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This Letter is to:
To Whom It May Concern that can help us:
Hello my name is Shinai Myia Shorts. I am a Navajo Citizen of the Navajo Nation. My husband is Jamison Darnell Moore and we are writing to you concerning our children Jamyia Nizhoni Moore, 4 years old, born in Omaha, NE at Bergan Mercy Medical Center and Jamison Darnell Moore II, newborn infant on October 10th, 2012 at the Phoenix Indian Medical Center in Phoenix, AZ. We are currently in the process of trying to get custody of our son Jamison back from Child Protective Services in Tempe, AZ. He was taken from our custody 3 days after he was born, we couldn’t even take him home from the hospital, by CPS because the midwife at the hospital found out we had “Termination of Parental Rights” in Omaha, NE for our daughter Jamyia 2 years ago. I, Shinai, had voluntarily gave the midwife, Ruth Smith, information about our previous case, since this was not my first pregnancy or birth, in Omaha, NE because our daughter was misdiagnosed by the pediatrician when she was 2 months old causing her to have seizures, become lethargic, have an aneurism, and become so sick we had to take her to the emergency room. While we spent 4 days in the hospital with our daughter it took the doctors that entire time to diagnose her with alleged shaken baby syndrome which was not true, they had ruled out any other cause for her getting sick because she had retinal hemorrhages behind her eyes, which were caused from her having grand mal seizures, and her having pinpoint spots on her brain of aneurisms, which was from the extra cranial pressure she had on her head during birth that ruptured a blood vessel in her brain that started all these effects on her. She never had any physical signs of abuse or neglect and we took pictures of her in the hospital to show proof that we were just doing the right thing and trying to save our daughter from what was happening. The doctor’s in Omaha, NE were trying very hard to build a case of shaken baby syndrome against us when that was not what happened to our daughter. We were the most loving, caring, and protective parents over her while we had her; we took her to every doctor appointment, the emergency room once before that last time and called nurse hotlines for advice if we had any questions or concerns.
I am explaining some of the case that happened with our daughter for an important reason, not just to vent to you about our sad story. I am writing to you because we reached out to the Navajo Nation for help during the case in Omaha, NE and it lasted from October 2008-August 2010 when conclusively our parental rights were terminated solely on our time ran out because the judge can legally terminate our rights if we have an extended period away that made us lose bonding time and because she believed we allegedly did something to our daughter. If we did anything to harm our child or to make her believe in any way that we were abusive, neglectful, and dangerous people we would have gone to jail or been charged with shaken baby syndrome and tried in criminal court for the felony charges. All that happened was the Juvenile Judge Elizabeth Crkovich terminated our parental rights and gave us an determination stating she believed we were guilty of some things but innocent of other things and because we had already lost bonding time with our daughter and the time was up because the trial lasted for 2 years and the Judge can terminate the case after 14 months without anything more. We were not given a fair trial. We reached out for help to the Navajo Nation and weren’t represented or had any parties intervene in the trial to fight for our rights with the Indian Child Welfare Act or try to put efforts to take over the case when we tried to reach the social worker for help and advice. During the trial we were assigned social worker Elise Mix in which she made one trip to Omaha, NE and appeared in court to initiate an intervention to have the court proceedings be informed to the Navajo Nation and she also did a home study at my parents home to help seek placement with the grandparents because at the time that was what we wanted in the best interest of our daughter to prevent the breakup and lose of heritage of our Indian family. When Elise Mix returned back to Arizona, she would never return our phone calls when we left messages, our Attorneys, Guardian Ad Litem, or state Prosecutors or any of my family members who tried to contact her. We were never represented by the Department of Justice or any attorney with the Navajo Nation. We did not get the opportunity to be represented under my rights.
Now this comes back to why we are writing to you today. My husband contacted the Department of Social Services through the Navajo Nation and explained our story of what happened with our daughter and why the Child Protective Services are involved with our second child now. When the intake worker, Jacqueline Yazzie, proceeded in taking our case into the department we ended up with the same case worker 4 years later, Elise Mix, who did not help us at all with our daughter. She called me on October 15th, 2012 at 8:00am-9:00am and told me she was very sorry from what happened to our daughter’s case and that she was directed to stay out of the meetings with our case in Nebraska from her supervisor. We were completely shocked that Elise Mix was told to not say anything or do anything to help us by her supervisor, she was told to keep her mouth shut. I felt completely let down, like the Navajo Nation does not care about their people and not caring that when we needed help in the most crucial time nobody from the tribe was there for us. I feel my rights as a Navajo Citizen have been run over like I don’t have rights to get any kind of help or respect. I am ½ Navajo, my mother is 100% Navajo and my father is 100% black, I have a certificate of Indian Blood and so does my daughter and I am in the process of getting one for my son because they are ¼ Navajo. I might not be 100% Navajo blood but I do have the right to ask for help from the tribe and right now I need to seek justice. I need these people who refused to help me and my family to be exposed of how they failed to do their jobs and asking for help now to getting custody of our son. We can’t lose our second child when all we are trying to do is to raise our family and keep our culture alive and family together.
