ADA Complaint

 

U.S. Department of Justice 
Civil Rights Division 
Disability Rights Section

OMB No. 1190-0009

Title II of the Americans with Disabilities Act
Section 504 of the Rehabilitation Act of 1973
Discrimination Complaint Form

Complainant:  My minor son, Mario Simon Jimenez-wizel, DOB: 08/20/2012,suffers from PTSD and Major Depression as a consequence of the actions and/or inactions of three judges in the 11th circuit Court of Miami-Dade County, a Guardian Ad Litem (GAL), a psychologist, and the Department of Children and Families (DCF), who have failed to protect him and his sister, Karen Nicole Jimenez-wizel, DOB: 09/06/2005.
Person Discriminated Against: My minor son, Mario Simon Jimenez-wizel.
Address: Same as above
City, State, and Zip Code: Same as above
Telephone: Home: Same as above
Business: Same as above

Government, or organization, or institution which you believe has discriminated:

Name(s):
  Judge Mindy Glazer, Judge Pedro Echarte, and Judge Scott Bernstein as representatives of the Family Courts in Miami-Dade County . 
Address: Lawson E. Thomas Courthouse Center. 175 NW First Avenue
County: Miami-Dade
City: Miami
State and Zip Code: Florida 33128   
Telephone Number: 
305-275-1155
 
Name(s):  Guardian Ad Litem, Mrs. Anastasia M.Garcia.
Address: The Law Office of Anastasia M. Garcia, P.A.
770 ponce de Leon Boulevard , PH Suite
County: Miami-Dade
City: Coral Gables
State and Zip Code: Florida 33134   
Telephone Number: 
305-461-5885
 
Name(s):  Department of Children and Families (DCF).
Address: 401 Northwest 2nd Avenue , Miami , FL 33128
County: Miami-Dade
City: Miami
State and Zip Code: Florida 33128
Telephone Number: 
305-377-5055
 
Name(s):  Mrs. Vanessa Archer on behalf of Archer Psychological Sercices, P.A.
Address: 1390 South Dixie Hgwy.- Ste 2109
County: Miami-Dade
City:  Coral Gables
State and Zip Code:  Florida  33146
Telephone Number: 
305-669-1113

When did the discrimination occur? Date: July 20th, 2012 and going on to this day, January 18th, 2015. Please refer to court cases for details: FAMILY DIVISION: Case No.: 11-21207-FC-04. JUVENILE DIVISION: Case No.: D13-15193A-B (D003) (closed). DOMESTIC VIOLENCE DIVISION: Case No.: 12-17840-FC-04 (closed), Case No.: 12-17838-FC-04 (closed), Case No.: 11-10881-FC-04 (closed).

Describe the acts of discrimination providing the name(s) where possible of the individuals who discriminated (use space on page 3 if necessary): The above mentioned entities and/or individuals have either failed to protect the best interest or have contributed to my disabled minor son’s psychological and developmental demise, and his sister’s, in clear violation of the Americans with Disabilities Act, stripping these individuals of any immunity they may have, and making them liable to the fullest extend of federal law. 
 
