Wednesday, June 8, 2011

Sigh... Ramos and the CPS crew AGAIN

I cannot tell you how sick I am of having to deal with this type of harassment. In what has apparently become an annual event for whatever reason, I am having to defend the fundamental rights -- rights, not privleges -- of myself and my family, as well as aid each of my children in the assertion and protection of the rights they were born with. That's right, CPS for the third time in as many years.

Here is an excerpt from my recent letter to Governor Perry. It explains the situation, a bit of background (which can also be found by scrolling through the blog for anyone interested), and my position on the matter:

"My family has had to contact your office regarding Brewster County DFPS caseworker Anthony Ramos twice before and due to his continued harassment of my family, today I am forced to contact you again, requesting any assistance you may be able to provide in aiding me to protect my children from this man. As I have discussed with your office before, Ramos has had numerous complaints against him for multiple instances of abuse of power and intimidation.

Last year, I successfully resisted his unconstitutional demand that I present my children for inspection with the help of your office and other concerned parties. During that incident, you requested that Anne Heiligenstein, Commissioner of the Texas Department of Family and Protective Services, look into the matter. On Friday June 3, 2011, Anthony Ramos contacted me again, demanding a meeting, claiming a report was made. However, last year he contacted my brother, David Secor, stating the same thing, despite the fact that his partner, Azucena Carrasco, said specifically there was no new report or complaint, but that they were hoping to wrap up loose ends in the prior year’s investigation, which was unfounded and closed 4/17/2009.

Please note that in 2009, I was investigated and cleared (Ramos signed the 2009 letter himself, I have it still in its original envelope) in absentia, the fact that I wasn’t even a resident of Brewster County at the time adding a truly surreal element to the situation. I have never seen this man face to face and until our telephone conversation of June 3, 2011, I have never even spoken to him before. This is a very small community and everyone, including our local deputies, knows that I do not neglect or abuse my children. However, due to Ramos’s past and continuing behavior, I cannot trust this man to behave in a professional, fair manner.

Furthermore, as a full-time writer, I am particularly invested in the concept that words mean things. The Fourth Amendment of the US Constitution and Section 9 of the Texas Bill of Rights state unequivocally that “no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.”

The Texas Bill of Rights offers further protection, stating in Section 29 that “PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.”

The highest courts in the nation have affirmed that the protections of the Fourth Amendment do extend to child abuse investigations, with one notable case being Calabretta vs. Floyd, which also addresses intimidation and coercion techniques as being forbidden and unconstitutional. It has also been established judicially that each of my children has her own Fourth Amendment protections. And, it is very clear what the Fourth demands prior to searching any place or seizing any person (including for involuntary questioning or ‘interviews’) – a warrant based upon probable cause and supported by oath or affirmation.

Ramos is not excepted from this demand and the abridgement of that protection is forbidden in the state of Texas by the simple, direct words of Section 29 of the Texas Bill of Rights. To my mind, the issue here is a simple one – do the federal and state constitutions mean what they say or not? As the highest laws of the land, I believe that they do. And, I hope that you do too."

So, basically here we go again. I am rapidly collecting information and extend my deep gratitude to those who have already been so helpful to me in that arena. As I contemplate my various options, I welcome input in developing my strategy for managing this situation. I shall look forward to hearing from those who choose to share their experience, expertise, ideas, and suggestions.



Anonymous said...

If applicable in your situation, it seems the strategy foisted upon you centers around a concept in Game Theory called a zero-sum game. This strategy concerns the competition between two individuals in which another does better at the other's expense. Usually, for important, salient reasons such as immediately intelligible when one witnesses a cheetah and a gazelle in their dance across the Serengeti – at the moment, the balance is seemingly even, but do judge carefully and not misstep. At a macro-level, however, the Game, essentially, or in your circumstance is "stacked" due to how the Game is constructed, either naturally or otherwise – the cheetah is still hungry the next day and off the two of you go again…
But do not lose your moral - perhaps soon the board can be re-organized in your favor. Perhaps it is all a misunderstanding?
The cheetah may just wrongly misinterpret you for a gazelle and when he realizes this, will go pester some other eaiser prey.

- anonymously, perfectly that is

Anonymous said...

Mark Briggs (915) 779-0039 is one of the 11 attorneys in the state of Texas that diligently handles CPS cases. I have spoken with him in the past and I believe he would be helpful in your situation(s) regarding this continued struggle. I empathize with you and do wish the best outcome for your continued struggles. It has been a while since I spoke with him but I believe that he said that he has dealt with Carrasco before. I applaud your strength and convictions and hope that you stay strong.

Anonymous said...

Thank you! Forgive my delayed response, please. I appreciate your good wishes and solid information. I'll certainly give him a call when financially able.