We demand adherence to the Constitution of the United States of America & the Constitution of the State of Arizona, guaranteeing our protections of due process under the law!
Administrative laws and Juvenile Rules of Procedure need to be immediately adopted requiring the judges at all hearings before the court, to demand the Arizona Department of Child Safety and the Assistant Attorney General for the State of Arizona, to conform all evidence to the rules of procedure.
Upon conformity to the rules of evidence and procedure, the judges in these actions upon movement without motion, shall rule to return the minors in state custody to their parents, if no evidence exists showing present danger and harm to the children, outside evidence of harm and abuse collected at the time of the complaint in the dependency actions.
Children shall not be taken in any dependency actions based on suspicion or a narrative supplied to the court without immediate evidentiary support that the parents pose a threat to the children's safety and care.
Administrative sanctions will be in place with an automatic mechanism disciplining and removing from employment, Arizona Department of Child Safety employees who submit knowingly false evidence to any Juvenile Court proceeding, false narratives in progress reports and all pleadings to the court and to the Assistant Attorney General, and suppression of any evidence in DCS possession that proves the fitness of a parent.
Submission of knowingly false evidence in order to deprive a parent from association with their children is a heinous act of cruelty, a violation of parent rights guaranteed under the constitution, and is a deliberate act of child abuse with the intent of harm, and therefore shall be treated as a criminal offense.
Any DCS employee found to have violated these ethical and moral codes of conduct while discharging their duties in dependency actions, will have the following administrative and criminal penalties as sanctions.
1. Paid administrative leave from the Arizona Department of Child Safety pending the outcome of an investigation showing knowingly false evidence was presented to any court in Arizona in causes of action depriving a parent their right to associate with their own children.
2. Since the Arizona Department of Child Safety, the Attorney General of Arizona, and the State of Arizona are the petitioners in dependency actions, it is a conflict of interest for the state to investigate any criminal conduct involved by DCS employees with submitting knowingly false evidence in dependency actions. All complaints of submission of knowingly false evidence by state employees in dependency actions ,shall be investigated by local law enforcement, regardless the status or outcome of the dependency before the court, and be prosecuted to the fullest extent of the law.
3. Filing false evidence in a dependency action where the parent's rights to associate are taken by the state, are actions of gross cruelty and child abuse, and the state employees committing such acts will be held accountable like other perpetrators of crimes against children. Upon findings of guilt by administrative action or criminal investigation, the state employee guilty of supplying knowingly false evidence in dependency actions shall be registered on the national database of child abusers.
4. Upon determination of guilt in submitting false evidence in any juvenile dependency action, which included the filing of knowingly false pleadings, and the suppression of evidence showing parental fitness, the DCS employee shall be terminated and not eligible for rehire. Further, an online database shall be established identifying the government employee of crimes against children and Arizona's families, and such online profiles shall be maintained by the State of Arizona, much like disciplinary pages are maintained online by medical review boards disciplining medical doctors for malpractice and suspensions.
A special liaison office will be established outside the auspices of state government and acts independently with the sole mission to protect the due process rights of parents in dependency actions.
The liaison will work with parents on any complaints to the Ombudsman's office, including following up with complaints to that office and status updates. The liaison will work with the parents on any rules of conduct violations by the Assistant Attorney General and assist in the filing of complaints with the State Bar of Arizona in ethical complaints regarding filing false pleadings, veracity of pleadings, or any ethical rules violations by the representatives of the state in a prosecutorial function who conducts themselves in the appearance of impropriety, in violation on the ethical code of conduct by the State of Arizona Bar Association, regardless of the status if the dependency action in question.
The liaison will work with parents who provide documentation showing Arizona Department of Child Safety employees knowingly presented false evidence, filed false pleadings, or suppressed evidence of parental fitness, for criminal prosecution with local law enforcement in the jurisdiction where the dependency is at issue, regardless of the status of the dependency before the court.
A recurring technique used to weave false narratives to the Juvenile Court is the submission of summaries and reports by DCS employees of previous complaints, parental participation in services, counseling outcomes, and bias progress reports by case managers in support of corrupt practices of providing false narratives to the court to justify an illegitimate severance of parental rights of an otherwise fit parent.
