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Family Fends off False Allegations and Now Owes Thousands

Posted by: admin on April 4th, 2008
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The Press-Enterprise has this story about a California family, still reeling from the trauma of separation by state social workers…

Kirk and Leslie Udvardi’s four children were born with serious medical conditions that resulted in more than 400 trips to the hospital. When Leslie grew frustrated at doctors’ failed attempts to diagnose her children, she turned to the internet and the Chiari Institute in Great Neck, N.Y., one of a handful of hospitals in the country that specializes in a medical condition that she feared that her children might have.  Doctors at the Institute have since confirmed that the mother’s suspicions were on-target.

But instead of welcoming this input, doctors reported the Udvardi’s to social services, suspecting that Leslie had Munchausen Syndrome by Proxy, a mental disorder in which a parent lies about a child’s illness or inflicts injuries to get attention from doctors.  The social workers intervened, taking custody of the children while they were at school and placing them in foster care for six days, until the parents’ case went to trial.

The judge criticized the county’s expert witness and dismissed the county to have the four children permanently removed from their parents’ custody, but the family now faces a new challenge: paying off the $151,000 in legal fees spent fighting off the allegations.  Even worse, legal standards prevent the family from recouping the costs from the social workers who made the initial allegations.

“Our judicial system has become grossly iniquitous,” Leslie writes in an open letter.  “Medical professionals responsible for unbiased and honest evaluations have the power to devastate and destroy families with no legal accountability.”

In the meantime, the family is struggling to find a way to meet the costs.  “We still have the debt and the emotional scars,” eighteen year-old Samuel says. “Maybe, eventually, I will get over it, but it’s going to take some time.”

  • i believe this country is going to hell the government thinks they can just take over parents rights so that they can stayed employed and the Judges should be proscuded knowing that social workers like to lie on poor people the government is taking away all rights of everything.

    Terri Rote
    Apr 5 at 11:31 am
     
  • the problem is: a constitutional amendment won’t protect parents like these. their rights are already protected under the law. the fight needs to be take to the DHFS depts. themselves. Cases like these have historically been sealed: to protect the “so called” rights and privacy of the children. In reality it protects the DHFS depts. and gives them the privacy to bludgeon families like these without fear of retaliation from the press. And it prevents parents from banding together to pursue their rights in federal courts under class action.These DHFS depts get huge grants of money for these activities with almost no oversight–they have become the new organized crime of our time.

    greg schulz
    Apr 5 at 6:45 pm
     
  • I have represented both some parents and lots of children, and doubt that the proposed amendment would solve the occasional real problem. Absolute immunity in such cases really traces back to before John Marshal wrote an opinion as Justice of NY Supreme Court, before being on Supreme Court, that is still followed, providing absolute immunity from suit to both judges, prosecutors, and witnesses not only in child abuse but other cases. This cuts both ways including cases where judges turn kids back to evil or grossly incompetent parents and they get killed or die.

    In my years of experience on both sides of this docket, while they sometimes to go off half-cocked on bad information, especially in “failure to thrive” cases,” and I have fought in cases where the child had suffered rape, attempted murder, skull fracture, blinded eye, deafened ear, unset broken feet, etc., and coulnd’t get anyone in authority to act despite the evidence, CPS turns out to be right most of the time and to have acted reasonably but on erroneous or incomplete information and expert opinions much of the rest of the time, even in cases I took, sometimes pro bono, because I had been led to believe otherwise.

    I’ve seen too many kids die, and far too many more permanently damaged, by parental neglect and abuse, and by errors on the side of parents by judges afraid of being reversed on appeal, etc. A removal of only six days, per this article, is hardly the end of a parent-child relationship much less the Constitution or the world.

    I’ve been involved in helping conscientous parents try desperately to get proper medical diagnosis and treatment, for rare or erroneous diagnoses, and most can’t navigate that maze, get an HMO or insurer, or state or federal regulators, to act, and get any qualified doctors to even test a child.

    As for $151,000.00 in legal fees and costs, that’s not only outrageous but utterly incredible and unbelievable. Try trying such a case, or any case involving a child, for either side, on what the average single parent can afford and raise sometime.

    This apparently isn’t one, but a huge percentage of children, including those of politicians of both parties, are survivors of sexual and other hideous abuse, much less gross neglect, and we need more, not fewer, trained CPS people and peace officers, etc., ready and willing to act to protect them and pursue their abusers.

    Peter S. Chamberlain
    Apr 6 at 1:55 am
     
  • CPS, the Courts, the Police all were created to serve a purpose. Unfortunately, the people who are given great power (the police, CPS, the Courts) fall victim to emotional attachment one way or another and forget that the most important service they can provide to “the people” is to remain unbiast and practice taking a step back to observe the entire situation and then give attention to all facts, personalities, backgrounds.

