NY City Council-Res #22

In Response 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 cases.

B) An immediate Jury Trial not to exceed 6 months in duration nor 6 court appearances.

C) Children 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.

E) Children at least 9 years of age have the right to select any attorney of their choice to represent and protect their rights and liberty.

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.

K) Family 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.

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