Motion to Dismiss

  1. Kindly edit this Motion to Dismiss to be on lined numbered paper evenly spaced.
    Please use footnotes for legal references.
    Please add clickable table on contents in possible.
    Please organize and improve upon 4 arguments as follow.

    (1) Improper Notice is prejudicial and misleading
    Respondent and Children have not received proper notice
    The notice should include a proper social study, sent 10 days before the court in writing.
    That social worker report/study should include compelling evidence why the children should not be returned home in order to sustain a continued case because the court is supposed to presume at each hearing that the children should be returned home as soon as no danger is present.
    It should also give the children the opportunity to express their wishes and include this information in the report.
    The lack of proper notice also prevents respondent from filing a proper defense.

    (2) Children are not limited from seeking modification of orders or asking to court to terminate jurisdiction as a matter of statutory law. In fact the children have requested the court to terminate is jurisdiction.
    Subpoenas should be issues for the social worker, rafel moultrie – husband of respondent, nakeya clark foster mother.
    These three people will provide testimony that they have heard S. Brown (4 years old) and P. Brown (3 years old) expressly state the want the court to terminate jurisdiction. They have uttered in their age appropriate words “Mommy is the best and I want to go home now”

    (3) It is past the Statutory limitations to continue bringing this claim. Respondent presents evidence that these cases are past the limit and cannot be litigated in court without denying the respondents due process rights as well as causing harm to the children because of the extended temporal placement. the statutes provide remedies for cases beyond the deadline and that is that they are dismissed.
    Moreover continuances cannot be granted without a showing of food cause and not good cause has been provided or state in the minute of the court.

    (4) The agency has failed to meet its burden of proof that children fall under the statutory definition of dependents as described in section 300 of WIC at the prima facia or clear and convincing level. To meet the elements of abused or in danger of abuse, neglect or danger of neglect, evidence or a showing of proof is required. Either physical injury or emotional behavioral outbursts stemming from the parent’s conduct