I obtained a copy of the Child and Family Services policy manual yesterday. And low and behold, not only has CFS violated both the constitutional right for us to know what we’ve been accused of and by whom, as well as Nevada law requiring them provide us with all data and information concerning this complaint, the caseworker sent out to make “initial contact” with us failed to even follow CFS’ own written and unambiguous policy on “mirandizing” us. Which spawned the following letter today…
November 29, 2007
Novia Anderson
Division of Child and Family Services
1677 Old Hot Springs Road, Suite B
Carson City, NV 89706Dear Ms. Anderson,
I am now in possession of and have had an opportunity to review a copy of the Division of Child and Family Services/Family Programs Office “Statewide Policy Manual.”
Acccording to Section 0509.5.1(C).2 regarding Initial Contact, “The Parents Guide to Child Protection Services must be given to the parent(s) during the initial contact. The worker must tell the parent(s) or guardian that they have certain legal rights as explained in the Guide.”
The CFS worker, who identified herself as Jenifer Forero, who made the initial contact with me and my wife on November 2, 2007, did not give us a copy of the Parents Guide to Child Protection Services. Nor did Ms. Forero inform us that we even had “certain legal rights,” let alone what those rights might be.
It has now been almost a month since initial contact, and we still have not been provided a copy of the Parents Guide to Child Protection Services, nor have we been advised of our rights in this matter. Would you please have this information sent to me, either by mail, special courier or in electronic format if available. Thank you for your prompt attention to this matter.
Sincerely,
Charles Muth
cc: Craig Mueller & Associates
Sen. Bill Raggio
Fernando Serrano
Michael Willden
If these people don’t hate me yet, they’re going to. Then again, they’ve brought this on themselves.
Posted on November 29th, 2007 by Chuck Muth
Filed under: National, Nevada
Rock on, Chuck! I hope you become their absolute worst nightmare!
Go get ‘em, Chuck. God save us from bureaucrats. I’ve been acquainted with both Gia and you for quite a few years, and I know absolutely without doubt in my pea-picken heart that this is all bullshit and a targeted hit fomented by one of your many detractors. I sincerely hope you find out who initiated this farce and prosecute them to the fullest extent of the law. Rock on.
Michael
Chuck,
What nonsense. They deserve everything you’re going to give them!
Gary
Here in Colorado, two small children have starved to death in recent months. The bureaucrats were totally ineffectual. One little guy of seven starved in a closet, in custody of his half-brother’s young father and his girlfriend. Hadn’t been in school in five weeks but who cared? That was in Denver. A little girl in Greeley starved in custody of an aunt. And yet their ilk in Nevada have time to hassle people like the Muths. Go figure. Seems to me it adds up to need for training relevant to this planet and real people … what preparation for the job do social workers have, and what profs turn some of them loose so lacking in common sense and compassion?
Chuck,
I am concerned, once the heat is off you and your family… this event will fade. Leaving the CFS free to continue it’s attacks on less prepared individuals.
Promise us Chuck, that you will not relent once CFS waves the white flag.
And I am amazed that there are no attorneys in the entire state of Nevada, that had the commonse sense to tell you the things you have learned.
Chuck,
Enough about term limits for politicians, what about limits of service for bureaucrats? Your case exemplifies the abuse of power that these life long civil servants often impose on the public. And, due to the strength of their union, when caught abusing the public the worse they have to look forward to is probably a slap of a hand. Yet, more likely a promotion.
Life-long bureaucrats hold the real power and that’s scary.
Paul
All the victims of this type of abuse that can not/could not afford to take these losers on will benefit when it all comes to light. The bad press, the exposures, the resignations to follow, all will be a delight for you and your family as well as all the prior victims. Please don’t stop until that all happens. Good luck! JB
Chuck,
I appreciate what you are doing here.
You might want to get in touch with the Home School Legal Defense Association(I think their web site is HSLDA.org). They have quite a bit of experience dealing with people like this and have a pretty good track record. JMO
Chuck,
I see that you’re cc’ing your Atty. May the Force be With You!! Payback is as they say, a bear.
It’s Deja Vu all over again for me.
KC
Hi Chuck,
In 2005 Nevada Homeschool Network approached the legislature to get provisions of the Federal CAPTA law enacted into Nevada’s law. No doubt you’re aware that innocent homeschoolers historically have suffered a much higher percentage of CPS calls than the general population. Our bill, SB402, was killed by Sheila Leslie’s committee in the Assembly, but our language was appended to AB42 and was passed into law. No doubt by now the bill has been codified into the NRS, but not having researched it to find out exactly “where”, I’ll direct you to Sections 14 thru 16 at http://www.leg.state.nv.us/73rd/bills/AB/AB42_EN.pdf These sections deal directly with your situation.