    In a nutshell, the people who have power over us and our children in these cases are poorly trained and do not know how to handle the complexities of the real world. Most often they are drawing on their own experience and don’t even stop to think that this may be leading them in the wrong direction.

    We need agencies or watchdog groups to protect our children and ourselves. We also need agencies and watchdog groups to protect us from those who have been given power to devastate or save children.

    I speak from experience. I am still dealing with the fall-out of the neglectful acts of both police and CPS.

    Put your energy into reform (mandatory training, etc.) and redirecting funds to pay for higher salaries and training. Most people who enter the world of Social Work are called to it, they should be trained and rewarded for their calling not persecuted but they should always be held to the highest standard of accountability.

    Chris Riehle
    Apr 7 at 11:28 pm
     
  • It ’s both interesting and refreshing to here some of the viewpoints here. Mr. Chamberlain makes some excellent points, but his bias as a former prosecuter shows. I wonder really, even when he was prosecuting thse cases,how in touch he was with what goes on in these CPS depts. They are feminist run by 20 something, predominantly childless females that have the highest jjob turnover rate of any profession. The supervisors are mid-level predominantly liberal democratic males. They are money-driven by federal grants with almost non-existent federal oversight. We need more oversight, not more of the same case workers. Most parents who have been involved on the business end, targeted by the CPS depts, find their involvement to be superficial and frivolous, not at all helpful. And they have been expanding their involvement, dragneting thousands of families, in a movement they term “proactive.”

    greg schulz
    Apr 8 at 12:36 am
     
  • As a trainer and retired police sergeant, I have had the opportunity to see the devastation to families by child protective service agencies. Based on my experience, I agree that until prosecutors and law enforcement officers are on the receiving end of the abuse by CPS, they will not understand the need for the parental rights amendment. No child should be removed one day from his/her home unjustly, in violation of our Constitution. The Constitution is being chiseled away, bit-by-bit, and if Americans are not careful, we will find another supreme law of the land.

    Most officers and workers receive excellent training. The overwhelming problem is that police agencies cannot effectively police themselves. The same goes for child protection agencies. The amendment should later be revised to include penalties, to override the protection of rogue case workers. For those agencies that do not engage in quality training, the law would then be able to ensure training is conducted.

    Parents need to stand together on this assault of our rights. Further, parents need training to be able to fend off caseworkers at the onset. Parents need to know their legal rights by knowing the laws in the state you reside (and the city). One of the most basic areas that gets most people in trouble is thinking that they can explain situations to case workers and officers. “You have the right to remain silent…” If you are in a custodial situation, remember that. The problem is, most people do not know when they are in “custodial” situations. And it is not “only” when you are in a police cruiser or police suspect interview room. Some colleges have citizen legal universities (such as one recently conducted by a community college in Florida).

    Also, home school organizations need to provide more training to home educators on these matters. These issues go far beyond spanking and seeking medical treatment as parents deem fit.

    The laws should not be exploited to cover the few and violate the many rights of others. There are laws to protect abused children. Adopting the “rights” of children from other countries is a violation of our U.S. Constitution (as they are written in the international law). Our Constitution was adopted to ensure citizens protection from unreasonable searches, seizures, and “home invasions.” There are basic steps parents can take at the onset to stop the huge expense of legal bills in this area. But, again, it requires that parents are trained. As I teach, officers are taught what to say when they go to court. They do not say “I hit the suspect in the arm” or “I used my baton to swing at the suspect’s head.” No, they are taught exactly how to answer under examination. Are parents? Imagine the difference in saying, “I hit my child” or “I spanked my child” versus using the same language officers are trained to use.

    Anyone can become a parent and there are no courses required for it. As such, the basic rights for parents are not known and thousands of dollars are being spent to get out of situations that never should have advanced as they do. And, parents need representation by attorneys who know the ins and outs of CPS (child protective services). Too often, families look in the yellow pages and there’s an attorney who advertises he can do everything from bankruptcy, wills, to criminal law.

    Seek out competent representation who can nip these cases “in the bud” and also, find out the local laws that govern these cases in your area. In most cases, an emergency order is filed. Did anyone go to the emergency order to stop this from progressing (the case referenced)? Usually judges/referees might “go along.” But, if there is compelling evidence at the onset the claims are bogus, a judge may take action.

