Oct
Kaylee
I am glad things are turning out for the best! I have a story and its just like Kaylee. We live in Elkhart County. Its Elkhart, Indiana. If anyone has advice please let me know…. Here is my store….
My neice is 5 years old who’s father has molested her. My sister is in denial. Her boyfriend is the father. The father has served time in prison for previous child abuse of another child of his. His quick temper and extreme verbal abuse are only some on his behavior problems.
After investigation reported from a caseworker, Elkhart CPS/DCS is convinced the father has molested the child. His punishment assigned by CPS he may reside in the same house with the child, but not be alone with the child. The prosecutor cannot file molestation charges against the father since the child is too shy to speak out and confess to the prosecutor that she is being molested by the father. (even through she already confessed to a therapist by she was not licenced. She was a Certified Therapist they would not take her confession…..) Therefore, the prosecutor informed the family that CPS would help protect the child. I am speaking of my 5 year old niece, still living in the same house as the father. No protection for my niece and her 3 year old brother has taken place from the first report to CPS over a year a half ago.
Recently a doctor specializing in Forensic Science, investigated this case he could not understand why the father would be allowed to live in the same house as these children. By doing so this is placeing the children in harms way. I too do not understand why my niece and nephew have been placed in harms way? Who is protecting these children from the pedophile, if child protective services cannot help the children.
As of Yesterday, October 23, 2007 The Director of CPS Tony Summers called and said that the like too keep families together. And if the other family members like to report allegations they can report it. YOu can report it! But they just take your report no follow up will be done! We have gone thru all new case workers, supervisiors all new staff….. Since the first time this case as been reported. Our first case worker suggested a Family Member go and get their Foster Care Licences. So Two of my family members did that. So in case they needed to take the children they can remain in the family. They are now Licensed in Indiana to be Foster Parents. CPS still has the children be in Harms Way. If anyone has any info or suggestions please let me know.
Thank You so much!!!
Kimberly Griffith
It seems this is the time to stop trying to keep families together and think about a child’s right to safety in her own home. This family reunification is from father’s rights groups that do not have the child’s best interest at heart but the father’s right to his biological material. This case is just another example and there are so many more that if people knew they would be in total shock. it is time this country wake up and stop these father’s from having thier rights to children having theirs.
My heart goes out to your niece and there is a way for SAVE Kaylee to help but there are come conditions I am not sure you meet the criteria only b/c of the mother’s resistance and denial. but email defend children she will have a better idea of what SAVE Kaylee can do for you if anything at all.
Prayers for your neice and you are a wonderful aunt for trying to help. May God guide you in your efforts.
It seems this is the time to stop trying to keep families together and think about a child’s right to safety in her own home. This family reunification is from father’s rights groups that do not have the child’s best interest at heart but the father’s right to his biological material. This case is just another example and there are so many more that if people knew they would be in total shock. it is time this country wake up and stop these father’s from having thier rights to children having theirs.
My heart goes out to your niece and there is a way for SAVE Kaylee to help but there are come conditions I am not sure you meet the criteria only b/c of the mother’s resistance and denial. but email defend children she will have a better idea of what SAVE Kaylee can do for you if anything at all.
Prayers for your neice and you are a wonderful aunt for trying to help. May God guide you in your efforts
You are right! that is what is hold up this whole case. CPS will go to my sister and ask her questions. I can’t believe they can’t see that she is in denial. WHat kind of Mother would tell their 5 yr old you are lying and yell at them at the top of their lungs. You need to tell the truth. Here my neice tells my parents she hates her mother. I don’t blame her. I have two boys. 8 yrs old and 6 yrs old. I would never tell them that they are lying. Besides 5 yrs old does not know how to do the things Kaylyn is doing if someone did not show her how to do.
Thanks again for the support. Please pray for Kaylyn.
We are praying for Kaylyn.
I sent you an email asking for other infomation.
It is difficult and this happens everywhere. Thank you for acknowledging it.
Unfortunately there are more mothers than not that respond this way b/c it will upset thier lifestyle and their reality. Mothers that do believe their children are told that THEY are coaching or lying. No matter what they find a way to support the perpetrator instead of the victim and deny it is happening at all. If a mother does believe her neighbors and friends may turn on her. Today a mother is damned if she does and damned if she doesn’t. The mother’s that protect the perpetrators are basically prostituting their children so that they don’t have to face reality. No matter which is the case it is the victim child that suffers at everyone else’s denial. I believe that in the next 10 yrs it will come more to the surface and the public will be more educated about incest and it’s consquences that affect EVERYONE not just the families it is taking place in. The reprecussions of the mental health of a victim that is not validated we pay for in our taxes most incest victims have psychiatric diagnoses b/c their reality is denied and it causes a split in the personality which makes way for mental illness.
More often than not little girls face their perpetrators while their mother sleeps or sits in the next room semiconscious of the abuse and too narcisistic to have the courage to fight for their babies and you and I must watch the pain in that child’s face everyday. Make no mistake WE ALL know children in our neighborhoods that are being sexually abused tonight.
Your courage may give others that insight and yours and your parent’s courage could save your neices mind but maybe not her suffering. May Jesus hold her to his chest tonight and every night.
Unfortunately if we don’t get this settled. My neice is going too be just like these other abused kids that you see on the talk shows. She is not going to do much with her mother when she is grown up. I love my sister I just want her to get help. Most of all I want my neice out of the situation. I was there when she was born. I cut her umbilical cord. It was not her father. Her father was at work he said he could not be there. Matter of fact he denied her at birth. She was over 1 yrs old before my sister took him too court for child support. He looked at the Judge and said she was not his. Then that is when the Judge ordered a DNA test. He knew she was his. That is one of his tricks. He likes to tell judges that he is pleading not guilty so it takes longer and it delays things. So when the DNA test came back it was 99.9%. So Kaylyn is like my own. But I would NEVER let this happen to mine. I alway wanted a girl so when Kaylyn gets to spend the night with me I treat her like a Princess. I love her too pieces. I want him to rot in Prison. I can’t think of enought things that I would like to happen to him in there. I would even supply the bar of soap for his inmate to take him.. Children should not go thru this.
