Roxanne Grinage Legal Assistant to Michael Nazario Minnesota pro se plaintiff Marked Exhibit Index part 1 of 2 Pleading and Exhibits 1-17 Certified Service True and Correct Service Copy Filed 02/01/02 Michael Nazario Pro Se Counter Claim Affidavit of Fact
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Roxanne Grinage Legal Assistant to Michael Nazario Minnesota pro se plaintiff Marked Exhibit Index part 1 of 2 Pleading and Exhibits 1-17 Certified Service True and Correct Service Copy Filed 02/01/02 Michael Nazario Pro Se Counter Claim Affidavit of Fact
1. Counter Claim Plaintiff Pro Se
Michael David Nazario
3233 Central Avenue NE
Minneapolis M N 55418
Tel: (952)356-7776
Fax: (215)405-2939
m i ken aza r i osrra) gm a i I. com
electronic service requested
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
FAMILY COURT DIVISION
In Re the Matter of the Welfare of the Children o f M I C H A E L DAVID NAZARIO'S
Counter Claim Plaintiff Pro Se
Joy Adams Nazario, Mother
Michael Nazario, Father COUNTER CLAIM AFFIDAVIT OF FACTS,
CERTIFIED SERVICE NOTICE FEDERAL
Children: Veonna Nazario, DOB 04/21/2000 CIVIL RIGHTS CLAIM FOR DAMAGES
Yasiah Nazario, DOB 12/05/1996 $3,000,000.00,
NAZARIO MARKED EXHIBITS INDEX PAGES
1 THROUGH 40.
FAM ID. 323598
HSPHD Case No. CP00356138
SSIS No. 267015086
Court File No. 27-JV-117365
COMES NOW, M I C H A E L DAVID NAZARIO, a resident of Minnesota invoking State of
Minnesota Constitutional right to petition Minnesota State Court on my own behalf, in my own right, for
redress of grievances, non-attorney represented counter plaintiff pro se, and hereby
1. ENTER INTO THE RECORD of State of Minnesota County of Hennepin Juvenile
Division Fourth Judicial District, In the Matter of the Welfare of the Children of Joy R. Adams Nazario
and Michael Nazario, Parents, Fam ID. 323598; HSPHD Case No. CP00356138, SSIS No. 267015086,
Case No. 27-JV-l 1 -7365, the following
2. Counter Claim Affidavit of Facts, Certified Service Notice Federal Civil Rights
Claim For Damages $3,000,000.00, Nazario Marked Exhibits Index Pages 1 through 40, which
verify breached integrity of DHS case reports as passed by DHS employee(s) to and entered by Attorney
-1-
2. for DHS Karin Lynn Chedister, whicli have inflicted Fraud upon a Minnesota State Court through
falsification of case reports, lying in official court documents and destruction of evidence in the best
interest of children, and
3. Inflict on-going DHS kidnap for profit injuries inflicted upon M I C I L E L NAZARIO
and J O Y NAZARIO'S American family.
4. Counter Plaintiff Pro Se M I C H A E L NAZARIO believes our particular working class
family has been targeted as an extortion victim by Racketeering Influenced Corrupt Organization Kidnap
For Profit Schemes of a few State of Minnesota DHS employees to perpetrate extortion, fraud billing.
Recovery Act Fraud and Waste, because we are accomplished skilled technicians making U.S. Economy
enriching careers contributions to our children and our community, employed by a global financial
services bank.
5. Evidence Gathering Depositions Expert Witness Testimony confirm DHS case worker
neglect/malpractice/misconduct failed to assess / discem child abuse reporter's motives.'
6. The initial reporter was a neighbor who Nazario Family lived near for three years, who
our daughters visited from time to time but after one of our daughters told us she witnessed drugs in
baggies in the house, our former neighbor and abuse reporter 54 years old Caucasian Raven Straight
forced my daughter to go to the police station with false allegations against me C O U N T E R P L A I N T I F F
PRO S E M I C H A E L NAZARIO, in retaliation for me and my wife not allowing our daughters to go
' See Nazario Marked Exhibit Index. U.S. Department of Health and Human Services Administration for Children
and Families; Administration on Children, Youth and Families Children's Bureau, Office on Child Abuse and
Neglect, Child Abuse and Neglect User Manual Series. Child Protective Services: A Guide For Caseworkers.
Reviewers, Technical Advisory Panel Page 4 Acknowledgements; Developed under the guidance and direction of
Irene Bocella, Federal Task Order Officer, and Catherine Nolan, Director, Office on Child Abuse and Neglect, Bob
Scholle, Independent Consultant Pittsburgh Pa, Brad Wilcox, Ph.D. University of Virginia, Department of Sociology
Charlottesville, V A ; Pages 25 - 27, Responsibility of Child Protective Services: Intake, Initial Assessment or
Investigation, Family Assessment; Case Planning; Service Provision; Family Progress; Case Closure.
-2-
3. back to her home where her adult daughters' and their boyfriends' drug use and drug dealing activities
had been exposed by our daughters telling us what they witnessed in Raven Straight's home?
7. I , M I C H A E L DAVID NAZARIO, Counter Plaintiff Pro Se, have reported United States
Department of Justice Form Approved OMB No. 11105-0008 C L A I M F O R DAMAGES, INJURY O R
D E A T H caused by the actions of a federally funded agency or state employee, having verified Counter
Claim Affidavit of Facts, Certified Service Notice Federal Civil Rights Claim For Damages
$3,000,000.00, Nazario Marked Exhibits Index Pages 1 through 40, proving facts and circumstances
attending the damage, injury or death identifying persons and property involved, the place of occurrence
and the cause thereof HENNEPIN C O U N T Y HUMAN S E R V I C E S & P U B L I C HEALTH
D E P A R T M E N T , C H I L D P R O T E C T I O N UNIT and GUARDIAN AD L I T E M P R O G R A M and
P A R E N T A L F E E UNIT: Debbie M . Silverstein / HSPS / Hennepin MSW, LICSW Supervisor, Child
Protection Field did censor omit and falsify case reports submitted to Christine Spaulding and Karin Lynn
Chedister, Hennepin County Attorney's Office Child Protection Division who committed Fraud Upon
The Court by Entering for Your Honor's adjudication Falsified Case Reports which results in Honorable
Kathryn Quaintance having illegally transferred parental rights in violation of rights under color of law 18
U.S.C. §242, 18 U.S.C. § 245; 42 U.S.C. § 1983; in violation of U.S. Attorney General's definition of
Official Corruption Fraud Civil Rights, 18 U.S.C. §3771.
^ See Nazario Mariced Exhibit Index. University of Minnesota College of Education and Human Development
Center for Advanced Studies in Child Welfare. Practice Notes. Supervision: The Key to Strengthening Practice in
Child Welfare: How do you encourage staff to be careful and clear on documentation? Ethical Considerations in
Supervision: Two principles underlie malpractice actions and parallel how a regulatory body such as the Board of
Social Work might analyze a situation regarding negligence in supervision: Vicarious Liability - The supervisor in
child protection is assumed to direct and review the work of a staff member. I f an error in judgment harms the
family or child, the supervisor may be held responsible, simply because they are the supervisor (the legal theory of
"respondeat superiori" ~- let the master respond to the failure of the subordinate). Negligence ~ Specific errors and
omissions of the supervisor such as inattention to substandard work, failure to properly instruct staff, giving
inadequate directions, etc. ("What would a reasonable and prudent supervisor have done in the same or similar
situation?"). Page 4 and 11. Adapted fi-om Schoener, G . R . (2008). Clinical Supervision: Ethics, boundaries, &
practice issues. Walk-in Counseling Center, 2421 Chicago Avenue S., Minneapolis, M N 55404.
