I just know that I am probably more correct than not.
That darker sinister secret is the fact that many of the special order bonus children are sold and used by those that will torture and then will murder the child in some ritualistic blood sacrifice important to the true Satanist and those of the Cult of Lucifer. These specially chosen children pay a thousand times better than others because they get disposed of by those that are doing the ritual killing of innocent children.
While she had already historically revealed much of what was going on at the CPS level, she was bright enough to know how to find out just high the corruption went. I am certain she had already realized that there is a lot of greed and money in pedophilia, sex rings, the porn industry, snuff movies, human organ harvesting and Satanic ritual murder are all right up there with capital murder and the electric chair for anyone associated with these special criminals that hide behind National Security.
In that regard, the brotherhood of those demons that share and profit from the same crime, all have a reason to murder Nancy Schaefer and her husband for what she was about to reveal publicly. I am certain that by revealing just how high the corruption goes and who those elitist are at the upper echelons is exactly why she is now dead and we are left wondering who else knew what she knew that was new. Perhaps some staff member knows.
Lastly I would add that it is sad when those that know the truth are hunted down and murdered to hide dark secrets. I would be lying if I said that even this double murder does not surprise me because when it comes to dealing with demon vermin from hell that are inside the gates of Washington's highest circles you just always know they will show publicly just who mattered enough to send a death demon knocking on their front door with a suicide note just for her and her husband.
Thanks for the posting.
reply posted on 30-3-2010 @ 03:36 AM by boondock-saint
OMG !!!!
OMG !!!!!
Holy Crap, this sounds just like a CIA hit !!!!!
This very same scenario was in the Jason Bourne series
reply posted on 30-3-2010 @ 05:10 AM by LostNemesis
I dunno about "child sacrifice" and snuff porn victims, but.....
I hope that this gets more attention. I don't expect we will find out the truth, though, honestly.
I wish she could have been a meaningful whistleblower.
Any chance AJ is sensationalizing the whole thing for his own gain? Can't trust that dirty rat....
EDIT: Typo.
[edit on 30-3-2010 by LostNemesis]
reply posted on 30-3-2010 @ 07:02 AM by rexusdiablos
reply to post by MaxBlack
Thanks for your insight and for fleshing this out. It would be earth-shattering to find out that this is truly how deep the rabbit hole goes.
reply to post by boondock-saint
Really? I didn't the books but which one and what character?
reply to post by LostNemesis
I follow infowars daily all taken with a pinch of salt. I'm open to the fact that is sensationalized to suit Jones' personal agenda. Nonetheless, something is up and I suspect their exists a grain of truth to all this.
reply posted on 30-3-2010 @ 07:05 AM by rexusdiablos
A speech given by Nancy Schaefer on Child Protection Services:
YouTube Link
reply posted on 30-3-2010 @ 07:26 AM by Copperflower
Thanks for bringing this to the attention of the large ATS audience.
This is just the tip of the iceberg, most likely. There have been reports before by whistleblowers who ended up dead, even one investigative reporter and his son, who were killed when their small plane suddenly exploded and crashed, killing both on the way to a social event.
Search "Boystown, child abuse, Boystown coverup" and see what YOU find.
It makes this look more like a pair of murders than anyone would like to believe.
I hate child abusers. Hate them, hate them, hate them. As a lover of God and humanity, I think it's my duty, and I certainly will reserve any sympathy or understanding I possess for the victims, their mothers, fathers, and siblings.
Also, their future mates, who will have to deal with the twisted fallout from the abuse, torture, and perverted minds of these criminals.
Meanwhile, parents who even spank their kids are targeted and even charged for it by (who else?) child protective services.
A report released a couple of years ago identified DHR (child protective services) in our state as the single largest recipient of state funding, even as the agency cut 5500 state-funded daycare slots, which provide care for people who work and receive welfare or food stamps, in short, people who are honorably trying to do right by themselves, their kids, and their country.
Where's the accountability?
Please let me encourage anyone who is involved with one of these agencies and getting a raw deal to report them to the State-level head of their agencies. Each human resources agency has an office in the state capital and can be reported and investigated for abuses, incompetence, and simply lying to their "clients" while keeping their children in foster care or group homes, then making money off this through "counseling" or "family services" groups contracted to transport kids to visits, doctor appointments, etc. Everyone gets paid except the parent and the child.