    And, did anyone file a complaint against the caseworker(s)? There’s a saying, “20% of the people cause 80% of the problem.” Rest assured, a rogue caseworker will continue to be “rogue” as long as no one is filing complaints. Complain until the investigations are overwhelming for the supervisors. And, if you must, complain on supervisors who do not properly investigate. If they are receiving grants, find out if the complaints can suspend their grants. There are things that can be done, but parents must come together to effect change (as well as protect the rights we already enjoy).

    Here is my necessary comment: Nothing in this comment is meant to construe that I am giving legal advice. Each case is different and you must ensure you seek legal representation to protect yourself in your unique situation.

    Retired Sergeant Everhart
    Apr 11 at 12:21 pm
     
  • Re: Retired Sergeant Everhart’s comment: As an average American parent, concerned about my rights, where do I get the information you are talking about? I would really like to know.

    How do you talk to Doctors (as in this case) so they respect your opinions and rights? How do you talk to officers and social workers if being questioned if, heaven forbid, you ever have to? Where do you get this kind of information? How can I find out about all the laws that effect parents rights in our state and city? AND how to respond to them and how to “nip” problems “in the bud” as you put it?

    Is there generally a readily available source? This is all very important information that you’ve alluded to.

    Val
    Apr 16 at 4:36 pm
     
  • I’ve had CPS called on me twice by our pediatrician at the time concerning my younger son. The first time was just after he had gotten out of the hospital for being sick (he had previously been diagnosed as failure to thrive and had been to numerous doctors appointments, different kinds of testing, etc.) They had the nerve to ask me if I perhaps had been forgetting to feed him. (Oh yeah…despite the fact that I was up practically 24 hrs a day trying to get him to eat). The doctors had failed to come up with the reason why he wasn’t gaining weight so naturally they blamed me. The second time she sicced CPS on me was right after I had my baby girl. We had previously put off his therapy for a number of reasons. The first being that we were moving. The second that I became very sick in the last few months of pregnany. I then had my baby girl and two days after I came home with her I started hemorrhaging really bad and had to have emergency surgery to save my life. So naturally I wanted a few more weeks to cooperate and enjoy my baby girl before having the in home therapists come back in. But oh now. The pediatrician didn’t care. So now the CPS was even examining my baby girl and making sure everything was alright with her. So I completely emphasize with those who have false allegations levied against them. Both times the case was closed. I hope we never see another CPS again.

    Cheryl
    Apr 17 at 4:15 pm
     
  • Val, my comments were meant to encourage families who have encountered unfortunate contacts with CPS and other public officials (and hopefully thwart future unnecessary contacts with public officials/servants). The pen can be mighty and one cannot control what is written by others in reports, etc.

    I support having a Parental Rights Amendment.

    Workshops are available through many sources, and, as I suggested above, even local colleges may offer courses on local laws. Your local ordinances and state laws are most likely on the web.

    Ensure you have a good relationship with your physician. This can prevent a lot of problems as well. If you have one, immediately taking your child to his/her pediatrician can counteract an emergency room resident’s opinion. The ER visit may be a one-time assessment of the child and of you - the parent. (It’s usually pretty obvious they are suspicious while you’re in the Emergency Room [even physician’s office] by the way the visit is handled.)

    I asked a nurse, ‘Who would you take your child to?’ when I wanted a referral to a qualified pediatrician (while I was pregnant). She sent me to her grandchild’s pediatrician and I have always been overly satisfied with all aspects of the care provided to my children by the pediatrician. As such, there has never been a problem in communicating with the physician or the support of the physician in the care of my children. None of my questions were treated as insignificant by the pediatrician or partners in the practice. An experienced pediatrician will review the history of the parents (when suspecting something awry), especially if there are other children the pediatrician has cared for. And, if you’re falsely accused, the physician may write a letter to support you (or may even know who successfully represented another case of wrongly accused parents).

    If you already have an issue, it is best to find an attorney “experienced” in dealing with child protective agencies (and their case plans and policies). I am repeating this because this so very important. It’s your money, so you should find out how successful the attorney has been in the past in your area of need. The attorney should welcome your ensuring the attorney-client relationship is a good “match.” A successful attorney will be proud of his/her record. (You can look up the cases - which would be a good idea if you need the “best.”)

    Child protective agencies serve a very important function for the welfare of children across the United States. Unfortunately, there are likely unethical people in every field. It is those people who make the news in wrongfully removing children from their loving families. Personally, I find it unsettling to think anyone thinks no harm is done to a child removed from their family for any length of time. I cannot imagine being taken from my family for any reason. Isn’t security important for children? How would a child know if “they” will take them away again? No, the familial relationship would not end but is that the only measure of a serious negative impact? Imagine the fear parents now have in dealing with their children after having their children taken away before (even though they never did anything wrong)…

    I am cautious who I provide training for because I never want to aid in masking problems from child protective personnel. My workshop materials are very restricted. Sometimes people attend trainings to see how to avoid discovery. Be careful about attending any workshops set up to undermine the protection of children. These workshops could possibly be used in court “against you” if it is known you attended one (and if the goal is to “avoid” the protection of children, you should not attend anyway.

