NOTICE OF 42 U.S.C. 1301(d) EXCEPTION: FORMAL OBJECTION
___________________________________________ _______________County Family Court File #:_________________
To the local IV-D agency:
shall serve as notice of my decision to invoke my federal statutory right to
object to the local agency’s continued delivery of all Title IV services on
behalf of my child, including but not limited to Title IV-D in the above
mentioned case. My authority for such
objection is found under section 1101(d) of Title XI of the Federal Social
Security Act (“SSA”) of 1935. The language used in this Title XI general
provision applies to all aspects of the SSA, and is free of all ambiguity; it
means what it says. There is no
42 U.S.C. 1301 (d): “Nothing in this act shall be construed as authorizing any federal official, agent, or representative, in carrying out any of the provisions of this act, to take charge of any child over the objection of either parents of such child, or of the person standing in loco parentis to such child.”
The United States Constitution also clarifies my right to this federal provision, stating:
14th Amendment, Section 1: “No State shall make or
enforce any law which shall abridge the privileges or immunities of citizens of
The needs of my child(ren) are being met without the need for government assistance. There has been no determination that the child(ren) is in need or “dependent” on public welfare cash payouts, or at risk of being “dependent,” as defined in this act. There is no public assistance in this case. Therefore, the county has no legal standing in this matter. According to the United States Constitution, 9th Amendment, as a fit parent, I also have a liberty interest to parent my child in the manner I choose, provided there is no clear and convincing evidence of abuse, neglect, harm or endangerment. No such evidence has been proven in my case. No such charges have been filed in my case.
IV-D program is a federally funded program, requiring
MN 256.01 Subd 2 - Specific Powers … the commissioner of human services shall: “(6) Act as the agent of and cooperate with the federal government in matters of mutual concern relative to and in conformity with the provisions of Laws 1939, chapter 431, including the administration of any federal funds granted to the state to aid in the performance of any functions of the commissioner as specified in Laws 1939, chapter 431 ...”
MN 393.07 Powers and Duties Subd 1. The public child welfare program shall be supervised by the commissioner of human services and administered by the local social services agency in accordance with law and with rules of the commissioner.
MN 393.07 Powers and Duties Subd 2. The duties of the local social services agency shall be performed in accordance with the standards and rules which may be promulgated by the commissioner of human services to achieve the purposes intended by law and in order to comply with the requirements of the federal Social Security Act in respect to public assistance and child welfare services, so that the state may qualify for grants-in-aid available under that act.
The county lacked authorization from me to place my child(ren) on the Title IV welfare program, because I was not notified and was not afforded my Constitutional right to Due Process before the state took charge of my child under any of the IV welfare programs. These services must terminate immediately. There was no abandonment prior the date of application for IV-D services; therefore, there was an invalid assignment of rights. This invalid assignment of rights violated my fundamental right. A violation of the constitutional right to privacy occurred when the state made a determination to provide welfare services, without allowing my due process to take charge of my child under Title IV-D. There is no dependent child, according to the meaning of the SSA; therefore, when delivering Title IV-D services in this case, the county is operating outside the scope of the law. Continued delivery of Title IV benefits or services by the local agency on behalf of my child is, hereafter, without authority of law and would be in direct violation of the federal civil right entitled to me under Title XI of the Act.
MN Rule 9550.0091 CLIENTS RIGHT TO ACCEPT OR REJECT SERVICES. “An applicant or client or the applicants’ or clients authorized representative many accept or reject a local agency assessment of a need for community social services or an offer of community social services aimed at attaining specified goals.”
Concurrent jurisdiction exists between the United States and Minnesota over the general provisions of the Social Security Act at issue in this matter, and, therefore, the local agency is required by federal law to take the appropriate measures to see that my lawful objection to the local agency carrying out any provision of the act on behalf of my child is promptly executed. Ignoring this request will be a cause for claim in court actions, if my request to discontinue county services is not completed appropriately and complied with immediately. Ignoring this claim is in violation of federal law, putting all federal Title IV funding to the state and county agency in jeopardy.
is of no concern to me that the Secretary of the United States Department of
Health and Human Services, nor
No hearing is required to discontinue services; it is an administrative action. Every court must enforce my objection to the administrative action, as the administrative order supersedes the judicial order. Jurisdiction lies with the administrative agency for all Title IV matters. The county unlawfully took charge of my child under the Title IV-D program through an administrative action. Discontinuing services is also an administrative action that must end immediately. Since no application to terminate exists, this objection is the only remedy available.
I affably instruct the local agency to recognize my objection and close the Title IV case file opened on behalf of my child. Please acknowledge receipt of my objection.
Because of my inability to afford an attorney, it has been virtually impossible for me to get resolution in this case. I am entitled to appropriate resolution, and equal protection under the law, as any married or unmarried parent.
Address: ________________________________ Address: ________________________________
Phone: ____________________________ Phone: ____________________________
cc: Tim Pawlenty, Governor of Minnesota Mike Hatch, Minnesota State Attorney General
Kevin Goodno, Department of Human Services Commissioner
________________________________, Case Worker,
________________________________, Child Support Supervisor,
_______________________________, Attorney of Record for the custodial parent
Tommy Thompson, Secretary of United States Department of Health and Human Services