It's a huge industry, and the abuse/kidnapping/trafficking angle seems to offer a motive, besides money alone, for these agencies to come up with charges to take people's children and then "hold" them like hostages, farming money out of the family's misfortunes.
In our state, a huge investigation made heads roll, and now that particular agency is under the microscope like never before. Things have definitely cooled off down there, and now every client, (food stamps or whatever) is given a huge questionnaire indicating the kind of service and respect given by each person involved in each case. This keeps the workers on their toes, a good first step.
reply posted on 30-3-2010 @ 04:17 PM by rexusdiablos
reply to post by Copperflower
Thanks for all the information Copperflower. The truth, in this case, is stranger than fiction and theory.
They've come for the microbiologists, militia members, children and soon, the collective online conspiracy theory community.
I always thought that the NWO would be ushered in with a bang like a false flag attack, revolt or bio-warfare. Instead it's unfolding gradually before our eyes, gradually enough for just not to notice.
Here's a PDF document written by Nancy in 2007 regrading the protective services:
fightcps.com...
[edit on 30-3-2010 by rexusdiablos]
reply posted on 30-3-2010 @ 08:45 PM by Insider11
reply to post by MaxBlack
MaxBlack,
Today I came across some information the Sen. Schaefer had just completed a documentary about the corruption of the CPS. When I say just completed I mean 5 days before her and her husband were killed! Do you have any knowledge of this documentary and if so could it of possibly revealed just how high up this scandal truly goes. Not just within the United States but even throughout the world? Did the people she was going reveal get wind of it and decide that she had to be stopped?
--Another note is that Sen. Schaefer had just returned from Washington D.C. the day before (thursday) and her husband returned home friday (the day of). According to the Habersham County Police Department Sen. Schaefer was shot in the back early friday, possibly while she was sleeping. Put the two together but I would imagine that Mr. Schaefer had at least a 3 hour drive home. Could he have really returned home that early? Well the police also stated that Mr. Schaefer died around 5-5:30. What if someone came in early friday, shot Sen. Schaefer while she was still asleep then waited until her husband returned, forced him to write a suicide note and numerous notes to family members? The Police also stated that he shot himself in the chest. I find that odd considering the majority of suicides involve fatal shots to the head.
--Lastly the police also stated that both were shot just once. I'm not expert but I would say that a single fatal shot to the back as well as to the chest would require a precision shot possibly by a professional marksman and not a 74 year old man.
You Decide!
reply posted on 30-3-2010 @ 09:15 PM by calstorm
Please I beg every one to flag this. It is important the truth get out. Her death is a huge personal loss to myself. She was a wonderful asset to all of us who are constantly trying to expose the horrors of CPS. She was a wonderful woman who did so much for our cause.
Rest in Peace Nancy, we love you.
reply posted on 30-3-2010 @ 09:26 PM by magnetix
Assassinated for information. Disgusting.
Such a beautiful world we live in, too bad it's run by the power-hungry elite who want everyone to suffer except themselves and their friends.
reply posted on 31-3-2010 @ 01:05 AM by Copperflower
Please support people who are being persecuted by these people unjustly. Good parents will become better if they stay in and fight, but they need support.
It is a special agony to have to cooperate with someone who is holding your child hostage, and calling YOU the enemy.
Meanwhile, who knows what happens while they have custody of other people's kids?
I don't believe in much, and that's a fact, but this kind of thing makes me believe more in lower-level conspiracies. I don't believe humanity is organized or cooperative enough to actively, intelligently conspire to do this, but I certainly can believe that it is, like so much else, a conspiracy of lowest-common-denominator workers who stay while better social workers flee on principle from state agencies, coupled with an appalling number of needy people and sheer hardheartedness.
Once the ball gets rolling with your child, who knows where it will end?
I had trouble personally with our agency over a simple accident, and let me tell you, that was nearly 10 years ago, my son and I still have separation anxiety, and my relationship with my daughter was completely ruined (ex capitalizing on my entanglement with these "officials").
My son and I are closer than ever, he's above average in every way, and a brilliant artist and talented chef. He's being trained to take over a restaurant, even as young as he is. A special person, like many other wonderful young people, who didn't get that way through abuse, neglect, or anything like that.
Perfect parent? That's a laugh. I couldn't protect him from child protective services, but cooperated fully, an innocent fool. That's the past...but some things have not recovered, like my daughter/his sister. He lost her, we both did, and now she will probably have dark doubts about me forever. I hope not. She's still my girl, and just like me in ways I am glad about, so things will balance out.
