Tuesday, January 26, 2010
Grim Justice in Luzerne County
Yesterday morning Berks County Pennsylvania Senior Judge Arthur Grim ordered the last group of unsettled juvenile cases that had been tainted by the recent Luzerne County judicial corruption scandal “dismissed with prejudice”. Dismissal with prejudice means the cases my not ever be refilled unless the dismissal is overturned by an appellate court.
Grim emerged from a closed door conference that precede what had been scheduled as a hearing on a motion to dismiss many of the pending charges against 27 separate juveniles accompanied by Luzerne County District Attorney Jackie Musto Carroll and Juvenile Law Center Legal Director Marsha Levick. Grim state that with the dismissal juvenile justice had been “balanced and restored,” in Luzerne County
Stating that “In my opinion, it’s the right thing to do,” District Attorney Jackie Musto Carroll announced she would not retry any of the juveniles.
Grim further stated that Juveniles who still owe restitution will not have to pay the remainder of what they owe. According to Judge Grim both the courts and attorneys will cooperate to work out wother ways to make restitution to the victims . Grim stressed that victims will not be expected to or required to repay restitution already received.
On October 29 of 2009 The Pennsylvania Supreme Court that vacated the convictions of an estimated 6,500 juveniles who appeared before former Judge Mark Ciavarella between 2003 to 2008. Both Ciavarella and former Judge Michael Conahan were arrested last January of 2009 on numerous charges including that the two accepting $2.6 million in kick backs and other incentives from the developer and a former co-owner of the for profit private detention centers in exchange for rulings that committed numerous, mostly teen-aged, children to the centers.
The Supreme Courts ruling was based on a report issued by Judge Grim, who was specially appointed to review Ciavarella’s cases after the arrests The Supreme Court specifically forbid retrial for any juvenile who appeared before Ciavarella without an attorney or if the juvenile was committed to either PA Child Care or Western PA Child Care the two private detention and treatment centers at the center of the judges’ scandal.
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The Juvenile Law Center, a Philadelphia-based advocacy group which has spoken out strongly in favor of the dismissal is still involved in in number lcivil suits against the judges.
Friday, January 22, 2010
Bearing Witness
Someone emailed me today to ask if and how they can contribute to this blog so:
If you have a good idea about Child Welfare Reform or how to improve all or part of the existing system let me know. If you would like to let me and therefor the world know about your family’s experiences with, or at the hands of The Child Protective Services send me an email. I will be happy to report on your experiences.
A few rules apply. I will post stories that may help a family separated by CPS or CYS reconnect with adult children. I will do the same for adult children trying to locate their birth family.
I restrict this service to adult children because none of us need the police knocking on the door with a complaint arising out of Custodial Interference. If there is a situation where a family member is dying or is seriously ill I may, after consulting my legal advisers, make an exception.
I will provide the same service for children in care that have been emancipated.
I may chose to post your story unedited if you follow the guidelines, below I also may edit it. I will let you read my edits before I post. I am flexible if you have a reason why I should leave something I’ll listen. After a discussion I may agree with you or I may agree to post but with a disclaimer.
1. If you ARE an actual abuser I am not interested in helping you defend or justify yourself . By abuser I don't mean that you are an abuser just because CPS or CYS says you are, or a judge has founded the CPS case, you are listened in Central registry, or even if there are or were criminal charges. If you had a drug or alcohol problem and have gotten some help and CPS isn’t giving you another chance I will help you. Every one deserves at least a second chance and CPS gives itself a second, third, fourth, and ninety-ninth chances to get it right all of the time. The same applies if you did “loose it “ and hit your kids but are working hard not to do it again and are willing to get what you need for your kids to be with you safely.
By abuser I mean if you did beat, murder ,rape your children and are unrepentant and unchanged don’t bother me or waste space that can go to a more deserving family. I am willing refer you to the resources that can get you some help some help. There are some things that are so clear cut and so bad that the is NO excuse and there can be no second chances except for the kids to get another (hopefully) abuse free life. My standards for this are pretty high but something like your initials branded on to a child or a DNA test that says, yes, you did father your ten-year-olds baby will do it every time.
2. I do not get involved in custody disputes that are strictly and solely between family members, period. And don’t even THINK about involving CPS to get a custody advantage. Not only might this backfire, it takes resources away from kids who ARE being abuses or neglected. If you bring CPS or CYS down on your own head by your own stupidity , making false accusations, you will have to live with it for the rest of your life and so will your children. I am not saying abuse never happens in the course of a custody dispute because I know it does. If it does, you need to talk to your lawyer first and they will help you report it. I am saying DON’T make crap up and don’t let any one else.
