Wilkes County Department of Social Services HANDWRITING COMPARISON and Lies Exposed

 

HANDWRITING COMPARISON and Lies Exposed

Real Safety Assessment V. Falsified, Fake Safety Assessment and Irrefutable Proof of Wilkes County DSS Lies, Illegal Activities, Threats, Retaliation, and Unethical Behavior

 

By Lawdoll

An in-depth comparison of the only real DSS safety assessment Allison S. Baker ever conducted about us versus the fabricated, falsified, and forged safety assessment that Allison S. Baker created to make it appear she had performed her duties as required by law.  I have included pictures of the documents in question.  Also contains some of the lies and documentation that proves those lies, threats, illegal and unethical behavior, and intimidation.

The first thing that needs to be stated is that we reported the mother for abuse and neglect on August 15, 2006 and the report was accepted that same day.  We were not the only persons who reported this mom, there was another report of abuse received and accepted on August 10, 2006, that we did not make.  Allison Baker was assigned to our report August 16, 2006, but she did not begin investigating the abuse and neglect until the middle of October.

The retaliatory “child abuse and neglect” report that was used as the excuse to begin an investigation on us October 25, 2006, was received by Surry County DSS (the county we reside in) on August 16, 2006.  This report was made the same day the mother was informed during mediation that we had made a report of abuse against her.

Surry County DSS screened this report out because, IT DID NOT MEET THE STATUTORY DEFINITION OF ABUSE OR NEGLECT, required to initiate an investigation.

Wilkes County DSS, apparently, after we complained about them in late October, obtained this report from Surry County DSS, over two months later, and screened it in.

The first time Allison Baker even hinted at investigating us, and I had contact with her constantly, was during a phone call on October 25, 2006.  During that phone call, Allison Baker began asking me a lot of questions, such as social security numbers and the like.

This call is recorded so I can prove that this is the date that she began investigating us.

This vindictive investigation, which began precisely two days after I called Phyllis Fulton in Raleigh and complained about the Wilkes County Department of Social Services and their failure to perform their duties as prescribed by law and protect my stepdaughter, supports our assertion that it was began as a means to discredit, intimidate, and malciously prosecute us in retaliation of our valid complaints against them.

When we met with Allison Baker October 27, 2006, she had in her possession this screened out report from Surry County DSS, which said idiotic things:

• Trees growing in our gutters
• Poison Ivy in the yard
• Dirty dishes in the sink
• My stepdaughter woke up with a rat on her chest

Absolutely crazy stuff like that.

Allison Baker had already seen video of our home, which documented August 4, 2006, and up, and remarked about how clean it was and how nice our daughter’s room was.

Furthermore, if she had already performed a Safety Assessment on us August 17, 2006, why would she need to ask all of these questions, which should have been asked when she performed the safety assessment? 

She had never performed a safety assessment, she had never been to our home and did not come to our home until December 9, 2006.

She NEVER went to the mother’s home, who our report of abuse was on, until the middle or end of October either!  We know this, because the mother moved in September 06, but the only house Allison ever visited was her new residence. Remember our report of abuse was made and accepted August 15, 2006.  I am positive if a comprehensive investigation was conducted falsified documents and forgeries would be found concerning the biological mom, and the other daughters father and stepmom as well.

A significant fact that must be noted is, if our house was this bad, then why was an investigation never commenced about the 3 children that LIVED in our home FULL TIME? 

Neither Wilkes County DSS, nor Surry County DSS ever opened an investigation or case on us concerning the 3 children who lived in our home 7 days a week, 24 hours a day, 365 days a year.

These 3 children are not mentioned on any of the paperwork, safety assessments, risk assessments, case plan, nothing.  The three children living in our home were never talked to, or interviewed, nor was any CPS Assessement or investigaion of any form ever conducted regarding them… period. 

Although according to North Carolina DSS Policy they were supposed to.

 “Based on N.C.G.S. § 7B-302 (b), all children living in the home, in a non-institutional setting, shall be considered as alleged victim children when there is any allegation of abuse, neglect or dependency. Therefore, initiation of a CPS Assessment includes face-to-face interviews with all children living in the home.”

There is ample evidence that proves the sole purpose of the Wilkes County Department of Social Services investigation of us was far outside the scope of their duties, and a complete abuse of their power. 

Wilkes County DSS abused their power and unlawfully and maliciously targeted us as a means to discredit our valid complaints against Wilkes County DSS, to intimidate us, to shut us up and to cover up WCDSS’s failure to perform their duties by law and protect a child that was being abused and neglected by her mother.

Wilkes County DSS threatened us with foster care for my stepdaughter, thereby ensuring our compliance with their law breaking, through intimidation.  We had no choice but to comply with their illegal and unethical activities, it was abundantly clear that to do otherwise meant having the child, WE WERE NEITHER ABUSING OR NEGLECTING, needlessly placed into foster care.

Even when faced with overwhelming evidence of abuse and neglect my stepdaughter and her sister were enduring by their mother’s hand…  (Not my husband’s or the father of her other child), the Wilkes County Department of Social Services, ignored that evidence and instead focused solely on discrediting and persecuting us.

They ignored the mother’s noncompliance, lies, and the abuse and neglect of two little girls, so they could teach us a lesson, for speaking out about their initial failure to investigate an accepted report of abuse in the manner and time constraints required by law.

Wilkes County Department of Social Services instituted a malicious investigation against us, without good cause, they falsified records, forged my husband’s signature, discriminated against my husband for being male and the father, lied in assessments and their records, lied to the judge, the psychologist, threatened and intimidated us, abused their power, and neglected their legally duty.

 And then when all of their lies, fabrications, threats and intimidation, illegal and unethical behavior still failed to give them ammunition against us, and after, wrongly and illegally, trying to substantiate against us for serious emotional neglect, they created a new type of neglect and substantiated against us for that.  Injurious environment, parent’s inability to get along, a finding that does not even exist, a finding so far removed from the statutory definition of any type of abuse or neglect that it should have been found invalid the moment they used it, a finding that is so vague that every person in the world could be substantiated against for it.

With the evidence that we have, that proves what Wilkes County DSS did to us, my stepdaughter, her sister and her sister’s father and stepmom, the fact that not one government official will do anything demonstrates the lack of total accountability DSS faces, even when they commit felonious criminal acts.

Handwriting Analysis

•  This is a comparison of the handwriting on the REAL and ONLY safety assessment, dated December 9, 2006 Allison Baker ever did on me and my husband (Top) and the Fabricated, falsified, and forged one that was created to make it appear she had done one on us, when she had not, dated August 17, 2006.  You can clearly tell these are written by the same person.

