ORANGE COUNTY'S

Family Law & Criminal Defense Attorney

LAWYER JEFFREY N. STIVERS

California State Bar, Federal Central District Court of California, Federal Northern District of California, Federal Southern District of California, Court of Appeals

CHILD DEPENDENCY:

Child Dependency matters are cases, in which, children can be removed from the home and placed in foster care for a variety of reasons. This can be caused by allegations such as child abuse, drug abuse, child neglect, or child endangerment. Social Services is usually involved, and the goal of these proceedings is to re-unite the children back with their parents. This can usually be accomplished with changes in the home environment. Mr. Stivers will help you accomplish what is necessary to get your children back.

If you have a dependency matter, please call Attorney Stivers immediately to secure you and your children's rights.

Family Attorney, Divorce Lawyer, Criminal Defense Attorney, Medical Marijuana Lawyer, Case

Child abuse by the government

Government rips an autistic boy from his home because it prefers a different treatment than the one offered by the parents.

What kind of society rips a 17-year-old autistic boy from his loving home and places him in a state-run mental institution, where he is given heavy doses of drugs, kept physically restrained, kept away from his family, deprived of books and other mental stimulation and is left alone to rot?

Certainly not a free or humane one.

Yet that's exactly what has happened to Nate Tseglin, after a teacher called Child Protective Services, the county agency charged with protecting children from many forms of abuse and given power to remove children from their family homes in certain circumstances. The teacher reported seeing self-inflicted scratches on Nate's body and complained about the doctor-approved arm restraints his parents used to keep Nate from hurting himself. Nate remains in Fairview Developmental Center (formerly Fairview State Hospital) in Costa Mesa, labeled a danger to himself and others, while his parents fight a lonely battle to bring their son back home.

Isn't there anyone out there who can help them?

After the complaint, social workers intervened and decided that the judgment of a psychologist who examined Nate's records but never even met the boy trumped a lifetime of treatment and experiences by his parents, Ilya and Riva Tseglin. Without prior notice, "the San Diego Health and Human Services agency social worker, with the aid of law enforcement, forcibly removed a struggling and terrified autistic boy … from his home, while his mother and father, who are Russian Jewish immigrants, and Nate's younger brother stood by helplessly," according to the complaint the parents, who have since moved to Irvine to be near Nate, filed with the court.

The forced removal came after the Tseglins came to loggerheads with the government over Nate's proper treatment. The parents are opposed to the use of psychotropic drugs and argue that Nate has had strong negative reactions to them. They point to success they've had with an alternative, holistic approach that focuses on diet and psychiatric counseling. The government disagreed, so it took the boy away from home and initially placed him in a group home – where he had the same negative reaction to the drugs that his parents predicted would happen.

Of course, once social workers are involved in a family, they are reluctant to relinquish their power – something I've found in every Child Protective Services case I've written about. And even though the court determined "the evidence is clear that the parents have always stood by and tried to help their son," the court sided with the government. That's another common theme from these closed family-court proceedings – the social workers' words are taken as gospel, and the parents are treated like enemies and given little chance to defend themselves.

The details are complicated and discouraging. But, essentially, the parents were cut out of any decision-making regarding their son. They were given only short visits with him. After he ran away from the group home, the government transferred Nate to a mental hospital. The Tseglins say the drugs the hospital gave Nate caused him to have a "grand mal" seizure, and his health has continued to deteriorate while he languishes in a government mental facility. When they visited him over the summer, they found his face swollen. He faded in and out of consciousness and was suffering from convulsions. They believe he has been beaten and are worried about sexual abuse, given that he is housed with the criminally insane.

The Tseglins claim Child Protective Services has told them they have the "wrong set of beliefs" and even threatened to force them to undergo court-ordered psychological evaluation. The agency at one point suspended the parents' visitations as a way "to assist them in coming to grips regarding their son." The Tseglins, as former citizens of the Soviet Union, have good reason to be fearful of the authorities. But they tell me that they experienced nothing of this sort in the former communist nation. If their descriptions are correct, then the Soviets weren't the only ones who know how to create a totalitarian bureaucracy.