-3-
4. 8. Also in violation of State of Minnesota Statutes Section 260C.001 Subdivision 2(b)(3);
Section 260C.007, Subdivision 6(2)(i) sec 260C.007 Subdivision 6(9) dishonest malpractice DHS
employee misconduct has resulted in HENNEPIN and R A M S E Y C O U N T I E S S H E R I F F O F F I C E S
suffering civil rights lawsuit liability: three (3) counts illegal entry, police brutality, pointing firearms
arms at American Family, children, senior citizens and a six month old baby, false arrest and unlawful
imprisonment, aiding and abetting DHS verified Racketeering Kidnap For Profit Schemes while inflicting
personal injuries and optimizing risk of injury or death.
9. Also in violation of Child Protection Services funding guidelines DHS records
mismanagement whether incompetently or deliberately performed has resulted in Recovery Act Fraud and
Waste as evidenced in Nazario Marked Exhibits Index Pages 1 through 40.
WHEREFORE, STATE OF MINNESOTA FOURTH JUDICIAL DISTRICT JUVENILE
DIVISION JUDICLRY and/or Honorable Katherine Quaintance are compelled by Minnesota Law, CPS
Regulations and U.S. Constitution to invoke judicial wisdom and 28 USC 453 Solemn Oath of Justices
and Judges: "1 do solemnly swear (or affirm) that I will administer justice without respect to persons, and
do equal right to the poor and to the rich, and that 1 will faithfully and impartially discharge and perform
all the duties incumbent upon me as under the Constitution and laws of the United States. So help me
God", such that the Counter Plaintiff Pro Se M I C H A E L DAVID NAZARIO'S respectful pleading, this
Court enter and enforce without further delay the following Orders to end DHS corruption Court Ordered
suffering of American Family Nazario:
Order DHS C E A S E AND DESIST chronic ongoing infliction of separation trauma maximum
risk of abuse injury and exposure to sexual predators in St. Joe's Minneapolis Shelter System;
Order the immediate return of Yasiah and Veonna to the protective nurturing care of their mother
Joy Nazario who with her husband their father Michael Nazario have demonstrated a greater vested
interest in providing best quality of life for their children than has any corrupt or inept Child Protective
Services employee of Hennepin County Health Department now verified by docket analysis and evidence
-4-
5. gathering to have falsified case reports to maximize fraud billing in the best interest of DHS contractor
providers and not Nazario children's safety;
Order DHS employees and Attorney for DHS Karin Lynn Chedister to produce evidence
supporting allegations of sexual misconduct of Michael Nazario other than the contrived case reports of a
field social worker;
Order DHS employees to say what their credentials are that qualify a case worker to contradict
thorough Police Criminal Investigation, qualified Written Summation of M I C H A E L DAVID
NAZARIO'S former lawyer Allan H . Caplan, Esquire; qualified findings of expert, David E .
Knefelkamp & Associates administered Polygraph Test, qualified expert witness sexual
psychological evaluation of James M. Alsdurf, Ph.D., L.P., my wife's testimony on November 29,
2011 wherein Joy Nazario asked our daughters time and time again if they knew they could come to her i f
anyone said something or did something sexual or i f anyone made them feel uncomfortable that they
could come to her and she would protect them;
Order Hennepin County Human Services and Public Health Department Child Protection Field
Unit and Guardian Ad Litem Program and Parental Fee Unit to C E A S E AND DESIST all attempts to
force Nazario family into unwanted non-applicable case plans or other contracts with Minnesota State
DHS contractor providers;
Order Hennepin County Employees to STAY A W A Y F R O M NAZARIO F A M I L Y U N T I L
SUCH T I M E AS THIS C O U R T makes R U L I N G FINDINGS O F F A C T based on Honorable
Court's qualified judicial examination of verified evidence gathered depositions claims assessment
expert and witness testimony submitted herewith. See Nazario Marked Exhibits Index Pages 1
through 40;
Order Hennepin County Human Services & Public Health Department Child Protection Field
Unit, Guardian Ad Litem Program and Parental Fee Unit to pay to Counter Plaintiff Pro Se M I C H A E L
DAVID NAZARIO all demonstrable costs (not damages - costs) that Michael and Joy Nazario can
-5-
6. demonstrate are paid or still owed; extorted by way of DHS corruption forced contracts fraud billing non-
applicable case plan(s); false allegations; false arrest and unlawful imprisonment bail, interest, penalties,
attorneys fees and expert witness reports and legal administrative assistant professional consultant service
retained, accumulated in an amount of no less than S20.000.00 to date and growing.
LASTLY, DHS Corruption victim MICHAEL DAVID NAZARIO, Counter Plaintiff Pro Se
asks this Honorable Court to Order DHS to issue written apology letter that Michael and Joy Nazario may
present to their Financial Services Industry Employer and our trauma parent alienation injured children.
Counter Plaintiff Pro Se MICHAEL DAVID NAZARIO and my wife JOY NAZARIO were
irreparably harmed by the results of false allegations slander and defamation of DHS employee
misconduct/malpractice. We are skilled law abiding community conscience U.S. Economy careers
contributors, making contributions to education, community development and a better way of life for our
children until we were forced to become Federal Crime Victim Witnesses due to egregious official
cormption fraud civil rights crimes inflicted by Hennepin County Human Services & Public Health
Department Child Protection Field Unit, Guardian Ad Litem Program and Parental Fee Unit destroyed
Nazario Family's heritage, health, education, U.S. Economy enriching careers contribution, freedom and
future.
Respectfully submitted
, .-.—. ^^.rAuy*
ri^^Counte
Michael David NazarivCounter Claim Plaintiff Pro Se
3233 Central Avenue NE
MmneapolisMN 55418
Tel: (952)356-7776 Fax; (215) 405-2939
mikenazariosr(gigmail.com electronic service requested
STATE OF ^ / ^ < g & ^ g ^ ^
COUNTY ORjaiSTRICT )
W^^^S ) ,
Subscribed and sworn to or affirmed before me a t . 5/yS/-g^l//e^ fcitw (Ar (stated On Gil'Sfh(GIZl6&^.
(NOTARY SEAL)
Clerk of Court, Nptaiy Public or other person authorized to administer oaths.
MnlofuPllhle 1
M Commission E X P ° M January 3 1 . 2 0 1 3 ^
v ^
7. C E R i r m C A T E O F SERVICE
(Service Distribution List Attached on Separate Sheet)
I certify that I caused the foregoing Counterclaim Affidavit of Fact Notice of Federal Civil Rights
Damages Claim $3,000,000.00 to be transmitted to the official contact addresses as indicated by
electronic mail (email) on January 31,2012 in time to be received by all parties by scheduled February 1,
2012 Court Hearing, or that I mailed courtesy copies as shown on attached Certified Service Distribution
List via first class mail postage prepaid on February 1,2012.
January 31, 2012
8. JAN. 31.20 1 2 2:47PM
FORM APPROVED
CLAIM FOR DAMAGE, INSTRUCTIONS: Please read carefully the instructions on the
OMB NO.
reverse sWe and supply infomatlon requested on both sides of this
INJURY, OR DEATH 1105-0008
form. Use additional 8heet(s) If necessary. See reverse sWe for
additional instnictior®.