• Again, this is a comparison of the handwriting on the REAL and ONLY safety assessment, dated December 9, 2006 Allison Baker ever did on me and my husband (Top) and the Fabricated, falsified, and forged one that was created to make it appear she had done one on us, when she had not, dated August 17, 2006.  Furthermore, I have no idea where the spanking allegation came from, neither one of us had ever spanked her.  Just another lie.

 

 

 

•  Below  this is a comparison of the signatures on the REAL and ONLY safety assessment, dated December 9, 2006 Allison Baker ever did on me and my husband (Top) and the Fabricated, falsified, and forged one (bottom) that was created to make it appear she had done one on us, when she had not, dated August 17, 2006. 
•  I was the only one home on August 17, 2006, David was at work, I will post his work record following this comparison, and you can see for yourself that on the day in question David worked 10 hours at LP.  Note that my signature is missing, David’s signature is different on these documents, and the only ones that look the same are Allison Baker’s and Mary Henderson’s.  The signature for David in the signature section on the bottom is forgery.

David did not sign this document and this safety assessment NEVER OCCURRED.

 

 

Work Record

 

• This is a copy of David’s work record for August 17, 2006, the day that Allison Baker claims to have performed the August 17, 2006 safety assessment on, impossible to do since David was at work for 10 hours that day. 

 

Personal Records

• I kept meticulous records; this is the August 2006 record.  Note that we made our report August 15, 2006, but there was a previous report made August 10, 2006 on the mom that we did not make.  
•  Note On August 15, 2006, the custody hearing was postponed, “Court postponed.  Turned Tammy in, Allison Baker assigned to case.”
• August 16, 2006, my stepdaughter finally had an appointment with Dr. Weinstein in Wilkesboro after two cancelled dentist appointment by her mom. She had new cavities that she did not have when she saw our dentist and had two teeth extracted on July 3, 2006. Court ordered mediation orientation between David and Tammy from 3-5, this is where David informed the Mediator about our report of abuse to DSS.  Special Note…  After this meeting is when Tammy made the report of abuse about us to Surry County, it was received August 16, 2006.  August 17, 2006 The ONLY note on this date is about my stepdaughter’s sister not being seen by the dentist again!  No visit to our home by Allison Baker, no safety assessment, nada.
• Also, note the continuous missed dentist appoints by both girls in their mothers care. In addition, note my contact with our insurance company verifying how much they would pay toward fixing my stepdaughters teeth.  We had insurance.  On August 11, I talked to the moms Medicaid worker who informed me that my stepdaughters Medicaid expired July 31, 2006…after having it continuously for her entire life.  (What a coincidence) Debbie Perry also informed me that the mom had never turned in David’s insurance information and that she was reporting her for Medicaid fraud.

Other Signatures

Scanned copy of David and my organ donation cards that we signed in 2004.  Please note David’s signature on both.  David has never signed his full last name the entire, almost 12 years I have known him.  I even have his high school senior shirt from 1998 and it is the same on it as it is here, just a little scribble.

• Below David’s signature on his driver’s license issued in 1999.

 

 

• David’s signature on his driver’s license, 10 years later this driver’s license was issued on November 17, 2009.  David has consistently signed his last name the same way for years…he does not write out his last name, but makes some form of N swoop.

 

• David’s signature on the “In Home Family Services Agreement” signed January 1, 2008.

 

(I changed my mind about Linda Brookes after reading the lies she wrote to Judge Byrd)

I can and have consistently proven that the signature on the safety assessment dated August 17, 2006 is not David’s. 

I have consistently shown and proven that David has signed his name the same way throughout his entire adult life.

I have also shown that the handwriting on both documents is consistent with Allison Baker’s, and that the signatures of Allison Baker and Mary Henderson match on both documents. 

It is obvious and clear that either Mary Henderson or Allison Baker forged David’s signature on the falsified safety assessment. 

There is more than adequate evidence to support that this safety assessment never occurred. 

Beyond a Reasonable Doubt

First, we have David’s work record showing that on August 17, 2006, he was at work for 10 hours at LP.

Then, according to North Wilkesboro Police Detective, Chris Handy, there is the absence of our name and information on Allison Baker’s Worker Daily Report of Services to Clients, form DSS 4263.

The DSS 4263 form is required to be filled out daily and turned in weekly and records every service and activity performed, for payment and is absolutely, necessary for federal reimbursement.  Not only is this document required, it must be certified by the worker.  The fact that our name does not appear on the DSS 4263 form alone is proof enough.

When you combined the two, you have irrefutable, documented evidence that for this safety assessment document to exist a felony was committed…because it did not come into existence under legal means.

Since this safety assessment was fabricated, proving who forged David’s signature is not necessary in order to prosecute Allison Baker, Mary Henderson, or other personnel at the Wilkes County Department of Social Services who may have had knowledge of its creation or participated in covering it up after the fact.

Why, in spite of all of this evidence and documentation, charges were dropped against Allison Baker in this case…CITING not enough evidence,  could it be because her grandfather, Glenn  Johnson, was a Wilkesboro Commissioner for 26 years?  

And why charges were never brought against Mary Henderson should be a matter of deep concern, as well?

Furthermore, why has an investigation about the conduct of the Wilkes County Department of Social Services in regards to us, and in the face of this evidence NEVER OCCURRED?

Why, in spite of all of this evidence and documentation, charges were dropped against Allison Baker in this case…CITING not enough evidence, and why charges were never brought against Mary Henderson should be a matter of deep concern, as well.

Frankly, when you considered the fact that the former, Wilkes County DSS Director, James (Donnie) Bumgarner and the current Director, Bill Sebastian were and are aware of this and have been since it occurred, alarm bells should be ringing loudly in your head. 

Tellingly, neither one has asked local or state law enforcement to conduct an investigation.

 Neither one has removed the substantiation against us that was based on the lies, false documents, forgeries, illegal and ethical behavior; it should make anyone reading this question their motives for allowing such a travesty to continue.

 I believe Donnie Bumgarner was involved in this forgery and falsification and/or at the very least, covered it up.

In fact, many government officials were contacted about this issue and all of them failed or refused to do anything.

People who have been made aware of this illegal and unethical behavior include.

