HABEAS CORPUS + 2 QUESTIONS OF LAW

Desiree Peterson Mother of Baby K 1632 Ontario Street Fairfield CA 94533 DesireeNeverFails@gmail.com THE SUPREME COURT OF THE STATE OF CALIFORNIA OVERSEEING THE JUVENILE DEPENDENCY COURT COUNTY OF SOLANO & COUNTY OF SACRAMENTO THE UNITED STATES OF AMERICA In the Matter of Baby K, a Person Coming Under the Juvenile Court Law. DESIREE PETERSON (mother) vs. Sacramento County DHHS Case 237867 & Subsequent Petition Case 43896 The Department of Human Services Solano County AN EXTRAORDINARY WRIT OF HABEAS CORPUS IN JUVENILE PROCEEDINGS Case No.: J43896 BOTH Original Petition and Subsequent Petition My Final Prayer to our State for Extraordinary Relief. The difference between appearance and actual truth is left to the perception of your Honorable Judges to choose. Over the last two years, I have become educated in horrific and traumatizing events relating to so many children at the hands of those entrusted to protect them. I do not believe we could prosecute and expose every guilty party and agency extensions and still remain a strong, confident Democracy. I also believe many have fell victim within the system unknowingly, and many will not stand against the might of a majority regime, not those with much to lose including their own family’s When the rule of local Law is only required to provide preponderance as evidence, it because an automatic lose at appellate court. One cannot present new evidence during an appeal, so when a Juvenile court will not accept evidence, allow counter questioning of accusers, or take into account laws presented in motions and written arguments, an Extraordinary Circumstance is created against any party against the Department. It is not smart to give a zero mistake ratio to the Department and is near impossible for any corporation to have. A simple resolve for a lower court judge to pardon innocent families does not seem to exist, and enforcement of Law has been left to only an appearance of Superiority held by these judges. I am asking the Supreme Court of California to reverse jurisdictional hold on my daughter and offer a restraining order for protection from retaliatory events in both Solano and Sacramento counties. Almost 2 years later, I’m questioning if enforcement to these written laws exists ,and if so, for who? Please use my case to help guide the following ,“Questions of Law” , in the Welfare and Institutions Code Books and Juvenile Courts by using clear, measurable, referenceable rules to guide those actors under the color of Law. If my words are not loud enough for Justice to act, than I Pray my heart will be. Our children, my children, & our fate as a Great State are at your Honable’s mercy. QUESTION OF LAW 1a DUE PROCESS IN WELFARE AND INSTITUTIONS PERTAINING TO ALL JUVENILES WITHIN JURISDICTION August 13, 2018 – 3rd scheduled hearing pushed without consent. (Social Worker back in Mexico on medical leave now) July 17, 2018 – Hearing for discovery request removed from calendar without knowledge or consent. June 26, 2018 Contested Hearing that was removed and changed from calendar without knowledge or consent.My attorney at the time informed me in the courthouse hallway we had been taken off the schedule and instead they decided to have a combined 6,12 & 18 month review hearing later instead, and this was without consent. I have been waiting for a trial for almost two years, and the 26th of Junes Contested Hearing would not happen during my immigrant Social Worker's, Claudia Orozco's, month long vacation home to Mexico. (Not sure why I can’t cross examine the person who signed the report for Ms. Orozco?) The dates of 8/13/2018, 7/17/2018, & 6/26/2018, are the most recent occurrences of Due Process and my child's time consideration failures since January 20th, 2017, I have exhausted every possible means a rational person, in my situation, could seek out to for help to find resolution. I have filed HIPAA violation complaints, a State Claim with risk management of West Sacramento, filed complaints with Sheriff Investigative Unit, have made plea's to City Counsel boards of both Sacramento and Solano County and City Councils, Ombudsman, DOJ, OIG, District Attorneys of both Sacramento and Solano County, have a filed Federal Civil Rights suit against the Departments members in this case, plead my case to State Representatives, State and Federal agencies, our National Guard and the President. I communicated via email to Judge Daniels of Solano Superior Court prior to the first transfer-in hearing, in efforts to give my side of the story knowing it hadn't been heard or accepted yet. . My right to crossexamine my accusers has been denied, avoided, continued, and ignored since January 20th,2017. I filed a notice to appeal with the Solano County Clerk, even though no court hearing occurred, the ruling to withhold Due Process and my daughter from me had occurred by the court as a whole entity, and I am opposing all decisions and judgements held by those under these entitlements and duties. QUESTION OF LAW 1b DUE PROCESS ENFORCEMENT; Enforcement and Accountability; A person should not have to depend on media attention and/or hold a predetermined acceptable favorable class, to receive equal protection under the Law or by actors under the color of law. With children of Illegal immigrants or better said “abandoned new American Children” , some sold by their own mothers, being the only concern of major media to the masses, these children should be included in these new Juvenile Due Process requirements. Children should be protected as equals for their inability to cause fault or contract gain or loss of property including their own bodies as soldiers, thus, regardless of location to first lung function, under 18 is under 18. The Welfare and Institutions Code Books have too many “ non-quantitative, non-referenceable, & unenforced” rules for those actors under the color of Law. I fear this lack of clear guidance has caused Social Workers and Police to become Judges, and Judges to become Reunifyers and enforcers. In my personal case, the courts and departments have done just about whatever they want, ethical / lawful or not. I am asking the Supreme Court to place a timeline in the Welfare and Institutions Code book that clearly states “after 6 months, if trial and cross – examination for the accusers has not commenced, the child must be returned to the parent/guardian in whom they were removed from.” No remedy outcome for Department to just alter and change a report should be granted, the leniency for the Department should be reversed, and Social Workers should be held accountable for their families success, not rotated to avoid clear causational factors in a case. QUESTION OF LAW 1c DUE PROCESS ; Accountability for those that perjure truth representing a state agency. From the District Attorneys of two counties to the OIG, disassociation of personal fault or connection to others leaves us all at risk. Social Clusters to categorize an ever increasing informational world is natural, but the bias created after is unintelligent. “We versus them” is a counter productive and confusing conflicting tactic of operating in a civilized society. I am so bold as to citizen’s arrest the Defendant Social Workers and Sheriffs, should no one do it at the end of all this, but this is as preposterous of a notion as preponderance of evidence as a weight of our families fates. I would like a special unit/agency/non-profit , that is not funded by the State, to do the investigations of complaints against those acting under the color of Law. In this Rule, they should be required to NOT be part of the network obstructing the Claimant. The one Ombudsman of the whole State of California, located in the main Sacramento building, is not going to be a fair mediator for complaints about Sacramento for example. This third party entity will raise enforcement outcomes and confidence while helping to minimize unnecessary cases that drain our States Funds and Progress. QUESTION OF LAW 2 ; DRUG TESTING OF MINORS UNDER 12 I didn’t find any cases like mine where a child , my baby, not under duress and without truly any cause, was violated and forced to submit her first haircut on earth to a criminal that owns and operates a non-medical facility. Urine is the preferred method for even adult courts. I could not find anything written that spoke of non-criminal parents and children being subjected to this, especially under the age of 12. I cannot believe they can do this at all, I apologize for shortness in this matter, but I feel raped by the Solano Judge and Solano Department. They won’t even give me any paperwork related to the test.