I have a family home in that area that has been there for almost 80 years. I do my best to keep it up as well as making sure it has up to date codes. Still am asked to sell it so that it is torn down for some other to build a big fancy house. Add their community rules and high taxes. I will sale my soul to keep my family property. If you want to build, then do it around me because am not going anywhere. Some of us still have pride in where we live and grew up.
You're right that unless we have access to all the info we don't really know if there was a case of neglect/abuse or not. But what IS being documented all over the country and has been documented by a very reputable research org. - the National coalition For Child Welfare Reform -- is that it's very likely that the parent/s' side of the story NEVER got on the record.
This is because of what appears to be a systemic violation of a parent/s' and/or caretaker/custodian's right to due process -- In NC, under UCCJEA, the parent and/or the the person who has physical custody of a child has to be given notice and an opportunity to be heard -- on the record --- before the custody of a child changes. -- unless there is an emergency. Beginning with NCGS 7B-406, the statutes governing Juvenile Neglect/Abuse/dependency tell how CPS is SUPPOSED to proceed - part of due process.
NC GS 7B-302 says that after the Director does an assessment of a situation based on a report of neglect or abuse -" (d) If immediate removal seems necessary for the protection of the juvenile or other juveniles in the home, the director shall sign a petition that alleges the applicable facts to invoke the jurisdiction of the court. Where the assessment shows that it is warranted, a protective services worker may assume temporary custody of the juvenile for the juvenile's protection pursuant to Article 5 of this Chapter."
Now in order to just go in and take a child, there has to be imminent danger.
Otherwise there is a process to invoke jurisdiction of the court, beginning with 7B-406 - and that includes summoning the parents to court to have a hearing to discuss the concerns - BEFORE taking a child.
Also, even if there IS an - "immediate need" and the courthouse is open, the DIRECTOR is supposed to take a petition -- containing FACTS - NOT conclusions - that explains what the concern is to the COURTHOUSE - not the magistrate. Even if the Director feels there is an emergency -- he/she still has to go to the COURTHOUSE if it is open. (if the courthouse is closed AND there is an emergency, the magistrate can write a petition)
Also if it's a true Emergency - imminent danger to the child if CPS doesn't remove him/her immediately - then the law gives CPS the authority to take the CHILD - but only for TWELVE HOURS --And the parent has a right to be WITH THE CHILD during that time. Then, says NC DHHS, there is supposed to be a meeting with the parents, the child (if the child is old enough) and CPS asap to basically see what is going on. THEN if there is STILL evidence for concern, a petition can be taken TO THE COURTHOUSE -- to request nonsecure custody .
If that occurs, the parents are supposed to get a summons and a copy of the petition with the allegations and THEN a hearing must be held within 7 days - and according to 7b-506 -(b) the parents have a right to be heard, cross-examine witnesses - have their own witnesses heard, and present evidence.
Now, here's the rub. If you question every parent in NC who's has a child taken from them, my guess is that you will find not ONE who was given his/her rights under 7B-506 (b) -- which also says that the burden of proof is ON THE PETITIONER to provide CLEAR AND CONVINCING evidence that the child should remain in custody.
I am a victim of this system. There was NO emergency. An emergency was not even alleged - harm to the child was not alleged and CPS admitted the child was healthy and unharmed. The petition not even ALLEGING an emergency was taken to the magistrate when the courthouse was open (see 7B-404). The required Affidavit that MUST state who had physical custody of the child and with whom he had lived in the last 5 years - -was fraudulent and the caseworker swore to its accuracy. UCCJEA requirement that the person who has physical custody of the child be heard (a federal law) was ignored, possibly because the affidavit was fraudulent.
I was NOT given the right to speak before or AFTER my grandson was taken from my arms, and I have been systematically prevented from presenting evidence - AND no one ever even alleged that my grandson was harmed or unhealthy. Furthermore, the caseworker violated NUMEROUS nc laws in her attempt to invoke jurisdiction of the court -- the case was NEVER VALId -- AND THE TRUTH NEVER got on the record ---
Therefore you can read the record, and all the authorities in the world can read what's ON THE RECORDS -- but that will not give you the facts -- it will give you DSS/CPS side of the story.
Whatever you think about a case, you should ask at least this: Was accused's right to due process violated so egregiously that he/she was prevented from being heard or from presenting evidence. If so then how much of a case could CPS really have, if they have to shut up the accused - if they won't let the whole truth on the record. Wouldn't you want to know what CPS is hiding? or distorting?
One more thing, imagine a grief-stricken parent, who doesn't even know what it is they've done to cause the action taken against him/her -- and having SEVEN days to come up with a defense -- and find an attorney - IF they can even afford one --- which likely CPS would not even bother them if they could..
In my case, CPS didn't even give me a copy of the petition - I didn't even know WHAT the accusations were - and the hearing was held TWO DAYS after my grandson was taken from me.
Imagine coming up with a defense in that time without even knowing what the "charges" are!
Instead of being so glib about such an important and heart-wrenching subject, you might consider doing a little research!
