Rutherford County Department of Social Services
Mon, July 22, 2013
Mon, July 22, 2013
Shelby North Carolina
Rutherford County Department of Social Services Address:
389 Fairground Rd., Spindale, , North Carolina USA Phone:
828) 287-6165 Category: Child Protective Services
Rutherford County Department of Social Services DSS Legal Terrorists Lied in order to take and keep 2 children in a foster home where they are being abused. Spindale North Carolina
*Consumer Comment: ?????????
http://www.youtube.com/watch?v=6uKgr9cHBZU This is the rutherford county dss worker who stated that my children have "suffered abominable abuses at my hands for years. Everyone who knows me or my children knows this is a lie. This is the dss worker who has told me time and time again NOT to tell the judge or make reports when my children are telling me literally right in front of her that they are being beaten on and abused and they r scared and then DENEYING it in court where it counts. https://www.facebook.com/lloiann.byers this socail worker has a CRIMINAL RECORD in knoxville Tenn. where he went to colledge .... rutherford county dss worker.... https://www.facebook.com/adam.myslinski/photos I shot this video because this is the dss worker who told me i'm so insane and dangerous that i need to be "supervised" during my visits. Family friends can attest this went on for more than 9 months http://www. [continued below]....
.....youtube.com/watch?v=6uKgr9cHBZU AFFIDAVIT OF AMANDA 1. On March 25, 2011 my at the time fiancée Matthew Wishart woke me up with a cup of coffee. We then woke and fed my two children Edi and Ray. Then we went outside as a family as this was the first really nice day of spring weather we had decided to spend the day outside. We picked up tree limbs that had been blown down during a storm and had a campfire. Then we hung a sheet from a tree branch and told the kids it was a tent. We each took grocery bags and picked up trash that had blown into our yard from the road. Then we brought out the kids bubble machine and turned it on. We discussed that I would do laundry then we would eat lunch and Matthew would go to work. We had been very loud outside all day and as Matthew loaded laundry into the trunk of the car from the house I had already strapped the kids into their car seats in my 4 door '98 Nissan car and I was yelling playfully for him to "Hurry up because you're holding me up." I left and went directly to my mom's house about 2 1/2 miles up the road where I received a frantic call from Matthew that the police were at the house and kept asking about a truck. I figured maybe someone had stolen a truck somewhere in Ellenboro and that they were just looking for it. We did not own, know anyone at the time who owned, nor have any access to a truck. We were both terribly confused and upset that we had no idea what they were talking about or that we could not help them by pointing them in the right direction to whom they had been looking for. 2. I came home and Matthew went to work. When I came back to the house a strange car pulled up and thinking it was the landlady or her family I asked my neighbor who was at my house to get rid of them as I was still busy putting away the laundry and after cleaning the yard all morning I was determined to give the house a really good going over. It was not my landlady; it was DSS worker Daniel Peirce. Chris would not let him in and also Chris got frustrated over the questions about a possible assault and a truck. Chris also knew that we did not drive a truck and had no access to one, really didn't know anyone with one as our family had recently moved from Florida. When I came to the door the first thing that Daniel Peirce says to me "Where is the truck?!" After several attempts to figure out what he was talking about and assure him that I clearly have no clue what hes talking about or accusing me of I realized he was not listening to me. After threatening me numerous times he called the police. Please allow me to stop here to remind whom it may concern that as of June 1, 2010 a law was passed stating and enforcing that you do not have to talk to DSS. Furthermore the 4th amendment of the constitution of the united states of America clearly states that all persons are said to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shalle not be violated and no warrants shall be issued but upon probable cause supported by an oath or affirmation particularly describing the place to be searched and the person or things to be seized. In short I verbally asked him to come back with a warrant and I will let him into my home. Based on the law the claim and exercise of a constitional right cannot be converted into a crime! ( See "Miller vs US" source "230F2d 486,489 .) To protect my children and also my 4th amendment right I saw no choice but to put my children into their car seats and drive away. A stranger had just showed up on my doorstep and threatened my children. If I had not put them in their car seats and driven away I would not have been doing my job as a parent in protecting them. I don't care who you are if your actions and intentions are to harm or displace my children then it is my job as a parent to do everything within my power even if I have to give my life to stop a bullet to protect my children. Chris Blackwell heard Daniel Peirce tell me that he would "do everything within my power to make sure that you never see your children again!” If I had not removed my children from this situation I would not have been protecting them at all. I was taking them to a safe place in order to place phone calls to find out whats really going on and who has been driving this truck that everyones looking for seek help and contact Daniel Peirce's supervisor! 