Constitutional Questions: Pennsylvania Child Services

[HillbillyHippie]

I have a matter in which I need some help or advice concerning Pennsylvania Children and Youth Services (CYS).  Anyone who can offer help or advice would be greatly appreciated as I am confused and I can not afford a lawyer at this time.

The basic facts:

I am the biological and legal father.
I have one daughter who is going to be 13 years old this month, who is mildly autistic.
I am not married, nor have I ever been, and I am not residing with her mother.
The mother resides in one county and I reside in an adjacent county.
The mother and I have shared legal custody, she has primary physical custody (4 days a week), and I have partial physical custody (3 days a week).  In the summer we each have her every other week, so that she gets her approximately 36 more days a year than I do.  This was done by court order of an agreement we both came to and agreed upon.  It has been in effect for nearly 7 years now.
We both pay for our daughter during our times with her and provide all the necessities during such times.  When “special” items or services are required for her we split the costs.  Pretty much we do everything 50/50 for her best interest and for our own.
Our court order also allows us to swap around dates and times and pretty much do anything we agree on verbally including sending our daughter with the other for any amount of time if we would choose to do so.
The mother has 3 other children with another guy (she's not married to him, nor does he reside with her) who is not a very attentive or agreeable father.  In my opinion he is useless (he does nothing to help her out).
Those 3 other children (a 5 year old boy and 3 year old twins girls) are extremely disobedient and frankly act like demons from hell.
Our daughter is extremely obedient and well behaved.

The case:

The mother has gotten CYS called on her and they now have a case open on her for her inability to keep the children in the home (they run away – but not my daughter), and they disobey her.  She has asked CYS to get her help and help her in getting control over her situation (she's not the sharpest knife in the drawer).  CYS has responded by creating a “Family Service Plan”.

This “Family Service Plan” includes me on its pages and demands I do certain things and that failure can result in “placement”.  This “Family Service Plan” does not mention anywhere that my daughter is disobedient, nor does it mention anything about me and the reason for my needing to be included in this “plan”.  The mother signed it, but neither I nor the other father signed it.  In fact, neither of us participated in the meeting.  I don't know about him, but I never received any notice of it and I wouldn't sign away my 4,5,9, and 14 Amendment rights by signing it anyway (which is what it is asking).

It suggests that our daughter will be placed in “foster care” or a “kinship foster home” (an oxymoron) if the plan is not completed satisfactorily.  Why no mention of our daughter being placed with me?  The paperwork also suggests that I have to appeal or the agreement stands as is with the way it is written and with the requirements for me.  This is not legal!  How can I waive my Constitutional rights without signing and doing so?

Furthermore, I never received any notice that a case was opened (which is the law, and I know this because that woman had cases opened on her before) and the paperwork states in their own writing that I would self-report, be investigated, questioned, and have my daughter questioned as far back as a month before I received this paperwork (an admittance of intent or actual violation of my 4,5,9, and 14 Amendment rights).  How could they even have a right to question my daughter about our home or me when I have nothing to do with this?  That would be like the police being able to question my daughter at her mother's home and ask her if I did anything criminal with no proof whatsoever....  what is the point of the Fourth Amendment then?

Lastly, I don't even know if I am required to appeal!  Common sense says “no”, but I'm dealing with Child Services here...  The case family name is not even mine (its her's and his)!

I have not contacted them and I wouldn't believe any answers they gave me anyway (I know better).

My question:

Does anyone have a similar experience to relay or some suggestions for me?  I attempted to contact the Office of Special Conflicts (because I have no money) and I never heard back.  That office is county related too, however (alarm bells)...  I also contact Legal Aide and they denied me help saying “we don't deal with CYS”.  Anyone know of anything I can do on my own that doesn't cost money or costs very little?  Anyone know how I can find out if the paperwork is even legal or whether or not I need to appeal (I just need an attorney to look at it)?  I want to avoid filing for full custody if possible because I enjoy the very civil relationship the mother and I have and frankly my daughter is not a problem for her, nor do I believe my daughter would ever be in danger with her.

Wouldn't it be in my autistic daughter's best interest to be placed with family?

I have to file an appeal by Monday if I am required to because that is the time limit given in the paperwork.  What would YOU do?  What knowledge or experience do you have under your belt that would cause you to do it?  Am I over-reacting and it has nothing to do with me and my parenting abilities?