The family's legal argument is persuasive:

"Riva and her husband have cared for Nate, in their home, for his entire life, until he was dragged kicking and screaming away from his parents. … The court found that it was very impressive that the parents 'were able to maintain Nate in the home for the better part of a decade when he was having some severe behavioral difficulties.' … The court found further that when the parents put Nate on a 'more holistic approach' and ignored the professional opinions, that 'for a period of time, Nate responded very well to that.' Even though Nate subsequently deteriorated, the court found that he fared no differently using the more traditional medical approach.' …

"In short, this case turns on value judgments, such as whether it is preferable for Nate to be maintained in his own home, subject to occasional physical restraint, surrounded by the love and devotion of his parents and brother, or whether Nate should be placed in a locked facility, subject to occasional physical restraint and constant chemical restraint, surrounded by strangers and a burden to the California taxpayer. … The real issue in this case is that the agency and some medical personnel believe their opinions regarding Nate's treatment are better than the parents' choices, and have sought the judicial intervention to override the parents' decisions regarding their son."

In a free society, individuals and families get to make those judgments and decisions. As the Tseglins argue, "Riva has a right to raise her child, Nate, free from government interference, as long as he is not at risk of physical, sexual or emotional abuse, neglect or exploitation."

Sure, the state can and does intervene when parents are accused of abusing or neglecting their children. There are many problems and injustices even in those cases, but at least it's understandable when the government intervenes to protect a potentially threatened child. But in this case, the state is simply saying that it knows best, that no matter how diligently a boy's parents have worked to provide the best-possible care for him, that officials get the final say. And the government's choice of mandatory incarceration seems harsh and cruel, which shouldn't surprise anyone, given the basic nature of government.

At last check, autism is not a crime. It's time to free Nate Tseglin and return him to the love and care of his parents.

Child Protective Services
Victories for Parents' Rights May Help in Dealing with CPS

Two recent court cases affirmed the 4th amendment right of the family to protection from unreasonable searches and seizures by Child Protective Services.

In both cases, the U. S. Ninth Circuit Court of Appeals found that Child Protective Services' entry into a home and forced strip searches of children when there is no emergency or without a warrant are violations of the parents' 4th amendment rights.

The first case, Calabretta v. Floyd, involved a Yolo County CPS worker who, accompanied by a police officer, forced entry into the Calabretta home without a warrant and demanded a strip search of their 3 year old daughter.

California: Class Action Lawsuit Planned Against CPS/DPSS

This is from activists who are planning a CPS/DPSS class action lawsuit against Riverside County and the State of California for kidnapping children without cause:

http://fightcps.com/2008/11/02/california-class-action-lawsuit-plans/

Family Lawyer, Orange County, OC, Child Abuse, CPS, Child Dependency, Socia Services

ORANGE COUNTY'S LEADING #1 FAMILY LAW ATTORNEY

Attorney Stivers is concerned, commitment, and experienced in his practice of defending criminal law cases and fighting for the rights of the innocent. If you are the victim of police aggression, DEA, unlawful search and seisure, a wrongful arrest, or any assult on your God given Constitutional rights, you need to call my office now!

Attorney Stivers specializes in family law, child custody, and legal separation. He is readily available to his clients and supporting to them through their troubling time. Attorney Stivers has rightfully earned the respect of Prosecuters and Judges because he is not afraid to challenge them on any issue.

Attorney Stivers handles the following types of family law cases:

Family Law –Divorce, Annulments Legal Separation, Paternity, Child Custody, Child Support, Spousal Support (Alimony), Property Division, Enforcement of Judgment, Restraining Orders, Grandparent Visitation, Legal Counseling, Consultations.

The Law Offices of Jeffrey N. Stivers, is located in Laguna Niguel, in Orange County California, and is dedicated to serving the needs and protecting the rights of his clients.

Jeffery N. Stivers represents clients in California as a criminal defense attorney and an authority on marijuana laws. Based in Orange County, Attorney Stivers serves the areas of Laguna Beach, Huntington Beach, Irvine, Lake Forest, El Toro, Tustin, Anaheim, Orange, San Clemente, Dana Point & Newport Beach.

The Law Offices of Jeffrey N. Stivers handles all Misdemeanor and Felony matters, as well as all Family Law and Criminal Defense cases.

Attorney Stivers is available to you 24 hours a day.

CALL (949) 364-1199

REFERENCES

Dear Mr Stivers,

I would like to sincerely thank you for all your hard work, hours of research and true care and concern for the outcome of my case. You were honest and always there when I needed to talk to you.

Marla Parks

Dear Jeff,

There is no way I can sufficiently express my gratitude to you for the passion, integrity, and resourcefulness that you put fourth in the legal representation of my son John. You were always positive and encouraging, you knew the situation inside out, you were a strong fighter the whole way, and you won the victory we were all so deeply hoping.

