IN
THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
| Lynne Clayton and Kirt
W. Clayton and Barbara E. Clayton, as Parent and Grand Parents and Natural Guardians of Marc Anthony Clayton, a Minor,
in their own right, 2731 W Porter Street Philadelphia PA 19145
Plaintiffs Pro Se
v.
Children's Choice, Inc.
Drs. Bill & Carolyn Eberwein Scot Plaza Two, Suite 325 Philadelphia, PA 19113 In
their individual and joint capacity as a privately owned Pennsylvania company having annual
sales $12,903,467.00
Defendant and
Honorable Kevin Dougherty Administrative Judge, Family Division
1801 Vine Street - Suite 314 Philadelphia, PA 19103 In his individual capacity
and as a culpable accessory to Fraud, Illegal Adoption and Kidnapping due to administrative negligence in
DHS #0286930A; DP #D34440612; J #3906701
Defendant and
Honorable Margaret T. Murphy Supervising Judge 34 S.
11th Street - Room 209 Philadelphia, PA 19107 In her individual capacity and as a culpable accessory
to Fraud, Illegal Adoption and Kidnapping due to administrative negligence in DHS #0286930A; DP
#D34440612; J #3906701
Defendant and
Marian Yongu Human Services Program Administrator Department
of Human Services (DHS) 1515 Arch Street, Philadelphia, PA 19102 In his/her individual capacity
and as a culpable accessory to Fraud, Illegal Adoption and Kidnapping due to administrative negligence
in
DHS #0286930A; DP #D34440612; J #3906701
Defendant | 2:09-cv-04695-TJS
1. PETITION IN FORMA PAUPERIS
2. COMPLAINT NATURE
OF CASE:
ILLEGAL ADOPTION
HUMAN TRAFFICKING
FINANCIAL INCENTIVE KIDNAPPING
CIVIL RIGHTS VIOLATIONS
CERTAIN Court of Common Pleas FAMILY COURT, PHILADELPHIA DEPARTMENT
OF HUMAN SERVICES, DHS AND ADOPTION AGENCY EMPLOYEES HAVE REPEATEDLY VIOLATED PLAINTIFFS' CIVIL RIGHTS AND THEIR EMPLOYERS'
POLICIES AND MISSION STATEMENTS TO KIDNAP A LOVED WANTED CHILD, FOUR (4) YEAR OLD MARC ANTHONY CLAYTON AND COMMIT
ILLEGAL ADOPTION CRIME ON 10/13/2009 FOR FINANCIAL INCENTIVES (FRAUD). JURY
TRIAL DEMANDED DAMAGES: $100,000.00
RELIEF PRAYED FOR: NULLIFY ILLEGAL ADOPTION SCHEDULED
10/13/09 and return Corrupt Philadelphia Family Court Kidnapped for Profit Victim, Four (4) Years Old DHS Victim Plaintiff
Marc Anthony Clayton to Protective Plaintiffs Mother and Grandparents. |
COMPLAINT
COMES NOW, in our own right, Lynne Clayton, Kirt W. Clayton, Barbara E. Clayton, as natural
guardians and protective Parent and Grand Parents of four (4) year old minor, Marc Anthony Clayton, (hereafter referred to
as "Clayton DHS Victim Family Plaintiffs"), in our own right and complain in this United States District Court Eastern
District of Pennsylvania, to set right what is wrong ("redress"), and provide attached Exhibits A, B, C, and D to
justify as fact the following averments:
1.
Clayton DHS Victim Family Plaintiffs are in possession of voluminous tangible and community witness proofs which record twenty-five
months endured repeated victimizations inflicted by Defendants, including civil rights violations which led to, illegal adoption,
human trafficking and kidnapping for financial incentive; and fraud of Philadelphia, Pennsylvania, Department of Human Services
Contracts Administration and U.S. Department of Treasury Internal Revenue Service. See Philadelphia City Paper, by Doron
Taussig, Published: Dec 4, 2007, "Fighting to have their voices heard, local mothers unite and challenge DHS policies"
attached hereto as Exhibit A.
