- Posted October 18, 2012 by
CHILDREN'S DESPERATE CRY FOR HELP FROM THE CORRUPTED ACTIONS OF THE FLORIDA DEPARTMENT OF CHILDREN AND FAMILY
Here is the last communication that my attorney wrote to the Department's of Children's and Family, so from the legal point of view you can get a better perspective.
"Do you have anything new for me in this case? This is the strangest case that I have seen in terms of procedures and even factual allegations. You filed a Petition for Dependency against my client along with a Shelter Petition and removed the children (at a hearing wherein my client was unrepresented, contrary to the law). Now, to date, there is no trial for my client and it has been well over 30 days since the arraignment. I am completely at a loss! You moved the Court for a psychological evaluation without an adjudication of dependency and again with an unrepresented Father and now you are waiting for the psychological evaluation report to determine whether you have evidence to prove the elements of dependency, i.e. a "nexus" between any mental health issues of the father and any "maltreatment" or prospective maltreatment of the children..........Meanwhile, the children are away from their parents and appear to be rapidly de-compensating. It could be that their unusual behavior has something to do with the fact that they have been taken away from their parents, placed in a home with strangers, are no longer seeing their usual physicians, dentists, psychologists, therapists, and psychiatrist! And, if I am not mistaken, at least one of the children was abruptly taken off of his/her usual medication for a period of time. Moreover, the incidents at the home leading to the Baker Acting of the children are troubling to say the least! On that date, the children observed their father being placed in a police car while their dog was dying and their Father was trying to revive the dog (the dog did in fact die). Yes, my client, as well as the children were very upset by the incident with the dog. These are "dog people" and losing their dog was like losing a member of the family! At the same time, the children were being told that they were going to be removed from their home. These are children that have been through a lot and at least two of them have been diagnosed with ADHD. Perhaps we need to look at the police reports and the medical documents from the hospital where the children were taken.
I have requested discovery and have provided my own. To date, you have given me no discovery whatsoever other than the investigative narratives from past "abuse reports". Presumably, when you filed the "verified" Petition against my client, you had some evidence to support your allegations.
I want to cooperate and as we discussed, I am willing to mediate as is my client. There must be some way to move this case along and get all the facts out so that we can do what is appropriate for these children and not cause further harm.
Please, I ask that you kindly get back to me at your earliest convenience so that we can come up with some kind of resolution"
And here is the communication she sent me, describing the legal scenario and the violations of the law that the court and the Department of Children and Family are perpetuating.
"The Petition for Dependency filed against you SHOULD NOT HAVE BEEN FILED but not because the children were upset about the dog or someone made a fake 911 call. It should not have been filed because the Department and the Agency HAD NO EVIDENCE against you when they filed a "Verified Petition" which means a sworn Petition. They used the filing of the Shelter Petition (and the taking of the children) as an EXCUSE to get a Court ordered psychological evaluation and a psychiatric evaluation so they could PROVE that you have mental health issues! Do you get it?? That hearing before the Judge and the Motion for psychological examination was actually done illegally because you did not have an attorney present. The Judge should have known better, in my opinion.
This is the reason I immediately STOPPED the psychiatric evaluation, filed the Invocation of Right to Counsel and the Motion to have the case manager removed from the case. They are on a "fishing expedition" with you! They are supposed to have the evidence against you BEFORE they file a Verified Petition for Dependency. They are not supposed to file and then look for the evidence? The lawyer for the Department, told me that the reason we are not scheduled for trial is that she is waiting for the results of the psychological evaluation so she has some evidence against you! Right now she has no evidence against you! The problem is there is nothing I can do about it except to try to bring it to the Judge's attention. I don't think the Judge cares because if she did she would have scheduled a trial within the 30 day period required for "compliance" by the statute. Do you understand? I immediately filed a Motion for return of the children when I became involved with the case but that was not granted!"
I urge you to help me against the enormous powerful machinery of the government and a judicial system that is not abiding by the laws and is just violating the rights of me and my children without any consideration of the emotional price that the children and me are going through, and the consequences that this actions will bring to our lives in the future.
I pray for your intervention, since I believe that the only resource and most powerful machinery that can stop these horrible actions is the media.
awaiting your response,
A desperate FATHER