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Saturday, March 5, 2011

Judicial System Greed Using Families a National Problem

County Children and Youth - State court is asked to step in
The Times Leader by Terrie Morgan-Beseckertmorgan - March 4, 2011

Attorney’s petition likens workings of county dependency court to “kids-for-cash” scandal.

An attorney who represented parents who have lost custody of their children to Luzerne County Children and Youth Services has asked the state Supreme Court to take jurisdiction over the county’s dependency court based on numerous abuses he alleges are being committed by caseworkers and others involved with the court system. Attorney James Hayward, whose license is now under suspension, said he filed a King’s Bench petition with the Supreme Court on Feb. 18, one day before his suspension took effect. Hayward said he filed the petition – an extraordinary measure that is utilized in cases alleging egregious violations – as a last-ditch effort to help his clients before he began serving the one-year suspension of his law license. “I’ll admit I made mistakes, but that doesn’t change the fact they are stealing kids,” Hayward said in an interview Thursday, referring to Children and Youth.

The Children and Youth director and a court-appointed attorney in such cases disputed the allegations. Hayward, of Wilkes-Barre, has spoken out passionately about abuses he believes are being committed against parents by Children and Youth. He made headlines in June after he held a press conference to announce he planned to file a federal class-action lawsuit against the agency, alleging widespread violations of the constitutional rights of parents. Hayward said Thursday the suit was never filed because of procedural issues relating to class-action suits. He said he decided to file the King’s Bench petition because he wants to ensure the problems are exposed in the hopes the Supreme Court will take some action. “If they don’t look at this ... no one is ever going to stop what’s going on here,” Hayward said. “Kids are being ruined. Families are being ruined ... If we can’t protect our children and protect our families, what are we?”

Review of cases sought

The petition asks the high court to review all cases in dependency court dating back to 1999 to determine if children and/or their parents were denied the effective assistance of counsel. It was not clear Thursday whether the high court will accept the petition, however. A clerk in the Supreme Court’s prothonotary’s office said the court is now reviewing the matter. Hayward said he understands he cannot do any further work on the petition, but believes it should be accepted because it was made before his suspension. “I hope it doesn’t matter. If it does matter, I’m hoping another attorney in Luzerne County or Pennsylvania has the guts to step forward and take it over,” he said. Hayward said he modeled the petition after the one that was filed in 2008 by the Juvenile Law Center on behalf of juveniles who appeared without attorneys before former Judge Mark Ciavarella in juvenile delinquency court The 19-page petition likens the workings of dependency court to the “kids-for-cash” scandal involving Ciavarella, who was accused of jailing juveniles for financial profit, except dependency court is worse, Hayward says.

“The ‘kids-for-cash’ scandal only sent children away for months or longer. This scandal takes children off their parents forever while caseworkers and their supervisors do what they want at will with no consequences,” Hayward says in the petition. The petition makes allegations against Children and Youth caseworkers, as well as two judges who hear dependency actions and attorneys who represent parents and children. Hayward says some caseworkers have told parents they “have more power than God.” One caseworker brags her nickname is the “terminator” because she has had only two children returned to their parents in four years, he says. Caseworkers routinely mislead judges, lie to parents and “gang up” on them to coerce them into agreeing to turn over custody by threatening them that they will never see their child again, Hayward says. The agency also orders parents with no history of substance abuse to undergo drug-and-alcohol counseling and intentionally delays referrals to various programs, particularly parenting classes, so that it can keep children in placement longer.

The petition also faults the court system for failing to ensure parents and children are adequately represented at hearings. While praising county Judge Tina Polachek Gartley and Senior Judge Chester Muroski, Hayward harshly criticizes senior judges Clinton Smith and Charles Brown, who hear many of the dependency cases, and attorney Michael Shucosky, a court master who makes recommendations to the judges. Hayward contends Smith, Brown and Shucosky routinely grant Children and Youth’s petitions to remove children from their homes even though little to no evidence is presented to support the action. He also takes aim at attorneys John Bellino, who serves as guardian ad litem – the court-appointed attorney who represents the child independent of the parents -- and Andrew Lentkowski, a court-appointed attorney who represents parents. Hayward alleges Bellino rarely interviews the children before making his recommendations. He makes similar allegations against Lentkowski, whom he alleges would not meet with parents until five or 10 minutes before the hearing.