Best wishes!
-Frank
Just waiting for the request to send letters of complaint to CFS to go out.
Chuck, you received a great deal of support offering money, encouragement, the NRS, (Nevada Revised Statute) citations. Your supporters and readers have come through for you. One of the most interesting blogs I saw was about Bambi being one of the most horrifying movies from the 1940’s. I tell a joke about my suing my parents for intentional infliction of emotional distress. The joke goes like this; My Mom took me to see Bambi, at the end of the film Bambi’s mother is murdered. I left the theater in tears and cried all week before and after school. My Mom wanted to make it up to me and knowing I am a dog lover took me to see old yeller. At the end of the movie, they shot Old Yeller because he had rabies. Intentional infliction was my choice of causes of action because if I win, I can take all my parents assets as damages including punitive damages. Why would I want to do that when they have left me these assets as their heir? Because Nancy Pelosi, “Dirty” Harry Reid, and the liberal a-holes governing our lives refused to abolish the inheritance or death tax as it’s called. Taking it away during their lifetime as an award for damages is not taxable thereby rendering about a 65% gain in the value for myself and siblings. If America’s big problem is litigious paranoia, then there’s likely a good reason for it. Shoot, I would give Mom and Dad a life estate and agree to collect my judgment after they are gone. All of my parents assets were acquired with post tax dollars. Why should their children and grandchildren be deprived of it when they expire? In a personal communication with me, one of my state senators stated she opposed the aboltion of the death tax because we would have to wait a couple decades and see how the Federal Government budget goes. Isn’t like saying, “I won’t drop the gun and my demands for your wallet until I see how things go?” Your Constitutional rights are not any different with respect to 4th Amendment searches and seizures, 6th Amendment rights to confront witnesses against you. Public employees have no unequivocal right to essentially defame you without justification. When public officials exceed their rights under their government authorized positions, you also have the equivalent of a SLAPP suit in most jurisdictions. It streamlines your action and moves your case along by prioritizing the issues of the child welfare agents and their actions prior to a trial. Where the SLAPP statutes exists, it provides a “step forward” remedy for the accused and wrongfully portrayed defendant by government officials. I am involved in something similar myself as President of a trade association. Unfortunately, we as a cumulative effort have spent in excess of $12,000.00 in legal fees and have not filed a lawsuit as of yet. I, as President am already hearing grumblings about the current government supervisors being replaced immediately after New Years out of fear, with an amended public policy. That’s not going to cut it for me this time. I was successful in getting a previous government supervisor transferred out and our industry has not been subject to one supervisors egomania oppression since. I have been through this before and I have told my colleagues that a lawsuit will finally send a message that the departments “self created” policy outside the law will not go without our investment in the “good fight”. My feeling is that we have already gone this far, suffered major compensatory damages in terms of time, money, condemnation of property, paying for the preliminary legal team of recognized experts to put everything in place, so unless the County wants to settle and compensate each and every one of us for the damages they have caused, let’s put them against the wall and slap them as hard as hard gets. There is not one State statute that even implies the actions they have taken against our industry is authorized, supported, or within the agencies powers. It’s a lot like the elementary school bully. If you call him names, disparage his family, ridicule his intelligence, he will likely hit you more and more and more. If you beat the crap out him in front of his friends at the park, he will likely want to carry your books, be your best friend, and never threaten you again for fear of being humiliated in front of the people who once believed he was in a position of power. The key to beating the bullies, is once challenged, never let them hit you first. If you are smaller fish, you need to deliver the first strike as hard as you can deliver it. It will take him off guard, cripple his analytical processes, and make you a hero for the oppressed. Try it Chuck, you have the ammo, the support, the well wishes, the right side of the law and facts. It’s time to go to the park after school and kick the bully’s ass. Take your request for Public Information to the top of the department. When you make a supervisors life miserable because of the stupidity of their subordinates, guess who they will retaliate against? I”ll give you a clue, it won’t be you. They will take the least line of resistance and transfer your personal hemmhoroid out to another department. (You can’t fire these people, you can only quarantine them to some other department to extricate yourself from their stupidity.) I’ve done it, it works. Usually I suggest that when it’s cheaper to settle than fight, settle. However, the risk is that next time a new supervisor with a swelled head and inflated ego takes over, you may be victimized twice. These a-holes do understand the anger a County Supervisor has when a judgment removes their funding from their pet projects for an underlings stupidity. There you have it Chuck, give them their deserved punishment, ruin their careers, besmirch their names publicly, write letters to the editors, arrange for speeches at homeowner associations, school functions, address County Supervisors meetings during public comment, as well as neighboring local City Council meetings. Cry real tears, make them roll off your face, describe the anguish and pain the unauthorized conduct of these public authority figures has caused your family as well as the emotional stress on your wife and children. Also research how much your County pays so called “qualified” foster parents who care for children removed from biological parents. You will be shocked. Not all but a significant number of foster parents, BELIEVE IT OR NOT, care for these children for money, NOT because they have any real concern for the well being of the children. They started this war, according to your alleged facts have violated your families numerous Constitutional rights, and you are in too deep to settle now. Too many potential future victims need you to finish your “clean up”. Mark.