• Renae Steele, Caseworker, Wilkes County Department of Social Services
• Nikki Hull, Caseworker, Surry County Department of Social Services
• Linda Brookes, Caseworker, Wilkes County Department of Social Services
• Mary Henderson, CPS supervisor, Wilkes County DSS
• Sonya Freeman, CPS supervisor, Wilkes County DSS
• Donnie Bumgarner, Former Director, Wilkes County DSS
• Bill Sebastian, Current Director, Wilkes County DSS
• Dr. James D. Powell, (who went right along with DSS’ lies)
• Matthew Levchuk, Assistant District Attorney, Wilkes County (who believed the lies told to him by Wilkes County DSS)
• Charles F. Bauer, Assistant District Attorney, Wilkes County (who dismissed the charges against Allison Baker for lack of evidence.)
• Keith Elmore, Wilkes County DSS Board Chair
• Rudy Holbrooke, Wilkes County DSS Board member
• Ken Noland, Town Manager, Wilkesboro, NC
• Lanier Cansler, North Carolina Health and Human Services Secretary
• Dempsey Benton, Former North Carolina Health and Human Services Secretary
• Sherry Bradsher, North Carolina DSS director
• Joann Lamm, North Carolina DSS Deputy Director
• Ellen Thomas-Pullen, Child Welfare Services Consultant
• Former North Carolina Governor, Mike Easley
• North Carolina Governor, Bev Purdue
• Chris Downing, Region IV Director
• Carlis V. Williams, Region IV Administrator
• Ruth Parker, Regional Program Manager, Region IV, Administration for Children and Families

And many others.

Not one of these people did anything about the law breaking, discrimination, malicious persecution of me and my husband for trying to protect a child…, which WAS the only thing we did.

Not one of these people stood up and tried to enforce the laws of this state, nor did any of them take any steps to protect these children by ensuring that the Wilkes County Department performed its statutory duty.

Not one of these people cared about the children who were being harmed while WCDSS continually harassed us, persecuted us, violated welfare policy and broke the law.  NOT ONE!

Even when faced with the damning evidence I have shown in this document, these people ignored it and allowed this travesty to continue.

Honestly, if these government officials were upstanding, honest, people you would think that when faced with this type of evidence they would do what is right or at the very least ask for an investigation.

The only person who tried to stand up for what is right and enforce the law was Chris Handy, North Wilkesboro Police Detective (who tried to seek justice, but was blocked by ADA Bauer)

We did not do the things that Wilkes County DSS lied about.

Threats

When we stood up to them, my life was threatened on www.gowilkes.com, a public forum.

• You best be glad you live out of the county.
• I know what your “REAL NAME” is.
• Be careful and don’t cut your own throat.
• You will be dealt with, and just as the same in your case, this is the “END”!

And still nothing was done! 

Then after my stepdaughter’s mother died, on the same public forum, another person who clearly worked at Wilkes County Department of Social Services accused me of killing her.

This person also talked about statutory protected confidential DSS information, for even if it is not true, it is still confidential.

Again, nothing was done.

We are the victims in a series of crimes committed by The Wilkes County Department of Social Services and the fact that no one will step up and do what is right, just enables WCDSS to continue to break the law and do this to other people.

Investigation Needed

An investigation desperately needs to occur in this case…and the wrong that has been done to us corrected… in order for that to happen, an extensive examination of the department and persons involved must be conducted.

• First and foremost, my husband and I must have access to the Wilkes County case file on us, so that we can view the contents and expose the lies, forgeries, and unethical documents, notes, and assessments, among other things, that are hidden behind the confidentiality laws that protect DSS case files from view, even when they have broken the law.
• The Wilkes County Department of Social Services and its DSS board members need to be investigated.
• The substantiation against us needs to be removed and our names cleared.
• The Wilkes County District Attorney’s conduct and refusal to prosecute, despite having adequate evidence to do so, needs to be investigated.
• Charges need to be pressed against the person/persons who committed these crimes.
• Most importantly, Charges need to be press against the Wilkes County DSS for failing to protect these two little girls.

To be clear

The Wilkes County Department of Social Services, in retaliation for our criticism about their unscrupulous conduct and dereliction of statutory mandated duties to protect children, invented a reason to investigate us, and created a fictitious abuse and neglect case against us, with the intention of discrediting, intimidating, and silencing us. 

When their harassing and vindictive, examination of us failed to uncover any abuse, neglect, or dependency being committed by us, they conjured a statutory nonexistent neglect finding out of thin air, so they could cruelly, spitefully, and callously brand us as child abusers.

After WCDSS vindictively substantiated against us, they continued their unlawful, harassing, and needless invasion in our lives forcing us to comply with whatever they “recommended” by threatening to place my stepdaughter into foster care if we bulked.

Some of the lies

They created an In Home Family Services Agreement that contained ignorant and useless findings, which did not remotely meet the definition of abuse, neglect, or dependency.

1. 1.  David was to provide basic insurance as directed by the child support agency, so cost would not be a reason to deny dental care.

• When her mother neglected her dental care, and allowed her teeth to get so decayed that two of them had to be extracted, David had insurance on his daughter, the mother had insurance on her, and the mother had her on N.C. Medicaid.  Lack of insurance was not the reason her mother denied her dental care.  Neglect by her mother was the reason for the denial of dental care!
• Not having insurance is not neglect or abuse, but besides that point, the only reason David did not have insurance on his daughter at this time was because he had lost his job, because of DSS, and their inability to attend appointments, for example:
• When we were scheduled to meet at Dr. Powell’s for the “evaluation” meeting, DSS did not show up so it had to be rescheduled.  David had to take off for the meeting because of DSS negligence to attend, then turn around and take off again for the rescheduled appointment, that DSS, specifically Renae Steele was an hour and a half late to.
• DSS was order by Judge Byrd after he was notified that we had made a report of abuse, to submit their findings to him.  DSS, failed to investigate the reported abuse in the manner prescribed by law for 2 and a half months, then drug their feet for almost 2 years.  David would have to miss work to go to court, only to have it postponed because DSS had not sent the Judge their findings.

1. 2.  David and I were required to make the child custody exchanges that were taking place “be as amicable as possible, with no heated exchanges.

•  David and I always made the exchanges as “amicable” as possible.  When the mother screamed, yelled, and cussed at us, we did not even respond.  We recorded the custody exchanges to ensure that the mother could not lie about our behavior and to document hers.  DSS ignored this proof and lied about us.
• Heated exchanges, bitterness, and verbal hostility are not abuse or neglect furthermore, David I NEVER engaged in them, proven by recorded phone calls and video recordings of the exchanges.

3.  The parents were required to take the girls to counseling. 

• First, David and I had been trying to get counseling for his daughter for years, because of the abuse and neglect concerns we had in regards to her mother’s treatment of her.
•  Second, Dr. Powell their own “Forensic Psychologist” said the girls did not need counseling.

 The entire In Home Family Services Agreement was a complete and total sham of statutorily insufficient findings, a ruse for their continued illegal involvement in our lives.

