Court Discuss the tactics used by the court system, and how to develop your counter-tactics for success in the courtroom, dealing with citations, criminal and civil matters.


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  #1  
Old 01-29-2005, 04:22 PM
DJa
 
Posts: n/a
Judge Dissapeared...

Long story. 16 year old daughter was targeted by the srs and taken into states custody.

The case changed venue in spite of my entering a petition to review.

The case came up for first appearance this week. I submitted my affidavit with my proof that she was not truant from high school. Doctor confirmed she was sick.

The next day we all show up and learn that the judge is sick and another judge will sit in. But I had hired an attorney because I was jailed for having my daughter in my house with the door closed and locked, leaving her guard outside the door. He was representing me on the criminal case, "holding a commited person" <---- My 16 year old daughter.

The attorney enters court in my daughters foster case, that I've been doing myself.

He shows up and they all go in the back of the courtroom. He comes out and there is no first appearance. They set the case for mid march. In my affidavit, I motioned to dismiss. It was about a five page affidavit citing laws etc on the life liberty and parental rights to care control and direct our childrens education etc.

And nothing. Just a whole lot more psycological intimidation to me coming from the workers of the Kansas SRS and their contracted farm workers.

My daughter was taken back to the foster house.

Later in the day, the farm Inc. called, she let me know that a meeting would take place with an in depth case plan regarding my home,

It must be clean.

You must show how the bills will be paid, so a budget is worked up to see if I qualify as having what I need to care for my daughter.

My oldest of five children, is 33 years old.

A psychological intake with a social worker or mental health.

I must present them with a lease or copy of mortgage, and on and on and on....


This is pure psychological abuse.

She told me that she would send this information to "my attorney"?? and he could meet me at this meeting.

I said, "you can send this to me", and I don't need "my attorney" for this meeting.

She is very windy. Lots of chat about everything I have to have checked off before they can let my daughter live with me.

Parenting skills classes, therapy sessions for just me, tough love support group, and family therapy for her and I.

My home will be inspected for cleanliness etc.

I told her......

My house is dirty.

This isn't my home.

I have no job.

So, I'm not qualified to raise my daughter.

And I said, Bye, and hung up.

I'm in Kansas, I have land and a home in NC.

I'm moving to NC next week. I've reported to " my attorney" my new permanent address in NC. I'll move, and come back to kansas to prevent the SRS staff Supreme Court attorney from taking state and federal monies to fund their unlawful abduction of my daughter. I want to file another document in this court giving them my new NC address. This should be enough information that prevents the judge from giving the Kansas SRS any money from the tax payers or ordering a child support order from me.

What stated out as One Supreme Court attorney, has turned into Two supreme court attorneys forming documents to answer my documents in this court.

I'm pretty sure that when I change my residence to NC address, they will have to start the process to sending her to NC. I don't think the Judge will give them money now that I'm no longer a citizen of Kansas.

Does anyone have a suggestion about what kind of document I can submit into this court that makes formal announcement that I am no longer a citizen of Kansas but NC, therefore this court should NOT contract the kansas tax payers to pay for her care in their foster care system?
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  #2  
Old 01-30-2005, 07:03 AM
KITCHIE KITCHIE is offline
Practice Makes Perfect
 
Join Date: Oct 2004
Posts: 397
Wink

Perhaps if you file a memorandum of points and authority including judicial notice of all the errors they have made and asking for a motion to strike in its entirety will put them all on notice that they are cooked. Us all the court rules they violated, use judicial cannons. Use Code of Conduct Non Judicial employees. find every Federal and State law that could be attached to your situtation. Remember they get federal funding in all this stuff so be sure to tell them they get fed money so they are also bound by federal law.

I am very sorry for what they are putting you and you daughter through. If they go past their authority you can hold them liable in their private capacity. Title 18.

