Problem
Ontario County, State of New York Child Protective Services came to my home January 2017 on a False complaint filed against me by my son's mother.  The caseworker used her own "Personal Concern" violating her State Ethics, and called my son's mother to come pick up my son Logan. There was No Crime committed by me (the father). Child Protective Services has operated under the assumption that parents were not protected by Constitutional Rights provided for by the Fourth and Fourteenth Amendments of the United States Constitution. As a result, social workers often would conduct child interviews, search homes and ultimately remove children into state custody without court approval. Recently, the Federal Court of Appeals for the Sixth Circuit has held there is no social worker exception and social workers must comply with the protections of the Constitution. This means they must first obtain court approval before interviewing children and before taking children into State custody.  Exigent circumstances means there must exist an immediate threat of harm to the child. The threat must be clearly articulatable and not just a general concern for the general welfare of the child.  My son Was Not in Immediate Danger, Nor was my son in Imminent Risk of harm to himself or others. CPS Caseworker violated 42 U.S.C. 1983.  There was no probable cause for Child Protective to call my son's mother to come pick him up to remove him from me.  I was suppose to have back surgery stemming from a car accident in 2014 and had asked my son's mother to help in April when my back surgery was scheduled for.  The caseworker used her "Own Concern" for my son and not the fact that Statutes and Social Services Law, nor her job description to help put a safety plan into place.  My son was sick in January 2017 with a viral stomach bug, missed 7 - 9 days of school. Missed 16 days of school in the beginning of 2016 - 2017 school year due to 2 bouts of Strep Throat.  So my son's mother when asked to help in April 2017, told me no, she turned around and filed a False CPS Complaint against me.  Violating Penal Law 240.50 Class A Misdemeanor.  Then she went to Ontario County Family court and filed and Order to Show cause and gave "Sworn Testimony" falsely reporting to the judge the information to be true.  Committing Perjury, Misleading the court judge to believe my son was in immediate danger and imminent risk of harm being with me all because of my back surgery that was to take place 3 months from January (April 2017).  Perjury to a Judge in Court under oath violates Penal Law 210.10 and is a class E Felony.  Ontario County CPS did Not file for removal in any Family Court proceeding that was suppose to take place within 72 hours as mandated by State Rules of CPS and Rule of Court for removal of a child or children. The case has been transferred to Seneca County Family Court, and tried as an Article 10 "Child Abuse / Neglect" case with false, misleading, documentation provided by the County Assistant Attorney and the Social Services CPS Caseworkers involved, they also fabricated  false Allegations with the Non-Respondent Mother. I continue to file Motion after Motion, and Petition in Family Court that continues to be Dismissed. by Seneca County Family Court. Currently Seneca County family Court does not have a permanent Family Court Judge, and has "traveling Judges" sit in on Family Court Cases. Dismissals are a deprivation of My Constitutional Right to Due Process, under Title 42 U.S.C. 1983, Equal Protection under the Law, Bias in family court. . My son Logan continues to have "Suicidal thoughts" to harm himself because he wants to be back home with me Stephen C. P. The Loving Father that has raised Logan since he was born, and on my own since the tender age of 2 1/2 yrs old with Sole Custody. I am all that my son Logan knows. Recently, again Logan expressed "Suicidal Thoughts & Self Harm" if he can't come back home with me (his father) but this time it was done in the presence of CPS Caseworkers at "Supervised Visitation." Which is unjustified, and was court ordered in early 2018 after Trial by Judge Bender. The CPS Caseworkers did Nothing about my son's Suicidal thoughts of harm to himself wishing his life would just end, and not be alive anymore if he can't be back home with me. The Law Guardian for my son continues to violate New York State Law Guardian Rule Of Court to the child Logan. By Not "Zealously Advocating the child's position, and wishes, even if the child's wishes are against the Law Guardian's opinion what he / she feels is in the best interest of the child. . New York State Rule of Court 7.2 Law Guardian Responsibilities to the Minor Child.  