3. I had just moved to this state and had not had time to get a new license yet I did not have a physical copy of my driver's license. Although I had already compiled my information to get it the DMV had closed before I could be seen during the trip I had made there. Since I have not had any problems or traffic tickets since 2005 (one ticket for speeding) everything else on my car was legal and up to date, I assumed I was within good standing and that the police officer would be able to look up the license without a physical copy. 4. It was only later that I was told that a report had been made that there was an argument but I was never told who was being accused of arguing or why. And that my children had been thrown into the bed of a truck which then sped down the road. My babies were age 2 and 4 at the time and have never ridden in the bed of a truck before! Not even off of the road in someone's yard or driveway! They have never ridden in a car without being strapped firmly into their car seats and those car seats being properly buckled in. When Edi the oldest was first born their father and I went to the local fire department where the nice firefighter showed us the exact proper way to install a car seat and we swear by car seat safety. 5. I contacted Joy Jones, the mother of lifelong trusted friend Guy Avery King Jr. She told me that I could safely make phone calls from her house. On the way to her house I was pulled over and unlawfully detained for several hours during which my children were subjected to sit in the car in the bitter cold March winds as the temperature lowered as it got dark. I was detained far too long to keep the car running to keep the heat on. 6. I was told that my fiancé (at the time) Matthew Wishart was guilty of “domestic violence”, even though he’d never before been violent or abusive with me or either of my children and we’d never argued. I was told (by Kim Mc Donald and Daniel Peirce) that if I did not sign a paper (service plan) saying that Matthew wasn’t allowed to come home to his own home where he had lived peacefully as the main lease, and paid all of the bills for the past 6 months that they would take my children from me. Even as insane as all of this sounded to me I wouldn’t have been protecting my children from these people if I had refused to sign said document and allowed them to be taken. So I signed it under threat and coercion with no way of knowing the long term ramifications of doing so. The “service plan” also stated that even though Matthew Wishart was not allowed to come into the house that I had to go to a homeless shelter “or another safe place”. 7. I returned to our home at “556 Hollis Rd. Ellenboro” to collect a few personal belongings and clothes for the children. Once there my mother told me that she would not take me anywhere. I asked to go to my neighbor (down the road) house because I knew she would give me a ride to Path homeless shelter. I asked to go to Joy Jone’s house because I knew it was also a safe place. I tried to explain to my mother that I wasn’t supposed to stay at my house, that if I did stay there they would take my children but she insisted that if I go anywhere that I’m going to jail. So I left in the car on my way to Path homeless shelter. They never even gave me a chance to get there. 8. Matthew had requested to see the piece of paper I signed saying that he wasn’t supposed to go home where he was the main tenant on the lease agreement and where he paid all of the bills. I believed this to be a reasonable request so it was agreed that I would leave it at “Denny’s” for him which was where he worked. After being contacted by Avery King and speaking with him and Matthew to confirm that they were in the car together and not at Denny’s I proceeded to also call Denny’s and once again confirm that Matthew was not there. Once in the parking lot I drove around back and asked someone smoking a cigarette on break if Matthew had left yet. Once more it was confirmed that he was not there before going inside the building. I went in and asked if I could leave a “very important piece of paper” for Matthew. They told me “no” that they could not hold a paper there till in the morning for him. So I left on my way to Path homeless shelter for the night as I had just signed a piece of paper saying that even though I had a 2 bedroom home to go home to and even though Matthew had just been removed from it that I had to leave it. 9. They never even gave me a chance to get there upon leaving the Denny’s parking lot I was pulled over and unlawfully detained. Officer M. Burke told me that “I’m going to charge you with anything that I can charge you with.” He then proceeded to act under the color of the law to charge me with 2 counts of child abuse. Let me make clear to everyone both of my children were safely strapped into their car seats, clean, healthy, with no bruises cuts burns or otherwise signs of abuse or neglect. He also charged me with driving with my license expired which I was guilty of but I have never had a driving without license charge ever before in my life. I also had no other record of anything as far back as 2005 I had a speeding ticket. I was also not speeding, drinking, doing drugs of any sort, nor was I driving badly. 