Kaylyn is speaking out. Each time she does her actions she is calling out for help. Someone in the family has too be her voice. If her mother wants too be in denial that is ok. Let her. But my family is not going to sit back and let this happen. If we have to get an attorney we will. There has too be a way that they (law) tells the father he can’t be around her at all. CPS has spent alot of money on a Polygraph test, Foresnic Scientest, Social thereapist. Which they did the doll study. Everything that they paid for the results come up the same. The only reason he isn’t sitting in jail is because my sister is coasting my neice not too say anything. Every mondays he goes to therapy. This monday she threw a huge fit. I am glad so the therapist can see what kind of rage she has built up inside of her. The other times the father has bought her barbie dolls and movies and other toys. the night before her sessions. SO when she goes into thereapy she will say what a nice daddy she has. You know as well as I do. You can eventually get information out of children. I think eventually she will start talking. I am hoping.
I got 2 emails from you but in the second you said you did not get mine. I resent it. If you don’t get it than check your trash file your email might block it.
that is what Kaylee’s law is going to be about to make these courts and cps have to take these test results into action in the best interest of the child not the fathers rights but the child’s. These father’s rights to their biological material groups are not in the child’s best interest but they are the ones speaking up in Washington DC it is mothers that have to start speaking up. One Mother’s Day we will have a rally in DC for Kaylee’s law once the lobbyist has all the position papers into the actual law. It could take up to 3-5 years before that happens but please get all of your friends and families to support it. Send your emails to Defend Children with your contact info so we can get you on the mailing list for the law once it is up and running this way if it is far in the future we can contact you to notify you of the rally.
This is a smoking gun.
First we have a child who really is at the mercy of her parents. Both and I emphasize both parents are abusive.
CPS does seem to be doing a lot for her and yet nothing. They are not protecting her.
I am sure they know about your sister’s screaming at her and calling her a liar. They also know of his record and recent allegations, they spent a lot of taxpayor’s dollars and yet the child is in harm’s way.
The behaviors here are very odd. For one thing, where are you getting information from? I am just surprised that cps reveals all this information to people other than the parents. Generally, such information is confidential.
You said if need be, your family will get an attorney. What for? You might want to check to see a Chins Petition can be filed for your neice.
Be aware that anything you do can very well mean your sisiter will keep your neice from you and your family and you will not know what is going on and she could get a restraining order against you. It is very very hard defending children but we must.
The reason for the CHINS Petition is your sister’s failure to protect and her further abuse of calling the child a liar and getting angry at her, punishing her for being a victim trying to end her victimization.
Copyright © 2003 CLCI All Rights Reserved
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Frequently Asked Questions
About
CHINS in Indiana
Question:
Answer:
What is a CHINS case?
In Indiana, abused and neglected children are legally referred to as Children In Need of
Services (CHINS). The Indiana Juvenile Code contains ten categories of CHINS. These
categories go beyond the traditional concept of child abuse and neglect. The following
is a brief overview of the CHINS categories:
Child Neglect. The child’s physical or mental condition is seriously impaired or
seriously endangered as a result of the inability, refusal, or neglect of the child’s parent,
guardian, or custodian to supply the child with necessary food, clothing, shelter,
medical care, education, or supervision.
Child Abuse. The child’s physical or mental health is seriously endangered due to injury
by the act of omission of the child’s parent, guardian, or custodian.
Child Sex Abuse. The child is the victim of a sex offense (rape, criminal deviate
conduct, child molestation, exploitation, seduction, sexual misconduct with a minor,
public indecency, prostitution, and incest).
Parental allowance of child’s participation in sex offenses. The child’s parent, guardian,
or custodian allows the child to commit a sex offense prohibited by statute (public
indecency, prostitution, or voyeurism).
Child endangerment of self or others. The child substantially endangers the child’s own
health or the health of another.
Parental failure to participate in school disciplinary proceedings. The child’s parent,
guardian, or custodian fails to participate in a school disciplinary proceeding in
connection with the student’s improper behavior, where the behavior of the student has
been repeatedly disruptive in the school.
Missing child. The child is a missing child.
Child born with fetal alcohol syndrome or trace amount of substance in system. The
child is born with fetal alcohol syndrome, or any amount (including a trace amount) of a
controlled substance or a legend drug in the child’s body.
Child has injury or abnormal development or endangering condition caused by
mother’s use of substances during pregnancy. The child has an injury, an abnormal
physical or psychological development, or is at a substantial risk of a life threatening
condition, any of which arises or is substantially aggravated because the child’s mother
used alcohol, a controlled substance, or a legend drug during pregnancy.
Question:
Answer:
Legally speaking, how does the law define “child,” “parent,” “guardian,” and
“custodian?”
Several of the CHINS categories require proof that the child’s parent, guardian, or
custodian acted or failed to act in a prescribed manner in regard to the child. The legal
definition of each of these persons becomes important.
The Children’s Law Center of Indiana
Copyright © 2003 CLCI All Rights Reserved
2
Child. — a person who is less than eighteen years of age or a person eighteen , nineteen,
or twenty years of age who has been adjudicated a CHINS before the person’s
eighteenth birthday
Parent. — means a biological or adoptive parent. Unless otherwise specified, it includes
both parents, regardless of their marital status.
Guardian. — refers to a person appointed by a court to have the care and custody of a
child or the child’s estate.
Custodian. — means any person with whom the child resides.
Question:
Answer:
Does Indiana law prohibit a parent, guardian, or custodian from using corporal
punishment to discipline his/her child ?
No. The relevant statute states that the juvenile code does not “limit the right of a
parent, guardian, or custodian to use reasonable corporal punishment when disciplining
a child.” The interpretation of the word “reasonable” becomes pivotal. Indiana courts
have held, for example, that whipping a child under the age of ten with a belt is a form
of abuse and an unreasonable form of corporal punishment. In another case, however,
the court rejected the welfare department’s attempt to prevent a mother from using all
forms of corporal punishment. The statute, noted the court, does not prohibit
“reasonable” corporal punishment.
Question:
Answer:
Is there such a thing as “educational neglect ?”
