Formal
Complaint against a Judge
My husband and I are filing a complaint against
Judge Timothy Henderson. His courtroom is in Sedgwick County Juvenile Court
House. Kansas Attorney General Derek Schmidt sent me a letter telling me to
file a complaint against the judge and attorneys involved in our case. I am
doing what he stated in the letter. I have also filed complaints with federal
agencies. Some have written back stating they do not handle these complaints
but be patient because you have given the other agencies enough proof about
religious and disability rights violated by the people listed in your
complaint. Judge Henderson is listed on those complaints. The case numbers for
our case is 11JC 31 and 32. Below is a list of what Judge Henderson did wrong:
1.
Signed
a warrant to remove our daughters even though the SRS social worker did not
show him any evidence. She just gave a
court report. I am going to attach an email from his court reporter which
states what two doctors testified in court. They were removed because the SRS
social worker stated that we were not taking our oldest daughter, Angelica
Owen, to the doctor. Our daughters have Mitochondrial Myopathy, a form of
Muscular Dystrophy. My husband is a retired disabled veteran. If we were not
taking them to the doctor, he would have been in trouble with his command. We
have military health insurance. The insurance company also monitors if children
are receiving the proper medical care and will notify the Air Force if we were
not meeting our daughters’ medical needs. This was explained to us in mandatory
meetings when Tricare was to be the new insurance for the military.
2.
Religious
Rights violated by SRS and Youthville. I
sent a letter (through Scott Montoya, CSO) to Judge Henderson because Mr.
Mitchell, Mr. Hagan, and Mr. Dickenson would not tell him that our religious
rights were violated before our daughters went into custody and continued.
Scott Montoya emailed me that judge Henderson wants our attorneys to bring up
the religious rights violations. Nothing was done about the religious rights
violations. I have talked to attorneys and legal agencies that help people who
have their religious rights violated. I was told that I have the evidence to
prove it. Most do not have an attorney who can work in Kansas but the agencies
who do have attorneys that can work in Kansas is very busy at this time and it
would be a few years before they could handle our case. SRS worker was angry
that we had started attending church and Bible studies even though she told us
we could not. She stated that I can make you change churches, change faith, and
even to not believe in God. If you do not do as I say, I will take your
children. The SRS worker found out that we were home schooling with
Christ-centered curriculum. She stated again I can make you change churches,
change faith, and even to not believe in God. If you do not do as I say, I will
take your children. She also stated that she will find a way to make us change
the curriculum or put them back into public school. Shortly after making these
statements, she demanded that an elementary school in Haysville school district
do an IEP meeting on our youngest daughter, Catrina. The IEP notes state she is
being home schooled and listed the curriculum and publisher. One week after
this meeting, the warrant was signed (Jan.20.2011). The IEP is proof of
religious and disability rights violated. A Wichita middle school did explain
to the Youthville social workers that the IEP was illegal because she was not
attending public school at the time.
Youthville allowed our daughters to
attend church without our permission. The case manager stated that the court
allows the children to attend church. Youthville also sent our youngest
daughter to a religious camp without our permission.
I did not do the court order which stated I
must find full time job. We explained to the Youthville social workers that
this is a violation of my religious rights because we believe a mom is to stay
home to care for the children, husband, and home. The mother is to teach the
children about Christ.
3.
Disability
Rights violated. Judge
Henderson has received letters from Dr. Dwight Lindholm, Muscular Dystrophy
Clinic pediatric neurologist. He requested that our daughters be sent home for
medical reasons. He backed it up with medical reports. Catrina is in custody
through Angel. Dr. Lindholm believes that Angel is showing signs of status
epilepticus (fatal seizure, 1/25/11 pg 7 under prognosis). He wrote and
testified in Butler County and Sedgwick County that the longer she remains out
of the home risks her life. He stated that she is not handling the stress of
being out of the home. Her two EEGs,
which were done while in foster care, are worse than the previous EEGs. She was
wearing reading glasses before going to foster care. Now her vision is blurry
if she does not wear her glasses. An attorney in Butler County explained the
Kansas law which states a judge is to act on the request of a doctor. Judge
Henderson stated he will not accept any requests for the children to go home
based on medical evidence.