1. Submit To Appropriate Federal Agency: 2. Name. Address of claimant and daimant's personal representative, if
any. (See Instructions on reverse.) (Number, Street, City, State and Zip
HENNEPIN COUNTY HUMAN S E R V I C E S & PUBLIC HEALTH DEPT. Code)
CHILD PROTECTION FIELD UNIT and GUARDIAN AD LITEM PROGRAM Michael DavM Nazario
590 Park Ave, Mirnieapolis MN 55415, Tei 612-348-6824 Fax 612-348-4154 Joy Regina Nazario, spouse
PARENTAL F E E UNIT. Healtti Services BWg 9, L880. 525 Portland Ave South
Minneapolis MN 55415-1569 Fax 612-346-0269 Minneapolis MN 55418
3. T Y P E O F EMPLOYMENT 4. DATE O F BIRTH 5. MARITAL STATUS 6. DATE AND DAY O F ACCIDENT 7. TIME (AM. OR P.M.)
• MILITARY ^CIVILIAN mmtKtmm Married January 20, 2012 3:36 PM C S T
8. Basis of Claim (State In detail the known facts and drcumslances attending the damage, injury, or death, Wenti^ing persons and property involved, the
place of occunpence and the cause thereof. Use additional pages if necessary.) , , . . . . . ^ . ^l.^
Debbie M SilvereteinWSPS/Hennepin MSW, LICSW Supervisor, Child Protection Field did censor omit and falsify case reports submitted to Christine Spaulding
and Karin Chedister Hennepin County Attorney's Office ChUd Protection Division who committed Fraud Upon The Court by Entering Falsified Case Reports into
the Record of State of Minnesota 4th Judicial District Family Court Div. Case No. 27-JV-l 1-7365 which resulted In DIstilcl Court Judge Kathym Quaintance
llegally transferring parental rights In violation of rights under color of law 18 U.S.C. S e c 242,18 U.S.C. Sec 245; 42 U.S.C. S e c 1963; in violation of U.S.
fytomey General's definition OfBdal Corruption Fraud Civil Rights: in violation of Minn Stat Sec 260C.001 subd. 2(b)(3); Sec 260C.007, subd. 6(2)(i) sec
J60C.007 subd. 6(9), which caused Recovery Act Fraud and Waste baling for concussion injury sustained by Nazarlo's daughter in foster care, false anest
jnlBwfijf Inprisonment of Protector Nazario Parents, chiWren at highest risk of Injunr in St. Joe's Shelter, Financial Crisis thrpugh payment of legal fees and bail.
AFFIDAVIT OF FACTS Nazario Exhibit Index Page I.
PROP! January 31,2012 N O T I C E D A M A G E S C L A I M $3,000,000
NAME AND ADDRESS OF OWNER, IF OTHER THAN CLAIMANT (Numjw. Street. ( Certified Service Notice Federal Crime Victim Claimant
itale of Minnesota County of Hennepin Juvenile MICHAEL DAVID NAZARIO
nil Judicial District; All Bar Assoc. Practitioners, Pro Se Plaintiff Counter Plaintiff Pro Se
•
' -am. No. 323598 Case 27-JV-l 17365
BRIEFLY DESCRIBE THE PROPERTY. NATURE AND EXTENT OF DAMAGE AND P R O F E S S I O N A L M A L P R A C T I C E • U.S. Economy Recovery Act Fraud and Waste,
Hennepin County Human Service Public U.S. Dept of Justice Investigation U.S. GAG
Audit Requested;
-Icalth Department Case No 001520254502
Official Corruption Fraud Civil Rights, Illegal
FALSIFICATION OF CASE REPORTS
Transfer of Parental Rights via Racketeering
10. PERSONAL INJl^^""^P'" Yancey Counties Sheriffs Corrupt Organization Act ("RJCO") Kidnap For
( COUNTS ILLEGAL E^TRV BRUTALITY Profit Schemes;
STATE NATURE AND EXTENT OF EACH INJURY OR CAUSE OF DEATH, WHICH POINTING FIREARMS AT NAZARIO Malpractice Personal Injuries False Auest
INJURED PERSON OR DECEDENT, ^AIMILY CHILDREN & BABV. 01/20/12 Unlawful Imprisonment Police Brutality
Separation Trauma PTSD Parent Anenatlon Court Ordered ChBd Abuse concfi£',S.??£H?0»5^/jpj2qo^^^^ Defamation, Trauma, Parent Alienation Trauma
:^aimants Michael and Joy Nazario after illegally transferring parental fights. Public Defamatkin 01/20/12 false anests unlawfiil imprisonment ongoing payment
of attome/s / expert witnesses fees forced case plan contracts of DHS tlvieaten Job loss of two professional financial services Industry U,S Economy career
Mntributors who have acted lawfully cooperated fiilly with law enforcement but a corrupt social woricer continues to use a report of a 54 year old neighbor wrho
ia!t since anolnobfiri fnr malcin.;. tho falsa riahn tn m w r up IhP riniq artlvHy nf hnr t^,M rhllrtrcn and >tiPlr frtenria ytOrvjisMi hy hlanrin rhiMrpn
11. wrrwESSES
NAME ADDRESS (Number. Simet, CHy, Stale, and Zip Code)
Evidence Gathering Deposition Expert Witness Roxanne Grinage, Legal Administrative /Assistant
Testimony Claims Intake Assessment Docket Analysis HireLyrics Administrative Services
Exhibits Index Trial Prep Binder Witness Ust and U.S. Citizens Public Dool<et Database
Legal Administrative Assistant Verificalion Forthcoming PO Box 22225. Philadelphia Pa 19136 Tel 267-444-0594 Fax 215-40&-2939
Case Study Verified: htlp-J/htrelvrica.oni/minnesotafamiliesnewclvarightsheroea.html
12. (See InstrucVons on rsveree,} AMOUNT OF CLAIM (in doHars)
12a. PROPERTY DAMAGE 12b. PERSONAL INJURY 12c. WRONGFUL DEATH 12d. TOTAL (Failure to apedfy may cause
flMteituretfyourflohls.)
$3,000,000.00 $3,000,000.00
I CERTIFY THAT THE AMOUNT OF CLAIM COVERS ONLY DAMAGES AND INJURIES CAUSED BY THE INCIDENT ABOVE AND AGREE TO ACCEPT SAID AMOUNT IN
FULL SATISFACTION AND FINAL SETTUMENT Of THIS CLAIM
13a. SIGNATURE OF C (See tnatrucHonB onreverseaide.) 13b. Phone number of person signing fonn 14. DATE OF SIGNATURE
January 31,2012
CIVa. PENXLTr FOR PRESENTING CRIMINAL PENALTY FOR PRESENTING FRAUDULENT
FRAUDULENT CLAM CLAM OR MAKING FALSE STATEMENTS
The claimant is liable to the United States Governmentforthe civil penalty of not lass than Fine, Imprisonment or both. (See 18 U.S.C. 287,1001.)
$5,000 and not more than $10,000, plus 3 times ttie amount or damages sustained
by (he GovemmenL (See 31 U.S.C. 372S,)
9S-iog NSN 7640-OD-«34-404« STANDARD FORM 95
PRESCRIBED BY DEPT. OF JUSTICE
28 CFR 14.2.
9. 2012-01-26 18:13 12154052939 P 5/18
Mandatory 15 Pages must be returned.
I
FEDERAL CRIME VICTIM DISCLOSURE
Child's Full Name Date of Birth given to me by God Child's Date of Birth and last known SSN
You do not have to fill ttiis in if you are not a CPS CorruplJon in
Child's Full Name Date of Birth given to me by God Child's Date of Birth and 1; £wnSSN
ChUd's Full Name Date of Birth given to me by God Chad s Date of Birth and last known SSN
f f l jYU lluf / . h - M A X t f A / ' t b ^ T J u lAJ ^ ( ^
Child's Full Name Date of Birth given to me by God Child's Date of Birth and last known SSN
For i:hose claimants who died.
Estate of t"' < j "
•
(Date of Birth and Date of Death) Send copy of Death Certificatejjmd Namesjpfespitalstnd Cor
B,««of ^ _
(Date of Birth and Date of Death) Send copy of Death Certificate and A a e s
I certify 1 am a Federal Crime Victim* as defined by United StatI partmene»Ijastic?W?^t forth in 18 U.S.C. §
3771: • ACCORDING TO THE ACT, A V I C T I M IS "A PERS ANDS^QXIMATELY H A R M E D AS A
RESULT OF THE COMMISSION OF A FEDERAL OFFENSE O F ; IN THiliaSTRlCT OF COLUMBIA. IN
THE CASE OF A CRIME VICTIM W H O IS U N D E R 15 YEARSi iCOMPETENT, INCAPACITATED, O R
DECEASED, THE LEGAL GUARDIANS OM^HE C R I M M g J I M ' J E P R E S & T A T I V E S OF THE C R I M E VICTIM'S
ESTATE, FAMILY IMEMBERS, OR ANY O T W R P E R S O n T I S U I T M L E BY THE C O U R T , M A Y A S S U M E
T H E CRIME VICTIM'S RIGHT UNDER THl?'%i^PTER, BUT 1 ENT SHALL THE DEFENDANT BE NAMED
AS SUCH GUARDIAN OR REPRESENTATIVE."