Yes. Indiana law requires that a child enroll in and attend school in the fall of the year
the child becomes seven years old. The child must attend school until one of the
following occurs: 1.) the child graduates; 2.) the child turns eighteen; or 3.) the child is
sixteen or seventeen years of age and is given written consent to withdraw by his
parents and his principal.
While the law does not clearly define what constitutes educational neglect, the
compulsory education law requires a child to attend school every day that school is in
session. A parent would seemingly be neglecting the child’s education if the child failed
to regularly attend school and had no reasonable medical excuse. In addition to neglect
of education under the CHINS statute, a child’s truancy from school may result in
criminal charges as well.
Note: Parents who “home school” their children may defend themselves against a
charge of misdemeanor education neglect by claiming they provide the child with
“instruction equivalent to that given in the public school.”
Question:
Answer:
May a child be a CHINS if the child’s parents fail to provide medical care to the child
due to their religious beliefs ?
In Indiana, if a parent, guardian, or custodian, fails to provide medical treatment for a
child because of the “legitimate and genuine practice” of their religious beliefs, a
rebuttable presumption arises that the child is not a CHINS. This presumption can be
overcome with evidence, of course, and, in any case, it does not prevent a juvenile court
from ordering medical services for the child. The presumption also does not apply in
situations in which the life or health of the child is in serious danger. Medical services
can be ordered for the child before the filing of a CHINS petition.
Question:
Answer:
May the authorities remove a child from the parents’ home without a court order ?
Yes. In emergencies, Indiana law authorizes a caseworker, probation officer, or law
Copyright © 2003 CLCI All Rights Reserved
3
enforcement officer to remove the child from the home without a court order if removal
of the perpetrator by the police will not adequately protect the child. The following
conditions must also be met:
1.) The caseworker has probable cause to believe the child is a CHINS.
2.) It appears the child’s physical or mental condition will be seriously impaired or
endangered if the child is not immediately taken into custody.
3.) There is no reasonable opportunity to obtain a court order.
4.) Consideration for the safety of the child precludes the immediate use of family
services to prevent removal, and
5.) It is not practicable to obtain the assistance of law enforcement in removing the
child from the home. (This will apply only when a caseworker or probation
officer is removing the child.)
When the child is taken into custody and detained without a court order, the county
office of family and children (formerly known as the welfare department) must notify
the child’s parent, guardian, or custodian that the child is being held and the reasons for
the detention.
Question:
Answer:
Are the parents entitled to notice of their legal rights during this process ?
Yes. The office of family and children is required to give a written notice of rights to
the child’s parent, guardian, or custodian when the child is taken into custody or when
the CHINS petition is filed, whichever occurs first. This advisement of rights should
state that the parent, guardian, or custodian has a:
1.) Right to a detention hearing within 48 hours of the removal of the child from
the home.
2.) Right to legal representation; right to present witnesses; and a right to crossexamine
the state’s witnesses.
3.) Right not to make statements that would incriminate the parent, guardian, or
custodian and a right to be told that any incriminating statements that the
parent, guardian, or custodian do make may be used against them in a CHINS
proceeding.
4.) Right to request a case review by the county child protection team.
5.) Right to be advised that a petition to terminate the parent-child relationship
must be filed whenever a child has been removed from the parents’ care and has
been under the supervision of the county office of family and children for at
least fifteen of the most recent twenty-two months.
Question:
Answer:
After the child is removed and detained, what out-of-home placement options are
considered for the child ?
The Indiana statutes direct the office of family and children to consider placement of the
child with a willing and suitable relative caretaker. Relative placement generally
includes a blood or adoptive grandparent, aunt, uncle, or adult sibling. The office of
family and children should screen such relative placements carefully and should request
the opportunity to conduct home studies whenever they seem appropriate. If suitable
relative placements cannot be found, children can be placed in foster care or non-secure
shelter care facilities.
Question:
Answer:
What is informal state action ?
When the office of family and children’s child abuse or neglect investigation indicates
that the child will be safe if left in the home and the parents are willing to participate in
services to remedy the abusive or neglectful situation, the office of family and children
may choose not to initiate a formal CHINS petition. Instead, it may work with the
Copyright © 2003 CLCI All Rights Reserved
4
parents to provide services to them on a informal basis, with little or no involvement
with the court. The two most common types of informal state action are the Service
Referral Agreement (SRA) and the program of Informal Adjustment (IA).
Service Referral Agreement. Under the terms of the agreement, the parents will
successfully participate in, and complete, the rehabilitative services recommended by
the caseworker. The agreement does not require the consent of the child or the approval
of the court. The agreement cannot exceed six months. Before entering the agreement,
the parents must be advised orally and in writing that the office of family and children
will submit the child abuse or neglect report to the Child Abuse Registry if they do not
substantially comply with the terms of the agreement.
Informal Adjustment. Unlike the Service Referral Agreement, a program of Informal
Adjustment must be presented to the juvenile court judge for approval. However, this
can be done without having to hold a hearing. The program cannot exceed six months,
unless extended by the court for an additional six months. The person responsible for
the abuse or neglect must be notified orally and in writing before entering the program
that information concerning the abuse or neglect will be reported to the Child Abuse
Registry.
If parents do not comply with the terms of the Service Referral Agreement or a program
of Informal Adjustment, the office of family and children has the option of proceeding
with a formal CHINS petition.
Question:
Answer:
What occurs at the CHINS Initial Hearing ?
At the Initial Hearing, the parent, guardian, or custodian will admit or deny the
allegations in the CHINS petition. If there is an admission, the court will enter a
judgment of CHINS and set a subsequent date for a dispositional hearing. If the parents
enter a denial to the petition, the court will set a date for factfinding hearing, which is a
trial on the issues.
The court will also decide whether to appoint a guardian ad litem to independently
represent the best interests of the child. If the parents deny the allegation in the CHINS
petition, the court must appoint a guardian ad litem because at that point, there is a
conflict of interest between the parents and the child. There are also other statutory
conditions that require the appointment of a guardian ad litem. Additionally, the court
has the discretion to appoint a guardian ad litem at any time throughout the CHINS
action.
The parent, guardian, or custodian of the child is also apprised of the possible
disposition, parental participation, and financial responsibility that may occur if there is
a CHINS adjudication.
