Pursuant to Rule 58 (D) of the Arizona Rules of Procedure for Juvenile Courts, Respondent hereby moves the Court to issue an Order to Show Cause why ADES should not be held in contempt in the case at bar, and to set a contested evidentiary hearing to determine appropriate sanctions. The Government has utterly failed to comply with the Court’s Orders concerning the scheduling of a psychological evaluation, repeatedly failed to notify Respondent of the times and dates of CFT meetings and other meetings held by the Government concerning the care and custody of his son, failed to keep Respondent informed of the type and extent of medical treatment provided to his son, and has failed to provide any meaningful services to Respondent. This motion is supported by the following Memorandum of Points Authorities. On February 13, 2014, the Court entered an Order finding the minor child Dependent as to Respondent. In the Court’s Order, the Court held: 1) Respondent is currently diagnosed with paranoid schizophrenia; 2) Respondent “is not receiving, [nor] is he receptive to receiving, treatment for his diagnosis”; and 3) Respondent’s actions and statements “caused and still continues to cause an unreasonable risk of harm to” the minor child. On March 11, 2014, the Court held a Dependency Disposition Hearing as to Respondent. At this hearing, the Court Ordered that Respondent do the following in order to reunify with his son: 1) Maintain contact with CPS Case worker at least on a weekly basis; 2) Participate in visitation with the minor child, and comply with all visitation guidelines; 3) Participate in and comply with any recommendations from a psychological evaluation—to include individual and family therapy, and overall mental health treatment. The Court specifically Ordered ADES to provide “ongoing case management for the --- family.” Since he was separated from his son, however, ADES has failed to provide adequate services designed to reunify Respondent with his son. Respondent has repeatedly requested the Government to provide him the name and contact information for a doctor so that he may participate in and comply with any recommendations from a psychological evaluation since at least March of 2013, and the Government has failed or refused to comply; claiming that Respondent must provide a urinalysis before a doctor will be provided. Respondent, relying on the Fourth Amendment, refused to submit to drug testing unless and until the Government could demonstrate its request meets the Constitutional standard for suspicionless drug testing, or procured a warrant from this Court authorizing the search. Indeed, the failure to provide an evaluation is patently apparent as the Government even failed to produce a doctor for the Dependency Trial—which clearly evinces a failure on part of the Government to provide the services the Court has held necessary for Respondent and the minor child to reunify for over a year. Moreover, CPS made material misrepresentations to the Court and Respondent, stating that ADES currently had a doctor ready to provide an psychological evaluation. In a phone conversation with CPS, the Government informed Respondent that he was to report to La Frontera Center, 502 W 29th St, Tucson, AZ 85713; to have an evaluation performed by Dr. ---, (520) ---. However, upon contacting Dr. ---, Respondent was informed that the doctor is no longer performing psychological evaluations, has never discussed this case with the Government, and that the Government was in error for the referral. On March 27, 2014, Respondent received a phone call from CPS, stating that the Government set a psychological evaluation for May 5, 2014, from 9 a.m. to 4 p.m. The Government failed, however, to provide Respondent with the name or contact information of the doctor, stating that this information will be mailed to Respondent within “the next couple of weeks.” Additionally, the Government continues to retaliate against Respondent for the exercise of Constitutional rights, and has consistently required Respondent to choose between his Constitutional rights or parenting his son. For example, ADES has mandated that Respondent participate in supervised visits and parenting aid services with his son. However, ADES referred Respondent to Arizona Baptist Children’s Services (ABCS) for parenting aid and supervision services. ABCS is a religious organization and Respondent objects to being forced to participate in religious services or loose contact with his son. On the ABCS website, the following statement is provided to the public to describe their mission: Arizona Baptist Children’s Services & Family Ministries has a statement of faith that shows where we get direction and guidance, and how we make decisions. We are a faith-based ministry focused on spreading the Word of the God to everyone. Our services help those in need as described in our mission: providing hope and care to hurting children and families through Christ-centered ministries. • We believe in one God, Creator and Lord of the universe, eternally existent in three persons: Father, Son and the Holy Spirit. • We believe in the deity of our Lord Jesus Christ, in His virgin birth, in His sinless life, in His miracles, in His vicarious and atoning death through His shed blood, in His bodily resurrection, in His ascension to the right hand of the Father and His personal return in power and glory. • We believe that the Bible is God’s authoritative and inspired Word. It is without error in its entirety, including its teachings and creation, history, its own origins and salvation. Christians must submit to its divine authority in all matters of belief and conduct. • We believe that all people are lost sinners and cannot see the Kingdom of God except through the new birth. Justification is by grace through faith in Christ alone. • We believe in the present ministry of the Holy Spirit whose indwelling enables the Christian to live a Godly life. • We believe in the resurrection of both the saved and the lost; the saved unto the resurrection of eternal life, and the lost unto the resurrection of damnation and eternal punishment. • We believe in the spiritual unity of believers in our Lord Jesus Christ and, therefore all true believers are members of the body of Christ. • We believe that the ministry of evangelism is a responsibility of both the Church and each Christian. Respondent contends forced participation in religious services on threat of Government seizure of his son violates the Establishment Clause of the First Amendment; and has refused to partake in the violation of his Constitutional rights. ADES has so far failed to provide a secular alternative to the services it deems necessary which have been provided by ABCS. Furthermore, the Government has repeatedly failed to notify Respondent of the times and dates of CFT meetings and other meetings held by the Government concerning the care and custody of his son, and failed to keep Respondent informed of the type and extent of medical treatment provided to his son. Respondent has not participated in a CFT meeting since about June of last year, and is never notified of the time and location of these meetings.
Posted on: Thu, 27 Mar 2014 23:31:01 +0000
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