For more references please Click Here to download .PDF

ORANGE COUNTY'S LEADING #1 FAMILY LAW ATTORNEY

Attorney Stivers is concerned, commitment, and experienced in his practice of defending criminal cases and fighting for the rights of the innocent. If you are the victim of police aggression, DEA, unlawful search and seisure, a drug raid, or any assult on your Constitutional rights, you need to call my office now!

Attorney Stivers specializes in family law, child custody, and legal separation. He is readily available to his clients and supporting to them through their troubling time. Attorney Stivers has rightfully earned the respect of Prosecuters and Judges because he is not afraid to challenge them on any issue.

Attorney Stivers handles the following types of family law cases:

Family Law –Divorce, Annulments Legal Separation, Paternity, Child Custody, Child Support, Spousal Support (Alimony), Property Division, Enforcement of Judgment, Restraining Orders, Grandparent Visitation, Legal Counseling, Consultations.

The Law Offices of Jeffrey N. Stivers, is located in Laguna Niguel, in Orange County California, and is dedicated to serving the needs and protecting the rights of his clients.

Jeffery N. Stivers represents clients in California as a criminal defense attorney and an authority on marijuana laws. Based in Orange County, Attorney Stivers serves the areas of Laguna Beach, Huntington Beach, Irvine, Lake Forest, Tustin, Anaheim, Orange, San Clemente, & Newport Beach.

The Law Offices of Jeffrey N. Stivers handles all Misdemeanor and Felony matters, as well as all Family Law matters.

Attorney Stivers is available to you 24 hours a day.

CALL (949) 364-1199

FAMILY LAW

Family law is the name given to the branch of civil law that a family lawyer or a family attorney covers including the legal relationships among family members, including husbands, wives, parents, children, and domestic partners. A family law attorney or a family law lawyer specializes in the family law relationships which encompass adoption, child custody, visitation rights, domestic violence, divorce, juvenile dependency and delinquency, marital property rights, support obligations, and paternity. Because these personal relationships are governed by state law, what constitutes "family law" may vary from state to state.

*Divorce
*Child Custody/Modificatons/Defense Against Modifications
*Child Support
*Child Support Modification
*Domestic Violence
*Restraining Orders
*Annulments
*Peaceful Divorce

CHILD DEPENDENCY:

Child Dependency matters are cases, in which, children can be removed from the home and placed in foster care for a variety of reasons. This can be caused by allegations such as child abuse, drug abuse, child neglect, or child endangerment. Social Services is usually involved, and the goal of these proceedings is to re-unite the children back with their parents. This can usually be accomplished with changes in the home environment. Mr. Stivers will help you accomplish what is necessary to get your children back.

If you have a dependency matter, please call Attorney Stivers immediately to secure you and your children's rights.

Attorney Stivers handles the following areas of Family Law:

We also handle Child Dependency Cases. Please call (949) 364-1199 to inquire.

ORANGE COUNTY'S LEADING #1 FAMILY LAW ATTORNEY

Attorney Stivers is concerned, commitment, and experienced in his practice of defending criminal cases and fighting for the rights of the innocent. If you are the victim of police aggression, DEA, unlawful search and seisure, a drug raid, or any assult on your Constitutional rights, you need to call my office now!

Attorney Stivers specializes in family law, child custody, and legal separation. He is readily available to his clients and supporting to them through their troubling time. Attorney Stivers has rightfully earned the respect of Prosecuters and Judges because he is not afraid to challenge them on any issue.

Attorney Stivers handles the following types of family law cases:

Family Law –Divorce, Annulments Legal Separation, Paternity, Child Custody, Child Support, Spousal Support (Alimony), Property Division, Enforcement of Judgment, Restraining Orders, Grandparent Visitation, Legal Counseling, Consultations.

The Law Offices of Jeffrey N. Stivers, is located in Laguna Niguel, in Orange County California, and is dedicated to serving the needs and protecting the rights of his clients.

Jeffery N. Stivers represents clients in California as a criminal defense attorney and an authority on marijuana laws. Based in Orange County, Attorney Stivers serves the areas of Laguna Beach, Huntington Beach, Irvine, Lake Forest, Tustin, Anaheim, Orange, San Clemente, & Newport Beach.

The Law Offices of Jeffrey N. Stivers handles all Misdemeanor and Felony matters, as well as all Family Law and Domestic matters.

Attorney Stivers is available to you 24 hours a day.

Boy's mother calls balloon caper staged

By DAN ELLIOTT

DENVER The mother of the 6-year-old boy once feared missing inside a runaway helium balloon admitted the incident was a hoax, according to court documents released Friday.

Mayumi Heene told sheriff's deputies that she and her husband, Richard, “knew all along that Falcon was hiding in the residence” in Fort Collins, according to an affidavit.