Phoebe Turner, a specialist with Child Protective Services, said since we had ”Termination of Parental Right” in another state with our first child, that she felt uncomfortable with us taking our newborn son home after being released from the hospital. She had no record or case information from the other state before making the decision for removing him from our custody. We felt like the “CPS” report was made under false accusations since we never neglected or abused our son. Every drug test and fetal alcohol test that the doctors conducted from mother and infant in the hospital through blood tests had come back negative, showing that we were both healthy. There were no signs to prove us unfit at the hospital when we provided everything he needed at the hospital and when we would go home and we are fully prepared and 100% competent and educated to take care of our son and give him a safe and healthy environment he deserves with both of his parents.
In the rights we researched it states “To prevent foster care placement, under “ICWA-Indian Child Well Fare Act” rights, from being made unless the courts determines that the child staying with their parent is likely to result in serious emotional or physical damage to the child. The Standard for this determination is ”clear and convincing evidence” and “ICWA” specifically states that this is to include “Expert Witness Testimony”. An Indian child or a tribe parent can petition the court to invalidate Any Placement decision or “Termination of Parental Rights” if it violates the standards set. Also another protection for status offenders under “ICWA” is that prior to foster care placement or “Termination of Parental Rights”, the agency must Satisfy the court that “active efforts” have been made to provide remedial services and rehabilitative programs designed to prevent the break-up of the Indian Family and that those efforts have proved “unsuccessful”. We also have prior knowledge that we researched from the first case with our daughter that the tribe requires a higher Burden of Proof before making a decision that could possibly place the child in imminent risk for abuse or neglect.
Arizona: False Reporting Rev. Stat.ss13-3620.01
A person acting with malice who Knowing and intentionally makes a false report of child abuse or neglect, is guilty of a “Class 1 Misdemeanor”
We called the Ombudsmen-Citizens Aide- 1-800-872-2879 or 602-277-7292(Phoenix) to file a complaint on the procedures and to impartially investigate “CPS” for how they proceeded in taking custody of our son. We researched our “Rights with ICWA” and we believe that “CPS” has violated the “Standard Federal” proceedings in how they did not try to locate or ask if we had family in the Arizona area to prevent Indian family from breaking up. Phoebe Turner did not have an “Expert Witness” to show clear and convincing evidence, no doctor/medical professional stating the baby has signs of neglect/abuse, she did not have law enforcement or court order warrant from a judge either. All she had was public records printed off from the internet that she is basing her information off of; she did not have any information or documents from any state agencies or any other communities that could prove anything of neglect. We feel the report was made under “false pretense” since the “Temporary Custody Notice” stated the reason of taking him was “Neglect” for “Prior severance in another state” but not Neglect due to any medically tested or physician stating our son had signs of abuse or neglect. The afterhours worker who showed up at the hospital on Saturday, October 13th, 2012 was Anna Lee for Phoebe Turner. Anna Lee left a non-service phone number to reach them with any questions/concerns and the supervisor’s is Amber Black, for Anna Lee and Megan Carey for Phoebe Turner. Anna Lee came to the hospital and took our son an could not answer any questions we had for her, she took him Saturday October 13th, 2012 at 11:23am and stated we could not have any contact with our son or foster family, when on Friday October 12th, 2012 Phoebe Turner stated we would be able to meet that family and that turned out to be untrue. When I confronted her about what she told me she blamed me for misunderstanding her.