10. During this unlawful detainment of my family DSS worker Kim McDonald came to the scene and along with Officer M.Burke tried to force me to sign a false statement saying that Matthew Wishart had been at Denny’s and that I’d taken my children to him. At the time myself and 2 children had not seen Matthew in over 6 hours and I had clearly made sure he was nowhere on the premises before I went there to drop off the “service plan”. I refused to sign it. The officer refused to send another officer to Denny’s to search for Matthew until Kim McDonald insisted. Denny’s was searched and Matthew had left hours ago. The part about him being at Denny’s was remanded and I was told if I did not sign it this time that both of my children would go immediately to a foster home! So once again under threat and coercion completely unaware of the ramifications of my actions I signed the “service plan”. And then under the color of the law was taken to jail until released on bond and child abuse charges were immediately dropped upon my first appearance in court. I faced 16 days time served for driving with my license expired and currently have a perfectly legal NC driver’s license. It would be about an entire month before I saw either of my children again, even though I would be released on bond in 16 days. 11. Upon my arrest my landlord Mary Pruitt saw that I was in the local newspaper charged with child abuse and decided she “no longer wants to rent to criminals anymore” and illegally evicted myself and Mathew Wishart from our 2 bedroom house at “556 Hollis Rd”. After which I contacted Elizabeth Broccoli Housing Attorney with Pisgah Legal Services in April (828 2530406). I found out that because my church family had came out to my house and removed all of my belongings while I was in jail that I didn’t qualify to sue the landlord for the illegal eviction. I also contacted the Rutherford Institute and found out that they could not help me to sue because the laws that said landlord broke were state laws and the Rutherford Institute could only help me if federal laws had been broken. 12. I was released from jail on bond in April after searving 16 days. When the charges came to trial the "child abuse" charge was immediately dropped. I was found guilty of driving with my license expired. First time for this charge and my previous "record" was a speeding ticket in 2005. I was given time served on driving with license expired. Matthew Wishart and myself immediately began parenting classes that April. Around the 29th of April 2011 I went to my first appointment for a DSS ordered "mental health evaluation" at Universal Mental Health. 13. It was about an entire months time till DSS let us see Edi and Ray again for the first time. At that visit we took note that the kids were so dirty that they both literally had earwax coming out of their ears and down their trecheical tubes. Their finger nails were long and dirty. Although their clothes were clean they both smelled like urine. Edi at the time having been fully potty trained for a long time but Ray had just became independant of diapers only needing pull ups for naps and at night. Ray was wearing a diaper. He had fully became dependant on diapers again. We also noted that although Ray had began talking and very quickly developing since we'd moved to N.C. 6 months before he was completely silent now refusing or unable to talk. They both looked very tired. 14. In June DSS requested another mental evaluation. This time Matthew Wishart was seen by the same facility as well. We were sent to "ParkWay Behavioral Health 828 288 8773" We were assured by Aundrea Denning that this would settle DSS's accusations of "domestic violence" once and for all. I don't remember the name of the man who did the eval. but he said he'd make a reccomendation in a few weeks. It took him 3 entire months to reccommend 6 weeks of counsouling at Parkway. 16. I attended my first appointment on 12/22/11 at 3:30 with Dr. Anne Moss. When our appointment was over she asked me if it was ok if she called my DSS worker Aundrea Denning to verify that everything I'd told her was true. I told her I didn't mind as it was her job. Dr. Anne Moss called me 2 days later and told me that dispite my situation of what happened on Mar.25 2011 that she didn't see why I needed counsouling and that I was dismissed from the next 5 weeks! 17. In June of 2011 my now x fiancee and I rented a two bed room trailer in Ellenboro N.C. We remained there until our vehicle broke down in Dec. Due to this hardship we could no longer afford to keep the trailer. It was a 10 mile walk from our adress into the Forest City city limits and although we made that walk a few times to be able to keep DSS appointments, parenting classes, and a mental health eval. it was not possiable to maintain employment this way. Without a car we became literally "stuck" in Ellenboro. 18. As of Mar.1 2012 I have rented a 2 bedroom trailer, as was inspected by Andrea Denning. I have means of maintaining this residence in the form of a monthly check from Social Security Disability Benefits which a discoing fully favorable was made on Mar. 5 2012. Disability based on post tramatic stress, anxiety disorder, panic attacks, angoraphobia. This is why DSS says that I'm so dangerous that my visits with my children need to be "supervised". I don't feel that everyone whom has a mental health issue of any sort should just be blanketed as or labeled as "dangerous" or "unfit parent". 