Sunday, January 30, 2011

Michigan GAL-Attorney Appointment

The appointment of GAL-Attorney's are vague and it allows the violation of the due process and equal protection clauses provided in the Fourteenth Amendment to the United States Constitution by (a) failing to give parties the opportunity to examine a proposed GAL-Attorney prior to appointment, (b) allowing the judiciary to abrogate their judicial responsibilities by both delegating the determination of parental rights to uncredentialed individuals without the requisite knowledge to perform that task, (c) allowing, without any safeguards, otherwise unreliable hearsay into the record under the guise of being a GAL-Attorney's reports, (d) allowing GAL-Attorney's to answer hypotheticals and to indulge in speculative testimony,
(e) allowing the admission of a GAL-Attorney's reports into evidence prior to the parties having an opportunity to cross-examine the GAL-Attorney and rebut the reports and any other materials adverse to the party, (f) not safeguarding the fundamental constitutional due-process rights of the subject class of persons affected by the statute,5 and (g) not affording Ms Bruns the same protection of the laws as other parties to lawsuits in other contexts have, to wit, the right to present evidence, to cross-examine those presenting evidence against them,6 to rebut materials adverse to her,7
the right to have a
qualified person or persons as fact-finder(s).

On December 14, 2001, without a hearing and without any written findings of fact or conclusions of law, Judge Carpenter issued an order allowing removal of the children.

Ms Bruns had no access either to those who were the source of the GAL-Attorney's hearsay or to the GAL-Attorney or her file.

Such failures in the statute have led to conduct that violates substantive due process. "'"[S]ubstantive due process" prevents the government from engaging in conduct that "shocks the conscience," Rochin v. California, 342 U.S. 165, 172 (19
A statute which violates the equal protection or substantive due process of the affected class is unconstitutional.
Here, the penalty is extreme. The parent whom the GAL-Attorney finds against is deprived of her rights to be the custodial parent or to visit with her children. Cf. Lee, supra at 532.
That level of interference would justify application of strict scrutiny in determining the statute's constitutionality. I'd

And the means chosen bears no rational relationship to the objective because (a) the court failed to give Ms Bruns the opportunity to examine a proposed GAL-Attorney prior to appointment,8, (b) the Court failed to set out the credentials and knowledge required of the GAL-Attorney appointed, (c) the court failed to set out the standard to which the GAL-Attorney's must work,(d) the court failed to set out whether a GAL-Attorney Mary Benedict was to be deemed by a judge as an expert or a lay witness, (e) the court failed to state whether the so-called investigative report is to be admitted as evidence without an evidentiary hearing, or whether there are mandatory safeguards to protect the parties who were allegedly investigated.

In theory, neither party is prejudiced. In practice, the appointed GAL-Attorney is recommended by one party and the second party is prejudiced because he/she (a) does not know the potential GAL-Attorney, (b) has not seen the credentials or curriculum vitae of the potential GAL-Attorney, (c) has not had the benefit of conducting a voir dire of the potential GAL-Attorney, and (d) if even of average means, cannot afford to pay the literally thousands of dollars to properly depose the court-appointed GAL. (In Bruns case, the GAL-Attorney sought expert fees, though she was anything but an expert. She ultimately concealed evidence.

The judicial branch has held that the statute, a GAL-Attorney need not "possess special credentials or knowledge concerning in social work, psychology, or psychiatry

The appointment of GAL-Attorney's who need no credentials relevant to the task they are appointed to perform, who do not work to any standards, and who are given quasijudicial immunity is not only violative of the clearly established and secure rights of each and every party to any action in which such a GAL-Attorney is appointed, which guarantees accountability of the three branches of government to the people.

Given that the above-cited failures led to inconsistent results and "serious due process concerns for the people involved in a case [which] jeopardize the soundness of the eventual custody decision.
Town of Holbrook v. Town of Randolph, 374 Mass. 437, 441 (1978)

Michigan does not ensure that GALs are properly trained to make critical decisions, (b) no standards exist for how GALs should conduct their investigations or report their findings to the court, (c) [t]he GAL system in Michigan does not effectively incorporate the standards of the Presumption of Custody Law, (d) [t]here is no widely understood process regarding how to file a complaint concerning a Guardian ad litem,
(e) [t]he criteria to become a GAL in the Probate and Family Court are minimal, such as having sufficient malpractice insurance and being in good standing with the GAL-Attorney's licensing board for their underlying profession, (f) there is no structure in place to ensure that GALs entering the system from various professional backgrounds receive training in areas with which they are not familiar, but will encounter in their capacity as a GAL.

