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Supporting Code and Law: The Constitution of the United States
Supporting Articles: Protecting Parents and Prospective
Success Stories: Family Awarded $1.1 Million After Kids Were Removed From Home
When you file your appeal you will need to start with a 'statement of facts', there for it is always advisable to keep a journal of events in your case.
Example of how should be done and if your state has a declaration form, use it. If not, this is fine but make sure you notarize any documents you do such as declarations or affidavits. Start doing these right away they are great for your attorney as well and never incriminate yourself. You should also keep the log short and sweet and factual. The judge does not like reading books nor has the time! I would also remind you to keep a daily journal:
The top of the declaration must contain a caption. The caption has the county name and state, the names of the parties, and the case number.
EXAMPLE - Declaration of Facts/Events
Parent Advocate Contribution (Contributed by Anonymous Parent Advocate)
My name is Mary Jane I am writing this declaration concerning my case:#XOXOXO ''I hereby declare that this statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.
03/14/14 I had a bad knee Injury (see exhibit A).
03/31/14 I had 7 fluid ounces of blood drawn off of my knee as well as cortisone shot. (see exhibit [😎]
04/09/14 I received another shot from my doctor (see exhibit C)
My friends John Doe and Jane Doe were at my home to help me with my children as well as household chores. I was in a lot of pain and was offered a couple of pills (flexeril) and was told they were not a narcotic and it would help me with the pain. After taking the pills I felt nauseated and the pain was still very intense. I told my friend I was not feeling well so John Doe was concerned and decided to call 911.
Social worker's report falsely accuses me of taking 20 pills and states I was transported to the hospital for a possible overdose. I deny, I never took 20 pills nor did John Doe say that when he made call 911 call See statement from John Doe (see exhibit D)
***make sure all statements state they will testify in court to and all declarations are notarized.
I also have the recording of the 911 call that supports that I was not feeling good and I had only taken a muscle relaxant Flexeril (see exhibit E).
Since participating at Dacco for substance abuse classes (see exhibit F) I learned even though it is not a narcotic it is a medication that must be prescribed (see exhibit G)
***(the exhibit shows a print out from pharmacy flexeril not a narcotic)
I am not a drug addict and never intended to have the reaction that I did. I felt nauseated and am told I could have had an allergic reaction. I also had been prescribed Clonazepam 1mg from my doctor at USF Health and had stopped taking it a day prior unknowingly that it is a medication that I need to be weaned off of and does come with side effects. (see exhibit H)
Doctor Jeckle wrote a letter explaining about the sensitivity to my stomach to medicine and also we discussed that he is ready to testify if it was a drug overdose of 20 pills that the hospital would have to pump my stomach because I could have possibly died for such a large amount. Dr. Jeckle will also testify that Flexeril is neither a narcotic nor a controlled substance (See Exhibit I)
Police officers jack Black and Tom Thumb who responded to my home will testify You are welcome to call and speak to them at phone number (XXX)000-0000 ext XXX they did not feel a need to call child protective services as there were two reliable adult caretakers John Doe and Jane Doe caring for my children as well as my mother was on her way to pick up my children.
Police incident report reads unsure if overdose (see exhibit J), however the hospital called my emergency contact which was my estranged husband whom is my children’s father Jack Ass. I am sure Jack Ass and or his mother Mrs Ass were the ones who called CPS as they saw this as an opportunity to hurt me as they have done in the past in 2008.
Estranged husband Jack Ass and his mother Ms Ass had called Child protective services and made several false accusations against me. These accusations were found to be “unfounded” and during this investigation the Social worker did find and ordered that children’s father, Jack Ass, was to complete Dacco classes and domestic violence classes in which he never complied and was hostile towards the social worker. I was told he was not to be around the my children that he was “High Risk” see social workers report (see exhibit K)
Concerning Allegation 2
Social workers' report falsely accuses me with neglect and possibly abuse, I am also being accused of taking small white pill’s that make me sleep in front of my developmentally delayed 6 yr old daughter Sunshine.
I deny any neglect, as I take excellent care of my children and never would abuse my children in response to small white pills. I have had headaches in the past and have taken over the counter aspirin and may have them in front of my daughter and maybe I laid down until my headache went away but my children are always taken care of. My 6 year old daughter Sunshine has a disability she was born with fluid on her brain and is considered developmentally delayed see neurology report (see exhibit L). I have provide my attorney as well as social worker Miss Bitch that Sunshine is not a normal 6 year old. To question it is not appropriate under these circumstances I even provided CPS with her yearly IEP (see exhibit M) and social security disability letter (see exhibit N)
Concerning Allegation 3:
Social worker falsely accuses me of mental instability in which I deny.
Social worker falsely accuses me of not complying of taking a drug test which I deny as I complied and took one at the hospital per her request on 04/10/14.
Social worker accuses me of refusing services in which I deny as social worker had scheduled 3 home visits and cancelled every appointment.
Supreme Court of Appeals Pro Se
If you believe that the judgement of the Family Court was in error, Jurisdiction-ally speaking, you have the right to file an appeal. Ask your lawyer to file a request for appeal. You will have 30-60 days, depending on your state's laws, to file an appeal from the date of the last decision. If you do not file a request for appeal within this time, you will have to file civil action in the Supreme Court.
The Court of Appeals typically only makes decisions if there is a error in the judge's execution of state law.
If you feel that your civil rights were violated, begin the process of filing civil claims in your State Supreme Court.
A recommended starting point is the court's own publication: Representing Yourself in Federal Court: A Handbook for Pro Se Litigants, which can be downloaded here or is available free of charge from the Clerk's Office: Representing Yourself in Federal Court: A Handbook for Pro Se Litigants (2015)(.pdf) Translations: Due to budget considerations and the determination that offering translations of the Pro Se Handbook in other languages without the provision of additional services not currently available (such as interpreters) does not significantly improve access to courts for individuals who are unable to communicate in English, there are currently no plans to translate the current edition of the Pro Se Handbook. We continue to offer translations of the 2006 edition of the handbook in Spanish and Mandarin Chinese:
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