Motzei Shabbos, September 13, 2008
Summary:
I am Aviva Yehudit Bat Ya’akov, daughter of a Polish holocaust survivor. Despite financial and health challenges, I have raised my only child as a Jew. He was taken from me 7/10/08 by DCFS on false allegations. Immediately notified county we are observant Jews; called for help to Chabad and Jewish Family Services. My worker at JFS is Ms. Alexander, I assume a Jew; we have no trouble communicating despite my hearing impairment, we use live relay (assistive technology). My worker at the county is Mr. Dario, a Catholic. Dario refuses to use relay or email. Dario disregarded written requests made in July for a Jewish home and placed my son at Trinity, where foster family takes him to Catholic mass. When I called Trinity in protest, they claimed Dario told them we are “non practicing.” I told Dario less than two weeks ago that I cannot meet on Saturday because I do not drive on the Jewish Sabbath.I have made an issue of not calling child on Saturdays until after dark; County dictated calls be made “at 6:30 pm every day.”
On or about 9.11.08, my child ate ham for the first time in his life. This resulted in intestinal distress that lasted for at least 48 hours and was documented at a hearing before Commissioner Trendacosta at Edelman Childrens Court on 9.12.08. Minor child requested through counsel, Sheila Youngberg 1. to return to mother; 2. to return to CAVA Charter School; 3. to have only kosher food; 4. to be placed in a Jewish home; 5. to be allowed to attend high holy services this month with mother. The judge ordered the following: 1. kosher food; 2. Jewish placement and did not rule on the education issue (2) or the worship issue (5) in violation of the child’s civil rights.
Parent independently prepared and will be filing an Extraordinary Writ in the California Court of Appeal, Third Appellate District, Division Two Monday September 15, 2008, in accordance with local rules that require me to file within 7 days of the ruling I want to contest, Monday is the fourth day. Issue of the Extraordinary writ is SCHOOL PLACEMENT (child attending Rivera Middle School against my wishes and against his own wishes).
Timeline:
Late February 2008, my child goes to LAPD after a scuffle following a routine argument about routine chores. Tells LAPD he wants to be emancipated. He was 12. LAPD thinks he wants out of my home permanently, notifies DCFS.
March 2008—Zadik Shapiro, Esq. assumes formal representation of me and sends letter to county counsel notifying them all communication to cease with me and go directly to him. Workers ignore this agreement for five months, continue to call and leave notes on my door.
7/10/08—child snatched by DCFS, after police take him with no warrant; child is placed in PALMDALE, CA with single Latina mom and 5-6 other children. Sandra Amana was foster #1. Nueva was first foster agency. Only justification given is “scratches on face” presumed to be parent inflicted (child reported they were self-inflicted due to sunburn.) This single allegation used for months to monitor our calls, our mail, our 1:1 meetings and to limit contact to 3 hours per week, monitored, and to prevent him from homeschooling with charter school under my supervision, despite extremely high test scores on the STAR 2008.
7/10/08—LAPD spends 45 minutes trying to break down my front door with battering ram “because we do not have cell phones and cannot accept relay calls in the field.” Holguin made similar comment, but she had a cell. LAPD did not accept for 2-3 hours that I am hearing impaired.
7/10/08–DMH Holguin does 5150, refuses to show county issued ID; tells me I am “paranoid” for asking for ID at the door, then asks if I am “gravely ill.” I show her lease and paid utility bills, discuss benefits I already receive. She then decides I am manic.
Asked for a concrete example of my mania she observed, she stated, “You said you are going to sue child services. That is CRAZY. You can’t sue child services, nobody can sue child services.”
7/10/08–Holguin refuses to listen to my explanation and refuses to take copy of my audiology report with her. When done with discussion re mania, Holguin states, “I think homeschooling is a bad idea. Your son belongs in public school. I am gonna take him and put him in a foster home.” Holguin’s boss is Linda Boyd. LA Dept. of Mental Health. I ask her to leave. She refuses until I move toward the phone to call 911.
7/10/08—language form signed, DCFS agrees in writing to communicate with me by relay (written language).
7/11/08—Bramachari Lee (monastic at SRF Palisades) confirms he supervised child for one week at sleepover camp during week ending 5 days before DCFS snatched child. Lee informed DCFS (Marcelino) he witnessed child scratching facial SUNBURN. Marcelino left this out of the report.
7/15/08—detention hearing. County counsel (Leftwich) lies to Commissioner Trendacosta about “scratches” “general neglect” and “mental illness” as well as “educational neglect.” Child testifies through counsel he has never been abused, I have never taken pills. I also deny abuse. Neither I nor child are allowed to speak directly.
Trendacosta issues minute order to detain child.
7/18/08—Los Angeles Department of Mental Health doctor Alvaro Campos declares I have no psychosis; am suffering from “stress related to custody battle” and issues related to my audiological condition, CAPD and hyperacusis.” Letter faxed to county, which insists I still have untreated mental illness; ignores hearing impairment.
7/22/08 David Myers, DCFS ER CSW tells Rebbitzin Miriam Ferris at Chabad that my request for Jewish home is being denied. No reason given. Case transferred away from Myers to Ngo/del Rio. (No county caseworker yet assigned is a Jew).
7/23/08– I call Shorena Alexander, ASW and Debbie Fox at JFS and request Jewish foster home.
