Grievance Hearing Request Filing I Danny McGowan am requesting a grievance hearing based evidence and witnesses of Wrongdoing/Procedural Misconduct

by Moreno Valley CPS social workers, supervisors and regional managers and failure to comply with the CSS Manual policy and procedure. I am the Great Uncle of R and G I am requesting that the Kids be returned immediately pending this hearing. There has never been a safety or risk issue with R or G in my presence. Children Received 3-17-12 Placement Agreement DPSS 2688/Renewed on 7/3/12 for a expected duration of 6 months.( See attachments) 1st Unlawful Removal of R and G from Caregiver Foster Parent Removed after 4 months of care based on False Statements by Christina Hernandez. June 21st 2012 Removed by CWS Christina Hernandez during a weekly visits that had been going based on for four months. Spoke to Christina Hernandez CWS on June 21st and she claims to have said statements to me that Amelia (biological grandmother to r and g) was not to have contact outside of MorenoValley CPS office. This is emphatically untrue as I stated to Pat Oboyle on the phone on the 27th a day prior to returning the kids to my care also emphatically stated at the TDM July 3rd. This was the sole reason for removing the kids the first time on the 21st of June. It had nothing to do with said bruising on chins of R. The investigator stated the bruising normal after responding to CPS office emergency referral. This was witnessed by supervisor Wendy Sainato and Christina Hernandez. Onsite investigator stated the bruises where normal for a kid her age. Christina decided to make a false claim regarding our conversation regarding Amelia and her visits with R. Christina told me prior to June 21st removal that just to let her know prior to Amelia going out to visit the kids at my home. I was unable to do so due to the fact that Amelia never told me she was coming over and showed up unannounced on all occasions. Christina reiterated her false statement to me at the TDM meeting. Stating at TDM July 3rd she clearly remembered telling me Amelia was not to have visits outside of CPS. This is a false statement that I clearly addressed at the TDM as incorrect. (Recorded) Returned on the 28th of June to Caregiver after 3rd appeal to superiors. 1st appeal denied by Christina July 21st 2nd appeal denied by Sainato July 27th 3rd appeal to return to caregiver by Pat Oboyle asst. RM- during this conversation (recorded) Pat agreed with me that this situation could have been handled differently. I pleaded that I did nothing wrong and this never should have happened. Pat stated that at the scheduled TDM on the 3rd of July we will address these referrals, tell them to stop and any future referrals would be deemed vindictive. July 27th 4:50 2nd abduction of R and G from Caregiver by Christina Hernandez

R and removed from Caregiver Danny McGowan July 11th 1:15 PM after Christina Hernandez responds to an emergency referral call from Alisa Vasquez and or Amelia McGowan from a Funeral Home in Colton Ca. I was there to arrange burial for my mother. Alisa Vasquez is the daughter of Amelia McGowan and a coconspirator to making previous false statements and referrals to Christina. Both claims by Amelia and Alisa where unfounded: one from Riverside Moreno valley CPS and Los Angeles CPS. Christina responded to my vehicle about a block from funeral home at 1:15pm. I was in the presence of 2 police officers, Christina/her assistant and an employee of mine (5 People). She approached me outside of vehicle and asked what happened. I stated I was there for funeral arrangements, she replied skip all of that why did you leave the kids in the lobby with Amelia and go outside? I stated I never went outside and left the kids in her presence, there was never a visit. Never did I make the statement I left the kids in the lobby and went outside as she falsely claimed on July 11th (Recorded). On July 12 8:00AM reiterated as the reason to permanently remove the kids from my care (recorded). I contacted Christina on the 17th of July 1:00PM (recorded) and again she reiterated my statements to her on July 11th that the children will not be returning due statements I made to her on July 11th and that she was unable to speak and arrange a meeting with her supervisor to discuss my contentions to her decision. On July 12th she stated she would contact supervisor Wendy sainato to discuss my contentions with kids removal. Christina has totally ignored me and multiple requests to speak to her. Appears shes on a gag order just as her supervisor authorized by RM Rosemary Jiron. Last we spoke July 17 she stated she was going to arrange a meeting with supervisor and call me back. To this day of July 31 she has not responded. Christina - Failed to deem emergency response call from Vindictive Amelia and Alisa as referral allowing for a proper investigation to be conducted. Fails to document with 36 hours formal of emergency statistics