Parents are entitled to be represented by counsel throughout the CHINS process. If the
parents plead and prove indigency, they may request the court to appoint counsel for
them under the pauper counsel statute. However, the court is under no obligation to
appoint counsel. The court retains the discretion to appoint counsel based on certain
statutory considerations.
Question:
Answer:
What happens if the juvenile court finds that the office of family and children has not
proven that the allegations in the CHINS petition are true ?
In that case, the child and the child’s parent, guardian, or custodian are discharged. The
child returns home, and the case is closed.
Copyright © 2003 CLCI All Rights Reserved
5
Question:
Answer:
What is the legal effect of a CHINS adjudication ?
If there is an admission, or if the court finds the CHINS petition true after a factfinding
hearing, the child, parent, guardian, or custodian will remain under the jurisdiction of
the juvenile court. The court will set a dispositional hearing and order the office of
family and children to file a pre-dispositional report, which will suggest treatment and
services for the child and the parents. The court has a wide variety of dispositional
options from which to choose. Thereafter, the court will hold periodic review hearings
to determine if all the parties are complying with the dispositional decree. If the parents
successfully complete their obligations under the dispositional decree, the CHINS case
can be closed and the children returned home. If the parents do not comply with the
dispositional decree within a statutorily defined period, the office of family and children
will file a petition to involuntarily terminate the parent-child relationship.
my new email address is ma_tbc@yahoo.com
sorry a made a mistake ma_tbc@hotmail.com
Penny, what is the email address we send our info to?
defendchildren@yahoo.com
Indiana does not protect children who are victims of sexual abuse unless the perpetrator is a non-relative. If the abuser is the father, then it is a civil matter; and family counseling is recommended. If the abuser is a stranger, it is a criminal matter. If the mother tries to protect the child, chances are she’ll have a custody battle on her hands. Indiana’s Child Protective Services is a misnomer.
The truth is that incest is legal in the US b/c CPS doesn’t stop it, family courts don’t stop it and State Atty’s don’t stop it all of them pass the buck and in the meantime the child is abandoned b/c adults are afraid of incestors and for their own incested families they pretend it isn’t happening and it is all the mothers imagination and if she complains she loses her child all together and when the US finally knows the truth there could be changes but it sure seems like the CPS teams have intimidated any mothers who want to protect their children.
INCEST IS LEGAL IN THE US WHY DON’T PEOPLE REALIZE IT? THE MOTHER TRYING TO PROTECT HER CHILD WILL SUFFER THE CONSQUENCES ALONG WITH THE CHILD IF SHE TRIES TO STOP THE LEGAL CHILD SEXUAL ABUSE KNOWN AS INCEST
WAKE UP AMERICA IT IS AMERICA’S DIRTY LITTLE SECRET
I am so glad to hear that Kaylee is away from that monster! I haven’t been to this website in a long time. I support all of you for doing what you can to protect this little girl and I will keep watching for your final update that Kaylee’s Law has been passed, and that she is freed of abuse. These children deserve a life! Something just has to happen to help us protect our beautiful children!
I just want to say that my heart goes out to you and your niece and nephew. I will be praying for them. Like Penny said, I think that you should e-mail defendchildren, and see if she can give you any advice. I have a situation like your’s. My family is in denial, and they are all nuts too, but I am praying everyday for strenth and courage, just as you should. I will difinitely keep you guys in my prayers. Take care, and God Bless you, Sammie.
CORRUPTION IN BERRIEN FOUND THIS EVERYONE YOU HAVE TO SEE THIS!!
http://www.geocities.com/CapitolHill/6260/casshist.html
FRAUD AND CORRUPTION
WITH CASS COUNTY FAMILY COURT
43RD JUDICIAL CIRCUIT FAMILY COURT FOR THE COUNTY OF CASS
110 North Broadway Street, Cassopolis, Michigan 49031
(269)-445-4452
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A Brief and Incomplete History of Cass County Corruption
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Since I have posted these Cass County web pages there have been very interesting things happen. Most important, is that I have been able to make contact with others who have similar concerns and problems with the Cass County Friend of the Court, Cass County Children’s Protective Services, Scott Teter, Margaret Chiara, Judge Michael E. Dodge, Judge Paul A. Deats, Judge Susan L. Dobrich, certain specific attorneys and various family counselors and therapists connected with specific Cass County area cases.
It is my hope that these web pages will eventually lead to full and competent investigations into the fraud, corruption, and official misconduct of Cass County. I encourage others to continue to “spread the word” about this web site and to contact me with their personal experiences with Cass County. It also appears that there are similar concerns with St. Joseph County and Berrien County as well. For that matter these are problems not necessarily specific to Cass County alone.
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Another interesting item of note is that a local Cass County Attorney, Daniel French, has threatened to file a lawsuit against me with regards to this web site:
LAW OFFICE OF FRENCH & LAWRENCE
By: DANIEL H. FRENCH (P13701)
Attorney for the Defendant, Nancy L. Rice
139 South Broadway, PO Box 249
Cassopolis, Michigan 49031
(616)-445-2409
(616)-445-3992 (Fax)
Scott Teter and Margaret Chiara were, at one time, with the Law Firm of French & Lawrence.
There is no doubt in my mind, and supported by evidence, that both Daniel French and William Lawrence will instruct a client to lie when it is convenient to do so. Both of them will ignore the obvious falsities and lies of one of their clients.
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Some of the people who have contacted me seem to have several consistent, concerns, or complaints, in common. One of the more common complaints is not being informed by their own attorney as to when a court order actually enters. When a client inquires and finds that even their own attorney seems to be confused as to when a specific court order enters I simply tell them to go to the court clerk’s office and ask to see their own case file. There have been a few cases where the court clerk is visited and not only is the court order in question already entered but the proper paperwork stating that notice was given and even the proof of service is also in order.
I have also been able to document [without any room for doubt whatsoever] where evidence is being removed from the court record. Properly filed motions are also removed from the court files, including the related proof of services.