"there are no guidelines describing who a GAL should interview or what questions the GAL should ask in order to make an accurate assessment of the custody situation, (h)
[t]his lack of standards can create problems with the fairness and accuracy of a GAL's assessment, (i) [t]he lack of standards for the reports can create serious due process concerns for the people involved in a case and jeopardize the soundness of the eventual custody decision, (j) without a consistent standard for what a report should include, it is difficult to evaluate the quality of a GAL's work, (k) "the court does not maintain adequate data documenting the total number of cases involving GALs or complaints about GALs, (l)
[w]ithout such documentation, there is no way to adequately evaluate the quality of a GAL's work or the effectiveness of the GAL system.
Judge Carpenter unlawfully and knowingly acted contrary to the requirements of mandatory statutes,
]. Her unlawful acts were forbidden by the State and were thus expressly committed in the absence of jurisdiction. Where Judge Carpenter was "not doing the business which the sovereign has empowered [her] to do or [she was] doing it in a way which the sovereign has forbidden, [her] actions [were] ultra vires [her] authority and therefore may be made the object of specific relief. . . . and in such cases the relief can be granted, without impleading the sovereign, only because of the officer's lack of delegated power.

The custody of the only minor child Alida is material to the claims of this suit. The damage to the children has already been caused by Judge Carpenter's intentional violation of the existing laws cited.

The primary issue are created by Section 1983 in favor of persons who are deprived of rights secured by Federal law.

Friday, January 28, 2011

Curse God and face untimely death

Subject: FW: Untimely Death (interesting)] 
 
___________________________________
 
D ID YOU KNOW 
THESE FACTS?  
I SURE DIDN'T TILL NOW
Death is certain but the Bible
speaks about untimely death!
Make a 
personal reflection about this...  
  
 
Very interesting,
read until the end...  
 
It is written in the Bible
(Galatians 6:7):
 
 
 
'Be not deceived;
God is not mocked:
 
for whatsoever
a man sow,
 
that shall 
he also reap.'
  
  
 
Here are some 
men and women
 
who  mocked 
God :
 
 
John Lennon 
(Singer):
 
 
Some years before, during his interview
with an American magazine, he said:
 
 
'Christianity 
will end, it will disappear.
 
I do not have to
argue about    that....
 
 
 
 
 
 
 
 
 
I am certain.
  
  
Jesus 
was ok,
but his subjects
were too simple,
today we are more 
famous than Him' (1966). 
  
  
Lennon, after saying that the Beatles were more famous than Jesus Christ, was shot six times.  
  
  
  
Tancredo Neves  (President of Brazil ):  
  
During the Presidential campaign,
he said if he got 500,000 votes from his party,
not even God would remove him from 
Presidency..  
  
  
Sure, he got the votes, but he got sick a day
before being made President, then he died.  
  
  
Cazuza 
(Bi-sexual Brazilian 
composer, singer and poet):  
  
During a show in Canecio ( Rio de Janeiro ),  
  
 
while 
smoking his cigarette,
he puffed out some smoke into the air 
and said: 'God, that's for you.'  
  
  
He died at the age of 32
of LUNG CANCER in a horrible manner.  
  
  
The man who 
built the Titanic:  
  
  
After 
the construction of Titanic,
a reporter asked him how safe the 
Titanic would be  
  
  
With 
an ironic tone he said:  
  
'Not even God
can sink it.'  
  
  
The result:
I think you all know what 
happened to the Titanic  
  
  
  
Marilyn Monroe 
(Actress)  
  
  
She was visited by Billy Graham
during a presentation of a show.  
  
He said the Spirit of God
had sent him to preach to her.  
  
After hearing what the
Preacher had to say, she said:  
  
'I don't need your Jesus'.  
  
