My Case

My case started with a phone call alleging neglect only due to drug use that was placed by her father per state reports although the petition read domestic violence, drug use and untreated mental health. I really cannot see a person with mental health issues so great that they cause an issue with the capability of taking care of a child going through the lengths I have or being capable of putting in the amount of effort and logic I have under these extremely stressful circumstances. Although I admit I most definitely have suffered emotional and mental trauma and shock due to the unnecessary, and unlawful intrusion into my family’s life over the last few years. However I have no knowledge of where this allegation came from to begin with because call was alleging only drug use. The domestic violence allegation that was added afterwards by some unnamed person had already been investigated due to a prior intake call in June of 2014 in which Kiyah was deemed safe at her grandmothers and the case closed around October 2014. The domestic violence relationship had ended shortly after the investigation had begun in June therefore it had not been an issue for several months prior the Jan. 2015 call and subsequent removal of my daughter. The couple of statements made providing the basis for the drug use are, at best questionable, which is why they were ruled as unfounded when this went to trial in June 2015. The determination was that the only allegation that was provable or sustainable was the domestic violence that took place seven months ago, in which I was the victim and i had immediately removed us from, which the previous investigation confirms. It has been a little over a year now since this case began and dozens of civil rights violations, statute violations, and mistakes by the state later I am now considered a safety risk to my child to the point of affecting her fathers getting custody of her if he associates with me at all. No one has offered any real reason or proof that allegation is anywhere near the truth, nor does any of my strictly supervised visitations show any signs of safety risks according to the states own reports. If anyone cared to read the reports written by the state workers, they should have realized how many discrepancies and changes in their own story and accusations against me there are. Their own history of previous involvement of my family is not even consistent nor accurate. The IDI done with my daughter by Mary has different logos, addresses, lies, as well as what appear to be entirely different signatures yet completed at the same time on the same day. The list goes on and on and on your honor. Though I have not elaborated anymore than what your hearing today in any report for you, id be more than happy to if you’d like. I can have an entire timeline of unlawful actions and wrongs committed by the state by tomorrow morning if necessary. However I would hope these facts that I have already presented would be enough to pursuade this court to act in what I am positive is the best interest of this little girl who has already endured enough trauma due to state interference according to therapy sessions and send her back to her loving, parents who are truly lost without her. If you will think back to 2010 when she was removed due to the same false accusations and also due to what was said to be exigent circumstances as well, not voluntarily placed as reports claim, I exhibited my commitment to my children in an impressive way, having everything I was ordered to do done by the time I was informed what I need to do. You even complimented my parenting as did everyone including the GAL, Katrine , caseworkers, and family support workers. The constitution guarantees me the right to raise my children without undue state interference after already having shown an acceptable commitment to them which is an undeniable fact in this case evident by the previous case

According to Family Policy Act

43-532

(2) Required to provide assistance in the least intrusive, least restrictive way possible

43-533

(4) Reunite child with family in time frame appropriate to age and developmental needs

28-719 Child Protection and Safety Act

required to provide access to records of case and required not to disclose name of caller in any reports

significant change in circumstances due to ending D.V. relationship seven months prior to removal. Therefore

Reason for removal already remedied before she was removed

○ Summons was served to me on Jan 15, 2015, the same day she was removed, but it is not dated until Jan 16, 2015

○ 6 days passed between removal and a hearing before a judge occurred

○ 12 days passed between removal and a first appearance hearing

○ First appearance hearing pertaining to mother continued depriving me of rights

a. Conspiracy to rights 1985 – The ex parte warrant was based on lies that are provable

b. Kiyah’s interview at school was not recorded as required by Neb. Rev. Stat. 28-728 3(d)(vii)

c. Mary  has not worked for Reliable Rock where she only worked for less than a year in 2013, which was before Kiyah was removed (per LinkedIn profile)

d. Petition for removal not signed by a Judge

Numerous contradiction, discrepancies, and conflicting information contained with reports from the therapist and the state (NFC).

Case Law that supports my defense

i. Hurlman v. Rice- The mere possibility of danger does not constitute exigent circumstances that would justify a warrantless seizure of my child. The state should have investigated further prior to ordering seizure of a child based on info someone overheard.

ii. Good v. Dauphin SS- The state must believe removal is necessary to alleviate the threat of harm to life or limb

iii. JB v. Washington County- The forced separation of a parent from a child even for a short time represents a serious infringement upon the rights of parent and child

iv. Young v. Biggers- A civil rights defendant is not entitled to immunity if false information supported the petition for removal

v. Snell v. Turnell- State workers have displayed a reckless disregard of the truth by not confirming the information they were told

vi. The state has displayed an arbitrary use of governmental power by ordering her father to leave his relation ship with her mother

vii. State has not provided clear statement describing the need for protection, or what the safety risk the mother poses is

viii. The case plan is not specific, relevant, or results oriented

ix. Being a victim of Domestic Violence is never considered abuse or neglect of a child who witnessed it. 203 F Supp. 2d 153,171,175,179,181,186,188,191(Edny 2002) Nicholson v Williams

x. Any findings or recommendations of FCR with regard to the child in care shall be admissible if such facts have been provided to all parties of record

xi. NCG #58 @ 109- Courts shall insist on agency attempting to prove neglect on part of mother (victim). Must also allege efforts mother made to protect children and the way in which those efforts failed and reasons why.

xii. NCG #59@109- Should only remove the child if it is proven by clear and convincing evidence that parent is unable to protect child even with state assistance

Definition of Child abuse/neglect as interpreted by Nebraska Law;

Knowingly , intentionally, or negligently causing or permitting a child to

i. Be placed in situation that endangers his or her life or physical/mental health

ii. Cruelly confined or punished

iii. Deprived of food, clothing, or shelter

iv. Left in car or sexually exploited or abused

List of signs a minor child is being physically abused according to U.S. Dept. of Children Bureau

○ A sudden change in behavior or school performance

○ Unresolved medical issues

○ Learning Problems

○ Overly passive, compliant, or withdrawn

○ Doesn’t want to go home

○ Reluctant to be around certain persons

List of signs a minor child is being emotionally neglected

○ Extremes in behavior-compliant demanding or aggression

○ Acting older or as a parent or younger as a baby

○ Delayed in physical or emotional development

List of signs parents generally show if guilty of neglect or abuse

○ Parent denies existence of or blames the child

○ Requests caregivers use harsh discipline

○ Sees child as bad worthless or burdensome

○ Demands performance the child cannot achieve

○ Looks to child for care and attention

○ Shows little concern for child

○ Blames belittles or berates the child

○ Refuses offers of help and acts unconcerned

○ Overtly rejects the child

According to Report by Sarah  Kiyah was living at her grandmother’s house in October when she tried to “commit suicide” not with her mother.

I have provided evidence both verbal and written to the contrary of the majority of these. The few signs the do exist have been caused by the states removal and constant harassment of my family and the collective efforts of grandparents and state workers parental alienation.

There a family right to privacy which the state cannot invade or it becomes actionable for civil damages

Griswold v. Connecticut, 381 US 479, (1965).

The individual interest in avoiding disclosure of personal matters is protected by the constitution

State and Federal judges have the responsibility to respect and protect persons from violations of federal constitutional rights.

Gross v. State of Illinois, 312 F 2d 257 (1963)

Reality of private biases and possible injury they might inflict were impermissible considerations under the Equal Protection Clause of the 14 amendment.

Palmore V. Sigoti 104 S Ct 1879, 466 US 429

A parents right to the preservation of his relationship with his child derives from the fact that the parents achievement of a rich and rewarding life is likely to depend significantly on his ability to participate in the rearing of his children

Franz V. U.S. 707 F 2d 582, 595^Q599 U.S. Ct App (1983)

A parents right to the custody of their children is an element of liberty guaranteed by the 5 and 14 amendment

Gentry, 369 NW 2d 889 MI App div (1983)

A parents right to the care and companionship of his or her children are guaranteed under the 1, 9, and 14 amendments of the constitution…