and documentation regarding incident. Fails to formerly inform with documentation the reasons for removal from foster parent as required in CSS manual. Instead fabricates lie to forever withhold children from my care. Christina failed to consider the facts and make considerations that Amelia and Aliass previous claims of abuse and wrong doing where unfounded in two counties. Consideration Required by CSS manual regarding emergency response referrals and protocol. Instead chose to make false allegations of my statements to her on July 11th. Christina- my evidence will prove falsified statements I made to her and used it as a basis to permanently remove kids from caregiver two times in a three week period. Removed from caregiver foster parent first time June 21st the second time July 11th. I recorded the July 11th conversation as well as witnessed in front of 5 people in a public setting 1:15pm. CWS worker Christina Hernandez violated the Riverside Code of Ethics for public service employees. Christina- speaking to her on July 12th at 8:15 (recorded) I told her that I had a recording of everything I had said to her on July 11 1:15PM and that I had an audio tape of the environment at the funeral home that will prove Amelia was never visiting with Rayleen or Gus she immediately changed her tune and said I will speak to my supervisor Wendy Sainato and we will see about arranging a meeting to discuss my claims and her claims. Never hearing from Christina from June 12th until June

17th she claims that she was unable to discuss or arrange a meeting between Wendy Sainato, Christina and Me. To this day of July 31 Christina has not returned any of my calls or replied as she stated she would call me back regarding a meeting with Wendy and Me and Christina. My video/recorded/witnesses evidence will prove I never left the funeral home for any other reason but to leave the facility after completing funeral arrangements in private never in Amelias presence nor the children R and G. There was never a disruption or disturbance at funeral home my audio tape will prove (recorded entire funeral home environment 45 minutes showing no communication or contentious environment between me, Amelia and the kids.). Amelia was in a conference room with Raquel and Alisa her two daughters. At funeral home thereno words where ever spoken at all on July 11th between me and Amelia. To this day Wendy refuses to discuss case citing gag order from Rosemary Jiron and Christina has never replied with arrangements for meeting for the three of us to discuss case and circumstances. Wendy Sainato has violated her responsibilities to adequately supervise her subordinates, allowing for this case to totally run amuck. Wendy Sainato- finally spoke to Wendy after calling her every day since the 11th on July 19th 12:00PM she stated that Rosemary Jiron had told her not to discuss any aspect of the case with me (gag order). To this day of July 31 she has not responded to multiple calls for discussion and reasoning why kids removed. Wendy has failed to do her job causing total disruption to due process and case management. Phamplet for grievence provided by Rosemary clearly states in step two to discuss contentions of removal with supervisor. Ignoring me and put on Gag order from Rosemary is not putting the childrens best interest first. Pat Oboyle - Asst RM (note Rosemary was on vacation on July 11th and 12th)Pat Oboyle (acting RM) and I spoke July 12th 5PM claimed I caused a disturbance at funeral home argument in lobby, which is totally inaccurate. Again my audio tape/and witnesses of funeral home visit will show no disruption what so ever. No words ever exchanged by me to or from Alisa or Amelia. Pat never stated my statements to Christina where a reason for removal. She repeatedly asked why am I recording I replied to protect myself. Christina has made false claims against me. Pat claims a disturbance on my part at funeral home and CPs as reason for removal of children from caregiver foster parent. The children where never exposed to a toxic enviorment as Pat and Rosemary claim on July 24th meeting. June 11th in parking lot after requesting a supervisor to discuss CPS visit procedure and Amelias unusal demeanor, Pat OBoyle attempted to demean me and my character as a problem/ruckus maker which could not be further from the truth. Pat has failed to perform her duties in a honest/considerate professional capacity. She has attempted character assignation by threating me at the cps office with police for simply exercising my rights as a certified great uncle caregiver to be informed regarding visit decisions, procedures, and looking after the best interest of the kids. Previous conversation with Pat Oboyle asst RM ( recorded) June 27 prior to replacing kids after first removal. We have not been clear on what the expectations are or parameters of anything is , that can lead to communication problems. First of all I would like to thank you for taking care of the 2 kids. We really appreciate relatives that step up to the plate. We have a lot of kids in the foster care and our preference is always, always, always to place with relatives rather than complete strangers. Thank you

