justiceformychildren

February 17, 2015

Ms. Alisha Hamilton, Case Worker

Protection and Permanency

109 E. Irvine Street
Richmond, KY 40475

859-615-1204

Dear Ms. Hamilton,

The Kentucky Unified Juvenile Code was enacted and mandated to protect children & provide them with legal rights: a right to be free from any form of abuse and neglect as well as the right to be raised by his/her own parents, whenever possible. It also provides Statutes/Laws regarding the rights of children and statutes/laws that the Department for Community Based Services, Division of Protection and Permanency, hereto after referred to as DCBS, must also follow.

educational instruction and the right to a secure, stable family.

As the Case Worker on my child’s case, it is your duty to preserve the rights of my child (children). Pursuant to KRS 600.010, you are to promote efforts of protection, strengthen and maintain the biological family and offer any available resources to the family. This statute does not make any reference to an exclusion of the non-custodial parent nor defines “families” strictly as the custodial parent. Likewise, KRS 600.010 (2)(c), also clarifies that less restrictive alternatives have been attempted, or are not feasible, in order to insure that children are not removed from families except when absolutely necessary.

KRS 600.020 defines or states definitions of child abuse, neglect & dependency as:

Abuse or neglected child means a child whose health or welfare is harmed or threatened with harm when his parent or person exercising custodial control:

Inflicts or allows to be inflicted

KRS 620.010 describes children’s rights as: Children have certain fundamental rights which must be protected and preserved. These include but are not limited to, the rights to adequate food, clothing and shelter; the right to be free from physical, sexual or emotional injury or exploitation; the right to develop physically, mentally, and emotionally to their potential; and the right to

upon the child physical or emotional injury (other than accidental means)
Creates or allows to be created a risk of physical or emotional injury as defined in this section to the child by other than accidental means
Engages in a pattern of conduct that renders the parent incapable of caring for the immediate and ongoing needs of the child including, but not limited to, parental incapacity due to alcohol and other drug abuse as defined in KRS 222.005(12)
Continuously or repeatedly fails or refuses to provide essential parental care and protection for the child, considering the age of the child
Commits or allows to be committed an act of sexual abuse, sexual exploitation, or prostitution upon the child
Creates or allows to be created a risk that an act of sexual abuse, sexual exploitation, or prostitution will be committed upon a child
Abandons or exploits the child
Does not provide the child with adequate care, supervision, food, clothing, shelter, education or medical care necessary for the child’s well-being. A parent or other person exercising custodial control or supervision of the child legitimately practicing the person’s religious beliefs shall not be considered a negligent parent solely because of failure to provide specified medical treatment for a child for that reason alone. This exception shall not preclude a court from ordering necessary medical services for a child;
Fails to make sufficient progress toward identified goals as set forth in the court approved case plan to allow for the safe return of the child to the parent that results in the child remaining committed to the Cabinet and remaining in foster care for fifteen (15) of the most recent twenty-two (22) months

You were provided with ample physical evidence via photographs that clearly showed both physical abuse (KRS 600.010(1)(a)) in the home of the custodial parent and emotional abuse (KRS 600.010(1)(b)) and even documentation of threatened abuse. You were provided with the name of a Tennessee State Social Services Worker who was witness to the physical marks on my child/children and whom also took report of the incidents from my children. You made no such efforts to contact the social worker for a copy of her report or to even speak with her directly for confirmation. My daughter has even written several letters and statements over the course of the last 3 years to various personnel to include a juvenile judge in TN, of which your department was provided copies of these letters describing the verbal and mental abuse Michaela and her sister, Anna has been enduring over the course of time. These statements by my daughter have gone ignored and instead, you all have ordered psychological treatment and diagnosed her with several mental disorders; which I am sure you did not inform her of her civil rights (4th & 14th Amendments) to decline such treatment or medications, but probably rather threatened her with further actions if she did not comply.

The emotional/mental abuse that my children have endured has been an ongoing problem in the custodial home since 2009. The emotional abuse has intensified over the years as my girls have gotten older and provided a voice to their own desires as to whom they wish to live with. Along with the increased emotional abuse also came signs of physical abuse. Your department has ignored the evidence for several years now and as a result, my eldest child acted out in other ways (sexually, truancy, runaway, etc.) to try and resolve the issues on her own. You, your department, county and state have not had the interest of my children or their rights and safety as your primary goal.

Not only is the custodial parent & step-parent guilty of abuse & neglect according to the statutes; but you and your department have contributed to the abuse of both my children once you took control of the situation and became the “person exercising custodial control or supervision”; ignoring the first form of evidence provided to you. People lie, but the photographs do not!