At least my child came home. So many don't. Please support people who are suffering unjustly this way, offer to testify in court, and be willing to get involved in their terrible pain. It may be your turn sooner than you would like to think, since more and more people get turned in for abusing their kids when the reporter has other motivations, like revenge or harassment.
Those cases can be disproven, usually, but they don't leave one's record, so this is a bullseye on the back of anyone with a child. Be careful who you let into your life, and trust your closest friends. The support they give, mentally, tangibly, every other kind, keeps parents strong and functioning.
Reach out, and you may help someone else stay or get on track while they still can. This battle is won by smiling at young moms, getting the door for a little kid or pregnant lady, nodding respectfully at a family man, and for God's sake just giving a flip about other humans.
Learn to love, while you still can. I am begging each and every one of you. Hold on and try harder while your family is still together, or still free from foster care, jail, and the grave.
Forgive God, even though He never did any wrong thing. Pray for your people and mine and everyone's needs as much as our own. Please.
If it keeps your child believing in you, it's worth it.
If your faith helps you hold it together even one more minute, that minute will be the decisive minute in your life, and will keep you when you would have surely been destroyed.
Personally, these agencies are destructors of families and of common sense and the welfare of kids period, except when they literally save someone's life.
reply posted on 31-3-2010 @ 02:09 AM by ripcontrol
reply to post by rexusdiablos
Good post I recognize the good senator. It is from fight cps .com..
They offed her.... Please do find the material you mentioned...
Due to T&C I cant post my true feelings
Any way Seymore, exit music
YouTube Link
Seymore that is not music...
****let me try again******
YouTube Link
Seymore they will think I mean it for them...
****ok let me try again******
YouTube Link
reply posted on 31-3-2010 @ 06:39 PM by calstorm
Not one to bump a thread normally, even my own, but this needs a lot more attention.
reply posted on 31-3-2010 @ 08:48 PM by ukWolf
I have to admit that this is a subject that I normally do not follow very deeply, but on reading the posts in this thread it reminded me of some headlines that I had recently seen on UK specific websites that very much relates or ties into this story, i hope those that follow this subject matter find the following of interest;
Revealed: British Premier Gordon Brown Is A Paedophile
By Mike James in Germany – 28 February 2010
www.thetruthseeker.co.uk...
'Blair covering up paedophile scandal?'
www.tpuc.org...
Labour figures' bizarre link to paedophile groups
Immediate 22.00hrs Wednesday 20th June 2007
www.christianvoice.org.uk...
Hope they are of help to those that follow subject
edit to correct incorrect link
[edit on 31-3-2010 by ukWolf]
reply posted on 31-3-2010 @ 09:18 PM by mikelee
Suicide gunshots to the chest are rare but not unheard of. Bares looking into for sure. S & F for bringing this out, I kinda pride myself on keeping up with politico stuff but this one....Went right by my radar!
Something about this just seems wrong here. MSM plants a reason then Daughter has to go on the record to clear it up. Nancy was going to divulge some type of information and all of a sudden she and her husband are dead.
[edit on 3/31/2010 by mikelee]
reply posted on 31-3-2010 @ 09:29 PM by mikelee
(WSB Radio/AP) Investigators with the GBI and the Habersham County Sheriff's Department can't find any evidence that the husband of former State Senator Nancy Schaefer was suffering from a terminal illness when he shot her in the back and then killed himself in their Clarksville home.
Habersham County Sheriff Joel Terrell told the Atlanta Journal-Constitution "talking with the family, talking with the daughter who saw them about every other day, they didn't know anything about it (an illness)."
Bruce Schaefer, 74, shot Nancy Schaefer, 73, once in the back while she slept and then shot himself in the head. Investigators believe the murder-suicide occurred sometime Thursday night or Friday morning.
source WSB News
So, they were in bed and he all of a sudden turns and shoots her then offs himself with a shot to the head. Or was it the chest?
I wonder if their house was ransacked or even if the Investigators had the presence of mind to look into that at all? If I walked into that scene and saw both in bed with the wounds where it states they were, I'd be a little concerned that it wasn't right.
Nancy Schaefer, the former State Senator was killed with her husband on Friday. According to GBI (Georgia Bureau of Investigation) official, both of them were shot to death when they were at their home.
Globe News
Inkling of the truth or cautious tale being spun?
