Mirium . hasn't added a story.
This is a plea for mercy.
This is a plea for humanitarian aid.
On March 2nd, 2016 the court issued another warrant to arrest my teenaged daughter. My daughter has never been engaged with unlawful matters, has no history of mental illness, has never harmed anyone. The only harm is being perpetrated by the agents and entities issuing unlawful warrants. Details can be found at www.unlawfulwarrants.wordpress.com
ACS has over the past four years repeatedly reported to this very same Court that they have no concerns about my daughter.
My daughter could not continue to live under daily threat of being arrested YET AGAIN, so she has sought refuge in the homes of friends. My daughter has repeatedly informed her court-assigned law guardian and court-assigned social worker that she wishes to not be contacted by ACS, and that she wishes to have no contact with the law guardian and social worker either, as they are unable to articulate a legitimate reason for interfering with her life.
What I am needing is immediate legal relief, so as to avoid the pending arrest warrant.
Your contribution will allow me to retain proper legal counsel to appeal the warrant.
To bypass processing fees associated with this fundraiser, please send an email request for a direct link to my PayPal account.
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Update, as of March 25, 2016:
The current warrant has been executed.
Next court appearance is on April 4th, 2016 @ 2:00 p.m.
Funds raised will be used for hiring effective legal defense for the pending hearing, and to protect us from the issuance of a fourth warrant. Mercy, please.
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Thus far I have attempted to share a brief description of my dire situation, and if you're drawn to know more about the four-year-long saga, I invite you to read on:
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My family's saga with the Administration for Children's Services began in December 2011 when my daughter A (who is currently attending college) was nearly sixteen years of age and a freshman in high school. The school turned out to be ill suited for my daughter and she often stayed home rather than show up at school. Over the years I have come to appreciate the importance of not coercing a child to attend a school that's ill-suited to the child's needs, and it was my opinion that coercing my child to go to this particular school would be detrimental to her well-being. The school psychologist was of another opinion and propelled by her notion that my child must be coerced to attend her school, she placed a call to the Administration for Children's Services and filed a complaint stating that I'm neglecting my daughter's educational and mental health needs. According to the school psychologist, my daughter needed to be in treatment with a psychotherapist to address her aversion to attending this school. What my daughter really needed was a more suitable school.
Neither the family physician nor the family psychologist considered me a neglectful parent, and they documented their praise for me in letters addressed to ACS as well as to the Court.
In her report to the Administration for Children's Services, commonly referred to as ''ACS'', the school psychologist stated, and I quote from the case notes, ‘’deal harshly with the mother’’. ‘’Force her to accept mental health services for her daughter’’. Her opinion was in stark contrast to my maternal instincts, as well as to my daughter's practical needs.
Yet the school psychologist’s order became ACS's command, and deal harshly they did.
And so it came to pass that on a Friday night in December 2011, a Child Protective Specialist (aka an ACS caseworker), came knocking on our door for the purpose of conducting an investigation and to collect the necessary data that would confirm, or disconfirm, the truthfulness of the allegations of neglect. When she came to our home, caseworker D. W. asked to speak with my daughter A who was nearly sixteen at the time.
I reached out to a community advisor, and asked for advice on whether or not to welcome the child protective caseworker into my home. The advisor assured me there would be no harm in allowing the a child protective caseworker into the home, and that I was to expect the caseworker would check for food in the fridge, smoke detectors, and basic home safety. What the advisor didn’t prepare me for, and I was completely taken aback by, was the caseworkers' condescending manner of speaking to my daughter as well as the threats they presented to my daughter: ‘’If you don’t go back to school you will be removed from your home, and you will not see your family!’’ And, ‘’You have to complete your education so that you can support your mother!’’ I dare imagine that if a parent were to express such sentiments to a child the parent might easily be accused of psychological abuse. Yet in interactions between Child Protective Specialists and the clients they serve, it appears the rules are different. According to ACS policies and procedures, when a home investigation is being executed, the caseworker is to check for contents in the fridge/pantry, and safe living conditions. In my case, the fridge wasn't inspected. Nor was the pantry. The bedrooms weren't inspected. The caseworker seemed solely intent on speaking with, and threatening, my daughter A. I say this not to cast negativity on the caseworkers, rather to highlight that from the get-go it seemed the caseworkers' focus was on having direct contact with my daughter- particularly the daughter who was the subject child in this investigation.
As an aside, in a recorded conversation with the ACS supervisor, I mentioned that my child was very distressed by the threats of being removed from home if she were to not return to this particular school. In response, I was informed that it is standard training and procedure to threaten children with home removal.
My daughter A was asked whether her mom was keeping her from attending school or therapy and my daughter stated that her attendance and non-attendance were of her own choosing, and not imposed by her mother. In essence, the child was confirming that non-attendance at school was not a willful act of neglect on the part of her mother, rather, it was an act of choice made by the adolescent. This statement by my daughter would be sufficient evidence to the investigators that the allegations of neglect were false. But given the directive by the school psychologist to ‘’deal harshly with the mother’’, the task of the ACS investigators was not nearly complete.
On January 20, 2012 I received notice from ACS asking me to attend a ''Child Safety Conference''. I promptly contacted attorney John Campbell and asked if he'd accompany me to the conference. John Campbell agreed to attend the conference with me. John communicated to ACS his intention to accompany me to the conference. Upon receipt of John's three-page notice, ACS cancelled the conference and routed the case to the court system, so that I may be subjected the heavy arm of the court.
ACS case notes reveal that, ''We are taking the matter to court because the mother has an attorney''. It is critical to note that I had not retained John Campbell to represent me in court, as the case was not slated to go to court at the time. John Campbell was merely retained to accompany me to the ACS office for the Child Safety Conference. It is valuable to have an attorney present when one is questioned by any government agency and ACS is a governmental policing agency.
Generally, ACS refers a case to court when there are serious concerns about the children's safety. However, in my case there were no serious concerns that would warrant the aid of the court. In my case, it appears that ACS took the case to court not on the merits of the case, rather as retaliation for having secured an attorney to accompany me to a Child Safety Conference.
On February 11, 2012 I was summoned to the court house where I was served with the neglect allegations petition. Judge Susan Danoff was presiding. I raised my hand to speak. My intention was to state that I wish to submit a letter that I had on hand- a letter from a family psychologist who documented that my daughter's staying home was the necessary ''mental health treatment'' at this time. Judge Danoff declined to attend to the doctor's statement, and instead, issued a stern warning, in a raised and seemingly angry voice: ''If you do not allow ACS unfettered access to your home and children at any time of day or night, I will have you incarcerated!!'' (As reflected in court transcripts)
The allegations made by the school psychologist were in contradiction to the statements made by the family psychologist. And absent a hearing of the facts and evidence, on what grounds was Judge Danoff intending to incarcerate me? A fact-finding hearing has not been scheduled in the four years that this case has been in court thus far.
On February 12, 2012 my two daughters and one son were interviewed by the court-assigned law guardian. A forensic social worker interviewed my daughter A. The social worker did not interview my younger daughter, daughter B, nor did she interview my son. After all, the complaint made to ACS was that I was solely neglecting daughter A's educational needs. No complaints were ever made in relation to my daughter B, nor of my son.
All three of my children were interviewed in a private room, in my absence. All three of the children disclosed to the law guardian that their mom provides them with all the care they need and that their mother is not neglectful in their care. The children also requested to have no involvement with ACS as they are distressed by ACS's interference with our family life.
In September 2012 I enrolled my daughter A in a different school, and she excelled in this new school. My daughter attended this school through her senior year and graduated this past June as an honor student in the top five percent of her grade. This experience may prove that the original high school was a poor fit for my daughter, and that the new school was a better fit, such that my daughter was able to excel there.
On January 29, 2013, upon pressure by the public defender, I entered into a coerced agreement with ACS, consenting to 12 months of supervision. The agreement was vague, in that it did not specify the frequency of the visits; neither did it state that ACS was to speak directly with my children. Speaking with their doctors and/or school personnel can also meet the requirement of ''supervision''. In fact, ACS repeatedly contacted the family physician as well as the school personnel, and the pediatrician. All of the professionals affirmed that the children are doing well and that there are no concerns about safety or neglect. Third-party supervision is an acceptable form of supervision.
From January 2013 until April 18, 2013 the Child Protective Specialists did not show up at our home and I assumed we were relieved from their intrusions. I was mistaken:
On April 18, 2013 we were visited by another Child Protective Specialist. When the caseworker visited he spoke well of my tidy home and of my pleasant disposition. He said, ''I'm surprised anyone would think you're a neglectful mother!'' After this visit I did not hear from the Administration for a few months and I assumed the agency was satisfied with the glowing report, such that they didn't find it necessary to follow up with another visit. Once again, I was mistaken:
Out of the blue, the unexpected happened:
On November 8, 2013, at about six o’clock a.m. I was rudely awakened by loud rapping on the door. Three armed police officers entered our home, searched our home and personal belongings, and ordered us to follow them into the police van. My two daughters were getting ready to (voluntarily) go to school and their plans for another fabulous day at school evaporated into thin air.
The police van drove us around the neighborhoods until the court building opened for the day. When we arrived at the court house we were pushed into a cell with no windows. There was a phone in the room and I picked up the receiver to contact a friend or family member, and the guard at the door ordered me to place the handset back on the base. I was barred from making even one phone call to my loved ones, to notify them of the predicament I was in. My cell phone was useless, as there was no phone signal available to me.
During the six hours in the cell, we were denied water, food, and telephone, and were guarded over by two armed guards.
Eventually we were escorted into the court room where there was an exchange between the judge and Corporation Counsel (prosecuting attorneys). At some point in the exchange I heard the judge ask an officer to turn off the Court's audio recording. The judge then summoned the attorneys to the bench and I heard the judge say to the prosecuting attorneys, "You can get into trouble for this".
The judge asked ACS what, if any, is their concern. The ACS attorney stated to the court that his client has not been able to have access to my children and that his client would like to speak with my children. The judge stated that the children were to inform their law guardian as to whether they wish to speak with ACS or be left alone. The children then informed their law guardian that they wish to be left alone, and that they wish to have no further contact with ACS. Then, we were dismissed and we went home.
I was shocked by this police invasion, and chalked it up to a one-time mishap. Still, I was driven to uncover what had precipitated such a violent move on the part of ACS. What came to light was that there was a new caseworker on the team. His name is Jean Pierre Watson, or as he sometimes signs off as Jean W. Pierre. A quick Google search turned up this article: http://www.nydailynews.com/…/jean-pierre-boyfriend-lashanda…
The face in the photo seems to match the face of the individual who's currently working for the Administration for Children's Services, and may possibly be the one and the same who orchestrated the police invasion. The name in the article matches the name of the caseworker who's been harassing my daughter.
If indeed the Jean Pierre in the news photo is the same Jeane Pierre who is currently involved in my case, I can understand that having experienced the loss of his children by their distressed mother, may account for his overzealousness in my case.
If, on the other hand, the two Jean Pierre's are not one and the same, I am left to wonder what prompted the Jean Pierre who's assigned to my ACS case to act as he did.
Another path I pursued in uncovering what might have led to this malicious arrest, was to review my case file in the records room of the Family Court.
What I discovered in the case file was that in August 2013 ACS had filed a ''Petition of Violation'', alleging that I had violated our supervision agreement. I had not been mailed a copy of the Petition of Violation, therefore was denied an opportunity to present the facts to the court. (Court transcripts reveal that ACS informed the Court that they had notified me of the violation, yet I had not received the notice in the mail, neither could I locate an Affidavit of Service in the case file). The petition stated that on two occasions, in June of 2013 and in July of 2013 caseworker D. W. had come to visit the home and that when she rang the doorbell there was no response. ACS was now alleging a violation of the ACD, and held that out as legitimate reason to execute an arrest warrant. However, on January 31, 2013, when the ACD was entered, the judge clearly stated that an ACD is ''by consent of both parties'' and that if at any point of the 12-month supervision period I was to breach any of the terms, the case would immediately move forward to a fact-finding hearing on the initial allegation of neglect. Procedure was not followed: instead of moving forward with a fact-finding hearing, arrest warrants were being issued. (Court transcripts reveal ongoing arguments between the public defenders and the judge regarding the lawfulness/lawlessness of the warrants)
When I reviewed the time of day D.W. had shown up at my home, I noticed that in both instances she had been at our home some time between ten o'clock a.m. and noon. In both instances I was attending a meditation class at those times.
The meditation teacher wrote an affidavit confirming my attendance in her class at those times. I submitted these sworn affidavits to the court, as evidence that I did not willfully violate our agreement. After all, D. W. had not scheduled the two visits mentioned in the Violation petition, so I could not have known to be home at the time. D.W. had simply shown up unannounced on those two days.
When we were in court on the day of the arrest on November 8, 2013, ACS demanded a scheduled home visit. ACS said that after this home visit they would withdraw the case from court. We scheduled a home visit for February 26, 2014. I invited two witnesses to my home to witness the visit, in the odd chance that ACS would report to the court that the visit did not occur. The odd chance unfolded just a few weeks later:
On February 26, 2014, I was visited by caseworker D.W. This was to be the final home visit, after which ACS was to withdraw the case from court. By this time, my daughter A was eighteen years old, and was no longer permitted to be contacted by the Administration for Children's Services. On account of the harassment she had experienced by caseworkers D. W. and J. P., the judge had issued a ''no contact'' order to protect my daughter A from further harassment by the ACS workers.
Therefore, when D.W. arrived at our home on Feb. 26, 2014, she interviewed only Daughter B who was fourteen years old at the time. She asked my daughter how is school for her and which subjects does she enjoy and which subjects does she not enjoy, and what are her plans for the future. After a few minutes, my daughter asked D.W. if she has any further questions or concerns and D.W. said she is satisfied and that all is well. D.W. left the home, assuring us that she had no concerns about my daughter's safety, and she did not indicate a request for another home visit.
On March 28, 2014 the forensic social worker who works in tandem with the law guardian's office, came to our home and spent a considerable amount of time interviewing my daughter B and chatting with my daughter A. The social worker saw no cause for concern when she was at our home. The social worker did not report her positive findings to the Court at the subsequent court appearance on April 24, 2014, at which time the prosecutor obtained an arrest warrant. The social worker's negligence may have contributed to the issuance of the second arrest warrant.
On May 19, 2014 at about six o’clock a.m. I was once again rudely awakened from my sleep by the loud rapping on the door.
Three gun-wielding police officers rapped long and hard until the lock and door broke, and they entered our home and haven. I asked the officers to present a warrant and was informed by the officers that they are not required to provide me with the warrant, nor a copy of it. I placed a call to the community volunteer paramedics, as I believed they would respond to an early morning call for support. The paramedics arrived and shortly thereafter the three police officers stepped back and said, ‘’You’re right, we do not have a warrant for your arrest’’.
It being six o’clock a.m., my daughter- Daughter B- fourteen years old at the time, was in the midst of her morning shower, and getting ready for another (voluntary) day of school. Upon hearing the police activity at the door, she stepped out of the shower and wrapped a towel over herself. She walked to her room and reached out her hand to close the door so that she could get dressed in private. One of the male police officers stood at the doorway of Daughter B’s room and blocked her from closing the door for privacy, and stated that she was not to have any privacy in dressing. When I asked the officer why he was at my daughter's door, he said he has a warrant to arrest my daughter. When I asked to see the warrant, the officers were unable or unwilling to produce it. I continue to question the reason for a male officer to observe a female adolescent getting dressed when there was a female officer available, standing by in the kitchen of our home.
After subjecting my daughter to a search and seizure, the officers proceeded to order my fourteen year old daughter into the police van, and the officers drove around the neighborhoods until the court house opened for the day. After a few hours during which we were once again denied food and drink and phone calls, we were escorted into the court room.
The judge questioned caseworker J.P. as to his safety concerns about my daughter B and J.P. admitted that there were no safety concerns at all with regards to my daughter B.
Once again, I was moved to dig deeper and find out what had prompted this seemingly malicious arrest. What I found in the court records was a sworn statement made by J.P., stating that the home visit that was scheduled for February 26, 2014 did not occur, and that absent the home visit J.P. believes my daughter B is in imminent danger and that therefore a warrant must be issued. This was a statement that could be easily disproven by the two witnesses who were in my home on Feb. 26, 2014 who witnessed the home visit conducted by D.W.
After the second arrest, it appeared to me that J.P. might be a caseworker who was likely to continue to falsify statements in order to obtain arrest warrants, so, following the arrest of May 2014, I requested a meeting with J.P.'s supervisor, L.S, in which I respectfully requested a change of caseworker. L.S. denied the request, without offering an explanation. L.S. said he would continue to send the police officers to my home even though he believes the arrests are traumatic to my family. This meeting has been audio recorded, and is available upon request. (In the meeting with L.S. I was accompanied by two witnesses as well)
The trauma and impact of the police invasion has led my younger daughter to seek refuge in the homes of friends. The two instances in which she was arrested with no articulable reason, coupled with L.S.'s statement that he would continue to dispatch gun-wielding police officers to arrest my daughter, made it necessary for my daughter to seek safety elsewhere.
Before she sought refuge, my daughter pleaded with me to find a way to put an end to the police invasions, so that she may feel safe in our home again. Unfortunately, I was unable at the time to secure the funds necessary to hire an attorney who could put an end to these arrests.
In the court transcripts it is reflected that the caseworker J.P.. testified in court that my daughter and I were very close. Indeed, we had a very strong bond of love, care, and affection that was evident to all who came in contact with us. Alas, that life-sustaining bond has been shattered by the actions of the police officers who broke and entered, the ACS caseworkers who falsely stated that my daughter is in imminent danger, the ACS supervisor who was a party to the falsely obtained warrants, the judge who granted the warrant without carefully determining the lawfulness or necessity of it, the law guardian who did not take action to prevent the issuance of the arrest warrants, and the police officers who broke and entered knowing they did not have a warrant for my arrest.
