Family Forum / Parenting / Adoption / September 2007

Autistic boy's dad files claims totaling $7M over death
A.J. FLICK
Tucson Citizen

http://www.tucsoncitizen.com/daily/local/63528.php

The father of a 5-year-old autistic boy whose mother is charged with
abusing and killing him has filed a $3 million wrongful death claim
against Pima County, the sheriff and a deputy, and a $4 million claim
against Child Protective Services, three CPS employees and the state.
According to Melvin Williams' claim, which was filed Aug. 31, CPS and at
least three employees failed to locate Brandon Williams, take him into
temporary custody, file a dependency petition to take him out of his
mother's custody and protect him from "obvious neglect and abuse that
led to his death."
The claim says Deputy Lillian R. George "negligently failed to
immediately contact CPS" on March 15 to report Brandon's condition, stay
with him until CPS could respond, investigate and take appropriate
action and help CPS remove Brandon from his mother's custody. Sheriff
Clarence Dupnik and Pima County are "vicariously liable" for George's
conduct, the claim says.
In addition, Dupnik and the county "negligently failed to provide
adequate training" and create policies for deputies in such situations,
the claim says.
The defendants have 60 days to respond to the claim. If they don't
respond to, deny or settle the claim, Williams may proceed with a lawsuit.
Brandon was taken to a hospital on March 22, where he died of blunt
force trauma to his head, chest, abdomen and limbs.
His mother, Diane Lynn Marsh, 40, and her friend, Flower Nicole Tompson,
27, are charged with first-degree murder in Brandon's death.
Last month, the mother of two children whose father is charged with
killing them filed a $12 million claim against the Department of
Economic Security, the state agency that oversees Child Protective
Services; Tucson police; Gov. Janet Napolitano; and several individuals.
Jamie Hallam's claim alleges state and local officials could have
prevented the deaths of Ariana Payne, 4, whose body was found in a
storage locker Feb. 18, and Tyler Payne, who is presumed dead.
Christopher Mathew Payne, 29, and his girlfriend Reina Irene Gonzales,
23, are charged with first-degree murder in the siblings' deaths. If
they are convicted, prosecutors intend to seek the death penalty.
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    1. Comment by End G. (EndGame) — September 19,2007 @ 10:05PM

    Janet Napolitano should be Impeached for the Civil rights
violations of Child Protective Services alone that she permits...

    Especially for all the Illegal interrogations and strip searches -
medical exams done at public school without the parents knowledge by CPS
without a court order.

    These CPS Interviews at school without a court order are a Direct
Violation of the Constitution as reaffirm by the 7th Circuit Court of
Appeals decision in Doe v. Heck...

    Note: IT’S UNCONSTITUTIONAL FOR DCF TO CONDUCT AN INVESTIGATION IN
ANY HOME AND INTERVIEW A CHILD WITHOUT EXIGENT CIRCUMSTANCES (IMMINENT
“PHYSICAL” DANGER) OR PROBABLE CAUSE.

    This also applies to the Illegal / Unconstitutional Interviews done
at public school without the parents knowledge.

    Question: How is a child in "imminent physical danger" when the
child is at school?

    The decision in the case of Doe et al, v. Heck et al (No. 01-3648,
2003 US App. Lexis 7144) will affect the manner in which law enforcement
and Child Protective Services (“CPS”) investigations of alleged child
abuse or neglect are conducted. The decision of the 7th Circuit Court of
Appeals found that the practice of a “no prior consent” interview of a
child will ordinarily constitute a “clear violation” of the
constitutional rights of parents under the 4th and 14th Amendments to
the U.S. Constitution.

    According to the Court, the investigative interview of a child
constitutes a “search and seizure” and, when conducted on private
property without “consent, a warrant, probable cause, or exigent
circumstances,” such an interview is an unreasonable search and seizure
in violation of the rights of the parent, child, and, possibly the owner
of the private property.

    The mere possibility or risk of harm does not constitute an
emergency or exigent circumstance that would justify a forced
warrantless entry and a warrantless seizure of a child. Hurlman v. Rice,
(2nd Cir. 1991)

    A due-process violation occurs when a state-required breakup of a
natural family is founded solely on a “best interests” analysis that is
not supported by the requisite proof of parental unfitness. Quilloin v.
Walcott, 434 U.S. 246, 255, (1978) End Note.

    they are also in violation of Federal Privacy Act of 1974.

    these unconstitutional interrogations of children are not only a
violation of the children's rights, the parents rights, but are also a
violation of the constitutional rights of every person who pays so much
as one dime of school taxes to the school district and most parents I
have interviewed do not want their children interview at school without
a court order...

    Every Family who can should immediately pull their children out of
school and home school until this issue is resolved...

    THIS THREAT TO OUR CHILDREN AND FAMILIES MUST BE STOPPED....

    Janet Napolitano should be reminded in no uncertain terms to stop
violating the Civil Rights of the Citizens of Arizona....

CURRENTLY CHILD PROTECTIVE SERVICES VIOLATES MORE CIVIL RIGHTS ON A
DAILY BASIS THEN ALL OTHER AGENCIES COMBINED INCLUDING THE NSA / CIA
WIRETAPPING PROGRAM....

CPS Does not protect children...
It is sickening how many children are subject to abuse, neglect and even
killed at the hands of Child Protective Services.

every parent should read this .pdf from
connecticut dcf watch...

http://www.connecticutdcfwatch.com/8x11.pdf

http://www.connecticutdcfwatch.com

Number of Cases per 100,000 children in the US
These numbers come from The National Center on
Child Abuse and Neglect in Washington. (NCCAN)
Recent numbers have increased significantly for CPS

*Perpetrators of Maltreatment*

Physical Abuse CPS 160, Parents 59
Sexual Abuse CPS 112, Parents 13
Neglect CPS 410, Parents 241
Medical Neglect CPS 14 Parents 12
Fatalities CPS 6.4, Parents 1.5

Imagine that, 6.4 children die at the hands of the very agencies that
are supposed to protect them and only 1.5 at the hands of parents per
100,000 children. CPS perpetrates more abuse, neglect, and sexual abuse
and kills more children then parents in the United States. If the
citizens of this country hold CPS to the same standards that they hold
parents too. No judge should ever put another child in the hands of ANY
government agency because CPS nationwide is guilty of more harm and
death than any human being combined. CPS nationwide is guilty of more
human rights violations and deaths of children then the homes from which
they were removed. When are the judges going to wake up and see that
they are sending children to their death and a life of abuse when
children are removed from safe homes based on the mere opinion of a
bunch of social workers.

CHILD PROTECTIVE SERVICES, HAPPILY DESTROYING THOUSANDS OF INNOCENT
FAMILIES YEARLY NATIONWIDE AND COMING TO YOU'RE HOME SOON...

BE SURE TO FIND OUT WHERE YOUR CANDIDATES STANDS ON THE ISSUE OF
REFORMING OR ABOLISHING CHILD PROTECTIVE SERVICES ("MAKE YOUR CANDIDATES
TAKE A STAND ON THIS ISSUE.") THEN REMEMBER TO VOTE ACCORDINGLY IF THEY
ARE "FAMILY UNFRIENDLY" IN THE NEXT ELECTION...