    I believe we need the amendment for parental rights. Since I forwarded the information to my contact list, I have been receiving positive feedback everyday. People have even written me about the Council on Foreign Affairs. There is a need to protect our Constitution, the supreme law of the land, in the United States. We just have to take one issue at a time.

    Retired Sergeant Everhart
    Apr 19 at 9:23 pm
     
  • What about all the poor little children who actually are mistreated or neglected by their parents?

    Why do you want to make life even worse for the most vulnerable of us: the abused child. Your amendment will make the threshold for investgating such cases higher, which unevitably will make it less likely that these children can be protected. Don’t try and tell me the law still protects the abused child, your amendment WILL unevitably lead to the result that fewer abused and neglected children are rescued.

    I must say I care much more about these poor children than about your sickening parental rights.

    Horrified
    Apr 20 at 5:58 am
     
  • Horrified,

    I have not seen anything in this site that supports parents abusing and neglecting children.

    There are already laws to protect children. States have enacted laws that enable caseworkers and officers to take action for children. As such, hospitals, social workers, child protective workers, teachers, police officers, and the ongoing controversy of clergy, all are responsible for reporting the abuse of children. Further, during home school assessments, children are also able to be assessed for abuse by the certified teachers. However, from my own personal experience, even within the year, I have witnessed children returned to homes where drug testing was terminated so a child could go back to the parent and other areas where you wonder what is the policy of the child protective agency. On the other side of this coin, parents see their children taken when they are providing quality care.

    The amendment is to ensure that parents can raise their children without unnecessary governmental (US or international) intrusion.

    The amendment will not take away the laws that are in place to protect children.

    Parents are responsible for their children (and can be held liable for their actions under civil and criminal laws). If parents are not given the tools to fulfill their duties then the responsibility will go to another party. Thus, government control will guide our children. It is not right to hold parents liable and then take away their ability to fulfill their role as parents.

    There are many examples of abuse toward children and I can give you just as many cases of children wrongfully removed. The issue is to provide parents an opportunity to fulfill their roles (outlined in many states laws) by ensuring there is no unnecessary governmental and international control, as I understand the purpose of this site.

    Responder to Horrified
    Apr 20 at 11:10 am
     
  • But the point is, you DO want to raise the threshold for investigating child abuse/neglect…..which unevitably leads to fewer cases of abuse/neglect found…

    Horrified
    Apr 20 at 2:19 pm
     
  • to Horrifed: do you have children? I do and as a parent I know most would not abuse thier children. If you are a parent, how would you like it if say someone who didnt like you called and made something up about you? once CPS is called they have to investigate, so they came to your house and talked to your child and asks him/her “does your mom feed you enough?” this happened to my daughter. she got angry with them and because she did they took her boys.she didnt know her rights they told her she could give them up and they could go to someone she knew (family) or they would take them to El Paso. so she let them go with her sister. it took 2 1/2 months to get them back. she had to be supervised to see them.All of this because a neighbor didnt like her. Her boys will not let her go to the bathroom without screaming afraid she will leave.parents need to have rights over thier children. and goverment needs to have real evidence before stepping into a families lives. I know thier is a real need for CPS and in the cases where there is real evidence of abuse those children need to never be returned to that enviroment. one more small story one day while waiting in the CPS office on my daughters case a woman came in she went to window to explain that she recieved a leter from CPS stating medical abuse so a case worker came out and told her it was because she didnt take her daughter to the dentist. she had paper work showing she did take her but thecase worker said she waited to long. Is this going to far? do you think this is abuse?

    Debby
    Apr 21 at 12:44 am
     
  • Yes I have a child.

    Let’s turn this around: What if the neighbors call CPS because they suspect child abuse and it turns out this is true; Do you want the Child Protective services to be unable to investigate because of lack of evidence?

    Still horrified
    Apr 21 at 8:18 am
     
  • GROW UP!!!!!!!!!!!! children are being taken from good parents and thats what we are trying to get across they make money andlie when they take a child out of a home no matter what state….It is sick we should trust them and they lie so bad it has ruiened a good family and millions of families are going threw this!!!!!!!

    about the person wh is horrified I have the right to be horrified!!!!!!!
    Apr 21 at 9:50 am
     
  • I don’t know what to think about this. While I agree that no child should be taken from his or her family erroneously, I also agree that this amendment would make the threshhold for investigation of true abuse cases higher, thereby prolonging the suffering of abused children.
    I guess I would have to know more about how the proposed amendment would be interpreted and enacted.

