The State's Fatal Flaw

It's no small task to battle the State of Texas. As you have read throughout this blog the system is setup against you.  There are conflicts of interest in every layer that you must go through when battling the Texas Department of Family and Protective Services. The Texas Legislature allows for "Administrative Reviews" to allow daycare operators to challenge deficiencies given by Childcare Licensing Representatives but the person that makes the determination as to whether or not the deficiencies were justified will always be a co-worker and very likely friend of the person whose deficiencies you are challenging. You can provide all the evidence in the world to support your position but they will always uphold the deficiencies.  I am being sarcastic when I state that the only time that you will have "equal" footing against the State is when you are able to present your case before an "impartial" judge is when you have a hearing before the State Office of Administrative Hearings. I stress on the word "impartial" because the judge that will hear your case is a State employee who will very likely take the position that the Department of Family and Protective Services does not commit the egregious behaviors that I have described in this blog and that any actions that they took was merely in the act of doing their job.

One would hope as we once did that the Texas Attorney General's Office would come to your rescue as it is their job to defend the Constitutional rights of the citizens of Texas. Unfortunately, that is not going to happen when it is a State Agency that you are having to defend your Constitutional Rights from! The Texas Attorney General's Office is not only going to take the position of the State Agency but will not even question the legitimacy of the State Agency's position. Just as it is the job of the Texas Attorney Generals Office to defend the Constitutional rights of it's citizens it is also given the responsibility of defending State Agencies in court. This creates a conflict of interest within the Texas Attorney Generals Office. The Texas Attorney General's Office will actively seek to deny your Constitutional Rights in these situations. As I stated in a previous post, Patricia Fernandez an attorney with the Attorney General's Office was well aware that Adrienne Driggers actions had led to the molestation of two children but did nothing to correct her behavior. They are not going to do what is morally correct.

What compounds the problem of fighting a system loaded with a never ending conflicts of interest is that the people in our American system that we turn to for help in these matters are attorneys who very likely are not familiar with the State of Texas Minimum Standards for Childcare Operations or the Texas Administrative Code. Because attorneys are not familiar with the rules and regulations that govern childcare centers, the Attorney General's Office is able to attack you even when you followed those same rules and regulations. They will attack you for following the rules and regulations because the presiding judge is very likely an attorney, and like your own attorney, will also not be familiar with the rules and regulations.

Before I continue, I must state that a huge impact on how I was going to wage war against the State of Texas was advice that I gave to my son Marco when he was in Karate. I gave him advice for each opponent that he faced each of which presented different obstacles that he had to overcome. As a Management major in college I had learned about SWOT (Strengths, Weaknesses, Opportunities, and Threats). I applied this thinking to Marco's training and in turn applied the advice that I gave to him to our war against Adrienne Driggers and the State of Texas.

One day I was consumed with the thought of how all of the aforementioned were stacked up against us (the conflicts of interest, the Texas Attorney General's Office attacking you for following the rules and regulations, how whatever attorney that we hired would very likely be unfamiliar with the rules and regulations, and how the presiding judge would also not be familiar with the rules and regulations) and I suddenly remembered telling my son how everybody had a weakness and the solution occurred to me and it very well should have been in a huge neon light. The solution was in the very title Texas ATTORNEY General's office.

The hearing before the State Office of Administrative Hearings as to whether Adrienne Driggers was justified in ordering Marla's daycare to close and her being placed on the Central Registry was going to be dictated by the rules and regulations established in the State of Texas Minimum Standards for Childcare Centers. We knew the rules and regulations like the back of our hands while their attorneys were very likely going to be clueless about them. We were experts in the topic and they were just hired assassins who were going to throw mud at us in court but lack any substance in their arguments. Because we knew that the presiding judge would not be familiar with the rules and regulations I planned to educate her on the rules and regulations in explaining why our opponents were wrong. Adrienne Driggers was not going to prepare their attorneys as doing so would have been an acknowledgement that she did not have any justification for her actions. Like Lieutenant Colonel George Custer against the great Sioux and Cheyenne nations, Driggers with all of her arrogance, led the Attorney Generals Office into an ambush and massacre.