Since the latest police invasion, I had been experiencing severe post-traumatic symptoms, most notably an inability to breathe effectively and heart trouble. After a few incidents of near-fatal oxygen deprivation in my own home, it became clear that the unrelenting terror was constricting my breathing and that I'd need to find spaces where my organism experiences no threat, so that it may resume a regular breathing pattern.. I have had to find temporary places to live, places that are non-threatening and in which my breathing is not constricted. To support me with access to treatment please head on over here: https://www.youcaring.com/helpmebreathe
I am in a state of paralysis/freeze/terror most of the time. I am longing for relief, so that we may continue to flourish and thrive as the family that was once our refuge, in the home that was once our sanctuary.
I have combed the city and beyond, for agencies who might be willing to litigate my case pro bono. The agencies have made it clear to me that it is not within their capacity to handle my case. In an audio recording between myself and the public defender, the public defender admits that it is not within her capacity to take an adversarial stance against the Administration for Children’s Services. In addition, the public defenders were unable or unwilling to act aggressively in preventing the two arrests. My faith in public defenders is at best weak, and at worst non-existent.
In consultation with various legal advice resources it was recommended that my case requires the skill of a qualified private attorney. To do so requires a gift of the great American dollars, something I am unfortunately not blessed with at this time as I'm unable to work on account of the illness that has developed over the course of this saga. Hence, with utmost humility and gratitude, I am reaching out to you, my fellow human brothers and sisters.
If you can donate to my legal fund for attorney's fees, that would be very meaningful to me. The crowdfunder that’s been up and running for some time has raised about half of the funds needed for a retainer. About a week ago, the crowdfunder was removed by YouCaring as they do not allow fundraising for legal fees. YouCaring was kind enough to allow me to keep the donations and I plan to combine the donations that came through the YouCaring crowdfunder with the donations that are coming in via this crowdfunder. The combined donations will hopefully amount to the amount needed for an initial retainer. (I've imported the donations made on the YouCaring crowdfunder, and they're now reflected on this crowdfunder.)
The amount shown on the face of this page is not an accurate reflection of the funds that are actually available to me, as Fundrazr takes a processing fee on each transaction. It is my hope that I will soon be able to pay a retainer, which will provide me with a defense attorney for the warrant motion hearing that is to take place on March 2, 2016, at which time the prosecutor will seek another arrest warrant.
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Update: The March 2nd appearance resulted in the issuance of the third arrest warrant. The warrant will become active on March 28th and is expected to be executed some time between March 28th and April 4th. The next court appearance is scheduled for April 4th.
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On another note, If you know of a civil rights attorney who'd be willing to file a claim for damages, on contingency, I'd greatly appreciate it. I've thus far borrowed in excess of ten thousand dollars to pay for life-saving trauma/breathing treatment, as well as rental cost in various places when I was unable to breathe in my own home. I’ve currently run out of resources for borrowing additional monies. A claim for damages would ensure there's sufficient funds to support continued treatment aimed at recovering from the wreck of this trauma.
Further down the road, when my health is restored, it is my heartfelt intention to utilize my family’s experiences as a catalyst to advocate for reform in the current laws, procedures, and policies that allowed for the unlawful arrests of my minor children, and to implement safeguards within the legal system that would protect families from such drastic disruptions to their security and familial bonds. I am dedicated to addressing the root cause of our tragedy so that other children and families will be spared this kind of suffering. No family should ever have to experience the unnecessary and avoidable trauma of having their haven and sanctuary repeatedly invaded by police absent any legitimate reason.
The issue of abuses by Child Protective Services (also known in New York city as the Administration for Children’s Services) is well documented. In recent years the crimes committed by those who work for Child Protective Services has been exposed by some brave whistleblowers and by families who have the courage to speak out publicly. Carlos Morales is one such whistleblower, among others. Law firms such as Lansner and Kubitschek in NYC, among other firms, have litigated hundreds of ACS cases over the course of their respective careers, and millions of dollars in damages have been awarded to families that have been harmed by the actions of the Administration for Children’s Services, or Child Protective Services. A Google search will easily bring this to light.
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I am deeply grateful to you for reading my lines and for considering supporting me in this way. If you have further questions please feel free to message me and I'll respond asap.
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If you wish to speak with me, please message me at acsmemoir@gmail.com
Please consider sharing this with your friends and networks, so that my plea for support can reach a wider audience.
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