To make a long story short, while attending medical school in Nicaragua, my ex-wife absconded for two years with my two kids (Mario was 7 y/o and Nicole was 4 y/o at that time), with the intervention of the American Embassy, the U.S.A. State Department, Miami-Dade police investigators, and even the FBI, I was able to recover them and restore shared custody of my kids by Judge Robert Scola. As ordered by Judge Scola, for about a year, my whole family and I worked very hard to reintegrate the children to our lives.  I also immediately recruited the help of a licensed children’s psychologist for intensive weekly therapies, and my children adapted well to their new environment. My Son, Mario, for instance, went from failing third grade and scoring in the lowest quartile in his FCAT to becoming an A/B student, scoring in the top quartile in the FCAT, and being given the honor of student of the month (one of the proudest moments of his and my life).
Then, on June 6, 2012, the Department of Children and Families (DCF) came to my house with another of at least five false DCF calls alleging that my whole family, my parents, my brother, my new wife and I were mistreating our children. That afternoon, I called my children and prayed with them a prayer I had taught them and had posted on my refrigerator, and which I even use to teach Sunday school children with, The Spiritual Armor of God found in Ephesians 6. To my surprise, my ex-wife that same night called and had the police show up around midnight alleging that I was scaring her and my children by telling them that an evil spirit would come and kill them, and that she was scare that I was the evil spirit that would come and kill them (see denied Domestic Violence petition).
The accusation was so outlandishly foolish and laughable, especially in light of my ex’s history of prior false accusations, appearing to the police with self-inflicted bruises but later being caught by a security camera actually assaulting me, having absconded for 2 years with my children to another country, repeated DCF investigations found to be unfounded, and because my own son had denied this accusation in a legally obtained phone recording, that I thought that there was no way a Judge would even waste his/her time with it.  Unfortunately, Judge Scola, who was familiar with the case, had been moved to a different position.  And, sadly, I was completely wrong. I did not realize that I was dealing with a completely dysfunctional Family Court system and with some Judges that were in clear violations of public trust, ethics, and neglect of duty.
Soon after, with at least 5 different false accusations with DCF, around the time the kids were to finish the school year, money-hungry ill-intentioned attorneys,  Yvette B. Reyes, and Ana C. Morales (please click on their names to see my complaints and the answers from the Florida Bar), obtained illegal copies of a confidential Child Protection Team (CPT) report whose findings were later found to be completely inaccurate, and without properly notifying me to have the opportunity to have legal representation, filed a purported emergency motion to have my time-sharing suspended. (See also Suggestions To Improve DCF).
Despite the foolish religious accusation, that terrible day, July 20, 2012, the first Judge, Mindy Glazer, violated my due process rights by conducting an emergency telephone hearing without proper notice. The emergency hearing was based on the alleged DCF report, on the case that had not even been closed, so there was no any such report. In the unannounced telephone hearing, I had no legal representation as direct result of this Judge trampling on the rule of law and making a mockery of the legal process. Here is some more information about her terrible performance on the bench: (www.robeprobe.comblogs.miaminewtimes.comwww.ccfj.net).
Since that time, by order of a second Judge, Pedro Echarte, I only had very limited supervised visitations with my kids based solely on the allegation that somehow my praying with them would scare them. However, after DCF had actually finished its investigation and I brought the final psychological evaluation that cleared me of any wrongdoing before Judge Echarte, he refused to admit it into evidence arguing that it was conducted by DCF one day prior to him giving the order to do so. Bear in mind that DCF was actually procuring the funds for the psychological evaluation for over a month, and that I had no control of when DCF would conduct the evaluation. Judge Echarte then ordered me to undergo another evaluation, but this time with the psychologist my ex’s attorneys had recommended, Vanessa Archer. He also ordered the assignment of a Guardian Ad Litem (GAL), Anastasia Garcia, whom my ex’s attorneys had also recommended.  Time went by, with the ultimate result that my son almost failed 4th grade, is also failing his new grade, and four of his teachers were very concerned with his inappropriate behavior and very poor grades.