  
A week later, 
she was found dead in her apartment.  
  
  
Bon Scott 
(Singer)  
  
The ex-vocalist of the AC/DC..
On one of his 1979 songs, he sang:  
  
'Don't stop me;
I'm going down all the way,
down the highway to hell'..  
  
  
On the 19th of February 1980,
Bon Scott was found dead..
He had been choked 
by his own vomit.  
  
  
Campinas  (IN 2005)  
  
In Campinas , Brazil a group of friends,
drunk, went to pick up a friend.
  
The mother accompanied her to the car
and was so worried about
the drunkenness of her friends
 and she said to the daughter, 
holding her hand,
who was already seated in the car:  
  
  
'My daughter,
go with God and may He protect you.'  
  
She responded:
'Only if He (God) travels in the trunk,
'cause inside here....it's already full.'  
  
  
Hours later, news came that
they had been involved in a fatal accident. 
Everyone had died.  
  
the car could not be recognized
as to what type of car it had been,
but, surprisingly, the trunk was intact.  
  
  
The police said there was
no way the trunk
could have remained intact.
To their surprise,
inside the trunk was a crate of eggs
None was broken.
  
  
Christine Hewitt
(Jamaican Journalist and entertainer) 
said the 
Bible (Word of God)
was the worst book ever written.  
  
  
In June 2006 
she was found burnt
beyond recognition
in her motor vehicle...  
  
Many more important people
have forgotten that there is
no other name that was given
so much authority as the name of Jesus.  
  
  
Many have died,
but only Jesus died and rose again,
and he is still alive.  
  
  
'Jesus'

Curse God and face untimely death

Subject: FW: Untimely Death (interesting)] 
 
___________________________________
 
D ID YOU KNOW 
THESE FACTS?  
I SURE DIDN'T TILL NOW
Death is certain but the Bible
speaks about untimely death!
Make a 
personal reflection about this...  
  
 
Very interesting,
read until the end...  
 
It is written in the Bible
(Galatians 6:7):
 
 
 
'Be not deceived;
God is not mocked:
 
for whatsoever
a man sow,
 
that shall 
he also reap.'
  
  
 
Here are some 
men and women
 
who  mocked 
God :
 
 
John Lennon 
(Singer):
 
 
Some years before, during his interview
with an American magazine, he said:
 
 
'Christianity 
will end, it will disappear.
 
I do not have to
argue about    that....
 
 
 
 
 
 
 
 
 
I am certain.
  
  
Jesus 
was ok,
but his subjects
were too simple,
today we are more 
famous than Him' (1966). 
  
  
Lennon, after saying that the Beatles were more famous than Jesus Christ, was shot six times.  
  
  
  
Tancredo Neves  (President of Brazil ):  
  
During the Presidential campaign,
he said if he got 500,000 votes from his party,
not even God would remove him from 
Presidency..  
  
  
Sure, he got the votes, but he got sick a day
before being made President, then he died.  
  
  
Cazuza 
(Bi-sexual Brazilian 
composer, singer and poet):  
  
During a show in Canecio ( Rio de Janeiro ),  
  
 
while 
smoking his cigarette,
he puffed out some smoke into the air 
and said: 'God, that's for you.'  
  
  
He died at the age of 32
of LUNG CANCER in a horrible manner.  
  
  
The man who 
built the Titanic:  
  
  
After 
the construction of Titanic,
a reporter asked him how safe the 
Titanic would be  
  
  
With 
an ironic tone he said:  
  
'Not even God
can sink it.'  
  
  
The result:
I think you all know what 
happened to the Titanic  
  
  
  
Marilyn Monroe 
(Actress)  
  
  
She was visited by Billy Graham
during a presentation of a show.  
  
He said the Spirit of God
had sent him to preach to her.  
  
After hearing what the
Preacher had to say, she said:  
  
'I don't need your Jesus'.  
  
  
A week later, 
she was found dead in her apartment.  
  
  
Bon Scott 
(Singer)  
  
The ex-vocalist of the AC/DC..
On one of his 1979 songs, he sang:  
  
'Don't stop me;
I'm going down all the way,
down the highway to hell'..  
  
