Friday, October 5, 2007

The Laws of New York SOS Article 6, Title 6, Section 424(8)

The Standards: The Laws of New York SOS Article 6, Title 6, Section 424 (8) require child protective service workers to "refer suspected cases of falsely reporting child abuse and maltreatment in violation of subdivision three of section 240.55 of the penal law to the appropriate law enforcement agency or district attorney."

The Truths: "School Officials" are not being referred to the appropriate law enforcement agency or district attorney for falsely reporting child abuse and maltreatment. As a result, "school officials" across the United States are using this strategy to intimidate and terrorize families who do not acquiesce to their mal-administrative actions.

Principal Fisher continued with efforts to compel Michael's attendance at school that violated the Laws of the State of New York. When Principal Fisher's efforts to deny Michael his coursework failed to compel Michael's attendance, Principal Fisher made a "bad faith" report to New York State Office of Children & Family Services on November 9, 2005 (the same day City of North Tonawanda School District was served my Complaint, on behalf of Michael, against them by the New York State Division of Human Rights).

Principal Fisher was very aware of the reasons that I had removed Michael from North Tonawanda High School on 12 October 2005, and the conditions for Michael's return to school; Principal Fisher and City of North Tonawanda Police Department simply had to do what they are required to do by law: a complete investigation into the written death threat against Michael; a death threat directed toward Michael's sexual orientation and gender expression that put him in fear for his life; a terroristic threat. Principal Fisher and City of North Tonawanda Police Department refused to commence a complete investigation, even though they had sufficient information to do so. Principal Fisher would, in fact, further obstruct justice by repeatedly denying holding knowledge of the death threat in Michael's NTHS Day planner.

(Principal Fisher was also very aware at the time that he made the report to New York State Office of Children & Family Services, that I complied with state and local laws in requesting coursework for Michael, and that I was repeatedly denied access to Michael's coursework by his directive to Michael's teachers to refuse my requests for coursework.)

Substantial evidence exists that Principal Fisher made the report to New York State Office of Children & Family Services and that Principal Fisher made the report in "bad faith".

Excerpt from correspondence dated January 05, 2005 (Case ID 21687639) from Niagara County Department of Social Services to Jim Fisher (Principal Fisher placed this correspondence in Michael's "education" record):

"Dear Jim Fisher:

This letter is in response to your request, pursuant to Section 422(4) of the Social Services Law, to the findings of the investigation concerning your report of suspected child abuse or maltreatment. You made such a report in your professional or official capacity as a person required to report child abuse or maltreatment.

Office of Children and Family Services show that the report has been deemed 'unfounded'...."

In other words, Principal Fisher could not provide "credible evidence" to substantiate a charge of "educational neglect" against me. Both the caseworker and caseworker's supervisor held sufficient evidence that the report filed by Principal Fisher was intentionally false, yet Niagara County Department of Social Services and/or New York State Office of Children & Family Services failed to have charges filed against Principal Fisher as required by The Laws of the State of New York SOS Article 6, Title 6, Section 424(8).

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