Allegations denounced

Frank Castano, executive director of Children and Youth, denounced Hayward’s allegations. “You can make any allegations you want,” Castano said. “Does he have any factual evidence to support that?” Castano said Hayward’s allegation that Children and Youth intentionally works to keep children in placement is especially “ridiculous.” The agency has reduced the number of children in placement by 250 over the past two years, he said, due in large part to its participation in two state programs. “We’ve worked hand in hand with (the state) to improve practices and implement programs to improve permanency outcomes,” he said. Contacted Thursday, Lentkowski said he “obviously does not agree” with Hayward’s allegations. He declined to comment further, saying he had not yet seen the petition. Bellino, Shucosky, Smith and Brown did not immediately return phone messages seeking comment. Michael Pendolphi, a Forty Fort attorney who handles many Children and Youth cases, said he agrees with many of the allegations Hayward makes against Children and Youth, but he disputes allegations relating to Bellino and Smith and Clinton. Pendolphi reviewed the petition filed by Hayward at the request of a reporter. He said he often disagrees with Bellino’s assessment, but he believes the attorney does a thorough investigation of each child’s case before he makes a recommendation. He said he also believes Smith and Clinton take great care in reviewing cases. “I have practiced before both of them and think they are exemplary,” he said. As for caseworkers, Pendolphi said Hayward’s allegations are “100 percent true.” “I’ve witnessed them lie. I’ve witnessed them manipulate people. It’s absolutely true,” Pendolphi said. “They intimidate and threaten parents. I’ve witnessed that first hand.” Told of Pendolphi’s comments, Castano said attorneys should bring those issues before the judge if they believe their clients are being abused. “Without knowing case specifics, it’s very difficult to comment,” Castano said. “If he has evidence of that and wants to present to he has an opportunity to do so.”


very disgusted said...

Kids for Cash, Robbing Family Legacies, Stirring up conflicts---- that's what our judicial system does best. As long as legal fees add up, anything does.
Disgusting, all of it.

Anonymous said...

Justice John K. McGuirk from the New York State Supreme Court in Goshen, county of Orange; helped with kidnapping of my children from our legal home state. Ever since my children have been alienated and subjected to child porn and child prostitution.

Judge John K. McGuirk was paid off to rig the child custody and divorce case. Despite evidence, videos, recordings, child porn pictures and testimony. My children are still hostage in the State of New York County of Orange.

The agencies in Orange County have worked very hard to cover up the child porn, child prostitution and other crimes against my kidnapped children by the non-custodial parent. Agencies such as the Orange County District Attorney's Office and Goshen Child Protective Service, among others.

It is time for Cuomo to round up these criminals in New York engaging in the trafficking of minors for sexual performances using a United States of America Court and their law licenses.
It is time to implement the death penalty to any and all officials engaging in these type of crimes against children and their families.

Anonymous said...

New York State Orange County District Attorney's Office this applies to any and all within your office. Any and all who have received information of child sexual exploitation and have failed within their position and job requierements to protect any and children victims of child sex trafficking and any and all forms of child abuse in accordance with the NYS Penal Law Code Section 1 260, Endangering the Welfare of a Minor.

How does a 6 billion dollar lawsuit against the State of New York sounds? I am sure tax payer will be thrill with that number.

Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.See More

Anonymous said...

Wow I can see attorneys from out of the State of New York lined up to help collect that juicy price...

Anonymous said...

Misprision of felony comes to mind

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Kris Sergentakis said...

When you allow corruption to run rampant this is what happens. More and more of innocent Americans are being victimized by a system that has no oversight.

Money has a loud voice.

Anonymous said...


Anonymous said...

Time to hold any and all judges violating state and federal statutes liable. They belong in jail and those engaging in sex child trafficking in the electric chair. When they do these type of crimes they have literally smoked their inmunity.

