Mittwoch, Februar 07, 2007

7, European petition to abolish German Jugendämter (Youth Welfare Offices)

From: Attorney Ingo Alberti, von-Galen-Str. 13, D-33129 Delbrück, Germany, 05.02.2007
To: European delegation
Mr. Marcin Libicki, Secretary-General committee on petitions of the European parliament
Rue Wiertz, B-1047 Bruxelles, Belgium
The anti-democratic, anti-European, anti-parental activity of the German Jugendämter (youth welfare offices) /dissolution of the German Jugendämter (youth welfare offices)/introduction of the term of the "best interests of the child" in German family law with abolishment of the indefinite spare term of the (so-called) "child's well-being" at present in use in the German family law.
German (Jugendämter) youth welfare offices are to be abolished, because they are constituted without any judicial control and specialized expert supervision, without having to operate under any limiting mandate of binding instructions as to its discretions while putting themselves above the international rule of law on human rights as is dictated by conventions, and while they are only given directions by and under the control of local youth welfare office politicians. The "best interests of the child" needs to be introduced as the directional term in German family law.
As a German attorney with 14 years professional experience I am always confronted with the abuse of power and the prepossession of the Jugendämter (youth welfare offices) against foreign parents and German fathers in the family-judicial procedure. In the long run only their abolishment can remedy. Making more difficult it is added that the international term of the best interests of the child in Germany does not apply, but only the indefinite spare term of the so-called child well-being, which makes any youth-official and judicial arbitrariness possible. This stands over the human rights of the child and its parents and often leads to their violation in the family-judicial procedure.
1. The youth welfare offices are called misleadingly an office, a national authority, although they are individual territorial organizational units with a anti-democratic character, by the mayor or land-councillor of each city and each municipality to be financed. But on the contrary to a national authority they are not subject of an instruction or a supervsion, neither a national nor a ministerial or of any other kind.
2. The local Jugendämter (youth welfare offices) were finally constituted by the NSDAP as local authority to political control, suppression and Germanization of the children and families in the German area. The Jugendämter (youth welfare offices) accomplished the selection and the kidnapping of the race-suited children in the third realm.
3. After World War 2 the structures of the local Jugendämter (youth welfare offices) were not dissolved.
4. Till 1952 the local Jugendämter (youth welfare offices) were under control of the police (Ministry of the Interior) and have hidden the identities of the 160,000 kidnapped Polish children in the German families.
5. The mayors or land-councillors are only obligated to finance the youth welfare offices. They are neither instruction nor can they contol the Jugendämter (youth welfare offices).
6. The decisions over the youth welfare office can be taken only by the internal committee of the youth welfare office (youth welfare office committee), that consists of local politicians. So the youth welfare office controls itself.
7. The legal task of the youth welfare office is political control of the society. Control of the health (in the widest sense), That means, the best interests of the children, are completely ignored (e.g. in 2006 the case Kevin in the Federal Land of Bremen),
8. The youth welfare office pursues the endangerment of the so-called child well-being, instead of worrying about the best interests of the child. In German never is the first term, but only the term child well-being is ever mentioned.
9. The so-called child well-being is an indefinite legal term. It was defined never, in no law, in no legal regulation, so that the local politicians of the Jugendämter (youth welfare offices) and family judges
might use it in such a way that does not correspond to the best interests of the child.
10. Each child and each family, also the foreign citizens, who are in the Germany, are subject automatically of control by the youth welfare office. The child can be extracted from the family at any time without indication of the reasons to the biological parents. The court can be informed after the creation of the completed facts.
11. The local Jugendämter (youth welfare offices) have the obligation to interfere into the activities of the family courts, schools, child day care, kindergardens as well as into all child and youth educating as well as the sport organizations and welfare organisations. Local authority of the local Jugendämter (youth welfare offices) is more important than the instructions of the Ministries removed far away: like the Ministries of Justce, School, Culture, Education or Family, also more than those of the courts, and however under no control at all.
12. The Jugendämter (youth welfare offices) have to take part compellingly as involved party in the procedure of children´s affaires.
13. The local Jugendämter (youth welfare offices) as involved party at the family court can give untrue statements about biological parents as well as about the child (in the name of the German child well-being).
14. The Jugendämter (youth welfare offices) are acting legally always on behalf of the German child well-being, therefore „the well meant “lies of the youth welfare office are not sued by the public prosecutor and are not under no circumstances punished.
15. The Jugendämter (youth welfare offices) - as the only institution in Europe - collect without reason all information and data of each family having children on behalf of the German child well-being, against the Federal Law for Data Protection.