  
On the 19th of February 1980,
Bon Scott was found dead..
He had been choked 
by his own vomit.  
  
  
Campinas  (IN 2005)  
  
In Campinas , Brazil a group of friends,
drunk, went to pick up a friend.
  
The mother accompanied her to the car
and was so worried about
the drunkenness of her friends
 and she said to the daughter, 
holding her hand,
who was already seated in the car:  
  
  
'My daughter,
go with God and may He protect you.'  
  
She responded:
'Only if He (God) travels in the trunk,
'cause inside here....it's already full.'  
  
  
Hours later, news came that
they had been involved in a fatal accident. 
Everyone had died.  
  
the car could not be recognized
as to what type of car it had been,
but, surprisingly, the trunk was intact.  
  
  
The police said there was
no way the trunk
could have remained intact.
To their surprise,
inside the trunk was a crate of eggs
None was broken.
  
  
Christine Hewitt
(Jamaican Journalist and entertainer) 
said the 
Bible (Word of God)
was the worst book ever written.  
  
  
In June 2006 
she was found burnt
beyond recognition
in her motor vehicle...  
  
Many more important people
have forgotten that there is
no other name that was given
so much authority as the name of Jesus.  
  
  
Many have died,
but only Jesus died and rose again,
and he is still alive.  
  
  
'Jesus'

Sunday, January 23, 2011

CPS violates their mandates pursuant to MCL 722.638, failure to protect

MCL722.638. Requires CPS/ DHS to file a petition when DHS determines a preponderance of evidence of child abuse or neglect of a child or sibling of a child that includes one or more of the following:
Abandonment of a young child.

Battering torture or other severe physical abuse.
Michigan Child Protection Law also requires DHS to request termination of parental rights if the parent is responsible for any abuse or neglect listed above (under MCL 722.638) or if the parent failed to protect the child from someone else who abuses them in ways listed above (under MCL 722.638)

Pursuant to this request kent county department of CPS/DHS Supervisor Robert Farr, Amy Middlestat, Investigators: Nyela Bolden, Jacklyn Lee FOC Julie Haveman, Denise Kimbrel, Cara Lemon being fully aware the father was substantiated of child abuse to son Oliver 1/19/01 and son Josiah 12/8/06.
On 11/9/04 17th circuit court Judge Carpenter found the father abandoned his parental role.


Kent County CPS and FOC being fully advised have wantonly disregarded the clear and convincing evidence have failed to perform their duties pursuant to and executed their duties according to MCL 722.638.

As the non custodial parent who has abused none of her children.

Request CPSGDHS execute a petition pursuant to MCL 722.638.

Nyela Bolden testified 8/8/08 to the facts stated above were slander and liable to secure federal funds for CPS/DHS.

Failure to petition for termination of Fathers parental rights pursuant to MCL 722.638 would clearly establish a tort claim failure to protect the minor child from further abuse.

Sincerely.
D Bruns
3442 Buchanan
Grand Rapids, MI 49548

CPS violates their mandates pursuant to MCL 722.638, failure to protect

MCL722.638. Requires CPS/ DHS to file a petition when DHS determines a preponderance of evidence of child abuse or neglect of a child or sibling of a child that includes one or more of the following:
Abandonment of a young child.

Battering torture or other severe physical abuse.
Michigan Child Protection Law also requires DHS to request termination of parental rights if the parent is responsible for any abuse or neglect listed above (under MCL 722.638) or if the parent failed to protect the child from someone else who abuses them in ways listed above (under MCL 722.638)

Pursuant to this request kent county department of CPS/DHS Supervisor Robert Farr, Amy Middlestat, Investigators: Nyela Bolden, Jacklyn Lee FOC Julie Haveman, Denise Kimbrel, Cara Lemon being fully aware the father was substantiated of child abuse to son Oliver 1/19/01 and son Josiah 12/8/06.
On 11/9/04 17th circuit court Judge Carpenter found the father abandoned his parental role.


Kent County CPS and FOC being fully advised have wantonly disregarded the clear and convincing evidence have failed to perform their duties pursuant to and executed their duties according to MCL 722.638.

As the non custodial parent who has abused none of her children.