2.
Defendant, Children's Choice, Inc. Foster Care and Adoption Agency ("Children's Choice") is a privately
owned Pennsylvania company having annual sales of approximately $12,903,467.00 and is owned by Drs. Bill & Carolyn Eberwein.
3. Defendant,
Children's Choice, is a Philadelphia Department of Human Services contract service provider who receives payment from Philadelphia
Department of Human Services for foster care and adoption placements. See Phila.gov Department of Human Services official
website and contract service provider list attached hereto as Exhibit B.
4.
As a paid contract service provider, the owner's of Children's Choice, Inc., Drs. Bill & Carolyn Eberwein, have no way
of knowing whether or not a child offered to their company for placement by corrupt or negligent Family Court and DHS administrators
has or has not been kidnapped for financial incentives.
5.
Drs. Bill & Carolyn Eberwein, as owners of the privately owned Pennsylvania company, Children's Choice, receive payment
for placement of any child offered by Philadelphia Department of Human Services and enjoy annual sales of approximately $12,903,467.00,
with no criminal liability for participating in the human trafficking for profit of a kidnapped child. See
Children's Choice History, Children's Choice Mission Statement attached as Exhibit C.
6. Clayton DHS Victim
Family Plaintiffs suffered repeated and prolonged civil rights violations inflicted by administrative negligence, incompetence
or deliberate complicity of Defendants, Philadelphia Family Court Administrative Judge Kevin Dougherty and Supervising Judge,
Margaret T. Murphy, including but not necessarily limited to Illegal Adoption, Kidnapping and Human Trafficking for financial
incentive and fraud of Philadelphia Department of Human Services Contracts Administration.
7.
Multiple civil rights violations over the period of twenty-five months have led to Philadelphia Family Court ordered kidnapping,
human trafficking for financial incentive and illegal adoption scheduled 10/13/2009.
8.
Capital crimes of kidnapping and human trafficking for financial gain were made possible by Defendant Administrative and Supervisor
Family Court Judges' administrative negligence within and throughout file numbers, DHS #0286930A; DP #D34440612; J #3906701.
Voluminous paper proofs span twenty-five months of documented repetitive civil rights violations promptly provided upon request
of this Court. (In excess of 200 pages).
9.
Defendant Marian Yongu, Human Services Program Administrator, Department of Human Services (DHS) has failed to perform the
Office of Contract Administration duties description competently. Marian Youngu in his/her individual and professional
capacity as Human Service Program Administrator is culpable for having played a negligent role in the crimes suffered by Clayton
DHS Victim Family Plaintiffs including but not necessarily limited to illegal adoption of a kidnapped child; fraud of funding
sources of Philadelphia Department of Human Services; civil rights violations and human trafficking for financial incentive
relative to the Family Court's negligent administration of files numbers DHS #0286930A; DP #D34440612; J #3906701.
See Phila.gov official website Department of Human Services Contract Administration home page attached hereto as Exhibit D.
10. Employees of Children's Choice and Department
of Human Services (DHS) Robin Steinman Program Coordinator; Renata Louis, Social Worker; and Latasha Vassor, Social Worker,
violated their employers' official policies and mission statements such that employees share culpability for employee misconducts
which led to kidnapping, human trafficking for profit, fraud and multiple civil rights violations crimes suffered by Clayton
DHS Victim Family Plaintiffs within and throughout the Family Court and Department of Human Services negligent administration
of file numbers, DHS #0286930A; DP #D34440612; J #3906701. See Children's Choice Core Values attached hereto
as Exhibit B.
11.
All captioned Defendants and social worker employees named in Paragraph 10 are criminally liable for defrauding Internal Revenue
Service and other financial assistance for adopting families agencies and funding resources.
12.