Refresher:

I never signed anything, nor have I ever talked to CYS.
I reside in a completely different county.
I have shared legal custody and near 50/50 physical custody of our daughter.
I am not alleged to have done anything wrong, nor is my daughter clearly or remotely indicated as having done such.
I never received ANY notices, or if they were sent (I have had mail disappear in the past and have State Police reports indicating it) they weren't sent certified.
I've never received a visit (probably because I am out of their jurisdiction, if they even have any).
They never indicated to me in any form (including this paperwork) that my daughter is in danger other than checking the box that says she is (I believe law requires them to notify me of this too).
The case name (family) is not even my name, yet my daughter is included and so is my name as to what “I will do” (they can kiss my you know what I'll waive my Constitutional rights or give up my religious beliefs concerning the disciplining of my child- which btw I can't remember when the last time was I even had to do so it was that long ago).

[aviana]

That's quite the scenario.  First of all, your excellent arrangement and relationship with your daughter's mother, which allows for the very amicable arrangement that you have, is admirable.  Sounds like you're a responsible and loving dad.

There are some red flags here, but it is hard to decipher as the laws vary so much from state to state when it comes to parental rights.  I know Texas Family Code pretty well, but PA - nada

I have an email request in with a fellow family ministry in PA, Loving and Caring, who has a a huge referral database for family services.  Have requested a pro-bono family attorney.  Will let you know via PM as soon as I hear something.

[HillbillyHippie]

That's quite the scenario.  First of all, your excellent arrangement and relationship with your daughter's mother, which allows for the very amicable arrangement that you have, is admirable.  Sounds like you're a responsible and loving dad.

There are some red flags here, but it is hard to decipher as the laws vary so much from state to state when it comes to parental rights.  I know Texas Family Code pretty well, but PA - nada

I have an email request in with a fellow family ministry in PA, Loving and Caring, who has a a huge referral database for family services.  Have requested a pro-bono family attorney.  Will let you know via PM as soon as I hear something.

Thank you, and I do love my daughter and I still love her mother.  I mean what I say when I say it regardless if they mean their response or not.

I managed to find out that PA code is I think 23 PA Cons. Stat. (Domestic Relations).  This should come in handy somewhere down the road.  I am also going to start a yahoo group to begin fighting these people.  I have had it (lots of attacks because they keep going after the mother and a few times myself in the past for no good reason).  I am going to do like AJ says and "INTESIFY".

The group will be AntiCYSinPA@yahoogroups.com

Any further help you could give would be greatly appreciated.  Thanks for your reply.  BTW, do we have a specific area of this forum for anit-CPS/CYS people to get together to fight the Eugenicists?

[aviana]

I would think this part of the forum would be appropriate, but that's a mod's call.

I heard on the news yesterday that they are changing the law in Texas to make it difficult for grandparents to gain custody of a child when the parents are deemed unfit, so the child is more likely to go into CPS.  Unrelated to your situation, but another kick in the teeth for the family and one up for the system. 

[HillbillyHippie]

That don't surprise me one bit.  Once you start to follow the money you start to figure out that it is all just a game anyway, nothing lawful or even caring about it, just a game to destroy the family unit, make a profit off the human capital, and drive us all crazy.

For instance, we know that most of the CPS/CYS (if not all) are very closely tied in with private companies (the marriage of state and corporation).  One of those larger private companies is Northwestern Human Services (dealing with the CYS/CPS, mentally ill, Juvenile Justice, etc.).  The CEO of that corporation attended the DOD's Defense Language Institute (info via NHS website), which is pretty interesting unless it is normal for mere state senators (he is former state senator Joe Rocks) to be attending Department of Defense schools (he never served in the armed forces for all I can figure) who have spent their whole careers dealing with the mentally ill.

OK, so maybe that's not odd, but a mere 1 hour search will let one know that he is in with DC and Harrisburg lobbyists, has donated graciously to the former PA secretary of the state treasury (when she was in), and lots of money changing and favors go on.  It will also show that CYS has corruption (I'm sure you might be familiar with the two judges that just got busted who were connected with CYS and the Juvenile Justice system, as well as NHS), and that NHS has a history as well (pretending to be patients, falsifying records, etc.).

The man is also the president of a real estate company "Intel Strategies" (maybe something to do with the DOD).  Some other interesting things I dug up, but no hard evidence in any direction yet (just bits of info here and there) like the NHS building that houses the county children and youth services I am dealing with had its address established as '322'...  Don't know if there is anything to that except that I lived in that city for close to 15 years and I am pretty sure some addresses had to be changed in order to do that...

Its all one big huge ball of filth that will probably take me years to dig through, but I'm going to dig.  If those people want to keep trying to ruin my family I fully intend to find out their corrupt actions (because they have been caught in the past) and expose them in order to show them what ruin feels like.

[aviana]

That's ALL news to me.  I am so naive, and want to see the best in people's motives, that it never ceases to amaze me how low people will sink to ruin family.

Great work on your digging and may you have the perseverance for the road ahead.  No word from Loving and Caring yet...