3. I reserve the right to conceal the identity of children, particular when there are allegations of sexual assault.Upon request I may conceal the identify of the entire family or a witness.
4. I may in the interest of being objective ask for permission to talk to the other side. Who knows they may say something damning or the fear of seeing their names in print might motivate them to do some good.
5. In the interests of maintaining credibility I will not use and will edit out language that compares or labels CPS workers and agencies to Nazis or Witch Hunters . For excellent reasoning on the why and wherefore of this see Richard Wexler’s post in the National Collation For Child Protection Reform Blog. Wednesday, September 17, 2008 "Leave Hitler out of it: I don’t completely agree with Mr. Wexler I feel that there are some people in the different agencies that enjoy the power to hurt children, who are power and control freaks or who are settling unfinished business with their own parents, but he is right.
AND:
Invoking some of these arguments make us look like deranged fanatics and make people wonder if maybe we aren’t quit fit to have children.
Excessive anger frightens people. I know I it is hard. THEY TOOK YOUR KIDS! They took mine too. I have been there and I still hate those people. I have stopped reading the obituary column every day hoping to see a familiar name. Find a creative way to get rid of the anger. Think about the way you will spend the 100000 million dollars you are going to sue them for. I am going to buy the Centre County Court House and turn it into a low-income housing project for falsely accused families. The free sushi bar is going in the Judges Chambers. I’ll probably store the trash in J. former ADA Karen Arnold’s old office. I used to fantasize ( note I am saying fantasize) about telling the Trial Judge when my family was awarded that 100000 million dollars that CYS could keep it money if I could have 15 minuets alone with each one of them in a locked sound proof room (with a baseball bat ) Most parents understand being angry if you keep it under control and redirect it. You can even start your families story by saying how angry you are . Just remember
Even justifiable anger gives reporters and politicians an excuse to run as fast as they can as far as they can. Think of it as doing what you have to do to get your story out and in some cases your kids back.
Save the ranting for when we are alone darling.
If you have a good idea about Child Welfare Reform or how to improve all or part of the existing system let me know. If you would like to let me and therefor the world know about your family’s experiences with, or at the hands of The Child Protective Services send me an email. I will be happy to report on your experiences.
A few rules apply. I will post stories that may help a family separated by CPS or CYS reconnect with adult children. I will do the same for adult children trying to locate their birth family.
I restrict this service to adult children because none of us need the police knocking on the door with a complaint arising out of Custodial Interference. If there is a situation where a family member is dying or is seriously ill I may, after consulting my legal advisers, make an exception.
I will provide the same service for children in care that have been emancipated.
I may chose to post your story unedited if you follow the guidelines, below I also may edit it. I will let you read my edits before I post. I am flexible if you have a reason why I should leave something I’ll listen. After a discussion I may agree with you or I may agree to post but with a disclaimer.
1. If you ARE an actual abuser I am not interested in helping you defend or justify yourself . By abuser I don't mean that you are an abuser just because CPS or CYS says you are, or a judge has founded the CPS case, you are listened in Central registry, or even if there are or were criminal charges. If you had a drug or alcohol problem and have gotten some help and CPS isn’t giving you another chance I will help you. Every one deserves at least a second chance and CPS gives itself a second, third, fourth, and ninety-ninth chances to get it right all of the time. The same applies if you did “loose it “ and hit your kids but are working hard not to do it again and are willing to get what you need for your kids to be with you safely.
By abuser I mean if you did beat, murder ,rape your children and are unrepentant and unchanged don’t bother me or waste space that can go to a more deserving family. I am willing refer you to the resources that can get you some help some help. There are some things that are so clear cut and so bad that the is NO excuse and there can be no second chances except for the kids to get another (hopefully) abuse free life. My standards for this are pretty high but something like your initials branded on to a child or a DNA test that says, yes, you did father your ten-year-olds baby will do it every time.
2. I do not get involved in custody disputes that are strictly and solely between family members, period. And don’t even THINK about involving CPS to get a custody advantage. Not only might this backfire, it takes resources away from kids who ARE being abuses or neglected. If you bring CPS or CYS down on your own head by your own stupidity , making false accusations, you will have to live with it for the rest of your life and so will your children. I am not saying abuse never happens in the course of a custody dispute because I know it does. If it does, you need to talk to your lawyer first and they will help you report it. I am saying DON’T make crap up and don’t let any one else.
