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‘Sets#: 7108385167 JC No. 2017-000-500 IC No. 2017-000-499 JUDGE ANTHONY CAPIZZI MAGISTRATE KATHLEEN LENSKI 380 West Second Dayton, Ohio 45422 MOTION TO DISMISS DUE TO LACK OF JURISDICTION Comes now Petitioner Shannon Gaver (Mother) based upon the attached Declaration, moves the court for a Judgment dismissing the above-captioned cases. DATED this day ofDecember_/_, 2017 Mitr ‘On January 20, 2017 Caseworker SHERREE SPENCE employee for MONTGOMERY COUNTY (CHILDREN SERVICES knocked on my door at 9:30am. I answered the door and SHERREE SPENCE along with my sister Paige Shockey took it upon themselves to come in my home uninvited. SHERREE SPENCE stated that she needed to speak with me and I needed to let my children Haley Schwarck and Wyatt Schwarck leave with my sister Paige Shockey. I stated that my children were not Jeaving. [asked SHERREE SPENCE what this was about and pointed out that she was interrupting my children’s breakfast. SHERREE SPENCE stated that because my son Nathan Schwarck had broken house arrest and was charged with domestic vielence on December 26, 2016 I needed to cooperate with what she was saying or she would get a court order to remove my children and they would be in foster eare not with family, Sherree Spence stated that “Paige was only taking my children outside while she talked with me”, My children were frightened and still in their pajamas as | watched them leave with Paige Shockey. SHERREE SPENCE stated that I needed to agree to a safety plan in order to prevent the courts being involved and my children being placed in foster care. SHERREE SPENCE said the agency received a call on December 29, 2016 with allegations against me for Educational Neglect and allowing domestic violence to oceur in front of my children, I told SHERREE SPENCE that the allegations of Educational Neglect were resolved and my children had been in school for over a month. [ also stated that Wyatt's. absence was due to his special needs. I stated that domestic violence did not happen in front of my children it happened by my child Nathan Schwarck and I never allowed it. I reported my son missing to the police and notified the juvenile drug court program. I told het [ also went out on multiple occasions ooking for Nathan and putting up missing posters As I was attempting to “Google” if this situation was legal SHERREE SPENCE stated | was running ‘out of time. I told her that I did not want my children to be with Paige Shockey because she wasn't a safe person for them to stay with. SHERREE SPENCE said “Paige is the only family member who checked out” SHERREE told me again that | was running out of time, She stated that she was trying to make this situation easier on my children that once she had a court ordered she would return with the police and she didn't want 10 have to do that. Lexplained to SHERREE that I did not understand the reason to remove my children. SHERREE said Nathan's behavior and my children’s absence was reason. | told her since March 2016 I’ve went above ‘and beyond and have been extremely involved with MONTGOMERY COUNTY JUVENILE COURTS to correct Nathan's behavior. I've been involved with South Community for Wyatt's autism for over 2 years. Two of Nathan's probation officers, Wyatt's special needs caseworker, and Wyatt's special needs aide from John F Kennedy Elementary have all been in my home unannounced multiple ce ‘times and no one ever had any concerns. I signed her papers because I was not aware of my rights and I thought I did not have a choice. 1 was aftaid of the police being called, being involved with the court, and my children being with strangers in foster care. My oldest son had just returned from being sent to a facility 3 hours away. It was hard on my children and I being separated from him. [t was unbearable knowing Nathan ran away and once arrested would probably be sent away again. My family was never apart until Nathan went to Abraxas in Shelby Ohio, I didn't want to cause Haley and Wyatt more pain by having police remove them and place them in foster care. ‘One’s awareness of his or her right to refuse consent to-a warrantless entry relevant to the issue of voluntariness of alleged content. Lion Boulos v. Wilson “Consent” that is the product of official intimation or harassment is not consent at all. Citizens do not forfeit their Constitutional Rights when they are coerced to comply with a request they would prefer to refuse. Florida v, Bostick, 501 U.8.429 (1991) ‘Coercion can be mental as well as physical. Blackburn