for doing it and I appreciate everything you have done to this point. I really understand your family has been through it. Really hard to have referrals made against you especially when you have tried to really hard to provide good care. Let me tell you why we are asking for the TDM. We want to have a TDM so we can get other family members together to tell them its not in the best interest of the kids to phone in referrals claiming horrible things against you and kids are removed and everyone is traumatized. So please stop doing this and lets work together. Our fear is that if we place back before we have TDM and they call in another set of referrals. Because there is two counties involved with this there just going to go in remove kids again and do all of this over. I know your referrals where unfounded. What we want to do is say we have had this TDM and there are not any concerns of abuse or neglect, this is the understanding we have with this and any future referral to please consider them vindictive and identify what is going on with this case. I apologize for removal, apparently somebody claims they saw marks and it sounds like things could have been handled differently. I am going to agree with you on that. My concern is future referrals with no TDM. We want to document that you met all terms of the TDM youve been investigated and everything unfounded. You are the best placement choice for these children and any future referrals please considered as vindictive. We need the other side of the family to agree they need to stop doing this and thats part of the reason we want to have this meeting and either to on record that we dont agree, want on record we are not concerned and we want to place with you (Danny). I dont believe these referrals are going to stop with these two children. I hear you and that you want the children and if at the end of the day I can do everything to see that the kids be returned to you tomorrow (6/28/12) When I witnessed Pat OBoyles demeanor towards me on July 11th at CPs Parking lot it was shocking (totally inconsiderate and unprofessional). A total 180 degree change from TDM and June 27th conversation. What happened between June 28 and July 11th to have her change her attitude towards me I am unable to explain? She flipped out on me for no reason. Appears to show extreme prejudice towards me. Note: At the TDM Pat did not do what she said to me over the phone on June 27th TDM goal is to address any future referrals would be deemed vindictive. Instead she stated that any future referrals would be investigated. The call to Christina Hernandez on July 11th was a referral from the same vindictive people (Amelia and alisa ) and to this day a investigation has not been conducted as pat vehemently stated at tdm. (recorded) Rosemary Jiron spoke 17th claims family dynamics , bunch of pieces where reason for removal. Claimed issue with tdm drug test (results negative) (did not mention on 24th meeting as a reason removal), claims issue with cps office visit at 10am on July 11th as another issue. Claims that Her (Rosemary), Wendy Sainato , Christina Hernandez, Pat OBoyle , Corrina Viramontes all together and made a decision. If this is considered a administrative review panel the mother Guadalupe Cejudo is required to have option to be present, and she was not afforded this opportunity as stated in CSS procedural manual. This group decision was based on false/inaccurate/misleading information from Christina and Pat OBoyle. I pleaded with her that the truth needs to be heard and demanded a contact visit with her. It was denied for 50 mins than at the last 5 mins she agreed to meet with me on the 24th Rosemary Jiron RM states reasons for removal was family dynamics, bunch of pieces, contention,

amongst family members. I never contended with anyone on July 11th at cps office or funeral home and my evidence will prove that. Rosemary claims contention in front of children at funeral home and this if false. Rosemary claims contention everywhere and this is false. Rosemary states that its not you as to the reason for removal (recorded) this is a true statement. Rosemary stateskinda one piece cps visit reason for removal. I requested another TDM and was denied by rosemary and pat. Rosemary claims at meeting that I place children in toxic situations. This is false. The toxic situations are visits orchestrated by Christina with a physically , mentally , emotionally unfit grandmother, and Christinas toxic false statements against me used to abduct children. (recorded) Pat stated on July 24th meeting that Christinas response to funeral home was not a referral or an emergency response as defined in CSS manual polices and procedures. This