CPS fails at escalating a case, assigning an ACS Autism Expert to investigate allegations on Autism maltreatment

Maltreatment with Autism is consistently being minimized by CPS case workers. The reason this is happening, is because the law suggests that the worker bring in a trained expert in the case, should the worker find it necessary.  What happens if a parent is in denial, and convinces the worker that there is ‘nothing wrong with the child’, and the parents gets the school teacher to say the same? Trouble is, if the parent is in denial, and then places the child in a regular education school with no supportive services, then the teachers are not trained either. An introverted child who is obviously on the Autism Spectrum (Obvious to a psychologist, that is), will be labeled as ‘well behaved’ to a neurotypical school teacher.

Take this child to any trained expert, and everything will flip 360 degrees. So how indeed, do you ‘take’ a child who is being maltreated, denied services that the Board of Education has mandated, and is clearly not functioning, but nobody is escalating this to an expert? At the end of the day, the child is losing out, and the CPS agency fails yet again to protect the most vulnerable of society; the young children who cannot choose how to better their lives, and hindered by their disabilities to coast through the typical challenges of life.

I did some research on how CPS works with investigations involving children with disabilities. When calling the main abuse hotline, I asked if a case can be escalated to a trained Autism expert, rather than an entry level CPS worker. The answer I got was, “The CPS worker would bring in the expert, should they find it necessary.” Oh, I see. So if the worker knows nothing about this disability even if she were staring it in the face, then she has a right to choose to close the investigation, claiming that she noticed nothing.

I then contacted the local regional office for ACS and asked the Deputy Director the same question. I was given the same answer. So I called the local Department of Education. I asked them, “whose job is it to ensure that the child is getting an appropriate education, and reaching their potential?” After being transferred to a specialist, I was reminded that the Board of Ed cannot force a parent to comply with the recommendations on the IEP. However, because there is a diagnosis on record, and the services in the past did enhance the child’s functioning and academic goals, I was given more resources: I was told to get an attorney and ask for custody, and then ask for a fair hearing and re-evaluation on the child.

Really? That’s what I’ve been asking for over a year. For the exact reasons that I am still asking for today. This is what it looks like when fathers and mothers disagree on a child’s needs. Co-parenting is clearly not the way to go in this scenario. It all comes down to which side can outlawyer the other side. Just like O.J. Simpson… we all know he killed her, it’s just a matter of how far they will go to untangle the evidence.

When you involve an inadequate agency such as Child Protective Services, they will undress the children and check for bruises and then close the investigation. Nothing happens when a parent willfully neglects a child’s right to an education.   If you think you know how to protect these innocent children, let me know!

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How to get your judge off your case by getting him to recuse himself

If you have been through the (in)justice system, and battled your case before a judge or two, then you have already learned that courts have nothing to do with justice. A judge will make an order on your case with his career in mind. Emotion and common sense play no role inside the courtroom.

Because a judge needs to invest in his career, he will leave a paper trail of ‘responsible’ decisions, so that his higher-ups can review his ‘work’ and then bump him up into a higher court for the next calendar year. This means that the files are kept in such a manner that if anybody reviews the judge’s cases, the details will be carefully documented leading the reader to understand why decisions were made. Everything makes legal sense in those files.

What happens if a judge does not write in his notes the reason for a decision? What happens if a decision is made based on verbal testimony? The review board will not read the court transcripts, only the judge’s notes. What happens if no evidence or documents were submitted in your case, and the judge’s notes leave no indication as to why he made a decision?

That is a case where the judge will start feeling a little itchy. He will not want to continue on your case if you keep asking “I need a substantive written order that substantiates this decision”. Keep saying that, and eventually your judge will lose his cool. He will most likely NOT give you the reason for his decision, especially in family courts. Supreme court orders require substantiation written at the end of the order. Make sure that he answers you on the record, so that it gets recorded for the transcripts. If he goes off the record to say his reason, repeat after him when you go back on the record. “Your honor, I will repeat for the record that you just stated that the reason for this order is because…”.  That will really tick off your judge.

Next, tell the judge you will be appealing this decision because it lacks substantiation. In the appellate division, three judges will review your case. Now, your judge will really get itchy.  It’s okay if your appeal gets denied, because at this point, the judge will probably recuse himself. No judge likes to have an appeal on his record.

Additionally, you need to put in a motion to ask the judge to recuse himself from your case.  A helpful link is at this page http://www.caught.net/caught/recuse.htm

Although your next judge might not be a gift of God either, it offers your case an opportunity to start from scratch. If your case never really had any substantiation for outrageous court orders, then the new judge will not understand what led to them, and demand a status update from both parties, as well as a case background. Plan wisely in advance, and you stand a good chance of representing your case anew, with better outcomes.