Furthermore, they lied in the Strengths and Needs Assessments, the Risk Assessments saying that “minimally participated in pursuing objectives in service agreement”.  This is an outright lie.  WE always complied with anything and everything that they asked us to do. Even with the knowledge that they were illegally persecuting us. Further lies include:

• For the Risk Reassessment dated 11-07-07 it states as a reason for Discretionary override: “age and previous report static but not pursuing all goals outlined in cft of 9-11-07”…there was no cft on 9-11-07, or 11-07-07 the cft wasn’t completed until 1-08-08 two months later.
• On this assessment we had a total score of 3, mainly just because of this lie.  This is just them trying to justify leaving this case open against welfare policy.
• They use the same override reason on 3-27-08, but in this one they do not mark R8 and R9 with (b) Minimal participation in pursuing objectives in service agreement…….1…So I guess basically the only reason it was left open then is my husband’s age.  Under 29…we had a 1 on this reassessment.

Then suddenly, out of the blue, they closed the case even though the one and only circumstance that had to be met to “keep the child out of foster care” according to the In Home Family Services Agreement, had not been met.  It was so important for my stepdaughter to go to counseling that they threatened foster care if she did not, but then closed the case before the required 3 sessions, THAT THEY REQUIRED, had been completed. 

This speaks volume to their true intent and purpose.

We then received a letter from Linda Brooks that stated:

MONITORING HER CARE FROM HER MOTHER!

This letter from Linda Brooks is a direct contradiction to the one that she wrote, that same day, May 14, 2008, to Judge Byrd, in that letter, Linda Brookes lies about the entire situation, case, and us.

Letter to Judge Byrd page 1 and 2

Conclusion

From beginning to end, every step that the Wilkes County Department of Social Services made in our case was either, illegal, unethical, untrue, or in violation of statutory law.

Since the entire case was based on falsified, forged documents, lies, as well as unlawful and unethical conduct, any substantiation or case decision reached by them is unduly prejudicial and fatally tainted. 

A decision based on lies, is a lie itself, for the truth cannot be discovered with lies.

Wilkes County Department of Social Services behavior in our case denotes a willful, malicious, and conscious intent to deceive, invent, and lie in order to harass, harm, intimidate, and discredit us.  Their persecution of us was a calculated, deliberate, and purposeful act, a wanton abuse of power that served no legal purpose.

Our case is so illegally tainted with lies, fabrication, embellishments, falsified and forged documents that it is wholly unreliable, and should be considered a work of fiction.  The only truth that could ever be ascertained from the Wilkes County DSS file on us is that it is necessary to verify the corruption in this case.

Allowing the substantiation against us to remain, in view of this indisputable evidence, is a travesty of justice.

Failing to seek prosecution of these criminals, allows them to continue to operate in this unlawful manner, puts families at risk, and endangers the lives of children.  Failing to take legal action against the Wilkes County Department of Social Services enforces their belief, as evidenced by their behavior in our case, that they are untouchable, above the law, and can do whatever they want because they will never be held accountable for their crimes.

They will do it again…if they have not already, and eventually a child is going to lose their life because of the rampant, unchecked, corruption of Wilkes County DSS.

 The unjustified treatment and criminal manner in which we were subjected to has left a scar on our lives.  The bogus, unlawful substantiation placed on us can prevent us from working in a daycare, or with children, prevent us from adopting or being foster parents…it can and does impinge on our lives.

 To allow this illicit, unethical, and fictitious case and phony finding to remain against us, despite the overwhelming facts attesting our innocence in this matter, harms not only us, but also the entire community and damages the public trust in Child Protective Services.

If CPS is permitted to behave in this manner without consequences, or accountability, why would anyone trust them to protect children?

Wilkes County Department of Social Services has proven with this contemptible behavior that they are unreliable, untrustworthy, criminal, and corrupted; they are more concerned with protecting themselves then the children of Wilkes County.

It would injudicious and foolish to assume that our family has been the sole victim of their corruption.

*This document does not contain everything that happened, I have complete documentation and records of everything that occurred, if you received this via email then those records are attached, if you are seeing this one line then those documents are below this posting.

I have other evidence that proves our claim, if I have emailed this to you, that evidence is attached.  If you are reading this one line, then that evidence is below this posting.  I have not finished uploading all the phone calls on to my computer, but when I do, they too will be sent or posted.

You can see the rest of this story and more documentation at Wilkes County Department of Social Services Failure to Protect my Stepdaughter

Chicago mom vows to solve cold case

Chicago mom and CPS reform advocate, Miranda Yonts has vowed to find and bring home the remains of Tyler Payne, so he, and his mom, Jamie Hallam, can finally be at peace.

Yonts is the founder of The Miles Payne foundation, a soon to be 501(C) non-profit organization, which was named after Shavon Miles and Tyler and Ariana Payne.

She is also Jamie Hallam’s best friend.

The Miles Payne Foundation advocates needed changes to the laws that govern CPS, to ensure better protection of America’s children through the accountability and transparency of Child Protection Services.

Yonts feels that the only way to protect the children in this country, and save lives is to hold CPS liable when they fail to perform their legally required duties.

Continue reading on Examiner.com Chicago mom vows to solve cold case – Winston-Salem CPS | Examiner.com http://www.examiner.com/cps-in-winstonsalem/chicago-mom-vows-to-solve-cold-case#ixzz1nEI9FFzB

 

 

In Memory of Tyler and Ariana Payne

 

Tyler and Ariana

Oklahoma lawmaker, task force question DHS decision to remove boy from home

This case out of Oklahoma is very disturbing.  Here we have a child,  8 month old Jacob “Jake” Hedger, who died in a baby sitters care, by injuries that it has been said, had to have occured within a relativity short time frame…one to two hours before, yet DHS removed the Hedger’s 5 year old son and not the baby sitters.

Jacob was at the baby sitters for 7 hours, common sense tells you that whatever happened to this child, happened there.  No charges have been filed, and the statutory disclosure, required by state and federal law has never been released in this case.  

Something is very wrong here, and amazingly, and I say amazing because normally in these case this doesn’t happen…but amazingly Rep. Jason Nelson and a task force is looking into this case to find out why the Hedger’s  son, Sam was removed and kept from them, yet the baby sitter’s (who happens to have a child roughly the same age) was not.

They are also looking into policy and law violations that may have been committed by DHS as well as a conflict of interest with the OSBI, who requested a copy of the autopsy,  because the baby sitters husband is an officer in that department.  One does have to wonder….

My heart goes out to the Hedger family, who not only tragically lost Jake, but lost precious time with their other son,  Sam, because of DHS.  The Hedger family’s grief and devastation was made even worse because of the removal and illegal keeping of Sam, by DHS.  The effect this removal had on this family is unimaginable, I am sure that grief and healing had to be put on hold, because this family had to focus on getting Sam back.  

In the story it even states that the day after Jake’s death, when the parents had visitation with Sam, these parents were told NOT to cry…not to grieve…..what a disgusting display of  the true lack of empathy and understanding DHS has for families.

