Stand Up for the Surviving6

Please join us in our recent case we’re advocating for:

#StandUpfortheSurviving6

This family has been through too much to even say in one post. From this mom being a victim of domestic sex trafficking herself. To being physically abused and tormented by her first husband, who had later been convicted of sex trafficking. Moving states to get away from him. After about 9 years of being single she decided to take a chance. She did everything right. He Didn’t meet the kids until after 6 months. And they always met in a public place. After awhile they eventually got married. Then signs started to show with Micheal. He dragged this Mom down the stairs while pregnant. Through a cleaning bottle at her daughters head. 3 out of the 5 kids have disclosed sexual abuse and assault by this Disgusting excuse for a man, Micheal. She couldn’t do anything to get away from him because he was always showing up. She walked in on him masterbating next to her one year old on the bed while rubbing his “back.” Nebraska system says that is NOT considered sexual assault. Then, in the middle of Disney Land, he was punched by a woman who claimed he was touching himself while looking at her daughter. He’s gotten away with way too many things that make you question just how messed up the “officials” in NE are! Not to mention his own parents were arrested when found in possession of a video of them raping a mentally ill child!
Now mind you, NE law states that they have to prove the mother unfit to have her rights taken away. The only thing they do is doc her for every breathe she takes, heaven forbid she cancel because her son is sick, heaven forbid she call 911 when her daughter tells her to CALL 911, she’s “meddling.”! This mother has done nothing but try to protect her family, her babies. Yet it seems she’s the one on trial? for what? Because you don’t like her stepping on your toes and telling you when something isn’t right? Because she’s gone above and beyond for y’all and you didn’t want or expect her to? “Child best interest” is always THE WORKERS BEST INTEREST. The Social worker even wanted to tell me one thing on the phone and then Tell the mother another thing! Sorry hun, I have it recorded!! So tired of the broken system that claims to be for safety of children and families but either do nothing or allow for further trauma. 

WE NEED KAILY BACK HOME IN HER MOMS CARE! WE NEED MICHEAL CHARGED WITH WHAT HE SHOULD BE! and then this family needs our assistance in moving so that not only does the oldest’s dad not find them (thanks RABECCA) but also so Micheal cannot retaliate and come after them AGAIN! 
We need to raise enough money to continue to pay for an attorney, and enough money to get Kaily home and the whole family moved to SAFETY!! 


Kaily has been sexually abused,  Physically abused and emotionally abused. She disclosed the abuse but then was made to feel like a liar. She disclosed abuse/neglect and harmful environment within the Foster placements, but then reprimanded by said Foster parents because of the lack of protecting her, the CPS worker Rebecka just disclosing what she said to the Foster parents without following protocol.
This led to Kaily not wanting to say anything anymore or retract what she would previously say because she does not feel SAFEunder this state employee's care. The very system that is put in place to protect her.
She’s been placed in homes that are not on her guidelines of placement; without younger children. She’s not received the proper medical treatment/therapy that is needed for her to succeed. Americans with Disability Act, includes mental health. Then we have the breaking of confidentiality of personal and/or medical information to the school staff at which she was attending. The unethical breaking of this confidential information has led to her being removed from school grounds, humiliated, tormented, and further traumatized by this Social worker Rebecka. Communication with the school and unethically breaking confidentiality that impeded on the best interest of the child is two very different things. Punishable by law and Social Worker ethical standards.
Because of the lack of proper understanding, documentation, information, training, following protocol, and just doing the job as it is titled, all of the actions done by the State have further impeded on her mental growth development and functioning. This would include but not limited to her social, cognitive, psychosocial, emotional, and physical development and functioning.
Not having proper therapy, care and needs met, increases the risks of these development stages to be delayed or impeded on. In which is harmful to the child.
The lack of care for Kaily’s mental health and well-being, is clearly evident to not be abiding by the state and federal laws of a ward minor. Nor the Strengthing Families Act that indicates the minor is to be provided with normalcy on all levels for their appropriate age.
Kaily is capable of going back to her mother’s care, where she belongs, but the case worker has done everything for this not to happen. So, I ask you this, while keeping in mind the laws that are being broken, why is Kaily permitted by the state social worker to stay in a home that is against her placement guidelines, though it has not been granted for her to return to her mother’s care and get proper treatment that the state has failed to provide. The mom has beyond proven herself fit and capable. In which she should not even have to do under Nebraska State Law, since she voluntarily placed Kaily, for HELP. Not for her to be further traumatized and then added on more abuse and neglect.
The overuse of power here has exceeded the level of ridiculousness and should be investigated and resolved immediately!
 