7/27/08–child transferred from Palmdale to East LA, (after hitting incident) to Latino foster #2 (Rodeglio and Anna Hernandez), no active proselytizing. Child tells me Rodeglio Hernandez is former teacher. I find written evidence in the form of a legal document from the East Coast that someone with SAME NAME, (Rodelgio Hernandez), race, age and general description was convicted of abusing teenage boys on the east coast and report foster family #2 (dad fit description and was described by my son as “former teacher.”) to the child abuse hotline.
7/27/08-08/01/08—DCFS (Franco) investigates Rodeglio Hernandez of Maywood. Maywood Police investigate as well (while denying to me child is there). Nueva sends 7 day notice to LA County that child cannot remain with Hernandez family “due to mother’s harassing reports.” Again request for Jewish home is made by me, to Ngo/del Rio. Am told by County (Ngo) County will cooperate with JFS. They do not.
7/28/08—child notifies his counsel independently that: 1. he wants to go home; 2. he wants to go to charter school.
8/8/8—California court of appeal issues pro homeschooling ruling in Jonathan, another dependency case pending in LA, I think I have stronger case.
8/12/08–Meet with Rabbi Dennis Brown (Chabad Betzalel, also runs Ness Counseling Ctr) re case and parenting class, tell him whole story, DCFS (del Rio) referred to Brown. Attend Rabbi Brown’s rap group for two weeks. Brown warns me new change in worker coming.
8/19/08– case transferred to Perez/Dario. Dario is Catholic.
9/1/08—notified Dario that child exercising right through his own attorney to attend home school, through his counsel, Sheila Youngberg, Esq., appointed by county.
9/1/08– Brown tells me story about Jewish mother who put her kid up for adoption b/c she could not handle him, he was also reporting her (like my son), he goes along with adoption, seems troubled; I stop seeing Brown, complete online parenting class instead,
9/2/08–child moved to foster home #3 in Pico Rivera, to Catholic Family (Rocio and Ernesto Tapia) that is actively proselytizing by taking my son to mass. Also pushing public school. Did not assume it was the foster parents’ idea this time, called their agency (Trinity) and spoke to social worker (use of proper channels, no dumping on the wrong people).
9/5/08 Pellerin advised the court to give my son back in 2 days “under county jurisdiction.” Meaning CATHOLIC jurisdiction? I told the county workers I already have JEWISH services and they have ignored me. My lawyer (name withheld per her request) says County workers have authority, JFS has zero authority. We have private services and a Jewish social worker. Services being forced on me are either duplicative or unnecessary and not wanted.
9/8/08–I requested of Trinity that they give 7 day notice to the county that the current placement (#3) is inappropriate b/c it violates kinship & community and is in East LA, I live a few miles from West LA and spend all my time there. Dario’s number at the county is 213.639.4677, and his Supervisor is Hanh Perez. 213.639.4243. They are located at the 3075 Wilshire Blvd. office. The court investigator is Melanie Pellerin, same building, her report is on file with the Edelman Childrens’ Court, my case docket number is on fightcps.com along with more names and numbers, look at September guestbook for 2008. I will post a .pdf of the Writ after it is filed & served.
9/9/08 – Called Trinity social worker (Palacio) to ask her why they are taking Jewish kid to church. Trinity says “the county” (Dario) had told them we were not practicing; they apologized and said they would take action. Palacio is at 626.625.7028.
9/10/08—I file EEOC charges against three agencies LAPD, DMH and DCFS for failure to use assistive technology in an emergency situation, directly and proximately causing emotional distress, etc., violations of the Unruh Act. EEOC promises to prepare complaints (relay conversation). Can be confirmed by Robert Hammock and at 213.439.6724 or [email protected].
9/11/08—county’s secret §301 offer to return child back to me on condition of continuing County jurisdiction REJECTED. Offer included dismissal of physical abuse and mental health counts, county threatens to keep child in custody and “add new counts” if I do not agree.
9/12/08—trial previously scheduled at Edelman Childrens’ Court (a Division of Los Angles County Superior Court) for this day (was first on docket) now continued until 10/15/08, for no apparent good reason. Two of the lawyers, the child and me are Jewish. High Holy days are not over until October 10th. This could be reason for delay. Judge grants our request for jewish home, kosher food, no prosteylization, and orders DCFS to communicate with me by email as an ADA accommodation. Education, worship, monitoring remain unchanged.
9/15/08—parent files extraordinary writ and notices Edelman of intent to do so.
10/15/08—new trial date
All my calls are recorded on live NxI relay and I have backup documentation available in the form of emails and live relay transcripts. Veracity and integrity of transcripts overseen by CPUC, FCC and NxI, a Utah business entity.
My contact info:
a.j. ovitsky (aviva yehudit bat ya’akov)
888.372.4702 – live operator assisted relay (toll free, NOT TTY; call number from any phone)
Email: [email protected]
There is a voice number, but it must be kept very private, I will email the writers if they need to call me, and I will see anyone who wants to write about this.
I live very close to Washington Blvd. and South La Brea, about 2 miles from Pico Robertson. I attend a variety of synagogues and have been attending as much as my disability (sound intolerance) allows with my son since we arrived, mostly chabad. My reference up North is Yehuda Ferris, Rabbi and Miriam Ferris his wife, Berkeley Chabad. I also practice and teach non violent communication, inter-faith education and have attended and participated in services at the following: Berkeley Unitarian Church, Kensington Unitarian Church, SRF Richmond Temple, SRF Palisaides Temple, SRF Hollywood Temple, ISCKON (Venice Blvd.), Dharma Vijaya Buddhist Vihara (Crenshaw Bld.) and can provide a personal reference from clergy at most of these places of worship.