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Some of the people who have contacted me refuse to come forward and have specifically requested that I not reveal what was relayed, or provided to me. I do not blame them at all for having these concerns for it is more than justified and reasonable to fear repercussions from a corrupt county government that somehow seems to have some sort of “protection” above and beyond the immunities already in place for far too many public servants and court appointed experts, or attorneys appointed by the court to represent children. Some of this “extra protection” seems to come directly from Governor Engler’s office. There is no doubt that Governor Engler has “other interests” in Cass County as all one has to do is look at his gubernatorial appointments to see that this is true.
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Other consistent problems with the processes and procedures of the Cass County Court are:
1) Reports and Recommendations ordered by the court are not made available to the affected parties until the very last minute. More often than not, if a report or recommendation is ordered by the court and a hearing is scheduled for a Monday then the report, or recommendation usually is not made available to the parties, or the parties attorney until late in the day on the previous Friday. I have seen many times where a person comes to court expecting a scheduled hearing to take place, yet many times these people are seeing the report and recommendation for the very first time within a half an hour before the scheduled hearing. There should be legal reform to specifically address this so that the Friend of the Court and any other professional report must be completed at least two weeks prior to a scheduled hearing on the issues that initiated the court to order such reports.
2) Litigants in many of the more contested cases have paid significant retainers to their attorneys who do not pursue discovery issues in a timely manner and actually prepare for scheduled hearings without timely pursuing discovery related requests and issues. In other words many attorneys simply are not prepared when they should be. I suspect that the reason for this is that the attorney knows that there will most likely be a settlement reached and accepted, or an adjournment, if a settlement is not reached. Having worked in a law office myself I can see why an attorney would not bother to actually do the work they are billing for when it is much more likely to have a client agree to an out of court settlement within minutes of a scheduled hearing.
3) Many litigants are approached by their own attorney within minutes of a scheduled hearing only to be presented with: “The other side has made an offer to settle this out of court, and by law I am required to discuss that offer to settle with you!” This appears to be rather common and the result is that many litigants are given only minutes to consider a decision that will affect them the rest of their life. There needs to be legal reform on this issue in that once a matter is set for hearing the court should also order that any attempts to settle must be made two weeks before the scheduled hearing, or be prepared to go ahead with the scheduled hearing, or request an adjournment. It should be illegal and unethical for any attorney to wait until the day of the hearing to present settlement offers for the first time to any client.
4) Many attorneys who participate in these last minute “offers to settle” do not explain to their clients that accepting such an offer is also a waiver of a right to appeal. The court often deals with this by asking the affected person if their attorney has explained the conditions and terms of the settlement, yet rarely also goes on record with clearly asking the litigants if they also understand that they are also giving up a right to appeal by accepting a settlement offer in this way. There needs to be legal reform on this issue in that the court, itself, needs to go on record explaining to the litigants that “by accepting this offer to settle you understand that you are waiving your right to appeal!” Instead, as I have found a court will simply ask the litigant, on record, “Has your attorney explained the provisions of this agreement to you?” and “Do you understand the conditions of this agreement?”
5) Offers to settle are made on record and yet the resulting order that is submitted, or even entered, is not exactly what the litigant was told would be the provisions and conditions of the settlement and order. In fact some attorneys actually submit orders they know are not consistent with the agreement in hopes that the time will pass without objection and cause an order to enter that sometimes has additional provisions that were not even discussed during the settlement.
6) Some court orders that enter are so vague that even a legal scholar would have difficulty interpreting the intent and details of these orders.
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Another issue about this web site: Congressman Cameron Brown has also personally informed me of his distaste for portions of this web site. During this conversation with Mr. Brown it became more than obvious that he had not personally seen this web site but somehow knew about it and obviously would rather take the word of others, for what it contains and why, rather than look at it for himself. I highly suspect that Mr. Brown has made inquiries and wants this web site, my daughter’s rights and welfare issues to just go away. I think Mr. Brown now knows that I am right, Cass County is very corrupt, and he probably got “special instructions” on how to deal with me, my daughter’s rights, and this web site by either other higher ups in the Republican Party, or possibly from the Office of Governor Engler. But in all fairness to Representative Brown, he did call me and apologize for his previous misunderstandings before I became aware of certain things that I will go into much more detail further on down this page. At least Representative Cameron Brown cannot say that he has not been given an opportunity to review the evidence I have of Cass County Corruption. Why he refuses to look into it as an elected representative of the public trust is a question I must ask. Is he loyal to his own political party rather than the people he serves?
Senator Harry Gast also falls into this category. Senator Harry Gast is quite capable of requesting investigations into public corruption. Why he chooses not to do so is perplexing since he has also been given more than several years of opportunities to have a personal look into the available evidence.
Congressman Fred Upton is yet another Republican from this area and I have had many contacts with him and his office on these and other issues.
I have made it clear, very clear, to all my elected representatives that I think it would be very appropriate to support public hearings, Congressional Investigations, or Grand Jury Investigations with regards to official misconduct, fraud and corruption in Cass County, Michigan, or Children’s Protective Services not only in Cass County but Statewide and Nationwide, and what is “touted” as due process by our elected representatives and what is available as documentation and evidence that they have no idea what they are talking about when they insist that the courts have a priority for due process and children’s rights. Senator Harry Gast, Representative Cameron Brown, and Congressman Fred Upton really do not want to talk with me anymore. I assume that the reason for this is that they want to stay “comfortably ignorant” of the available evidence and facts that what they believe, or represent to the public, is going on with the legal system, the courts, and many administrative agencies is not true.
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I have been asked, from time to time, about my opinion of Cass County courts and one of the things I highly recommend is that anyone who attempts to make an objection, on record, would be well advised to also make that objection in writing and file it with the court clerk and serve copies of the written objection on all other parties with a proof of service also properly filed with the court clerk. Otherwise, you may find yourself in the Court of Appeals and they will not be able to find any record in the court file that you have preserved an objection, or issue, for appeal and your objection and/or issue will not be considered by the Court of Appeals.
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I have also since learned that there is a person in with the Attorney General’s Office in Lansing, Robert Ianni: [Note: this is not Robert Ianni's real address but it is best to let the main office of the Attorney General know he is being contacted and what better way than to let the main office forward his mail.]