As great attorneys as they may have been they were in essence taking knives to a gun fight. Two more bits of advice that I gave to Marco that had an effect in my war with the State was if your opponent is unable to defend themselves from one of your attacks then keep attacking them with the same technique. The other thing that I will mention at this time (there will be more) is when Marco was facing a bully in one of his competitions. It was a child that was significantly taller and bigger than Marco. This child would bulldoze the other kids. What I told Marco was to test that child's defense. Go after him and see if he can take what he dishes out. Give him a taste of his own medicine. Marco charged after him and destroyed him. I would do the same to DFPS and the Attorney Generals Office. You see, DFPS and the Attorney General's Office, like that bully, are accustomed to bulldozing their opponents. They are not accustomed to being placed on the defensive. I very easily overwhelmed them. So if you as a Childcare Licensing operator are forced to face these people feel comfort in knowing that you have the upper hand. Not only are they not omnipotent but very easy to defeat.

The First Skirmish - SOAH June 10, 2015

For years I have struggled to find out how I could beat the Department of Family and Protective Services (DFPS) and their partners in crime, the Texas Attorney General's Office. I state that the Texas Attorney General's Office is a "partner in crime" because they do the dirty work for DFPS, which in this case, is Adrienne Driggers. The Texas Attorney General's Office advertises on their website that they have three duties and responsibilities: One is to approve public bond issues which had no bearing in this case. The other two duties and responsibilities created conflict within itself as they advertise that they have a duty defend the laws and the Constitution of the State of Texas and to represent the State in litigation. They chose the latter as I fully expected.

Going into the hearing before the State Office of Administrative Hearings(SOAH) I felt that we were at a disadvantage as we were going before a State appointed judge who would very likely feel as if DFPS employees and the attorneys working for the Texas Attorney General's Office, as fellow State of Texas employees, would be honorable and truthful but that wasn't all. We were also at a disadvantage as the office for the SOAH judge is next door to the local DFPS office! As I have mentioned throughout this blog, conflicts of interest within the State of Texas government make it almost impossible for Texas citizens like ourselves to obtain fairness in fighting for our Constitutional rights.

We needed every edge we could get. We needed to convince the presiding judge that these people that we were fighting against were anything but honorable and truthful. We needed for the presiding judge to see these people for what they really were. Having obtained experience against them, I knew exactly what actions that were going to take long before they did them. With strategy and planning and with a secret weapon we were able to expose them to the judge in such a way that it created doubt as to the honor and truthfulness of our adversaries before the hearing even took place.

Our secret weapon? God. We placed our fate in the Lord's hands. We felt that we still had to plan and strategize but we would need a little divine intervention. We were initially going to have the hearing before June 10th but miraculously my wife was stricken with an emergency health situation that caused us to have a continuance. What this incident did was expose how little the State cared about the fairness of facing someone who was in serious pain. The amazing thing about this is that I had told my wife prior to her health problem that we wouldn't be having the hearing as "something" was going to happen to cause a delay. Sure enough it happened. The Attorney General's Office helped us, as I fully expected them to by reacting not only in an uncaring way but wanting even more to face someone experiencing excruciating pain.

It was shortly after that I discovered that we were entitled to receive all of the documentation and a list of the witnesses that the State was going to present. I knew that the Attorney General's Office and DFPS were not going to cooperate by providing us with this information. Though I knew that they were not going to cooperate I asked the Attorney General's Office repeatedly for this information but they completely disregarded me, as I fully expected them to. What I did though was notify the presiding judge about my attempts and their failure to cooperate.

I knew that without our having an attorney they were going to look upon us as insignificant. People beneath them that were not worthy of their cooperation. At 4:30 in the afternoon the day before we were to have the hearing(June 10) we received a FedEx package that contained the documentation that we had been asking for! Anyone who has ever used FedEx will know that when you send a package to someone you know exactly when that person is going to receive it. Our receiving the package so late in the day was planned. They were going to claim that they did indeed deliver the requested documents to us but not give us the time to read the material!

What the Attorney General's Office did not count on was that I had been in contact with the presiding judge regarding their failure to provide the documentation. Plain and simple, I used their arrogance against them as the first thing the presiding judge asked was if the State had provided us with the documentation that I had been requesting. When I informed her that we did receive them at 4:30 in the afternoon the day before she looked incensed. She glared at Rosa Pfeifer, the attorney representing Adrienne Driggers!