TITLE 18 > PART I > CHAPTER 13 > § 242 Prev | Next

§ 242. Deprivation of rights under color of law

Release date: 2004-08-06

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Hold their feet to the fire.
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  #3  
Old 01-30-2005, 05:25 PM
DJa
 
Posts: n/a
Thanks Kindly

For anyone reading this string and might foresee this coming their way, I would like to add FYI the Reintegration Plan created and mailed to me today.

Reintegration Plan.....

Into a home with Deborah E.

The following is a reintegration agreement written to specify actions
needed to be taken by Deborah E., the Farm Inc. and SRS to facilitate
the return of 'daughter' to Deborah E.'s care. This reintegration plan does
not guarantee that the child will be retuned upon completion of tasks
or upon expiration, but is a basis by which SRS, The Farm Inc., and
the District Court can evaluate the ability and resources of the
parent to resume care of the child.

Length of the Agreement

This agreement shall be in effect upon signature of the parent and
exact length of plan will be reviewed in court on 3/21/05.

I. Home Environment

A. D.E. shall maintain proper and suitable housing for herself and
'daughter' without the threat of eviction and provide a current
mortgage/lease prior to reintegration. Deborah will notify the Farm,
Inc. of any changes within 72 hours of the change of residence/phone
number.

B. The home shall be in good working condition at all times and
any necessary repairs will be made timely. All utilities will be in
proper working order at all times. Deborah will cooperate with
scheduled/unscheduled home visits by SRS and The Farm, Inc.

C. Deborah will maintain the home with a suitable level of
cleanliness.

D. Deborah will ensure that 'daughter' has her own bedroom, bed and bedding.

E. Deborah will have age-appropriate toys, games, and activities
for 'daughter'.

F. Deborah will ensure that the home is stocked with nutritional food.



II. Employment

A. Deborah shall maintain full time employment and/or seek
assistance to have regular income adequate enough to fulfill the
family budget.

B. Deborah will submit to monthly budget worksheet showing all
income and expenses to The Farm Inc. case manager along with proof of
employment and payment of bills the the 5th of each month.

C. Deborah will remain current on child support obligations and
included documents of payment with the monthly budget.


III. Parenting Skills

A. Deborah will actively participate in parenting education
classes. (her present foster worker has several other children in the
home and she was made upset by watching the foster worker pick up the
infant by one arm and walk across the room with this child dangling by
it's arm)

B. Deborah will write a list of household rules/consequences and
provide copy to the Farm Inc. (Her first foster worker remanded her
to her room for two and half days and she ate one peanut butter and
jelly sandwich the whole weekend, her place at the table was not set
at mealtimes.)

C. Deborah will write a daily schedule/routine that includes
age-appropriate chores, home work time, and consistant meal and
sleeping times. (Presently, she comes to the foster house after school
each day and at approximatly 4:00 she leaves the home and is out till
approximately 9 PM each night.)

D. Deborah will offer age appropriate consequences and redirection
without the use of verbal aggressions or belittling. (her first
foster worker asked her, "are you a *******"? when she learned that my
daughter had a book about the our religion. She was belittled by
both the foster worker and some of the other teens in the home, this
hurt her greatly.)

E. Deborah will refrain from using any type of physical discipline
at all times with daughter. (again, daughter was remanded to her room
for two and a half days with near no food.)

F. Deborah will seek help from community helpers, The Farm, Inc.
or SRS upon feeling overwhelmed or having difficulty parenting.

G. Deborah will explore and enroll daughter in school prior to
reunification.

H. Deborah will cooperae with mental health recommendations
including but not limited to parenting tips and medication management.
( I'm 49 years old. I don't take psych drugs.)

I. Deboarh will ensure that 'daughter's' whereabouts are accounted for
by a responsible adult at all times.

J. Deboarh will refrain from making negative comments about other
family members in the presence of "the" daughter.



III again. Psychological

A. Deborah will actively and honestly participate in a clinical
assesment on or by 3/1/05 and actively follow all recommendations, if any.

B. Deborah will call and schedule a psychiatric/psychological
evaluation, if recommended, within 14 days of clincal assessment and
actively participate in evaluation and treatment plan.