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Robert Ianni, Deputy Attorney General The new Deputy Attorney General is Carol L. Isaacs
G. Mennen Williams Building, 7th Floor
525 W. Ottawa Street
P.O. Box 30212
Lansing, MI 48909
(517)-241-6565
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There is no doubt in my mind that Robert Ianni has heard more than several complaints about criminal conduct with officials in Cass County. There is no doubt in my mind that Mr. Ianni has seen credible and reliable evidence of this corruption. There is also no doubt in my mind that Mr. Ianni was with the Office of the Attorney General before the present Attorney General, Jennifer Granholm, and he will probably be with the Office of the Attorney General when the next Attorney General takes office. If you have credible and reliable evidence of official misconduct and corruption, Mr. Robert Ianni will ignore it as best he is able and has become highly skilled at doing so.
Robert Ianni will not, most likely, ever actually indict official misconduct, especially in Cass County, no matter what the evidence. He has a fine record of “turning a blind eye.”
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On April, April 14, 1995, in Section: NEWS Page: 8A the Detroit Free Press did an article on Brent Bierma and Cass County:
Here again I need to be careful about mentioning names but I am going to quote part of the April 14, 1995, news article:
The state has conducted five investigations or reviews of Cass County DSS policies; nearly two dozen violations of state regulations were uncovered.
A local Child Protective Services worker resigned in a letter that said: “The total disregard of the impact our decisions make in the lives of our clients . . . displayed in the flippant way those decisions are made and then reversed is beyond what my ethical standards can tolerate.”
A Juvenile Court judge angrily ordered Cass County DSS to return two children to their foster parents and ordered that a “neutral county DSS” office, such as Berrien or Kalamazoo, supervise the case.
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Cass County Children’s Protective Services, Brent Bierma, Marilu Franks, Tony Appleyard, and others:
There is no doubt in my mind, and I have obtained the records and the documentation that there were other complaints made to Children’s Protective Services on behalf of my daughter prior to Cass County Children’s Protective Services placing my name on the Michigan Central Registry.
When I received the paperwork, required to be provided to me by law, these prior complaints were absent from this paperwork. Administrative Law specifically provides that all previous complaints are to be listed when a person is placed on the Central Registry. [Please note that the law may have changed since then, but at the time there is no doubt that this was the published administrative policy in effect at that time.] One complaint was made by a medical doctor, one was made by a school teacher, and one complaint was made by a baby-sitter. What is even more unusual is than none of these people knew each other, yet they all made quite similar, or at least consistent with other previous known reports, indications that Cass County Children’s Protective Services knew, or should have known, was more than indicated, but previously reported.
Cass County Children’s Protective Services continues to ignore its own protocol and state mandated policies, yet even the Director of the Family Independence Agency seems to be totally unaware that Cass County has been found negligent in the past, and continues to do otherwise, or as it sees fit with the support of Scott Teter and Judge Dobrich and Judge Dodge. There is no doubt in my mind that Judge Dodge, Judge Dobrich and Scott Teter are aware of these “prior problems” and when another case comes their way that only shows that there is a continuation of these discrepancies they become quite “ignorant” and unaware of the record. Why should they worry? They have immunities and can do anything and make any mistake they please and they certainly do not have to consider the previous record, especially if a litigant does not take notice of them and make these known while they all seem to have the protection of having no memory of previous Court of Appeals decisions and the previous record.
What is even more sad, about the paragraph I just wrote above, is that the press seems to be quite willing to forget the previous covered news and news articles about these problems and the consistent problems and continuing involvement of past relationships with these cases.
If I am able to make inquiries and come up with witnesses, documentation, and find an abundance of consistencies why can’t the State Police, the Attorney General’s Office, the Children’s Ombudsman, the Judicial Tenure Commission, or the Attorney Grievance Commission or a competent oversight agency, or even a competent Congressional Hearing.
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Margaret Chiara:
I would like to add, why can’t the Department of Justice also find the evidence of corruption in Cass County and that brings me to Margaret Chiara the newly appointed US Attorney for Western Michigan: http://www.usdoj.gov/usao/miw/press/MChiaraPress.html
This is a copy of an announcement from President George W. Bush:
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For Immediate Release
Office of the Press Secretary
August 3, 2001
President Bush to Nominate One Individual to Serve in His Administration and Six Individuals to Serve as United States Attorneys
The President intends to nominate Margaret Chiara to be United States Attorney for the Western District of Michigan. She has served since 1999 as the Policy and Planning Director for the Office of the Chief Justice of the Michigan Supreme Court. From 1987 to 1998, she was Administrator of the Trial Court Assessment Commission, and she was a Prosecuting Attorney in the Cass County District Attorney’s Office from 1982 to 1996. Before joining the District Attorney’s Office she was an Associate with French and Lawrence in Cassopolis from 1979 to 1982. She received her undergraduate degree from Fordham University, a Master’s degree from Pace University and her J.D. from Rutgers University Law School.
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Governor Engler recommended Margaret Chiara to President Bush and also attended the ceremony when Margaret Chiara was sworn in as US Attorney. The Dowagiac Daily News covered that news story.
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Now, as far as my research indicates, if there is anyone who should have personal involvement and personal knowledge of the extent of public corruption in Cass County, it is Margaret Chiara.
It is most appropriate to state that when I was summoned to court on child abuse and neglect charges in January of 1996, it should be noted that it is most typical that anyone summoned to court in a like manner would usually initially appear before a Referee, who would be Mark Herman in this case. In my case, my initial appearance was before Judge Susan L. Dobrich and Margaret Chiara personally appeared to represent the Office of the Cass County Prosecuting Attorney.
What I was to eventually discover in March of 1997, was that Cass County Children’s Protective Services, or more specifically Marilu Franks, and Jennifer Lester of the Cass County Friend of the Court, and Scott Teter who was then the Assistant Prosecuting Attorney knew that I was falsely accused of criminal sexual conduct in a conspiracy between Marilu Franks, William Lawrence of French and Lawrence [Margaret Chiara's old law firm] and Jacqueline Carter of Woodlands Behavioral healthcare. These people were personally involved, or had personal knowledge, in the conspiracy to have me criminally charged with sexually abusing my daughter in October of 1994, and yet when I was brought into court in 1996, they all had no knowledge of the facts, and the evidence, and the record, but were quite content to see me additionally, and yet again, falsely accused so as to separate me from having any contact with my daughter in order to protect themselves from possibly being able to “put all this together” and ask for lawful discovery which would have given me access to the facts if these people had any morals and would lawfully comply with my right to ask for records, documentation and have what is legally known as discovery.