 I hope with Rep. Nelson and the Task Force’s help, Jake, Sam and these parents get the justice they deserve and the closure they need, so they can move on from this horrible tragedy.  I know that the loss of Jake can never be over came, but hopefully this family can now grieve for him and begin the process of healing and cherishing the time they have with Sam, without undue government interference.

Lawdoll

DHS report to D.A. LINK

First things first, OU Medical Center Hospital Social Worker Amy Baum and Dr. Stuemky both felt that the parents did this to the baby.

DHS interview with OU Medical Center Hospital Social Worker Amy Baum

A couple of things stand out to me, first the Detective who took the children into protective custody has the same last name as one of the other children who was present at the baby sitters home.  Are they related some how?  If they are, should she be working this case?  This does not seem like a common last name to me.

Detective Misty Leitch

Seth Leitch on of the children present at the babysitters

Detective Assigned has same last name as one of the witnesses.

Edmond Police Department Indecent Report LINK

Statement of Traci Kramer (babysitter)

DHS Interview with Traci Kramer (these statements do not match)

There is also the suspicion that Traci Kramer called her OSBI husband before she called 911.  

“Suspicious to prosecutors is evidence suggesting Traci Kramer called her husband before calling 911, The Oklahoman has learned. Also, Traci Kramer did not notify Jake’s parents about their son’s emergency. They found out by happenstance.”

Furthermore Traci Kramer stated that while she was on the phone with 911, she used her home phone for someone to pick up her daughter Payton from school, but did not call Jake’s parents and inform them what was happening to him.  The excuse that was used for not notifying the parents was that the police told her not to, but what about before that?  The first impulse of any person babysitting a child, when that child gets hurt, would be to notify the parents.

• Concerns about the day care have come up before. John Keene, 36, of Edmond, told The Oklahoman he stopped taking his daughter, then 1, there in 2005 after a series of troubling incidents including a cheek abrasion.
• “It was one of those situations that just didn’t feel right,” Keene said. Read the rest of this article here

At 8:35 am Jacob was "happy go lucky"

DHS interview with Traci Kramer. How many naps?? I count 3. Did you know that people who have injured a child will put them down for a nap in the hopes their symptoms will go away?

Jake obviously had a severe head injury, I do not think symptoms would take 7 hours to manifest.  His skull was fractured in two places, according to the DHS report, (Left parietal fracture crossing suture line into occipital separate left parietal fracture) and he had severe swelling of the brain. ( Massive Cerebral Edema)

Mild traumatic brain injury LINK

The signs and symptoms of mild traumatic brain injury (concussion) may include:

• Loss of consciousness for a few seconds to a few minutes
• No loss of consciousness, but a state of being dazed, confused or disoriented
• Memory or concentration problems
• Headache
• Dizziness or loss of balance
• Nausea or vomiting
• Sensory problems, such as blurred vision, ringing in the ears or a bad taste in the mouth
• Sensitivity to light or sound
• Mood changes or mood swings
• Feeling depressed or anxious
• Fatigue or drowsiness
• Difficulty sleeping
• Sleeping more than usual

Moderate to severe traumatic brain injuries

Moderate to severe traumatic brain injury can include any of the signs and symptoms of mild injury, as well as the following symptoms that may appear within the first hours to days after a head injury:

• Loss of consciousness from a few minutes to hours
• Profound confusion
• Agitation, combativeness or other unusual behavior
• Slurred speech
• Inability to awaken from sleep
• Weakness or numbness in the extremities
• Loss of coordination
• Loss of bladder control or bowel control
• Persistent headache or headache that worsens
• Repeated vomiting or nausea
• Convulsions or seizures
• Dilation of one or both pupils of the eyes
• Clear fluids draining from the nose or ears

Children’s symptoms
Infants and young children with brain injuries may lack the communication skills to report headaches, sensory problems, confusion and similar symptoms. In a child with traumatic brain injury, you may observe:

• Change in nursing or eating habits
• Persistent crying
• Unusual or easy irritability
• Change in ability to pay attention
• Inability to be consoled
• Change in sleep habits
• Sad or depressed mood
• Loss of interest in favorite toys or activities

Some of the other disturbing statements I noticed in the DHS report.

Sam's Statement to DHS about baby sitter, "Ms. Traci"

Sam tells DHS that he feels safe with his Mom and Dad

Sam tells DHS he feels unsafe at baby sitters Ms. Traci's

Sam also reports to DHS that time out is the only form of discipline used by his parents

Why did she even ask that? Kids take baths together all the time!

Now to the article…

BY NOLAN CLAY, RANDY ELLIS AND ROBBY TRAMMELL   

Published: November 27, 2011

A legislative task force plans to look into why DHS kept a 5-year-old boy away from his parents after his baby brother died, but did not act to remove the children of the baby’s sitter.

“It just didn’t make sense to me,” said Rep. Jason Nelson, who is head of the task force looking into policies at the state Department of Human Services.

The baby, Jacob “Jake” Ryan Hedger, stopped breathing after being at the baby sitter’s home for seven hours March 8. He died the next day. He was almost 9 months old. The death has been ruled a homicide.

Jacob “Jake” Ryan Hedger

His brother, Sam Hedger, spent more than two months away from his parents, Zane and Leah Hedger.

The baby sitter, Traci Kramer, 41, has four children, including two sons, then 8 and 9, records show. DHS did close her unlicensed home day care, but did not seek removal of her own children from her home.

Nelson, R-Oklahoma City, said, “My reading of the policies and the law is that no other kid should have ever been removed. The baby sitter’s kids or the surviving brother should have not been removed.”

“It took so long to reunite the (Hedger) family that it’s really disturbing,” Nelson said. “This is a child that started to not do well in school. He was a great student. His mother is a teacher. It was really traumatic. What I’m told and understand is the injury most likely had to have occurred while at the baby sitter’s house … I’ve talked to other doctors about it, granted not forensic experts, but some emergency room doctors that have said that an injury like that would likely have had to have happened within an hour or two before she found him in that condition … None of the kids should have been removed. It’s disturbing why the one was removed.”

Sam, now 6, was taken to a shelter and then was allowed to stay with his aunt until he could return home for good. DHS workers acted to keep Sam from his parents even though a hospital social worker reported on March 9 that she and a doctor “do not think the parents did this to the baby,” according to a DHS report.

Sam’s aunt, Tammy Padgett, said being separated from his parents was traumatic from the start. She recalled Sam’s first visit with his parents at a DHS office after he was taken from his home.

“The DHS worker was late showing up, and so I’m there with him and it was the morning after Jake died and that morning I had had to tell him that his brother was dead,” she said.

