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In other words, the prosecution or Plaintiff's must prove, beyond a reasonable doubt, each essential element of the crime or civil allegations charged or leveled. Until then the defendant or respondent is considered innocent of the charges or civil allegations
By: Donald Cyphers Investigative reporter
Syndicated by: Montana News
The Montana News Investigative reporter continues to hammer CPS/DPHHS over their dirty tactics in destroying good families by taking their children and then not returning them. This causes intentional psychological damage by forcing parental alienation of the children that CPS caseworkers take.
Sheila Hogan, Director of CPS, commonly called by most Montana families as the wicked witch of the West in Montana, lives up to her name as her reputation proceeds before her.
Case in point:
The Montana News Investigation into CPS has now uncovered a letter from the Division of Criminal Investigation, Department of Justice, the State of Montana to Shiela Hogan Director of the Department Of Public Health and Human Services dated March 15, 2019
Under Montana Law, there is an office called Child and Family Ombudsman (OCFO) that under Montana Code is to respond to families filing complaints against Sheila Hogan Director of CPS/DPHHS for their failure or lack of administrative acts.
This Office is also to investigate and Administrative acts whether it be department actions, or omission or negative decisions, rule, interpretation, and recommendations, policy, practice or any procedure relating to the child and family services.
This did happen.
The Montana News is investigating a case that has been going on now for about four years with the children ripped out of the home needlessly, and the caseworkers that were involved who were eventually removed, from their position.
However, the problem is that those very same caseworkers were under the direction of the CPS/DPHHS Director Sheila Hogan and they including Sheila Hogan should have been incarcerated, for what they did to this family.
In a slamming investigative report against Sheila Hogan and her CPS/DPHHS caseworkers, a report discovered by the Montana News Investigative reporter authored by the Division of Criminal Investigation Department of Justice, the State of Montana on February 14, 2018, and investigated the following cases #00543185, #00543186 and #00543187.
In this report, the Division of Criminal Investigation, Department of Justice found that Director Sheila Hogan and her caseworkers broke the law intentionally and violated a hand full of laws.
Those Laws DPHHS/CPS Director Sheila Hogan and her caseworkers broke were the following:
MCA41-13-202(6). also, the CFSD Policy 201-2, 202-3 and 202-4
A report that was received by the CFSD Hogan categorized as CPS P2. That Complaint filed, on February 12, 2018, against CPS/DPHHS Director Sheila Hogan and her caseworkers.
The Child and Family Ombudsman (OCFO) under The Division of Criminal Investigation Department of Justice, State of Montana, had asked for an FFA report from Sheila Hogan and her caseworkers. FFA is the (Family Functioning Assessment procedure)
This family functioning assessment was requested at least five times in writing and at least eight times verbally, yet DPHHS/CPS Director Sheila Hogan ignored such requests both in writing and verbally.
The dates that those requests were carried out were between the dates of March, April, May, June, July, and August 2018. Director Sheila Hogan directed her Caseworkers to ignore the requests, and they were acting under her direct orders.
The OCFO under the Division of Criminal Investigation, Department of Justice, State of Montana had discovered that one of the caseworkers that was directly working against the innocent family wea out on leave and was not returning any phone calls or messages and would not be in till around October 2018.
Later it was discovered that the CPS caseworker would not be returning to CFSD. The CAPS recorded that the ending date as November 17, 2018.
On or about December 6, 2018, the Acting Regional Administrator for a DPHHS office later told investigators that the Family Functioning Assessment was not completed. Sufficient notes to complete the FFA could not be located.
Investigators later discovered that the Acting Regional Administrator of DPPHS in that region and a regular basis had a lack of proof in their documents and most cases did not keep documentation.
The evidence further established that under the direction of CPS/ DPHHS Director Sheila Hogan, this was a common trend in the CPS caseworkers Mode of Operandi in this particular Montana region.
Shelia Hogan should be sweating by now!
However, no, it just gets worse.
The lack of Communication between caseworkers and the fact the court not advised of the truth, speaks volumes of how DPHSS Director Sheila Hogan operates the Montana DPHHS/CPS offices and caseworkers.
In this particular case, CPS had no documentation on any communication to the court, letting the court know that a parenting plan had been in place between both parents and that it was for 50.50 parenting time. No court order was made or has been made to date to formalize the voluntary arrangements.
Under MCA41-3-202 CFSD 201-1 regardless of ongoing discussions for voluntary services to be provided, a voluntary protection services agreement was not completed by CPS caseworkers under the direction of Shiela Hogan.
Under MCA 41-3-101 CFSD 201-1 evidence was located that indicated that many professionals acted outside of their scope of practice and contrary to legally established policy.
Procedures were not followed nor were set practices followed. Again this was under the direction of DPHHS/CPS Director Sheila Hogan.
Because of Sheila Hogan's Directions to her caseworkers, this caused severe damage to the family and the children. This action also impacted CFSD from gaining a clear assessment of the family functioning together in unison and as one accord.
Under the forced rules by CPS, the so-called therapist regularly engaged in what is called a "Dual" relationship with the family. This therapist will be named in a later news article as this therapist has a long history of being a hired gun by CPS, conducting practice similar if not precisely as a disbarred therapist and formerly hired Billings CPS gun Donna Veraldi. Veraldi was caught lying to the courts on behalf of CPS caseworkers.
This article can be found here:
Billings Child Protection Service Contracted Psychologist Donna Veraldi's License #125 Officially Administratively Temporarily Suspended
Not only did it affect the parents, but is directly affected the children's welfare from being returned to the parents.
Another highly unusual action was that one of the attorneys wrote a letter to a former therapist being accusatory. The Court Ordered CPS If at any time, reports are received or given to Child and Family Services, which relate to parental alienation, and found substantiated, parenting time will revert to Phase one.
DId this happen HELL NO!
Were their reports of child and parent substantiated alienation? HELL YES!
Under the direction of DPHHS/CPS Director Sheila Hogan, her caseworkers turned a blind eye to this.
Of course, this is not the only case, and this is happening all over the State of Montana where DPHHS/CPS Director Sheila Hogan is directing her caseworkers to ignore such info as this then prevents her Department from access to federal funding after they adopt out Montana Parents children that CPS caseworkers seized illegally.
A child's outpatient therapist provided information to an inpatient therapist, a HIPPA violation, Yet no one cared about this.
The violation list goes on and on.
DPHHS was told to review the case with extensive collateral information and get the FFA family functioning assessment completed and updated ASAP.
DPHHS was told to review communications between field offices and providers to ensure information is shared appropriately and within the scope of their practice.
Train field staff to confirm the information provided by collaterals that appear outside of their scope or appears exaggerated in nature to fit a caseworker agenda, whatever that may be.
Moreover, this list goes on and on.
Montana legislatures, face the facts; the Montana DPHHS /CPS is crumbling at the foundations under the direction of DPHHS/CPS Director Sheila Hogan.
This article was published by: Donald Cyphers Investigative reporter License# USPA-ID-US/VI-01/29995