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Even though Judge Susan Dobrich and Scott Teter both have personal knowledge of prior official misconduct in Cass County they both apparently are somehow obliged “not to see” that official misconduct and corruption continues in Cass County. Perhaps this will change when Governor John Engler leaves office.
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Scott Teter:
Bio: Scott Teter was elected prosecutor of Cass County, Michigan in December of 1996. He is a member of several committees including the Prosecuting Attorneys’ Association of Michigan (PAAM) Family Court Committee, the PAAM Child Support Committee and the PAAM Elder Care Committee, and has also served on the PAAM Board of Directors since 1999. Scott is chair of the Cass County Task Force on Child Abuse and co-founder of the Cass County Domestic Violence Task Force and the Cass County Elder Abuse Task Force.
From 1992-1996, Scott served as the Assistant Prosecuting Attorney of Cass County. He specialized in domestic violence, child abuse, and CSC cases. He was also partner in a general practice firm, French, Lawrence & Teter, where he specialized as an attorney for children in Probate Court.
Scott’s faculty experience is quite extensive and includes the following training:
Domestic Violence/Homicide Prevention
(statewide training)
PAAM
Domestic Violence Trial Advocacy (statewide)
PAAM
Child Abuse Training (regional)
Family Independence Agency
Child Abuse/Neglect (statewide)
Family Independence Agency
Felony Non-Support Prosecution Training
(statewide)
PAAM
Felony Non-Support Pros. (statewide)
Michigan Family Support Council
Elder Abuse/Financial Exploitation (statewide)
PAAM
Elder Abuse/Financial Exploitation (statewide)
Governor’s Agency on Aging
Domestic Violence in Rural Communities
(nationwide)
APRI
Domestic Violence/Sexual Assault
Alabama District Attorney’s Annual
Conference
As a testament to his skill and dedication as an attorney, Scott has received several awards as well. He was the recipient of the Michigan Family Support Council’s “Prosecutor of the Year” award and PAAM’s “Faculty of the Year” award in 1997. He has also appeared as a guest on the Today show.
Scott received his Juris Doctris from Thomas M. Cooley Law School in 1987. He graduated from Kalamazoo College with a B.A. in 1984.
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I found the above Scott Teter bio off of the Internet.
Scott Teter enjoys such other “privileges” and “perks” such as having Douglas E. Howard, Director of the Michigan Family Independence Agency come to Cass County so that Scott Teter may have his picture taken with Mr. Howard for the press. [Please remember that Governor Engler personally appointed Douglas E. Howard as director of the family Independence Agency. It should be noted that Mr. Howard also takes a personal interest in Cass County in other ways as often found in news items]
There is no doubt in my mind, and supported by evidence, that Scott Teter himself knowingly presents false allegations in court and when these are brought to his attention he refuses to correct his own obvious errors.
There is no doubt in my mind, and supported by evidence, that Scott Teter knowingly calls witnesses to testify that he knows will lie, or commit perjury “and support his case.”
There is no doubt in my mind, and supported by evidence, that Scott Teter will falsify records and interfere with investigations into misconduct of Cass County.
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There is another Governor Engler appointment of a woman from St. Joseph, Michigan. Gloria Gillespie of Assault Recovery Associates has been appointed to the Child Abuse Task Force, as was Judge Susan Dobrich. These two women go back to connections to other cases even before Susan Dobrich became Judge.
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For more information about the appointments made by Governor John Engler please visit the Michigan State Web Site: State of Michigan and Engler Appointments
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Judge Susan L. Dobrich:
Governor Appoints Members to Task Force on Children’s Justice:
Susan Dobrich, of Edwardsburg, is Probate Judge of Cass County. She has been re-appointed to represent judicial officers.
Susan Dobrich was formally with the Law Firm of Westrate and Holmstrum. She was also with the Cass County Prosecutor’s Office for a period of time before becoming the Probate Court Judge.
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Susan Dobrich is married to Tom Atkinson who is the Chief of Police for Dowagiac, Michigan. Tom Atkinson’s sister, Barb Wilson, is the judicial secretary and assignment clerk for Circuit Court Judge Michael E. Dodge.
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Based on information relayed to me which some of it I am not at liberty to reveal, but based on my own experiences with Judge Dobrich in my daughter’s case I am certain that it will become apparent that she has been strategically placed to “ignore” any continuing evidence of misconduct with Children’s Protective Services and Cass County Community Mental Health.
I think that a clear pattern has been established that Judge Susan Dobrich specifically conducts the cases in her court to minimize the potential that this official misconduct will be noted on record. As Daniel French has said to me: “This will not happen in this court!” It is quite apparent to me that she Judge Susan Dobrich had personal knowledge and has personally been involved in previous Cass County scandals, yet she remains specifically “naive” to obvious continuations of these criminal acts of many of the very same people and other Cass County agencies involved in this corruption.
It is difficult to say, but if Governor Engler is not permitted to continue his influence with certain Cass County issues and cases and Lt. Governor Dick Posthumus does not get elected as the next Governor of Michigan, I believe that Judge Susan Dobrich will not be enjoying the protections she currently has with regards to her own judicial misconduct. This is hard to tell, for sure.
It is most obvious that Judge Dobrich has no regard for the facts of a case and will actually enter written opinions and orders that cannot be supported by the record in some cases. It would appear to me that Susan Dobrich also has been given “special considerations” by Court of Appeals Judge Richard A. Bandstra. It is most difficult to rely on specific information as to how these influences are “played out” but there does seem to be a connection with cases dating back to when Nannette Bowler who was once with the Children’s Law Center in Grand Rapids. These connections are most obvious after reviewing prior cases in Cass County.
I have been able to document certain cases where Judge Dobrich has very questionable communications with expert witnesses, perhaps to instruct and influence the witness by these questionable ex-parte communications.