16. It is legally forbidden for the family courts to make decisions in children´s affaire without previous involvement of the Jugendamt (youth welfare office). By this, the independence of the German family courts is subjected to the dependence of the local Jugendämter (youth welfare offices) and makes the courts to a certain extent their executing aides.
17. Each Jugendamt (youth welfare office) supervises the children´s legal deprivation of their biological parents and by this finances the children's homes and politically correct (youth welfare office-dependent) care families. Biological parents often have to pay for the children´s education obligated by court execution while being excluded by control of the Jugendämter (youth welfare offices).
18. During the accompanied or cared access and in care families and children's homes use of the language of the not-German parents are forbidden and the education in languages (except English and French) is obstructed.
19. Polish parents or such with other nationalities are treated as potential criminals, because they are treated like suspects wanting to kidnap their own child into their own homeland outside of Germany. For this reason by the Jugendämter (youth welfare offices) are led own data bases. The residents' registration office is obliged to inform the youth welfare office immediately on parental activities.
20. In the binational marriages, for example in German-Polish marriages, the interference of the Jugendämter (youth welfare offices) starts with the prohibition of the Polish language, then the monitoring of the discussions, and cutting access of Polish children and their parents follows. The same applies to separate/divorced fathers.
21. The Jugendämter (youth welfare offices) with all means make it impossible for the Polish children of divorced families learn the Polish language for the reason, that the children are Germans and are in Germany to live. To German fathers is said, the child belongs to the mother.
22. The goal of the Jugendämter (youth welfare offices) is the obligatory integration. They block foreign parents´ or usually German fathers´ contacts with their own children so long - 2 years are sufficient, that the children quit „by own will alone “ the use and learning of the not-German language, the attendance of the excluded relatives as well as of their own parents or of their German father.
23. The Jugendämter (youth welfare offices) respect neither the judgements of the German courts nor those of the European Court of Human Rights (e.g. cases Görgülü, Haase and Elsholz).
24. The purposeful and regular derooting of the defenseless minor Polish citizens from the national as well as family connections, extinguishing the Polish identity by prohibiting the Polish language, culture, and cutting off access of Polish parents is understood by the Jugendämter (youth welfare offices) as necessity for the integration at the German people. In Poland this is called national cleansing. Access exclusion with the German family or father is argued exactly the same way, because the child must come „to peace “. The Parental Alienation Syndrome (PAS) is put up with. Treatments of ADHS explode.
25. The Jugendämter (youth welfare offices) determine the damaging character of the Polish language and culture on the children´s development in Germany. If Polish parents criticize or do not want to accept the national cleaning, they are deprived of their ir custody by reason of being non-cooperative with the youth welfare office, which questions the abilities as educator and parent. If German families or fathers want to see their children more frequently, exactly the same one proceeds.
26. The German child well-being by the Jugendämter (youth welfare offices) and German family courts is changed to: Prohibition of the use and the learning of the Polish language, prohibition of access to Polish parents and Polish family in Poland, prohibition of Polish education. Similar prohibitions for other nationalities or usually the father because of his sex and the paternal family are well known from press and iurisdiction (e.g. Federal Constitutional Court judgement of 29.01.2003 to the discrimination of not-conjugal fathers and children by the right of veto of the mother against common custody, § 1626a BGB). Mothers would know best, why a child does not need a father.
27. Some years ago by financial means of the states the Landesjugendämter (state youth welfare offices) were created. They are independent organizational units without control, dealing with the acquisition of the children from foreign countries and aiming at financing the costs of the adoptions. They are no supervision authorities over the Jugendämter (youth welfare offices).

The above documented and admitted facts speak for the anti-democratic and nationalistic character of the Jugendämter (youth welfare offices), which discriminate against and deal with national cleansing Polish children under the patronage of the government of the FRG and the German politicians.
Therefore I request the introduction of appropriate measures by the organs of the German Parliament (Bundestag) in the matter of liquidating the Jugendämter (youth welfare offices) as the only organizations of this kind in the European union, arbitrary, and acting only under own political control with a documented nationalistic, anti-European and anti-democratic character, by which the children are educated in such a spirit.
Since 2000 a creeping revival of the nationalistic activities is to be registered, aiming in the context of forced integration at total control of the children and families. Fatherless grown up children are threatened well-known by higher risks.
With the omission of the Jugendämter (youth welfare offices) the courts possible will be independent to judge.
Appropriate coworkers of the Jugendämter (youth welfare offices) are to be subordinated immediately to public health authorities and the Ministry of Health, thereby qualified technical and supervision of service are ensured.
With the consideration of the austerity policy of the Federal Government the omission of the superfluous Jugendämter (youth welfare offices) would contribute to largest saving.
Ingo Alberti

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