Judge Michael G. Kaplan…one more of them.

Today, I was allotted about 6 minutes, inclusive of swearing in and having Judge Michael G. Kaplan provide a thorough explanation to my respondent about his rights and my offer — a request for a restraining order until mid-October until a more thorough hearing already scheduled could take place. The restraining order is to protect a minor child, 5 years old, from the person she claims sexually abused her. She has made this consistent report to friends, family and law enforcement. Because of an already traumatic 9.5 month experience caused by law enforcement and the DCF, this child is in desperate need of therapy. After about two months of seeking therapy, affordable and relative to my child’s needs, I have secured therapy for her. It is obvious that through therapy additional details of what happened to my child will be disclosed. Hence, my child’s father’s disapproval of therapy and the alleged perpetrator’s need to refuse the request for a temporary restraining order until mid-October that would allow him to deny all allegations until the restraining order ends and I take any or no further action. The judge, an inept, insensitive man, stated “I have not read through your entire request for a restraining order as it was a lot”. I agreed with him that it was long. But, he had a big issue with me not being able to immediately find the particular document I was to start my argument with. Furthermore, Kaplan continuously interrupted me and did allow me to ask any questions, in spite of him (Kaplan) affording my respondent an opportunity to learn more about the process. I asked the judge if there was not a statute that provides for leniency to pro se folks. Kaplan asked me to refer to it. I told him I would research it since he apparently negated one existed. This may be so, but his inability to show any human sensitivity, specifically provide me with a few minutes to locate one document amongst four binder containing over a year’s worth of documents, was inhumane and unreasonable. Needless to say unfair given his admission that he had not even read through the documents that I had submitted on a timely basis. Kaplan, you are unfair. You are allowed to be unprepared for a hearing, but do not allow a few minutes for me to set up my computer for taking notes, and place my four huge binders on the table in an orderly fashion so that I may represent myself to the best of my ability. I look forward to seeing you again on October 13, 2010. No sensitivity toward a mother that has just recently exposed various failures in the Child Welfare system and whose child was unconstitutionally removed from her home only to return with obvious psychological trauma from both alleged sexual abuse, traumatic unwarranted removal from her home, and current physical and emotional threats being done to her person, as she (my child) reports herself. But, then again, Kaplan stated he did not read all of the information I had provided to him way in advance. Kaplan did specifically ask me though if I had “seen the abuse happen”. He asked me this disgusting and insulting question within the context of challenging my ability to “prove” abuse had occurred. I don’t know of any parents that witness abuse (let it happen) then wait to be heard patiently to be seen by Judge Kaplan. If I would have witnessed anything, I think it would have been me under trial. Kaplan’s insensitive sarcasm within the context of a then 3-year old being sexually abused in front of her mother is the most disgusting suggestive statement any judge could have made. I hope he never has to “witness” any abuse on his children. Before I left the courtroom, I told Kaplan that anything bad that may happen to my child between the time of that hearing (September 1, 2010) to the future, I would hold over his (Kaplan) head and the 17th circuit judicial court. Judge Michael Kaplan and the 17th judicial circuit staff present are mandated reporters and as such, have ignored a child’s scream for help. Not a surprise given the frequent ignoring of parents fighting to protect their children. I was in an out of the court room in a matter of minutes with a newly scheduled hearing. It is obvious Kaplan was overwhelmed by a huge waiting crowd. Best wishes to them all. May they walk in and set themselves up in the table with the microphone in 2 minutes or less. Except, they don’t have over a year’s worth of stuff to consider. But then again, Kaplan may not have read the injunction requests in full anyway to give them a fair hearing.

One final thought from today’s unreal experience…a talk show/court TV show may have better merit for citizens than Kaplan’s court room. This particular injunction hearing was not to be recorded or transcribed. Unless you can afford a “certified” court reporter, pro ses and attorneys are on their own. Documentation reveals that when injunction hearings contain sexual abuse content, they do not provide any method of record of hearing content. Shouldn’t this be the opposite scenario in such serious matters? I asked if I could keep notes in my computer regarding this hearing and I was given a stern NO! How do you keep people honest in this scenario? At least Jerry Springer would have had a taping to seal this hearing into history. Jerry Springer has some political experience now doesn’t he? He may give Kaplan a run for his money next election if we compare each candidate’s listening skills and commitment to pursuit of the truth. Perhaps not such a silly thought after all.

DCF lost their fabricated case against me; however, the damage has been done.

(This blog is from May 14, 2010 with some edits.) (Please be patient while I learn my way around WordPress.)

I wanted to share some thoughts with you before I fully charge on this project.