I, certify that I have acted lawftiily res lectfully^hrough^^all corruption poisoned processes and
venues and continue to act lawfullyj X. O^fflted Statf|i committed to leveraging individual
accountability forbidding abuse of i age jniffl^"''civil Rights Act which is being used by criminally
behaving official corruption fraifijcivi railants to pirpetrate felony crimes upon working class student and
impoverished fanjSfes to peegSffite a LS. Economy Fraud Court and Education Reform State of
Emergency in my srate and o ^ S t l o n .
I, certify I ha used tiiWipregat^lp be transmTfted by electronic mail or facsimile or postage prepaid first class
mail or by certili recimjequested or by priority mail by authorizing Roxanne Grinage, HireLyrics
Admipistrative S e n ? ^ U.S^^jzens^rafttrolled) Public Docket Database or formation pending Federal Crime
Victi Safe.JS5iO D H S ^ ^ s e o ^ a n a w a y s as indicated on various Certified Service Distribution Lists
manage ireLyfej^Administrative Services in satisfaction of my state's Rules for Service, Civil
Rules of ''and as'B^ne Viram Compensation Claimant; Recovery Act Fraud and Waste Whistleblower
Transmittal, fident E x e c i ^ B Office, United States Attorney General and Special Prosecutors, Legislative
Committees, Furiaiiife.Source Deosion Makers, Intervention Investigations and Audit Requests,
1 am a resident of "iam. f.state) and lawful guardian of above named real fle.sh and blood naniral
persons for whom g o r i ' S v fit to bles?; me with and in whom I have a greater vested interest in the heritage health
firiuratinn religious freedom.'; whereabouts future U.S. economy enriching careers contributions than does any
corporate entity, state agency emplnvee.s and contractors or other profesgional prafliUciau:-
AFFIDAVIT OF FACTS Nazario Exhibit Index Page 2.
January 31,2012 N O T I C E D A M A G E S C L A I M S3,000,000
Irime^ctim Witness
^ n a t u r e Federal Crime Certified Service Notice Federal Crime Victim Claimant
5tatc of Minncsofa County of Hennepin .luvcnile MICHAEL DAVID NAZARIO
tth Judicial District; All Bar Assoc. Practitioners, Pro Se Plaintiff Counter Plaintiff Pro Se
=am. No. 323598 Case 27-JV-1 17365
Print Name Federal Crime Victim Witness
PROFESSIONAL M A L P R A C T I C E • U.S. Economy Recovery Act Fraud and Waste,
Hennepin County Human Service Public U.S. Dept of Justice Investigation U S GAO
Health Department Case No 001520254502 ^"d't Requested,
Official Corruption Fraud Civil Rights, Illegal
FALSIFICATION OF CASE REPORTS
Transfer of Parental Rights via Racketeering
Hennepin and Yancey Counties Sheriffs Corrupt Organization Act ("RICO") Kidnap For
Page S o f ' C O U N T S I L L E G A L E N T R Y B R U T A L I T Y Profit Schemes;
POINTING F I R E A R M S A T NAZARIO Malpractice Personal Injuries False Arrest
F A M I L Y C H I L D R E N & B A B V . 01/20/12 Unlawful Imprisonment Police Brutality
' N C I S 2 7 C R I 2 - 1 8 5 0 / 201200373 Defamation. Trauma. Parent Alienation Trauma
10. 2012-01-26 1 8 : K 12154052939 P 6/18
Mandatory 15 Pages must be returned.
Form COL Violation Warning Denial of Rights Under Color of Law
Violation Warning—18 U.S.C. §242; 18 U.S.C. §245; 42 U.S.C. §1983
I certify tliat the forgoing information stated here is true and con-ect.
Legal Notice and Warning - Federal law provides that it Is a crime to violate the Rights of a
citizen under the color-of-law. You can be arrested for this crime and you can also be held
personally liable for civil damages.
Attempting to cause a person to do something by telling that person that such action is required by law,
when it is not required by law, may be a felony.
18 USC §242 provides that whoever, under color of any law, statute, ordinal T custom,
willfully subjects any person in any State, Territory, Commonwealth^"" net to the
deprivation of any rights, privileges, or immunities secured o ^ i t e c t e d ffi the Constitution of the
United States shall be fined under this title or imprisoned not more than c ^ y e a r , or bott
18 USC §245 provided that Whoever, whether or not acting [ates or interferes
with any person from participating In or enjoying any bene _ if facility, or activity
provided or administered by the United States; [or] applyir ployment, or any perquisite
thereof, by any agency of the United States; shall be fimd uf prisoned not more than
one year, or both.
42 USC §1983 provides that every pe ordinance, regulation, custom,
or usage, of any State or Territory or ibjects, or causes to be subjected, any
citizen of the United States or other pers^ ereof to the deprivation of any rights,
privileges, or immunities secured by the be liable to the party injured in an
action at law, suit in equity, or other
Warning, you may be in violatjon sting with your demand may lead to your arrest
and/or civil damages! Also prd^^ldes that you can be held personally responsible
and liable, as are advised to C E A S E AND D E S I S T with
your deman you do not understand the law.
Notice of S«rv(1 RIZED HIRELYRICS ADMINISTRATIVE S E R V I C E S LEGAL ADMINISTRATIVE
ASSISTANTS M. NAGE TO CERTIPf SERVICE OF THIS NOTICE IN ACCORDANCE WITH
E V I D E S ^ CATHER ERT WITNESS TESTIMONY VERIFIED.
th Full Address including city, state and postal zip code
U T YOUR ADDRESS ABOVE AND DO NOT WRITE BELOW THIS LINE]
I, certify that I, R o x a m t Grinage. HireLyrics Administrative Services, U.S. Citizens Public Docket Database
caused this Form COL Legal Notice and Warning Violation of Rights Under Color of Law to be served by
electronic, facsimile, or first class mail postage prepaid to attached certified service distribution named
recipients at their official addresses of public record. Returned Affidavit Proof of Service is Null and Void if not
presented with attached Roxanne Grinage HireLyrics Administrative Service verified jjertifie^ Servi
IDistribution List. /> AFFIDAVIT OF FACTS Nazario Exhibit Index Page 3.
January 31,2012 N O T I C E D A M A G E S C L A L M $3,000,000
Certified Service Notice Federal Crime Victim Claimant *
V ^ / / / 7 _ .
Roxanne Grinage htate ofMinncsota County of Hennepin Juvenile M I C H A E L D A V I D N A Z A R I O i
r ^ ' T V , , j . , _ Ith Judicial District; All Bar Assoc. Practitioners, Pro Se Plaintiff Counter Plaintiff Pro Se |.
/ i ^ C 6 t / / / ; a m . No. 323598 Case 27-JV-I17365
MALPRACTICE • U.S. Economy Recovery Act Fraud and Waste,
Hennepin County H US. Dept of Justice Investigation US. GAO
<J Hennenin Countv Human Service Public
Audit Requested;
-lealth Department Case No 001520254.502
•Official Corniption Fraud Civil Rights, Illegal
F A L S I F I C A T I O N O F C A S E R E P O R T S Transfer of Parental Rights via Racketeering
Hennepin and Yancey Counties Sheriffs Corrupt Organization Act ("RICO") Kidnap For
! COUNTS ILLEGAL ENTRY BRUTALITY Profit Schemes;
POINTING FIREARMS AT NAZARIO •Malpractice Personal Injuries False Arrest
FAMILY CHILDREN & BABY. 01/20/12 Unlawful Imprisonment Police Bnitality
'NCIS 27CRI2-I850/201200373 Defamation. Trauma. Parent Alienation Trauma
11. 2012-01-26 18:14 6123164454 » 12154052939 P 7/18
Mandatory 15 Pages must be returned.