Anonymous said...

Does NY even have a law that provides judicial immunity?

I think the Federal Law provides immunity to Federal Judges, but what about NY?

Is this another one of the "let's make this up as we go along" policies of NY judges.

Anonymous said...

Yes, New York States Judges think they are dealing with unsuspected litigants and can screw them like they did in the past. Yet, some of the court have destroyed are in law school to come back and give these dirty rats a judicial enema. Just wait and see, New York State is getting a surprise somebody is going to file the biggest lawsuit in history. Can you say is unrealistic for litigants to go to law school heads up!!

The Root of Evil said...

The same goes on in NY, but no NY lawyer has the guts to file. Judges, lawyers, social agencies, treatment centers, guardian ad litems, and Child Protective Services are a cabal preying on child and parents, while fattening on the State and Federal dollars and even the few dollars which might be in the hands of parents. The needs, which they determine, keep growing because their greed is never satiated.
Peter Drucker had them figured out with, "What happens if social workers end poverty?" What happens to the children without their parents protection. Who will help them when they are deprived of their parents; the loving leeches who took them? Not one of them has clean hands.

Anonymous said...

“Can the prey be taken from the mighty man,Or the captives of a tyrant be rescued?”

Surely, thus says the LORD,“Even the captives of the mighty man will be taken away,And the prey of the tyrant will be rescued;For I will contend with the one who contends with you,And I will save your sons.

“I will feed your oppressors with their own flesh,And they will become drunk with their own blood as with sweet wine;

And all flesh will know that I, the LORD, am your Savior And your Redeemer, the Mighty One of Jacob.”

Isaiah 49:24

Privately you attempted to belittle me, demoralize me, put me behind bar, you mock my race and my religion; to help with the kidnapping of my children to have them abused and sexually exploited.

Hear me now Judge John K. McGuirk, my God's word do not return back empty. You will be expose and every actor that helped with the crimes against my children, because I will bring your actions to light.

Maybe I can too suggest the Judge in the case against you sign the order in Aruba, like you joked before stealing my children.

Anonymous said...

This is going on all over the country. It is encouraged by the fact that the states and the local county pays for this and then gets a payback from the federal govt. So the Judges and lawyers are just cutting up the pie and everyone is getting rich and we are paying for this with our tax dollars. Also, lets not forget exactly who wrote all the laws on these matters - the LAWYERS! So what we have here is a big conflict of interest but don't tell anyone and no one will ever figure it out!

Anonymous said...

Yes, the lawyers do write the laws, but the only ones who expect for them to be complied with are the citizens.

The lawyers, judges and all courts personnel, still do what they want regardless of any "law" that exists.

Anonymous said...

This racket with the kids is going on right here in NYS and some people are making a whole lot of money and thats why no one will do anything. I have written letters to everyone and no one cares. The FBI plays games and does nothing.

Anonymous said...

Recruiting new children into the Global Child Sex Trafficking/Pornography Industry, worth trillions of dollars worldwide, works this way in the United States (especially in the corrupt New York City Family Courts):

A Prostitute, usually coming from this same industry, entraps and has a child with a wealthy but naive father who she then divorces and makes him pay a fortune in mandatory Child Support, about 21% of his income a year for 21 years.

All the while, she provokes and instigates him repeatedly until he reacts and she can then obtain Orders of Protection against him, so he can never even see his own kids, but still pays a fortune in support.

Usually some type of Domestic Violence Women's group will represent that con-artist woman/prostitute for free, said group routinely staffed with Pedophiles and Sexual Deviants who also support and actively partake in the Global Child Sex Trafficking Industry. Some of these "agencies" even are so bold as to have a "wing" of their organization devoted to "stopping or preventing child sex trafficking." (The Lady Doth Protest Too Much - William Shakespeare) to further obfuscate and cover their tracks and true intentions.

This is all the while the poor SOB Father has to pay hundreds of thousands of dollars for lawyers who always lose, owing to the above, and the following:

The Family Court Judges in New York City and the Law Guardian chosen in these child custody cases (and the Court Appointed Forensic Psychologists) are also Perverts, Pedophiles, and they support and participate in the Global Child Sex Trafficking/Pornography Industry, and may even be willing and active participants.