“And they came up on the elevator, got off, and he ran into their arms crying,” she said. “Everybody was crying, and, then, it just dawned on me that I had signed paperwork that says I will not let them be present together without this supervisor present. So I had to yank him out of their arms and send them around the corner and everybody is bawling and waiting for this late worker to show up.

“Then the worker in … their visitation room got on to Leah because they were crying. She pulled her aside and she said, ‘This is supposed to not be teary. You’re not supposed to be crying. This is supposed to be a happy visit for him.’ And, Leah said, ‘His baby brother just died, you know, our baby just died. He’s got to process that grief.’ You know, just wacky stuff.”

Padgett said she once asked a DHS official why the baby sitter’s four children were not picked up. She said she was told: “We knew that if we picked both sets of children up, we would be 50 percent wrong.”

Also traumatic for Sam was that he witnessed the baby sitter trying to revive his baby brother. Sam was at the home after spending the morning in kindergarten. He told investigators the baby sitter was worried because his brother wouldn’t wake up.

A DHS spokeswoman, Sheree Powell, said Sam was removed because of safety concerns. She said an assistant district attorney had to agree with the recommendation and a judge ordered the removal.

“We worked with the family until the concerns were resolved,” Powell said.

“Our hearts go out to the Hedgers for the tragic death of their son,” she said. “We understand their frustrations over the removal of their son.”

She did not directly address why the Kramer children were not removed. Instead, she said, “Ages and verbal abilities of children are factors in determining if safety concerns exist and whether or not children may be at risk of abuse or neglect.”

She said DHS will discuss the case with Nelson and two other legislators who had concerns.

Nelson questions whether DHS is inconsistent in its training of workers. He recalled talking this summer with a group of 15 to 18 DHS child welfare workers from across the state about how the intake process works.

“Pretty soon the whole room had melted down with disagreement,” he said.

RELATED CONTENT

DOCUMENTS

• Read the DHS report to the dictrict attorney in the case of Jacob Hedger
  View the document.
• Read the Edmond police incident report in the case of Jacob Hedger
  View the document.

NEWSOK RELATED ARTICLES

• Edmond police won’t provide report about March…
  11/27/2011 Edmond police have refused since March to release information about a baby’s homicide, despite a state law requiring release of such details. Now a statewide…
• Panic heard in 911 calls 
  11/27/2011 Baby sitter called for help after boy found not breathing.
• Mystery surrounds Edmond baby’s homicide 
  11/27/2011 Panic heard in 911 calls to Edmond police. Almost nine months later, no one has been arrested.

Read more: http://newsok.com/oklahoma-lawmaker-task-force-question-dhs-decision-to-remove-boy-from-home/article/3626763#ixzz1evQ9NNat

Father files lawsuit in Swain County NC: Names key personal at DSS and DA, among others

Swain County father, Michael Shannon, has filed a civil lawsuit alleging that the civil rights of him, his daughter, and his father have been violated by key personnel in local and state government.

The lawsuit filed August 15, 2011 in the Swain County North Carolina Superior Court, names Michael Shannon, his father, Scott Shannon and his Daughter, Sierra Shannon as the Plaintiff’s and names the following as some of the Defendant’s.

•  Michael Bonfoey, District Attorney, Swain County, North Carolina
• Lanier Cansler,  Secretary of the North Carolina Division of Health and Human Services. (click the link to find more stories of Lanier Cansler on this blog)
• Patrick Betancourt,  Director of Child Protective Services, North Carolina. Department of Health and Human Services.
• Tammy Cagle, Director of the Swain County Department of Social Services (Tammy Cagle was fired for  insubordination and conduct unbecoming of a state employee detrimental to state service during an investigation into the death of 15 month old Aubrey Kina-Marie Littlejohn)
• Jerry Smith, Interim Director of the Swain County Department of Social Services
• Justin Green, counsel to the Swain County Department of Social Services
• Ellen Thomas-Pullen,  Child Welfare Services Consultant with the North Carolina Division of Health and Human Services
• Aaron Ammons, Officer of the North Carolina Highway Patrol.
• Swain County Commissioners
• Swain County Department of Social Services Board

The lawsuit alleges, among other things, accounts of government corruption so all encompassing that I believe an SBI investigation into this matter is desperately warranted.

This corruption includes, but is not limited to:

• Failure to obey a custody order,
• Failure to obey a judges order to pick up a child,
• Wrongful arrest,
• Malicious prosecution,
• Placing a child in a dangerous environment
• Allowing a child to be abused and neglected
• Failure to obey statutory law
• Failure to protect
• Kidnapping
• Child abduction
• Perjury
• illegal and unethical practices

The Swain County Department of Social Services has been the subject of an intense investigation into their involvement in the death of 15 month old, Aubrey Kina-Marie Littlejohn.  Social Worker, Craig Smith, falsified his records after Aubrey’s death, so it would appear that he followed the laws and policies during an investigation into the suspected abuse of Aubrey.  According to The Citizen Times, When investigator’s informed Smith that they knew he was lying,

“Smith then told the investigators that he was instructed to falsify the records by his supervisor after Aubrey died to show that he followed up with a call to the hospital.

He said he was later called to a meeting with his supervisor, Candice Lassiter, other agency officials and DSS Director Tammy Cagle.

They questioned him about his investigation at the Powell home. Cagle, according to the court papers, told Smith “we have to get everything in order and everything straight.”

The director, Tammy Cagle who is listed as a defendant is Shannon’s lawsuit, was fired  for insubordination and conduct unbecoming of a state employee detrimental to state service, for her apparent involvement in the falsification of records in Aubrey’s case.

It is abundantly apparent that Swain County DSS has broken laws in the case of Aubrey Littlejohn and in an attempt to cover their asses they falsified records and lied.  It is also abundantly apparent to me that these people were completely comfortable in their illegal behavior, so comfortable in fact, that they even held a meeting and discussed how to get “everything in order and everything straight”, or what I refer to as “a document forging party”.

The chances that the Aubrey Littlejohn case is the first and only case in which the Swain County DSS has exhibited this type of illegal and unethical behavior in, is in my opinion, slim to none.  I believe, based on the Swain County DSS’s proven behavior, that the case of Michael, Scott and Sierra Shannon should be looked at by unbiased, appropriate law enforcement.

I have heard the 911 call placed by Scott Shannon when he was being assaulted by Shannon’s mother, I have read some of the court papers and I have talked with Scott Shannon…there is something really fishy occurring in their case, and I believe with the illegal practices that have been brought to light in Swain County, that the Attorney General and the SBI owe a duty to investigate not only the Shannon case, but any other case that has been handled by the Swain County DSS.

If you or anyone you know has been a victim of the Swain County Department of Social Services Please contact me at lawdoll1@gmail.com

For more information about Sierra’s case, please visit Michael Shannon’s site at the link below.