y. Alabama, 361 (1960) From January 20, 2017 to January 25, 2017 Paige Shockey refused to let me have any contact with my children. My daughter had to sneak and tell me throu ssage that Paige Shockey repeatedly checked her phone to make sure she wasn't contacting me. Haley said if she was caught she would lose her cell phone. After researching the unlawful detainment of my children and seeking legal counsel I realized that the safety plan [ was forced to sign was not a legal document. | discovered that my Fourth and Fourteenth Amendment rights of the US Constitution were violated as well as my children’s rights Procurement of an order to seize a child through distortion, misrepresentation, and/or omission is.a violation of the Fourth Amendment. Parents may assert their children’s Fourth Amendment claim on behalf of their children as well as asserting their own Fourteenth Amendment claim. Malik v. Arapahoe Cty. Department of Social Services (10th Cir. 1999) ‘On January 25, 2017 I decided that I had no choice but to take my children and go to my Aunt's in Missouri. Haley and Wyatt had been at my mother's house since the day before, both my children were Shaken over the situation, and they both wanted to be with me as much as [ wanted to be with them. I bought bus tickets, called a cab, and picked up my children between Ipm and 2pm. We came home, Packed our bags, and after confirming Nathan was safe with family we left at 6:30pm, - At the bus station I checked in our bags and we walked to the gas station directly in front of the bus station to get snacks, hot dogs, and drinks for our trip. Approximately 7:30pm we were in our seats on the bus waiting for departure at 7:55pm. Wyatt was extremely excited because he loves cars buses and airplanes. Haley was relieved. She was so worried SHERREE SPENCE would take her and Wyatt away again. When we were about to pull onto the main road TROTWOOD POLICE stopped the bus. A male OFFICER (I didn't get his card to remember his name) made me and my children get off the bus with our luggage. After speaking with him and another TROTWOOD POLICE OFFICER BETHANY MORRISSETTE. (I did get her card) they agreed I wasn't committing a crime. I brought all my paperwork including the safety plan and they agreed it was nota legal document. I let them speak to my children and the OFFICERS did not think my children were unhappy or in any kind of danger. TROTWOOD POLICE wanted me to stay so WEST CARROLLTON POLICE could see my children were ok. I did not have a problem with that because we had to wait for the next bus anyway. Four WEST CARROLLTON POLICE arrived about an hour or so later. The male TROTWOOD OFFICER left and OFFICER MORRISSETTE stayed. WEST CARROLLTON POLICE were not polite at all. They were accusing my daughter of b: false. OFFICER RYAN said my children and I were NOT free to go that MONTGOMERY COUNTY CHILDREN SERVICES were on their way with a warrant to detain my children. 1 asked him why were we being detained? I had NOT committed a crime and TROTWOOD POLICE said my children were NOT in any danger. The OFFICER refused to answer. I was NOT accused by anyone since the Very beginning of ever harming my children, or being drunk or high. NO OFFICER felt it was necessary to give me a sobriety test. Still my children and I were not free to leave. king into Paige's apartment which is completely A little after | 1pm a lady claiming to be a caseworker arrived. I later learned her name is KIM ELLIS. with MONTGOMERY COUNTY CHILDREN SERVICES but at the time she didn't show identification. Paige Shockey arrived immediately after. KIM ELLIS claimed to have a warrant to seize My children but would NOT allow me a copy or let me read it, [ asked her on what grounds did CHILDREN SERVICES obtain a warrant? KIM ELLIS stated I had a history of drug abuse. Paige Shockey refused to take Haley and her exact words were “Haley's going to foster care.” At midnight I was left alone with my children’s bags, NOT knowing where my daughter was being taken, knowing ‘Wyatt would have to be alone with Paige Shockey, and this was accomplished by MONTGOMERY COUNTY CHILDREN SERVICES based upon lies without any evidence, Children may not be removed from their home by police officers or social workers without notice and a hearin; ig unless the officials have a reasonable belief that the children are in imminent danger. Ram y. Ruben (9th Cir. 1997) ed services by SHERREE SPENCE or anyone else from MONTGOMERY COUNTY SERVICES to prevent my children from being removed from my home. Therefore ble efforts to