The following Laws apply when managing Kaily’s care, placement, safety and well-being.
 
Please review the following state and federal laws carefully in regard to Kaily’s safety and proper case management.
 
●      Nebraska code: 43-1312.01.
○      A juvenile court may not, under section 43-285(2), change a juvenile's permanency plan from family reunification to guardianship unless there has been a prior adjudication of the juvenile under section 43-247(3)(a), which adjudication is a requirement under this section for establishing a juvenile guardianship. In re Interest of LeVanta S., 295 Neb. 151, 887 N.W.2d 502 (2016).
●      Nebraska Code 43-285.
●      Care of juvenile; duties; authority; placement plan and report; when; independence hearing; standing; Foster Care Review Office or local foster care review board; participation authorized; immunity.
○      (2)(a) Following an adjudication hearing at which a juvenile is adjudged to be under subdivision (3)(a) or (c) of section 43-247, the court may order the department to prepare and file with the court a proposed plan for the care, placement, services, and permanency which are to be provided to such juvenile and his or her family. The health and safety of the juvenile shall be the paramount concern in the proposed plan.
○      (b) The department shall provide opportunities for the child, in an age or developmentally appropriate manner, to be consulted in the development of his or her plan as provided in the Nebraska Strengthening Families Act.
●      Nebraska Code: 43-4711.
●      Juvenile court; determination; findings or orders.
○      (1) At every dispositional, review, or permanency planning hearing, the juvenile court shall make a determination regarding:
○      (a) The steps the department is taking to ensure the child’s foster family home or child-care institution is following the reasonable and prudent parent standard;
○      (b) Whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities; and
○      (c) Whether the department has consulted with the child in an age or developmentally appropriate manner about the opportunities of the child to participate in such activities.
○      (2) In making this determination, the juvenile court shall ask the child, in an age or developmentally appropriate manner, about his or her access to regular and ongoing opportunities to engage in age or developmentally appropriate activities. If the child, the guardian ad litem, the caregiver, or a party to the proceeding believes that the child has not had regular, ongoing opportunities to engage in such activities, the juvenile court may make appropriate findings or orders to ensure the child has regular, ongoing opportunities to engage in age and developmentally appropriate activities. In making such findings or orders, the court shall give deference to the caregiver in making decisions within the reasonable and prudent parent standard.
●      Nebraska Code, 43-1506.
●      Voluntary proceeding; consent; when valid; initiation of voluntary services; notice; department or state; duties; withdrawal of consent.
○      (1) When any parent or Indian custodian voluntarily consents (a) to a foster care placement or (b) to relinquishment or termination of parental rights, such consent shall not be valid unless executed in writing and recorded before a judge of a court of competent jurisdiction and accompanied by the presiding judge's certificate that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Any consent given prior to, or within ten days after, birth of the Indian child shall not be valid.
○      (4) When the department or the state offers the parent or Indian custodian services through a voluntary foster care placement or in-home services, the department or the state shall provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family or unite the parent or Indian custodian with the Indian child until these efforts have proved unsuccessful.
○      (6) Any parent or Indian custodian may withdraw consent to a foster care or voluntary foster care placement under state law at any time and, upon such withdrawal, the child shall be returned to the parent or Indian custodian.
○      (7) In any voluntary proceedings for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the child shall be returned to the parent.
●      Nebraska Code, 43-283.01.
●      Preserve and reunify the family; reasonable efforts; requirements.
○      (5) Except as otherwise provided in the Nebraska Indian Child Welfare Act, if the family includes a child who was conceived by the victim of a sexual assault and a biological parent is convicted of the crime under section 28-319 or 28-320 or a law in another jurisdiction similar to either section 28-319 or 28-320, the convicted biological parent of such child shall not be considered a part of the child's family for purposes of requiring reasonable efforts to preserve and reunify the family.
○      (7) Reasonable efforts to place a juvenile for adoption or with a guardian may be made concurrently with reasonable efforts to preserve and reunify the family, but priority shall be given to preserving and reunifying the family as provided in this section.
●      http://dhhs.ne.gov/Chapter%20Policy%20Memos/8.11%20Placement%20Holds%20in%20Foster%20Homes.pdf
●      http://dhhs.ne.gov/Chapter%20Policy%20Memos/8.9%20Placement%20Concerns.pdf
●      Nebraska Code: 43-4318.
●      Office; duties; reports of death, serious injury, or allegations of sexual abuse; when required; reports of occurrences at youth rehabilitation and treatment center; state agencies, law enforcement agencies, and prosecuting attorneys; cooperation; confidentiality.
○      (1) The office shall investigate:
○      (a) Allegations or incidents of possible misconduct, misfeasance, malfeasance, or violations of statutes or of rules or regulations of:
○      (i) The department by an employee of or person under contract with the department, a private agency, a licensed child care facility, a foster parent, or any other provider of child welfare services or which may provide a basis for discipline pursuant to the Uniform Credentialing Act;