Also, you should make your complaint or inquiry known to the grievance committee that covers the county in which the judge or attorney’s office is located. Lawyers (and judges are lawyers) have to answer to the office of judicial contact. Therefore, you should submit a complaint in writing to the attorney Disciplinary / Grievance Committee so that your complaint goes on record. If enough people complain and the complaints are valid, there will be a hearing.

The following is a link to the attorney Disciplinary / Grievance Committee in NY http://www.courts.state.ny.us/ip/attorneygrievance/complaints.shtml

Finally, if a judge recuses himself from your case, the only way you will know is if he files a recusal notice, which has to be mailed to all attorneys on the case. If your case was suddenly reassigned for a new judge and you did not get the recusal notice, then there is a big chance that your judge was transferred in the nick of time before he messed up his career, and did that gracefully without recusing himself.

Posted in Autism and Custody Battles are happening | 5 Comments

What Fathers Do With Nursing Babies After Getting Custody

To think of a nursing baby wailing in the night for some human contact and motherly connection (it’s not about the milk), and then think of a father not hearing the baby’s cries, now that’s too depressing. But then, think about the daytime. Think about the baby waking up in the morning, only to be given bread and eggs like the rest of the family. What about that morning feeding, the best time in the day when baby cuddles in your bed and dozes off, and you have that extra hour from 6:00 to 7:00 in the morning to finish up that dream that you interrupted…

And then you think to yourself, it must be that Mr. Mom grew breasts. Wasn’t that always his dream? Snatch the kids from the mother, feed them and bathe them? Now, he can add breastfeeding to his resume.

In the Talmud, there is the following true story. “It happened with one man whose wife died and left him a nursing child, he was so poor that he could not pay a wet-nurse. A miracle happened to him; his breasts opened and he nursed his child.” Said R. Joseph: Come and see how great the man must have been that such a miracle was wrought for him. Said Abayi to him: On the contrary, Behold how bad the man must have been that the nature of mankind changed in him and nothing occurred to enable him to earn enough money to pay a nurse. Says R. Jehudah: Come and see how hard it is for heaven to change the fate of a man concerning his livelihood, that the nature of the world was changed, but not his fate. Said R. Na’hman: It is proven by this fact that a miracle occurred, but he was not provided with means for paying a wet-nurse. (source)

Now, are we smarter than those wise Rabbis? Can you top that argument?

Posted in Autism and Custody Battles are happening | 2 Comments

Autism Custody Battles Blog: 2010 In Review

The stats helper monkeys at WordPress.com mulled over how this blog did in 2010, and here’s a high level summary of its overall blog health:

Healthy blog!

The Blog-Health-o-Meter™ reads Wow.

Crunchy numbers

A Boeing 747-400 passenger jet can hold 416 passengers. This blog was viewed about 5,300 times in 2010. That’s about 13 full 747s.

In 2010, there were 25 new posts, growing the total archive of this blog to 33 posts. There were 27 pictures uploaded, taking up a total of 2mb. That’s about 2 pictures per month.

The busiest day of the year was July 6th with 177 views. The most popular post that day was About This Blog.

Where did they come from?

The top referring sites in 2010 were mail.yahoo.com, rightsformothers.com, autism.about.com, and facebook.com.

Some visitors came searching, mostly for autism divorce custody, autism custody battles, autism and custody, mama grizzlies, and robin sheares.

Attractions in 2010

These are the posts and pages that got the most views in 2010.


About This Blog May 2010


Some men kill their wives, others steal the children July 2010
7 comments and 3 Likes on WordPress.com


Heartbreaking Video of Autistic Girls Crying to Mom from Foster Care Home July 2010


Autism Spectrum kids literal speech and language can make you lose custody July 2010
4 comments and 2 Likes on WordPress.com


Family Courts Best Kept Secret: Say that the father is abusing the kids and you will lose custody to the abuser August 2010
1 comment and 1 Like on WordPress.com,

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Why a family court judge will not reverse a custody decision even after you were proven innocent

After you lose custody, you will probably go all out to prove your innocence. After your case has progressed to the place where you were already proven not to be a danger to your children, you will probably wonder why custody has still not been given back to you. This is the time in your case when you will learn about “significant change in circumstances to modify a custody order”.

How the system messes up:

First, a judge will believe every horrendous allegation against you, and ‘for the safety of the children’ the judge will issue a quick and temporary custody order, while removing the children from you, or you from them.  Then, you will probably get enraged and ask for fact-finding, or, proof about all those allegations. Sure enough, after a year or so in court the fact finding will show that there is nothing on you, only a bunch of lies. By then, the judge will use the most ridiculous excuse that family courts ever created; “we don’t want to upset the status quos with the children, seeing that they are stable right now”. Say what?