prevent removal were net made. Lwas NOT provided anything in writing when my children were removed from my care on January 25, 2017. Law enforcement was NOT needed because there were NO exigent circumstances requiring immediate intervention, To date [have NOT been told what specific impending threat of harm caused my children to be separated and taken away twice No one from MONTGOMERY COUNTY CHILDREN SERVICES have made any efforts let alone _ “reasonable efforts” to have my children placed together in kinship with safe family members. ildren, my family, and I have NOT been advised our rights at all. In fact we have been denied rights completely. has been removed without a court order THE STATE OF OHIO law mandates that =N SERVICES show that; 1) there is a continuous danger to the physical health or safety of he child is to return home, or there is evidence of sexual abuse and the child is at future sexual abuso; 2) its contrary to the child’s welfare to remain in the home; and Wwere made to prevent or eliminate the need for removal. All of these things must be fn order to meet their burden of proof. ‘are 's parents, guardian, or custodian neglects the child or refuses to provide proper or istence, education, medical, or surgical care or treatment, or other necessary for child's morals, or well-being. : iis seontpletely false and there is NO evidence supporting this. My children truancy issues were "already resolved and I was extremely involved with South Community for Wyatt's special ___ needs, COLLIN BUENTTER the Educational Advocate, and Kettering Schools. ‘South Community is stationed in the elementary Wyatt attended. 3 The child Jacks adequate parental care by reason of mental or physical condition of the child's parents, guardian, or custodian. There is NOT evidence that my children lacked adequate care. There is NOT evidence of me having a “mental condition” ate ‘The child's condition or environment is such as to warrant the state, in the interest of the child, 's guardianship. a state official, whether or not his actions were lawful or cy would plainly provide the state action needed to show a vf petiGener’s Fourtcenth Amendment right entitling him to relief under 1983, ‘persons inyalved in such a conspiracy are acting under color of law and can be liable Adickles v. Kress & Co., 398 U.S. 144 (1970) ‘The children were NOT in danger. A safety plan is NOT a court order. OFFICER RYAN did NOT have the authority to give KIM ELLIS permission to remove my children. MONTGOMERY COUNTY CHILDREN SERVICES knowingly misled the court with statements in the caseworker's sworn affidavit and with sworn testimony at the ex parte hearings required by the Ohio Administrative Code, MONTGOMERY COUNTY CHILDREN SERVICES knowingly misled the court with lies of omission by NOT showing the court that there was NO imminent danger to the children on January 20, 2017 and January 25, 2017 when the children were removed, In the social worker's report January 20, 2017 is left out completely, because SHERREE SPENCE obiained my signature for her voluntary safety plan through threat, coercion, intimidation, & omission. There were NO reasonable efforts made for my children to remain home. There were NO efforts made idren were separated immediately and my daughter placed in foster care, “Tid NOT seen my son Wyatt Schwarck April 25, 2017 until September 17, 2017 except for 10 minutes at a meeting on July 11, 2017. Danielle Jones (foster parent) informed me of a meeting about my children's future and I was NOT notified. From April 25, 2017 to September 10, 2017 I did NOT have visits with my daughter Haley Schwarck. Ido NOT get my two 20 minute phone calls a week with Haley as ordered, Ido NOT get my two 20 minute phone calls a week with Wyatt as ordered, ‘My children have had medical procedures without my knowledge or consent. _ Myson Wyatt Schwarck had a unnecessary surgery without my knowledge or consent. n Wyatt Schwarck has been put on medication without my knowledge or consent, ‘The few phone ons I've had with him he's complained of “going blind” & despite repeatedly leaving at MONICA BURTON I've been ignored. arck is in another county, in another area code, over an hour away wasting tax n have family they could be with in MONTGOMERY COUNTY OHIO. yond MYT oe in front of my 9 year old child. 