AUTHORIZATION FOR R E L E A S E OF INFORMATION
Medical Records, Department of Healtti and Human Services, All Registries, Hospital, Healthcare Providere, Social Worl^er, Case
Wor1<er3, Police Reports, Detective Case Notes, Investigations and Findings, Attorney Client Files about me and or my family who is
shown to be injured by way of Official Cornjption Fraud Civil Rights Violations,
Name: "fh.r^/tf/ Th^iu^jh
Telephonyjjumber for Verification: f J > ' i s i •
SSN: DOB;< Email:
OtHei" Names Under Which Records Might Be Filed;
Person Court Agency Organization or Professional Practitioner Releasing the Information:
X Department Of Health and Human Services, Commissioner's office
)p
ea
X Cfiild Abuse Registry _ Other Registry
X DHS or I3HSS C P S or CWS O C S C Y S contractor residential facilititiQame and
Hospital or Physician Medical Records maintained by Records Custodi
(Healthcare provider name and address)
{Healthcare provider name and address)
CPS DHS O C S C Y S CWS Social Workers Case Workers F-
to havejeoords which impact litigation, investigations and am
Name arid Address of Office they
Name and Address of Office they worl((i
:ss 0
X A Lawyer that_represents me^or did represept^T^^gpe^me
, .;jresents me
Itnown fh lla in ^/ipl
X A^Lawyer that represents ilte
Lawyer
known
Description of Information to Be Ri
abuse treatment cenj@itjhan thl;
desciiotion). /O
The pu! overv. crime victim compensation claims processes
I herel ly heSith care and/or client files and/or other Information as described above to,
ROXANN ISTRATTVE SERVICES, PO BOX 22225, PHILADELPHIA, PA, 19136, FAX: 215-405-
2939. WEB: ilRELYRICS.ORG. This authorization remains effective for as long as I am a
HireLyrics ^ for whom Roxanne Grinage provides records management among other legal executive
assistant professiol
-^^-.y..^ - r t ^ ^ . ,
printed Name
Mailing Address including city state and iip code
STATE OF _
COUNTY OR DISTRICT
Subscribed and sworn to or affirmed before me at H^h^t^^"^ rcitv). (state) On 0kcf2o'L
(NOTiWS^EAL^
Cleri< of Court, Notary Public or other person authorKec to administer oaihs.
ither authorKed
MARIN MhilARINE
Notary Public My commission expires:
Minnesota
Page 7 of 15 mandatory returned.
12. 2012-01-26 18:15 i
12154052939 P 8/18
Mandatory IS Pages must be returned.
REVOCATION O F AUTHORIZATION F O R R E L E A S E O F INFORMATION
NOTICE IS HEREBY GIVEN THAT THE BELOW CHECKED AGENCY, ORGANIZATION OR
PROFESSIONAL PRACTITIONER MAY HAVE BECOME A CONFLICT OF INTEREST PARTY IN
PENDING OR ONGOING LITIGATION, ANY RELEASES SIGNED BY UNDERSIGNED EITHER
WILLINGLY OR UNDER DURESS DURING ANY SPAN OF PERIOD OF TIME ARE HEREBY
REVOKED,
Telephone Number for Verification: ? V2> -'^sC --^
SSN:, 0OB:_ Email: .HeJiA^iciLQ /iJ. Co-
Other Names Under Which Records Might Be Filed:
Pereon Court Agency Organization or Professional Practitioner Releasir the Infomiation:
I3epartment of Health and Human Services, Commissioner's office
Si
Child Abuse Registry
lild Other Registr
DHS or DHSS CPS or CWS OCS QYS contractor residential faoilit; name and
C"
e.t^ ^ —c
Hospital or Physician Medical Records maintained by Records Custixlian(s) at
S E .2
(Healthcare provider name and address)
(Healthcare provider name and address)
i f ^ ^ ! o | '
C P S DHS OCS C Y S CWS Social Workers Case Workers iS Q ^ .S ^ H . ^
to have records which impact litigation, investigations and auSflSkconc
Name and Address of Office they work(ed) in at tl
Name arid Address of Office they the time " s o *5 d
A Lawyer that jeprgsents me 0/ did
eon loneandFaxif ^
S =p
known /^// ff-hJ j^t^n, 8 b ^ •? § w S «
A Lawyer that represents me or OicL time N ^ Addre
jg'elephone and Fax if t a. <3 Z
/ " <> s
known z c o
e
^ 1 S
*- S °
Description of Infomnation to Be Rele release Is Revoked. (If substance ab > « _i X -z u < t« oa r<
be released from a federally assis' •At cerfter, than this information must be include ^ E zS
^aK
description). < ^0
0
ta. ^ r 2 ^< 1 5MQ -
£ J 2
i 1^1 l i£>
H -1
,UTHORIZATI0N FOR RELEASE OF INFORMATION: litiaatit i i l < §8
All inqui ,famiij^ health, heritage, identity, custody, finances, healthcare, etc, are to be directed to
the Legal Assis't'Scifeervice vv« have hired for this purpose. I hereby authorize the use of disclosure of my
health care i files iral&r othermforTriatiori as described above to, ROXANNE GRINAGE, HIRELRYICS
ADUINISTRA' S E R V I C E S , p'mQx 2 2 2 2 5 , P H I L A D E L P H I A , P A , laise, F A X ; 2 1 6 - 4 0 5 - 2 9 3 9 , E M A I L W E B S I T E C O N T A C T
FORMS Wmi.H MCS.ORG. w i l s authoritatlon and/or revocation of authorization for release of infomiation remains
effective for as long a HireLyrics Administrative Sennces client for whom Roxanne Grinage provides records management
among other legal assistant professional jeryicas on bfehalf iff me and my family.
Printed, Nam i ^ M i
I n t e d f • I „ / '
M a i ^ ^ 0 T'/'', '^1
MI
ST OF t^mmt_)
dress Including city state and zip fcode '
COUNTY OR DISTRICT )
Subscribed and sworn 10 or affinned before me at fmi^^y^
icM. (state)On tft^ Ol/U'llL (date).
(NOTARY SEAL)
Clerk of Court/Sotary p"vbifeior oth person authorized to administer oaths.
Notary Pubhclor other
My commission expires: y»f^. i Ij l^ik
13. Michael David Nazario
High School
Financial Work History:
2 1/2 years Janitorial medium income $25k per year
Previous Position: 9 year's Operation Clerk 1, 2 and medium income $31.5k per year
Real Estate Investment Company we owned and operated for 5 years
Real Estate income: 18k per month.
Current Position: 3 years Operation processor 2 medium income $35 k per year
Joy Regina Nazario
High School Graduate
College Graduate - Application Specialist
Real Estate Investment Company we owned and operated for 5 years
Real Estate income: 18k per month.
Financial Work History:
Current Position 2 )4 years IT Business Analyst medium income 50k
IT Helpdesk Specialist: 2 years medium income 35k
Customer Service: 5 years medium income 28k
Receptionist: 2 years medium income 25k
The working class community contributions we've made to our family and community for a
better quality of life.
We owned and operated 11 properties with a total of 16 units in the surrounding metro area
for 5 year: medium price range 235k. We are law abiding working class Americans that have
that have volunteered with the community. We have been owners, as well as renters in our
local housing market. We have also contributed to the educational system; as we value
education and are thankful that our children are able to attend one of the top 3 schools in our
state.
AFFIDAVIT OF FACTS Nazario Exhibit Index Page 6.
J a n u a r y 31, 2012 N O T I C E D A M A G E S C L A I M $3,000,000
Attorneys Hired to defend us.
Certified Service Notice Federal Crime Victim Claimant
Michael's Attorney DHS: Allan Caplan Retainer 5k State OfMinncsota County ofHennepin .Juvenile M TCHAEL DAVID NAZARIO
Joy's Attorneys for DHS
Dave Olson $1500 to represent me for 4 months I'ROFESSIONAL MALPRACTICE .US Economy Recovery Act Fraud and Waste,
'«iviii,v C M i L U K t i x s bABY.Ul/2«/l2 Unlawful Imprisonment Police Brutalit
'NCXS27CR 12^850/201200373 Defamatioi). Trau.na.Parenl^AJienalioiLTrauiiu.