Judge Henderson allowed
Youthville to choose the medical care for our daughters. Our daughters were not
allowed to use their leg braces which have caused them to have new issues with
their leg muscles. The pediatric neurologist (used by Youthville and Crabtrees)
is not qualified to care for our daughters’ disease- Mitochondrial Myopathy. The
case manager showed him what she wanted him to see so he would state that they
do not have Mitochondrial Myopathy. The doctor was informed by the specialist,
who does have the education and training for Mitochondrial Myopathy, that there
are military medical records which explains why they were diagnosed with
Mitochondrial Myopathy. The pediatric neurologist is to be investigated according
to a special investigator who has written me. The case manager overdosed our
oldest daughter on seizure medication. The case manager would not allow our
daughters to take some of their medications as ordered by their doctors. Judge
Henderson did state that if Youthville did not use proper medical care for our
daughters, he would send them home. According to our attorneys, Judge Henderson
knows what the case manager has done to our daughters and not getting them the
proper medical care.
Judge Henderson would not accept any reports
which stated that a parent can care for their children and any reports which
stated that the children’s health has not significantly improved.
Today, they are not taking their
medications for Mitochondrial Myopathy. Angel is not using her leg braces or
wheel chair. Angel’s seizures are not being properly monitored plus no testing
to check on medication levels in her blood or EEGs.
He allowed the state’s attorney to
make statements that a good mom is not in a wheel chair. She will not be hired
by a school because she is in a wheel chair. There were other statements made.
Kansas attendance law violates the American Disability Act. I have been told that Judge Henderson is to
be sure that any law, used to do actions from the court, does not violate the
ADA. The law only states what unexcused absences are. Schools do not have to
accept doctors’ notes. Many schools have started turning children with special
needs in for truancy if the parent or parents are filing complaints about their
child’s IEP. The school officials are hoping that the parent will stop filing
the complaint.
Judge Henderson allowed Kasey Shepherd to
state the I have Munchausen (Syndrome) By Proxy. The social workers have
violated regulations. (attached are the statements for the Behavioral Science
Regulatory Board)
David Owen is a retired disabled veteran. His
disability is mental health with memory issues. He did not make sure that any
attorney assigned to David understood his disability. We had two separate
attorneys for the motion to terminate. We had to meet with the attorneys
together because David will ask me for days what his attorney told him and what
it meant.
4.
Lies
were allowed in the court and court reports. The
case manager made contradicting statements in her reports. She failed to
mention when our daughters were telling us about the abuse which was happening
in the foster home. She would state that their health has improved
significantly. Our attorneys have told us that there were no doctors’ reports
which state about their health improving significantly. I told our attorneys
about witnessing the case manager bullying a doctor and therapist. She demanded
that they write a report which states their health has improved significantly.
The doctor told her that Catrina’s health is the same as the last visit. She
stated that Angelica’s health has gotten worse. Her lung muscles are weaker
than the last visit. The therapist stated that Catrina has had a slight
improvement. He stated that Angel has slight improvement on the left side but
the right side has gotten worse. This was not put in the court reports. The state’s attorney would also state in
court about their health improving significantly. The case manager would not allow the specialist-
for Mitochondrial Myopathy- to care for our daughters because he refused to
write a report which states their health has improved significantly plus he
would not copy the military records for her. This would have been a violation
since the medical records were copies he received from McConnell AFB. The case
manager did not put in her reports that our daughters have developed mental
health issues from being in foster care. She stated their mental health has
improved.
He allowed lies to keep our daughters
out of our home. We were forced to make the statements we did at the hearing
January 2012. In the journal notes for
this hearing (point 59), it states that the court is remaining involved to
address any circumstances that need to be addresses in the best interest of the
children. He has been made aware of issues which are ongoing with Angel and
Catrina. He still does not act in the best interest of the children. He also
made statements that children who are home schooled do not get enough
socialization. Below is a chart that compares socialization and care.
Comparing
Socialization and Care
|
Activity
|
Home
|
Crabtree Home
|
|||
|
|
|
Angel
|
Catrina
|
Angel
|
Catrina
|
|
|
Youth
Bible classes and activities
|
X
|
X
|
|
|
|
|
MDA
Camp, events and activities
|
X
|
X
|
|
|
|
|
Choir
Camp
|
|
|
|
X
|
|
|
Youth
WELS Camp
|
|
|
|
X
|
|
|
Confirmation
Class
|
X
|
X
|
?