    Curious
    Apr 21 at 1:08 pm
     
  • Curious, great comment. I think this is a good site that is allowing a venue to discuss pros and cons. This will ensure the amendment will still protect children while affording protection of parental rights. What I see happening in the blog is an erroneous interpretation of what the amendment is about. It is not about stopping investigations. An investigation would continue by CPS workers. As I understand what I’ve read, the amendment will give judges an opportunity to uphold the rights of parents to direct the education of their children as well as their social development. This is not about hiding from social workers. This is about being able to go to court and say that ‘I placed my child in this particular school because of its statistics. I find there is too much violence in the public schools in our area and that there are character challenges I see in my child that the chosen school can address…’ AND the eight (8) year old child cannot go to court and overrule the authority of the parent and say, “I have a right to a public education and that’s where my friends go so I demand to go to the public school, which is my right.” In this scenario, the school district graduates less than 20% percent of its students and there are armed officers walking the halls. OR, the other situations that have been mentioned like babysitters gaining custody over a child over the parents because there was no protection for the parents in the Constitution. OR, a neighbor thinks your physical education program is too lengthy, yet your children’s assessments are overwhelmingly favorable and a rogue caseworker says it’s physical punishment instead of gym time… I have seen many, many issues, and I have a family member who was a caseworker (and she shared many things with me that the average person would not know about). One of the things she told me about was the money given for the children taken and adopted. I was a foster parent and I have witnessed many injustices.

    Anyone who responds to this site, as a fellow blogger, I ask that you remember, there will always be people who will claim that there are more injustices to a certain issue and denounce the attempt to “change” anything. Change is feared. Those who do not look at the overwhelming evidence mounting against parents being able to raise their children seem to have an agenda of allowing the government to make decisions for our children to raise them as the government sees fit. And, in America, this is not acceptable. Once the government raises your children, the principles this country was founded on are lost. This will not be the land of the free anymore. How can we have men and women dying in Iraq for “democracy” and state that in America we don’t want to ensure that when parents go to court a judge can rule in their favor because there is an Amendment that allows them to do so. The issue IS NOT an amendment that will return children to parents who abused them just because they are their parents. No, the amendment is about the parents having a right to make decisions about the children they bore and are developing into socially responsible adults who will function as citizens in our country. Parents can be sued if their children harm others or another’s property. Parents can be tried in court if their children are truant. But, conveniently, when they exercise any parental authority, people scream abuse and say they don’t care about parental rights, they claim they just want to protect the children.

    Children need their parents and they need guidance and discipline (not beatings of abuse). They need to know their family history. They need leadership by people who know them and know their culture. They need to see what it is to be a man or woman by the example modeled by their parents.

    I had a supervisor once who showed little regard for women and I later found out that he had been abandoned by his mother for the beginning of his life. I say, “Oh, no wonder…”

    Maybe that’s the issue with those who do not know what parenting is really about. Again, that’s confusing abuse with parents who are fulfilling the roles they decided to take on. If anything, when you find parents who want to raise their children, only support should be offered.

    Every law is governed by definitions in the code associated with the law. An absent parent should not be covered under the amendment. This is why I like Curious’s comment. Let’s speak to what the law says and not conjure up that it protects abusers. It’s not an amendment to protect the rights of abusers to keep on abusing. It’s an amendment for parental rights. The Amendment would identify the parent, the rights, and define its parameters.

    Part of bringing up responsible children means doing unpopular things - like saying NO to attending parties when homework is not done, NO to associating with peers who use drugs, NO to staying home unsupervised while the family attends church service, NO to certain television programs that do not promote good character.

    An amendment is not to stop investigations. An amendment provides the legal basis to ensure responsible parents are not having their efforts thwarted and their children snatched away by any idealist who doesn’t agree with parenting techniques (that are NOT abusive). All workers will still be able to investigate abuse. If they don’t know how to conduct an investigation, that’s something that cannot be addressed in an amendment, that’s a training issue for the case workers. But case workers and officers are trained to conduct investigations (and most times children don’t have to be snatched from parents to do it). Most law enforcement departments have a juvenile section that accepts referrals from case workers. Together, the truth can be found. If the truth is admitted, if an allegation is made and it is credible, then there’s no reason why the child could not be removed, now or in the future. If a caller says they just witnessed a child get hit by a parent and is bleeding, an officer would investigate that allegation. Any officer responding on the run would verify the child is alive and look for a bleeding or child imminent danger. If no child is produced (a claim the child is no longer there) or if there is a reasonable belief the child is there and in immediate danger, an officer knows how to handle this situation. Further, a report would be taken if appropriate, and this report would also send a referral to a child protective agency.

