New York State Office of Children & Family Services Proceeds With Charge of Educational Neglect

The Standards: Laws of the State of New York Article 6, Title 6, Section 424(7), which states:

"Duties of the child protective service concerning reports of abuse or maltreatment. Each child protective service shall determine within sixty days, whether the report is "indicated" or "unfounded"."

Administrative Subpoena Duces Tecum to North Tonawanda City School District to produce "Educational records of Michael Mangus including but not limited to Home teaching record for the time frame: September 2005 to the present. Failure to comply with this Subpoena may be punishable as a contempt of Court and make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars.

The Truths: 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 this past 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 repeatedly asked leading questions of me, not objected to by Judge Greinert who also gave no indication that she would hold City of North Tonawanda School District in contempt for violating the Subpoena. Judge Greinert did indicate however that she will render her Decision in 2 weeks.