[edit on 3/31/2010 by mikelee]
reply posted on 31-3-2010 @ 09:34 PM by mikelee
Her Facebook page is here. Lots of interesting info too!!
They believe that the “murder suicide” theory is highly unlikely for any one of the following reasons:
1. It is totally against Nancy Schaefer’s consistently strong commitment to the sanctity of life principles that she has fought so valiantly to uphold;
2. Nancy and her husband, Bruce, have five children and more than a dozen grandchildren who they would not choose to leave behind so abruptly;
3. Bruce’s problem with cancer was corrected and under control so there was no reason to end his life as one senator tried to imply;
4. Nancy or Bruce would not likely agree to commit such an act that violates the fundamental principles of their Christian faith;
5. Bruce was retired and the couple did not appear to be in any type of dire financial crisis that would lead them to commit such acts;
6. Bruce and Nancy knew that her sister who had Alzheimer’s disease needed her to help take care of her;
7. Friends who knew the couple best state that Bruce would simply not have the capability to kill his wife;
8. Nancy was dedicated, as a national leader, to help needy people overcome abuse within Child Protective Services organizations;
9. Nancy was actively exposing corruption within the Department of Family & Child Services (DFCS) including actions by the DFCS director in the county where she lived.
10. Nancy knew that she was needed in the fight against child sex slave trafficking in Atlanta which has one of the highest activity rates in the country;
11. Bruce was highly supportive of Nancy’s work for decades and would have little or no reason to suddenly try to kill her at such a critical juncture in her career.
source: infowars
[edit on 3/31/2010 by mikelee]
[edit on 3/31/2010 by mikelee]
reply posted on 31-3-2010 @ 09:55 PM by calstorm
So we have one article that says he was shot in the head, another that say's shot in the chest, hmmm....
Lets just keep the people so confused on the facts that know one will go looking for the actual killer.
I quote the following from the Atlanta Journal Constitution:
"Conservative political activist and former state Sen. Nancy Schaefer and her husband Bruce have died of an apparent murder-suicide. Few details were available Saturday, the day after the couple's bodies were found. It could be weeks before autopsy results are available, Habersham county Coroner Kasey McEntire told the AJC Saturday....
...GBI spokesman John Bankhead told the AJC there will be a thorough investigation into what happened. He could not say who might have been the shooter. Six GBI agents and two crime scene technicians were at the scene of the Schaefer home in Habersham County Friday night.
Sen. Don Thomas, a physician and who said he knew the couple well, said he believed Bruce Schaefer, 74, had cancer.
“In those moments, you are not at your complete sanity," said Thomas, of Dalton. "Some people figure the best way is to end it for both of you. They were married for so long. Loved each other so much. When you see somebody that you love so much, every now and then, you think the best way out of it is to go and be with the Lord. ”
Schaefer, a former Atlanta mayoral candidate and two-term senator, was beaten by Habersham County Commission Chairman Jim Butterworth in a north Georgia Republican runoff in 2008....
Neill Herring, a veteran environmental lobbyist, said Schaefer came to symbolize "a period in Georgia history where the Christian right was really in the ascendancy. I almost feel like her defeat in the last election was a sign that that power had began to wane."
Schaefer and her husband were the parents of five children and moved to Habersham County in North Georgia after living in Atlanta for 35 years. The daughter of a North Georgia Superior Court Judge and granddaughter of a state legislator, Schaefer, 73, entered the public eye in 1985 when she organized a Constitutional Liberties Rally in Atlanta.
The following year, she founded Schaefer Family Concerns, Inc., a nonprofit foundation dedicated to issues such as display of the Ten Commandments in public buildings and opposition to abortion.
She was the Republican nominee for Lt. Governor in 1994. In 1998, she sought the GOP nomination for governor.
According to her state senate biography, she was an eight year Trustee of the National Ethics and Religions Liberty Commission of the Southern Baptist Convention (SBC). She represented Family Concerns and the SBC at the United Nations Fourth World Conference on Women in Beijing in 1995, the U.N. Conference on Human Settlements in Istanbul, the U.N. Conference on Food in Rome, Italy and the U.N. follow up Conference to Beijing in New York.
She is a former First Vice President of the Georgia Baptist Convention, a frequent speaker to churches of all denominations, a speaker to civic and political organizations, and a frequent guest on radio and local and national television programs across the nation. She was also a Sunday School Teacher.
Nancy Schaefer was chosen as a Gracious Lady of Georgia, served on numerous advisory boards and directorships and in 2001 became the first woman Trustee for Toccoa Falls College in Toccoa, Georgia.