The Foster Care provider and financially incented foster provider, Eunice Crandall, 2615 Hancock Street, Philadelphia, Pennsylvania
19145 is in the business of foster care for profit and has financial incentive for illegally adopting kidnapped victim minor
child even though she is aware child is kidnapped for financial gain by negligent administration of file numbers, DHS #0286930A;
DP #D34440612; J #3906701; and lives in the same community as Clayton DHS Victim Family Plaintiffs.
13.
Eunice Crandall recently adopted special needs child, has four other foster children in the house and is financially enticed
to receive $10,000 Internal Revenue Tax Credit for illegally adopting loved wanted kidnapped victim child, Marc Anthony Clayton.
14. Four (4) year old Clayton DHS Victim
Family Plaintiff, Marc Anthony Clayton, has experienced several injuries while in the over crowed foster care of Eunice Crandall
having been attacked and injured several times by the older special needs child recently adopted by Eunice Crandall.
Photographs of the child's injuries are known to captioned Defendants and Children's Choice social worker employees who have
scheduled illegal adoption for financial gain on 10/13/2009.
The federal government offers an adoption tax credit
of $10,000 to all adoptive families on qualifying expenses paid for a child's adoption. In addition to this some states offer
an additional tax credit or income tax deduction for families that have adopted a child. For more information contact IRS
at www.IRS.gov and look up publication # 968.
15.
Constitutional Bill of Rights violations inflicted upon Clayton DHS Victim Family Plaintiffs during a period of at least twenty-five
months, for which all captioned Defendants and Children's Choice and DHS employee social workers share culpability.
The
Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens
may not be tried on the same set of facts twice, and are protected from self-incrimination (the right to remain silent). The
amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without
just compensation.
The Sixth Amendment assures the right to a speedy trial by a jury of one's peers,
to be informed of the crimes with which they are charged, and to confront the witnesses brought by the government. The amendment
also provides the accused the right to compel testimony from witnesses, and to legal representation.
The
Seventh Amendment provides that civil cases also be tried by jury.
The Eighth Amendment prohibits excessive
bail, excessive fines, and cruel and unusual punishments.
The Ninth Amendment states that the list
of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated.
The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the states, to either the
states or to the people.
WHEREFORE, Clayton DHS Family Victim Plaintiffs respectfully
petition this Honorable Court to proceed with Complaint In Forma Pauperis because twenty-five months prolonged multiple victimizations
of Philadelphia Family Court and DHS Defendants inflicted upon Clayton DHS Family Plaintiffs caused the poverty of Victim
Family Plaintiffs. Clayton DHS Family Victim Plaintiffs are not able to pay the filing fee to eventually ask this Court
to Nullify the Illegal Adoption for profit of kidnap victim four (4) year old Marc Anthony
Clayton scheduled 10/13/2009. (Paragraph 1)
Clayton DHS Family Victim Plaintiffs pray the United States District
Court for the Eastern District of Pennsylvania Protect Civil Rights of kidnapped minor child, Marc Anthony Clayton and Nullify
Illegal Adoption for profit scheduled 10/13/2009.
Clayton DHS Family Victim Plaintiffs pray this Honorable
Court return Philadelphia DHS kidnap Victim Plaintiff four (4) years old, Marc Anthony Clayton, to his Natural guardians and
Protective Plaintiffs Mother and Grand Parents.
Respectfully submitted,
CLAYTON DHS FAMILY VICTIM PLAINTIFF
______________________________________
LYNNE CLAYTON,
NATURAL MOTHER
______________________________________
KIRT W. CLAYTON,
NATURAL MATERNAL GRANDFATHER
______________________________________
BARBARA E. CLAYTON,
NATURAL MATERNAL GRANDMOTHER
Date:
EXHIBIT A
CORRUPT PHILADELPHIA FAMILY COURT AND DHS
POSITIONED EMPLOYEES' VICIMIZATION OF CLAYTON FAMILY VICTIM PLAINTIFFS
SPANNED 25 MONTHS AT TIME OF US EASTERN DISTRICT
OF PENNSYLVANIA COMPLAINT
http://citypaper.net/articles/2007/12/06
ISSUE . December 6th 2007
NEWS .