Chuck,
Just echoing what has been said before, the “next wave” will likely be regarding the home-school practices at the Muth household. Sleep with one eye open, my friend. You’ve jabbed something that hurts - that’s good for the nation, but bad for someone (or ’someones’) who’s trying to make us all “part of the collective”.
Go Get ‘em!
Dirk
Chuck
In Massachusetts the whole Youth and Family Services crowd is Gay or gay activists including transvestites,
The lead lobbyist for the Teacher’s union Arlene Isaicson is also the lead lobyist for the gay lobby.
Things could be worse in Nevada.
Hang in there and holler if you need reinforcements.
Go get ‘em, Chuck! I’m on your side, of course. One thing that really irks me is petty civil servants who can’t lose their jobs no matter HOW “uncivilly” they treat us! Where is the needed oversight? What is the citizen review process? Good questions that DEMAND answers!
I agree with the authors of some of the earlier entries: even when you have “won” and “defeated” the DCFS at their own game, you can’t relent. Don’t let up! Heads must roll! EVERYONE must know how petty and mean — and stubbornly relentless — is the DCFS. Let your plight and mistreatment — and ultimate victory! — be a lesson to those who are less articulate and less able to resist the DCFS when they are ALSO subjected to such tyrannical oppression!
By the way, what industry is referred to by Councilman Mark Schoenfeld?
Wes Brummitt, Las Vegas
loyal News & Views reader since 2000
Please do not use my name or location.
Several years unfounded charges were brought againts my oldest son for sexually molesting his under 10 stepdaughter, she was mad at him for something. Having to hire an attorney to fight this the charges were eventually dropped as the girl relented.
Because of so much stress my son suffered his first heart attack at the age of 40, after two or three more heart attacks he underwent a triple bypass at 45. All the charges were false, but my son still paid a price.
As you well know by now, our family has 2 civil lawsuits pending against 2 different Indiana counties for the blatant disregard of constitutional rights. So far, Nevada seems to be withholding information on you, but as another poster said, “sleep with one eye open.” You and your family are in my prayers. I pray you never have to go through the removal of a child from your home by these monsters. That’s when the real pain begins.
I love watching your fight with CFS play out, it’s like I’m watching my dad & brothers all over again. haha! Best of luck, Chuck. And if you’re ever in Louisville area the Muth family is more than welcome to join us for dinner!
3 point on quotes regarding the topic at hand:
“As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.”
– The Hitler Letter, Rabbi Daniel Lapin, http://www.freerepublic.com/forum/a3a5e38ea0d72.htm
“Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron’s cruelty may sometimes sleep; his cupidity may at some point be satiated: but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience.”
– C.S. Lewis
“Experience should teach us to be most on our guard to protect liberty when the government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest danger to liberty lurks in insidious encroachment by men of zeal, well-meaning but without understanding.
– Olmstead v. United States, 277 U.S. 438, 479 (1928), (Justice Louis Brandeis dissenting)
CHUCK: On the one hand I pray that no harm comes to your family in your struggles out there in Nevada. On the other I am delighted that such an articulate, principled, and persistent advocate has been motivated to fight the exact same battles that our family was forced to confront in Indiana. As my daughter Martina indicated we have 2 civil lawsuits pending as we speak These lawsuits are brought in behalf of the 99% of the parents victimized by CPS that do not have the resources and voices that God has given us. As several previous posters have said, we all pray that you do not rest even when CPS raises their white flag – with you. You have been exposed to just a tiny portion of the abuses that abound all across this nation.
When did we allow our governments to become our nannies?
There already exist criminal laws to deal with true child abuse and neglect. We do not need a government agency to act as the nanny police.
Jerry McHugh
Clarksville, Indiana
Hi Chuck; You , a Conservative, are under attack by the Liberals because you are printing the truth about them. Remember, when you turn the light on Cockroaches they all scurry for cover (darkness). But remember, they are still there. So be careful and watch your back. There are too many of them out there who want to turn out your light so they can devour you.