Sierra Shannon, 4 years old

A Victim of Child Abuse by

The Swain County, North Carolina

Department of Social Services

in Bryson City, North Carolina

We desperately need your help to save Sierra from the bureaucrats and criminals in the department of Social Services in North Carolina. A civil case was filed in the Superior Court of Swain County North Carolina on August 15, 2011 on her behalf by her father, Michael Shannon and her grandfather, Scott Shannon. The details of the case are below, as well as a link to a copy of the Civil Complaint. If you read these items you will discover a horror story that is almost beyond belief. 28 people are being sued in this case, and all have some responsibility for the abuse that Sierra has suffered since August 5, 2010.

Please read these materials and then take action to do what you can to help save Sierra from continuing abuse by these criminals, uncaring bureaucrats, and others who have allowed her to be abused and illegally taken her from her loving father. I know there is a lot of material to go through, but unless you know the entire story and all of the facts, you can’t understand the full horror of what has been done to my family. If you consider yourself a caring person, please read all of it. The links in the text will open in a new browser window so that you can always conveniently return to this page.

Read more

Iowa City Mom sues DHS for placing 5-year-old into Foster Care based on false allegations

 

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2010m1d6-Iowa-City-Mom-sues-DHS-for-placing-5yearold-into-Foster-Care-based-on-false-allegations#

 

Iowa City mom, Jessica Wilbur, has filed a civil lawsuit against the Iowa Department of Human Services for placing her 5-year-old daughter into foster care, based solely on the word and signature of the child’s non-custodial father, Robert Nino.

 

The lawsuit, which was filed in Johnson County District Court, alleges that Ms. Wilbur’s constitutional rights were violated by DHS director, Charles Krogmeier and DHS investigator, Paul Lafauce because of the circumstances under which they place her daughter into foster care. 

 

To read the rest of this story, please visit the link above

Medical Examiner’s report shows how Summer Phelps died

A medical examiner’s report made available Tuesday confirms that an ongoing, long-term pattern of physical abuse led to the death of four-year-old Summer Phelps in March. KXLY4’s Jeff Humphrey reports.

http://olympiczone.net/?p=359

NYC FAMILY COURT JUDGE DENIES CHILD PROTECTIVE SERVICES PERMISSION TO ENTER HOTLINE SUBJECT’S HOME

 

http://www.examiner.com/x-14537-Albany-CPS-and-Family-Court-Examiner~y2009m12d15-NYC-Family-Court-judge-denies-Child-Protective-Services-permission-to-enter-hotline-subjects-home

In a decision posted yesterday, Kings County Family Court Judge, Jeanette Ruiz, refused to grant the Administration for Children’s services permission to enter the home of J. Smith. Children’s Services had applied for a pre-petition ex-parte court order as part of an ongoing investigation which began when someone anonymously called the State Central Register hotline on J. Smith in July of 2009.

To read the rest of this story, please visit the above link

NORTH CAROLINA CHILD PROTECTIVE SERVICES ILLEGAL AND UNETHICAL PRACTICES?

 

http://www.examiner.com/examiner/x-29636-Surry-County-CPS-Examiner~y2009m12d2-North-Carolina-Child-Protective-Services-illegal–and-unethical-practices#

Do you know a child who has died during or after a DSS investigation in North Carolina?

Do you know a child who has died after reports of abuse where made to DSS? Did DSS ignore your report and fail to protect the child?

Do you know a child who has died in foster care or after being adopted from foster care due to child abuse or neglect?

Are you the family member of a child that died during or after DSS involvement?

Are you a family member of a child who has died as a result of DSS policy violations or inaction when it came to investigating reports of abuse?

 

To read more of this article please visit the above link…more importantly, if you have a complaint against North Carolina DSS, in any county…visit the above link and contact the reporter.

SB POLICE OFFICER ACCUSED OF VIOLATING RIGHTS

 

http://www.sbsun.com/news/ci_13840505

Stacia Glenn, Staff Writer

Posted: 11/21/2009 07:24:50 AM PST

SAN BERNARDINO – Wylena Andrews landed in jail, she says, because police wanted her brother for burglarizing a sergeant’s house.

When they couldn’t find him, they took Andrews as a bargaining chip and threatened to haul her siblings off to Child Protective Services unless her brother turned himself in.

“I kept saying I hadn’t done anything, but they put me in the cell and that’s where I stayed,” Andrews, 30, recalled of the day San Bernardino police charged into her family’s Fontana home in 2006. “I fell asleep crying. I was just devastated. They basically played me and acted like it was all a big joke.”

Andrews claims that in holding her against her will without probable cause, police violated her civil rights. She blames San Bernardino police Sgt. Brad Lawrence, whose tumultuous career has landed him in the middle of several internal and criminal investigations over the years.

Criminologist William Schneid, who was hired by San Bernardino Police Chief Keith Kilmer to investigate allegations of misconduct in the department, confirmed Andrews’ case was part of his probe but declined to comment on his findings.

Sources close to the investigation say a portion of the findings have been turned over to the District Attorney’s Office for consideration of criminal charges.

In an e-mail, Kilmer also declined to discuss specifics of the investigation.

“First, it may impact the process by our department or any other agencythat may be involved or become involved,” Kilmer wrote. “Secondly, internal personnel information cannot be discussed outside of a court ordered process.”

Lawrence was placed on paid administrative leave Nov. 4.

Almost immediately after taking over the department in June, Kilmer hired Schneid to review an Internal Affairs probe into past allegations that Lawrence and his former narcotics team illegally detained people without probable cause, a practice commonly known as keeping someone “on ice.”

That investigation uncovered claims that money went missing from a department fund used to pay informants and buy drugs for undercover operations. Lawrence, who at that time supervised a narcotics team, is being investigated by the San Bernardino County Sheriff’s Department for misappropriation of funds, sources say.

Reached by phone, Lawrence said he was not told why he was put on leave and said he doesn’t remember Andrews.

He declined to comment further.

He also declined to have his attorney speak on his behalf.

Lawrence has worked as a patrol sergeant since March, when he returned to duty after a seven-month leave that ended when former Chief Michael Billdt declared past “on ice” allegations to be unfounded.

It is unclear whether Andrews’ ordeal was included in investigations handled by Billdt’s administration.

Andrews’ mother, Minerva Santana, filed a complaint after San Bernardino police took Andrews from her home Jan. 18, 2006. The family says investigators never followed up on the complaint or interviewed them until recently, when Schneid took their statements.

“This was swept under the table,” Andrews said. “Cops act like they can uproot people and do what they want. That’s wrong. They’re supposed to be protecting us, not incriminating us.”

Andrews has served time for burglary, forgery, theft and possession of narcotics.

But her past, Andrews says, does not give law enforcement the right to violate her civil rights and essentially hold her hostage because of a case involving her brother, Wiley Andrews.

