Of the 510,000 child in foster care for 2006, 24% were in relative homes, and 46% were in nonrelative foster family homes. (Child Welfare Information Gateway 2009)

Justice Denied: Mother Fights For Son's Return

July 13, 2006

Mother Celebrates Son's Birthday

Happy Birthday to you ... happy birthday to you ... happy birthday dear Tyyyyyyyy ... happy birthday to you!!!

Surprise Birthday Party for Ty and you are invited. Please add your birthday wishes for Ty, who remains in custody still.

Mrs. Annette M. Hall ... I found your web site to be incredibly truthful and helpful. I totally support your suggestion that we charge them all, under the RICO statutes, for the crimes committed. Is it possible to do such, and if so ... what the heck are we waiting for?

In the meantime ... Why are we, as parents, sitting quietly ... unlike the millions of "illegal" immigrants who are pouring into our streets demanding "rights?"

Why are we not organizing and protesting just as vigorously for our children ... and our inherent civil and constitutional rights?

As long as we continue to sit on our hands and do nothing, so will they ... the politicians. I have written to several political representatives about my case ... with no response. I bet if we take to the streets and announce to the public what is actually going on in family court, America and the world would take notice. I think we could learn a thing or two from our "illegal" neighbors.

Note: I use the word "illegal" because that's the politically correct verbiage, but it makes me terribly uncomfortable.

Here is my personal story:

Let me begin by saying this is not a family law issue. This is a case of racial profiling and discrimination, police and government employee misconduct, conspiracy and corruption, extreme defamation and slander. Most importantly, this is a case of civil and constitutional rights being violated which subsequently led to the family courts involvement.

Having stated the above, on January 1, 2005, my son was slapped in the face by my ex-boyfriend. I regrettably instructed him to call the police ... a mistake that we will feel the effects of for the rest of our lives. The police arrived, arrested the ex-boyfriend (Nick), and then joined me in the apartment.

When asked, I told the officer that my son (Ty) informed me that Nick had slapped him. Immediately the officer became irate and accused me of "Trying to protect my little boyfriend" and lying to his face. Perhaps he did not appreciate the way I phrased my response; but I stood there stunned by his reaction. According to the officer my son told him, during his interrogation without me or an attorney present, that I tried to prevent Nick from slapping him by saying "Do not hit my son."

I was not in the restroom at the time of the incident, as I had alleged. If you can believe what the officer said, my son told him about every single argument Nick and I had ever had. The officer began telling me about an argument in Barstow California, to which I just listened. After less than two minutes in the apartment, the officer said "Oh ... you're unfit and this place is a mess!" I asked the officer why he felt that I am unfit and tried to explain that we do not live here -- The studio apartment is being shared by Nick and his roommate Johnny. I Also, told him if he was declaring me unfit "I'd like to exercise my right to remain silent until represented by counsel."

The officer immediately looked into the open accordion style closet and saw nothing but men's clothing and Nike shoe boxes from one end to the other. He walked through the apartment and saw no indication that a woman or child lived in the apartment before exiting. As he walked away, I remember sitting on Johnny's bed stunned and wondering if he really said that I'm unfit. Knowing that my first born and only child for 10 years had never been a victim of abuse or neglect, I was certain that an investigation would prove his claim unsubstantiated.

The officer then returned to the apartment and asked me if Ty had clothes here, to which I said no. Our clean clothes are in storage until we get the keys to our new place in two days. The officer then asked if Ty had any toys in the apartment and was given Ty's teddy bear and his two favorite cars -- He took the items and left the apartment. I stood up and followed him to the lobby and argued the legality of him removing my son from my care and custody and furthermore from an apartment that we do not live in. I asked to take my son and was denied. The officer was determined that I was an unfit mother. I kissed my son and told him that everything would be all right and to trust the officer.

The officer left with my son and I returned to the apartment. Shortly afterwards, a social worker knocked on the door and asked what had happened. I told him the same thing that I had told the officer. He asked me about Ty's Dad, to which I said, "He is absent." The social worker began to tell me that the officer had reported me as having said "The state can be his Daddy."

Once again, I was stunned and in a cloud of complete confusion. I explained that this was no more than a feeble attempt to justify removing my son from an apartment that we do not live in. After all, it makes absolutely no sense that I would instruct my son to call the police and upon arrival I would say "Oh by the way officer ... while you're here, take my son ... the state can be his Daddy." I demanded the immediate return of my son, as we argued briefly. He left me a hand written document, and left the apartment.

In an effort to expedite this story, Child Protective Services (CPS) never gave me verbal or written notice of the jurisdiction/disposition hearing date. When I called the social worker to inquire about the date of the hearing, he told me "The hearing will be towards the end of the month." This he would also later state in his report to the court. He also told me that CPS would send me written notice of the hearing, which they would intentionally send to the wrong address.