Holes in this process:

  1. First, the judge traumatically separates the children from their mother
  2. Then, the judge declares them ‘stable’ in this environment
  3. Then, the judge decides that this is a status quos not to be changed
  4. Then, we all sit and wait for ‘extraordinary circumstances’ to warrant a change, such as – daddy needs to become an axe murderer.

This feels a bit like elementary school. Imagine that you misbehaved in class, so you get punished and made to stand outside of the class. The principal sees you there an hour later and asks you why you are outside. So you answer, “I misbehaved”.  So the principal asks, “are you behaving now?”  You say, “Yes”. So the principal says, “Good that means you belong outside”. Huh?

Welcome to the family courts of America.

Posted in Autism and Custody Battles are happening | Tagged , , , , , , , , | 7 Comments

October 12, 20010 – Slow First Day of No-Fault Divorce in NY

Anticipation for this big day in New York turned into thin air amongst all those who strongly opposed the passing of this new law.

NYPOST Reports: In Manhattan Supreme Court, four no-fault cases were filed, while in The Bronx, there were only two. In Queens, clerks didn’t have a breakdown of how many no-fault cases were filed, but overall there were 24 divorce petitions — which officials there described as a typical day. Officials in Brooklyn and Staten Island didn’t have breakdowns.

I actually envisioned long lines with lots of media coverage, so I made a trip to the Brooklyn Supreme Court two days later just to try this for myself.  At first, the Pro Se office that helps litigants file paperwork if they are self representing tried to help, but I soon maxed out their expertise. Apparently, they did not have the paperwork yet for the new Divorce law.

The packet that they gave me was very helpful for a do-it-yourself uncontested divorce, however the divorce grounds were numbered one through six, and the seventh one (irretrievable breakdown in relationship) was noticeably missing.

Because the template was with check boxes, there was no way you could enter it yourself. The clerk in the office suggested I go online and see if the website was updated with the new templates. Thankfully, their computers are available free of charge. Their webpage security though, did not allow me to open the PDF file which contained the divorce action template.

When I got back home, I checked the website for the templates, only to find that those too were not updated. So much for the new law and ease of use.

In Brooklyn Family Court, my friend had difficulty filing for an extension on an order of protection which was expiring the next day. The excuse at the 6th floor petition room? You need a family offense to get the petition in. WRONG! There is a new law that allows an extension based on reasonable cause.

Apparently, New York is always the last to adapt to new laws and the clerks will successfully manipulate unsuspecting petitioners to follow the guidelines that they feel secure with.

TIP: Just remember to ask people for their names, so that you can tell the judge that on this and this day, this person told you so and so.

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Tips from Eric G. Mart, Ph.D., ABPP on Disproving MSBP and Autism

Dr. Mart took the time to contact me and give me some terrific advice. All of you mothers who are being accused of MSBP and have children with Autism, please read this carefully.

At all court appearances, make sure to have with you two very important groups of documentations. In the first group, it is helpful to show documentation that professionals evaluated and diagnosed the child with Autism. Then, they treated the child for a long time. Not the mother.

The next group of documentation is important because it outlines the law that no person (mother) should be evaluated or diagnosed against their knowledge. It is a violation of your rights if a law guardian, lawyer, CPS worker, or judge alleges that the mother has ‘mental health issues”.

Arm Yourself.

1 – Original IEP and diagnosis reports showing that the professionals once diagnosed and serviced your child, it doesn’t matter how outdated it is. Once it is on paper, they can try to retract it later if they are bribed to take a one-sided position but it doesn’t make a difference. If a speech therapist serviced the child in 2009 and submitted progress notes to the Board of Ed, it shows they were agreeing to the needs of the child based on the IEP.

If they say they changed their mind about the child’s issues, Challenge them with this: “Were you lying then or are you lying now?”

2 – American Psychological Association – Ethical Principles of Psychologists and Code of Conduct: 2010 Amendments, Standard 9: Assessment , 9.03 Informed Consent in Assessments

(b) Psychologists inform persons with questionable capacity to consent or for whom testing is mandated by law or governmental regulations about the nature and purpose of the proposed assessment services, using language that is reasonably understandable to the person being assessed.

Dr. Mart, thank you so much for taking the time out of your busy schedule and helping us women who are battling this terrible systematic abuse in family courts across the United States.

Munchausen’s Syndrome by Proxy Reconsidered, by Eric G. Mart, Ph.D., ABPP
Eric G. Mart, Ph.D., ABPP
311 Highlander Way, Manchester, NH 03103
Telephone: (603) 626-0966
Email: emart@comcast.net
Posted in Autism and Custody Battles are happening | 4 Comments