Your investigations into the matter within the custodial home were of no avail. Both due to the fact that your people could not see behind the lies given by the custodial parent and step-parent and the physical evidence of the inadequate shelter were masked due to your department providing them with ample time to clean up the home. Also intimidation and threats were given to my children beforehand so they would not incriminate their father and step-mother; for if they did, promises of physical consequences were made along and fears of more verbal/mental abuse where instilled in the girls’ heads. Had you and your department bothered to meet with me and my fiancé at any point during the past few years since your involvement, you would have been provided with adequate documents and information that would have clearly discredited information that was in your reports and proven the father and step-mother were bluntly lying to you.

Now, due to improper investigations and by neglecting the physical evidence provided to you, my eldest daughter, Michaela Valentine, has been charged with “Beyond Control of Parent” and labeled a “status offender”. (Initial charges filed by the father fall of 2013). All behavioral actions (clearly described in your departments handbook as signs for abuse) of misconduct could have been avoided had your department done their job initially; seeing all signs of the emotional abuse, and mental instability of the custodial parent (eldest daughter’s witness of handgun held to father’s own head as suicidal contemplation), therefor, removing my children from the home several years ago. The physical health of both the custodial parent and step-parent also could have been deemed as incapable for proper care of the children. Let’s also not forget the several years of medical, dental & optical care my children had gone without. It was not until custody proceedings began in Tennessee back in 2010 and the medical neglect issues brought up that Michael had bothered to take the kids to the dentist & orthodontist. Michaela complained of vision issues for nearly 2 years and her first medical eye exam wasn’t until she was place in your custody. (likewise with Anna) Doesn’t that tell you people anything?

You, your department and the courts, have placed my daughter at Sunrise Children’s Services, Morehead Center. There were no efforts made pursuant to KRS 600.010 (2)(c) for less restrictive alternatives of placement such as with myself and fiancé or with her grandparents (family members). As for placement with Michaela’s grandparents, the reside right there in Madison County, Richmond, KY therefore state jurisdiction does not apply to them (nor does it truly apply with me, which is addressed further in this letter). It is also with my daughter’s 4^th & 14^th Amendment rights to live with a parent without government interference. State employees who withhold a child from her family infringe on the family’s liberty of familial association (K.H. through Murphy v. Morgan, 7^th Cir. (1990)). Just for your information: a child can sue for their removal once reaching age of majority.

You stated you could not place Michaela with me in Tennessee since Kentucky does not have jurisdiction over custody. However, The Uniform Child-Custody Jurisdiction and Enforcement Act clearly explains that even if another state (which would be Tennessee in this case) retains “exclusive, continuing jurisdiction” to protect the original decree and for such state to modify its own decree, the other state (in this case Kentucky) does have authorization to exercise “temporary emergency jurisdiction” in cases that involve family abuse (as defined in KRS 600.020). A temporary emergency order is place to protect a child who has been subject to or threatened with mistreatment or abuse. Again, of which evidence had been provided to you, your department, the county and State of Kentucky. Had you had an emergency order adjudicated by the courts to place my child (children) with me, this order would have remained in effect during the ongoing custody litigation in Tennessee and until an order is obtained via Tennessee Courts; pursuant to rules of The Uniform Child-Custody Jurisdiction and Enforcement Act.

Now, according to your department’s rules and guidelines based on certain Kentucky statutes and Civil Rights based on U.S. Constitutional Amendments, as the mother (a parent) to Michaela Valentine, I have the below rights:

The right to be treated with respect;
The right to be heard and to help make decisions about your family;
The right to know about your child’s physical and mental health;
The right to know about your child’s school progress and participate in decisions concerning their educational needs;
The right to provide consent to and attend your child’s physical and mental health appointment;
The right to visit and maintain contact with your child;
The right to determine your child’s religious affiliation; and
The right to file a service appeal if you are not satisfied with your case plan or visitation agreement

I also have the below responsibilities:

Being supportive of your child in the place where they are receiving care. (Tell your child it is “OK” to be where they are with the people they are with);
Actively participating in your child’s treatment;
Communicating with social service worker and child’s caregiver;
Attending all of the scheduled visitations with your child and share information about your child with the caregiver. (Visitation provides an opportunity for you and caregivers to share information about your child); and
Doing your part to remove the reason(s) why your child was removed to get your children back into your care.