To make matters worse, almost a year after our forced separation, I found out that my ex’s attorneys and GAL were hiding the fact that my son had been diagnosed with Major Depression, and PTSD and was requiring SSRI medication for it.  No traumatic event had happened prior to my children being alienated from me and my side of the family that July of 2012; I only had very limited supervised visitations at that time. As stated initially, before this separation, my son was an excellent student, scoring in the top quartile in the FCAT, and being given the honor of student of the month, but after these individuals collaborated to alienate them, my son developed these psychological conditions.  In hopes of getting some justice, I sent a complaint to the FLORIDA JUDICIAL QUALIFICATIONS COMMISSION (FJQC) about Judge Echarte, but they unbelievably found no fault with Judge Echarte’s actions.
To add insult to injury, I then came before a third Judge, Judge Scott Bernstein, who seemed to be inherently incapable to identify with the love of a father for his children or with the need for prayer and a religious upbringing, who claimed to stand against bigotry by running as the first openly gay Judge married to another man,  but he became a religious bigot himself, who by not acting in the children’s defense actually supported the opinion that somehow my religious beliefs should prevent me from freely seeing my children. After basically ignoring all the evidence presented (Verified Petition for DependencyRESPONSE TO MOTION FOR CIVIL CONTEMPT-ENFORCEMENT,  Motion to vacate all ordersMemorandum in support of denial of mother’s motion for contemptFather’s response to mother’s motions for contempt), Judge Bernstein nearly forced me into bankruptcy due to legal fees and costs, forcing me to pay for my ex’s attorneys, and contrary to all common sense, demanded that I undergo a second evaluation with the same psychologist I had reported to the Health Department, Mrs. Vanessa Archer, instead of accepting an independent psychologist from DCF, as I had requested.  This February 4th 2015, I have another hearing before Judge Bernstein, where the same attorneys he forced me to pay before, are seeking an additional $30,000 dollars in attorneys’ fees and costs. Also, recently, after I sent an e-mail to the GAL, Mrs. Garcia, requesting a status report for an upcoming emergency hearing, she filled a motion to compel payment from the father only, in a clearly discriminatory, biased, vindictive manner, and in clear violation of a previous order that required equal payments from both parents.
Mrs. Archer was the same “professional” who in my opinion was negligently responsible for the killing of Nubia Barahona an innocent child, not long before my case, and who, without any logical explanation still continues to serve as an expert witness in our Family Courts (please see official DCF reportTwins File Lawsuit and willful neglect lawsuit filed against DCF on behalf of Nubia’s adoptive siblings). Similarly to the Barahona case, Mrs. Archer, instead of reporting to the Judge pertinent information, such as the fact that my son had denied what I had been accused of, went ahead and requested to stop phone communication with my children because my son was contradicting what she had written in her report. It therefore comes as no surprise that in her second evaluation, on October 2013, Mrs. Archer conveniently ignored the evidence presented, and recommended periodic re-evaluations with her ($1,800 each) and to continue with supervised visitations, where I needed to pay a social worker to see my children. As a result of the incomprehensible actions of these three Judges and “professionals”, I have not seen my children since October 26, 2013, and my son’s behavior and mental state continue to deteriorate. For instance, not long ago, my son developed involuntary twitching of his neck and shoulder as a side effect of the medications he has been forced to take to deal with his pain.
I would like to thank you in advance for your positive response in protecting my disable minor child, and his sister, as well as the residents of the 11th Judicial Circuit of Florida. I praise God for the blessing of suffering for His name, and for giving me the opportunity to be a light in the darkness of this world. May the Grace of God in Christ Jesus be always with you and your family, and with this most glorious nation, the U.S.A., one nation under God, indivisible, with liberty and justice for all.
Have efforts been made to resolve this complaint through the internal grievance procedure of the government, organization, or institution? Yes
If yes: what is the status of the grievance? The courts, the GAL, the psychologis, and DCF have failed to protect the minor children.

Has the complaint been filed with another bureau of the Department of Justice or any other Federal, State, or local civil rights agency or court? No
If yes:
Agency or Court: 
Contact Person: 
Address: 
City, State, and Zip Code: 
Telephone Number: 
Date Filed: 

Do you intend to file with another agency or court?  No
Agency or Court: 
Address: 
City, State and Zip Code: 
Telephone Number: 
Additional space for answers: 
 
Mario A. Jiménez Jerez, M.D., B.S.E.E.
5700 SW 127 Ave. #1316
Miami, Fl 33183

786-253-8158, Marioaj01@yahoo.com.
Please visit www.SayNoToPAS.com/chief-judge/ for all evidence referenced in this complaint.
Information on how to file this complaint obtained here: How to File an ADA Complaint with the Department of Justice
Initial Response: