Juvenile Injustice

Why Won't You Listen?

Diagnosis and Symptoms

*PARENTAL ALIENATION**PARENTAL ALIENATION*
309.81 PTSD 309.24 Adjustment Disorder with mixed emotionsV61.29 Affected by Parental Relationship DistressV15.42 Personal Past Childhood Psychological Abuse
Attachment Suppression – Child seeks to end relationship with targeted parent(normal range parenting considered)
I have been claiming PTSD from beginning I have not changed her diagnosis my own head.
1.   Grandiosity perception of being above targeted parent able to judge them  as a parent and a person   Ex. She is not doing what she should be to get me back (per court report)
2.   Absence of empathy She want to terminate rights so Grandma can ´decide´ instead of the judge (Gal report)
3.   Entitlement Child expects, demands to be met or they enact ´punishmen´ if not  Ex. I will tell Jill you are not a good mom if you don’t…..(visit notes)
4.   Haughty and Arrogant attitude Disdain for targeted parent (see #1 for ex)
5.   Splitting- extremes in attitudes toward the parents. One is all good One is  all bad or inadequate    Ex. Belief Im not a good mom without knowing reason for that belief

Phobic anxiety toward targeted parent   —-persistent unwarranted fear – fear cued by presence of targeted parent ex. Afraid i will kidnap her
——Severe Anxiety Response – Presence of parent provokes anxiety response, situationally provoked panic attack   Ex. her reaction at church fearing punishment
——-Avoidance of the parent – wants to avoid targeted parent due to situational anxiety or endure with great distress  Ex.  Wants to terminate rights.

FIXED FALSE BELIEF- believing Iḿ a bad mother with no logical reason suddenly
Irritability, instability, or anxiety particularly around pick up or end of visits  with targeted parent. Crying and irritability toward target parent for seemingly insignificant minor issues (Only displayed in regards to the targeted parent) Inappropriate, intense anger or difficulty controlling anger  Richard Gardner- Frank Williams Parentectomy

Attachment suppression – Child seeks to end relationship with targeted parent  (normal range parenting considered)It is not true that I changed her diagnosis in my head. I have been claiming PTSD since the beginning along with parental alienation
My conclusion is based on facts and symptoms that are scientifically based and evidenced in the treatment reports of Mary Atwood

………..

Purpose of alienation is to gain or retain custody without involvement of the other parent. Extends to the other parents family and friends
Signs 1.  Does one parent refuse to allow phone contact —YES 2.  Does one parent intentionally plan other activities during parenting time—YES 3.  Does parent vilify or belittle parent or allow others to do so in front of the child —-YES 4. Does parent refuse to inform you of activities—YES 5. Does one parent unilaterally cancel parenting time—-YES 6. Does parent refuse to inform other of medical or dental appointments—-YES

 

Relevant facts and information Relevant facts and information
1.   Jurisdiction was challenged in October and August. 3 months later hearing was held regarding such
2.   Jill sworn testimony of Last known address is perjury
3.   Judge refused reinstating visits  due to objecting to mary a report
4.   P.O. judge retired months earlier, Jill showed up for no reason
5.   Carol never witnessed any violence. She only knew what she was told or overheard
6.   I moved out of perpetrators home directly following incident (see affidavit)
7.   I ensured Kiyahs safety as Carol reported evidenced by Kiyah staying at Carols temporarily since june 2014 (see affidavit)
8.   Kiyah witnessed one altercation and mother took necessary steps to prevent it from happening again
9. Mother was not made aware of investigation as Carol reported therefore could not have refused to participate
10. The current report read only that mother was using meth on a daily basis
11. Mother was not back in relationship with RJ as Carol reported
12. Mutual agreement between Mother and Carol for the care of Kiyah while mother got back on her feet again
13. Last two paragraphs of affidavit are irrelevant to abuse and based solely things Kiyah was told or overheard and pictures she was shown on facebook
14. Facts proving conclusion must be stated in the order.   Lack of compliance results in denial of federal fund.          15. Rubber stamped judges approval is violation of due process of both parent and child    16. Reports claim cindi parents her child well, isn’t this indicative of a fit parent, making TPR not in her best interest, also evidence that mental health is not a factor regarding safety of kiyah 17. Supervised visits occurring at one point to ensure sobriety and at another to ensure proper parenting  18.  Kiyah was not living with mother when she tried to commit suicide. Petition does not allege untreated mental health. Relatives are not able or willing to work with parents to meet goals of reunification. Kiyah has not lived at Carols with the exception of CPS involvement. Therapist states they are working on emotions of separating from her parents. Mother never falsely stated the apartments were approved for visits as we never went into the apart24. Kiyah has hyper-vigilance, exaggerated startle response, parentification, triangulation, all are symptoms of Parental alienation that has been ignored by all case professionals even though they recognize the signs they are neglecting to do anything about helping her or protecting her. Foster parents believe kiyah has witnessed a lot for her age, foster mom says kiyah needs to work on what happened with her mom, kiyah parrots these words. No evidence of mother coaching at visits. Foster has refused to allow phone contact. Foster intentionally enrolls child in activities during mothers visit times. Foster and Father vilify or belittle mother around the child as well as case professionals. Foster refuses to inform mother of childs activities. Foster making false statements to deprive mother of visits and being allowed to do so. Foster refuses to inform mother of medical or dental

Court report on 6-2 states No mental health issues, mother shows good parenting skills, Kiyah loves her mother, Safe home free of drugs and domestic violence

1.   Took my savings so I couldn’t leave and go to Des Moines 1.   Took my savings so I couldnt leave and go to Des Moines 2. She kept letters from me and told me years later 3. She joked that i should have been wandas daughter not hers 4. She bought my kids things they weren’t allowed to bring home with them 5. She told me I could have visits at her house and told CPS there was hostility  between us 6. She had Kiyah make up a story about school to see if I would believe her 7. She built Kiyah a bedroom and told her not to tell me cause it would hurt my feelings 8.   She told Brad I was going to leave him for RJ 9. She asked me why we couldnt raise the kids together  NOV 201410. She had me get money and things from the mailbox instead of her house so that Mike didnt see me. She bought Kiyah big castle and told me to buy her the small one for my house NOV 201412. She told me that devon didnt want to come home because of Brad. She took my kids to Disney world and left me home for first time to be alone on christmas at the same time my world ending fears may have come true.  She forged my signature to enroll Kiyah in school. She said it was my fault I should have known i would get beat up. She gives Bradell pics of my kids but not me. She was extra nice christmas before i left for cali. she bought me winter attire when i was moving to cali in two weeks. She minimized my talent and my dreams of writing and illustrating only tobe surprised later when she saw i actually was good. She lied about suicide attempts, and about incarcerations. She made brad promise to drop Kiyah off to her if we argued. She hit me in drive way and mike said i abandon my daughter for two months. When he said this she shook her head as if to tell him not to say that. She told Kiyah that she drives by everyday to make sure mommy doesnt forget to pick her up from school. She said mommy might forget but popcorn never would. She told me that as long as the kids were at her house CPS could not come take them (which is exactly what they did)25. Asked me what a pipe that you smoke meth out of is called  NOV 201426. Gave me The lost, the trial, and Cross for Xmas. Refuses to allow me phone calls to kiyah28. Plans and signs her up for things that would interfere with our visits. Says negative things around or to kiyah30. said drug week was cause of comments about me at visit. stopped involving me in devon activities.
32. *if i give her what she wants she will stop abusing me*
33. Pretended to be me and told my primary doctor not to prescribe me habit-forming drugs because i was an addict. Bought a GPS tracker for Kiyah to wear
35. Lied at the protection order hearing. Told me to manipulate the manipulator. Called night before hearing and told me she did not want to testify. Told me that this isnt how she wanted it the day kiyah was taken. Told brad mother was going to leave him for Rj.  Foster is friends with many of mothers friends on FB. Foster has numerous friends and family members in the school working and has contacts in both DHS and state of Nebraska. Foster mother has a good friend who is a notary. Foster mother never witnessed any violence or arguments. Carol never informed mother of any investigation and therefore mother could not have refused to participate. Carol planned on flying Kiyah back to Omaha that summer and saying that i took off to Cali without her and abandon her.46. Carol had Cps call to Cali to see if I had moved in end of January. Carol said Kiyah could always come stay with her but i couldnt. She bought kids toys that she refused to let them bring home so they would want to be at her house more.

Capta Definition of Child Abuse/ Neglect-  Any recent act or failure to act on the part of the parent or caretaker which results in death, serious physical or emotional harm or creates imminent risk of serious harm. Failure to provide food, clothing, shelter, or emotional support  Capta Definition of Child Abuse/ Neglect-  Any recent act or failure to act on the part of the parent or caretaker which results in death, serious physical or emotional harm or creates imminent risk of serious harm. Failure to provide food, clothing, shelter, or emotional supportEmotional Neglect- Isolating a child, not providing affection or emotional support exposing child to domestic violence or substances
Effects of maltreatment Intellectual and cognitive–Self esteem–relationship problems, aggression–growth delays, impaired brain function
FACTS AND RELEVANT DETAILS
Nebraska Case Law  *Child safety guide for judges and attorneys* 1.   Placement is not necessary when caregiver capacities can be supplied by  someone else 2.   Reunification is not based on completing case plan goals 3. Should be based on threats and circumstances within the home 4. Parents should know exactly what is required for reunification      (these requirements should be made part of the court order) 5.   Decision is environmental more than on action of the parents 6. Impending danger threats do not have to be reduced or eliminated for children to go home

 

*California Case Law* 1.   Must be at risk during jurisdictional hearing to sustain petition *Christopher m. (2014) 228 Cal App 4th* 2.   No jurisdiction if guardian could have ensured safety  *J.n. (2010) 181 Cal. App 4th* 3.   Must show how minor has or will be harmed  *Mathew S. 1996  41 Cal App 4th* 4.   Court lacks jurisdiction to order med treatment prior to adjudication *San Joaquin county 2010  185 Cal App 4th* 5.   S worker report that was good parent rebutted unfitness *e.h 2003  188 Cal App 4th* 6. Cps is not a super OSHA to correct minor flaws *Alysha s 1996   51 Cal App 4th *7. Perception of risk rather than actual evidence does not suffice*James R2009   176 Cal App 4th*   8.   Specific harm must be shown, mental illness of parent not sufficient * David D. 1994   28 Cal App* 9.   Drug use insufficient without link of potential harm*Rebecca C. 2014  228 Cal App 4th*10. Cannot require eval before jurisdictional hearing *Laurie s v Superior court 1994  26 Cal App*11. Child left with caretakers will not warrant finding of dependency if receiving good care

(Court cannot not rely on unalledged conduct as grounds for jurisdiction. No discretion to ignore jurisdiction. Once challenged burden is on court to prove it exists Court has no jurisdiction to determine its jurisdiction Cannot void its own void orders When judge does not obey law he becomes trespassor guilty of treason and conspiracy against US loses jurisdiction as well as immunity)

Bowers V Hardwick 478 US 186, 189 (1986)
Rule 104(a) Admissability of expert testimony
Not sufficient to merely conclude efforts have been made  (BL 491 NW 2d 789, 791, Iowa App)

Rights— 1.  Right to be notified of all court hearings and participate 2. Right to talk to worker and attorney 3. Right to have attorney ask questions  4. Right to present evidence 5. Right to know what court file contains  6. Right to see my child, unless judge determines otherwise 7. Receive a written case plan within 60 days signed by me 8. Right to copy of judges written decisions 9. TPR not required cause placed with relative. Right to have appropriate case plan. Right to know when child will be returned.

*US CASE LAW*
1.   Natural parent who demonstrated sufficient committment is free to  raise children without undue government interference*Stanley v Illinois 405 US 645 (1972) *

*US Code*
– 18 USC 4  – 28 USC 1331  – 42 USC 1983  – 42 USC 1988  – 403 US 388 (1971)  – 28 USC 2201-2202  – 28 USC 1691 all orders signed and issued under seal, writ of summons  , subpoena or order not allowed to be signed using /s/

Civil Rights Act 1871 delaware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. Sims v. Aherns, 271 SW 720 (1925)”The practice of law is an occupation of common right.”
“The practice of law cannot be licensed by any state/State.”
28-716  Caller immune from liability
# 602 Rules of evidence may only testify about facts within personal knowledge
Warrant obtained through reckless disregard for the truth  Apontes Matos v Toledo Davilla Conspiracy against rights- warrant based on provable lies
Forced breakup of a natural family for sole best interest in intrusion by state is not allowed  Smith v Org. of Foster families 431 US 816, 862-63 (1977)
Right to live as a family   Meyer v Neb. 262 US 370 (1923)
Original allegation must be relevant or related to adjudication  Neb Rev. Stat. 28-720  NAC 390 4-008.01 Child protection and family safety act
Child Protection and Safety Act  28-710, 727   28-720  Jurisdiction  390 NAC 4-008.0128-719 Significant Change in Circumstance
Family Policy Act  43-532
DV insufficient for removal  Nicholson 203 F Supp 2d 153, 171, 179, 181, 186, 188, 191, 195
NCG #58@109 3 Factors Must be Questioned         #59@109 Removal only if proven clearly parent unable to protect the child even with state assistance
Conspiracy to Rights 1985 Exparte cannot be based on lies and heresy
28-728(3)(d)(viii) Interview of child not recorded as required by Nebraska Law
Rule 60b Extrinsic fraud meant to defraud mother and child relationship through deliberately planned actions and utilization of false documents or records and deprivation of constitutional right to fair trial is ground for relief and judgement should be set aside.
Rule 3  Fraud may be urged as grounds for relief under independent action

 

Facts
1.  Cindi has never been incarcerated for meth.  2.  Cindi has never been hospitalized for suicide attempts 3.  There was no prenatal exposure to meth involving Kiyah or her older brother 4.  Carol never notified Cindi of an investigation 5.  It was not possible for Corey to be coming to the family home regularly as he has been in jail since June 25, 2017 6.  Brad and Cindi moved to Victor st in October 7.  Though they were aware of my correct address, Sarah B. testified that she never tried to reach me prior to removal 8.  Father made the phone call alleging only drug use nothing else. 9. D.V. was investigated by Sarah B. immediately following June 25, 2014 and The result was the case being closed due to Kiyah being safe at Carols. Evidence that the mother took the necessary steps to ensure her child’s safety.  intake #547746 7-2-14  Was opened and investigated for neglect by Richard Coats on Kiyah Miller. It was closed a short time later with Kiyah safe at grandmas. Carol never witnessed any violence yet claims the incident was not the first time that it had happened which was false.12.  Rj did not break out all the windows in the van. He hit the window with his fist and spray painted the van. Corey cut the van in half not RJ and once again Carol nor Kiyah witnessed any of this. Neither did Cindi as she had already left. Rj did not threaten to kill himself in a message to Carol. He did not say he’d rather go to jail before he lost her.14. Carol reported I was no longer with RJ and they  helped move my stuff 6-25-14. Evidence that I left as I should have done to protect us. Reports that grandma says she witnessed a lot for her age and needs to talk bout what happened with mom.

1. Judge shook his head when Sarah  admitted to never trying to reach me since recent allegations were made
2. Judge repeatedly told me if i represented myself, I was going to lose my daughter
3. Pretrial hearing not attended by mother or father and the record was waived
4. Initial family team meeting, mother not invited
5. 1st PO left Nebraska less than 1 month after trial
6. 2nd lawyer refused to look into my concerns, said I was paranoid
7. Fathers lawyer had me kicked out for trying to record a family team meeting
8. 1st foster care review mother not aware of. 2nd one was informed of only 30 minutes prior
9. Mary Atwood testimony at trial said nothing bad about mother
10. Mary Atwood IDI had different letterheads and signatures
11. Not allowed info on therapy with daughter
12. I think GAL knows judge is corrupt so she knows she can push it and it wont matter
13. Carol Simonsen admitted to forgery on the stand
14. Mary A. is guilty of slander, reckless disregard for the truth
15. Sarah  is guilty of perjury, reckless disregard
16. GAL conspiracy to rights
17. Darcy N. Ineffective assistance of counsel
18. Leslie C. ineffective assistance of counsel
19. Brian M. Ineffective assistance of counsel
20. Judge Daniels reckless disregard, bias
21. The decision on September 20, affects an essential human right to life liberty and the pursuit of happiness
22. Mary A. states Kiyah has adjustment disorder but is adjusting well…..:?
23. NFC does not have a BBB listing
24. Incontro law does not have a BBB listing
25. Reliable Rock does not have a BBB listing
26. Capstone is not accredited
27. Beneficial is not accredited
28. Criteria needed to prove pathogenic parenting exists
29. Attachment suppression— Child seeks to end relationship with targeted parent (both of us)
30. Instability irritability or anxiety particularly around pick up or end of visits with targeted parent. Crying and irritability toward target parent for seemingly insignificant minor issues. Only displayed in regards to targeted parent
31. Inappropriate, intense anger or difficulty controlling anger signs of alienation present in kiyah
32. Diagnosis necessary to determine alienation: PTSD/ Adjustment disorder with mixed emotions/ Affected by parental relationship distress/ Personal past childhood psychological abuse
33. Kiyahs diagnosis by Mary Atwood: PTSD/ Adjustment disorder with mixed emotions/ Affected by parental relationship distress/ Personal past childhood psychological abuse
34. Mother was out-of-town for seven days just following the DV in 2014 which is why the call to the hotline did not occur until the next month when she returned to Omaha
35. Carol never witnessed any violence
36. All DV events occurred in the same week and Carol helped move mother out of the perp home shortly after returning to Omaha
37. Mother took necessary steps to prevent it from happening again by placing kiyah with carol temporarily
38. Mother could not have refused to participate as she was not informed of investigation as Carol had stated
39. Mother has not been with RJ since this incident occurred in 2014. No further reports of violence since then
40. The report to CPS only alleged daily meth use nothing else was reported by the caller who is the father of kiyah
41. Carol picked kiyah up and took her to school so reasonable efforts were not sufficient to locate and interview the mother
42. Carol and Cindi arraignment ensured kiyahs safety and provided all meals for her
43. Kiyah described pictures that she was shown on Facebook to provide the information contained in the last two paragraphs of Exhibit A
44. Kiyah has never been inconsistent on placement desire
45. Has not lived at Carols on and off most her life
46. Exhibit A states Kiyah was living at Carols home in October of 2014 not with mother as therapist claims
47. Cindi consistently shows good parenting skills
48. FPS has no concerns with visits
49. Case plan states Cindi Parents her child well and is in good physical health, yet states that she needs to understand how mental health effects her ability to parent and supervised visits were necessary to ensure appropriate parenting skills as opposed to ensuring sobriety as previously stated

1. What are the specific behaviors that cause you to believe mothers mental health is deteriorating?
2. In the beginning Kiyah was motivated to receive therapy for mothers actions, so why has she been reluctant to talk about mother or the visits between them
3. How would Mary have any knowledge of ability to maintain employment and living arrangements?
4. Why are those only concerns? No safety concerns mentioned, only ability to maintain employment which is not even a relevant issue at this point
5. How is paternity issue any of the therapists concern
6. What is the reason for Kiyahs deteriorating mental health and why is therapy becoming more intense instead of making progress
7. Has Mary ever had any training relating to Parental alienation
8. What were the safety factors involved in the opinion that mother and father not have visits together
9. Why would mother be coaching Kiyah to say bad things about her or telling her negative things regarding herself instead of father or grandmother
10. How do you see being more closely supervised as plausible?
11. What was mother doing to counter therapy?
12. Why was therapist probing kiyah about visits with mother instead of looking at visit reports? Bad Practice
13. Have you ever told the mother what was being worked on or taught to kiyah in therapy
14. What is the reason for Kiyahs sudden change in her desire to live with her mother in just a few months time?
15. How would Kiyah have remembered what month suicide attempt happened
16. Kiyah had nightmares and sleep trouble at grandmas house but never at home
17. Why would Kiyah only see the shadow man in her safe places at popcorns house
18. Why did you not write the report about visits when ordered to do so by the judge months prior
19. Why is a TPR being filed since it is not required due to kiyah being placed with relative
20. Why should Brad need to gain independent housing when his parents house was approved for visits and reunification
21. Who has spoken of my behavior? and what specifically was the behavior
22. Why have the case plans never been appropriate to the adjudication of Domestic Violence
23. Have the conditions which brought intervention been corrected?
24. How has actions of mother harmed the minor specifically
25. How do case plans or safety plans address the issue that brought court intervention
26. What proof is there that mother is currently or has been in violent relationship since minors removal?
27. Since no one has spoken to mother including the child, how is her behavior know by therapist based on facts in any way?

*EXHIBIT LIST**EXHIBIT LIST*
Jan. 27, 2015# 1 Affidavit for removal
Feb. 25# 2 Sarah Brock Background# 3
April 13# 4 Mary A. Background
June 2# 5 Child Court form# 6 Chelsea affidavit about travel# 7 # 8 GAL Report# 9 Court Report# 10 Brad Mental Health Eval# 11 Kiyah IDI# 12 Visitation Plan# 13 Bradell Visit Reports# 14 Cindi Visit Reports# 15 Emails

Dec. 1# 16 Court Report# 17 Education Report# 18 Mary A. Report# 19 FCRO# 20 GAL Report# 21 Child Court Form# 22 Mary A. visit letter

June 1, 2016# 23 Email scheduling trouble# 24 Email experience probation# 25 Court Report# 26 Mary A. Report # 27 Brad Discharge summary# 28 FCRO# 29 GAL Report# 30 Quizzes/ FB posts
Aug. 23# 31 Court Report# 32 Cindi Case plan# 33 Brad Case plan# 34 Mary A Report# 35 Copy Certified Mail*****

Sept. 20# 36 Mary A Background# 37 Email from 1-23-16 # 38 Suing text from Nov and dec# 39 Letter from Janet Glick at florence

Nov 30 # 40 Court Report# 41 Kiyah Letter# 42# 43 GAL Report
May 30, 2017# 44 Court Report# 45 Mary A. Report# 46 Mary A. Letter# 47 Emails# 48 Mom got hurt letter# 49 # 50 FCRO# 51 GAL Report

 

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