Perhaps one of the more apparent abuses that Judge Susan Dobrich continues with is her allowing discovery abuses to be carried out by the Office of the Prosecuting Attorney and certain other lawyers in Cass County.
There is a considerable amount of information I specifically have obtained involving Judge Susan Dobrich, however since I have received many unfavorable decisions from her court I will be accused of having a “disgruntled attitude,” however thanks to this web site others are coming forward and that soon can be revealed.
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I hope Judge Susan Dobrich someday finds these words. Judge Dobrich has destroyed my daughter’s childhood and did so in order to protect those people in Cass County who have been investigated before and Judge Dobrich knows this is true and also knows even then these issues have been “swept under the rug.” There is no doubt in my mind that Judge Dobrich knows what I am talking about and I am hoping that the day comes when the public will see what sort of immoral, bureaucratic, corrupt judge Susan Dobrich really is.
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Judge Dobrich has permitted Woodlands Behavioral Healthcare and Cass County Children’s Protective Services and Scott Teter to literally rewrite my daughter entire medical history, when the true records were available, so that these corrupted people could “win a case” and protect a person named Nancy Rice who these people knew had an extensive history of known prior abuse and neglect towards her other children. Judge Dobrich has allowed Woodlands Behavioral Healthcare and Cass County Children’s Protective Services and Scott Teter and the Friend of the Court to literally ignore these several previous children’s protective services complaints made on behalf of my daughter by a school teacher, a medical doctor and others. Judge Dobrich has ignored the fact that Cass County Children’s Protective Services and Scott Teter suppressed and actively “covered up” evidence that would have helped my daughter out long ago. Judge Dobrich allowed this so that these people would not have to have their reliability, morals, ethics and credibility placed into question.
I have every hope that there will be a time when the criminal acts of Scott Teter, Susan Dobrich, Michael Dodge, Marilu Franks, Tony Appleyard, Brent Bierma, John Magyar, Daniel French, William Lawrence, and many others are no longer tolerated by those people who are elected, or appointed and have taken an oath to administer the public trust and by the public citizen in general.
As for the attorneys I have had represent me in the past it is unfortunate to now realize how simple it would have been to file a Motion for Superintending Control and how easy it would have been to force Judge Dobrich to look at the real evidence and not the manufactured fabrications her “cronies” present to her while she is presiding as Judge.
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There are a number of other people associated with the Cass County Child Welfare structure and Family Court who have very questionable ethics. I have come across the name of Dr. Schirado of Kalamazoo who has been used by Cass County Children’s Protective Services many times in the past and I would highly recommend that this person be required to do his assessments only while being videotaped. It appears that Dr. Schirado is quite capable of submitting any recommendation and report that specifically suits the purposes of those who are requesting his services. It is amazing what is actually presented to the courts and to the public as competent piece of professional work.
There are several more names of people that continue to be involved with more current cases as I am contacted by people who have seen this web site.
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CASS COUNTY ADOPTION AND POPULATION DATA COMPARED TO OTHER MICHIGAN COUNTIES
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There also appears to be quite a high number of adoptions taking place in Cass, Berrien, and St. Joseph Counties: Click Here for a brief description and adoption data figures for selected counties in Michigan.
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As for the number of adoptions from these counties it is almost always consistent that children are taken from “low income” families whose parents cannot afford lengthy litigation. Another interesting aspect of many of these cases in Cass County is the number of adjournments, continuing referrals for reports, or an additional expert opinion, and other delays that indicate a pattern and many of these cases [which I suspect are questionable cases to begin with] last for more than two years.
It would be quite a simple matter that if Cass County Children’s Protective Services would have credible and reliable evidence of neglect, or abuse, then the prosecuting attorney would take that case into court and present the evidence. However, many of these cases appear to rely upon evidence, or expert opinion, that has been developed after the cases are initiated. I believe it more than appears consistent that a particular process is not to establish credible and reliable evidence on the record, but to suggest that it may exist and to “wear down” the accused with additional costs for assessments, referrals, and costly “supervised visitations.” An alternative to “supervised visitations” is for the court to actually, in effect, allow the accusers to be the supervisor of these visitations.
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Five years ago if someone would have suggested to me that the child protection and child welfare system has been systematically restructured by many who administer these programs so that children may be processed for profit I would have surely thought this to be an insane idea. However, as I have learned quite well, the truth is that the current child welfare structure and system has been restructured with a priority of profit over the protection of children.
You can look at just about any county and see a local office of a Department of Children’s Protective Services that contracts many services through a Community Mental Health Agency and additionally other Family Counseling Services. The Community Mental Health Agency is usually privately owned and employs far more staff than it could reasonably pay the wages for on “walk in” paying clients alone.
In order to “profit” children are needed to “process” and maintain income for these agencies. These children come through court referrals, or Children’s Protective Services referrals. All interviews and counseling is provided in “exclusive confidential settings” and those people performing these services not only have immunities from civil lawsuits, but there is really no way “built into this system” to preserve evidence that reliably, or accurately monitors what really goes on.
The legislature has not defined in clear legal terms what a “psychological evaluation” is. The courts, through decisions and case law, have not defined in clear legal terms what a “psychological evaluation” is.
In that same sense neither the legislature or the courts have defined in clear legal terms who is qualified to perform these services for Family Counseling, Assessment and Evaluation purposes.
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If I have learned anything from my experiences with corruption is that our children are no longer being taught in schools the elements of their rights and about the functions of our legal system and juries. Most importantly our schools and social studies programs, or social sciences, are not providing a realistic approach to the existence of public corruption. As far as the average citizen is concerned it appears to be quite proper to have people on the “public payroll” enjoy not only immunities, but also perform these services in secrecy, or confidentiality. It is no wonder that when the public is not taught the basic principles of law and due process, then the public servant, the courts and the elected are certainly “carefree” to ignore these principles also.
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Please revisit often as this web site will be getting some significant updates in the future.
WHAT ABOUT KAYLEE???????????
I say…..fight for custody. Get the children out of that home. The mother should be ashamed of herself for even allowing him to stay. That right there should deem her unfit!
Kimberly it has been a while but what is going on with your neice? have you received any help yet? how is she doing? please give an update.