|
X
|
|
*
|
Sedgwick
County ARC day camp
|
|
|
X
|
|
|
|
ROCKO
|
X
|
X
|
|
|
|
|
Girl
Scouts
|
X
|
X
|
|
|
|
|
Special
Olympics
|
X
|
X
|
|
|
|
|
Zoo
classes
|
X
|
X
|
|
|
|
|
Playing
outside with friends
|
X
|
X
|
|
|
|
|
Made
to stay inside
|
|
|
X
|
X
|
|
|
Daily
Bible Study
|
X
|
X
|
|
|
|
|
Family
Devotions
|
X
|
X
|
|
|
|
|
Hymnology
|
X
|
X
|
|
|
|
|
Church
Service during the week
|
X
|
X
|
|
|
|
|
YMCA
Classes
|
X
|
X
|
|
|
|
|
River
Fest
|
X
|
X
|
|
|
|
|
Listener
Appreciation Concert
|
X
|
X
|
|
|
|
|
Families
Together
|
X
|
X
|
|
|
|
|
Visit
Maternal Family
|
X
|
X
|
X
|
X
|
|
|
Visit
Paternal Family
|
X
|
X
|
|
|
|
|
Bowling
|
X
|
X
|
|
|
|
|
Swimming
|
X
|
X
|
|
|
|
|
1 movie/ month
|
X
|
X
|
|
|
|
|
Fishing
|
X
|
X
|
|
|
|
|
Life
skills in the home
|
X
|
X
|
X
|
X
|
|
|
Life
skills out of the home(laundry mat, shopping, eating healthy )
|
X
|
X
|
|
|
|
|
Self-esteem
boosted
|
X
|
X
|
|
|
|
|
Proper
medical care
|
X
|
X
|
|
|
|
|
Proper
dental care
|
X
|
X
|
?
|
?
|
|
#
|
Choosing
proper care givers
|
X
|
X
|
|
|
|
|
Severe
weather plan
|
X
|
X
|
|
|
|
|
Fire
safety plan
|
X
|
X
|
|
|
|
|
Practice
the 2 plans
|
X
|
X
|
|
|
|
|
Safety
with teens
|
X
|
X
|
|
|
*We did not send Angel to this day camp
because she does not handle loud noises very well and needing naps in the
afternoon because of her having
Mitochondrial Myopathy.
# Crabtrees have allowed these people to
care for Angel and Catrina:
Roy Ekstein- chronically ill, falls
asleep and hard to wake up, and abused Teresa Owen as a child and adult.
Nikki- Sheila’s friend. She was
investigated for abuse and neglect of her son. Her husband was getting ready to
separate and possibly divorce her because she did not properly care for their
son.
Angel and
Catrina are punished if they cry. TFI Wichita social worker was present when
Catrina told us this. Catrina gave the example of when she went with Sheila to
a roller skating rink. She had fallen several times. She started to cry. Sheila
told her to stop crying immediately or else they would leave. She also stated
that Catrina’s crying was embarrassing. When they were leaving, they were
crying and Angel stated we better stop or Aunt Sheila will be mad.
They are also
punished if they come up stairs except to eat meals, use the bathroom, and go
to bed. They do not go outside to play. They only watch TV 3 days. Sheila and
Jeff are upstairs watching TV.
Angel and
Catrina like to go window shopping and walk the malls. Sheila does not.
Angel is chewing her hair because she is
not allowed to chew gum. Shepherd told Sheila that Angel is not autistic. This
is not true. I give Angel gum at our visits. She does not chew her hair after I
give her the gum. Pink erasers at school may be chewed on or are missing.
Teachers were telling me prior to us allowing her to chew gum at school, that
erasers and erasers on pencils were chewed on or missing. Some autistic
children need to chew on something to calm down. The special education teachers
and therapists also noticed when she was chewing gum that her attention span
increased and answered questions faster. There was an article in the Children’s
Mercy Hospital newsletter which stated that someone did a study about how chewing
gum affected children in the classroom. The person discovered that children got
higher grades and did better on tests.
Angel is not being allowed to use her
leg braces. Angel and Catrina are not taking their medication for Mitochondrial
Myopathy.
He is aware that we are fighting to bring them
home He is also aware the we have made contact with federal agencies and
attorneys that investigated Kids for Cash in Pennsylvania.
5. Meetings and Hearings on going
without our knowledge.
David received an email from TFI in
Wichita that stated that there have been meetings and hearings since January
2012.
Summary
Judge Henderson was
concerned about the clutter in our house. It was not in any court reports that
we had bought the house on August 23, 2010. The clutter was us still unpacking.
There was working being done to our home because it was damaged by the tornado
which touched down near our home on September 15, 2010. I sent a letter to
Judge Henderson making this known to him since our attorneys would not tell
him.
The case manager told in her reports that we
did not do our court orders. We spent over $3000 to do the court orders. There
was one we did not do because it violated my religious right. There was a court
order which stated that I must take psychiatric medications. I gave the
Youthville social workers the list of medications from McConnell AFB pharmacy.
It showed all prescriptions from 1995 to late 2011. There were no psychiatric
medications on the list.