We are currently in the process of going through the Preliminary Protective Court Hearing that the case worker has not given a date for yet. We would like the Tribe to Intervene as soon as possible. We have a relative that is willing to take temporary custody for our son so we feel more comfortable with him being in the hands of our Navajo family we trust. The family lives in Pine Hill, NM on the reservation and they are willing to take custody of our son as soon as possible and we feel like it would be in the best interest of our child to have him placed back in our custody since he is having problems adjusting to baby formula when he was being breast fed in the hospital. I breastfed my son because with my daughter she had a lot of problems digesting formula and we had to switch her to sensitive from regular, then to colic type that did not adjust well until we had to give her soy based formula that she was starting to do better on until the state took her. Jamyia, my daughter was born tongue tied and we had to take her to the doctor to have surgery done to help her feed better and for that reason I had to stop breastfeeding her since she could not latch on. Since we have a family history of being breastfed and my first child had problems with formula my plan and request was to have my son breastfed to avoid him from infections, sickness, and to give him the immunities that formula cannot provide. The foster mother wrote us a letter and it was given to us on Tuesday October 16th, 2012 from the caseworker and in the letter it states that our baby has already been put on similac sensitive because he was not adjusting well to the regular baby formula. We feel the caseworker has put our son in a situation that can be dangerous to his health since she could not even give us information if the foster mother or family in the home is updated on their immunizations or have any mental/physical disabilities that could possible harm our son. She said she had No comment on those questions we had because she did not know.
Please help us and feel free to call us at any time or leave a message at:
Shinai Shorts (mother): (402)714-9513, Jamison Moore (father): (402)813-6556
Delores Shorts (grandmother): (480)228-6501, Raymond Shorts (grandfather): (480)228-6945
Updated as of November 29, 2017 Jamison and Shinai Moore got they’re son back. It’s been 5 years now. Both parents are very loving and caring to they’re son raising him with love. Over protective of they’re son. Very healthy little boy and grandparents spoils him. We are so happy that the state of Arizona recognizes grandparents rights and we fought for our child and won the case.
Hi donnelly my name is jacqueline I need ur help .im tryin to get my kids back from c.p.s 8325829722
I had a child that got abused in home by my exwife.she had 10 cases pending on her from 2005.cps said they couldn’t take my daughter out because of the lack if Resorce at that time.in 2007cps made the desision to take her out the house.in 2007 in court hiring they said they were unknown to find me and I was still paying child support from 2002 to 2008 and cps lack to find me.courts took my writes away and gave my daughter to cyfd in 2007.I didn’t have the right to fight for her.can anyone help me to fight this corruption in Albuquerque, new mexico.
I THINK I KNOW A CHILD THAT HAS BEEN SEXUAL ABUSED BY A ROOM MATE AND THE PARENTS ARE AFRAID TO CALL CPS FOR FEAR OF THEM TAKEN AWAY THE CHILD BUT THEY DON’T KNOW WHERE TO TURN OR EVEN FINDING SOME ONE TO TALK TO AND AS THE CLOCK KEEPS TICKING THIS CHILD NEEDS HELP AS DO THE PARENTS. I WOULD LOVE TO PUT THE ABUSER AWAY FOR THE REST OF HIS LIFE BUT THAT CAN BE PUT ASIDE TO CONCENTRATE ON HELP FOR THIS CHILD. HE HAS TROUBLE SPEAKING SO IT IS VERY DIFFICULT TO UNDERSTAND WHAT HE IS SAYING SO I REALLY NEED ADVISE ON WHO I CAN REFER THESE PARENTS TO SO THAT THEY WILL NOT BE AFRAID TO TELL THERE STORY TO AND FINALLY GET THE HELP THAT THEY NEED. I MY SELF WAS ABUSED AND TO BE HONEST BACK THEN YOU WERE NOT TO SPEAK OF THAT AND NOW I’M IN MY 50’S AND IT HAS COMPLETELY RUINED MY LIFE, BECAUSE I HAD NO ONE TO TELL MY STORY TO SO PLEASE I AM BEGGING FOR HELP DON’T LET THIS RUIN ANOTHER CHILDS LIFE!! P[LEASE PLEASE SOME ONE HELP ME…….AFRAID & LOST;;;THERE EMPTY CRIES
even those of us who are not parents are targeted by this stupidity, i am not the father biologically, legally, or at all, do not even know the woman in question, but you know the government, i have a fairly common name, that was used by a woman who had her kid taken from her, out of the possible hundreds of men who share the same name as mine that live within the state i am the one that got served, i did not even live in this state when her conception took place, i am all but committing criminal acts to get these self righteous idiots to listen to me, a paternity test has been ordered, apparently DCS does not have to comply with a court order, until they decide to, thank god i live in america any other country would deny my rights.
Hi I’m a grandmother who watched as my grandchildren were taken by cps and local law enforcement a day before thanksgiving at 4am AT 3 AM officers arrived at 3am with cps first off my daughter and granddaughter were transported in patrol car no car seat with a cps van following equipped with car seats the exact thing they said why they were here at my place of residence where I had two of my daughters children already
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