Police wanted to question Wiley Andrews, 29, about the burglary of a sergeant’s San Bernardino home on Jan. 17, 2006. His fingerprint was reportedly found on a doorknob inside the sergeant’s house.

Wiley Andrews was on probation after being convicted of receiving stolen property, which enabled police to quickly identify him in their system.

Police couldn’t find an address for Wiley Andrews so they decided to go speak to Santana, who at the time was letting both Wylena and Wiley live in her Fontana condominium.

A boy, 14, and girl, 11, were the only ones home when Lawrence and his narcotics team arrived. The family claims they forced their way into the house and kept their hands on their guns while yelling for Wiley Andrews to come out.

An officer then called Santana and allegedly told her that she needed to come home immediately or they would call Child Protective Services. Since Santana could not leave work on such short notice, she asked Wylena Andrews to meet with the officers.

Wylena Andrews did not know where her brother was, but Lawrence eventually tracked him down on his cell phone.

“They said, `We’ve got your mom, we’ve got your sister and we’re taking them to jail,” Wiley Andrews said in an interview. “It was basically a deal with me that they’d let my family go if I turned myself in.”

Wiley Andrews told police he was in Las Vegas and would turn himself in the next morning.

Lawrence allegedly ordered Wylena Andrews to be taken to the city’s jail for a parole violation. Her parole agent would later tell authorities that she had not violated her parole and police never contacted him about Wylena Andrews, sources say.

Wylena Andrews spent nearly 24 hours in the Police Department’s jail cell. She was taken out only once to be grilled about her brother’s whereabouts.

When Wiley Andrews arrived at the station the following evening, his sister was immediately released.

Wylena Andrews was never charged with a parole violation. Her brother pleaded guilty to the burglary, though he says he did so only for his family’s safety.

Internal Affairs detectives interviewed the family last week and showed them several photographs, asking them to identify any officers they remembered.

Wylena Andrews says she remembers Lawrence’s face “like it was yesterday” but did not see him in the line-up of photographs.

She has not retained an attorney and said she only wants justice “so this doesn’t happen to anyone else.”

History of controversy:

Brad Lawrence joined the San Bernardino Police Department in 1984.

- In 1989, a school officer reported that Lawrence had threatened to tie an uncooperative suspect to the trunk of his car during a field interrogation. Lawrence was charged by the District Attorney’s Office and fired but was rehired after the trial ended with a hung jury.

- On July 2, 2008, Sgt. Mike Desrochers accused Lawrence of illegally detaining two men driving in a car.

- In August 2008, another officer lodged a complaint against Lawrence for allegedly overstepping the boundaries of a search warrant while raiding a San Bernardino motel.

- On Sept. 19, 2008, a booking log shows that a man named Greg Parker was “on ice” in the police jail. Parker’s attorney claims Lawrence kidnapped his client and later searched his home without a search warrant.

 

SJC SAYS NEWBORN REMOVED TOO FAST

 

Seeks to clarify emergency cases involving custody

 

http://www.boston.com/news/local/massachusetts/articles/2009/11/05/sjc_says_newborn_removed_too_fast/

By John R. Ellement

Globe Staff / November 5, 2009

In a sharply worded rebuke, the state’s high court yesterday said that a judge and the state Department of Children and Families moved too fast to remove a newborn from a Western Massachusetts mother who had already lost custody of two older children because they were not being properly cared for.

In a unanimous ruling written by Chief Justice Margaret H. Marshall, the Supreme Judicial Court said that judges handling emergency custody cases must wipe from their minds any information gleaned from other cases involving the same mother or family.

The baby was identified only as Zita.

“It may be impossible to erase a judge’s memory of the prior case,’’ Marshall wrote. “But each party is entitled to an impartial magistrate and a decision based on the evidence presented in her case . . . Zita’s removal by the Commonwealth from her custodial parent implicates constitutional rights of the highest order.’’

The high court ruled that a new custody hearing that could lead to the mother regaining custody of the girl must be held “forthwith.’’

The SJC said it took on the case because it wanted to clearly spell out the rules that judges must follow.

Marylou Sudders, president of the Massachusetts Society for the Prevention of Cruelty to Children, said she feared that the decision may lead judges to completely ignore the history of a mother or a family.

“Parental history is a factor in child abuse and neglect cases,’’ Sudders said. “It doesn’t predict the future, but it is obviously an issue.’’

The Department of Children and Families, she said, “first and foremost has to be a child protection agency.’’

She added: “It is concerning, if, over time, courts do not take into account prior history that is properly introduced in court hearings. Without appreciation for the history, I think that will not be in a child’s best interest.’’

The attorney for the mother, whose name was not released, said she could not discuss specifics because she had not been given permission by her client.

Speaking generally, attorney Dorothy Meyer Storrow said the SJC was right to force judges to rule only on evidence presented in individual cases and to require the Department of Children and Families to meet basic legal rules, especially since the agency has the information at its fingertips.

“There are issues that are specific to one child that aren’t specific to another,’’ said Meyer Storrow, of Greenfield. “If you don’t know what the judge is relying on, she may be relying on something that is inaccurate and you have no way to fix that.’’

She added: “When you are dealing with constitutional rights, we want to make sure that it’s done in a fair way. Sometimes, the fact that a parent can’t meet the needs of one child is actually not relevant to whether she can meet the needs of a different child with different needs.’’

Alison Goodwin, a spokeswoman for the Department of Children and Families, said the SJC ruling does not limit the agency’s efforts to protect children.

“We have an obligation to evaluate each individual situation on its own merits at that time,’’ Goodwin said in an e-mail. “However, there is nothing in this ruling that prevents the department or the courts from considering a past history on fitness nor is the department or the courts required to wait until a child is harmed before custody is granted.’’

In its ruling, the SJC gave an outline of the woman’s history that led the department to decide three months before the child was born that it needed to take emergency action to protect the newborn.

The court said the woman had two children who were removed from her care on May 23, 2008. Two days after the child was born on Dec. 18, 2008, the DCF took emergency custody of the child and prepared to justify its actions at a hearing required by law to be held no more than 72 hours later.

The high court said the most powerful evidence the department provided at the hearing was an unsworn letter from a department social worker that discussed the woman’s prior failures as a mother. The hearing was held before Hampshire-Franklin Juvenile Court Judge Lillian Miranda, who had ordered the older children taken from the home, according to court records.

Miranda granted temporary custody of Zita to the department, a decision the SJC reversed yesterday.

“The judge erred, and therefore violated Zita’s substantive rights, in both respects: her reliance on the petition that was not in evidence, and her reliance on her recollection of the facts of the earlier proceedings involving the other children,’’ Marshall wrote.