Having missed the disposition hearing, my son was placed into foster care and a review hearing set for six months. After almost a month after my son's kidnapping, my then attorney and I finally received a copy of the "allegations" which were opened by the attorney in his office. Needless to say, I was simply shocked by the completely fabricated allegations. The officer and the social worker pretended that they had both interviewed me and I made several statements that were never made. I allegedly told them both that I do not want my son. I was accused of shoving him towards the officer and saying you can have him, etc. It was also stated that I provided them with his father's name and told them that he does not support Ty and I do not know where he lives.

Despite the fact that I had received child support for years and submitted medical/dental receipts along with daycare expenses to his Dad so that he could pay his court ordered percentage. Ty was not on welfare and had private medical and dental coverage for years. I was also accused of telling them both that we lived in the studio apartment. It was even reported that according to me or Ty, one of the two beds in the studio was shared by me and Nick. The second bed, which belonged to Nick's roommate Johnny, actually belonged to Ty. Also, Ty's open hand slap became a closed fist punch with a kick. It was also reported that I admitted to knowing about Nick's long criminal history, which was somehow ok with me. I could go on and on quoting their lies -- all of which could have easily been proven false, if given the chance.

The bottom line is, the officer did not have probable cause ... he created it! My son was not the victim of abuse and neglect but assault on a minor. He would later also be victimized by several government employees ... to include the Regional Manager at CPS who boasts that he "Has been doing this for 18 years."

Without money or case exposure, my son is one of many Black and Brown children lost in a very broken and corrupt system. Never in my life have I personally experienced corruption and conspiracy on such a grand scale. This is the exact reason the O.J. Simpson trial divided the nation along racial lines. Blacks know, and believe, and have experienced the effects of what happens when police officers and their co-conspirators lie. It is truly amazing and deeply disappointing to know that their lies are often supported by the District Attorney's Office. I now stand embarrassed to say that I was one of few Blacks that thought O.J. was guilty.

As of April 7, 2006, I lost all hope that these glorified felons would be held accountable for their actions. Eagerly awaiting the criminal trial, since they managed to keep me from the juvenile hearing, I just knew in my heart that the DA's office would do the right thing. Most importantly, I would finally be able to expose every single lie told. It is my understanding that police reports are not allowed in lieu of actual testimony in criminal court. I was desperate to see if the officer, social worker, and regional manager would perjure themselves on the stand.

However, on April 5, 2006, Nick was declared incompetent to stand trial. He was then transferred to a state mental hospital on April 7, 2006. It actually took the state 16 months to declare him incompetent to stand trial ... so there will be no criminal trial! Excellent work, don't you think, by the crooked cops, social workers, attorneys, and DA's office? They managed to prevent all involved parties from testifying in both the juvenile and criminal courts. What creative legal maneuvering! I can imagine them smiling and high-fiving' one another -- Another one bites the dust! Wow, what a close call!

In the meantime, my son is still in foster care. Nevertheless ... his grandmother, aunt, and uncle applied and were all approved for home placement in Illinois. CPS, however, is stating that my sister's home is inappropriate because "It was reported" that I moved to Illinois and now live with her. My mother was denied, according to CPS, with no reason given. My brother was completely removed from the equation with no explanation given. No one will provide us with a copy of the home study evaluation conducted on my mother or brother. My mom flew to California and personally requested a copy of the evaluation conducted in her home but her request was denied by the juvenile court. She then called Cheryl Brister at: (773) 561-6196 X43 to find out why she made the decision to deny her home. Ms. Brister said "Ms. Major I did not deny your home ... I had no reason to deny you or your son ... If there is any funny business going on, it's going on in California."

I feel that California's refusal to release my son is their non verbal way of saying you'd better watch what you say and what you do because we still have your child. My son is an exceptionally gifted child. He is/was above average in every subject, had perfect attendance in school, is extremely athletic, and just a really great kid. I'm sure the current caregiver who previously adopted two other children, would love to continue in the capacity of "mom;" However, this is not right and has never been right. Furthermore, he has a grandmother and uncle in Chicago that have been waiting for over a year now for his arrival now that I have been declared unfit.

CPS has requested that he continue in long term foster care with the current provider. Please help us to expose this injustice. Most importantly, please help us free Ty from foster incarceration.

