A National Alert Of Inhumane "Cruelty"

A life threatening situation on a (Day to Day) Bases

The steps i am going to share with you are major weapons in court!   Both state family court and the appeals court.

 These are the hearings in their steps!

1- Emergency Removal"

2-Emergency (Probable cause) Hearing

3- Adjudication Hearing"  (Trail)

4-Disposition Hearing"

5-Reveiw Hearing"

 

Rule 6-10. Trial counsel's duties with regard to dependency-neglect appeals.

(a) Trial counsel shall explain to his/her client all rights regarding any possible appeal, including deadlines, the merits, and likelihood of success of an appeal.

(b) If appellant is indigent, trial counsel shall file a motion seeking an indigency determination for purpose of appeal with the Circuit Court and ensure that appellant has signed the notice of appeal pursuant to Rule 6-9.

(c) Trial counsel who represent indigent parents and custodians shall serve the Arkansas Public
Defender Commission by electronic submission or other method of delivery a file-marked copy of the notice of appeal and the order or orders that are being appealed within three (3) business days of filing the notice of appeal with the Circuit Clerk.

(1) Trial counsel shall timely respond to all reasonable requests for information to the Arkansas Public Defender Commission for purpose of appeal. Trial counsel for indigent parents or custodians shall not be relieved as counsel for the purpose of appeal until the Public Defender Commission timely receives the properly filed notice of appeal, questionnaire, and the order(s) appealed.

(2) The Arkansas Public Defender Commission shall send confirmation of receipt to trial counsel. This confirmation shall operate to relieve trial counsel of representation of the client for the limited purpose of appeal, and no motion to be relieved will need to be filed with the appellate court.

(d) The Circuit Court shall retain jurisdiction of the dependency-neglect case and conduct further hearings as necessary. Trial counsel, whether retained or court-appointed, shall continue to represent his/her client in a dependency-neglect case in the Circuit Court throughout any appeal to the Arkansas Supreme Court or Arkansas Court of Appeals, unless permitted by the trial court to withdraw in the interest of justice or for other sufficient cause.

(e) After the notice of appeal is filed with the Circuit Court, the appellate court shall have exclusive jurisdiction to relieve counsel for the purpose of appeal, except as provided in subsection (c). All substitute counsel shall file an entry of appearance with the Clerk of the Supreme Court.

History. Adopted May 18, 2006, effective July 1, 2006; amended September 25, 2008.

 

Steps to consider and actions to take (in my oppinion)

 1- Emergency Removal"
  
From the first day that dcfs does an emergency pick up from your home, get a blank petition from an attorneys office or online.   File a petition (Demanding a jury) for the Adjudication Hearing"  (Trail).   You only have 14-days from when you are served papers to appear in court to do this petition.  Read what they are accusing you of, then go to this link- http://nij.gov/topics/crime/child-abuse/welcome.htm and read.  if it is any form of Child Abuse and Maltreatment then it is a criminal matter, not a civil matter according to the law-books, there forth you have the legal right to a jury. Or they must drop the Child Abuse and Maltreatment and apply something else which pertains to a civil matter.
If the court refuse,s you the right of a jury then file a motion for mistrial.
 
  
2-Emergency (Probable cause) Hearing,
First off, tell your attorney to put you on the stand and ask you, (Under Oath) did you commit the allegation that the report states you did, 
(refute the charge) right then, other wise it is taken as truth/fact and considered evidence,  and you only have 30-days to do this, then it is also considered truth/fact, evidence in the court.
 
Next, tell your attorney to petition DCFS.   The petition should be a,
  (file a Writ of Habeus Corpus) or (file a Writ of Mandamus)
meaning that you are petitioning DCFS , "ordering" DCFS to
(produce legal-Evidence) to substantiate the allegation or close your case after you have exhausted levels of state courts!
 
Very important fact as well!   (Do not ask your attorney) to do these things, tell them or fire them in court, right then!  if they refuse. you have that right for  one and they can not continue your Hearings unless you have
(legal-representation)  The Legal-Aid attorneys lack a great deal of experience and knowledge of law to represent you properly as we found out in our own experience.