We demand an end to these corrupt practices and that no such summaries and narratives be supplied to the Juvenile Court by DCS employees. Summaries and reports are to be prepared and the responsibility of the Attorney General of Arizona and that evidence the state summarizes shall include the original documents they are citing (actual counseling records, the original complaint(s) and DCS findings when cited, witness interview transcriptions, photographic evidence cited, and parent aid reports from the providers themselves).
Another common technique used by corrupt case managers at DCS is the wanton violation of the Juvenile Rules of Court, specifically as it relates to the disclosure and discovery of evidence required to be shared under the Rules. We demand that Judges in juvenile court proceedings require the state to conform to these discovery rules, without motion and by movement of the court on its own volition.
Parents cannot defend their due process rights of contesting false narratives presented before the court without this required discovery, already provided for in the Rules. The judges in these dependencies will require the state, without motion, to verify affirmatively with counsel for the parents that originals of all evidence were provided to the parents within 24 hours prior to preliminary protective hearings, conforming to R. Proc. Juve. Ct. 44 B (1), and all documentary evidence received by DCS or the state be submitted, not summaries and narratives, but the original evidence, hard copy mailed and electronically delivered directly to the parents and separately, to their counsel, within 5 days of receipt of that evidence in possession by the state, conforming to R. Proc. Juve. Ct. 44 B (1). Failure to produce this evidence as required by the Rules will be construed as a violation of the parents due process rights and will automatically trigger a movement by the court, without motion, for a dismissal of the dependency and a return of the children to the custody of their parents.
No more then 60 days prior to a contested adjudication hearing, the state will provide the parents and the counsel for the parents, a disclosure statement AND all the original evidence disclosed on that statement, as required in R. Proc. Juve. Ct. 44 B (2). We demand adoption of rules barring narratives from case managers at the Arizona Department of Child Safety and an automatic mechanism where original evidence is sent directly to the parents, regardless of counsel. Most parents do not know about, have access to, or an understanding how to use The Juvenile Access Communication Exchange (JAX), and most times the state and DCS does not upload evidence in this system in a timely manner, or originals of evidence in their possession, in violation of the Rules.
The Juvenile Access Communication Exchange (JAX), and DCS has a history of not inputting evidence into the system in a timely manner, or during the furtherance of false narratives. We therefore demand all evidence be sent to the parents in hard copy form within 5 days as stipulated already under R. Proc. Juve. Ct. 44 B (1) and within 60 days of contested adjudication hearings as stipulated under R. Proc. Juve. Ct. 44 B (2), with changes to the Rules for these automatic discovery mechanisms in place protecting the due process rights of parents against false narratives and disclosure statements of evidence that could be misrepresentations of evidence by the state, so parents have a monitoring feature of court appointed counsel on the objection and responding to evidence submitted by the state.
We also demand a change in Juvenile Rules to require the presiding judges to require the state to affirm at all hearings that discovery was conducted without request of parents or their counsel, and that they judge are required to sanction the state for violation of the discovery rules, upon the courts own movement and required under an amended rule, on movement by the court as an automatic feature guaranteeing the due process rights of parents in dependency and severance proceedings.
The Arizona Advocacy Foundation for Victims of DCS Corruption are ardent supporters of the Arizona Juvenile Court System in protecting Arizona's children from abuse and neglect. These demands are designed to eliminate the juvenile court as a "rubber stamp" for DCS corruption, and put the responsibility for the fair and impartial due process rights of the parents solely in the hands of the judges, who will be held personally accountable for any abrogation of parental rights within their courts. These rule changes and demands for the judges to enforce these rules are important for parents defending their most precious rights and liberties as Arizonans and American citizens....the right to possess and associate with one's own children.
In addition to the administrative penalties already demanded above, we are lobbying the Arizona State Senate and House of Representatives for amended statutes making a malicious prosecution by any Arizona Department of Child Safety employee, their filing of knowingly false evidence contradicting a parents fitness to care for their children, and filing false pleadings and suppressing evidence in support of a non evidentiary false narrative of abuse and neglect, to be classified as a class 3 criminal Felony, with up to seven years in jail time for first offenders.
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