City Council-Res #22
to the U.S. Court of Appeals ruling on 10/13/99, which
states "It is Unconstitutional for the Administration
for Children's Services to Remove Children from their
parent's custody without a Court Order, Unless there is
an imminent Risk of Harm."….
We, the undersigned
registered voters, do hereby DEMAND the following:
I. The appointment
of a Special Federal Prosecutor to investigate the Human
Rights Violations, Wrongful Removals and Unconstitutional
Practices against Children and their Parent(s) by: The
NYC Administration for Children's Services, it's contracted
Agencies and the NY Family Court System.
II. An immediate
investigation by the appointed Special Federal Prosecutor
of the patterns and practices by Family Court Judges of
New York City.
III. A referendum
added to the ballot of the next New York State Election
(2002) regarding the following amendments to the New York
State Family Court Act:
A) The immediate
establishment of Jury Trials deciding all Family Court
B) An immediate
Jury Trial not to exceed 6 months in duration nor 6 court
are not to be removed from their homes nor held in hospitals
unless, there are bruises visible on the child's body
that could reasonable be believed to have been inflicted
by the parent(s) and as assessed by at least one independent
licensed physician (not appointed by the court).
D) An immediate
subpoena of all records that are related to the child
or parent of the individual(s) or institution making the
allegation of abuse or neglect.
at least 9 years of age have the right to select any attorney
of their choice to represent and protect their rights
F) The immediate
abolishment of mandatory court ordered Psychological evaluations
unless the parent(s) has previously been deemed clinically
or mentally unfit before allegations were filed.
G) A clearer
definition of what is eminent risk for it in it's present
state it is to generic a term and can too easily be manipulated
to fit any situation and a clearer definition describing
distinctions between abuse and physical discipline.
H) The abolishment
of a treating hospital's ability to place a child under
"hospital hold" absent a "court order", hence violating
the parent's right to discharge their child, where the
child's vital signs are stable and a 2nd Medical Opinion
is sought by a licensed NYS physician within 3 - 5 days.
I) The suspension
of all Federal funds to New York State's Child Protective
Services and contracted Agencies.
J) The use
of Cameras in the courtroom with the permission of the
accused parent(s) in order to monitor all proceedings.
Court and Criminal Court Judges should be elected by the
communities they serve. and or the city council, with
an independent community originated review board that
will also have some degree of say in their re-appointment.