3 different homes since he was taken from me unlawfully, mae. . ‘has visitation with Wyatt at MONTGOMERY COUNTY CHILDREN SERVICES with ‘A BURTON immediately after being released from a psychiatric hospital, but my children did wwe contact from April 25, 2017 until September 17, 2017. Paige Shockey works privately with MONICA BURTON according to SHERREE SPENCE in a recorded phone conversation. Paige Shockey was allowed to trick or treat or treat with my son Wyatt Schwarck because of her special treatment from MONICA BURTON. Paige has NO parental rights and did NOT see my childfen for more than a year before miy children were wrongfully removed. SHERREE SPENCE, ADRIANNA SUTTON, & MONICA BURTON do NOT return my calls. They have NOT provided me with any services at all so I can reunite with my children. Then they lie to the court & say refuse to work my case plan. Thave provided MONTGOMERY COUNTY CHILDREN SERVICES proof that ‘Wyatt's absence from school was due to his disabilities under the American Disability Act. yi ‘When my children were unlawfully detained by MONTGOMERY COUNTY CHILDREN SERVICES al €s with school was resolved without MONTGOMERY COUNTY CHILDREN SERVICES alved ot providing any services, ty COUNTY CHILDREN SERVICES had NO reason to open a case and they had NO. children. They did NOT try to prevent removal. Theit own social worker report ment is based on hearsay with NO evidence. ‘children & my children from each other with NO due process for 11 ae.) I did NOT fail a drug test. Where the standard for a seizure or search is probable cause, then there must be particularized information with respect to a specific person. This requirement cannot be undercut or avoided simply by pointing to the fact that coincidentally there exist probable cause to arrest or to search or to seizure another person or to search a place the person may happen to be. Yabarra v. IMlinois (1979) 44 U.S. 85 Consent to the warrantless entry must voluntary and not the result of duress or coercion. Lack of intelligence, not understanding the right not to consent, or trickery invalidate voluntary consent. Schneckloth v. Bustamonte Defendant was not entitled to qualified immunity or summary judgment because he should have ti further prior to ordering seizure of children based on information he had overheard. an y. Rice (2nd Cir. 1991) Were NOL Entitled to absolute immunity where no court order commanded them to place iff with particular foster caregivers. K.H. through Murphy v. Morgan (7th Cir, 1990) tal liberty interest involved in retaining custody of one’s child and the integrity of ¢ greatest importance. Baltimore (4th Cir, 1990) order” and the court recognizes “the vital importance of curbing tion on the part of the health care professionals and government - ‘A due process violation occurs when a state-required break up of a natural family is founded solely on a “best interest” analysis that is not supported by the requisite proof of parental unfitness. Quillion y, Walcott 434 U.S. 246, 255 (1978) Children have the Constitutional right to live with their parents without government interference. Child’s four month separation from his parents could be challenged under substantive due process. Sham procedures don't constitute true procedural due pracess. Brokaw vy, Mercer County (7th Cir. 2000) Tobject to the caseworkers witch hunt to try and find something to pin on me. The law states that there must already be a known exigent circumstance existing before conducting a search or seizure without a ‘warrant or court order. The existing circumstance must directly be associated with harm to the child's life or limb. Government officials are required to obtain prior judicial authorization before intruding on a parent’s custody of her child unless they possess information at the time of the seizure that establishes ‘reasonable cause to believe that the child is in imminent danger of serious bodily injury.” Mabe v. San Bernardino Caty., Dept of Pub. Soc. Servs., 237 F.3d 1101, 1106 (9th Cir. 2001) Tobject that the caseworker has clearly violated my children's Fourth Amendment rights, A mother demanding her rights and the rights of her children rights with a loud voice does not equal to a “mental dines” and/or a “drug addiction.” The mother was NOT directing her negative attention to the children, A mother defending her family arguing with government actors does NOT equal impending doom, exigent circumstances, or imminent danger to the children ‘The Fourth Amendment The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, Supported by Qath or Affirmation, and particularly describing the place to be search, and the person's or things to be seized, MONTGOMERY COUNTY CHILDREN SERVICES and SHERREE SPENCE had neither a warrant nor probable cause to scize my children on either