The Family Court Judge and Law Guardian are literally hand picked by the "Domestic Violence Women's Lobbying Group" to ensure that those kids never ever see their Fathers (who can protect them) again, by repeatedly and consistently disallowing those Fathers to see their children, with less and less time, until finally the Father's Parental Rights are terminated for good, leaving those poor defenseless children in the sole custody of that vile, drug addicted, alcoholic, violent, deranged, descendent of the child porn industry prostitute mother, who now, free to do so without any prevention by the estranged and removed Biological Father - SURPRISE! sells those kids off to the highest bidder in the Global Child Sex Trafficking/Pornography Industry, again, worth trillions of dollars a year.

And then the cycle repeats itself a generation later with those "sold off children" doing it to their own kids, their souls having been lost forever.

Meanwhile the FBI, ICE, DHS, and other Federal and State Law Enforcement Agencies do absolutely nothing (many of them may be pedophiles, partaking of this child sex industry as well).

These "law enforcement agencies" will tell you "it's not in their Mandate" or "there's nothing we can do," and will tell you to refer it to the Administration for Childrens Services ("ACS") which is equally if not more corrupt, also staffed with incompetents and corrupt caseworkers, and at the higher levels perverts and pedophiles, and also just as beholden and owned by the Global Child Sex Trafficking/Pornography Industry as the specially selected Family Court Judges and Law Guardians.

All ACS ever does is sweep legitimate allegations and complaints about the above under the rug, while attacking and vilifying the Complainant.

In other words, there is a Grand Conspiracy of Global Child Sex Trafficking, completely fool proof and airtight, and no one can (or will) do a goddamned thing about it.

If you try and complain about it, or try and launch an investigation into it, both you and your world will be crushed by the awesome money, power, political connections, lobbying groups, and "professionals" in charge of maintaining and preserving this "industry."

Count on it.

Anonymous said...

Luzerne County Children & Youth corrupt boss Joanne Van Saun says: "I don't care what these people think: I can do whatever I want to whoever I want!!"

Act of Courage said...

Corrupt Family Courts, Are you smarter than a 5th grader
I encourage you to repost and pass this along as well

10 years 4500 pages 735 docket entries case 2002DR3254 12 circuit Manatee
My reward for 10 years of effort NO CONTACT
This is a death sentence for Parents in Family Court

I will never give up on my daughter
Please post a comment for the "Internet" record that someday my beautiful daughter will read and know that I never gave up on her.
Thank you so much in advance

Please follow the link and post a comment and thank the Hearld for posting my letter see you in DC for Founding Fathers March April 20

Time to reform the broken 12th Circuit Family Court
In a recent court decision by the Honorable Jannett Dunnigan of the 12th Circuit Family Court, a college-educated father was denied permission to home school his 10-year-old daughter after the daughter missed 44 days of school under the care and custody of the former wife.
Judge Dunnigan also stated, "I am finding, sir, that you have failed to show that you either have the capability of home schooling, or that home schooling would be in the child's best interest."
Put the child back into the school system, though the school district can neither account for the 44 missed days nor did they trigger any investigation for excess absences or truancy reports as required by law and the Florida statutes. The failure of the school system has caused my daughter not to meet the attendance requirement.
I believe every parent has the God-given right to raise their children with the least amount of government interference, as protected by our Constitution.
Family court is broken beyond repair. It's time to dismantle the current draconian system that encourages high-conflict attorneys for both sides, and if one side cannot afford an attorney, well, you see the result it has on pro se litigants.
Where's the "family" in the 12th Circuit Family Courts, because I don't see it. Follow the money.
Glen Gibellina
Read more here:

Anonymous said...

They are the most ignorant people ive ever met. A little boy needs our help and they wont give us the time or day. They are destroying him. We need somebody to help us get him back if anybody has any info on who to call please reply. All children and youth of luz county is legalized kidnappers.

Anonymous said...