The Assistant County Attorney continues to tell me that my son's mother has "Sole Custody."  No she does not, I checked with family court Chief Clerk of the court who has told me that is not true.  Logan is in the custody and care of Seneca County CPS, and Temporary Placement is with the mother.  So again, the lying continues, by not only my son's mother, but the Assistant County Attorney for Seneca County. My son's mother even filed a False Misleading Police report, after leaving me a voice message telling me to "go ahead and take Logan for a mental health evaluation for CPS, "I won't take my son to a mental health evaluation for CPS", I'm doing it for my son Logan.  But my son's mother turned around and told the Local Police that I wasn't home and didn't know where our son was with me.  The Local Police department was looking for me all over the city in which I live in.  I went to the police station and played the voice mail for the on duty officer in charge, and a report was generated stating that the "Child's mother left a voice message for the father giving him permission to take the child for an evaluation, she clearly knew where the child was with the father."   Falsely reporting to Police an incident of his magnitude is a violation of Penal Law 240.55 / 240.60 again a Class A Misdemeanor.    My son's mother continues to lie to every agency she communicates with, and she's getting away with it.  Serial Lying is a Mental health issue.  My poor son is learning this type of behavior.  With my son diagnosed with Autism he is very vulnerable to all types of different situations.   There was even a Physical Fight at the mother's house between her boyfriend and her son that took place in the presence of my son.  My son's mother's former / previous boyfriend called me on my cell phone "making death threats" against me.  He was arrested within 24 - 48 hours, and only held in city jail overnight and released after arraignment, and issued an appearance ticket to return to court.  He paid a fine and walked away with no jail time and no probation.  Seneca County CPS Casework September 5th 2018 violated my HIPPA Rights.  The Caseworker called me asking me personal medical questions over the telephone.  I told the CPS case worker you have a signed release to get medical records from my PCP why are you asking me these questions.  Clearly he didn't know asking medical questions over the telephone is a violation of HIPPA Law.  I wouldn't answer all the questions I was being asked.  I was intimidated into answering the questions against my will and better judgement.  I could site so many more violations of law by Ontario County CPS Caseworker, and Seneca County CPS, and it's Attorney, and My son's mother, but it would be more than enough to read as it is already.   My son as allowed / given permission to violate Ontario County family court order to take Logan to the state of South Carolina in 2017 during summer vacation.  I told the CPS Caseworker that's a violation of the court order, because the court order clearly states that Logan is not to be removed from Seneca County or Ontario County by either party (parent). My son's mother was "Aided & Abetted" by Seneca County CPS and It's Caseworkers and the Assistant County Attorney for CPS.  That in itself is also a crime, not to mention aiding and abetting is a crime, but violating a court order is also a Crime committing Contempt of court.    

Solution
Stop New York State Child Protection Services from "Legally Kidnapping" children from "Good Families" that are wrongfully accused of "Neglect or Abuse" of their child. Stop CPS from Perjury by Submitting False "Sworn Affidavits, Documents, Petitions Ex-Parte', Violating "Ex Parte Prohibition, One Sided, gaining a Substantial tactical advantage over the opposing party (other party) (Me / Father) to Family Courts" that harm families and their children. Including my son Logan. I am afraid for My son Logan's Future, if he continues to have suicidal thoughts to end his life being in the situation he is in for the past 19 months, and having these types of thoughts several times over the past 19 months ever since being with his mother, her boyfriend, and her family.  My son has remorse for what his mother has done to him, and wishes his life would just end, and wants to die to escape the situation if he can't come back home with me.  I'm very afraid what the future holds for my son.  I pray to God every day and every night that nothing happens to him.  If anything happens to my son, I will hold both Ontario County and Seneca County accountable through the appropriate legal authority..  .