In the next few weeks, I will be reviewing and organizing what I believe are the most critical documents presented in my trial. I would like to post them publicly for citizens to review and learn from. I think people will find some common themes in the methods used by the DCF and related agencies to remove children without a significant foundation of facts. Constitutional rights are being violated and no one is exempt from the chances of falling into the dependency trap. I’d like to make these documents available for your review and help provide and an overall reality check on what is truly going on in the dependency court and child welfare system. There is a real-life story that takes place in a period of almost a year, so it will take some time to distribute this information in its most accurate and beneficial form, but it will happen.

I heard from various attorneys the same statement, “once you are caught in the child welfare system, it is hard to get out. I believe my case is unique for the following reason. I was not a parent accused from the get-go. I was a parent who reported a crime, or a “possible” crime, that was not followed through. Then, a completely new fabricated document was creatively developed against me, by the State-contracted workers that I reported to the State of Florida as “non-responsive”. The other aspect of my case that is unique is that the State of Florida placed my child in temporary custody of her father who lives with the person that my child said had hurt her in a sexual manner. This is pure negligence. To this day, the investigating authorities have not criminally interviewed the alleged perpetrator. The courts have put in “protection” clauses into court orders, before and after my trial which are ridiculous given the fact that the child spent almost ten (10) months living in that home with that man. Even now after my trial, my daughter will need to spend (currently) one overnight in that home every other week. Like Tonya Craft, there is still “family” court left to deal with. Unlike criminal and dependency courts, you do not get public counsel. You are left to fend after a traumatic ordeal. Where is the justice in the justice “system”?

The best I can do to heal and cope with the trauma experienced by all my loved ones and dear friends is to be active in getting the word out to you.

More to come…For all children,

Police said there was no “Leo” in the house…there was.

Your child tells you someone named “Leo” hurt her butt. What do you do?

It would be interesting to know your answer on a personal basis.

However, police told this child’s mother that there was no one by that name living in the home where the alleged sexual abuse may have occurred. Days later, the mother drove by with a friend and wrote down some license plates. The mother ran the license plates through an Internet detective agency for a total of $38.00.

She found “Leo”. Reporting it to the police did not help though. The facts are, the police never did a thing. It was not until two months later that police visited the home where the alleged perpetrator resided. This late response only came because of the mother’s nonstop complaints about the police not investigating this matter immediately.

Original police reports demonstrate that the detective did not acknowledge a “Leo”. Additionally, there are several faxes that were sent to the DCF telling them that “child” was in danger. None of those faxes have been presented in any discovery provided by the State Attorney’s office relative to “child’s” open case.

Some thoughts on death of baby Angeliah Duncan…

Wonder how it is that children like Angeliah Duncan die in the child welfare system?

Here is a possible answer.

Dr. John Wright, Director of the Broward County Child Protection Team located within the Sexual Abuse Treatment Center (SATC) sent Angeliah home although upon examination he found injuries to her head. She was killed soon after. This same doctor now demonstrates the thought process, or lack thereof, that takes place in the minds of state-contracted doctors within the child welfare system and that are making decision about our children.

The State of Florida is in the business of “crystal-ball gazing”.

The State of Florida blindly approves and signs off on recommendations made by state contracted doctors regarding vulnerable children, using “hypothetical” analysis. These children are often left or placed in harms way, are lost in foster care systems, and sometimes die.

Dr. John Wright used this “hypothetical” analysis recently in a Broward County court dependency hearing. For hours on end, Dr. Wright hypothesized over the mental state of a woman he had met briefly for a few minutes (length of time stated by doctor himself as twenty minutes; mother counters it was about ten minutes). This hypothesis, or poor attempt at a form of diagnosis in writing, was put in a report that he signed off on and was later signed off on by the State of Florida. Specifically, the report stated the mother suffered from a “mental condition”, never specifying a diagnosis. When Dr. Wright attempted to diagnose the mother during his interrogation seeing no other alternative, he admitted to doing so based on the child’s medical history. On closer examination, the doctor admitted to not having reviewed critical medical documents related to the child that changed drastically his original assumptions on the mother’s reasons for taking actions as she did. The doctor added that he did not have access to these additional critical documents, although he was working closely with the investigators who did have access to them. He added that it was not his job to get those documents. It is important to note that Dr. Wright is a state-contracted “pediatric” doctor, not an adult psychologist or similar.

This unfounded and incomplete report, along with malicious intent on the part of a Broward Sheriff’s Office sexual abuse unit detective and child protection team investigator, led to a traumatic removal of a female child from her home.

A warrantless entry was made in the home of the mother during the very late hours of Friday, July 31, 2009. Court documents presented by Dr. Wright and the Broward Sheriff’s Office were, until recently, the only documents presented to the State Attorney’s office and the court system who jointly signed off on this act.

In spite of the obvious constitutional rights violations and erroneous reports, the 17th judicial circuit court continues to hear this case going into month #6 of this parental nightmare. You, citizen, are funding this by the way.

More “hypothesizing” in an American court room is expected. Additional information to follow…