Mama Drama
Fighting to have their voice heard, local mothers unite and challenge DHS policies.
by Doron Taussig Published: Dec 4, 2007
| Michael T. Regan
TORCH BEARER: Tilly Ayala's protests have morphed into a growing support network for
mothers seeking to get their kids back. |
child welfare
Barbara Clayton has
only three minutes to speak, but she could stand up here for hours. She would gladly unburden herself to this room, filled
mostly with women, about her nightmarish journey through the child welfare system: the unreturned phone calls, the dismissive
treatment, the apparent insistence on the part of the Department of Human Services (DHS) to put her grandson up for adoption.
Instead, she just explains how she's "been working very hard to get my grandson back." But even this brief divulgence
seems cathartic, because Clayton knows these women understand.
The group that Clayton is talking to is a gathering
of parents who've had their children taken into custody by Philadelphia's DHS. They've convened in West Philly's Tabernacle
United Church on this rainy Monday night for a meeting of the Every Mother is a Working Mother Network. EMWMN formed in 1997,
to oppose what organizer Pat Albright calls welfare "reform" because the group believes that society should give
financial support to mothers. Recently, it's focused on the child welfare system, and particularly on parents whose children
are in government custody. Philadelphia is ripe for such a group. DHS had already removed children at a higher
rate than child protection agencies in New York City, Los Angeles and Chicago when, last fall, The Philadelphia Inquirer
launched an investigative series about the agency. The paper revealed numerous cases in which DHS decided to leave children
in their homes after receiving reports about them, and the children were harmed, sometimes fatally.
EXHIBIT A (continued)
CORRUPT PHILADELPHIA FAMILY COURT AND DHS
POSITIONED EMPLOYEES' VICIMIZATION OF CLAYTON FAMILY VICTIM PLAINTIFFS
SPANNED 25 MONTHS AT TIME OF US EASTERN DISTRICT
OF PENNSYLVANIA COMPLAINT
http://citypaper.net/articles/2007/12/06
Beginning in October 2006, social workers responded by doing what they probably thought
was "playing it safe." They began removing children at an increased rate. Between October and the end of January,
1,367 removals were conducted, a 28 percent increase over the same period in 2005-06. The spike leveled off in February, but
shot up again in June. When child removals go up, so does the number of mothers who feel their children have been wrongly
taken from them.
EMWMN might never have engaged child welfare had it not been for the stick-to-itiveness of a woman
named Tilly Ayala. Ayala's two children, then 3 years and 6 months, were taken in 2004, she says, after her (now former) husband
scared passers-by on a beach by saying that he had a baby for sale.
"It was a joke," Ayala says.
Since then, Ayala's children have been in the system, living with her ex-husband's relatives. Over a year ago, after unsuccessfully
trying to get them back through traditional methods - attending parenting classes, etc. - Ayala began protesting in front
of DHS headquarters. Every Thursday afternoon, she stood in front of 1515 Arch St., holding signs that said things like, "DHS,
Give Us Back Our Children." At first, nothing came of the effort. But people gradually began to take notice. Ayala ran
into Albright, from EMWMN, who took an interest in her cause; other parents, visiting the DHS building to deal with their
own cases, began to join her, as well.
These parents were women like those at the recent meeting: like Clayton, whose
grandson was taken from her daughter-in-law because of the woman's drug problems, and who found it infuriatingly difficult
to get DHS to consider her as a possible caretaker for the boy (her cause was harmed by the fact that she'd been estranged
from her daughter-in-law, and hadn't known her grandson well). Or Nina Boyd, a mother who believes that DHS was called to
her house because she was a black woman living on a mostly white block. She says the agency took her children away, claiming
she had roaches, and because her children had some absences from school.
It's very difficult to assess these stories
because DHS can't discuss individual cases, but the underlying policy debate is clear. Generally, society should separate
children from their parents only under dire circumstances, when the children are at definite risk. And indeed, DHS's protocols
emphasize "family preservation."