Ms. Pfeifer fought desperately for the hearing to be held even though we were not given the opportunity to read the documentation that had been withheld from us. She lied repeatedly to the judge by stating that we had admitted to having the received the documentation but was thwarted each time by myself. When that failed Ms. Pfeiffer argued that we had plenty of time to prepare for the hearing by asking for the documentation long in advance. That failed as well as the judge was well aware that we had tried in vain to obtain the documents from them. Ms. Pfeifer went as far as to blame her fellow attorney, Patricia Fernandez, for her poor record keeping! The presiding judge ordered the rescheduling of the hearing to September 9, 2015.

We won the skirmish by planting the seed of doubt into the presiding judge's mind as to the integrity of our adversaries. The judge stated to me that she doubted our truthfulness of not having received the documents as she "had never known the Department (DFPS) to do something like this". I smiled at her and stated "There is a lot that you don't know about how these people operate (while I pointed at Adrienne Driggers)".  It was on. She looked at me with a puzzled look as if she wanted to ask me what I meant. She would find out. She would find out in a big way!

One thing to note is that we discovered that the Attorney General's Office was planning on using as their star witness the employee whose error caused the entire situation. I am certain that you too realize not only how suspicious it was for the Department and the Attorney General's Office was to use this person but I am sure that you also realize the extent that the State was out to convict and punish an innocent person. It is our belief that this person was very likely offered a deal for her testimony against my wife. The element of surprise was gone and the State was going to pay dearly.

It's all over

Please forgive me for this brief post.  We have battled for years against injustice and desire a brief moment to rest and spend time with our family after an incredible and overwhelming victory over the Texas Department of Family and Protective Services. We have suffered for a long time and need to learn how to live now that the nightmare is finally over.  At least we hope that it's over. Given our experience with our adversaries we feel that we have no choice but to be prepared for retaliation against us. For now Adrienne Driggs and the Texas Department of Family and Protective(DFPS) have suffered a huge and humiliating defeat.  It is our hope that our victory will help ensure the safety and well being of tens of thousands of children in Texas. It is also or hope that the Texas Legislature reorganizes this incredibly powerful State Agency to prevent the type of abuse of power that we were forced to endure. DFPS must be reorganized to allow for checks and balances just as it must be reorganized to eliminate their current system which is built upon conflicts of interest. It is dangerous to the families of Texas for one person to wield absolute power in the Department of Family and  Protective Services as Adrienne Driggs has been allowed.  Our victory is confirmation of this.

Adrienne Driggers Contact Information

One may wonder why District Director Adrienne Driggers would risk her career and the credibility of the Texas Department of Family and Protective Services just to destroy two simple people whose only wish was to help the most disadvantaged children. The thing to remember is that she could not have accomplished her evil intentions without the help of lower level staff within the Texas Department of Family and Protective Services willingness to falsify daycare deficiencies or the  disregard of all ethical standards from her superiors, including John J. Specia, Jr., the Commissioner of the Texas Department of Family and Protective Services himself, who have enabled her to do whatever she wants to innocent people regardless of whether or not her actions were violations of the United States Constitution or the Texas Administrative Code. He isn't alone as Paul Morris the Assistant Commissioner and Julie Richards the Daycare Field Operations Manager have also allowed her to run rampant across Districts 8, 10, and 11 which coincidentally encompass the most concentrated Hispanic population in the United States. Adrienne Driggers has until now never had to answer for actions which would explain why she felt so comfortable violating violating the United States Constitution as she wished. This is why we have made her actions known to the public. We are not going to allow her to hide behind the walls of her position. She is no longer an anonymous person making decisions that destroy people and claim that it is the will of the State of Texas. She needs to answer for her actions which is why I am posting her contact information. The safety and well-being of the children of Texas must not be dictated by a person who abuses her power to settle personal vendettas or racial animosities.

Adrienne Driggers can be reached at:

adrienne.driggers@dfps.state.tx.us
(210)337-3399
3635 SE Military Dr.
San Antonio, TX 78223

Though she has done a great deal of harm to our family we want to make it clear that we  do not wish Adrienne Driggs any harm.

Perhaps she can explain to you why there is so much inconsistency in her punishment of daycares.  I would like to know how she feels it appropriate to close am exemplary daycare where a child runs out of the building but not punish a daycare where a child gets killed due to the negligence of the daycare but receive no punishment.

Texas Department of Family and Protective Services Organization Chart

The Ku Klux Klan Law

When one hears the name of the State Agency "The Department of Family and Protective Services" those who have not been a target of their abuse think of this grand State Agency that protects the families of the State. Assuming that this is not the first post that you have read from the Dark Side of Childcare you will know that this is not true. The people employed by this State Agency are just as corrupt as any other workplace. The difference is that these people have the full backing of the Attorney General's Office to do whatever they want even if it means violating your Constitutional Rights. I was asked recently if Adrienne Driggers or her staff have any oversight, someone that can stop them from their unethical behavior. The answer is that they basically don't.  Their oversight comes from their own Department!

I was also asked if there was any way that employees of the Department of Family and Protective Services can be sued. The answer is a resounding YES through an old law created in 1871 as part of the Civil Rights Act of 1871 known as the Ku Klux Klan law.

Section 1983 of Title 42 of the United States Code also known as the "Ku Klux Klan law" as well as "Section 1983" is a means to punish State employees from denying you your Constitutional Rights. Section 1983 of Title 42 states:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, SHALL BE LIABLE to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

A lack of ethical standards is evident in the behavior of  Department of Family and Protective Services Childcare Licensing Representatives, Adrienne Driggers the District Director for Sections 8,10, and 11, and her superiors. There is an agency wide belief that they are immune to any form of punishment. They clearly do not have any oversight, nor is there any desire on the part of high ranking officials to reign in the behavior of their subordinates. Section 1983 of Title 42 is your means of making these people pay for violating your Constitutional Rights.

It is sad that a law that was created as a result of the Ku Klux Klan, a racist organization known for lynching minorities, is the law that can help protect you from the Texas Department of Family and Protective Services.

Section 242 of Title 18 of the United States Code: Why Adrienne Driggers should be Imprisoned

It is a common belief amongst Department of Family and Protective Services staff that their actions are free from prosecution. They believe themselves to have full immunity from prosecution simply because they work for a State Agency. Nothing could be further from the truth. During all those sleepless nights I pondered this question: Who can protect us and the families of Texas from a State Agency created to protect us and the families of Texas? The answer is the United States Department of Justice through Section 242 of Title 18 of the United States Code.

Section 242 of Title 18 deals with the Deprivation of Rights under Color of Law.

In short, Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.

For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within the their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the acts are done while the official is purporting to or pretending to act in the performance of his/her official duties.

Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.

However, this law does prohibit a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race. The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the circumstances of the crime, and the resulting injury, if any.

After reading the various posts on this blog it is abundantly clear that Adrienne Driggers should be prosecuted by the Department of Justice under this law. The thing is that she is not alone as a number of State employees are guilty of abusing their power to target us and other individuals. This is why I make this statement very loudly: Adrienne Driggers, the District Director for Childcare Licensing, is a felon. It is a sad thing that we are doing the Texas Attorney General's Office job in bringing these crimes that she has committed against the Texas Attorney General's Office who is defending her! One thing is certain, Texas Department of Family and Protective Services employees had best behave themselves and work in an ethical manner. This blog is spreading. Daycare owners and the public will now know that these corrupt individuals can and should face imprisonment.

UPDATE - Facing Justice with the State Office of Adminstrative Hearings

UPDATE: The hearing has once again been postponed as the Department of Family and Protective Services and the Attorney General's Office withheld pertinent documentation until the day before the hearing. We did not receive this very important documentation until after 4:00 pm c.s.t. via Fed Ex. Obviously intentional. In addition to this, the Department of Family and Protective Services and the Attorney General's Office failed to disclose any witnesses that they were going to present. They tried desperately for the hearing to take place despite our being in a huge disadvantage as a result of their withholding this information. In layman's terms, they tried to pull a fast one. The Hearing will be held on September 9th, 2015 at 10:30 am at 5155 Flynn Parkway Suite 200 in Corpus Christi, Texas.

The hearing to clear Marla from the Central Registry and to reinstate her license to operate the daycare is finally going to be held on June 10, 2015 at 5155 Flynn Parkway suite 200 in Corpus Christi, TX at 11:00 am Central Standard Time. We ask the community, legislators, and the media to attend.

We promise you that Adrienne Driggers and her staff will be exposed even further to the world. If her superiors were in denial of how she abused her power to target innocent people and endanger the lives of children they will learn that what we have written in this blog is absolutely true. They will also learn that her abuse of power is much worse than how she has been portrayed on this blog.

We will come after her and all the people that have helped her abuse her power in targeting our family. We will make her pay for the children that she caused to get molested. She will face justice for her murdering our unborn child and torturing our family. This hearing and her downfall will be historic.