She allegedly told investigators the incident was a hoax the family designed to become more marketable to the media.

“Mayumi described that she and Richard Heene devised this hoax approximately two weeks earlier. … She and Richard had instructed their three children to lie to authorities,” the affidavit said.

Richard Heene has denied a hoax.

“Allegations are cheap,” his lawyer, David Lane, said Friday.

Mayumi Heene's lawyer, Lee Christian, was traveling and didn't immediately respond to messages left with his office.

Larimer County Sheriff Jim Alderden has said he will recommend charges against the Heenes including conspiracy, contributing to the delinquency of a minor, making a false report to authorities and attempting to influence a public servant. The most serious charges are felonies and carry a maximum sentence of six years in prison.

In calls to a TV station, 911 and federal aviation officials, the Heenes said they feared Falcon was in the homemade, saucerlike balloon when it was accidentally launched from their back yard last week.

Millions watched as media and National Guard helicopters tracked the balloon across Colorado. It landed in a field, where ground crews searched but did not find the boy.

Later, the couple reported Falcon had been hiding in their garage the whole time. Suspicion heated up when Falcon made a comment on CNN that sounded like, “You had said we did this for a show.”

Sheriff's officials declined to comment Friday.

Contact the writer: lbaguio@ocregister.com

Family Lawyer, Orange County, OC, Child Abuse, CPS, Child Dependency, Socia Services

Boy Must Get Chemotherapy, Judge Rules

A Minnesota judge has ruled that a 13-year-old boy with a highly treatable form of cancer must seek conventional medical treatment despite his parents' objections on religious grounds.

In a 58-page ruling Friday, Brown County District Judge John Rodenberg found that Daniel Hauser has been "medically neglected" and is in need of child protection services.

Rodenberg said Daniel will stay in the custody of his parents, but Colleen and Anthony Hauser have until May 19 to get an updated chest X-ray for their son and select an oncologist

The judge wrote that Daniel has only a "rudimentary understanding at best of the risks and benefits of chemotherapy. ... he does not believe he is ill currently. The fact is that he is very ill currently."

Daniel's court-appointed attorney, Philip Elbert, called the decision unfortunate.

"I feel it's a blow to families," he said. "It marginalizes the decisions that parents face every day in regard to their children's medical care. It really affirms the role that big government is better at making our decisions for us."

Elbert said he had not spoken to his client yet. The phone line at the Hauser home in Sleepy Eye in southwestern Minnesota had a busy signal Friday. The parents' attorney had no immediate comment but planned to issue a statement.

Daniel was diagnosed with Hodgkin's lymphoma and stopped chemotherapy in February after a single treatment. He and his parents opted instead for "alternative medicines" based on their religious beliefs.

Child protection workers accused Daniel's parents of medical neglect; but in court, his mother insisted the boy wouldn't submit to chemotherapy for religious reasons and she said she wouldn't comply if the court orders it.

My son is not in any medical danger at this point. Colleen Hauser Doctors have said Daniel's cancer had up to a 90 percent chance of being cured with chemotherapy and radiation. Without those treatments, doctors said his chances of survival are 5 percent.

Daniel's parents have been supporting what they say is their son's decision to treat the disease with nutritional supplements and other alternative treatments favored by the Nemenhah Band.

The Missouri-based religious group believes in natural healing methods advocated by some American Indians.

After the first chemotherapy treatment, the family said they wanted a second opinion, said Dr. Bruce Bostrom, a pediatric oncologist who recommended Daniel undergo chemotherapy and radiation.

They later informed him that Daniel would not undergo any more chemotherapy. Bostrom said Daniel's tumor shrunk after the first chemotherapy session, but X-rays show it has grown since he stopped the chemotherapy.

"My son is not in any medical danger at this point," Colleen Hauser testified at a court hearing last week. She also testified that Daniel is a medicine man and elder in the Nemenhah Band.

The family's attorney, Calvin Johnson, said Daniel made the decision himself to refuse chemotherapy, but Brown County Attorney James Olson said the teenager did not have an understanding of what it meant to be a medicine man or an elder.

Court filings also indicated Daniel has a learning disability and can't read.

The Hausers have eight children. Colleen Hauser told the New Ulm Journal newspaper that the family's Catholicism and adherence to the Nemenhah Band are not in conflict, and that she has used natural remedies to treat illness.

Nemenhah was founded in the 1990s by Philip Cloudpiler Landis, who said Thursday he once served four months in prison in Idaho for fraud related to advocating natural remedies.