Violations of Constitutional, civil, and disability rights

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After my disabled son's (totally absent for 15 years, and sporadic contact for 5 years) father made a motion for added guardianship with me. Judge ordered evaluations. DSS worker came, was curt with me, made no eye contact with me, only looked at John. Worker asked about John's education. I responded that we homeschooled. Worker expressed disconcertion, asking if he was social and able to socialize and work in the community, and what about my other children; are they social? I responded that my children scored in the 100 percentile on their yearly tests, and that we thought John might be an engineer, but succumbed to Schizophrenia before he could go to college. Worker raised her voice and asked if John has ever had services other than "mommy." I replied that I was never John's worker. I tried to keep the meeting light despite the workers apparent anger. I joked that that would be great if a caregiver could be paid for their services. Worker replied, "that would be horrible; I believe that no one should be stuck in homes with parents and there are group homes in which people blossom." Worker asked John if he would like to get out of mommy's house and go to a place that would allow him freedom. John replied haltingly that he does not know. I asked the worker if she was here to perform the assessment as ordered by the court, and what is her last name. Worker ignored my question. Worker asked about activities. I listed activities and socialization; movies, shopping, church, open mics. I described John's talent, passion for music, and recording studio for which I am supplying instruments and equipment according to his desires—his dream and quest to record his music. Worker turned to me, raised her voice, and said "again, you are keeping him trapped here, and not allowing him to socialize with adults his age." I asked John what he did yesterday. John said a friend picked him up to go to the lake, and that I drove him to an open mic. Worker yelled, "you took him, mommy took him." I replied that if I did not drive him, he would not have had the ability to go. I asked if she has experience with people with Schizophrenia, their social deficits, and few friends who remain in their lives. This and another social worker proceeded to undermine and frame me with the judge. The judge ignored two doctor's evals stating that John was better off at home, and could decline in a restricted environment, and allowed DSS unqualified interpretation of the evals. DSS told the court that I would not allow them to speak with my son, get his belongings, would not keep appointments with them. I did allow them to speak with my son, my son told them that he wants to go home and would not take his belongings (video), they did not show for appointments. I have recorded evidence of their false statements. John was taken to a group home and finally told that it was an independent living facility. He calls me upset that he believed them when they said that he could live independently. I went to see him, and DSS moved him a locked down group home because he insisted on seeing me without their permission. Judge said that she does not know what that is about, but DSS is guardian and can make those decisions. My testimony was shut down as I tried to present my case of consistent and effective care for my son, Doctors evals and DSS not quaified to interpret them, and their undermining, framing, and false reports and statements. My son was taken off the meds that worked for him, he has lost insight into his illness, he struggles with who to trust, still does not have his belongings after I brought everything to DSS 4 months ago by court order and threat to be jailed, cannot leave even for walks, calls me to come get him, to bring him clothes and blankets. DSS says that I can have supervised visits, but they are too busy for that right now. My son is suffering a loss of his civil, constitutional, and disability rights to freedom and a least restrictive environment.
 
There are many variable that factor in to this sort of thing, and you might not have all the information that is being considered.
If your goal is to get your son out of the group home and have you as legal guardian it is well past time for you to obtain legal counsel. This is not a do-it yourself project.

You might be interested in the news article and resources on this page.
Disability Rights North Carolina | Champions for Equality and Justice

I called this organization for help. I was told on the phone that only my son can submit a complaint to them. When I told them that my son's rights have been taken away, and I cannot make contact with him other than his daily calls to me, on which he is disoriented, they repeated that only he can complain. I have made complaints with APS, the Division of Aging and Adults, representatives of the county and state, lawyers. My county protects its own, and the state claims no jurisdiction.
 
You certainly must be allowed to visit your son.
You could write a letter on his behalf, explain it to him, and when you see him ask him to sign it and mail it for him.

Other than this, you really should be working with an attorney at this point. Rather, you should hire an attorney to represent your son.
 
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