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Family Court In Need of Change

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Mrs. And Mr. James’ daughter, Amber, was five years old when ACS came one night and removed her from their home.

At birth, Amber had seizure that led to a stroke. Mrs. James noticed shaking of her left hand and leg. The doctor told Mrs. James that the seizure led to the stroke. Born in N.C. on Oct. 10, 2001, Amber stayed in the hospital until Oct. 14. Ever since, the child suffered from problems with her eyes and skin rashes, according to Mrs. James. “I did not suspect malpractice until a couple of weeks later, said Mrs. James. “If my child had a stroke, should I leave the hospital with the baby? I got no answer.”

Although both worked, the James’ did not have health coverage for five years. Married 25 years, Mr. James said they are a working family. “No welfare.”

While in intensive care, the hospital had the baby under hot lights. There was no family history of health problems; no problems during the pregnancy. The James’ have a healthy 24 year old son. They say they were given no medical diagnosis for their daughter.

Amber never had a seizure again. She began to have chest pains in 2006. They took her to Parkway Hospital in Queens. The James’ were told to take their daughter home and observe her.

Amber’s eyes would itch and hurt. “Allergy medications never worked,” said Mrs. James. They would give daughter vitamins and “feed her properly.” Without medical coverage, the James’ would take daughter to a clinic referred by HHS. Mrs. James said daughter’s practitioner was “one year out of medical school.” After a second visit, the James’ were given a prescription that was in Mrs. James’, not Amber’s, name. According to Mrs.James, when she put it in Amber’s eyes, “she started screaming.” She called the doctor and asked what the medication was for. “At 12:05, midnight, ACS was at my door.” Amber was removed form their home, despite a report said the child was well cared for.

Mr. James, a case manager for mentally ill, chemically dependent patients, said he thinks “the doctor had a with a Black couple questioning her authority.” Later, the doctor sent Mr. James an email stating, ” she didn’t want the child to be removed from the home.”

“Family court demonized my wife,” said Mr. James. “They would give me my daughter if I kicked my wife out of the house and got an order of protection. It’s divide and conquer.”

In April 2008, Mrs. James was arrested and put in Elmhurst Hospital Psych Ward. “They lied,” said Mrs. James, “and said I knocked a big woman down, scared my daughter, and threatened the foster mother. Unbeknownst the them, all our visits were taped.” The wife’s visitation was suspended for a year, although there is no police report for the alleged assault.

The James’ said while in foster care, Amber was hospitalized three times for pneumonia. Amber was placed in three foster homes in 4 months.

When Amber claimed she was touched improperly while in foster care, the child was placed in Kings County psych ward and at midnight was left there by the social worker. “A five year old in a teen psych ward,” said Mrs. James. “She was thrown around like a sack of potatoes.”

Mr. James gave his assessment: “There are 17,000 children in ACS care. Poverty was their only crime. The children equal money; disabled children are worth more. Traumatize a child, then provide medication. It is nothing but modern day slavery.”

The last time the James’ saw their Amber, they took her to the Michael Jackson celebration in Prospect Park. They say their daughter is not the same.

Lauren Raysor has heard stories like this, and many more. An attorney who specializes in custody, visitation, and child support cases, Raysor says she has issues with “the way people of color are treated” in NYC Family Court. “The system is twisted, Family Court should assist in family re-unification.” Instead, said Raysor, “Children are a great commodity for the city. The foster care system has to get paid. There is great incentive to remove the child from the home.”

Raysor gave general examples of situations she has seen. A common scenario occurs when a child reaches adolescence and exhibits developmentally normal rebellious behavior. That behavior – staying out all night, getting into trouble, risking their own safety – does not conform with the Black value system. Raynor says, if the parents attempts to discipline the child, that discipline opens the door for all manner of disruptions.

“Corporal punishment is out of the question,” Raysor said, but if a parent seeks to restrict the child from hanging out all night, risking danger to him or herself, the child can make a complaint against the parent. That parent then becomes becomes the focus of an investigation, not the child’s behavior.

Raysor described a situation in which a parent took a child’s cell phone away, because the child refused to do school work. The child complained to a teacher. An investigation of the parent was initiated. Raysor said removing an iPod or cell phone from a child is “withholding,” a form of child abuse under the law. “The parent has no ability to assist their children.”

According to Raysor, an investigation of the parent is initiated when a parent makes a PINS request, seeking help with an out of control child. Ultimately, the child’s legal representative advocates for the child’s wishes, even though the child makes demands that are against their own best interests. “If you don’t want parents to have control over the child,” said Raynor, “then allow the child, age 16 and older, to be emancipated. As it stands, parents are in a Catch 22 situation: the parent is responsible if the child is hurt, yet has no control over guidance.”

There are other common scenarios, according to Raysor. When removed from the home, too often, the system “puts children up for adoption, rather than give the children to their grandmother. That is not our way.” Raynor added, “Foster care is no joke, either. Children are abused in foster care.” Raysor is also concerned about the application of child support.

Attorney Raysor has several legislative proposals that might remedy some situations: 1) emancipation, 2) mandatory, not statutory child support, and 3) child support tax deductions.

“Family court, as it is now set up,” said Raysor, “obliterates families.”

 

 

 

Democracy and Diversity Called For in City Council Leadership

“I would bring Democracy to the City Council,” says Councilman Charles Barron, throwing his hat in the ring to replace the current City Council Speaker Christine Quinn and reform the rules of the Council in January 2010.

“No one should have the absolute power so that fifty-one members are unable to vote their consciences, their principles and be the voice speaking for their people’s interests because they fear punishment by this all-powerful Speaker. No one should have that, me or anyone else.”

Barron contends that the result of this concentration of power has been in the impact on middle and working-class people. He cites the statistic that 1.1 million people left New York City and their average salary was fifty-seven-thousand dollars or less and says the city has been made unaffordable for the middle-class and working-class families struggling in our neighborhoods. “So the middleclass and working class are leaving, but at budget time they say we can’t put a tax on the rich because they may leave. So while you won’t raise the taxes on the rich, you will raise the subway fare, you will raise the SUNY and CUNY tuitions, you will charge the homeless rent. The reforming and democratizing of the City Council would lead to giving priority to the working-class people in our neighborhoods over the power elite.”

In a city as diverse as New York, skin color is always a factor in power-sharing. “The Mayor is White, the Speaker is White, the Public Advocate is White, the Comptroller is Asian.” And then there is the Council itself. “Historically, the three most powerful positions are Speaker, Chair of the Finance Committee and the Chair of Land Use. No person of color has ever held one of those positions. And with the Blacks, Latinos and Asians being 27 of the 51 City Council members, it’s time for the sharing of power and diversifying the power ethnically.”

To the reasons of diversifying ethnically the power and bringing integrity to the City Council, Barron adds that there must be “a check and balance to the power of the Mayor and not a Speaker who acts like a Deputy Mayor.”

Barron insists the times call for a powerful City Council and reminds that it’s the Council that passes the budget, the laws and determines land use issues, not the Mayor. “And if they are afraid of the Mayor and the Speaker, that just won’t happen.”

Toward this end, the councilman called a meeting to explore the possibility of a challenge to Speaker Quinn, and said it was “Very spirited, very productive and very promising.” Asked to elaborate, Barron said that about 30 people attended including a representative of Reverend Al Sharpton, Tony Avella, several union leaders, Alton Maddox, notable community leaders, and several Council members as well.”

They announced the formation of the Barron/Avella New York City Council Democratic Reform Movement with Paul Washington acting as coordinator. Barron said the purpose of the movement will be to bring Democracy to the City Council, diversity to the power positions, and take power away from the Speaker and give it to the Council members, such as having an equitable distribution of capital and expense money, allowing Council members to determine the process of legislation as opposed to the Speaker who can determine whether or not it lives or dies in committee and a process to determine who chairs committees.

The councilman will be making a public announcement on the 24th of November at 12 noon on the steps of City Hall. He hopes to bring community support to put pressure on their Council members “to consider this campaign and this movement. At least support the movement,” says Barron. “The City Council should be a Democracy built from the bottom up rather than the top down.”

 

 

 

 

 

Community Outraged at Proposed NYPD Use of Youth Center

Community activists came out Wednesday after work to protest proposed use of community center on Pennsylvania Avenue in East New York as NYPD training facility.

 “This is ludicrous” was the emphatic comment of community activist Salema Davis, speaking about the New York City Police Department takeover of the Arnold and Marie Schwartz Community Center, a 25-year-old East New York PAL Center and the only youth center in the area.  “But because the building needed work, they had to close the building and put the NYPD in there as a training facility.” 

“The building is huge” she continued.  “There is a library, studio, basketball courts, and the basement areas have old little courtrooms.  What they need to do is bring enrichment programs in there for young people and for the seniors.  Bring a training facility.  Their failure to do that says they’re looking for this community to fail.”

Ms. Davis spoke of the four housing projects in the area, the high crime rate and the numerous gangs in the area.  “The young people don’t have many enrichment programs.  When you have more children than community centers, what do you do?” 

Carolyn Walker Diallo, Executive Director of The George Walker Jr. Community Coalition, Inc. said “I was born and raised in East New York and recalled going there as a teenager. About two years ago we heard rumblings that the PAL was out and the building was unsafe for children and the building was closed. With the population of over 90,000 mostly low-income people in the East New York community we need this Center to provide much-needed services.”   

A coalition of several groups contacted the city to see what could be done with the building to provide  a multi-service center for the community.  “We got the run-around and the next thing we know, the response is that there is so much work to be done that the NYPD will come in and take over the building.  At the same time, they are requesting money from the community board to fix the building.” 

Ms. Walker was perplexed by this, asking “If we have money to fix the building for the NYPD, then why don’t we have money to fix it for our seniors and our young people?” Speaking more on the young people of the area, she says,  “We have a very high crime rate.  The gangs are out of control and when you speak to these children, a lot of them just don’t have anywhere to go.” 

“It’s absurd,” said Councilman Charles Barron, who’s district is nearby.  “How are you going to take away youth services?  The reason you need the police is because we have no youth services.”

Ms. Davis and Ms. Diallo both described Councilman Erik Martin Dilan, as a supporter, but we were unable to reach the councilman before press time.

A coalition that includes the George Walker, Jr. Community Coalition, Inc.; East New York United Concerned Citizens, Inc.; Brooklyn East New York Crisis Team and We The Kids Foundation has come together and held a rally in front of the Schwartz Center.

Ms. Diallo reported that at their Wednesday meeting, Brooklyn Community Board #5 passed a resolution in support of retaining the location as a community center and in opposition to the NYPD bringing in offices and a training center.