But EMWMN believes the agency interprets the word "risk" too
liberally. DHS, they say, equates "removal" with "safety"; EMWMN believes the safest place for a child
is almost always in his parents' home. It's bringing aggrieved mothers together to create a child welfare system
in this image.
EMWMN is not yet a formal organization with an official membership. Rather, its core group meets at
least once a week, and is working to define the organization's role. Already it has succeeded in becoming a lobbyist for family
preservation: A few months ago, DHS Commissioner
EXHIBIT A (continued)
CORRUPT PHILADELPHIA FAMILY COURT AND DHS POSITIONED EMPLOYEES' VICIMIZATION OF CLAYTON FAMILY VICTIM PLAINTIFFS
SPANNED 25 MONTHS AT TIME OF US EASTERN DISTRICT OF PENNSYLVANIA COMPLAINT
http://citypaper.net/articles/2007/12/06
Arthur Evans walked by one of Ayala's protests, struck up a conversation, and invited her to join the agency's
community advisory board. "I think one of the things the Department can't afford to do and be is defensive," Evans
says.
Since then, Ayala, Albright and a few others have attended meetings where they've tried to drive home the message
that DHS takes too many kids from their families. Evans, who has been at these meetings, agrees "with their basic premise,"
and says that family preservation "has been the consistent message we've given" since taking over last year. His
administration, he says, is "actively working" to reduce placement rates by implementing a new guide for assessing
children's safety, among other things. He wonders whether the activists' "personal experience hasn't caught up with our
philosophy."
Those personal experiences are another aspect of child welfare that EMWMN is trying to change.
In addition to lobbying, the group has become a resource for individual parents caught in the complex system. In the past
few months, Albright says, EMWMN has helped people appeal to unresponsive workers' supervisors, and put cases in front of
the commissioner. (Evans confirms this, though emphasizes that while DHS makes recommendations on removals, the final decision
lies with a Family Court judge.) A couple of women they've worked with have even made progress in getting their children back
- though not Ayala.
EMWMN has also stood next to women during difficult hearings, which leads to the third thing
EMWMN has tried to do: Act as a support network. "You can hardly imagine anything more painful than losing custody of
your child," Albright says. At the meeting tonight, the shared pain in the room is palpable; people gasp and sigh while
Clayton, Boyd and others relate their stories. Also obvious is the release these folks feel as they spit out their harsh feelings
about DHS. Some believe the agency's contractors hoard children for profit; some think there's no distinction between DHS
and the Nazis.
These critiques ring false to people who know DHS workers. But these women have lost their children.
Who could blame them for their anger? Certainly not Clayton. The next day, she would learn that, after months of desperate
pleas, DHS had finally assented to inspect her house and consider her as a custodian for her grandson. But she wants to remain
part of the group anyway.
"I told Pat Albright, 'I'll be happy to stick around and help,'" Clayton says.
"You have to stick together."
EXHIBIT B
Culpable
Employee Social Workers
Robin Steinman Program Coordinator
Renata Louis,
Social Worker
Latasha Vassor Social Worker
Children's Choice, Inc.
Foster
Care and Adoption Agency
Scot Plaza Two, Suite 325
Philadelphia, PA 19113
In their individual capacity and as employees who violated their employer's policies.
| |
| |
| |
| |
| Name
| Children's Choice, Inc. |
|
Address | Scot Plaza Two
Suite 325
Philadelphia, PA 19113 |
| Phone |
(610)521-6270 |
| Agency
Type | Adoption, Foster Care |
| Service Provided |
Family Foster Care, FFC/Medical, Caretaker/Kinship Care, Treatment/Foster Care
Click here for the Glossary of Terms |
Children's Choice, Inc. Mission Statement
Children's Choice provides community-based, specialized, Christian services.
Children's Choice
serves as a bridge for individuals who are in need of
the re-integrative processes of family living.
Intensive, individual, supportive casework counseling services empower clients to
achieve their highest potential
as responsible citizens.