    An amendment would not stop the process described above. To think that investigations will not be continued or hampered is not accurate. This is not the purpose of the amendment as I have read the language presented.

    Police agencies have policies on how to follow up. Police are bound to their policies that normally are more restrictive than the law (which means officers have a greater duty to follow protocol if they want to keep their jobs). Failing to properly investigate when a child is in danger would have dire consequences for an officer.

    Let’s keep focused on what the amendment is about, allowing parents to be parents, not abusers to be abusers. There will always be criminals - and no law will be able to eradicate every one of them. If so, then the laws in place now would stop the abusers. The issue is allowing parents to be parents and not the government and international law raising our children. It would concretely spell out the rights of a parent.

    We will continue to have those who cry out claiming investigations would be hampered, but I do not believe that is the case. If so, I believe the Amendment would never pass through Congress (especially with the present state of the erosion of our Constitution - the supreme law of the land).

    Horrified is horrified because he/she is unaware of the process in place to protect children (through law enforcement and child protective agencies), even with a parental rights amendment. I am familiar with the what is in place and the proposed amendment will not present a realistic problem to law enforcement or child protective agencies that know how to do their jobs. Again, if they don’t, then they are already failing abused children and the amendment won’t cause any more damage anyway.

    Don’t Give Up Our Rights
    Apr 21 at 5:09 pm
     
  • Im getting back to the original story here. I too am a mother accused of Munchausen, and Suffolk COunty NY found me and many other moms guilty by the same Dr. I have spent over $250,000 plus have a bill for $188,000. All to have lost in family court and appeal for no legal reason we were told.

    A year after my child removal we found out what was wrong and the Dr placed him on a Gluten Free diet. We also found that in the records there was a positive test for Celiac, that was never discussed. Instead of the courts and CPS seeing the great improvement on diet, they saw it as improvment because I wasnt with him. I was also found guilty of my son having tubes in his ears when he was 2, even though the dr that put them in testified it was necissary. His testimony was later striken from the record along with all testimony that supported me.

    Where does a family turn, we lost everything, we have. I am not allowed with my children and husband for 2 years now. Other people have been through the same exact thing from same dr same judge same county attorney, all have lost. How can we lose to a witch hunt. Anyone any advice how can we stop the system.

    Oh did I mention that there was never any investigation, no warrant, NOTHING. The dr that was Expert witness, reported investigated and testified and even became the treating dr for a while. Nice package for her book she is writting. We had 10 witnesses including dr’s & phd’s, all discredited, they only had 2 witnesses, the Dr and the initial case worker who said he did no investigation, relied on Dr.

    violet
    Apr 26 at 9:13 am
     
  • These cases must be stopped at the onset by having competent, experienced representation. If a particular county is shown to exhibit a disregard of the law, there’s always the possibility of having the case moved to another jurisdiction. To build a case against someone, there must be contact and data provided. What I have seen over and over again is someone forgot that they had the right to remain silent. We forget we don’t have to open doors when there is no warrant. Yes, the caseworker is going to immediately seek an emergency order for removal (and I would hope that the parent would also immediately “cause to be submitted” all information to refute anything damaging). Has anyone reviewed court records to determine truthfulness in the caseworkers?

    Every criminal charge must have the allegations (details of the charges) documented. Further, the charges must fall within the noted violations outlined in the law. What did “discovery” reveal?

    I cannot stress enough the need to have competent, experienced attorneys represent you. I am not an attorney, but I have seen good ones and others I will say who were not good ones. I have seen people go to jail when I know the evidence did not support the charges, yet, the suspects paid attorneys good money.

    What parents do at the beginning of contact is the most important aspect of how a case progresses with child protective agencies and cases that are tried in court.

    In cases I have assisted, the first step was to prove no law was broken and request a dismissal. It is of course denied (as should be expected). The next step is to discredit the case presented, which is usually very easy. Then, request another dismissal. This usually comes a lot easier.

    Before there is a problem, know who your good attorneys are on cases. I found one by asking a retired caseworker which attorneys know how to handle child protective agencies. Before there is a problem, know your pediatricians and have their support. Never be afraid to seek out second opinions. Know what you should and should not do before you talk to caseworkers. How can you even respond before you know what the allegations are?