Joy testified on November 29 2011 that our daughters was asked - If they knew they could come t o
her if anyone said something or did some sexual or if anyone made them feel uncomfortable that they
could come to her This took place Tuesday morning the 9'^ of August 2012. November 29'^ 2011 we
were kick out of the courtroom during Yasiah testimony. So we have no idea what went on.
14. J A M E S M . A L S D U R F , PH.D., L.P.
Licensed Psychologist #2820
T w e l v e Oaks Center D r i v e (612) 239-6527 Office
Suite 211 (952) 475-2167 Fax
W a y z a t a , M N 55391
October 13,2011
RE: Michael D. Nazario
Date o f Birth: 2-16-1976
Psychological evaluation o f Michael D . Nazario
Dates Procedure
Psychological testing: $ 300 (2hrs) 8-30-11 96101
Clinical interviews: $450 (3hrs) 8-30-11 96101
$300 (2hrs) 9-6-11 96101
AFFIDAVIT O F FACTS Nazario Exliibit Index Page 7.
January 31, 20J2 N O T I C E D A M A G E S C L A I M $3,000,000
Total cost: $1,050 Certified Service Notice Federal Crime Victim Claimant
itate ofMinncsota County of Hennepin Juvenile M I C H A E L DAVID NAZARIO
llh Judicial District; All Bar Assoc. Practitioners, Pro Se Plaintiff Counter Plaintiff Pro Se
Amtpaid: $1,000
•am. No. 323598 Case 27-JV-l 17365
PROFESSIONAL M A L P R A C T I C E •U.S. Economy Recovery Act Fraud and Waste,
Hennepin County Human Service Public U.S. Depi of Justice Investigation U.S. G A O
Balance: $0 Healtii Department Case No 001520254502 Audit Requested;
•Official Corruption Fraud Civil Rights, Illegal
FALSIFICATION OF CASE REPORTS
Transfer of Parental Rights via Racketeering
Hennepin and Yancey Counties Sheriffs Corrupt Organization Act ("RICO") Kidnap For
1COUNTS I L L E G A L ENTRY BRUTALITY Profit Schemes;
James M . Alsdurf, Ph.D., L.P. 'DINTING FIREARMS AT NAZARIO •Malpractice Personal Injuries False Arrest
FAMILY C H I L D R E N & B A B Y . 01/20/12 Unlawful Imprisonment Police Brutality
' N C I S 27CR12-1850 / 201200373 Defanialion. Trauma. Parent Alienation Trauma
15. FftX NO. :6514393011 Jan. 30 2005 01:34PM P2
F O -.DEKfl
RM
AFFIDAVIT OF FACTS Nazario Exhibit Index Page 8.
January 31,2012 N O T I C E D A M A G E S C L A I M $3,000,000
Certified Service Notice Federal Crime Victim Claimant
5tale of Minnesota County of Hennepin Juvenile M I C H A E L DAVID NAZARIO
TO: Allan Caplan
llh Judicial District; All Bar Assoc. Practitioners, Pro Se Plaintiff Counter Plaintiff Pro Se
•am. No. 323598 Case 27-JV-l 17365
AT: (612)341-0507 PROFESSIONAL M A L P R A C T I C E • U.S. Economy Recovery Act Fraud and Waste,
Hennepin County Human Service Public U.S. Dept of Justice Investigation U.S. GAO
riealtii Department Case No 001520254502Audit Requested;
FROM: Dave Knefelkamp FALSIFICATION O F CASE REPORTS •Official Corruption Fraud Civil Rights, Illegal
Transfer of Parental Rights via Racketeering
AT: (651) 439-3011 (office & fax) Hennepin and Yancey Counties Sheriffs Corrupt Organization Act ("RICO") Kidnap For
( COUNTS ILLEGAL ENTRY BRUTALITY Profit Schemes;
'DINTING FIREARMS AT NAZARIO •Malpractice Personal Injuries False Arrest
'AMILY CHILDREN & BABY. 01/20/12 Unlawful Imprisonment Police Bnitality
'NCIS 27CRI2-I8S0 / 201200373 ^Defanialion. TrauJiia._Earent.Alieiiatiou_Trauma
David E . Knefelkamp & Associates
305 South Greeley Street Suite 104
Stillwater, M n . 55082
D I R E C T I O N S T O O F F I C E
From Minneapolis
Go East on 1-94 through St. Paul. Stay left to merge on to 1-35E. Ebcit Highway 36 (
(Stillwater exit). Follow Highway 36 East through Maplewood & No. S L Paul. Contimie
into the Stillwater area.
After crossing through the light at Manning Avenue you will go tiirough a light at
Washington Avenue. (CUB etc on your left.) At the next light-GREELEY S T R E E T —
turn left. You will stopft)ra. sign by Lakeview hospital and a 4-way stop sign at Pine
Street Two blocks past Pine on yourrightside is a 2 story ofiSce building - the Oredey
St. Pr3fessiQ»aLBldg.3CS So. Greeley.
As you pass the front of the building turn right on to the side street. You can park by my
silver Ojrysler or in the small parking lot across the street at Nelson's store. Come in flie
north door and down the steps to the lower level. I'm in room 104.
Mv cell nhone # is (612) 859-7848 if you need assistance.
No., Date,^
R E C E I V E D O F /}l'i/.l,^.< I /J^^l^i^.l-C'
.DOLLARS $ ST^
Amt. of Accounl
Amt. Paid
Balance Due
BY ^k<j:<J i
16. Caplan
Tambuniio
C A P L A N & T A M B U R I N O L A W F I R M • P . A .
525 Lumber Exchange Building
10 South 5th Street
Minneapolis, Minnesota 55402
(612) 341-4570
PRELIMINARY RETAINER AGREEMENT
I. /fJr.^/f-CL .retain CAPLAN & TAMBURINO
L A W F I R M , P.A., A t t o m e y s a f L a w , 5 2 5 L u m b e r E x c h a n g e Building, 10 S o u t h 5th Street,
M i n n e a p o l i s . M i n n e s o t a 5 5 4 0 2 , to r e p r e s e n t m e in c o n n e c t i o n w i t h the following matter(s):
A s c o m p e n s a t i o n to C A P L A N & T A M B U R I N O L A W F I R M , P A . for their s e r v i c e s , I a g r e e
to p a y t h e m a R E T A I N E R F E E in t h e a m o u n t of $ ^,(7^0 .
A FFFDAVIT O F FACTS Nazario Exhibit Index Page 9
I fullv u n d e r s t a n d that"
I fully u n d e r s t a n d that. certified Service" 'Notice
^ "^"""'"'^ ^ ^ ^'^^^^^ DAMAGES CLAIM $3,000,000
>tate OfMinncsota County of Hennepin Juvenile IMirHAFI H A V i n 1MA7ADirt
1. T h e R E T A I N E R F E E is d u e ZVt^ District; AH Bar Assoc Practttioners. Pro Se PlVintm" C^^^^^
. am.No 323598 Case 27-JV-l 17365 i-ro ;>e Klaintill Counter Plaintiff Pro Se
I retained C a p l a n & T a m b U n n C R O F E S S I O N A L MALPRACTICE .US Economy Recovery Act Fraud and Waste.
