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April 14, 2007 permalink
In August 2005 we reported the story of the girl Emily Lake maced by police in Oregon and rushed back to foster care in Michigan. Most recently, she was visited by her mother in July 2006. Here is the latest report from Ann Durand on the mother being sentenced for kidnapping her own daughter.
Mother Sentenced to 30 days
On April 5, 2007 Lynnae Lake was sentenced to 30 days in Jail in the Midland Michigan County Jail for custodial kidnapping of her own daughter from the Department of Human Services on May 28 2004.
She was tried and convicted under MCL 750.350a .
If you are parent and your spouse refuses you parenting time for 24 hours, a weekend or a week or for whatever period just try to get a police officer to take a police report. Just try to get a prosecutor to file charges. It is not going to happen in this state. Believe me I know several people who have tried. The police officer will tell you "it is a civil matter you will have to hire an attorney and go to court". Upon contacting the legislature and requesting and receiving a copy of the legislative intent of this statute it is quite apparent it was not meant to be used by the Michigan DHS in a case like this especially when DHS worker is the one who is deemed to have been the custodian, committed numerous illegal and unconstitutional acts that precipitated the mother's actions.
The DHS says the verbal order to a DHS worker of a referee is a legal order. They say an order with a judge's forged signature is a lawful order. They say it is ok that the worker entered a private Christian School after being challenged by the principal as to his right to demand entry and to interrogate another child of this mother and threatening the principal with calling the police. The worker had no court order in his hands, no warrant to search when he did this. (blatant violation of the 4th amendment) Workers in this state MAY enter a PUBLIC school and interview your children without a warrant or court order. But no state actor, police officer or DHS worker has the right to enter on to any private property without a warrant or exigent circumstances. The worker in this case lied to the principal and told him he had a court order. He did not. He has admitted in court he did not. He held her 17 ½ yr-old daughter behind locked doors in a room in the school physically restrained her and told her not to talk to her mother. This is illegal seizure under the law. Ms Lake was ordered by the principal to take her younger daughter and leave the school. She did.
Also if you will read the statute below you will see the actual statute.
For the complete story go to www.fcr4kids.org/
Emily is still to this day in the custody of DHS and the same adult sister who helped plan this travesty. She is not allowed to see her mother except in a tiny room with a 2 way mirror with a DHS worker in the room. They see each other for 1 hour sporadically at the whim of DHS. This is 20 months after the brutal taking and pepper spraying in the face of this child by police officers and being threatened with attack dogs. She watched the officers beat her mother in front of her as she begged them not to hurt her mother.
Here is the link to the Michigan Custodial Kidnapping statute.
Keep in mind there was NO (lawful) giving the DHS worker custody of this child.
Keep in mind if you are a parent the state will not charge your ex spouse or significant other with this statute which was written to protect your rights as a parent.
This mother was never served with a summons nor did anyone from DHS even so much as call her to appear for hearings of that day or subsequent days. They held a trial 2 months later without proper notification, no attorney for mother, and took unlawful hearsay evidence as fact. The so-called victim, the 17 ½ year old daughter did not testify in the dependency hearings in the probate court. Only the DHS worker did.
Source: AFRA CenCom posting from Ann Durand