Request CPSGDHS execute a petition pursuant to MCL 722.638.

Nyela Bolden testified 8/8/08 to the facts stated above were slander and liable to secure federal funds for CPS/DHS.

Failure to petition for termination of Fathers parental rights pursuant to MCL 722.638 would clearly establish a tort claim failure to protect the minor child from further abuse.

Sincerely.
D Bruns
3442 Buchanan
Grand Rapids, MI 49548

Friday, January 7, 2011

APA subject ALJ Rwview no time restraints

There is no time limit to specific procedures requesting a contested case review of placement on CPS Central Registry in light of newly acquired evidence within the administrative law procedure act.
A citizens Ms Bruns name was placed on Michigan Central Registry prior to due process Jamison v Dept of social services
The Kent County Child Protective Services Investigator Nyela Bolden testified her original report was erred and abuse allegations could not be substantiated. The home situation revealed no evidence of abuse; the children themselves denied any mistreatment.

July 28, 2009 the son submitted his affidavit "I would like to put on the record that my mother never abused me or any of my siblings. The CPS worker exaggerated and pushed the situation far beyond a point of reason."

CPS Nyela Bolden and Supervisor Robert Farr's only source was the father whom CPS Substantiated father child abuse on 1/19/01 and sibling 12/2006, abandonment 11/9/2004.

Petitioner was denied 6th amendment to the Constitution right to confront her accusers.

CPS Nyela Bolden's Forensic interview of child violated Public Act 168 of 1997 Amended the CPL: Prohibits from interviewing a child in the presence of a perpetrator.

CPS Nyela Bolden testified and verified on September 8, 2008 the father abused child on 1/19/01 and sibling 12/2006.  Judge Nanaruth Carpenter found the father abandoned his parental role on  11/9/2009.

Statements made by the minor child to CPS Nyela Bolden were in violation of process, procedures, and protocol which "contaminated" the child witness"

Pursuant: CAPTA requires all children be given legal counsel. The minor children were denied legal counsel which violated their 14th amendment to the constitution concerning due process and public policy a right to counsel. MCL 722.630, MCL 712 A.17c(7), MCR 3.915(B)(2).

The ALJ Jones December 11, 2008 decision merely generalized, unsubstantiated claims speculative statements of belief and inadmissible hearsay.

CPS Bolden and Robert Farr were on a witch hunt there failure to follow proper procedure and protocol pursuant to APA Ms Bruns is therefore entitled to a full APA contested case jury trial.

Kent County Child Protective Services has harassed this family with 26 investigations since 1994, 16 screened out, 10 investigated non substantiated.

There is no relevant or accurate evidence of abuse found, no genuine issues of material facts.

The facts clearly present slander, liable excluded evidence and violations of due process, public policy's. violations of the children's right to legal counsel 14th amendment to the constitution concerning due process and public policy a right to counsel. MCL 722.630, MCL 712 A.17c(7), MCR 3.915(B)(2).
Following the proper procedure, protocol, and public policy would have changed the outcome of this case.  

Monday, January 3, 2011

Kent County Friend of thr Court Supervisor. MSW Julie Havema

Ms. Julie Haveman,

You may have been dismissed from this case. As an employee and supervisor of Kent County FOC there is no immunity.


Julie Haveman's actions have aided and abetted Kim Bruns Substantiated for child abuse 1/19/06, 12/06 and abandonedment 11/2004 a known child abuser. See Bruns V Bruns #00-O02680-DM 8/8/08 transcript.
Julie Haveman a MSW and supervisor of FOC actions on this case are abusive, all documented and violate the civil and constitutional rights, 1st, 6th, 14th amendment. of Alida, Oliver ,josiah

Julie Haveman has engaged in a pattern and practice of fraud, perjury, slander, libel and child abuse
It would be highly recommended to seek independent evaluators.
Our children are being abused by Nanaruth Carpenter, Julie Haveman. Denise Kimbrel, Adam Komar. Kara Lemmon, Mary Benedict, Richard Roane,Joan Irons, James Kraaveld, Mikhail Albuseiri. Just to name a few unethical attorneys, judges and Michigan Social Workers .