1/07/2016
West Virginia Department Of Health And Human Resources
Bureau For Children And Families
Child Protective Services (Supervisor, Tiffany Miller)
235 Barrett St.
Grafton, WV. 26354
1/07/2016
West Virginia Department Of Health And Human Resources
Bureau For Children And Families
Child Protective Services (Supervisor, Tiffany Miller)
235 Barrett St.
Grafton, WV. 26354
Re: Investigation into CPS Report on Andrea’s Child Jocelyn Jackson
Dear Terri Cox,
I am writing today in regards to your contradicting statements via written and telephone correspondence with you.
I am thankful that you are trying to assist me in completing things you believe the court might require of me. I appreciate your concern. However, I wish to follow the legal channels set in place for matters such as these. I know the court will base requirements imposed on me on specific findings of abuse or neglect. I prefer to wait my day in court to defend these allegations made against me rather than acting as a guilty person by complying with demands put on child abusers now. I’m confident the evidence will support my innocence and the court will be able to see through the allegations and not impose conditions on me intended for child abusers.
Please consider this letter as a request for information to which I am entitled and is available on the above-described case, including ALL information available to the Division, whether or not it automatically printed out on the "Intake snapshot," and specifically all exculpatory information available that would be required to be produced in any criminal proceeding in this matter, from whatever source available.
The detailed and specific nature of the supposed allegations made against me, giving me the clearest understanding of these allegations as possible. The legal basis for your involvement into these allegations, and it is my right to the above information according to the Health and Human Services Rules and Regulations website under abuse and neglect allegations.
While I understand that you have statutory duties required by law concerning investigation into the matter, please be advised that your statutory duty imposes no legal obligations on me, in particular the obligation to waive any constitutional rights.
I would also like to address a few issues concerning your correspondence with me. I received my first letter from you on December 15th, 2015 dated December 10th. Your initial investigation for this matter was started October, 30th 2015. These “Safety Services” began Dec. 22nd. If this issue was so serious and you had real concern for the safety of my child, why did it take 2 months to get your services. I’m genuinely concerned as to why my request for assistance obtaining the name of my children's counselor in Hampshire County has continued to be ignored. This request was made upon initial contact with you at the hospital. I have further addressed the issue with Home Base Inc. and verified another request was sent by email stating need for intervention.
I am, for the record, refusing to consent to any further contact with you to include, interviews of or search of physical examination of my children, my home, or myself and I am refusing to waive any rights pertaining to myself or my children. If you ignore my exercise of these rights and attempt to procure a waiver, I wish to confer with my attorney prior to any conversation with law enforcement and/or child protection agency on the subject of waiver. Any action taken in violation of these instructions is prima facie evidence of bad faith and of an overt and willful violation of my rights without my consent, and servers the responsible party/parties from any immunity protections provided for under the law based on presumption of acts committed in good faith. These instructions remain in effect until rescinded in writing by me.
Sincerely,
Andrea D. Lopez
alias: Jackson (maiden name)
Ps. If you are unaware let me bring to your attention that you are in violation of Federal Law. Let it be known all correspondence with you has been carefully recorded for any further action that may need to be taken.
The Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children,including medical treatment decisions.
Under The Constitution of the United States of America all Americans have the right to be free from threats, duress, coercion, or intimidation in their dealings with the State.
Dear Terri Cox,
I am writing today in regards to your contradicting statements via written and telephone correspondence with you.
I am thankful that you are trying to assist me in completing things you believe the court might require of me. I appreciate your concern. However, I wish to follow the legal channels set in place for matters such as these. I know the court will base requirements imposed on me on specific findings of abuse or neglect. I prefer to wait my day in court to defend these allegations made against me rather than acting as a guilty person by complying with demands put on child abusers now. I’m confident the evidence will support my innocence and the court will be able to see through the allegations and not impose conditions on me intended for child abusers.
Please consider this letter as a request for information to which I am entitled and is available on the above-described case, including ALL information available to the Division, whether or not it automatically printed out on the "Intake snapshot," and specifically all exculpatory information available that would be required to be produced in any criminal proceeding in this matter, from whatever source available.
The detailed and specific nature of the supposed allegations made against me, giving me the clearest understanding of these allegations as possible. The legal basis for your involvement into these allegations, and it is my right to the above information according to the Health and Human Services Rules and Regulations website under abuse and neglect allegations.
While I understand that you have statutory duties required by law concerning investigation into the matter, please be advised that your statutory duty imposes no legal obligations on me, in particular the obligation to waive any constitutional rights.
I would also like to address a few issues concerning your correspondence with me. I received my first letter from you on December 15th, 2015 dated December 10th. Your initial investigation for this matter was started October, 30th 2015. These “Safety Services” began Dec. 22nd. If this issue was so serious and you had real concern for the safety of my child, why did it take 2 months to get your services. I’m genuinely concerned as to why my request for assistance obtaining the name of my children's counselor in Hampshire County has continued to be ignored. This request was made upon initial contact with you at the hospital. I have further addressed the issue with Home Base Inc. and verified another request was sent by email stating need for intervention.
I am, for the record, refusing to consent to any further contact with you to include, interviews of or search of physical examination of my children, my home, or myself and I am refusing to waive any rights pertaining to myself or my children. If you ignore my exercise of these rights and attempt to procure a waiver, I wish to confer with my attorney prior to any conversation with law enforcement and/or child protection agency on the subject of waiver. Any action taken in violation of these instructions is prima facie evidence of bad faith and of an overt and willful violation of my rights without my consent, and servers the responsible party/parties from any immunity protections provided for under the law based on presumption of acts committed in good faith. These instructions remain in effect until rescinded in writing by me.
Sincerely,
Andrea D. Lopez
alias: Jackson (maiden name)
Ps. If you are unaware let me bring to your attention that you are in violation of Federal Law. Let it be known all correspondence with you has been carefully recorded for any further action that may need to be taken.
The Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children,including medical treatment decisions.
Under The Constitution of the United States of America all Americans have the right to be free from threats, duress, coercion, or intimidation in their dealings with the State.