○      (ii) Subject to subsection (5) of this section, the juvenile services division by an employee of or person under contract with the juvenile services division, a private agency, a licensed facility, a foster parent, or any other provider of juvenile justice services;
○      (iii) The commission by an employee of or person under contract with the commission related to programs and services supported by the Nebraska County Juvenile Services Plan Act, the Community-based Juvenile Services Aid Program, juvenile pretrial diversion programs, or inspections of juvenile facilities; and
○      (iv) A juvenile detention facility and staff secure juvenile facility by an employee of or person under contract with such facilities;
○      (b) Death or serious injury in foster homes, private agencies, child care facilities, juvenile detention facilities, staff secure juvenile facilities, and other programs and facilities licensed by or under contract with the department or the juvenile services division when the office, upon review, determines the death or serious injury did not occur by chance; and
○      (c) Death or serious injury in any case in which services are provided by the department or the juvenile services division to a child or his or her parents or any case involving an investigation under the Child Protection and Family Safety Act, which case has been open for one year or less and upon review determines the death or serious injury did not occur by chance.
○      (2) The department, the juvenile services division, each juvenile detention facility, and each staff secure juvenile facility shall report to the office (a) all cases of death or serious injury of a child in a foster home, private agency, child care facility or program, or other program or facility licensed by the department or inspected through the commission to the Inspector General as soon as reasonably possible after the department or the Office of Probation Administration learns of such death or serious injury and (b) all allegations of sexual abuse of a state ward, juvenile on probation, juvenile in a detention facility, and juvenile in a residential child-caring agency. For purposes of this subsection, serious injury means an injury or illness caused by suspected abuse, neglect, or maltreatment which leaves a child in critical or serious condition.
○      (3)(a) The Office of Juvenile Services shall report to the office of Inspector General of Nebraska Child Welfare as soon as reasonably possible after any of the following instances occur at a youth rehabilitation and treatment center:
○      (i) An assault;
○      (ii) An escape or elopement;
○      (iii) An attempted suicide;
○      (iv) Self-harm by a juvenile;
○      (v) Property damage not caused by normal wear and tear;
○      (vi) The use of mechanical restraints on a juvenile;
○      (vii) A significant medical event suffered by a juvenile; and
○      (viii) Internally substantiated violations of 34 U.S.C. 30301 et seq.
○      (b) The Office of Juvenile Services and the office of Inspector General of Nebraska Child Welfare shall, if requested by either party, work in collaboration to clarify the specific parameters to comply with subdivision (3)(a) of this section.
○      (4) The department shall notify the office of Inspector General of Nebraska Child Welfare of any leadership changes within the Office of Juvenile Services and the youth rehabilitation and treatment centers.
○      (5) With respect to any investigation conducted by the Inspector General pursuant to subdivision (1)(a) of this section that involves possible misconduct by an employee of the juvenile services division, the Inspector General shall immediately notify the probation administrator and provide the information pertaining to potential personnel matters to the Office of Probation Administration.
○      (6) Any investigation conducted by the Inspector General shall be independent of and separate from an investigation pursuant to the Child Protection and Family Safety Act. The Inspector General and his or her staff are subject to the reporting requirements of the Child Protection and Family Safety Act.
○      (7) Notwithstanding the fact that a criminal investigation, a criminal prosecution, or both are in progress, all law enforcement agencies and prosecuting attorneys shall cooperate with any investigation conducted by the Inspector General and shall, immediately upon request by the Inspector General, provide the Inspector General with copies of all law enforcement reports which are relevant to the Inspector General's investigation. All law enforcement reports which have been provided to the Inspector General pursuant to this section are not public records for purposes of sections 84-712 to 84-712.09 and shall not be subject to discovery by any other person or entity. Except to the extent that disclosure of information is otherwise provided for in the Office of Inspector General of Nebraska Child Welfare Act, the Inspector General shall maintain the confidentiality of all law enforcement reports received pursuant to its request under this section. Law enforcement agencies and prosecuting attorneys shall, when requested by the Inspector General, collaborate with the Inspector General regarding all other information relevant to the Inspector General's investigation. If the Inspector General in conjunction with the Public Counsel determines it appropriate, the Inspector General may, when requested to do so by a law enforcement agency or prosecuting attorney, suspend an investigation by the office until a criminal investigation or prosecution is completed or has proceeded to a point that, in the judgment of the Inspector General, reinstatement of the Inspector General's investigation will not impede or infringe upon the criminal investigation or prosecution. Under no circumstance shall the Inspector General interview any minor who has already been interviewed by a law enforcement agency, personnel of the Division of Children and Family Services of the department, or staff of a child advocacy center in connection with a relevant ongoing investigation of a law enforcement agency.
 