dates January 20, 2017 or January 25, 2017. rr) of danger to my children sufficient to implicate the state’s interest in y, and welfare of them as minors. rcticting 1 ‘THE STATE OF OHIO laws and MONTGOMERY COUNTY CHILDREN SERVICES own rules. The claim of Neglect should have never been. brought before this court because it does not fit the statutory definition of child abuse or neglect, MONTGOMERY COUNTY CHILDREN SERVICES has NOT shown evidence in any manner that ‘my children have suffered ANY severe harm. Nor have they shown ANY severe were imminent such as: Significant or acute injury Immobilizing impairment or Life threatening damage MONTGOMERY COUNTY CHILDREN SERVICES has NOT proven | have a current “mental condition” that has placed or will place my children at threat of severe harm. The Fifth Amendment ‘No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life. liberty, or property, without due process of law; nor shall ‘private property be taken for public use, without just compensation The caseworker's wrongful conduct violated clearly established law. Genuine issues of material fact does exist regarding the reasonableness of the caseworker's conduct. ‘This blatant disregard for the children’s Fourth Amendment rights, the state's rules and regulations and _ Federal laws has striped the intake worker, caseworker, and supervisor of their Qualified Immunity. Tey all have been trained in their scope of work and clearly went against what a reasonable person would have known, Mimmunity shields government officals from lability when they are ating within theit and their conduct does not violate clearly established statutory or Constitutional ssanable person would have known. Harlow v, Fitzgerald, 457 U.S. 800, 818, 102, S. to Paige Shockey having any contact with my children. There is evidence beyond a reasonable doubt she did put my son in imminent danger. : to my children being separated and placed in foster care Be: ing Saedl ee A - | __Hobject to all decisions made about my children without my consent or my knowledge - to NOT having visitation or phone calls. | object to supervised visitation and phone calls. tomy daughter being taken across state lines to Kentucky in March 2017 and again on ber 15, 2017 without my knowledge or consent. The reason for Haley to obtain a savings it. NOT a reason to violate my parental rights. eat my daughter Haley Schwarck being taken across siate lines without my knowledge or ‘Thanksgiving 11-23-17. a doctor appointments I was not informed of and I object to any procedures, en to my children without my consent or knowledge, CHILDREN SERVICES had any grounds to remove my children from. rs and supervisor could have gotten a warrant to seize my children. (COUNTY CHILDREN SERVICES could NOT get a warrant because there was NO ‘harm. So they lied, threatened, coerced, and caused trauma to my children. The trauma ‘my family by MONTGOMERY COUNTY CHILDREN SERVICES has forever changed us. ‘Golly time Can tell the severity of the damaged done to my children. ‘As the United States Courts has explained: “In terms that apply equally to seizures of property and to ‘seimares Of persons. the Fourth Amendment has drawn a firm line at the entrance of the house, Absent Xigent circumstances, that threshold may not reasonably be crossed without a warrant,” (Payton v. ‘New York (1980) 445 U.S. $73, $90 (100 S. Ct. 1371, 1382, 63 L. Ed. 2d 639),) Parents and child had a clearly established liberty interest in associating together. The right was ‘violated where the defendants allegedly had no indication of any physical neglect of the child, no Indication of any immediate threat to his welfare, and no indication of any criminal activity by __Iiis mother, where they only had third hand hearsay that the child's mother had gotten drunk ‘to pick the child up from his babysitter, and where defendants refuse to return the ‘nat investigated to determine whether it was necessary to remove the child in the first had not investizated the possibility of returning the child to his mother, grandmother, ynated by the mother, Whis Rinehart (8th Cir, 1997) a child in a foster home it has an obligation to provide adequate medical | supervision. Norflect v, Arkansas Dept. of Human Services (8th Cir. 1993) baa raided process M predeprialion remedies are pratial s right to custody of his or her children is an element of “liberty” guaranteed by the h Amendment and the Fourteenth Amendment of the United States Constitution. 