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NY Court Decision Endangers Parental Rights

September 6, 2010

N.Y. Appeals Court Denies Motion Related To Death Threat In Regards To Sexual Orientation and Gender

In 2005, Rhonda Mangus, of the City of North Tonawanda, took a stance after her 14 year-old son, Michael, was facing violence at his school which ended with a death threat, hand written, related to the fact that he is gay. As a result and fear for her son’s safety, Mangus took her son out of the North Tonawanda Senior High School, located in North Tonawanda, New York.

Pulling Michael out of school, resulted in North Tonawanda High School principal James V. Fisher filing an allegedly false report of educational neglect against Mangus. The charge was ‘unfounded’ by Niagara County Department of Social Services caseworker, Rita Williams. The second charge filed by another North Tonawanda School District employee in 2007, and investigated by Niagara County Department of Social Services caseworker, Robin Stroud, was ‘founded’. Reportedly, Mangus has a copy of Stroud’s investigation report, unredacted.

As a result of pulling Michael out of school, Mangus was indicted for Education Neglect by the New York State Office of Children and Family Services in 2007.

In April of this year, a Motion for Reargument or for Leave to Appeal was denied by the Appellate Court, Fourth Deparment. This led to the filing in the Court of Appeals, in May by Magnus, the Motion for permission for Leave to Appeal.

Translation: of course Ms. Mangus’ motion was denied. There’s a huge cover up by courts that protect parties like the State and State government entities like OCFS from their employees misconduct. Often it’s not the elected officials that are the problem, but the employees entrenched in the system that perpetuate bad policies and power abuse.

The New York State Court of Appeals, New York’s highest court, denied the Motion for permission for Leave to Appeal. This creates an issue that parents should watch closely. By not hearing this case, the State of New York has left it open for school authorities and social services organizations to strip parents of their power to protect their children against hate and violence at school.

Michael has since obtained his General Education Diploma in August of last year. As a female illusionist, he performs at Illusions, a club and entertainment complex, in Buffalo. This would certainly lead to the fact that Mangus pulling him out of school certainly did not effect his education nor his ability to pursue a meaningful career.

Update: See related story, Chief Judge Jonathan Lippman’s Decision Endangers Parental Rights, which includes a link to the court transcripts and much more information on this case and the injustice that has been done by the “inaction” of this court.

This is more NY corruption at the expense of good families. Exactly why should American taxpayers have to pay for legal defense funds for NYS and OCFS for this?

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