NYS OCFS: Due Process & Timeliness

Update: 4 September 2008 9:08 am EST

Note: This story was formerly titled, "City of North Tonawanda Mother Faces Second Charge of Educational Neglect".

Everyone citizen has the right to due process and a timely decision.

Seven months have elapsed since the Hearing, and nearly one month since correspondence to Richard Davidson, Supervising Hearing Officer, Bureau of Special Hearings, New York Sate Office Children & Family Services, who is responsible for the final decision on this matter, requesting the status. To this date, Mr. Davidson has not replied to the correspondence.

NYS OCFS' decision on this matter is clearly untimely. A second letter requesting an explanation for the delay, or a determination on this matter, is being sent to Mr. Davidson today. NYS OCFS Commissioner Gladys Carrion, Steven Connolly (NYS OCFS Director), Jean Greinert (NYS OCFS ALJ), and Laura Wagner (attorney for Niagara County Department of Social Services) were copied.

End of Update

In a Hearing before New York State Office of Children & Family Services Administrative Law Judge Jean Greinert held at Niagara County Building in Niagara Falls, NY on Friday, February 1st, the witness for New York State Office of Family and Children Services in a charge of "educational neglect" against me, arrived one hour late for a scheduled hearing to begin at 12 Noon. I read my opening statement before Judge Greinert, stating that Judge Greinert had "evidence before her of an egregious and illegal abuse of authority by New York State Office of Family & Children Services and Niagara County Department of Social Services personnel who violated, among other things, the Laws of the State of New York, Article 6, Title 6, Section 424(7), which states the duties of the child protective service concerning reports of abuse or maltreatment. "Each child protective services shall determine within sixty days, whether the report is "indicated" or "unfounded". " The initial report of "educational neglect and inadequate guardianship" was made November 29, 2006, and was not "indicated" until May 8, 2007. (I was able to reverse the charge of "inadequate guardianship" prior to learning that NYS OCFS and Niagara County Department of Social Services had in fact exceeded the statute of limitation and has no legal standing.) I then requested that the matter be promptly expunged and sealed and preserved my right to commence legal action on this matter. I also stated for the record that if New York State Office of Children and Family Services continues with this course of action, that I am requesting an adjournment to subpoena witnesses for examination.

I was not granted an adjournment or an opportunity to subpoena witnesses for examination as Judge Greinert then asked NYS OCFS Attorney Laura Wagner if she was ready to present her case. I entered evidence, twice objected to by Attorney Wagner, that City of North Tonawanda School District defied the Administrative Subpoena Duces Tecum issued by Judge Greinert back on December 5, 2007, to produce all of Michael's educational records and evidence that sources for the charge were unreliable, including "school officials" and a school board attorney. NYS OCFS could not provide evidence that Michael was released by his doctors for regular attendance to school.

Attorney Wagner refused to refrain from leading questions of both the state's witness and myself.  Judge Greinert also gave no indication that she would hold City of North Tonawanda School District in contempt for violating the Administrative Subpoena Duces Tecum. Judge Greinert did indicate however that she will render her Decision in 2 weeks.

Update:  29 February 2008

Thirty days have passed since the Hearing on the charge of Educational Neglect with no Decision from Administrative Law Judge Jean Greinert.  Correspondence was sent to Honorable Greinert today asking for the status of her decision on the matter.

The first charge of educational neglect falsely filed by Principal James V. Fisher, North Tonawanda High School, North Tonawanda, NY in November 2005, was determined "unfounded".  Evidence proved that Principal Fisher willfully, intentionally, and illegally prevented me from obtaining all coursework for my son during the course of his absence.  Both New York State Office of Children & Family Services and Niagara County Department of Social Services failed to file criminal charges against Principal Fisher for Penal Code Violation 240.50, even though they held sufficient information to do so.  My efforts to then file criminal charges against Principal Fisher for falsely filing and causing to be circulated false information were prevented by City of North Tonawanda Police Department Lieutenant Krantz and former Niagara County District Attorney Matthew J. Murphy, III, even though evidence was presented to each of them that Principal Fisher willfully and intentionally misused a State Agency and caused to be circulated information he knew to be false.