You, your department and Sunrise have deprived me of all of the above mentioned rights and responsibilities. I have not been given any respect by your department or any persons involved in my daughter’s case since the beginning 2+ years ago. I have been declined any contact or visitations of any nature with my daughter as of November 13, 2014. You will not permit me to participate in any of my child’s monthly reviews therefore preventing me from knowledge of her mental and physical health and from participation in her treatment plan. You and your department along with the staff at Sunrise are in violation of your own rules and laws without any just cause. According to the Commonwealth of Kentucky, 56^th Judicial Circuit, Guidelines for Visitation, “it is in the best interest of all children to have a healthy relationship with both their mother and father. Absent a court order to the contrary, the non-custodial parent shall have equal access to all school, medical, and psychological records, activities, programs, etc.”

KRS 620.050(7) states: “Nothing shall prohibit a parent from accessing records for his or her child providing that the parent is not currently under investigation by the cabinet relating to the abuse of a child.” Your state had received reports (Summer of 2014 & January of 2015) and referred for Intrastate Investigations. In both cases, Tennessee closed the case with no findings and verification of this was provided to Kentucky. If Kentucky still shows an open investigation case against me; it is due to lack of proper job procedures and someone not closing out the case on your state’s end and in your state’s computer system. You do not have legal justification under this statute in which to withhold visitations, communication or any other of my rights regarding my child/children.

Just for your knowledge, the January 2015 investigation was conveniently reported after the father’s attorney lost the jurisdictional argument and judgment for a timely trial date to be set of the custody case in Tennessee was ordered by the judge. Also, the accusation were those that my youngest daughter had threatened to report against me and my fiancé 3 ½ months prior if I refused to allow her to negate her court ordered visitations. If accusations were of real concern and factual, than it should not have taken someone 3 ½ months to report it. Kentucky State law states that falsely reporting child abuse or neglect can result in criminal charges. (This will be a matter for a later time that will be looked into)

You, your department and staff at Sunrise also have given me several other reasons to support why you all won’t allow me communication and visits with my daughter while in your state care. The first being to force her and her father to communicate to strengthen their relation as your goal is to return her to her father (despite evidence that would put her at risk for further emotional, mental and verbal abuse). We were initially ok with this and understood to build relationships back up. Two weeks or three were understandable, but it has now been over 3 months since I have had any contact or visits with my daughter. Your excuse for sending her back was that you do not have jurisdiction to place my daughter with me. I have already given you the laws earlier in this letter that contradict the jurisdiction excuse you and your department have given. Please feel free to review The Uniform Child-Custody Jurisdiction and Enforcement Act for yourself.

The most recent reason given by you and your department was that you have a legal court order against me revoking any of my visitations, communications and rights to my daughter. First of all, I never received a copy of such notice of a motion filed with the courts and I never received a copy of such an order from your courts. That in itself is illegal practice. Secondly, I contacted the court clerk’s office on January 28, 2015 and spoke with Jennifer who informed me there were no such documents or orders on file in the case file. You have boldly lied to me and my fiancé’ with your excuse. What lies have you, your department and the staff at Sunrise told my daughter about me and my fiancé at this point as well?

By law, you have no true legal backings to justify keeping me from any communications, visitations and all other legal rights I am entitled to with my daughter, Michaela. I ask that you immediately notify all parties involved and reinstate my communication, visitations and all other rights to my daughter. Failure to do so will result in further legal actions being taken against you, your department and possibly even Sunrise both for Civil Rights violations and criminal actions. If we have to come after you as a whole as Department of Community Based Services or as individuals, we will do such. If, after placing Michaela back in the home with her father results with her or her sister sustaining further mental and/or physical abuse, we will hold you liable for such occurrences and charges will be filed accordingly.

Also, upon further review of Kentucky Statutes and the guidelines set forth by the Department for Community Based Services, Division of Protection and Permanency, there are additional Statutes and guidelines that you and your department are in violation of as well as areas of civil rights. Review of Statute 615.030 Interstate Compact on the placement of children clearly defines other guidelines in which you could have placed my children in my custody and yet you did nothing outlined in this statute. I could go on in details of these guidelines that you failed to adhere to in any of your actions in this case. I could also continue to pinpoint all other amendment violations and Kentucky Statute laws you have broken; but I believe this letter covers the gist of things.

I have been in full compliance of all your departments requests and the Prevention Plan I received. You were faxed a signed copy of the plan. I have completed several request of the plan; i.e. mental assessment, child support, etc. (you will obtain copies of such documents when I am no longer being ignored or avoided by you and your department staff) Again, please do necessary to avoid further legal actions and reinstate all contact, correspondence and visitations with my daughter.

Sincerely,

Amy R. Tkachuk

Mother

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