Complaint against a judge

Below is a complaint I have filed. Many people do their complaints like a story or a letter. I hope that sharing this complaint will give you an idea of how to write your complaints. If you do not stay active in changing what is happening in your state, nothing will change. You need to continue trying to change laws in your state even after your children come home.

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.