As a last resort to ware you down (emotionally) and (mentally) so that you will walk away and drop the fight, they will grant you an appeal in a (State applets-Court) and then the next step is re-hearing in a (state Supreme Court) which is still on the (State level) 

You can not win on that level of law, You must take your case to a

(Federal Applets Court) (Federal Supreme Court) which will open many doors for you to win along with law-suits against any party involved in your case.  And secondary, if you win the law-suit, they must pay!  or you have the privilege of forcing that person to sale what ever they own in order to pay the court order suit.  

(This includes, Land, House, Businesses)

Order this course and learn and fight back (Jurisdictionary)

standardized data on false, unfounded, unsubstantiated, and substantiated reports;

 

  
 
 
(i) standardized data on false, unfounded, unsubstantiated, and substantiated reports; [Struck out->] [ and ] [<-Struck out]. (ii) * * *
 
 
 
 
 

Child Abuse Prevention and Treatment Act

TITLE I -- GENERAL PROGRAM

SEC. 101OFFICE ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5101]
  1. ESTABLISHMENT.--The Secretary of Health and Human Services may establish an office to be known as the Office on Child Abuse and Neglect.
  2. PURPOSE.--The purpose of the Office established under subsection (a) shall be to execute and coordinate the functions and activities of this Act. In the event that such functions and activities are performed by another entity or entities within the Department of Health and Human Services, the Secretary shall ensure that such functions and activities are executed with the necessary expertise and in a fully coordinated manner involving regular intradepartmental and interdepartmental consultation with all agencies involved in child abuse and neglect activities.
SEC. 102.ADVISORY BOARD ON CHILD ABUSE AND NEGLECT. [42 U.S.C. 5102]
  1. APPOINTMENT.--The Secretary may appoint an advisory board to make recommendations to the Secretary and to the appropriate committees of Congress concerning specific issues relating to child abuse and neglect.
  2. SOLICITATION OF NOMINATIONS.--The Secretary shall publish a notice in the Federal Register soliciting nominations for the appointment of members of the advisory board under subsection (a).
 
-CITE-
    42 USC CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT
           AND ADOPTION REFORM                             02/01/2010

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                  REFORM                         

-HEAD-
      CHAPTER 67 - CHILD ABUSE PREVENTION AND TREATMENT AND ADOPTION
                                  REFORM


-MISC1-
                      SUBCHAPTER I - GENERAL PROGRAM                 
    Sec.                                                    
    5101.       Office on Child Abuse and Neglect.                   
    5102.       Advisory board on child abuse and neglect.           
    5103.       Repealed.                                            
    5104.       National clearinghouse for information relating to
                 child abuse.                                        
    5105.       Research and assistance activities.                  
    5106.       Grants to States and public or private agencies and
                 organizations.                                      
    5106a.      Grants to States for child abuse and neglect
                 prevention and treatment programs.                  
    5106a-1, 5106b. Repealed.                                        
    5106c.      Grants to States for programs relating to
                 investigation and prosecution of child abuse and
                 neglect cases.                                      
    5106d.      Miscellaneous requirements relating to assistance.   
    5106e.      Coordination of child abuse and neglect programs.    
    5106f.      Reports.                                             
    5106f-1.    Report concerning voluntary reporting system.        
    5106g.      Definitions.                                         
    5106h.      Authorization of appropriations.                     
    5106i.      Rule of construction.                                
    5107.       Discretionary programs; authorization of
                 appropriations.                                     

                  SUBCHAPTER II - ADOPTION OPPORTUNITIES             
    5111.       Congressional findings and declaration of purpose.   
    5112.       Repealed.                                            
    5113.       Information and services.                            
    5114.       Study and report of unlicensed or unregulated adoption
                 placements.                                         
    5115.       Authorization of appropriations.                     
    5115a.      Repealed.                                            

    SUBCHAPTER III - COMMUNITY-BASED GRANTS FOR THE PREVENTION OF CHILD
                             ABUSE AND NEGLECT
    5116.       Purpose and authority.                               
    5116a.      Eligibility.                                         
    5116b.      Amount of grant.                                     
    5116c.      Repealed.                                            
    5116d.      Application.                                         
    5116e.      Local program requirements.                          
    5116f.      Performance measures.                                
    5116g.      National network for community-based family resource
                 programs.                                           
    5116h.      Definitions.                                         
    5116i.      Authorization of appropriations.