As a state senator, Schaefer represented the 50th district, including Banks, Franklin, Habersham, Hart, Rabun, Stephens, and Towns Counties, as well as part of White County.
Note that the "doctor" who said he "believed" Nancy's husband had cancer was also a politician. Now for the true story. I have been contacted by a very close friend of Senator Schaefer and he states that she was wrapping up a self-funded documentary that "named names" and exposed a very high-level, child-pedophile ring.
That's enough to get anyone killed.
The above article also states that they did not know who pulled the trigger. I believe that could clearly indicate that the triggerman, or woman, fled the scene. Note the following Update to the above story:
(WSB Radio/AP) Investigators with the GBI and the Habersham County Sheriff's Department can't find any evidence that the husband of former State Senator Nancy Schaefer was suffering from a terminal illness when he shot her in the back and then killed himself in their Clarksville home.
Habersham County Sheriff Joel Terrell told the Atlanta Journal-Constitution "talking with the family, talking with the daughter who saw them about every other day, they didn't know anything about it (an illness)."
Bruce Schaefer, 74, shot Nancy Schaefer, 73, once in the back while she slept and then shot himself in the head. Investigators believe the murder-suicide occurred sometime Thursday night or Friday morning.
GBI spokesman John Bankhead said in a prepared statement that investigators found a handgun near Bruce Schaefer's body and several letters written by Schaefer to family members, including a suicide note.
Sheriff Terrell said "some financial problems were mentioned" in the notes left behind by Bruce Schaefer. But he said "he had seen nothing so far that establishes a clear motive." (source)
11. Miscellaneous – More Nepotism, Northern Michigan Connections to Satanism, Beaver Island and Fox Island Child Pornography
Traverse City Record Eagle:
Ex-animal control officer pleads guilty to larceny
BELLAIRE - Former Antrim County Animal Control officer Michelle Carson pleaded guilty last week to two larceny charges in Antrim District Court.
Police said Carson stole her own credit card receipts from a local convenience store she frequented and misappropriated for her own use a check given as a donation to the county animal shelter.
Carson, 29, of Bellaire, took advantage of a plea arrangement, reducing a felony charge with the potential for four years in prison to misdemeanor larceny less than $200. The check-related charge was larceny by conversion. Both are punishable by up to 93 days in jail.
A provision of her plea bargain calls for Carson to pay $1,800 in restitution to The Short Stop, a Bellaire convenience store.
August 28, 2009
Bellaire official pleads guilty
BY ART BUKOWSKI The Record Eagle Fri Aug 28, 2009, 11:50 PM EDT
BELLAIRE -- A Bellaire village official who served for a decade as executive director of the Antrim Conservation District pleaded guilty to a criminal charge.
Janet Sue Person, Bellaire's village council executive, pleaded guilty Thursday morning to willful neglect of duty as a public officer, a one-year misdemeanor. Person until March 2006 served as director of the conservation district, a Bellaire-based state agency dedicated to managing and improving natural resources.
Person, 52, of Ellsworth, used roughly $5,500 of conservation district funds for personal use from 2004 through 2006, Antrim County Prosecutor Charles Koop said.
Person was authorized by the district to obtain a cell phone only for herself, Koop said, but she instead obtained additional phones for her family. She also used a district credit card to purchase plane tickets and charged car repairs to the district, Koop said.
Person paid back some of the money she took, Koop said. She will be ordered to pay $12,000 in restitution, with $8,000 going to cover the cost of a forensic audit.
The district noticed financial irregularities after Person left and approached authorities, current district Executive Director Christy Roman said. Person split time between her job with the village and the district before eventually leaving to take the village position fulltime, Roman said.
As council executive, Person assists with grant writing, day-to-day village operations and "whatever the council asks her to do," Village President Butch Dewey said. She remains employed by the village.
"She's on paid administrative leave until we can determine what the scope of this issue is," he said.
Dewey said the village completes an audit each year, and there's no evidence of any mishandling of village finances.
Sentencing for Person is set for Sept. 24.
CONCLUSION
From the preceding information, it is quite clear that there is something very wrong going on in Antrim County with the court system and it's employees. The reluctance to investigate the sexual abuse of children who are in state custody in several different homes clearly indicated that they know that there is a problem and for whatever reason are choosing to ignore it. Someone, anyone, needs to help these kids.