Thank you for posting this. It's more relevant now to the world with everyone is watch. Great story to repost. I'm sure since then my brother Stacey Cunningham is not the only victim in Meck Co.
Gilchrist apparently deserved to be attacked from both sides. He was a well-known homophobe who attempted to shut down anything to do with homosexuality on grounds of obscentity. He also stated that it was his wont to threaten defendants with homosexual sodomy in prison if they didn't cooperate with his office in obscenity cases, something that can get a person disbarred in enlightened jurisdictions, but apparently, not in North Carolina:
I have raised 2 teenagers and liveliness a road that is frequented by exercising cyclists who drive to my neighborhood, Park and ride our roads. Although our community despises them, their numbers only grow. I mention my teens because they were both traumatized while learning to drive, by the rudeness of the cyclists, and the fear of what to do, my wife and I both feared the worst, when a young driver is faced with passing on curved roads, because a biker refuses to move. I explained to one avid rider about my concerns, they then told me they carry a gun just in case drivers get too aggressive... Really?! You come to my neighborhood, armed and ready to aggregate? I was shocked, this is crazy. I used to ride myself, but i now go to a gym, and get my exercise without being a nuisance, roads were built for transportation not aerobics.
YT is right. Abraham Lincoln said the Blacks would have been better off if all the slaves would have been detoured from America and gone straight to South American countries. I'm not a racist, but I am objectionable to complainers and those who try to bring down this country for their own self pity and shortcomings. Slavery is over...Deal with it!
who wrote this
Maybe u need to learn how to get ur facts straight before you go posting things that aren't correct. That is my grandmother that you are going into such graphic detail about.
The point is that if you decide to bike on a busy road, don't be surprised if you get ran over on that same busy road---Do you think it would be wise for a mother to walk with her baby stroller and her 14 month old child on the non-existent shoulder during rush hour? No? Then what makes you think its a bright Idea to ride a bike? Because you are going 17 mph faster than the walking mother?
Dead is dead------who's fault it is really doesn't matter-----
So I need to leave our country if I expect a logical complete street arrangement and equitable means of getting around? Healthy active transportation means healthier populace. If people drove everywhere that would certainly offset the occasional accident since an in active lifestyle is far more dangerous that cycling to get from A to B. You would prefer a polluted, congested, expensive, closed off, miserable, and poorly planned city? Luckily, more people want better than that. I am sorry your city did a poor job of adding bike lanes, perhaps it was a design flaw... but to be so obtuse about any-and-all bike inclusion in the scope of transportation? It really serves no one. It is sad.
You're an idiot. This is Brett Buzek. I stayed there and was in jail for three days before I went to court, never left and I did 72 hours of community service and paid 1100 in fines. which i was on a payment plan for. because at the time I was 22 years old and made 36k a year and had a daughter and wife at home. I was in a BUSINESS trip genius. Meaning my the BUSINESS I worked for paid for my flight, hotel etc, people make mistakes and need a little financial assistance sometimes. Get off your high horse. Dick.
Doubt the jury was reminded that technically he had the legal right to resist unlawful arrest, to whatever degree necessary, even using deadly force. Sounds like Bruce steen was planted to help steer the jury away from a technically fair trial being that it's a very likely possibility montgomery's actions were technically lawful.
Go back to Africa where you have existed for over 10,000 years and have never invented a damn thing. Still living in sh*t huts and eating animal dung. Zimbabwe threw out the only productive people in the country the White farmers and took their farms. Now the farms are desolate and non producing and Zimbabwe is on International welfare. Before those farmers feed the country and exported food. See any similarites? Non productive and on the government dole. I've got an idea, y'all want to be African-Americans why not just be Africans? You are all such geniuses go back to Africa (richest in resources in the world) and have your own country were there are no White people to bother you. Then you can build the great Black empire and show the world how great you are without the White man holding you down.
he is out again
Oh, good. Bikers have shown up to be hipsterish and condescending. I was hoping that would happen.
Remember the fat people in the movie Wall-E? You are the embodiment of those people, but you don't have a fancy hoverchair. Instead, you schlep your fat behind from the couch to the car to the officechair and wonder why *other* people are so stupid.
Is this the Rutgers study you are referring to?
The goal: Reduce dependence on foreign oil
The goal: Reduce green house gasses
The goal: Stem America's obesity epidemic
The goal: Reduce heart disease
The answer: Eliminate bike riders???? Really?
Not to mention the fact that the roads don't belong to just those financially able to purchase, maintain, repair, insure, and fuel a car. Some people have other needs for that $10,000 a year.
Hey highspeed; did you read the freakin article?
I am shocked by how much college costs today. Of course I went to a state two year institution after my high school college advisor told me "you're not college material" and then transfered to a an out of state university who took all my credits but never at the rates today's colleges charge. There would be no way I could have attended. It is sad that high school advisors are either clueless or biased that kids are robbed of a livelihood after schools rob citizens of their wallets in the name of education. States should ban teacher's unions because all they do is to insure teachers get benefits and the heck with students.
Womack Newspapers, Inc.
Powered by Foundation