3. I reserve the right to conceal the identity of children, particular when there are allegations of sexual assault.Upon request I may conceal the identify of the entire family or a witness.
4. I may in the interest of being objective ask for permission to talk to the other side. Who knows they may say something damning or the fear of seeing their names in print might motivate them to do some good.
5. In the interests of maintaining credibility I will not use and will edit out language that compares or labels CPS workers and agencies to Nazis or Witch Hunters . For excellent reasoning on the why and wherefore of this see Richard Wexler’s post in the National Collation For Child Protection Reform Blog. Wednesday, September 17, 2008 "Leave Hitler out of it: I don’t completely agree with Mr. Wexler I feel that there are some people in the different agencies that enjoy the power to hurt children, who are power and control freaks or who are settling unfinished business with their own parents, but he is right.
AND:
Invoking some of these arguments make us look like deranged fanatics and make people wonder if maybe we aren’t quit fit to have children.
Excessive anger frightens people. I know I it is hard. THEY TOOK YOUR KIDS! They took mine too. I have been there and I still hate those people. I have stopped reading the obituary column every day hoping to see a familiar name. Find a creative way to get rid of the anger. Think about the way you will spend the 100000 million dollars you are going to sue them for. I am going to buy the Centre County Court House and turn it into a low-income housing project for falsely accused families. The free sushi bar is going in the Judges Chambers. I’ll probably store the trash in J. former ADA Karen Arnold’s old office. I used to fantasize ( note I am saying fantasize) about telling the Trial Judge when my family was awarded that 100000 million dollars that CYS could keep it money if I could have 15 minuets alone with each one of them in a locked sound proof room (with a baseball bat ) Most parents understand being angry if you keep it under control and redirect it. You can even start your families story by saying how angry you are . Just remember
Even justifiable anger gives reporters and politicians an excuse to run as fast as they can as far as they can. Think of it as doing what you have to do to get your story out and in some cases your kids back.
Save the ranting for when we are alone darling.
Thursday, January 21, 2010
Great idea, now let's see if it happens
While testifying before the Inter-branch Commission on Juvenile Justice today Robert Schwartz, director of the Juvenile Law Center, stated that attorneys who regularly appeared before Judge Mark Ciavarella in juvenile court violated their professional obligations and ethics by failing to speak out and report the abuses they witnessed.
Schwartz recommended these attorneys be referred to the state disciplinary board to determine if they should be sanctioned.
"It may be hard for a defense attorney or prosecutor to spot an isolated case of judicial misconduct. Luzerne County's involved a half decade's worth of abuse, however, If there was ever a situation where lawyers fell short of their professional obligations, this was it." Stated Schwartz
Schwartz's agency ,the Juvenile Law Center , filed the petition which, in October, led the state Supreme Court to vacate the convictions of thousands of the juveniles who appeared before Ciavarella from 2003 to 2008.
In September a federal grand jury issued a 48-count indictment against former Luzerne County judges Mark Ciavarella and Michael Conahan , charging them with numerous counts of racketeering, bribery, money laundering fraud and tax violations. ( Authors note: Be afraid Judge David Grine, be very afraid*). Both of the ex jurists have plead not guilty.
During the same proceeding James Anderson, the executive director of the Juvenile Court Judges Commission, recommended that all juvenile proceedings be open to the public on the condition that persons attending the hearing be prohibited from revealing the identity of the juvenile or other parties and/or witnesses .
Anderson also recommended that the trial judge have wide latitude to close the hearing if the trial judge deemed in the child’s best interests to do so.
During his testimony Anderson additionally recommended :
Other witnesses scheduled to testify today included Richard Gold, deputy secretary of the Office of Children, Youth and Families for the Department of Public Welfare and Dr. Gerald Zahorchak, secretary for the Department of Education.
*Judge David Grine presided over Juvenile Court Proceedings, including Children and Youth Services Hearings, in Centre County Pennsylvania from the 1980's to the present.
AUTHORS NOTES REFLECT ONLY THE OPINION OF THE AUTHOR ,NOT ESTABLISHED FACTS
1. Times Leader of Wilkes-Barrie, PA (timesleader.com) 01-21-2010
Schwartz recommended these attorneys be referred to the state disciplinary board to determine if they should be sanctioned.