is false. Rosemary instead calling it a FR case on July 24th meeting Pat claims I was disruptive at Cps office July 11th this is false and evidence will prove. Rosemary states too crazy and she is right July 28th meeting. Crazy is removing kids and fabricating lies by social worker , combined with unprofessional and dishonest managers and supervisors. Too crazy by not putting the kids best interest first. On July 12th Amelia called me (recorded) admitted she overreacted at cps and the funeral home and if I agreed to bury mother she would go to CPS and explain facts about the funeral home and CPS visit on July 11th. I do not have a relationship with Amelia for 18 years, we seldom talk if ever, she lives a different self-destructive lifestyle than I do. Video evidence of July 11 cps lobby incident will prove Amelia had a central nervous system contraction behind the neck , severe pain, daughter Alisa massaging neck to relieve pain. These are signs of detox or withdrawals from synthetic heroin use of 10 years, receiving pills from my mother Lydia arthritis prescription. I had never witnessed anything like what I seen that day, appeared she was about to have a heart attack. Corrina Virramontes stated at TDM that any person under the influence for drugs would be cause for termination of visit. This is a failure of supervision of visitation and was not done as agreed and stated at TDM by Corrina and Pat. Christina Hernandez failed emergency Assessment requirements to give consideration of previous 2 unfounded referrals by Amelia and Alisa on July 11th 12:15PM as specified in CSS manual. Christina Hernandez failed to make adequate emergency response assessment . An in person investigation was never required. A simple phone call to me would have settled all the nonsense. Instead she chose to use this opportunity to abduct the kids from caregiver and again make false statements claiming I stated something to her that I never did. (Evidence to prove). July 11th Removal. Christina failed Emergency Response Protocol by not documenting evidence and or not truthfully documenting incident July 11th. ( my evidence will prove) Failure to document incident withing 36 hours as required by CSS manual.

Christina, Wendy, Pat, Rosemary failed to properly cite July 11th emergency response by Christina Hernandez to funeral home as referral from Amelia and Alisa. This is required by the CSS manual. Knowing it would require a investigation exposing Christinas false statements: abducting children under lies and color of authority. Evidence will prove that is exactly what has happened. Moreno Valley cps has failed to give certified foster parent modification of case plan notification clearly stating reason why the children removed. This is required by the CSS manual. I am demanding that Christina Hernandez be removed from this case, she has repeatedly shown prejudice, bias, and fabricated false statement twice to unlawfully abduct children from my care. I have fully complied with TDM requirements. Amelias behavior (false referrals/ vindictive /belligerent demeanor) was never cited as a risk or safety issue at TDM meeting or on TDM summary Form. To this day July 31 nobody has ever directly stated to me that Amelia is not to have contact with Amelia outside of CPS, nor is it documented in TDM safety and action plan. Nowhere on the TDM forms does it state a contentious, vindictive relationship between me and Amelia as a potential future problem for kids. On page 3 it was identified as a strength by family coming together for the kids. On page 3 it states we have worked together in the past for the children. CPS Moreno Valley has clearly violated the multiple terms of the TDM DPSS 3670. See attachments TDM. Moreno Valley CPS social worker, supervisors, regional managers have broken the terms of the TDM dated July 3rd (see attach) and signed by all parties to this case. See attachment: No toxic, contentious, animosity, relationship was ever cited. (see2-3 page TDM attachment) Only later to be claimed by Oboyle and Jiron as basis for removal. In fact it states family has worked together on page 3 (see attach.) I have completed all conditions requested in TDM page 2 (see Attach). Nowhere on the TDM summary does it cite any animosity/contention amongst caregiver and Grandmother and Aunt as a potential for a safety and risk issue. If there was a safety or risk issue it should have been documented and addressed. This was not an emergency placement DPSS 2688 clearly states a 6 month term from July 2nd. Note: we had already had the children for 4 months, for a total of 10 placement month plan of foster EFM Caregiver status. CPS Administration morenovalley failed to hold administrative review with at least 1 person not responsible for case management. 31.002 CPS moreno valley Failure to investigate Caregiver incident report DPSS 3694 dated July 19 regarding the children abduction by Christina Hernandez. This failure to investigate the facts has caused great trauma and harm to my family and the kids. I cannot think of a more egregious act from CPS staff who have a responsibility to be honest, truthful, professional when handling childrens futures. Childrens best interests are not being addressed and executed in this matter. Events on July 11th 2012 at Moreno Valley CPS office for visit with maternal grandmother Amelia McGowan