C. Deborah and 'my daughter' will participate in family therapy as
recommened by the mental health professionals.


IV. Visitation

A. Deborah will have regular contact with 'daughter' as supervised by
the Farm, Inc. and will agree to follow visitation guidelines.

B. Visitation will not occur in the home until Deborah and 'daughter'
demonstrate a consistent willingness to follow visit guidelines.

C. Following sucessful completion of clinical assessment and
consistent compliance with the professional recommendations, if any,
the necessity of supervised visitation will be reviewed by all parties
and adjusted accordingly.


V. Miscellaneous

A. Deborah will not engage in any unlawful behavior.

B. Deborah will provide an environment that discourages 'my
daughter' from engaging in unlawful behavior.



VI. Terms and Conditions

A. Any and all adult persons planning to reside in the home at the
time of reintegration will be expected to follow the guidelines
outlined in this reintetration plan, including but not limited to Mr. E.

B. Deborah will provide all information nesessary to The Farm Inc.
to verify that the goals in this reintegration plan have been met.
This includes the signing of all necessary releases of information.

C. Deborah will initiate contact with The Farm Inc. monthly to
schedule a face to face meeting to discuss progress and provide updates.

D. Deborah is financially responsible for all costs incurred by
the tasks outlined in this plan and must obtain funding accordingly.

E. The Farm Inc., and SRS will provide and make available
information and support to aid in implementing this agreement, upon
request.


And laid out to be signed by Me, Attorney, Farm Worker, SRS, GAL, and
the ADA.


With a note to "Forward to the Court on:_________date.

Comments?

Last edited by DJa : 01-30-2005 at 05:49 PM.
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  #4  
Old 01-30-2005, 05:45 PM
DJa
 
Posts: n/a
Thanks Kitchie

Thank You Kitchie for your information.

An attorney has stepped in on this case, after he helped me with my recent problem, 'interference with a commited person' when I attempted to free my daughter from the SRS through information I recieved from my state senator and others.

I didn't ask him to get involved but he entered court on my civil case with my daughter.

During our conversations this past week, he's advised me to stop entering documents in court and comply with all that the SRS and The Farm is expecting of me. Of course he is still learning what is going on. He has no idea as of today what those expectations are.... Unless he checked his mail this weekend. and if they sent him a copy of this 'plan' at the same time they sent it to me.

He suggested that I am harming our case more then helping..

My concern is the little matter that states, they don't guarantee that after I sign the contract, jump through the hoops, and pay the money, that I will get my daughter home.

I've decided not to sign the contract at this time. Give the attorney time to read this contract and learn more of our case before making any more decisions.

When I saw my daughter at the first appearance this week, she looked run down, was jittery, nervous, and was dressed sadly.

My heart is so sad. The SRS and the Farm Inc. seem to be enjoying my sufferings.

Thanks again.

I don't understand what you've wrote. I started learning about laws and courts a couple of months ago or less. And there's a lot I haven't absorbed yet.

Thanks again for your kind sentiments.
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  #5  
Old 01-31-2005, 05:30 AM
KITCHIE KITCHIE is offline
Practice Makes Perfect
 
Join Date: Oct 2004
Posts: 397
Cool

To get an idea of what I am talking about go to the forum sucesses and check out Reno Ticket. I wrote a Notice and Demand for discovery. Now granted it is for a traffic stop but the format and the state laws can be changed to meet your needs. You will get a good idea of how to put them on notice. I downloaded the file there. If you could do something like this I believe the attorney would change his mind. The fact that he wanted you to sign that thing with no gaurantee makes me think he is not on your side. I sure hope he said that because he is not familiar with your case. You can put the judge on notice through that.

I am so sad for you and your daughter. It breaks my heart when "know it alls" like SRS step in and really don't know ANYTHING at all!! I will pray for your positive outcome in this matter. I have some powerful friends that can help with their special talents too.

Kitchie
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