"It may be hard for a defense attorney or prosecutor to spot an isolated case of judicial misconduct. Luzerne County's involved a half decade's worth of abuse, however, If there was ever a situation where lawyers fell short of their professional obligations, this was it." Stated Schwartz
Schwartz's agency ,the Juvenile Law Center , filed the petition which, in October, led the state Supreme Court to vacate the convictions of thousands of the juveniles who appeared before Ciavarella from 2003 to 2008.
In September a federal grand jury issued a 48-count indictment against former Luzerne County judges Mark Ciavarella and Michael Conahan , charging them with numerous counts of racketeering, bribery, money laundering fraud and tax violations. ( Authors note: Be afraid Judge David Grine, be very afraid*). Both of the ex jurists have plead not guilty.
During the same proceeding James Anderson, the executive director of the Juvenile Court Judges Commission, recommended that all juvenile proceedings be open to the public on the condition that persons attending the hearing be prohibited from revealing the identity of the juvenile or other parties and/or witnesses .
Anderson also recommended that the trial judge have wide latitude to close the hearing if the trial judge deemed in the child’s best interests to do so.
During his testimony Anderson additionally recommended :
- That the Determination to appoint a Public Defender for a child be made based on the child’s income rather than the income of the child’s parent(s)
- That the juvenile be required to consult an attorney before being allowed to waive the right to counsel, and tat the presiding judge be required to appoint back-up or standby counsel in cases where the child is allowed to wave the right to have an attorney
- That process for an expedited review by the appellate courts, (Pa Superior Court, PA Supreme Court ) be implemented for juvenile court proceedings. Anderson emphasized that the process should particularly apply to all rulings that remove a child from his or her home.
- To require the Judge to state on the record why he or she has made that decision that a child is to be placed in an out of home facility and to enumerate the reasons why the chose a particular facility . ( Note by the author : The Judge should have to disclose any connection to the facility weather it be financial, a friendship with a staff person or administrator or that he or she acts in an advisory capacity to the facility)
- That an assessment tool be created for use in determining when and if it is appropriate to detain a child prior to a hearing on the crime they are accused of committing. This tool would consider various risk factors, such as the severity of the charges and the child's prior record. ( Authors note: and if the offense would be a crime if committed by an adult, for example running away )
Other witnesses scheduled to testify today included Richard Gold, deputy secretary of the Office of Children, Youth and Families for the Department of Public Welfare and Dr. Gerald Zahorchak, secretary for the Department of Education.
*Judge David Grine presided over Juvenile Court Proceedings, including Children and Youth Services Hearings, in Centre County Pennsylvania from the 1980's to the present.
AUTHORS NOTES REFLECT ONLY THE OPINION OF THE AUTHOR ,NOT ESTABLISHED FACTS
1. Times Leader of Wilkes-Barrie, PA (timesleader.com) 01-21-2010
Tuesday, January 19, 2010
Why I Write
Perhaps here Dear reader is where I should warn you that 1.) I have a sick, sarcastic, sense of humor and 2.) I swear sometimes. Sometimes when I write I swear a lot.
I write because I am pissed off. The list of things that piss me off is legion: Lets all admit it sometimes getting really pissed off actually feels pretty good. Sort of clears the air
People who abuse kids and or animals piss me off. Liars piss me off. People who can’t mind their own business piss me off. People who take things that belong to other people and break them piss me off. The government piss me off. Bureaucrats piss me off.
Lying Government bureaucrats who can’t mind their own business and who abuse kids in the name of protecting them …..That REALLY pisses me off
And that boys and girls is why we are here. Almost 17 years ago the baby savers of Centre County Pennsylvania came into my house and accused me of something I did not do. They took my children, my life away.
At first I was devastated, paralyzed. It was worse than if my children had died. Like most innocent people I thought there had been a mistake. I do think they realized they had made a mistake pretty quick. We went to Court. I was waiting for someone to show some kind of sense. Their case began to fall apart. They didn’t want to admit it though so they started lying to cover up more lies. We showed them proof they were wrong, they wouldn’t see it
I tried to cooperate with what they said I had to do to get my little girls back .
They wouldn’t give me anything to cooperate with. The accusations grew more ridiculous and outrageous. I did the few concrete things they ask for it wasn’t enough. I began to realize they had no intention of letting my children go. They placed my kids with a foster family that my older child said was abuseing them.