369 NW 2d , MI App Div (1983 ) The United States Supreme Court noted that a parent's right to the “companionship, care, custody, and management of his or her el i jerest “far more precious” than any property right. May v. Anderson (73 S. Ct. 840 1952) 345 U.S. 528, 533: 73 S. Ct. 840, 843 (1952) The liberty interest of the family encompasses an interest in retaining custody of one’s children and, thus, a state may not interfere with a parent's custodial rights absent due process protections. Langton v. Maloney (527 F Supp 583, D.C. Conn 1981) No bond is more precious and none should be more zealously protected by the law as the bond between parent and child. Carson v. Elrod 411 F Supp 645, 649; DC E.D. VA (1976) ‘As previously noted there was NO evidence of danger to my children to implicate the state’s interest in protecting the health, safety, or welfare of them as minors. ‘You can NOT seize children simply because there used to be truancy issucs. You can NOT seize children simply because another child ran away. ‘You can NOT seize children over a drug test. Inthe social worker's report it docs NOT document when this drug test was taken. fake a drug test for MONTGOMERY COUNTY CHILDREN SERVICES, ‘up false drug test results on paper and use it as evidence to keep children in the ok Ge eile Sa it : , the feeling that a person or thing is beneath consideration, worthless, or deserving scorn - a lack of respect or relevance for someone or something - willful disobedience ar open disrespect. sei? The caseworkers has NOT talked with me about the conditions for return, expected outcomes, nor have ___ they talked to me about the case plan where everything is updated. abe ie: wy MONTGOMERY COUNTY CHILDREN SERVICES has always had the correct address, phone ‘umber, and email for me as well as MONTGOMERY COUNTY JUVENILE COURTS. Tobject 0 MONTGOMERY COUNTY CHILDREN SERVICES having temporary custody of either of children, And because of the caseworker’s lack of mandated monthly updates, this means that the caseworker ‘Presented false evidence on 3-16-17, 5-2-17, 6-20-17 and at the 6th month review I was not notified of on 7-11-17. beeause the caseworkers SHERREE SPENCE and ADRIANNA SUTTON are NOT doing their obligations of updating anything, they have thus given false testimony to this court at every far. the case causes the courts to NOT know the truth this is basically a lie of ion is to remain silent when ethical behavior calls for one to speak up. A d of deception and duplicity that uses the technique of simply remaining ‘truth would significantly alter the other person's (Judge's) capacity to t eae, add GUARDIAN AD LITEM CATHERINE MCCARTHY HAS NOT BEEN TRUTHFUL IN HER ONLY REPORT TO THE COURT DUE TO THE FOLLOWING Catherine McCarthy has failed to attend multiple hearings She has NOT met with me or my children as instructed under Ohio Revised Code 2151.281 She has failed to show the court evidence that my children should be returned to my care Tam challenging jurisdiction, due to the fact my rights have been violated as well as my children's rights. I have NOT had “equal protection”. This court has NOT provided due process. Thave NOT been advised of my ri; $ despite me repeatedly asking. According to the MONTGOMERY COUNTY SHERIFF'S OFFICE NO charges have been filed against me. Ihave NOT had proper counse!. NOT one of four atiomeys have attempted to defend me in anywa they have not shown the court evidence that proves the allegations against me false, and they have used my ignorance of the court system to mislead me. Ihave NOT been properly served notice of any hearing to date. I can NOT appear in court if I'm NOT notified of the day and time therefore I OBJECT TO THE COURT ADJUDICATING MY CHILDREN DEPENDENT on June 20, 2017 because the court had NO jurisdiction Tean NOT properly defend myself because the court will NOT allow me in the courtroom during hearings The affidavit filed January 26, 2017 by KIM ELLIS is fals before when she unlawfully detained my children. KIM EL She had met me less than 24 hours lied about having a warrant and used the police to intimidate me to unlawfully detain my children. I did NOT know her name until after the hearing on May 2, 2017. (after Tom Kopacz my attorney quit he gave me alll Paperwork related to this case) er did NOT witness any involvement I had with MONTGOMERY COUNTY CHILDREN S- She cannot be my accuser and any testimony/affidavit KIM ELLIS has given is hearsay, 7 The fraudulent actions of MONTGOMERY COUNTY CHILDREN SERVICES and negligence of CATHERINE MCCARTHY, and this court has put my children in danger and caused all of us trauma beyond repair. Fraud, a