CONSTITUTIONAL RIGHTS
 
●      The dispositional statutes (sections 43-283 to 43-2,101) do not violate the equal protection provisions of either the U.S. Constitution or the Constitution of the State of Nebraska, because they validly classify status offenders, who do not violate the state's criminal law, on the one hand, and juvenile criminal offenders, on the other, who violate the state's criminal law by their own volitional acts. In re Interest of C.G. and G.G.T., 221 Neb. 409, 377 N.W.2d 529 (1985).
●      The Equal Protection Clause is from the text of the Fourteenth Amendment to the United States Constitution. The clause, which took effect in 1868, provides "nor shall any State ... deny to any person within its jurisdiction the equal protection of the laws". It mandates that individuals in similar situations be treated equally by the law.[1][2][3]
THEREFOR FOSTER PARENTS, SOCIAL WORKERS, CASA WORKERS, FAN WORKERS, JUDGES, DHHS, CPS, CFS, etc. SHOULD BE HELD JUST AS LIABLE IN A COURT OF LAW FOR NEGLECT, ABUSE, ABUSE OF POWER, FORGERY, UNLAWFUL PLACEMENT OF A MINOR, ENDANGERING THE WELFARE OF A CHILD, EMOTIONAL TRAUMA, FAILURE TO UPHOLD THE LAW AS A GOVERNMENT WORKER, FAILURE TO INVESTIGATE COMPLAINTS RECEIVED AND MUCH MORE!
●      Nebraska Code 43-257.
●      Unlawful detention or placement; penalty.
○      Any person who knowingly holds a juvenile in detention or placement in violation of any of the provisions of section 43-255 or 43-256 shall be guilty of a Class III misdemeanor
 
 




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Organizer

Laura Brown 
Organizer
Newburgh, NY
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