Personal story
Stephen C. Pine, I reside in Ontario County, In New York State on Beautiful Seneca Lake area. My son Logan has been diagnosed in 2015 with Autism (Mild to Moderate). No One in the CPS Agencies be It Ontario County or Seneca County nor Family Court are familiar with "Autism Characteristics & Traits." I Stephen C. Pine have been wrongfully accused of "Child Neglect, or Emotional Harm, causing my son's educational performance to be impaired." Which is wrong, False, Misleading information presented to the Family court Judge at time of Trial. The Attorney I did have as a Public Defender, would NOT do what I asked of him to do, to present all documents as Evidence and ask the questions I asked him to ask each witness when called to the stand. My son has had Suicidal Ideology, Thoughts of Self Harm ever since his removal by his Mother at the "Wrong doing, Illegal Activity" on the part of Ontario County Child Protective Agency Case worker Lindsey Harris. I am being deprived by Due Process of Law, in Seneca County Family Court By Judge Joseph Nesser. I have filed Complaints against Paul Blakley ESQ, (Law Guardian), Assistant County Attorney David Ettman, Donna Cathy, ESQ Attorney for Non-Respondent Mother; with the "Attorney Grievance Committee" in Rochester, New York. I have also done my research and will continue to do so on New York State Statutes, and Court Rules; CPLR, FRCP. I have been fiercely advocating for my son now going on 20 months after removal and even Prior to his removal for "What his Civil Rights are, and Civil Liberties are afforded to him constitutionally, even in the Educational Setting; being "Special Education 6:1:1. With a Diagnosis of Autism yet again by another Psychologist more recently in 2018. My son's mother, her boyfriend, and her other children are associated with "Criminals" (Rape, Incest, Bank Robbery, Meth Production, Possession of Meth, Cocaine, Controlled Substance Not prescribed, Pedophile Incest with the use of force & blunt object). Guilty By Association; and Seneca County CPS along with the Ontario County CPS Case worker, and Ontario County Family Court on an "Ex-Parte" (Prohibition) OTSC (Order to show cause) sworn testimony "one sided." placed my son Logan in "Substantial Harms way" and continues to reside in the home where this is the threat of harm to himself, and by others in and around the home of my son's mother, boyfriend, and her other children. My son Logan, has had a Pillow placed over his face suffocating him, has had his face smashed into the couch cushion, has been hit in the back of his head several times causing emotional and physical harm, hit on the back of his neck several times causing emotional and physical harm, has been told Not to go to bed / sleep by a half sibling, and that if my son were to go to sleep, and not come out into the living room with the half sibling; that the "half Sibling" (brother) stated to Logan that he would kill himself if Logan went to bed to go to sleep and didn't come out into the living room with his half sibling. "Emotional Harm / Distress" caused onto my son Logan. My son has called me several times over the past several months all hours of the night 2am, 3am, 4am, 5am. July 10th, 2017 my son Logan called me crying telling me that he "had a steak knife in his hand, and that he was going to slice his throat if he can't come back home with me." Seneca County CPS workers - made that "Report to CPS" & the New York State Central Registry; "Unfounded against the Parent (guardian) (Mother), yet "Indicated" me the Father, instead to build their case against me on false allegations, misleading the court, and all attorney's involved to include the Psychologist of Seneca County. I am emotionally drained, and sick over all that I have tried to do, to get my son back home. Causing myself more harm by doing "Everything in My Power" as a "Warrior" and Strategic Fierce Advocate. I will not Go Away, and Seneca County CPS knows that I won't. I have made it very clear to everyone that I will not stop until my son Logan is Safe, Out of harms way, Not associated with Criminals, Not Associated with his mother and boyfriend who are "guilty by association" with Criminals that have been in and around his mother's home, and until I am able to get my son back home with me where "HE WANTS TO BE, and I want him to be because he wants to be back home with me. I have protected him from Egregious CPS, and School Personnel, with all of their wrong doing to my son Logan. Even Violating New York State Education Regulation(s). K-5 grade students 5 hour day = 25 hours per week. Yet my son Logan has to be at school at 8:20am otherwise he is considered late. So what is what I tell them. State Department of Education Regulation (Law) states that all k-5 children are Not to have more than a 5 hour day at school. I have even made "enemies" with the school administration. I don't care, I am not there to be their friend. I am there to "Protect the Rights of My son Logan Educationally." I will continue to do so once I am able to do so again. Just as I am trying to do in Family Court, but my Right to Due Process, is being Blocked at every turn, the card are stacked against me, and against my son with his wishes wanting to be back home with me. I want him back home with me, so he isn't in Emotional and Physical Harms way anymore. 2 years is Enough. Enough is Enough !!! I've had it; but I'm driving myself crazy trying to do all of this alone; being my own "Admiral, General, Fighting the War" against CPS, alone.
I will be filing for "Injunctive Relief against both Ontario County CPS (Social Services) and Seneca County CPS (Social Services) with Federal Court" as soon as I'm able to do so. There are No Clear Winners in this case. Everyone is being harmed by the wrong doing that has been taking place for the past going on 2 years by Ontario County CPS (Social Services) and Seneca County CPS (Social Services). I will eventually have my day in court. I will be suing both Ontario County Social Services for what they have caused to happen and allowed to happen to my son Logan, that started this entire case, but also Seneca County CPS Social Services will also be held accountable for this actions as well. I WILL HAVE MY DAY IN COURT, BUT I NEED HELP.. ( THIS IS MY CRY FOR HELP FOR MY SON) BEFORE SOMETHING HAPPENS TO HIM LIKE MANY OTHER CHILDREN WHO HAVE COMMITTED SUICIDE UNDER THE AGE OF 13)