9 P a r i l a n R. T a m h l i r i n n I avw F i r m ^ ^ " " ^ f " ' ^ ° " " ' > ' ^ l " " ! ^ " Ss"''':^ Public U.S. Dept of Justice Investigation US. GAO
L^apian & 1 amOUnnO L a w f-irm^ea,t,^ Department CaseNo 001520254502 Audit Requested;
c o n s u l t with m e o n the s u b j e c t FALSIFICATION OF CASE REPORTS ' O ^ * ^ ' " ' corruption Fraud Ovil Rights, Ulegal
mutually a g r e e d u p o n ; w p . ^and Yanceyv^i^ I f o nSheriffsi I t schemes^ u X
^v^v>,,, ..^.^i^vj^i^ counties u 1 / L , ? ; ~ ^:t^;^l^'T^^^^r
T h i s f e e will N O T b e held in a tXycHn'^DRFTIENTRY ^BRUTALITY '^^'"^^'^'"^^
-COUNTS ILLEGAL « l R v n ^ ^ ! . ^ , I>rofit Schemes; ^ P
'"J""- ^^'^ Arres,
vL^^L Unlawful Imprisonment Police Brutality
I h a v e a right t o t e r m i n a t e t h e cliSF.'^^J^«/™'^^^^^^ - " - '
t h e f e e will be r e t u r n e d t o m e ; a n d
5. In the e v e n t t h a t I a m c h a r g e d w i t h a c r i m e , a F I X E D F E E for representation o n t h e
a c t u a l c h a r g e will t h e n b e n e g o t i a t e d w i t h C a p l a n & T a m b u r i n o L a w Firm, P.A. a n d
the entire a b o v e - s t a t e d R E T A I N E R F E E will b e credited t o w a r d the F I X E D F E E .
T h e R E T A I N E R F E E is to b e paid a s follows:
17. R e s p o n s i b i l i t i e s o f C h i l d
P r o t e c t i v e S e r v i c e s
A ccording to the National Association o f Public
Child Welfare Administrators (NAPCWA), the
mission o f the child protective services (CPS) agency
to keep children safe at home or to be placed in out-
of-home care.
is to: This chapter provides an overview o f the seven stages
of the CPS process, which are described in more
• Assess the safety o f children; detail throughout the manual.
• Intervene to protect children from harm;
INTAKE
• Strengthen the ability o f families to protect their
children;
CPS is responsible for receiving and evaluating reports
• Provide either a reunification or an alternative, of suspected child abuse and neglect, determines
safe family for the child.^* i f the reported information meets the statutory
and agency guidelines for child maltreatment, and
AFFIDAVrX O F FACTS Nazario Exhibit Index Page 10.
judges the urgency with which the agency must
January 31, 2012 N O T I C E D A M A G E S C L A I M 83,000,000
respond to the report. I n addition, CPS educates
Certified Service Notice Federal Crime Victim Claimant
Jlate ofMinncsota County of Hennepin Juvenile M I C H A E L DAVID NAZARIO individuals who report allegations o f child abuse or
Ith Judicial District; All Bar Assoc. Practitioners, Pro Se Plaintiff Counter Plaintiff Pro Se neglect (frequently referred to as "reporters") about
^ain. No. 323598 Case 27-JV-l 17365
CROFESSIONAL M A L P R A C T I C E •U.S. Economy Recovery Act Fraud and Waste, State statutes, agency guidelines, and the roles and
_
rlennepin County Human Service Public _ US Dept of Justice Investigation US GAO
responsibilities o f CPS.
Health Department C^e No O0T52O254502 Audit Requested,
F A L S I F I * A T I O N O F C A S E R E P O R T S •Official Comiption Fraud Civil Rights, Illegal
C^
Transfer of Parental Rights via Racketeering
rlennepin and Yancey Counties SherilTs Corrupt Organization Act ("RICO") Kidnap For
I COUNTS ILLEGAL ENTRY BRUTALITY Profit Schemes; I N I T I A L ASSESSMENT O R INVESTIGATION
•OINTING FIREARMS AT NAZARIO • Malpractice Personal Injuries False Arrest
fAMILY CHILDREN & BABV. ni/20/12 Unlawful Imprisonment Police Brutality
'NCIS 27CR12-1850 / 201200373
mission, >-./raTnusT p: ? 8 » " s e W i ' g | - s ^ e l ¥ n ^ V ^ ' « W f " After receiving a report, CPS conducts an initial
or through other agencies, which are child-centered,
assessment or investigation to determine:
family-focused, and culturally responsive to achieve
safety, well-being, and permanency for children.^' • I f child maltreatment occurred;
When families are unable or unwilling to keep
children safe, CPS petitions juvenile or family court • I f the child's immediate safety is a concern
on the child's behalf either to recommend strategies and, i f it is, the interventions that will ensure
the child's protection while keeping the child
Child Protective Services: A Guide for Caseworlfers 25
18. I ntake is the first stage o f the child protective — Determine i f the report meets the statutory and
services (CPS) process and is one o f the most agency guidelines for child maltreatment;
important decision-making points i n the child — Assess whether the child is safe;
protection system. It is the point at which reports
— Evaluate the motives o f the reporter.
of suspected child abuse and neglect are received.
Information gathered by caseworkers is used to Provide support and encouragement to the
make decisions regarding safety (e.g., Is the child reporter by:
at risk o f imminent harm?), risk (e.g.. What is the
— Explaining that the purpose o f CPS is to
likelihood that maltreatment will occur sometime i n
protect children and strengthen families;
the future?), and the type o f CPS response required.
At intake, caseworkers also perform a critical public — Emphasizing the importance o f reporting
relations function by responding professionally and and explaining the process i n which the
sensitively to the concerns raised by community report will be tracked;
professionals and citizens, and by clarifying the role — Describing the types o f cases accepted by
of the agency regarding referrals o f suspected abuse CPS as well as the types o f information
or neglect. Referrals are accepted from all sources, needed from the reporter;
and each report is treated as a potential case o f child
maltreatment.^^ — Responding sensitively to the fears and
concerns o f the reporter;
— Discussing the State's regulations regarding
INTAKE PROCESS confidentiality, including the circumstances
under which a reporter's identity may be
revealed (e.g., i f required by court action i n
Specific guidelines for conducting the intake
a particular case).
process vary from State to State and community to
community. In general, caseworkers must: AFFIDAVIT OF FACTS Nazario Exhibit Index Page 11.
J a n u a r y 31, 2012 N O T I C E D A M A G E S C L A I M $3,000,000
Gather sufficient information from the reporter Certified Service Notice Federal Crime Victim Claimant
tate ofMinncsota County of Hennepin Juvenile M I C H A E L DAVID NAZARIO
and agency records to be able to: th Judicial District; All Bar Assoc. Practitioners,
Pro Se Plaintiff Counter Plaintiff Pro Se
am. No. 323598 Case 27-JV-l 17365
- Identify and locate the children and the ' R O F E S S I O N A L M A L P R A C T I C E
• U.S. Economy Recovery Act Fraud and Waste,
r^^^^^i-^ .^^'.r^^^r ^^^orr'.^ya^- Icnpcpin County Human Service Public U.S. Dept of Justice Investigation U.S. GAO
parents or primary caregiver, lealth Department CaseNo 001520254502 Audtt Requested;
FALSIFICATION OF CASE REPORTS "2^^""f Comiptton Fraud Ctv.l Rights, Illegal
Iranster ot Parental Rights via Racketeenng
lennepin and Yancey Counties Sheriffs Corrupt Organization Act ("RICO") Kidnap For
COUNTS ILLEGAL ENTRY BRUTALITY Profit Schemes;
•DINTING FIREARMS AT NAZARIO •Malpractice Personal Injuries False Arrest
AMILY CHILDREN & BABY. 01/20/12 Unlawful Imprisonment Police Brutality
NCIS 27CRI2-1850/201200373 DefamationJxauira-iareniAlienationJi^^
Child Protective Services: A Guide for Caseworkers
19. • Check agency records and the State's central • The child, including the child's condition and
registry ( i f appropriate) to determine i f the behavior, which helps i n evaluating whether the
family or child is known or has been reported child is in immediate risk of harm or danger
to the agency previously. and determining the urgency and type o f the
response;
Gathering Information from Reporters
• The parent or caregiver, including their
emotional and physical condition, behavior,
The more comprehensive the information provided history, view o f the child, child-rearing practices,
by the reporter, the more experienced caseworkers and reladonships outside the family;
are able to determine the appropriateness o f the
report for CPS intervention; whether the child is • The family, including family characteristics,
safe; and the urgency o f the response needed. State dynamics, and supports.
and local child protection agencies have guidelines
for information-gathering at intake. In general, Exhibit 5-1 presents more detailed information that
caseworkers should obtain information on: should be collected from the reporter within each o f
these areas. Although not every reporter will have all
• The contact information for the child the information described, it is important to attempt
and family, which helps to locate the child to gather it to guide the investigadon and ensure the
and family and determine i f the chdd is at appropriate decisions at intake. This may be the only
immediate risk o f harm; opportunity the agency has to talk with the reporter.