Arrived 10:10 from Los Angeles 10 minutes late with less than 24 hour notice Upon entry to CPS lobby I seen Amelia was present and I asked the visit supervisor to be present Amelia yelled "no." This was the first time I had seen Amelia since the July 3rd meeting. Since my mothers death on June 29th 2012 Amelia has never told/notified me that mother had died and what where the circumstances. I asked Amelia if she could tell me what happened to mom. She stated "no because of what i did to her?" (Broke down emotional unstable, got loud, verbally unstable, mentally unstable, unable to stand up, hyper ventilating, could not stand up for 5 minutes). Her actions exhibited her negative physical, emotional state and are not good for kids to be around her. Amelias vindictive and anti-social personality was clearly visible. Corrina Virramontes stated that any person that shows up to a visit under influence the visit to be terminated. I have video of Amelia that shows she had a central nervous system contraction grabbing the back of her neck in excruciating pain. These are signs of detox. Visit supervisor stated visit would be between kids, two daughters and maternal grandmother only. I agreed asked for supervisor to discuss procedure and Amelias unusual demeanor. During the visit I was never in anyones face, loud, obnoxious, confrontational or causing a "ruckus" as Pat RM claims. It was Amelia that was unable to control her verbal, mental and physical state. Visit supervisor can attest to Amelias demeanor. I simply asked her what happened to mom and she became emotional and belligerent. Visit officer stated "if you would like to talk to supervisor your welcome to" and I agreed. I stayed in Lobby Waiting for supervisor and Amelia left for visit. While waiting outside and speaking to a coworker Pat and another staff member approach me in parking lot. Appears Pat may have been the supervisor to respond to my request and she never gave me a chance to speak to her. She stated that I was causing a "ruckus" and for me leave the area go get a drink, is asked why she would not tell me. Pat then demanded to get off property or she would "call police" for what reason I do not know. My presence was peaceful from arrival till time told to leave property by Pat for no clearly stated reason. I had been professional throughout my presence. Pat claims that I was taking video of cars while outside and this is inaccurate. Amelia was not in my view nor did I completely know where this visit was taking place as I am not from area (live in Los Angeles) and never been to CPS office for visiting and or procedures and locations of visits. Standing near our vehicle place Pat exits office and claims "ruckus" inside and i need to leave or she will call cops, I responded that there was no ruckus on my part, Pat insisted there was a ruckus and did not give me a chance to state anything and providing clarity to the situation. I immediately left as left as requested. Went to Deltaco and got large drink returned to area and parked in park. Pat claims (July 12 2012 4:50pm) that I simply did an "immediate" U-turn upon exiting and went to park to disrupt visit which is inaccurate. My presence at park was not to return to CPS property because I did not want to annoy Pat or possibly get the police called on me. By coincidence Amelia was at park, If i had known she was present at park I would not have went there. Only after exiting the vehicle going to sit at park bench did I realize that this was the park the visit was taking place. Walking to a park bench the Visit supervisor Shannon was there and stated that I was welcome to stay at bench. Amelia and kids proceeded to go to the play area that is easily 100 yards away. I spoke to visit supervisor and I stated

that this was not planned and I did not know she was here at this specific park until i exited the vehicle and went to sit down at park bench. I stated to visit officer i did not know what park. To me it appears there are two parks on opposite corners with one having a recreation center on the corner. Visit supervisor stated that my presence at park was "fine" as long as i stay where I was seated and cause no interruption. I replied thank you and fully cooperated and sat down at table. Pat stated I was filming at the park and that is inaccurate. Amelia was a football field away opposite side of park. Pat claims i was harassing visit and thats unequivocally untrue. . I was in park for 40 minutes with "visit supervisor approval" and professional as three county visit supervisors can