    How much was the doctor getting for testifying in court in New York? Could that be a reason he “labeled” so many mothers with the disease? Did you undergo a psychological evaluation when this allegation came up? If you were evaluated thoroughly by someone who specializes in the disease, then how could the court believe you had Munchaussen? Are pediatricians able to diagnose it? What training did this doctor have to diagnose you, Violet? They might suspect it, but, does that mean you have it without an examination? This is what I mean by nipping things in the bud. The cases don’t have to go this far if the court has what it needs to rule in the parents favor. Otherwise, children are removed from the home until there is time in the court schedule to hear the case.

    This issue is just another example of how our Constitution is not being upheld. We need to protect our children and parents without giving up our constitutional rights.

    Don’t Give Up Our Rights
    Apr 27 at 12:36 pm
     
  • Perhaps the mothers in New York wrongly accused of the Munchaussen disease could be evaluated to prove the doctor wrong and discredit him from testifying in the future… Any good doctor doesn’t want to be away from their practice where they earn their money (unless they are getting paid well to go to court). Once the child protective agency knows the physician has been discredited, they know their case will not stand up against parents.

    Don’t Give Up Our Rights
    Apr 27 at 12:43 pm
     
  • I had the top experts on MSBP in the Country Dr Eric Mart and Dr Loren Pankratz, and the “peditrician” was the only testimony the court gave credit to. We had a very unfair trial, and then the appeals court affirmed the family court decision.

    How can anyone get justice in Suffolk county NY. I know many families that lost their children especially to the same judge, and nothing is ever done. There is sooo much going on here and these families have no more resources to keep fighting.

    On your other post you said move jurisdiction? How? Right now we have a order that we (husband me and kids) are not allowed to leave the County.

    Bottom line I was never charged with anything, I actually was only given a Judicial diagnoses of MSBP. Even the peditrician tried to scramble around and call it something different.

    I never even had a second opinion for my son, I just followed what dr’s told me to do and I was found GUILTY because this dr said they were wrong.

    violet
    Apr 27 at 5:24 pm
     
  • Key here is were you evaluated and what was the result? Same goes for the other parents. Showing that the doctor is incompetent means the state had no expert witness against you. This doctor sounds like he/she must be discredited.

    The state has to prove its case. If the doctor is not qualified to render a medical opinion, then the state did not prove its case. While the law protects those who are trying to protect children by complaining on abusive parents, it’s quite another matter when the law is being used for career purposes.

    An attorney would have to appeal to a higher court. If you have been evaluated and found not to have the syndrome, you should have a good appeal, especially in light the doctor likely has no credentials to make the diagnosis. You can also file an appeal, but you know the saying about a person representing him/her “self” (especially in serious situations). Why not search the county records and find the cases this “doctor” testified in and all those affected get evaluated to discredit the doctor? It seems very appropriate to file with the medical licensing board on any physician rendering medical opinions in fields they are not qualified in as physicians are first to do NO harm. But, it is important that you are evaluated before you file against the doctor.

    There was a doctor in the 80’s in Dayton who was performing female circumcisions. Doctor after doctor saw the horrifying results of his work but did nothing. Nothing. Finally, the story made national television and only then was the physician’s license revoked. How was he doing this surgery? By having a form slipped into the paperwork while women were having other procedures. I learned a lot about reading everything and marking my papers that no exploratory surgery was permitted. While the medical board may still protect this physician, it’s still good to file. Why? When your story breaks nationally, the licensing board will have to respond as to why this physician has been allowed to render medical opinions that have destroyed families and they did nothing. You never know when someone may do their job when you file a complaint.

    Our legal system does consider rogue courts and you have to use the “system” to achieve your goals. It’s harder to fix a problem once the ball is rolling downhill (and the situation you describe seems to be rolling downhill and crushing many lives).

    Sharing the names and county here is an important step in all parents protecting themselves in your county from these parties. Perhaps an organization can come in and give training in our area. I’ve seen some good work from an officer who speaks at many home school conventions. I think he is retired (and he is closer to your area than our training staff).

    Also, post your story on YouTube and send it to the media with the names and county of what’s going on. Many people check YouTube and will look to see if someone else has gone through a similar situation. Put the doctor’s name right on the YouTube file so that families know right away they need to have their cases moved from that jurisdiction. Once you and the other families have established the “doctor” is off (bad diagnosis), a higher court will more likely allow the case to be moved to another jurisdiction. Anyway you can get the word out, the better. Even if it means a group of you contacting talk show hosts or calling in on the radio during those talk shows. Do you have a television station that has an “On Your Side” function? How about a public television station where you can make your own program? Take an anonymous ad out in your paper to warn parents.