Core Values
- To be committed to serve.
-
To uphold Christian values.
- To provide and promulgate positive family environments.
- To promote family reunification.
-
To facilitate choices, respecting each individual's right to choose.
- To work in a team oriented approach.
-
To provide the physical, psychological and spiritual needs of others.
- To stimulate personal growth and self determination.
-
To be agents of faith.
- To encourage and enhance social consciousness.
EXHIBIT
C
Children's Choice, Inc.
Drs. Bill & Carolyn Eberwein
Scot Plaza Two, Suite 325
Philadelphia, PA 19113
In their individual
and joint capacity as a privately owned Pennsylvania company
having annual sales $12,903,467.00
Children's Choice History
Children's Choice was born on April 1, 1982, in Chester, Pennsylvania,
founded by Rev. Drs. William and Carolyn Eberwein. With faith and determination, God has blessed our efforts and multiplied
our capacity to serve his children.
Today, we are 27 years old, and currently serve well over one thousand
children in four states and the District of Columbia.
Children's Choice Vision
Drs. Bill
& Carolyn Eberwein
In the Bible, the Book of James, chapter 1, verse 27, says that the perfect religion is to
take care of the widows and the orphans. Our calling is to serve God by serving His children. Our prayer is to achieve permanency
for everyone entrusted to our care through the vehicle of servant leadership.
With the demise of the welfare program
in the 1990s, and the epidemic of terrorism in much of the world, the need for human services has never been more intense.
The statistics bearing witness to these needs are overwhelming. There are millions upon millions of neglected, abandoned and
abused children, as well as multitudes of abandoned aged and infirm sinking into poverty and despair.
All of these persons need loving care. The task is daunting and we struggle to continue our high quality services while
expanding them into many different states within the United States of America and to other nations where such work may be
needed.
God does not ask us about our ability or our inability, only our availability and we stand ready, able and
willing! Won't you join us in our efforts by becoming a foster parent, adoptive parent, a financial investor or a prayer partner?
The need is great and we covet your support. Call us at 1(800)LA-CHILD and we will discuss the ways you might join us
in this most wonderful work.
EXHIBIT C (continued)
Children's Choice, Inc Business Information
Children's Choice, Inc is a private company categorized
under Childrens' Aid Society and located in Bellmawr, NJ. Our records show it was established in 1982 and incorporated in
Pennsylvania. Current estimates show this company has an annual revenue of $12,903,467 and employs a staff of approximately
140.
| Annual Sales (Estimated)
|
| $12,903,467 |
| Employees (Estimated) |
| 140 |
| SIC Code and Description 8322, Individual and Family Social
Services NAICS Code and Description 624110, Child and Youth Services |
State of Incorporation Pennsylvania Years in Business 27 |
Exhibit D
Defendant:
Marian Yongu
Human Services Program Administrator
Department of Human Services
(DHS)
1515 Arch Street, Philadelphia, PA 19102
In their individual capacity
and as a culpable accessory to Fraud, Illegal Adoption and Kidnapping due to administrative negligence
in
DHS #0286930A; DP #D34440612; J #3906701
Welcome to the
Contract Administration Home Page
The function of the Division of Contract Administration and Program
Evaluation (CAPE) is to integrate, enhance, and better coordinate contract and performance evaluation functions in the divisions
of Children and Youth, Juvenile Justice, and Community-Based Prevention. In addition, CAPE provides contract development and
preparation assistance to the Department's Administration and Management division.
With 82% of the Department's
budget allocated to purchased services, the contracting and performance evaluation processes are critical to the accomplishment
of the DHS mission to ensure the safety, permanency, and well being of children and families in Philadelphia.
This new division is responsible for
- translating the Department's goals and objectives
into service provision contracts
- centralizing the process of evaluating what works and which providers have consistently
achieved optimal performance
- assuring all contracts contain performance standards that monitor achievement and assist
DHS in making well-informed decisions about services funded by the Department.
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