It is well documented that the New York FBI works closely with Brooklyn New York Child Protective Services ("CPS") or ("ACS") headed up by Marie Vilus to silence complaints about child abuse, child neglect, child pornography, child exploitation, and child victimization because the United Nations is in New York City, and all those foreign diplomats need Child Prostitutes when they are visiting the United States.

And where do these children victims come from?

From poor low income disadvantaged socioeconomically Brooklyn New York, where it is perceived by the NY FBI and Brooklyn NY CPS and ACS that no one will complain or miss the kids that are lost within this system when they are turned over for beatings, rapings, molestings, force drug use, murders, child pornography, child abuse, and other horrible crimes against children.

Hillary Clinton of the US State Department openly allows this because she is "doing her part" to make "foreign relations" strong and robust.

Anonymous said...

Missing: 78 children from Oklahoma Department of Human Services custody

Anonymous said...

If the American people knew that the Office of Child Support Enforcement ("OSCE") receives 25% of every dollar they collect in Child Support from browbeaten impoverished and bankrupted non-custodial fathers, they would quickly disband the entire organization.

This 25% collection fee literally creates an incentive for the OSCE to violate and break the law, their Attorneys to break Ethics Rules, Criminals to steal your case files in court clerk filing rooms, sabotage, murder, theft, extortion, blackmail, unlawful and unconstitutional property seizure, illegal prohibitions on your right to travel, and much much more.

To go against them, is to go against a multi-billion dollar criminal enterprise industry which uses the natural love we have for our children against us, as blood-money extortion to get more money out of us.

They are more ruthless and dangerous than the Mafia, or Cosa Nostra.

The FBI and the US District Courts need to build a federal case against OCSE and indict them under the Racketeering Influenced Corrupt Organization ("RICO") Act, but they never will, because the federal government doesn't eat its own.

They are all fucking criminals.

Anonymous said...

for one this luzerne county children and youth is a big freakin joke they are ripping kids out of there home paying foster parents and taking the biological mothers or fathers for child support they are ridicoulous and then when the grandparents ask for custody they said no because they didnt want the kinship and its pathetic i am so upset alrdy they are doing this to low income families and people who rent this is bs they are doing another kids for cash scandle and its bullshit

Anonymous said...

for one this luzerne county children and youth is a big freakin joke they are ripping kids out of there home paying foster parents and taking the biological mothers or fathers for child support they are ridicoulous and then when the grandparents ask for custody they said no because they didnt want the kinship and its pathetic i am so upset alrdy they are doing this to low income families and people who rent this is bs they are doing another kids for cash scandle and its bullshit

Unknown said...

I will start out by saying I was a stay-at-home dad for five years until my fiancé of eight years ran away I went in front of Judge Chester Murawski of Luzern County I was forced to do a drug screening for no reason whatsoever and forced to do supervise visitation even after the drug screening came back clean then I was forced to take an anger arrangement of valuation which came back normal then I was forced into doing a psychological valuation still pending the results Patley the guy only works part time this case been going on for two years there was many other things I was asked to do in between all of that cost me thousands of dollars in lawyer fees to the point where I cannot longer afford one even went as far as the judge telling me straight out he does not like me also I found out from the judges secretary he held the money for the both lawyers why they were gambling on my drug results which my warrior one because I was clean she actually believe me when I told her I don't do drugs also had a guardian at Leitem appointed this guy did nothing in the case will not even come look at my house told me he doesn't like the way I dress doesn't Think I should own my own house or drive the vehicle I do day even force me into giving up all my Facebook information's passwords emails everything without a court order stating why I was gonna be held in contempt of court if I didn't give them all my privacy information also do not have a court order why am doing supervise visitation I am doing it because they said I'm doing it but they didn't put an order in for it through this whole allegation thing all my family members came in a testified of what kind of parent I am even had my exes family members testified that there is never been no Phylen's or anything else to report but I am still continuing to do supervise visitation without a court order for no reason whatsoever still continuing to pay for all these things even though I can't afford to but they told me it's not their problem if I can't pay for it I won't see my kids corruption at its finest

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