Signed,
Hoping the truth will set us free

Important Additional Points to Consider

If by some chance Nick is now extremely violent and insane, please answer the following:

• Why after assaulting my son, was he released almost immediately from jail on his own recognizance and allowed to stay out for seven months while going back and forth to court?
• Why was he paroled early from prison in October 2003? Also, why was he paroled to his sister's home who was also a single, working mom with an under-aged child?
• Why was he not paroled to a halfway house or a facility designed to treat mental illness?
• Why was he able to work, attend college, and do relatively well in the classes he chose to complete?
• Why would his father, a Christian and longtime Deacon at a neighborhood church, move him into my gated luxury town home apartment just five months after he had been paroled early from prison ... where he would stay for three months before I put him out?
• Why would his sister, who lived .6 miles from my apartment, pick him up six times per month from my home to attend church -- a church where it was recommended that he be a youth minister, but not inform me that this jail house Christian had some hidden mental problem?
• Why would his Dad, who I would later find out is the payee on his SSI check, not share his son's mental or criminal background with me prior to moving him into my home ... knowing full well that I was a single, working mom, with a nine year old male child?
• Why, if crazy, did he spend the preceding night before the assault (New Years Eve) partying with his new girlfriend? Let's not confuse the lingering effects of what may very well have been drugs and/or alcohol as insanity.
• Most importantly, when I found out that he was on parole, got a restraining order against him, found out who his parole agent was, walked the restraining order into the parole office, shared a copy of the restraining order with the duty officer ... Why was his parole not revoked and him sent back to prison; After all he had only been out of prison for nine months at that time. why would his parole agent call me to advise that she had made contact with him at his sister's home, issued him a warning, and assured me that everything should be ok? I'll tell you why ... according to Nick, his parole agent is the daughter of a longtime member of his father's church.
• Why, when I tried to remove him from my home would the police show up, issue him a warning, and escort him from my home without notifying his parole agent that contact had been made with one of their parolees.
• Why, when he appeared unexpectedly in my parking lot and jumped into my car with my son present, would I drive him to the closest police station for intervention (this being his second contact in one day with the police ... the Barstow incident being the first) and once again the police did not notify his parole agent and his parole, yet again, was not revoked. So I ask you who is actually guilty of negligence?
• Why was he competent to stand trial for every other crime he committed but not able to stand trial for slapping my son? I will answer this question as well -- for fear of the following crimes being exposed:
  
  
1. Racial profiling and discrimination.
2. Violating our civil and constitutional rights along with felony perjury.
3. Corruption and conspiracy as well as defamation and slander.
4. Falsifying police and juvenile court petition reports.
5. Falsifying WIC reports 300 (b) & (g) -- No provision for support and failure to protect.
6. Police and government employee gross misconduct.

If you are a civil rights attorney or know of an attorney that may be willing to help us, please contact me. If not, please circulate this letter and photo attachment to as many people as you possibly can.

Please tell everyone you know that federal laws are being violated all day, everyday in the Riverside California's Juvenile Courts and throughout our country. Police and social workers are allowed to completely fabricate stories in the juvenile court and their falsified reports, unlike in criminal court, are allowed as evidence in lieu of actual testimony. They are not held accountable for their criminal actions. Also, did you know that CPS is not required to serve parents with the actual dates of each hearing? They are only required to make "reasonable effort" to notify parents of the hearings. In my case, "reasonable effort" meant we will not notify her of the hearing date but we will all pretend that she was issued verbal notification. Additionally, any written correspondence will be mailed to parents three calendar days before review hearings ... preferably late Friday evening which would allow only 1.5 - 2.0 days for delivery. Now imagine how great it would be if we were only required to make reasonable effort before suing someone in small claims, civil, or divorce court ... or issues involving paternity or eviction. I speculate that due process would be a thing of the past and all court orders would be the direct result of a default judgment.

I have been told that justice delayed is justice denied, but I will continue fighting. In an effort to expose this injustice, even if it takes me years, I will push for legislation that requires the juvenile court to uphold constitutional laws and civil rights. The violations that are taking place behind the closed doors of the juvenile courts are examples of domestic human rights abuses and this should not be allowed in the United States of America!

If you are a parent, sister or brother, cousin, grandparent, aunt, or uncle, or simply a concerned citizen who has been or know someone that has been victimized by current child protective service laws; please contact me with your story.

It is time to join together in a nationwide, organized and peaceful protest to demand that our civil and constitutional right not continue to be disregarded and trampled on. Do not be ashamed to tell your story. Please find the courage to join me in my fight to keep our nations children protected from the true criminals who knowingly, willfully, and maliciously jeopardize their emotional and physical safety. Many of us are single working moms/dads or "the working poor" and do not have the resources to fight them ... which is exactly what they are counting on. It is time to use our collective voices and pool our resources to demand change!

I am not sure when justice in America became something that only the rich could afford, especially here in California, but it is time for a change! Although we may not have money, we have a voice -- Let's use it!

Tammy

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