attest. Visit ended and children were returned to me and I left. Proceeding to 215 fwy to go to funeral home to find out about my mothers funeral arrangements (Amelia has refused to discuss anything regarding the death and arrangements) , funeral director stated he would not talk to me on phone so it was imperative to go there. Funeral Home Situation Pat inaccurately claims that there was an argument at funeral home in the lobby. Amelia was never in Lobby my entire time there. I have audio recording of entire time at funeral home that clearly proves my statement. The demeanor of my presence was peaceful throughout. Never did Amelia have a visit with R or G. The entire time Amelia was in a "sterile environment" a "conference room" with Raquel and Lisa her daughters. Never did i exchange "any words" with Amelia my entire time there. Reason for Removal from My Care Christina claims that I stated to her "I left the kids in the lobby with Amelia and went outside" leaving the kids in her presence, this is a false statement. I have 4 witnesses as well other evidence for my time at the funeral home and of statements made to Christina on July 11. I never made any such statements to Christina as she claims and used as her basis for permanently removing the kids from my care. People responsible for Vindictive Referrals as identified at TDM and with telephone conversations with Pat Oboyle. When Pat returned the kids the first time she stated on phone that the main reason for the TDM was identify and address the vindictive referrals and to make sure in the future they would be deemed vindictive. When Christina was called on July 11th she responded in an emergency response capacity and investigator. She received the call from Alisa the daughter of Amelia and co-conspirator to making 2 previous vindictive referrals investigated and found to be unfounded in two counties. Amelia and Alisa Vasquez vindictive and destructive past and present behavior/referrals and total disregard for childrens well-being and future are well documented. I was promised appropriate considerations would be made for any future referrals from Alisa and Amelia by Pat and Wendy Sainato at TDM. When Pat returned the children the first time she stated that the TDMs goal was to make sure that all future referrals from Amelia or Alisa would be deemed vindictive. At the TDM meeting Pat clearly stated that any more referrals against me would be investigated. Christinas response to the funeral home was a referral from what appears to be Alisa. Alisa is the daughter of Amelia. So far no professional investigation has been conducted and if this document cant resolve the inaccuracies I am requesting an investigation be brought.

Rosemary Jiron stated that the reason for removal was a bunch of pieces. Repeating many times that family dynamics were an issue. Total nonsense. My evidence/witnesses will prove. Please allow R and G to return home to A loving family with kids and caretakers they have bonded with. We have a history of providing quality care for children and family members. I have complied with TDM requirements. Proven that there is no safety risk to anyone in my care or presence. R wants to be with us. We are the first people to give her a stable environment. R has bonded with us and any professional child care worker will attest to this. G has bonded with Liz Trejo and has greatly improved since his arrival. From dormant state to completely interactive and alive. R has never shown any sign of intimidation by me as stated by C. Hernandez at TDM. R is Happy and says she loves me constantly. She states she loves house I made for her, dogs, fish, cat. It is in the best Interest and well being for the children that they be returned. The children have never been at risk or safety in my care. I love these kids and R will attest to this. These children have a right to be placed qualified, certified and completely compliant family members. Marcia Butcher a 20 veteran CWSIII worker for Cps Riverside came to our home on July 12 to confirm safety of 3 children we have guardianship of. Marcia spoke with Christina on the phone and told her that she did not see what Christina sees as concerns regarding home, food, surroundings, unsafe environment. All 3 children were interviewed privately, external body check and all concerns regarding safety were addressed. The children removed 2 twice in a 3 week period without consideration as to the factual circumstances and False statements by Christina Hernandez. Removal is not good for their well-being and is not placing their needs first. I was told at TDM and on telephone calls with supervisors that I would receive professional consideration due to the vindictive nature and character of Amelia and Alisa Vasquez false claims and allegations and that they would be considered vindictive in the future. Pat said that was the full intention of the TDM on July 3rd (recorded).

Danny McGowan Great Uncle R and G