WIN ON APPEAL

Recently, an appellate attorney advised a donnellyjustice reader and friend of mine, that her chances on appeal were 10% as were everybody’s. Why only 10%? Because court appointed attorneys do not make appealable objections on the record. Why don’t they? Because the “Defense Panel” attorneys are CPS’s court cohorts. So is the Judge by the way.  I know that times are really tough but if I were able to go back in time, I would hire an attorney to get objections on the record. Even if you hire an attorney, don’t expect to win in Juvenile Dependency court. The Judge is your jury and he’s not on your side.

Appellate court is not owned by CPS. Appellate court is much fairer and unless your case is reviewed by a prior Juvenile Dependency Judge (whose palms are being greased), the railroading that you’ve received in that court will be noticed and intolerable. But that is only if you’ve made objections to the perjury, falsified evidence, erroneous statements of fact and illegal actions by county counsel. For example:

Wrong:  The social workers removed your child for no valid reason.

Objection: Unreasonable detention.

Wrong: The social workers claim in their report that they provided “reasonable efforts” prior to removing your child yet they did no such thing.  Reasonable efforts include: welfare benefits, parenting classes, counseling, substance abuse treatment, bus passes, or informal supervision (home monitoring with occasional visits by a social worker).

Objection: Failure to provide reasonable services.

Wrong: The social worker commits perjury by making false statements in the report or during testimony at the detention hearing.

Objection: Misleading, false statements of fact and hearsay.

Wrong: Falsified drug tests attached to the report.

Objection: Hearsay. Request a hearing on the evidence and subpoena witnesses: Collection site worker who obtained the sample (if any), courier who transported the sample to the lab, lab worker who received the sample, the lab chemist who performed the initial screen test, the lab chemist who performed the confirmatory test, the certifying scientist who reviewed the lab chemist’s work, the MRO (Medical Review Officer if any), and the person who printed out the document. Be sure to subpoena all of the original documents and testing notes including the CONTROL FORM.

Wrong: After the Petition is sustained (or Amended Petition), any accusations that the social worker makes from there on cannot arbitrarily be made against you in any report. They must file a supplemental petition (in CA they are per Welfare & Institutions Code Sections 342, 364, 386, 387).

Objection: Hearsay. Unsubstantiated allegations. Not in the original or amended petition.

NOTE: ONCE YOU “SUBMIT” TO ANY PETITION YOU MAY STILL APPEAL IT ON THE GROUNDS THAT IT WAS A COERCED SUBMISSION. COERCED MEANS:

verb

past tense: coerced; past participle: coerced

1. 1.
   persuade (an unwilling person) to do something by using force or threats.

   “they were coerced into silence”

   synonyms:

   pressure, pressurize, press, push, constrain; More

   THEY COERCED YOU BY THREATENING TO NOT RETURN YOUR CHILD OR IF YOU HAVE YOUR CHILD THEN THEY THREATENED TO REMOVE THE CHILD IF YOU DIDN’T SUBMIT TO SOMETHING.

    

   MORE TO COME ON “WIN ON APPEAL”