    Appeal to the highest court you can. Pooling all your money together will take the burden off one family. Try to join with others who have experienced what you’re going through and work together to resolve this problem.

    The county sounds like it is relying on parents to act as victims as they come after them with their agenda. Parents have to become offensive. Families need to start putting in place now the offensive to stop what’s going on. Ask your pediatrician to testify. Get training on your rights to slow down the process of what’s going on so you have time to think before they have time to act. Most likely, they will retaliate more against you because you are bringing to light their corruption. Genesis 50 tells us that what they mean for evil, God means for good for us.

    Post what’s going on in the most public places. Call for workshops to inform parents on what’s going on in your county. Is this happening just to home schoolers? Children in private schools? Children from lower income families? Decide who is being most affected and get the word out to them. Most people don’t get involved until it’s too late. They need to be warned what can happen to them if they wait until they are involved to try and solve this problem.

    What would be the financial benefit reaped by the judge? Are the “children for sale” in your county? Seizing children is a different type of slavery when their freedom to live without government intervention occurs.

    Weren’t the children of slaves snatched from their parents as the masters saw fit? Placed (through sales) as their “right” was how history described the plight of child slaves. From what you describe, I see no difference. Aren’t the courts hiding behind what they say is best? Although the Constitution said all men are created “equal” there was still slavery. And now, we see children being taken like property by the government.

    Hopefully, one of these suggestions will bring relief and overturn your unfortunate situation. Certainly, you’ve shined some light here for others to know not to trust Suffolk county at the onset (and to do what’s necessary to ensure success in that county).

    Don’t Give Up Our Rights
    Apr 29 at 1:17 am
     
  • Dont give up our Rights,
    IS there a way I can contact you?

    Maybe you know attorney willing to help me with Civil LAwsuit against the Dr? My old attorney has a class action against Dr but I was taken off because we lost appeal.

    We lost appeal because my son was homeschooled and now he is able to be in school. We currently have to bring our children to school everyday even if they have (as the LG claims) a fever of 108.00.

    The dr was discredited in Queens Family Court, for her lies and demenor. We have already been through all our trials and appeals, we dont know what else to do.

    violet
    Apr 29 at 9:32 am
     
  • Violet, I will be hosting on talkshoe.com in about two weeks. As this post will likely move down as other issues arise, we may not be able to converse here over time. I will be posting under sergeanttrainer and I think you’ll be able to find the post that way. I am concerned about your having further backlash from what I’ve read in your posts. Putting your personal information out there is not wise, especially when I read posts that seem to support the government more than the parents. There are those who believe any court finding, no matter what you say.

    There’s a much bigger issue(than just suing the doctor) being discussed about situations like yours and others described here. I am hopeful that another direction can be taken to assist people like yourself (and that you still have another opportunity to appeal on different grounds). Did you ask your attorney if you are able to appeal to a higher court even if he/she doesn’t want to do that? That would let you know if you have any appeals left. I’d ask for the case number but that’s TMI for your safety and future relationship with the kids. Sometimes, when things are heading down the right street, it’s not wise to complicate the route again. Be careful as you proceed in such a hostile “sounding” county. Anything you do may result in your having even less contact with your children. You’ll have to weigh this because I doubt the issue will be the focus on the doctor but an entirely different matter that needs to be addressed to win an appeal. What’s the attorneys name doing the class action suit? Lying in court is perjury! Anything being done about that? Was a motion entered about this?????????? These are the types of things that have to be looked at to protect others in the future. But, for all things to be considered, the timeframe has to be known.

    Don’t Give Up Our Rights
    May 1 at 12:06 am
     
  • Re: Horrified.
    The writings and attitude expressed show well what parents in this country are up against. A picture is painted of how difficult it is to prosecute people for child abuse. In reality, it’s easy. I’m sure anyone with children who reads this could be scrutinized and then prosecuted, particularly if they have been through divorce and have a vindictive ex-spouse. My point is that there is no one watching the watch-dogs. To call some of these occurences, catalogued on this web-site, accidental misunderstandings or due to “rogue” caseworkers, is like sticking your head in the sand. It’s clear to me that these CPS depts. have become malevolent toward average parents. I’m not sure where this comes from, but it’s clear to me that this malevalence is being fostered. Parents and poor, defenseless children are being treated as trophies with promotions and pay-raises given to the caseworkers who bring in the most fish. It’s intolerable and must stop. Or is all that stuff about “land of the free” and the pursuit of happiness just propaganda.

    greg schulz
    May 4 at 4:06 pm
     
  • Nice good blog!

    Sharon
    Jun 19 at 6:21 am
     

   

   

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