• The alleged maltreatment, including type,
nature, severity, chronicity, and where it
occurred;
AFFIDAVIT OF FACTS Nazario Exhibit Index Page 12.
N O T I C E D A M A G E S C L A I M $3,000,000
January 31,2012
Certified Service Notice Federal Crime Victim Claimant
late of Minnesota County of Hennepin Juvenile M I C H A E L DAVID NAZARIO
th Judicial District; All Bar Assoc. Practitioners, Pro Se Plaintiff Counter Plaintiff Pro Se
am. No. 323598 Case 27-JV-l 17365
• U.S. Economy Recovery Act Fraud and Waste,
•ROFESSIONAL M A L P R A C T I C E
U.S. Dept of Justice Investigation U.S. GAO
iennepin Count>' Human Service Public
Audit Requested;
fealth Department Case No 001520254502 •Official Corruption Fraud Civil Rights, Illegal
ALSIFICATION O F CASE REPORTS Transfer of Parental Rights via Racketeering
lennepin and Yancey Counties Sheriffs Corrupt Organization Act ("RICO") Kidnap For
Profit Schemes;
COUNTS I L L E G A L ENTRY BRUTALITY
•DINTING F I R E A R M S A T NAZARIO
•Malpractice Personal Injuries False Arrest
A M I L Y C H I L D R E N & B A B Y . 01/20/12
Unlawful Imprisonment Police Brutality
NCIS27CR12-1850/20L200373
_PefajTmlLQn Jiauma, Parent Alienation Trauma^
Intake
20. Exhibit 5-1
Sample I n f o r m a t i o n to O b t a i n from Reporter During Intake
Information Regarding the Alleged Maltreatment
Type(s): Nature of Severity: Location:
Maltreatment:
• Physical abuse • Extent o f the • Setting where abuse
(Specific characteristics physical injury (e.g., or neglect occurred
• Sexual abuse and parental acts or second- and third- (e.g., home, school,
omissions) degree burns on half supermarket)
• Neglect
of the child's body)
• Physical abuse:
• Emotional
burning, beating, • Location o f the
maltreatment 0<^ « - TO
kicking, biting, and injury on the child's
t -5 E
other physical abuse body < S 1
" =
2
• Neglect: abandonment, • Extent o f the •J >y
'0
withholding o f needed emotional injury a. o
medical care, lack to the child (e.g., O O « £
of supervision, lack suicidal behavior,
l i t
III
of adequate food or excessive fear o f Xa If y
shelter, emotional the parents or
I P
deprivation, failure caregivers) •§ £ 1 g oi l l
z z 5 = <OH(3i:
to register or send to
school, and the effects Chronicity:
of exposure to partner o u: = S
abuse • Prior incidents o f c
c •? o u
abuse or neglect 5 o 52
z <
• Sexual abuse or o•> ° !a "7
& m ri (3 S < s
exploitation: fondhng, • How long the abuse
E _ i iO O ~ U c« ag S
3:- z
< «-i ^ ?•
u O 5 O < 0! »
masturbation, oral or neglect has been I I I 1„ z i | P i - U til O T
or anal sex, sexual occurring g ^ £ d 2
u, '-C C _ C
M
3 6 Id
?
intercourse, viewing
o -2 Z U.
•IS I 1- = ?5
or involved in • Whether abuse or 6 ? C -1 i»
i
pornography or forced neglect has increased
prostitution in frequency or
remained relatively
• Emotional constant
maltreatment:
constant berating or
rejecting treatment,
scapegoating, and
bizarre/ cruel/ ritualistic
forms o f punishment
/ntake
21. collect and analyze the information and determine i f • Does the reporter stand to gain anything from
it meets the following criteria. reporting?
• Has the reporter made previous unfounded
Statutory and Agency Guidelines
reports on this family?
This determination is made by comparing the data • Is the reporter willing to meet with a caseworker
collected to State law regarding the definition o f in person i f needed?
child abuse and neglect and the requirements for
• Does the reporter appear to be intoxicated,
State or county response; agency policies interpreting
extremely bitter, angry, or exhibiting behavior
the laws and practice standards; agency or office
that makes the caseworker question his or her
customs regarding further refinement o f definitions;
competency?
required response times; and practical issues, such as
jurisdictional authority or caseload management.^'
• Can or will the reporter refer CPS to others who
know about the situation?
Credibility
• What does the reporter hope will happen as a
result o f the report?
An essential step in the intake process is determining
the consistency and accuracy o f the information being • Does the reporter fear reprisal from family?
reported. In some locations, the intake workers take all
reports and the investigator determines the credibility • Does the reporter fear self-incrimination? For
of the report; i n other locations, the intake workers example, due to substance-abusing behavior or
determine the credibility of the report. Sometimes participation i n physically abusive behavior.
caseworkers question the validity o f the report
suspecting it may be influenced by a contentious
When an Initial Assessment or
divorce, custody batde, or bad neighbor relationships.
Investigation Is Warranted
Regardless of suspicions about the motives o f the
reporter, i f the allegations meet the statutory and
agency guidelines, the case must be accepted. One o f the primaiy decisions i n the intake process
is whether or not to accept a report for a CPS
A number o f questions will help caseworkers investigation. This decision is based on the law, agency
evaluate the credibihty o f the report: policy, and information about the characteristics o f
the case that are likely to indicate, or result i n , harm
• Is the reporter willing to give his or her name, to the child. The appropriateness o f this decision
address, and telephone number? depends on the ability o f the caseworker to gather
critical and accurate information about the family
• What IS the reporter's relationship to the victim and the alleged maltreatment and to apply law and
and family? poi;^" ^- — ' "
AFFIDAVIT OF FACTS Nazario Exhibit Index Page 14.
• How well does the reporter know the family? J a n u a r y 31, 2012 N O T I C E D A M A G E S C L A I M S3,000,000
Certified Service Notice Federal Crime Victim Claimant
tale ofM innesola Coimly of Henncp.n Juvenile M I C H A E L D AVI D NAZARIO
• Does the reporter know o f previous abuse or
th Judicial District; All Bar Assoc. Practitioners, p^^ Plaintiff Counter Plaintiff Pro Se
neglect? What has led him or her to report am. No. 323598 Case 27-JV-l 17365 —
now? 'ROFESSIONAL MALPR/VCTICE .U.S. Economy Recovery Act Fraud and Waste,
. „ ,, o •„=D„t^i;^ US. Dept of Justice Investigation U.S. GAO
lenneptn County " ^ ^ ^ ^^'^I'^f Audit Requested;
• How does the reporter know about the case? lealth Department Case No 001^520254502 ^ ^ ^ ^ ^ . ^ i .^^^ p,.^^^ Q^., m^g^,
i - A L S I F I C A T I O N O F C A S E R E P O R T S j^^^^^^^ p^^^,,,;,, Rigi,,^ ^ia Racketeering
Iennepin and Yancey Counties Sheriffs Corrupt Organization Act ("RICO") Kidnap For
COUNTS ILLEGAL ENTRY BRUTALITY Profit Schemes;
'OINTING FIREARMS AT NAZARIO .Malpractice Personal Injuries False Arrest
•AMILY CHILDREN & BABY. 01/20/12 Unlawful Imprisonment Police Brutality
NCIS 27CR12-1850 / 201200373 Defama!ioji,Jlrauma, Parent AJienalion Trajmia-
Child Protective Services: A Guide for Caseworkers