false representation of'a matter of fact - whether by words or by conduct, by false or misleading allegations, or by concealment of what should have becn disclosed - that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury. ‘Negligence is defined as failure to use a reasonable or ordinary amount of care in a situation that causes harm to someone. The court has failed to prove subject matter jurisdiction, jurisdiction over the person, as well as what jurisdiction the court is operating under. Plaintiff has absolutely no first hand knowledge of the facts and has fabricated, insufficient evidence, as well as lack of direct evidence of the facts, “Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of juris.” Merritt v. Hunter, C.A. Kansas 170 Fd2 739. “Once challenged, jurisdiction cannot be assumed, it must prove to exi Examiners, 94 Ca 2d 751. 211 P2d 389. Stuck v. Medical “Jurisdiction can be challenged at any time.” and “Jurisdis assumed and must be decided.” Basso v, Utah Power & Li ion, once challenged, cannot be ight Co., 495 F 2d 906, 910, “Defense of lack of jurisdiction over the subject matter may be raised at any time, even on Appeal.” Hilltop Developers v. Holiday Pines Service Corp., 478 So. 2d. 368, (Fla 2nd DCA 1985) “There is no discretion to ignore lack of jurisdiction.” Joyce v, U.S. 474 24 215. “Court must prove on record alll facts related to the jurisdiction asserted.” Latana v. Hopper 102 F 2d 188; Chieago v. New Yark, 37 F Supp. 150. “The burden shifts to the court to Prove jurisdiction.” Rosemond y, Lambert, 469 F2d 416, wi “A universal principle as old as law is that a proceedings of the court without jurisdiction are a nullity and it's judgement therein without cffect either on person or property.” Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732. “Thus, where a jurisdiction tribunal has no jurisdiction of the subject matter on which it assumes to act, its proceedings are absolutely void in the fullest sense of the term.” Dillion v. Dillion, 187 P 27 “Once jus tion is challenged, the court cannot proceed when it clearly appears the court Jacks jurisdiction, the court has no authority to reach its merits, but, rather, should dismiss the action.” Melo y. US, 505, F2d, 1026. “The law requires proof of jurisdiction to appear on record of the adm administrative proceedings.” Hagans v. Layine 415 L 28 (1974) rative agency and all “A court cannot confer jurisdiction where none existed and cannot make a vaid proceeding valid. It is clear and we'll established law that a void order can be challenged in any court.” OLD WAYNE MUT. L. ASSOC. vy, MCDONOUGH, 204 U.S. 8, 27 S. Ct. 236 (1907) The United States Court of Appeals for the Ninth Circuit says it be ¢ government's interest in the welfare of the children embraces not only protecting children from physical abuse, but also protecting the children's interest in the privacy and dignity of their homes and in lawfully cxercis their parents.” Calabretta v. Floyd, 189 F 3d 808 (9th Cir, 1999) uuthority of ‘The Constitution also protects “the individual interest in avoiding disclosure of personal matters” Federal Courts (and State Courts), under Griswold can protect, under the “life liberty and pursuit of happiness” phase of the Declaration of Independence, the right of a man to enjoy the mutual care, company, love, and affection of his children, and this can not be taken away from him without due process of law. There is a family right to privacy, which the state cannot Invade or it becomes actionable for civil rights damages. 381 U.S. 479 (1965) 1am therefore establishing ON THE RECORD that I strongly ch uallenge that any lawful reason existed to remove my children and therefore, [ strongly challenge this court's jurisdiction over this matter 19 to “voluntary” safety and service plans or any other were obiained through duress, threat, and coercion. I now explicitly any plea of guilt that I was coerced and tricked into signing. "Tam petitioning the court 10 dismiss jurisdiction, close the case, enc order thatthe children are returned home immediately. Thereby declare that the abave statements are true and complete to the best of my knowledge and belief. I understand they are made for use as evidence in court and 1 am subject to penalty for perjury. Petitioner (signature) = Pee wo Aetony public ia and for sad. conaly , Pepeally Me Sennen caver he being by mt bale swere depois and says ee fevadeh ig Aout ane! comect Phe iafirenty s Ly SNARE AND SWORN to before me on this re day of Dec csbec 2017. My Commissieet €ygnres Apo! af 202!