They required I admit that I had done things that never happened. They said I had to accept “criminal” responsibility for the things they said I did. They said I had to admit to doing things I never did and apologize for them to my children . Oh and yes I had to express gratitude to the agency.
And then I got angry
To me staying angry was to stay alive. It kept me going, it kept me warm an night. Anger held my hand and whispered in my ear. It was my best friend for ten long years.
I met someone. He joined me in the fight, Eventually my parental rights were terminated. I moved on. We had another family. Last year my oldest daughter and I found each other. It was like she had returned from the dead. She seemed mostly unharmed. My family rejoiced we prepared the fatted turkey and feasted. Her Aunt Tammie saw her for the first time in at least 14 years.
It took a year but she moved back home.
It was a little rough, she stays up all night, sleeps all day and is allergic to washing dishes. She treated me like the maid and ignored her little sister that she supposedly loves. The little sister let her use her room because she needed to store all of her stuff in her own. She locked the door and wouldn’t get out of bed to let the kid get clean underwear out of her own room.
This week we had the kind of fight that teen-age daughters sometimes have with their mothers. Hateful hurtful things were said on both sides. She said things and acted in ways I could not let slide by. She left to move in with someone that I thought was a family friend, a man more than is more than twice her age. A man who owns a strip club. He had been working on her for some time apparently feeding her fears and filling her head with lies. And I realized how badly they had broken her…
So here I am pissed off all over again. I can’t say I’ve missed my friend anger but for right now I am glad it’s back….. Oh and this time I have a computer.
I write because I am pissed off. The list of things that piss me off is legion: Lets all admit it sometimes getting really pissed off actually feels pretty good. Sort of clears the air
People who abuse kids and or animals piss me off. Liars piss me off. People who can’t mind their own business piss me off. People who take things that belong to other people and break them piss me off. The government piss me off. Bureaucrats piss me off.
Lying Government bureaucrats who can’t mind their own business and who abuse kids in the name of protecting them …..That REALLY pisses me off
And that boys and girls is why we are here. Almost 17 years ago the baby savers of Centre County Pennsylvania came into my house and accused me of something I did not do. They took my children, my life away.
At first I was devastated, paralyzed. It was worse than if my children had died. Like most innocent people I thought there had been a mistake. I do think they realized they had made a mistake pretty quick. We went to Court. I was waiting for someone to show some kind of sense. Their case began to fall apart. They didn’t want to admit it though so they started lying to cover up more lies. We showed them proof they were wrong, they wouldn’t see it
I tried to cooperate with what they said I had to do to get my little girls back .
They wouldn’t give me anything to cooperate with. The accusations grew more ridiculous and outrageous. I did the few concrete things they ask for it wasn’t enough. I began to realize they had no intention of letting my children go. They placed my kids with a foster family that my older child said was abuseing them.
They required I admit that I had done things that never happened. They said I had to accept “criminal” responsibility for the things they said I did. They said I had to admit to doing things I never did and apologize for them to my children . Oh and yes I had to express gratitude to the agency.
And then I got angry
To me staying angry was to stay alive. It kept me going, it kept me warm an night. Anger held my hand and whispered in my ear. It was my best friend for ten long years.
I met someone. He joined me in the fight, Eventually my parental rights were terminated. I moved on. We had another family. Last year my oldest daughter and I found each other. It was like she had returned from the dead. She seemed mostly unharmed. My family rejoiced we prepared the fatted turkey and feasted. Her Aunt Tammie saw her for the first time in at least 14 years.
It took a year but she moved back home.
It was a little rough, she stays up all night, sleeps all day and is allergic to washing dishes. She treated me like the maid and ignored her little sister that she supposedly loves. The little sister let her use her room because she needed to store all of her stuff in her own. She locked the door and wouldn’t get out of bed to let the kid get clean underwear out of her own room.
This week we had the kind of fight that teen-age daughters sometimes have with their mothers. Hateful hurtful things were said on both sides. She said things and acted in ways I could not let slide by. She left to move in with someone that I thought was a family friend, a man more than is more than twice her age. A man who owns a strip club. He had been working on her for some time apparently feeding her fears and filling her head with lies. And I realized how badly they had broken her…
So here I am pissed off all over again. I can’t say I’ve missed my friend anger but for right now I am glad it’s back….. Oh and this time I have a computer.
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