We met with Scott Montoya in February 2012 after
we agreed to Permanent Custodian. We found out that our attorneys had lied to
us again. He told us that Judge Henderson knew that our attorneys were told to
tell us anything which would get us to agree to this. He stated the judge knew
that all of our attorneys were lying to us. He stated that juvenile courts
cannot be investigated because of confidentiality so the judge chooses what the
investigator will see. He also stated this in court on April 7, 2011. Does he
have more than one file for the cases he handles- one which has everything
about the case and another which only
has what he wants investigators to see. What is he hiding?
David, my husband and father of our daughters,
received an email from TFI Wichita which stated that there have been meetings
and court hearings we were not informed about. We did not have a court
appointed attorney at the time because we had found out that our attorneys had
lied to us from the start to middle of January 2012.
We have a court appointed attorney at this
time. We have asked her to file for a new job and help us bring our daughters
home. Judge Henderson needs to be
removed from our case because of what Scott Montoya has told us plus all of the
lies he allowed in the court reports. He can no longer be objective. I have
been researching Kids for Cash for about 18 months. California legal agency
told me that our family is a victim of Kids for Cash. I had told him what I had
found out about children with special needs being wrongfully removed from their
homes and other important information. I found articles about the investigation
and trials of judges, school officials, detention center workers, and court
workers in Pennsylvania. I have sent this information to the Kansas Congress. I
asked this question- Was Pennsylvania punished for not investigating the courts
and detention centers sooner or not punished because the committee turned over
the information from the investigation to federal authorities? The judges are
doing 28 years in federal prison. Could the Blue Ribbon Commission be in
trouble with the federal government for failing to investigate what is
happening to children in the CINC courts? I know that people did inform them of
SRS social workers targeting children with special needs. Schools are helping
the SRS social worker. The foster care social workers brag about lying in the
court reports to purposely keep children with special needs in the system.
Judge Henderson is doing Kids for Cash. Our
case is still open even though permanent custodianship was granted. The
agreement is not legal or binding because we were lied to by our attorneys.
Scott Montoya told us that Judge Henderson helped with developing the lies to
tell us to get us to agree to do what was not in the best interest of our
daughters. I am going to attach documents which show that our daughters are not
getting proper medical care plus Angel is not getting the BEST education. Angel
is showing some regression in her skills. I am also researching if Judge
Henderson can be held accountable if Angel dies before coming home. Dr.
Lindholm testified and wrote letters explaining that she needs to go home for
medical reasons. He used medical tests
to back up what he was stating. Judge Henderson stated he will not accept any
requests for child to go back home based on medical tests. This does violate a
Kansas law but the important point is he did not do what was in the best
interest of the child. Judge Henderson may have caused Angel to lose the
special military benefits we have set up for her after we go to heaven. She has
to be in our custody to receive the benefits. The benefits would make it so she
does not have to go on welfare.
I have the test book for Munchausen By Proxy.
In one chapter, it states what the duties of a judge are when a person has made
an allegation of Munchausen(Syndrome) By Proxy. The judge is to know if the
social worker can diagnose a person with a rare mental health illness or rare
behavior.
Judge Henderson does not know much about home
schooling. He should have requested to see the curriculum. I did give to our
attorneys and social workers how home schooled children are socialized. He made
the statement that home schooled children are not socialized. Our daughters had
more socialization in home schooling than being in public school. I will attach the socialization chart I made.
Judge Henderson allowed attorneys and social
workers to disrespect the doctors who have been caring for our daughters for
years and disrespect the military. Kasey Shepherd was about to be removed from
McConnell Air Force Base because of arguing with active duty military at the
medical clinic and not following military regulations. We explained to the
Youthville workers the military regulations plus they were our guests on the
base. David could get into trouble because of the conduct of Kasey Shepherd. I
had to plead to a Staff Sergeant to not call the military police because we are
almost done but that I will make it clear to her that she cannot continue
disrespecting the clinic staff and not obeying the regulations. She refused to
talk to me. I did let the attorneys and Youthville supervisors know what
happened on the base.
What we are requesting to be done:
1.
Remove Judge Henderson from the bench
and take his law license.
2.
Investigate Judge Henderson for doing
Kids for Cash and not acting in the best interest of children. He allowed too
many lies in reports and statements made by attorneys and social workers. He
did not follow federal and state laws.
3.
He allowed the family’s rights to be
violated.(ex. Religious and Disability)
4.
He allowed our daughters to not have
proper medical care and education. He did not act on the amount of injuries and
illnesses caused by foster care workers and foster/kinship parents.
5.
He should have asked why we do not
socialize with my father and sisters. He is having me keep in contact with my
father who has abused me physically and emotionally.
25 word statement:
Judge Henderson did not do what is in the best
interest of our daughters.
He continued
violating religious and disability rights.
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