19. After a courtdate on April 24, 2012 where I was court ordered not to wear t shirts that say "Send Edi and Ray Holmer Home - Send the Holmer Boys Home" I felt that my first amendment rights had been violated. I wear the t shirts to support my family. The court insisted they upset the children whom at the time are 3 and 5 years old and cannot yet read. I contacted Rutherford County newspaper Daily Courior Editor Matthew Clark 828 202 2927. He suggested that if DSS really were so negligent and doing my family so wrong that I started getting proof in the form of audio or video. I decided to get proof that most of my visits with my children were in fact unsupervised since about July 2011. I also gathered 4 witnesses, one of whom does attest to the fact that he'd seen Aundrea Denning sleeping on my couch in my house and in her car at visits since August 2011. I was court ordered a Parental Fitness Evaluation which took place June 18 June 29 and july 6 At Carolina Mountain Pshycology by Dr. Jean Cummings 828-274 7382 20. On May 22 2012 I had an appointment with newspaper Editor Matthew Clark. I feel what is being done to my family, to seperate my children from me for reasons which have yet to even be proven in court is wrong and that people should know what happened to Edi and Ray. I had to gather some proof on paper evidence for Matthew Clark to show him I was telling the truth and I showed him my 3 witness videos and one written statement. 21. On May 29 because I released a truth no one wanted to acknowledge the judge court ordered my visits with my children "at DSS's descretion". Which ment they were no longer allowed to come home for visits. The fact that I had been visiting my children virtually unsupervised for 9 months now was completely over looked. The fact that I had been saying this DSS worker Aundrea Denning was neglectful and deceitful to the point of outright lieing about me, was completely overlooked. Her last reports on me were even used in my parental fitness reports even though her video had already became a conflict of intrest at this time. I was told that by releaseing the video that I'm "not co operating with DSS". If I were to co operate in order to have my children removed from me then I don't desearve them. And if I do co operate with people who are telling lies (about me or anything else) then I'm supporting false information by remaining quiet. 22. At my first visit after the May 29 court date 3 DSS workers were there to "supervise" my visit. At least 2 of them heard my children telling me that they were being physically abused. Adam Myslinski 828 287 6273 and Karlyn Haynes 828 447 5750 were present less than 3 feet from me as my two children Edi and Ray describe being "beaten on the hands and (bottoms of ) our feet until it burns and stings and we cry real bad by Otis Roberts and "Mrs Tisha"(they can't pronounce Patrisha Roberts so they say "Mrs. Tisha" for their foster mom's name. They named names and even described as "Otis hits harder...hits real harder". They described how often "whenever we're bad". Edi describes Ray getting beaten for taking off his carseat straps too soon. I've never abused my children and they've never seen it happen to another child. I monitior closely what they watch on tv so they've never seen this happen on tv. I immediately made the report with DSS workers Katlyn and Adam telling me not to and I even let my children speak to the abuse intake worker themselves to describe in their own words. I'm now court ordered not to have a cell phone at visits. 23. I received reports in the mail that the abuse report was received but was not Rutherford County's problem even though Rutherford County DSS had placed the children in this foster home. I was told it was Cleveland County's problem since the children live in Kings Mt. Foster home. 24. Cleveland County DSS 704 487 0661 informed me by June 12 that it wasn't their responsiablity either that its the responsiablity of the agency which licenses the foster home. Whom I made numerous calls to find out why nothing was being done. Apparently no marks were left when my children were beaten on the palms of hands and bottoms of feet. I was informed in Sept by DSS director Mary Cole over a phone call where I voiced many concerns that "the reason nothing is being done about that is because that is an allegation which you made up." 25. My Attourny and I belive this Parental Fitness Evaluation to be overly critical and extreamly bias. We belive it to have been enfluenced by DSS's negative oppinion of me. On the day of my first appointment at Carolina Mountain Pshycology I didn't know that my video of Aundrea Denning would show up on the 6 oclock news that night but Jean Cummings did. I feel that already strongly created conflict of intrest. Am currently seeking a second oppion but its hard to find private practices offering parental fitness eval. Matthew 10:19-20 19 But when they deliver you up, take no thought how or what ye shall speak: for it shall be given you in that same hour what ye shall speak. 20 For it is not ye that speak but the spirit of your father which speaketh in you.
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